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D. Sims Crawford
Chapter 13 Standing Trustee
P.O. Box 10848
Birmingham, AL 35202-0848
(205) 323-4631
Facsimile (205) 252-0239
WHO ARE WE?
This office serves as the Chapter 13 Trustee for the United
States Bankruptcy Court for the Northern District of Alabama, Southern
Division (Jefferson, Blount and Shelby Counties). The Trustee collects
payments made by Chapter 13 debtors and disburses those payments to creditors
as ordered by the U.S. Bankruptcy Court and pursuant to confirmed Chapter
13 plans. The Trustee has other duties, such as assisting debtors with
their plans, taking legal action in cases when appropriate, and providing
information to the Bankruptcy Court, the Bankruptcy Administrator, debtors,
creditors and their attorneys.
DISCLAIMER
This website is provided for informational purposes only. By law, the
Trustee is not permitted to give legal advice. If you need legal advice,
please contact your attorney. The unauthorized use of our information
is strictly prohibited. If you are uncertain whether your use of this
information is permitted, please contact the Trustee's office before proceeding.
PROVIDING NOTICE TO EMPLOYERS OF PLAN PAYMENT SUSPENSION
ORDERS
From time to time in the Southern Division, a Chapter 13 Debtor through
Counsel will file a motion to suspend plan payments. When such a motion
is granted, the Court enters an order after a hearing or by negative notice.
If the case is funded by payroll deduction, it is the responsibility of
the Debtor or Debtor's Attorney to notify the debtor's employer of the
payment suspension order, and when to resume the payments after the suspension
ends.
Please be advised that the office of D. Sims Crawford, Chapter 13 Standing
Trustee, does not provide notice of payment suspension orders to Debtors’
employers on a regular basis. These notices should be provided to employers
by the Debtors or the Debtors’ Attorneys.
The Trustee’s office will continue to advise, other than on legal
matters, assist, and provide information to employers about Trustee Directions
for Deduction. However, notice of any payment suspension order and their
effective dates should be provided by the Debtor or Debtor’s Attorney.
The Trustee will continue to assist employers with such notices in special
circumstances as a courtesy to the employers.
TRUSTEE POLICY CHANGE REGARDING DEBTOR REQUESTS FOR PLAN
PAYMENT REFUNDS
Effective October 1, 2007, all requests made to the Trustee for plan payment
refunds must be submitted using this Form,
which must be signed by the Debtor and the Debtor’s Attorney. No
request over $500 will be considered. All supporting documents should
be sent with the executed form. This procedure should be used only when
an emergency situation has arisen that is causing severe financial difficulty
for the Debtor or his/her family (maximum $500). Otherwise, the Trustee
encourages Debtors and their Counsel to consider filing an appropriate
motion with the Bankruptcy Court. For all Chapter 13 cases assigned to
the Honorable Thomas B. Bennett, any request for a refund must be filed
as a motion with the Court and Debtors should contact their attorneys
for legal advice.
FEE FOR TRUSTEE’S MOTION TO CONVERT TO CHAPTER 7
The Chapter 13 Trustee sometimes files a motion to convert a case to Chapter
7, for which the bankruptcy estate of that case incurs a $25.00 fee. This
fee is payable only from the assets of the bankruptcy estate that exist
before the court enters a conversion order. When the Chapter 13 Trustee
files such a motion, the interim statement for that case will reflect
a claim payable to the U.S. Bankruptcy Clerk in the amount of $25.00 if
the fee has been assessed by the Clerk.
For more information, see 28 U.S.C. § 1930, Bankruptcy Court Miscellaneous
Fee Schedule (10), and the Bankruptcy Fee Compendium III, August 2007,
as promulgated by the Judicial Conference of the United States, Part D.I.B.(1)
and (6), pp.38-39.
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