The office of the Standing Chapter 13 Trustee services parties in Chapter 13 Bankruptcy cases in the Eastern District of Missouri. The Trustee accepts queries regarding case status by mail or by phone; contact information is shown below. The Trustee will not respond to requests for information via e-mail.
The Trustee's office cannot provide legal advice. If you are a debtor in Chapter 13 who needs advice about your Chapter 13 case, please contact your attorney for assistance.
Please see the document linked below for the procedure to obtain the Chapter 13 Trustee's consent to a motion for relief from the automatic stay to avoid the filing fee under Local Rule 4001-1.
Beginning October 1, 2016, the Trustee's percentage fee will be 5.5%.
Attorneys, please note: Due to the Monday holidays in December and January we will be scheduling 341 hearings for attorneys whose cases are usually set on Monday on Thursday, 12/29, and Thursday, 1/12.
The interest rate for secured claims in the Eastern District of Missouri changed to 5% effective 7/1/2016.
The Trustee has recently received approval to participate in the Trustee Education Network's program offering an online financial education course meeting the education requirement for debtors in Chapter 13.
The web site for the class is:www.13class.com
Mr. LaBarge's Trustee identification number for the class is TEN13022. Please see the flyer linked below for more information.Click Here to view the flyer.
The AM session of the Trustee's June 5, 2015, seminar has been approved for 2 hours of CLE credit.
The PM session has been approved for 3.8 hours of CLE credit, of which 1.2 hours is for ethics.
The bankruptcy court has released a new model plan form for Chapter 13 cases with language reflecting the change in timing of trustee fee collection.
You can find the new plan form here:
The Executive Office of the United States Trustee has directed Chapter 13 Trustees to begin taking their percentage fee upon receipt of payments beginning October 1, 2014. The Trustee currently collects the fee upon disbursement. This change in timing will have the following effects on debtors and debtors' counsel.
- Financial information on the Trustee's website and on the National Data Center website will look different. The fee will be taken immediately on receipt per the general ledger, so for each receipt transaction an associated trustee fee transaction will also be entered, and the balance on hand will be adjusted by the amount of the fee. On October 1, 2014, the Trustee will take his percentage fee on all funds on hand.
- Fees are taken on all plan payments. If a case is dismissed or converted prior to confirmation any refund to the debtor will be the remainder of the funds on hand after trustee fees, any adequate protection payments, and other disbursements ordered by the Court. The Trustee will no longer collect the $100 § 503(b) award in cases dismissed or converted prior to confirmation.
- The Court will issue an order stating that as of October 1, 2014, Trustee fees are taken on receipt of payments in all cases even if language in confirmed plans states on disbursement.
- Language in the new form plan of 10/2014 reflects this change in timing of fee collection.
The Court is directing that “Within fourteen days of filing federal and state income tax returns, Debtor shall provide a copy of each return to the Chapter 13 Trustee.”
All debtors are obligated to send the Trustee their tax refund according to the terms of the confirmed plan.
Tax returns should be sent to the Trustee by ordinary mail. The Trustee will not accept returns via e-mail.
Failure to comply may result in a motion to dismiss the case.
Use of the new Schedule I & Schedule J forms is required for all cases.
The Trustee is pleased to introduce the ePay Online Payment Service for debtors to submit Chapter 13 plan payments to the Trustee via the internet, securely and easily.
For more information, and to get started, please click here
Per the Standing Trustee Handbook:
"At the meeting of creditors, each individual debtor must present original government-issued photo identification and confirmation of the debtor's social security number. ...Any document used to confirm a debtor's identity and Social Security number must be an original."
Copies of debtors' Social Security cards will no longer be accepted. Acceptable forms of proof of Social Security number include: Social Security card, medical insurance card, pay stub, W-2 form, IRS Form 1099, and Social Security Administration Statement.
The Trustee is now making disbursements to debtors' attorneys via Electronic Funds Transfer. Attorneys representing debtors who would like to participate should complete the authorization agreement found below and mail it to the Trustee's office. Please contact us with any questions!Click here to access the Attorney EFT Authorization Form
The Trustee's disbursement cut-off date for December, 2016 is Tuesday, December 20th.
Please see the following notice regarding continuance procedures for confirmation hearings, motions to amend Chapter 13 plan, motions or objections filed by the debtor, and motions or objections filed by the Trustee:Click Here
Please review the announcement at the link below of a new Chapter 13 procedure for the filing of mortgage claims by debtors' attorneys:Click here to view the announcement.
The U.S. Trustee Program has developed "Guidelines for Reviewing Mortgage Claims" for implementation by all Chapter 13 Standing Trustees. These guidelines are available here:Guidelines for Reviewing Mortgage Claims
Note that Local Rule 3001-A requires a breakdown of the amount identified as pre-petition home loan arrearage.
The NACTT Academy for Consumer Bankruptcy Education, an outgrowth of The National Association of Chapter Thirteen Trustees, seeks to educate the general public as well as legal and financial professionals about the benefits of Chapter 13 in order to maximize the effectiveness of filings. The Academy’s website serves as a resource for anyone involved in consumer bankruptcy issues, specifically Chapter 13. The Academy hopes to increase awareness of the benefits of Chapter 13 and to improve consumer bankruptcy practice nationwide.
We encourage you to visit the Academy website at ConsiderChapter13.org as a primary resource for all of your electronic bankruptcy needs and interests.
The Trustee's web site now offers vouchers for disbursement checks up to one year old through the web site. After login, in the Main Page search box, you can now search for check numbers by prefixing a pound sign to the check number. In addition, in the claim detail, creditor detail, and payment listing for any case, the check numbers for which a voucher is available will appear as hyperlinks which display the associated voucher in a new window. The voucher display includes a link to a version of the voucher as comma-separated values suitable for import into Excel or other spreadsheet programs. Please contact the Trustee's office with any questions!
The Trustee's web site now offers a plan calculation program to help attorneys assess feasibility, estimate a plan's payout potential, analyze the effects of changes to claims, delinquency, and confirmation delays on a plan over time, and more. In order to effectively use the program, it is essential that all interested users review the documentation available below. After reviewing the documentation, users interested in more detailed advanced training should contact our office for an appointment.
NOTE: The Trustee makes no representation or assurance concerning the accuracy or completeness of results obtained via Plan Calc. The operation of Plan Calc has no bearing on or relationship to the actual disbursement of trust funds by the Trustee. The Trustee does not warrant that the operation of Plan Calc will be free from error or defect.
The trustee will provide a figure to pay the balance of a case as required by law only on request of debtor's counsel and only to the person as requested by debtor's counsel. However, with the proper authorization to a lending institution, the figure to pay the balance of a case as required by law will be provided to the designated institution if debtor's counsel has a motion to refinance or incur debt pending.
The Trustee's case information is now available to debtors and other parties in interest through the National Data Center. Please visit the National Data Center web site for more information.
The Trustee's office offers delinquency information on active cases through this web site. Users should be aware that this information is offered for your convenience, but the Trustee offers no guarantee of currency or accuracy. Generally, information on active cases should be accurate within two days of receipts and payment due dates. Nevertheless, in order to obtain the most current and accurate delinquent amount, users should calculate the debtor's delinquency themselves using the plan terms and the Trustee's record of receipts. Please note that delinquency information on dismissed or converted cases is NOT offered. Users seeking delinquency information for dismissed cases must calculate the delinquent amount manually, or call the Trustee's office for assistance.
Access to Chapter 13 case information is available online to parties in interest who have read and completed the access agreement available on this page. Interested parties should download and complete the access agreement and mail the original to the address below. Please contact the office for more information.
Chapter 13 Trustee
P.O. Box 430908
St. Louis, MO 63143