NOTICE TO BANKRUPTCY PRACTITIONERS Jack W. Gooding

Chapter 13 Trustee

Serving the Eastern and Western Districts of Arkansas
El Dorado, Hot Springs, Little Rock, Pine Bluff, and Texarkana Divisions
Chapter 13 Trustees nationwide have been notified of a new policy instituted by the Executive Office of the United States Trustee concerning the timing of the collection of the percentage fees by Chapter 13 Trustees. This new policy requires that Chapter 13 Trustees collect and account for their percentage fee at the time of the receipt pursuant to 28 U.S.C. 586(e)(2). Previously Chapter 13 Trustees had collected the fee at the time of disbursement.  This Trusteeship is scheduled to implement this change in the first week of October 2014.   We ask that members of the Bar review and update their standard forms including: Narrative Plans, Orders of Dismissal and Orders of Conversion to delete any reference to Trustee collecting their fee on disbursements.  Note that this change will mean that fees will be collected at the time of receiving all receipts and will be adjusted as necessary for cases that dismiss or convert prior to confirmation, as well as debtor refunds or other similar payments. Also, beginning October 1, 2014, the Trustee fee collected by the Gooding Trusteeship will increase to 6.25%, by directive from the United States Trustee. Please direct any questions to the Chapter 13 Trustee or the staff attorneys.