Judge Yun’s July 28 chapter 13 calendar
The other day I was in Judge Yun’s courtroom and he said that his July 28, 2015 chapter 13 calendar was going to be huge. Each year the Riverside chapter 13 trustee spends a day in front of the chapter 13 judges with motions to dismiss for tax case returns not being sent to the trustee. As a condition for confirmation in a less than 100% case, the debtor must send his or her tax return to the trustee every year.
Mr. Danielson hires special interns to coordinate these cases and to bring these motions. Last year the chapter 13 trustee brought in an addition $5 million to the chapter 13 program, so it is a big deal.
Judge Yun said that since the July 28 calendar will be so big, he is scheduling it starting at 1000am. In addition, the Judge said that all motions to modify or to stipulate to higher plan payment must be filed by that day. The Judge said he will dismiss cases that are not resolved by that day. He will not allow a debtor/attorney to come in and ask for a continuance to resolve the matter.
Practice Pointer: Check to see that all your Riverside clients have sent the tax returns and refunds to the chapter 13 trustee. If they have not, then send the taxes and the tax refund. If the client has spent the tax refund, call the trustee to reach a settlement BEFORE the July 28 hearing or the debtor’s case will be dealt with severely.