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Trustee’s Percentage Fee and Trustee’s List Procedure

The Current Trustee’s Percentage Fee is 8%

Trustee’s List Procedures

CHAPTER 13 TRUSTEE’S OFFICE CONFIRMATION LIST PROCEDURES (Revised July 2025)

CONFIRMATION

  • Confirmation Review
    • Our office sets aside time each week prior to confirmation hearings to review cases with debtors’ attorneys.  Confirmation hearings are typically held on TUESDAYS AT 1:00 PM but occasionally may be held on a THURSDAY docket.  The deadline to meet and confer with the Trustee’s office to participate in the Trustee’s list procedures is dependent on the day of the week confirmation is scheduled. (SEE BELOW)
    • If you or your firm average 5 or more cases on a confirmation docket, the Trustee’s office requests that you reserve a standing time to review cases.                             
      • We prefer to review cases in person, particularly for those with a higher volume.  Meetings may be done telephonically upon request, if the circumstances so require.  Those with fewer than 5 cases may send an email in lieu of meeting in person.
      • Please review your cases, including prior Trustee notes, all filed claims, objections to confirmation, and any other pending motions, prior to meeting with the Trustee’s office. 

TUESDAY DOCKETS

  • If you wish to review your cases with our office and participate in the court’s Confirmation List procedure (below), you must meet with our office no later than 10:00 AM on TUESDAY the week prior to confirmation.  All communications received prior to that time will be included in the Trustee’s confirmation lists.  Communications received after the deadline are not guaranteed to be included on the Trustee’s lists.
    • If you are entitled to meet via email, you may send an email to jjohnson@ch13tuscaloosa.com and copy asmithson@ch13tuscaloosa.com providing information about your cases.  We request that you send your email as early as possible the week prior to the confirmation hearing, but no later than Tuesday at 10:00 am, so we will have time to respond to your email and prepare the lists for the court. 
    • Our office is very busy on days we meet with attorneys so we will respond to your emails as quickly as possible.  As long as your email is received by 10:00 am on Tuesday, your case(s) will be included on the “lists” submitted to the Court, if warranted.

THURSDAY DOCKETS

  • For cases set on a Thursday docket, you must meet with our office no later than NOON on THURSDAY the week prior to confirmation.  Communications received after the deadline are not guaranteed to be included on the Trustee’s lists.
  • Confirmation Lists
    • In the Western Division, we use a set of “lists” to expedite confirmation hearings.  The lists represent agreements reached by debtor’s counsel and the Trustee’s office prior to the confirmation hearing.
    • Lists are submitted to the Court the week before a confirmation docket.  If you wish to have your case(s) included on one of the lists, you must participate in the confirmation review process during the times noted above.  If your case(s) does not make a list, you are required to appear for the confirmation hearing.  If your case(s) does make a list, you MAY be excused from appearing for the confirmation hearing.
    • Lists:
      • Amend/Continue – if you need to file an amended plan, we will provide a deadline for you to file the amended plan and a date to which the confirmation hearing will be continued.  A copy of the form order entered by the court is attached hereto.
        • You must obtain consent from a creditor’s attorney who has a pending motion or objection
        • If a creditor has a pending motion for relief, you must obtain consent of the creditor’s attorney to waive or extend the 362(e) deadlines
        • You are excused from appearing for the confirmation hearing
      • Continuance – if your case is not ready for confirmation, you may request a continuance to resolve any outstanding issues
        • You must obtain consent from a creditor’s attorney who has a pending motion or objection
        • If a creditor has a pending motion for relief, you must obtain consent of the creditor’s attorney to waive or extend the 362(e) deadlines
        • You are excused from appearing at the confirmation hearing
      • Recommend – if the Trustee deems your case ready for confirmation, we will recommend the case for confirmation
        • You are excused from the confirmation hearing
      • Recommend and Withdraw – if the Trustee deems your case ready for confirmation but has a pending motion to dismiss and/or objection to confirmation, we will recommend for confirmation and withdraw the Trustee’s motion to dismiss and/or objection to confirmation
        • You are excused from appearing at the confirmation hearing
      • Conditional Recommend – if the Trustee deems your case ready for confirmation upon the completion of a condition, i.e. payment, providing tax returns, resolution of objection to confirmation, etc., your case will be conditionally recommended upon meeting the condition.
        • If you are on a conditional recommend list, please email jjohnson@ch13tuscaloosa.com and asmithson@ch13tuscaloosa.com the day before confirmation and let us know whether or not the condition has been met.  One email with all of your conditionally recommend cases is preferred.
        • IF THE CONDITION IS MET, you are excused from appearing at the confirmation hearing


CHAPTER 13 TRUSTEE’S OFFICE DISMISSAL LIST PROCEDURES (Revised October 2025)

C. DAVID COTTINGHAM, WESTERN DIVISION

DISMISSAL DOCKET

  • Judge Henderson currently holds one dismissal docket every other month.  Similar to the confirmation hearing process, we employ a list procedure to expedite dismissal dockets.  If your case is included on the list, you are NOT required to appear for the hearing.  If your case is not on the list, you MUST appear for the hearing.
  • Dismissal dockets are typically held on Thursday, although occasionally a dismissal docket may be held on Tuesday.
  • Please make sure you communicate any agreements with your client so they do not unnecessarily appear for a hearing with a prearranged resolution.
  • Dismissal Lists
    • Please review the pay history and schedules I/J in your case before emailing the trustee’s office.  Also make sure to review your case for a modification, if your debtor has incurred a change in circumstances.
    • Given the volume of the dismissal dockets, we request that your email include an excel spreadsheet that includes the specific request for each case you are asking to be included on a trustee’s list.  If the information is submitted in this exact format, then my office can easily assimilate it all into one list for each docket that is ready to be used by the Court.
      • Please use ALL CAPS on your excel spreadsheet
      • Include the following in a separate cell:
        • Case Number
        • Debtor Name (FIRST NAME LAST NAME)
        • Requested Action Taken (List – see below for specific notation)
    • Lists: 
      • Continuance – If you need additional time to speak to your client or for your client to make payments or modify the plan, you may request a continuance to the next month’s dismissal docket. 
        • Agreed continuances of hearings on motions to dismiss are done by order BEFORE court.  The hearing will be vacated from the docket, and you will not need to appear at the docket.
        • NOTATION – CONT TMD TO DATE AT TIME  
          • 21-70001              JANE SMITH       CONT TMD TO 11/21 AT 1:00
      • Modify/Continue – If you/your client needs a continuance but needs to increase the plan payment to pay the case out on time, you may request a continuance with the necessary increase to the plan payment.  The court’s order continuing the case will include the payment increase.
        • Agreed plan modifications with continuance of hearings on motions to dismiss are done by order BEFORE court.  The hearing will be vacated from the docket, and you will not need to appear at the docket.  A copy of the form order entered by the court is attached hereto.
        • If the payment increase requires amended schedules I/J to show feasibility, please note the requirement.
        • NOTATION – MOD PP TO $___/FREQUENCY; AMEND I/J; CONT TMD TO DATE/TIME  (abbreviate MO, BW, WK, SM)
          • 21-70001              JANE SMITH       MOD PP TO $321/MO; AMEND I/J; CONT TMD TO 11/21 AT 1:00
          • 21-70001              JANE SMITH       MOD PP TO $123/BW; CONT TMD TO 11/21 AT 1:00
      • Withdraw – If you believe the trustee’s motion to dismiss is due to be withdrawn, you may request.  Please remember that the court is typically looking to see consecutive monthly (or consecutive month’s worth of) payments before approving a withdrawal.  Also make sure schedules I/J support feasibility of plan payment before requesting withdrawal.
        • Agreed withdrawals will be announced at the beginning of the docket.  You do not need to appear if your case is to be announced as an agreed withdrawal.
        • NOTATION – WITHDRAW
          •  21-70001             JANE SMITH       WITHDRAW
      • Withdraw and Modify – If you believe the trustee’s motion to dismiss is due to be withdrawn but the plan payment needs to be increased to pay the case out on time, you may request a withdrawal with the necessary increase to the plan payment.  Note the increase must be feasible prior to the withdrawal request.
        • Agreed withdrawals will be announced at the beginning of the docket.  You do not need to appear if your case is to be announced as an agreed withdrawal.
        • NOTATION – MOD PP TO $__/FREQUENCY AND WITHDRAW
          • 21-70001              JANE SMITH       MOD PP TO $123/BW; WITHDRAW
      • Dismiss – If your client consents to the dismissal of the case, you may request the case be dismissed.  Please note this is an agreed dismissal.  You must have express consent from your client to participate in the dismissal list.  This does not include cases in which you have lost contact with your client or in which your client has failed to meet some payment condition that you may have arranged with them.
        • Agreed dismissals will be announced at the beginning of the docket.  You do not need to appear if your case is to be announced as an agreed dismissal. 
        • NOTATION – DISMISS
          • 21-70001              JANE SMITH       DISMISS
      • Convert or Dismiss – If your client intends to covert the case to a case under chapter 7, you may request 30 days for the case to be converted or to have the case dismissed.
        • Agreements to allow the debtor 30 days to convert the case to chapter 7 or have the case dismissed are announced at the beginning of the docket.  You do not need to appear if your case is to be announced as an agreed Covert/Dismiss.
        • NOTATION – CONVERT
          • 21-70001              JANE SMITH       CONVERT

Example Excel Submission:

18-70000SARAH GRAHAMCONT TMD TO 10/24 AT 1:00
18-70001KEVIN MARTINWITHDRAW
18-70002STEPHANIE SMITHMOD PP TO $641/BW; WITHDRAW
18-70003APRIL ALLENCONVERT
18-70004SAMUEL HUGHESDISMISS
18-70005HARRISON GILESMOD PP TO $524/WK; CONT TMD TO 10/24 AT 1:00
18-70006PAMELA JOHNSONCONT TMD TO 10/24 AT 1:00
18-70007JENNIFER BULLOCKMOD PP TO $259/MO; AMEND I/J; CONT TMD TO 10/24 AT 1:00

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