Chapter 13 Standing Trustee Annual Report And Instructions

Appendix I - Instructions


CHAPTER 13 STANDING TRUSTEE
ANNUAL REPORT AND INSTRUCTIONS

Schedule I TRUST FUNDS PER BOOKS BEGINNING OF YEAR

 
The amount recorded at:
 

 
 
I(a)
 
 
is the combined total of the ending fund balances in the pre-
confirmation trust accounts at the end of the prior fiscal year.
 

 
 
I(b)
 
 
is the ending fund balance in the interest bearing account for
confirmed cases at the end of the prior fiscal year.
 

 
 
 
 
I(c)
 
 
 
 
is the interest reported in prior year but not yet transferred to
expense funds. This total, or portions thereof, will also be shown
and recorded in other Schedules within the Annual Report as
follows: V(e)(ii), VI(c) and XII(d)(ii).
 
Schedule II TRUST FUNDS RECEIVED DURING YEAR

        The purpose of this Schedule is to determine (a) the total amount of
gross payments received from or on behalf of debtors, (b) interest received on
trust funds, (c) deposits into the trust account of fees received by the trustee
on payments made directly to creditors by debtors (direct payments) and (d)
other receipts received during the fiscal year.

        NOTE: That the 1986 amendment to 28 U.S.C. Section 586(e)(2)
provides that the percentage fee applies only to payments received by the
standing trustee. The Amendment became effective November 26, 1986, as
to plans confirmed on or after that date, in districts that were then United
States Trustee districts. The Amendment became effective in other districts
upon the expiration of the 30- day period beginning on the date the Attorney
General certified the district under Section 303 of the Bankruptcy Judges,
United States Trustees, and Family Farmer Bankruptcy Act of 1986.
Therefore, fees may not be received on payments directly by debtors to
creditors under plans confirmed on or after the date that 28 U.S.C. Section
586(e)(2) (as amended) became effective in the district in which the case was
filed. If other receipts into the trust fund include fees on direct payments,
you must attach a schedule itemizing those cases including the case number,
case name, date of confirmation, amount of direct payment by debtor, date
confirmation of payment was obtained from the creditor and the amount of
the fee received.

        Item II(a) includes all receipts from or on behalf of debtors, whether
before confirmation or after. Pre-confirmation receipts, if applicable, are not
to be shown as receipts a second time, upon confirmation.

Schedule III TRUST FUNDS REFUND DURING YEAR

        Refunds in Item III(a) include refunds of monies after plan
confirmation, and Item III(c) includes monies refunded on cases with no
confirmed plan.

        It is important to note that Item III(a)(i) through (iv) includes
a breakdown of refund reporting which requires separate recording of these
refunds in the trustee's financial records during the year.

Schedule IV
 
TRUST FUND DISBURSEMENTS ON CASES WITH
CONFIRMED PLANS

        This Schedule requires the recording of data concerning trust
disbursements.

        Item IV(h)(ii) should include any fees received from debtors on
payments made directly to creditors by debtors deposited into the trust
account and shown at II(c). The amount recorded in IV(h)(i), percentage fees
transferred to expense fund, is reconciled to plan disbursements at Schedule
X(f). This reconciliation demonstrates actual disbursement amounts on
which percentage fees were transferred. If a difference occurs between
percentage fees actually transferred on actual disbursements during the year
(IV(h)(i)), and the properly calculated amount at (X(f)(ii)(b)), the difference
will be shown and fully explained at X(f)(iii). The sum total of IV(h)(i) and
IV(h)(ii) will be carried forward to XII(a).

Schedule V
 
TRUST FUND SUMMARY PER BOOKS FOR END OF
YEAR

        This Schedule represents a summary of amount previously
reported on Schedules I, II, III and IV

        The balance of V(g) is the actual total trust funds per books at the end
of the fiscal year. This amount must agree with the final year-end General
Ledger total and with the aggregate of all year-end individual debtor ledger
totals.

        The amount recorded in V(g) will be the same amount shown in
Schedule VI(e), VII(d) and VIII(e). If different, an error in posting has
occurred and should be identified and reported separately on Schedule VI(d)
and VIII(d).

Schedule VI
 
NATURE OF TRUST FUNDS PER BOOKS END OF
YEAR

        This Schedule represents the total trust funds per books at the end of
the fiscal year, including the breakdown of trust funds in pre-confirmed and
confirmed plan cases.

        NOTE: The amounts recorded in Schedule VI as prior year ending pre-
confirmed and confirmed plan balances will be the same as amounts recorded
in Schedule I as current year beginning plan balances.

Schedule VII
 
LOCATION OF TRUST FUNDS PER BOOKS END OF
YEAR

        This Schedule provides for the names of the banks in which trust funds
are on deposit at the end of the fiscal year. Further, a breakdown of funds
deposited in interest bearing and non-interest bearing accounts has been
provided. You must also indicate if the depository is U.S. Government
insured, or if non-bank instruments, whether they are obligations of the
United States.

Schedule VIII
 
RECONCILIATION BETWEEN TRUST FUNDS PER
BOOKS AND PER BANKS END OF THE YEAR

        This Schedule represents a reconciliation of total trust funds per books
and per bank at end of fiscal year.

Schedule IX
 
AGING OF TRUST FUND BALANCES PER BOOKS
END OF YEAR

        This Schedule reports debtor receipts by month as recorded in the
financial records and calculates, on a first-in, first-out basis, how many
months' receipts remain undistributed at year end. This information is an
indication of processing efficiency and identifies disbursement delays which
have occurred.

Schedule X
 
 
RECONCILIATION BETWEEN ACTUAL TRUST
DISBURSEMENTS UNDER PLANS AND PERCENTAGE
FEES

        This Schedule reconciles to actual plan disbursements rather than to
receipts. United States Trustee policy requires that percentage fees be
transferred at the time of disbursements.

Schedule XI EXPENSE FUNDS PER BOOKS BEGINNING OF YEAR

        This Schedule shows the separation of non-interest and interest
bearing expense accounts at the beginning of the fiscal year.

Schedule XII EXPENSE FUNDS RECEIVED DURING YEAR

        The purpose of this Schedule is to determine (a) the total amount of
percentage fees transferred from trust funds, (b) administrative expense
allowances transferred from trust funds, (c)(i) fees received directly from
debtors on payments under plans not made through the trustee, (d) interest
earned on trust funds, (e) interest earned on expense funds and (f) other
receipts.

        NOTE: That the 1986 amendment to 28 U.S.C. Section 586(e)(2)
provides that the percentage fee applies only to payments received by the
standing trustee. The Amendment became effective November 26, 1986, as
to plans confirmed on or after that date, in districts that were then United
States Trustee districts. The Amendment became effective in other districts
upon the expiration of the 30- day period beginning on the date the Attorney
General certified the district under Section 303 of the Bankruptcy Judges,
United States Trustees and Family Farmer Bankruptcy Act of 1986.
Therefore, fees may not be received on payments directly by debtors to
creditors under plans confirmed on or after the date that 28 U.S.C. Section
586(e)(2) (as amended) became effective in the district in which the case was
filed. If other receipts into the expense account include fees on direct
payments, you must attach a schedule itemizing those cases including the
case number, case name, date of confirmation, amount of direct payment by
debtor, date confirmation of payment was obtained from the creditor and the
amount of the fee received.

        Examples of the items which can be recorded and included in XII(f)
are: (1) returned check charges and (2) receipts for outside services provided,
such as automated data processing.

Schedule XIII
 
ACTUAL AND NECESSARY EXPENSES PAID DURING
YEAR

        Expenses are shown in the "third party" column if paid to anyone other
than the trustee, the trustee's outside business office, or a party related to
the trustee. Expenses are shown in the second column if paid or shared in
conjunction with the trustee's outside business interest, or paid to the trustee
or a party related to the trustee.

Schedule XIV EXPENSE FUND SUMMARY PER BOOKS FOR YEAR

        The amount shown on XIV(j) will also be recorded on XV(d) and XVI(e).

Schedule XV
 
LOCATION OF EXPENSE FUNDS PER BOOKS END
OF YEAR

        This Schedule provides for the names of the banks in which expense
funds are on deposit at the end of the fiscal year.

Further, a breakdown of funds deposited in interest bearing and non-interest
bearing accounts has been provided. You must also indicate if the depository
is U.S. Government insured, or if non-bank instruments, whether they are
obligations of the United States.

Schedule XVI
 
RECONCILIATION BETWEEN EXPENSE FUNDS PER BOOKS AND PER BANKS END OF YEAR

        This Schedule represents a reconciliation of total expense funds per
books and per bank at end of year.

Schedule XVII
 
FUNDS AVAILABLE FOR COMPENSATION
(OPERATING DEFICIT)

        Information for this section is derived and developed from other
sections of the report as shown on the form. The funds available for
compensation or (operating deficit), XVII(f), will also be recorded in Schedule
XVIII(c).

Schedule XVIII COMPENSATION LIMITATION

        Self explanatory.

Schedule XIX SURPLUS EXPENSE FUNDS

        Self explanatory.

Schedule XX SUMMARY OF FUNDS PAYABLE

        This Schedule represents excess compensation and/or surplus funds
payable.

Schedule XXI UNREIMBURSED OPERATING DEFICITS CARRY FORWARD

        Self explanatory.

Schedule XXII BONDING REQUIREMENT

        Self explanatory.

Schedule XXIII CASES HANDLED

        Self explanatory.

STANDING TRUSTEE'S CERTIFICATION TO REPORT AND ACCOUNT

        As a last reminder, prior to submitting the Annual Report to the
United States Trustee, ensure that your signature and the current date have
been affixed on page 13. If a subsequent amended report is filed, as often is
done upon completion of audit, the amended report must be signed and dated.

Updated May 7, 2015

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