=== Chief Judge Henderson's 2026 Planning Calendar ===
Judge Henderson's Court Planning Calendar May 2026 April '26 S M T W T F S 1 4 3 2 9 10 11 8 5 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 6 7 1 8 June '26 S M T W T F S 2 6 3 4 9 10 11 12 13 7 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 5 July '26 S M T W T F S 1 4 3 2 9 10 11 8 5 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 6 7 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 26 3 27 4 28 5 29 6 30 7 1 Spring Western Division Bankruptcy CLE 8:30 a.m. - 12:45 p.m 8 Ch7 341 Mtg 8:30 AM Confirmation Docket AP/ Business Docket Motion Docket 1:00 PM 1:00 PM 1:00 PM Ch 13 341 Mtg 9:30 AM 10 Mother's Day 11 12 13 14 15 NO COURT NO COURT NO COURT NO COURT NO COURT 11th Circuit Conference 11th Circuit Conference 11th Circuit Conference 11th Circuit Conference 17 24 31 18 19 Confirmation Docket 1:00 PM 25 Memorial Day 26 NO COURT HOLIDAY 1 20 27 21 28 22 Ch7 341 Mtg 8:30 AM Motion Docket 1:00 PM Ch 13 341 Mtg 9:30 AM 29 Dismissal Docket NO COURT NO COURT 1:00 PM Bankruptcy at the Beach Bankruptcy at the Beach Calendar Templates by Vertex42.com https://www.vertex42.com/calendars/ Updated 05/19/26 2026 Calendars 2027 Calendars 2 9 16 23 30 Judge Henderson's Court Planning Calendar June 2026 4 May '26 S M T W T F S 2 9 6 3 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 1 8 7 5 July '26 S M T W T F S 1 4 3 2 9 10 11 8 5 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 6 7 3 August '26 S M T W T F S 1 8 5 2 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 6 7 4 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 31 7 14 1 8 15 21 Father's Day 22 28 5 29 6 Motion Docket 1:00 PM 2 9 3 10 Confirmation Docket Trustee's Status 1:00 PM Conference 1:00 PM in 341 Meeting Room Motion Docket 1:00 PM 16 23 Confirmation Docket 1:00 PM 30 17 24 1 4 5 Ch7 341 Mtg 8:30 AM 6 AP/ Business Docket 1:00 PM Ch 13 341 Mtg 9:30 AM 11 18 12 **Ch7 341 Mtg 8:30 AM 13 19 Juneteenth 20 Ch 13 341 Mtg 9:30 AM NO COURT HOLIDAY 25 2 26 Ch7 341 Mtg 8:30 AM 3 27 4 **6/12/26 Ch 7 341 for cases filed Sat. 5/16/26; will not be held if no cases filed. Calendar Templates by Vertex42.com https://www.vertex42.com/calendars/ Updated 05/19/26 2026 Calendars 2027 Calendars Judge Henderson's Court Planning Calendar July 2026 1 8 June '26 S M T W T F S 2 6 3 4 9 10 11 12 13 7 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 5 3 August '26 S M T W T F S 1 8 5 2 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 6 7 4 Sunday Monday Tuesday Wednesday Thursday Friday September '26 S M T W T F S 2 5 9 10 11 12 6 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 8 7 4 3 Saturday 4 Independence Day NO COURT HOLIDAY HOLIDAY 28 5 12 19 26 2 29 6 13 20 27 3 30 7 14 Motion Docket 1:00 PM Confirmation Docket 1:00 PM Motion Docket 1:00 PM 21 28 1 8 15 22 29 2 9 3 10 Ch7 341 Mtg 8:30 AM AP/ Business Docket 1:00 PM Ch 13 341 Mtg 9:30 AM Dismissal Docket 1:00 PM 16 23 17 24 Ch7 341 Mtg 8:30 AM Confirmation Docket Ch 13 341 Mtg 9:30 AM 1:00 PM NO COURT 30 31 11 18 25 1 NO COURT NO COURT NO COURT NO COURT NO COURT Notes Calendar Templates by Vertex42.com https://www.vertex42.com/calendars/ Updated 05/19/26 2026 Calendars 2027 Calendars Judge Henderson's Court Planning Calendar August 2026 July '26 S M T W T F S 1 4 3 2 9 10 11 8 5 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 7 6 September '26 S M T W T F S 2 5 9 10 11 12 6 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 8 4 7 3 October '26 S M T W T F S 2 3 9 10 7 4 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 1 8 6 5 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 26 2 9 16 23 30 27 3 10 17 24 31 28 4 11 Motion Docket 1:00 PM 29 5 12 Confirmation Docket Trustee's Status 1:00 PM Conference 1:00 PM in 341 Meeting Room 19 26 Motion Docket 1:00 PM 18 25 Confirmation Docket 1:00 PM Notes 30 6 31 7 Ch7 341 Mtg 8:30 AM AP/ Business Docket 1:00 PM Ch 13 341 Mtg 9:30 AM 13 20 27 14 21 Ch7 341 Mtg 8:30 AM Ch 13 341 Mtg 9:30 AM 28 1 8 15 22 29 Calendar Templates by Vertex42.com https://www.vertex42.com/calendars/ Updated 05/19/26 2026 Calendars 2027 Calendars Judge Henderson's Court Planning Calendar September 2026 3 August '26 S M T W T F S 1 8 5 2 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 4 6 7 October '26 S M T W T F S 2 3 9 10 7 4 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 1 8 6 5 3 November '26 S M T W T F S 1 7 4 2 9 10 11 12 13 14 8 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 6 5 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 30 6 13 20 27 4 31 7 Labor Day NO COURT HOLIDAY 14 21 28 5 2 9 16 23 30 Motion Docket 1:00 PM 1 8 15 Confirmation Docket 1:00 PM Motion Docket 1:00 PM 22 29 Confirmation Docket 1:00 PM 3 10 4 **Ch7 341 Mtg 8:30 AM 5 11 Ch7 341 Mtg 8:30 AM AP/ Business Docket 1:00 PM Ch 13 341 Mtg 9:30 AM 17 24 1 18 25 Ch7 341 Mtg 8:30 AM Dismissal Docket 1:00 PM Ch 13 341 Mtg 9:30 AM 2 12 19 26 3 **9/4/26 Ch 7 341 for cases filed Sat. 8/1/26; will not be held if no cases filed. Calendar Templates by Vertex42.com https://www.vertex42.com/calendars/ Updated 05/19/26 2026 Calendars 2027 Calendars Judge Henderson's Court Planning Calendar October 2026 September '26 S M T W T F S 2 5 9 10 11 12 6 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 8 3 7 4 3 November '26 S M T W T F S 1 7 4 2 9 10 11 12 13 14 8 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 5 6 December '26 S M T W T F S 2 5 9 10 11 12 6 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 1 8 4 3 7 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 28 5 29 6 Motion Docket 1:00 PM 12 Columbus Day 13 NO COURT HOLIDAY 30 7 14 15 Trustee's Status Confirmation Docket Conference 1:00 PM in 341 Meeting Room 1:00 PM 1 8 2 3 9 Ch7 341 Mtg 8:30 AM 10 AP/ Business Docket 1:00 PM Ch 13 341 Mtg 9:30 AM 19 26 2 21 28 Motion Docket 1:00 PM 20 27 Confirmation Docket 1:00 PM Notes 22 29 17 24 16 23 Ch7 341 Mtg 8:30 AM Ch 13 341 Mtg 9:30 AM 30 31 Halloween Calendar Templates by Vertex42.com https://www.vertex42.com/calendars/ Updated 05/19/26 2026 Calendars 2027 Calendars 27 4 11 18 25 1 Judge Henderson's Court Planning Calendar November 2026 October '26 S M T W T F S 2 3 9 10 7 4 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 1 8 5 6 December '26 S M T W T F S 2 5 9 10 11 12 6 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 1 8 7 3 4 4 January '27 S M T W T F S 2 9 6 3 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 1 8 5 7 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 8 15 22 29 6 2 9 16 23 30 7 3 10 17 24 4 5 6 Ch7 341 Mtg 8:30 AM 7 Motion Docket 1:00 PM AP/ Business Docket 1:00 PM Ch 13 341 Mtg 9:30 AM 11 Veterans Day 12 Confirmation Docket 1:00 PM NO COURT HOLIDAY 13 20 18 19 Motion Docket Dismissal Docket Bankruptcy Law Update Ch7 341 Mtg 8:30 AM CLE Alabama 1:00 PM Ch 13 341 Mtg 9:30 AM 1:00 PM 8:30 AM - 4:00 PM NO 341 MEETINGS 25 26 Thanksgiving 27 Confirmation Docket NO COURT 1:00 PM NO COURT HOLIDAY NO COURT 1 2 3 4 14 21 28 5 Notes Calendar Templates by Vertex42.com https://www.vertex42.com/calendars/ Updated 05/19/26 2026 Calendars 2027 Calendars Judge Henderson's Court Planning Calendar December 2026 3 November '26 S M T W T F S 7 4 1 2 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 5 6 4 January '27 S M T W T F S 2 3 9 6 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 1 8 7 5 1 8 February '27 S M T W T F S 6 3 4 2 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 29 6 13 20 27 3 30 7 14 21 28 4 Motion Docket 1:00 PM 1 8 2 9 Confirmation Docket Trustee's Status 1:00 PM Conference 1:00 PM in 341 Meeting Room 16 23 30 Motion Docket 1:00 PM 15 22 29 Notes 3 4 Ch7 341 Mtg 8:30 AM 5 AP/ Business Docket 1:00 PM Ch 13 341 Mtg 9:30 AM 10 17 11 12 Fall Western Division Bankruptcy CLE 8:30 a.m. - 12:45 p.m 18 Ch7 341 Mtg 8:30 AM 19 Confirmation Docket 1:00 PM Ch 13 341 Mtg 9:30 AM 24 Christmas Eve 25 Christmas Day 26 NO COURT NO COURT HOLIDAY 31 New Year's Eve 1 New Year's Day 2 NO COURT NO COURT HOLIDAY Calendar Templates by Vertex42.com https://www.vertex42.com/calendars/ Updated 05/19/26 2026 Calendars 2027 Calendars
=== Western Division Practitioners' Best Practices/Guidelines Relating to Motions for Relief ===
PRACTITIONER BEST PRACTICES/GUIDELINES RELATING TO MOTIONS FOR RELIEF WESTERN DIVISION The Court established Administrative Order 17-07 which provides instructions on how to handle Consensual Request for Continuances and Request to Vacate Hearings on Settled Matters amongst other things. As practitioners and members of the local bar, we wish to set internal best practices and standards to ensure the efficiency and sustainability of local practice before the Court. To be effective these norms must be transparent to attorneys that may come to practice here among and across from us. The Tuscaloosa bankruptcy bar recognizes how fortunate it is to practice before a Court that works extremely hard in putting policy and procedures in place that allow for an efficient disposition of matters pending before the Court. In effort to help decrease docket preparation time regarding pending matters involving a Motion for Relief the Automatic Stay and to avoid unnecessary court appearances, the following recommendations are made to practitioners: 1. If there is a consensual request for a continuance or a request to vacate hearing on settled matters, please notify the courtroom deputy via email at [email protected] no later than 1 PM, two (2) business days prior to the Motion for Relief docket. a. If the matter has been settled and a proposed order has not been circulated, please go ahead and notify the courtroom deputy of the settlement so the matter can be vacated from the docket. b. If the parties are notifying the courtroom deputy of a consensual request for a continuance, please remember to indicate in your email that the movant affirmatively waives any and all applicable 11 U.S.C. 362(e) deadlines. c. Consensual request for continuances of a Motion for Relief the Automatic Stay are normally granted if timely requested, and 362(e) deadlines are waived. d. The parties should submit all proposed orders within 21 days of the hearing date. Click HERE for guidelines for submitting E-Orders. 2. Notify the courtroom deputy no later than no later than 1 PM, two (2) business days prior to a motion docket when the only reason the case is being called is for a co-debtor stay. 3. If best practice is not possible, attorneys should still make their best efforts to notify the Court of continuances or settlements as early as possible. 4. Exchange post-petition payment history. In Chapter 13 cases pending in the Western Division, it is expected that the creditor's counsel will furnish post-petition payment histories to the debtor's counsel upon request.
=== Western Division Negative Notice List (Effective 2-9-22) ===
IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF ALABAMA WESTERN DIVISION WESTERN DIVISION NEGATIVE NOTICE LIST1 (Updated February 9, 2022; Effective February 9, 2022)2 In addition to the matters covered by the Western Division Negative Notice Forms (which are posted on the court's website on Judge Henderson's information page), and the matters authorized to be considered on negative notice under the Local Rules, the Western Division permits the following Requests to be filed and considered under the Negative Notice Procedure established by AO 20-01.3 The requisite negative notice legend shall provide for a 21-day response period unless a shorter or longer response period is specified. Chapter 7 Bankruptcy Cases Interim and final applications to approve compensation/reimbursement of expenses pursuant to 11 U.S.C. §§ 330, 331 Motions for leave to withdraw as counsel Motions for relief from the stay of 11 U.S.C. § 362(a) (provided the movant affirmatively waives all applicable 11 U.S.C. § 362(e) deadlines) Motions to approve a compromise or settlement pursuant to Fed. R. Bankr. P. 9019 Motions to compel abandonment pursuant to 11 U.S.C. § 554(b) Objections to claim based on expiration of an applicable statute of limitations (30-day objection period) Trustee motions/notices to abandon property pursuant to 11 U.S.C. § 554(a) (14-day objection period, pursuant to Fed. R. Bankr. P. 6007(a Chapter 13 Bankruptcy Cases 11 U.S.C. § 362(c)(3) motions to extend the stay (provided the motion is supported by an attached affidavit or declaration and filed on the petition date) (14-day objection period, pursuant to Local Rule 4001-1) 11 U.S.C. § 362(c)(4) motions for the stay to take effect (provided the motion is supported by an attached affidavit or declaration and filed within 30 days after the petition date) (14-day objection period, pursuant to Local Rule 4001-1) Motions for leave to withdraw as counsel Motions for relief from the co-debtor stay of 11 U.S.C. § 1301 Motions for relief from the stay of 11 U.S.C. § 362(a) as to collateral that the debtor(s)' plan proposes to surrender (provided the movant affirmatively waives all applicable 11 U.S.C. § 362(e) deadlines) Motions for relief from the stay of 11 U.S.C. § 362(a) as to property covered by a lease that the debtor(s)' plan proposes to reject (provided the movant affirmatively waives all applicable 11 U.S.C. § 362(e) deadlines) Motions for the refund/disbursement of monies held by the chapter 13 trustee 1 "Negative notice" refers to the process by which interested parties are given notice of a filing and of the opportunity to object and request a hearing (in the absence of which the relief requested may be granted without a hearing). Capitalized terms used herein and not otherwise defined have the meanings ascribed to them in Western Division Administrative Order No. 20-01 ("AO 20-01"). 2 This update adds to the list of Requests that may be filed and considered under the Negative Notice Procedure. 3 An ad hoc committee of Western Division attorneys, in consultation with the clerk's office, the Bankruptcy Administrator, the chapter 13 trustee, and the court, has prepared several sample Requests (and proposed orders on Requests) that are approved by the court and posted on the court's website. Use of these sample forms is permitted but not required; whereas, for matters covered by a Western Division Negative Notice Form, use of the court-approved form is required for consideration of the matter on negative notice. 1 Motions/objections pursuant to 11 U.S.C. § 1329(a)(3), and/or 11 U.S.C. § 502(j), to reduce the amount of payments on a claim provided for by the plan, and/or to reconsider a claim, based on payment/satisfaction of the claim other than under the plan (30-day objection period) Motions/objections to determine the amount of a secured claim pursuant to 11 U.S.C. § 506(a) (30-day objection period) Motions pursuant to Fed. R. Bankr. P. 9023 and Fed. R. Civ. P. 59 to set aside an order granting a chapter 13 trustee motion to dismiss the debtor(s)' case (provided the debtor(s)' plan is confirmed and all claims bar dates have expired) Motions to authorize/approve trial and permanent mortgage loan modification agreements Motions to modify confirmed chapter 13 plans to: increase, reduce, suspend, or otherwise modify the debtor(s)' regular plan payments; extend or reduce the debtor(s)' plan term; modify the distribution to holders of allowed non-priority unsecured claims not separately classified by the plan; modify monthly fixed payments provided for by the plan; cure arrears on a long-term debt provided for by the plan; or change the disbursing agent for maintenance payments on a long-term debt provided for by the plan Motions to shorten the time for holders of unlisted, pre-petition, non-priority, unsecured claims to file 11 U.S.C. § 523(a)(3) nondischargeability complaints (provided the requested reduction shall not apply if the creditor's claim is disallowed based on untimeliness) Motions to sell property pursuant to 11 U.S.C. § 363(b) (provided all liens will be paid in full or otherwise consensually satisfied at closing) Motions to surrender collateral in full or partial satisfaction of a secured creditor's claim (30-day objection period) Objections to claim based on expiration of an applicable statute of limitations (30-day objection period) Objections to claim on the basis that the debt is not a debt of the debtor(s) (30-day objection period) 2
=== Chapter 13 Trustee's Motion to Distribute Insurance Proceeds and Reconsider Claim (with Proposed Order) (Last Updated 1-27-2020) ===
Western Division Negative Notice Form (Updated January 27, 2020) UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF ALABAMA WESTERN DIVISION In re: [NAME(S)], Case No. __-_____-JHH Debtor(s). Chapter 13 NOTICE OF OPPORTUNITY TO OBJECT AND REQUEST HEARING Pursuant to Western Division Administrative Order No. 20-01, the court will consider the relief requested in this motion (the "Motion") without further notice or hearing unless a party in interest files a response within 30 days from the date set forth on the attached certificate of service, plus an additional three days for service if any party was served by U.S. Mail. If you oppose the relief requested in the Motion, then, within the time allowed, you must file a response with the clerk of court electronically (or by hand delivery or mail to the clerk's office at 2005 University Boulevard, Room 2300, Tuscaloosa, Alabama 35401), and you must serve a copy of your response on all appropriate persons. If you file and serve a response within the time permitted, the court will schedule and notify you of a hearing. If you do not file a response within the time permitted, the court will consider that you do not oppose the relief requested in the Motion; the court may deem admitted the allegations set forth in the Motion; the court will proceed to consider the Motion without further notice or hearing; and the court may grant the relief requested. TRUSTEE'S MOTION TO DISTRIBUTE INSURANCE PROCEEDS AND RECONSIDER CLAIM COMES NOW C. David Cottingham, the standing chapter 13 trustee for the Western Division of the Northern District of Alabama (the "Trustee"), and, pursuant to 11 U.S.C. §§ 502(j), 506(a), 1302, and 1329(a), requests the entry of an order substantially in the form of the proposed order attached hereto (the "Proposed Order"). As grounds for the Motion, the Trustee states: 1. The Trustee has received insurance proceeds from [Insurance Company Name] (the "Insurance Company") in the amount of $[Amount] (the “Proceeds”) in payment for damage to or total loss of the collateral securing claim number [#] (the "Claim") of [Creditor Name] (the "Creditor"), a [Vehicle Description] (the "Vehicle"). 2. The Claim was previously allowed as a secured claim in the amount of $[Amount] (the “Secured Claim”) and an unsecured claim in the amount of $[Amount] (the "Unsecured Claim"). 3. From the Proceeds, the Trustee proposes to collect the percentage fee due the Trustee and to disburse the balance of the Proceeds, in the amount of $[Amount] (the "Disbursement"), to the Creditor. The Trustee further proposes to apply the Disbursement first to any accrued, unpaid interest owing on the Secured Claim through the date of the Trustee's next distribution after the Objection 1 Western Division Negative Notice Form (Updated January 27, 2020) Deadline,1 in the amount of $[Amount] and to apply the remainder of the Disbursement to the unpaid amount of the Secured Claim. 4. Following the Disbursement, the value of the Creditor's remaining interest(s) in the estate(s)' interest(s) in the collateral for the Claim (i.e., the Vehicle and the Proceeds) will be $0.00. Accordingly, the Trustee proposes to reduce the allowed amount of the Secured Claim to $[Amount] (the "Reduced Amount"), which is the amount of the Secured Claim that will have been paid after the Trustee makes the Disbursement, and to increase the allowed amount of the Unsecured Claim to $[Amount], which is the total allowed amount of the Claim less the Reduced Amount. 5. The Trustee proposes to pay the (increased) Unsecured Claim, pro rata, with other allowed nonpriority unsecured claims not separately classified by the debtor(s)' plan on the terms thereof and asks that the court confirm that the debt evidenced by the Claim shall be subject to discharge in this case (provided a discharge order is entered). 6. To facilitate the Disbursement, the Trustee requests that the court order the Creditor to release the title for the Vehicle to the Insurance Company at the address below: [Address] WHEREFORE, C. David Cottingham moves for entry of an order substantially in the form of the attached Proposed Order. This the [Date] day of [Month], [Year]. C. David Cottingham, Standing Trustee P. O. Drawer 020588 Tuscaloosa, AL 35402 Certificate of Service This is to certify that I have this day served a copy of the Motion upon the below listed parties (the Creditor, the debtor(s), the debtor(s)' attorney, and the Insurance Company) and all other parties identified on the attached matrix (collectively, the "Interested Parties") by mailing a copy of the same with adequate postage thereon (or by electronic means when available): [Addresses] This the [Date] day of [Month], [Year]. CDC/dib C. David Cottingham, Standing Trustee P. O. Drawer 020588 Tuscaloosa, AL 35402 1 The Trustee will suspend disbursements on the Secured Claim pending adjudication of the Motion. 2 Western Division Negative Notice Form (Updated January 27, 2020) [PROPOSED ORDER] UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF ALABAMA WESTERN DIVISION In re: «debtor» «joint» Debtor(s). Case No. «print_casenum» Chapter 13 ORDER GRANTING TRUSTEE'S MOTION TO DISTRIBUTE INSURANCE PROCEEDS AND RECONSIDER CLAIM This matter is before the court on the Trustee's Motion to Distribute Insurance Proceeds and Reconsider Claim (Doc. [#]) (the "Motion"). Capitalized terms used herein and not otherwise defined have the meanings ascribed to them in the Motion. Notice of the Motion and of the opportunity to object and request a hearing was provided to all Interested Parties. No Interested Party timely filed an Objection, and it appears to the court that the Motion should be granted. Accordingly, it is ORDERED: 1. 2. 3. The Motion is GRANTED. The Trustee is authorized to disburse the Proceeds in the manner described in the Motion. The allowed amount of the Secured Claim is reduced to $[Amount], and the allowed amount of the Unsecured Claim is increased to $[Amount]. 4. The Unsecured Claim shall be paid (in the amount allowed hereby), pro rata, with other nonpriority unsecured claims not separately classified by the debtor(s)' plan on the terms thereof, and the debt evidenced by the Claim shall be subject to discharge in this case. 5. The Creditor is directed to release the title for the Vehicle to the Insurance Company. Dated:_________________ UNITED STATES BANKRUPTCY JUDGE 1
=== Chapter 13 Trustee's Motion to Distribute Insurance Proceeds in Full Satisfaction of Secured Claim (with Proposed Order) (Last Updated 1-27-2020) ===
Western Division Negative Notice Form (Updated January 27, 2020) UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF ALABAMA WESTERN DIVISION In re: [NAME(S)], Case No. __-_____-JHH Debtor(s). Chapter 13 NOTICE OF OPPORTUNITY TO OBJECT AND REQUEST HEARING Pursuant to Western Division Administrative Order No. 20-01, the court will consider the relief requested in this motion (the "Motion") without further notice or hearing unless a party in interest files a response within 30 days from the date set forth on the attached certificate of service, plus an additional three days for service if any party was served by U.S. Mail. If you oppose the relief requested in the Motion, then, within the time allowed, you must file a response with the clerk of court electronically (or by hand delivery or mail to the clerk's office at 2005 University Boulevard, Room 2300, Tuscaloosa, Alabama 35401), and you must serve a copy of your response on all appropriate persons. If you file and serve a response within the time permitted, the court will schedule and notify you of a hearing. If you do not file a response within the time permitted, the court will consider that you do not oppose the relief requested in the Motion; the court may deem admitted the allegations set forth in the Motion; the court will proceed to consider the Motion without further notice or hearing; and the court may grant the relief requested. TRUSTEE'S MOTION TO DISTRIBUTE INSURANCE PROCEEDS IN FULL SATISFACTION OF SECURED CLAIM COMES NOW C. David Cottingham, the standing chapter 13 trustee for the Western Division of the Northern District of Alabama (the "Trustee"), and, pursuant to 11 U.S.C. §§ 1302 and 1329(a), requests the entry of an order substantially in the form of the proposed order attached hereto (the "Proposed Order"). As grounds for the Motion, the Trustee states: 1. The Trustee has received insurance proceeds from [Insurance Company Name] (the "Insurance Company") in the amount of $[Amount] (the “Proceeds”) in payment for damage to or total loss of the collateral securing claim number [#] (the "Claim") of [Creditor Name] (the "Creditor"), a [Vehicle Description] (the "Vehicle"). 2. The Claim was previously allowed as a secured claim in the amount of $[Amount] (the “Secured Claim”) and an unsecured claim in the amount of $[Amount] (the "Unsecured Claim"). 3. From the Proceeds, the Trustee proposes to (1) collect the percentage fee due the Trustee; (2) disburse $[Amount] to the Creditor (the "Disbursement"), which is the amount necessary to pay the Secured Claim, in full, on the terms of the debtor(s)' confirmed chapter 13 plan (including all accrued, unpaid interest on the Secured Claim through the date of the Trustee's next distribution after the 1 Western Division Negative Notice Form (Updated January 27, 2020) Objection Deadline);1 and (3) hold the balance of the Proceeds, in the amount of $[Amount] (the "Balance"), pending further order of the court.2 4. To facilitate the Disbursement, the Trustee requests that the court order the Creditor to release the title for the Vehicle to the Insurance Company at the address below: [Address] WHEREFORE, C. David Cottingham moves for entry of an order substantially in the form of the attached Proposed Order. This the [Date] day of [Month], [Year]. C. David Cottingham, Standing Trustee P. O. Drawer 020588 Tuscaloosa, AL 35402 Certificate of Service This is to certify that I have this day served a copy of the Motion upon the below listed parties (the Creditor, the debtor(s), the debtor(s)' attorney, and the Insurance Company) and all other parties identified on the attached matrix (collectively, the "Interested Parties") by mailing a copy of the same with adequate postage thereon (or by electronic means when available): [Addresses] This the [Date] day of [Month], [Year]. CDC/dib C. David Cottingham, Standing Trustee P. O. Drawer 020588 Tuscaloosa, AL 35402 1 The Trustee will suspend disbursements on the Secured Claim pending adjudication of the Motion. 2 Upon entry of an order substantially in the form of the Proposed Order, and unless there is a pending motion to disburse the Balance, the Trustee intends to file a motion to disburse the Balance to nonpriority unsecured creditors not separately classified by the debtor(s)' plan (the "General Unsecureds"), and, if appropriate, to modify the debtor(s)' chapter 13 plan to increase the amount to be paid to the General Unsecureds. 2 Western Division Negative Notice Form (Updated January 27, 2020) [PROPOSED ORDER] UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF ALABAMA WESTERN DIVISION In re: «debtor» «joint» Debtor(s). Case No. «print_casenum» Chapter 13 ORDER GRANTING TRUSTEE'S MOTION TO DISTRIBUTE INSURANCE PROCEEDS IN FULL SATISFACTION OF SECURED CLAIM This matter is before the court on the Trustee's Motion to Distribute Insurance Proceeds in Full Satisfaction of Secured Claim (Doc. [#]) (the "Motion"). Capitalized terms used herein and not otherwise defined have the meanings ascribed to them in the Motion. Notice of the Motion and of the opportunity to object and request a hearing was provided to all Interested Parties. No Interested Party timely filed an Objection, and it appears to the court that the Motion should be granted. Accordingly, it is ORDERED: 1. 2. 3. 4. 5. The Motion is GRANTED. The Trustee is authorized to disburse the Proceeds in the manner described in the Motion. The Trustee shall hold the Balance pending further order of the court. This order does not affect the allowed amount of the Unsecured Claim. The Creditor is directed to release the title for the Vehicle to the Insurance Company. Dated:_____________________ UNITED STATES BANKRUPTCY JUDGE 1