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Local Rule 3021-1. Payments by Chapter 13 Trustee.


 

 


Payments by the chapter 13 trustee will only be made as follows:

(a) Payments on claims that are for future mortgage payments shall be in the amount paid by the debtor with respect to the future mortgage payments. The debtor must make the payment in the amount required by the debtor’s note and security agreement.


(b) Payments on vehicle claims shall be made based on the valuation and interest rate contained in the confirmed plan.


(c) Payments on secured claims shall be reserved in the amount payable under the plan until a claim is filed. If a secured proof of claim is filed and no objection to the claim is filed within 21 days thereafter, the chapter 13 trustee shall make plan payments on the secured claim in the amount reflected on the proof of claim. If an objection is filed within 21 days of the date that the secured claim is filed, then no payment shall be made on the claim until the objection is resolved. If a timely objection to the claim is made in accordance with the Bankruptcy Rules, and is sustained in whole or in part, any overpayment shall be promptly refunded by the secured creditor receiving the overpayment. It shall be the debtor’s responsibility to collect any such refund that is not promptly made by the secured creditor.


(d) Payments of § 507(b) claims shall be made following confirmation, without the requirement of further court order.


(e) Payment of claims for attorneys' fees shall be made only on allowed claims for attorneys' fees. No reserve shall be established for payment of lodestar attorneys' fees that are not yet allowed except for applications for payment filed at least 21 days before the confirmation hearing. If an application for payment is filed at least 21 days before the confirmation hearing, (i) the fees shall be reserved in the amount set forth in the application until allowed or disallowed by the court; and (ii) the court at the confirmation hearing may establish such additional reserves as equity requires. Under fixed fee orders, attorneys' fees are allowed on entry of the order approving the fixed fee agreement.


(f) The priority of payments by the chapter 13 trustee will be the priority set forth in the confirmed plan.


(g) Each chapter 13 trustees will place information on the chapter 13 trustee’s website regarding all payments made under the plans. This information shall be updated not less than quarterly.


(h) Distributions in dismissed cases should be made by the chapter 13 trustee at the earliest practicable date following the disposition of all motions for administrative expenses that are timely filed or that are deemed allowed pursuant to BLR 4001-1. Timely filed motions for administrative expenses will be those filed within 21 days of the dismissal order.


(i) In addition to filing proofs of claim on the proof of claim registry, proofs of claim for priority claims and secured claims must be served on the debtor, the debtor’s counsel and the chapter 13 trustee. A certificate of service reflecting service must be filed with a copy of the proof of claim attached to the certificate of service.


 

 

 

 

 

 

 

 

 

 

 

 

 

FOOTNOTES (BLR  3021-1)

So in the original.  Probably intended to read "Each of the chapter 13 trustees".    •   

 

 


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Page Last Updated:  June 18, 2013