Local Rule Rule 3015-1: Chapter 12 or 13—Plan & Payments.
Bankr. D. Or. — General rule
Rule 3015-1. Chapter 12 or 13—Plan & Payments.
(a) Chapter 12.
(1) Plan. A plan must be filed on LBF 1200.05.
(2) Secured Creditor Rights When a Confirmed Plan Provides for Direct Payment of Secured Creditor's Claim. The creditor may continue automatic withdrawals of payments authorized before the petition was filed, and the creditor may deliver to the debtor coupon books, notices regarding payment changes, and account statements.
(3) Preconfirmation Adequate Protection Payments.
(A) The debtor may make adequate-protection payments required by a proposed or confirmed plan through the trustee or directly. If adequate-protection payments required by a proposed or confirmed plan are made through the trustee and not directly, the debtor must pay the trustee an amount sufficient to cover the payments and the trustee's percentage fee, which the trustee is authorized to deduct from funds received.
(B) The trustee must disburse each payment in the normal disbursement cycle as soon as the estate has funds available and the creditor has filed a proper proof of secured claim.
(C) The trustee must apply any disbursed payment to the allowed secured claim of the creditor.
(b) Chapter 13.
(1) Plan. In any case commenced on or after December 1, 2017, a single local plan form is adopted for this district, and, pursuant to FRBP 3015.1, the court opts out of the national chapter 13 plan form. A plan must be filed on the version of LBF 1300 prescribed by the court's website at https://www.orb.uscourts.gov/forms/all-local-forms. A plan must be signed and dated with the date signed by the debtor.
(2) Order Directing Support or Chapter 13 Payments (Wage Order).
(A) The debtor must, no later than seven days after the meeting of creditors, either (i) file a proposed wage order on the version of LBF 1351 that applies to the trustee administering the case or (ii) enroll to make electronic payments using the trustee's approved electronic payment vendor. The trustee may waive this requirement.
(B) The court will enter a wage order promptly after it is lodged. After confirmation of the plan, the trustee may issue directives to the debtor's employer increasing or decreasing the payment deducted under the plan, changing the employer to which the wage order applies, or terminating the deduction. The trustee must file, and serve on the debtor, any directive.
(3) Motion to Terminate Wage Order. A motion must be filed on LBF 1351.5.
(4) Secured Creditor Rights When a Confirmed Plan Provides for Direct Payment of Secured Creditor's Claim. The creditor may continue automatic withdrawals of payments authorized before the petition was filed, and the creditor may deliver to the debtor coupon books, notices regarding payment changes, and account statements.
(5) Payment of Personal Property Lease. The debtor must make payments subject to § 1326(a)(1)(B) directly to the lessor only if the debtor's plan so provides, or if no plan provision addresses payment of the debtor's lease obligation. If a proposed or confirmed plan provides for payment of the lease obligation by the trustee, the debtor must make the payment as part of the payment to the trustee, and the trustee must pay the lessor both before and after confirmation. The trustee must disburse the lease payment to the lessor in the normal disbursement cycle as soon as the estate has funds, and the lessor has filed a proper proof of claim.
(6) Preconfirmation Adequate Protection Payments.
(A) The debtor must make adequate protection payments required by a proposed or confirmed plan through the trustee. The debtor must pay the trustee an amount sufficient to cover the payments and the trustee's percentage fee, which the trustee is authorized to deduct from funds received.
(B) The trustee must disburse each payment in the normal disbursement cycle as soon as the estate has funds available and the creditor has filed a proper proof of secured claim.
(C) The trustee must apply any disbursed payment to the allowed secured claim of the creditor.
(7) Payment of Certain Claims Secured by Real Property. If a debtor and the trustee agree, the debtor may pay mortgage arrearages and other claims secured by real property upon a sale or refinance of the property directly to the creditor. The trustee may, upon demand, be paid the trustee's authorized fee based upon those payments either by the debtor or the escrow agent.
(8) Motions for Approval to Buy, Sell, Encumber Interests, Use, Lease, or Dispose of Interest in Property.
(A) Debtor Motions. Any motions by chapter 13 debtors for approval to buy, sell, or encumber interests in property (including by refinancing a lien or modifying a loan) must be filed on LBF 1301, and any motions by chapter 13 debtors for approval to use, lease, or dispose of an interest in property must be filed on LBF 1302. Proposed orders on these motions must be lodged on LBF 1301.5 and LBF 1302.5, respectively.
(B) Creditor Motions. Motions by creditors for approval of loan modifications must be filed on LBF 1301, and proposed orders thereon must be lodged on LBF 1301.5.
Cross-references: • Chapter 7 or 13—Motion to Reopen Case or Vacate Dismissal – LBR 5010-1. • Chapter 13—Confirmation – LBR 3015-3(c). • Notice of Plan Completion – LBR 2015-1(c).