Local Rule Rule 3015-2: DISTRIBUTION UNDER CHAPTER 13 PLANS

Rule 3015-2 DISTRIBUTION UNDER CHAPTER 13 PLANS A. No Distribution Unless Claim Filed. Unless otherwise ordered, the trustee will not make any distribution, under a Confirmation Order, to any creditor or party in interest, unless a timely claim is filed and allowed pursuant to 11 U.S.C. §§ 501, 502, 503 and/or Fed. R. Bankr. P. 3001, 3002(c), 3004, and/or 3005. 1. Unsecured and priority claims: A late-filed general unsecured or priority claim will participate in the distribution under a Confirmation Order, subordinated to those claims timely filed and provided for in the plan, unless an objection is filed within fourteen (14) days after service of the late-filed claim. If an objection is filed, the chapter 13 trustee will reserve funds for the claim until an order is entered allowing or disallowing the claim. 2. Secured claims: A late-filed secured claim that is included in the plan will participate in distributions under a Confirmation Order from the next distribution made by the chapter 13 trustee (which is at least 21 days after the proof of claim is filed and served) until the plan base is met or the claim is paid the amount provided in the plan, whichever occurs first, unless an objection is filed within fourteen (14) days after service of the late-filed claim. The chapter 13 trustee will reserve funds for the claim until an order is entered allowing or disallowing the claim.

B. Payments to Secured Creditor or Lessor. On motion by the debtor, for cause shown, the Court may allow the debtor to make direct payments to any lessor and/or secured creditor.

C. Distribution Address. The distribution of any proceeds pursuant to a confirmed plan shall be mailed to the address of the creditor as designated pursuant to Fed. R. Bankr. P. 2002(g).

D. Conversion or Dismissal. In the event of a conversion or dismissal following the confirmation of a plan, the chapter 13 trustee shall distribute all funds received prior to the effective date of the conversion or dismissal and still held by the trustee, to the debtor.

E. Late Fees. The chapter 13 trustee shall not be liable for, nor pay, any late fees that may accrue during the term of the plan. The debtor shall assure that the chapter 13 plan provides for payments to the chapter 13 trustee in sufficient time to assure that payments to the mortgagee or vehicle lender are timely. If the plan becomes underfunded, the debtor or his counsel, if any, shall file an amended plan curing the default and proposing a new plan payment sufficient to avoid any late fees or underfunding.

F. Conciliation Conference. Upon the filing of a chapter 13 plan, the chapter 13 trustee shall conduct a conciliation conference with the debtor and his counsel, if any. The conference may be conducted at the § 341 meeting of creditors and may be continued by the chapter 13 trustee, if necessary. If continued, the chapter 13 trustee shall promptly file a statement advising of the date of the continued § 341 meeting of creditors and conciliation conference.

G. Wage Orders in Chapter 13 Cases. 1. Filing of Motion. When the chapter 13 trustee or debtor files a motion for a wage attachment order, the motion must substantially conform to LBF 11 and must include a proposed form of Order. 2. Single Debtor. When the chapter 13 case is filed by a single debtor, "Motion No. WO-1" shall be included in the caption of the Motion and proposed order for wage attachment. Any motion to amend shall also include "Motion No. WO-1" in the caption. 3. Joint Debtors. When a joint chapter 13 case is filed, the name of the debtor whose wages are to be attached (as well as "Motion No. WO-1") shall be included in the caption of the Motion and the proposed order for wage attachment. If more than one debtor is seeking an attachment of wages, the second wage motion shall include the name of the second debtor and "Motion No. WO-2" in the caption of the Motion and the proposed order for wage attachment. 4. Amendments. Any motion to amend a wage attachment shall identify the original motion docket number and include reference to "Motion No. WO-1 or WO-2" in the caption. 5. Single Debtor/Multiple Employers. If a debtor has more than one employer and wishes to attach more than one wage, separate wage motions must be filed. A motion that seeks a wage attachment against more than one employer in violation of this Rule may be dismissed by the Court without further notice. 6. Calculation of Dollar Amount of Attachment. If the payroll period is unknown, use the monthly basis for calculation. If the payroll period is known, calculate as follows: a. Weekly (52 pays/year): monthly amount to be paid to trustee multiplied by 12 then divided by 52 (and rounded up) b. Biweekly (26 pays/year): monthly amount to be paid to trustee multiplied by 12 then divided by 26 (and rounded up) c. Semi-monthly (24 pays/year): monthly amount to be paid to trustee divided by 2 (rounded up)