Local Rule 2083-1: Chapter 13 - General

Rule 2083-1 Chapter 13 - General

(A) Property Sales. Except for a de minimis sale, the debtor may not sell property of the debtor or collateral or apply sale or insurance proceeds to a debt treated in the plan without prior written notice to the chapter 13 trustee. The application of sale or insurance proceeds to any debt treated in the plan is subject to the standing trustee's percentage fee. Sales of property of the estate must be noticed under Fed. R. Bankr. P. 2002(a)(2).

(B) New Debt. A chapter 13 debtor may not incur new or additional debt without prior 14 -days' written notice to the chapter 13 trustee. In the event of an emergency, such notice may be provided by telephone or by written notice within 14 days of the incurring of debt along with an explanation for the subsequent notice.

(C) Pre-Confirmation Adequate Protection Payments. Unless otherwise ordered by the Court, all pre-confirmation adequate protection payments set forth in a debtor's proposed chapter 13 plan shall be paid to and disbursed in monthly payments by the chapter 13 trustee and shall include the trustee's fee. The adequate protection payment may be deducted from the debtor's chapter 13 plan payment to the extent necessary to satisfy the proposed adequate protection payment and trustee's fee. The trustee is authorized to deduct the adequate protection payments from the principal amount due the creditor under its allowed secured claim.

Pre-confirmation disbursements by the chapter 13 trustee for adequate protection payments are authorized without further order of the Court if the creditor has filed a secured proof of claim. The trustee is authorized to retain the trustee's statutory fee on the amount of the payments until confirmation, dismissal or conversion, at which time the fee may be disbursed.