Local Rule L.R. 3015-6: Chapter 13 Suspension of Monthly Trustee Payments.
Bankr. E.D. Mo. — General rule
L.R. 3015-6 – Chapter 13 Suspension of Monthly Trustee Payments. A. Request for Suspension of Monthly Trustee Payments. The debtor may file a motion requesting a suspension of monthly payments to the Chapter 13 Trustee for a maximum of three consecutive months one time during the life of the case. The motion may be filed on twenty-one (21) days' negative notice pursuant to the procedures found in L.R. 9061(A). If the motion is granted and the debtor is subject to a wage order, it is the debtor's responsibility to cause the affected employer to stop deduction of monthly payments to the Chapter 13 Trustee for the months when monthly payments to the Chapter 13 Trustee are suspended and to make certain that monthly payments to the Chapter 13 Trustee recommence on time after the suspension.
B. Treatment of Funds Remitted to Trustee Despite Court-Ordered Suspension. The debtor is not entitled to the return of any funds that the Chapter 13 Trustee receives during the suspension period. The Chapter 13 Trustee will disburse or hold the funds received during the suspension period as otherwise required by the Bankruptcy Code, these Local Rules, Chapter 13 plan terms, or order of the Court.
C. Treatment of Suspended Plan Payments. An order granting a suspension of monthly payments to the Chapter 13 Trustee does not eliminate the payments. The suspended monthly payments to the Chapter 13 Trustee will be added on to the end of the plan. Entry of an order granting of a suspension of monthly payments to the Chapter 13 Trustee is without prejudice to the rights of any secured creditor to seek a lift of the stay or other appropriate relief.
D. Limitation on Suspension of Monthly Trustee Payments. Any approved suspension of monthly payments to the Chapter 13 Trustee applies only to regular monthly payments to the Chapter 13 Trustee under the plan and not to either (a) a debtor's obligation to pay a tax refund or other lump sum(s) required under a confirmed plan to the Chapter 13 Trustee or (b) a debtor's obligation with regard to any direct payment(s) to creditors including, without limitation, continuing mortgage payments on a debtor's residence, post-petition real property lease payment(s), co-debtor debt paid by any co-debtor(s), assigned domestic support obligations, and/or post-petition domestic support obligations.