Local Rule 3070-1: CHAPTER 13 — PAYMENTS

RULE 3070-1. CHAPTER 13 — PAYMENTS

(a) Preconfirmation Payments to Lessor or Creditor. If entitled to preconfirmation payments under 11 U.S.C. § 1326(a)(1)(B) or (C) on personal property leases or adequate protection payments on a claim secured by personal property, the creditor may file a motion under E.D. Tenn. LBR 9013-1(g) for entry of an order directing the Chapter 13 trustee to commence making a monthly payment to the creditor in an amount not to exceed $50 after the filing fee has been paid in full, provided the creditor has filed a proof of claim and the creditor's claim is to be paid by the Chapter 13 trustee under the terms of the proposed plan. If the creditor requests a monthly payment in excess of $50, the creditor must set the motion for hearing in accordance with E.D. Tenn. LBR 9013-1(f). The trustee may assess an administrative fee for effecting payments required by this rule equal to the percentage fee fixed for the trustee under 28 U.S.C. § 586(e)(1)(B).

(b) Dismissal of Case Prior to Confirmation. On dismissal of a Chapter 13 case in which a Chapter 13 plan has not been confirmed, the Chapter 13 trustee must return to the debtor the balance of any funds on hand remaining from plan payments made by the debtor to the trustee under 11 U.S.C. § 1326(a)(1)(A), after first deducting any unpaid filing fees, payments to creditors required under subdivision (a) of this rule, and other administrative expenses allowed under 11 U.S.C. § 503(b), including the fee for the debtor's attorney in E.D. Tenn. LBR 2016-1(d).