Local Rule RULE 4080-1: CHAPTERS 12 AND 13 – EMERGENCY REFUND OR CREDIT

RULE 4080-1 CHAPTERS 12 AND 13 – EMERGENCY REFUND OR CREDIT

(a) Written Request to Trustee. The trustee is authorized to issue an emergency refund or allow an emergency credit in a chapter 12 or 13 case from property of the estate in an amount not to exceed one monthly payment or credit per case, per year, provided that:

(1) The request for such refund or credit is in writing;

(2) The request is signed by the debtor (both debtors in a joint case) or by the debtor's counsel;

(3) Exigent circumstances support such emergency refund or credit; and

(4) The issuance of the refund or allowance of the credit will not substantially affect distributions to creditors.

(b) Form of Emergency Refund or Credit. The trustee has discretion to issue an emergency refund check or allow the debtor to forego the next monthly payment.