Local Rule 3015-1: CHAPTER 13 - PLAN
Bankr. N.D. W.Va. — General rule
3015-1 CHAPTER 13 - PLAN
(a) Model Plan A Chapter 13 plan, including an amended plan, must conform to the Court's model plan. A previous version of the model plan will continue to be accepted by the Court for up to six months after the date of the most recent amendment.
(b) Adequate Protection Payments
(1) Only debtors who are current, or substantially current, as of the petition filing date or conversion date on an obligation to a secured creditor and/or a creditor specified in 11 U.S.C. § 1326(a)(1) and who do not propose to pay the secured creditor through the Chapter 13 trustee, may make pre-confirmation adequate protection payments directly to the secured creditor.
(2) If a secured creditor, and/or a creditor specified in 11 U.S.C. § 1326(a)(1)(B-C) is being paid through the trustee, then all payments to that creditor required by § 1326(a)(1) shall be made through the trustee, in the amount set forth in the proposed plan, unless, in the discretion of the trustee, the amount of the payment in the proposed plan is inconsistent with the creditor's proof of claim and with the debtor's proposed treatment of the creditor. The trustee is not obligated to make any pre-confirmation adequate protection payments to a secured creditor until that creditor files a proof of claim. The filing of an amended plan does not require the Chapter 13 trustee to recoup any payments made under the previously proposed plan.
(c) Payment of Secured Debts in Chapter 13
(1) Unless otherwise ordered by the Court, if a debtor files a Chapter 13 petition and seeks to cure an arrearage on a secured debt, payments on the arrearage and post-petition payments on the secured debt shall be made by the Chapter 13 trustee.
(2) Unless otherwise ordered by the Court, if a debtor and secured creditor agree to a cure of a direct pay obligation in resolving a motion for relief from the automatic stay, the debtor shall lose the right to be the disbursing agent on that claim and all future cure and underlying secured debt payments are to be made by the Chapter 13 trustee.