Local Rule 3015–1: CHAPTER 13 — PLAN

3015–1 CHAPTER 13 — PLAN

(a) Mandatory Form Chapter 13 Plan.

(1) Mandatory Form Plan Available on Court's Website. Except as provided below, iIn all cases filed under chapter 13, the plan filed by the debtor shall conform to the mandatory chapter 13 plan adopted in this District (the "Mandatory Form Plan"). adopted in the locality in which the plan is to be filed. Each locality (Cincinnati, Columbus and Dayton) has adopted its own The Mandatory Form Plan, which is available on the court's website at www.ohsb.uscourts.gov, may be amended from time to time. The Mandatory Form Plan for each locality may be amended from time to time.

(2) Variations from the Mandatory Form Plan. Any debtor who wishes to use a plan that varies from the Mandatory Form Plan must file a motion requesting leave to do so. Absent exceptional circumstances related to the particular chapter 13 case, leave will not be granted.

(3) Special Plan Provisions. Special provisions, if any, may be added only in the area of the Mandatory Form Plan specifically designated for special provisions. Special provisions are restricted to those items applicable to the particular circumstances of the debtor. Special provisions shall not contain a restatement of provisions of the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, the Local Bankruptcy Rules, or the Mandatory Form Plan. Noncompliance with LBR 3015-1(a) may result in the reduction or disallowance of attorney fees and/or the suspension of the provisions of LBR 2016-1(b)(2)(A) or other appropriate sanctions.

(b) Service of Plan. The debtor shall serve the chapter 13 plan on the trustee and all creditors and parties in interest. The debtor shall file a certificate of service evidencing compliance. The certificate of service shall specify the method of service as to each entity served.

(1) Plan Not Filed with Petition. If the chapter 13 plan is not filed with the petition or within seven (7) days thereafter, the debtor shall serve a copy of the plan on the trustee and all creditors and parties in interest, and shall file a certificate of service evidencing compliance.

(2) Service of Plan in Converted Case. If a case is converted from a chapter 7 case, the clerk shall serve a copy of the plan on all creditors and parties in interest. If the chapter 13 plan is not filed within seven (7) days of the order of conversion, the debtor shall serve a copy of the plan on all creditors and parties in interest, and shall file a certificate of service evidencing compliance.

(c) Contents of Plan.

(1) Minimal Requirements. The plan shall be signed by the debtor and shall clearly set forth the specified payment to be made to the trustee, the estimated length of the plan, and provisions showing compliance with § 1322(a) of the Code.

(2) Payment to General Unsecured Creditors. The plan must set forth the percentage payments to be made to general unsecured creditors or the total amount to be paid to the trustee under the plan. If the plan calls for a specific amount to be paid, an estimated percentage shall be set forth which assumes all claims will be filed as scheduled or estimated by the debtor.

(dc) Treatment of Personal Property Loans, Leases and Executory Contracts.

(1) Proposed Treatment. The plan shall state clearly the treatment and payment proposed for each loan, lease or executory contract.

(21) Motor Vehicles. Unless otherwise ordered by the court, all vehicle payments, whether lease or loan, shall be made by the trustee. The plan shall specify the month in which the trustee's regular monthly disbursement on the lease or loan shall begin.

(32) Other Personal Property. Unless otherwise ordered by the court, all other lease or loan payments shall be made by the debtor.

(ed) Treatment of Real Estate Mortgages. and (1) Method of Payment. Unless otherwise ordered by the court, regular monthly payments on a real estate mortgage pursuant to § 1322(b)(5) of the Code shall be disbursed by the trustee if the obligation is in arrears, excluding any projected escrow shortage arrears consisting solely of a projected escrow shortage, as of the petition filing date.

(2) Regular Monthly Payments to Mortgage Creditor. If regular monthly payments to a mortgage creditor are to be disbursed by the trustee, the plan shall specify the month in which the trustee's regular monthly disbursement to the mortgage creditor shall begin.

(fe) Payment Method. Unless otherwise ordered by the court or agreed to by the trustee, funding of a chapter 13 plan shall be by payroll deduction. Payroll deduction shall be effected by order of the court. The order may be tendered by the debtor with the filing of the plan. No motion for payroll deduction is necessary.

(gf) Exclusive Payment Through Plan. Unless otherwise ordered by the court, a debtor shall not pay directly a debt which the plan provides shall be paid by the trustee.