Local Rule 3015-1: Disposition of Funds in Dismissed Chapter 13 Cases

Local Rule 3015-1 Disposition of Funds in Dismissed Chapter 13 Cases

(a) Chapter 13 Trustee's Administrative Set-Up Fee. The Chapter 13 trustee shall be allowed an administrative claim of $200 pursuant to 11 U.S.C. § 503(b) in cases dismissed or converted prior to confirmation.

(b) Funds Received by the Chapter 13 Trustee Pre-confirmation and Prior to Dismissal. Unless otherwise ordered by the court, the funds shall be distributed in the following sequence:

(1) Adequate protection payments provided for in 11 U.S.C. § 1326(a)(2) and Local Rule 3012-1;

(2) The $200 Chapter 13 trustee set-up fee;

(3) Unpaid debtor attorney's fees and any other administrative claims allowed by § 503(b); and

(4) To the debtor in care of the debtor's attorney, if any.

(c) Funds Received by the Chapter 13 Trustee Post-confirmation and Prior to Dismissal. Unless otherwise ordered by the court, any funds held by the Chapter 13 trustee will be distributed pursuant to the confirmed plan.

(d) Funds Received by the Chapter 13 Trustee After Dismissal. Unless otherwise ordered by the court, any funds received by the Chapter 13 trustee after the date of the dismissal of a case will be returned to the party who sent the funds.