Local Rule 4001-2: Pre-Confirmation Adequate Protection and Lease Payments in Chapter 13 Cases

LOCAL RULE 4001-2 Pre-Confirmation Adequate Protection and Lease Payments in Chapter 13 Cases A. Payments due under personal property leases governed by 11 U.S.C. §1326(a)(1)(b): All such payments shall be made directly by the debtor to the lessor and the debtor shall furnish proof of such payments to the chapter 13 trustee, unless the debtor's plan expressly provides that such preconfirmation payments will be made to the trustee, in which event the trustee shall pay the lessor, both before and after confirmation, or unless the Court, after motion, notice and opportunity for a hearing, orders otherwise.

B. Pre-confirmation adequate protection payments governed by 11 U.S.C. § 1326(a)(1)(c): If the debtor's proposed plan so provides, pre-confirmation adequate protection payments governed by 11 U.S.C. § 1326(a)(1)(c) shall be made by the debtor to the chapter 13 trustee as part of the total payment to the trustee, who shall disburse the amount provided for by the plan as pre-confirmation adequate protection payments to the secured creditor promptly prior to confirmation. Unless the plan provides otherwise in Part 8 or the Court orders otherwise, the amounts for adequate protection for holders of allowed secured claims secured by purchase money security interest in personal property (see 11 U.S.C. § 1326(a)(1)(c)) shall be the amounts to be disbursed under Parts 3.2 or 3.3 of the plan. In the event the proposed plan provides that such payments shall be made directly, such payments shall be made by the debtor directly to the creditor(s) entitled to receive them and the debtor shall provide proof and an accounting thereof to the trustee.

CODIFIES STANDING ORDER #9