Local Rule 13
 
RULE 13. CHAPTER 13 PRACTICE

13.1

Secured and Priority Claims  (3001-1)

a.  All secured claims and priority claims of creditors must:
1.  be filed in the Clerk's Office within three (3) business days preceding the meeting of creditors; and
2.  must include a rebated balance as of the date of filing.

b.  The trustee must pay post-petition interest - to accrue daily at a market rate of interest - to the extent that the claim is secured. 

c.  The parties may by agreement modify the secured creditor's right to receive post-petition interest.

13.2

Dissemination of the Plan (3015-1)

a.  The attorney for the debtor must mail copies of the plan to all scheduled creditors.

b.  Copies of the plan must be mailed no later than fifteen (15) days after the case is filed.

c.  The attorney for the debtor must certify to the Court that the plan has been mailed according to this Rule within three (3) days of the mailing.

d.  Debtor’s counsel must include with or on the plan a statement that substantially conforms to the following: "The above-named debtor(s) has/have filed a Chapter 13 petition in the U.S. Bankruptcy Court for the Western District of Kentucky. If you have not received notice of the filing, you will receive notice within a few days."

13.3

Debtor's Motion to Strip Off a Junior Lien (3012-1)

A Chapter 13 debtor may file a motion which must be entitled "Motion to Strip Off a Junior Lien" and a proposed Order in a format that substantially complies with Local Form M. The motion, at a minimum, must specifically identify the name of the creditor, the subject real property, the legal description of the property, state clearly and unequivocally that the debtor intends to strip off the creditor’s lien and treat the creditor’s claim as unsecured, and state that the basis for the lien stripping is alleged lack of equity in the encumbered property. The motion should be filed with the proposed plan or no later than 10 days prior to the scheduled confirmation hearing in order for the motion to be heard in conjunction with the confirmation hearing. 

13.4 Debtor's Obligation to Make Escrow Payments; Payments to Standing Trustee   (3070-1)

a.  Every debtor represented by counsel must make proposed plan payments required by 11 U.S.C. §1326 to debtor’s attorney's escrow account from the date of filing the plan.

b.  Proposed plan payments must be paid to the standing Trustee at the Section 341 meeting.

c.  Failure to make such payments to the standing Trustee shall be grounds for appropriate sanctions -  including denial of confirmation.

13.5

Less than 100% Plans 
All debtors having plans confirmed that provide for less than full payment to holders of unsecured claims shall:

a. submit to the standing Trustee copies of federal and state income tax returns filed during the pendency of the case.

b. deliver  federal and state income tax refunds to the standing Trustee for distribution to creditors,  in addition to the percentage required by the plan, except that debtors do not pay over 100%; and

c. annually submit a current income and expense statement  - substantially the same as the statement accompanying the filing of a case - to the Court and to the standing Trustee who will determine whether all disposable income is being paid into the plan. 

 13.6

Debtor's Income Tax Return and Income and Expense Statement

a.  A Debtor must provide to the Trustee - no later than May 15 of each year a case is pending - 
1.  copies of federal and state income tax returns and
2.  income and expense statement.

b.  If an extension of time for filing income tax returns is filed in lieu of a tax return,
1.  a copy of the extension request shall be filed with the standing Trustee -  no later than May 15 of each year a case is pending -  and 
2.  a copy of the returns shall be filed with the standing Trustee at such time as the same are filed with the taxing authorities.

13.7

Sanctions
Failure to comply with this Rule shall be considered cause for Court sanctions, including dismissal of the case.

13.8

  Requirements for Discharge in Chapter 13 cases - (Added April 3, 2007)
         a.   Section 1328(a) Discharge -
     1. 
 Upon the Trustee filing the Notice of Plan Completion, the Trustee shall contemporaneously serve on the debtor
      and the attorney for the debtor (if any) the Notice to the Debtor of Plan Completion and of the Debtor’s Need to file
      Request for Discharge.
     2. The debtor shall complete and file with the Court within 30 days of the date of the Trustee’s Notice the Certification
     of Plan Completion and Request for Discharge, Local Rule Form Q.
See Local Form Q
     3. Failure to file the Certification could result in the case being closed without a discharge. Any reopening to enter a
     discharge will require a reopening fee to be paid.
     4. If no response to the Certificate and Notice is filed with the Court by creditors or parties in interest, the Court will
      issue a discharge.
         b. Section 1328(b) Discharge -
     1.
Upon the filing of a motion by the debtor for a hardship discharge, the debtor shall contemporaneously file the
     Certification of Debtor Information Regarding Request for Hardship Discharge, Local Rule Form R; See
     Local Form R

     2.
Failure to file the Certification with the motion may result in denial of relief sought
     

This page was last edited on 07/01/2008 at 10:54 AM .