Chapter 13 − Adequate Protection Payments Paid Through Trustee

In a chapter 13 case, adequate protection payments must be paid through the trustee, unless the plan provides as a nonstandard provision that such payments must be paid by the debtor directly to the creditor. [Effective January 9, 2006. Amended effective December 1, 2015; September 3, 2025.] 2025 Advisory Committee Notes The amendments to Local Rule 3021-1 are stylistic only; no substantive changes were intended. Under 11 U.S.C. § 1326(a)(1)(C), the debtor generally pays adequate protection payments to the creditor directly. However, 11 U.S.C. § 1326(a)(1) allows the court to order otherwise.

Through Local Rule 3021-1, the court is ordering otherwise and requiring that adequate protection payments generally go through the trustee. See also Local Rule 9029-1(a) (“These Local Rules constitute an order of the court . . . .”). Local Form 3015-1 requires the same. Part IV.

The Debtor: Duties and Benefits 29 Rule 4001-1. Motion for Relief from the Automatic Stay (a) PRINCIPAL RESIDENCE. A motion for relief from the automatic stay under 11 U.S.C. § 362(d) and Federal Rule Bankruptcy Procedure 4001(a) as to an individual debtor’s principal residence must include a verification with the following information: (1) Evidence of standing. Evidence that the moving party has standing to bring the motion, including, at a minimum: (A) a copy of the note; (B) a copy of the mortgage; (C) evidence of perfection of the mortgage; and (D) if the moving party is not the original mortgagee, evidence of an assignment or other similar document.

(2) Description of property. The legal description and address of the property. (3) Value. The current tax-assessed value of the property and the moving party’s estimate of current market value.

(4) Loan History. If the motion alleges a default in making payments to the moving party, a complete loan history beginning on the date of the default applicable to the motion, up to the date of the verification. The loan history must be provided on Local Form 4001- 1(a). (5) Equity.

If the amount of equity is at issue, the name of all other lienholders, the amounts due, as scheduled or as provided in any proofs of claim, and their priority with respect to the moving party. (6) Payments to Chapter 13 Trustee. If the motion alleges a default in making plan payments to the chapter 13 trustee, the month, amount, and status of such payments. (b) PROPOSED ORDER GENERALLY.

If a motion seeks relief from the automatic stay as to property, the proposed order must substantially conform to Local Form 4001-1(b)(1) (pre-discharge) or Local Form 4001-1(b)(2) (post-discharge). [Amended effective May 1, 2014; December 1, 2014; September 3, 2025.] 2025 Advisory Committee Notes 30 Local Rule 4001-1 was retitled to better conform to Fed. R. Bankr. P. 4001(a). Subsection (a) was removed as unnecessary as Local Rules 9013-1 and 9013-2 apply to motions generally. Former subsection (b) was renumbered to subsection (a) and restyled; no substantive changes were intended. Note, as before, amended subsection (b) applies to motions for relief from the automatic stay generally, not just those pertaining to a principal residence.

Local Form 4001-1 was renumbered to Local Form 4001-1(a) and restyled; no substantive changes were intended. Former subsection (c) was renumbered to subsection (b) and given a title. Local Forms 4001-2(a) and 4001-2(b) were renumbered to Local Forms 4001-1(b)(1) and 4001-1(b)(2), respectively, and restyled; no substantive changes were intended.