Payments by Chapter 13 Debtor

U.S. Bankruptcy Court for the District of Alaska

Rule Set: Local Bankruptcy Rules of the U.S. Bankruptcy Court for the District of Alaska

Rule: 3015-4

Jurisdiction: DAKB

Bluebook Citation: Bankr. D. Alaska R. 3015-4

All Rules: Bankr. D. Alaska Local Bankruptcy Rules, complete index


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(a) Payments to Secured Creditors. Unless otherwise ordered by the court, all payments required to be made under § 1326(a)(1)(C) of the Code on debts paid through the plan must be made to the trustee concurrently with the payment required by § 1326(a)(1)(A) of the Code. (b) Reporting Requirements for Payments Made Directly to Creditors. (1) As a separate attachment to the plan, the debtor must provide a written schedule of all existing payment obligations as defined in § 1326(a)(1)(B) or (C) of the Code and all domestic support payments coming due after the date the petition was filed.

(2) On or before the third business day of each month, the debtor must provide the trustee with a certification of payments made directly by the debtor(s) during the preceding month: [A] in the form substantially similar to AK LBF 5B; and [B] having attached a copy of the receipt received from the creditor or, if no receipt was received, a photocopy of the check or other instrument used to make the payment. LOCAL BANKRUPTCY RULES DISTRICT OF ALASKA (12/2024) 26 Rule 3015-5 Payments by Chapter 13 Trustee (a) Payments by Trustee. (1) Unless otherwise ordered by the court, upon notice and hearing, for good cause shown, or as otherwise provided by rule, the trustee will commence payments under the plan not later than the last business day of the month following the later of the entry of the order confirming the plan or the last day for filing a proof of claim by a governmental unit. (2) Unless otherwise provided in the plan or the order confirming the plan, the trustee will make distributions under the confirmed plan not later than the last business day of each month.

(3) Prior to confirmation of the plan, the trustee will disburse any payment as defined in § 1326(a)(1)(B) or (C) of the Bankruptcy Code to the creditor entitled to such payment not later than the last business day of each month. (b) Effect of Payments. (1) Notwithstanding any other provision in the contract between the debtor and any creditor, payments by the debtor that are made timely to the trustee as provided in the plan or by otherwise applicable law or rule and timely distributed by the trustee are conclusively presumed to have been made timely for all purposes. (2) If the debtor timely pays the amount of the allowed claim for any arrearage as provided in Paragraph 2(d) of the plan, while making all required postpetition payments, the mortgage or secured loan agreement will be reinstated according to its original terms, extinguishing any right of the lender to recover any amount alleged to have arisen prior to the filing of the petition.

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