Signatures of Debtor and Debtor’s Attorney

I declare under penalty of perjury that the information provided in this Chapter 13 plan is true and correct as to all matters set forth herein. Signature of Debtor 1 Signature of Debtor 2 Executed on Executed on MM / DD / YYYY MM / DD / YYYY I hereby certify that I have reviewed this document with the Debtor and that the Debtor has received a copy of this document. Signature of Attorney for Debtor MM / DD / YYYY Date Although this is the local plan for the Western District of North Carolina that includes nonstandard provisions as noted in the plan, the Debtor and the Debtor’s attorney certify by filing this document that the wording and order of the provisions in this Chapter 13 plan are substantially similar to those contained in Official Form B 113.

CERTIFICATE OF SERVICE

This is to certify that I have this day served each party or counsel of record indicated on the list attached hereto in the foregoing matter with a copy of this Chapter 13 plan by depositing in the United States mail a copy of same in a properly addressed envelope with first class postage thereon. Attorneys were served electronically. This the day of , 20 . ________________________________ Attorney Name and Address N.C. State Bar No. Local Form 4A September 2021 IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA [correct division name] DIVISION IN RE: Case No. Chapter 13 TIN: XXX-XX- Debtor(s) AMENDMENT TO CHAPTER 13 PLAN AND NOTICE OF OPPORTUNITY FOR HEARING ON CONFIRMATION OF THE PLAN FOR CASES FILED ON OR AFTER SEPTEMBER 1, 2021 Check as applicable to this plan amendment: 1.1 1.2 1.3 1.4 1.5 A limit on the amount of a secured claim that may result in a partial payment or no payment at all to the secured creditor (Part 3.2) Avoidance of a judicial nonpurchase-money security interest (Part 3.4) lien or nonpossessory, Request for termination of the 11 U.S.C. § 362 stay as to surrendered collateral (Part 3.5) Request for assumption of executory contracts and/or unexpired leases (Part 6) ☐ Added ☐ Removed ☐ No change ☐ Added ☐ Removed ☐ No change ☐ Added ☐ Removed ☐ No change ☐ Added ☐ Removed ☐ No change Nonstandard provisions ☐ Added ☐ Removed ☐ No change The Chapter 13 plan, including certain motions and other provisions, is hereby amended as follows: For each part of the Debtor’s plan that is to be amended, the entire text of the part as amended must be included below. TAKE NOTICE: Your rights may be affected.

You should read this amendment to the Chapter 13 plan carefully and discuss them with your attorney, if you have one, in this bankruptcy case. If you do not have an attorney, you may wish to consult one. If you do not want the court to confirm the Debtor’s proposed plan as amended, or if you want the court to consider your views on these matters, then you and/or your attorney must file a written objection to confirmation and request for hearing on confirmation at one of the following addresses: Cases filed in the Charlotte or Shelby Divisions: Physical & Mailing Address: Clerk, U.S. Bankruptcy Court, 401 West Trade Street, Suite 2500, Charlotte, N.C. 28202 Cases filed in the Statesville Division: Physical Address: Clerk, U.S. Bankruptcy Court, 200 West Broad Street, Room 301, Statesville, N.C. 28677 Mailing Address: Clerk, U.S. Bankruptcy Court, 401 West Trade Street, Suite 2500, Charlotte, N.C. 28202 Cases filed in the Asheville or Bryson City Divisions: Physical & Mailing Address: Clerk, U.S. Bankruptcy Court, 100 Otis Street, Room 112, Asheville, N.C. 28801-2611 Your objection to confirmation and request for hearing must include the specific reasons for your objection and must be filed with the court no later than 14 days following the conclusion of the § 341 meeting of creditors, or within 21 days of service of the amendment, whichever is later. If you mail your objection to confirmation to the court for filing, you must mail it early enough so that the court will receive it on or before the deadline stated above.

You must also serve a copy of your objection to confirmation on the Debtor at the address listed in the notice of the meeting of creditors. The Debtor’s attorney and the Chapter 13 trustee will be served electronically. If any objections to confirmation are filed with the court, the objecting party will provide written notice of the date, time, and location of the hearing. No hearing will be held unless an objection to confirmation is filed.

If you or your attorney do not take these steps, the court may decide that you do not oppose the proposed plan of the Debtor as amended and may enter an order confirming the amended plan and granting the motions. Any creditor’s failure to object to confirmation of the proposed plan as amended shall constitute the creditor’s acceptance of the treatment of its claim as proposed pursuant to 11 U.S.C. § 1325(a)(5)(A). I declare under penalty of perjury that the information provided in this Amendment to Chapter 13 Plan is true and correct as to all matters set forth herein. Dated________________________ ___________________________________ Debtor’s Signature Dated________________________ ___________________________________ Debtor’s Signature I hereby certify that I have reviewed this document with the Debtor and that the Debtor has received a copy of this document.

Dated________________________ ___________________________________ Attorney for the Debtor [Attach Certificate of Service if Served on Creditor(s)] Local Form 5 September 2021 In re: UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF NORTH CAROLINA [insert correct division name] DIVISION Case No.: Chapter: Debtor(s) MOTION FOR DISBURSEMENT OF UNCLAIMED FUNDS (Claimant(s) Name) hereby moves the Court for an order directing the United States Bankruptcy Court to disburse the sum of $ (Enter amount of claim) from the Court’s registry fund, payable to , representing (Claimant(s) Name) unclaimed funds previously deposited with the Court. Date _______________ Supporting documentation attached ____yes ____no I understand that pursuant to 18 U.S.C. §§ 152 and 3571, I may be fined up to $500,000, imprisoned for up to 5 years, or both if I have knowingly and fraudulently made any false statements in this document or provided false and fraudulent documentation as part of this application. _____________________________________ Signature of Claimant _____________________________________ Typed or printed name of Claimant _____________________________________ Address of Claimant _____________________________________ Telephone Number of Claimant _____________________________________ Email Address of Claimant IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA [insert correct division name] DIVISION In re: Case No.: Chapter: Debtor(s). NOTICE OF HEARING AND CERTIFICATE OF SERVICE NOTICE IS HEREBY GIVEN that the court will conduct a hearing on ______________________ at ___________ (a.m./p.m.) in Courtroom number ________ located at ___________________________ to consider the Motion for Disbursement of Unclaimed Funds filed by _____________________________. (Claimant(s) Name) NOTICE IS FURTHER GIVEN to the Court that on ____________________, the parties listed on the attached matrix, including the United States Attorney, the Bankruptcy Administrator, the trustee, the Debtor(s), and the Debtor’s attorney (if any), were served a copy of the Motion for Disbursement of Unclaimed Funds and this Notice of Hearing by U.S. Mail at the addresses listed on the following page.

Signature of Claimant(s) Typed or printed name of Claimant(s) Date _______________________ [United States Attorney] [Bankruptcy Administrator] [Trustee] [Debtor(s)] [Debtor’s Attorney (if any)] [Any other parties served] Local Form 7 September 2021 UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA [insert correct division name] DIVISION IN THE MATTER OF: Debtor(s) Case Number___________________ CHAPTER 13 DEBTOR’S CERTIFICATION AND AFFIDAVIT—§ 341 MEETING The undersigned, being the Debtor(s) referenced above, do hereby certify under oath administered by the Chapter 13 trustee at the § 341 meeting of creditors the following (check the appropriate options and fill in all required information as applicable to this case) In a joint Chapter 13 case, Debtor # 1 and Debtor # 2 are separately identified below in the same order as set forth in Official Form 101 (Voluntary Petition for Individuals Filing for Bankruptcy): DOMESTIC SUPPORT OBLIGATION CERTIFICATION Debtor # 1 Debtor # 2 ( ) I am not presently required by any voluntary agreement, judicial or 1. administrative order, or statute to pay any domestic support obligation (as defined in 11 U.S.C. § 101(14A ; or, ( ) ( ) 2. I am required to pay under a voluntary agreement or domestic support order, and the full information as required by law as to the identity of the holder of this claim is already included in my petition, including the name and full mailing address of the holder, and ages and custodian of any children relating to the support order, and, ( ) ( ) As of the date of this affidavit, I am current under any obligation created a. therein, and I agree to notify the Chapter 13 trustee should I miss any payments due or otherwise become delinquent under any support obligation from this day until my confirmation order is entered. ( ) b. ( ) ( ) ( ) I am presently in arrears as of the date of this Affidavit as follows: ( ) I have only those arrears as listed in my petition, and I am current post- petition through today; or, ( ) ( ) In addition to any arrears listed in my petition, I have incurred the following post-petition arrearage: ________________________________________________________________ TAX RETURN CERTIFICATION Debtor # 1 Debtor # 2 1. year period ending on the date of the filing of my Chapter 13 petition for the following reason(s): I was not required to file any Federal, State, or local tax returns for the 4- ( ) ( ) ___________________________________________________________________________________. ( ) 2.

I was not required to file Federal, State, or local tax returns for the following years during the 4-year period ending on the date of the filing of my Chapter 13 petition for the following reason(s). I have filed the required returns for all other years during the 4-year period: ( ) ____________________________________________________________________________________ ____________________________________________________________________________________ ( ) 3. I was required to file Federal, State, and local tax returns for the 4-year period ending on the date of the filing of my Chapter 13 petition, and I have filed all of the returns that I was required to file during that 4-year period. ( ) ( ) 4.

I was required to file Federal, State, and local tax returns for the 4-year period ending on the date of the filing of my Chapter 13 petition, but I have not filed the following required return(s): ( ) ____________________________________________________________________________________ CERTIFICATION OF WAGES Debtor # 1 Debtor # 2 ( ) ( ) My Chapter 13 petition as filed and with any subsequent amendments 1. contains valid and accurate information as regards the payment of wages, salaries and commissions to me by my employer for the 60-day period ending on the date of the filing of my petition, and my petition contains valid and accurate information as to my average income for the six-month period ending on the last day of the calendar month immediately preceding the filing of my petition; or, 2. ( ) ( ) The information as contained in my petition has changed as follows: ____________________________________________________________________________________ ____________________________________________________________________________________ By signing this affidavit, I acknowledge that all of the statements contained herein are true and accurate, and the Chapter 13 trustee and the court may rely on these statements for purposes of determining if confirmation of my proposed plan is allowed under the provisions of the Bankruptcy Code. Any inaccuracy in this affidavit may be grounds for revocation or denial of my confirmation. Dated this the _____ day of ___________________, 20______. ____________________________________ Debtor # 1 ____________________________________ Debtor # 2 Local Form 8 September 2021 IN RE: UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF NORTH CAROLINA [insert correct division name] DIVISION Chapter 13 Case No. Debtor(s) CHAPTER 13 DEBTOR’S MOTION FOR ENTRY OF DISCHARGE AND CERTIFICATIONS REGARDING PLAN COMPLETION, DOMESTIC SUPPORT OBLIGATIONS, AND SECTION 522(q) Pursuant to 11 U.S.C. § 1328(a) the Debtor makes the following certifications regarding the completion of the plan: 1.

2. 3. I have satisfied all plan requirements. I owed no Domestic Support Obligation when I filed my Chapter 13 petition, and I have not been required to pay any such obligation since then.

I am or have been required to pay a Domestic Support Obligation. I have paid all such amounts that my Chapter 13 plan required me to pay. I have also paid all such amounts that became due between the filing of my Chapter 13 petition and today. 3a.

If you checked paragraph 3 above, you must provide the information below: My current address is: My current employer and my employer’s address: Debts not discharged under 11 U.S.C. § 523(a)(2) or (4): Debts reaffirmed under 11 U.S.C. § 524(c): 4. 5. _______ I have not claimed an exemption pursuant to § 522(b)(3) and state or local law in property that I or a dependent of mine uses as a residence, claims as a homestead, or acquired as a burial plot, as specified in § 522(p)(1), that exceeds $170,350* in value in the aggregate. _______ I have claimed an exemption in property pursuant to § 522(b)(3) and state or local law that I or a dependent of mine uses as a residence, claims as a homestead, or acquired as a burial plot, as specified in § 522(p)(1), that exceeds $170,350* in value in the aggregate. 6. I am entitled to receive a discharge under 11 U.S.C. § 1328.

I declare under penalty of perjury that the information provided in this certification and motion is true and correct and move the Court to enter a discharge in this case. Dated: Debtor *Amounts are subject to adjustment on 4/1/22 and every 3 years thereafter with respect to cases commenced on or after the date of adjustment. UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF NORTH CAROLINA [insert correct division name] DIVISION IN RE: Debtor(s Chapter 13 Case No. NOTICE OF OPPORTUNITY FOR HEARING ON CHAPTER 13 DEBTOR’S MOTION FOR ENTRY OF DISCHARGE AND CERTIFICATIONS REGARDING PLAN COMPLETION, DOMESTIC SUPPORT OBLIGATIONS, AND SECTION 522(q) To: [all creditors on the court’s mailing matrix]: PLEASE TAKE NOTICE that the Debtor has filed a Motion for Entry of Discharge and Certification Regarding Plan Completion, Domestic Support Obligations, and Section 522(q). A copy of said pleading is attached hereto.

Any objection must be filed in writing with the Bankruptcy Court and a copy served on the Debtor and the attorney for the Debtor within 14 days of the date of this notice. If no objections are filed and served in a timely manner, the court will enter a discharge. A hearing on any objections filed and served in a timely manner will be held on the day of , 20 at in Date: Attorney Name or Attorney Address Attorney Tel. No. Attorney Bar No. Pro Se Debtor Debtor address (if Debtor has no attorney) CERTIFICATE OF SERVICE This is to certify that I have this day served a copy of this pleading on the attorneys, creditors, and interested parties of record included on the most recent version of the Clerk of Court’s mailing matrix, a copy of which is attached hereto.

Non-ECF users were served by depositing a copy of same in a properly addressed envelope with first class postage thereon. ECF users were served electronically. Date: Attorney for Debtor/Pro Se Debtor Local Form 8HD September 2021 UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF NORTH CAROLINA [insert correct division name] DIVISION IN RE: Debtor(s Chapter 13 Case No. CHAPTER 13 DEBTOR’S CERTIFICATIONS IN SUPPORT OF MOTION FOR HARDSHIP DISCHARGE REGARDING DOMESTIC SUPPORT OBLIGATIONS AND SECTION 522(q) Pursuant to 11 U.S.C. § 1328(b) the Debtor makes the following certifications and attaches the same to the Motion for Hardship Discharge. 1.

2. I owed no Domestic Support Obligation when I filed my Chapter 13 petition, and I have not been required to pay any such obligation since then. I am or have been required to pay a Domestic Support Obligation. I have paid all such amounts that my Chapter 13 plan required me to pay.

I have also paid all such amounts that became due between the filing of my Chapter 13 petition and today. 2a. Because I checked paragraph 2 above, I am providing the information below: My current address is: My current employer and my employer’s address: Debts not discharged under 11 U.S.C. § 523(a)(2) or (4): Debts reaffirmed under 11 U.S.C. § 524(c): 3. 4. ______I have not claimed an exemption pursuant to § 522(b)(3) and state or local law in property that I or a dependent of mine uses as a residence, claims as a homestead, or acquired as a burial plot, as specified in § 522(p)(1), that exceeds $170,350* in value in the aggregate. _______I have claimed an exemption in property pursuant to § 522(b)(3) and state or local law that I or a dependent of mine uses as a residence, claims as a homestead, or acquired as a burial plot, as specified in § 522(p)(1), that exceeds $170,350* in value in the aggregate.

I declare under penalty of perjury that the information provided in this certification is true and correct. Dated: Debtor *Amounts are subject to adjustment on 4/1/22 and every 3 years thereafter with respect to cases commenced on or after the date of adjustment. LOCAL FORM 10 MOTION FOR RELIEF FROM STAY – POST-PETITION TRANSACTION HISTORY CREDITOR FORM (MAY BE PREPARED IN SPREADSHEET FORMAT) DEBTOR NAME: BANKRUPTCY CASE NO.: DATE CASE FILED MORTGAGEE LOAN # DATE: PREPARED BY: PMT. DUE DATE (Beg.

1st post-pet pmt due) ESCROW ESCROW P & I TAX INS. PMI L/C TOTAL AMOUNT DATE RECEIVED POSTED September 2021 LOCAL FORM 11 MOTION FOR RELIEF FROM STAY – POST-PETITION TRANSACTION HISTORY DEBTOR FORM (MAY BE PREPARED IN SPREADSHEET FORMAT) DEBTOR NAME: BANKRUPTCY CASE NO.: DATE CASE FILED MORTGAGEE LOAN # DATE: PREPARED BY: AMOUNT PAID MONEY ORDER/CHECK DATE MONEY ORDER/CHECK NUMBER September 2021 Local Form 12 September 2021 In re: UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF NORTH CAROLINA [insert correct division name] DIVISION Debtor(s Case No. Chapter NOTICE OF CASE-SPECIFIC NAME AND/OR ADDRESS CHANGE [ ] Filed by the Debtor(s) [ ] Filed by a creditor [ ] Filed by another party in interest (________) files this notice of name and/or mailing address change to be used to provide notice and/or to deliver payments in this case. Pursuant to 11 U.S.C. § 342(e)(2), any notice in this case required to be provided to a creditor by the Debtor or the court will not be provided in care of the new name and/or mailing address designated below until after 7 days following the filing of this notice with the court. Current address to be changed (if applicable): Name: Address 1: Address 2: Address 3: Address 4: City, State, Zip: New name and/or mailing address below: [ ] for payment purposes only [ ] for notice purposes only [ ] for both payment and notice purposes Name: Address 1: Address 2: Address 3:  This form cannot be used to file a formal notice of transfer of claim pursuant to Federal Rule of Bankruptcy Procedure 3001(e).

Address 4: City, State, Zip: Under penalty of perjury, I, the undersigned, affirm that I am authorized to request this address change. Name and position: (Print or Type) Signature: Date: Local Form 13 September 2021 AUTHORIZATION TO RELEASE INFORMATION TO THE CHAPTER 13 TRUSTEE REGARDING MORTGAGE CLAIM BEING PAID BY THE TRUSTEE (to be filed with the court) ( ) Not Applicable Debtor Name(s) Case No. The Debtor(s) in the above-captioned bankruptcy case does/do hereby authorize any and all lien holders on real property of the bankruptcy estate to release information to the standing Chapter 13 trustee upon request. The information to be released includes, but is not limited to, the amount of the post-petition monthly installment payments, the annual interest rate and type of loan, the loan balance, the escrow account(s), the amount of the contractual late charge, and the mailing address for payments. This information will only be used by the Chapter 13 trustee and his/her staff in the administration of the bankruptcy estate and may be included in motions brought before the court.

Debtor’s Signature Joint Debtor’s Signature Date Date Local Form 16 September 2021 IN RE: UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF NORTH CAROLINA [insert correct division name] DIVISION Debtor(s). Case No: Chapter CORPORATE OWNERSHIP STATEMENT [Insert name of corporate debtor/party] Check one: DEBTOR PLAINTIFF DEFENDANT OTHER (specify): Instructions: Federal Rule of Bankruptcy Procedure 7007.1 requires corporate parties to an adversary proceeding, other than the debtor or a governmental unit, to file a statement of corporate ownership with the first pleading filed. Similarly, Federal Rule of Bankruptcy Procedure 1007(a)(1) requires corporate debtors to file a corporate ownership statement with their petitions containing the information described in Rule 7007.1. Check one of the statements set forth below and provide any information as directed.

1. The following corporations directly or indirectly own 10% or more of any class of the above-named corporate debtor’s/party’s equity interests: Name:________________________________________________________________________ Address:______________________________________________________________________ Name:________________________________________________________________________ Address:______________________________________________________________________ Name:________________________________________________________________________ Address:______________________________________________________________________ (For additional names, attach an addendum to this form.) 2. There are no entities that directly or indirectly own 10% or more of any class of the above- named corporate debtor’s/party’s equity interests. Date: Signature of Authorized Individual for Corporate Debtor/Party Printed Name of Authorized Individual for Corporate Debtor/Party Title of Authorized Individual for Corporate Debtor/Party Local Form 17 September 2021 IN RE: UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF NORTH CAROLINA [insert correct division name] DIVISION Debtor(s).

Case No: Chapter REPORT OF MEDIATOR 1. Convening of Mediation. The mediated settlement conference ordered in this case: was held on . was NOT held because ______________________________________________ _________________________________________________________________. 2.

Attendance. No objection was made on the grounds that any required attendee was absent. 3. Outcome.

The mediation resulted in: Complete settlement of the case Partial settlement of the case Recess (i.e., mediation to be resumed at later date) Impasse Other disposition. Specify: ___________________________________________ _________________________________________________________________. 4. Settlement Filings a. The document(s) to be filed to effect the settlement are:_______________________ ___________________________________________________________________. b. The person responsible for filing the document(s) is:__________________________ ___________________________________________________________________. c. The agreed deadline for filing the document(s) is:____________________________.

I have submitted this completed report within 14 days after conclusion of the conference. _______________________________________ Signature of Mediator ___________________ Date Local Form 18 September 2021 UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF NORTH CAROLINA [insert correct division name] DIVISION IN RE: _______________________________________) Debtor(s) Case No.: Chapter 13 SUPPLEMENT TO RESPONSE TO CHAPTER 13 TRUSTEE’S NOTICE OF FINAL CURE PAYMENT AND MOTION TO DEEM MORTGAGE LOAN CURRENT Now comes ________________ having filed the foregoing response to the Chapter 13 Trustee’s Notice of Final Cure Payment and Motion to Deem Mortgage Loan Current and by way of supplement to such response states that it: [ ] [ ] Agrees with the allegations in the Chapter 13 Trustee’s notice and motion and does not request that a hearing be held. Disagrees with some or all of the allegations in the Trustee’s notice and motion and requests that a hearing be held: [ ] [ ] [ ] Disagrees that the Debtor(s) has/have paid in full the amounts required to cure the default on the claim and alleges an existing arrearage amount of $__________________. Disagrees with the allegation in the Chapter 13 Trustee’s notice and motion regarding the last post-petition contractual payment and alleges that the last post-petition contractual payment received from the Chapter 13 Trustee should instead be applied to the _____________, 20__ installment payment. Disagrees with the Chapter 13 Trustee’s notice and motion for the following reason(s): _______________________________________________________________________ _______________________________________________________________________ ______________________________________________________________________.

Dated ______________________ Signed ________________ Local Form 19 September 2021 UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF NORTH CAROLINA [insert correct division name] DIVISION IN RE: _______________________________________) Debtor(s) Case No.: Chapter COVER SHEET FOR AMENDED SCHEDULES AND STATEMENTS Briefly describe the amendments to the Debtor’s schedules and statements below, including the names of the schedules and/or statements being amended and any creditors added or removed. Note: A filing fee may be required. Date: __________________ ____________________________ Attorney for Debtor(s) (or Debtor, if Pro Se) ______________________________ Pro Se Joint Debtor (if applicable) _____________________________ Print Name(s) ______________________________ Address APPENDIX C Loan Modification Management (LMM) Program Procedures and Forms Loan Modification Management Program Procedures United States Bankruptcy Court for the Western District of North Carolina 1. Purpose.

These procedures and forms implement the Loan Modification Management Program (“LMM” or “LMM Program”). The Loan Modification Management Program is designed to function as a forum for debtors and creditors to reach a consensual resolution when a debtor’s property is at risk of foreclosure. The goal of the Loan Modification Management Program is to facilitate communication and the exchange of information in a confidential setting under the supervision of the United States Bankruptcy Court for the Western District of North Carolina (the “Bankruptcy Court”). 2.

Definitions. The following definitions shall be applicable to the LMM and the procedures described herein: a. Adequate Protection Payments: An amount equal to 80% of the contractual principal and interest payment plus one-twelfth of the annual escrow amounts for property taxes and insurance (including mortgage insurance, if applicable) due on account of a claim of a Creditor for an Eligible Loan. b. Creditor: Any holder, servicer, or trustee of an Eligible Loan. c. Debtor: Any individual debtor in a case filed under Chapter 13 of the Bankruptcy Code, including joint debtors. Where a Debtor is represented by an attorney, the term “Debtor” may mean the Debtor’s attorney on behalf of the Debtor unless the context requires otherwise. d. Document Preparation Software: A secure online program maintained and operated by the Portal Manager that facilitates the preparation of the Initial LMM Package by populating the Standard LMM Documents and generating a customized checklist of required additional forms and supporting documents that a Debtor needs to initiate a loss mitigation review with a Creditor. The use of the Document Preparation Software ensures that the initial submission to the Creditor is complete and accurate and should expedite the Creditor’s review.

By requiring its use by the Debtor prior to the filing of the Motion for Loan Modification Management (LMM Form 1) (“Motion for LMM”), the Debtor will signify to the Bankruptcy Court and the Creditor that the Debtor is prepared to engage in the LMM in good faith and provide the necessary information to the Creditor. e. Document Preparation Software Fee: The non-refundable fee required by the Portal Manager for providing access to documents managed by the Portal Manager. The Document Preparation Software Fee shall be set by the Portal Manager and, as of March 8, 2021, is the amount of $60. f. Eligible Loan: Any loan, lien, or extension of money or credit secured by an Eligible Property, regardless of whether the loan is considered to be subprime or non-traditional, was in foreclosure prior to the bankruptcy filing, is the first or junior deed of trust or lien on the Eligible Property, and/or has been pooled, securitized, or assigned to a Creditor or trustee. g. Eligible Property: The Debtor’s principal residence as defined by 11 U.S.C. § 101(13A). h. Facilitator: An independent, nonpartisan attorney, licensed to practice law in North Carolina and admitted to the Western District of North Carolina, who has demonstrable skill and experience in consumer bankruptcy loss mitigation to assist the Bankruptcy Court with facilitating compliance by the parties with the LMM. i. Without limiting the generality of the foregoing, a Facilitator should: 1. Have experience in the practice of consumer bankruptcy in the Western District of North Carolina, as an attorney representing consumer debtors or mortgage servicers or as a trustee; 2. Have knowledge of the forms and supporting documents required by Creditors to complete a loss mitigation analysis; 3.

Have understanding of the various loss mitigation programs offered by Creditors and the terms of their availability to Debtors; 4. Have the ability to accept electronic payment for the Facilitator Fee; 5. Have competence in computer technology and use of the Portal; and 6. Have sufficient staff dedicated to the LMM to ensure oversight of submission of documents to the Portal by the Required Parties and compliances with these procedures. ii.

The Office of the United States Bankruptcy Administrator for the Western District of North Carolina (the “BA”) shall maintain and publish a list of approved Facilitators, as well as an application to be approved to serve as a Facilitator. In conjunction with the Clerk of Court for the United States Bankruptcy Court for the Western District of North Carolina, the BA will supervise the assignment of an approved Facilitator to a Debtor who initiates the LMM. i. Facilitator Fee: The non-refundable fee payable to the Facilitator for the fulfillment of the services provided herein, which shall be payable upon the terms set forth herein. The Facilitator Fee as of April 1, 2019 is set at the amount of $500. j. Final Report: The report to be filed at the conclusion of the LMM per section 9(c). k. Initial LMM Package: The Standard LMM Documents and all of the forms and supporting documentation that the Creditor requires to initiate the assessment of a Debtor’s loss mitigation options. The Creditor shall be responsible for providing the Creditor’s Initial LMM Package to the Facilitator, as more particularly provided in section 8(b). l. LMM Period: The time during which the LMM is in effect prior to its expiration or termination by order of the Bankruptcy Court. m. Loss mitigation: The full range of solutions that may prevent either the loss of a Debtor’s Eligible Property to foreclosure, increased costs to the Creditor, or both, including but not limited to, loan modification, loan refinance, forbearance, short sale, or surrender of the Eligible Property in full satisfaction of obligations arising under an Eligible Loan. n. Portal: A secure online service maintained and operated by the Portal Manager that allows LMM documents and communications between the Required Parties to be submitted, retrieved, and tracked.

The Portal must be accessible to the Bankruptcy Court, the Bankruptcy Administrator, the Chapter 13 trustee, and the Facilitator. Submitting documents to the Portal provides transparency in the loan modification process by making information immediately available to all parties through a secure website. To ensure that all Required Parties may obtain access to the Portal in a timely manner, registration on the Portal by any Required Party (including, without limitation, registration by the Creditor as provided in section 8(b)(i must be capable of being completed in three business days. o. Portal Manager: An independent, nonpartisan organization that has demonstrable skill and experience in consumer bankruptcy loss mitigation to assist the Bankruptcy Court with managing the LMM. Without limiting the generality of the foregoing, the Portal Manager should: i. Have extensive knowledge of the forms and supporting documents required by Creditors to complete a loss mitigation analysis; ii.

Have extensive understanding of the various loss mitigation programs offered by Creditors and the terms of their availability to Debtors; iii. Own or be able to provide access to the Document Preparation Software; and iv. Own or be able to provide access to the Portal. p. Portal Submission Fee: The non-refundable fee charged by the Portal Manager for the submission of an Initial LMM Package. The Portal Submission Fee shall be set by the Portal Manager and, as of March 8, 2021, is the amount of $60. q. Required Parties: The Debtor, the Debtor’s attorney (if any), the Creditor, the Creditor’s North Carolina legal counsel (if any), the Chapter 13 trustee, the Facilitator, and any co-obligor, co-borrower, or third-party obligor. r. Standard LMM Documents: The industry standard forms that are generally required by Creditors to initiate a review of a Debtor’s loss mitigation options, which include, but are not limited to, the following: i. HAMP Request for Mortgage Assistance; ii.

Uniform Borrower Assistance Form (Form 710); iii. IRS Form 4506-T; iv. Hardship Letter; and v. Dodd-Frank Certification. 3.

Eligibility. Any debtor who currently has a case pending under Chapter 13 and proposes to pay the on-going contractual mortgage payment through disbursements by the Chapter 13 trustee is eligible to participate in the LMM Program with respect to any Eligible Property. Individuals who seek to modify a loan under the LMM must have paid their bankruptcy filing fee in full prior to filing a Motion for LMM. In addition, the Debtor must have funds available to pay the costs for the Document Preparation Software Fee, Portal Submission Fee, and one-half of the Facilitator Fee.

4. Ineligibility. The Bankruptcy Court may, after notice and a hearing, resolve any disputes regarding eligibility of the Debtor to apply for loss mitigation, the application process, or any other matters related to the LMM Program. 5.

Additional Parties. a. Co-debtors, Creditors, and Third Parties. Where the participation of a co-debtor, additional creditors, or another third party may be necessary or desirable, any party may request, or the Bankruptcy Court may direct, that such party participate in loss mitigation to the extent that the Bankruptcy Court has jurisdiction over the party. b. Bankruptcy Administrator. The Bankruptcy Administrator may participate in the LMM to the extent such participation would be consistent with the Bankruptcy Administrator’s duties under the Bankruptcy Code. 6.

Commencement of LMM. The Debtor, the Creditor, or the Bankruptcy Court may seek referral to the LMM Program beginning as of the filing date of the Chapter 13 case and continuing for a period of up to twelve months thereafter unless the Bankruptcy Court orders otherwise. Cases that are pending at the time of the implementation of the LMM program in this district may seek referral to the Program for a period of up to twelve months following the Program implementation date. a. By Debtor. i. Confirm Eligibility. Prior to filing a Motion for LMM (LMM Form 1), the Debtor shall perform reasonable due diligence to confirm that the Debtor may be eligible for loss mitigation and confirm all information necessary to make the certifications required on the Certification of LMM Eligibility and Readiness (LMM Form 2). ii.

Complete Document Preparation Software. Prior to filing a Motion for LMM, the Debtor shall complete the tasks required by the Document Preparation Software and pay the Document Preparation Software Fee to the Portal Manager. The Debtor’s Initial LMM Package shall be completed and ready for signature and submission before filing a Motion for LMM unless the Creditor is not registered in the Portal or is newly registered. iii. Contract for Representation in LMM.

Prior to filing a Motion for LMM, if represented by an attorney, the Debtor shall execute a Supplemental Agreement to Attorney-Client Agreement for Chapter 13 Bankruptcy Services and Limited Power of Attorney for Participation in Bankruptcy Court Loan Modification Management Program (LMM Form 3) (“Contract for Representation in LMM”) with such attorney detailing the costs, fees, duties, and limitations on representation. iv. Proposed Chapter 13 Plan. If the Debtor elects to seek referral to the LMM Program prior to confirmation of a Chapter 13 plan, the Debtor shall include the following nonstandard provision in the proposed Chapter 13 plan: “The Debtor has filed or will file, within the first twelve months following the filing of this case, a Motion for Loan Modification Management (LMM Form 1). Pursuant to the LMM Program, mortgage creditors have twenty-one days from service of such motion to object to participation.

During the pendency of the LMM Program, the mortgage creditor shall be entitled to adequate protection payments paid or held in reserve on account of its claim in the amount equal to 80% of the contractual principal and interest payment plus one-twelfth of the annual escrow amounts for property taxes and insurance (including mortgage insurance, if applicable).” v. Modification of Chapter 13 Plan. If the Debtor’s Chapter 13 plan has already been confirmed, the Debtor shall additionally plead sufficient details in the Motion for LMM (LMM Form 1) to satisfy the requirements for modification of such plan pursuant to 11 U.S.C. § 1329. vi. Pro Se Debtor Obligations. All pro se debtors shall have the same duties under the LMM Program as debtors who are represented by counsel.

Nothing in these rules shall be construed to require the Portal Manager, Facilitator, or any other party to provide advice or assistance to a debtor who participates in the LMM Program pro se. vii. Motion for LMM. Upon completion of the Debtor’s Initial LMM Package, the Debtor may request the commencement of the LMM by filing a Motion for LMM (LMM Form 1). The Motion for LMM shall be served pursuant to Federal Rules of Bankruptcy Procedure 7004 and 9014 on the Chapter 13 trustee, the Bankruptcy Administrator, the Creditor, and all other creditors whose claims are secured by liens against the Eligible Property.

A Certification of LMM Eligibility and Readiness (LMM Form 2), a fully executed Contract for Representation in LMM (LMM Form 3), and a proposed Order for Loan Modification Management (LMM Form 4) (the “LMM Order”) shall be attached to any Motion for LMM. b. By Creditor. Any creditor seeking to commence the LMM must file a Motion for LMM (LMM Form 1) including a proposed Order for Loan Modification Management (LMM Form 4) with the Bankruptcy Court and serve the motion and proposed order pursuant to Federal Rules of Bankruptcy Procedure 7004 and 9014 on the Debtor, the Debtor’s counsel (if any), the Chapter 13 trustee, and the Bankruptcy Administrator. c. By the Bankruptcy Court. The Bankruptcy Court may order the assignment of a loss mitigation matter to the LMM on its own motion. 7.

Opportunity to Object. The deadline for filing an objection to a Motion for LMM is twenty-one days from the service of the Motion for LMM. Objections shall identify the grounds for the objection, which may include unavailability of loss mitigation options, ineligibility of the Debtor, or the Creditor declining to participate in the LMM Program, with specificity. If no objection is filed, the Bankruptcy Court may enter an LMM Order without further notice or hearing.

8. LMM Participation and Duties. a. General. Upon entry of the LMM Order, the moving party shall serve a copy of the LMM Order on the Required Parties and file a certificate of service indicating the parties (including any parties in addition to the Required Parties) that were served with the LMM Order. Upon the entry of the LMM Order, the following shall apply: i. Good Faith Requirement.

The Required Parties shall act in good faith throughout the entirety of the LMM Period, including, but not limited to, promptly responding to all inquiries through the Portal and providing all requested documentation and information. A party failing to participate in good faith may be subject to sanctions and/or termination of the LMM after notice and a hearing. ii. Deadlines. The Required Parties shall comply with all deadlines set forth in the LMM Order.

Any deadlines may be extended by order of the Bankruptcy Court or by stipulation of the parties. the Bankruptcy Court, iii. Communication through Portal. During the LMM Period, unless otherwise permitted by all material communications between the Required Parties shall be conducted exclusively through the Portal. Any litigated matters required by or incidental to the LMM process, however, shall be considered as separate matters not subject to the Portal requirement.

For example, all motions, including motions to compel mediation or motions related to discovery, and notices must be filed with the Bankruptcy Court and not through the Portal. iv. Authorized Parties. A person with complete knowledge of the file so as to be reasonably capable of answering questions related to the LMM shall attend all LMM-related hearings and conferences before the Bankruptcy Court on behalf of each participating party. v. Automatic Stay. Any Creditor seeking relief from the automatic stay with respect to real property subject to the LMM Program prior to the conclusion of the LMM Period shall, in its motion, set forth the reasons why relief is appropriate prior to the conclusion of the LMM Period.

If a relief from stay motion pursuant to 11 U.S.C. § 362(d) is pending when an LMM Order is entered, or if such a motion is filed during the LMM Period, the Bankruptcy Court may condition the stay upon fulfillment of the Debtor’s obligations under the LMM Order. If the Debtor fails to comply with the Debtor’s LMM duties or the LMM Order, the Creditor may file a Motion to Terminate the LMM Program (LMM Form 10). vi. No Delay. The referral of a case to the LMM Program does not relieve the parties from complying with any other court orders or applicable provisions of the United States Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, or the Rules of Practice and Procedure of the United States Bankruptcy Court for the Western District of North Carolina (the “Local Rules”).

Notwithstanding a matter being referred to the LMM Program, the bankruptcy case shall not be stayed or delayed without further order of the Bankruptcy Court. vii. Confidential Communications. All communications and information exchanged during the LMM Program shall be privileged and confidential and shall be inadmissible in any subsequent proceeding as provided by Federal Rule of Evidence 408. b. Creditor’s Duties upon Commencement of LMM. i. Registration on Portal. If a Creditor has not already registered, the Creditor and the Creditor’s North Carolina counsel (if any) shall register on the Portal and provide the Creditor’s most current Initial LMM Package to the Portal Manager within ten days after entry of the LMM Order.

The Portal Manager will promptly upload and post the Creditor’s Initial LMM Package on the Portal. A newly-registered Creditor shall also provide any Initial LMM Package or its own loss mitigation documents and requirements directly to the Debtor and the Debtor’s Attorney. Registration on the Portal is a one-time event, and a Creditor and the Creditor’s North Carolina counsel (if any) will not have to re-register for each subsequent matter. The Creditor, however, is responsible for providing any updates or changes to the Creditor’s Initial LMM Package if and as necessary. ii.

Acknowledge Receipt of Initial LMM Package. Within seven days after the Debtor submits a completed Initial LMM Package to a Creditor on the Portal, the Creditor shall: (i) acknowledge receipt of the Debtor’s completed Initial LMM Package on the Portal; and (ii) designate its single point of contact and outside legal counsel (if any) on the Portal. The designated single point of contact and outside legal counsel (if any) shall have all requisite authority (within the investor’s guidelines) to settle any and all issues that may arise during the LMM Period. iii. Payment of LMM Facilitator Fee.

Within seven days after the Debtor submits the completed Initial LMM Package to the Creditor on the Portal, the Creditor shall pay one-half of the applicable Facilitator Fee directly to the Facilitator. iv. Process Debtor’s Application. Upon receipt of the Debtor’s Initial LMM Package, the Creditor shall promptly review the Initial LMM Package to determine the Debtor’s eligibility for any loss mitigation options which may be available to the Debtor. In the event that the Creditor requires additional (or corrected) documentation, the Creditor shall promptly notify the Debtor through the Portal of such requirements and promptly respond to the Debtor’s submissions thereof as well as any inquiries made by the Debtor. v. Servicer Transfer.

In the event that the Creditor transfers a loan subject to the LMM Program, the Creditor shall promptly provide a copy of the LMM Order to the new holder of the loan (the “Successor Creditor”), and the Successor Creditor shall promptly comply with the provisions of Federal Rule of Bankruptcy Procedure 3001(e). Without limiting the generality of the foregoing, the Successor Creditor shall accept all documentation and information previously accepted by the original Creditor. Further, the Creditor shall file an Ex Parte Motion to Substitute LMM Creditor (LMM Form 5) with notice to the parties, submit an Order Substituting LMM Creditor (LMM Form 6), and transfer the submission on the Portal to the Successor Creditor. vi. Payment Changes.

During the LMM Period, the Creditor shall comply with the requirements of Federal Rule of Bankruptcy Procedure 3002.1(b) regarding Notices of Payment Changes. Upon compliance by the Creditor, the Chapter 13 trustee shall adjust the Adequate Protection Payment as follows: 1. For payment changes due to adjustments needed in the escrow account, the Adequate Protection Payment shall remain at 80% of the contractual principal and interest payment plus any increase or decrease in the monthly escrow payment; 2. For payment changes due to adjustments for interest rate changes, the Adequate Protection Payment shall be recalculated to reflect 80% of the new principal and interest payment plus any escrow payment as applicable. c. Debtor’s Duties upon Commencement of LMM. i. Submit Initial LMM Package.

Within seven days after the entry of the LMM Order or the Creditor’s registration on the Portal, whichever occurs later, the Debtor shall upload the Initial LMM Package and a copy of the LMM Order to the Portal. ii. Payment of Portal Submission Fee and Facilitator Fee. Within seven days after the entry of the LMM Order or the Creditor’s registration on the Portal, whichever occurs later, the Debtor shall pay the Portal Submission Fee directly to the Portal Manager and one-half of the Facilitator Fee directly to the Facilitator. iii. Document Submissions.

The Debtor shall promptly provide any additional documents requested by and/or answer any questions from the Creditor, the Facilitator, or the Portal Manager. iv. LMM Reports. The Debtor will complete the Final Report as more particularly provided in section 9(c). d. Trustee’s Duties. i. Adequate Protection Payments. Upon the entry of the LMM Order, the Chapter 13 trustee shall begin disbursing Adequate Protection Payments to the Creditor if the Debtor’s Chapter 13 plan has been confirmed and the Creditor has filed a valid proof of claim.

If the Debtor’s Chapter 13 plan has not been confirmed or the Creditor has not filed a valid proof of claim when the Bankruptcy Court enters the LMM Order, the Chapter 13 trustee shall begin reserving Adequate Protection Payments for the Creditor. The amount of the Adequate Protection Payments shall be set out in the Motion for LMM (LMM Form 1) filed by the Debtor and in the LMM Order (LMM Form 4). ii. Trial Modification Payments. Beginning with the first month of the trial modification period and continuing thereafter, the Chapter 13 trustee shall begin making the trial payments, cease making Adequate Protection Payments to the Creditor, and continue to reserve cure payments on all existing prepetition and administrative arrearage claims pending further order of the court. iii.

Payments on Permanent Loan Modification. Upon approval of a permanent loan modification, the trustee shall disburse the ongoing payments to the Conduit Creditor pursuant to Local Rule 3003-1. e. Facilitator’s Duties. i. Monitoring of Communications. The Facilitator shall monitor all Portal communications between the Debtor and the Creditor to ensure that each party is performing its obligations and duties as required by the LMM Program, including, without limitation: 1. Confirming that the Debtor has provided the correct Initial LMM Package; 2.

Facilitating the communication and document exchanges between the Creditor and the Debtor to ensure that the loss mitigation review is proceeding in accordance with the terms and deadlines of the LMM Program; 3. Tracking and monitoring the deadlines for each party; and 4. Preparing for, scheduling, and conducting LMM Conferences as more particularly described in section 9(b). ii. Reporting Non-compliance.

The Facilitator shall promptly report any non- compliance with the terms of the LMM Program by any of the Required Parties to the Bankruptcy Court within seven days of the failure of a Required Party to comply with any duties set forth in this section. The Facilitator shall report the non-compliance by filing a Certificate of Non- compliance in Loan Modification Management Program (LMM Form 7) (“Certificate of Non-compliance”) with the Bankruptcy Court. The Certificate of Non-compliance shall provide details of the Required Party’s non-compliance along with any supporting evidence. 9.

LMM Process. a. Duration. i. Initial Duration. The LMM Period shall be 180 days from the date of the LMM Order unless otherwise specified in the LMM Order. ii. Extension. A request to extend the LMM Period shall be made by way of a Motion to Extend the LMM Period (LMM Form 8).

A proposed Order Granting Motion to Extend LMM Period (LMM Form 9) and a complete and current printout of the account history from the Portal shall be attached to the motion. A request to extend the LMM Period shall be served on all Required Parties on fourteen days’ notice of opportunity for hearing pursuant to the Local Rules. iii. Early Termination. A request to terminate the LMM Period prior to its expiration shall be made by way of a Motion to Terminate the LMM Program (LMM Form 10).

A proposed Order Terminating LMM Program (LMM Form 11) and a complete and current printout of the account history from the Portal shall be attached to the motion. A request to terminate the LMM Program shall be served on all Required Parties on fourteen days’ notice of opportunity for hearing. b. LMM Conferences. i. Scheduling. In the event that the Debtor and the Creditor are not able to reach mutually agreeable terms, then upon consultation with the parties and their attorneys (if any), the Facilitator shall fix a reasonable date and time for an LMM Conference and shall give the parties at least seven days’ advance written notice of the date and time of the LMM Conference. The Facilitator shall report the scheduling of the LMM Conference on the Portal.

The Facilitator may (in his or her sole discretion) schedule multiple LMM Conferences. ii. Appearances. Attendance at the LMM Conference by the Debtor and the Creditor is mandatory. All Required Parties may appear at the LMM Conference remotely unless otherwise agreed to by the parties or directed by the Facilitator.

1. Debtor Represented by Attorney. If the Debtor is represented by an attorney, then the Debtor, the Debtor’s attorney, and any co- obligor, co-borrower, or other third party obligated on the note or deed of trust may participate in the LMM Conference by telephone provided that they are physically present with the Debtor’s attorney and present identification to the Debtor’s attorney during all LMM Conferences. 2.

Translator. The Debtor shall provide a translator at the Debtor’s own expense in the event one is necessary, unless otherwise required by the Americans with Disabilities Act. 3. Creditor.

The Creditor shall appoint a designated representative to appear on behalf of the Creditor. 4. Settlement Authority. All parties attending the LMM Conference shall be ready, willing, and able to sign a binding settlement agreement and have the ability to scan, send, and receive documents by facsimile, email, or other electronic means. iii.

Failure to Appear. In the event that a Required Party fails to appear at a scheduled LMM Conference, the Facilitator may file a Certificate of Non- compliance (LMM Form 7) with the Bankruptcy Court. The Bankruptcy Court reserves the right to treat such non-compliance as a failure to act in good faith under the LMM, 11 U.S.C. § 1325(a)(3), (a)(5)(A) and/or (a)(7), 12 C.F.R. § 1024.41, North Carolina General Statute § 45-105, and the North Carolina Commissioner of Banks Rules 702 and 703. c. LMM Reports. Final Report.

Within seven days after the conclusion of the LMM Period, the Debtor, on notice to the Creditor, shall file and serve a Final Report with an attached printout of the current and complete account history from the Portal. The Final Report shall be completed in accordance with the instructions provided on the Portal. d. Debtor Payments. Any Debtor participating in the LMM Program shall be required to make any payments due to a Creditor through the Chapter 13 trustee, including, but not limited to, Adequate Protection Payments, trial modification payments, and final modification payments, unless otherwise ordered by the court. 10.

LMM Resolution. a. Trial Loan Modification Agreement. If the parties reach a trial loan modification agreement, the Debtor shall file a Motion to Approve Trial Loan Modification Agreement (LMM Form 12) and a proposed Order Approving Trial Loan Modification (LMM Form 13) within fourteen days after the parties reach such agreement. The Motion to Approve Trial Loan Modification Agreement shall be served upon all interested parties with fourteen days’ notice of opportunity for hearing pursuant to the Local Rules. Once entered by the Bankruptcy Court, the Debtor shall serve a copy of the Order Approving Trial Loan Modification on the Required Parties and shall file a certificate of service. b. Final Loan Modification Agreement.

If the parties agree to a final or long-term loan modification, the Debtor shall file a Motion to Authorize Final Loan Modification (LMM Form 14), which shall be served immediately on the Chapter 13 trustee and all creditors whose claims are secured by liens against the Eligible Property. The motion shall contain a detailed description of the proposed loan modification and shall include a Final Loan Modification Summary (LMM Form 15). A copy of the loan modification agreement shall accompany the motion. The proposed Order Granting Motion to Authorize Final Loan Modification (LMM Form 16) shall include the following provisions, where applicable: i. If the loan modification approved by the Bankruptcy Court impacts the provisions of the Debtor’s Chapter 13 plan, a motion to modify plan shall be filed within fourteen days of the entry of the Order Granting Motion to Authorize Final Loan Modification; ii.

If the loan modification approved by the Bankruptcy Court results in a material change in the Debtor’s expenses, the Debtor shall file an amendment to the impacted schedules reflecting income and expenses (Schedules I and J) within fourteen days of the entry of the Order Granting Motion to Authorize Final Loan Modification. c. Additional Provisions. i. No Dismissal. Dismissal of the bankruptcy case shall not be made a requirement of an agreement reached through the LMM. ii. Consent. Consent to the resolution of the LMM shall be acknowledged in writing by an authorized representative of the Creditor, the Debtor, and the Debtor’s attorney, if applicable. iii.

Bankruptcy Court Review and Approval. LMM participants shall file a motion seeking approval from the Bankruptcy Court to enter into any agreement reached during the LMM process, including, but not limited to, a stipulation, sale, plan of reorganization, amended plan of reorganization, or loan modification. If a Debtor is represented by counsel, a resolution may be approved by the Bankruptcy Court pursuant to a notice of opportunity for hearing pursuant to Local Rule 9013-1(e). If a Debtor is not represented by counsel, the Bankruptcy Court will conduct a hearing at which the Debtor shall appear in person prior to approving a resolution.

The Bankruptcy Court will not approve a proposed resolution unless it is in the best interests of the Debtor and the bankruptcy estate. 11. LMM Fees. a. Compensation for Debtor’s Counsel. i. Presumptive Non-base Fee. Debtor’s counsel may accept a presumptive non-base fee pursuant to Local Rule 2016-2(c)(1)(B) in a reasonable amount not to exceed $2,000 to be paid in cases resulting in a successful (as determined by the Bankruptcy Court) loan modification.

Debtor’s counsel must indicate a selection of the presumptive non-base fee in the Motion for LMM. These fees are in addition to fees and costs incurred in the representation of the Debtor in the bankruptcy case. These non-base fees shall be considered to be earned in the following amounts for the corresponding events: • $1,000.00 upon entry of the LMM Order (LMM Form 4); • $500.00 upon entry of the Order Approving Trial Loan Modification (LMM Form 13); and • $500.00 or the remainder of the total fee upon entry of the Order Granting Motion to Authorize Final Loan Modification (LMM Form 16). The presumptive non-base fee compensates the Debtor’s counsel for the following services: • Filing of the Motion for LMM (LMM Form 1) and preparation of the LMM Order (LMM Form 4); • Preparation of the Initial LMM Package; • Preparation of any additional forms that may be required throughout the LMM Period; • Submission of all required documentation through the Portal; • Filing of other required pleadings and preparation of proposed orders and settlement papers, inclu