Unless otherwise specifically ordered, any creditor holding a claim secured by property which is removed

U.S. Bankruptcy Court for the Western District of North Carolina

Rule Set: Local Bankruptcy Rules of the U.S. Bankruptcy Court for the Western District of North Carolina

Rule: 8.1.4

Jurisdiction: WDNCB

Bluebook Citation: Bankr. W.D.N.C. R. 8.1.4

from the protection of the automatic stay, whether by judicial action, voluntary surrender, or through operation of the plan, will receive no further distribution from the Chapter 13 trustee unless an itemized proof of claim for any unsecured deficiency balance is filed within 120 days (or 180 days if the property is real estate or manufactured housing), or such other period as the court orders, after the removal of the property from the protection of the automatic stay. The removal date shall be the date of the entry of an order confirming the plan, modifying the plan, or granting relief from stay. This provision also applies to other creditors who may claim an interest in, or a lien upon, property that is removed from the protection of the automatic stay or surrendered to another lien holder.

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