In order to better implement the provisions of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, for cases filed on or after October 17, 2005, the Standing Order issued October 14,2005, is hereby amended as follows:
1. Notwithstanding the provisions of 11 U.S.C. § 1326(a)(1)(B) and (a)(1)(C), the debtor shall pay the chapter 13 trustee the full amount of the payments proposed by the plan, without reduction for post-petition lease payments or secured claims. Post-petition payments of personal property leases governed by § 1326( a)(1)(B) and post-petition payments of purchase money personal property secured claims governed by § 1326(a)(1)(C) shall be made to the chapter 13 trustee, only if the plan expressly so provides. Trustee commission should be included with the pre-confirmation payments. Within 30 days after receipt of such payments and continuing until confirmation of the plan or further order of the court, the trustee shall distribute the amounts designated in the plan to purchase money personal property secured creditors and lessors with allowed secured claims.
2. Payment advices or other evidence of payment referred to in § 521(a)(I)(B)(iv) shall not be filed with the court. Instead, in chapter 13 cases copies of these documents shall be delivered to the trustee, or in chapter 11 cases, the United States Trustee, no later than seven days prior to the § 341 meeting of creditors. In chapter 7 cases copies of those documents shall be delivered to the chapter 7 trustee when required by the trustee.
3. In any chapter 7 case in which a debtor uses exemptions from another State pursuant to § 522(b)(3)(A), and the property exempted under § 522(p)(1)(A), (B), (C) and (D) exceeds in the aggregate $125,000, the debtor shall file with the court a certification under penalty of perjury stating whether or not there is a proceeding pending in which the debtor may be found guilty of a felony of the kind described in § 522( q)(1)(A) and whether or not the debtor owes any debts of the kind described in § 522(q)(1)(B). The certification shall be filed no earlier than 45 days and no later than 50 days after the first date set for the § 341 meeting of creditors.
4. Debtors subject to domestic support obligations shall provide the trustee with the name, telephone number and address of domestic support creditors and the name and address of the debtor's employer not later than 7 days prior to the first scheduled § 341 meeting of creditors. Debtors subject to domestic support obligations shall notify the trustee of any changes to the domestic support creditor or employer information prior to discharge, and in chapter 11, 12 and 13 cases shall provide the trustee with current information at the time of the last payment under the plan.
5. Creditors filing a notice of preferred address pursuant to §342(f) shall file such notices directly with the Bankruptcy Noticing Center (BNC) and not with the court. Notices must be filed at BAE Systems - Bankruptcy Noticing Center, 2525 Network Place Herndon, VA 20171-3514. Information for filing a §342(f) notice with the BNC can be obtained through ncrs.uscourts.gov or at (877) 837-3424. Section 342(f) notices filed with the BNC shall be deemed filed with the court.
Date Issued: October 31, 2005
WHEREAS, by court order dated October 12, 2005, this court adopted the Interim Rules of Bankruptcy Procedure to implement the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 pending promulgation of permanent Federal Rules of Bankruptcy Procedure by the Committee on Rules of Practice and Procedure of the Judicial Conference of the United States; and whereas, with the exception of Interim Rule 5012, such Rules shall become effective on December 1, 2008,
IT IS ORDERED:
The order of October 12, 2005, is vacated effective December 1, 2008. Interim Rule 5012 shall remain in effect until further order of this court.
Date Issued: October 12, 2008