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Chapter 13 – General

Local Rule Number: 
Rule 2083-1
2000 Series

(A)       Duty of Tax Collector in Dismissed or Converted Cases or Where Stay Relief Has Been Granted to Certificate Holder.  In some cases, tax certificate holders may receive payments from the chapter 13 trustee, even if the plan is not confirmed.  Any order dismissing or converting such cases or granting stay relief to the certificate holder prior to confirmation may direct that upon receipt by the tax collector of such order, the tax collector shall request or access the chapter 13 trustee’s ledger reflecting the amounts paid to certificate holders.  Likewise, in any such case, the order may provide that the tax collector shall adjust the county tax records in the same manner required for payments under a confirmed plan.

(B)       Required Review of Claims by Attorney for Debtor.

(1)        Scope of Review Required.  Not later than 21 days after expiration of the claims bar date, the attorney shall examine, from records maintained by the clerk, the claims register and all claims filed in the case to determine whether additional action is necessary, including the filing and service in accordance with all applicable rules of:

(a)        an amended plan if the plan has not been confirmed;

(b)       a motion to modify the confirmed plan; or

(c)        objections to nonconforming claims.

(2)        Attorney for Debtor’s Notice of Compliance with Claims Review Requirement.  A Local Form “Notice of Compliance by Attorney for Debtor With Local Rule 2083-1(B) Claims Review Requirement” certifying that the review required by subdivision (B)(1) of this rule has been completed shall be filed with the court and served on the trustee and the debtor.

(3)        Failure to Comply.  If the provisions of this rule are not complied with, the trustee may serve upon the attorney for the debtor (with a copy also served on the debtor), a “Trustee’s Notice to Attorney for Debtor of Deficiency” which shall provide a 20 day deadline from the date of the notice for the attorney for the debtor to comply.  If the deficiency is not cured, the trustee shall file a “Trustee’s Report of Non-Compliance with Claims Review Requirement” and the court may dismiss the case without further notice or hearing.

(4)        Pro Se Debtors.  The provisions of this rule do not apply to debtors not represented by an attorney.