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PLAN PAYMENTS TO CHAPTER 13 TRUSTEE
- (1)
- Plan Payment Procedure. Plan payments shall be due on the same day of each month beginning not later than 30 days after the petition is filed. If the case was converted from chapter 7, the first plan payment shall be due 30 days from the date of conversion. All plan payments that accrue before the § 341(a) meeting of creditors shall be tendered, in the form described in subsection (3) below, to the chapter 13 trustee or the trustee’s representative at the § 341(a) meeting of creditors.
- (2)
- Dismissal or Conversion for Non-Payment. If the debtor fails to make plan payments, the case may be dismissed or converted to a case under chapter 7. If the case is dismissed for willful failure of the debtor to abide by orders of the court, or to appear before the court in proper prosecution of the case, the court will impose a 180-day bar to refiling in accordance with 11 U.S.C. § 109(g).
- (3)
- Form of Payment. Unless and until a payroll deduction order is effective, all plan payments shall be made by the debtor in the form of cashier’s check, certified funds, or money order made payable to the “Chapter 13 Trustee” and mailed to the chapter 13 trustee as instructed. The court may require plan payments through a
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payroll deduction order. If a payroll deduction order is not issued upon confirmation of a plan, the chapter 13 trustee is authorized to issue such an order and to serve it upon the debtor’s employer, the debtor and the debtor’s counsel whenever a plan payment is more than 20 days late.
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