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SERVICE OF MOTIONS AND APPLICATIONS
All motions and applications must be served on the chapter 13 trustee, debtor, debtor’s attorney and all creditors, with the following exceptions:
- (1)
- Motions for relief from the automatic stay (See notice requirements in Local Bankruptcy Rule 9013-1(a)(5).);
- (2)
- An application by debtor’s counsel for additional fees and costs not exceeding $1,000 over and above the limits set forth in the RARA and Guidelines need be served only on the chapter 13 trustee and the debtor. All applications for additional fees and costs shall be submitted to the chapter 13 trustee for comment before filing with the court;
- (3)
- All motions for modification or suspension of plan payments must be submitted to the chapter 13 trustee for comment prior to filing but need not be served on creditors if (i) the proposed modification does not have an adverse effect on the rights of creditors, or (ii) the proposed suspension, combined with any prior approved suspensions, does not exceed 90 days. All other motions for modification or suspension must be served on all creditors pursuant to Local Bankruptcy Rule 9013-1(g), in addition to being submitted to the chapter 13 trustee for comment;
- (4)
- An objection to a claim need only be served on the chapter 13 trustee, the claimant and the claimant’s attorney. Service on the claimant if the claimant is the United States or an agency of the United States shall be as provided in F.R.B.P. 7004(b)(4) and (5); and
- (5)
- A trustee’s motion to dismiss need be served only on the debtor and debtor’s attorney.
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