§ 36.37     Local Documents
Cite as:    Keith M. Lundin, Lundin On Chapter 13, § 36.37, at ¶ ____, LundinOnChapter13.com (last visited __________).
[1]

Almost every jurisdiction, by local rule or practice, requires additional or modified documents unique to the jurisdiction. Debtor’s counsel must be familiar with the local practice to present a complete packet of required documents at the filing and during administration of the case.

[2]

Many jurisdictions require a special cover sheet to accompany the Chapter 13 petition.1 The Chapter 13 plan may be a special form prescribed by local rule or practice.2 In some jurisdictions, a separate form is required containing a mathematical calculation of the hypothetical liquidation value of the estate for purposes of the best-interests-of-creditors test in 11 U.S.C. § 1325(a)(4).3 A worksheet showing how the proposed payment into the plan was calculated is sometimes required. Other jurisdictions expect a separate summary of the plan that will be copied and mailed to creditors with the notice of filing.4

[3]

The Chapter 13 trustee may have documents required or encouraged by local practice. These forms may include an income deduction order,5 a business report for a debtor engaged in business6 and a creditor matrix compatible with the trustee’s data processing equipment.7 Local forms have proliferated notwithstanding the nationalization of the Electronic Case Filing system.


 

1  See § 36.5 [ Cover Sheet ] § 36.28  Cover Sheet.

 

2  See §§ 36.2 [ Plan ] § 36.24  Plan and 55.1 [ Debtor Must File a Plan ] § 51.2  Debtor Must File a Plan.

 

3  See § 160.1 [ In General: Plan Payments vs. Hypothetical Liquidation ] § 90.1  In General: Plan Payments vs. Hypothetical Liquidation.

 

4  See Fed. R. Bankr. P. 3015.

 

5  See §§ 36.7 [ Order to Pay Trustee ] § 36.30  Order to Pay Trustee and 248.1 [ Order to Debtor’s Employer ] § 125.1  Order to Debtor’s Employer.

 

6  See § 57.2 [ Additional Filing and Reporting Requirements ] § 52.2  Additional Filing and Reporting Requirements.

 

7  See § 36.4 [ Matrix of Creditors ] § 36.27  Matrix of Creditors.