UNITED STATES BANKRUPTCY COURT
for the
NORTHERN DISTRICT OF CALIFORNIA
San Jose Division |
| PROCEDURES FOR SUSPENDING PAYMENTS IN CHAPTER 13 |
| |
| 1. |
If a debtor is delinquent with Chapter 13 payments post-confirmation, the Chapter 13
Standing Trustee may, in her discretion, allow the debtor to suspend a payment without
notice to creditors. Creditors are not bound by the agreement between the debtor and
Trustee. The agreement will not be reduced to a written stipulation, but will be noted in
the debtor's case by the Trustee's staff. Creditors can access the Trustee's website
www.13network.com and view a field to track the number of suspensions a debtor
receives. The Trustee may allow no more than three (3) suspended payments in a case. |
| 2. |
If a fourth suspension is requested, the debtor must file a modification with notice to all
interested parties, as well as those requesting special notice. In the modification, the
debtor must account for all prior missed payments. The terms of the modification must
clearly indicate that all prior suspended payments are being included inthe modification
and it must set forth the total dollar amount of payments to be suspended. |
| 3. |
After a modification that addresses prior suspended payments is ordered, the Trustee
may, in her discretion, resume payment suspensions following the procedures set forth in
paragraph 1 above. |
| |
Approved |
| Dated: 10-15-2010 |
| |
 ARTHUR .WEISSBRODT
United States Bankruptcy Judge |
| |
 CHARLES NOVACK
United States Bankruptcy Judge |
| |
 STEPHEN L. JOHNSON
United States Bankruptcy Judge |
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