Local Bankruptcy Rules in Chester County

We previously discussed last month the first part of Local Rule 2083-1 of Chapter 13.  Here are the rest of the pertinent rules.

(e)  Standing Trustee's Fee.  If a Chapter 13 case is dimissed or converted prior to the entry of a discharge, whether or not a plan has been confirmed, the standing trustee shall be entitled to retain (i) from any payments made from the debtor the amount of $35 or the amount of the percentage fee authorized under 28 U.S.C. Section 586(e)(1), whichever amount is greater, and (ii) the interest earned on any payment from the debtor.  

(f)  Monthly Disbursements.  The Trustee shall make post-confirmation disbursements to creditors on a monthly basis.  

(g)  Final Account.  On the termination of a Chapter 13 case, the trustee shall file with the clerk a final account of all monies received and disbursed, and shall mail a copy of the final account to the debtor and counsel for the debtor.  

(h) Notice of Dismissal.  The clerk shall provide timely notice of the dismissal of a Chapter 13 case to all creditors on the Matrix List of Creditors and to the trustee.  

Note:  For those interested, here's 28 U.S.C. Section 586(e)(1):

(e) (1) The Attorney General, after consultation with a United States trustee that has appointed an individual under subsection (b) of this section to serve as standing trustee in cases under chapter 12 or 13 of title 11, shall fix—

(i) an amount not to exceed the highest annual rate of basic pay in effect for level V of the Executive Schedule; and

(ii) the cash value of employment benefits comparable to the employment benefits provided by the United States to individuals who are employed by the United States at the same rate of basic pay to perform similar services during the same period of time; and

(i) in the case of a debtor who is not a family farmer, ten percent; or

(ii) in the case of a debtor who is a family farmer, the sum of—

(I) not to exceed ten percent of the payments made under the plan of such debtor, with respect to payments in an aggregate amount not to exceed $450,000; and

(II) three percent of payments made under the plan of such debtor, with respect to payments made after the aggregate amount of payments made under the plan exceeds $450,000;

based on such maximum annual compensation and the actual, necessary expenses incurred by such individual as standing trustee.