IMPORTANT MATTERS IN CHAPTER 13

TAMPA DIVISION

JUDGES WILLIAMSON, MAY AND DELANO

In every case, please read the Order Establishing (1) Duties of Trustee and Debtor, (2) Plan Confirmation Procedures, (3) Requirement's for Debtor's Compliance, (4) Procedures for Allowance of Administrative Expenses, and (5) Procedures for Adequate Protection Payments to Secured Creditors. Regarding payments to secured creditors (especially mortgage and car creditors) , remember that, unless the underlying collateral is surrendered in the proposed plan, the regular monthly contractual payments owing on secured claims must be paid through the plan as part of the plan payment remitted to the Chapter 13 Trustee. This policy is at the direction of all of the Judges in the Tampa and Ft. Myers Divisions of the United States Bankruptcy Court, Middle District of Florida. Debtors may, however, if current in payments to the secured creditor, file a motion seeking leave of the court to make direct payments, outside of the plan, to that creditor. In the event the court grants the motion to pay direct, the court's order will provide that the protection of the automatic stay is lifted as to that creditor having a lien on that property. While that property may no longer have bankruptcy court protection, state law remedies should remain.

Important Links to Items of Interest:

Lien Stripping as of 10-7-9-184Kb

Model Chapter 13 Plan effective as of October 25th 2005-36Kb Court's new first day order-revised 11-9-05-84Kb

Excel Chapter 13 Plan Summary-New for 2008