This Local Rule shall govern all cases filed under chapter 13 of the Code.

        a.  Section 1326 Payments.

1. The debtor shall, after commencing timely payments as required by 11 U.S.C. § 1326(a)(1), continue to make subsequent payments to the trustee in accordance with the proposed plan until the trustee or Court directs otherwise.
    
2. If the proposed plan provides for payment of secured debt through the plan and the debtor is making timely pre-confirmation payments to the trustee, the debtor need not continue to make regular payments directly on such secured debt.  If the proposed plan provides for direct payments to a secured creditor or if no proposed plan is filed on the petition date, the debtor shall continue to make regular payments to such secured creditor(s) as and when due.

•  Chapter 13 Plan and Plan Analysis.

   

1. Filing of Plan.  On the petition date, or within fourteen (14) days of conversion to chapter 13, the debtor shall file a proposed plan substantially in the form of Local Form 103, together with a plan analysis substantially in the form of Local Form 103A.  If a plan or plan analysis is filed after such time, the debtor shall serve the plan and plan analysis upon all creditors in accordance with Fed. R. Bankr. P. 2002 and file a certificate of service with the Court.
    
2. Mortgage Claims and Procedures.
   1. If servicers/mortgagees include a flat fee cost in the proof of claim for review of the chapter 13 plan prior to confirmation and for the preparation of the proof of claim, it shall be reasonable and fairly reflect the attorney's fee included.  A postpetition charge for the review of a chapter 13 plan and/or the preparation of a proof of claim may be asserted in the servicer/mortgagee's proof of claim that asserts prepetition claims;
       
   2. If servicers/mortgagees include attorney fees for pursuing relief from stay, such fees shall be clearly identified as well as how such fees are to be paid in any agreed order resolving a Motion for Relief from Stay or any other matter before the court;
       
   3. Servicers/mortgagees shall analyze the loan for escrow changes upon the filing of a bankruptcy case and each year thereafter. A copy of the escrow analysis shall be provided to the debtor and filed with the Court by the servicers/mortgagees or their representative each year;
       
   4. Servicers/mortgagees shall not include any prepetition cost or fees or prepetition negative escrow in any postpetition escrow analysis. These amounts shall be included in the prepetition claim amount unless the payment of such fee or cost was actually made by the servicer;
       
   5. Servicers/mortgagees shall attach a statement to a formal notice of payment change outlining all postpetition contractual costs and fees not previously approved by the court and due and owing since the prior escrow analysis or date of filing, whichever is later. This statement need not contain fees, costs, charges and expenses that are awarded or approved by the Bankruptcy Court order. In absence of any objection or challenge to such fees, the Debtor shall take appropriate steps to cause such fees to be paid as authorized by mortgage holder's note, security agreement and state law;
       
   6. Servicers/mortgagees shall monitor postpetition payments. If the mortgage is paid postpetition current, then the servicers/mortgagees shall not seek to recover late fees. No late fees shall be recovered or demanded for systemic delay but shall be limited to actual debtor default;
       
   7. Prepetition payments shall be tracked as applied to prepetition arrears and postpetition payments shall be tracked as applied to postpetition ongoing mortgage payments;
       
   8. Servicers/mortgagees shall file a notice and reason of any payment change with the court and provide same to the debtor;
       
   9. Servicers/mortgagees are required, at least annually, to file with the Court a notice of any protective advances made in reference to a mortgage claim, such as non-escrow insurance premiums or taxes. Such notice shall be provided to the debtors and filed with the Court;
       
   10. If appropriate, servicers/mortgagees should review the Trustee's website or NDC (National Data Center) to reconcile any payment discrepancies with their system prior to the filing of a Motion for Relief from Stay;
        
   11. Servicers/mortgagees shall clearly identify, in their proofs of claim, if the loan is an escrowed or non-escrowed loan and break out the monthly payment consisting of principal, interest, escrow and PMI components;
        
   12. Servicers/mortgagees shall attach to their proofs of claim or otherwise identify non-traditional or non-conforming mortgage loans in their proof of claim. Servicers/mortgagee's holding loans with options should identify on the proof of claim the type of loan as well as the various contractual payment options available during the bankruptcy to the borrower/debtor;
        
   13. Mortgage Arrearage Claims:  When filing their initial proofs of claims, servicers/mortgagees should state their mortgage arrearage up to the date of the filing date of the bankruptcy petition, unless the plan or Trustee indicates otherwise, or local rule provides otherwise. The Chapter 13 Trustee will use the mortgage arrearage claim to set up the arrearage balance on the claim, which in turn will show up as the "balance" on the voucher check, absent objection to the claim;
        
   14. Within 30 days after the debtor completes all payments under the plan, the Trustee will file and serve on the Servicer/mortgagee, debtor and debtor's counsel a Notice of Final Cure and Completion of Plan Payments.  Within 21 days of service of this Notice the debtor shall file an executed Local Form 104, and the servicer/mortgagee shall file and serve on the debtor, debtor's counsel and the Trustee an itemized statement as required under Fed. Bankr. Rule 3002.1(g) indicating whether it agrees that the debtor has paid in full the amount required to cure any default and whether the debtor is otherwise current on all payments.  Absence of the filing of the servicer/mortgagee statement shall be deemed consent to the contents of the Notice of Final Cure and Completion of Plan Payments.  Thereafter, upon issuance of a Discharge, a servicer/mortgagee shall adjust its permanent records to reflect the current nature of Debtor(s) account.  Servicers/mortgagees should review the Trustee's website or NDC at the close or discharge of the bankruptcy to reconcile any payment discrepancies with their system. Provided, however, that if Debtor elected to defer the payment of approved post-petition charges until the conclusion of the case's administration, then a servicer/mortgagee shall be authorized to collect said sums in accordance with the provisions of its note, security agreement and state law. Otherwise, the mortgage shall be reinstated according to its original terms, extinguishing any right of the servicer/mortgagee or its assignee(s) to recover any amounts alleged to have arisen prior to the date of the Trustee's filing of a Request for Discharge of Debtor(s) and entry of Order deeming any mortgage current;
        
   15. Prior to filing a motion (other than a Motion for Relief from Stay) to enforce any mortgage claim, the notice requirements hereunder or plan provisions governing mortgage claims, the moving party shall attempt to confer in good faith with the affected parties in an effort to resolve the dispute without court actions. All such motions shall include a certification of counsel that a good faith attempt to confer was so made; and
        
   16. All statements, notices, escrow analysis, or similar documents required under this Local Rule to be filed with the Court by servicers/mortgagees need not be signed or filed by an attorney or an attorney of record.
        

• Amended Plans.
  1. If an amended plan is filed before the scheduled confirmation hearing on the previously filed plan, it shall be accompanied by a certificate of service.  The certificate of service should evidence that a copy of the amended plan has been served upon each of the creditors listed in the chapter 13 Schedules and Statement of Financial Affairs, the Chapter 13 Trustee and the United States Trustee, in such a manner so as to ensure that such parties receive the amended plan no less than seven (7) days prior to the confirmation hearing.  When a plan is confirmed on an interim basis, any subsequent plan filed prior to the final confirmation should be filed and titled an "Amended Plan" and should be noticed by the debtor or debtor's counsel.  A certificate of service therefor should be filed with the Court.
      
  2. Any motion to modify a plan after confirmation shall be noticed by the Court.
      
• Distribution.  Before commencing distribution of the debtor's funds under a confirmed plan, the trustee shall mail to the debtor a copy of the debtor's master report reflecting those creditors that have or have not filed proofs of claim.  The trustee shall not distribute funds to any creditor unless a proof of claim has been filed and deemed allowed or allowed by Court order.
   
• Plan Funding.  In all plans, funding shall be by payroll deduction unless otherwise agreed by the trustee or ordered by the Court upon a demonstration of cause shown by the debtor.  A wage order must be submitted by the debtor at the time the plan is confirmed by the Court.
   
• Confirmation.  If timely pre-confirmation payments are made to the trustee and no objections are received, the plan may be confirmed without further notice or hearing upon the filing of a certificate by the trustee recommending that the Court confirm the plan.
   
• Discharge.  Debtor and debtor's counsel shall file with the Court a Certification substantially in the form of Local Form 104 in order to comply with 11 U.S.C. § 1328 and obtain a discharge upon completion of all plan payments. Failure to file the Certification may be a basis for dismissal of the case.

1. Service.  Upon the filing of a motion seeking relief from the automatic stay under 11 U.S.C. § 362, the movant shall file and serve a notice of hearing substantially in compliance with Local Form 106A.  In chapter 11 cases, an individual seeking relief from the automatic stay to pursue a personal injury or wrongful death action shall serve counsel for the debtor or trustee, counsel for all official committees, counsel for the Debtor-in-Possession financing lenders and any other party directly affected by the motion.  In all other cases, the motion shall be served on counsel for the debtor, counsel for all official committees, any trustee, all parties requesting notices and all known parties having an interest in the subject property or relief requested.
    
2. Scheduling.  In chapter 11 cases where omnibus hearing dates have been scheduled by the Court, the movant may notice its motion for the earliest omnibus hearing date that provides sufficient notice in accordance with Local Rule 9006-1(c).  If that omnibus hearing date is not within thirty (30) days of the filing of the motion, the movant shall obtain a date for the hearing from chambers that is within thirty (30) days of the filing of the motion, or the movant is deemed to have consented to the stay remaining in effect until such time the motion can be heard.  If the movant consents to a continuance of the hearing on the motion, then the movant is deemed to consent to the stay remaining in effect until the adjourned hearing date on the motion.  In all chapter 7 and chapter 13 cases, the movant shall obtain a hearing date from the Court's website in advance of filing and serving its motion and notice of motion.
    
3. Supporting Documentation.  With respect to a motion for relief from stay where the movant is seeking to foreclose on its collateral:
   1. The movant shall file the following documents with the motion:
      1. An affidavit and supporting exhibits containing the following data, if applicable:
         1. True copies of all notes, bonds, mortgages, security agreements, financing statements, assignments and every other document upon which the movant will rely at the time of hearing;
             
         2. A statement of amount due, including a breakdown of the following categories:
            1. Unpaid principal;
                
            2. Accrued interest to and from specific dates;
                
            3. Late charges to and from specific dates;
                
            4. Attorneys' fees;
                
            5. Advances for taxes, insurance and the like;
                
            6. Unearned interest; and
                
            7. Any other charges;
                
         3. A per diem interest factor; and
             
         4. Movant's good faith estimate of the value of the collateral as of the petition date of the respective debtor.
             
      2. At least seven (7) days prior to the hearing, any party opposing the motion shall file with the Court and serve on the movant and all parties required to be served under this Rule the following documents:
         1. A response to the motion;
             
         2. An affidavit stating the responding party's good faith estimate of (1) the amount due to the movant and (2) the value of the collateral as of the petition date of the respective debtor; and
             
         3. A statement as to how the movant can be adequately protected if the stay is to be continued.
             
      3. The hearing date specified in the notice of the motion will be a preliminary hearing at which the Court may (A) hear oral argument, (B) determine whether an evidentiary or other final hearing is necessary, (C) set a date by which the parties shall exchange supporting documentation, (D) set a date by which the parties must produce the report of any appraiser whose testimony is to be presented at the final hearing and/or (E) set a date and time for a final hearing.
          
4. Conference.  The attorneys for the parties shall confer with respect to the issues raised by the motion in advance of the hearing for the purpose of determining whether a consensual order may be entered and/or for the purpose of stipulating to relevant facts, such as the value of the property and the extent and validity of any security instrument.

1. Motions.  Except as provided herein and elsewhere in these Local Rules, all cash collateral and financing requests under 11 U.S.C. §§ 363 and 364 shall be heard by motion filed under Fed. R. Bankr. P. 2002, 4001 and 9014 ("Financing Motions").
   1. Provisions to be Highlighted.  All Financing Motions must (a) recite whether the proposed form of order and/or underlying cash collateral stipulation or loan agreement contains any provision of the type indicated below, (b) identify the location of any such provision in the proposed form of order, cash collateral stipulation and/or loan agreement and (c) justify the inclusion of such provision:
      1. Provisions that grant cross-collateralization protection (other than replacement liens or other adequate protection) to the prepetition secured creditors (i.e., clauses that secure prepetition debt by postpetition assets in which the secured creditor would not otherwise have a security interest by virtue of its prepetition security agreement or applicable law);
          
      2. Provisions or findings of fact that bind the estate or other parties in interest with respect to the validity, perfection or amount of the secured creditor's prepetition lien or the waiver of claims against the secured creditor without first giving parties in interest at least seventy-five (75) days from the entry of the order and the creditors' committee, if formed, at least sixty (60) days from the date of its formation to investigate such matters;
          
      3. Provisions that seek to waive, without notice, whatever rights the estate may have under 11 U.S.C. § 506(c);
          
      4. Provisions that immediately grant to the prepetition secured creditor liens on the debtor's claims and causes of action arising under 11 U.S.C. §§ 544, 545, 547, 548 and 549;
          
      5. Provisions that deem prepetition secured debt to be postpetition debt or that use postpetition loans from a prepetition secured creditor to pay part or all of that secured creditor's prepetition debt, other than as provided in 11 U.S.C. § 552(b);
          
      6. Provisions that provide disparate treatment for the professionals retained by a creditors' committee from those professionals retained by the debtor with respect to a professional fee carve-out;
          
      7. Provisions that prime any secured lien without the consent of that lienor; and
          
      8. Provisions that seek to affect the Court's power to consider the equities of the case under 11 U.S.C. § 552(b)(1).
          
   2. All Financing Motions shall also provide a summary of the essential terms of the proposed use of cash collateral and/or financing (e.g., the maximum borrowing available on a final basis, the interim borrowing limit, borrowing conditions, interest rate, maturity, events of default, use of funds limitations and protections afforded under 11 U.S.C. §§ 363 and 364).
       
2. Interim Relief.  When Financing Motions are filed with the Court on or shortly after the petition date, the Court may grant interim relief pending review by interested parties of the proposed Debtor-in-Possession financing arrangements.  Such interim relief shall be only what is necessary to avoid immediate and irreparable harm to the estate pending a final hearing.  In the absence of extraordinary circumstances, the Court shall not approve interim financing orders that include any of the provisions previously identified in Local Rule 4001-2(a)(i)(A)-(F).
    
3. Final Orders.  A final order shall be entered only after notice and a hearing under Fed. R. Bankr. P. 4001 and Local Rule 2002-1(b).  Ordinarily, the final hearing shall be held at least seven (7) days following the organizational meeting of the creditors' committee contemplated by 11 U.S.C. § 1102.

There is "cause" for relief from the requirements of 11 U.S.C. § 345(b) where money of the estate is invested in an open-end management investment company, registered under the Investment Company Act of 1940, that is regulated as a "money market fund" pursuant to Rule 2a-7 under the Investment Company Act of 1940; so long as the debtor has filed with the Court (i) a statement identifying the fund; and (ii) the fund's certification, which shall be accompanied by its currently effective prospectus as filed with the Securities and Exchange Commission, that the fund:

1. Invests exclusively in United States Treasury bills and United States Treasury Notes owned directly or through repurchase agreements;
    
2. Has received the highest money market fund rating from a nationally recognized statistical rating organization, such as Standard & Poor's or Moody's;
    
3. Has agreed to redeem fund shares in cash, with payment being made no later than the business day following a redemption request by a shareholder, except in the event of an unscheduled closing of Federal Reserve Banks or the New York Stock Exchange; and
    
4. Has adopted a policy that it will notify its shareholders sixty (60) days prior to any change in its investment or redemption policies under (a) and (c) above

1. Contents of motion. A motion for continuation of the automatic stay pursuant to 11 U.S.C. § 362(c)(3)(B), or a request for the imposition of the automatic stay pursuant to 11 U.S.C. § 362(c)(4)(B), shall be a contested matter commenced by the filing and service of a motion in accordance with Fed. R. Bankr. P. 9014.  The objection deadline and hearing date shall be fixed in accordance with Del. Bankr. L.R. 9006-1(c), except as otherwise provided by the chambers procedures of the judge assigned to preside over the debtor's bankruptcy case. The motion shall contain allegations of specific fact supporting the requested relief, verified by an affidavit or declaration under oath upon the declarant's personal knowledge.  Any relief sought by the movant or requesting party other than the continuation or imposition of the automatic stay shall not be included in the motion but may be sought in a separate request for relief filed in accordance with Fed. R. Bankr. P. 9014 and/or Fed. R. Bankr. P. 7001, as applicable.
    
2. Notice. In addition to any requirements under applicable law and these local rules, including Local Rule 1007-2, with respect to a party against which the continuation or imposition of the automatic stay is sought, notice and copies of a motion made in accordance with subparagraph (a) of this rule shall be served upon (i) any attorney that represented such party in any bankruptcy case pending in connection with the debtor within one year before the filing of the petition commencing the case, and (ii) any attorney that represented such party in any foreclosure, repossession, or other action to enforce a claim against property of the debtor within one year before the filing of the petition commencing the case.

1. The debtor shall deliver to the interim trustee or the standing Chapter 13 Trustee no later than the first date set for the meeting of creditors under 11 U.S.C. § 341 all books, records and papers, including appraisals, relating to property of the estate as well as copies of recorded documents, e.g., deeds and mortgages.
    
2. No later than the first date set for the meeting of creditors under 11 U.S.C. § 341, the debtor shall advise the interim trustee or the standing Chapter 13 Trustee in writing of the payoff amounts on all secured debts.
    
3. Immediately upon the entry of an order for relief, the debtor shall give written notice to any court or tribunal where an action is pending against the debtor and to the parties and counsel involved in that action.  If an action is commenced subsequent to the date of the order for relief, the debtor shall give similar written notice to the court or tribunal and to all parties and counsel involved.
    
4. Immediately upon the entry of an order for relief, the debtor shall give written notice to any creditor with a garnishment order, any garnishee defendant (other than the debtor's employer) and any creditor who the debtor anticipates may seek a garnishment order.

1. Amendment to Claim of Exemptions.  An amendment to a claim of exemptions under Fed. R. Bankr. P. 1009 and 4003 shall be filed and served by the debtor on the trustee, the United States Trustee and all creditors.
    
2. Automatic Extension of Time to File Objections to Claim of Exemptions in Event of Amendment to Schedules to Add a Creditor.  If the schedules are amended to add a creditor, and the amendment is filed and served either (i) less than thirty (30) days prior to the expiration of the time set forth in Fed. R. Bankr. P. 4003(b) for the filing of objections to the list of property claimed as exempt or (ii) at any time after such filing deadline, the added creditor shall have thirty (30) days from service of the amendment to file objections to the list of property claimed as exempt.

If the schedules are amended to add a creditor, and the amendment is filed and served either (a) less than sixty (60) days prior to the expiration of the time set forth in Fed. R. Bankr. P. 4004(a) for the filing of a complaint objecting to discharge or (b) at any time after such filing deadline, the added creditor shall have sixty (60) days from service of the amendment to file a complaint objecting to discharge.  In addition, if the 341 meeting of creditors is continued or rescheduled, the time to file a complaint objecting to discharge shall be the later of the original deadline or thirty (30) days after the § 341 meeting is concluded.  Such circumstances shall be deemed to be "cause" for an extension and no motion to extend shall be necessary.

 If the schedules are amended to add a creditor and the amendment is filed and served either (a) less than sixty (60) days prior to the expiration of the time set forth in Fed. R. Bankr. P. 4007 for the filing of a complaint to obtain a determination of the dischargeability of any debt or (b) at any time after such filing deadline, the added creditor shall have sixty (60) days from service of the amendment to file a complaint objecting to the dischargeability of its claim.  In addition, if the 341 meeting of creditors is continued or rescheduled, the time to file a complaint objecting to the dischargeability of a debt shall be the later of the original deadline or thirty (30) days after the § 341 meeting is concluded.  Such circumstances shall be deemed to be "cause" for an extension and no motion to extend shall be necessary.

1. Clerk's Office Location and Hours.  The Clerk's Office is located at 824 Market Street, Third Floor, Wilmington, Delaware 19801.  The normal business hours of the Clerk's Office shall be Monday through Friday from 8:00 a.m. to 4:00 p.m. prevailing Eastern Time, except on legal holidays and as otherwise noticed by the Court's website or at the Clerk's Office.
    
2. After Hours Filings.  When the Clerk's Office is closed, papers not filed electronically may be filed with the Court by depositing them in the night depository maintained by the Clerk and shall be deemed filed as of the date and time stamped thereon.  Each document deposited in the night depository shall be stamped in the upper right-hand corner of the first page of the document.  The night depository is not to be used in the event that electronic filing is not available.  In such instances, the Clerk's Office Procedures will govern.