The Court's form
Order Approving Administrative Expense Claim for Debtor's Attorney in Dismissed and Converted Chapter 13 Cases is posted in the
Procedure Manual. The form order authorizes the Chapter 13 Trustee to disburse payment to the applicant "pro rata with other administrative expense claims (if any), to the extent that the Chapter 13 Trustee is in possession of funds not previously disbursed under Debtor's Chapter 13 plan." Orders submitted by debtors' counsel in dismissed or converted Chapter 13 cases
must include this language in their orders.
Creditors frequently file
Motions for an Order Confirming that the Automatic Stay is Not in Effect Pursuant to Local Rule 4001-1(c)(2) when the debtor's Chapter 12 or 13 plan provides for surrender of the creditor's collateral, for the debt to be paid by the debtor directly to the creditor rather than through the Chapter 13 trustee's office, or does not provide for the creditor's claim. Proposed orders on such motions
must include the following language: "This Court makes no determination of whether a default exists."