Administrative Order No. 01-15United States Bankruptcy Court, N.D. Ohio, Eastern Division
November 30, 2001
MARILYN SHEA-STONUM, United States Bankruptcy Judge.
The chapter 13 trustee’s office serving this Court location routinely files a response to motions for relief from the automatic stay filed in chapter 13 cases (the “Trustee Response”). Through the Trustee Response, the chapter 13 trustee, while expressing no opinion either if favor of or in opposition to the motion, requests that, in the event relief from the automatic stay is granted by the Court, the order providing such relief require that (1) movant make a full accounting to the Court and to the chapter 13 trustee of all proceeds received from any sale of the collateral that is the subject of the motion for relief from the automatic stay, and (2) movant make an express declaration of whether the chapter 13 trustee should honor any claim that is or may be filed by a party with alien interest in that same collateral (collectively, the “Trustee Relief”). “When a Trustee Response is filed, this Court requires any proposed order granting relief from the automatic stay to provide for the Trustee Relief.
Based upon the foregoing and (1) in anticipation of the implementation of Case Management/Electronic Case Filing, (2) in order to relieve the chapter 13 trustee’s office from having to file a Trustee Response and then have the Clerk of Court’s Office have to docket all of those pleadings, and (3) in a continuing effort to promote the efficient administration of chapter 13 cases, this Court hereby requires that, fromthe date of the entry of this Administrative Order, all proposed orders granting relief from the automatic stay in chapter 13 cases shall provide for the Trustee Relief.
IT IS SO ORDERED.