Affidavit of Adequate Protection and Lease Payments

Last updated: March, 2012

Under BAPCPA and pursuant to LBR 3015-3, any pre-confirmation adequate protection and personal property lease payments made pursuant to 11 U.S.C. §1326(a)(1) must be disclosed.  LBR 3015-3 requires that such  payments shall be paid directly by the debtor(s) to the creditor rather than the chapter 13 trustee.  

No later than fourteen (14) days prior to the date of a confirmation hearing, the debtor shall file with the Court an affidavit that discloses any Section1326(a)(1) pre-confirmation payments paid by the debtor directly to creditors.  The affidavit shall identify each creditor, the creditor’s address, the last four digits of the account number, the date of payment, the due date of the payment, the amount of each payment and the aggregate amount of payments made pre-confirmation.

A copy of the affidavit shall be served on each creditor listed in the affidavit and upon  the Chapter 13 trustee.  In addition to the service required by Federal Rules of Bankruptcy Procedure 7004(b) and 9014, the debtor must serve a copy of the affidavit on the creditor in care of an individual at the creditor’s address indicated on any proof of claim filed by that creditor and certify that service to the Court.

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