Last updated: 11/25/2008
Stipulation Excusing Entry Of Third Party Payment Order And Order To Debtor To Remit Payment
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Description
UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION-DETROIT IN RE: CHAPTER 13 CASE NO. JUDGE Debtor(s). _______________________________________/ STIPULATION EXCUSING ENTRY OF THIRD PARTY PAYMENT ORDER AND ORDER TO DEBTOR TO REMIT PAYMENTS TO CHAPTER 13 TRUSTEE BY ELECTRONIC TRANSFER OF FUNDS The above named Debtor(s) having filed a petition for relief under Chapter 13 of the Bankruptcy Code, and having sought to excuse entry of a third-party payment order as required by E.D. Mich. LBR 1007-1(c)(1)(A) and requesting to remit payments to the Chapter 13 Trustee by electronic transfer of funds pursuant to E.D. Mich. LBR 1007-1(c)(1)(B) from the debtor's (s') bank account for the following reasons: _____________________ ________________________________________________________________________________________________________________________ and further seeking entry of this Order without notice inasmuch as the third-party payment order may be entered without notice, and the consent of the Trustee having been obtained, and the Court being otherwise sufficiently advised in the premises; IT IS HEREBY STIPULATED that entry of a third-party payment order pursuant to E.D. Mich. LBR 1007-1(c)(1)(A) is excused pursuant to E.D. Mich. LBR 9029-1(e) in the above-captioned matter, or in the event a previous third-party payment order was entered, said Order is voided and held for naught until further Order of the Court; IT IS FURTHER STIPULATED that within 10 days of the entry of this Order, the Debtor(s) shall complete the approved Authorization Agreement for Preauthorized Payments (ACH)** authorizing the Chapter 13 Trustee, ____________________________ , or his/her successor, to initiate debit and/or credit entries to the bank account listed in the agreement in the amount of $____________ per ______________ until further order of the Court; IT IS FURTHER STIPULATED that these payments shall commence as of _______________, as required by 11 USC § 1326(a)(1). Any attempt to terminate the ACH or challenge a withdrawal made pursuant to the ACH shall be made only after obtaining permission of the Bankruptcy Court. Failure to seek prior authorization to terminate the agreement or challenge a withdrawal under the agreement may constitute cause for dismissal pursuant to 11 USC §1307 and may result in further sanctions, as determined by the court. Stipulated and approved for entry: Stipulated and approved for entry: ______________________________________ Chapter 13 Trustee ________________________________________________ Attorney for Debtor(s) ________________________________________________ Debtor ________________________________________________ Debtor **Approved form Authorization Agreement for Preauthorized Payments (ACH) is required and is available from the website of the assigned Chapter 13 Trustee. American LegalNet, Inc. www.FormsWorkflow.com
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