The Court has updated the local form Order Lifting the Automatic Stay for Consensual Loss Mitigation/Mortgage Modification for Chapter 7 and Chapter 13 cases, which lifts the automatic stay of 11 U.S.C. § 362 for the parties to engage in and complete loss mitigation. The revised orders clarify that their entry does not waive any requirement applicable to the debtor nor any other party’s rights as they exist under the Bankruptcy Code, Local Rules, Operating Orders, or any order entered in the case. The Chapter 13 order further clarifies that the trustee shall continue to make disbursements to the creditors as provided in any confirmed plan.
Friday, September 8, 2023