RULE 1302. CLAIMS AND CLAIMS REGISTERS

A. Proofs of Claim to be Filed with Clerk

Proofs of claims in cases under Chapter 13 of the Bankruptcy Code shall be filed with the clerk. Such claims will be date and time stamped by the clerk as received, and made available by the clerk either on site or by delivery to the case standing trustee for copying. If delivered, the standing trustee shall promptly return the original claim to the clerk.

B. Standing Trustee to Maintain Claims Register

Standing trustees in all Chapter 13 cases shall maintain a claims register of all claims filed in each proceeding, and may do so electronically. Each claim register shall include the name and address of each creditor; the amount claimed; whether the claim is secured or unsecured; whether the claim is administrative; and the sequence of payments provided under the debtor's plan or pursuant to any order of court.

C. Transfer of Claims: Recording, Notice of

The standing trustee shall record each transfer of a creditor's claims on the claims registers, send notice of such transfer pursuant to Fed.R.Bankr.P. 3001(e)(2)(3) and (4), and promptly deliver all original filings with respect to such transfer to the clerk.

D. Trustee to Answer Inquiries re Claims Register

The standing trustees will promptly answer requests for information regarding claims registers, and will supply copies of such claim registers upon payment of any charges for actual costs of copying that are approved by the United States Trustee.

E. Clerk to Establish Procedures; Report Deficiencies to Chief Judge

The clerk of the Court shall establish procedures and practices to inspect and verify the implementation of this rule and Rule 1304, and shall promptly report any deficiencies in compliance to the chief judge with copies to the United States Trustee and to the standing trustee(s) affected. If the deficiencies affect the standing trustee in the Western Division, copies of the report shall be given promptly to the judge senior in length of service permanently assigned to that Division.

F. Standing Trustee and Employees Not Employees of Court

Nothing in this rule or in Rule 1304 is intended to indicate that the standing trustees or persons employed by them are employees of the clerk of the Court or the United States of America, or that they have any right to compensation or benefits by reason of this rule.

Committee Note: The Chapter 13 standing trustees are by law under supervision of the United States Trustee as to their administrative duties and compensation. To handle the mass of Chapter 13 case filings, the standing trustee aids the clerk in performance of the clerk's duties to maintain claims dockets and mail notices. This rule and Rule 1304 formalize practices now in use. Existing practices and this rule apply Guidelines on use of Outside Facilities and Services promulgated by the Judicial Conference of the United States on 7 March 1989, and Conference Guidelines on Noticing promulgated in the same month. The first such Guidelines were based on authority in 28 U.S.C. §156(c). The latter Guidelines assisted in implementation of a provision in the Judiciary's appropriation legislation which directed the Administrative Office of the United States Courts to permit and encourage preparation and mailing of notices by persons other than the clerk of the bankruptcy court.