The Chapter 13 Trustee filed motions in nine separate Chapter 13 cases seeking payment of postpetition mortgage fees, expenses, and charges for notices filed pursuant to Rule 3002.1 and later filed a trial brief requesting a decision authorizing payment of Rule 3002.1 notices in other cases, subject to specified conditions.

The court approved the motion in part, allowing for payment by the Chapter 13 Trustee by increasing the debtors’ Chapter 13 plan payments without the necessity of filing a modified plan, and denied the motion in part, denying payment from the pool of funds earmarked for unsecured creditors.  In addition, the court denied in its entirety the request to pre-approve language to be added to future Chapter 13 form plans allowing such payment.