(a) The debtor shall make written application to the trustee for approval to incur any non-emergency consumer debt that does not involve a material modification of the debtor's budget. The debtor shall not file the application with the clerk. If approved by the trustee, the trustee shall file the approval and the application with the clerk. If not approved by the trustee, the debtor may then file a motion to incur nonemergency consumer debt and the motion shall contain as an attachment the trustee's denial.
(b)
If a motion is required, the motion shall be on notice to the trustee,
the United States trustee and all creditors.
Comment
This rule facilitates
the process whereby a chapter 12 or 13 debtor may incur ordinary credit
of a nonemergency nature which does not materially affect the debtor's
budget. This could involve, for example, a debtor incurring credit to finance
an automobile during the life of a plan.