Michael Phillip Jenkins and Gina Roxanne Jenkins

UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF NORTH CAROLINA
RALEIGH DIVISION
IN RE:
MICHAEL PHILLIP JENKINS and
GINA ROXANNE JENKINS,
DEBTORS.
CASE NO. 10-06877-8-JRL
Chapter 13
ORDER
This matter came before the court on the debtors’ motion to require a secured creditor to
resume monthly payment statements. A hearing was held on October 5, 2011, in Raleigh, North
Carolina.
The debtors filed for relief under chapter 13 of the Bankruptcy Code on August 27, 2010.
Green Tree Servicing, LLC (“Green Tree”) is listed as a secured creditor and has a lien upon the
debtors’ home. The debtors intend to retain their home and are paying Green Tree directly.
Prior to the debtors’ bankruptcy, Green Tree provided the debtors with monthly statements,
showing payment receipts, monthly amounts due, and total remaining balance. Shortly after the
debtors filed for bankruptcy, Green Tree discontinued the monthly statements. Counsel for
Green Tree candidly states that because of accusations in prior cases that such statements violate
the automatic stay, Green Tree sends no post-petition statements to North Carolina debtors.
SO ORDERED.
SIGNED this 06 day of October, 2011.
________________________________________
J. Rich Leonard
United States Bankruptcy Judge
____________________________________________________________
Case 10-06877-8-DMW Doc 59 Filed 10/06/11 Entered 10/06/11 15:58:38 Page 1 of 2

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The debtors now move the court to order Green Tree to recommence sending the monthly
statements, citing Local Rule 4001-2 for support. Local Rule 4001-2 is titled “SECURED
CREDITOR DUTIES” and provides in relevant part: “A secured creditor may send all payment
coupons or statements of account that the creditor provides to . . . chapter 13 debtors who have
indicated in their proposed chapter 13 plan their intent to retain the secured creditor’s collateral
by complying with the terms of the contract.” E.D.N.C. LBR 4001-2(a)(2) (emphasis added).
The purpose of Local Rule 4001-2 was to provide a safe harbor to secured creditors who
wished to continue to send monthly payment coupons or statements to debtors; it was not
intended to require them to do so. Furthermore, the Bankruptcy Code does not provide a
mechanism for the court to impose this affirmative duty upon Green Tree. Outside of a
contractual obligation—which does not exist in this case—the debtors simply do not have any
right to receive monthly statements from Green Tree. Based on the foregoing, the debtors’
motion is DENIED.
END OF DOCUMENT
Case 10-06877-8-DMW Doc 59 Filed 10/06/11 Entered 10/06/11 15:58:38 Page 2 of 2