It has come to the Court’s attention that there is a discrepancy between NM LBR 3015-3(a) and the local form Chapter 13 plan regarding the “gap payment” for conduit mortgage payments made by the Chapter 13 Trustee. 

NM LBR 3015-3(a) defines “gap payment” as “the first two Mortgage payments that come due post-petition” whereas the form Chapter 13 Plan defines “gap payment” as the first mortgage payment that comes due post-petition.

The Court entered an Order Correcting NM LBR 3015-3(a) Defining “Gap Payment” for Purposes of the Mandatory Local Form Chapter 13 Plan to conform the rule to the plan. The effective date of corrected NM LBR 3015-3(a) is March 1, 2023. 

A plan confirmed prior to the effective date of NM LBR 3015-(3)(a) that provides for a one-month gap payment is enforceable.