Local Rule RULE 3015–1: Chapter 12 or 13—Time to File a Plan; Nonstandard Provisions; Objection to Confirmation; Effect of Confirmation; Modifying a Plan

RULE 3015–1 Chapter 12 or 13—Time to File a Plan; Nonstandard Provisions; Objection to Confirmation; Effect of Confirmation; Modifying a Plan

(a) Requirement for use of Local Chapter 13 Plan Form. A chapter 13 plan must conform to Local Form 104 and must be used without alteration, except as otherwise provided in these Local Bankruptcy Rules or in instructions issued by the Court. Debtors may delete items requiring detail in a question or category if the filer indicates by checking "none" that there is nothing to report on that question or category.

(b) Service. Along with the original chapter 13 plan and any amended or modified chapter 13 plan, the debtor shall file a certificate of service as included in Local Form 104 setting forth the date and manner of service and the names and addresses of all parties to whom the chapter 13 plan was mailed or transmitted. In addition, if the debtor seeks to avoid any lien or value any collateral, the debtor shall serve the chapter 13 plan on affected parties pursuant to Bankruptcy Rule 7004.

(1) Except as set forth in subsection (b)(2) of this Local Bankruptcy Rule and unless the Court orders otherwise, the debtor shall serve a copy of the debtor's chapter 13 plan on the chapter 13 trustee, all creditors, and other parties in interest on or prior to the date it is filed with the Court.

(2) An amended or modified chapter 13 plan that only increases (i) the amount of monthly payments and/or (ii) the total amount of payments in the chapter 13 plan to the chapter 13 trustee may be served only on the chapter 13 trustee and is not required to be served on all creditors and parties in interest.

(c) Motion to Extend Time; Notice.

(1) Automatic Extension. If a motion to extend time to file the chapter 13 plan is filed within fourteen (14) days after the petition date, the Clerk shall enter an order extending time for filing to the shorter of fourteen (14) additional days or seven (7) days prior to the initial scheduled meeting of creditors. The Clerk's order shall further provide that the debtor either must (i) file the chapter 13 plan or further motion to extend time for the same by the date set forth therein; or (ii) timely file a response and attend a hearing to explain why the case should not be dismissed. Such motion need only be served on the United States Trustee, the chapter 13 trustee, and any other party as the Court may direct. Any party objecting to such extension shall have seven (7) days from the date of the entry of the order granting such extension under this subsection to file objections with the Court and to schedule a hearing on the same.

(2) Other Extension. Any motion that is filed after the due date of the chapter 13 plan set forth in Bankruptcy Rule 3015 or that seeks an extension of time beyond the dates specified in subparagraph (c)(1) of this Local Bankruptcy Rule shall be noticed for a hearing. Such motion need only be served on the United States Trustee, the chapter 13 trustee, and any other party as the Court may direct. Notice of the motion shall provide that parties objecting to the extension of time shall file written objections with the Court within seven (7) days after service of the motion by the debtor.

(d) Additional Evidentiary Requirements. If the debtor seeks to value collateral or avoid liens pursuant to a provision in the chapter 13 plan, the debtor must file separately or as an exhibit to the chapter 13 plan evidence of (1) the collateral's value; (2) the existence of all other liens; (3) the name, address, and nature of ownership of any non-debtor owner of the property; and (4) if the lienholder has not filed a proof of claim, evidence of the amount of each debt secured by the collateral. Notwithstanding subsection (b) of this Local Bankruptcy Rule, the debtor need only serve the evidence listed herein on affected creditors and not on all creditors.