Local Rule RULE 3015–2: Chapter 13—Amendments to Plans

RULE 3015–2 Chapter 13—Amendments to Plans

(a) Amendments to Proposed Chapter 13 Plans. Unless confirmation of a prior chapter 13 plan has been denied, an amended chapter 13 plan may be filed at any time prior to confirmation. If confirmation of a prior chapter 13 plan has been denied, an amended chapter 13 plan must be filed within the period stated in Local Bankruptcy Rule 3015–3(c) unless the order denying confirmation states some other period.

(1) Amendments Filed with the Court Twenty-Eight (28) Or More Days Prior to Confirmation. If an amended chapter 13 plan is filed with the Court twenty-eight (28) days or more prior to a scheduled confirmation hearing, the debtor may set the date for the confirmation hearing upon such amended chapter 13 plan for the existing scheduled confirmation hearing.

(2) Amendments Filed with the Court Less than Twenty-Eight (28) Days Prior to Confirmation. If an amended chapter 13 plan is filed with the Court less than twenty-eight (28) days prior to a scheduled confirmation hearing, the debtor shall obtain a new confirmation hearing date from the chapter 13 trustee, the Courtroom Deputy, or the dates listed on the Court's website, or file an appropriate motion(s) to shorten notice.

(3) Hearing Date. Confirmation hearings shall be set on not less than twenty-eight (28) days' notice after the filing of a plan. Objections to the plan must be filed and copies served on the chapter 13 trustee, the debtor, and the debtor's attorney no later than seven (7) days before the date set for hearing on confirmation of the plan. The debtor shall obtain a confirmation hearing date from the chapter 13 trustee, the Courtroom Deputy, or the dates listed on the Court's website.

(b) Modifications to Confirmed Chapter 13 Plans. Except as set forth Local Bankruptcy Rule 3015–1(b)(2), a request to modify a confirmed chapter 13 plan shall be made by a motion and served pursuant to Local Bankruptcy Rule 3015–1(b) with twenty-eight (28) days' notice of a scheduled confirmation hearing date from the chapter 13 trustee, the Courtroom Deputy, or the dates listed on the Court's website. Any objections must be filed and served seven (7) days prior to the scheduled confirmation hearing. All motions to modify must comply with Bankruptcy Rule 3015(h), explain with specificity the proposed modification, and be accompanied by the proposed modified chapter 13 plan.

(c) Effect of Filing Amended or Modified Chapter 13 Plan. Upon the filing of an amended or modified chapter 13 plan, any pending objections to the previous proposed chapter 13 plan shall automatically be continued to the same date and time as the confirmation hearing on the amended or modified chapter 13 plan.