Local Rule 3015-1: CHAPTER 13 - PLAN

BANKRUPTCY LOCAL RULE 3015-1 CHAPTER 13 - PLAN

(a) Form Plan. Unless the court orders otherwise, a plan filed in a chapter 13 case must substantially conform to the local form plan (Chapter 13 Plan [GUB 113]). The language of the form plan may not be altered. The debtor may propose additional or different plan provisions only by setting them out in the "Non-standard Provisions" section of the plan.

(b) Dismissal Upon Failure to File Plan. If a plan is not filed with a chapter 13 petition or prior to an order converting the case chapter 13, the clerk is authorized to issue an order to satisfy the deficiency. The order may include a notice that failure to file the plan within 14 days may result in dismissal of the case without further notice, unless or before the deadline the court enters an order extending the time to file the plan. An order dismissing the case under this provision shall include a 180-day bar to refiling a subsequent petition as authorized by § 109(g)(1).

(c) Extension of Time to File Plan. A debtor may request an extension of time to file a plan by filing and serving on the trustee and United States Trustee a motion substantially conforming to the local form (Debtor's Motion to Extend Time to File Case Opening Documents [GUB 1007-1a3]). Consideration of the motion may be expedited if the motion includes the trustee's signature indicating that there is no objection to the request.

(d) Motion to Reconsider Dismissal. A debtor whose case has been dismissed for failure to file a plan may request the court to reconsider the order dismissing the case by filing a proposed plan and motion substantially conforming to the local form (Debtor's Motion to Reconsider Order Dismissing Case [GUB 1007-1c]).

(e) Request to Value Collateral to Determine Amount of Secured Claim. If the plan includes a request to value the collateral under § 506(a), the plan must include an addendum that substantially conforms to the local form (Attachment A: Addendum to Section 4.5 [GUB 113A]). Any supporting documents, such as appraisals, declarations, exhibits, and memoranda, shall be identified appropriately and appended to the addendum. Each addendum is limited to a single piece of real or personal property unless all interests being determined are secured by the same aggregate of collateral. Otherwise, requests involving different collateral must be made in additional, separate addenda.

(f) Request to Avoid a Lien. If the plan includes a request to avoid a lien under § 522(f), the plan must include an addendum that substantially conforms to the local form (Attachment B: Addendum to Section 4.7 [GUB 113B]). Any supporting documents, such as appraisals, declarations, exhibits, and memoranda, shall be identified appropriately and appended to the attachment. Additional requests to avoid liens must be made in additional, separate addenda.

(g) Service of Plan.

(1) Debtor required to serve plan. The debtor shall serve the plan and any amended plan on the trustee, each lienholder, and any other party holding an interest in the subject property.

(2) Manner of Service. The debtor shall serve the plan in the same manner as required for giving notice under Bankruptcy Rule 2002 of the time fixed for filing objections to confirmation of the plan. If the plan includes a request to avoid a lien or to determine the value the collateral, the plan and addenda must be served on each affected creditor in the manner provided for service of a summons and complaint by Bankruptcy Rule 7004.

BKLR 3015-1 Related Local Forms: • Chapter 13 Plan [GUB 113] • Motion to Extend Time to File Case Opening Documents [GUB 1007-1a3] • Debtor's Motion to Reconsider Order Dismissing Case [GUB 1007-1c] • Attachment A: Addendum to Section 4.5 [GUB 113A] • Attachment B: Addendum to Section 4.7 [GUB 113B]