Local Rule 3015-2: CHAPTER 13 – AMENDMENTS TO PLANS
Bankr. D. Guam — General rule
BANKRUPTCY LOCAL RULE 3015-2 CHAPTER 13 – AMENDMENTS TO PLANS
(a) Amendment of Plan Before Confirmation.
(1) Amended Plan. The debtor may file an amended chapter 13 plan any time before confirmation by filing and serving on all creditors a plan substantially conforming to the local form plan (Chapter 13 Plan [GUB 113]). The debtor must check the box labeled "Amended" and indicate the date of the plan on the first page.
(2) Plan Motions. If the terms of an amended plan are inconsistent with any plan motions filed with the original plan, the debtor must file an amended plan motion.
(3) Objections.
(A) Prior Objection Deemed Moot. An objection to a chapter 13 plan becomes moot upon the filing of an amended plan. If a party remains opposed to confirmation of an amended plan, the party must file a new objection.
(B) Deadline to Object. An objection to an amended plan must be filed not later than the time specified in BKLR 3015-3(a).
(4) Amended Plan Payments. If the debtor has filed an amended plan prior to confirmation, the plan payments that come due after the date the amended plan is filed must be made in the amount stated in the amended plan, which may be higher or lower than the amount stated in the original plan. Where successive amended plans are filed, any plan payment that comes due must be made in the amount stated in the most recently filed amended plan.
(b) Modification of Plan After Confirmation.
(1) Debtor's Motion.
(A) Form of Motion and Notice. The debtor may request modification of a confirmed plan by filing a motion and notice of hearing substantially conforming to the local form (Debtor's Motion to Modify Confirmed Plan; Notice of Hearing [GUB 3015-2b1]). A copy of the entire plan as modified need not be filed so long as the motion describes with specificity the proposed modifications to the plan then in effect.
(B) Service. A debtor's motion and notice must be served promptly on the trustee and:
(i) all creditors and parties in interest; or
(ii) if the motion is filed after the deadline to file a proof of claim, only those parties who have filed a proof of claim.
(C) Objections. An objection to a debtor's motion to modify a confirmed chapter 13 plan must be filed not later than 14 days before the motion's hearing date. If there are no objections, the court can grant the motion and vacate the hearing.
(2) Motion by Trustee or Creditor. A motion to modify a confirmed chapter 13 plan brought by a party other than the debtor, including the trustee's motion to extend the plan's duration, except that a response to the motion must be filed not later than 14 days before the hearing date. The trustee may request a plan extension up to 60 months after the time the first payment was due under the confirmed plan by filing a motion and notice of hearing substantially conforming to the local form (Trustee's Motion to Extend Plan; Notice of Hearing [GUB 3015-2b2]).
BKLR 3015-2 Related Local Forms: • Chapter 13 Plan [GUB 113] • Debtor's Motion to Modify Confirmed Plan; Notice of Hearing [GUB 3015-2b1] • Trustee's Motion to Extend Plan; Notice of Hearing [GUB 3015-2b2]