Local Rule LBR 3015-2: Chapter 13 - Plan Amendment and Modification

LBR 3015-2. Chapter 13 - Plan Amendment and Modification

(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 (H113). The debtor must check the box labeled "Amended" and indicate the date and time of the hearing on confirmation of the amended plan.

(2) Requests for Valuation and Avoidance of a Lien. An amended plan that includes a request for valuation of collateral (Attachment A) or avoidance of a lien (Attachment B) must be served on a secured creditor as required by Bankruptcy Rule 7004 even if the particular request has not been amended.

(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 LBR 3015-3(a).

(4) Amendments Stated Orally at Confirmation Hearing. The trustee may request that the court confirm a chapter 13 plan with amendments stated orally at the confirmation hearing if the amendments do not prejudice any creditor.

(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). 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 7 days before the motion's hearing date.

(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, must be made pursuant to LBR 9013-1(c), except that a response to the motion must be filed not later than 7 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). The trustee is not required to file a certificate of service if the clerk serves the trustee's motion and notice using the court's transmission facilities.