Local Rule Rule 3015-1: Chapter 13 Plan and Modifications

Rule 3015-1. Chapter 13 Plan and Modifications

(a) Forms. In a chapter 13 case, the following Local Forms shall be used:

(1) Form 2—Chapter 13 Plan;

(2) Form 2A—Notice of Hearing on Confirmation of Chapter 13 Plan;

(3) Form 2B—Proposed Order Confirming Chapter 13 Plan;

(4) Form 2C—Certificate of Service of Notice of Hearing on Confirmation of Chapter 13 Plan; and

(5) Form 2D—Proposed Order Granting Motion to Modify and Approving the Modified Plan.

(b) Modifications. Any party filing a modified plan under § 1323 of the Code or moving to modify a confirmed plan under § 1329 of the Code shall use Local Form 2—Chapter 13 Plan, and any modified sections of the plan shall be identified on the first page of the plan. A motion to modify a confirmed plan under § 1329 of the Code shall identify the reason for the requested modification.

(c) Service and Notice of Hearing. Except as provided in Local Rule 2002-1(a)(5), the debtor or the movant shall serve the plan, modified plan, or any motion to modify and provide notice to the trustee and all creditors of (1) the date, time, and location of the hearing to consider confirmation or modification of the chapter 13 plan; and (2) the deadline to object.

(d) Pre-Confirmation Personal Property Lease and Adequate Protection Payments by the Trustee. If a chapter 13 plan proposes that the trustee pay creditors under § 1326(a)(1)(B) or (C) of the Code, then the trustee is authorized to make such payments. If the plan is subsequently modified to alter or eliminate the trustee's payments under § 1326(a)(1)(B) or (C) of the Code, then the trustee's authorization shall be modified accordingly as of the date the proposed modification is filed.