Local Rule Rule 3015-1: Chapter 12 or 13 − Filing Plans, Modifying Plans, and Objecting to Confirmation

Rule 3015-1. Chapter 12 or 13 − Filing Plans, Modifying Plans, and Objecting to Confirmation

(a) CHAPTER 13 PLAN FORM. A chapter 13 plan must conform to Local Form 3015-1.

(b) INITIAL PLAN. The clerk will include the initial chapter 12 or 13 plan with the meeting of creditors notice. However, in accordance with Federal Rule of Bankruptcy Procedure 3015(d), if the initial chapter 12 or 13 plan is filed after the clerk sends the meeting of creditors notice, the chapter 12 or 13 debtor must serve the plan and give notice of the confirmation hearing as provided in Federal Rule of Bankruptcy Procedure 2002 and file proof of such service and notice.

(c) MODIFICATIONS. A chapter 12 or 13 debtor must file and serve the modified plan, or a motion to modify the plan, as applicable, and give notice of the confirmation hearing, including the date, time, and place of the hearing and the objection deadline, as provided in Federal Rule of Bankruptcy Procedure 2002 and file proof of such service and notice.

(d) OBJECTIONS. For purposes of Federal Rules of Bankruptcy Procedure 3015(f) and (h) and 9014(a), any objection to confirmation of a chapter 12 or 13 plan need only comply with Local Rules 9006-1(b) and 9013-1(b) and (c).

[Effective April 15, 1997. Amended effective January 9, 2006; October 1, 2019; January 1, 2021; September 3, 2025.]

2025 Advisory Committee Notes The title of Local Rule 3015-1 was amended to include chapter 12 cases. Subsection (a) was amended to remove unnecessary language about signatures and dates. That subsection requires that a chapter 13 plan conform to Local Form 3015-1, which has placeholders for signatures and dates. Signatures are addressed in Local Rule 9011-1. Local Form 3015-1 was amended to remove language referring to abrogated Local Rule 3012-1. Local Form 3015-1 was further amended to, among other things, identify or address: (1) all security interest holders or lienholders whose interests or liens are subject to avoidance; (2) the treatment of tax returns; (3) cure payments; and (4) lien avoidance.

Subsection (b) was amended to include chapter 12 cases and to make clear that if the debtor files a plan after the clerk sends the meeting of creditors notice, the debtor must serve the plan and give notice of the confirmation hearing.

Subsection (c) was amended to include chapter 12 cases and to address modifications generally, whether the modification is pre-confirmation or post-confirmation. See, e.g., 11 U.S.C. § 1323(a)–(b) ("The debtor may modify the plan at any time before confirmation . . . After the debtor files a modification under this section, the plan as modified becomes the plan."). The ten-day filing period was removed to ensure consistency with Fed. R. Bankr. P. 2002(a)(8)–(9) and (b). Subsection (d) was removed as unnecessary. Both 11 U.S.C. §§ 1229(b)(2) and 1329(b)(2) imply that court approval of the modification is required. Moreover, Fed. R. Bankr. P. 3015(h) mentions "[a] request to modify a confirmed plan." A request for court approval, or a court order, must generally be made by motion under Fed. R. Bankr. P. 9013(a). Further, Fed. R. Bankr. P. 3015(h) already requires 21 days' notice of the time for filing objections to the proposed modification. See also Fed. R. Bankr. P. 3015(h) advisory committee's note to 2017 amendment ("Unless required by another rule, service under this subdivision [of the proposed modification] does not need to be made in the manner provided for service of a summons and complaint by Rule 7004.") For a chapter 13 debtor seeking a reduction in plan payments, the debtor may attach to the motion proof of the debtor's current monthly income and expenses using the format of Schedules I, J, and J-2, as applicable. When submitted with a motion to modify the plan, Schedules I, J, and J-2 will not be considered amended schedules.

Subsection (e) was renumbered to subsection (d). It makes clear that for purposes of Federal Rules of Bankruptcy Procedure 3015(f) and (h) and 9014(a), any objection to confirmation of a chapter 12 or 13 plan need only comply with Local Rules 9006-1(b) and 9013-1(b) and (c). For example, no notice of hearing and motion is required. The confirmation hearing is the relevant hearing for purposes of the objection and no separate notice of hearing is required. However, parties must still comply with the service requirements of Fed. R. Bankr. P. 3015, 9014(b), and 7004, as well as Local Rules 9013-2 and 9036-1. The remainder of former subsection (d) was removed to ensure consistency with Fed. R. Bankr. P. 3015(f) and (h) and Local Rule 9006-1(b).

Subsection (f) was removed as unnecessary and to ensure consistency with Fed. R. Bankr. P. 3015(f)(2), which states, "If no objection is timely filed, the court may, without receiving evidence, determine that the plan has been proposed in good faith and not by any means forbidden by law."