Local Rule LBR 3015-5: Chapter 13 — Modification of Plan After Confirmation

LBR 3015-5 Chapter 13 — Modification of Plan After Confirmation

(a) Post-Confirmation Modification. A motion to modify a chapter 13 plan shall include a copy of the amended plan in the form of LBF 3015-1A. Failure to use the required form may result in denial of the motion to modify without prejudice to the movant refiling it in the proper form. The motion shall include a statement of the reason for the modification. In conjunction with a motion to modify filed by the debtor, the debtor shall file amended schedules of income and expenses, if applicable.

(b) Objection Deadline. Any objection to modifying a chapter 13 plan shall be filed no later than fourteen (14) days before the date set for the hearing on the motion to modify.

(c) Service. The motion, modified plan and a notice of hearing shall be served on the debtor, the chapter 13 trustee, United States Trustee, and all creditors and parties who have requested notice. Each modified plan shall be titled "Modified Plan Dated _________."

(d) Contingent Confirmation Hearings. Hearings on motions to modify plans after confirmation shall be contingent. The movant shall provide notice of the hearing in the form of LBF 3015-1C and the court may enter an order confirming the debtor's plan without a hearing if:

(1) the debtor proposes and serves a modified plan in the form of LBF 3015-1A that meets all of the requirements of chapter 13 and complies with all provisions of the LBRs;

(2) no objections to confirmation are pending; and

(3) the chapter 13 trustee files a written recommendation that the plan should be modified.