Local Rule 3015-2: MODIFICATIONS TO CHAPTER 13 PLAN

LOCAL RULE 3015-2: MODIFICATIONS TO CHAPTER 13 PLAN a. Before confirmation. The debtor must complete, serve, and file with the Court the local form plan required by SC LBR 3015-1 with the boxes checked indicating a pre-confirmation modification. If necessary to comply with the response and notice requirements, CM/ECF filers (see SC LBR 5005-4(b)) must also file and serve the local form Notice of Confirmation Hearing.

b. After confirmation. The debtor must complete and file the local form plan required by SC LBR 3015-1 with the boxes checked indicating a post-confirmation modification. CM/ECF filers (see SC LBR 5005(4)), but not pro se individuals, must also file and serve the local form Motion to Modify Plan After Confirmation and Opportunity for Hearing. Service may be made only on parties who may be, or are, adversely affected by the modification.

c. Exceptions for certain plan payment increases. Plan payments may be increased for the purpose of providing adequate funding of a proposed plan or a confirmed plan upon the filing of a stipulation of the debtor and trustee without otherwise modifying such proposed or confirmed plan. Plan payments may also be increased upon the Trustee's Notice of Plan Payment Change in a Conduit Plan. Such change in plan payment may decrease the dividend to general unsecured creditors unless the debtor is required to pay a specific dividend to general unsecured creditors under 11 U.S.C. § 1325(a) or (b), in which instance a modified plan must be proposed.

Notes:

(2025) The rule was revised to clarify the noticing requirements for CM/ECF filers and pro se filers.