Local Rule 3015-4: Chapter 12 or Chapter 13 Modification of Plan Before Confirmation.

Rule 3015-4. Chapter 12 or Chapter 13 Modification of Plan Before Confirmation.

(a) Content and notice. A proposed chapter 12 or chapter 13 plan that is modified before confirmation shall:

(1) comply with Bankr. D.S.D. R. 3015-2; and

(2) be entitled "MODIFIED PLAN DATED [insert the date the debtor signs the modified plan]."

(b) Service. The debtor's modified plan and the Clerk's notice of confirmation hearing shall be served by the debtor on parties in interest not electronically served, including, but not limited to, any creditor or other party in interest that may be adversely affected by the modification, any party who has filed an objection to a previously filed plan, and any party who has filed a notice of appearance.

(c) Effect of filing and serving a modified plan. If a debtor in good faith serves a notice of a confirmation hearing on a modified plan as provided by these rules, the previously filed plan and any objection to the previously filed plan shall be deemed moot and any previously scheduled confirmation hearing will be cancelled without further notice, unless otherwise ordered.

REFERENCES: 11 U.S.C. §§ 1222, 1223, 1224, and 1225; Fed.Rs.Bankr.P. 2002(a)(8) and 3015.

Practice Pointers: Most often, a debtor will need to serve a modified plan on all creditors and other parties in interest not electronically served because the effect of the modification is difficult to ascertain or because the modification affects feasibility of the plan, which makes every creditor a party adversely affected by the modification.

Compare Bankr. D.S.D. R. 3015-5 (modification of a plan after confirmation).