Local Rule 3019-1: Chapter 11 Modification of Plan Before Confirmation.

Rule 3019-1. Chapter 11 Modification of Plan Before Confirmation.

(a) Content and notice. A proposed chapter 11 plan that is modified before confirmation shall:

(1) be entitled "[insert name of proponent]'S MODIFIED PLAN DATED [insert the date the proponent signs the modified plan]," e.g., "DEBTOR'S MODIFIED PLAN DATED DECEMBER 16, 2025"; and

(2) comply with Bankr. D.S.D. R. 3016-1(a)(2), (3), and (4).

(b) Service. The modified plan, the order setting the confirmation hearing on the modified plan, and, if directed by the Court, a disclosure statement that comports to the modified plan, shall be served by the proponent 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 proponent in good faith files a modified plan as provided by these rules, the previously filed plan by the same proponent and any objections to that previously filed plan shall be deemed moot and any confirmation hearing on the previously filed plan will be cancelled without further notice, unless otherwise ordered.

REFERENCES: 11 U.S.C. §§ 1122, 1123, 1127, 1190, and 1193(a); Fed.Rs.Bankr.P. 2002(b) and 3019(a).

Practice Pointers: Most often, a proponent 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 may affect the feasibility of the plan, which makes every creditor a party adversely affected by the modification.

Compare Bankr. D.S.D. R. 3019-2 (modification of a chapter 11 plan after confirmation).