Local Rule 3019-2: Chapter 11 Modification of Plan After Confirmation.

Rule 3019-2. Chapter 11 Modification of Plan After Confirmation.

(a) Content of motion. A motion to modify a confirmed chapter 11 plan shall include:

(1) the name of each affected creditor or class of creditors;

(2) a detailed description of each proposed change to the confirmed plan;

(3) statements of the debtor's current and prior years' actual income and expenses;

(4) a statement of the debtor's projected income and expenses for the remaining term of the plan;

(5) a current liquidation analysis; and

(6) a statement of any change to the last plan payment date.

(b) Notice. The notice of a motion to modify a confirmed chapter 11 plan shall conform to Bankr. D.S.D. R. 2002-1(a) and shall set forth a last date (month, day, year) for filing an objection or other response that is 21 days after service of the motion and the notice of motion.

(c) Service. The motion to modify a confirmed plan and the notice shall be served 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 and any party who has filed a notice of appearance.

(d) Required content of a proposed order. A proposed order granting a motion to modify a confirmed chapter 11 plan shall conform to Appendix 3D and shall include a statement of any change in the date of the last payment under the plan.

REFERENCES: 11 U.S.C. § 1127 or § 1193; Fed.Rs.Bankr.P. 2002(a)(5) and 3019(b).

Practice Pointers: If any party is served by mail or under the provisions of Fed.R.Civ.P. 5(b)(2)(D) [leave with clerk] or (F) [other means consented to], the notice period stated above shall be increased three days pursuant to Fed.R.Bankr.P. 9006(f).

Most often, the movant will need to serve a motion to modify a confirmed 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. 3019-1 (modification of a chapter 11 plan before confirmation).