Local Rule Rule 3015-2: Modification of Plan in a Chapter 13 Case

Rule 3015-2 Modification of Plan in a Chapter 13 Case

(a) Pre-Confirmation Modification of Plan.

(1) In a chapter 13 case, a pre-confirmation modification of a proposed plan that does not materially and adversely affect any party in interest may be incorporated in the proposed order confirming the plan.

(2) A pre-confirmation modification to a proposed plan that materially and adversely affects any party in interest: (A) may be incorporated in the proposed order confirming the plan that is executed by the adversely affected party; or in the alternative, (B) must be incorporated into a completely restated plan that must be dated and identified as "First Modified Plan," "Second Modified Plan," etc., as the case may be. The debtor must serve a copy of the modified plan on all creditors and parties in interest that are adversely affected by the modification and file a certificate of service. The debtor must attach to the plan the papers required under Local Rule 3015-1(b).

(3) All amended schedules that are necessary for confirmation of a modified plan must be filed prior to or contemporaneously with the modified plan.

(b) Post-Confirmation Plan Modification.

(1) The proponent of a post-confirmation plan modification must: (A) serve the modification as required by F.R.Bankr.P. 3015(h) and file a certificate of service; (B) comply with Local Rule 3015-1(b); (C) state with specificity the impact of the proposed plan modification on each class of creditors; (D) file the form "Notice of Deadline to Object to Chapter 13 Plan Modification," available on the court's website; and (E) file the post-confirmation plan modification using the ECF event, "Chapter 13 Post-Confirmation Plan Modification."

(2) If a timely objection is filed, the court will schedule a hearing with notice of such hearing given to the debtor, the proponent of the plan modification, the trustee and any objecting parties.

(3) A post-confirmation plan modification may not be proposed by motion. If a post-confirmation plan modification is proposed by motion, the court will enter an order denying it without prejudice to the proponent's right to properly file a proposed post-confirmation plan modification.

(4) If the post-confirmation plan modification is proposed by the debtor, the debtor must file, either prior to or contemporaneously with the modified plan, all amended schedules that are necessary for the approval of the plan modification, and a proposed order modifying the plan.

(5) If no timely responses are filed to a proposed post-confirmation plan modification, the proponent may file a certificate of no response and request entry of an order approving the plan modification.

(6) A post-confirmation plan modification will only become effective when the court enters an order approving the plan modification, either upon the filing of a certificate of no response or after ruling on all objections to the plan modification.

(7) If the post-confirmation plan modification provides for a surrender of real property to a secured creditor, the requirements of Local Rule 3001-2 are terminated as to that creditor upon entry of an order approving the plan modification.

(8) If the post-confirmation plan modification provides for a surrender of property to a secured creditor, the automatic stay, and any applicable co-debtor automatic stay, are terminated as to that creditor upon entry of an order approving the plan modification.

(c) Payment of a § 1305(a) Post-Petition Claim.

(1) The debtor must serve a notice of the filing of a § 1305(a) post-petition claim on all creditors whose claims are allowed and file a certificate of service. The notice must state: the name of the post-petition creditor; the amount of the claim; the nature of the debt; the impact that allowance of the claim would have upon disbursements to other creditors; and the following procedural information: "If no objection to paying the post-petition claim as provided for in the plan is filed within 14 days, the trustee may pay the claim in the manner provided in the plan. If you have any objection to the claim itself or to the effect that payment of the claim will have on your dividend, then you must file a written objection within 14 days or the objection will be deemed waived." The debtor must file a certificate of service of such notice.

(2) If no party files an objection, the chapter 13 trustee may disburse payments to a creditor that has filed a post-petition proof of claim commencing 18 days after the notice is served. If a party timely files an objection, the court will schedule a hearing with notice to the debtor, the creditor and the trustee.