Local Rule L.R. 3015-5: Chapter 12 and 13 Plans - Post-Confirmation Amendments and Modifications.

L.R. 3015-5 - Chapter 12 and 13 Plans - Post-Confirmation Amendments and Modifications. A. Motion to Approve or Confirm an Amended Plan. A debtor who seeks to amend a confirmed plan must do so by motion. Such a motion must include a brief but specific statement of the reason for the amendment and must identify all changes to the plan terms. In conjunction with the motion to amend, the debtor must file an amended plan and either an amended budget or a statement that there has been no change in the debtor's income and expenses. Such statement or amended budget must be signed by the debtor.

B. Service of Motion to Approve or Confirm an Amended Plan. 1. Generally. The debtor must serve a copy of the motion to amend, the amended plan and either an amended budget or statement that there has been no change in income or expenses on the Trustee and on all creditors and parties in interest. The debtor must contact the Courtroom Deputy to have the motion to amend and the amended plan scheduled for hearing on the next confirmation calendar that is not sooner than twenty-one (21) days after service of the motion to amend. The debtor must send notice of the confirmation hearing to all parties served with the motion and amended plan. The date, time, and location of the confirmation hearing must be stated in the caption of the amended plan. 2. Limited Service. Unless otherwise directed, service of the motion to amend a confirmed plan, the amended plan and either an amended budget or statement that there has been no change in income or expenses may be limited to the Trustee if the proposed amended plan only changes the terms of the confirmed plan by increasing the amount of the plan payment or plan duration.

C. Objections to Motion to Approve or Confirm an Amended Plan. Objections to the debtor's motion to amend a confirmed plan and to the proposed amended plan must be filed and served on the debtor (if unrepresented by an attorney), the debtor's attorney (if any), and the Trustee no later than twenty-one (21) days after service of the motion to amend, the amended plan and an amended budget or statement that there has been no change in income or expenses. Failure to appear or prosecute an objection at the confirmation hearing will be considered an abandonment of the objection.

D. Confirmation and Trustee's Certification. The Trustee will submit a certification of confirmable plan and confirmation order with respect to an amended plan, provided: 1. no objections to confirmation have been filed, or all objections have been resolved; 2. all payments due the Trustee from the debtor under the amended plan are substantially current under L.R. 3015-4 (E); and 3. the provisions of Bankruptcy Code §§ 1325 or 1225, as applicable, have been met.