Local Rule 3015-1: CHAPTER 13 PLAN
Bankr. E.D.N.Y. — General rule
Rule 3015-1 CHAPTER 13 PLAN
(a) Form of Plan.
In a chapter 13 case, any plan that is filed shall conform to the E.D.N.Y. Form Chapter 13 Plan, available at (https://www.nyeb.uscourts.gov/forms/chapter-13-plan).
(b) Service of Plan.
Unless the plan is filed together with the petition, a chapter 13 debtor shall serve the chapter 13 plan on the trustee and all creditors within 7 days of filing the chapter 13 plan and at least 28 days before the confirmation hearing, and file proof of service thereof.
(i) If, pursuant to section 3.7 of the chapter 13 plan, a chapter 13 debtor(s) elects to surrender the collateral securing a creditor's claim and requests that, upon confirmation of the chapter 13 plan the stay under Bankruptcy Code § 362(a) be terminated as to the collateral and that the stay under Bankruptcy Code § 1301 be terminated, the affected creditor(s) may request entry of an order confirming termination of the stay following the procedure set out in E.D.N.Y. LBR 4001-2; such request may not be made until the order confirming the Plan has become final.
(c) Notice and Hearing for Attorney's Fees To Be Treated as Administrative Expense.
If the compensation, or any portion thereof, of the attorney for a chapter 13 debtor is to be treated as an administrative expense under the chapter 13 plan, the attorney shall provide notice of that fact to the debtor, the trustee, the United States trustee, and all creditors. Separate notices shall not be required if the plan, or a summary of the chapter 13 plan, states the date(s) and amount of any payments to be made to the attorney, and is served upon all parties in interest at least 14 days prior to the confirmation hearing.