Local Rule 3015-2: CHAPTER 13 — AMENDMENTS TO PLANS

RULE 3015-2. CHAPTER 13 — AMENDMENTS TO PLANS

(a) Modification of Confirmed Plans.

(1) Procedure. Except as provided in paragraph (7) of this subdivision, a debtor seeking to modify a confirmed Chapter 13 plan must file— (i) a motion to modify the plan; (ii) the proposed modified plan; (iii) a Notice conforming to Local Form 3015.2; and (iv) if the motion seeks to reduce plan payments, amended Schedules I and J.

(2) Contents of Motion. The motion to modify must include— (i) a summary of the changes set forth in the proposed modified plan; and (ii) the reason for the modification.

(3) Contents of Notice. The date specified in the Notice for the meeting with the Chapter 13 trustee must be designated by the debtor on a day prearranged by the trustee and must be at least 21 days after service of the motion, plan, and notice.

(4) Service of the Motion. The motion must contain a certificate evidencing service of the motion, the proposed modified plan, and the Notice on the Chapter 13 trustee and all affected creditors and parties in interest. The Chapter 13 trustee must also be served with copies of the amended schedules.

(5) Objections to the Motion. To be timely, an objection to the motion to modify must be filed with the clerk of court before the scheduled time of the original or any continued meeting with the Chapter 13 trustee, except that an objection will be timely if it is announced on the record during a meeting and then formally filed with the clerk of court on or before the day the meeting is concluded. An objection filed beyond the time fixed in this rule will not be considered unless the court, for cause, extends the time. An objection must set forth the grounds relied on by the objecting party and must contain a certificate evidencing service on the debtor, the debtor's attorney, and the Chapter 13 trustee.

(6) Court Consideration of Motion. If no objection to the proposed modification is filed, the court may approve the modification without a hearing. In that event, the Chapter 13 trustee must promptly tender an order approving the modification, bearing the signature of the trustee, in the form required by Local Form 3015.3. If a party in interest objects to confirmation of the modified plan, the court will conduct a hearing, which (absent a contrary agreement of the objecting party and the debtor) will be— (i) in the Northeastern and Northern Divisions, the first scheduled time for confirmation hearings that is at least 7 days after the completion of the meeting with the Chapter 13 trustee; or (ii) in the Southern and Winchester Divisions, the first scheduled time for confirmation hearings that is at least 14 days after the completion of the meeting with the Chapter 13 trustee.

(7) Agreed Order. Notwithstanding the foregoing, a plan may be modified by an agreed order signed by the debtor's attorney and the trustee if the modification would not adversely affect any creditor and the agreed order so certifies.

(b) Preconfirmation Amendments. Where the debtor desires to amend a plan before confirmation and the amendment will materially adversely affect creditors, the amendment must be made by filing a new plan identified as an amended plan. The amended plan must be accompanied by— (1) a Notice conforming to Local Form 3015.4; and (2) a certificate evidencing service of the amended plan and the Notice on the Chapter 13 trustee and all affected creditors and parties in interest. Thereafter, the confirmation process will be governed by E.D. Tenn. LBR 3015-3.