Local Rule 3019-1: MODIFICATION OF CONFIRMED PLAN IN A CHAPTER 11 REORGANIZATION CASE.

Local Rule of Bankruptcy Procedure 3019-1. MODIFICATION OF CONFIRMED PLAN IN A CHAPTER 11 REORGANIZATION CASE.

(a) Required Information (Non-Subch. V Cases) A proponent requesting the modification of a confirmed plan of reorganization in a case filed under Chapter 11 which is not governed by Subchapter V, must file the modified plan, together with a motion seeking confirmation of the modified plan which specifies the precise changes sought by the modification including, but not limited to, the following: (1) the purpose of, or the necessity for, the modification, together with sufficient information regarding such circumstances, including financial information, that would enable a hypothetical investor to make an informed judgment regarding the legitimacy of the need for the modification; and (2) the specific changes being made as to any plan payment, the term of the plan; the proposed distribution to any class, or any other substantive provision.

(b) Required Information (Subch. V Cases) A proponent requesting the modification of a confirmed plan of reorganization in a case governed by Subchapter V of Chapter 11 must file the modified plan, together with a motion seeking confirmation of the modified plan which specifies the precise changes sought by the modification including, but not limited to, the following: (1) the purpose of, or the necessity for, the modification, together with a sufficient description of all circumstances, including financial information, that establishes a legitimate need for the modification; and (2) the specific changes being made as to any plan payment, the term of the plan; the proposed distribution to any class, or any other substantive provision.

(c) Service A proponent requesting the post-confirmation modification of a Chapter 11 plan of reorganization in any Chapter 11 case must serve the proposed modified plan and the accompanying motion upon the master mailing list (matrix) as constituted by the Court on the date of service and file a certificate of service evidencing such service. The motion must also contain the following 28-day negative notice language, which must appear as presented and be located in the motion text — preferably on the initial page:

28-DAY NEGATIVE NOTICE – LBR 3019(b):

Your rights may be affected by the plan modifications sought in this pleading. You should read this pleading carefully and discuss it with your attorney, if you have one in this bankruptcy case. If you oppose the relief sought by this pleading, you must file a written objection, explaining the factual and/or legal basis for opposing the relief.

No hearing will be conducted on this Motion unless a written objection is filed with the Clerk of the United States Bankruptcy Court and served upon the party filing this pleading WITHIN TWENTY-EIGHT (28) DAYS FROM THE DATE OF SERVICE shown in the certificate of service unless the Court shortens or extends the time for filing such objection. If no objection is timely served and filed, this pleading shall be deemed to be unopposed, and the Court may enter an order confirming this plan modification. If an objection is filed and served in a timely manner, the Court will thereafter set a hearing with appropriate notice. If you fail to appear at the hearing, your objection may be stricken. The Court reserves the right to set a hearing on any matter.

Modifications shall be handled in accordance with the Court's usual motion procedures.