Local Rule LR 3015-1: Chapter 13 Plans

LR 3015-1 Chapter 13 Plans

(a) Mandatory model plan. All chapter 13 debtors must use the chapter 13 model plan included in the Appendix to these Local Rules.

(b) Service of plan. Notwithstanding any other subsection of this Local Rule, the debtor must ensure proper service of the plan on the United States trustee, the chapter 13 trustee, and on all creditors, including in the manner provided in Fed. R. Bankr. P. 3012(b) when the plan provides a request to determine the amount of a secured claim held by a nongovernmental entity.

(1) If the debtor files the plan with the petition, the Clerk, through the Bankruptcy Noticing Center, will serve the plan on all persons then listed on the Matrix.

(2) If the debtor files the plan after the petition, the debtor must serve the plan and file proof of that service.

(3) The debtor must serve the plan on all creditors added to the schedules or Matrix after the Clerk or the debtor serves the plan, and file proof of that service.

(c) Modification of chapter 13 plan under 11 U.S.C. § 1323 before confirmation and objections.

(1) To modify a chapter 13 plan under 11 U.S.C. § 1323, the debtor must file and serve the modification using a local form included in the Appendix.

(2) A preconfirmation modification supersedes all prior modifications and must restate, without incorporation by reference, the effective terms of all preceding modifications. Any term stated in a previous modification that is not restated in a subsequent modification is not part of the plan.

(3) Unless the court otherwise orders, a debtor filing a preconfirmation plan modification must serve the modified plan and notice of the objection period on the trustee, United States trustee, and all creditors.

(4) If an objection is filed, the court or an entity the court designates will give notice of the hearing to the debtor or other moving party, objecting party, trustee, and United States trustee. An objection to a proposed modified plan is governed by Fed. R. Bankr. P. 9014.

(d) Deadline to object to confirmation of chapter 13 plan under 11 U.S.C. § 1325. Unless the court orders otherwise, the deadline to object to confirmation of the debtor's proposed chapter 13 plan is the later of 28 days after the trustee concludes the meeting of creditors or 21 days after the filing of a modification under 11 U.S.C. § 1323.

(e) Motions to modify a confirmed chapter 13 plan under 11 U.S.C. § 1329.

(1) Any party who moves to modify a plan after confirmation under 11 U.S.C. § 1329 must file and serve the modification using a local form included in the Appendix.

(2) A party moving to modify a confirmed chapter 13 plan must serve the motion and notice of a 21-day objection period on the debtor, trustee, United States trustee, and all creditors.

(3) An objection to a motion to modify a confirmed chapter 13 plan must be filed and served on the moving party, the chapter 13 trustee, the United States trustee no later than 21 days after service of the motion.

(4) A debtor's motion to modify a confirmed chapter 13 plan may include a request for the approval of attorney's fees in the presumed reasonable amount listed in the Appendix to these Local Rules for filing and prosecuting the motion.

(5) A motion to modify a confirmed chapter 13 plan is a distinct contested matter and does not supersede previously filed motions to modify the confirmed plan, even if the previously filed motions are unadjudicated and filed by the same party.