Local Rule RULE 3015-4: CHAPTERS 12 AND 13 – MODIFICATION TO PLAN PRIOR TO AND AFTER CONFIRMATION
Bankr. N.D.N.Y. — General rule
RULE 3015-4 CHAPTERS 12 AND 13 – MODIFICATION TO PLAN PRIOR TO AND AFTER CONFIRMATION
(a) Modification of Plan Prior to Confirmation
(1) Format. A debtor seeking to modify a plan prior to confirmation shall use the Model Plan and check the box in the caption to indicate the Chapter 13 Plan is "Amended" (the "Amended Plan") and provide the date thereof.
(2) Procedure. The Amended Plan shall be filed and served on the trustee, the United States trustee, and all creditors that are being detrimentally affected by the proposed modification. The Amended Plan shall be served with Notice of Time Fixed for Filing Objections To and the Hearing to Consider Confirmation of Chapter 13 Plan not later than 28 days prior to the hearing. Not later than seven (7) days prior to the hearing, the debtor shall file a certificate of service evidencing compliance with this Rule.
(3) Objections to an Amended Plan. An objection to confirmation of an Amended plan must be filed and served on the debtor, debtor's attorney, and the trustee not later than seven (7) days prior to the confirmation hearing.
(b) Modification of Plan After Confirmation.
(1) Format. A debtor seeking to modify a plan after confirmation shall file a notice of motion and motion to modify confirmed plan in the format and with the disclosures set forth herein.
(2) Procedure. A Court order is required to modify a confirmed plan. A debtor, trustee, or holder of an allowed unsecured claim seeking to modify a confirmed plan shall:
(A) File a notice of motion and a motion to modify confirmed plan;
(B) Except as provided in Fed. R. Bankr. P. 2002(h)(1), serve the notice of motion on all creditors, and serve the notice of motion and motion to modify plan on the trustee, the debtor, and, if the debtor is not the movant, the debtor's attorney; and
(C) File a certificate of service not later than seven (7) days prior to the return date of the motion.
(3) Notice of Motion. The notice of motion to modify confirmed plan shall include the following disclosures:
(A) A clear statement of the proposed modification, with specific reference to the provisions of the previously filed plan that are being modified;
(B) Any change in the dividend to be paid to unsecured creditors, indicating the specific percentage change in the dividend;
(C) Any change in the time for the final payment under the plan;
(D) Any change in the plan payment; and
(E) Any effect on the specific treatment of secured creditors under the plan.
(4) Motion. The motion to modify confirmed plan shall include:
(A) The disclosures set forth in subparagraph (3) above;
(B) The reasons for the modification, including specific and detailed changes in the budget of the debtor, or other circumstances of the debtor that would justify the modification;
(C) If the debtor is the movant, a representation that the debtor reviewed and consents to the proposed modified terms of the confirmed plan.
(5) Proposed Order Modifying Confirmed Plan. Any proposed order that modifies a confirmed plan shall be captioned Order Modifying Confirmed Plan and must include the modified terms of the plan as requested in the motion to modify confirmed plan as approved by the Court.