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

3015-2 CHAPTER 13 – AMENDMENTS TO PLANS

(a) Form A debtor is authorized to amend a proposed plan as a matter of right at any time before entry of an order of confirmation. Except as provided in subsection (c) of this Local Rule, an amendment to unconfirmed plan must substantially conform to the Court's Model Plan and must not be brought by motion.

(b) Effect on Previously Filed Plans and Objections If an amended Chapter 13 plan is filed by the debtor, all previously filed unconfirmed plans are deemed withdrawn as of the date of the amended plan. The filing of an amended plan does not remove any previously filed objection to confirmation; rather, the previously filed objection is deemed to be an objection to the amended plan, and removal of any previously filed objection must be done either by: (1) Court order, (2) having the objecting party withdraw the objection or execute a stipulation that resolves the objection, (3) having the Chapter 13 trustee recommend confirmation and stating in the recommendation that the objection is mooted by the amended plan, and/or (4) having the Clerk administratively terminate the objection based on other developments in the case such as a conversion of the case to another Chapter or entry of a confirmation order.

If the amended plan does not affect the treatment of a creditor under the original, proposed plan, and if the creditor failed to timely object to the original, proposed plan, then the creditor is deemed to have accepted the amended plan.

(c) Cure of Post-Petition, Pre-Confirmation Defaults Via the Order of Confirmation If a debtor and creditor agree to allow the cure of a post-petition, pre-confirmation arrearage through the Chapter 13 trustee by increasing the amount of the plan payment, then the resulting increase may be reflected in the confirmation order without the need to file an amended plan. Any agreed order to resolve a delinquency that requires action by the Chapter 13 trustee must be sent to the Office of the Chapter 13 trustee for signature. The order must include the exact amount of the post-petition, pre-confirmation arrearage, the amount of the on-going payment, interest rate, if applicable, and the address to where payments can be sent by the trustee.