Local Rule 3015-3.1: CHAPTER 13 – MODIFICATIONS
Bankr. N.D. W.Va. — General rule
3015-3.1 CHAPTER 13 – MODIFICATIONS
(a) Joint Stipulation to Modify Confirmed Chapter 13 Plan A Chapter 13 debtor who seeks to modify the terms of a confirmed plan must first attempt to execute a joint stipulation with the Chapter 13 trustee. In the absence of an agreement with the Chapter 13 trustee, the debtor may file a motion for modification with the Clerk.
(b) Curing Post-Confirmation Defaults By Modification A debtor is not required to file a motion to modify a confirmed plan if a creditor agrees to allow the debtor to cure a post-confirmation arrearage through the Chapter 13 trustee and the distribution to other creditors under the confirmed plan is not reduced by the agreement. An agreed order or stipulation resolving a delinquency must include the exact amount of the post-confirmation arrearage, the exact amount of the on-going payment, interest rate, if applicable, the address where the payments are to be sent, and the order must be endorsed by the Chapter 13 trustee. An amended proof of claim is not required.
(c) Modification Without a Hearing The terms of a joint stipulation authorizing a plan modification, when signed by the debtor and the Chapter 13 trustee, is immediately effective pending Court approval. After notice, when required, the Court may enter an order approving the joint stipulation without the necessity of setting a hearing.
(d) Suspension of Payments
(1) A represented debtor must submit an amended wage withholding order, as applicable, when the Court authorizes a suspension of plan payments and when the Court authorized suspension of plan payments is ending. The debtor must ensure that plan payments recommence on time. Notwithstanding any Court ordered suspension, the Chapter 13 trustee is authorized to disburse any funds remitted to the trustee.
(2) Unless otherwise specified by the Court, an order granting a suspension of plan payments is without prejudice to the rights of any creditor to seek appropriate relief.
(3) Service and notice of a debtor's request to suspend plan payments may be limited to the Chapter 13 trustee