Local Rule Rule 3015-1: CHAPTER 13 PLANS: MODEL PLAN AND CONFIRMATION ORDER; TREATMENT OF DEBTOR'S ATTORNEY'S FEES AS ADMINISTRATIVE EXPENSES; SERVICE
Bankr. S.D.N.Y. — General rule
Rule 3015-1 CHAPTER 13 PLANS: MODEL PLAN AND CONFIRMATION ORDER; TREATMENT OF DEBTOR'S ATTORNEY'S FEES AS ADMINISTRATIVE EXPENSES; SERVICE
(a) Model Plan and Confirmation Order. In a chapter 13 case, the plan must conform to the Model Chapter 13 Plan adopted by this Court, and the proposed confirmation order must conform to the local form of Chapter 13 Confirmation Order adopted by this Court. The local forms of the Model Chapter 13 Plan and Chapter 13 Confirmation Order are available on the Court's website at (https://www.nysb.uscourts.gov/chapter-13-filingand-plan-information).
(b) Notice and Hearing for Attorney's Fees to be Treated as Administrative Expense. If the compensation, or any portion thereof, of the attorney for a chapter 13 debtor is to be treated as an administrative expense under the plan, the attorney must provide adequate notice of that fact to the trustee, the United States Trustee, and all creditors. If the application for compensation does not exceed $1,000, Local Bankruptcy Rule 9074-1(b)(1) shall apply. The notice shall be deemed adequate if the plan is transmitted timely to all parties in interest and states with particularity the timing and amount of any payments to be made to the attorney.
(c) Service of Plan. Unless the court orders otherwise, the debtor must serve the plan and any amended plan that changes the treatment of any party on the chapter 13 trustee, the United States trustee, and all creditors at least twenty-eight (28) days, plus an additional three days if service is by mail, before the confirmation hearing. The debtor must file timely proof of service in accordance with Local Bankruptcy Rule 9078-1.
Comment Subdivision (a) of this rule was amended in 2013 to state in the rule the link to the Court's website where practitioners may access the referenced forms, which were originally promulgated by General Order M-384. General Order M-384 was abrogated and replaced by this Local Bankruptcy Rule. It was further amended in 2024 to update the link containing the form of Model Chapter 13 Plan adopted by this Court in December 2021.
Subdivision (c) of this rule was amended in 2013 to include the requirements established by General Order M-406, relating to service of chapter 13 plans. General Order M-406 was abrogated and replaced by this local rule.
Subdivision (b) of this Rule was amended in 2024 to correspond with amendments to Local Bankruptcy Rule 9074-1 regarding applications on notice of presentment.