Local Rule 3015–2: CHAPTER 13 — AMENDMENTS TO PLAN AND MODIFICATIONS TO PLAN
Bankr. S.D. Ohio — General rule
3015–2 CHAPTER 13 — AMENDMENTS TO PLAN AND MODIFICATIONS TO PLAN
(a) Preconfirmation Amendments.
(1) An amended plan filed prior to confirmation shall clearly show any changes from the prior plan by reflecting the changes in bold, italics, strikethrough, or otherwise.highlighting the changes in a conspicuous manner. Copies of the amended plan served on creditors and parties in interest shall also include conspicuous highlighting of the changes.
(2) For cases heard in Dayton and Cincinnati, a plan amendment proposed prior to confirmation must be filed at least three (3) days prior to the confirmation hearing. For cases heard in Columbus, a plan amendment proposed prior to confirmation must be filed at least ten (10) days prior to the confirmation hearing. Anll plan amendments amended plan shall be served on the trustee, United States trustee, and upon all adversely affected parties, and all parties whose specifically described treatment has changed through the amended plan, including parties to a lease or executory contract that is being assumed or rejected. and The amended plan shall be accompanied by a notice giving the trustee and affected parties the later of twenty-one (21) days after service of the amended plan or fourteen (14) days after the § 341 meeting is concluded to object in writing to the amended planment. For cases heard in St. Clairsville, the notice setting the meeting of creditors or court order will specify the time requirements for amendments and objections thereto. If a timely objection to confirmation of the amended plan is filed within seven (7) days of before the confirmation hearing date pursuant to Rule 3015(f), the confirmation hearing will be rescheduled.
(b) Postconfirmation Modifications. A plan modification proposed after confirmation shall be made by motion and must be filed and served on the trustee, United States trustee, and all adversely affected parties, and all parties whose specifically described treatment has changed through the modified plan, and including, when appropriate, the debtor and the debtor's attorney. When appropriate, proposed plan modifications shall include:
(1) A particular reference to the provisions of the confirmed plan that are being modified, including any proposed percentage to be paid to unsecured creditors and the approximate number of months required to complete the proposed modified plan;
(2) The extent to which the proposed modification affects the rights of creditors or other parties in interest;
(3) The date(s) of the confirmation order of the original plan and of any previous modified plan(s);
(43) If a motion to modify the plan proposes to decrease the dividend to unsecured creditors or to extend the length of the plan, the reason for the modification, including any change in circumstances since confirmation; and
(54) If the motion to modify proposes to change the amount of each periodic payment to the plan, an amended schedule I and J, unless the motion is for a temporary suspension of payments.
(c) Objections to Post-Confirmation Modifications. Objections An objection to modifications a motion to modify a confirmed plan are governed by LBR 3015–3(b) and must shall be filed and served on the debtor, the debtor's attorney, the trustee, and the United States trustee within twenty-one (21) days after the date of service of the motion to modify, or as otherwise noticed by the trustee or ordered by the court. The objection shall conform to the requirements of LBR 3015-3(a)(2).
(d) Separate Motion. A motion to modify a plan may not be combined with any other filing or other paper.
(e) Modification for Temporary Suspension or Temporary Reduction of Payments to Extend Length. Any request for temporary suspension or temporary reduction of payments to a confirmed plan shall be initiated by motion. The motion shall state the reason for the suspension and the period of time requested. It is not necessary to file amended schedules I and J.