Local Rule 3015-2: Chapter 13 - Amendments to Plan
Bankr. W.D. Va. — General rule
LOCAL RULE 3015-2 Chapter 13 - Amendments to Plan A. Pre-Confirmation Amendments:
1. Filed with the Court thirty-five (35) or more days prior to confirmation: If an amended plan is filed with the Court thirty-five (35) days or more prior to the date first set for a confirmation hearing, the debtor shall file with said amended plan proof of service as set forth in section "D" of this rule.
[See also Local Form Certification of Mailing and/or Service of Chapter 13 Plan]. The debtor shall also file a copy of the notice served with such plan advising all creditors and other parties in interest of the date for the confirmation hearing upon such plan and that any objection to its confirmation must be filed in writing at least seven (7) days in advance of such hearing in order to be heard.
2. Filed with the Court less than thirty-five (35) days prior to confirmation: If an amended plan is filed with the Court less than thirty-five (35) days prior to the date first set for a confirmation hearing, the debtor(s) is required to obtain a new confirmation hearing date [see Court's website for hearing dates] and file the amended plan and the Local Form Amended Chapter 13 Plan Cover Sheet and Notice of Hearing with the Court. The debtor(s) will then be required to serve a copy of the amended plan and the Amended Chapter 13 Plan Cover Sheet and Notice of Hearing as set forth in section "C" of this rule.
B. Post-Confirmation Amendments: If an amended plan is filed after confirmation, the debtor(s) is required to obtain a confirmation hearing date [see Court's website for hearing dates] and file the amended plan and the Local Form Amended Chapter 13 Plan Cover Sheet and Notice of Hearing with the Court. The debtor(s) will then be required to serve a copy of the amended plan and the Amended Chapter 13 Plan Cover Sheet and Notice of Hearing as set forth in section "C" of this rule.
C. Distribution of Amended Plan: The debtor(s) shall serve any amended plan on:
1. the standing trustee, and 2. all creditors and interested parties on the mailing matrix unless otherwise ordered by the Court.
D. Proof of Service: Contemporaneous with the distribution of an amended plan, the debtor(s) shall file a proof of service certification [see Local Form Certification of Mailing and/or Service of Chapter 13 Plan] with the Court evidencing service on the standing trustee and all creditors on the debtor's mailing matrix unless otherwise ordered by the Court. If the plan contains (i) a request under section 522(f) to avoid a lien or other transfer of property exempt under the Code or (ii) a request to determine the amount of a secured claim, the certificate of service shall certify that the plan was served on the affected creditors in the manner provided for by Rule 7004 for service of a summons and complaint.