Chapter 12 or 13—Time to File a Plan; Nonstandard Provisions;

Objection to Confirmation; Effect of Confirmation; Modifying a Plan. (d) Serving a Copy of the Plan. In all chapter 13 cases, the attorney for the debtor (or the debtor) shall serve a copy of the plan and a notice on the trustee, the United States Trustee, and all creditors no later than 7 days after the filing of the Notice of Chapter 13 Bankruptcy Case (Official Form 309I) or the filing of the plan, whichever is later. The notice shall include the objection deadline as announced in the Notice of Chapter 13 Bankruptcy Case (Official Form 309I).

The notice shall substantially comply with the format prescribed by the Clerk and made available on the Court’s website. If a chapter 13 plan includes a Motion for Valuation of Collateral pursuant to Fed. R. Bankr. P. 3012 or a Motion to Avoid Lien pursuant to Fed. R. Bankr. P. 4003, the attorney for the debtor (or the debtor) shall serve a copy of the plan and a notice on affected creditors in the manner provided by Fed. R. Bankr. P. 7004 for service of a summons and complaint. The attorney for the debtor (or the debtor) shall file the notice and a certificate of service with the court that includes a copy of the plan and a record of the parties served. (g) Effect of Confirmation of a Chapter 12 or Chapter 13 Plan on the Amount of a Secured Claim; Terminating the Stay.

(3) Order Confirming Chapter 13 Plan. A proposed order confirming chapter 13 plan shall be submitted by the chapter 13 trustee using the local form authorized by the judges of the Northern and Southern Districts of Mississippi. The local form is included as Appendix B to these Uniform Local Bankruptcy Rules. From time to time, the judges of the Northern and Southern Districts may change the format or make typographical corrections to the local form order confirming chapter 13 plan.

Any Joint Uniform Local Bankruptcy Rules – Northern and Southern Districts of Mississippi -22- such non-substantive changes will be reported to registered attorney filers via email. If the judges seek to make substantive changes to the local form order confirming chapter 13 plan, such proposed changes will be advertised for public comment and submitted to the Fifth Circuit Judicial Council for final approval as an amendment to the local rules. (h) Modifying a Plan After It Is Confirmed. (1) Request to Modify a Plan After It Is Confirmed.

If a debtor in a chapter 12 or a chapter 13 case files a request to modify a confirmed plan pursuant to sections 1229 or 1329 based in whole or in part upon a change in the amount of the debtor’s income or expenses, the debtor shall file amended Schedules I and J evidencing such change in financial circumstances contemporaneously with the Notice of Modification. (3) Secured Claims Timely Filed After Plan Confirmation. If a proof of claim, which claims a security interest in the property of the debtor, is timely filed after confirmation of the plan, but is not provided for in the plan, the claim can only be paid through the confirmed plan following a request for modification and order, as provided for in Fed. R. Bankr. P. 3015(h). Nothing contained herein shall control the treatment of the claim in the confirmed plan.

Rule 3015.1-1 Requirements for a Local Form for a Chapter 13 Plan. All chapter 13 plans filed by or on behalf of the debtor shall be filed using the local form authorized by the judges of the Northern and Southern Districts of Mississippi under the authority of Fed. R. Bankr. P 3015.1. The local form chapter 13 plan for the Northern and Southern Districts of Mississippi is included as Appendix A to these Uniform Local Bankruptcy Rules. All information entered on the local form chapter 13 plan shall be in a typewritten format.

The filer of a chapter 13 plan shall not attempt to make substantive alterations to the local form chapter 13 plan (i.e., strike-through of standard provisions, add new standard provisions, use Part 8 of the local form chapter 13 plan to alter existing standard provisions or add non-standard provisions that are inapplicable to the debtor’s case). The Court may strike a chapter 13 plan that is submitted with substantive alterations to the local form chapter 13 plan. From time to time, the judges of the Northern and Southern Districts of Mississippi may change the format or make non-substantive changes to the local form chapter 13 plan in Appendix A. Any such non-substantive changes will be reported to registered attorney filers via email. If the judges Joint Uniform Local Bankruptcy Rules – Northern and Southern Districts of Mississippi -23- seek to make substantive changes to the local form chapter 13 plan, such proposed changes will be advertised for public comment and submitted to the Fifth Circuit Judicial Council for final approval as an amendment to the local rules.