Chapter 12 or Chapter 13 Plan: Amendment after Confirmation

U.S. Bankruptcy Court for the Eastern District of Pennsylvania

Rule Set: Local Bankruptcy Rules of the U.S. Bankruptcy Court for the Eastern District of Pennsylvania

Rule: 3015-5

Jurisdiction: EDPAB

Bluebook Citation: Bankr. E.D. Pa. L.R. Adm. R. 3015-5

(a) Motion Required. A confirmed chapter 12 or chapter 13 plan may be amended after confirmation under §1229 or §1329 only on a motion governed by L.B.R. 9014-3. (b) Content of Motion. The motion shall summarize the (1) terms of the confirmed plan; (2) proposed amendments to the plan; and (3) effect, if any, of the proposed amended plan on the distribution under the confirmed plan to each class of creditors.

(c) Documents Filed and Served with the Motion. The motion shall be accompanied by (1) a copy of an amended plan; (2) a proposed order which, if entered by the court, would grant the relief sought by the motion; and (3) the notice required by L.B.R. 9014-3(e), except that the notice shall state that the deadline for filing objections is 21 days from service of the notice, as required by Fed. R. Bankr. P. 3015(h). (d) Service of Motion and Accompanying Documents. On the day the motion is filed, the proponent shall serve the motion, the notice required by subdivision (c)(3), the amended plan, and the proposed order on (1) those on the Clerk’s Service List, and (2) any priority or secured creditor, or creditor adversely affected by the changes to the original plan who is not on the Clerk’s Service List.

(e) Service of Notice on All Creditors. On the day the motion is filed, the proponent shall serve the notice required by subdivision (c)(3) on all creditors. (f) Certification of Service. The debtor shall file a certification of service as required by L.B.R. 9014-4.

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