Chapter 12 or Chapter 13 – Service of a Plan; Objection to Confirmation;

Modifying a Plan; Form of a Chapter 13 Plan (a) Adoption of Local Form Plan in Chapter 13 Cases. In accordance with Fed. R. Bankr. P. 3015.1, the court has adopted a Local Form Plan for use in all chapter 13 cases instead of the Official Form Plan. The Local Form Plan, as may be amended from time to time, is posted on the court’s website. The Local Form Plan shall be used without alteration, except as otherwise provided in the Local Form Plan or for any change described in Fed. R. Bankr. P. 9009(a).

(b) Service of Plan and Notice – Pre-Confirmation. Except as otherwise ordered by the court, a debtor filing an original or amended chapter 12 or chapter 13 plan must serve the plan upon the Master Mailing List (as defined in LBR 1007-1) as constituted on the date of service, including the standing trustee. A certificate of service evidencing the proper service of the plan must be filed with the court or the plan may be stricken from the record. (c) Objections to Confirmation.

(1) Written objections to chapter 12 or 13 plan confirmation by parties other than the chapter 12 or 13 trustees shall be filed and served on the trustee, the debtor and debtor's counsel at least fourteen (14) days before the scheduled confirmation hearing. The court may refuse to consider an objection that is not filed and served timely or impose other appropriate sanctions. (2) The chapter 12 trustee and chapter 13 trustee may file written objections to confirmation at any time before the confirmation hearing. (d) Pre-Confirmation Plan Amendment (Chapter 12).

Unless otherwise directed by the court, if a debtor is permitted to amend a chapter 12 plan pre-confirmation, the debtor shall file the amended plan in its entirety in a 22 single pleading (commonly referred to as a “four corners plan”) and it shall be styled: “[insert number] Amended and Restated Plan.” (e) Post-Confirmation Plan Modification (When the Proponent is the Debtor). (1) Chapter 12. A debtor requesting the post-confirmation modification of a chapter 12 plan must file a modified plan as an attachment to the motion seeking confirmation of the modified plan which specifies the precise changes sought by the modification, including without limitation the following: (i) the purpose of or necessity for the modification; and (ii) the changes being made to the plan payment, the term of the plan, the distribution to any class, or any other substantive provision. Unless otherwise directed by the court, if a debtor is permitted to amend or modify a chapter 12 plan, the debtor shall file the amended plan in its entirety in a single pleading (commonly referred to as a “four corners plan”) and it shall be styled: “[insert number] Amended and Restated Plan.” (2) Chapter 13.

(i) (ii) A debtor requesting modification of a confirmed chapter 13 plan must use the Local Form Plan, which must be clearly designated as a modified plan. Additionally, the modified plan must identify the section or sections of the Local Form Plan which are being changed by the proposed modification, and the reasons for the changes. A debtor seeking modification of a confirmed chapter 13 plan must contemporaneously file with the court an amended Schedule I and an amended Schedule J to verify current income and expenses unless the Plan payment does not change or, in the alternative, certify under penalty of perjury that the information contained in Schedule I and Schedule J as previously filed with the court remains true and correct. Amendments to Schedule I and J are not required when the changes to income and/or expenses are de minimis.

(3) Service of Modification and Notice of Hearing. (i) In chapter 12 and chapter 13 cases, the proponent seeking modification of a confirmed plan must serve the proposed modification, together with any attachments, on the Master Mailing List (as defined in LBR 1007-1) as constituted by the court on the date of service and file a certificate of service evidencing such 23 service. The modified plan must also set forth the deadline for filing objections and provide notice that the court may confirm the plan without further notice if an objection is not timely filed, utilizing language substantially in compliance with the following: If you oppose the plan’s treatment of your claim or any provision of this plan, you must file an objection to confirmation at least fourteen (14) days before the date set for the hearing on confirmation, unless otherwise ordered by the Bankruptcy Court. The Bankruptcy Court may confirm this plan without further notice if no objection to confirmation is filed.

See Fed. R. Bankr. P. 3015 and LBR 3015-1. (ii) The hearing on the plan modification must be scheduled at least thirty-five (35) days after the date of service of the proposed modified plan. A notice of hearing shall be served by the debtor contemporaneously with the proposed modified plan. The notice must set forth the specific hearing date, and clearly and conspicuously notify the recipients of the notice that the hearing will only be held if, and only if, an objection to the proposed plan modification is filed within fourteen (14) days of the hearing date, utilizing language substantially in compliance with the following: IF, AND ONLY IF, NOTICE OF HEARING ON PLAN MODIFICATION Notice is hereby given that a hearing will be held on the ___ day of ______, ____, at __________ AM/PM in the Bankruptcy Courtroom located at [provide the address] on the modified chapter 13 plan IF, AND ONLY IF, an objection is filed at least fourteen (14) days before the hearing date with the Bankruptcy Clerk of Court.

(f) Post Confirmation Plan Modification (When the Proponent is the Trustee or a Creditor). The provisions of paragraph (e) apply when the trustee or an unsecured creditor files for post confirmation modification, except that the proponent will not be required to: (1) use the Local Form Plan, (2) serve the entire Master Mailing List, or 24 (3) file an amended Schedule I and J pursuant to the provisions of subparagraph (e)(2)(ii). Any such modification will clearly state the reason for the amendment and what change is being sought. Further, such modification shall be served on the debtor, debtor’s counsel and on all negatively affected parties.