Chapter 13 – Modifications to Plan (updated July 5, 2017 and December 1,
U.S. Bankruptcy Court for the Middle District of Georgia
Text
2018, and January 5, 2023) (a) Content of a Plan Modification A modification of a plan pursuant to 11 U.S.C. §§ 1323 or 1329 shall include a description of each proposed change or modification. This requirement cannot be satisfied by simply attaching the new proposed plan to the modification. (b) Service of the Modification The modification shall be served by the proponent of the modification on the Trustee and on all parties in interest affected by the modification pursuant to LBR 9007-1 or LBR 2002-1(e). (c) Amended Budgets For all post-confirmation modifications the debtor shall prepare and file a budget of current income and expenses.
(d) Notices – Form. (1) All notices of motions to modify Chapter 13 plans post-confirmation shall use the language required by LBR 9004-1(c)(5)(B) which can be found in the Clerk’s Instructions under “Notice of Motion or Objection Other than Objections to Claims.” (2) All notices of motions to modify Chapter 13 plans before confirmation shall substantially conform to one of two options: (A) Notice of Motion to Modify Chapter 13 Plan Before Confirmation with Rescheduled Confirmation Date shall be used if the timing of the notice requires a rescheduling of the Confirmation Hearing. The form can be found in the Clerk’s Instructions under “Notice of Motion to Modify Chapter 13 Plan Before Confirmation With Rescheduled Confirmation Date.” (B) Notice of Motion to Modify Chapter 13 Plan Before Confirmation – No Rescheduling Required shall be used if the timing of the notice does not require a rescheduling of the Confirmation Hearing. The form can be found in the Clerk’s Instructions under “Notice of Motion to Modify Chapter 13 Plan Before Confirmation With No Rescheduled Confirmation Date.”