CHAPTER 13 PLANS - FORM AND SERVICE

(a) Form. A Chapter 13 plan must conform to Local Bankruptcy Form M. All Chapter 13 plans must be signed by the debtor and are subject to Local Bankruptcy Rule 9011-2(b). (b) Service. Along with the original plan and any amended or modified plan, the debtor must file a Certificate of Service using Local Bankruptcy Form M-1.

(1) The Clerk will mail the original plan to all creditors and parties in interest as listed on the debtor’s mailing matrix if the plan is filed with the original petition. (2) If, after filing the original petition, the debtor files an original plan, or an amended plan that does anything other than increase the amount payable under the plan, Ver. 25.01 (December 1, 2025) 20 the debtor must mail a copy of the plan to each creditor and the Chapter 13 trustee (unless such creditor or trustee is served by CM/ECF). (3) In addition to the mailing required under sections (1) and (2), if the debtor seeks through a provision in the plan (and not by separate motion) to avoid any lien or value any collateral, the debtor must serve the plan on the holder of the lien or secured claim sought to be valued or avoided, and on any non-debtor owner of the collateral, in the manner required by Federal Bankruptcy Rules 9014, 7004, and 3007.

(c) Valuation or Lien Avoidance Under Plan. In the event the debtor seeks to value collateral or avoid liens pursuant to a provision in the plan, the debtor must file with the plan evidence of the collateral’s value; evidence of the existence of any superior lien; a statement setting forth any exemption claimed; and the name, address, and nature of ownership of any non-debtor owner of the property. If the lienholder has not filed a proof of claim, the debtor must also separately file evidence of the amount of the debt secured by the collateral. If no proof of claim has been filed by the holders of claims secured by senior interests in the property, the debtor must file evidence of the amount of the claims so secured.

Such evidence must be filed as a supplement to the plan as a separate docket entry but need not be mailed to all creditors pursuant to section (b)(1) or (2) of this Rule. However, it must be served pursuant to section (b)(3) of this Rule.