Paragraph (G) of this rule provision is amended as a result of the

holding in No v. Gorman, 891 F.3d 138 (4th Cir. 2018). [Changes effective 11/15/19.] 3015-1(G) This paragraph is amended to remove language concerning the filing of a response; and to permit the Court to either excuse a debtor from the deficiency hearing or to cancel the hearing if appropriate in the event of an untimely cured deficiency. [Change effective 08/01/23.] RULE 3015-2 CHAPTER 13 PLAN REQUIREMENTS (A) Form of Plan; Inclusion of Related Motions: The only acceptable form for a chapter 13 plan shall be that form approved by the Court (Exhibit 1 to these Local Bankruptcy Rules) and available from the Clerk upon request or from the Court’s Internet web site, www.vaeb.uscourts.gov. Counsel are encouraged, however, to delete the text of inapplicable sections from the plan pro- vided that the section numbering and section headings are retained, followed by an appropriate no- tation such as “None” or “Not Applicable”. If applicable, and without prejudice to a debtor’s right to file a stand-alone motion seeking the same relief, the plan shall include the following related motions: (1) Motion for Determination of Value Pursuant to 11 U.S.C. § 506(a).

(2) Motion for Lien Avoidance Pursuant to 11 U.S.C. § 522(f): (Lien avoidance un- der any other provision of the Bankruptcy Code must be by separate adversary pro- ceeding and requires service of a summons and complaint.) (3) Motion for Assumption or Rejection of Executory Contracts Pursuant to 11 U.S.C. § 365. (B) Special Notice to Secured Creditors Whose Collateral is to be Valued or Lien Avoided: Unless a stand-alone motion and appropriate notice is served on the affected creditor at the same time as the plan is filed with the Clerk and transmitted to creditors, the debtor shall serve on each creditor who is the subject of an included motion for valuation under 11 U.S.C. §506(a) or an included motion for lien avoidance under 11 U.S.C. §522(f) a copy of the plan to which is at- tached a notice in the form approved by the Court (Exhibit 2 to these Local Bankruptcy Rules). Service of the plan and special notice must be made in the manner provided for in FRBP 7004. (C) Filing of Original Chapter 13 Plan and Related Motions 48 RULE 3015- PLAN REQUIREMENTS (1) Possible Dismissal of Case; Notice: The Chapter 13 Plan and Related Mo- tions and any special notice to secured creditors required by this rule shall be filed with the Clerk not later than 14 days after the commencement of the case if the case was originally filed under chapter 13 or 14 days after the order convert- ing the case to chapter 13 from some other chapter.

If the same is not filed on the date of commencement of the case or the date of entry of the conversion order, the Clerk shall issue a notice that the debtor either must (a) timely file a plan or a motion to extend time to file a plan in accordance with this subparagraph; or (b) attend a hearing to explain why the case should not be dismissed, unless excused by the Court or the Court deems the deficiency cured and cancels the hearing. (2) Proof of Service to include names and addresses of all parties served: The Chapter 13 Plan and Related Motions must contain a proof of service setting forth the date and manner of service and the names and addresses of all parties to whom the plan was mailed or transmitted. (3) Extension of Time to File Chapter 13 Plan and Related Motions (a) A first motion to extend the time to file a Chapter 13 Plan and Related Motions may be granted by the Clerk for an additional 14 days, if (i) the motion for extension has been filed before the initial due date has expired and (ii) notice of the motion has been given by the debtor to the trustee and all creditors. No response deadline is required for a first motion to extend time under this subparagraph.

(b) The Clerk’s order shall provide that the debtor either must (i) file the Chapter 13 Plan and Related Motions or further motion to extend time for the same by the date set forth therein; or (ii) attend a hearing to explain why the case should not be dismissed, unless excused by the Court or the Court deems the deficiency cured and cancels the hearing. (c) Any motion to which subparagraph (C)(3)(a) hereof does not apply must be scheduled for hearing in accordance with LBR 9013-1(H)(3) and notice must be given in accordance with LBR 9013-1(M)(2) to the parties set forth in subparagraph (C)(3)(a)(ii) of this Local Bankruptcy Rule. (D) Distribution of Chapter 13 Plan and Related Motions: The debtor shall distribute a copy of the original Chapter 13 Plan and Related Motions to all creditors, the standing trustee and other parties in interest at or prior to the time it is filed with the court. Upon re- ceipt of the confirmation date, time and location, the debtor shall serve on affected creditors the special notice required by paragraph (B) of this Local Bankruptcy Rule.

(E) Objections to Confirmation of Original Chapter 13 Plan or to Related Motions 49 RULE 3015- PLAN REQUIREMENTS (1) Deadline for Filing: Any objection to confirmation of the Chapter 13 Plan or to the granting of any included Motion for Determination of Value, Motion for Lien Avoidance, or the Motion to Assume or Reject Executory Contract or Un- expired Lease shall be filed not later than 7 days prior to the date set for the confirmation hearing. Any extension of the original objection period must be requested by motion. (2) Service of Objection: The objecting party shall file an original objection with the Court and serve copies on the standing trustee, the debtor and the debtor’s attorney. The objection shall be accompanied by proof of service evidencing compliance with this requirement.

(3) Hearings on Objections: All timely filed objections shall be heard at the confirmation hearing as set forth in the notice of meeting of creditors. (F) Modified Chapter 13 Plan and Related Motions (1) Procedure where no plan has been confirmed (a) Time for Filing: Unless confirmation of a prior plan has been denied, a modified plan may be filed at any time prior to confirmation. If confir- mation of a prior plan has been denied, a modified plan must be filed within the period stated in paragraph (H) of this Local Bankruptcy Rule unless the order denying confirmation states some other period. (b) Distribution of Modified Chapter 13 Plan and Related Motions: The modified Chapter 13 Plan and Related Motions, and any special notice required by paragraph (B) of this Local Bankruptcy Rule, must be distrib- uted and served in the same manner as the original plan.

The special no- tice required by paragraph (B) of this Local Bankruptcy Rule need not be given, however, if an order has previously been entered granting the re- lief sought and the modified plan does not contain any provision incon- sistent with the order previously entered. (c) Objections to Confirmation of Modified Chapter 13 Plan and Related Motions: If a modified Chapter 13 Plan and Related Motions is filed, any objections must be filed not later than 7 days prior to the date set for the confirmation hearing. The debtor must select a new confirmation hearing date and include the new date, time and location on the first page of the form of Chapter 13 Plan and Related Motions. The new confirmation hearing date shall not be earlier than the date originally set for the confirmation of the original plan filed in the case and must allow at least 35 days’ notice.

The debtor shall give notice of the date, time and place of the confirmation hearing by serving a copy of the modified plan on the trustee and all creditors. (d) Effect on a Hearing Scheduled on Objection(s) to any Previously Filed Unconfirmed Plan 50 RULE 3015- PLAN REQUIREMENTS (i) Once a modified plan and related motions has been filed by the debtor, all previously filed unconfirmed plans and related motions are deemed withdrawn. (ii) The filing of a modified plan and related motions will re- move a previously scheduled hearing on objection to confirma- tion from the court calendar without further order of the Court, but without prejudice to any party’s right to object to the modified plan. (2) Procedure when a plan has been confirmed (a) When modification is requested by the trustee or a creditor: If modification of a confirmed plan is sought by the trustee or by a creditor, the modification must be requested by motion.

A hearing date shall be selected by the movant and at least 21 days’ notice of the hearing shall be given to the debtor, debtor’s counsel, the trustee (if the trustee is not the movant) and all creditors. The time for filing any response is gov- erned by LBR 9013-1(G)(3). (b) When modification is requested by the debtor: If modification of a confirmed plan is sought by the debtor, modification must be requested by filing and distributing a modified Chapter 13 Plan and Related Motions and by giving special notice required by paragraph (B) of this Local Bankruptcy Rule. The special notice required by paragraph (B) of this Local Bankruptcy Rule need not be given, however, if a Chapter 13 Plan and Related Motions has previously been confirmed providing the identical treatment of the secured creditor’s claim.

The debtor must select a new confirmation hearing date, which date must allow at least 35 days’ notice. The debtor shall give notice of the date, time and place of the confirmation hearing as set forth on the first page of the form of Chapter 13 Plan and Related Motions by serving a copy of the modified plan on the trustee and all creditors. Any objection to the modified plan must be filed not later than 7 days prior to the date set for the confirmation hearing. (G) Confirmation of Plan and Granting of Related Motions: After the time for filing objections has passed and if no objection has been timely filed, the Court may enter an order confirming the plan and granting the relief sought in the related motions without holding a hearing, or the Court may direct that a hearing be held.

(H) Dismissal of Case upon Denial of Confirmation: If the Court denies confirmation of the debtor’s original or subsequently modified Chapter 13 Plan and Related Motions at a hearing on an objection to confirmation, unless the Court has entered an order previously confirming a plan, the Clerk is directed to issue an order dismissing the chapter 13 case unless, within 21 days after denial of confirmation: (1) the debtor files a new Modified Chapter 13 Plan and Related Motions; (2) the debtor converts or moves to convert the case to another chapter of the Bankruptcy Code; 51 RULE 3015- PLAN REQUIREMENTS (3) the debtor files a motion for reconsideration or appeals the denial of confirmation; or (4) the Court otherwise orders. An order previously entered by the Court confirming a chapter 13 plan shall remain in full force and effect if a subsequently modified Chapter 13 Plan and Related Motions is denied confirmation by the Court. (I) Reconversion of Case: [Repealed] Comments Rule 3015-2 Revised Chapter 13 Form Plan: Since February 15, 1988, the Eastern District of Virginia has required that chapter 13 plans follow a prescribed format. See In re Walat, 87 B.R. 408 (Bankr.E.D. Va 1988) (en banc), aff’d 89 B.R. 11 (E.D. Va.

1988). Follow- ing the Fourth Circuit’s decisions in Piedmont Trust Bank v. Linkous (In re Linkous), 990 F.2d 160 (4th Cir. 1993) and Cen-Pen Corp. v. Hanson, 58 F.3d 89 (4th Cir. 1995), the form plan was expanded to include “re- lated” motions to value collateral and avoid liens, and a separate “Notice of Chapter 13 Plan and related Motions” was adopted for service on credi- tors in addition to the plan itself.

In 2003, the National Association of Chapter 13 Trustees recommended a model form of chapter 13 plan which had been drafted at an Advanced Practice Institute by a group of debtors’ counsel, trustees, creditors’ representatives, attorneys and others. After the chapter 13 trustees in the Western District of Virginia proposed a variant of this model plan for adoption in that district, a working group of one judge and one chapter 13 trustee from each district proposed further modifications that would allow the same form of plan to be used in each district. After a period of public comment and a trial use of the model plan at a Virginia CLE Advanced Consumer Bankruptcy Seminar, a redrafted proposal was prepared by the chapter 13 trustees of both districts. This proposal, with some minor changes agreed to by the judges of both dis- tricts at two joint meetings, resulted in the current plan.

Adoption of a uniform plan is expected to benefit state-wide and national creditors (who would have only one form of plan from Virginia to deci- pher) as well as attorneys who practice in both districts and would no longer have to separately configure their form preparation software for each district. Because it is shorter than the existing Eastern District of Virginia plan, it should also be significantly easier for pro se parties (many of whom struggle with the current form of plan) to fill out. The revised plan, like the previous plan, incorporates “related” motions to value collateral and avoid liens. To satisfy the due- process concerns in 52 RULE 3015- PLAN REQUIREMENTS Linkous and Cen-Pen, a separate “special” notice must be attached to the copy of the plan mailed to the creditors that are the subject of those mo- tions. [Rule effective 10/17/05.]