Time-computation adjustments have been made, as needed, to

conform to a revision to the Federal Rules of Bankruptcy Procedure that takes effect December 1, 2009. Stylistic changes have been made to the text of the LBR as well. [Changes effective 12/01/09.] 6004-2(B) To avoid conflict between this rule and Rule 9013-1, the amendments delete the objection period in favor of a reference to amended Rule 9013-1. The amendments further clarify that the movant, rather than an objecting party, must schedule the motion for hearing. [Changes effective 08/01/23.] 75 RULE 6004-4 MORTGAGE LOAN MODIFICATION BY CHAPTER 13 DEBTOR AFTER CONFIRMATION 6004-2(C) This paragraph is amended to clarify the objecting party must select a hearing date and schedule same. The requirement to include proof of service is deleted as such is required with all pleadings, including responsive pleadings. [Change effective 08/01/23.] RULE 6004-3 SALE OR REFINANCE OF PROPERTY BY CHAPTER 13 DEBTOR AFTER CONFIRMATION (A) A debtor intending to sell or refinance real property following confirmation of a plan shall file a motion and shall provide the chapter 13 trustee and all creditors and parties in interest at least 21 days' notice of the motion seeking such approval unless the notice period has been shortened by the Court for cause shown.

(B) In addition to setting forth the information required by FRBP 2002(c)(1), the notice shall state: (1) the total proposed sale price or maximum amount to be secured by the refinancing, as the case may be, and, in the case of refinancing, the amount of existing secured debt to be paid thereby; (2) the amount of the sale or loan proceeds to be applied to the debtor’s obligations under the confirmed plan; (3) whether such payment will result in full payment of all allowed claims; and (4) if all allowed claims will not be paid in full, the amount of the sale or loan proceeds that will be paid to the debtor. (C) If no objection is filed within the objection period, the court, in its discretion, may enter an order endorsed by the chapter 13 trustee approving the sale or refinance without holding a hearing. Comments