Plan - Amended Chapter 12 Plan -- Pre-Confirmation

Rev. 09/01/14

AMENDED CHAPTER 12 PLAN -- PRE-CONFIRMATION
(Modification of Plan before Confirmation)

Overview:

Once a plan has been filed, any changes proposed by the debtor must be made by filing an amended plan and not by filing a stipulation between the affected parties.  If an amended plan is filed after the clerk’s office notices the initial confirmation hearing but prior to the confirmation of the plan, a CM/ECF filer may request a new confirmation hearing date by using the self-scheduling procedures as set forth in L.B.R. 9002-1. At the time the amended plan is filed, the CM/ECF filer must provide a copy of the amended plan and the notice setting confirmation objection and hearing dates for the pre confirmation amended plan to each party on the mailing matrix, either by U.S. mail or electronically through the CM/ECF system.

A chapter 12 debtor who represents him or herself must file the amended plan with the clerk’s office. When the amended plan is filed, the pro se debtor must, within five (5) days, mail a copy of the amended plan to each party on the mailing matrix. The pro se debtor must also file a certificate of service, which complies with L.B.R. 9013-2. After the certificate of service is filed, the clerk will then issue and send to the parties in interest a notice setting confirmation objection and hearing dates for the pre confirmation amended plan.

 

 Codes, Rules and Forms:

Bankruptcy Code:

1223

Bankruptcy Rule:

2002(a)(8) & 3015

Local Rule:

3015-2(b)-(d)

Local Form:

None

 

CM/ECF Event(s):

            Plan, Amended Chapter 12 Plan (Pre-Confirmation)
 

I.  Noticing:

            A.    Type:                     Confirmation Hearing -- 21 day language

           B.    Who Serves:        Clerk -- Only if:  (1) amended plan is filed prior to the Confirmation Hearing Notice being sent; or (2) amended plan is filed by a pro-se debtor.
                                                  Movant -- If amended plan is filed after the Confirmation Hearing Notice has been sent by the Clerk.

           C.   Service:                  Matrix