Plan - Amended Chapter 13 Plan -- Pre-Confirmation

Rev. 12/12/14

 AMENDED CHAPTER 13 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 13 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. Then, the clerk will issue and send to the parties a notice setting confirmation objection and hearing dates for the amended plan.

 

Codes, Rules and Forms:
 
Bankruptcy Code:
Bankruptcy Rule:
Local Rule:
Local Recommended Form:
 

CM/ECF Event(s):
           
        Plan, Amended Chapter 13 Plan (Pre-Confirmation)
 
 

I.     Noticing:

       A.       Type:                      Hearing Required – 28 day language  (Sample Form)

       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

The hearing notice must include the following language (Sample Form)

For Judge France cases only:

Please note that evidentiary hearings will not be conducted at the time of the confirmation hearing.  If it is determined during the confirmation hearing that an evidentiary hearing is required, the evidentiary hearing will be scheduled for a future date.

For Judges Thomas and Opel cases:

Any objections to confirmation of the plan will be heard at the above-scheduled confirmation hearing. Counsel should be prepared to proceed on any unresolved objections to the plan at this time.