Rule 3015-2 Chapter 13 - Amendments to Plans.

(a)     Numbering.  Amended plans must be numbered sequentially beginning with "First Amended Plan."

(b)     Amendments to the Plan Prior to Confirmation.  Once a plan has been filed, any changes to the plan proposed by the debtor must be made by filing an amended plan and not by filing a stipulation between the affected parties.

(c)     Service of Amended Plan - Pre Confirmation.  If an amended plan is filed after noticing of the confirmation hearing but prior to confirmation of the plan, the debtor will provide a copy of the amended plan to each party on the mailing matrix. Unless service is made electronically through the CM/ECF system, the debtor shall mail a copy of the amended plan to each creditor and party in interest. The Clerk will issue and send to the parties a notice setting confirmation objection and hearing dates for the amended plan.

(d)     Modification of the Plan After Confirmation.  A debtor who seeks to modify a plan after confirmation must do so by filing a motion to modify the plan with a copy of the amended plan and a proposed order.

(e)     Service of Amended Plan After Confirmation.  After filing a motion to amend a confirmed plan, the debtor will provide a copy of the amended plan to each party on the mailing matrix. Unless service is made electronically through the CM/ECF system, the debtor shall mail a copy of the amended plan to each creditor and party in interest. The Clerk will issue and send to the parties a passive notice setting the objection date on the post-confirmation amended plan. If an amended plan is filed that alters the treatment of the claims of a limited number of creditors, the debtor may be excused from serving the notice and amended plan on all creditors if L.B.F. 3015-2(a) is filed certifying that service has been made on the affected creditors. If an amended plan is filed to alter funding of the plan or to make technical amendments, but does not affect the payment of any creditor’s claim, the debtor may be excused from serving the notice and amended plan on all creditors if L.B.F. 3015-2(b) is filed certifying the limited changes to the plan. If neither L.B.F. 3015-2(a) or L.B.F. 3015-2(b) is filed with the amended plan, the debtor shall provide a copy of the amended plan as directed above. The Clerk will issue and send to the parties a passive notice setting the objection date on the post-confirmation amended plan.

(f)     Waiver of Objections.  The failure to file a timely objection, upon notice, is deemed a waiver of all objections to the amended plan and any prior plans, and the court may confirm the amended plan without further notice or hearing.

(g)     Time for Filing Amended Plans.  Within thirty (30) days after an order is entered that determines whether a lien may be avoided, determines the priority or extent of a lien, or resolves an objection to a claim, the debtor must file an amended plan to provide for the allowed amount and priority of the claim, if the allowed amount or priority differs from the claim as stated in the plan.

COMMENTS: L.B.R. 3015-3 was eliminated effective December 1, 2011 to avoid repetition of the provisions of F.R.B.P. 3002.1.

Part: 
Part III - Claims and Distribution to Creditors and Equity Interest Holders; Plans