Rule 3015-2 Chapter 12 or 13 - Amendments to Plans.

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

(b) Pre-Confirmation Amendments.  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) Filing and Service of Chapter 12 or Chapter 13 Amended Plan - Pre-Confirmation by a CM/ECF Filer.  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, and subject to the service requirements set forth in L.B.R. 3015-1(b) and F.R.B.P. 4003(d), 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.  The CM/ECF filer must also file a certificate of service which complies with L.B.R. 9013-2.

(d) Filing and Service of Chapter 12 or Chapter 13 Amended Plan - Pre-Confirmation by a Pro Se Debtor.  A self-represented debtor must file the amended plan with the clerk's office.  Within five days thereafter, the debtor must serve the amended plan upon each party on the mailing matrix and file a certificate of service. The clerk will then serve a notice upon the parties in interest setting the date to object and of the confirmation hearing.

(e) Modification of the Chapter 12 or Chapter 13 Plan After Confirmation by a CM/ECF Filer.  A request to modify a plan under F.R.B.P. 3015(h) shall be made by motion.

(f) Service of Chapter 12 or 13 Amended Plan After Confirmation by a CM/ECF Filer.  Subject to the service requirements set forth in L.B.R. 3015-1(b) and F.R.B.P. 4003(d), an amended post confirmation plan and a passive notice containing the objection date must be provided to each creditor and party in interest, either by U.S. mail or electronically through the CM/ECF system.  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 motion, notice, and amended plan on all creditors by filing the appropriate local form (L.B.F. 3015-2(a) for Chapter 13 cases or L.B.R. 3015-2(c) for Chapter 12 cases), certifying that service has been made on the affected creditors.  Further, 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 motion, notice, and amended plan on all creditors by filing L.B.F. 3015-2(b), certifying the limited changes to the confirmed plan.

(g) Filing and Service of Chapter 12 or 13 Amended Plan After Confirmation by Pro Se Debtor.  A pro se debtor who wishes to amend a confirmed plan must file a motion to modify the confirmed plan with the clerk's office.  The proposed modified plan and a proposed order must be attached to the motion to modify.  Subject to the service requirements set forth in L.B.R. 3015-1(b), the pro se debtor must, within five (5) days, mail a copy of the amended plan, the motion to modify, and a proposed order to each creditor and party in interest.  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 creditors and parties in interest a passive notice setting the objection date on the post confirmation amended plan.

(h) Waiver of Objections to Chapter 12 or Chapter 13 Plans.  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.

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