Overview:
These motions are filed by a debtor in a chapter 13 or chapter 12 case requesting the court to either defer, extend, suspend or allow arrearages when a debtor is delinquent in their chapter 13 or chapter 12 plan payments. This relief is usually requested when the debtor has missed plan payments and it would be in the best interest of the debtor(s) estate for the debtor(s) to continue with their plan.
This filing should be accompanied by the Motion, Notice of Motion and Proposed Order. When required by Local Bankruptcy Rule 9013-3, a Certificate of Service must also be filed.
For order format, please see Proposed Orders.
Codes, Rules and Forms:
| Bankruptcy Code: | None | Bankruptcy Rule: | None | Local Rule: | None | Official Form: | None |
CM/ECF Event(s):
Motions/Applications, Defer, Extend, Suspend, Allow Arrearages of Plan Payments
Noticing:
| A. Type: | Passive - 21 day language |
| B. Who Serves: | Movant |
| C. Service: | If the time period requested is exactly or less than three (3) months, the movant shall file the motion with the court and serve the Chapter 13 Trustee and Secured Creditors receiving conduit and/or adequate protection payments under the plan. If the request is for a time period greater than three (3) months, the movant must serve the motion on all creditors on the matrix. |
Rev. 05/08/19