B-3015-2. FILING AND DISTRIBUTION OF PRE-CONFIRMATION AND POST-CONFIRMATION MODIFICATIONS TO CHAPTER 13 PLANS

(a)   Pre-Confirmation Modifications

(1)      Agreed Modifications with Creditor: Filing and Notice

If the Debtor, a creditor, and the trustee agree upon a modification to the plan before confirmation, and that modification only affects the treatment of the creditor agreeing to the change, then the parties shall file an agreed modification not requiring notice. Notice to creditors of the modification is not required. Any such agreement will not result in a separate order, as the subsequent confirmation order will be deemed an approval of the plan as modified by agreement.

(2)      Agreed Modifications with Trustee: Filing and Notice

If the Debtor and the trustee agree upon a modification to the plan before confirmation that does not adversely affect the treatment of any creditor, then the parties shall file an agreed modification not requiring notice. Notice to creditors of the agreement is not required. Any such agreement will not result in a separate order, as the subsequent confirmation order will be deemed an approval of the plan as modified by agreement.

(3)      Other Pre-Confirmation Modifications

Any pre-confirmation modification that affects the treatment of creditors that have not agreed to the modification requires the filing of an amended plan which shall be distributed by the trustee or the Debtor pursuant to S.D. Ind. B-3015-1.

(b)   Post-Confirmation Modifications

A proposed modification of a confirmed plan shall be filed as a Motion to Modify Plan. The movant shall distribute notice of the filing and of any hearing or deadline for objections and shall file a certificate of service that complies with S.D.Ind. B-9013-2.