Official Procedure Last Change January 4, 2013
Menu item to use: |
Bankruptcy > Plans & Disclosure Statements > Agreed Modification of Chapter 12/13 Plan |
S.D.Ind. B-3015-3 |
This event is available for use in chapter 12 and 13 cases which have not yet been confirmed. The Immaterial Modification to Plan event is used in Chapter 11 cases.
If a modification to a plan has been agreed pre-confirmation and the change does not impact any other creditors, it may be filed using the instructions below. Notice to creditors of the agreement is not required.
If the modification does impact other creditors, it should be filed as an Amended Plan, which requires notice to all creditors.
Any modifications to a plan after confirmation should be filed as a Motion to Modify Plan, which requires notice to all creditors.
Filing Requirements
The Agreed Modification must be signed by all parties to the agreement.
The document should not be titled "Immaterial Modification to Plan" - this term applies to Chapter 11 cases only.
A proposed order does not need to be uploaded. The subsequent confirmation order will be deemed an approval of the plan as modified by the agreement.
2. Select Bankruptcy > Plans & Disclosure Statements
3. Enter the case number (in the format xx-xxxxx) and click Next
4. Select Agreed Modification of Chapter 12/13 Plan and click Next
5. External Users Only: Check box if jointly filing with another attorney, click Next. If jointly filing, select additional attorneys, click Next
6. Click to highlight Party. Click Next. If the party is not listed, click Add/ Create New Party
7. If no new attorney(s) or party was added, skip to next step. If a new attorney or new party was added to the case, check appropriate box(es) to create an association between the attorney and party, click Next. If the associations are not correct, do not check any box, click Next
8. Browse to select pdf file, then click Next
9. Check the box next to the most recent plan or amended plan and click Next
10. Enter additional text in the text box, if desired, and click Next
11. Verify the final docket text; if correct, click Next to submit your document(s).
Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.
Curing Deficiencies
If the Agreed Modification is deficient, an amended document must be filed prior to the deficiency deadline using the instructions above, or the Agreed Modification may be stricken.