Official Procedure Last Change October 1, 2012
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Bankruptcy > Plans & Disclosure Statements > Chapter 13 Plan - Amended (pre-Confirmation ONLY) |
11 USC 1323, 1329 |
A Chapter 13 plan may be modified at any time before confirmation by filing an Amended Plan. The Amended Plan, when filed, supersedes the initial plan.
Once the plan has been confirmed, a Motion to Modify Chapter 13 Plan must be filed if an amendment to the plan is sought.
The trustee will distribute copies of the first two amended plans along with an objection notice to all creditors and parties of interest. If a case is in the process of being transferred to another division or district (for instance, the objection time is running on a Motion to Transfer), the current trustee will do the distribution without waiting for the transfer to complete.
Third or subsequent amended plans must be distributed by the debtor or debtor's attorney.
If seeking to correct an error in the original plan, you should only file as an amended plan if the original plan has been distributed to parties. If the original plan has not yet distributed, you should file the new plan as a corrected plan, not an amended plan.
Filing Requirements
Amended Chapter 13 plans must use the Model Plan form approved by the Court.
The plan must have been signed by the attorney for debtor, or debtor if pro se.
2. Select Bankruptcy > Plans & Disclosure Statements
3. Enter the case number (in the format xx-xxxxx) and click Next
4. Select Chapter 13 Plan - Amended (Pre-Confirmation ONLY) from the event list and click Next
5. Check box if jointly filing with another attorney, click Next.
6. If you indicated that you are filing jointly with other attorney(s), select additional attorney(s) and click Next
NOTE: You cannot add attorneys. Only attorneys who have previously entered an appearance will be available for selection.
7. Select the party filer. If the party is not listed, click Add/Create New Party
Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association.
8. Browse to select the Plan (pdf file). Click Next
9. Select the related plan that is being amended. Click Next. (This step is skipped if this is the first amended plan to be filed.)
10. Final docket text is displayed. 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 Amended Plan is deficient, a new Amended Plan must be filed prior to the deficiency deadline using the instructions above, or the deficient plan may be stricken or the case dismissed.