Official Procedure Last Change October 1, 2012
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Bankruptcy > Plans & Disclosure Statements > Chapter 13 Plan - Original/Corrected Original |
11 U.S.C.: Section 1321 FRBP: 3015 S.D. IND. B-3015-1 |
The debtor must file the Chapter 13 Plan within 14 days after the date of filing the Chapter 13 Petition or conversion to Chapter 13. Failure to do this or to timely file a Motion for Extension of Time could result in the dismissal of the bankruptcy case.
The trustee will distribute copies of the Plan along with a notice giving an objection opportunity 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.
A corrected plan is used where the original plan was not distributed because it was deficient. Once the original plan has been distributed, any changes to the plan must be accomplished by the filing of an amended plan.
Filing Requirements
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.
The Amended Plan check box must not be checked. See separate instructions if you wish to file an amended plan.
2. Select Bankruptcy > Plans & Disclosure Statements
3. Enter the case number (in the format xx-xxxxx) and click Next
4. Select Chapter 13 Plan - Original/Corrected Original from the event list 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. Select the party filer. If the party is not listed, click on 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.
7. Browse to select the Plan (pdf file). Click Next
8. 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 Plan is deficient, a Corrected Plan must be filed prior to the deficiency deadline using the instructions above, or the bankruptcy case may be dismissed.