Motion to Modify Chapter 13 Plan

Menu item to use:

Bankruptcy > Plans & Disclosure Statements > Modify Chapter 13 Plan Post-Confirmation, Motion to

 

11 U.S.C.: Section 1329

F.R.B.P.: 2002(a)(5)

S.D.Ind. B-3015-3(b)

General Information

Except for instances outlined in the model Chapter 13 Plan, a motion must be filed with the court in order to modify a confirmed plan.

 

If seeking to modify a plan that has not yet been confirmed, an Amended Chapter 13 Plan should be filed.

 

 

Filing Requirements

 

Step-by-Step Procedures

1. Log into CM/ECF

 

2. Select Bankruptcy > Plans & Disclosure Statements

 

3. Enter the case number (in the format xx-xxxxx) and click Next

 

4. Select Modify Chapter 13 Plan Post-Confirmation, Motion to 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 on Add/Create New Party. Click Next

 

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

 

8. Browse to select the Motion (pdf file).  Click Next

 

9. Indicate whether the notice is included or will be filed separately. Click Next

 

10.  If you indicated that the notice is included, enter service date and click Next. Objection due date is calculated and displayed. Click Next

 

11. Select prefix text if applicable and click Next

 

12. 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 a Deficiency

If the Motion is deficient: A corrected motion must be filed prior to the deficiency deadline using the above instructions or the original filing may be stricken by the court.

 

If the Notice is deficient or was not filed: The notice can be filed separately using ECF event Modify Plan Post-Confirmation Notice with Certificate of Service. This must be done prior to the deficiency deadline or the Motion may be stricken by the court.

 

If the Certificate of Service was not filed: The Certificate of Service can be filed separately using the Certificate of Service (including Statement in Lieu for Address Changes) event. This must be done prior to the deficiency deadline or the Motion may be stricken by the court.