Official Procedure Last Change November 16, 2012
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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) |
In order to modify a confirmed plan, a motion must be filed with the court. This applies to any change to the terms of the plan, including a Motion to use tax refund or waive tax refund obligation.
If seeking to modify a plan that has not yet been confirmed, an Amended Chapter 13 Plan should be filed.
Filing Requirements
The Motion must have been signed by the debtor(s), or attorney for debtor.
A Certificate of Service must accompany the Motion.
Use of the Court's sample form is encouraged.
The trustee is responsible for uploading a proposed order.
A 21 day objection notice must be included with the Motion. The Notice may be included in the body of the Motion or filed separately using the Modify Plan Post-Confirmation Notice with Certificate of Service event.
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.
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.