Official Procedure Last Change June 26, 2014

Agreed Modification of Plan

How to file:  Location of event: Bankruptcy > Plans & Disclosure Statements > Agreed Modification of Chapter 12/13 Plan Things to be aware of when filing: The document should not be titled "Immaterial Modification to Plan."

11 USC 1121 FRBP 3016 S. D. Ind B-3015-3

General Information

• 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 adversely 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 adversely 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, or as an Agreed Entry Modifying Plan Post-Confirmation, which requires no notice.

View flowchart for determining which event should be used

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.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Plans & Disclosure Statements.

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

4. Select Agreed Modification of Chapter 12/13 Plan from the event list and click Next.

5. 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, or cannot be selected, view instructions on adding a 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.

7. Browse to select the document to be filed (pdf file). Click Next.

8. Check the box next to the most recent plan or amended plan and click Next.

9. Select prefix text, if applicable, and click Next.

10. 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.

Official Procedure Last Change March 2, 2018

Amended Chapter 13 Plan

How to file:  Location of event: Bankruptcy > Plans & Disclosure Statements > Chapter 13 Plan - Amended (pre-Confirmation ONLY) Things to be aware of when filing: Ensure that the number of the amendment (1st, 2nd, etc) is shown in the box at the top of the model plan.

11 USC 1323, 1329 S. D. Ind B-3015-1

General Information

• 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 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 the court-generated 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. This should only be done once the Court has prepared and docketed the plan notice, since both the plan and notice should be distributed together.
• 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.
• There is no need to include a Certificate of Service - this will be filed by the party responsible for making the distribution (see General Information above), which is only done once the Court has prepared and docketed the plan notice.
• Do not include an objection notice along with the Amended Plan - the court will prepare the notice.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Plans & Disclosure Statements.

3. Enter 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. If jointly filing, select additional attorneys, click Next.

6. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a 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.

7. Browse to select the document to be filed (pdf file). Click Next.

8. Check all relevant check boxes then click Next.

9. Final docket text is displayed. Click Next.

10. 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.

Official Procedure Last Change July 28, 2021

Chapter 11 Disclosure Statement

How to file:  Location of event: Bankruptcy > Plans & Disclosure Statements > Disclosure Statement

11 USC 1125 S. D. Ind B-3017-2

General Information

• In a small business case, the debtor has different options for the plan solicitation process, and is subject to different deadlines. Consult the Small Business section for more information.
• A disclosure statement is never required under Subchapter V.
• The debtor (or any plan proponent) must file and get court approval of a written disclosure statement before there can be a vote on the plan of reorganization. The
• disclosure statement must provide "adequate information" concerning the affairs of the debtor to enable the holder of a claim or interest to make an informed judgment about the plan.
• After the disclosure statement is filed, the court must hold a hearing to determine whether the disclosure statement should be approved.
• Once the Court has entered an order approving the Disclosure Statement, the plan proponent has 14 days to file a Certificate of Service regarding the distribution of the Plan, Disclosure Statement and ballots.

Filing requirements 

• The disclosure statement must be signed by the proponent.
• The Chapter 11 plan may be filed along with the disclosure statement, or on a separate occasion.
• Small business cases: Official Form B25B may be used.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Plans & Disclosure Statements.

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

4. Select Disclosure Statement from the event list and click Next.

5. 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, or cannot be selected, view instructions on adding a 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.

7. Browse to select the document to be filed (pdf file). Click Next.

8. Select prefix text, if applicable, and click Next.

9. 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.

Official Procedure Last Change December 1, 2017

Chapter 11 Plans

How to file:  Location of event: Bankruptcy > Plans & Disclosure Statements > Chapter 11 Plan

11 USC 1121 FRBP 3016 S. D. Ind B-3018-1

General Information

• In a small business case, the debtor has different options for the plan solicitation process, and is subject to different deadlines. Consult the Small Business section for more information.
• The debtor (unless a "small business debtor") has a 120-day period during which it has an exclusive right to file a plan. This exclusivity period may be extended or reduced by the court. However, the exclusivity period may not be extended longer than 18 months. After the exclusivity period has expired, a creditor or the case trustee may file a competing plan. 
• In a small business case, only the debtor may file a plan until 180 days after the order for relief has been entered. The court may extend this period, but may also order that other parties are allowed to file a plan before the 180-day period expires.
• In a Subchapter V case, only the debtor may file a plan.
• After the exclusivity period expires or has been terminated, more than one plan may be submitted to the creditors for approval. Every proposed plan and modification must be dated and identified with the name of the entity or entities submitting the plan or modification.
• Except for Subchapter V cases, the debtor (or any plan proponent) must file and get court approval of a written disclosure statement before seeking votes on the plan of reorganization. The disclosure statement must provide "adequate information" concerning the affairs of the debtor to enable the holder of a claim or interest to make an informed judgment about the plan. (A disclosure statement is never required under Subchapter V.)
• 14 days after the Disclosure Statement is approved, the plan proponent must file a Certificate of Service with the Court showing service of plan and disclosure statement on all creditors.

Filing requirements 

• The plan must be signed by the attorney for the plan proponent (or by the plan proponent, if pro se).
• Chapter 11 plans must include contents as cited under 11 USC 1123.
• The Chapter 11 plan may be filed with or at a different time than the disclosure statement.
• Small business cases: Official Form B25B may be used.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Plans & Disclosure Statements.

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

4. Select Chapter 11 Plan from the event list and click Next.

5. 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, or cannot be selected, view instructions on adding a 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.

7. Browse to select the document to be filed (pdf file). Click Next.

8. Select whether plan is Reorganization or Liquidation, then click Next

9. Select prefix text, if applicable, and click Next.

10. 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.

Amended Chapter 12 Plan

How to file:  Location of event: Bankruptcy > Plans & Disclosure Statements > Chapter 12 Plan - Amended

11 USC 1221, 1222, 1224 FRBP 3015

General Information

• If the Plan is deficient, an amended document must be filed prior to the deficiency deadline using the Chapter 12 Plan - Amended event, or the Plan may be stricken.
• Once the plan is filed, the Court will issue a combined objection and hearing notice. That notice will also schedule a status conference regarding the plan, typically to be held the same day as the hearing on the plan. The debtor is responsible for distributing copies of this notice and the plan and to file a certificate of service.

Filing requirements 

• The plan must be signed by the attorney for the debtor or debtor if pro se.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Plans & Disclosure Statements.

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

4. Select Chapter 12 Plan - Amended from the event list and click Next.

5. 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, or cannot be selected, view instructions on adding a 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.

7. Browse to select the document to be filed (pdf file). Click Next.

8. Check all relevant check boxes then click Next.

9. A message is displayed. Click Next.

10. 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.

Official Procedure Last Change July 25, 2016

Chapter 12 Plans

How to file:  Location of event: Bankruptcy > Plans & Disclosure Statements > Chapter 12 Plan

11 USC 1221, 1222, 1224 FRBP 3015

General Information

• The Chapter 12 plan is due within 90 days of the filing of the Petition.
• Once the plan is filed, the Court will issue a combined objection and hearing notice. That notice will also schedule a status conference regarding the plan, typically to be held the same day as the hearing on the plan. The debtor is responsible for distributing copies of this notice and the plan and to file a certificate of service.

Filing requirements 

• The plan must be signed by the attorney for the debtor or debtor if pro se.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Plans & Disclosure Statements.

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

4. Select Chapter 12 Plan from the event list and click Next.

5. 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, or cannot be selected, view instructions on adding a 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.

7. Browse to select the document to be filed (pdf file). Click Next.

8. A message is displayed. Click Next.

9. Select prefix text, if applicable, and click Next.

Note: Do not select Amended - if you wish to file an Amended Chapter 12 Plan, use the Chapter 12 Plan - Amended event.

10. 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.

Official Procedure Last Change December 1, 2017

Chapter 13 Plan - Original/Corrected Original

How to file:  Location of event: Bankruptcy > Plans & Disclosure Statements > Chapter 13 Plan - Original/Corrected Original

11 USC 1321 FRBP 3015 S. D. Ind. B-3015-1

General Information

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 be filed as a separate event, not combined with any other document.
• 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.
• There is no need to include a Certificate of Service - this will be filed by the trustee once the Court has prepared and docketed the plan notice.
• Do not include an objection notice along with the Plan - the court will prepare the notice.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Plans & Disclosure Statements.

3. Enter 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. 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, or cannot be selected, view instructions on adding a 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.

7. Browse to select the document to be filed (pdf file). Click Next.

8. Check all relevant check boxes then click Next.

9. Final docket text is displayed. Click Next.

10. 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.