Official Procedure Last Change April 5, 2023

Motion to Modify Chapter 12/13 Plan

How to file:  Location of event: Bankruptcy > Plans & Disclosure Statements > Modify Plan Post-Confirmation, Motion to Things to be aware of when filing: Use of the Court's sample form is encouraged.

11 USC 1329 FRBP 2002(a)(5) S. D. Ind. B-3015-2, B-3015-3(b)

General Information

• This events if available for use in chapter 12 and 13 cases after confirmation.
• 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

• The Motion must be signed by the filing party or their attorney.
• Chapter 13 only - Motion must state the current and proposed new plan payment amounts, if changing, or state that the amount is not changing. The appropriate statement must be included
  in the body of the motion.
• A Motion to Modify Plan filed by the Debtor or an objection to the trustee’s Motion to Modify Plan that is based in whole or in part on a change in the Debtor’s income and/or expenses must be accompanied by a supplemental Schedule I and Schedule J.
• A Certificate of Service must be included.
• 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.

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 Modify 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, 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.

8. Browse to attach the document to be filed (pdf file). Click Next.

9. Select the Order Confirming Plan to which your motion relates and click Next.

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

11. If you indicated that the notice is included, the objection due date is calculated and displayed. Click Next.

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

Note: The prefix text option is not available if you indicated in Step 5 that the Motion you are filing is amended.

13. Verify final docket text. If correct, click Next to submit.

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.