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.
- 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.
- 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.
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.
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.