You are here

B-3015-2. FILING AND DISTRIBUTION OF MODIFICATIONS TO CHAPTER 13 PLANS

(a)   Pre-Confirmation Modifications

(1)      Agreed Modifications with Creditor: Filing and Notice

If the Debtor, a creditor, and the trustee agree upon a plan modification before confirmation, and that modification only affects the treatment of the creditor agreeing to the change, the parties shall file an agreed modification. Notice to creditors of the modification is not required. The Court will not approve the agreement by separate order, as the agreement is deemed approved by the subsequent confirmation order.

(2)      Agreed Modifications with Trustee: Filing and Notice

If the Debtor and the trustee agree upon a plan modification before confirmation that does not adversely affect the treatment of a creditor, the parties shall file an agreed modification. Notice to creditors of the modification is not required. The Court will not approve the modification by separate order, as the modification is deemed approved by the subsequent confirmation order.

(3)      Other Pre-Confirmation Modifications

A pre-confirmation modification that affects the treatment of creditors that have not agreed to the modification requires the filing of an amended plan which the Trustee or the Debtor shall distribute under S.D. Ind. B-3015-1.

(b)   Post-Confirmation Modifications

(1)      Motion to Modify Plan

A proposed modification of a confirmed plan shall be filed as a Motion to Modify Plan, which shall set forth both the current and proposed new plan payment amounts. The movant shall distribute notice of the filing and the deadline for objections and file a Certificate of Service.

(2)      Supplemental Schedues I and J

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 shall be accompanied by a supplemental Schedule I and Schedule J.