CHAPTER 13 PLANS

Rule No: 
3015-1

 

(a)    Chapter 13 Plan.  All chapter 13 plans (original and amended) shall conform to Local Bankruptcy Form 13-4.  All appropriate blanks on the form shall be completed including any additional provisions which shall be set forth where indicated in the form plan.  The last four digits of the debtor’s social security number shall be provided where indicated and, if the plan provides for or affects traffic or criminal fines, forfeitures, or sanctions, the debtor’s date of birth.  The debtor and the debtor’s attorney (if represented by counsel) shall sign and date where indicated.

(b)          Other Chapter 13 Plan Provisions.  Any additional case-specific provisions included in Section XII of the form plan (Local Bankruptcy Form 13-4) which modify any of the provisions contained in Sections I through XI shall begin by specifically referencing the section(s) modified, such as "Section IV.A.3 is modified as follows… ."

(c)          Notice of the Plan.                         

                         (1)          If the plan is filed at the same time as the petition, the clerk of court shall mail a copy of the plan to all creditors.

                         (2)          If the plan is filed after the petition, the debtor shall serve copies of the plan to all creditors not less than 14 days prior to the originally scheduled meeting of creditors. Nothing in this subsection excuses compliance with Fed. R. Bankr. P. 3015(b).

(d)          Objections to Confirmation.                 The debtor’s proposed chapter 13 plan is treated as a motion; an objection to confirmation is treated as a response.  If an objection to confirmation is filed and served on the debtor’s counsel, the debtor, the trustee, and any other party requesting notice at least 14 days prior to the hearing on plan confirmation the following provisions shall apply. 

                         (1)          Mandatory Reply.  The debtor shall file a reply to the objection to confirmation no later than 7 days prior to the hearing on plan confirmation.  (Note:  Local Bankruptcy Rule 9013­-1(d)(6) governs the timing of a reply, if any, in all chapter 13 proceedings except plan confirmation).  The filing of an amended plan shall not be considered a reply. 

                        (2)          Default.  If the debtor does not file and serve a reply to the objection to confirmation in accordance with section (d)(1) above, the court may enter an order sustaining the objection to confirmation and denying confirmation of the proposed chapter 13 plan prior to the time set for the confirmation hearing, upon the objecting party’s uploading of an order accompanied by proof of service and a declaration of no reply stating the date of service of the objection to confirmation and that no reply was timely received.  The uploaded order sustaining an objection to and denying confirmation of a proposed chapter 13 plan shall:         

 

                                (A)  Require that a feasible amended plan be filed no later than 14 days from the date of entry of the order and that the debtor note said amended plan for hearing, with the requisite notice required by Fed. R. Bankr. P. 2002(b) on the next available chapter 13 motion calendar.

                                (B)   Include the following statement:

NOTICE:  The failure to file a feasible, amended, chapter 13 plan and notice it for hearing in accordance with the terms of this Order may result in the trustee or objecting party submitting an order dismissing this chapter 13 proceeding without further notice.

                                             and,

                                (C)  Provide that the court’s order denying confirmation and setting the above deadlines be served on the debtor’s counsel, the debtor, the trustee, and any other party requesting notice.

(e)          Deviation from Means Test. If the debtor asserts that the debtor is unable to pay the projected disposable income figure that results from the means test, the debtor shall, in addition to filing Official Form B 122C-2, (1) provide the chapter 13 trustee with evidence of the change in circumstances; (2) include in Section IV.E.2.b of the plan the minimum amount the debtor shall pay to allowed nonpriority unsecured claims; and (3) include the following statement in Section XII of the plan: The debtor is unable to pay all or part of the debtor’s $_________ projected disposable income (the monthly disposable income shown on line 45 of Official Form B 122C-2 multiplied by the sixty month applicable commitment period) as documented pursuant to Local Bankruptcy Rule  3015-1(e), and instead proposes to pay to allowed nonpriority unsecured claims at least the amount listed in Section IV.E.2.b.

(f)           Chapter 13 Information Sheet.  At the time the petition is filed the debtor shall submit to the trustee a complete Chapter 13 Information Sheet (Local Bankruptcy Form 13-2).

(g)          Domestic Support Obligations.  The trustee shall commence payment on filed claims for current domestic support obligations as soon as unencumbered funds become available, unless otherwise directed by the terms of the proposed plan.

(h)          Domestic Support Certification.  Within 30 days of completion of all plan payments, debtors must file certifications stating either (1) that they are not liable for any domestic support obligation; or (2) that all domestic support obligations payable by them that became due on or before the date of the certification (including amounts due before the petition was filed, but only to the extent provided for by the plan) under any judicial or administrative order, or by statute, have been paid.  Failure to file the certification will result in the case being closed without a discharge.

(i)           Plan Modification.  A debtor seeking post-confirmation plan modification shall file an amended plan conforming to Local Bankruptcy Form 13-4, and a motion requesting approval of the modified plan, together with a declaration of the debtor explaining the need for the modification.  Contemporaneously with filing the motion and declaration, the debtor shall file supplemental Schedules I and J and provide the chapter 13 trustee copies of all payment advices or other evidence of proof of income received within the last 30 days.  A copy of a proposed order approving the modified plan shall be attached as an exhibit to the motion as a separate document and the order shall substantially comply with Local Bankruptcy Form 13-6.

(j)           Direct Plan Payments.  Unless the court orders otherwise after the debtor justifies an exception, all payments to creditors, including pre-confirmation adequate protection payments made pursuant to 11 U.S.C. § 1326(a)(1)(C),  shall be disbursed by the trustee, provided, however, that the debtor may make direct payments on the following obligations:  domestic support obligation payments made by an assignment from a debtor’s wages, leases of real and personal property, and deeds of trust/mortgages that are in a current status as of the date of the petition for relief.