Rule 3015-1 : Filing of Chapter 13 Plan


(a) Chapter 13 Confirmation Process – Forms:

The court has developed the following Local Bankruptcy Forms in connection with this L.B.R. 3015-1.

(1) L.B. Form 3015-1.1 – Chapter 13 Plan: The Chapter 13 Plan form must be used when filing the original plan, as well as with any amendment to the plan.

(2) L.B. Form 3015-1.2 – Notice of Filing of Chapter 13 Plan, Deadline for Filing Objections Thereto, and Hearing on Confirmation: This notice may be used when the plan is filed after the petition date. In a case that is converted to chapter 13, this notice may be used when the plan is filed after the conversion date. This notice may also be used if creditors are added to the schedules after the petition date.

(3) L.B. Form 3015-1.3 – Notice of Continued Dates for Meeting of Creditors and Hearing on Confirmation of Plan: This notice may be used if the Meeting of Creditors is continued to a date after the Hearing on Confirmation.

(4) L.B. Form 3015-1.4 – Verification of Confirmable Plan: The Verification is to be filed when (a) there are no pending objections to the plan or amended plan, as applicable, (b) the debtor has complied with the verification requirements and (c) the debtor requests confirmation of the plan.

(5) L.B. Form 3015-1.5 – Certificate and Motion to Determine Notice: The Certificate and Motion to Determine Notice addresses objections, amendments, and notice of a chapter 13 plan and is to be filed by the debtor when objections or amendments to the plan are filed.

(6) L.B. Form 3015-1.6 – Notice of Filing Amended Chapter 13 Plan Prior to Hearing on Confirmation and Deadline for Filing Objections Thereto: To be used to provide notice of an amended chapter 13 plan that is filed and served prior to the original hearing on confirmation date.

(7) L.B. Form 3015-1.7 – Notice of Filing Amended Chapter 13 Plan and Deadline for Filing Objections Thereto: To be used when directed by the court to utilize notice procedures under FED. R. BANKR. P. 2002 and L.B.R. 2002-1 and 9013-1.

(8) L.B. Form 3015-1.8 – Notice of Filing Amended Chapter 13 Plan, Deadline for Filing Objections Thereto, and Hearing on Confirmation: To be used when directed by the court to utilize notice procedures under FED. R. BANKR. P. 2002 and L.B.R. 2002-1 and 9013-1 and the court provides the debtor with a new hearing on confirmation date.

(9) L.B. Form 3015-1.9 – Chapter 13 Confirmation Order: The court may use this form order or a virtual order to confirm the plan.

(10) L.B. Form 3015-1.10 – Order Modifying Confirmed Chapter 13 Plan:

The court may use this form order to modify a confirmed plan.

(11) L.B. Form 3015-1.11 – Chapter 13 Debtor’s Certification to Obtain Discharge: To be used after all of the plan payments are completed and the debtor seeks a chapter 13 discharge.

(12) L.B. Form 3015-1.12 – Order on Chapter 13 Debtor’s Certification to Obtain Discharge: The court may use this form order in response to L.B. Form 3015-1.11.

(b) Filing of the Chapter 13 Plan:

(1) The chapter 13 plan must be filed in accordance with FED. R. BANK. P. 3015. The form of the plan must conform to L.B. Form 3015-1.1.

(2) The failure to timely file the plan will result in the dismissal of the case pursuant to L.B.R. 1007-1 and 1017-3 and the United States Trustee’s Standing Motion to Dismiss Deficient Case, without further notice, certification or hearing.

(3) The chapter 13 confirmation process is a contested matter subject to FED. R. BANKR. P. 7004 and 9014. If the debtor is proposing to modify the rights of secured creditors, the debtor must specifically serve such creditors in the manner specified by the FED. R. BANKR. P.

(c) Notice of the Chapter 13 Plan and Hearing on Confirmation:

(1) When the plan is filed with the petition, or at the time of conversion to chapter 13, the court may mail a copy of the plan along with the Notice of Meeting of Creditors containing the date and time of the hearing on confirmation and the deadline to file objections to the plan. The court may mail the plan by means of first class mail to the Chapter 13 trustee, the United States Trustee and to the addresses for parties as listed on the Creditor Address Mailing Matrix filed in the case at the time of the mailing, subject to the redirection of mail by the Bankruptcy Noticing Center under 11 U.S.C. § 342. The above mailing by the court may not satisfy the service requirements of FED. R. BANKR. P. 9014 and 7004; if not, the debtor is responsible for satisfying any applicable service requirements under those rules. If the court does not mail the plan, the debtor must provide service as set forth in subparagraph (2) immediately below.

(2) In addition to the requirements of FED. R. BANKR. P. 3015, when the plan is filed after the petition date, or after the date of conversion to chapter 13, the debtor must forthwith serve a copy of the plan along with a legally sufficient notice setting forth the date, time and location of the confirmation hearing and the deadline to file objections to the plan on all parties listed in paragraph (c)(1) above. The debtor may mail a copy of the Notice of Meeting of Creditors with the plan to comply with this notice requirement, or use L.B. Form 3015-1.2.

(3) No later than three (3) court days following the debtor’s mailing of the plan or any amended plan, the debtor must file a certificate of service setting forth the name of the document(s) mailed and all parties to whom notice was provided. The certificate of service should be filed with the plan or any amended plan, but not later than three (3) court days following mailing of the plan or any amended plan.

(4) The debtor is responsible for providing legally sufficient service and notice of the plan, the deadline to file objections thereto, and the hearing on confirmation to any additional creditors added at any time during the case.

(d) Continued Meeting of Creditors:

(1) Consistent with L.B.R. 2003-1, a debtor’s request for a continuance of the 11 U.S.C. § 341(a) meeting of creditors must be in writing and served on the chapter 13 trustee no less than seven (7) days prior to the date and time of the scheduled meeting. A request for a continuance of the meeting of creditors is not filed with the court.

(2) In the event that the meeting of creditors is continued to a date prior to the original hearing on confirmation date, the hearing on confirmation will remain as scheduled.

(3) In the event that the meeting of creditors is continued to a date after the original hearing on confirmation date, the debtor must file a motion to continue the hearing on confirmation or appear at the originally scheduled date for the hearing on confirmation and request new deadlines be set by the court.

(4) Within three (3) court days of the entry of an order granting a motion to continue the hearing on confirmation, the requesting party shall file and serve a Notice of Continued Dates for Meeting of Creditors and Hearing on Confirmation of Plan in substantial compliance with L.B.Form 3015-1.3 on all parties in interest, and file proof of such service with the court.

(e) Filing Objections to Confirmation of Chapter 13 Plan:

(1) No later than three (3) court days prior to the date first set for the meeting of creditors, objections to the plan must be filed with the court and served on the chapter 13 trustee, the debtor and debtor’s counsel.

(2) Parties in interest may seek leave to file a late objection. A motion to file a late objection must include the proposed objection as an exhibit.

(3) Objections must clearly specify the grounds upon which they are based, including the citation of supporting legal authority, if any. General objections will not be considered by the court and the failure to plead with specificity may result in the court striking the objection.

(A) A creditor’s objection as to the claim amount owed as provided in the plan must be accompanied by an attached payment history and categorical calculation (e.g., fees, costs, principal, and interest) of the amount the creditor asserts is owed.

(B) Objections to the debtor’s expenses or Current Monthly Income calculations must specify each expense item or calculation to which an objection is raised and the basis for the objection.

(C) Objections to the debtor’s request for valuation of collateral and determination of secured status under 11 U.S.C. § 506 must comply with L.B.R. 3012-1, including the amount and basis of the alternative value proposed by the objector.

(4) Unless otherwise ordered, previously filed objections to confirmation are deemed moot and new objections must be timely filed addressing any amended plan if, after court approval, the amended plan is sent on notice with an opportunity to object. Objections to a debtor’s motion for valuation of real property under 11 U.S.C. § 506 and L.B.R. 3012-1 will be deemed continued until the objection is withdrawn, resolved, granted or denied.

(f) If No Plan Objections Are Filed:

(1) No Amendment to the Plan.

(A) If no objections are filed, no amendments are necessary and the debtor has complied with the verification requirements, the debtor must file a Verification of Confirmable Plan no earlier than seven (7) days following the debtor’s first attendance at the meeting of creditors but no later than four (4) court days prior to the original hearing on confirmation.

(B) The Verification of Confirmable Plan must be in substantial conformity with, and contain all of the information in, L.B. Form 3015- 1.4.

(C) A copy of the Verification of Confirmable Plan must be served on the chapter 13 trustee and any parties requesting notice.

(D) Upon the filing of the Verification of Confirmable Plan the court may confirm the plan without requiring any parties to appear at the hearing on confirmation.

(2) Amendments to the Plan Prior to Originally Scheduled Hearing on Confirmation When No Plan Objections Are Filed.

(A) If no objections are filed, and an amendment to the plan is necessary, the debtor must file the amended plan, along with a Certificate and Motion to Determine Notice, no earlier than the day following the debtor’s first attendance at the meeting of creditors and no later than four (4) court days prior to the hearing on confirmation.

(B) The Certificate and Motion to Determine Notice must be in substantial conformity with, and contain all of the applicable information in, L.B. Form 3015-1.5.

(C) The debtor must serve a copy of the amended plan and Certificate and Motion to Determine Notice to the chapter 13 trustee and those parties requesting notice.

(D) After the filing of a Certificate and Motion to Determine Notice, the court will order what notice, if any, is required and provide instructions regarding the setting of any further hearing either at the hearing on confirmation or by separate written order.

(E) If there are at least twenty-eight (28) days between the date of service and the scheduled hearing on confirmation, the debtor may file and serve an amended plan. Such plan is to be filed and served no earlier than the debtor’s first attendance at the meeting of creditors and it will be considered at the originally scheduled hearing on confirmation. If the debtor so elects, the following shall apply:

(i) Debtor shall serve all creditors and parties in interest with the amended plan so filed and a notice which substantially conforms with L.B.Form 3015-1.6 and which sets an objection date that is twenty-one (21) days from the date of service of the amended plan and notice.

(ii) If the debtor complies with subsection (E)(i), the requirement of subsection L.B.R. 3015-1(f)(2) for filing a Certificate and Motion to Determine Notice as to the prior plan is waived.

(iii) If no objections are filed to the amended plan so served, the debtor shall file a Verification of Confirmable Plan no later than four (4) court days prior to the hearing. Upon the filing of the Verification of Confirmable Plan, the court may vacate the hearing on confirmation.

(iv) If objections are filed to an amended plan filed in accordance with this procedure, the debtor shall make reasonable efforts to complete the obligation to meet and confer and file a Certificate and Motion to Determine Notice to advise the court and objecting parties of the debtor’s response to the objection(s) no later than four (4) court days prior to the hearing on confirmation. The originally scheduled hearing will proceed as set.

(v) If the debtor complies with the provisions of this subsection in prosecuting an amended plan, the time period for filing objections to the amended plan of Fed.R.Bankr.P. 2002(b), is shortened by this Local Bankruptcy Rule to twenty-one (21) days from mailing.

(g) If Plan Objections Are Filed:

(1) Obligation to Meet and Confer.

(A) In an effort to resolve or narrow the issues in dispute, no later than seven (7) days prior to the hearing on confirmation, the debtor and any objecting party must Meet and Confer, as that term is defined in L.B.R. 9001.

(B) The failure to comply with the obligation to Meet and Confer may result in the court striking the objection, denying confirmation or taking further action as appropriate.

(2) No Amendment to the Plan.

(A) If there are objections to the plan and the debtor is not filing an amended plan to resolve the objections, the debtor must file a Certificate and Motion to Determine Notice, no earlier than the day following the debtor’s first attendance at the meeting of creditors and no later than four (4) court days prior to the hearing on confirmation.

(B) The Certificate and Motion to Determine Notice must be in substantial conformity with, and contain all of the applicable information in L.B. Form 3015-1.5.

(C) The debtor must serve a copy of the Certificate and Motion to Determine Notice to the chapter 13 trustee, any parties who objected to the most recently noticed plan, and those requesting notice.

(D) After the filing of a Certificate and Motion to Determine Notice, the court may order what notice, if any, is required and provide instructions regarding the setting of any further hearing either at the hearing on confirmation or by separate written order.

(3) Amendments to the Plan Prior to Originally Scheduled Hearing on Confirmation When Plan Objections Are Filed.

(A) If there are objections to the plan and the debtor is filing an amended plan to resolve some or all of the objections, the debtor must file the amended plan, along with a Certificate and Motion to Determine Notice, no earlier than the day following the debtor’s first attendance at the meeting of creditors and compliance with the obligation to meet and confer, but no later than four (4) court days prior to the hearing on confirmation.

(B) The Certificate and Motion to Determine Notice must be in substantial conformity with, and contain all of the applicable information in L.B. Form 3015-1.5.

(C) The debtor must serve a copy of the amended plan and Certificate and Motion to Determine Notice to the chapter 13 trustee, any parties who objected to the most recently noticed plan, and those requesting notice.

(D) After the filing of a Certificate and Motion to Determine Notice, the court may order what notice, if any, is required and provide instructions regarding the setting of any further hearing either at the hearing on confirmation or by separate written order.

(E) If there are at least twenty-eight (28) days between the date of service and the scheduled hearing on confirmation, the debtor may file and serve an amended plan. Provided the debtor otherwise complies with the provisions of L.B.R. 3015-1(f)(2)(E) above, such plan is to be filed and served no earlier than the debtor’s first attendance at the meeting of creditors and compliance with the obligation to meet and confer, so it will be considered at the originally scheduled hearing on confirmation. The provisions of L.B.R. 3015-1(e)(4) apply to this subsection (E).

(4) Plan Objections Resolved.

(A) If there are no pending objections or objections have been formally withdrawn to the plan or amended plan, as applicable, the debtor has complied with the certification requirements, and the plan is otherwise ready for confirmation, the debtor must file the Verification of Confirmable Plan to obtain an order confirming the plan.

(B) The Verification of Confirmable Plan must be in substantial conformity with, and contain all of the information in, L.B. Form 3015- 1.4.

(C) A copy of the Verification of Confirmable Plan must be served on the chapter 13 trustee, any parties who objected to the most recently noticed plan, and those requesting notice.

(D) Upon the filing of the Verification of Confirmable Plan the court may confirm the plan at the hearing on confirmation, or by separate court order without requiring any parties to appear at the hearing on confirmation.

(h) Hearings: The debtor and objecting parties must appear or be represented at any scheduled hearing on confirmation, unless otherwise ordered by the court.

(i) Service of Amended Plan After the Scheduled Hearing on Confirmation: The court will direct what procedures apply for amendments to a plan at or after the scheduled hearing on confirmation, including utilizing the procedures set forth in L.B.R. 2002-1 and 9013-1. The court may require the debtor to use L.B. Form 3015-1.8 to provide notice of an amended plan, the deadline for filing objections thereto, and the setting of a new hearing on confirmation. In the alternative, the court may require the debtor to use L.B. Form 3015-1.7 to provide notice of an amended plan and the deadline for filing objections thereto, without the further setting of a new hearing on confirmation.

(j) Modification of Chapter 13 Plan After Confirmation:

(1) Proposed Modified Plan: In the event the debtor, the trustee, or the holder of an allowed unsecured claim desires to modify a confirmed chapter 13 plan, the movant must file the proposed modified plan together with a motion requesting modification which must state with particularity the date the plan was originally confirmed, the reason for the modification and the effect upon distribution to each creditor class should the modification be approved. If the modification is proposed after the expiration of the period for the filing of claims, service may be limited to the trustee, any party whose interest is affected by the modification and upon those creditors who have filed proofs of claim.

(2) Notice: Notice of the proposed modified plan is governed by FED. R. BANKR. P. 3015(g) and L.B.R. 2002-1 and 9013-1.

Commentary

[Source: T.L.B.R. 3015-1 and L.B.R. 315, 319, and 320]

Parties may check the judge’s webpage for options to appear by telephone and the process for doing so.

The definition of Meet and Confer is contained in L.B.R. 9001-1. The court believes that the obligation to Meet and Confer is an important process for the exchange of information and facilitates the prompt resolution of disputes. The initial burden to timely commence the Meet and Confer is on the debtor, however the chapter 13 trustee or objector may do so as well. Parties are encouraged to initiate the Meet and Confer as close to the time the objection is filed, but in no case later than seven (7) days prior to the hearing on confirmation.

Debtors or their counsel must follow the current procedures for mailing Chapter 13 plans as contained in General Procedure Orders or the CM/ECF filing guidelines. See GPO 2012-6. If there is no Bankruptcy Noticing Center Certificate of Service for the filed plan, then, the Court did not mail the plan. January, 1, 2014.