Chapter 13 Modifications

01/31/2013

 

Amendment and/or Modification required when: Plan changes e.g. Debtor proposes to change the percentage paid to unsecured creditors or creditor is changed from secured to unsecured or adding a secured creditor.

 

A Motion to Modify Debtor’s Plan is  filed after the plan has been confirmed.

 

CHAPTER 13 CASES POST-CONFIRMATION (Modification)

 

Docket Events:

Motion Events:

[Bankruptcy> Motions/Applications> Modify Plan (Post-Confirmation)]

[Bankruptcy> Motions/Applications> Allow Payment Arrearages]

Notice Events:

[Bankruptcy> Notice (21 day)] Event when not adding creditors

[Bankruptcy> Notice> Notice to Creditors Added by Amendment] Event when modification adds a creditor

Amended Schedule Event:

[Bankruptcy> Other >Amended Schedules D-E-F (Fee)]

[Bankruptcy> Other> Amended Schedules A, B, C, G, H, I, or J]

 

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To avoid being charged two amendment filing fees, when amending schedules D E or F, include the amended matrix with the amended schedules.  Docketing the amended schedules and amended matrix using the event: [Bankruptcy> Other> Amended Schedules D-E-F (Fee)]

 

 

Modified Plan Event:

[Bankruptcy> Plan> Modified Chapter 13 Plan]

 

REQUIREMENTS:

 

Adding creditors:
 

  • Motion to Modify Plan with Certificate of Service

  • Notice with certificate of service providing: (Local form available on the Court's web site www.mssb.uscourts.gov  under the Bankruptcy Forms/Fees Tab)

    • 21 days to file an objection to the modification

    • 21 days to file a written request of the U.S. Trustee for an adjourned § 341(a) meeting of creditors

    • 60 days to file a motion objecting to discharge under § 1328(f), complaint to determine the dischargeablity of a debt or a motion to seek an extension of time for filing a motion or complaint objecting to discharge.

    • 30 days to file an objection to debtor's list of property claimed as exempt.

    • 90 days to file a proof of claim

    • Proof of Claim Form (Official Form B10) The form is available on the US Court's web site at www.uscourts.gov

    • a redacted copy of the § 341(a) meeting of creditors notice and plan attached

  • Amended Schedules with Declaration Statement

  • Amended Matrix

  • Filing Fee  

  • Modified Chapter 13 Plan

  • Proposed order approving motion to modify plan

 

NOT adding creditors:
 

  • Motion to Modify Plan with Certificate of Service

  • Notice with a 21-day objection period and certificate of service

  • Amended Schedules with Declaration Statement

  • Modified Chapter 13 Plan

  • Proposed order approving motion to modify plan