Modification of Chapter 13 Plan Prior to Confirmation

Rev. 5/22/2018

 

11 U.S.C. § 1323

Amended Standing Order Procedure for Modification of Chapter 13 Plan (Effective June 1, 2018).

 

 

Modification of a chapter 13 plan before confirmation requires notice to the trustee, United States Trustee, and all creditors affected by the modification.

 

Only a modified plan and negative notice are required when changing an unconfirmed plan.  The notice must include a statement that recipients have *30 days to object to the proposed modification by filing an objection with the court.  If an objection is timely filed, the court will schedule a hearing.

 

Important Note: If the debtor did not provide notice of the original plan pursuant to Miss. Bankr. L.R. 3015-1(c), the attorney must send notice of the modification to all creditors.

  

 

Related topic: Chapter 13 Amendment to Schedules

 

*Effective June 1, 2018, the amended standing order changed the objection period changed from 21 to 30 days.

 

 

Requirements:

 

Modified Plan

Notice with Certificate of Service

 


Step 1: File Modified Plan


Docket Event:

 

[Bankruptcy> Plan> Modified Chapter 13 Plan] 

 

 

Docketing Process:

 

  • The filer must relate the modified plan to the docket entry for the previous filed plan.
  • The filer must select the specific motions/requests when the modified plan includes a new debt in parts 3.2 or 3.4, new collateral in 3.5 or new lease/contract in 6.1.

 

 The selections made determines the final docket text.

 

 


Step 2: File notice with Certificate of Service


 See: Notice of Modified Plan (Chapter 13)