Notice of Adoption of Guideline on Chapter 13 Post-Confirmation Motions to Excuse Plan Payments or Tax Refunds in Chapter 13 Cases and Plan Modifications

Release Date: 
Thursday, May 1, 2008

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Notice of Adoption of Guideline on Chapter 13 Post-Confirmation Motions to Excuse Plan Payments or Tax Refunds in Chapter 13 Cases and Plan Modifications

The Court has adopted the following guideline for inclusion in its local rules, effective for
the existing local rules and the amendments effective May 5, 2008:

Because post-confirmation motions to excuse plan payments or
tax refunds in chapter 13 cases are actually plan modifications, for
which the national and local rules establish a procedure, the Court
will no longer consider such motions. Upon the filing of such a postconfirmation
motion, the Court will enter an order denying it without
prejudice to the debtor’s right to file a proposed plan modification.

         Any such proposed plan modification shall:
(1) be served as required by F.R.Bankr.P. 3015(g);
(2) comply with LBR 3015-2(b);
(3) state with specificity the impact of the proposed plan
modification on each class of creditors;
(4) be accompanied by a form “Notice of Deadline to Object to
Chapter 13 Plan Modification,” available on the Court’s website;
and
(5) be filed in ECF using the event, “Chapter 13 Post-
Confirmation Plan Modification.”

If a timely objection is filed, the Court will set the matter for hearing
and give notice of the hearing to the debtor, the proponent of the plan
modification, the trustee and any objecting parties.