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3015-4 Amended and Modified Chapter 13 Plans

(a)   Amendment of Plan Before Confirmation.

(1)      An amended plan filed before the initially scheduled confirmation hearing shall be titled as an amended plan.

(2)      An amended plan shall be titled to indicate whether it is the first or a later amendment.

(3)      An amended plan that provides for a moratorium on plan payments or adds post-petition payments to a creditor holding a secured claim shall state in detail the reason the debtor failed to make post-petition payments.

(4)      Plans amended before confirmation shall be filed and served no later than eight days before the scheduled confirmation hearing, on the chapter 13 trustee and every party whose claim is affected by the amended plan.

(5)      Amended plans may be filed within eight days before a scheduled confirmation hearing only with trustee consent and prior leave of court.

(b)   Modification of Confirmed Plans.

(1)      A modified plan shall:

(i)       be titled to indicate whether it is the first or a later modification;

(ii)      set forth the reason for the modification;

(iii)     specifically identify the changes in the debtor's circumstances that are cause for the modification, including, if appropriate, the reason the debtor has failed to make plan or post-petition payments to creditors holding secured claims; and

(iv)    set forth the amount of fees previously awarded to debtor's counsel during the case, and any additional fees sought for the modification.

(2)      A modified plan shall set forth all changes to the confirmed plan in contrasting type or underscored.

(3)      The debtor shall file amended schedules B106I and B106J with every modified plan if the debtor's income or expenses differ from the previously-filed schedules.

(4)      Objections to the confirmation of a modified plan shall be filed and served no later than fifteen days before the scheduled hearing.

(5)      Post-confirmation plan modifications shall be noticed for hearing pursuant to FRBP 3015(g) and Local Rule 9013-3(b).

(6)      Amendments to a modified plan shall be filed and served no later than eight days before the scheduled confirmation hearing on the chapter 13 trustee and every party whose claim is affected by the modified plan.

(7)      With the consent of the trustee and prior leave of court, written objections to amendments shall be filed and served on the trustee, the debtor and debtor's counsel at least two days before the scheduled confirmation hearing. The court may refuse to consider an objection that is not filed and served timely, or impose other appropriate sanctions.

(8)      Modified plans may be filed within eight days before a scheduled confirmation hearing only with trustee consent and prior leave of court.

 

(c)   Effect of Stay Relief on Chapter 13 Plan. Unless the court orders otherwise, modification of the automatic stay at the request of a creditor whose secured claim is being paid pursuant to a chapter 13 plan shall terminate plan payments to that creditor on account of the secured claim, without the need for a court order or modification of the plan.