Modified 12/1/03
RULE 3015-2 CHAPTER 13 - AMENDMENTS TO PLANS
(a) Amendments to Plan Prior to Confirmation that do not Adversely Affect Creditors.
(1) Without Leave of Court. Amendments to a plan which do not adversely affect
creditors may be made at or prior to the Section 341(a) meeting without leave of Court by a separate pleading entitled "Modification of Plan," which shall be filed with the Court and served on the Chapter 13 trustee and any party or attorney who has filed an appearance and requested service of pleadings in the case. Those parts of the amended plan that are changed from the previous plan shall be clearly identified.
(2) The modification shall be accompanied by a certificate of service. If no
objections to the modification are filed within ten (10) days after service or at the
hearing on confirmation, which ever occurs sooner, the Court shall consider
confirmation of the plan as amended.
(b) Amendments to Plan that Adversely Affect Creditors Filed within Ten (10) days of the Confirmation Hearing. (1) The Amended Plan. Where an amendment to a plan adversely affects creditors, the Debtor shall file with the Court an amended plan and those parts of the amended plan that are changed from the previous plan shall be clearly identified.
(2) Service. The Debtor shall serve a copy of the amended plan on the Chapter 13
trustee, all creditors, and all parties and attorneys who filed appearances and request for service of all pleadings in the case. The amended plan shall be accompanied by a certificate of service.
(3) Time to Object and Effect on Confirmation Date. If the confirmation hearing is scheduled to occur within ten (10) days of the filing of the amended plan, said hearing shall be continued to the next available hearing date assigned by the Clerk's office. It shall be the responsibility of the Debtor's attorney, or debtor, if pro se, to serve notice of the rescheduled confirmation hearing date on all creditors and on all parties and attorneys who have filed appearances or requests for service of pleadings in the case. The hearing notice shall be accompanied by a certificate of service filed with the Clerk's office.
(c) Amendments to Plan After Confirmation.
(1) Motion to Amend Plan Required. A debtor who seeks to amend a Chapter 13
plan after confirmation shall do so by filing a motion to amend the plan with a copy of the proposed amended plan attached. The motion to amend shall include a summary and statement of the reason for the amendment and those parts of the amended plan that are changed from the previous plan shall be clearly identified.
(2) Updated Schedules I and J Required. In conjunction with the motion to amend, the Debtor shall file updated Schedules I and J if plan payments are changing under the terms of the amended plan. The Chapter 13 trustee, in his or her discretion, may schedule a new Section 341 meeting with respect to the amended plan.
(3) Service. The Debtor shall serve a copy of the motion, amended plan and updated Schedules I and J (if applicable)on the Chapter 13 trustee, all creditors, and parties and attorneys who have filed appearances and requests for service of pleadings in the case. In the event that the Debtor proposes more than one amended plan, each amended plan shall be titled "First Amended Plan," "Second Amended Plan," and so on, as may be appropriate.
(4) Hearing on Amended Plan. Approval of an amended plan after confirmation of a prior plan may be granted without a hearing if no objections are timely filed. Objections to an Amended Plan shall be filed no later than ten (10) days from the date of service of the motion to amend. The Chapter 13 trustee shall provide the court with a written statement of his position on all motions to amend the plan after confirmation, within the ten (10) day objection period. In the event that no objections to the motion are timely filed, the Court may, in its discretion, grant the motion to amend, without an actual hearing. If a party in interest files a timely objection to the motion, the Court shall set the motion and objection for hearing.
(d) Form of Order. R.I. Bankr. Form X shall serve as the form of order for all Chapter 13 confirmations, with such modifications thereof as appropriate. The Chapter 13 trustee is responsible for preparation of the proposed order confirming an amended plan. Service and submission of the proposed order shall be in accordance with R.I. LBR 9072(b)-1.
(e) Modification of Secured Claim -- Separate Motion Required. A debtor who, as part of a Chapter 13 plan, proposes to modify a secured claim pursuant to 11 U.S.C. §§506 shall file a separate motion to that effect. The motion shall be served on the claimant with a copy of the proposed Plan, shall contain the language required by R.I. LBR 1005-1(e) and shall contain, inter alia:
(A) the name and address of the claimant;
(B) an identification of the security held by the claimant; and
(C) a description of the manner in which the secured claim is proposed to be
treated under the plan.
©1998 US Bankruptcy
Court
District of Rhode Island