Modification of Chapter 13 Plan After Confirmation

Rev. 01/25/2024

Fed. R. Bankr. P. 3015(g)
11 U.S.C. § 1329
2019-01 Amended Standing Order Procedure for Modification of Chapter 13 Plan

Modifying a chapter 13 plan after confirmation requires court approval.

The movant must file a motion and notice with a proposed order and certificate of service indicating that the trustee, US Trustee, and affected creditors were served a copy of the motion.

Note: The debtor should not file a modified plan.

Related topic: Chapter 13 Amendment to Schedules

Requirements:

KMS Cases

JAW Cases

Motion with a 30 day notice* period and Certificate of Service.

Motion with a 30 day notice* period and Certificate of Service.

Proposed Order

Proposed Order

*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.

Note: The court may not reduce the time for taking actions under Fed. R. Bankr. P. 3015. See Fed. R. Bankr. P. 9006(c)(2)

Step 1: File Motion and Notice with Certificate of Service

When Motion includes 30 day objection period:

Motion Docket Event:

[Bankruptcy > Applications/Motions > Modify Plan with 30 day notice]

When Motion and Notice are Filed Separately:

Motion Docket Event:

[Bankruptcy > Applications/Motions > Modify Plan]

Notice Docket Event:

[Bankruptcy > Notices > 30 Day Notice]

Step 2: Upload a Proposed Order Granting the Motion

Docket Event:

[Bankruptcy > Orders Upload > Single Order Upload]


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U.S. Bankruptcy Court    Southern District of Mississippi