A. Form. A Chapter 13 plan must conform to the form plan in Appendix J.
B. Employment of Debtor’s Attorney. A debtor’s attorney does not have to file an application for appointment in a Chapter 13 case.
C. Employer Deduction. Each Chapter 13 plan must contain an employer wage deduction and payment to the trustee unless the court approves a motion establishing why an employer deduction should not be included.
D. Pre-confirmation Adequate Protection and Lease Payments.
1. Pre-confirmation adequate protection and lease payments under 11 U.S.C. § 1326(a)(1) must be paid inside the Chapter 13 plan and through the trustee. For each such payment, the plan must state the creditor’s name and address, the last four digits of the account number, payment due date, and payment amount. The debtor must immediately pay the trustee the amount necessary to pay all pre-confirmation payments plus statutory trustee’s fees. The debtor cannot reduce plan payments to the trustee under 11 U.S.C. § 1326(a)(1)(B) and (C) without a court order. To change the amount of a pre-confirmation payment under 11 U.S.C. § 1326(a)(3), the debtor must file a motion. Until the motion is resolved, the trustee will pay the amount proposed in the plan.
2. The trustee is authorized to pay pre-confirmation payments in the proposed plan without a court order. No payments will be made to a creditor until a proof of claim is filed. The trustee will pay pre-confirmation payments within 30 days after proof of claim is filed unless the debtor did not pay the trustee funds sufficient to allow the trustee to pay the claim within seven business days before the 30-day period ends. The trustee must deduct from an allowed claim, as of the date of payment, each pre-confirmation payment the trustee makes.
3. If a creditor obtains an order for payment under 11 U.S.C. § 1326(a)(3) and the case is dismissed before a plan is confirmed, the trustee will pay the creditor any payments due and owing on the dismissal of the case from funds collected by the trustee under 11 U.S.C. § 1326(a)(1)(A) less statutory trustee fees and allowed § 503(b) claims, including the debtor’s attorney fees.
E. Notice of Plan. If the debtor files a Chapter 13 plan with the petition, the plan must contain a resistance deadline under Local Rule 9013-1 of 14 days after the meeting of creditors is concluded. Because the debtor will not know when the meeting of creditors will be held, the notice may state: “Any resistance to the plan must be filed no later than 14 days after the meeting of creditors is concluded.” If the debtor does not file the plan with the petition, the plan must contain a resistance deadline stating a specific calendar date. No resistance deadline may be earlier than 14 days after the meeting of creditors is concluded.
F. Extension of Time to File Plan. If the debtor is granted an extension of time to file a Chapter 13 plan but does not file and notice the plan at least 14 days before the date set for the meeting of creditors, the trustee will reschedule the meeting of creditors. The debtor must serve notice of the rescheduled meeting on all parties in interest and file a certificate of service. If the plan is not filed at least 14 days before the second scheduled date, the trustee, if authorized by the United States Trustee, may file a notification stating the debtor did not comply and the case may be dismissed without further notice or hearing.
G. Limited Motion to Modify Plan
1. After a Chapter 13 plan is confirmed, the debtor may cure payment delinquencies, abate future payments, or increase payments or the base amount of the plan by filing the limited motion to modify in Appendix K instead of the full amended plan in Appendix J. The debtor may not use the limited motion to reduce: (a) plan payments permanently, (b) the base amount of the plan or, (c) the term of the plan (applicable commitment period). To change the treatment of a creditor, the debtor must file a full amended plan.
2. If an objection to the limited motion is filed, the debtor must file a response within 14 days after the objection deadline. The response must state the law and facts that support the objection and conclude with an unambiguous request for relief. If the debtor does not timely file a response, the court may deny the motion. If the debtor files a response, the objection will proceed under Local Rules 3015-(3)(B)(2) and 3015-(3)(B)(3).
3. When the limited motion is filed, the debtor must calculate the remaining months available for plan payments within the maximum plan term of 60 months from the date of confirmation. This calculation is:
Month of confirmation plus 60 months = plan completion month.
Plan completion month minus month in which regular plan payments will resume = remaining available months.
The total dollar amount to complete the plan is divided by the remaining available months to determine whether the monthly payment must be increased. The base amount of the plan is the total of all payments required to be made under the plan. When the payment is increased, the debtor may have to increase the base amount of the plan. On request, the trustee’s office will supply the exact amount the debtor previously paid so the debtor can calculate the new base amount.
H. Discharge. Within 14 days after the trustee files a certificate of final payment, the debtor in a Chapter 13 case must file the certification regarding domestic support obligations and § 522(q) using the official bankruptcy form B2830, or the case may be closed without a discharge. If the case is closed without discharge, to obtain the discharge, the debtor must file a motion to reopen, pay the associated filling fee, file the certification, and file a motion for discharge.