Notice of Opportunity to Submit Recommendations Regarding Chapter 13 Plan Form

Monday, April 3, 2017

As many of you are aware, there will be an amendment to Federal Rule of Bankruptcy Procedure 3015 requiring the use of an official chapter 13 plan form, unless a district instead adopts a local plan that meets the requirements of proposed Rule 3015.1. The amendments, advisory committee report and other information regarding these changes are set forth in the document entitled, Preliminary Draft of Proposed Amendments to Rules 3015 and Proposed New Rule 3015.1 of the Federal Rules of Bankruptcy Procedure, found at:

http://www.uscourts.gov/rules-policies/proposed-amendments-published-public-comment(link is external)

The amendments become effective on December 1, 2017. To adequately give the bankruptcy court and the bar time to evaluate whether this district should default to the national form or adopt its own district plan, the court is seeking recommendations from the bar. Recommendations may be sent by email to local_rules_comments@ndb.uscourts.gov or by using this recommendation form.  Reasons for the recommendation should be included and if the recommendation is that the district should adopt a local form plan, the recommendation may set forth proposed plan language that the writer believes should be included in a district plan, plan terms that should not be included in a form plan, and the basis for the proposed plan provisions or exclusions.

The national form plan, as currently written, can be found at:

http://www.uscourts.gov/sites/default/files/b_113_and_cn_0.pdf(link is external)

Recommendations regarding the chapter 13 plan form should be received no later than April 20, 2017.

Dianne G. Schmitz
Clerk, U.S. Bankruptcy Court
District of North Dakota