Thirty Day Notice and Public Comment Period Concerning Chapter 13 Plan Form

Thursday, October 5, 2017

 

IMPORTANT NOTICE TO THE BAR AND PUBLIC: THIRTY DAY NOTICE AND PUBLIC COMMENT PERIOD CONCERNING CHAPTER 13 PLAN FORM

October 5, 2017

A proposed amendment to Federal Rule of Bankruptcy Procedure 3015 requires the use of a national chapter 13 plan form unless a district adopts a local plan form that meets the requirements of new proposed Federal Rule of Bankruptcy Procedure 3015.1.  The United States Bankruptcy Court for the District of North Dakota elected to opt out of the national chapter 13 plan form. After considering input from the U.S. Trustee, Chapter 13 Trustees and members of the bar, the United States Bankruptcy Court for the District of North Dakota approved a draft mandatory Chapter 13 Plan form (the "Chapter 13 Plan"). A link to this plan is provided below. 

The anticipated effective date of amended rule 3015 and new rule 3015.1 is December 1, 2017, which will also serve as the effective date of the Chapter 13 Plan form in this district. Beginning December 1, 2017, use of the new Chapter 13 Plan will be mandatory.

Comments regarding the Chapter 13 Plan may be submitted on or before November 6, 2017 by email to kay_melquist@ndb.uscourts.govor by mail to Clerk of Court, U.S. Bankruptcy Court, District of North Dakota, 655 1st Ave. N., Suite 210, Fargo, ND 58102.  Each comment must identify the specific text or provision you suggest should be revised or deleted. Please provide the basis for your suggestion and cites to case law, as necessary.

The proposed chapter 13 plan form is subject to further modification prior to final approval as a result of timely public comments and further committee review.

 CLICK HERE TO VIEW THE PROPOSED CHAPTER 13 PLAN FORM Proposed Chapter 13 Plan Form

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