Motion to Modify Plan (after confirmation)

Last Updated: April 2, 2013

Filing Requirements:

By General Order dated November 27, 2017, the United States Bankruptcy Court for the District of North Dakota will require the use of a local Chapter 13 plan form adopted in accordance with Fed. R. Bank. P. 3015(c) and 3015.1 for any Chapter 13 plan or amended Chapter 13 plan filed on or after December 1, 2017.

Note:  To accurately report statistics to Congress, it is crucial that the correct events are selected.

Note:  Pursuant to Local Rule 3015-2:  Chapter 12 or 13 plan modifications shall be made by filing the entire plan as modified.  Plan modifications shall be titled "First Modified Plan," "Second Modified Plan," etc., as appropriate. A motion to modify a plan shall include a summary of the modifications to the plan.

  • Then file: Motion to Modify Plan (After Confirmation).

  • Notice of Motion with 21 day objection period. Notice is sent to all creditors. Rule 2002(a)(5).

  • Proof of Service.

See also Notice and Service Requirements

Step-by-Step Procedures:

  1. Log into CM/ECF.

  2. File Modified Plan before Motion to Modify Plan.

  3. Then file Motion to Modify Plan as follows:

  4. Enter the case number (e.g, xx-xxxxx).

  5. Select  [Motion/Applications] from the event list.

  6. Select [Modify Plan (After Confirmation)].

  7. Skip the Joint Filing screen.

  8. Select the party filer.

  9. Enter a "y or n" if the notice and proof of service are included with the motion.

    Note:  The Motion, Notice of Motion, and Proof of Service may be a single PDF; or the Notice, supporting documents, and Proof of Service may be added as attachments to this document. The Motion must be the first document in your PDF.

  10. Enter date served.

  11. Browse to select the documents (.pdf file).

  12. Refer to the Modified Plan.

  13. Modify the text as appropriate, if applicable.

  14. Verify the final docket text; if correct, click [Next] to submit your document(s).

    Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

  15. Submit proposed order. Instructions.

       

       

       

       

       

      11 U.S.C.: 1127, 1229, 1329

       

      FRBP: 2002(a)(5) and 3015

       

      Local Rule 3015-2 and 2016-1