Free Motion to Modify Confirmed Chapter 13 Plan - Hawaii

Attorney/Party Name, Address, Phone, Fax, E-mail:

For court use only

UNITED STATES BANKRUPTCY COURT DISTRICT OF HAWAII Debtor: Joint Debtor:

Case No. Chapter 13 Social Security No. (last 4 digits): Social Security No. (last 4 digits):

DEBTOR'S MOTION TO MODIFY CONFIRMED PLAN; NOTICE OF DEADLINE TO OBJECT AND REQUEST A HEARING To: Howard M.S. Hu, Trustee 1132 Bishop Street, Suite 301 Honolulu, HI 96813 ALL CREDITORS Docket No.:

Date of Order Confirming Existing Plan: A. NOTICE OF DEADLINE TO FILE OBJECTION

The court confirmed the Chapter 13 Plan in this case on the date noted above. Pursuant to 11 U.S.C. § 1329(a), this motion requests modification of the plan as described in part B. Your rights may be affected. You should read the motion and the accompanying papers carefully and discuss them with your attorney, if you have one in this bankruptcy case. (If you do not have an attorney, you may wish to consult one.) If you do not want the court to grant this motion, or if you want the court to consider your views on the motion, then within 20 days after the filing of this motion, you or your attorney must file an objection explaining your position with the court and mail a copy to the Debtor at the respective addresses below:
Objection due by: (not less than 20 days after filing) Debtor / Attorney address:

United States Bankruptcy Court District of Hawaii 1132 Bishop Street, Suite 250L Honolulu, Hawaii 96813

If you mail your response to the court for filing, you must mail it early enough so the court will receive it on or before the date specified above. If a timely objection is filed, the court will schedule a hearing and you will be notified of the date and time. If you or your attorney do not file a timely response and request a hearing, the court may decide that you do not object to modification of the plan and may enter an order granting the motion.

hib_1329a

12/03

B.

MOTION [Describe the specific plan provisions to be modified. It is not necessary to attach the entire plan. Attach additional pages as necessary for further explanation of modification(s).]

The Debtor moves under 11 U.S.C. § 1329(a) to modify the plan previously confirmed by the court. All terms and provisions of the confirmed plan, including those of any related motions to value collateral and to avoid liens, remain in effect EXCEPT FOR THE SPECIFIC CHANGES PROPOSED BELOW. 1. PLAN PAYMENTS AND DURATION:
Monthly Payment Amount Current Plan: Proposed Modification: Duration (months) Total for Distribution

$ $

$ $

Further details (e.g., plan being extended 6 months due to missed payments):

2.

DISTRIBUTION OF PLAN PAYMENTS:
Treatment of Class or Specific Claim

Current Plan:

Proposed Modification:

3.

OTHER:

hib_1329a

12/03

C.

MEMORANDUM [State relevant facts and legal arguments in support of the modification(s) being proposed; attach additional pages as necessary.]

Dated:____________________

_________________________ Debtor / Attorney

_________________________ Joint Debtor / Attorney

hib_1329a

12/03