Free Instructions for Notice of Proposed Modification to Confirmed Plan - Pennsylvania

THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

INSTRUCTIONS FOR A PROPOSED MODIFICATION TO A FINALLY CONFIRMED CHAPTER 12/13 PLAN

Debtor(s) must file with the Court a NOTICE OF PROPOSED MODIFICATION TO CONFIRMED PLAN and the AMENDED CHAPTER [12/13] PLAN, together as a single pdf document, with the Notice being the first page.

The CM/ECF Procedure is as follows (Chapter 13 is used for this example): 1. 2. 3. 4. The Filer will select "Amended Chapter 13 Plan" from the menu. The Filer will be prompted to enter the Amended Plan date. The Filer will be prompted to enter a hearing date, if one has been set. The Filer will be asked, "Is the Plan Finally Confirmed?" a. If the Filer selects "No," then the Filer will be prompted to upload a pdf of the AMENDED CHAPTER 13 PLAN. Thereafter, the event is complete and Steps 5 through 8, below, do not apply. However the Court may issue a version of an ORDER SCHEDULING DATES FOR HEARING ON AND OBJECTION TO AMENDED PLAN DATED ___ without reference to a NOTICE OF PROPOSED MODIFICATION TO CONFIRMED PLAN (the Notice applies only to finally confirmed amended plans). If the Filer selects "Yes," then the Filer will be prompted to upload a NOTICE OF PROPOSED MODIFICATION TO CONFIRMED PLAN and the AMENDED CHAPTER 13 PLAN (together as a single pdf with the Notice being the first page).

b.

5.

If the Filer fails to include the NOTICE OF PROPOSED MODIFICATION TO CONFIRMED PLAN as the first page of the pdf, then the Court will issue a Corrective Entry informing the Filer that, "Failure to file a NOTICE OF PROPOSED MODIFICATION TO CONFIRMED PLAN and the AMENDED PLAN (together as a single pdf with the Notice as the first page) within 10 days will result in the entry of an ORDER DENYING CONFIRMATION OF THE AMENDED PLAN WITHOUT PREJUDICE. Required corrective action due by _[date]_."

nopmtcpdInstr.pdf

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6.

After the NOTICE OF PROPOSED MODIFICATION TO CONFIRMED PLAN and the AMENDED CHAPTER 13 PLAN are filed, the Court will issue an ORDER SCHEDULING DATES FOR HEARING ON AND OBJECTION TO AMENDED PLAN DATED ___. The ORDER SCHEDULING DATES FOR HEARING ON AND OBJECTION TO AMENDED PLAN DATED ___ will order the Debtor to immediately serve a copy of the ORDER SCHEDULING DATES FOR HEARING ON AND OBJECTION TO AMENDED PLAN DATED ___, the NOTICE OF PROPOSED MODIFICATION TO CONFIRMED PLAN, and the AMENDED CHAPTER 13 PLAN on the Chapter 13 Trustee and all parties on the mailing matrix using an accompanying CERTIFICATE OF SERVICE. * Note: To avoid duplicate service, Debtor(s) should not serve copies of the Amended Plan until after receiving the ORDER SCHEDULING DATES FOR HEARING ON AND OBJECTION TO AMENDED PLAN DATED ___.

7.

8.

An accompanying CERTIFICATE OF SERVICE will require the Debtor(s) to certify that the Chapter 13 Trustee and all parties on the mailing matrix were served a copy of the ORDER SCHEDULING DATES FOR HEARING ON AND OBJECTION TO AMENDED PLAN DATED ___, the NOTICE OF PROPOSED MODIFICATION TO CONFIRMED PLAN, and the AMENDED CHAPTER 13 PLAN.

nopmtcpdInstr.pdf

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