Free Attorney or Party Name Address, Telephone & FAX numbers, and California State Bar Number - California


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State: California
Category: Bankruptcy
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Attorney or Party Name, Address, Telephone & FAX Numbers, and California State Bar Number

FOR COURT USE ONLY

G G

Attorney for Pro Se Debtor

UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA
In re:

CHAPTER 13 CASE NUMBER

MOTION UNDER LOCAL BANKRUPTCY RULE 3015-1(n) and (w) TO MODIFY PLAN OR SUSPEND PLAN PAYMENTS
(No Hearing Required)

Debtor(s).

1. The debtor(s) hereby move(s) this Court to modify the confirmed chapter 13 plan or suspend plan payments, as set forth in detail below. 2. The purpose of this motion is to (check all that apply): G Cure the delinquency.

G Address the expiration of the plan. G Cure the infeasibility of the plan. G Modify the amount of the plan payment, the length of the plan and/or the percentage to be paid to unsecured creditors
because of a change in financial circumstances. 3. Terms of original confirmed chapter 13 plan: The Order Confirming Plan was entered on _________________________. Plan payment amount(s):$________________ per month. Length of plan: ____________ months. Percentage paid to Class 5 general unsecured creditors: _________%. 4. There have been ______ previous modification or suspension orders. Plan payments have been suspended for ______ months and/or the plan has been extended for ______ months. 5. Current plan terms (complete this section if the confirmed chapter 13 plan has been subject to a previous modification or suspension order): Plan payment amount(s):$________________ per month. Length of plan: ____________ months. Percentage paid to Class 5 general unsecured creditors: _________%.

This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California. January 2009

F 3015-1.6

Motion to Modify Plan or Suspend Plan Payments ­ Page 2
In re: Debtor(s). CHAPTER 13 CASE NUMBER

F 3015-1.6

6. Proposed modification: G Suspend (indicate number of plan payments) ________ plan payments. G G G G Extend the term by (indicate number of months) ________ month(s). Reduce the term by (indicate number of months) ________ month(s). Increase the plan payment from $________ to $________ from (date) ___________ to (date) ______________. Reduce the plan payment from $________ to $ ________ from (date) ___________ to (date) ______________.

7. Since the Order Confirming Plan or the last modification or suspension order was entered, the debtor's(s') circumstances have changed in the following respect:

File and serve amended schedules I and J (if appropriate) and supporting documentation concerning the basis for this motion including, but not limited to, proof of income. 8. If this motion is granted, the last plan payment due would be payable ______ months after the first plan payment was due. 9. If this motion is granted: G There will be no change in the percentage paid to Class 5 general unsecured creditors, OR G The percentage paid to Class 5 general unsecured creditors will change from ______% to ______%.

Dated:__________________________

________________________________________
Attorney for Debtor(s)

I declare under penalty of perjury that the foregoing is true and correct.

Dated:__________________________ Dated:__________________________

________________________________________
Debtor

________________________________________
Joint Debtor

This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California. January 2009

F 3015-1.6

Motion to Modify Plan or Suspend Plan Payments ­ Page 3
In re: Debtor(s). CHAPTER 13 CASE NUMBER

F 3015-1.6

NOTE: When using this form to indicate service of a proposed order, DO NOT list any person or entity in Category I. Proposed orders do not generate an NEF because only orders that have been entered are placed on a CM/ECF docket.

PROOF OF SERVICE OF DOCUMENT
I am over the age of 18 and not a party to this bankruptcy case or adversary proceeding. My business address is:

A true and correct copy of the foregoing document described as will be served or was served (a) on the judge in chambers in the form and manner required by LBR 5005-2(d), and (b) in the manner indicated below:

I. TO BE SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING ("NEF") - Pursuant to controlling General Order(s) and Local Bankruptcy Rule(s) ("LBR"), the foregoing document will be served by the court via NEF and hyperlink to the document. On ________________________ I checked the CM/ECF docket for this bankruptcy case or adversary proceeding and determined that the following person(s) are on the Electronic Mail Notice List to receive NEF transmission at the email addressed indicated below:

9 Service information continued on attached page
II. SERVED BY U.S. MAIL OR OVERNIGHT MAIL (indicate method for each person or entity served): On _________________________ I served the following person(s) and/or entity(ies) at the last known address(es) in this bankruptcy case or adversary proceeding by placing a true and correct copy thereof in a sealed envelope in the United States Mail, first class, postage prepaid, and/or with an overnight mail service addressed as follow. Listing the judge here constitutes a declaration that mailing to the judge will be completed no later than 24 hours after the document is filed.

9

Service information continued on attached page

III. SERVED BY PERSONAL DELIVERY, FACSIMILE TRANSMISSION OR EMAIL (indicate method for each person or entity served): Pursuant to F.R.Civ.P. 5 and/or controlling LBR, on _______________________ I served the following person(s) and/or entity(ies) by personal delivery, or (for those who consented in writing to such service method) by facsimile transmission and/or email as follows. Listing the judge here constitutes a declaration that mailing to the judge will be completed no later than 24 hours after the document is filed.

9

Service information continued on attached page

I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.

_________________________________________________________ Date Type Name

_____________________________________ Signature

This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California. January 2009

F 3015-1.6

Motion to Modify Plan or Suspend Plan Payments ­ Page 4
In re: Debtor(s). CHAPTER 13 CASE NUMBER

F 3015-1.6

ADDITIONAL SERVICE INFORMATION (if needed):

This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California. January 2009

F 3015-1.6