NOTICE: Revised Model Chapter 13 Plan,Model Confirmation Order and Certification Pursuant to Local Bankruptcy Rule 3015-1
Tuesday, September 18, 2012
KIM F. LEFEBVRE
UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF NEW YORK
OFFICE OF THE CLERK
Subj: Revised Model Chapter 13 Plan, Model Confirmation Order and
Certification Pursuant to Local Bankruptcy Rule 3015-1
From: Kim F. Lefebvre, Clerk of Court
Date: September 7, 2012
In July 2010 the Judges and Clerk met with the Chapter 13 Standing Trustees (“Trustees”) and the United States Trustee to discuss a uniform chapter 13 confirmation order. While initially the focus was on the Model Confirmation Order (“Model Order”), it became clear that uniformity of practice and a Model Chapter 13 Plan (“Model Plan”) would provide predictability for practitioners straddling division lines within the Northern District of New York and mirror the growing national trend.1 To expedite dispositions and consolidate matters at the confirmation hearing, commonly sought relief including cram down of collateral value, establishing interest rates for secured claims and assuming or rejecting unexpired leases or executory contracts (“Allowed Contested Matters”) is included within the Model Plan. The Model Plan is also designed to highlight any requests for non-standard plan provisions in order to enable affected creditors, the Trustees and the court to easily recognize such requests for relief.
To make the process more predictable, efficient and uniform across the district, as long as the Model Plan is filed with the petition commencing the case, the Clerk of Court agreed to serve the Model Plan through the Bankruptcy Noticing Center (“BNC”). This arrangement will continue as long as resources allow or until the Advisory Committee on Bankruptcy Rules promulgates a chapter 13 plan summary. The requirements for mailing the Model Plan and service for Allowed Contested Matters gave rise to the creation of the Certification Pursuant to Local Bankruptcy Rule (“LBR”) 3015-1 (“Certification”). The Certification is designed in a checklist format to assist practitioners in understanding and meeting the requirements of the statute, national bankruptcy rules and local bankruptcy rules.
1 The Advisory Committee on Bankruptcy Rules had already embarked upon the task of drafting a Model Chapter 13 Plan that would be promulgated nationally. The national Chapter 13 Form Plan Working Group will report on this project to the Advisory Committee on Bankruptcy Rules at their September 2012 meeting.