(a) If a debtor in a chapter 12 or chapter 13 case wishes to amend a proposed plan or modify a confirmed plan, the debtor shall serve a copy of the notice of the amendment or modification on the trustee, the United States trustee and all detrimentally affected creditors and shall file the original notice with the clerk within ten days after service. The debtor shall also file a certificate of service with the clerk and provide a copy to the trustee within ten days after service.
(b) A notice of plan amendment or modification shall include, but is not limited to, the following disclosures:
(1) a clear statement of the amendment or modification, with specific reference to the provisions of the previously filed plan that are being amended or modified;
(2) any change in the dividend to be paid to unsecured creditors, indicating the specific numerical change in the dividend;
(3) any change in the time for final payment under the plan;
(4) any change in the plan payment;
(5) any effect on the specific treatment of secured creditors under the plan; and
(6) the exact reasons for the amendment or modification, including specific and detailed changes in the budget of the debtor, or other circumstances of the debtor that would justify the amendment or modification.
(c) For a preconfirmation amended plan, notice of the amended plan shall not be later than 20 days prior to the date fixed for the hearing on confirmation of the plan, or any adjournment thereof. The notice shall advise detrimentally affected parties of any adjourned confirmation hearing date and time.
(d)
In addition to the requirement of subsection (a), an original amended or
modified plan shall be filed with the clerk. A copy shall be served on
the trustee and United States trustee.
Comment
This rule is
intended to supplement 11 U.S.C. 1223, 1323, 1229 and 1329 and FRBP 2002(a)(5)
and 3015. The procedure for postconfirmation modifications can be found
in Local Bankruptcy Rule 9013-4(b)(21).