Modification of Chapter 13 Plan and Motions (Before Confirmation)

This event is programmed in CM/ECF to automatically transmit statistical information to the Administrative Office of the U.S. Courts pursuant to statutory mandates of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA).  Please be sure this is the most appropriate event for the pleading you are filing.

The Modified Plan shall be filed on Chapter 13 Plan and Motions.  If the modification does not adversely affect creditors and is timely served on the Chapter 13 trustee, the confirmation hearing will go forward on the date set for the original plan.

If the modification adversely affect creditors, the court will serve on all interested parties a copy of the plan.  If the modification is within 35 days of the confirmation hearing, the court will also send a Notice of Hearing on Confirmation of the Plan rescheduling the confirmation hearing.  Pursuant to DNJ L.B.R. 3015-1 "the debtor must, within twenty one days of the date of entry on the docket of the Notice of Hearing on Confirmation of Plan, serve each potentially affected creditor with a copy of the Chapter 13 Plan and Transmittal Letter.  The debtor shall file a Proof of Service of compliance with this section at least seven days prior to the scheduled Confirmation Hearing."


STEP 1           Choose Bankruptcy from main menu

STEP 2           Choose Plan category

STEP 3           Enter case number; click [NEXT]

STEP 4           Select Modification of Chapter 13 Plan and Motions - Before Confirmation from drop down list; click [NEXT]

STEP 5           If this is a joint filing, place a check in the box and click [NEXT].  If this is not a joint filing, click [NEXT] to skip this screen.

STEP 6           Select party or click [ADD/CREATE PARTY]; click [NEXT]

TIP - If this is the first time you are appearing on behalf of this party, you will be asked to create an association between the attorney and client on the next screen as shown below:

Please be aware that unchecking the association check box will prevent you from receiving Notices of Electronic Filing in this case.

STEP 7           Upload .pdf document and any attachments; click [NEXT]

TIP - If motions are included as part of the modified plan, support documents such as certifications and exhibits may be uploaded as attachments to the modified plan.

STEP 8          The screen displays, Select the appropriate event(s) to which your event relates.  Place a check in the box next to the appropriate event.

STEP 9          If the plan includes motions, enter the type of motion; click [NEXT].  If the plan does not include motions, enter NONE; click [NEXT]

STEP 10        Docket text appears; choose the appropriate prefix, (ie First, Second); click [NEXT]

TIP - Other than the selection of a prefix, the text of this docket entry cannot be modified from this screen.  If an error is made, abort the transaction and begin again.

SAMPLE DOCKET TEXT

[Prefix selection] Modified Chapter 13 Plan - Before Confirmation.  Motions Included: [Free Text]  (Related document: [2] Chapter 13 Plan and Motions filed by Debtor Hope Longo) Filed by Test Attorney on behalf of Test Client. (test atty)

STEP 11        Notice of Electronic filing displays.