Chapter 13 Plans and Motions (formerly Local Form 8)

Form: 
Category: 
Chapter 13
Local Mandatory Forms
E-Filing Instructions: 

CHAPTER 13 PLAN & MOTIONS

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 e:filing.

Effective April 1, 2003, revised Chapter 13 Plan and Motions (Formally Local Form 8) must be used when filing a Chapter 13 plan. Motions to Avoid Liens under 11 U.S.C. 522 (f) and Motions to Avoid Liens and Reclassify Claims in whole or in part must be so noted in Article 6 of Chapter 13 Plan and Motions and do not require separate documentation in accordance with motion practice.  The court, upon receipt of Chapter 13 Plan and Motions, will serve a copy of the plan on all interested parties and will issue a Notice of Hearing on Confirmation of Plan setting forth the confirmation hearing date and the last day to file objections to same.  Motions, if any, noted in Article 6 of Chapter 13 Plan and Motions, will be returnable on the date of confirmation.  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 Plan and Chapter 13 Plan 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".

For additional guidance, see Notice to Bar and Public Regarding Amended Chapter 13 Plan and Motions, New Forms (5/25/06)  and Everything You Always Wanted to Know About the NEW Chapter 13 Plan.

Note: This event should not be used when filing a modified or amended plan.  Please use the appropriate Modification of Chapter 13 Plan event.


STEP 1          Choose Bankruptcy from main menu

STEP 2          Choose Plan category

STEP 3          Enter case number; click [NEXT]

STEP 4           Select Chapter 13 Plan and Motions from drop down menu; click [NEXT]

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

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

STEP 7          If you have not been previously associated with the party, you will be asked to create an association by placing a check in the box; click [NEXT]      

STEP 8         Upload PDF file and any attachments, click [NEXT]

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

STEP 9          Terminate Deadlines screen displays.  If the plan is being filed with the petition, click [NEXT] to skip this screen.  If the plan is being filed on a date subsequent to the filing of the petition, place a check in the box next to the Chapter 13 Plan; click [NEXT]

STEP 10         If the plan includes motion(s), enter the type of motion and click [NEXT].  If the plan does not include motions, enter the word NONE and click [NEXT]

STEP 11         Confirm case information; click [NEXT]

STEP 12         Docket text appears; review for accuracy; click [NEXT]

TIP - If an error is made, abort the transaction and begin again. 

SAMPLE DOCKET TEXT

Chapter 13 Plan, Motions included: [free text] Filed by Test Attorney on behalf of Test Client. (test atty)

STEP 13        Notice of Electronic Filing displays.