Chapter 12 or 13—Time to File a Plan; Nonstandard Provisions; Objection to Confirmation; Effect of Confirmation; Modifying a Plan

U.S Code last checked for updates: Jan 30, 2025

Rule 3015.

(a)

Time to File a Chapter 12 Plan.

The debtor must file a Chapter 12 plan:

(1)

with the petition; or

(2)

within the time prescribed by § 1221.

(b)

Time to File a Chapter 13 Plan.

(1)

In General. The debtor must file a Chapter 13 plan with the petition or within 14 days after the petition is filed. The time to file must not be extended except for cause and on notice as the court orders.

(2)

Case Converted to Chapter 13. If a case is converted to Chapter 13, the plan must be filed within 14 days after conversion. The time must not be extended except for cause and on notice as the court orders.

(c)

Form of a Chapter 13 Plan.

(1)

In General. In filing a Chapter 13 plan, the debtor must use Form 113, unless the court has adopted a local form under Rule 3015.1.

(2)

Nonstandard Provision. With either form, a nonstandard provision is effective only if it is included in the section of the form that is designated for nonstandard provisions and is identified in accordance with any other requirements of the form. A nonstandard provision is one that is not included in the form or deviates from it.

(d)

Serving a Copy of the Plan.

If the plan was not included with the notice of a confirmation hearing mailed under Rule 2002, the debtor must serve the plan on the trustee and creditors when it is filed.

(e)

Copy to the United States Trustee.

The clerk must promptly send to the United States trustee a copy of any plan filed under (a) or (b) or any modification of it.

(f)

Objection to Confirmation; Determining Good Faith When No Objection is Filed.

(1)

Serving an Objection. An entity that objects to a plan’s confirmation must file and serve the objection on the debtor, trustee, and any other entity the court designates, and must send a copy to the United States trustee. Unless the court orders otherwise, the objection must be filed, served, and sent at least 7 days before the date set for the confirmation hearing. The objection is governed by Rule 9014.

(2)

When No Objection Is Filed. If no objection is timely filed, the court may, without receiving evidence, determine that the plan has been proposed in good faith and not by any means forbidden by law.

(g)

Effect of Confirmation of a Chapter 12 or 13 Plan on the Amount of a Secured Claim; Terminating the Stay.

(1)

Secured Claim. When a plan is confirmed, the amount of a secured claim—determined in the plan under Rule 3012—becomes binding on the claim holder. That is the effect even if the holder files a contrary proof of claim, the debtor schedules that claim, or an objection to the claim is filed.

(2)

Terminating the Stay. When a plan is confirmed, a request in the plan to terminate the stay imposed under § 362(a), § 1201(a), or § 1301(a) is granted.

(h)

Modifying a Plan After It Is Confirmed.

(1)

Request to Modify a Plan After It Is Confirmed. A request to modify a confirmed plan under § 1229 or § 1329 must identify the proponent and include the proposed modification. Unless the court orders otherwise for creditors not affected by the modification, the clerk or the court’s designee must:

(A)

give the debtor, trustee, and creditors at least 21 days’ notice, by mail, of the time to file objections and the date of any hearing;

(B)

send a copy of the notice to the United States trustee; and

(C)

include a copy or summary of the modification.

(2)

Objecting to a Modification. Rule 9014 governs an objection to a proposed modification. An objection must be filed and served on:

• the debtor;

• the trustee; and

• any other entity the court designates.

A copy must also be sent to the United States trustee.

(As amended Apr. 30, 1991, eff. Aug. 1, 1991; Apr. 22, 1993, eff. Aug. 1, 1993; Mar. 26, 2009, eff. Dec. 1, 2009; Apr. 27, 2017, eff. Dec. 1, 2017; Apr. 2, 2024, eff. Dec. 1, 2024.)