Requirements for a Local Form for a Chapter 13 Plan

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

Rule 3015.1.1

 Second period editorially added.

As an exception to Rule 9029(a)(1), a district may require that a single local form be used for a Chapter 13 plan instead of Form 113 if it:

(a)

is adopted for the district after public notice and an opportunity for comment;

(b)

numbers and labels each paragraph in boldface type with a heading that states its general subject matter;

(c)

includes an opening paragraph for the debtor to indicate that the plan does or does not:

(1)

contain a nonstandard provision;

(2)

limit the amount of a secured claim based on a valuation of the collateral; or

(3)

avoid a security interest or lien;

(d)

contains separate paragraphs relating to:

(1)

curing any default and maintaining payments on a claim secured by the debtor’s principal residence;

(2)

paying a domestic support obligation;

(3)

paying a claim described in the final paragraph of § 1325(a); and

(4)

surrendering property that secures a claim and requesting that the stay under § 362(a) or 1301(a) related to the property be terminated; and

(e)

contains a final paragraph providing a place for:

(1)

nonstandard provisions as defined in Rule 3015(c), with a warning that any nonstandard provision placed elsewhere is void; and

(2)

a certification by the debtor’s attorney, or by an unrepresented debtor, that the plan does not contain any nonstandard provision except as set out in the final paragraph.

(Added Apr. 27, 2017, eff. Dec. 1, 2017; amended Apr. 2, 2024, eff. Dec. 1, 2024.)