Filed "bare bones" Ch 13 with plan due today. Does anyone know if I can file a motion

[BrainDead]

Filed "bare bones" Ch 13 with plan due today. Does anyone know if I can file a motion for an extension of time to submit completed schedules and plan for repayment? Must be at the courthouse in two hours. Your help is appreciated.

[SMinGA]

I don't think so. The 15 days is to allow you to get it all in, but with the advantage of the automatic stay in effect from the day you filed.

You can however amend. One option would be to get something (rough draft?) turned in today, then work with your attorney to get it done right. *If you filed pro se, it might be in your best interest to let it get dismissed & find an attorney ASAP to get the filing right.

[justbroke]

This is why I discourage Chapter 13 Pro Se filers from even contemplating filing an Emergency Petition. Unless you're in a District that has a "form-based" Model Plan, this can be hard to complete in 15 days. I did mine in 15 days, but I probably only slept 4 hours each of those 14 nights before having to file it. If you didn't commit to put that much work into it, you're probably going to have issues.

So how far are you? Did you forget to actually do it? Or, do you not like the way it looks?

Unfortunately, I'm going to go against what SMinGA wrote about handing in "something." You should never submit a plan that you know to be wrong or that contains errors. You actually have to submit them -- at least in my District -- with your signature on them indicating that you submit it under penalty of perjury. Also, I have seen cases where the Trustee and creditors have questioned major changes to the first submitted Plan.

Now that I wrote all that... CM/ECF does have a Motion type called a "Motion to Extend Time to File Plan". This has to be served on ALL creditors and the Trustee. You have to file a Proof of service as well. Your Judge may allow negative noticing on this as well, and the Rules state that you need to give the creditors 14-21 days to object, but even this may differ based on circumstances.

You also may need to submit a proposed order based on your Districts rules and procedure. You should get this served on your creditors today and get that certificate of service filed quickly or you'll probably be dealing with a Motion to Reconsider or Motion to Vacate Order Dismissing Case.

[SMinGA]

Good point justbroke - and why my 'file something' was on the premise that he was working with an attorney, assuming there would be some guidance there and perhaps the final #s just needed adjusting.

Would personally be very nervous at the idea of filing 13 pro se - though I've considered it. In the end, I just don't think its a good idea for most. Myself included!

[ColoradoBell]

My attorney filed an emergency petition (took about 3 hours of work)
Then she delayed getting the plan draft to me until the day before it was due.
So I was pretty scared as I really didn't understand what the 'plan' entailed.
The day it was due (actually the day before) I met with her and we went over figures . The plan itself was pretty simple....and again that scared me and still probably does. It wasn't terribly detailed...just said that I was buying out my X's share of the house and avoiding some judgement liens , came up with a payment amount. I think it was on a preprinted form.

While I certainly don't recommend doing this yourself, if you already know your dmi, and your case isn't complicated, couldn't you just figure out the % of payback to unsecureds, the % payment needed to pay trustee, and submit that as your plan?

[justbroke]

A plan, as far as the words contained within the borders of the paper that it is written on, is simple. How you treat various creditors... is not. The provisions that are included within the plan are as important as or more important than what secured property you're going to keep, what secured property you will surrender, what the priority creditors, and what amount you'll pay to secured and unsecured creditors.

A Plan is a contract and everyone is bound by it. Contracts can appear simple, but what's within the contract becomes binding and you need to protect yourself.