Timeline for objections on a modification of a ch 13?

[suzychapstic]

Hello,
I believe that I remember there was a 30 day time period for creditors to make objections when we first filed....correct me if I am wrong on the timeline. I am wondering what the timeline is from the day a modification of a ch 13 plan is filed and when it is accepted for creditors to object.

Thank you in advance

[despritfreya]

Assuming you are talking about a post confirmation modification (not a pre confirmation amended plan). . .

Below are the Rules that apply. Notice period is 21 days from service per Bankruptcy Rule 3015(g).

Des.

____________________

LOCAL BANKRUPTCY RULE 3015-1

(j) Modification of Chapter 13 Plan After Confirmation:

(1) Proposed Modified Plan: In the event the debtor, the trustee, or the holder of
an allowed unsecured claim desires to modify a confirmed chapter 13 plan, the
movant must file the proposed modified plan together with a motion requesting
modification which must state with particularity the date the plan was originally
confirmed, the reason for the modification and the effect upon distribution to each
creditor class should the modification be approved. If the modification is
proposed after the expiration of the period for the filing of claims, service may be
limited to the trustee, any party whose interest is affected by the modification and
upon those creditors who have filed proofs of claim.

(2) Notice: Notice of the proposed modified plan is governed by FED. R. BANKR.
P. 3015(g) and L.B.R. 2002-1 and 9013-1.

Federal Rules of Bankruptcy Procedure, Rule 3015. Filing, Objection to Confirmation, and Modification of a Plan

g) Modification of Plan After Confirmation. A request to modify a plan pursuant to §1229 or §1329 of the Code shall identify the proponent and shall be filed together with the proposed modification. The clerk, or some other person as the court may direct, shall give the debtor, the trustee, and all creditors not less than 21 days’ notice by mail of the time fixed for filing objections and, if an objection is filed, the hearing to consider the proposed modification, unless the court orders otherwise with respect to creditors who are not affected by the proposed modification. A copy of the notice shall be transmitted to the United States trustee. A copy of the proposed modification, or a summary thereof, shall be included with the notice. If required by the court, the proponent shall furnish a sufficient number of copies of the proposed modification, or a summary thereof, to enable the clerk to include a copy with each notice. Any objection to the proposed modification shall be filed and served on the debtor, the trustee, and any other entity designated by the court, and shall be transmitted to the United States trustee. An objection to a proposed modification is governed by Rule 9014.

[suzychapstic]

Des,
Thank you. Yes, I do mean post confirmation. I am due to be discharged from a 5 year Ch 13 March of 2015. I followed up with my attorney as far as the progress of my modification and heard back from him today that the deadline for objections is February 11. Assuming the 21 days, would this mean he has not even filed it yet?
Thanks for your help.

[despritfreya]

The rule states "not less than 21 days notice" . This would necessarily mean that more time can be given (though I am not sure why one would do that) therefore it is possible that the Modification request has already been filed. Ask your attny for a "conformed copy" of what was filed.

Des.

[suzychapstic]

Des,
Thank you very much. I will email the attorney. This should show what date it was filed, I assume. How common is it for there to be objections on surrendering an investment property? That is the only change in our proposed modified plan.

[suzychapstic]

Des,
This was great advice. The attorney responded with the documents, and it was just filed yesterday. I was under the impression that it was filed quite some time ago and should have been completed by now. Too bad that my attorney did not file it upon completion. I hope nothing is out of date at this point and needs to be redone.
I am hoping for a successful approval of my modification and an uneventful last 14 months.
Thanks!

[despritfreya]

Glad I could assist. As to an objection. . . while such is always possible, so long as your current budget shows your continued ability to fund the Plan, I doubt you will have any problems.

Des.