Motion to Modify Confirmed Plan

Updated 1/4/2020

In General

After confirmation of the plan but before completion of payments, the plan may be modified for the reasons set forth in 11 U.S.C. § 1329.  The debtor may request modification by filing a motion and notice of hearing substantially conforming to the appropriate local form motions. A copy of the entire plan as modified need not be filed so long as the motion describes with specificity the proposed modifications to the plan then in effect.

New section 1329(d) of the "CARES Act" provides that a plan confirmed prior to March 27, 2020, may be modified to allow payments over a period expiring 7 years after the time the first payment under the confirmed plan was due. Local Form H1329d - Motion to Modify Confirmed Plan Under 11 U.S.C. § 1329(d) - is intended to expedite consideration of motions filed under this new provision. 

Hearing

Hearing required. Refer to the CHAP Chamber Presets Report for available hearing dates and times.

Forms

Motion to Modify Confirmed Plan (H1329-A)
Motion to Modify Confirmed Plan Under 11 U.S.C. § 1329(d) [CARES Act] (H1329d)

References
11 U.S.C. § 1329; FRBP 3015; LBR 3015-2

Step-by-Step Instructions

  • Select Bankruptcy > Chapter 13 Events.
  • Enter Case Number.
  • Select Modify Confirmed Plan (Motion).
  • Skip the Joint Filing screen if you are the only attorney filing this motion.
  • Select Party filer. Press and hold [Ctrl] key to select debtor and joint debtor.
  • The Attorney/Party Association screen displays if the association does not already exist. Carefully read the message in red.
  • Click Browse/Choose File and upload PDF.
  • Select Yes or No at the prompt: Are you using court form hib_3015-2b1 or H1329d, a combined Motion and Notice of Hearing?
  • If Yes, select the appropriate Ch 13 Motions preset.  Make sure it is the same date and time on your form motion.
  • Relate to the Order Confirming Plan.
  • Modify docket text to describe attachments (e.g., Memorandum, Declaration, etc.), if appropriate.  
  • Verify final docket text. Click Next to complete the filing.
  • The Notice of Electronic Filing displays. This is the verification that the document has been electronically filed.