Section 113(b)(1)(C) of the recently enacted Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) added subdivision (d) to 11 U.S.C. § 1329. New section 1329(d) 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. A motion to modify a confirmed plan under § 1329(d) must substantially conform to this local form. Please see the attached order.

In addition, the presumptively reasonable fee for filing a motion to modify a confirmed plan under the Chapter 13 Attorney Fee Guidelines is increased to $1,000. This applies to a motion filed on and after March 27, 2020, the date of enactment of the CARES Act, that seeks a plan modification under any provision of 11 U.S.C. § 1329.

A fillable PDF of the motion may also be downloaded here.