Chapter 13 Plan - United States Courtsnmb.uscourts.gov/sites/default/files/Ch13Pln.pdf · Chapter...
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Chapter 13 Plan October 4, 2017
Chapter 13 Plan - United States Courtsnmb.uscourts.gov/sites/default/files/Ch13Pln.pdf · Chapter 13 Plan October 4, 2017. Good morning. Today I will discuss the filing of a chapter
Good morning. Today I will discuss the filing of a chapter 13 plan and related motions in CM/ECF. I will first provide a brief overview and then I will login to CM/ECF as an attorney filer and demonstrate in three test cases. You will have to opportunity ask questions during the demonstration. In your packet, we have provided a handout that summarizes the process of filing a chapter 13 plan and two flowcharts that provide more detail. This slideshow, the handouts and the flowcharts are posted to the external website under For Attorneys - >Reference Materials -> 2017 Chapter 13 Plan. You may review them back at your office and print them for reference.
New Menu Option
• All Chapter 13 Plans to be filed under new menu
• Includes Amended and Modified Plans
Presenter
Presentation Notes
A new menu item has been created. The new menu, chapter 13 plan, is where you will docket the chapter 13 plan and related motions. This will include amended and modified plans.
Renamed Menu Option
• For all other chapters, use renamed “Plan” menu: Chapter 9, 11, 12 Plan
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Presentation Notes
For all other plans and related events, use the renamed Plan menu, “Chapter 9, 11, 12 Plan.”
Chapter 13 Plan Menu
Available events are:• Chapter 13 Plan• Motion to Assume Lease or Executory
Contract• Motion to Avoid Lien• Motion to Avoid Lien on Household
Goods • Motion for Valuation• Motion to Value Security and Limit
Secured Claim
Hold down the Ctrl Key to Select Multiple Events
Everything is in one place!
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Presentation Notes
The Chapter 13 Plan menu contains the plan and the related motions. Everything for filing the local combo plan can be found under the chapter 13 plan menu. You will hold down the control key (or if using a MAC, the command key) to select multiple events.
MotionsWhen selecting a motion event, you can select up to five of the same type.
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Presentation Notes
When selecting a motion event, you will be prompted for the number of motions of the same type that are contained in the plan. If you have more than five, please contact the clerk’s office to alert us.
Modify Docket TextEnter the text which corresponds with each motion.
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Presentation Notes
The next to last screen will prompt for the additional description of the motions, for example, motion to avoid lien with [blank], you will type in the lien holder.
Filing an Amended or Modified Plan
• When filing a Modified Plan do not use NM LF 3015-2.
• If you make a selection that conflicts with the status of plan confirmation (i.e., plan confirmed and you select Amended), a warning will display.
When filing an amended or modified plan, you will
be asked to make a selection:
Presenter
Presentation Notes
When filing an amended plan, use LF 3015-2. Do not use the local combo plan when filing a modified plan. When filing an amended or a modified plan, the system will prompt you to make the appropriate selection. If the order on confirmation has been entered and you select “Amended,” a display message will appear to alert you thus giving you the opportunity to change your selection.
Notice of Adjustment
If motions contained within the plan are not docketed, the Clerk’s Office will not require refiling of the plan. The Clerk’s Office will docket a utility event to ensure the requested relief is docketed.
A Notice of Adjustment will be entered to inform the filer that the motion has been docketed and to provide instruction for future filings.
Presenter
Presentation Notes
If motions are contained in the plan but not docketed, the Clerk’s Office will not require refiling of the plan. Instead, the Clerk’s Office will docket a utility event to ensure the requested relief is docketed. A Notice of Adjustment will be entered to alert the filer.
Notice of Deadline to File Objs to Confirmation of Chapter 13 Plan
Current New
One event to use for filing the Notice of Deadline to File Objections to Confirmation
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Presentation Notes
To make the process easier, there will be one event for filing the Notice of Objection to Confirmation of the Plan, thus eliminating the “with petition” and “after petition” distinction. Logic has been added to the event to “queue” the notice if filed the same day as the petition pursuant to local rule 3015-2(c) – revised December 1, 2017 to subsection (e).
And now time for a demonstration…
And any questions you might have.
Thank you!
Presenter
Presentation Notes
And now for a quick demonstration. I will be docketing a chapter 13 plan filed with the petition with the demo showing how to file motions w/ the plan and without (17-10074) and I will also demonstrate the docketing of an amended plan (17-10073) and a Modified Plan (17-10057).
