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Requests for Comments on Proposed Chapter 13 Changes - Deadline May 18, 2017

A revised form of chapter 13 plan, revised Local Bankruptcy Rule (LBR) 3015-1, and revised notices of § 341(a) meeting and confirmation hearing (§ 341(a) notices) have been tentatively approved by the Bankruptcy Judges for the Central District of California.  These documents were prepared in coordination with a committee of local representatives from the debtor bar, the creditor bar and the chapter 13 trustees. 
 
These revisions are prompted by changes to the national rules, which are expected to become effective as of December 1, 2017. There are two forms of § 341(a) notices because the new national rules provide two different procedures regarding the treatment of secured claims: valuation and lien avoidance can be done via motion practice (as is currently done) or alternatively in some circumstances they can be done in the plan itself (and this requires special procedures for which a special § 341(a) notice has been drafted). 

Proposed LBR 3015-1 (Redline Version)

Revised National Rules - Effective December 1, 2017

Proposed Chapter 13 Plan

§ 341(a) Notices 

Notice of (1) Section 341(a) Meeting, and (2) Hearing on Confirmation of Chapter 13 Plan, with Copy of Chapter 13 Plan

Clean                Redline

Notice of (1) Section 341(a) Meeting, and (2) Hearing on Confirmation of Chapter 13 Plan and Modification of Secured Claim(s), with Copy of Chapter 13 Plan
Clean                Redline

The public is invited to provide comments on proposed revisions to chapter 13 plan and LBR 3015-1 by sending an email to bkcomments@cacb.uscourts.gov. The deadline for comments is May 18, 2017.