CHAPTER 13 PLANS: MODEL PLAN AND CONFIRMATION ORDER; TREATMENT OF DEBTOR'S ATTORNEY'S FEES AS ADMINISTRATIVE EXPENSES; SERVICE – Amended [August 1, 2013]
- Model Plan and Confirmation Order. In a chapter 13 case, the plan shall conform to the model Chapter 13 Plan adopted by the Court, which shall be available in the Clerk’s office and on the Court’s website (http://www.nysb.uscourts.gov/sites/default/files/3015-1-plan.doc), and the confirmation order shall conform to the model Confirmation Order adopted by the Court, which shall be available in the Clerk’s office and on the Court’s website (http://www.nysb.uscourts.gov/sites/default/files/3015-1-order.doc).
- Notice and Hearing for Attorney’s Fees to be Treated as Administrative Expense. If the compensation, or any portion thereof, of the attorney for a chapter 13 debtor is to be treated as an administrative expense under the plan, the attorney shall provide adequate notice of that fact to the trustee, the United States Trustee, and all creditors. The notice shall be deemed adequate if the plan is transmitted timely to all parties in interest and states with particularity the timing and amount of any payments to be made to the attorney.
- Service of Plan. Unless the court orders otherwise, the debtor shall serve the plan and any amended plan that changes the treatment of any party on the chapter 13 trustee, the United States trustee, and all creditors at least 28 days, plus an additional three days if service is by mail, before the confirmation hearing. The debtor shall file timely proof of service in accordance with Local Bankruptcy Rule 9078-1.
Subdivision (a) of this rule was amended in 2013 to state in the rule the link to the Court’s website where practitioners may access the referenced forms, which were originally promulgated by General Order M-384. General Order M-384 was abrogated and replaced by this Local Rule and General Order M-455.
Subdivision (c) of this rule was amended in 2013 to include the requirements established by General Order M-406, relating to service of chapter 13 plans. General Order M-406 was abrogated and replaced by this local rule.