CHAPTER 13 PLANS: MODEL PLAN AND CONFIRMATION ORDER; TREATMENT OF DEBTOR'S ATTORNEY'S FEES AS ADMINISTRATIVE EXPENSES; SERVICE – Amended December 1, 2017

(a)       Model Plan and Confirmation Order.  In a chapter 13 case, the plan must conform to the Official Form 113 Chapter 13 Plan, which shall be available in the Clerk’s office and on the Court’s website at (http://www.nysb.uscourts.gov/sites/default/files/Ch13Plan_FillableR.docx), and the confirmation order must conform to the Confirmation Order adopted by the Court, available at (http://www.nysb.uscourts.gov/sites/default/files/Ch13ConfirmationOrder.pdf).

(b)       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 must provide adequate notice of that fact to the trustee, the United States Trustee, and all creditors.  If the application for compensation does not exceed $1,000, Local Rule 9074-1(b)(1)(L) shall apply.  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.

(c)       Service of Plan.  Unless the court orders otherwise, the debtor must 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 twenty-eight (28) days, plus an additional three days if service is by mail, before the confirmation hearing.  The debtor must file timely proof of service in accordance with Local Bankruptcy Rule 9078-1.

Comment

            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. 

            This rule was amended in 2017 to refer to the Official Form 113 Chapter 13 Plan and to confirm that applications for compensation under $1,000 shall be subject to Local Rule 9074-1(b)(1)(L).