Chapter 13 National Plan Form and Rules Amendments: Speak Now or Forever Hold your Peace

Well, perhaps “forever hold your peace” is an example of what Stephen Colbert calls “truthiness” because there is no imminent deadline for commenting, criticizing or applauding the From Plan Working Group’s work product. Even though the project is not complete, this IS the best time to be heard before the formal rule and form promulgation process begins.

Click here for drafts of the Chapter 13 Model Plan Form (pages 187-195) as well as drafts of proposed rules amendments that will be published in August, 2013. Highlights of proposed amendments include:

•     Secured creditors must file proofs of claim to be paid.

•     The claims bar date would be moved to 60 days after the petition date in order to sync with confirmation.

•     The plan controls over contrary proofs of claim.

•     New deadlines for objections to plan confirmation.

•     Lien avoidance will be accomplished through plan confirmation.

•     Orders declaring liens are satisfied will be controlled by a new rule.

The members of the Form Plan Working Group include Eugene Wedoff, John Rao, Troy McKenzie, Elizabeth Gibson, Elizabeth Perris, Arthur Harris, Judith Wizmer and Ricardo Kilpatrick.

To send your suggestions, accolades or criticisms to the Form Plan Working Group email Troy McKenzie and/or Judge Eugene Wedoff.

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