Amended Rule 2002(a)(5) – Who Gets Served and Who Petitions the Court for Change?

By Phil Lamos, Chief Legal Counsel, Office of the Chapter 13 Trustee Lauren A. Helbling (Cleveland, OH)

Bankruptcy Rule 2002(a)(5) directs that 21 days’ notice must be given of the “time fixed to accept or reject a proposed modification of a [Chapter 13] plan.” But to whom must notice be given? Specifically, which creditors need to be given notice? This is a question that has troubled parties for years. Does a modification have to be served on all creditors, or only creditors who have filed proofs of claim? Some parties have served all scheduled creditors, while . . .

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