Judge Weissbrodt's Procedures for Orders Modifying Chapter 13 Plans after Confirmation

Procedures for Orders Modifying Chapter 13 Plans after Confirmation

If a proposed form of order approving the modification of a confirmed Chapter 13 plan, pursuant to 11 U.S.C. § 1329, is submitted by a party other than the Chapter 13 Trustee, the Chapter 13 Trustee must approve the proposed form of order as to form. If the proposed form of order does not bear the Chapter 13 Trustee’s signature, it will normally not be signed by Judge Weissbrodt. A declaration indicating the Chapter 13 Trustee has not opposed the motion to modify, or has approved the modification, is insufficient. If the Chapter 13 Trustee and the moving party cannot agree on a proposed form of order, the moving party or the Chapter 13 Trustee may set the matter for hearing on 7-days notice to the other party.