Monthly Archives: November 2014

2nd Notice to Creditors Affected by Motions in Chapter 13 Plans


In accordance with Local Rule D.N.J. LBR 3015-1, a Chapter 13 Plan Transmittal Letter must be filed in all cases where the Plan contains motions.  Please note that the Chapter 13 Plan Transmittal Letter and documents to be attached thereto should be attached as an exhibit to the required Certification of Service filed with the court related to the Chapter 13 Plan and Motions.

Chapter 13 Plan Transmittal Letter

Certification of Service

E-Filing Instructions:

CHAPTER 13 PLAN & MOTIONS

This event is programmed in CM/ECF to automatically transmit statistical information to the Administrative Office of the U.S. Courts pursuant to statutory mandates of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA). Please be sure this is the most appropriate event for the pleading you are e:filing.

Effective April 1, 2003, revised Chapter 13 Plan and Motions (Formally Local Form 8) must be used when filing a Chapter 13 plan. Motions to Avoid Liens under 11 U.S.C. 522 (f) and Motions to Avoid Liens and Reclassify Claims in whole or in part must be so noted in Article 6 of Chapter 13 Plan and Motions and do not require separate documentation in accordance with motion practice. The court, upon receipt of Chapter 13 Plan and Motions, will serve a copy of the plan on all interested parties and will issue a Notice of Hearing on Confirmation of Plan setting forth the confirmation hearing date and the last day to file objections to same. Motions, if any, noted in Article 6 of Chapter 13 Plan and Motions, will be returnable on the date of confirmation. Pursuant to DNJ L.B.R. 3015-1, “the debtor must, within twenty one days of the date of entry on the docket of the Notice of Hearing on Confirmation of Plan, serve each potentially affected creditor with a copy of the Plan and Chapter 13 Plan Transmittal Letter. The debtor shall file a Proof of Service of compliance with this section at least seven days prior to the scheduled Confirmation Hearing”.

For additional guidance, see Notice to Bar and Public Regarding Amended Chapter 13 Plan and Motions, New Forms (5/25/06) and Everything You Always Wanted to Know About the NEW Chapter 13 Plan.