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Chapter 13 Plan Modifications

Saturday, January 30, 2021

The CARES Act provisions authorizing pandemic-related modifications to Chapter 13 plans, in 11 U.S.C. § 1329(d), expire on March 27, 2021.   Therefore March 19, 2021 is the last regular date for Chapter 13 hearings at which such modified plans can be heard for confirmation.  Fed. R. Bankr. P. 2002(b) mandates a minimum 28-day notice for hearings to consider confirmation of Chapter 13 plans.  Therefore, modified plans pursuant to Section 1329(b) must be filed and served by February 19, 2021 unless the Court, for cause, shortens the 28-day notice for hearing pursuant to Fed. R. Bankr. P. 9006(c), or the 21-day opportunity to object pursuant to LBR 9006-1(c).