The following information is intended to provide a more efficient, uniform method for debtors to submit proposals to cure delinquencies without a hearing. All local forms referenced herein are located on the “Forms” page of our website at www.flnb.uscourts.gov/forms.
Optional Plan Language – See Local Form 13-1.
SUPPLEMENT TO SCHEDULES I AND/OR J RE: EXPENSES
To help explain extenuating circumstances regarding the debtor's income and/or expenses, Local Form 13-27, Supplement to Schedules I and/or J Regarding Listed Expenses, may be filed as a separate document or included as part of the petition.
To invoke the options to be included in the plan, the debtor would complete and electronically file one of the following documents, as applicable. Specific filing events for each are available in CM/ECF.
Debtor's Election to Abate Plan Payments Pursuant to Confirmed Plan Terms Local Form 13-29
Used to make the election to abate plan payments due to the loss of income or previously unscheduled new expenses.
Debtor's Election to Use a Portion of Tax Refund Pursuant to Confirmed Plan Terms Local Form 13-30
Used to make the election to use a portion of tax refunds due to the loss of income or previously unscheduled new expenses.
MOTION TO DISMISS FOR ACCRUED DELINQUENCIES
In the event delinquencies arise from failure to submit plan payments in full each month, the trustee will file a Motion to Dismiss for Accrued Delinquency. The debtor shall have 28 days to respond by filing an Agreed Motion to Abate Plan Payments to Address Accrued Delinquency (Local Form 13-28). Upon the filing of the agreed motion, the Clerk's Office will generate and send a Notice of Agreed Motion to Abate Plan Payments to all creditors and parties in interest, advising they have 21 days to respond. If a response is filed, a hearing will be set. If no response is filed, an Order Granting Agreed Motion to Abate and Rending Moot the Trustee's Motion to Dismiss.
Agreed Motion to Abate Plan Payments to Address Accrued Delinquencies Local Form 13-28
Notice of Agreed Motion to Abate
- Issued by the Clerk's Office
- Served to all creditors and parties and interest
- Sets a 21-day deadline to respond
See the flow chart for a visual documentation of the process.