CHAPTER 13 - GENERAL
- Pre-Confirmation Matters in Chapter 13. In all cases filed under Chapter 13 where the debtor is required to file monthly operating reports, the debtor shall file a statement which contains “adequate information” about:
- the debtor's ability to make all of the payments under the plan and to comply with the plan;
- the financial condition of the debtor, including assets and liabilities of the debtor as well as the income and expenses of the debtor for the preceding calendar year;
- the value of any property of the estate, whether being retained by the debtor or surrendered, which is subject to a lien or security interest as well as a description of the basis for such value;
- an analysis of the amount which would be received by unsecured creditors if the estate of the debtor were to be liquidated under Chapter 7; and
- a projection of the net disposable income of the debtor for the term of the plan.
- For purposes of this rule, "adequate information" shall mean information of a kind, and in sufficient detail, as far as reasonably practicable in light of the nature and history of the debtor and the condition of the debtor's books and records, that will enable creditors and the trustee to make an informed judgment about confirmation of the plan.
- In business Chapter 13 cases, the pre-confirmation statement shall be filed twenty-one (21) days prior to the confirmation hearing. Copies of the pre-confirmation statement shall be served upon all creditors, the trustee, the United States trustee, and other persons who have requested notice pursuant to Bankruptcy Rule 2002.
Note: Refer to Standing and Administrative Orders regarding Chapter 13 procedures, available online.
Advisory Committee Notes
The amended rule includes stylistic changes to refer to applicable forms and the Local Rules Links page that provides links to various Official Forms and Local Forms. The standing and administrative orders referenced in the note include, at the time of this amendment, Administrative Order 13-004 and Amended Standing Order No. 19. The rule also references Chapter 13 plans, an approved form of which is available online as Local Form 13-21.
The amended rule only includes stylistic, non-substantive changes. The format of subdivisions is changed to maintain a consistent style across all rules. The introductory notes have been replaced with a single note at the conclusion of the rule, removing references to a specific Administrative Order, replacing it with a website link that can be maintained up-to-date more promptly than the local rules.