[CLBS] Local Rule 2002.5(e)

Paul Ross paul at idbankruptcylaw.com
Wed Apr 12 14:54:29 MDT 2017


I did not get the 'blue' language in my e-mail.  I think good practice is
to have your clients familiar with and signed off on the plan before
filing, but if the rule does not require it, there must be a reason for
it.  What is that reasoning?  Does anyone know?

Paul

On Wed, Apr 12, 2017 at 2:21 PM, Robert Maynes <mayneslaw at hotmail.com>
wrote:

> Dear List Mates,
> With regards to Local Rule 2002.5(e), there has been some suggestions that
> this rule might benefit from an amendment to address the wording in blue
> below.  The concern is the need to have a debtor’s “wet” signature on the
> plan prior to filing.  Any input from chapter 13 practitioners, either on
> or off the list serve, would be appreciated.
> Kindest regards,
> Rob
>
> LRC 2002.5
>
>
> (e)  Standard chapter 13 plan and order.
>
> The debtor shall use the standard approved chapter 13 plan and order for
> this district with such alterations as may be appropriate in a particular
> case.  If the debtor provides additions, deletions, or other modifications,
> the debtor shall provide at the beginning of the plan or order a notice
> that the chapter 13 plan or order contains deviations, and the deviations
> shall be clearly identified.  If the debtor is represented by an attorney,
> the plan or any amended plan shall be signed by the attorney at the time it
> is filed and shall be signed by the debtor prior to the confirmation
> hearing.  If the debtor is not represented by an attorney, the plan shall
> be signed by the debtor at the time it is filed.  If either the plan or any
> amended plan is further amended and the amendments are contained in the
> order confirming the plan, the proposed order confirming the plan shall be
> signed by the debtor, the debtor’s attorney, the trustee, and any other
> party in interest affected by the amendments.
>
> ROBERT J. MAYNES
> MAYNES TAGGART, PLLC
> 525 Park Ave. Suite 2E
> P.O. Box 3005
> Idaho Falls, Idaho 83403
> (208) 552-6442
> (208) 524-6095 fax
>
>
>
>
>
>
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>



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