[CLBS] Local Rule 2002.5(e)

[Robert Maynes]

Apparently, the blue doesn’t come through.  The language under review is the following:
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.

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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On Apr 12, 2017, at 2:54 PM, Paul Ross <paul at idbankruptcylaw.com<mailto:paul at idbankruptcylaw.com>> wrote:

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<mailto: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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