[CLBS] Local Rule 2002.5(e)

[Randy French]

Must be good lobbying by the debtor's bar.  If you are filing a plan without a client signature, you had better have a good paper trail that the client has been informed and approved of the plan.  

In depth studies show that once in a thousand years, but not more, will counsel wait until the last minute to get a plan or other document prepared for filing.

When debtor's counsel is facing a filing deadline, and clients are not at hand to sign, then you either miss the deadline or file without a signature.  Aside from that, I do not see a good reason to file without a signature.  


Thanks.
Randy French

Law Office of Randal J. French, P.C.
Attorneys at Law
P.O. Box 836 
Boise, ID 83701 
(208) 859-6881

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-----Original Message-----
From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Robert Maynes
Sent: Wednesday, April 12, 2017 2:21 PM
To: clbs at admws.idaho.gov
Subject: [CLBS] Local Rule 2002.5(e)

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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