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Comment Period for Model Chapter 13 Plan Form

Tuesday, June 25, 2019

Two years ago, the Court announced it would be adopting a local Chapter 13 plan form for use in the Central District in light of then-anticipated changes and additions to the Federal Rules of Bankruptcy Procedure. The revised rules and the use of the Court’s local Chapter 13 plan form have now been in place since December 1, 2017. In that time, the Court has identified minor gaps in the language of certain provisions that could create ambiguity. For example, on the first page of the local Chapter 13 plan form, debtors are required to indicate whether or not the plan contains certain provisions. As originally drafted, the local Chapter 13 plan form advises debtors that, if the wrong box is checked, the related provision will not be effective. The original plan form says nothing about the impact of not checking any box. As revised, the local Chapter 13 plan form will make clear that failing to check any box will render any related provision ineffective.

As the Court continues its review, practitioners are invited to submit any suggestions for edits, corrections, or the like, in writing to Adrienne Atkins, Clerk of Court, U.S. Bankruptcy Court, Central District of Illinois, 600 East Monroe Street, Room 226, Springfield, Illinois 62701, or via email at adrienne_atkins@ilcb.uscourts.gov, no later than August 31, 2019. Once the comment period has closed, the Court will review practitioners’ comments and make the changes it deems appropriate.