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Notice Regarding Local Chapter 13 Model Plan Form

Friday, January 19, 2018

It has come to the Court’s attention that the version of the Local Chapter 13 Model Plan Form offered by Best Case, LLC, is inaccurate and improperly modifies a substantive provision of the Local Chapter 13 Model Plan Form (“Local Plan Form”). Paragraph A of Part 6 of the Local Plan Form provides that the liquidation value of the debtor’s property is $0, unless otherwise specifically set forth in Part 11. The provision is neither fillable nor open to modification. The version of the Local Plan Form offered by Best Case, however, makes the liquidation value in Paragraph A of Part 6 fillable and facilitates the use of a dollar amount for such value. Best Case has been notified of the issue and is expected to correct the problem promptly. In the mean time, it is incumbent on attorneys using Best Case software to carefully review Chapter 13 plans and to correct this mistake as necessary. Plans filed with a liquidation value of any amount other than $0 in Paragraph A of Part 6 may be stricken. Regardless, such a provision will not be effective as to not only the debtor, but creditors and the Chapter 13 trustee as well.

All attorneys are reminded that by signing and filing a Chapter 13 plan using the Local Plan Form, they are certifying that “the wording and order of the provisions in [the plan] are identical to those contained in the [Local Plan Form] for the Bankruptcy Court for the Central District of Illinois, other than any nonstandard provision included in Part 11.” Attorneys are further admonished that it is their responsibility to ensure that any plan purportedly filed on the Local Plan Form is consistent with this certification and contains no substantive changes to the form provisions. Any nonstandard provision, other than as set forth in Part 11, will not be effective as to any party. Improper or incomplete documents may be stricken.