Petition Preparation Software
Attorneys who use third party petition preparation software to file bankruptcy cases should make sure they have the latest upgrade from their software vendors. The Bankruptcy Court changes that went into effect on 12/1/2017 impact the manner in which Chapter 13 Plans are uploaded when filed at the same time as the petition. If your petition preparation software is updated to the vendor's latest version, the user should be able to identify which "Requests" are included with the plan submission (see additional information below). If the software used to produce the upload file does not account for these recent changes, the Chapter 13 Plan will not be docketed correctly. Upgrading to the software vendor's most recent version should resolve this issue.
What "check boxes" should be checked on the new plan form and in CM/ECF when filing the new plan?
There is some confusion among attorneys and legal assistants about what boxes to check in Part 1 of the plan form, and which boxes to check when filing the plan, so that the docket entry reflects the correct "requests" included in the plan.
Valuation
- If a plan lists anything in Part 9, the “included” box in Part 1.1 of the new plan form should be checked AND the “Request for valuation of security” box should be checked when filing the plan in CM/ECF. See an example of the "requests" screen that is part of the filing of the chapter 13 plan in CM/ECF, below.
- If the plan contemplates lien stripping on a debtor’s residence/filing of a motion to value in Part 17, the “included” box in Part 1.1 of the new plan should be checked AND the “Request for valuation of security” box should be checked when filing the plan in CM/ECF.
Available Request Options When Filing a Chapter 13 Plan
Lien avoidance
If the plan contains a request for lien avoidance in Part 17, the “included” box in Part 1.2 of the new plan form should be checked AND the “Request for lien avoidance” box should be checked when filing the plan in CM/ECF.
Assumption or rejection of contract/lease
If the plan lists anything in Part 5, the “Request for assumption of executory contracts and/or leases” box should be checked when filing the plan in CM/ECF.
Surrender of collateral
If the plan lists anything in Part 16, the “Request to surrender collateral” box should be checked when filing the plan in CM/ECF.