This text of Fed. R. Bankr. P. 3014 (Chapter 9 or 11—Secured Creditors’ Election to Apply §1111(b)) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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(a)TIMEFORANELECTION.
(1)Chapter 9 or 11. In a Chapter 9 or 11 case, before a hearing
on the disclosure statement concludes, a class of secured
creditors may elect to apply §1111(b)(2). If the disclosure state-
ment is conditionally approved under Rule 3017.1 and a final
hearing on it is not held, the election must be made within the
time provided in Rule 3017.1(a)(2). In either situation, the
court may set another time for the election.
(2)Subchapter V of Chapter 11. In a case under Subchapter V
of Chapter 11 in which §1125 does not apply, the election may
be made no later than a date the court sets.
(b)SIGNED WRITING; BINDING EFFECT. The election must be made
in writing and signed, unless made at the hearing on the disclo-
sure statement. An election made by the majorities required b
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(a) TIMEFORANELECTION.
(1) Chapter 9 or 11. In a Chapter 9 or 11 case, before a hearing
on the disclosure statement concludes, a class of secured
creditors may elect to apply §1111(b)(2). If the disclosure state-
ment is conditionally approved under Rule 3017.1 and a final
hearing on it is not held, the election must be made within the
time provided in Rule 3017.1(a)(2). In either situation, the
court may set another time for the election.
(2) Subchapter V of Chapter 11. In a case under Subchapter V
of Chapter 11 in which §1125 does not apply, the election may
be made no later than a date the court sets.
(b) SIGNED WRITING; BINDING EFFECT. The election must be made
in writing and signed, unless made at the hearing on the disclo-
sure statement. An election made by the majorities required by
§1111(b)(1)(A)(i) is binding on all members of the class.
(As amended Apr. 11, 1997, eff. Dec. 1, 1997; Apr. 11, 2022, eff. Dec.
1, 2022; Apr. 2, 2024, eff. Dec. 1, 2024.)
. Chapter 12 or 13—Time to File a Plan; Nonstandard Pro-
visions; Objection to Confirmation; Effect of Confirmation;
Modifying a Plan
(a) TIME TO FILE A CHAPTER 12 PLAN. The debtor must file a
Chapter 12 plan:
(1) with the petition; or
(2) within the time prescribed by §1221.
(b) TIMETOFILEACHAPTER13 PLAN.
(1) In General. The debtor must file a Chapter 13 plan with
the petition or within 14 days after the petition is filed. The
time to file must not be extended except for cause and on no-
tice as the court orders.
(2) Case Converted to Chapter 13. If a case is converted to
Chapter 13, the plan must be filed within 14 days after conver-
sion. The time must not be extended except for cause and on
notice as the court orders.
(c) FORMOFACHAPTER13 PLAN.
(1) In General. In filing a Chapter 13 plan, the debtor must
use Form 113, unless the court has adopted a local form under
Rule 3015.1.
(2) Nonstandard Provision. With either form, a nonstandard
provision is effective only if it is included in the section of the
form that is designated for nonstandard provisions and is iden-
tified in accordance with any other requirements of the form.
A nonstandard provision is one that is not included in the
form or deviates from it.
(d) SERVING A COPY OF THE PLAN. If the plan was not included
with the notice of a confirmation hearing mailed under Rule 2002,
the debtor must serve the plan on the trustee and creditors when
it is filed.
(e) COPY TO THE UNITED STATES TRUSTEE. The clerk must
promptly send to the United States trustee a copy of any plan
filed under (a) or (b) or any modification of it.
(f) OBJECTION TO CONFIRMATION; DETERMINING GOOD FAITH WHEN
NOOBJECTIONISFILED.
(1) Serving an Objection. An entity that objects to a plan’s
confirmation must file and serve the objection on the debtor,
trustee, and any other entity the court designates, and must
send a copy to the United States trustee. Unless the court or-
ders otherwise, the objection must be filed, served, and sent at
least 7 days before the date set for the confirmation hearing.
The objection is governed by Rule 9014.
(2) When No Objection Is Filed. If no objection is timely filed,
the court may, without receiving evidence, determine that the
plan has been proposed in good faith and not by any means for-
bidden by law.
(g) EFFECT OF CONFIRMATION OF A CHAPTER 12 OR 13 PLAN ON THE
AMOUNTOFASECUREDCLAIM; TERMINATINGTHESTAY.
(1) Secured Claim. When a plan is confirmed, the amount of
a secured claim—determined in the plan under Rule 3012—be-
comes binding on the claim holder. That is the effect even if
the holder files a contrary proof of claim, the debtor schedules
that claim, or an objection to the claim is filed.
1
(2) Terminating the Stay. When a plan is confirmed, a request
in the plan to terminate the stay imposed under §362(a),
§1201(a), or §1301(a) is granted.
(h) MODIFYINGAPLANAFTERITISCONFIRMED.
(1) Request to Modify a Plan After It Is Confirmed. A request
to modify a confirmed plan under §1229 or §1329 must identify
the proponent and include the proposed modification. Unless
the court orders otherwise for creditors not affected by the
modification, the clerk or the court’s designee must:
(A) give the debtor, trustee, and creditors at least 21
days’ notice, by mail, of the time to file objections and the
date of any hearing;
(B) send a copy of the notice to the United States trust-
ee; and
(C) include a copy or summary of the modification.
(2) Objecting to a Modification. Rule 9014 governs an objection
to a proposed modification. An objection must be filed and
served on:
• the debtor;
• the trustee; and
• any other entity the court designates.
A copy must also be sent to the United States trustee.
(As amended Apr. 30, 1991, eff. Aug. 1, 1991; Apr. 22, 1993, eff. Aug.
1, 1993; Mar. 26, 2009, eff. Dec. 1, 2009; Apr. 27, 2017, eff. Dec. 1, 2017;
Apr. 2, 2024, eff. Dec. 1, 2024.)