Rule 3019 — Chapter 9 or 11—Modifying a Plan

Fed. R. Bankr. P. 3019

• Source: Federal Rules of Bankruptcy Procedure
• Rule: 3019
• PART X: [ABROGATED]
• Citation: Fed. R. Bankr. P. 3019

Text

(a) MODIFYING A PLAN BEFORE CONFIRMATION. In a Chapter 9 or
11 case, after a plan has been accepted and before confirmation,

the plan proponent may file a modification. The modification is
considered accepted by any creditor or equity security holder who
has accepted it in writing. For others who have not accepted it in
writing but have accepted the plan, the modification is considered
accepted if, after notice and a hearing, the court finds that it does
not adversely change the treatment of their claims or interests.
The notice must be served on:
• the trustee;
• any appointed committee; and
• any other entity the court designates.
(b) MODIFYING A PLAN AFTER CONFIRMATION IN AN INDIVIDUAL
DEBTOR’SCHAPTER11 CASE.
(1) In General. When a plan in an individual debtor’s Chapter
11 case has been confirmed, a request to modify it under
§1127(e) is governed by Rule 9014. The request must identify
the proponent, and the proposed modification must be filed
with it.
(2) Time to File an Objection; Service.
(A) Time. Unless the court orders otherwise for creditors
who are not affected by the proposed modification, the
clerk—or the court’s designee—must give the debtor,
trustee, and creditors at least 21 days’ notice, by mail, of:
(i) the time to file an objection; and
(ii) if an objection is filed, the date of a hearing to
consider the proposed modification.
(B) Service. Any objection must be served on:
• the debtor;
• the entity proposing the modification;
• the trustee; and
• any other entity the court designates.
A copy of the notice, modification, and objection must also
be sent to the United States trustee.
(c) MODIFYING A PLAN AFTER CONFIRMATION IN A CASE UNDER
SUBCHAPTER V OF CHAPTER 11. In a case under Subchapter V of
Chapter 11, Rule 9014 governs a request to modify the plan under
§1193(b) or (c), and (b) of this rule applies.

Advisory Committee Notes

(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 22, 1993, eff. Aug. 1, 1993; Apr. 23, 2008, eff. Dec. 1, 2008; Mar. 26, 2009, eff. Dec. 1, 2009; Apr. 11, 2022, eff. Dec. 1, 2022; Apr. 2, 2024, eff. Dec. 1, 2024.)