Bankruptcy Court: Southern District of Ohio - Western Division.
I filed a Chapter 13 case last week, and was given 14 days to file the rest of the forms and schedules. This is not a problem, and most of them are filled out and ready to go. However, the Repayment Plan reads
'This Plan was not filed with the petition or within seven (7) days thereafter. Accordingly, the Debtor will serve the Plan. See LBR 3015-1(b)'
I looked at Local Rule 3015-1(b), but it does not say what will be adequate as serving the plan on the creditors, just that it must be 'served'. I know this probably includes US Postal Service, but does it also include faxing and/or email were appropriate? I couldn't find anything in the local or national code about what methods of 'serving' are acceptable.
First class mail on all creditors and theoretically the ch 13 trustee and the US trutsee,but they will get it when it is scanned and filed.
If you are modifying a claim of a national bank, you may also have to serve an officer of that bank by certified mail.
This is a good reason why you should never file a Chapter 13 without an attorney. The plan has to be served by mail but some plans may need to be served by certified mail. Some plans may need to be filed with the same service requirements as the filing of an adversary. These plans may need to be filed on an officer of a Corporation.
It is self-serving, but I agree with Wayne. Chapter 13s are quite complex (generally more than BK7s). Though it is possible and legal to file them pro se, there are traps everywhere and even those of us who do them regularly fall into those traps now and then. The best way to file a case is to file everything at the same time. Skeletal filings might be necessary to stop a sheriff's sale or repossession, they just add more complexity.
I agree with Richard Blumenthal. I will add that you need to file a Certificate of Service within the bankruptcy case stating when the plan was served, who was served, and how they were served. I also recommend hiring an attorney. Best of luck to you!
Please hire an attorney - service issues are going to be one of the smaller quandaries you face in a chapter 13.
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