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LBR 9009-1(b), (c) Court-approved Forms and modified forms
If Debtor types in some additional terms in a Chapter 13 Mandatory Plan
form, marks the additional terms with an asterisk, and puts the terms in
bold letters so as not to be missed, does that comply with 9009-1(b)(4)(B)
below?
In 9009-1(c) it seems to say that if you make such additions, you are
supposed to attach a "Certificate of Substantial Compliance" to the form.
How long has this local rule been in effect?
Does anyone have a copy of the 2014 Local Rules? I want to see if this rule
was in effect when I filed my plan.
I included in a Plan that my admin fees are to be paid before other admin
fees (including prior chapter 7 trustee and counsel). No one objected to
this provision. The plan was confirmed. I have been paid for two years
pursuant to this provision. Now, the Trustee wants to make an issue of it
and is citing to these Local Rules. I cited to *Espinosa*. I think I have a
good argument for waiver, estoppel, course of conduct, etc., but I am
curious to hear your thoughts on the below LBRs.
LBR 9009-1
(b) Court-approved Forms.
(4) Mandatory Language.
(A) No Alteration or Deletion. Regardless
of whether a court-approved form is
mandatory or optional, no language or
provisions may be altered or deleted
from a form, whether a form is filed or lodged.
(B) Additional Language. Language or
provisions necessary to complete a form
may be provided in relevant sections
of a form or attached as a clearly
marked supplement to a form.
(c) Certificate of Substantial Compliance.
If a modified version of
an Official Form or a court-approved form is used, then such
document must include a certificate that the
form contains the same substance as the
Official Form or court-approved form, as
applicable.
Holly Roark
Certified Bankruptcy Specialist*
*and Sports Lawyer*
holly@roarklawoffices.com **primary email address**
www.roarklawoffices.com
*Central District of California & District of Idaho* - Consumer Bankruptcy
Attorney
1875 Century Park East, Suite 600 Los Angeles, CA 90067
T (310) 553-2600; F (310) 553-2601
*By State Bar of California Board of Legal Specialization
If Debtor types in some additional terms in a Chapter 13 Mandatory Plan form, marks the additional terms with an asterisk, and puts the terms in bold letters so as not to be missed, does that comply with 9009-1(b)(4)(B) below?In 9009-1(c) it seems to say that if you make such additions, you are supposed to attach a "Certificate of Substantial Compliance" to the form. How long has this local rule been in effect?Does anyone have a copy of the 2014 Local Rules? I want to see if this rule was in effect when I filed my plan.I included in a Plan that my admin fees are to be paid before other admin fees (including prior chapter 7 trustee and counsel). No one objected to this provision. The plan was confirmed. I have been paid for two years pursuant to this provision. Now, the Trustee wants to make an issue of it and is citing to these Local Rules. I cited to Espinosa. I think I have a good argument for waiver, estoppel, course of conduct, etc., but I am curious to hear your thoughts on the below LBRs.LBR 9009-1(b) Court-approved Forms. (4) Mandatory Language. (A) No Alteration or Deletion. Regardless of whether a court-approved form is mandatory or optional, no language or provisions may be altered or deleted from a form, whether a form is filed or lodged. (B) Additional Language. Language or provisions necessary to complete a form may be provided in relevant sections of a form or attached as a clearly marked supplement to a form. (c) Certificate of Substantial Compliance. If a modified version of an Official Form or a court-approved form is used, then such document must include a certificate that the form contains the same substance as the Official Form or court-approved form, as applicable. Holly RoarkCertified Bankruptcy Specialist*and Sports Lawyer
holly@roarklawoffices.com**primary email address**
www.roarklawoffices.com
Central District of California & District of Idaho - Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600 Los Angeles, CA 90067T (310) 553-2600; F (310) 553-2601
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