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New Chapter 13 Plan for Southern District of Texas

The Bankruptcy Judges of the Southern District of Texas have adopted amendments to the standard chapter 13 plan for use in the Southern District of Texas. Effective immediately, the new form of plan may be utilized. Effective October 1, 2008, the new form of plan must be utilized. The new form should be used (i) as the plan to be attached to a motion to modify a plan; and (ii) as an initially proposed plan.

The amendments allow debtors to obtain court approval, through the confirmation or modification process, of the refinancing of home mortgages when the refinancings fully retire existing home mortgage debt. Such refinancings must be approved by the lender and a document must be attached as Exhibit "A" to the plan evidencing the approval by the lender of the terms of the refinancing.

The new form is available for download on the Court's web site at http://www.txs.uscourts.gov/bankruptcy/rulesformsproc/ch13forms/ch13plan.pdf.

A redlined copy is also available for download at http://www.txs.uscourts.gov/bankruptcy/rulesformsproc/ch13forms/ch13planwredline.pdf.