Legal Opinion

In Re Franklin

United States Bankruptcy Court, D. Nevada

Decided October 31, 2011No. 19-50121PublishedCited by 2 opinions

1Opinion of the Court

ORDER DENYING CONFIRMATION

BRUCE A. MARKELL, Bankruptcy Judge.

This case presents a simple question that appears to have an impractical answer: What amount of notice is required when a debtor amends his or her chapter 13 plan before confirmation? The court reluctantly concludes that the Bankruptcy Rules require not less than 28 days’ notice.

Factual Background

Sketching the common case helps set up the analysis. A debtor files a chapter 13 case. With the petition, or within 14 days of its filing, the debtor must file a proposed plan. Fed. R. Bankr.P. 3015(b). In this district, the clerk then…

2Cases cited11 opinions

Erdmann v. Charter One Bank (In Re Erdmann)United States Bankruptcy Court, N.D. Illinois · 2011
In Re GronskiUnited States Bankruptcy Court, E.D. Pennsylvania · 1986
Educational Credit Management Corp. v. Mersmann (In Re Mersmann)Court of Appeals for the Tenth Circuit · 2007
In Re CORMIERUnited States Bankruptcy Court, D. Massachusetts · 2010
In Re El Comandante Management Co., LLC.United States Bankruptcy Court, D. Puerto Rico · 2006

6 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

In re WelshUnited States Bankruptcy Court, E.D. Arkansas · 2015
In re: Marc A. Christiansen v. Kiersten SilvaDistrict Court, N.D. California · 2026