The Office of Mark W. Swimelar
Standing Chapter 12 and 13 Trustee
Syracuse, New York







Amending a Plan:
If an Order of Confirmation has been signed, file and serve a motion to modify. 
If the original plan has not been confirmed yet, or it was orally confirmed but the Order of Confirmation has not been signed, file and serve a Notice of Confirmation Hearing with the amended plan.  See Local Bankruptcy Rule 3015-4 for notice requirements.

Motions for Approval of the Sale of Real Property

  • See Local Bankruptcy Rule 6004-3.  The Trustee will object if the motion does not contain all of the required information. 
  • If the closing is scheduled before the next hearing date, you may be able to schedule the motion on shortened notice (see Local Bankruptcy Rule 9013-5). 
  • In the Utica Division, the Court prefers a separate application for the approval of professional fees related to the sale (i.e. real estate broker commissions and attorney fees).  However, the professionals do not need to be appointed in Chapter 13 (they do need to be appointed in Chapter 12).


250 S. Clinton Street, Suite 203    Syracuse, NY 13202      315/471-1499      (fax) 315/471-4811

2002-2018 Mark W. Swimelar, Trustee
All rights reserved.