GENERAL INFORMATION

Service of Post-Confirmation Motions to Modify:
Judge Gerling has held that Local Rule 3015-2(a) is unenforceable.  Therefore, you need to serve motions to modify on all creditors, regardless of whether they are detrimentally affected by the modification, unless you get an order from the Court directing otherwise.  See In re Krawczyk, No. 00-64031 (Bankr. N.D.N.Y. Nov. 30, 2004).

When you file an amended mailing matrix or amended schedules D, E or F to add creditors, only put the NEW creditors on the amended schedules.
See Local Bankruptcy Rule 1009-1.

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 Rule 3015-2(c) for notice requirements.

Motions for Approval of the Sale of Real Property

• See Local Bankruptcy Rule 6004-2.  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).

Waiver of Credit Counseling Requirement

See In re Wilson, 346 B.R. 59 (Bankr. N.D.N.Y. 2006) (Gerling, C.J.)