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Request for Public Comment on Proposed Amendments to Local Form CSD 1300, Mandatory Chapter 13 Plan

Monday, September 20, 2021

The United States Bankruptcy Court for the Southern District of California, having considered comments and suggestions provided by its Bankruptcy Advisory Board, gives notice of intended amendments to Local Form CSD 1300, Mandatory Chapter 13 Plan.  The proposed amendment of Part 8 is below, and the redline amended form may be accessed HERE.  The amended form will be effective January 1, 2022.

Part 8:          Vesting of Property of the Estate

8.1 General.

Income and earnings of the debtor(s) will remain vested in the estate until the case is closed. Other property of the estate will revest in debtor(s) upon confirmation of the plan except as elected in Section 8.2.

8.2 Election.

The following assets will remain property of the estate until the case is closed:

 

8.3 Revesting.

The revesting of an asset will be subject to all liens and encumbrances in existence when the case was filed, except those liens avoided by court order or extinguished by operation of law.

Public comments concerning these amendments may be submitted by November 1, 2021, via email to LBRcomments@casb.uscourts.gov  or mail to the Court address below.  Please include your name, firm name (if any), email address, and phone number with all submissions.

Clerk of Court – CSD 1300 Comments
325 West F Street
San Diego, California 92101-6991