April 7, 2017
The informal local rules sub-committee recommends the adoption of the national Chapter 13 Plan form and requests the proposal be circulated to the bar for public comment.
The sub-committee’s discussions considered the advantages and disadvantages of maintaining and modifying the local plan form or adopting the national form.
Maintaining and modifying current Wyo. L.B. Form B
- The local form requires modification to include an initial paragraph indicating whether the plan does or does not: 1) contain any non-standard provisions; 2) limit the amount of a secured debt based on value of the collateral; or 3) avoid any security interest or lien.
- Include a paragraph requesting termination of the stay upon surrendering property.
- Wyo. L.B. Form B contains the balance of the requirements of the proposed amendment.
Adopting the national form
- A national plan form would allow the District of Wyoming court and practitioners to rely upon opinions and decisions from other jurisdictions and provide a body of law applicable to the national form.
- There are not software providers for the local form, requiring practitioners to manually create the form and summary. Use of the national form would provide efficiency and a degree of accuracy as the data migrates through a software application.
- A national plan would provide uniformity for creditors and creditors’ counsel. This is applicable to U.S. Attorney’s office, mortgagees, child support and other priority creditors, and unsecured creditors.
The proposed national Chapter 13 form with background notes, is posted at:
Pending Rules and Forms
Please forward public comments to firstname.lastname@example.org. The public comment period closes May 15, 2017.