Local Rule 3015-3: Confirmation of Chapter 13 Plans

Rule 3015-3 Confirmation of Chapter 13 Plans

(a) Applicability of Rule. Unless otherwise ordered by the court, in all chapter 13 cases the plan confirmation process will conform to this rule.

(b) Service of the Plan and Notice.

(1) The debtor must mail the chapter 13 plan, plan analysis, Notice of Date to File Objections, and Notice of Confirmation Hearing Date to creditors not later than twenty-eight (28) days after: [A] the date the petition is filed in a case commenced as a case under chapter 13 of the Code; or [B] the date of the order converting the case in a case converted to chapter 13 from another chapter of the Code.

(2) The trustee may lodge a dismissal order if the plan is not timely noticed to creditors.

(c) Objections to Confirmation.

(1) Any objection to the confirmation of the plan must be: [A] in writing; [B] filed not later than twenty-one (21) days after— (i) the first date set for the meeting of creditors under § 341(a) of the Code in a case commenced under chapter 13 of the Code; or (ii) the first date set for the meeting of creditors under § 341(a) of the Code following conversion in a case converted to a case under chapter 13 from another chapter of the Code; [C] transmitted to the U.S. trustee; and [D] served on— (i) the trustee, (ii) debtor, and (iii) debtor's attorney. (2) [A] An objection to confirmation must set forth with specificity the grounds for objection, identifying those provisions of §§ 1322 or 1325 of the Code with which the plan does not comply. [B] An objection that does not comply with the requirements of subparagraph (2)[A] may be disregarded by the court.

(3) If a party filing an objection to confirmation does not appear at the confirmation hearing, the court may deem the objection as having been withdrawn.

(d) Trustee's Recommendation. The trustee must file a recommendation on plan confirmation: (1) not later than twenty-eight (28) days after— [A] (i) the first date set for the meeting of creditors under § 341(a) of the Code in a case commenced under chapter 13 of the Code, or (ii) the first date set for the meeting of creditors under § 341(a) of the Code following conversion in a case converted to a case under chapter 13 from another chapter of the Code; (2) serve the recommendation on— [A] the debtor, [B] debtor's counsel, [C] the holder of any domestic support obligation, and [D] any party having filed an objection; and (3) if the trustee recommends confirmation and no objection has been timely filed, the trustee must lodge a proposed order confirming the plan.

(e) Response to Objection to Plan or Trustee's Recommendation.

(1) In the event that an objection to the plan is timely filed under subsection (c) or the trustee files a recommendation that the plan not be confirmed, the debtor must: [A] (i) file an amended plan, and (ii) serve the amended plan, together with notice of the time to object, on the trustee and all objecting parties; or [B] (i) file a response to the objection or trustee's recommendation, and (ii) serve the response on the trustee and all objecting parties;

(2) The debtor must serve and file the amended plan or response not later than thirty-five (35) days after— [A] the first date set for the meeting of creditors under § 341(a) of the Code in a case commenced under chapter 13 of the Code; or [B] the first date set for the meeting of creditors under § 341(a) of the Code following conversion in a case converted to a case under chapter 13 from another chapter of the Code.

(3) The trustee may lodge a dismissal order if the debtor does not timely file an amended plan or response as provided in paragraph (e)(1).

(f) Domestic Support Obligation Certification.

(1) In the event that no objection to confirmation is timely served and filed and the trustee recommends that the plan be confirmed, not later than seven (7) days after the trustee's recommendation is served and filed, the debtor must: [A] file a certification under penalty of perjury that— (i) all domestic support payments coming due since the date the petition was filed have been paid, and (ii) if any domestic support payment will come due within the next immediately following fourteen (14) days, that debtor expects to have sufficient funds and will make that payment on or before its due date; [B] transmit the certification to the U.S. trustee; and [C] serve the certification on— (i) the trustee, and (ii) the holder(s) of any domestic support claim(s).

(2) If the debtor fails to serve and file the certification as provided in paragraph (1), the debtor must: [A] at the confirmation hearing provide evidence that all domestic support payments coming due since the petition was filed have been paid; or [B] show cause why the case should not be dismissed.

(g) Confirmation Hearing.

(1) Unless otherwise ordered by the court, the confirmation hearing will be set automatically by the court without request.

(2) Upon the request of the debtor, U.S. trustee, trustee, or a creditor who has filed an objection to the plan or amended plan, for good cause shown, the court may continue the confirmation hearing for a period of not more than thirty (30) days.

(3) Matters ancillary to confirmation are to be filed, served, scheduled and noticed so as to be heard at the same time and date as confirmation.

(h) Confirmation Without a Hearing. The chapter 13 plan or amended plan may be confirmed without a hearing if: (1) [A] no objection to the plan or amended plan is timely filed, [B] the trustee recommends confirmation, and [C] the debtor files the certification provided in paragraph (f)(1) above; (2) [A] any timely filed objection to the plan or amended plan is withdrawn, and [B] the trustee recommends confirmation; or (3) upon the stipulation of the debtor, trustee and any interested party who has filed an objection to the plan or amended plan.