Local Rule RULE 3015–3: Chapter 13—Confirmation

RULE 3015–3 Chapter 13—Confirmation

(a) Objections to Confirmation of Chapter 13 Plans.

(1) Timing. Any objection to confirmation of the chapter 13 plan or to the granting of any included Motion for Determination of Value, Motion for Lien Avoidance, or the Motion to Assume or Reject Executory Contract or Unexpired Lease shall be filed no later than seven (7) days prior to the date set for the confirmation hearing.

(2) Service. The objecting party shall file an original objection with the Court and serve copies on the chapter 13 trustee, the debtor, and the debtor's attorney (if any). The objection shall be accompanied by a certificate of service.

(b) Pre-Confirmation Certification. Prior to the scheduled confirmation hearing, a debtor shall sign the "Certification by Debtor(s) Requesting Confirmation of plan and Compliance With Requirements of 11 U.S.C. § 1325" (Local Form 105) (the "Pre-Confirmation Certification"), file it with the Clerk, and deliver a copy to the chapter 13 trustee.

(c) Confirmation Hearing When No Objection Is Timely Filed. After the time for filing objections has passed, if the Pre-Confirmation Certification has been filed, no objection has been timely filed, and upon recommendation of the chapter 13 trustee, the Court may enter an order confirming the chapter 13 plan without holding a hearing.

(d) Denial of Confirmation in Cases Without a Confirmed Chapter 13 Plan. If the Court denies confirmation of the debtor's original or subsequently modified chapter 13 plan, and the Court has not entered an order previously confirming a chapter 13 plan, the Clerk is directed to issue an order dismissing the chapter 13 case unless, within twenty-one (21) days after denial of confirmation: (1) the debtor files a new chapter 13 plan; (2) the debtor converts or moves to convert the case to another chapter of the Bankruptcy Code; (3) the debtor files a motion for reconsideration or appeals the denial of confirmation; or (4) the Court otherwise orders.

(e) Denial of Confirmation in Cases with a Confirmed Chapter 13 Plan. If the Court denies confirmation of the debtor's modified chapter 13 plan and the Court has entered an order previously confirming a chapter 13 plan, the previously confirmed chapter 13 plan shall remain in full force and effect.

(f) Adequate Protection.

(1) Affidavit. No later than fourteen (14) days prior to the date of a confirmation hearing, the debtor shall serve on the chapter 13 trustee and file with the Court an affidavit setting forth all 11 U.S.C. § 1326(a)(1) pre-confirmation payments made by the debtor. The affidavit shall set forth the deadline to object to the information contained in the affidavit. A copy of the affidavit shall be served on the creditors identified as being paid in the manner provided for service of a summons and complaint by Bankruptcy Rule 7004. In addition, if a proof of claim has been filed, the affidavit shall be served in care of the claimant at the name and address where notices should be sent as shown on the proof of claim.

(2) Objections. Objections to the accuracy of the affidavit shall be filed no later than seven (7) days after the filing and service of the affidavit. Unless a timely objection to the affidavit is filed, the Court may presume the information in the affidavit is accurate.