Local Rule LBR 3015-3: Chapter 13 – Confirmation

LBR 3015-3. Chapter 13 – Confirmation

(a) Objection to Confirmation. A party objecting to confirmation of a chapter 13 plan or a plan motion must file an objection by the later of: (1) 7 days before the date of the confirmation hearing or continued confirmation hearing, and (2) 21 days after the date of filing of the plan, amended plan, or plan motion.

(b) Lack of Objections. In the absence of any timely filed objections to confirmation and any plan motions, the court may cancel the confirmation hearing, confirm the plan, and determine any plan motions.

(c) Confirmation Orders. Unless the court directs otherwise, the trustee will prepare a confirmation order substantially conforming to the local form (Order Confirming Chapter 13 Plan), attaching the plan as an exhibit, and any order deciding a plan motion (Order Granting Motion to Avoid Lien or Order Granting Motion to Value Collateral). The trustee may delegate the responsibility to prepare an order to the debtor or the debtor's attorney.

(d) Procedure Upon Denial of Plan Confirmation.

(1) Action Required Within 14 days. An order denying plan confirmation shall provide that the case shall be dismissed unless, within 14 days after the entry of the order denying confirmation, the debtor: (A) files an amended plan and any plan motions, or (B) converts the case to a case under another chapter.

(e) Multiple Denials of Confirmation. If two or more plans have been denied confirmation in a case, the trustee may include in an objection to any subsequent plan a motion to dismiss the case for prejudicial delay to creditors. Separate notice of the request for dismissal is not required.