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Rule 3015-1A. Chapter 12 Extension of Time to File Plan or Hold Confirmation Hearing.

(a) Extension of time to file a plan. A motion to extend the time to file a chapter 12 plan shall be filed with the Court before the original time for filing a plan has expired, shall state the specific extension requested, and shall state the cause for the extension sought. The motion shall constitute notice of the extension sought and shall be served on parties in interest not electronically served.

(b) Extension of time for confirmation hearing.

(1) Automatic extension of time. If the notice requirements of the Federal Rules of Bankruptcy Procedure do not allow a confirmation hearing to be held on the first available hearing date for the division in which the case was filed within the time allowed by 11 U.S.C. § 1224, the 45-day deadline in § 1224 is automatically extended to permit the hearing to be held on the next available hearing date for the division in which the case was filed.

(2) Motion for extension of time. A motion to extend the time for a confirmation hearing beyond any automatic extension provided by paragraph (1) above shall be filed with the Court before the expiration of the deadline for filing a plan, shall state the specific extension requested, and shall state the cause for the extension sought. The motion shall constitute notice of the extension sought and shall be served on parties in interest not electronically served.

(c) Objection to a request for an extension. An objection or other response to a motion to extend the time to file a chapter 12 plan or a motion to extend the time for a confirmation hearing shall be filed with the Court and served in compliance with Bankr. D.S.D. R. 9014-1(b) within seven days after the motion is filed with the Court.

REFERENCES: 11 U.S.C. §§ 1221 and 1224; Fed.Rs.Bankr.P. 2002(a)(8) and 3015.