Local Rule 3020-1: CONFIRMATION OF CHAPTER 11 PLANS

RULE 3020-1. CONFIRMATION OF CHAPTER 11 PLANS.

(a) Confirmation Requirements. The plan proponent has the burden of proof at the confirmation hearing. At least three business days before the confirmation hearing, the plan proponent must file: (1) a Summary Ballot Report and Certification; and (2) any other document the plan proponent asserts is necessary to achieve plan confirmation, including a proposed order and all other information necessary to satisfy the elements for confirmation under § 1129(a). If there is no objection to confirmation of the plan timely filed, the Court may enter an order confirming such plan without a hearing if the Court determines, in its discretion, the plan and any supplemental information filed in support of confirmation is sufficient under § 1129(a).

(b) "Cram Down" under §§ 1129(b) or 1191. A motion for a "cram down" under §§ 1129(b) or 1191 will be heard at the confirmation hearing provided a request for hearing is filed and served at least 14 days before the scheduled confirmation hearing. Service must be made on the attorney for all members of the non-accepting class (or the members of that class if they are not represented by counsel), the attorney for any committee (or the committee members if the committee is not represented by counsel), and the United States Trustee.

(c) Order Confirming a Chapter 11 Plan. The proposed findings of fact and order confirming the plan must be in substantially the same form as Local Form H.