Local Rule 3015-3: Chapter 13 - Confirmation

Rule 3015-3 Chapter 13 - Confirmation

(A) Filing Plan. Within the 14-day time limit from the date of the filing of the petition set by Fed. R. Bankr. P. 3015(b), the debtor must file and serve a proposed chapter 13 plan, with a plan summary attached. The plan and summary must conform with Local Bankruptcy Form B and C. The failure to timely file the plan and summary may result in a dismissal of the Chapter 13 case under Local Bankruptcy Rule 1017-2.

(B) Confirmation hearings.

(1) Initial Plan. a. The Clerk of the Bankruptcy Court will serve the Notice of Chapter 13 Case Filing and a Notice of Confirmation Hearing and Opportunity to Object on all interested parties upon the debtor filing a petition. b. The debtor shall serve the initial plan and plan summary on all interested parties within the time limit set by Fed. R. Bankr. P. 3015(b). c. The debtor shall file a certificate of service showing compliance with LBR 9013-3. d. The debtor is not required to serve the notice of opportunity to object on the initial plan as it is served by the court, upon filing of debtor's petition.

(2) Amended or Modified Plan. a. The debtor shall serve the amended or modified plan and plan summary on all interested parties, along with a Notice substantially conforming with Local Bankruptcy Form D and a certificate evidencing such service. b. The debtor is not required to file and serve a plan summary with an amended plan if the calculations in the summary are not affected or amended. c. The debtor filing a modified plan shall file an appropriate motion.

(3) If an objection is filed to the initial chapter 13 plan, the Court will hold the scheduled telephonic hearing with the following exception:

(a) The debtor files and serves an amended plan and motion to vacate the hearing (with a proposed order). The motion shall contain an averment of the consent of the objecting party or parties.

(b) The amended plan and motion to vacate the hearing must be filed and served, not less than four (4) days prior to the scheduled hearing.

(c) If a debtor withdraws the initial chapter 13 plan, the debtor shall file and serve: (i) a motion to vacate the hearing not less than four (4) days prior to the scheduled hearing; and (ii) an amended plan within five (5) days of the date the initial plan is withdrawn.

(d) Unless otherwise ordered, previously filed objections to confirmation are deemed moot and a new objection must be timely filed addressing any amended plan

(C) Objections. An objection must state with specificity the grounds on which the objection is based. Objections must be filed and served on the debtor and the debtor's attorney, and any other parties requesting notice. If a timely objection to an amended plan is filed, the Court will notice and hold a confirmation hearing.

(D) Appearance. The debtor and counsel are required to be present at any confirmation hearing scheduled to be held in the courtroom even if the debtor files an amended chapter 13 plan prior to the hearing, unless excused by the Court on motion.

(E) Motions. Prior to filing any motion to vacate or reschedule a confirmation hearing or to excuse the debtor from attending the confirmation hearing, the debtor must contact all opposing parties. The motion must state the position of opposing parties and must be filed and served on all objecting parties.

(F) Notice. The notice of an opportunity to object to a proposed chapter 13 plan made subsequent to the initial notice served by the clerk must conform with Local Bankruptcy Form D. Service must be effected so that all interested parties are given not less than 31-days notice (inclusive of the three (3)-days notice required for service by mail under Fed. R. Bankr. P. 9006(f)) of the date and time fixed for filing objections to confirmation.

(G) Summary Confirmation. If no objection to a plan is timely filed, and if the debtor is current on the plan payments, the Court will independently review the plan and may confirm the plan without further notice or hearing. Uncontroverted facts alleged in the plan may be taken as true by the Court for the purposes of confirmation. If the Court confirms a plan without objection, the Court will not hold the confirmation hearing.