Local Rule Rule 3015-3: Confirmation of a Chapter 13 Plan
Bankr. E.D. Mich. — General rule
Rule 3015-3 Confirmation of a Chapter 13 Plan
(a) Objection to Confirmation of a Plan.
(1) In a chapter 13 case, an objection to confirmation of the plan must be filed by the deadline established in the notice of the commencement of the case.
(2) A party who fails to file an objection to confirmation may be deemed to have consented to confirmation of the plan and if the party is a secured creditor, the party may be deemed to have accepted the plan for purposes of § 1325(a)(5)(A).
(3) A secured creditor who disputes the value ascribed to collateral that the debtor proposes to retain under the terms of the plan must file an objection to confirmation of the plan. The debtor must forthwith make the collateral available to the creditor for examination and appraisal. The resulting hearing under F.R.Bankr.P. 3012 must be conducted as part of the plan confirmation hearing.
(4) The deadline to file an objection to the confirmation of a modified plan is 28 days after service of the modified plan.
(5) An objection to confirmation of a plan need not be refiled with respect to a subsequently filed pre-confirmation modified plan that does not cure such objection.
(6) Unless announced on the record at the confirmation hearing, a withdrawal of an objection to confirmation of a plan must be evidenced by a filed withdrawal of the objection or by the signature of the objecting party or its counsel on the proposed order confirming the plan.
(b) Hearing on Confirmation of Plan.
(1) Neither the debtor nor debtor's counsel need appear at the confirmation hearing if: (A) either no timely objection to confirmation has been filed or all timely objections have been withdrawn or resolved; and (B) the chapter 13 trustee has approved the proposed order confirming the plan.
(2) If the court declines to confirm the plan or if a party appears at the confirmation hearing and is permitted for cause to argue an untimely objection, the court will reschedule the hearing with notice to the debtor, debtor's counsel, the trustee and the objecting creditor.