Local Rule L.R. 3015-4: Chapter 12 and 13 Plans - Confirmation Procedures.

L.R. 3015-4 - Chapter 12 and 13 Plans - Confirmation Procedures. A. Original Confirmation Hearing. The Court will schedule the original confirmation hearing and will provide notice thereof on the notice of commencement of case. If a plan is not confirmed at the original confirmation hearing, the case will be continued on the Court's confirmation calendar until the case is dismissed or a plan is confirmed.

B. Attendance at Confirmation Hearings. The debtor's attorney (or only the debtor, if unrepresented by an attorney) and any party objecting to confirmation must attend all confirmation hearings in the case unless there are no objections or the objections have been settled or withdrawn. Failure of the debtor or the debtor's attorney to appear at the confirmation hearing may result in the denial of confirmation. Failure to appear or prosecute an objection at the confirmation hearing will be considered an abandonment of the objection.

C. Certification of Payment of DSOs and Taxes as a Condition for Confirmation. The Court will not confirm a Chapter 12 plan unless the debtor has certified in writing that the requirement of Bankruptcy Code § 1225(a)(7) for confirmation has been met. The Court will not confirm a Chapter 13 plan if the debtor has not certified in writing that the requirements of Bankruptcy Code §§ 1325(a)(8) and (9) for confirmation have been met. These certifications may be established by the debtor completing and signing the Debtor's Statement Under Penalty of Perjury at the § 341 Meeting or by filing a statement with the Court prior to the confirmation hearing. In a Chapter 12 case the Trustee will report to the Court whether the debtor has certified that the debtor has paid all necessary domestic support obligations.

D. Trustee's Certification Concerning Confirmation. The Trustee will submit a certification of confirmable plan and confirmation order, provided: 1. no objections to confirmation have been filed, or all objections have been resolved; 2. all payments due the Trustee from the debtor are "substantially current" under L.R. 3015-4(E); and 3. the provisions of Bankruptcy Code § 1325 or 1225, as applicable, have been met. On receipt of the Trustee's certification of confirmable plan, the Court may confirm the plan and remove the case from the confirmation calendar.

E. "Substantially Current." "Substantially current" means that the debtor has commenced payments by wage withholding and is not more than one payment in arrears. If the debtor is making payments to the Trustee directly (not by wage withholding), then "substantially current" means the debtor has commenced payments and payments are no more than two weeks late. If the debtor is not "substantially current" in payments to the Trustee at the confirmation hearing, the Court may dismiss the case.

F. Trustee to Provide Order. Whether a case is confirmed at or before the confirmation hearing, the Trustee will provide a confirmation order. The Court will serve the signed confirmation order on the debtor, the debtor's attorney (if any), and the Trustee.

G. Objections to Original Plan. Objections to confirmation of the debtor's original plan must be filed with the Clerk of Court and served on the debtor, the debtor's attorney (if any), and the Trustee no later than twenty-one (21) days after the conclusion of the § 341 meeting. An objection to a plan will continue until the objection is overruled or withdrawn. Failure to appear or prosecute an objection at the confirmation hearing will be considered an abandonment of the objection.

H. Pre-confirmation Amended Plans. Amended plans should be filed with effort to expedite the confirmation process. Failure to promptly file an amended plan may result in dismissal of the case. The debtor must serve the amended plan on all creditors and parties in interest. The debtor must contact the Courtroom Deputy to have the amended plan scheduled for hearing on the next confirmation calendar that is not sooner than twenty-one (21) days after service of the amended plan. The date, time, and location of the confirmation hearing of the amended plan must be stated in the caption of the amended plan.

I. Objections to Pre-confirmation Amended Plans. Objections to confirmation of an amended plan must be filed and served no later than twenty-one (21) days after service of the amended plan.

J. Service of Chapter 12 Confirmation Order. No later than seven (7) days after entry of an order confirming a Chapter 12 plan, the debtor must serve a copy of the confirmation order or notice of confirmation order on all creditors and parties in interest. Failure to so serve the order may constitute cause for imposition of sanctions or other appropriate relief.