Local Rule 3015-3: CHAPTER 13 - CONFIRMATION

Rule 3015-3 CHAPTER 13 - CONFIRMATION

(a) INITIAL PLAN.

(1) Unless extended by the court for cause, the debtor shall file a plan within fourteen (14) days of the filing of the petition and shall serve the plan upon the trustee and all creditors at the time of filing.

(2) The clerk shall set a date for a confirmation hearing and a deadline for objections to confirmation of the plan. Those dates shall be included in the Notice of Chapter 13 Case (Official Form B 309I) ("Notice") that the clerk shall serve on all parties.

(3) Any party seeking a continuance of a confirmation hearing shall serve that request upon all parties, unless otherwise ordered by the court.

(4) The court may confirm the plan at the scheduled confirmation hearing if no party files an objection to the plan within the time established in the Notice.

(b) AMENDED PLANS.

(1) If the debtor files an amended plan while a prior plan and objection to the plan is pending, and the objecting party maintains an objection to the amended plan, that party must timely file an objection to the amended plan.

(2) Upon the filing of an amended plan more than twenty-one (21) days prior to the date set for the confirmation hearing, the debtor shall serve the amended plan on all parties entitled to notice under Fed. R. Bankr. P. 2002, unless otherwise ordered by the court. The court will hear timely objections to the amended plan at the scheduled confirmation hearing.

(3) If the amended plan is filed within twenty-one (21) days of the scheduled confirmation hearing, the debtor shall, prior to filing the amended plan, obtain from the clerk, a date, time, and location for a rescheduled confirmation hearing. Upon filing, the debtor shall serve the amended plan and a notice of the rescheduled confirmation hearing upon all parties entitled to notice under Fed. R. Bankr. P. 2002. The notice of the rescheduled confirmation hearing shall state that objections to the amended plan shall be filed within seven (7) days prior to the date of the continued confirmation hearing.

(c) OBJECTIONS TO AMENDED PLANS.

(1) Objections shall be filed at least seven (7) days prior to the scheduled confirmation hearing. Timely objections will be heard at the scheduled confirmation hearing.

(2) If the objection is resolved by agreement or consent order prior to the date of the confirmation hearing, the debtor shall file and serve an amended plan incorporating the modified provisions in accordance with paragraph (b) above.

(3) If the court overrules the objection, the amended plan may be confirmed at the confirmation hearing.

(4) If the court sustains the objection, unless otherwise ordered, the debtor shall have thirty (30) days to file and serve an amended plan in accordance with paragraph (b) above.

(5) If the parties resolve the objection at the hearing, then the court may conditionally confirm a proposed amended plan without further hearing if (a) the settlement terms are approved; (b) the settlement terms will not have an adverse effect on any other creditor in the case; (c) no other objections to confirmation exist; and (d) the debtor files an amended plan incorporating the settlement terms and serves it on the trustee and objecting party (if any) within fourteen (14) days of the confirmation hearing. The parties may also file a consent order evidencing the settlement terms prior to the filing and service of the amended plan. If the amended plan properly incorporates the settlement terms, the trustee shall promptly file a text entry on the docket indicating the amended plan resolves the objection, and the court may confirm the amended plan without a hearing. If the amended plan does not contain the settlement terms or was not properly served, the trustee shall promptly file an objection on the docket indicating the amended plan is deficient, and the court may schedule a hearing for further adjudication.