Local Rule 3015-1: CHAPTER 12 PLAN REQUIREMENTS

RULE 3015-1 CHAPTER 12 PLAN REQUIREMENTS

(A) Time for Filing: The debtor may file a chapter 12 plan with the petition. If a plan is not filed with the petition, it shall be filed within 90 days thereafter unless the Court, pursuant to 11 U.S.C. §1221, extends the time for filing. Any motion for extension of time to file a plan shall be filed prior to the expiration of the deadline for which the debtor seeks an extension.

(B) Objections: Objections to confirmation of the plan shall be filed with the Court and served on the debtor, the debtor's attorney, the trustee, and on any other entity designated by the Court, not less than 7 days prior to the scheduled confirmation hearing.

(C) Hearing: After notice as provided in paragraph (D) of this Local Bankruptcy Rule, the Court shall conduct a hearing within the time prescribed by 11 U.S.C. §1224 and rule on confirmation of the plan. If no objection is timely filed, the Court may determine that the plan has been proposed in good faith and not by any means forbidden by law without receiving evidence on those issues.

(D) Notice: The debtor shall send notice of the hearing on confirmation to all creditors, the chapter 12 trustee and equity security holders. The notice shall include the time fixed for filing objections to the proposed plan. Unless the Court fixes a different period, notice of the hearing shall be given not less than 28 days before the hearing. A copy of the plan shall accompany the notice. Forthwith upon the giving of such notice, the debtor shall file proof of service with the Clerk.

(E) Order of Confirmation: The debtor shall prepare a proposed Order of Confirmation which recites the Court's findings under 11 U.S.C. §1225. Notice of entry thereof shall be mailed promptly by the Clerk, or some other person as the Court may direct, to the debtor, the trustee, all creditors, all equity security holders and other parties in interest.

(F) Retained Power: Notwithstanding the entry of the Order of Confirmation, the Court may enter all orders necessary to administer the estate.

(G) Possible Dismissal of Case; Notice: The Clerk is to monitor the filing of chapter 12 plans. If the debtor does not file a plan with the chapter 12 petition, the Clerk shall issue a notice that the debtor either must (1) file the chapter 12 plan or a motion to extend time to file a plan within 90 days after filing the chapter 12 petition; or (2) attend a hearing to explain why the case should not be dismissed, unless excused by the Court or the Court deems the deficiency cured and cancels the hearing.

(H) Notice of Dismissal Provision: The Clerk is directed to give notice of the dismissal provision of this Local Bankruptcy Rule to the debtor or debtor's attorney not filing a plan with the petition. The Clerk shall also give notice of this Local Bankruptcy Rule in the meeting of creditors notice.

Comments 3015-1(G) This change is necessary because of the addition of LBR 1017-3. [Change effective 2/1/00.]

3015-1 Time-computation adjustments have been made, as needed, to conform to a revision to the Federal Rules of Bankruptcy Procedure that takes effect December 1, 2009. Stylistic changes have been made to the text of the LBR as well. [Changes effective 12/01/09.]

LBR 3015-1(D) provides that notice of the confirmation hearing should be sent at least 21 days prior to the hearing. FRBP 2002(a)(8), however, requires 21 days notice of both the confirmation hearing and the objection deadline. Under LBR 3015-1(B), the objection deadline is 7 days prior to the confirmation hearing. To give the needed notice requires 21 days plus 7 days for a total of 28 days. [Change effective 09/01/11.]

3015-1 Paragraph (G) of this rule provision is amended as a result of the holding in No v. Gorman, 891 F.3d 138 (4th Cir. 2018). [Changes effective 11/15/19.]

3015-1(G) This paragraph is amended to remove language concerning the filing of a response; and to permit the Court to either excuse a debtor from the deficiency hearing or to cancel the hearing if appropriate in the event of an untimely cured deficiency. [Change effective 08/01/23.]