Local Rule 3020-1: CHAPTER 11 – CONFIRMATION

Rule 3020-1 CHAPTER 11 – CONFIRMATION

(a) Amendments to the Plan. Amendments to the plan must be filed with the Court either as a single integrated amended plan or incorporated in the order of confirmation.

(b) Objections to Confirmation. Unless otherwise ordered by the Court, any objections to confirmation in a Chapter 11 case must be filed and served seven days before the date of the hearing on confirmation. The objection must be served upon the debtor, the debtor's attorney, the trustee or examiner (if any), the proponent of the plan (if not the debtor), counsel for any official committee, and the United States Trustee.

(c) Confirmation Order. The plan proponent is responsible for preparing the order of confirmation and submitting it to the Court for entry. The order must be submitted to the Court within 14 days after the hearing on confirmation.

(1) Contents of Confirmation Order. The confirmation order must include the following, if applicable:

(A) a schedule summarizing the exact timing and amount of distributions to be made to each class of creditors under the plan (the "Distribution Schedule"). However, if the confirmation order provides for pro rata distributions to a class of general nonpriority unsecured creditors from a fixed sum of money, the plan proponent must file the Distribution Schedule no later than 30 days after all objections to claims related to such class are resolved;

(B) notice of any scheduled post-confirmation status conference; and,

(C) if ordered by the Court, the form of a Post-Confirmation Avoidance & Claim Litigation Report to be filed in connection with post-confirmation status conferences conducted in the case. Forms are available on the Court's website, www.flmb.uscourts.gov.

(2) Service. The plan proponent must serve a conformed copy of the confirmation order together with a copy of the confirmed plan to all creditors, the United States Trustee, those persons on the Local Rule 1007-2 Parties in Interest List, and other parties as may be designated by the Court and file a proof of such service in accordance with the provisions of Local Rule 9013-3 within 14 days of the entry of the order of confirmation on the docket.

(d) Notice of Effective Date. The plan proponent must file and serve a notice of the plan's effective date within seven days of the occurrence of such effective date.

(e) Deadline for Filing Adversary Proceedings and Objections to Claims. Unless otherwise ordered by the Court, any adversary proceeding or contested matter contemplated by the Chapter 11 plan of reorganization and any objection to claim must be filed no later than 60 days after the entry of the order of confirmation.

_______________________ Notes of Advisory Committee 2025 Amendment This amendment adds new section (d) requiring that the plan proponent file and serve a notice of effective date within seven days of the effective date of the plan. Other changes are stylistic. This amendment to the rule is effective August 15, 2025.

2020 Amendment The revision to section (c)(1)(A) clarifies that if the confirmation order provides for payments of a fixed sum of money to a class of general nonpriority unsecured creditors (a "pot plan"), the Distribution Schedule otherwise required to be attached to the confirmation order shall be filed no later than 30 days after all objections to claims are resolved. The amendment also clarifies that Post-Confirmation Avoidance & Claim Litigation Reports are required only if the Court so orders. This amendment to the rule is effective August 1, 2020.

2016 Amendment This amendment requires orders confirming plans in Chapter 11 cases to include a summary of the timing and amount of payments to be made to each class of creditors under the plan. The amendment also changes the deadline from 30 days to 60 days for filing any adversary proceeding or contested matter contemplated by the Chapter 11 plan and any objection to claim. Other revisions are stylistic. This amendment to the rule is effective July 1, 2016.

2014 Amendment This amendment adds new section (a), requiring that plan modifications and amendments be filed in a single integrated plan or be incorporated in the order of confirmation. The purpose of this amendment is to clarify the terms of the plan as confirmed. The amendment also adds new section (d), requiring that the order of confirmation include notice of the first scheduled post-confirmation status conference and the filing of post-confirmation avoidance and claim litigation reports. This amendment to the rule is effective July 1, 2014.

1997 Amendment This amendment conforms the existing Local Rules to the uniform numbering system prescribed by the Judicial Conference of the United States and to the model system suggested and approved by the Advisory Committee on Bankruptcy Rules of the Judicial Conference's Committee on Rules of Practice and Procedure. In renumbering the Local Rules to conform to the uniform numbering system, no change in substance is intended. This amendment to the rule was effective on April 15, 1997.

Paragraph (a) of this rule was formerly Local Rule 3.05(a). Paragraph (b) of this rule was formerly Local Rule 3.06(b). Paragraph (c) of this rule was formerly Local Rule 3.06(a). The Advisory Committee Notes to the superseded rules may be helpful in interpreting and applying the current rules.

1995 Amendment Local Rule 3.06(a) has been amended to include the requirement that the debtor file any adversary proceedings or contested matters contemplated by the plan of reorganization no later than thirty (30) days after the entry of an order of confirmation.

Local Rule 3.06(c) has been amended to include contested matters and adversary proceedings within the matters which must be concluded before entry of a final decree.

Local Rule 3.06(d) has been added to make clear the requirement that a debtor who desires to convert a Chapter 11 case after confirmation of a plan of reorganization may do so only on motion and hearing with notice to all creditors and parties in interest. This is consistent with Bankruptcy Code § 1112(a)(1) which precludes the debtor from converting a case from Chapter 11 to Chapter 7 as a matter of right if the debtor is not a debtor in possession, Fed. R. Bankr. P. 9013 which requires that a request for an order be made by motion, and Fed. R. Bankr. P. 2002(a)(5) which requires that parties in interest receive twenty days' notice of a hearing on conversion of a case to another chapter. It is not intended that this Local Rule create any substantive rights not otherwise available under existing law.

These amendments to the rule were effective February 15, 1995.