Local Rule Rule 3015-1: Chapter 12 and 13 - Confirmation

Rule 3015-1 Chapter 12 and 13 - Confirmation

(a) Debtor, debtor's attorney, the standing trustee, and any party filing an objection to confirmation must attend the final confirmation hearing. Failure to appear may result in the denial of confirmation or the overruling of the objection.

(b) If there are no objections to confirmation and the standing trustee recommends confirmation, the first hearing set for consideration of debtor's plan will be a final hearing. The debtor may offer evidence in support of confirmation by affidavit. However, the debtor must be available at the hearing to testify.

(c) If a confirmation hearing on debtor's first proposed chapter 13 plan is scheduled for the same day as the meeting of creditors under 11 U.S.C. § 341, then an entity having standing to object to the plan may file an objection at any time prior to the confirmation hearing or may raise the entity's objection orally at the confirmation hearing. If an oral objection is made, the objector must file the same objection in writing within 7 days after the initial confirmation hearing. Oral objections to the initial plan which are not confirmed by a written filing are, as to the initial plan, deemed waived.

(d) If there are objections to confirmation, the initial hearing will be a preliminary hearing, at which time the parties shall be prepared to discuss confirmation issues, including valuation of property or secured claims, settlement, discovery, other matters appropriate to the circumstances of the case, and the selection of a final hearing date. At the preliminary hearing, it shall not be necessary for the parties to provide for the attendance of witnesses.

(e) Valuation issues may be tried on an expedited schedule prior to the final hearing on confirmation or any deadline to amend the proposed plan.

(f) Debtor shall be responsible for serving a copy of the plan and the notice required by Federal Rule of Bankruptcy Procedure 2002(a). The debtor shall obtain scheduling information from the Courtroom Deputy. Unless the debtor requests and obtains an order reducing time, the bar date for objections and the hearing date shall be determined in accordance with Federal Rules of Bankruptcy Procedure 2002(a) and 9006(f).

(g) A debtor who, prior to confirmation, files a modification to a chapter 12 or 13 plan shall be responsible for serving the modified plan and the notice required by Federal Rule of Bankruptcy Procedure 2002(a). The debtor shall obtain the scheduling information from the Courtroom Deputy. Unless the debtor requests and obtains an order reducing time, the debtor shall determine the bar date for objections and the hearing date in accordance with the requirements of Federal Rules of Bankruptcy Procedure 2002(a) and 9006(f). The debtor shall also be responsible for serving any notice that may be required pursuant to Federal Rules of Bankruptcy Procedure 2002(a).

(h) The party requesting modification of a confirmed chapter 12 and 13 plan shall be responsible for serving the motion to modify, the proposed modification and the notice required by Federal Rules of Bankruptcy Procedure 3015(h).