Local Rule RULE 3015-2: CHAPTERS 12 AND 13 – OBJECTIONS TO CONFIRMATION
Bankr. N.D.N.Y. — General rule
RULE 3015-2 CHAPTERS 12 AND 13 – OBJECTIONS TO CONFIRMATION
(a) Service of Objection. An objection to confirmation must be filed and served on the debtor, debtor's attorney, and the trustee not later than seven (7) days before the scheduled hearing on confirmation.
(b) Appearance Required Upon Objection. If an objection is filed, all parties or their counsel shall be present at the confirmation hearing. If the objecting creditor or creditor's counsel fails to appear at the confirmation hearing, the Court may treat the objecting party's absence as a waiver of the objection. If debtor's counsel fails to appear, the Court may deny confirmation.
(c) Resolution of Secured Creditor's Outstanding Objection to Plan When Plan is Amended. If a secured creditor's objection to a plan is rendered moot, settled or withdrawn by the filing of an amended plan, the objecting party must advise the court in writing by filing the Adjournment Request/Withdrawal/Settlement Notification for Confirmation Hearings form available on the court's website or on the record at the Confirmation Hearing.
(d) Required Contents. An objection to confirmation shall:
(1) Specify the number and letter section(s) of the Bankruptcy Code upon which the objection is grounded;
(2) Allege the specific facts that support the objections;
(3) Summarize the creditor's claim(s) against the debtor, including the alleged classification(s) (secured, unsecured, priority or administrative) and the amount of the claim(s); and
(4) Include within the case caption a reference to the document number of the plan or amended plan that is the subject of the objection.
(e) Separate Pleading Required. Objections to confirmation may not be combined with any motion seeking affirmative relief. Nothing within this Rule shall be deemed to limit or constrain the Court's authority to issue orders it deems appropriate at the time of a confirmation hearing.