Local Rule Rule 3020-2: CONFIRMATION ORDER FORMAT

Rule 3020-2 CONFIRMATION ORDER FORMAT

(a) The confirmation order must have the form of plan confirmed by the Court (including any changes made prior to the entry of the confirmation order) annexed as an exhibit to the confirmation order. If any provision has been modified since it was submitted to the Court, then the plan proponent shall submit to the Court an exhibit showing the changes that were made.

(b) The proposed order confirming a chapter 11 plan shall not reiterate any provision in the plan, unless (i) a modification is set forth in the order that is not included in the form of the plan that is attached to the order, or (ii) cause can be shown at the confirmation hearing to include a provision from the plan in the proposed order.

(c) The proposed order confirming a chapter 11 plan shall not reiterate the authorization to enter into, execute, or perform under the transactions contemplated in the plan or plan supplement.

(d) Except as necessary under Bankruptcy Rule 3020(c)(1) to describe plan injunctions against conduct not otherwise enjoined under the Bankruptcy Code or to support releases, settlements, contract or lease assumptions or contract modifications that are set forth in the plan, the proposed order confirming a chapter 11 shall not include any findings of facts or conclusions of law as to the satisfaction of the individual provisions of Sections 1122, 1123, 1125, 1126, 1129, and 1145 of the Bankruptcy Code except to the extent that such findings or conclusions are necessary to reflect the Court's rulings on issues that actually were the subject of dispute. If the plan's satisfaction of particular requirements has not been disputed, it shall be sufficient to state that the facts and legal arguments set forth in the declarations and memoranda submitted by the parties, and in the evidence and argument at the confirmation hearing, show that those requirements for confirmation have been satisfied.

(e) The proposed order confirming a chapter 11 plan shall not include any recitals of the related procedural history of the chapter 11 case and shall not repeat any requested relief previously granted by the Court in an order.

(f) If a chapter 11 plan (including a plan in a subchapter V case) will not be immediately effective upon confirmation, then the confirmation order should include a provision requiring the debtor to send a notice to all parties in interest informing them that the plan has become effective, and to do so promptly after the effective date has occurred.

(g) The Court, by order, may modify any of the provisions of this Local Bankruptcy Rule as they relate to particular cases.

Comment This rule was added in 2024 to encourage the use of "short form" orders of plan confirmation in chapter 11 cases and to eliminate unnecessary materials from such orders. Subdivision (f) sets forth a procedure by which notices of effective dates will be sent to all parties in interest in the event that plans are not immediately effective upon confirmation.