Local Rule 3015–3: CHAPTER 13 — CONFIRMATION

3015–3 CHAPTER 13 — CONFIRMATION

(a) Objections to Confirmation.

(1) Time and Service Requirements. Objections to confirmation of an initial plan shall be filed in writing within fourteen (14) days after the § 341 meeting is concluded. Objections to confirmation of an amended plan shall be filed in writing within the later of twenty-one (21) days after service of the amended plan or fourteen (14) days after the § 341 meeting is concluded. , filed and All objections to confirmation shall be served on the debtor, the debtor's attorney, the trustee, and the United States trustee, and shall bear a certificate of service dated not later than fourteen (14) days after the § 341 meeting is concluded. If the objection is filed after this deadline, it must be accompanied by a separate motion to file objection out of time. The motion must state a valid reason for the delay and must be served on the same entities as the objection. For cases heard in any satellite location, the notice to creditors of the filing of the petition and meeting of creditors may authorize a different date for filing objections to confirmation. If the last date to object to confirmation is less than seven (7) days before the date scheduled for the confirmation hearing, any hearing on the objection will be rescheduled. If a timely objection to confirmation of the plan is filed within seven (7) days of before the confirmation hearing date pursuant to Rule 3015(f), the confirmation hearing will be rescheduled.

(2) Contents. An objection to confirmation and objection to valuation shall be in writing and shall include:

(A) the specific provision of the Code upon which the objection is grounded;

(B) the specific alleged facts which support the objection to confirmation and;

(C) a brief memorandum in support of the objection.

(3) Hearing. All parties shall be prepared to present all witnesses and other evidence at the confirmation hearing.

(4) Separate Objection. The An objection to confirmation shall not be combined with any other filing, paper, or request for relief, including a motion for relief from the automatic stay.

(5) Mootness. If an modified amended plan is filed after an objection to confirmation, the objection shall not be considered moot unless withdrawn.

(6) Service of (b) Objections to Modified Plans. An Oobjections to modification of a confirmed plan confirmation shall be in writing, filed and served on the debtor, the debtor's attorney, the trustee, and the United States trustee. The objection shall conform to the requirements of (a)(2) above.

(cb) Consent Docket. Plans that appear to the court to meet all statutory tests for confirmation and to which no objections to confirmation have been filed may be confirmed on the consent docket without actual presentation. Cases in which plans are confirmed on the consent docket may be read into the record at the confirmation hearing, may be posted on the court's or trustee's website any time prior to the scheduled confirmation hearing date, or may be listed on the hearing docket. It is the duty of the debtor's attorney, the trustee, or parties in interest to inform the court of any existing bar to confirmation. Cases with pending objections will not be placed on a consent docket. Deficiencies in the plan noted by the trustee at the § 341 meeting must be cured in a manner which is evident upon review of the case file or the plan will not be scheduled on a consent docket.

(dc) Confirmation Orders. The trustee shall prepare the confirmation order. The clerk shall serve a copy of the entered confirmation order on the debtor, the debtor's attorney, the trustee, the United States trustee, and all creditors and parties in interest.

(ed) Special Confirmation and Postconfirmation Requirements.

(1) Payments. Plan payments shall be in the amount proposed in the plan to be paid over the period of not less than one month, and shall be made only in the following form: money order, certified check, cashier's check, check drawn on an attorney's trust account, or in such other form as the trustee may direct. Pursuant to § 1326(a)(1) of the Code, preconfirmation payments must continue on a regular basis, at least monthly, from the date of the first payment until the plan is confirmed or confirmation is denied and the case is dismissed. All payments will be held in trust pending confirmation, except for any preconfirmation lease or adequate protection payments which are otherwise authorized to be paid by the trustee pursuant to LBR 3070-1.

(2) Time to Perform Other Confirmation Requirements. The debtor shall file all amendments, appraisals, stipulations, and other papers necessary to place the plan in a posture for confirmation at least three (3) days prior to the confirmation hearing for cases assigned to Dayton and Cincinnati; and ten (10) days prior to the confirmation hearing for cases assigned to Columbus or its satellite locations.

(23) Appraisals of Real Property. Unless otherwise ordered by the court, an appraisal performed within the preceding twelve (12) months must be filed and served on the trustee on or before the § 341 meeting of creditors for each parcel of real property in which the debtor has a legal, equitable, or beneficial interest. An auditor's valuation is an acceptable appraisal unless the property is subject to lien avoidance, cramdown, or bifurcation.

(34) Business Records and Periodic Reports.

(A) Duty of Debtor Engaged in Business. On or before the § 341 meeting of creditors, a debtor engaged in business shall supply financial records and information as requested by the trustee.

(B) Postconfirmation Reporting. In addition to the requirements of LBR 4002–1, postconfirmation reporting shall be as required by the confirmation order or by separate order on motion of the trustee or a party in interest or by request of the trustee at the meeting of creditors.