Local Rule LR 6.03 / LR 2083-3: Notice of 341(a) Meeting of Creditors; Objections to Plan; Valuation of Property; and Trustee's Recommendation on Confirmation
Bankr. S.D. W.Va. — General rule
(a) Notice Notice of the initial 341(a) meeting will be sent by the Chapter 13 Trustee. A copy of the Chapter 13 plan or a summary of the plan will accompany the notice. This notice will set forth the date, time and location of the 341(a) meeting, the time for filing objections to confirmation of the Chapter 13 plan, the time for filing objections to valuation of secured property, the date, time and location of the Trustee's settlement conference to resolve plan objections and the date, time and location of the confirmation hearing.
(b) All chapter 13 plans, including amended plans, must be filed using Local Form E-2 and will be served upon all creditors and parties in interest by the Chapter 13 Trustee.
Cross Reference Appendix E, Form No. 2 Appendix E, Forms No. 3 and 4 with Instructions to Debtor's Attorney
(c) Objection to Confirmation of the Chapter 13 Plan and/or Valuation of Secured Property All objections to the plan must be filed by the date set forth in the initial 341(a) meeting notice. A copy of all objections must be served on the debtor and Trustee.
(d) Trustee's Settlement Conference The Trustee will conduct a settlement conference prior to each confirmation hearing where there are objections to confirmation or valuation of secured property. The debtor and parties who have pending objections to confirmation or valuation of secured property are required to attend this conference to attempt to resolve the objections with the Trustee prior to the confirmation hearing. The settlement conference will be scheduled immediately prior to the confirmation whenever possible. Plans that have all objections resolved at the settlement conference will be heard pursuant to the confirmation procedure under subpart (f) below. Plans with unresolved legal or factual objections will be given a full hearing. Objections not resolved at the settlement conference will be heard at the confirmation hearing.
(e) Trustee's Recommendation on Confirmation and Valuation of Secured Property The Trustee will review all plans and schedules and will promptly raise all objections necessary to require amendments necessary to bring plans into compliance with the Code, including requiring all disposable income to be committed to the plan. Recommendation on confirmation of the plan and valuation of all secured property will be presented the earlier of three (3) working days following the Trustee's settlement conference or the confirmation hearing in a format prescribed by the Court.
(f) Confirmation Hearing Day All plans which have no outstanding objections may be confirmed at the scheduled confirmation hearing without further comment from the parties. Plans with outstanding objections will be heard in turn. Those cases which have objections that cannot be timely heard on confirmation day will be continued pursuant to the suggestion of the Chapter 13 Trustee or as the Court finds necessary.
Comment The 341(a) meeting notice will set a confirmation hearing with each Chapter 13 filed and will set forth the provisions of sections b, c, and d above.