United States Bankruptcy Court

for the District of Colorado


Local Bankruptcy Rule 320

Confirmation of Chapter 12 and Chapter 13 Plans

(a) Motion to Confirm and Order Confirming Chapter 12 Plan:

(1) Motion to Confirm: The debtor shall file with the plan a motion to confirm in substantial conformity with L.B.F. 320.1, 12 Motion. This motion shall be verified by the debtor and served by the debtor upon all creditors, other parties in interest, and upon the Standing Chapter 12 Trustee. The motion must contain facts sufficient to enable the court to make appropriate findings in accordance with the requirements of Chapter 12. If the plan is amended after the filing of a motion to confirm, a new motion to confirm, verified by the debtor and conforming to the amended plan, shall be filed. A motion to confirm an amended plan shall act as a notice of dismissal of, or a motion to dismiss, any previously filed motion to confirm and shall be subject to Fed.R.B.P. 7041.

(2) Order of Confirmation: The order of confirmation shall be in substantial conformity with L.B.F. 320.2, 12 Order, and shall be prepared by the debtor and filed with the plan. Notice of entry thereof shall be mailed promptly by the clerk, or some other entity as the court may direct, to the debtor, trustee, all creditors, equity security holders, and other parties in interest.

(b) Notice and Hearing on Motion to Confirm Chapter 12 Plan:

(1) Contested Matter: Hearings on motions to confirm Chapter 12 plans are contested matters subject to Fed.R.B.P. 9014 and the service requirements of Fed.R.B.P. 7004.

(2) Hearing: At the time the plan is filed the debtor shall obtain from the court the date for the preliminary hearing for the confirmation of the plan. If no objection to confirmation is timely filed, the court, at the preliminary hearing, may determine that the plan has been proposed in good faith and not by any means forbidden by law without receiving evidence on those issues, and may enter an order confirming the plan, if it otherwise meets the requirements of 11 U.S.C. 1222 and 1225, based on such evidence and/or representations as are sufficient to the court. If objections to confirmation are filed, the court will conduct a preliminary hearing and status conference at the time set for the purposes of framing the issues to be heard at confirmation, the entry of orders pertaining to discovery, the setting of the final hearing on the confirmation of the plan, and the entry of such other orders pertaining to the debtor's motion to confirm as are appropriate, but no evidence will be taken and no witnesses need appear. The court shall conduct and conclude a confirmation hearing within the time prescribed by 11 U.S.C. 1224 and rule on confirmation of the plan.

(3) Notice: The debtor shall prepare a notice in substantial conformity with L.B.F. 320.3, 12 Notice, and shall serve a copy of the notice, the motion to confirm, and the plan on the Standing Chapter 12 Trustee, all creditors, and all equity security holders. Unless the court fixes a shorter period, notice of the hearing shall be given not less than twenty (20) days prior to the hearing. The debtor shall file a copy of the notice with the court within five (5) days after service thereof, and shall file with it a certificate of service showing compliance with this Rule.

(4) Objections: Objections to confirmation of the plan shall be filed with the court and served on the debtor, the Standing Chapter 12 Trustee, and on any other entity designated by the court, at least three (3) court days prior to the hearing or within such other time as may be fixed by the court. Objections shall clearly specify the grounds upon which they are based, including the citation of supporting legal authority, if any. General objections will not be considered.

(c) Motion to Confirm, Objections to Confirmation and Order Confirming Chapter 13 Plan:

(1) Contested Matter: Hearings on motions to confirm Chapter 13 plans are contested matters subject to Fed.R.B.P. 9014 and the notice and service requirements of Fed.R.B.P. 2002 and 7004.

(2) Within ten (10) days following, but not before, the debtor's first attendance at the meeting provided for by 11 U.S.C. 341(a) the debtor shall file a motion to confirm. The motion to confirm shall be in substantial conformity with L.B.F. 320.4, 13 Motion. This motion shall be verified by the debtor and served by the debtor together with a copy of the plan and the notice required by L.B.R. 202 upon all creditors, other parties in interest, counsel who attended the meeting pursuant to 11 U.S.C. 341(a), and the Standing Chapter 13 Trustee.

(3) The verified motion to confirm must contain facts sufficient to enable the court to make appropriate findings in accordance with the requirements of Chapter 13. The failure of the debtor to include in the motion facts sufficient to make the required findings may result in dismissal or conversion to Chapter 7, as provided in 11 U.S.C. 1307.

(4) If the plan is amended after the filing and service of a motion to confirm, a new motion to confirm, verified by the debtor and conforming to the amended plan, shall be filed and served by the debtor together with a copy of the amended plan and the notice required by L.B.R. 202.

Note: L.B.R. 320 has been amended by GPO 2004-3. Please refer to GPO 2004-3.

(5) The date for the filing and service of the initial motion to confirm may be changed only upon the express order of the court for good cause shown and only upon the filing of a motion by the debtor prior to the expiration of the time for the filing of the motion to confirm.

(6) Objections and Confirmation: Objections to any relief sought in the motion to confirm, or an objection to the confirmation of the plan, shall be filed and served upon the Standing Chapter 13 Trustee, debtor and counsel for the debtor if debtor is represented by an attorney. If no written objection is filed by the Standing Chapter 13 Trustee in opposition to the plan or to any relief sought in the motion to confirm, the court may presume that the Trustee has reviewed the plan, the debtor's petition and budget, and the motion to confirm and has concluded that the debtor qualifies for relief under Chapter 13, the plan meets the requirements for confirmation specified by 11 U.S.C. 1325, and that the Trustee recommends confirmation of the plan.

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