(a) Definitions. For purposes of this Rule, the following terms are defined as follows:
(1) “Confirmation Hearing” means the date scheduled for an initial hearing on a chapter 13 debtor’s plan of reorganization.
(2) “Confirmation Status Report” means a completed L.B.F. 3015-1.4, in which the debtor, among other things, summarizes the outstanding plan objections and whether the debtor will amend the plan, seek judicial determination, or both.
(3) “Meeting Date” means the date originally scheduled for the meeting of creditors pursuant to 11 U.S.C. § 341.
(4) “Notice” means a completed Notice of Filing of Chapter 13 Plan, Deadline for Filing Objections Thereto, and Hearing on Confirmation, substantially in the form of L.B.F. 3015-1.2.
(5) “Verification” means a completed Verification of Confirmable Plan substantially in the form of L.B.F. 3015-1.3.
(b) Filing and Notice of the Chapter 13 Plan.
(1) The debtor must file a chapter 13 plan in substantial conformity with L.B.F. 3015-1.1.
(2) The debtor’s failure to file the plan within 14 days from the petition date or date of conversion to chapter 13 may result in the dismissal of the case pursuant to 11 U.S.C. § 1307(c)(3) and Fed. R. Bankr. P. 3015(b).
(3) The debtor must give notice of the plan and transmit it to the chapter 13 trustee, United States Trustee, and all parties listed on the Creditor Address Mailing Matrix. If the debtor files the plan on the petition date, the Court will transmit the plan and the Notice of Meeting of Creditors to these parties. If the debtor does not file the plan on the petition date, then the debtor will be responsible for transmitting to these parties both the plan and a Notice.
(4) If the chapter 13 plan will directly impact the legal rights of particular creditors, such as modifying or terminating lien or contract rights, then the debtor must also serve those particular creditors in the manner prescribed in Fed. R. Bankr. P. 7004.
(5) No later than three days following the debtor’s notice or notice and service of the plan or any amended plan, the debtor must file a completed certificate of service.
(c) Filing Objections to the Chapter 13 Plan.
(1) Objections to the plan must be filed no later than seven days after the Meeting Date.
(2) Objections must be served on the chapter 13 trustee, the debtor, and debtor’s attorney.
(3) Objections must clearly specify the grounds upon which they are based, including the citation of supporting legal authority, if any. The Court will not consider general objections and may strike any noncompliant objections.
(4) Any attempt to file a late objection must be accompanied by a motion requesting leave to file out-of-time. The Court may strike any noncompliant objection, without further notice or hearing. Any party filing a motion for leave must include the proposed objection as an exhibit.
(5) Any creditor filing an objection based on its assertion that the plan has incorrectly listed the amount of its claim or arrearages owed must provide a detailed and clear payment history, with a breakdown showing the components of its claim, such as principal, interest, fees, and costs. This requirement will not apply if the objecting creditor has filed its proof of claim prior to filing its objection.
(6) Any party filing an objection based on the debtor’s expenses or Current Monthly Income calculations must specify each expense item or calculation to which the objection is raised and the basis for the objection.
(7) Any party filing an objection based on the debtor’s request for valuation of collateral and determination of secured status under 11 U.S.C. § 506 must comply with L.B.R. 3012-1 and provide the amount and basis of the alternative value proposed.
(8) Unless otherwise ordered, objections to a prior plan are deemed withdrawn and new objections must be timely filed as to any subsequent plan. However, objections to a debtor’s motion for valuation of real property under 11 U.S.C. § 506 and L.B.R. 3012-1 will be deemed continued until the objection is withdrawn, resolved, granted, or denied.
(d) If No Plan Objections Are Filed.
(1) No Amendment to the Plan.
(A) If no objections are filed, no amendments are necessary, and the debtor is able to verify all of the statements required in a Verification, then the debtor must file a Verification in order to obtain a confirmation order.
(B) The Verification must be filed no earlier than ten days after the Meeting Date and no later than seven days prior to the Confirmation Hearing.
(C) A copy of the Verification must be served on the chapter 13 trustee and any parties requesting notice.
(D) Upon filing of the Verification, the Court may confirm the plan without requiring any parties to appear at the Confirmation Hearing.
(2) Amendments to the Plan Prior to the Confirmation Hearing When No Plan Objections Are Filed.
(A) If no objections are filed but an amendment to the plan is necessary, the debtor must file the amended plan, with all changes clearly and conspicuously indicated, along with a completed Confirmation Status Report, no earlier than ten days after the Meeting Date and no later than seven days prior to the Confirmation Hearing.
(B) The debtor must serve a copy of the amended plan and Confirmation Status Report on the chapter 13 trustee and any parties requesting notice.
(C) After filing of a Confirmation Status Report, the Court will order what further notice, if any, is required either at the Confirmation Hearing or by separate written order.
(e) If Plan Objections Are Filed.
(1) Obligation to Meet and Confer. In an effort to resolve or narrow the issues in dispute, the debtor and each objecting party must Meet and Confer, as defined in L.B.R. 9001-1, no later than ten days prior to the Confirmation Hearing. The parties’ failure to Meet and Confer may result in the Court striking the objection, denying confirmation, and/or taking other appropriate actions.
(2) Plan Objections Resolved.
(A) If the objections to the plan have been formally withdrawn, the plan is otherwise ready for confirmation, and the debtor is able to verify all of the statements required in a Verification, then the debtor must file a Verification in order to obtain a confirmation order.
(B) The debtor must serve the Verification on the chapter 13 trustee, any parties who objected to the most recently noticed plan, and any parties requesting notice.
(3) Amendments to the Plan Prior to Confirmation Hearing to Address Plan Objections.
(A) If there are objections to the plan and the debtor is filing, or intends to file, an amended plan to resolve some or all of the objections, the debtor must file a Confirmation Status Report so indicating no later than seven days prior to the Confirmation Hearing. The Debtor must also file the amended plan, with all changes clearly and conspicuously indicated, either seven days prior to the Confirmation Hearing or on the date indicated in the Confirmation Status Report.
(B) The debtor must serve a copy of the amended plan and Confirmation Status Report on the chapter 13 trustee, any parties who objected to the most recently noticed plan, and any parties requesting notice.
(C) After the filing of a Confirmation Status Report, the Court will order what further notice, if any, is required either at the Confirmation Hearing or by separate written order. It may also vacate the scheduled Confirmation Hearing.
(D) If the objecting parties represent to the Court at the Confirmation Hearing or by written withdrawal of their objections that they do not object to the amended plan, then the debtor must file a Verification in order to obtain a confirmation order.
(4) Plan Objections Remain Outstanding and Require Court Resolution.
(A) If there are remaining objections to the plan and the debtor is not filing an amended plan to resolve them, then the debtor must file a Confirmation Status Report no later than seven days prior to the Confirmation Hearing.
(B) The debtor must serve a copy of the Confirmation Status Report on the chapter 13 trustee, any parties who objected to the most recently noticed plan, and any parties requesting notice.
(C) After the filing of a Confirmation Status Report, the Court may order what further notice, if any, is required either at the Confirmation Hearing or by separate written order.
(f) Hearings. The debtor and objecting parties must appear or be represented at all Confirmation Hearings, unless otherwise ordered by the Court. Reaching an informal stipulation to resolve objections with opposing counsel does not relieve a party or attorney from the duty to appear. Unless otherwise ordered by the Court, objecting parties may appear by telephone. If all of the documents that debtor is required to file are timely filed, then debtor or debtor’s attorney may appear by telephone. If one or more of the required documents are not timely filed by the debtor, then the debtor or debtor’s attorney must appear in person.
(g) Service of Amended Plan after the Confirmation Hearing. The Court will direct what procedures apply to plan amendments at or after the Confirmation Hearing, including utilizing the procedures set forth in L.B.R. 2002-1 and 9013-1. If directed by the Court, the debtor must file and transmit the amended plan and a Notice to the chapter 13 trustee, any adversely affected creditors, any parties who objected to the most recently noticed plan, and any parties requesting notice.
(h) Modification of a Confirmed Chapter 13 Plan.
(1) Proposed Modified Plan. The debtor, the chapter 13 trustee, or a holder of an allowed unsecured claim may request modification of a confirmed chapter 13 plan by motion in accordance with 11 U.S.C. § 1329. The motion must state the date of confirmation of the existing plan, the reason for the modification, and the specific modifications proposed, including the effect upon distribution to each creditor class should the modification be approved. If the debtor is the party seeking modification, the debtor must also file a proposed modified plan, with all changes clearly and conspicuously indicated.
(2) Notice. Notice of the proposed modified plan is governed by Fed. R. Bankr. P. 3015(g) and L.B.R. 2002-1 and 9013-1. If modification is proposed after the expiration of the period for the filing of claims, notice may be limited to the chapter 13 trustee, any party whose interest is affected by the modification, and those creditors who have filed proofs of claim.
(i) Continued Meeting of Creditors.
(1) Consistent with L.B.R. 2003-1, a debtor’s request for a continuance of the Meeting Date must be in writing and served on the chapter 13 trustee no later than seven days prior to the Meeting Date. A request for a continuance of the Meeting Date is not filed with the Court.
(2) In the event that the Meeting Date is continued to a date prior to the original Confirmation Hearing, the Confirmation Hearing will remain as scheduled.
(3) In the event that the Meeting Date is continued to a date after the original Confirmation Hearing, then the debtor must file a motion to continue the Confirmation Hearing or appear at the originally scheduled Confirmation Hearing to request new deadlines from the Court.
(4) Within three days of the entry of an order granting a motion to continue the Confirmation Hearing, the requesting party must file and serve a Notice of Continued Dates for Meeting of Creditors and Hearing on Confirmation of Plan in substantial conformity with L.B.F. 3015-1.5 on all parties in interest with a certificate of service.
(j) Obtaining a Chapter 13 Discharge.
(1) In order to obtain a discharge, the debtor must file L.B.F. 3015-1.6, Chapter 13 Debtor’s Certification to Obtain Discharge as soon as practicable after the debtor has completed all of the debtor’s obligations under the plan. In a joint case, each debtor must file a separate Certification.
(2) The debtor must transmit a copy of the Certification to the chapter 13 trustee, the United States Trustee, all parties who have requested notice, and secured creditors.