You are here

Local Rules

L.B.R. 2081-3. Chapter 11 – Motions to Dismiss or Convert

(a)  Applicability.  This Rule applies to motions to dismiss or convert a case pursuant to 11 U.S.C. § 1112.

(b)  Selecting a Hearing Date.  Each division of the Court maintains a chapter 11 dismissal motion calendar.  The Court provides hearing date information on its website.  All dismissal motions must be set for hearing on the calendar of the division to which the case is assigned.

(1)  Notice Period.  Pursuant to Fed. R. Bankr. P. 9006(c), the Court finds cause exists to shorten the time to object to 14 days.

(2)  Hearing Date.  A party filing a dismissal motion in a pending chapter 11 case must select from the calendar of available hearing dates a proposed hearing date, which must be the latest hearing date available on the assigned judge’s calendar that is not more than 30 days from the date the dismissal motion is filed with the Court.  In the event the movant sets a hearing date beyond 30 days, the movant is deemed to have waived its right under 11 U.S.C. § 1112(b)(3) to a hearing within 30 days and a decision within 15 days of the commencement of the hearing.

(3)  Notice of Hearing.  Subject to the time limitations set forth in L.B.R. 2081-3(b)(1) and (2), the movant must comply with the provisions of L.B.R. 9013-1.  The notice of hearing must specify the following:

(A) the hearing date, time and location;

(B) that an objection and request for hearing must be filed by a date certain that is at least 14 days after notice of the motion; and

(C) that, if no objection is timely filed, the requested relief in the motion may enter without a hearing, upon the filing of a Certificate of Non-contested Matter.

(4)  Notice.  The movant must serve the notice and motion on the debtor, the debtor's attorney, the United States Trustee, trustee, and parties requesting notice.  The movant must also serve the notice on all creditors and parties in interest.

(c)  Procedures for Preliminary Hearings.  The following procedures apply at preliminary hearings on motions to dismiss:

(1)  No testimony will be taken.  The Court will only accept evidence by way of an oral offer of proof and exhibits.  Such offers must provide sufficient detail to enable the Court to make specific findings based thereon and must include the identity of the witnesses available to testify at an evidentiary hearing and an explanation of their expected testimony.  Written summaries of witnesses’ testimony are not required but may be submitted.

(2)  Parties must exchange all exhibits they intend to use, or may reasonably anticipate using, 24 hours prior to the preliminary hearing.  The exhibits must be tendered to the Court at the hearing, together with a statement identifying the witness or witnesses who would be called to identify and lay the foundation for the introduction of such exhibits.

(3)  Objections to tendered evidence should be made at the conclusion of each party’s declaration.  Any objection must identify the evidence objected to and specify the grounds for the objection.

(4)  The Court will treat the hearing as a preliminary hearing and, based on the proffers of evidence, if the movant establishes sufficient cause, may set the matter over for a final hearing.  In the alternative, the Court may consider the offers of proof and, absent the need for an evidentiary hearing, grant or deny the request for dismissal.

(5)  Expert Witnesses.  Any party anticipating the use of an expert witness for a final hearing will, at the preliminary hearing, comply with Fed. R. Civ. P. 26(a)(2) as incorporated by Fed. R. Bankr. P. 7026.

(d)  Telephonic Hearings.  Parties, through their attorneys, are required to attend the hearing in person except on prior request and approval of a telephonic appearance by the judge to whom the case is assigned.  Parties must request telephonic appearance by filing a motion.  If the Court permits a telephonic appearance, the parties must exchange witness lists and exhibits and file them with the Court no later than 24 hours prior to the hearing.

(e)  Waiver of 30 Day Hearing.  In the event that the movant does not select a hearing date pursuant to L.B.R. 2081-3(b), movant must follow the motion practice procedures set forth in L.B.R. 9013-1, and comply with the notice period as directed by Fed. R. Bankr. P. 2002(a)(4).  Using the L.B.R. 9013-1 procedures constitutes a waiver by the movant of the hearing and ruling time requirements of 11 U.S.C. § 1112(b)(3).

 

Commentary

The L.B.F. 9013-1.3, Certificate of Non-contested Matter and Request for Entry of Order should be used when no objection is timely filed as referenced in L.B.R. 2081-3(b)(3)(C).

Selecting a hearing date is intended to make it possible for the parties and the Court to comply with the notice requirements of Fed. R. Bankr. P. 2002(a)(4) and the hearing requirements of 11 U.S.C. § 1112(b)(3).  In order to best comply with the Bankruptcy Code, the Court has found cause to shorten the notice period for self-calendared motions pursuant to Fed. R. Bankr. P. 9006(c).

L.B.R. 2082-1. Chapter 12 – General

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

(1)  Motion to Confirm.  The debtor must file with the plan a motion to confirm in substantial conformity with L.B.F. 2082-1.1.  This debtor must verify the motion and serve it on the chapter 12 trustee, all creditors, and parties in interest.  The motion must contain facts sufficient to enable the Court to make appropriate findings in accordance with the requirements of chapter 12.

(2)  Order of Confirmation.  The debtor must file with the plan a proposed order of confirmation in substantial conformity with L.B.F. 2082-1.2.  The Clerk, or other entity as the Court may direct, must send notice thereof to the debtor, chapter 12 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. Bankr. P. 9014 and the service requirements of Fed. R. Bankr. P. 7004.

(2)  Notice.

(A) Form and Service.  The debtor must prepare a notice in substantial conformity with L.B.F. 2082-1.3, and must serve a copy of the notice, the motion to confirm, and the plan on the chapter 12 trustee and all creditors and parties in interest.

(B) Contents.  The notice must contain the date for the confirmation hearing and the date for filing objections to the plan.  At the time the plan is filed the debtor must obtain from the Court the date for the hearing on confirmation of the plan.  Unless the Court fixes a shorter period, notice of the hearing must be given not less than 21 days prior to the hearing.

(C) Certificate of Service.  The debtor must file a copy of the notice with the Court within three days after service thereof, and must file with it a certificate of service showing compliance with this Rule.

(3)  Objections.  Objections to confirmation of the plan must be filed with the Court and served on the debtor, the chapter 12 trustee, and on any other entity designated by the Court, at least seven days prior to the hearing or within such other time as may be fixed by the Court.  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.

(4)  Hearing.

(A) If no objection to confirmation is timely filed, the Court, at the hearing on confirmation, 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.  The Court 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.

(B) If objections to confirmation are filed, the Court will use the hearing on confirmation as a preliminary hearing and status conference for the purposes of

(i)  framing the issues to be heard at the final hearing on confirmation;

(ii)  the entry of orders pertaining to discovery;

(iii) the setting of the final hearing on the confirmation of the plan; and

(iv) the entry of such other orders pertaining to the debtor’s motion to confirm as are appropriate.

(C) No evidence will be taken and no witnesses need appear at the first hearing on confirmation.

(D) In accordance with 11 U.S.C. § 1224, except for cause, the hearing must be concluded not later than 45 days after the filing of the plan.

(c)  Amending a Chapter 12 Plan Prior to Confirmation.  In the event the debtor amends the original chapter 12 plan prior to confirmation, the amended plan, and such notice as the Court may order, must be served upon the chapter 12 trustee and all creditors and parties in interest, or as otherwise ordered by the Court.  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, must be filed.  A motion to confirm an amended plan acts as a notice of withdrawal of, or a motion to withdraw, any previously filed motion to confirm and must be subject to Fed. R. Bankr. P. 7041.

(d)  Modification of Chapter 12 Plan after Confirmation.  In the event the debtor, the trustee, or the holder of an allowed unsecured claim desires to modify a confirmed chapter 12 plan, the movant must file the proposed modified plan together with a motion requesting modification which must state with particularity the date the plan was originally confirmed, the reason for the modification and the effect upon distribution to each creditor class should the modification be approved.  If the modification is proposed after the expiration of the period for the filing of claims, service may be limited to the trustee, any party expressly affected by the modification and upon those creditors who have filed proofs of claim.

L.B.R. 2083-1. Chapter 13 – General

(a)  Pre-confirmation Payments Pursuant to 11 U.S.C. § 1326(a)(1).  Unless otherwise ordered by the Court, all pre-confirmation adequate protection payments made by the debtor pursuant to 11 U.S.C. § 1326(a)(1) must be paid to the chapter 13 trustee, not the secured claimant.  The pre-confirmation plan payments to the trustee must include the amount required under 11 U.S.C. § 1326(a)(1), plus the necessary trustee’s fee.

(b)  Calculation of Adequate Protection.  For the purpose of this Rule, calculation of adequate protection is calculated as 1% of the outstanding principal balance due as of the date of the filing of the petition, unless otherwise ordered by the Court.

(c)  Creditor’s Rights.  Payment of pre-confirmation adequate protection is without prejudice to the secured creditor’s right to object to confirmation of the debtor's plan or to seek determination as to the value of the claim or the amount needed to provide adequate protection.

(d)  Pre-confirmation Disbursements.  Pre-confirmation disbursements by the chapter 13 trustee under 11 U.S.C. § 1326(a)(1) are hereby authorized without further order, but such disbursements must not be made unless such creditor has filed a proof of claim with the Court.  Pre-confirmation disbursements under 11 U.S.C. § 1326(a)(1) must commence within 30 days of filing the proof of claim, unless the trustee has not received sufficient or good funds to make such payment.  The trustee is authorized to deduct all 11 U.S.C. § 1326(a)(1) pre-confirmation disbursements from an allowed claim and to retain the amount necessary to pay the trustee’s statutory fee based upon the pre-confirmation payments distributed by the trustee.

L.B.R. 3003-1. Bar Date for Filing Proofs of Claim in Chapter 11 Case

Subject to 11 U.S.C. § 726(a)(1), a party seeking entry of an order establishing procedures and a bar date for the filing of proofs of claim in chapter 11 cases or a bar date for filing motions for allowance of chapter 11 administrative expense claims must file a motion with proposed order and notice in substantial conformity with L.B.F. 3003-1.1 through 3003-1.4, respectively.

L.B.R. 3004-1. Filing Proof of Claim by Debtor or Trustee

A debtor or trustee filing a proof of claim on behalf of a creditor pursuant to 11 U.S.C. § 501(c) and Fed. R. Bankr. P. 3004 must contemporaneously file and serve a notice in substantial conformity with L.B.F. 3004-1.1, referencing the proof of claim.

L.B.R. 3005-1. Filing of Proof of Claim by Guarantor, Surety, Indorser, or Other Co-debtor

An entity filing a proof of claim on behalf of a creditor pursuant to 11 U.S.C. § 501(b) and Fed. R. Bankr. P. 3005 must contemporaneously file and serve a notice in substantial conformity with L.B.F. 3004-1.1 referencing the proof of claim.

L.B.R. 3007-1. Objections to Claims

(a)  Procedure for Objections.  Any party objecting to the allowance of any claim must file an objection stating with particularity the allegations of fact and grounds for the objection.  The objection must comply with and be prosecuted in the manner prescribed in Fed. R. Bankr. P. 3007 and L.B.R. 9013-1.

(b)  Trustee’s Objections to Claims in Chapter 13 Cases.

(1)  As soon as practicable after the expiration of the last day for filing of claims in each case, the chapter 13 trustee must submit a report of claims to the debtor and debtor’s attorney.  The chapter 13 trustee must file a certificate of compliance with this Rule.

(2)  It is the chapter 13 trustee’s and debtor’s attorney’s duty to examine all proofs of claim and, if appropriate, to file objections in the manner specified in L.B.R. 3007-1(a).

L.B.R. 3012-1. Valuation of Collateral and Determination of Secured Status under 11 U.S.C. § 506

(a)  Real Property.

(1)  How Raised.  A debtor’s request for the valuation of real property and determination of secured status under 11 U.S.C. § 506 must be made by separate motion and referenced within the proposed plan.  A separate adversary proceeding is not required.

(2)  Required Information.  The motion must include the name of the creditor, a description of the collateral, amount of debt owed to the creditor, and the debtor’s contention of value of the collateral.  The motion must also include the amounts owed to other senior lienholders.  The description of collateral must include a legal description of the affected real property and any identifying information with respect to the affected mortgage lien, including the date of the deed of trust, recording date, county, book and page or reception number of the recording.  Additionally, the motion must state that “in the event a creditor desires to participate in any plan distribution, the creditor must have a timely filed, allowed proof of claim, including such claims filed within 30 days of the entry of an order determining secured status” as set forth in Fed. R. Bankr. P. 3002(c)(1) and (3).

(3)  Service.  The debtor must serve creditors affected by the debtor’s valuation of collateral in the manner specified in Fed. R. Bankr. P. 9014 and 7004.

(4)  Notice.  Notice of the motion is governed by L.B.R. 9013-1.

(5)  Objections.  Objections to the motion must recite the basis of the objection, including the amount and basis of the alternative value proposed by the objector.  In the absence of a written objection, the valuation asserted by the debtor will be accepted by the Court and will be used in the Court’s determination of the amounts to be distributed under the plan.  Objections to the plan’s proposed treatment under 11 U.S.C. § 506 must be filed separately within the applicable deadlines.

(6)  No Objections.  If no objections are filed, the movant must file a Certificate of Non-contested Matter in substantial conformity with L.B.F. 9013-1.3.

(7)  Hearing.  Objections to the valuation of collateral under 11 U.S.C. § 506 will be considered in conjunction with the hearing on plan confirmation.  If the objection requires an evidentiary hearing, the Court will use the hearing on confirmation as a status and scheduling conference to set an evidentiary hearing date and related deadlines.

(8)  Order on Motion.  The attorney must submit a proposed order in substantial conformity with L.B.F. 3012-1.1.

(9)  Order Extinguishing Lien.  Upon successful completion of the debtor’s plan, the debtor may request an order that the lien is extinguished.  See L.B.F. 3015-1.6, Chapter 13 Debtor’s Certification to Obtain Discharge, and L.B.F. 3022-1.2, Chapter 11 Individual Debtor’s Final Report and Motion for Final Decree.

(b)  Personal Property.

(1)  How Raised.  A debtor’s request for the valuation of personal property and determination of secured status under 11 U.S.C. § 506 may be made in the proposed plan.  A separate motion or adversary proceeding is not required.

(2)  Required Information.

(A) Motor Vehicles.  Requests for valuation of a motor vehicle must include a description of the affected vehicle, including the year, make, model, and vehicle identification number (VIN).

(B) Other Personal Property.  Requests for valuation of other personal property must include a description of the affected property and any identifying information with respect to the underlying contract or transaction.

(3)  Service, Objections, Hearing, and Order.  Requirements regarding service, objections, hearing, and order are governed by the confirmation requirements of the applicable chapter under which the case is pending.

 

Commentary

Although the “lien-avoiding effect of the confirmed plan” is established at confirmation, actual lien avoidance is contingent upon the debtor’s completion of the plan.  If the case is converted to chapter 7 or dismissed, or plan payments are not otherwise completed, liens avoided under 11 U.S.C. § 506(d) in combination with 11 U.S.C. §§ 1322(b)(2) or  1123(b)(5) are reinstated.  11 U.S.C. §§ 348(f)(1)(B) and (C), and 349(b)(1)(C).

L.B.R. 3015-1. Filing the Chapter 13 Plan

(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. 

L.B.R. 3017-1.1. Conditional Approval of Disclosure Statement in Small Business Cases

(a)  Motion for Conditional Approval of Disclosure Statement.  A small business debtor who seeks conditional approval of a disclosure statement, must file the disclosure statement and a motion for conditional approval of the disclosure statement pursuant to 11 U.S.C. § 1125(f)(3)(A) (“Motion for Conditional Approval”).  The debtor must attach the proposed plan as an exhibit to the Motion, but not file it as a separate document until the Court has ruled on the Motion.

(1)  Filing Requirement.  In order to assist the small business debtor and the Court in meeting the time requirements of 11 U.S.C. §§ 1121(e)(3) and 1129(e), in the Motion for Conditional Approval, the debtor must set forth the following proposed deadlines and dates:

(A) date by which the debtor will need the Court’s conditional approval in order to meet all other deadlines;

(B) date by which the debtor must file its chapter 11 plan;

(C) date by which the debtor must serve its plan, disclosure statement, and ballot to all creditors and other parties in interest pursuant to Fed. R. Bankr. P. 2002(b) and 3017;

(D) deadline for all parties to file written objections to the disclosure statement;

(E) deadline for all parties to file written acceptances or rejections of the plan;

(F)  deadline for all parties to file written objections to the plan; and

(G) date by which the debtor will need a hearing on final approval of the disclosure statement (if any objection is timely filed) and on confirmation of the plan in order to stay within the deadlines in 11 U.S.C. §§ 1121(e) and 1129(e).  The proposed adequacy of disclosure statement and plan objection deadlines and the proposed deadline for acceptance or rejection of the plan may be the same date.

(2)  Notice.  The debtor must serve the Motion for Conditional Approval on the United States Trustee, trustee, and parties requesting notice.

(3)  Orders.  The Court may, in its discretion, enter an order without a hearing on notice as the Court may direct.

(b)  Order.  If the Court conditionally approves the disclosure statement, the Court will issue an order in substantial conformity with L.B.F. 3017.1-1.1.

(1)  Notice.  The debtor must serve the order, plan, disclosure statement, and ballot on all creditors and other parties in interest pursuant to Fed. R. Bankr. P. 2002(b) and 3017.

(2)  Certificate of Service.  The debtor must file a certificate of service as to the order, plan, disclosure statement, and ballot within three days of service.

(c)  Objections.  Objections to the adequacy of the disclosure statement must specify clearly the grounds upon which they are based, including the citation of supporting legal authority, if any, and reference to the particular portions of the disclosure statement to which the objection is made.  General objections will not be considered by the Court.

Pages