Notice Regarding Procedures for Chapter 13 Confirmation Hearings Before Chief Judge Steven Rhodes

Release Date: 
Monday, August 1, 2005

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Notice is hereby given of the following procedures to be applied to chapter 13 confirmation hearings beginning on August 10, 2005:

1. The Court will consider confirmation of the debtor’s plan only if the debtor has submitted a proposed order confirming plan to the trustee’s office by 4:30 p.m. on the Friday before the confirmation hearing.

2. Before submitting the proposed order confirming plan to the trustee, the debtor shall undertake all reasonable efforts to resolve the objections that were timely filed by creditors and the trustee.

3. If, after all reasonable efforts, impasse is reached between the debtor and any objecting parties regarding any objections, then the debtor shall submit to trustee, by the deadline established in paragraph 1:

(a) A proposed order confirming the plan (1) that is signed by the creditors whose objections have been resolved, and (2) that states the debtor’s proposed resolution of the parties’ remaining objections; and

(b) A certificate stating (1) that the debtor and the specified objecting parties are at an impasse their reasonable efforts to resolve objections, and (2) the legal and factual issues to be resolved in connection with the remaining objections to confirmation.
By the same deadline, the debtor’s attorney shall also file this certificate and serve it on any creditors whose objections are identified therein.

3. If the debtor does not submit a proposed order confirming plan as provided in either paragraph 1 or paragraph 3(a), or does not file and serve the certificate as required in paragraph 3(b), then the Court will not consider confirmation of the plan at the confirmation hearing; instead, the Court will simply consider whether there is good cause for an adjournment of the confirmation hearing.