Rule 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. Form 2082-1.1. This motion must be verified by the debtor and served on the chapter 12 trustee and 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 proposed order of confirmation must be in substantial conformity with L.B. Form 2082-1.2, and must 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, 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. Form 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 twenty-one (21) days prior to the hearing.

(C) Certificate of Service: The debtor must file a copy of the notice with the court within three (3) court days after service thereof, and must file with it a certificate of service showing compliance with this L.B.R.

(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 three (3) court 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. General objections will not be considered.

(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 forty-five (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 claims.

Commentary

[Source: L.B.R. 320, L.B.R. 319]