3003-1. Filing Proof of Claim or Interest Under Chapters 9 and 11.
Unless otherwise ordered by the Court, proofs of claim or interest shall be filed pursuant to Fed. R. Bankr. P. 3003 and shall be filed within 90 days after the first date set for the meeting of creditors called pursuant to 11 U.S.C. § 341(a).
3007-1. Objections to Claim.
Where a factual dispute is involved, the initial hearing on an objection shall be deemed a status conference at which the Court will not receive evidence. Where the objection involves only a matter of law, the matter may be argued at the initial hearing. Any notice of hearing on a claim objection shall so state.
Cross Reference See Fed. R. Bankr. P. 3007.
3015-1. Chapter 12 and 13 Plans.
(a) Chapter 12 Plans.
(1) Hearing on Plan and Objections Thereto. Unless otherwise ordered, notice of the hearing on confirmation of the plan shall be served not less than 32 days prior to the hearing. Objections to confirmation of the plan shall be filed and served on the debtor, the United States Trustee, the Chapter 12 trustee, and on any other entity designated by the Court, not less than 7 days before the hearing.
(2) Confirmation of Plan. The order of confirmation shall be similar to the Official Form for confirmation of plans in Chapter 11 cases, with appropriate changes made for Chapter 12.
(b) Chapter 13 Plans.
(1) Notice by Trustee. At least 25 days before the first date set for the 11 U.S.C. § 341 meeting of creditors, copies or an adequate summary of the Chapter 13 plan shall be served by the trustee on all creditors. The trustee shall certify to the Court that service has been made in accordance with this rule and pursuant to Fed. R. Bankr. P. 2002(b). If the plan is not filed with the petition, the trustee may require the debtor to serve the plan and provide certification as specified above.
(2) Notice by the Debtor. Prior to confirmation the debtor shall serve all amended plans, together with at least 20 days' notice of the date and time of the hearing on confirmation of the amended plan, on the trustee and all adversely affected creditors. Notwithstanding the foregoing, when plans are amended in response to trustee objections, and no creditors are adversely affected, the trustee may schedule confirmation of such amended plan on the next available confirmation calendar without further notice to creditors.
(3) Objections. At or before the 11 U.S.C. § 341 meeting of creditors, a creditor objecting to confirmation shall file with the Court and serve upon the debtor, the debtor's counsel, and the trustee a written objection to confirmation stating the basis for the objection. Objections to amended plans shall be filed and served within 15 days of service of the amended plan. Objections to confirmation need not be considered by the Court unless service has been made in accordance with this rule. Once timely filed, an objection to a plan will be considered an objection to all subsequent versions and amendments until the objection is withdrawn or the objecting party fails to appear at a hearing on confirmation.
(4) Late Objections. Notwithstanding the previous paragraph, late objections will be considered if the objection is raised before the plan is confirmed and the objecting party shows that it acted diligently.
Cross Reference See Fed. R. Bankr. P. 3015.
3017-1. Disclosure Statement Hearing.
Unless otherwise ordered, the plan proponent shall comply with the following procedures:
(a) The plan proponent may calendar and notice the disclosure statement hearing without necessity of a Court order, notwithstanding Official Form No. 12. Notice of the hearing shall be served on the debtor, creditors, equity security holders, United States Trustee, Securities and Exchange Commission, and other parties in interest not less than 32 days prior to the hearing. The notice shall contain the information required by Official Form No. 12 and, unless the Court orders otherwise, shall state that the deadline for the filing of objections is 7 days prior to the hearing. The proposed plan and proposed disclosure statement shall be served, with the notice, only on the United States Trustee and the persons mentioned in the second sentence of Fed. R. Bankr. P. 3017(a). A certificate of service of the foregoing documents must be filed at least 3 business days prior to the hearing.
(b) At least 3 business days prior to the hearing (and any continued hearing), the plan proponent shall advise the Judge's chambers by telephone whether the proponent intends to go forward with the hearing.
(c) The plan proponent may establish that the disclosure statement meets the applicable requirements of 11 U.S.C. §§ 1125(a) and (b) by offer of proof, declaration or, if the Court so permits or requires, live testimony. In all cases, a competent witness must be present. Briefs are not required.
(d) At the conclusion of the disclosure statement hearing, the plan proponent shall be prepared to advise the Court of the amount of court time the confirmation hearing will require. If a contested confirmation hearing is anticipated, the Court will entertain requests that scheduling procedures be established concerning the filing of briefs, exchange and marking of exhibits, disclosure of witnesses, and discovery.
(e) In the event the plan proponent receives an objection to the disclosure statement, the proponent must make a good faith effort to confer with the objecting party to discuss the disclosure statement and to resolve the objection on a consensual basis.
(f) A plan proponent desiring a continuance of the hearing on a disclosure statement shall appear at the scheduled hearing to request a continuance.
(g) Upon approval of the disclosure statement, the plan proponent shall submit to the Court a proposed Order Approving Disclosure Statement and Fixing Time conforming to Official Form No. 13.
3018-1. Confirmation Hearing.
Unless otherwise ordered, the plan proponent shall comply with the following procedures:
(a) All ballots and a ballot tabulation showing the percentages of acceptances and rejections for each impaired class, in number and dollar amount, must be filed at least 3 business days prior to the confirmation hearing. The tabulation should also identify any unimpaired class(es) and state the reason that such class is unimpaired under 11 U.S.C. § 1124. A copy of the ballot tabulation should be served on the United States Trustee, counsel for the Official Creditors' Committee, or if no such committee has been appointed, the creditors included on the list filed pursuant to Federal Rule of Bankruptcy Procedure 1007(d), and any parties objecting to confirmation.
(b) A certificate of service of the plan, disclosure statement, official ballot, and Order Approving Disclosure Statement must be filed at least 3 business days prior to the confirmation hearing.
(c) Three business days prior to the hearing and any continued hearing, the plan proponent shall advise the Judge's chambers by telephone whether the proponent intends to go forward with the hearing.
(d) If the plan has been accepted by the requisite majorities and no objection to confirmation has been filed, the plan proponent may establish that the plan meets the applicable requirements of Chapter 11 by offer of proof, declaration or, if the Court so permits or requires, live testimony. In all cases, a competent witness must be present to testify, inter alia, as to the status of any post-petition trade debt, taxes or other obligations, the feasibility of the plan, and the Chapter 7 equivalency requirements. Memoranda in support of confirmation are not required but may be filed at least three (3) days prior to the confirmation hearing, with copies served on the United States Trustee, counsel for the Official Creditors' Committee, or if no such committee has been appointed, the creditors included on the list filed pursuant to Fed. R. Bankr. P. 1007(b), and any parties objecting to confirmation.
(e) The plan proponent and any party objecting to confirmation shall meet and confer prior to the confirmation hearing regarding disputed issues and the conduct of the confirmation hearing.
(f) A plan proponent desiring a continuance of the confirmation hearing shall appear at the scheduled hearing to request a continuance.
3022-1. Final Decree.
At the confirmation hearing, the proponent of the plan shall advise the Court when all post-confirmation court proceedings can be completed. The Court may set deadlines for filing reports and an application for a final decree.
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CANB DocumentsNorthern District of California