Rule 2084-9

Creditor Objection to Plan

(a) Time for Filing Creditor Objection.

(1) The deadline for a creditor to file an objection to confirmation of a plan is fourteen (14) days after the date set for the first meeting of creditors or twenty-eight (28) days after service of the plan, whichever is later.

(2) In the event of a continued meeting of creditors or reinstatement of the case, the deadline for creditor objections to the plan will be reset to fourteen (14) days after the date of the continued meeting of creditors or twenty-eight (28) days after service of the plan, whichever is later.

(3) If the case is dismissed after the meeting of creditors but before the expiration of the deadline for creditor objections, and is thereinafter reinstated, the deadline for creditor objections will be the original objection deadline or fourteen (14) days from the date of reinstatement, whichever is later. 

(b) Non-objection Is Acceptance.  The failure of a party in interest to timely file an objection to confirmation will constitute acceptance of the plan under Code § 1325 and a waiver of the requirement that the Court hold a confirmation hearing within forty-five (45) days after the date of the meeting of creditors under Code § 1324(b). Notice of the waiver of the 45-day confirmation hearing requirement and acceptance of the plan due to a creditor’s failure to timely object must be conspicuous in the notice of date to file objections served on all creditors.

(c) Valuation Objection.  A secured creditor who disagrees with the valuation of the creditor’s collateral must file an objection containing the creditor’s estimate of the value of the collateral, the method of determining the value, and the amount of claim that is secured. On request, the debtor must make the collateral available to the creditor for inspection and appraisal.

 


Notes 2017:  The time deadlines have been amended and supplant those in FRBP 3015(f).  Separate deadlines are established in the event of a continued meeting of creditors or case reinstatement and depending on whether a case is dismissed before or after a meeting of creditors is held.

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