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Rule 2084-10

a. Trustee's Recommendation / Objection

  1. Original Plans. For original plans, the trustee will file a recommendation/objection no later than three (3) days before the initial confirmation hearing.
  2. Amended Plans. For amended plans, the trustee will file a recommendation/objection no later than three (3) days before the initial confirmation hearing, or fourteen (14) days after the last date set for creditor objections, whichever is later.
  3. Modified Plans. For plan modifications, the trustee will file a recommendation/objection within twenty-eight (28) days after the last date set for creditor objections to the plan.

b. Debtor Compliance with Trustee’s Recommendation/Objection or Dismissal.  Within thirty (30) days after the trustee files the recommendation/objection, the debtor must either comply with the trustee’s requests or file an objection. The Court may summarily overrule any objection to the trustee’s recommendation/objection that does not identify a specific issue or other impediment to confirmation of the plan. A request for additional time to respond does not constitute an objection. If the debtor does not timely comply, the trustee may file and serve a motion to dismiss the case. If no plan has been confirmed or no plan payments have been made, the trustee’s motion to dismiss shall be heard on the date set for the confirmation hearing, or on such other date as the Court may set. If a plan has been confirmed, the trustee shall separately request a hearing on the motion to dismiss.

 


Notes 2017:  Rule amended to provide that the Court may summarily overrule any objection to dismissal that fails to identify an issue or other impediment to plan confirmation, incorporating former LR 2086-16. 

Notes 2026:  Rule amended to require the trustee’s recommendation regarding confirmation of a chapter 13 plan to be filed before the initial confirmation hearing, unless an amended plan is filed. The amendment also revises the dismissal procedures formerly set forth in subsection (c) and incorporates them into subsection (b).

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