CASB — General Order 176-A

Source: https://www.casb.uscourts.gov/sites/casb/files/documents/general-orders/GO176-A.pdf

UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF CALIFORNIA

In re ) ) BANKRUPTCY GENERAL ORDER AMENDMENT OF LOCAL ) BANKRUPTCY RULE 3015 ) NO. 176-A AND 7054-2 ) )

Having considered comments and suggestions made at the Chapter 13 Summit on

October 30, 2010, the Court implements these local rule changes to better serve the public and bar in the administration of chapter 13 cases. These revisions clarify or change the procedures for obtaining dismissals, confirming chapter 13 plans including setting hearings for confirmation, and filing motions to value property subject to liens under chapter 13 plans. There are also some additional language changes affecting the administration of chapter 13 cases. These rules are generally applicable to chapter 12 cases.

The Local Bankruptcy Rules are modified as indicated below:

RULE 3015. CHAPTER 12 AND 13 PLANS; EXTENSIONS; MODIFICATION OF OR OBJECTIONS TO CONFIRMATION OF CHAPTER 13 PLANS

3015-1. APPLICABILITY OF RULE.

This rule governs the granting of extensions of time for

filing the chapter 13 plan and for filing objections to confirmation of the plan. This rule governs the procedures for the chapter 13 chapters 12 and 13 plan confirmation processes.

3015-2. DISMISSAL BY CHAPTER 12 OR 13 TRUSTEE.

(a) A motion by the chapter 12 or 13 trustee for dismissal

based upon the failure of the debtor to file the plan required by Fed. R. Bankr. P. 3015 shall must be noticed in accordance with Fed. R. Bankr. P. 2002 and Local Bankruptcy Rule 2002-2(a). These requirements are satisfied by including the notice of intended action within the § 341(a) meeting notice.

(b) A motion by the chapter 12 or 13 trustee to dismiss

after plan confirmation may be made on notice only to the debtor and the debtor's attorney, if any.

3015-3. EXTENSION OF TIME FOR FILING.

Service on the chapter 13 trustee of a motion for extension

of time to file a chapter 13 plan is governed by Local Bankruptcy Rule 9034-2.

3015-4. FORM OF OBJECTION TO CHAPTER 13 PLAN.

All objections to confirmation of any original or modified

chapter 13 plan, including, but not limited to, objections of the chapter 13 trustee, shall must be in writing and set forth with specificity all provisions of the Bankruptcy Code or Federal Rules of Bankruptcy Procedure relied upon in support of the objection. Local Form CSD 1172, OBJECTION TO CONFIRMATION OF CHAPTER 13 PLAN, may be used to comply with this rule.

3015-5. TIME AND MANNER FOR FILING OBJECTION OBJECTING TO CHAPTER 13 PLAN.

The objecting party must obtain a hearing date from the

chapter 13 trustee no later than the date the § 341(a) meeting is concluded. The objecting party must file the original and two (2) copies of its objection to confirmation, together with the notice of hearing required by Local Bankruptcy Rule 3015-8(b) and proof of service, with the clerk on the next court day following the date the § 341(a) meeting is concluded.

(a) TIMING. Objections to the confirmation of the plan,

together with the notice of hearing required by Local Bankruptcy Rule 3015-8(b) and proof of service are required to be filed and served no later than seven (7) days after the conclusion of the § 341(a) meeting. Untimely objections may not be considered. Any such objections must be noticed for hearing on a date that is not less than twenty-eight (28) days after filing the objection, unless the court, for good cause shown, shortens the time for notice, or the trustee and debtor waive notice so that an objection can be set on the same calendar as an existing, fully noticed, objection previously set on the court’s calendar. The objection must be served contemporaneous with the filing of the objection.

(b) NOTICE AND FORM OF OBJECTION. Objections, together with any

additional documents required to be served by Local Bankruptcy Rule 9014-2, and a notice substantially conforming to Local Forms CSD 1173, NOTICE OF HEARING ON OBJECTION TO CONFIRMATION OF CHAPTER 13 PLAN or CSD 1170, NOTICE OF MODIFIED CHAPTER 13 PLAN PRIOR TO CONFIRMATION, must be served on the debtor, the debtor’s attorney, the trustee and the United States Trustee. Hearing dates may be obtained from the calendar clerk assigned to the department handling the case.

(c) RESPONSE. Any response to the objection, together with

supporting declarations containing admissible evidence, are required to be filed and served not later than fourteen (14) days after service of the objection, if personally served. Service of a copy of the pleadings on the United States Trustee is required. If no response is timely filed to the objection, then the objecting party may request an order sustaining the objection and other relief appropriately requested in connection with the

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objection. Any reply to a response must be filed with the document required in Local Bankruptcy Rule 3015-6.

3015-6. DUTY TO MEET AND CONFER.

The plan proponent and objecting party shall must confer

promptly after the § 341(a) meeting to attempt to resolve plan objections. If objections cannot be resolved, then not later than seven (7) days before the confirmation hearing, the attorneys shall file declarations stating with specificity the nature and extent of the problem, why the court's assistance is required for its resolution, and the date on which the parties conferred. No declaration is required by a chapter 13 trustee when the basis for the objection is only a failure of the debtor to make plan payments. If a response is filed and objections remain unresolved, then no later than seven (7) days before the confirmation hearing, both parties must file a status report that states with specificity the nature and extent of any unresolved issues.

3015-7. MODIFICATION OF CHAPTER 13 PLAN.

(a) When modification of plan is required prior before to

confirmation of plan in accordance with § 1323, Local Form CSD 1170, NOTICE OF MODIFIED CHAPTER 13 PLAN PRIOR TO CONFIRMATION, may be used to comply with this rule and a copy of the modified plan shall must be attached to the notice.

(b) When modification of plan is required after after

confirmation of plan in accordance with § 1329, Local Form CSD 1149, NOTICE OF HEARING AND MOTION FOR APPROVAL OF DISCLOSURE STATEMENT, PLAN, OR MODIFIED PLAN, may be used to comply with this rule and shall must be filed with the original proposed modified plan.

(c) If an objection has been filed and a hearing date has

been set, the filing of a modified plan by a debtor before that hearing does not require the objecting party to re-file a new objection if the basis of the original objection has not changed.

(d) Any objections to a modified plan that were not stated

as part of the original objection shall be filed and served no later than fourteen (14) days following the filing of the modified plan.

3015-8. CONFIRMATION HEARING.

(a) HEARING ON CONFIRMATION OF PLAN. Unless an objection to

confirmation is timely filed in accordance with this rule, a confirmation hearing upon a chapter 13 plan will not be required.

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(b) NOTICE OF HEARING.

(1) The party objecting to the confirmation of an original chapter 13 plan or a plan modified prior to confirmation must serve its objection, together with any additional documents required to be served by Local Bankruptcy Rule 9014-2 and a notice substantially conforming to Local Forms CSD 1173, NOTICE OF HEARING ON OBJECTION TO CONFIRMATION OF CHAPTER 13 PLAN or CSD 1170, NOTICE OF MODIFIED CHAPTER 13 PLAN PRIOR TO CONFIRMATION, on the debtor, the debtor's attorney, the chapter 13 trustee and the United States Trustee.

(2) The party objecting to the confirmation of an original chapter 13 plan or plan modified prior to confirmation must serve the objection and notice not less than twenty-eight (28) days prior to the date set for the hearing, unless the court, for good cause shown, shortens the time for notice or the trustee and debtor waive notice so that an objection can be set on the same calendar as an existing, fully noticed, objection previously set on the court's calendar.

(cb) NOTIFICATION OF COURTROOM DEPUTY OF MATTERS TO BE DISMISSED. For all

matters or proceedings that have been calendared for hearing, it is the duty of the attorney for the objecting party to promptly advise the parties in interest, including the chapter 13 trustee, and the chapter 13 applicable courtroom deputy by telephone if:

(1) the objection has been settled by stipulation of the parties; or

(2) the objection is to be withdrawn; and

(3) submit for filing the proper pleading disposing of the matter within seven (7) days.

3015-9. REPLY TO OBJECTIONS.

The debtor may file a reply to an objection to confirmation

of the chapter 13 plan. Any reply must be filed and received by the objecting party and chapter 13 trustee the earlier of seven (7) days after service of the opposition or three (3) court days prior to the date of the confirmation hearing. Service may be by facsimile upon prior agreement of the parties or upon court order. Service of a copy of the pleadings on the United States Trustee is not required. No response to a reply is permitted without court order.

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3015-10 9. ORDER CONFIRMING PLAN; DUTY OF DEBTOR'S ATTORNEY.

The attorney for the debtor shall prepare and deliver to the

chapter 13 trustee at the conclusion of the § 341(a) meeting the original and one (1) copy of an order confirming the chapter 13 plan. If a hearing on objections to confirmation results in the plan being confirmed, debtor's attorney shall deliver a confirmation order with one (1) copy to the chapter 13 trustee at the conclusion of the hearing. Any other orders resulting from the hearing shall be delivered with one (1) copy to the chapter 13 trustee within seven (7) days of the conclusion of the hearing, unless otherwise ordered by the court. Within fourteen (14) days after the first date when the plan is first ready for confirmation, because the time for objection has passed or when all objections are withdrawn or resolved, the debtor shall prepare and transmit to the trustee the order confirming the plan for review and submission to the court. The trustee will then forward approval or disapproval/comments to the court along with the proposed confirmation order within fourteen (14) days of receipt.

3015-10. MOTIONS TO VALUE PROPERTY SUBJECT TO LIEN UNDER PLAN.

(a) FORMAT. A request by the debtor to value property

subject to a lien and treat it as unsecured pursuant to 11 U.S.C. §§ 506(a) and 1322 and Fed. R. Bankr. P. 3012 ("Lien Strip Motion") must be noticed as a motion in accordance with Fed. R. Bankr. P. 9014 and Local Bankruptcy Rule 9014 with use of Local Form CSD 1179, NOTICE OF HEARING AND MOTION REGARDING VALUATION OF PROPERTY SUBJECT TO LIEN. If timely opposition of a Lien Strip Motion is not filed, then the provisions of Local Bankruptcy Rule 9014-4(f) will apply and the court may deem the non-moving party to have consented to the Lien Strip Motion.

(b) SERVICE. Lien Strip Motions must be served in accordance

with Fed. R. Bankr. P. 7004 and Local Bankruptcy Rule 7004.

(c) DEADLINES.

(1) Lien Strip Motions must be filed no later than the
earlier of twenty-eight (28) days after a proof of
claim is filed by the creditor whose lien the
debtor seeks to strip, or twenty-eight (28) days
after the claims bar date. If a Lien Strip Motion
is not timely filed, the court may upon proper
motion grant an extension for good cause.
Alternatively, the failure of a debtor to timely
file a Lien Strip Motion may form the basis for a
denial of the confirmation of a plan containing a
lien strip provision, the dismissal of the
chapter 13 case based on a finding of unreasonable
delay that is detrimental to creditors, or other
similar action appropriate under the facts of the
case. A hearing for the Lien Strip Motion may be

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obtained from the courtroom deputy for the department assigned to the case that is no less than forty-two (42) days after the date the Lien Strip Motion is filed and served. Untimely Lien Strip Motions will not be given a hearing date without further order of the court.

(2) Opposition to a Lien Strip Motion will be due twenty-eight (28) days after the service of the Motion. If no opposition is timely filed, then the debtor may submit an order granting the Lien Strip Motion to the court with service on the opposing party in accordance with Local Bankruptcy Rule 3015-10(b).

7054-2. DUTY OF PREVAILING PARTY.

Unless the court directs otherwise, the prevailing party

shall will prepare and submit any judgments or orders and, if required, separate findings of fact and conclusions of law, in the manner provided in Local Bankruptcy Rule 7054-3. The pleadings shall must also comply with Local Bankruptcy Rule 9004. If the prevailing party fails to comply with this obligation within fourteen (14) days after the date of the ruling made by the court, the court may reject the proposed order.

IT IS FURTHER ORDERED that the period of comment shall be now until

FEBRUARY 18, 2011. The effective date of these rules will be MARCH 14, 2011. Any comments should be submitted to the Clerk of Court at 325 West “F” Street, San Diego, California 92101-6991. Please note on the envelope: “In re: G. O. 176 - Chapter 13.”

The effective date of this General Order is April 1, 2011.

DATED: March 14, 2011

/s/ Peter W. Bowie Out of District PETER W. BOWIE LOUISE DeCARL ADLER Chief Judge, U.S. Bankruptcy Court Judge, U.S. Bankruptcy Court

/s/ Laura S. Taylor /s/ Margaret M. Mann LAURA S. TAYLOR MARGARET M. MANN Judge, U.S. Bankruptcy Court Judge, U.S. Bankruptcy Court

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