TIME FOR OBJECTING TO CONFIRMATION IN CHAPTER 9 AND CHAPTER 11 CASES – Amended August 1, 2013
Unless the Court orders otherwise, objections to confirmation of a plan in a chapter 9 or chapter 11 case must be filed not later than seven (7) days prior to the first date set for the hearing to consider confirmation of the plan.
This rule, which is derived from Former Local Bankruptcy Rule 57, designates a fixed time for objecting to confirmation as permitted by Bankruptcy Rule 3020(b)(1). The three (3) day deadline was amended to seven (7) days in 2009 to give the Court and the parties more time to consider objections before the confirmation hearing.
Former subdivision (b) of this rule required disclosure of the circumstances surrounding the withdrawal of, or failure to prosecute, any objections to confirmation. This subdivision was abrogated in 2013 so as to leave to the Court’s discretion on a case-by-case basis whether to require disclosure, and the manner and extent of such disclosure, of the terms of any agreement between the plan proponent and the objecting party relating to the withdrawal of, or the failure to prosecute, an objection to confirmation of a plan.