3018-1. CH 11 CONFIMATION HEARING

3018-1. Chapter 11 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 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 and counsel for the Official Creditors’ Committee, or if no such committee has been appointed, the creditors included on the list filed pursuant to Bankruptcy Rule 1007(d), and any parties objecting to confirmation.

(b) A certificate of service of the plan, disclosure statement and Order Approving Disclosure Statement (unless 11 U.S. C § 1125(f) applies), and official ballot, must be filed at least 3 days prior to the confirmation hearing.

(c) At least 3 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 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 Bankruptcy Rule 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.

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