3015-2 Chapter 13 Plan and Confirmation

(a)     Mandatory Form Chapter 13 Plan.  Chapter 13 debtors must use the form Chapter 13 Plan adopted in this District. Note:  The mandatory form Chapter 13 Plan is NM LF 3015-2.

(b)     Scheduling the Confirmation Hearing.  The chapter 13 plan confirmation hearing will be scheduled by the court.

(c)     Extension of Deadline to Object to the Plan – Trustees Only.  The chapter 13 trustee and the United States trustee shall have an automatic extension of time to object to confirmation of a plan until 14 days after conclusion of the meeting of creditors.

(d)     Motions and Service of Motions in Chapter 13 Plan.  Unless the Court for good cause orders otherwise, all preconfirmation motions must be included in the plan and all preconfirmation amended plans and not filed separately. The debtor must comply with the service requirements of BR 7004 and file a certificate of service specifying the method of service with respect to all motions in the plan and preconfirmation amended plans to which BR 9014 applies (e.g., a motion to avoid a judicial lien or to value collateral).

(e)     Notice of Objection Deadline and Confirmation Hearing.  If both a plan and a confirmation hearing notice are filed with the petition in accordance with the clerk’s case opening instructions, the clerk will include a copy of the plan and notice with the notice of the bankruptcy filing.  In all other cases, the debtor shall serve on all creditors and other parties in interest a copy of the plan and the notice of objection deadline and confirmation hearing, and shall file a certificate of service within three days thereafter.  Note: NM LF 3015-2(e)A and NM LF 3015-2(e)B were created by the clerk for compliance with this rule.

(f)    Requirements for Confirmation.  The debtor shall appear in person at any final hearing on plan confirmation, absent exigent circumstances or court approval.  The debtor’s failure to attend the final confirmation hearing may be grounds to dismiss the case.

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