Paragraph (B)(4) is amended to provide that when a claimant is

U.S. Bankruptcy Court for the Eastern District of Virginia

Rule Set: Local Bankruptcy Rules of the U.S. Bankruptcy Court for the Eastern District of Virginia

Rule: 3011-1

Jurisdiction: EDVAB

Bluebook Citation: Bankr. E.D. Va. R. 3011-1

All Rules: Bankr. E.D. Va. Local Bankruptcy Rules, complete index


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represented by an attorney, the payment will be issued in the claim- ant’s name, in care of the attorney, and will be mailed to the attorney. [Change effective 12/1/15.] 3011-1(B)(1) & (3) The current form is replaced with new Official Form 420A, which includes stylistic changes. The form also is amended to change the phrase “mail” to “send” to reflect the fact that there are various methods of providing documents to other parties. [Changes effective 12/1/16.] 3011-1(B)-(K) This rule is substantially rewritten and sets forth new requirements and references forms for filing applications for payment of unclaimed funds. These requirements and forms apply both to parties without an attorney and parties who must be represented by legal counsel. Additional required payee information forms, as referenced at paragraph (I), are accessible at the Court’s internet website’s Unclaimed Funds web page. [Changes effective 10/01/2022.] 3011-1(G) The amendment to this rule places the responsibility of scheduling a hearing on an Application for Payment of Unclaimed Funds on the applicant, if an objection is filed, to align with simulta- neous changes to LBR 9013-1. [Change effective 08/01/23.] 3011-1(H) A stylistic change is made to this paragraph. [Change effec- tive 08/01/23.] 3011-1(K) This rule is amended to delete language concerning a re- quest for hearing on a Notice of Deficient Filing where there is no entitlement to same. [Change effective 08/01/23.] 3011-1(F) This rule is amended to implement a revision to Local Form 1340 edva, Application for Payment of Unclaimed Funds, to require notice being provided to the unclaimed funds Owner of Record and other previous owners of record.

Background information is set forth in Standing Order 24-2 accessible on the Court’s internet website. [Effective 01/29/24.] 46 RULE 3015-1 CHAPTER 12 PLAN REQUIREMENTS RULE 3015-1 CHAPTER 12 PLAN REQUIREMENTS (A) Time for Filing: The debtor may file a chapter 12 plan with the petition. If a plan is not filed with the petition, it shall be filed within 90 days thereafter unless the Court, pursuant to 11 U.S.C. §1221, extends the time for filing. Any motion for extension of time to file a plan shall be filed prior to the expiration of the deadline for which the debtor seeks an extension. (B) Objections: Objections to confirmation of the plan shall be filed with the Court and served on the debtor, the debtor's attorney, the trustee, and on any other entity designated by the Court, not less than 7 days prior to the scheduled confirmation hearing.

(C) Hearing: After notice as provided in paragraph (D) of this Local Bankruptcy Rule, the Court shall conduct a hearing within the time prescribed by 11 U.S.C. §1224 and rule on con- firmation of the plan. If no objection is timely filed, the Court may determine that the plan has been proposed in good faith and not by any means forbidden by law without receiving evi- dence on those issues. (D) Notice: The debtor shall send notice of the hearing on confirmation to all creditors, the chapter 12 trustee and equity security holders. The notice shall include the time fixed for filing objections to the proposed plan.

Unless the Court fixes a different period, notice of the hearing shall be given not less than 28 days before the hearing. A copy of the plan shall accompany the notice. Forthwith upon the giving of such notice, the debtor shall file proof of service with the Clerk. (E) Order of Confirmation: The debtor shall prepare a proposed Order of Confirmation which recites the Court's findings under 11 U.S.C. §1225.

Notice of entry thereof shall be mailed promptly by the Clerk, or some other person as the Court may direct, to the debtor, the trustee, all creditors, all equity security holders and other parties in interest. (F) Retained Power: Notwithstanding the entry of the Order of Confirmation, the Court may enter all orders necessary to administer the estate. (G) Possible Dismissal of Case; Notice: The Clerk is to monitor the filing of chapter 12 plans. If the debtor does not file a plan with the chapter 12 petition, the Clerk shall issue a notice that the debtor either must (1) file the chapter 12 plan or a motion to extend time to file a plan within 90 days after filing the chapter 12 petition; or (2) attend a hearing to explain why the case should not be dismissed, unless excused by the Court or the Court deems the deficiency cured and cancels the hearing.

(H) Notice of Dismissal Provision: The Clerk is directed to give notice of the dismissal pro- vision of this Local Bankruptcy Rule to the debtor or debtor's attorney not filing a plan with the petition. The Clerk shall also give notice of this Local Bankruptcy Rule in the meeting of creditors notice. 3015-1(G) This change is necessary because of the addition of LBR 1017- 3. [Change effective 2/1/00.] Comments

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