Paragraph (G)(1) is amended and paragraph (G)(2) is deleted so
U.S. Bankruptcy Court for the Eastern District of Virginia
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the referenced procedure is the same in all divisions of the Court. [Change effective 06/01/23.] 3015-2(C) The amendments to subparagraphs (1) and (3)(b) of this rule remove language concerning the filing of a response; and to permit the Court to either excuse a debtor from the deficiency hearing or to cancel the hearing if appropriate in the event of an untimely cured deficiency. Subparagraph (3)(a) is amended to clarify that a response period is not required for a first motion to extend time, so long as the motion otherwise 53 RULE 3016-1 CHAPTER 11 PLAN REQUIREMENTS meets the paragraph’s requirements, to align the rule with simultaneous changes to Rules 1007-1, 1007-3 and 9013-1. Finally, amendments to subparagraph 3(c) clarify that a hearing is required on a motion filed pur- suant to Rule 3015-2(C)(3) to which subparagraph (3)(a) does not apply and the responsibility of the movant to schedule and give notice of such hearing in accordance with Rule 9013-1. [Changes effective 08/01/23.] 3015-2(F) This rule is amended to clarify that the proponent of the modi- fied plan (either debtor or moving party) must select a hearing date and schedule same. A technical amendment is also made to conform to the amendments made to paragraph (H) of the rule. [Changes effective 08/01/23.] 3015-2(H) Current Rule 3015-2(H)(1) is deleted, as the reference to the Clerk providing notice of the possible dismissal of a case for failure to timely file a Chapter 13 Plan and Related Motions is duplicative of lan- guage already contained in paragraph (C)(1) of the Rule, and the directive that the Clerk provide notice of the rule in the notice of the meeting of creditors is unnecessary.
The remainder of the Rule is redesignated as (H)(1)-(4), inclusive, and is amended to clarify that the Clerk shall enter an order dismissing a chapter 13 case only where confirmation is denied at a hearing on an objection to confirmation, provided a plan has not been confirmed previously. [Change effective 08/01/23.] RULE 3016-1 CHAPTER 11 PLAN REQUIREMENTS (A) Transmission of Notice of Hearing on Disclosure Statement: The proponent seeking approval of the disclosure statement shall transmit notice of the hearing on the disclosure statement and other materials as required by FRBP 2002(b) and 3017(a). The court-approved notices, other materials and proof of service shall be filed with the Court. (B) Objections to Disclosure Statement: Objections to the disclosure statement shall be filed with the Court not later than 7 days prior to the date set for hearing on the disclosure statement. (C) Transmission and Notice to Creditors and Equity Security Holders: Upon approval of the disclosure statement, the proponent of the plan shall transmit to all required parties such notices and materials as required by FRBP 2002(b) and FRBP 3017(d) and shall file with the Court the court-approved notices, other materials transmitted and proof of service.
(D) Summary of Ballots: Any proponent of a plan in a reorganization case shall file a summary of ballots (acceptances and rejections) with the Clerk prior to the hearing on confirmation in the form approved by the Court. The ballots are not to be filed with the Clerk unless the Court so orders. (E) Objection to Confirmation: Any objection to confirmation of the plan shall be filed with the Court not later than 7 days prior to the date set for the initial hearing on confirmation. The ob- jecting party shall serve a copy of the objection on the United States trustee and the parties designated in FRBP 3020(b)(1).
54 RULE 3070-1 PAYMENTS IN CHAPTER 12 AND CHAPTER 13 CASES Comments 3016-1(E) This change clarifies that an objection to confirmation must be filed not later than five (5) business days before the initial hearing on confirmation. Absent leave of Court, an objection that is filed later than five (5) business days before the initial hearing on confirmation is not timely and shall not be considered by the Court. [Change effective 7/1/02.]