Rule 2084-10

Trustee's Recommendation / Objection

(a) Trustee Recommendation/Objection.  The trustee will file a recommendation / objection within twenty-eight (28) days after the last date set for creditor objections to a plan.
 
(b) Debtor Compliance or Dismissal.   Within thirty (30) days after the trustee files the recommendation/objection, the debtor must either comply with the trustee’s requests or file an objection and obtain a hearing date. The Court may summarily overrule any objection that fails to identify an issue or other impediment to plan confirmation. A request for additional time to respond does not constitute an objection. If the debtor does not timely comply, the trustee may file and serve a notice of intent to lodge a form of order dismissing the case, with a copy of the order attached. Ten (10) calendar days after serving the notice, the trustee may lodge an order dismissing the case without further notice or hearing.

(c) Dismissal If No Plan Payments.   If the debtor makes no plan payments by the deadline for the trustee’s recommendation/objection, the trustee may lodge an order dismissing the case rather than filing a recommendation/objection, and the Court may summarily dismiss the case. 

 


Notes 2017:  This LR does not alter the obligations or time periods set forth in LR 2084-15 concerning failure to make plan payments. Rule amended to provide that Court may summarily overrule any objection to dismissal that fails to identify an issue or other impediment to plan confirmation, incorporating former LR 2086-16.

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