(a) Service of Objection. Any objection to confirmation must be in writing, filed with the clerk and served on the debtor, debtor's attorney and the trustee no later than five business days before the scheduled hearing on confirmation.
(b) Appearance Required Upon Written Objection. If a written objection is served, all parties shall be present at the confirmation hearing. If the objecting creditor or creditor's counsel fails to appear at the confirmation hearing, the court may treat the objecting party's absence as a waiver of the objection. If debtor's counsel is absent, the court may deny confirmation.
(c) Objections to confirmation shall:
(1) specify the number and letter section(s) of Title 11 of the United States Code upon which the objection is grounded;
(2) allege the specific facts which support the objections to confirmation; and
(3) summarize the creditor's claims against the debtor including the alleged classification (secured, unsecured, priority or administrative) and the amount of the claim(s).
(d)
Separate Pleading Required. Objection(s) to confirmation shall be treated
as responsive pleadings only and may not be combined with any motion seeking
any affirmative relief other than denial of confirmation.
Comment
This rule is
intended to address the procedure by which objections to confirmation in
chapter 12 and 13 cases are framed for consideration by the court. Since
objections to confirmation are frequently resolved by the insertion of
special provisions in the order of confirmation, subsection (c) of this
rule facilitates the process of "settling" the terms of the confirmation
order prior to its entry by the court.