(a) Objection to Confirmation. An objection to the confirmation of a chapter 11 plan shall be served and filed not later than five business days prior to the first date set for the hearing to consider confirmation of a plan, or by such other date as the court may fix.
(b) Withdrawal of Objection. In the event an objection to confirmation of a plan is withdrawn or abandoned, the plan shall not be confirmed unless the plan's proponent, together with counsel, state on the record or by affidavit the consideration promised or given, directly or indirectly, for the withdrawal or failure to prosecute the objection.
(c)
Motions to Confirm by "Cram-Down." If the proponent of the plan intends
to seek confirmation of the plan as to one or more classes pursuant to
11 U.S.C. 1129(b), the proponent shall file and serve upon the member or
members of such class or classes, not less than seven business days prior
to the hearing to consider confirmation, notice of its intent to seek confirmation
of the plan as to such class or classes pursuant to 11 U.S.C. 1129(b).
Such notice shall be accompanied by an affidavit setting forth the facts
and circumstances necessary to establish that the plan's treatment of such
class or classes complies with the applicable provisions of 11 U.S.C. 1129(b).
Comment
Subsection (a)
of this rule designates a fixed time for filing and service of an objection
to confirmation as permitted by FRBP 3020 (b)(1). Subsection (c) sets forth
the required procedure for requesting the court to "cram-down" a given
class which has not accepted the plan.