Confirmation Procedures


Please click the headings below to view judge specific confirmation procedures.


Judge Preston's Confirmation Procedures

Revised November 4th, 2016

The Chapter 13 Trustee, Frank M. Pees, together with Judge Preston's Chambers, has revised the confirmation procedures, effective for the December 1, 2016 confirmation docket, to expedite the hearings and to provide an alternative to the attendance required of counsel.

The prehearing status conference will begin promptly at 1:00 p.m.

For those attending by Court call, the Confirmation Hearing will begin promptly at 2:30 p.m. at which time the Judge will take the bench.

Amendments are due 10 days prior to the confirmation hearing date pursuant to L.B.R. 3015-2(a)(2). Cases can be rescheduled twice if a continuance request is received by your case administrator 10 days prior to the confirmation hearing. For cases with a pending creditor objection and for which a continuance is sought, please note in the request the fact that the creditor agrees to the continuance.

Once the Trustee and the Court have finished their review of the docket, the Court will post a notice on its website to that effect. Please check the docketing website, dockets.ch13.org, for disposition.

Disposition codes:

  • For cases where the only remaining issue is time tolling, it is not necessary for counsel to appear at the prehearing status conference or confirmation hearing. An order rescheduling the confirmation hearing will be uploaded to the Court by the Trustee, and the confirmation hearing will be rescheduled until the next confirmation docket. The new confirmation date will be reflected on the docketing website.
  • For cases coded as a “7 To be continued if objecting creditor agrees to a continuance” where the only remaining issues are a pending creditor objection and time tolling, the cases can be rescheduled upon request from Debtor's counsel if the request specifically states the objecting creditor agrees to the continuance. Requests for continuances must be received by the case administrator by noon on the Tuesday preceding the Thursday confirmation hearing in order to waive appearances at the prehearing status conference.
    • If Debtor or objecting Creditor would like a pretrial held on the creditor objection and would like to appear telephonically by Court Call*, the parties must so advise the case administrator by noon on the Tuesday preceding the Thursday confirmation hearing. If the parties fail to communicate their intention by the set deadline, the parties must appear in person at the prehearing status conference and may request a continuance, report any pending settlement or request that the Court hold a pretrial.
  • For cases coded as a "6 Trustee requests dismissal..." where Debtor's counsel does not oppose dismissal of the case, Debtor's counsel can email the case administrator approval of the dismissal by noon on the Tuesday preceding the Thursday confirmation hearing, thereby waiving the need for his/her appearance at the prehearing status conference. The case would then be coded as "Unopposed dismissal" on the docketing website, and the Trustee's office will upload the dismissal order after the confirmation hearing.
    • If Debtor would like a hearing held on the Trustee's objection and would like to appear telephonically via Court Call*, Debtor's counsel must so advise the case administrator by noon on the Tuesday preceding the Thursday confirmation hearing. Should counsel fail to communicate his/her intention by the set deadline, Debtor's counsel must appear in person at the prehearing status conference to report any pending resolution or may request a hearing at that time.
  • For cases coded as a "4" where the only remaining issue is a pending creditor objection, both Debtor's counsel and Creditor's counsel must appear at the confirmation hearing either in person or via Court Call* as the court will hold a pre-trial on the creditor's objection. If the creditor's objection is resolved, please notify the case administrator by noon on the Tuesday prior to the confirmation hearing or at the prehearing status conference so that the Court can be advised that a pre-trial is not necessary.
  • For cases coded as "0 To be heard unless the parties submit an Agreed Order setting deadlines..." where deficiencies have not been cured 10 days prior to the confirmation hearing and no continuance was granted prior to the 10 day deadline, Debtor's counsel can enter into an Agreed Order prior to the prehearing status conference. In order to do so, the terms of such Agreed Order must be agreed upon between Debtor's counsel and the Trustee by noon on the Tuesday preceding the Thursday confirmation hearing. If agreed upon, the Trustee will upload the Agreed Order and Debtor's' counsel will not be required to attend the prehearing status conference. (Please find a template of the Agreed Order at this link).
    • If there is a pending creditor objection, to obtain a continuance, the creditor must agree to a continuance and that agreement must be communicated to the Trustee by noon on the Tuesday preceding the Thursday confirmation hearing.
    • There is no requirement to enter into the Agreed Order. If Debtor does not wish to enter into the Agreed Order on a given case, please advise the case administrator by noon on the Tuesday preceding the Thursday confirmation hearing so the Trustee can advise the Court that a pretrial will be necessary. If Debtor would like a pretrial held on the Trustee's objection and would like to appear telephonically via Court Call*, Debtor's counsel must so advise the case administrator by noon on the Tuesday preceding the Thursday confirmation hearing. Should counsel fail to communicate his/her intention by the set deadline, Debtor's counsel must appear in person at the prehearing status conference and may enter into the Agreed Order or request a pretrial on the Trustee's objection at that time.
  • Cases noted with a court concern will not be called at the prehearing status conference, but will be called at the confirmation hearing. Parties must appear either in person or via Court Call* at the confirmation hearing beginning at 2:30 p.m.

COURT CALL PROCEDURES:

*If counsel would like to appear telephonically, he/she must so advise the case administrator by noon the Tuesday before the confirmation hearing. Counsel must arrange for telephonic appearance in accordance with Judge Preston's policies and procedures for same as published on the Court's website.

If counsel does not advise the case administrator that he/she would like to appear telephonically by noon the Tuesday before the confirmation hearing, then counsel must appear in person at the pre-hearing status conference if an appearance is required.

Please consult the docketing website, dockets.ch13.org, after the notice of final disposition has been posted on the Court's website, , for the final disposition of your cases.

If you have any questions, please contact your case administrator.

Judge Caldwell's Confirmation Procedures

Please check back later.