Free UNITED STATES BANKRUPTCY COURT - New Mexico

UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW MEXICO In re

Debtor.

No.

NOTICE OF DEADLINE FOR FILING OBJECTIONS TO CONFIRMATION OF CHAPTER 13 PLAN On (date), the debtor(s) filed a plan. A copy of the plan is enclosed. If you object to confirmation of the plan, YOU MUST FILE AN OBJECTION WITHIN 25 DAYS OF THE DATE OF SERVICE OF THIS NOTICE with the Clerk of the United States Bankruptcy Court, 500 Gold Avenue SW, Room 10206, 10th Floor (87102-3118), PO Box 546, Albuquerque, NM 87103-0546, and you must serve a copy of that objection on the attorney for the debtor, whose name and address appear below, on the chapter 13 trustee, Kelley L. Skehen, 625 Silver Avenue SW, Suite 350, Albuquerque, NM 87102-3111, and on any other appropriate persons. If you are an attorney, you must electronically file your objection. Hearing on confirmation: If objections are timely filed, a (final/preliminary) hearing to consider them will be held on (day, date, time) before the Honorable (Mark B. McFeeley/James S. Starzynski), United States Bankruptcy Judge, Dennis Chavez Federal Building and United States Courthouse, 500 Gold Avenue SW, 13th floor, Albuquerque, New Mexico. If the plan is not confirmed, the court may consider dismissal or conversion of this case. [For preliminary hearings in Judge Starzynski's cases, include this language: Note: Counsel/parties may appear by telephone if a written request is received in the Court's Chambers by 5:00 pm of the business day prior to the hearing. Requests to appear by telephone may be faxed to (505) 348-2432 (this fax number may be used only for this purpose), or may be sent by e-mail only to Judge Starzynski's chambers at [email protected]. The e-mail must have a subject heading that includes the word "telephone," correctly spelled. The text of the request must contain your name, the case name, date and time of hearing, and the number at which you can be reached when we call you for the hearing. Do not send your request to the Clerk's office and do not file your request as a pleading.] If no objections are timely filed, and if counsel for the debtor (or the self-represented debtor) submits an order confirming the plan approved by the trustee, the Court may enter an order confirming the plan without a hearing.

Signature (of attorney for debtor or of self-represented debtor) Name (of attorney for debtor or of self-represented debtor) Address: Telephone:

Certificate of Service of Notice and Plan I certify that on the date noted below, a true and correct copy of this notice, together with the plan, was delivered by first class mail postage prepaid to the debtor and to all counsel, creditors, and other parties in interest as shown on the mailing list attached to the original of this notice on file in the Office of the Clerk. _______________________________________ Signature of person making certification Name Address: _______________________________ _______________________________________ _______________________________________ Telephone: _____________________________ Dated1: _______________

Notice of the deadline for filing objections to confirmation of the plan must comply with the provisions of ­ > > Fed. R. Bankr. P. 2002(b), which calls for 25 days notice by mail of the time fixed for filing objections and the hearing to consider confirmation of a chapter 13 plan; Fed. R. Bankr. P. 9006(f), which provides that when there is a requirement to act within a prescribed period after service, and that service is by mail or under Rule 5(b)(2)(C) or (D) [electronic means], three days are added after the prescribed period would otherwise expire under Rule 9006(a); and, NM LBR 3015-3, which provides that the deadline for filing objections to confirmation of the plan shall be no fewer than five business days prior to the hearing on confirmation.

1

>

Given the provisions of 11 U.S.C. section 1324(b) as follows: The hearing on confirmation of the plan may be held not earlier than 20 days and not later than 45 days after the date of the meeting of creditors under section 341(a), unless the court determines that it would be in the best interests of the creditors and the estate to hold such hearing at an earlier date and there is no objection to such earlier date, practitioners (as well as debtors filing without representation by an attorney) must take care to ensure that the plan and notice of deadline for filing objections to confirmation of the plan are mailed far enough ahead of the hearing to comply with all of these requirements. NM Form 601 - This form of notice is to be used when the chapter 13 plan is not filed simultaneously with the petition.
K:\_WEB\public\Files\forms\nmform601.wpd