Monthly Archives: July 2010

NOTICE TO THE BAR

EFFECTIVE WITH CONFIRMATIONS SCHEDULED 7/1/10 AND THEREAFTER, THE FOLLOWING RULES WILL BE ENFORCED.

The Chapter 13 Trustee is authorized to consider and grant, at his discretion, reasonable requests for adjournments of Confirmation in accordance with the Chapter 13 Trustee’s adjournment policy. See Adjournment Request Forms on the Chapter 13 Trustee’s website. (www.russotrustee.com)

For any adjournment request made after two prior adjournments have been granted, the request must be made to the Judge on the scheduled Confirmation date. The Judge will rule on the adjournment request after hearing the arguments for the adjournment request and any objections thereto.

The filing of a Modified Plan does not automatically adjourn the existing Confirmation hearing, notwithstanding any entry to the contrary on the Docket. The filing of a Modified Plan may or may not constitute sufficient grounds for a request for an adjournment by either the granting of the adjournment request in accordance with the Trustee’s guidelines or, if such request is not within the Trustee’s guidelines, upon the Court granting or denying the adjournment request upon hearing arguments and objection thereto.

Unless the Confirmation is adjourned by the Trustee, the Court will hear arguments in support of the original plan on the scheduled Confirmation date, consider the reasons for filing the Modified Plan, if any, and any objections thereto. The Court will either adjourn the hearing date, confirm the plan, dismiss the case, or take any other action on the original plan deemed appropriate.