Modified 12/1/01

(a) Documents Required Seven Days Prior to Confirmation Hearing. Not less than seven (7) days prior to the hearing on confirmation, the plan proponent shall provide the following to the Court, the local office of the United States trustee, and any other party specified by the Court:

(1) A report on ballots in substantially the same form as R.I. Bankr. Form I;

(2) A proposed order of distribution in substantially the same form as R.I. Bankr. Form K.1, shall be filed with the Court and copies served on the local office of the United States trustee, any committee appointed and serving in the case under 11 U.S.C. § 1102 and on the Debtor and counsel (if not the plan proponent). Additionally, the plan proponent shall either serve a copy of the proposed order of distribution (R.I. Bankr. Form K.1), or a "Notice of Filing of Proposed Order of Distribution" in substantially the same form as R.I. Bankr. Form K.2 on all creditors, at least fourteen (14) days before the hearing on confirmation. A certificate of service evidencing compliance with this LBR shall be filed with the Clerk;

(3) A fully completed chapter 9 or 11 confirmation worksheet and certification in substantially the same form as R.I. Bankr. Form L;

(4) A certification that: the approved disclosure statement, the latest amended plan, the order approving disclosure statement, and ballots for acceptances or rejections were mailed to all creditors at least twenty-five (25) days prior to the date set for the hearing on confirmation, or the date set by the Court;

(5) A proposed order including proposed findings of fact regarding confirmation of the plan in substantially the same form as R.I. Bankr. Form M;

(6) A certification of compliance with the requirements of 11 U.S.C. § 1129, or in the alternative, evidence of such compliance at the hearing; and

(7) Any other documents necessary to plan confirmation.

(b) Proof of Deposit Due Three Days Prior to Confirmation Hearing. Proof of deposit shall be filed with the Clerk of court at least three (3) days prior to the hearing on confirmation. A copy of the bank statement showing the amount on deposit in accordance with Fed. R. Bankr. P. 3020(a) is required. The amount of the deposit must be equal to the initial distribution for all classes on the effective date of the plan. Any party waiving payment from funds on deposit must file a written waiver within the time indicated herein.

(c) Failure to timely file the documents set forth in subdivisions (a) and (b) of this LBR may result in the vacating of the hearing on confirmation, and it will be the responsibility of the plan proponent to notify all creditors and interested parties thereof.

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©1998 US Bankruptcy Court
District of Rhode Island
03 November 1998