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Ch. 13: Objection To App 4 Discharge
I am probably overthinking this, but this type of thing annoys the
heck out of me.
I represent a debtor in a Chapter 13 case that has a completed
plan. As required, the Certification of Compliance and App. For
Discharge was filed with the court, and a notice of opportunity to
object was served on all creditors by the court.
An objection and request for hearing was filed (actually, two
separate objections were filed by the same in pro per). I now have
to set a hearing and send out notice.
My question is: What goes in the Notice? What time frames for
objections/replies, etc?
Here are my concerns:
1. There is nothing in our local rules which addresses this. This
is not a 9013-1 Motion. It is an Application filed under the
Chapter 13 LBRs. So technically the opposition and request for
hearing was the opposition, and whatever I file in response to that
should technically be a Reply. Right? Therefore, there should be
no further briefing allowed on this, and I should be able to set it
for hearing without much notice at all (7 days perhaps). Or is what
I file to the opposition the actual opposition, and the creditor
should be able to file a Reply? Or, is what I file going to be the
actual "motion", to which the creditor can file yet another
opposition, and to which I can file a Reply?
2. There is a mandatory court form for Notice of Hearings which has
language about filing a response within 14 days prior to the
hearing, serving Movant's Counsel, etc. etc. It doesn't apply. So
must that be modified?
I really don't want this creditor to be able to file yet another
convoluted opposition to which I have to respond.
Anyone see anything in the LBRs which explains this? I suppose I
can use the LBR 9013-1(o)(4) procedure, but that does not really apply.
*************************
Mark J. Markus
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