Proposed and Revised Chapter 11 Confirmation Orders, and Proffers of Testimony

A. Orders. While Local Rule 9013(b) does not require proposed confirmation orders to be filed, draft orders are often circulated to and negotiated amount select parties. To provide notice of this process, Judge Davis expects that proposed confirmation orders should be filed, and as revisions are made, that such revisions be circulated to the Court, counsel for any official committees, the Office of the United States Trustee, and any parties having objected to the plan or in active negotiations regarding provisions of the plan.  Prior to a hearing, he would like the most recent draft to be filed on the docket, with a “redline” demonstrating whatever changes have been made since the original proposed order was filed.
B. Proffers of Testimony.  Depending on the complexity of the case, Judge Davis believes that a written proffer of the testimony in support of the elements of section 1129(a), and where needed, section 1129(b), can be helpful in expediting the hearing.  In some cases, Judge Davis may request such a proffer of the plan proponent.  If he does so, or if you decide on your own to submit a proffer, please file the proffer with the court, preferably the day before the confirmation hearing.