Select your location to enter site. News and information from UPS, track your shipment, create a new shipment or schedule a pickup, caluclate time and costs or find a. 3015.42 Proceeds from sale of real property and from sale of equipment and supplies acquired for use. 3015.43 Royalties and other income earned from a copyrighted work. 3015.44 Royalties or equivalent income earned from patents or from inventions. 3015.45;Other program income. 3015.46 Interest earned on advances of grant funds.
(a) Definitions. For purposes of this Rule, the following terms are defined as follows:
(1) “Confirmation Hearing” means the date scheduled for an initial hearing on a chapter 13 debtor’s plan of reorganization.
(2) “Confirmation Status Report” means a completed L.B.F. 3015-1.4, in which the debtor, among other things, summarizes the outstanding plan objections and whether the debtor will amend the plan, seek judicial determination, or both.
(3) “Meeting Date” means the date originally scheduled for the meeting of creditors pursuant to 11 U.S.C. § 341.
(4) “Notice” means a completed Notice of Filing of Chapter 13 Plan, Deadline for Filing Objections Thereto, and Hearing on Confirmation, substantially in the form of L.B.F. 3015-1.2.
(5) “Verification” means a completed Verification of Confirmable Plan substantially in the form of L.B.F. Deep freeze 7 2020. 3015-1.3.
(b) Filing and Notice of the Chapter 13 Plan.
(1) The debtor must file a chapter 13 plan in substantial conformity with L.B.F. 3015-1.1.
(2) The debtor’s failure to file the plan within 14 days from the petition date or date of conversion to chapter 13 may result in the dismissal of the case pursuant to 11 U.S.C. § 1307(c)(3) and Fed. R. Bankr. P. 3015(b).
(3) The debtor must give notice of the plan and transmit it to the chapter 13 trustee, United States Trustee, and all parties listed on the Creditor Address Mailing Matrix. If the debtor files the plan on the petition date, the Court will transmit the plan and the Notice of Meeting of Creditors to these parties. If the debtor does not file the plan on the petition date, then the debtor will be responsible for transmitting to these parties both the plan and a Notice.
(4) If the chapter 13 plan will directly impact the legal rights of particular creditors, such as modifying or terminating lien or contract rights, then the debtor must also serve those particular creditors in the manner prescribed in Fed. R. Bankr. P. 7004.
(5) No later than three days following the debtor’s notice or notice and service of the plan or any amended plan, the debtor must file a completed certificate of service. https://lastcasino-imaag-betsafe-casino-review.peatix.com.
(c) Filing Objections to the Chapter 13 Plan.
(1) Objections to the plan must be filed no later than seven days after the Meeting Date.
(2) Objections must be served on the chapter 13 trustee, the debtor, and debtor’s attorney.
(3) Objections must clearly specify the grounds upon which they are based, including the citation of supporting legal authority, if any. The Court will not consider general objections and may strike any noncompliant objections.
(4) Any attempt to file a late objection must be accompanied by a motion requesting leave to file out-of-time. The Court may strike any noncompliant objection, without further notice or hearing. Any party filing a motion for leave must include the proposed objection as an exhibit.
(5) Any creditor filing an objection based on its assertion that the plan has incorrectly listed the amount of its claim or arrearages owed must provide a detailed and clear payment history, with a breakdown showing the components of its claim, such as principal, interest, fees, and costs. This requirement will not apply if the objecting creditor has filed its proof of claim prior to filing its objection.
(6) Any party filing an objection based on the debtor’s expenses or Current Monthly Income calculations must specify each expense item or calculation to which the objection is raised and the basis for the objection.
(7) Any party filing an objection based on the debtor’s request for valuation of collateral and determination of secured status under 11 U.S.C. § 506 must comply with L.B.R. 3012-1 and provide the amount and basis of the alternative value proposed.
(8) Unless otherwise ordered, objections to a prior plan are deemed withdrawn and new objections must be timely filed as to any subsequent plan. However, objections to a debtor’s motion for valuation of real property under 11 U.S.C. § 506 and L.B.R. 3012-1 will be deemed continued until the objection is withdrawn, resolved, granted, or denied.
(d) If No Plan Objections Are Filed.
(1) No Amendment to the Plan.
(A) If no objections are filed, no amendments are necessary, and the debtor is able to verify all of the statements required in a Verification, then the debtor must file a Verification in order to obtain a confirmation order.
(B) The Verification must be filed no earlier than ten days after the Meeting Date and no later than seven days prior to the Confirmation Hearing.
(C) A copy of the Verification must be served on the chapter 13 trustee and any parties requesting notice.
(D) Upon filing of the Verification, the Court may confirm the plan without requiring any parties to appear at the Confirmation Hearing.
(2) Amendments to the Plan Prior to the Confirmation Hearing When No Plan Objections Are Filed.
(A) If no objections are filed but an amendment to the plan is necessary, the debtor must file the amended plan, with all changes clearly and conspicuously indicated, along with a completed Confirmation Status Report, no earlier than ten days after the Meeting Date and no later than seven days prior to the Confirmation Hearing.
(B) The debtor must serve a copy of the amended plan and Confirmation Status Report on the chapter 13 trustee and any parties requesting notice.
(C) After filing of a Confirmation Status Report, the Court will order what further notice, if any, is required either at the Confirmation Hearing or by separate written order.
(e) If Plan Objections Are Filed.
(1) Obligation to Meet and Confer. In an effort to resolve or narrow the issues in dispute, the debtor and each objecting party must Meet and Confer, as defined in L.B.R. 9001-1, no later than ten days prior to the Confirmation Hearing. The parties’ failure to Meet and Confer may result in the Court striking the objection, denying confirmation, and/or taking other appropriate actions.
(2) Plan Objections Resolved.
(A) If the objections to the plan have been formally withdrawn, the plan is otherwise ready for confirmation, and the debtor is able to verify all of the statements required in a Verification, then the debtor must file a Verification in order to obtain a confirmation order.
(B) The debtor must serve the Verification on the chapter 13 trustee, any parties who objected to the most recently noticed plan, and any parties requesting notice.
(3) Amendments to the Plan Prior to Confirmation Hearing to Address Plan Objections.
(A) If there are objections to the plan and the debtor is filing, or intends to file, an amended plan to resolve some or all of the objections, the debtor must file a Confirmation Status Report so indicating no later than seven days prior to the Confirmation Hearing. The Debtor must also file the amended plan, with all changes clearly and conspicuously indicated, either seven days prior to the Confirmation Hearing or on the date indicated in the Confirmation Status Report.
(B) The debtor must serve a copy of the amended plan and Confirmation Status Report on the chapter 13 trustee, any parties who objected to the most recently noticed plan, and any parties requesting notice.
(C) After the filing of a Confirmation Status Report, the Court will order what further notice, if any, is required either at the Confirmation Hearing or by separate written order. It may also vacate the scheduled Confirmation Hearing.
Smultron 10 1 – easy to use powerful text editors. (D) If the objecting parties represent to the Court at the Confirmation Hearing or by written withdrawal of their objections that they do not object to the amended plan, then the debtor must file a Verification in order to obtain a confirmation order.
(4) Plan Objections Remain Outstanding and Require Court Resolution.
(A) If there are remaining objections to the plan and the debtor is not filing an amended plan to resolve them, then the debtor must file a Confirmation Status Report no later than seven days prior to the Confirmation Hearing.
(B) The debtor must serve a copy of the Confirmation Status Report on the chapter 13 trustee, any parties who objected to the most recently noticed plan, and any parties requesting notice.
(C) After the filing of a Confirmation Status Report, the Court may order what further notice, if any, is required either at the Confirmation Hearing or by separate written order.
(f) Hearings. The debtor and objecting parties must appear or be represented at all Confirmation Hearings, unless otherwise ordered by the Court. Reaching an informal stipulation to resolve objections with opposing counsel does not relieve a party or attorney from the duty to appear. Unless otherwise ordered by the Court, objecting parties may appear by telephone. If all of the documents that debtor is required to file are timely filed, then debtor or debtor’s attorney may appear by telephone. If one or more of the required documents are not timely filed by the debtor, then the debtor or debtor’s attorney must appear in person.
(g) Service of Amended Plan after the Confirmation Hearing. The Court will direct what procedures apply to plan amendments at or after the Confirmation Hearing, including utilizing the procedures set forth in L.B.R. 2002-1 and 9013-1. If directed by the Court, the debtor must file and transmit the amended plan and a Notice to the chapter 13 trustee, any adversely affected creditors, any parties who objected to the most recently noticed plan, and any parties requesting notice.
(h) Modification of a Confirmed Chapter 13 Plan.
(1) Proposed Modified Plan. The debtor, the chapter 13 trustee, or a holder of an allowed unsecured claim may request modification of a confirmed chapter 13 plan by motion in accordance with 11 U.S.C. § 1329. The motion must state the date of confirmation of the existing plan, the reason for the modification, and the specific modifications proposed, including the effect upon distribution to each creditor class should the modification be approved. If the debtor is the party seeking modification, the debtor must also file a proposed modified plan, with all changes clearly and conspicuously indicated.
(2) Notice. Notice of the proposed modified plan is governed by Fed. R. Bankr. P. 3015(g) and L.B.R. 2002-1 and 9013-1. If modification is proposed after the expiration of the period for the filing of claims, notice may be limited to the chapter 13 trustee, any party whose interest is affected by the modification, and those creditors who have filed proofs of claim.
(i) Continued Meeting of Creditors.
(1) Consistent with L.B.R. 2003-1, a debtor’s request for a continuance of the Meeting Date must be in writing and served on the chapter 13 trustee no later than seven days prior to the Meeting Date. A request for a continuance of the Meeting Date is not filed with the Court.
(2) In the event that the Meeting Date is continued to a date prior to the original Confirmation Hearing, the Confirmation Hearing will remain as scheduled.
(3) In the event that the Meeting Date is continued to a date after the original Confirmation Hearing, then the debtor must file a motion to continue the Confirmation Hearing or appear at the originally scheduled Confirmation Hearing to request new deadlines from the Court.
(4) Within three days of the entry of an order granting a motion to continue the Confirmation Hearing, the requesting party must file and serve a Notice of Continued Dates for Meeting of Creditors and Hearing on Confirmation of Plan in substantial conformity with L.B.F. 3015-1.5 on all parties in interest with a certificate of service.
(j) Obtaining a Chapter 13 Discharge.
(1) In order to obtain a discharge, the debtor must file L.B.F. 3015-1.6, Chapter 13 Debtor’s Certification to Obtain Discharge as soon as practicable after the debtor has completed all of the debtor’s obligations under the plan. In a joint case, each debtor must file a separate Certification.
(2) The debtor must transmit a copy of the Certification to the chapter 13 trustee, the United States Trustee, all parties who have requested notice, and secured creditors.
A. Form. Chapter 13 plans shall be in the form set forth in Appendix'D.' Chapter 13 plans and amended plans are governed by Neb. R. Bank. P. 9013-1 and are treated as a “Motion” under that Rule.
B. Notice in Chapter 13.
1. Upon the filing of a Chapter 13 petition, the Clerk shall schedule a first meeting of creditors, as authorized by 11 U.S.C. § 341, and shall provide notice of the date and time of such meeting to the Chapter 13 trustee, the debtor, counsel for the debtor, and all parties listed on the Matrix filed with the petition. The notice shall provide that if a Chapter 13 plan is filed with the petition, counsel for the debtor shall serve the plan with a resistance date of 14 days after the conclusion of the meeting of creditors.
2. Counsel will not have the exact date of the meeting of creditors when the petition and plan are filed. Therefore, the notice may state: “Any resistance to the plan must be filed no later than 14 days after the conclusion of the meeting of creditors.”
3. If the plan is not filed with the petition, it shall be filed and served with an appropriate resistance date. No resistance date required under Nebr. R. Bankr. P. 9013-1 shall be set for a date earlier than 14 days after the conclusion of the meeting of creditors.
C. Pre-confirmation Adequate Protection and Lease Payments.
1. The Chapter 13 plan shall provide that pre-confirmation adequate protection and lease payments made pursuant to § 1326(a)(1) are to be paid in the plan and through the Chapter 13 trustee. The plan shall list the creditor’s name, address, last four digits of the account number, payment due date, and payment amount for each creditor receiving § 1326(a)(1) pre-confirmation adequate protection or lease payments. The debtor must immediately commence plan payments to the trustee for the amounts necessary to pay these pre-confirmation payments plus statutory trustee’s fees. The debtor shall not reduce plan payments to the trustee under § 1326(a)(1)(B) and (C) without an order of the Court. A creditor may file a motion requesting a change in the amount of the § 1326(a)(1) pre-confirmation payments pursuant to § 1326(a)(3). Until the creditor’s motion is resolved, the Chapter 13 trustee shall continue to make the payments proposed to such creditor as set forth in the plan.
2. The Chapter 13 trustee is authorized to pay pre-confirmation payments made pursuant to § 1326(a)(1) and set forth in the proposed plan without entry of an order of the Court. No payments shall be made to a creditor until a proof of claim is filed. Pre-confirmation payments shall be made to the creditors within 30 days of the filing of the proof of claim unless sufficient funds have not been paid by the debtor to the trustee in order to make such payments within seven working days prior to the end of such 30-day period. The Chapter 13 trustee is authorized to deduct from an allowed claim, as of the date of payment, each pre-confirmation payment made by the trustee pursuant to § 1326(a)(1).
3. If a creditor obtains an order for payments under § 1326(a)(3) and the case is dismissed prior to confirmation, the creditor shall receive from the trustee any payments due and owing upon dismissal of the case from funds collected by the trustee under § 1326(a)(1)(A) less statutory trustee fees and allowed § 503(b) claims including the debtor’s attorney fees.
D. Objection to Confirmation.
1. If a timely objection to confirmation is filed, the debtor shall file with the Court a response within 14 days after the objection to confirmation deadline. All responses shall set forth specific factual and legal details and conclude with a request for relief. Any response that fails to include specific factual and legal details will not be considered.
a. If the debtor fails to file a timely response to the objection to confirmation or files a response that lacks specific factual and legal details, the Court will enter an order sustaining the objection and denying confirmation of the debtor’s plan, and the debtor will be ordered to file an amended plan within 21 days. Further, repeated failure by the debtor to file a response to plan objections may result in dismissal of the bankruptcy case for unreasonable delay that is prejudicial to creditors and/or for failure to confirm a plan.
b. Upon timely filing a proper response, debtor’s attorney shall immediately contact the objecting party and attempt to resolve the objection.
c. If the objection to confirmation is settled, the parties must notify the Courtroom Department of the settlement or file a withdrawal of the objection or an amended plan prior to the expiration of the debtor’s response deadline. All confirmation orders submitted shall be in conformity with Appendix 'E.' No confirmation order shall be entered before the meeting of creditors has been concluded.
d. If the debtor’s attorney and the objecting party are unable to resolve the objection despite all good faith efforts, any party may file a Certification and Request for Confirmation Trial in the form of Appendix 'O.' THE COURT WILL NOT SET A CONFIRMATION TRIAL UNTIL THE CERTIFICATION AND REQUEST IS FILED. If a proper certification and request is filed, the Court will set a confirmation trial date at which all parties and their attorneys and witnesses shall appear and live testimony shall be presented. The only issues to be addressed at trial shall be those specifically set forth in the plan objection(s) and debtor’s response.
e. If a Certification and Request for Confirmation Trial is not filed within 70 days after the deadline for filing a response to a plan objection, confirmation will be denied and the Court may consider dismissing the case for failure to confirm a plan without further notice or hearing.
2. In a Chapter 13 case, the debtor must file the Certification by Debtor in Support of Confirmation Appendix 'H' with the Court at least seven days prior to the expiration of the Objection to Confirmation deadline. A certification must be filed prior to confirmation of all original plans, all amended plans, and all post-confirmation amended plans. If the certification is not filed with the Court, the confirmation or approval may be denied. The certification should not be filed before the applicable plan is filed.
3. If no timely objections to confirmation are filed, the Clerk shall enter a text-only order confirming the plan. If counsel for the debtor, after consultation with the trustee or a creditor, desires specific order language agreed to by the parties, counsel shall submit such an order. All confirmation orders submitted shall be in conformity with the Local Rules.
E. Extension of Time to File Plan. If an extension of time to file a plan is granted and the plan is not filed and noticed at least 14 days prior to the first date set for the meeting of creditors, the Chapter 13 trustee will continue the meeting of creditors. Notice of the rescheduled meeting of creditors shall be sent by counsel for the debtor to all creditors and parties requesting notice and a certificate of service shall be filed with the Court. If the plan is not filed at least 14 days prior to the second date set for the meeting of creditors, the Chapter 13 trustee, with authorization from the United States Trustee, will file a Notification of Debtor’s Failure to Comply and the case will be dismissed without further notice or hearing.
F. Tax Returns. A debtor operating under a confirmed plan must file post-petition tax returns, both state and federal, and pay post-petition taxes, both state and federal, on a timely basis. The debtor shall comply with all requirements of Title 26 of the United States Code or applicable state tax code. Failure to file post-petition federal or state tax returns or failure to timely pay post-petition federal or state tax liabilities in the manner prescribed by Title 26 or applicable state law, absent a showing of good cause, may be considered a material default of a confirmed plan. All post-petition federal and state tax returns and all post-petition federal and state tax liabilities are included in this paragraph, including returns or liabilities for which the debtor is a responsible party under 26 U.S.C. Cad on macbook pro. § 6672 or similar state laws.
G. Employer Deduction. To enhance the likelihood that a debtor will successfully complete a plan, each plan shall provide for an employer wage deduction and transmission to the Chapter 13 trustee unless the debtor, through counsel, files a detailed motion concerning the reason the debtor does not desire an employer deduction. Such motion shall be served upon the trustee with an appropriate resistance date required by Neb. R. Bankr. P. 9013-1. If the trustee does not object, the motion will be granted by a text-only order in the electronic docketing system. If the trustee objects, a hearing shall be scheduled.
H. Employment of Attorney for the Debtor. No application for appointment as attorney for a Chapter 13 debtor is required.
I. Discharge. Within 14 days after the trustee files the “Certificate of Final Payment,” the debtor must file with the Court the Chapter 13 Debtor’s Certifications Regarding Domestic Support Obligations and Section 522(q) Appendix 'M' or the case may be closed without a discharge. In such an event, a Motion to Reopen (with payment of the full filing fee) shall be required to permit filing of the certificate and entry of the discharge.
J. Amendments to Plans. Prior to confirmation, a proposed Chapter 13 plan shall be deemed superseded by a subsequently-filed amended plan. Except as provided in subparagraph K, all amended plans, whether pre-confirmation or post-confirmation, must be served on all creditors and parties in interest with an appropriate resistance date pursuant to Neb. R. Bankr. P. 9013-1. No resistance date required under Neb. R. Bankr. P. 9013-1 shall be set for a date earlier than 14 days after the conclusion of the meeting of creditors. If an amended plan is filed while there are objections pending to a previously-filed plan, whether or not a hearing has been scheduled, counsel for the debtor is required to notify those parties that have filed objections that an amended plan has been filed and that no further action will be taken on the previously-filed plan. Interested parties may enter into stipulations or agreements pertaining to plan objections, however, the Court will not take any action in response to the filing of such stipulations or agreements. Any agreements or stipulations resolving plan objections constitute modifications to the plan and must be incorporated into an amended plan with notice and opportunity to object provided to all creditors and parties in interest as required by Fed. R. Bankr. P. 2002.
K. Limited Motion to Modify a Chapter 13 Plan After Confirmation.
1. After confirmation, the debtor may elect to utilize the Limited Motion to Modify Appendix 'P' for the purpose of curing plan payment delinquencies, abating future payments, or increasing payments and/or the base amount of the plan. The Limited Motion to Modify is available as an alternative to filing a full amended plan in the form required by Appendix 'D.' The Limited Motion to Modify may NOT be used to REDUCE (a) plan payments permanently; (b) the base amount of the plan or; (c) the term of the plan (Applicable Commitment Period). Any change to the treatment of a creditor must be provided for in a full amended plan as set forth in Appendix 'D.'
2. The Limited Motion to Modify shall be governed by Neb. R. Bankr. P. 9013-1. If no objection to the Limited Motion to Modify is filed, the Court will approve the motion. If an objection is filed, the debtor must file a response within 14 days after the objection deadline. If no response is filed by the debtor, the Court will deny the motion. If a response is filed by the debtor, the objection to the Limited Motion to Modify shall proceed in the manner set forth in Neb. R. Bankr. P. 3015-2(E) .
3. When the Limited Motion is filed, the debtor’s attorney must calculate the remaining months available for plan payments within the maximum plan term of 60 months from the date of confirmation. This calculation can be made as follows:
Month of confirmation plus 60 months = plan completion month.
Plan completion month minus month in which regular plan payments will resume = remaining available months.
After calculating the “remaining available months,” the total dollar amount needed to complete the plan should be divided by the remaining available months to determine whether an increase in the monthly payment is necessary. The base amount of the plan is the TOTAL of all payments required to be made under the plan. When the payment is increased, it may be necessary to increase the base amount of the plan. Upon request, the trustee’s office will supply the exact amount of money previously paid by the debtor so as to allow correct calculation of the new base amount.
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