After the certification is filed, the Chapter 13 trustee must, within 7 business days,
U.S. Bankruptcy Court for the District of Nebraska
U.S. Bankruptcy Court for the District of Nebraska
reserve available funds for up to 60 days in anticipation the request will be approved. The trustee must continue to pay adequate protection payments, which have priority over ALC fee requests. 23 Appendix C Chapter 12 Plan Confirmation Requirements The requirements of §§ 1225(a)(4), 1225(a)(5)(B) - (C), and 1225(a)(6) - (7) are not satisfied unless a plan contains the following: 1. A statement disclosing any change in the debtor’s assets or liabilities from the date of filing of the petition through the date of filing of the plan.
2. A cash-flow projection for the year immediately following confirmation of the proposed plan, identifying the debtor’s farm and non-farm income sources. 3. Assumptions and sources on which the cash-flow projection is based, with historical or other data justifying such assumptions.
4. A projected disposable income statement for the term of the plan. 5. Farm income and expense information in a form comparable to Internal Revenue Code Schedule F forms filed by the debtor for the previous 4 years plus a statement of the debtor’s non-farm income for the tax year preceding the filing of the motion.
6. Projected administrative expenses for the plan period, including attorney fees and Chapter 12 trustee fees and expenses. 7. A plan summary indicating the specific dates, amounts, and payees for each amount to be paid under the plan in a form approved by the Chapter 12 trustee.
8. If the plan proposes the sale of assets, a statement from a qualified tax accountant or attorney setting forth the probable tax consequences thereof. 9. A statement with detailed information specifying the need for the plan payments to be made over a period longer than 3 years.
10. If the debtor proposes to retain secured property, a statement itemizing such property, the value of the property, and the basis of the valuation estimate. 11. A liquidation analysis sufficient to show compliance with 11 U.S.C. § 1225(a)(4), including a statement from a qualified tax accountant or attorney as to tax liabilities from liquidation, if any.
12. The basis of any valuation of property, including names of appraisers and dates of appraisal, if any. 13. If the debtor asserts taxes are to be treated as general unsecured claims under 11 U.S.C. § 1232, the debtor must provide the affected governmental units a copy of the debtor’s complete tax returns for the 3 years before the filing for Chapter 12 relief.
14. The debtor has paid all amounts that are required under a domestic support obligation and that first become payable after the date of the filing of the petition if the debtor is required by a judicial or administrative order, or by statute, to pay such domestic support obligation. 24 Appendix D Trustee Fees Subchapter V of Chapter 11 The advance deposit the debtor must pay the trustee in a case under Subchapter V of Chapter 11 is: Due Date Within 5 days of the Petition Date Each Month on the same day of the month as the petition date until a Subchapter V plan is confirmed or until the total amount held by the trustee is $3,000. If the advance deposit drops below $3,000 because the trustee was paid authorized compensation from the deposit, the debtor must restart payments until the advance deposit again reaches $3,000 Amount $1,000.00 $500.00 Chapter 12 The advance deposit the debtor must pay the trustee in a case under Chapter 12 is $1,000.
After a Chapter 12 plan is confirmed, the debtor must pay the trustee an advance payment for expenses under 11 U.S.C. § 326(b), for each year of the plan, equal to $600. The fee can be paid in monthly or quarterly installments or on an annual basis or as otherwise agreed with the Chapter 12 trustee. 25 Appendix E Certificate of Service Option 1: Motion Mailed to the Full Matrix I certify that on [DATE], the foregoing [NAME OF DOCUMENT] was filed with the Clerk of the Bankruptcy Court using the CM/ECF system. I further certify that on the same date, a copy of the foregoing was mailed by first-class U.S. Mail, postage prepaid, to the parties on the current court matrix, a copy of which is attached. [AND IF APPLICABLE] I further certify that on the same date, a copy of the foregoing was mailed by first-class U.S. Mail, postage prepaid, to the following parties not listed on the matrix: Name of Receiving Party Postal Address City, State, ZIP Code /s/ Signature Typewritten Name of Filer Option 2: Motion Mailed to Limited Matrix Under Local Rules 2002-1(D) and 9013-1(D) I certify that on [DATE], the foregoing [NAME OF DOCUMENT] was filed with the Clerk of the Bankruptcy Court using the CM/ECF system.
I further certify that on the same date, a copy of the foregoing was mailed by first-class U.S. Mail, postage prepaid, to the parties on the current court matrix for limited notice under Neb. R. Bankr. P. 9013-1(E), a copy of which is attached. [AND IF APPLICABLE] I further certify that on the same date, a copy of the foregoing was mailed by first-class U.S. Mail, postage prepaid, to the following parties not listed on the matrix: Name of Receiving Party Postal Address City, State, ZIP Code /s/ Signature Typewritten Name of Filer 26 Option 3: Motion not Required to be Mailed to the Full or Limited Matrix I certify that on [DATE], the foregoing [NAME OF DOCUMENT] was filed with the Clerk of the Bankruptcy Court using the CM/ECF system. I further certify that on the same date, a copy of the foregoing was mailed by first-class U.S. Mail, postage prepaid, to: Name of Receiving Party Postal Address City, State, ZIP Code /s/ Signature Typewritten Name of Filer Option 4: Motion to be Mailed to an Insured Depositary Institution Under Rule 7004(h) I certify that on [DATE], the foregoing [NAME OF DOCUMENT] was filed with the Clerk of the Bankruptcy Court using the CM/ECF system. I further certify that on the same date, a copy of the foregoing was mailed by certified U.S. Mail, first class, postage prepaid, to: Institution Name Name or Title of Officer Postal Address City, State, ZIP Code /s/ Signature Typewritten Name of Filer 27 Appendix F Matters Not Governed by Neb.
R. Bankr. P. 9013-1 The following motions, applications, and filings are not under Neb.
2. 3. 4. 5.
6. 7. 8. 9.
Application for payment of unclaimed funds under 11 U.S.C. § 347 and Fed. R. Bankr. P. 3011 Application for waiver of Chapter 7 filing fee Application to employ Application to pay filing fees in installments Chapter 11 plans (pre-confirmation) Chapter 11 small business disclosure statement and plan (pre-confirmation) Motion for 2004 exam Motion for appointment of ombudsman Motion for contempt 10. Motion for exemption from filing pay advice 11. Motion for exemption from filing tax returns 12. Motion for exemption from pre-petition credit counseling, certificate of course completion or certificate of debtor education, or filing domestic support obligation certificate in support of discharge/confirmation 13.
Motion for expedited hearing under Neb.
Motion for extension of time 15. Motion for joint administration 16. Motion for injunction under Fed. R. Bankr. P. 7065 17. Motion for leave to file a brief 18.
Motion for leave to intervene under Fed. R. Bankr. P. 2018 19. Motion for mediation under Neb.
Motion for protective order 21. Motion for reaffirmation hearing 22. Motion for refund of filing fee 23. Motion for temporary restraining order 24.
Motion objecting to discharge under 11 U.S.C. §§ 727(a)(8) or (9), or 1328(f) filed by the United States Trustee. 25. Motion to compel 26. Motion to continue hearing under Neb.
Motion to convert and/or dismiss a Chapter 11 or Chapter 12 case under 11 U.S.C. § 1112(b)(1)-(3) and 11 U.S.C. § 1208(c)(d) 28 28. Motion to defer or delay discharge filed by the debtor or the United States Trustee 29. Motion to delay case closing 30. Motion to deposit funds in court registry 31.
Motion to determine final cure mortgage payment under Fed. R. Bankr. P. 3002-1 32. Motion to determine termination or absence of stay 33. Motion to extend or impose the automatic stay under 11 U.S.C. § 362(c). 34.
Motion to incur expenses authorization regarding federal practice fund 35. Motion to limit notice or service 36. Motion to quash under Fed. R. Bankr. P. 9016 37. Motion to redact under Neb.
Motion to reopen closed case 39. Motion to revoke waiver of filing fee 40. Motion to seal document or case under Neb.
Motion to shorten time under Neb.
Motion to stay pending appeal 43. Motion to strike 44. Motion to unseal document 45. Payment applications less than $1,000.00 by professionals, including attorneys, for claims for services rendered and expenses incurred under 11 U.S.C §§ 330 and 331 46.
Request for hearing or evidentiary hearing 29 Appendix G Docketing Standards for Evidence The following standards are established to make it easier to offer evidence and to provide docket consistency. • Do NOT attach evidence to a certificate of service, exhibit list, notice of intent to offer evidence, or index of evidence. • File unique documents separately. Single documents with multiple subparts may be filed as attachments to the main document if the attachments are also described on the docket. Example: An affidavit with attached supporting documents. File the affidavit on the docket.
File the supporting documents as attachments to the affidavit and describe them (e.g. promissory note, bank statement, deed of trust, appraisal). • Do NOT re-file documents already on the docket, including proofs of claim. • Do NOT name documents or attachments “Exhibit 1” or another generic name. Use a detailed description. See docket entry examples below. • Use the following format for the docket text: Exhibit: [description of exhibit] in support of [motion or objection] (you may add additional text for clarification). If the exhibit is an affidavit or declaration, the affiant should be identified.
Example: Affidavit of [affiant] in support of [motion or objection]. • File exhibit lists, notices of intent to offer evidence, and index of evidence, after you file exhibits. Include assigned docket numbers on the list, notice, or index. Docket Entry Examples: Docket Text: Final Text EXHIBIT - Bank Statement in Support of Motion for Relief. Filed by John Smith (related document(s)[3]).
Docket Text: Final Text Affidavit of Jane Doe in Support of Objection to Motion for Relief. Filed by Patricia Fahey (related document(s)[4]). (Attachments: #(1) Exhibit Promissory Note #(2) Exhibit Deed of Trust). 30 Appendix H Notices and Orders the Clerk Will Serve The clerk’s office will serve the following notices and orders on all parties in interest unless the court orders a party to do so. • 341 meeting of creditors • Statement of presumed abuse • Notice setting resistance deadline regarding a motion to dismiss filed by the United States Trustee • Notice setting resistance deadline regarding a motion objecting to discharge under 11 U.S.C. §§ 727(a)(8) or (9), or 1328(f) • Notice case is closed without a discharge • Notice of denial, revocation, or waiver of discharge • Order confirming Plan • Order of discharge • Order dismissing case • Order on motion to reconsider dismissal of case • Order on motion to reinstate case • Order granting motion to reopen • Order vacating any of the foregoing 31
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