CHAPTER 11 FINAL DECREE IN NON-INDIVIDUAL CASES.

Unless otherwise provided in the confirmed plan or by court order, or unless there are pending contested matters or adversary proceedings, a non-individual chapter 11 case is deemed fully administered one hundred eighty (180) days after plan confirmation, and the clerk may then enter a final decree without further notice. LR 3022.1 CHAPTER 11 INDIVIDUAL DISCHARGES. (a) Upon completion of all plan payments required of an individual debtor under a confirmed chapter 11 plan, the individual debtor(s) must file the local form “Debtor’s Certificate of Compliance with Conditions Related to Entry of Chapter 11 Individual Discharge.” (b) The debtor must file and serve a motion for entry of discharge on all creditors. The “Debtor’s Certificate of Compliance with Conditions Related to Entry of Chapter 11 Individual Discharge” must be served on all creditors and filed as a separate document from the motion for entry of discharge.

(c) Upon entry of a discharge order on behalf of an individual debtor, and in the absence of any unresolved administrative issue, a final decree closing the case will be entered by the clerk. (d) If the debtor proposes to close the case before plan payments have been completed, and intends to reopen the case after plan completion to obtain a discharge, the debtor must file a motion to close the case and include in that motion a statement of the debtor’s intent to reopen. Upon the filing of a motion to reopen, the debtor must pay any fees due for reopening the case. The debtor must also file the “Debtor’s Certificate of Compliance with Conditions Related to Entry of Chapter 11 Individual Discharge.” LR 3022.2.

INDIVIDUAL SUBCHAPTER V OF CHAPTER 11 DISCHARGES.

(a) An individual debtor under subchapter V of chapter 11 seeking entry of discharge must complete and file the local certificate of compliance form, and serve a copy of the certificate of compliance on all creditors. (b) If the debtor fails to file the certificate of compliance, the case may be closed without entry of a discharge. (c) Upon entry of a discharge, and in the absence of any unresolved administrative issues, a final decree closing the case will be entered by the clerk. 27 | P a g e U.S. Bankruptcy Court District of Nevada LR 4001.

COLLATERAL OR OTHER RELIEF; AND EMERGENCY ORDERS.

RELIEF FROM THE AUTOMATIC STAY; USE OF CASH (a) Motions for relief from automatic stay. (1) Section 362 information sheet. office and on the court’s website. (A) A form of § 362 information sheet is available from the clerk’s (B) All motions for relief from the automatic stay and any opposition must have attached as a cover sheet a properly filled out § 362 information sheet, which must be signed by the attorney (or unrepresented individual) filing the motion and the information sheet. (C) Unless the court orders otherwise, a properly completed § 362 information sheet will satisfy the requirements for a statement of facts and legal memorandum in cases under chapters 7 and 13.

(2) Parties in interest are directed to communicate in good faith regarding resolution of the motion before filing a motion for relief from stay including, as appropriate, communication with any trustee appointed in the case. Such attempts to resolve the dispute must be made in a reasonable time frame prior to, but in any case no less than three (3) business days (if debtor is represented by an attorney) or five (5) business days (if debtor(s) are representing themselves), before the motion is filed. Movant must provide evidence of their attempt to resolve the matter with more than conclusory declarations, which must be filed with the motion. The court may refuse to entertain a motion or opposition if the parties do not comply with this rule.

The court may award, deny, or adjust the fees of an attorney for noncompliance. Compliance with this subsection is not required for motions for relief from stay relating to property identified by the debtor as being surrendered in the schedules, statements, or the proposed plan of reorganization. (3) When, in accordance with a prior court order, an ex parte order is submitted regarding relief from stay, the order must be accompanied by evidence (which may be in the form of a declaration or affidavit, or citation to papers already filed with the court in that case) establishing each of the following: parte relief; (A) The identification of the prior order of the court authorizing the ex (B) The facts and circumstances of default under the prior order; (C) The method of service of notice of default; (D) The time period for cure; and (E) The failure to cure within that time. 28 | P a g e U.S. Bankruptcy Court District of Nevada (b) Applications for use of cash collateral or postpetition financing.

(1) The court and its individual judges may provide guidelines for applications seeking to approve the use of cash collateral and/or postpetition financing. The guidelines will be posted on the court’s website. (2) Motions for using cash collateral or obtaining credit to be heard on less than twenty-one (21) days’ notice must: (A) Be accompanied by separately filed affidavits or declarations setting forth the nature and extent of the immediate and irreparable harm that will result if the request is not granted, and (B) Conform with the requirements to obtain an order shortening time under LR 9006. (c) Agreements.

(1) In chapter 7 and chapter 13 cases, the court may approve an agreement or stipulation under Fed. R. Bankr. P. 4001(d) without a hearing if the agreement or stipulation is signed by the debtor, the creditor, and the trustee. The signature of the trustee is not required where the subject of the motion is property that has been claimed as exempt, the objection period under Fed. R. Bankr. P. 4003(b) has expired, and no timely objection has been filed. (2) As to all other agreements or stipulations under Fed. R. Bankr. P. 4001(d), upon the filing of a declaration attesting that no objections have been timely filed within fourteen (14) days of the filing and service of the agreement or stipulation and notice thereof, the court may enter an order approving the agreement or stipulation. Nothing contained herein precludes the court from sua sponte setting a hearing with regard to such an agreement or stipulation.

(3) Every agreement or stipulation must begin with the concise statement as described in Fed. R. Bankr. P. 4001(d)(1)(B) and include each provision of the type listed in Fed. R. Bankr. P. 4001(c)(1)(B). (d) Procedures for receiving rent deposits. If a debtor claims an exception to the limitation of the automatic stay under 11 U.S.C. § 362(l), the debtor must submit with the petition (i) a certified check or money order payable to the lessor and a certificate of intent to cure default to the clerk of court; and (ii) a copy of the judgment entitling the creditor to possession of the leased premises with the petition. Upon receipt of the certified check or money order, the certificate of intent to cure default, and a copy of the judgment, the clerk must transmit the certified check or money order to the lessor by certified mail to the address listed in the petition.

(e) this subsection. Except as otherwise set forth above, LR 9014 applies to motions contemplated by 29 | P a g e U.S. Bankruptcy Court District of Nevada LR 4002.

PLAN.

DUTIES OF CHAPTER 13 DEBTORS BEFORE COMPLETING THEIR (a) Transfers of property and new debt. Debtors are prohibited from transferring, selling, or otherwise disposing of any nonexempt personal property with a value of $1,000 or more or nonexempt real property with a value of $5,000 or more without court approval. Except as provided in 11 U.S.C. § 364 and § 1304, debtors may not incur new debt exceeding $1,000 without court approval. (b) security agreement.

Insurance. Debtors must maintain insurance as required by any law, contract, or (c) payments. Support payments. Debtors must maintain direct ongoing child or spousal support (d) Compliance with applicable nonbankruptcy law.

Chapter 13 debtors must conduct their financial and business affairs in accordance with applicable nonbankruptcy law. This duty includes, but is not limited to, filing tax returns and paying taxes. (e) Wage order. A debtor may request an order from the court directing debtor to obtain a voluntary wage deduction from his or her employer for payments to be made directly to the chapter 13 trustee.

The order will request debtor to obtain the wage deduction within fourteen (14) days of entry of the order. A request for wage order must be made by filing with the court an ex parte application and a proposed order using the court’s local form. Additionally, if a debtor becomes delinquent with chapter 13 plan payments, the chapter 13 trustee may direct the debtor in writing to obtain a wage order from the court, and debtor must request the wage order within twenty-eight (28) days of the trustee’s written directive. If the debtor fails to timely request the wage order, the chapter 13 trustee may seek appropriate relief from the court, including dismissal or conversion of the case.

LR 4002.1.

FRAUDULENT STATEMENTS.

In any case in which the court finds that there may be materially fraudulent statements in any document required pursuant to 11 U.S.C. § 521, the court may refer the matter for further action to the individual designated for the District of Nevada under 18 U.S.C. § 158(a).