Chapter 13 - General

A. Form.

A Chapter 13 plan must conform to Local Form NEB 3015-2(A).

B. Employment of Debtor’s Attorney.

The filing of the petition by an attorney constitutes an application by the attorney for employment in a Chapter 13 case, which is approved without further order unless a party in interest objects within 14 days of the filing of the petition.

C. Employer Deduction.

A Chapter 13 plan must include an employer wage deduction unless the court approves a motion establishing cause why an employer deduction should not be included.

D. Pre-confirmation Adequate Protection and Lease Payments.

Pre- confirmation adequate protection and lease payments under 11 U.S.C. § 1326(a)(1) must be paid inside the Chapter 13 plan through the trustee. For each payment, the plan must state the creditor’s name and address, the last 4 digits of the account number, payment due date, and payment amount. The debtor must immediately pay the trustee the amount necessary to pay all pre-confirmation payments plus statutory trustee’s fees. The debtor cannot reduce plan payments to the trustee under 11 U.S.C. § 1326(a)(1)(B) and (C) without a court order.

To change the amount of a pre-confirmation payment under 11 6 U.S.C. § 1326(a)(3), the debtor must file a motion. Until the motion is resolved, the trustee will pay the amount proposed in the plan. The trustee may pay pre-confirmation payments in the proposed plan without a court order. A creditor will not be paid unless it files a proof of claim.

The trustee will pay pre-confirmation payments within 30 days after a proof of claim is filed unless the debtor did not pay the trustee funds sufficient to allow the trustee to pay the claim within 7 business days before the 30-day period ends. The trustee must deduct from an allowed claim, as of the date of payment, each pre-confirmation payment the trustee makes. If a creditor obtains an order for payment under 11 U.S.C. § 1326(a)(3) and the case is dismissed before a plan is confirmed, the trustee will pay the creditor any payments due and owing from funds collected by the trustee under 11 U.S.C. § 1326(a)(1)(A) less statutory trustee fees and allowed § 503(b) claims, including the debtor’s attorney fees.

E. Notice of Chapter 13 Plan.

No resistance deadline under Local Rule 9013-1(B) for a Chapter 13 plan may be earlier than 14 days after the meeting of creditors is concluded. If the debtor files the plan with the petition, instead of a specific calendar date, the 9013-1(B) notice may state: “Any resistance to the plan must be filed no later than 14 days after the meeting of creditors is concluded.” If the debtor does not file the plan with the petition, the resistance deadline must be a specific calendar date.

F. Extension of Time to File Plan.

If the debtor is granted an extension of time to file a Chapter 13 plan but does not file and notice the plan at least 14 days before the date set for the meeting of creditors, the trustee will reschedule the meeting of creditors. The debtor must serve notice of the rescheduled meeting on all parties in interest. If the plan is not filed at least 14 days before the second scheduled date, the trustee may file a notice stating the debtor did not comply and the case may be dismissed without further notice or hearing.

G. Limited Motion to Modify Plan.

After a Chapter 13 plan is confirmed, the debtor may cure payment delinquencies, abate future payments, or increase payments or the base amount of the plan by filing a limited motion to modify (Local Form NEB 3015- 2(G). The limited motion cannot be used to permanently reduce plan payments, reduce the base amount of the plan, or reduce the term of the plan. If an objection to a limited motion is filed, the debtor must file a response within 14 days after the objection deadline. If the debtor does not timely file a response, the court may deny the motion.

If the debtor files a response, the objection will proceed under Local Rule 3015-(3)(C).

H. Discharge.

Within 14 days after the trustee files a certificate of final payment, the debtor in a Chapter 13 case must file the certification regarding domestic support obligations and § 522(q) using official bankruptcy form B2830, or the case may be closed without a discharge. 7 Rule 3015-3. Plans, Objection to Confirmation, and Amendments A. Debtor Certification. In all individual Chapter 12 or Chapter 13 cases, for all plans, the debtor must file the certification in support of confirmation (Local Form NEB 3015-3(A at least 7 days before the objection to confirmation deadline.

If the certification is not filed, the court may deny confirmation. The debtor may not file the certification before the applicable plan is filed.

B. Objections to Confirmation and Response.

In Chapter 12 and Chapter 13 cases, if an objection to confirmation is timely filed, the court may without further notice or hearing, deny confirmation or dismiss the case for failure to confirm a plan or for unreasonable delay prejudicial to creditors, unless the debtor files a response to the objection within 14 days after the objection to confirmation deadline.

C. Request for Confirmation Trial.

In Chapter 12 and Chapter 13 cases, the court will set a confirmation trial only if the request for confirmation trial (Local Form 3015-3(C is filed. The court will consider only issues specifically identified in the plan objection and response. A request for confirmation trial must be filed within 30 days in a Chapter 12 case, or 70 days in a Chapter 13 case, after the debtor’s deadline to respond to a plan objection. If the certification and request for trial is not timely filed, the court will deny confirmation and may, without further notice or hearing, dismiss the case for failure to confirm a plan and unreasonable delay prejudicial to creditors.

D. Settlements Resolving Plan Objections.

A settlement resolving a plan objection which may affect other creditors must be sought through an amended plan. The court will not approve any settlement or amended plan requiring post-petition arrearages on home mortgage claims under Part 6 of the plan, or post-petition arrearages on any direct pay obligation under the plan, to be paid through the plan by the trustee. The court may confirm the plan along with the terms of a settlement if its terms will not affect other creditors’ treatment under the plan, if it is approved by the trustee, the objecting parties, and the debtor(s), and if it contains the statement: “The signing parties reviewed this settlement and after due consideration certify to the best of their knowledge and belief the modifications to the plan by the settlement will not delay or reduce payments to, or have any other measurable effect on other creditors.” E. Plan Amendments. In cases under Subchapter V of Chapter 11, Chapter 12, or Chapter 13, an amended plan filed before a plan is confirmed supersedes any previously filed plan.

No resistance deadline may be set for an amended plan for a date earlier than 14 days after the meeting of creditors is concluded.

F. Redline Version.

For any amended plan in cases under Subchapter V of Chapter 11 and under Chapter 12, the debtor must file, under the event Notice of Modified / Amended Plan, but need not serve, a version of the amended plan with all changes clearly and conspicuously indicated by track changes, redline, or similar method.

G. Tax Returns.

If the debtor does not comply with Title 26 of the United States Code or applicable state tax code, absent a showing of good cause, it is a material 8 default of a confirmed plan. The requirements of this section include returns or liabilities for which the debtor is a responsible party under 26 U.S.C. § 6672 or similar state laws.