Orders

U.S. Bankruptcy Court for the District of Nebraska

Rule Set: Local Bankruptcy Rules of the U.S. Bankruptcy Court for the District of Nebraska

Rule: 9072-1

Jurisdiction: DNEB

Bluebook Citation: Bankr. D. Neb. R. 9072-1

A. Form.

The court may enter orders by text-only docket entry, entered by court employees authorized by the judge. Any order containing the judge’s electronic signature has the same force and effect as if the judge affixed the judge’s signature to a paper copy of the order and it was entered on the docket.

B. Proposed Orders.

A party may submit a proposed order as a PDF or in a format compatible with Microsoft Word by email to [email protected]. A proposed order should not be combined with or attached to a motion or filed on the docket. A proposed order will not be entered if it seeks relief beyond the scope of the motion, seeks to affect parties not before the court, seeks rulings on matters where there is no case or controversy, or is overly wordy and complex.

C. Service.

The clerk’s office will serve on all parties in interest only the notices and orders listed in Appendix H. The clerk’s office may electronically serve certain orders only on parties registered with the CM/ECF System, including non-final orders, orders on procedural matters, or orders denying a motion without prejudice. If the court orders a movant serve a copy of an order, the movant must immediately serve it on parties in interest affected by the motion or order who do not receive notice from the CM/ECF System and must file a certificate of service under Local Rule 5005-1(C). 19 Appendix A Government Agencies Mailing Registry Under Bankruptcy Rule 5003(e) and 11 U.S.C. § 505(b) (Revised January 17, 2023) Nebraska: Nebraska Department of Revenue Attn: Bankruptcy Unit Nebraska State Office Building P.O. Box 94818 Lincoln, NE 68509 4818 Federal: Internal Revenue Service Centralized Insolvency Operation P.O. Box 7346 Philadelphia, PA 19101 7346 Small Business Administration District Counsel 10675 Bedford Avenue, Suite 100 Omaha, NE 68134 Social Security Administration Office of General Counsel Office of Program Litigation Attn: Bankruptcy 6401 Security Boulevard Baltimore, MD 21235 U.S. Department of Agriculture Regional Office of General Counsel P.O. Box 419205, MS 1401 Kansas City, MO 64141 U.S. Department of Agriculture Rural Development State Director 308 Federal Building 100 Centennial Mall North Lincoln, NE 68508-3859 U.S. Attorney General United States Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20503-0001 Nebraska State Farm Service Agency State Executive Director 1121 Lincoln Mall, Suite 330 Lincoln, NE 68508-2815 U.S. Attorney’s Office - Omaha 1620 Dodge Street, Suite 1400 Omaha, NE 68102-1506 U.S. Attorney’s Office - Lincoln 487 Federal Building 100 Centennial Mall North Lincoln, NE 68508 U.S. Department of Education Office of General Counsel 400 Maryland Avenue, SW Washington, DC 20202 U.S. Department of Education Office of Postsecondary Education 600 Independence Avenue, SW Washington, DC 20202 U.S. Department of Health and Human Services Acting Chief Counsel 601 East 12th Street, Room N1800 Kansas City, MO 64106 U.S. Department of Housing & Urban Development Chief Counsel Edward Zorinsky Federal Building 1616 Capitol Avenue, Suite 329 Omaha, NE 68102-4908 20 U.S. Trustee 111 South 18th Plaza, Suite 1148 Omaha, NE 68102 U.S. Postal Service (Tort Cases Only): Law Department P.O. Box 80143 St. Louis, MO 63180-0143 Other State Agencies: California Franchise Tax Board (Adversary Proceedings) Chief Counsel c/o General Counsel Section P.O. Box 1720, MS A-260 Rancho Cordova, CA 95741-1720 California Franchise Tax Board (§ 505 Requests / Service / Notice) Bankruptcy Unit P.O. Box 2952, MS A-340 Sacramento, CA 95812-2952 Michigan Department of Treasury, Tax Policy Division Attn: Litigation Liaison 2nd Floor, Austin Building 430 West Allegan Street Lansing, MI 48922 Mississippi State Tax Commission Bankruptcy Section Jackson, MS 39215 U.S. Postal Service (All Cases Other Than Tort) Law Department 9350 South 150 East, Suite 800 Sandy, UT 84070 2716 P.O. Box 1033 Oklahoma Tax Commission Office of the General Counsel Bankruptcy Section 100 North Broadway, Suite 1500 Oklahoma City, OK 73102 Tennessee Department of Revenue (§ 505 Requests) c/o Tennessee Attorney General’s Office Bankruptcy Division P.O. Box 20207 Nashville, TN 37202-0207 Tennessee Department of Revenue (All Other Service and Notices) (Name of Agency) c/o Tennessee Attorney General’s Office Bankruptcy Division P.O. Box 20207 Nashville, TN 37202-0207 21 Appendix B Chapter 13 Fee Requests A. Services. Unless otherwise agreed by the debtor in writing, and approved by the court, the attorney for the debtor in a Chapter 13 case receiving a fee for services must provide all services typical through the end of the case, including: 1.

Meet with the debtor to review the debtor’s debts, assets, liabilities, income, and expenses, counsel the debtor on the available bankruptcy chapters. 2. Review, verify, and if required file all required documents, including 6 months of pay stubs, 2 years of complete tax returns, W-2s, 6 months of bank statements, insurance policies, driver’s licenses, Social Security cards, electric/gas/water bills, domestic child support orders, judgments, and purchase agreements. 3.

Prepare and timely file all required documents including the debtor’s petition, plan, statements, and schedules, and any amendments thereto. 4. Help the debtor obtain pre-petition credit counseling and post-petition financial education. 5.

Prepare the debtor for the § 341 meeting of creditors and represent the debtor at the meeting. 6. loans or leases. Advise the debtor regarding appropriate insurance on vehicles securing 7. Represent the debtor at confirmation hearings, respond to objections to plan confirmation and, when necessary, prepare an amended plan.

8. Advise the debtor how, when, and where to make Chapter 13 plan payments and explain which payments the debtor must pay directly and which payments the debtor must pay through the plan. 9. schedules. Prepare and timely file post-confirmation amended statements and 10.

Address the trustee’s first notice of default which results in a stipulation without an amended plan. 11. the automatic stay. Represent the debtor in connection with the first motion for relief from 12. Complete and file the certification by debtor in support of discharge in official bankruptcy form B2830.

B. Fee Application with Plan.

The debtor’s attorney may file a fee application as part of the Chapter 13 plan if the services to be provided include all services in Paragraph A 22 and the total fees and costs do not exceed $5,000 ($4,800 for fees and $200 for expenses). The fees will be approved as part of the plan.

C. Fee Application by Motion.

Except as provided in Section B, above, a fee application must be filed by separate motion (Local Form NEB 2016-1 App B1). A fee application under this section should be requested sparingly and in the following extraordinary situations. 1. A business-related case or complex case that requires significantly more legal work than a typical Chapter 13 case.

2. A case requiring a confirmation trial, adversary proceedings, or a trial of a contested matter with live witness testimony. 3. A case dismissed before the initial plan is confirmed, which the debtor’s attorney must file within 7 days after dismissal for actual fees and expenses incurred.

4. In a case where the debtor retains a new attorney the new attorney must file a fee application. If the new attorney is retained before the initial plan is confirmed, the original attorney and new attorney must each file a fee application. Post- confirmation, the new attorney may request ALC fees.

D. ALC (à la carte) Fees.

A debtor’s attorney may seek additional compensation using by certification (Local Form 2016-1 App B2). The certification is a motion under Local

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