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RULE 1009-1 AMENDMENTS OF PETITIONS, BANKRUPTCY SCHEDULES, AND STATEMENT OF FINANCIAL AFFAIRS Any amendment to a voluntary petition, bankruptcy schedule, or statement of financial affairs under Fed. R. Bankr. P. 1009 shall comply with the following: (1) If removing information, the amendment shall include all information that was on the original document, but shall conspicuously indicate the removal of information by striking through the text such that the original text is still legible, unless such text is otherwise required to be redacted; (2) If adding information, the amendment shall include all information that was on the original document, and shall conspicuously indicate the addition of the new information, such as by circling, underlining, highlighting, or using a different colored font; (3) If replacing information, the amendment shall include all information that was on the original document except the content being replaced, and shall conspicuously indicate the replacement information, such as by circling, underlining, highlighting, or using a different colored font. Page 13 of 163 RULE 1014-1 CHANGE OF VENUE (a) Within the District. In the interest of justice or for the convenience of the parties, the court may change venue of a case or proceeding from one division of the court to another. A motion for intra-district transfer is governed by Fed. R. Bankr. P. 9014 and Local Rule 9013-1.

(b) To Another District. For procedures to change venue of a case or proceeding to another district, see DUCivR 83-7.4(a) and (c) and Fed. R. Bankr. P. 1014. Page 14 of 163 RULE 1015-1 JOINT ADMINISTRATION/CONSOLIDATION OF BANKRUPTCY CASES A motion for consolidation or joint administration of cases shall be filed in all bankruptcy cases to be consolidated or jointly administered. The party filing the motion must set the matter for hearing before the judge assigned to the case with the lowest case number to which the motion for consolidation or joint administration applies and shall send notice of the motion and hearing to all parties in interest as listed in the court’s most recent creditor’s matrices for all affected cases.

Any party in interest in any of the affected cases may object to the motion by filing an objection in the case with the lowest case number to which the motion for consolidation or joint administration applies. If the court grants the motion, the cases will be consolidated into or jointly administered under the case having the lowest case number, and the judge assigned the case will retain the assignment for the consolidated or jointly administered case, unless otherwise ordered by the court. Upon entry of the order granting the motion, the clerk will enter a docket entry in all cases stating the bankruptcy case number of the consolidated or jointly administered case. Page 15 of 163 RULE 1073-1 ASSIGNMENT OF CASES The assignment of cases to the judges of the court is the responsibility of the Chief Judge of the court and will, unless otherwise ordered, proceed as follows: (a) Blind Draw Case Assignment System.

All cases are assigned using blind draws established and monitored by the clerk of the court, with the following exceptions: (1) cases filed in certain geographic areas may be assigned to a specific judge, and (2) Chapter 13 case assignments are made on a nonpublic rotating calendar. (b) Judicial Recusal or Disqualification. If a judicial recusal or disqualification occurs, another judge will be assigned to the case by random selection. If all judges recuse themselves or are disqualified, the Chief Judge will request the Chief Judge of the United States Court of Appeals for the Tenth Circuit to assign a bankruptcy judge from another district to the case.

(c) Unavailability of Assigned Judge. A party may request relief from any judge of the court if the assigned judge is unavailable. (d) Repeat Cases. If the debtor had a pending bankruptcy case before this Court during the previous 8 years, the Clerk may reassign the case to the judge to whom the previous bankruptcy case was assigned.

(e) Reassignment for Cause. At any time during the case, the Chief Judge may reassign a case based on factors of expediency, efficiency, or for other cause. Page 16 of 163 RULE 2002-1 NOTICE TO CREDITORS AND OTHER INTERESTED PARTIES (a) Scope of Rule. This rule governs notice of proposed actions, motions, applications, and other requests for relief in bankruptcy cases which are addressed by Fed. R. Bankr. P. 2002.

(b) Form of Notice. A notice required by this rule to parties in interest may include a statement that the relief requested may be granted without a hearing unless an objection is timely filed. A notice not accompanied by a motion must include a brief statement or summary of the relief requested and explain the basis for the relief. (c) Time for Notice.

Time for notice of hearings, response and reply deadlines, and for taking certain other actions under these Local Rules are set forth in Local Rule 9006-1. (d) Service of Notice. The movant must serve the notice of hearing on all parties as required by the Federal Rules of Bankruptcy Procedure. Notices and other documents governed by Fed. R. Bankr. P. 2002 that are filed with the Court and docketed in a case need not be served by mail on the United States Trustee, chapter 13 trustee, or any other person appearing in the case through ECF.

This Rule does not change any requirement to serve the party in addition to counsel under any applicable rule. (e) Returned Notices. If any notices mailed using the addresses appearing on the matrix are returned, the debtor should update the mailing matrix as necessary to reflect the current addresses of parties in interest. (f) Notice of Compensation in Chapter 7 Case.

Before filing a final report in a chapter 7 case, the trustee must notify any entity who, to the knowledge of the trustee, may be entitled to compensation or reimbursement under § 330. The entity may, within 14 days of service of the notice, file an application for compensation and reimbursement of expenses. The Court may deny as untimely an application for compensation filed after this date. Page 17 of 163 (g) Notice of Entry of Confirmation Order.

The plan proponent must provide notice of the entry of an order confirming a chapter 9, 11 or 12 plan under Fed. R. Bankr. P. 2002(f)(7). (h) Notice to Certain Governmental Entities. In addition to all other notice requirements found in the Federal Rules of Bankruptcy Procedure, when notices are required to be sent to the Internal Revenue Service, the Securities and Exchange Commission, the Utah State Tax Commission, the Utah Department of Workforce Services, or the Office of Recovery Services, notices should be mailed or delivered to addresses listed on the Court’s website, www.utb.uscourts.gov. Page 18 of 163 RULE 2003-1 MEETING OF CREDITORS AND EQUITY SECURITY HOLDERS (a) Attendance.

(1) The Court may dismiss a voluntary case, except a case that has been converted from a chapter 11 case to a chapter 7 case or from a chapter 7 case to a chapter 13 case, or a case in which the Court has determined under § 341(e) that no meeting of creditors is required, if the debtor or the debtor’s attorney fails to appear at the scheduled or continued § 341 Meeting. (2) The procedures for dismissal of a chapter 13 case for failure of the debtor or debtor’s attorney to appear at the § 341 Meeting are set forth in Local Rule 2083-1(f). (3) In a case other than one under chapter 13, the debtor or the debtor’s attorney’s failure to appear at the scheduled or continued § 341 Meeting may constitute cause to dismiss the case. A case trustee’s or United States Trustee’s motion to dismiss filed under this Rule may be combined with notice of the motion.

In a chapter 7 case, the case trustee or United States Trustee may use Local Form 2003-1 to request dismissal of the case. (4) In a joint case where only one debtor appears at the § 341 Meeting, the non-appearing debtor may be dismissed from the case. (b) Debtor’s Duties Relating to the § 341 Meeting. The debtor is required to provide documentation prior to and at the § 341 Meeting as requested by the trustee or the United States Trustee and as required in § 521, Fed. R. Bankr. P. 4002(b), and Local Rule 4002-1(b).

In addition, a chapter 13 debtor is required to provide the documents listed in Local Rule 2083-1(e) prior to or at the § 341 Meeting. (c) Motions to Reschedule. A debtor should file a motion to reschedule a § 341 Meeting not later than 7 days prior to the scheduled § 341 Meeting. The debtor shall send notice of the motion to the case trustee and United States Trustee.

In a chapter 7 case, Page 19 of 163 the motion must also request an extension of the time fixed under Fed. R. Bankr. P. 4007(c) and 4004(a) for filing a complaint under §§ 523(c) and 727 and the time fixed under Fed. R. Bankr. P. 4003(b)(1) for filing objections to exemptions claimed under § 522(l). The Court may grant the motion, set it for a hearing, or deny the motion without a hearing. If the Court grants the motion, the clerk must give notice of the new date and time of the § 341 Meeting unless otherwise directed by the Court. (d) Motion to Dismiss for Failure to Appear at the § 341 Meeting.

The clerk shall serve notice of a case trustee’s or United States Trustee’s motion to dismiss a case for failure to appear at the § 341 Meeting. (e) Court’s Powers. Nothing in this Rule should be interpreted to alter the Court’s powers under § 105 or the Court’s inherent powers to take action, including ordering dismissal of a case. Page 20 of 163 RULE 2004-1 EXAMINATION UNDER RULE 2004 The court may enter an order granting a motion under Fed. R. Bankr. P. 2004(a) without prior notice or hearing if the motion: (1) (2) Identifies the entity to be examined; Sets forth in what manner or way the examination of the entity relates to the acts, conduct, or property or to the liabilities and financial condition of the debtor, or to any matter which may affect the administration of the debtor’s estate, or to the debtor’s right to a discharge; and (3) (A) Represents that the entity to be examined will receive not less than 14 days’ written notice of the examination, and that compulsory attendance of the entity and, if applicable, the production of documents will be by subpoena consistent with Fed. R. Bankr. P. 2004(c) and 9016; or (B) Represents that the movant and the entity to be examined have stipulated in writing to the time and place of the examination and, if applicable, to the production of documents.

COMMENT (2017) This rule permits parties to obtain without a hearing a court order authorizing an examination pursuant to Bankruptcy Rule 2004. To obtain such an order, the movant must identify the entity to be examined, the entity's relationship to the debtor or the case and must represent that the entity has either consented to the examination or will receive at least 14 days’ notice of the examination and that entity’s attendance will be compelled by subpoena. A Rule 2004 order, obtained without a hearing, may not compel the entity to be examined to attend the examination or to produce documents. Page 21 of 163 RULE 2081-1 CHAPTER 11 - GENERAL (a) Initial Financial Reports and Other Documents.

Not later than 7 days after filing a chapter 11 petition, all chapter 11 debtors shall provide to the United States Trustee evidence of any policies of insurance maintained by the debtor. Not later than 21 days after filing, all chapter 11 debtors, except small business or subchapter V debtors, must provide to the United States Trustee an initial financial report in the form approved by the United States Trustee. Upon a request of the United States Trustee, a chapter 11 debtor shall within 7 days of such request provide to the United States Trustee proof of any required permits or licenses relating to the debtor’s business operations. (b) Monthly Financial Reports.

Not later than 21 days after the end of each month the debtor in possession or trustee must file with the Court a monthly financial report in the form approved by the United States Trustee. The duty to file these reports terminates upon confirmation of a plan, or upon conversion or dismissal of the case. (c) Post-Confirmation Summary Report. If the Court orders, a reorganized debtor or other entity responsible for consummation of a plan shall file a one-time summary report within 90 days after entry of a confirmation order which must include the following: (1) the dollar amounts of administrative expenses for fees for the attorney for the debtor, attorney for the trustee, the trustee, other professionals, and out-of-pocket expenses; (2) (3) the dollar amounts of priority, secured, and unsecured claims; the dollar amounts of plan payments to priority, secured, and unsecured creditors; (4) the percentage dividend being paid to unsecured creditors without priority; and (5) the estimated date that a final decree will be entered.

Failure to Page 22 of 163 comply with this subsection constitutes grounds for dismissal of the case. Page 23 of 163 RULE 2082-1 CHAPTER 12 - GENERAL (a) Monthly Financial Reports. Not later than 21 days after the end of each month, the debtor must file with the court a monthly financial report in the form approved by the United States Trustee and serve a copy upon the chapter 12 trustee. The debtor’s duty to file these reports terminates upon confirmation of a plan, or upon conversion or dismissal of the case.

(b) Filing of Chapter 12 Plan. The court may dismiss a chapter 12 case if the debtor fails to file a plan within the time provided in § 1221. If the debtor does not file a plan timely, the chapter 12 trustee should file a notice of failure to comply and serve it on the debtor and debtor’s attorney. If an objection to the trustee’s notice is not filed within 21 days after notice is served, the clerk should enter an order dismissing the case.

The objecting party must set a hearing and give notice to parties in interest as provided in Fed. R. Bankr. P. 9006(d). If a hearing on the objection is not held within 42 days after the objection is filed, the clerk must enter the order of dismissal, unless the court orders otherwise. (c) Payments. Payments under a confirmed plan must be paid by certified funds or money orders made payable as directed by the chapter 12 trustee.

The debtor may make and the trustee may accept payments in furtherance of a plan prior to confirmation. Such payments must be disbursed under a confirmed plan or further order of the court, and may be subject to a charge for the trustee’s expenses upon conversion or dismissal of the case, or confirmation of a plan. (d) Attorney’s Fees. All chapter 12 plans must contain a statement of attorney’s fees paid and to be paid.

(e) Monthly Payments. Beginning at the first scheduled § 341 Meeting and continuing each month thereafter until confirmation of a plan, the debtor may be required to pay to the chapter 12 trustee the actual and necessary expenses of the Page 24 of 163 administration of the case as allowed by the court, or a minimum court-approved dollar amount to be fixed by the trustee, whichever is greater. Page 25 of 163 RULE 2083-1 CHAPTER 13 - GENERAL (a) Chapter 13 Plan. Unless otherwise ordered by the court, all chapter 13 plans shall conform to the Official Form 113 Chapter 13 Plan posted on the bankruptcy court’s website (www.utb.uscourts.gov ) (see Local Rule 2083-2).

(b) Preconfirmation Plan Amendments or Modifications. (i) Plan amendments having a material negative impact on creditors. In addition to filing the amended plan, the debtor must prepare a Notice of Amended Plan in substantial conformity with Local Form 2083-1-A that contains a summary of the changes between the prior plan and the amended plan. The amended plan along with the Notice of Amended Plan must be filed and served on the trustee and all parties in interest in compliance with Fed. R. Bankr. P. 3015(d) and 2002(a)(5).

(ii) Plan modifications not having a material negative impact on creditors. The debtor must prepare a Notice of Modified Plan in substantial conformity with Local Form 2083-1-B that contains a summary of the changes between the prior plan and the modified plan. The Notice of Modified Plan must be filed and served upon the trustee. (iii) Final Plan.

Any party in interest, including the court or the trustee, may request that the debtor file a Final Plan that incorporates all prior plan amendments, modifications, and stipulations. Unless otherwise ordered by the court, the debtor shall file a Final Plan no later than 14 days following such request. (c) Chapter 13 Plan Payments. Unless otherwise ordered by the court, payments under § 1326 must commence not later than the first date set for the § 341 Meeting.

All such payments must be made by certified funds, money order, or a trustee- approved means of electronic funds transfer, made payable as directed by the trustee. Page 26 of 163 (d) Preconfirmation Payments Pursuant to § 1326(a). (1) Distribution in Preconfirmation Cases. Preconfirmation disbursements by the trustee under § 1326(a)(1) are hereby authorized without further order.

The amount and timing of Adequate Protection Payments, unless otherwise ordered by the court, shall be governed by subparagraphs (2) through (8) below. Preconfirmation disbursements under § 1326(a)(1) shall be made to creditors within 30 days of the filing of the proof of claim, unless the trustee has not received sufficient cleared funds to make such payment. The trustee is authorized to deduct from the allowed amount of a claim all § 1326(a)(1) preconfirmation disbursements. (2) Adequate Protection Payments.

Unless otherwise ordered by the court, all preconfirmation Adequate Protection Payments to holders of secured claims required under § 1326(a)(1)(C) shall not be made by the debtor directly to the secured claimant, but shall be paid to and disbursed by the trustee. The debtor’s preconfirmation plan payments to the trustee shall include the amount required under § 1326(a)(1), which shall include the amount necessary to pay the trustee’s statutory fee. (3) Amount and Period of Adequate Protection Payments. Unless the debtor files a separate Notice for Adequate Protection Payments (Local Form 2083- 1-C) or includes the Notice for Adequate Protection Payments as an attachment to the Plan, the Equal Monthly Plan Payment amount listed in Part 3.2 or 3.3 of the Plan for a creditor entitled to adequate protection under § 1326(a)(1)(C) and § 1325(a)(5)(B)(iii)(II) will constitute that creditor’s Adequate Protection Payment amount.

The Notice for Adequate Protection Payments must fix the amount and period of the Adequate Protection Payments. (4) Adequate Protection Payments as a Nonstandard Plan Provision. A Page 27 of 163 plan proposing to pay Adequate Protection Payments in an amount less than the Equal Monthly Plan Payment shall be deemed to contain a nonstandard provision and must indicate the inclusion of a nonstandard provision in the check box in Part 1.3 of the Plan. Part 8 of the plan must identify the creditor(s) who will receive Adequate Protection Payments and the corresponding part of the plan in which such creditor(s) is listed.

Part 8 of the plan must also refer creditors to the Notice for Adequate Protection Payments for detail concerning the amount and duration of Adequate Protection Payments. (5) Adequate Protection Payments Accrual. Adequate Protection Payments shall accrue commencing with the first plan payment due no later than the first date set for the § 341 Meeting and shall continue to accrue on the first day of each month thereafter for the number of months specified in the Notice of Adequate Protection Payments. Upon expiration of the number of months specified in the Notice for Adequate Protection Payments, each secured creditor will be paid the Equal Monthly Plan Payment set forth in the plan.

(6) Trustee’s Payment of Adequate Protection Payments. The trustee will make Adequate Protection Payments only if a secured proof of claim is filed in compliance with the applicable provisions of Fed. R. Bankr. P. 3001, 3002 and 3004 before the earlier of the entry of an order dismissing or converting a case or the applicable claims bar date. If no secured proof of claim is filed, the trustee may reserve funds to pay Adequate Protection Payments to a creditor identified as a recipient of Adequate Protection Payments in anticipation of a claim being filed. (7) Principal Reduction Prior to Interest Accrual.

Adequate Protection Payments made or attributable to the period before interest begins to accrue on such claims shall be applied to reduce the principal balance of such claim. Adequate Protection Payments made or attributable to the period after interest Page 28 of 163 begins to accrue shall be applied to unpaid interest and then to principal. (8) Amended Notice for Adequate Protection Payments. If an amended Notice for Adequate Protection Payments is filed that decreases the amount of Adequate Protection Payment, the change in amount will be effective with the next accrual date.

If an amended Notice for Adequate Protection Payments is filed that increases the amount of Adequate Protection Payment, the change will be retroactive to the date of the first payment accrual and the difference will be disbursed to the secured creditor by the trustee as sufficient funds are available to make such payment. (9) Distribution in Discontinued Preconfirmation Cases. (A) If a chapter 13 case is dismissed prior to confirmation, the trustee is authorized to apply the debtor’s plan payments to pay: (i) the trustee’s statutory percentage fee; (ii) Adequate Protection Payments pursuant to the terms set forth in subsections (2) - (8) above; (iii) any allowed administrative expenses; and (iv) the balance of such funds will be returned to the debtor by check made payable to and mailed to the debtor at the debtor’s address of record listed on the court’s docket. (B) If prior to confirmation a chapter 13 case is converted to a case under chapter 7, unless otherwise ordered by the court, the trustee must return any undisbursed funds constituting debtor’s wages held by the trustee to the debtor by check made payable to and mailed to the debtor at the debtor’s address of record listed on the court’s docket.

(e) Documents Provided to the Trustee at or Before the § 341 Meeting. (1) In addition to those documents required by § 521, a debtor must provide to the case trustee copies of the following documents at least 7 days before the first date set for the § 341 Meeting: Page 29 of 163 (A) Proof of all charitable contributions made within 60 days before the date of the filing of the petition; (B) A copy of the county property tax assessment for all real property listed on Schedule A for each of the two most recent years; (C) Copies of tax returns required under Local Rule 6070-1(c)(2), with all Social Security numbers redacted; (D) Evidence of current post-petition income such as the most recent pay advice; and (E) Statements for each of the debtor’s checking, savings, brokerage, money market accounts and mutual funds, and app-based financial accounts (such as Venmo, CashApp, and Paypal) for the one-month period that includes the petition date. (2) In addition to the foregoing, if a debtor had self-employment income or operated a business for the 60 days prior to the filing, the debtor must provide to the case trustee copies of the following documents at least 14 days before the first date set for the § 341 Meeting: (A) A profit and loss for each business or self-employment for the 60 days prior to the filing of the petition, including income reported on an IRS Form 1099; and (B) A business questionnaire for each business operated by the debtor for the 60 days prior to filing of the petition, on a form supplied by the case trustee. (f) Dismissal for Failure to Attend a § 341 Meeting or Make Payment.

If the debtor or the debtor’s attorney fails to appear at the scheduled or continued § 341 Meeting or if a debtor fails to make the first payment required by subsection (c) of this rule, the trustee must file a motion to dismiss or notice of failure to comply and serve it Page 30 of 163 on the debtor and debtor’s attorney. If an objection is not filed within 21 days after the motion or notice is served, the clerk must enter an order dismissing the case. If a motion to dismiss for failure to attend a § 341 Meeting is filed, any objection thereto must include a request to reschedule both the § 341 Meeting and the confirmation hearing. In the absence of good cause alleged in the objection and established at the hearing, the debtor must also agree to an extension of all deadlines calculated from the first date set for the § 341 Meeting, including deadlines for objecting to claimed exemptions under Fed. R. Bankr. P. 4003(b), and for filing complaints objecting to discharge or dischargeability under Fed. R. Bankr. P. 4004(a) and 4007(c).

If a hearing is required on an objection filed under this subsection, it will be held at the same time scheduled for the confirmation hearing stated on Official Form 309I. No notice of the objection in addition to the notice of hearing contained on Official Form 309I is required. (g) Preconfirmation Motions to Dismiss for Failure to File or Provide Documents or Comply with Other Requirements. In addition to cause for dismissal under § 1307(c), the trustee, with respect to all subparts of § 1307(c), or the applicable taxing authority, with respect to subpart (5), may file a motion to dismiss or notice of failure to comply for the following grounds: (1) (2) Failure to file documents required under Local Rule 1007-1(a)(2); Failure to provide identification and social security documentation under Fed. R. Bankr. P. 4002(b)(1) or financial documents under Fed. R. Bankr. P. 4002(b)(2); (3) (4) Failure to provide documents under subsection (e) of this rule; Failure to provide information in response to a written request by a trustee or United States trustee under Local Rule 4002-1(b); or (5) Failure to provide proof of establishment of tax trust accounts under Local Rule 6070-1(a)(1), or failure to comply with requirements with respect to tax Page 31 of 163 returns under Local Rule 6070-1(c).

The motion to dismiss or notice of failure to comply must be served on the debtor and the debtor’s attorney. If the debtor intends to oppose dismissal, a written objection must be filed. If an objection is not filed within 21 days after the motion or notice is served, the clerk must enter an order dismissing the case. If an objection contains a request to reschedule the § 341 Meeting, the time limitation set forth in Local Rule 2003- 1(c) shall not apply.

Such request, however, must seek an extension of the deadlines set forth in subparagraph (f) above. If the trustee files a motion to dismiss for failure to comply with (1) or (3) of this subparagraph (g), the trustee will call and preside at the § 341 Meeting to permit creditors to question the debtor, but the trustee will not question the debtor and the § 341 Meeting shall be adjourned until after the hearing on the motion to dismiss has been held, unless prior to the § 341 Meeting the debtor resolves the deficiencies resulting in the motion to dismiss and the court enters an order authorizing the trustee to conduct the scheduled § 341 Meeting. A hearing on an objection filed in response to the trustee’s notice of failure to provide documents or comply will be held at the same time scheduled for the confirmation hearing stated on Official Form 309I, unless the court orders otherwise. No notice of the objection in addition to the notice of hearing contained on Official Form 309I is required.

(h) Postpetition Child Support, Alimony, Maintenance Payments Deemed Voluntary. Unless a chapter 13 debtor on the petition date, or such later time as the court allows, files with the court, the trustee, and the requisite state office of recovery services a notice setting forth the debtor’s intent to terminate postpetition child support, alimony, maintenance payments or income withholding, the debtor will be deemed as of the date of the petition to have stipulated as follows: (1) That any child support, alimony, or maintenance obligation that Page 32 of 163 matures postpetition, whether continuing or delinquent and whether paid directly by the debtor or collected by means of income withholding under state law, is voluntarily made by the debtor under the debtor’s budget of postpetition expenses; and (2) That any collection of such obligations will not constitute grounds for compensatory, injunctive, or punitive relief against the collecting party for any violation of the provisions of § 362 of the Code. This rule does not apply to any child support, alimony, or maintenance obligation that matures and becomes delinquent postpetition and that the debtor and a state office of recovery services have agreed in writing will be treated as a prepetition obligation included in the debtor’s plan. (i) Eligibility Hearing.

Unless the Court orders otherwise, (i) a party must file and serve a motion to dismiss a chapter 13 case under § 109(e) not later than 7 days before the date set on the Notice of Chapter 13 Bankruptcy Case for the plan confirmation hearing; and (ii) such motion shall be heard at the plan confirmation hearing. (j) Confirmation. (1) Objections to Confirmation. Any objection to the original plan must be filed and served not later than 7 days before the date set on Official Form 309I for the plan confirmation hearing.

If an amended or modified plan is filed, objections must be filed and served not later than 21 days after service of the plan or notice of such plan. If a creditor files an objection to confirmation relating to the value of collateral, the debtor must respond to that objection within 30 days of service of the objection. All objections to the plan will be heard at the confirmation hearing, unless the court orders otherwise. If the objecting party does not appear at the confirmation hearing, the court may deem the objection to be withdrawn.

(2) Confirmation of the Plan. The debtor bears the burden of proof in Page 33 of 163 establishing compliance with the requirements for confirmation of the debtor’s plan, and specifically § 1325. Any bankruptcy papers or amendments relating to confirmation of the plan must be filed with the court not later than four (4) business days before the confirmation hearing. In addition, documents, papers, or other information relating to confirmation of the plan which are required to be submitted to the trustee must be received by the trustee not later than four (4) business days before the confirmation hearing.

If bankruptcy papers need to be filed or submitted to the trustee after these deadlines, counsel should seek a continuance of the confirmation hearing to give all parties an opportunity to review the papers. If the court confirms the plan, the debtor will be deemed to be in compliance with § 521(a)(1)(A). (3) Confirmation Without a Hearing. If all timely filed objections to confirmation are resolved, the trustee may recommend to the court that the plan be confirmed without a hearing.

If the court agrees, the confirmation hearing may be stricken, an order confirming the plan may be entered, and debtors and debtors’ counsel need not appear at the confirmation hearing. (4) Evidentiary Hearings on Confirmation. If parties intend to put on evidence relating to confirmation of a plan, they should inform the court, the trustee, and any objecting party of such intent and request from the court a separate, evidentiary confirmation hearing. (k) Postconfirmation Motions.

(1) Trustee’s Motion to Dismiss. The trustee’s postconfirmation motion to dismiss or notice of failure to comply must be served on the debtor and the debtor’s attorney. By the objection deadline set in the trustee’s motion to dismiss, which must be at least twenty-one (21) days after the motion or notice is served, the debtor must take all of the following actions or the clerk shall enter an order Page 34 of 163 dismissing the case: (1) file an objection to the motion or notice; (2) set the objection for a hearing; and (3) serve notice of the hearing on the trustee. Responses must be filed and served within 14 days after notice of the hearing is served pursuant to Local Rule 9006-1(b)(3).

(2) Debtor’s Motion to Reduce Equal Monthly Plan Payment to Adequate Protection Payment Amount. (A) If the debtor moves to modify a plan under § 1329 to seek a reduction of a secured creditor’s Equal Monthly Plan Payment while paying administrative expenses allowed under § 330, a Notice of Postconfirmation Reduction of Equal Monthly Plan Payment (Local Form 2083-1-D) must be filed and served on the affected creditor(s). (B) The Notice of Postconfirmation Reduction of Equal Monthly Plan Payment shall fix the amount and number of payments during the period of payment of allowed administrative expenses under § 330. The reduced Equal Monthly Plan Payment amount shall accrue on the first day of the month following entry of the order approving the reduction in Equal Monthly Plan Payment.

(C) The deadline to object to a Notice of Postconfirmation Reduction of Equal Monthly Plan Payment shall be governed by the Fed. R. Bankr. P. 3015(h) and Local Rule 2083-1(j)(1). (l) Claims Review and Trustee’s Report of Claims. Not later than 60 days following expiration of the governmental claims bar date, debtor shall file and serve a declaration that all claims have been reviewed and that any appropriate objections have been filed and served. Not later than 60 days following the filing of debtor’s claims review declaration or 30 days following entry of an order confirming the plan, whichever is later, the trustee shall file and serve on all parties in interest a Trustee’s Report of Claims Page 35 of 163 (“TROC”) that lists all claims and how they are treated under the plan.

Any objection to the TROC must be filed within 21 days after service of the TROC. If there are no timely objections, the TROC will be deemed incorporated into the confirmation order and will be binding on parties. If a timely objection is filed, the objecting party shall forthwith set and notice the matter for a hearing. (m) Request for Discharge.

As soon as practicable after the completion of all payments under the plan, the trustee must file with the court and serve upon the debtor and debtor’s counsel a Notice of Completion of Plan Payments. If debtor’s counsel asserts unpaid fees or costs in a case, counsel must within 21 days of after service of the Notice of Completion of Plan Payments take the following actions: (1) file an objection to the Notice of Completion of Plan Payments, (2) file an appropriate application for allowance of such fees and costs, and (3) serve a notice of hearing on such application. Failure to timely comply with any of these requirements will result in a waiver of all such fees. Within 60 days after service of the Notice of Completion of Plan Payments, the debtor must file and serve a Verification and Request for Discharge in the form attached as Local Form 2083-1 on parties entitled to ECF notice, any party requesting notice, and any holder of a domestic support obligation.

If no written objection to the Verification and Request for Discharge is filed within 21 days after service thereof, the court may enter a discharge pursuant to § 1328(a) without further notice or hearing. Failure to follow the provisions set forth in this rule may result in the Court’s closure of the debtor’s bankruptcy case without the entry of a discharge. (n) Incurring Unsecured Debt or Debt Secured by Personal Property in a Chapter 13 Case. (1) The debtor may incur during the case unsecured consumer debt (i) up to an aggregate of $1,500 in a one-time credit or (ii) $1,000 in revolving credit with a balance owing never greater than $1,000, without written approval of the Page 36 of 163 trustee or an order of the Court.

The debtor may only incur consumer debt secured by personal property, regardless of the amount of debt, with approval of the trustee and/or an order of the Court as described hereafter. Any request to incur debt which requires a plan modification cannot be accomplished through this rule, unless otherwise ordered by the Court. (2) The debtor may incur consumer debt of the kind and in an amount greater than those specified in paragraph (1) only by either: (i) submitting to the trustee a request by written application, as described in paragraphs (3) and (4) below, and obtaining the trustee’s approval evidenced by an appropriate stipulated/agreed order filed on the Court’s docket, or (ii) if the trustee denies the written request, or the debtor otherwise so desires, filing with the Court a motion containing the information described in paragraphs (3) and (4) below and obtaining an order approving such motion. (3) The trustee will provide on the trustee’s website a prominently featured request form which must be used to request approval to incur consumer debt as set forth herein.

Completed request forms must be mailed, emailed, or uploaded to the trustee. Simultaneously, the debtor must complete and file a Notice of Request to Incur Debt in a Chapter 13 Case with the Court using the applicable ECF event. Unrepresented debtors may obtain a Notice of Request to Incur Debt in Chapter 13 Case form on the Court’s website which must be completed and filed with the Court. (4) In the exercise of the trustee’s discretion, the trustee may approve or disapprove any request to incur secured or unsecured consumer debt as contemplated by this rule.

The following conditions must at a minimum be satisfied Page 37 of 163 with the request: (i) submission to the trustee of a fully completed request form described in paragraph (3) above; (ii) the debtor must be current on plan payments; (iii) the debtor must have provided to the trustee evidence of income for the most recent 60 days (pay advices or profit and loss statements) and, if the debtor is self-employed, corresponding bank statements evidencing the income shown; (iv) the debtor must not be in material default under any term of a confirmed chapter 13 plan; (v) proposed amended schedules I and J must be provided to the trustee with the request and final amended schedules I and J must be filed with the Court no later than fourteen (14) days following entry of the order approving the request; and (vi) submission to the trustee any other information which the trustee deems necessary to consider the request. (5) Approval of the request to incur consumer debt shall be evidenced by filing of a stipulated/agreed order which shall be prepared and filed by the trustee no later than seven (7) business days after the debtor places a Notice of Request to Incur Debt in Chapter 13 Case on the Court docket; provided, however, by agreement of the parties the seven (7) day period may be extended dependent upon the circumstances of the request and additional information required by the trustee to evaluate the request. No request to incur debt will be considered approved without the entry of an order on the Court’s docket. The stipulated/agreed order must be endorsed by debtor’s counsel prior to entry of the order by the Court.

If trustee denies the request, the denial shall be entered Page 38 of 163 on the Court docket by the trustee no later than seven (7) business days, or such later time as agreed to by the parties, after the debtor files a Notice of Request to Incur Debt in a Chapter 13 Case on the Court docket. The debtor may then file a motion to incur such consumer debt, which motion shall include at a minimum the information required by the request form referenced in paragraph (3) above. Nothing in this rule shall preclude the debtor from filing a motion for approval to incur consumer debt with the Court without requesting approval from the trustee. (6) If the debtor seeks approval to incur consumer debt secured by personal property and all or a portion of the purchase price consists of a trade-in of collateral which is encumbered, a motion for approval to incur such debt must be filed with the Court on notice and a hearing.

(7) If the debtor seeks approval to incur consumer debt secured by personal property and all or a portion of the purchase price consists of a trade-in of collateral which is unencumbered, the trustee may approve such debt through the procedures set forth in paragraphs (4) and (5) above. Depending on the value of the trade-in collateral, the trustee may request debtor to file an amended schedule B and may seek a modification of the plan. In no event shall the trustee’s approval of the request to incur debt prejudice the trustee’s filing a motion to modify the plan in conjunction with the approval or at a future date. (8) The debtor shall provide the final transaction agreement or documentation to the trustee within three (3) days of closing of the transaction.

If the transaction documentation differs materially from the information provided to the trustee in the request form, the trustee may file a motion to dismiss the debtor’s case. (9) Attorneys’ fees in an amount not greater than $700 shall be allowed as part of the trustee approval process. Attorneys’ fees requested in an amount Page 39 of 163 greater than $700 must be sought by separate application filed with the Court. Page 40 of 163 RULE 2083-2 FORM (THE “PLAN”) PROVISIONS REGARDING USE OF OFFICIAL CHAPTER 13 PLAN (a) Allowance of Claims.

Except as otherwise specified in Part 3.2 of the Plan, the amount of all allowed claims to be paid through the Plan shall be determined using the applicable provisions of the Bankruptcy Code and the Bankruptcy Rules. A proof of claim must be timely filed or specifically allowed by an order of the court to receive any disbursements from the trustee under the Plan. (b) Trustee’s Percentage Fees. The trustee shall collect the statutory fee of 28 U.S.C. § 586(e) for any receipts received or disbursements actually or constructively made by the trustee under the Plan or pursuant to the Bankruptcy Code, the Local Rules, or a court order.

The calculation required by Part 4.2 of the Plan should be based on a trustee’s statutory fee of 10%, unless otherwise approved by the court. (c) Disbursements on Secured Claims. (1) The trustee shall make disbursements on a secured claim only if all the following conditions are met: (A) The Plan specifically provides that the trustee shall disburse on the secured claim; (B) The secured claim is allowed under §§ 502(a) and 506(a), meaning a secured proof of claim has been timely filed, or the claim has been allowed by court order; and (C) There is no pending objection or motion with respect to such proof of claim under Fed. R. Bankr. P. 3007 (objection to claim) or 3012 (motion to value collateral). Page 41 of 163 (2) All disbursements are subject to the trustee having received from the debtor sufficient payments under the Plan to enable the trustee to make such disbursements.

(3) If a secured creditor obtains relief from the automatic stay and that secured creditor’s claim is being paid by the trustee in the Plan, the order granting relief from the automatic stay should include language that the trustee shall make no further distribution on behalf of the secured claim. The order should also state that the creditor shall have 180 days from entry of the order granting relief from the automatic stay to file an unsecured deficiency claim or such creditor’s claim will be deemed to be paid in full for purposes of the Plan, unless otherwise ordered by the court. (d) Interest Accrual and Interest Rate on Secured Claims. Interest shall begin to accrue from the entry of the order confirming the Plan; however, interest may begin to accrue on an oversecured claim as of the petition date, if so designated in Part 8.1 of the Plan.

(1) If no interest rate is designated for a claim listed in Part 3.2 or Part 3.3 of the Plan, interest shall accrue at the rate set forth on line 9 of the filed proof of claim. If the proof of claim does not specify an interest rate, then interest shall accrue at 6% per annum on claims listed in Part 3.2 and Part 3.3. (2) If no interest rate is stated for a claim listed in Part 3.1 of the Plan, then no interest shall be paid by the trustee on such claim. (3) Any modification of interest rates stated in the Plan shall apply only to claims on which the trustee makes disbursement.

The contractual interest rate and the current installment payment portion of any claim listed in Part 3.1 of the Plan which the debtor pays directly shall remain unaltered. Page 42 of 163 (e) Order of Distribution. (1) The trustee shall first collect the trustee’s statutory percentage fee pursuant to 28 U.S.C. § 586(e) upon receipt of any payment made by the debtor or on the debtor’s behalf. The trustee shall pay allowed clams in the following order: Class 1: Adequate Protection Payments pursuant to Local Rule 2083- 1(d), Equal Monthly Plan Payments to secured creditors as stated in Part 3 of the Plan, or accrued interest, if greater than the Adequate Protection Payment or Equal Monthly Plan Payment.

Class 2: Attorney’s fees as provided for in Part 4.3 of the Plan until paid in full. Class 3: Priority Domestic Support Obligations under § 507(a)(1) until paid in full. Class 4: Other administrative expenses allowed under § 507(a)(2) until paid in full. Class 5: Other secured claims paid to be paid by the trustee for which the Plan does not provide Adequate Protection Payments or Equal Monthly Plan Payments.

Class 6: Other priority claims until paid in full. Class 7: Nonpriority unsecured claims as provided in Part 5 of the Plan. (2) If the Plan specifies Adequate Protection Payments or Equal Monthly Plan Payments (Class 1) to be paid to the holder of a secured claim, all accrued Class 1 monthly payments must be current through the date of distribution before the trustee may disburse to a junior class. However, Class 1 claims need not be paid in full prior to a junior class receiving distributions.

Page 43 of 163 (3) After payment of allowed attorney’s fees (Class 2), the trustee may, but is not required to, disburse to holders of Class 1 claims amounts greater than the stated monthly payment amount to facilitate the prompt administration of the case. (4) If the trustee has not received sufficient funds to pay the full monthly amount of the stated Adequate Protection Payments or Equal Monthly Plan Payments in Class 1, the trustee may make a pro rata distribution to each holder of a claim in Class 1. Adequate Protection Payments will be brought current before disbursements are made on Equal Monthly Plan Payments, and unpaid portions of Adequate Protection Payments or Equal Monthly Plan Payments from prior months will first be brought current before disbursements are made to a junior Class. (5) If the Plan does not provide for an Equal Monthly Plan Payment on a claim, the trustee shall distribute pro rata payments to the holder of such claim within the designated Class.

(f) Part 1.3 - Required Nonstandard Plan Provisions. (1) Adequate Protection Payments. If the debtor seeks to pay Adequate Protection Payments to holders of secured claims, the requirements of Local Rule 2083-1(d) apply. (2) Applicable Commitment Period.

The applicable commitment period for the Plan shall be stated in Part 8.1 of the Plan as a nonstandard provision. The debtor must include a statement indicating if the applicable commitment period of the Plan is 36 or 60 months, as determined by § 1325(b). The number of months listed in Part 2.1 for which the debtor will make regular payments is an estimate only; the applicable commitment period stated in Part 8.1 dictates the term of the Page 44 of 163 Plan. Any below median case may be extended as necessary not to exceed 60 months to complete the Plan payments.

(3) Direct Payment of Claims. If the debtor elects to pay a claim directly and that claim is not one which the Plan allows to be paid directly, the direct payment designation must be made in Part 8.1 of the Plan as a nonstandard provision. For all claims the debtor elects to pay directly, Local Rule 2083-2(i)(4) applies. (4) Third-Party Payment of Claims.

If the Plan provides that a nondebtor shall pay a claim directly, the third-party payment designation must be made in Part 8.1 of the Plan as a nonstandard provision. For all claims the Plan provides will be paid by a third-party, Local Rule 2083-2(k)(1) may apply. Upon request, the debtor must furnish the name and contact information for the third-party payor. (5) Lien Avoidance Under § 522(f).

If the debtor moves to avoid a lien under § 522(f), Local Rule 2083-2(j) applies. (6) Interest on Oversecured Claims. If the debtor proposes to pay an oversecured claim a nonstandard rate of interest or interest accruing prior to confirmation of the Plan, such nonstandard treatment must be specifically stated in Part 8.1 of the Plan, including the identity of the secured creditor and the proposed interest rate accrual. (7) Local Rules are Incorporated.

Each Plan shall include the following required nonstandard provision: “The Local Rules of Practice of the United States Bankruptcy Court for the District of Utah are incorporated by reference in the Plan.” (8) Declaration Regarding Tax Returns. Each plan must include a non- standard provision that the debtor has filed or will file within the time period Page 45 of 163 stated in § 1308(b)(1) tax returns for all taxable periods ending during the four- year period before the filing of the petition. (g) Part 3.1: Maintenance of post-petition payments and cure of default, if any. (1) The trustee shall make disbursements on allowed arrearage claims listed in Part 3.1 of the Plan.

The trustee will pay the amount of the arrearage stated in the proof of claim, unless modified by an amended claim or court order. If the column designated as “Monthly plan payment on arrearage” is left blank or is “zero,” the trustee will make pro rata disbursements on that arrearage claim. (2) Unless otherwise ordered by the court, the debtor shall maintain current contractual installment payments directly to the creditors listed in Part 3.1 of the Plan in accordance with the terms of the contract, beginning with the first payment due after the petition date. (3) The debtor may not modify the contractual rate of interest or monthly payment amount listed in Part 3.1 of the Plan.

Any interest rate stated in Part 3.1 of the Plan applies only to the pre-petition arrearages being paid by the trustee. (4) Current contractual installment payments due from the debtor may change due to an adjustable rate note, escrow requirements, etc. Notices of such payment changes shall be filed and served on the debtor in compliance with Fed. R. Bankr. P. 3002.1(b). (h) Part 3.2: Request for valuation of security, payment of fully secured claims and modification of undersecured claims. (1) The Plan must designate with the check box in Part 1.1 that Part 3.2 is being utilized.

Page 46 of 163 (2) Each creditor listed in Part 3.2 must be served with the Plan in compliance with Fed. R. Bankr. P. 3012(b) and such service must be evidenced by a separately filed certificate of service. Any Plan amendment or modification negatively affecting a creditor listed in Part 3.2 must similarly be served on such creditor in compliance with Fed. R. Bankr. P. 3012(b) and such service must be evidenced by a separately filed certificate of service. (3) If the debtor is seeking to value an allegedly wholly unsecured consensual lien against the debtor’s real property, and unless otherwise permitted by the Court, a separate motion or adversary proceeding must be filed prior to the first date fixed for a hearing on confirmation of the Plan. The debtor must comply with all applicable notice, service, and evidentiary requirements to obtain such relief.

A separate order must be filed by the debtor if the relief is granted. (4) Unless an objection is filed to confirmation of the Plan, the Court will fix the value of the collateral consistent with the debtor’s proffer of value in the Plan without further notice or hearing. A nongovernmental entity’s filing of a proof of claim asserting a collateral value higher than the debtor’s proffered value does not constitute an objection to confirmation. The allowed secured claim of such nongovernmental creditor shall be paid the lowest amount of the following: (a) the largest amount listed in either the “Value of Collateral” or “Amount of Secured Claim” columns listed in Part 3.2 of the plan, or (b) the secured amount asserted by the creditor in the allowed proof of claim, including any subsequent amendments or modifications; provided, however, that if any order of the Court fixes the value of the allowed secured claim, that amount shall be the “Value of Collateral” and the amount of the allowed secured claim to be treated under the plan.

(5) Allowed secured claims filed by a governmental unit shall be paid the Page 47 of 163 secured amount set forth on the proof of claim rather than the debtor’s proffer of value in the Plan. The debtor must comply with Fed. R. Bankr. P. 3012(c) to establish a lesser secured amount of a governmental unit’s claim. (6) The separately filed certificate of service identified in subparagraph (2) of this subsection is not applicable to any governmental entity creditor or to a creditor which (i) previously withdrew an objection to confirmation based on the debtor’s resolution of the objection or (ii) endorsed an order approving the plan treatment. If there is modification of the plan which impacts a creditor after that creditor withdraws its objection to confirmation or after it endorses an order approving its plan treatment, the requirement to file a separate certificate of service identified in subparagraph (2) shall apply.

(i) Part 3.3: Secured claims excluded from 11 U.S.C. § 506. (1) The secured claim of each creditor in Part 3.3 of the Plan which will be paid as a secured claim by the trustee shall be the secured amount listed in the allowed proof of claim, unless (a) modified by an amended claim, (b) modified by court order, or (c) such claim is secured by collateral of a type and subject to the time periods described in the “hanging paragraph” of 11 U.S.C. § 1325(a)(9), in which case the full amount of the claim will be treated as a secured claim and will be paid by the trustee accordingly. (2) The debtor may modify the interest rate and monthly payment amount for any secured claim listed in Part 3.3 of the Plan on which the trustee disburses payments. (3) If the debtor elects to directly pay a claim listed in Part 3.3 of the Plan, the contractual interest rate and monthly payment amount cannot be modified.

Page 48 of 163 (4) If the debtor elects to pay directly a claim listed in Part 3.3 of the Plan, the following conditions apply: (A) the debtor will pay the claim without any modifications to the terms of the contract; (B) upon entry of the Order Confirming the Plan, the automatic stay of § 362 and the co-debtor stay of § 1301 are terminated as to such collateral and the co-debtor’s obligation; (C) the claim will not be discharged; and (D) neither the court nor the trustee will monitor the debtor’s performance on direct payments to the creditor. (j) Part 3.4: Lien avoidance under 11 U.S.C. § 522(f). (1) The Plan must designate in the check box in Part 1.2 that Part 3.4 is being utilized. The Plan must also designate in the check box in Part 1.3 that the Plan contains a nonstandard provision in Part 8.1, which nonstandard provision shall state that the affected creditor will retain its lien until one of the conditions set forth in subparagraph (3) below is satisfied.

(2) Each creditor listed in Part 3.4 of the Plan must be served with the Plan in compliance with Fed. R. Bankr. P. 4003(d) and such service must be evidenced by a separately filed certificate of service. Any Plan amendment adding a creditor in Part 3.4 must similarly be served in compliance with Fed. R. Bankr. P. 4003(d) and such service shall be evidenced by a separately filed certificate of service. (3) Any creditor listed in Part 3.4 of the Plan shall retain its lien securing such claim until the earlier of (A) payment of the underlying debt determined under nonbankruptcy law, (B) discharge of the underlying debt under § 1328 or completion of the plan, at which time the lien will terminate and be released by the creditor, or (C) entry of an order granting a separate motion filed by the debtor seeking release of the lien for cause under § 349(b). Page 49 of 163 (4) For each creditor listed in Part 3.4 of the Plan, the debtor must complete and attach to the Plan Local Form 2083-2 (Form for Lien Avoidance Worksheet), specifically identifying the holders and amounts of liens senior to the lien(s) intended to be avoided.

(5) For any claim listed in Part 3.4 of the Plan, subparagraphs (4) and (5) of Local Rule 2083-2(h) apply. (6) Nothing in this Rule prevents the debtor from seeking to avoid a lien under § 522(f) by separate motion. (k) Part 3.5: Surrender of collateral. (1) Upon entry of the order confirming the Plan, the automatic stay under § 362 and the codebtor stay under § 1301 are terminated as to both the collateral and the co-debtor obligation.

The debtor shall immediately make the collateral being surrendered available to the secured creditor. (2) Creditors listed in Part 3.5 of the Plan shall have 180 days from entry of the confirmation order to file an amended claim for an unsecured deficiency or such creditor’s claim will be deemed paid in full. (l) Part 4: Treatment of Fees and Priority Claims. (1) Unless otherwise ordered by the court, if the Plan provides for interest on nonpriority unsecured claims, such interest shall also be paid on priority claims, other than an award of fees under § 507(a)(2).

(2) The calculation required by Part 4.2 of the Plan shall be based on a trustee’s statutory fee of 10%, unless otherwise ordered by the court. (3) The “balance of fees owed to the attorney for the debtor” referred to in Part 4.3 of the Plan shall be determined by subtracting any retainer received by debtor’s attorney from the allowed chapter 13 presumptive fee established by the court’s “Policies and Procedures” or other orders of the court. The total award Page 50 of 163 of attorney’s fees may not exceed the applicable presumptive fee absent compliance with notice and hearing requirements of the Bankruptcy Code, Bankruptcy Rules, and Local Rules. The presumptive fee shall provide compensation for legal services through (A) Plan confirmation; (B) the claims review process that does not require an actual contested hearing; (C) certification of the debtor’s completion of the postpetition instructional course concerning personal financial management; and (D) the final certification of readiness for discharge.

(4) Unless otherwise ordered by the court, if the debtor utilizes Part 4.5 of the Plan to pay a domestic support obligation owed to governmental unit in an amount less than the full amount, the creditor must affirmatively accept or endorse the treatment under the Plan. The Plan shall be served on such governmental unit in compliance with Fed. R. Bankr. P. 3012(b) and such service shall be evidenced by a separately filed certificate of service. (5) The allowed amount of any priority claim will be the amount stated in the filed proof of claim, unless modified by an amended claim, as determined under Fed. R. Bankr. P. 3012 or by other court order. (m) Part 5: Treatment of Nonpriority Unsecured Claims.

(1) Unless the Plan proposes 100% payment to all claims, the return to unse