PREPACKAGED CHAPTER 11 CASES

U.S. Bankruptcy Court for the Southern District of Indiana

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

Rule: B-2081-2

Jurisdiction: SDINB

Bluebook Citation: Bankr. S.D. Ind. R. B-2081-2

All Rules: Bankr. S.D. Ind. Local Bankruptcy Rules, complete index


Text

If a Chapter 11 Debtor has solicited and obtained votes on a proposed plan before filing the case, and the Debtor seeks confirmation of that plan promptly after filing and without prior approval of a disclosure statement, the Debtor shall file a motion for authority as a "first day motion" under S.D.Ind. B-9013-3, seeking expedited scheduling of the confirmation hearing. If the motion seeking expedited scheduling is granted, the Debtor shall file as separate documents the proposed plan, the pre-petition solicitation document, and a report on voting. 26 | P a g e B-3001-1.

PROOF OF CLAIM (a) Method of Filing A proof of claim shall substantially conform to Official Forms 410, 410A, 410S1, and 410S2 available on the Court’s website. Registered users of CM/ECF shall file claims electronically. Entities not authorized or required to file documents electronically may file claims either on paper or by using the Court’s electronic proof of claim option (“ePOC/eWOC”), found on the Court’s website, and shall comply with S.D. Ind. B-5005- 1(c).

(b) Redaction of Personal Identifiers A claimant shall redact all personal identifiers on the proof of claim and attached documents filed with the Clerk as required by Fed.R.Bankr.P. 9037. (c) Wage Claimant A proof of claim for wages or salary shall include only the last four digits of the claimant’s SSN or ITIN. The claimant shall provide the trustee or the Debtor the full SSN or ITIN and a telephone number. B-3002.1-1.

ADDITIONAL NOTICE REQUIREMENTS FOR MORTGAGE LENDERS IN CHAPTER 13 (a) Notice of Mortgage Payment Change and of Fees, Expenses, and Charges A creditor with a claim secured by real estate shall comply with Fed.R.Bankr.P. 3002.1(b) and (c), even if the real estate is not the Debtor’s principal residence. (b) Motion to Determine Validity of Mortgage Payment Change A party in interest who objects to the payment change may file a Motion to Determine Validity Mortgage of Payment Change. If no motion is filed by the day before the new amount is due, the change goes into effect, unless the Court orders otherwise. (c) Notice of Change in Servicer If the mortgage servicer changes while the bankruptcy is pending, the mortgage holder shall file with the Court and serve upon the Debtor and the trustee a notice providing the name of the servicer, the payment address, a contact phone number, and a contact email address.

27 | P a g e B-3006-1. WITHDRAWAL OF PROOF OF CLAIM (a) Notice of Withdrawal Use of the Notice of Withdrawal of Claim ECF event serves as the filer’s certification that the claim may be withdrawn as of right under Fed.R.Bankr.P. 3006(a) and without a Court order. A party in interest may challenge the filing of the Notice of Withdrawal of Claim by filing a Motion to Strike. A Notice of Withdrawal of Claim factually unsupported by the record is effective upon filing unless the Court orders otherwise.

(b) Motion to Withdraw A party that files a motion to withdraw a proof of claim that it previously filed shall provide the Debtor, a trustee, a creditors’ committee, the UST, the affected creditor, and an entity that objected to the claim, if applicable, a 21-day Objection Notice. Along with the motion, the claimant shall file the notice and a Certificate of Service. The motion, notice, and Certificate of Service may be combined into one document, a sample of which is available on the Court’s website.

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