Requests for Payment of Unclaimed Funds
U.S. Bankruptcy Court for the District of Nebraska
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Anyone entitled to money held by the court under 11 U.S.C. § 347(a), or Fed. R. Bankr. P. 3010, or 3011, must file a request for payment of unclaimed funds, following the procedures available in the clerk’s office and on the court’s website. 5 Rule 3015-1. Chapter 12 - General A. Confirmation Requirements. The requirements of 11 U.S.C. §§ 1225(a)(4), 1225(a)(5)(B) - (C), and 1225(a)(6) - (7) are not satisfied unless a Chapter 12 plan contains the information in Appendix C. B. Trustee’s Consent.
The court will not confirm a Chapter 12 plan unless the trustee files a consent to confirmation. The trustee does not have to file the consent unless the debtor provides the trustee a plan summary. If the trustee does not file a consent, the debtor may seek relief by filing a request for hearing.
C. Trustee Fee.
Whether a Chapter 12 plan provides for payments to be made to creditors directly or through the Chapter 12 trustee, the debtor must pay the Chapter 12 trustee a fee, for each year of the plan, as stated in 11 U.S.C. § 326(b). For Chapter 12 trustee compensation, the notice and hearing requirement of 11 U.S.C. § 330 can be met through the plan confirmation process.
D. Discharge.
The court will discharge the debtor in a Chapter 12 case only if the debtor files a motion for discharge and the trustee files a consent. By filing the consent, the trustee represents all conditions precedent to discharge are completed. If the trustee does not file a consent, the debtor may seek relief by filing a request for hearing. Before the resistance deadline on the motion for discharge expires, the debtor must file a certification regarding domestic support obligations under 11 U.S.C. § 1228(a) (Local Form NEB 3015-1(D , or the case may be closed without a discharge.