Part III - Proof of Claim, Chapters 12, 13, 11 Plan/Confirmations

3002-1      PROOFS OF CLAIM AND NOTICES RELATING TO CLAIMS SECURED BY SECURITY INTEREST IN THE DEBTOR’S PRINCIPAL RESIDENCE
 
(A) NOTICE OF ADJUSTMENT TO PAYMENT AMOUNT. In a Chapter 13 case, if a claim secured by a security interest in the debtor’s principal residence is provided for under the debtor’s plan, pursuant to 11 U.S.C. § 1322(b)(5), the holder of the claim shall file and serve on the debtor, debtor’s counsel, and the standing Chapter 13 trustee notice of any post-petition adjustment to the regular contractual payment amount for the claim, including any change that results from adjustments to the interest rate or escrow account, no later than thirty-five (35) days before a payment at the adjusted amount is due. The holder of the claim shall also amend the holder’s proof of claim to include the notice as a supplement to the proof of claim. This notice shall not be subject to Rule 3001(f) of the Federal Rules of Bankruptcy Procedure. Service of this notice on the trustee, the debtor, or debtor’s counsel is not a violation of the automatic stay provided by 11 U.S.C. §362.
 
(B) FORM AND CONTENT. A notice filed under subdivision (a) of this local rule shall conform substantially to the form of notice under applicable non-bankruptcy law and the underlying agreement that would be given if the debtor were not a debtor in bankruptcy.
 
(C) PAYMENT BY TRUSTEE. Upon receipt of a notice filed under subdivision (a) of this local rule, the standing Chapter 13 trustee and the debtor are authorized to object to the adjustment in payment amount, or the Trustee is further authorized to disburse the adjusted payment amount when due without seeking a formal modification of the plan. If the disbursement of the adjusted payment amount causes the plan to fail to meet the minimum standards for confirmation set forth in 11 U.S.C. § 1325, then the standing Chapter 13 trustee or the debtor may seek a modification of the plan pursuant to 11 U.S.C. § 1329, or file a motion to dismiss or convert the case into a case under Chapter 7 of the Bankruptcy Code.
 
(D) SUPPLEMENTAL INFORMATION IN PROOF OF CLAIM. In a Chapter 13 case, with respect to a claim secured by a security interest in the debtor’s principal residence, a proof of claim filed by the holder of the claim shall include the
following information in addition to the information required by Rule 3001 of the Federal Rules of Bankruptcy Procedure:
(1) All missed pre-petition payments, including the dates of the missed payments, along with a total dollar amount resulting therefrom;      
(2) An escrow account balance, including any funds advanced by the creditor on behalf of the debtor as of the date the petition was filed, unless already included in (d)(1);
(3) if the claim includes interest, fees, expenses, or other charges incurred pre-petition, an itemized statement of any such interest, fees, expenses, or other charges;
(4) if any amounts paid by the debtor pre-petition to the holder of the claim pre-petition are maintained or held by the creditor in any account and not applied, a statement of such account(s) as of the date of the petition;
(5) a total of all pre-petition debt not included above, with a breakdown of each of the items included therein; and
(6) the total of items (1) through (5) above.
 
(E) NOTICE OF FEES, EXPENSES, AND CHARGES. In a Chapter 13 case, if a claim secured by a security interest in the debtor’s principal residence is provided for under the debtor’s plan, pursuant to 11 U.S.C. § 1322(b)(5), the holder of the claim shall file and serve on the debtor, debtor’s counsel, and the standing Chapter 13 trustee a notice that itemizes all post-petition fees, expenses, and charges incurred in connection with the claim and that the holder of the claim asserts are recoverable against the debtor or against the debtor’s principal residence under any applicable contract or non-bankruptcy law. This notice shall be filed and served no later than one (1) year after the date when the fees, expenses, or charges are incurred. The holder of the claim shall also amend the holder’s proof of claim to include the notice as a supplement to the proof of claim no later than one (1) year after the date when the fees, expenses, or charges reflected on the notice are incurred. This notice shall not be subject to Rule 3001(f) of the Federal Rules of Bankruptcy Procedure. Service of this notice on the trustee, the debtor, or debtor’s counsel is not a violation of the automatic stay provided by 11 U.S.C. §362.

(F) FAILURE TO FILE REQUIRED NOTICES. If the holder of a claim secured by a security interest in the debtor’s principal residence that is provided for under the debtor’s plan fails to timely provide the information required in subdivisions (a), (d), and (e) of this local rule, the holder shall be precluded from presenting the omitted information, in any form, as evidence in any hearing on a contested matter or adversary proceeding in the case, unless the court determines that the failure was substantially justified or is harmless. In addition to or in lieu of this sanction, the court may, after notice and hearing, award other appropriate relief, including reasonable expenses and attorney’s fees caused by the failure.

 
 
3015(a)-1      CHAPTER 12-PLAN
 
A. Filing a Chapter 12 Plan. When a Chapter 12 Plan is filed, the plan shall be submitted to the Clerk of Court. The petitioner must also comply with L.B.R. 1002-1. A Chapter 12 Plan must be filed within ninety (90) days of the date the petition was filed unless the court extends the time.

B. Liquidation Analysis. Under Section 1225(a)(4) of Chapter 12, the debtor must be able to prove at the hearing on confirmation of the Plan that the amount that will be distributed under the Plan for each allowed unsecured claim is not less than the amount that would be paid on the claim if the debtor were liquidated under Chapter 7. The debtor shall prepare an accurate analysis of the liquidation value of all of the property of the debtor's estate which the debtor shall present to the Chapter 12 Trustee at the Section 341 meeting. The liquidation analysis should also be filed in the case record on or before confirmation of the Plan.
 

3015(a)-2      CHAPTER 12-CONFIRMATION

The order fixing the confirmation hearing will be issued by the Clerk of Court who will mail a copy to the attorney for the debtor(s) or to the debtor(s). Within seven (7) days after entry of the order, the attorney for the debtor(s) or the debtor(s) shall  ail a copy of the chapter 12 Plan and a copy of the order to all creditors and other parties in interest. If the debtor amends the Plan preconfirmation, a copy of the amended Plan shall be filed with the court and shall contemporaneously be mailed to all creditors and parties in interest. Objections to confirmation must be filed in writing and served on the debtor, debtor’s attorney and Trustee at least seven (7) days prior to the confirmation hearing.

 

3015(a)-3      CHAPTER 12 - AMENDMENTS TO PLANS

The attorney for the debtor shall send notice of such modification, accompanied by a copy or summary of the proposed modification, to the Trustee and to all creditors affected by the modification. The notice shall advise that any objections to the  roposed modification shall be filed by written pleading with the court and the Trustee within twenty-one (21) days of mailing of the notice and that a hearing will be held on a specific date if, and only if, such objection is filed. A copy of the notice, including a certificate of mailing, shall be filed with the proposed modification. If no objections are timely filed, the court may approve the Plan as modified.

 

3015(b)-1      CHAPTER 13-CONFIRMATION

Objections to confirmation must be filed in writing and served on the debtor, debtor's attorney and Trustee at least seven (7) days prior to the confirmation hearing.


 
3015(g)-1      CHAPTER 13-AMENDMENTS TO PLANS
 
A. Prior to Confirmation. The debtor may file a modification of the Chapter 13 Plan at any time before the Plan is confirmed, in accordance with Section 1323(a). The attorney for the debtor shall send notice of such modification to the trustee and to all creditors affected by the modification. A copy of the notice, including a certificate of mailing, shall be filed with the modification.

B. After Confirmation Pursuant to Section 1329. The attorney for the debtor shall send notice of such modification, accompanied by a copy of summary of the proposed modification, to the Trustee and to all creditors affected by the modification. The notice shall advise that any objections to the proposed modification shall be filed by written pleading with the court and the Trustee within twenty-one (21) days of mailing of the notice and that a hearing will be held on a specific date if, and only if, such objection is filed. A copy of the notice, including a certificate of mailing, shall be filed with the proposed modification. If no objections are timely filed, the court may approve the plan as modified.
 
 
3016-2      DISCLOSURE STATEMENT-GENERAL
 
A disclosure statement normally should include:
  1. A full statement of the events leading up to the filing of the petition;
  2. A description of assets and a valuation of same;
  3. Financial statements (both income statement and balance sheet) in reasonable detail;
  4. Financial forecasts (both income and cash flow) in sufficient detail and with sufficient background data (such as assumptions on which the forecasts are based) to enable the reader to judge the likelihood of a successful reorganization;
  5. Description of the classes established in the plan and a summary of the plan;
  6. A comparison of the estimated return to creditors, (a) if the case were converted to a case under Chapter 7, and (b) if the reorganization were approved;
  7. A comparison of estimated administrative expenses: (a) if the case were converted to a case under Chapter 7, and (b) if the reorganization were approved;
  8. Full disclosure concerning future management of the debtor and compensation to be paid management;
  9. Any anticipated future litigation, including preference and fraudulent conveyance avoidance litigation; and a statement of whether the debtor knows of any preference or fraudulent conveyance actions that will not be pursued;
  10. Significant tax attributes of the debtor. When appropriate to the case, additional items may be needed, some items in the above list may be supplemented, and some items may be omitted.
A. Disclaimers. Disclaimers of accuracy or responsibility for items in a disclosure statement may be considered as failure to provide information on the issue disclaimed.

B. References to Schedules. References to schedules filed in a case or to information found in the case record are not considered to be the disclosure of information. Information sufficient to satisfy the requirement of the Code must be found within the disclosure statement itself.

 
3020-1      CHAPTER 11-CONFIRMATION

Objections to confirmation must be filed with the court and served on the debtor, the United States Trustee, the trustee serving in the case (if any), any committee appointed under the Code, and the proponent of the plan (if other than the debtor or  committee mentioned herein) at least seven (7) days prior to the confirmation hearing.