Local Rule 2082-1: CHAPTER 12- GENERAL

LOCAL RULE 2082-1: CHAPTER 12- GENERAL a. Filing of Plan. The Court's local form chapter 12 plan may be filed in a chapter 12 case in this District. Plans must be filed within the time limits set forth in 11 U.S.C. § 1221. If the local form plan is not used, the plan filed must state, conspicuously and in its first sentence, that the plan proposed is not presented in the format of the form plan.

b. Liquidation Analysis. The debtor must attach, as an exhibit, a liquidation analysis to the proposed plan.

c. Feasibility Analysis. The debtor must attach, as an exhibit to the plan, a feasibility analysis setting forth the feasibility of the plan which shall include, at a minimum, the following:

1. The projected income for the family farming or fishing operation during the year in which the debtor's first plan payment is due; 2. An itemized list of the sources of such income including the amount of property to be sold and the anticipated price per unit; 3. An itemized statement of the debtor's expenses of doing business and living costs; 4. The amount available for payment to the trustee under the terms of the confirmed plan; and 5. Any amount to be retained by the debtor for expenditure as operating capital in the ensuing year.

d. Pre-Confirmation Conference. A conference between the debtor, the attorney for the debtor, creditors, the trustee, equity security holders, and parties in interest shall be held at least fourteen (14) days before the hearing on confirmation of the debtor's plan. The purpose of the conference is to attempt to resolve objections to the plan and to narrow the issues for the Court. The trustee shall preside at the conference. Any amended plan resulting from the conference must be filed with the Court and served on the trustee and all creditors and equity security holders at least seven (7) days before the hearing on confirmation of the debtor's plan, in order to be considered at the confirmation hearing.

e. Summary of Operations. At least seven (7) days before the meeting of creditors, the debtor shall serve on the trustee a completed summary of operations in a form to be provided by the trustee to the debtor after commencement of the case.

f. Discharge Following the Completion of Plan Payments. As soon as practicable following the completion by the debtor or trustee of all payments under a confirmed plan, the debtor shall file a Certification of Plan Completion and Request for Discharge. The certification shall state whether the debtor has made all payments due under the plan. In the case of an individual debtor, the certification shall state whether the debtor is required to file the statement set forth in Fed. R. Bankr. P. 1007(b)(8). The certification shall be served by the debtor on all creditors and the trustee. Any party objecting to granting the debtor a discharge under 11 U.S.C. § 1228(a) shall, within fourteen (14) days after service of the Certification of Plan Completion and Request for Discharge, serve an objection upon the debtor, debtor's counsel, and the trustee and file the objection with the Court.

Notes:

(2020) Paragraph (h) is new.