Local Rule RULE 1095-1: SUBCHAPTER V POST-CONFIRMATION MATTERS

RULE 1095-1 SUBCHAPTER V POST-CONFIRMATION MATTERS

(a) Post-Confirmation Requirements for Nonconsensual Plans.

(1) The debtor shall provide periodic reporting to the Subchapter V trustee detailing the status of the debtor's operations and to ensure plan compliance as set forth in the confirmation order.

(2) The debtor shall provide written notice to the Subchapter V trustee of any significant after-acquired property within thirty (30) days of acquiring such property.

(3) In cases in which the Subchapter V trustee is acting as the disbursing agent, the Court may require the trustee to file periodic post-confirmation reports. The form, content, and frequency of any post-confirmation reports may vary depending upon the reporting requirements that are specified in the confirmed plan, the plan confirmation order, and/or local rule or practice.

(4) If the debtor acts as the disbursing agent, the Court may require the debtor to file periodic post-confirmation reports. The form, content, and frequency of any post-confirmation reports may vary depending upon the reporting requirements that are specified in the confirmed plan, the plan confirmation order, and/or local rule or practice.

(5) If the debtor fails to comply with the requirements of a confirmed nonconsensual Plan, the Subchapter V trustee may file a notice of noncompliance detailing such failures.

(6) After confirmation of a nonconsensual Plan, the Subchapter V trustee may file a monthly notice of post-confirmation fees and expenses related to the trustee's services under the confirmed plan. If no objection is filed within fourteen (14) days of the filing of the fee notice, then the debtor shall promptly pay the balance due to the Subchapter V trustee.

(b) Notice of Substantial Consummation. The debtor shall file a Notice of Substantial Consummation and serve it upon the Subchapter V trustee, the U.S. trustee, and all parties-in-interest within fourteen (14) days following substantial consummation as required under 11 U.S.C. § 1183(c)(1) and (2).

(c) Discharge and Case Closure Process-Consensual Plan.

(1) If a case has been confirmed under 11 U.S.C. § 1191(a) and the debtor is an individual, then the Court may enter the discharge immediately after entry of the confirmation order.

(2) Within ninety (90) days of the debtor filing a Notice of Substantial Consummation, the Subchapter V trustee shall file (a) a final application for compensation and (b) the applicable Report of No Distribution ("NDR") or Final Report ("TFR").

(3) Within thirty (30) days of the filing of the Subchapter V trustee's NDR or TFR, the debtor shall file a motion for final decree.

(4) Upon entry of a final decree, the Subchapter V trustee is discharged as the trustee of the estate, the Subchapter V trustee's bond is cancelled, and the case may be closed.

(d) Discharge and Case Closure Process-Nonconsensual Plan.

(1) Upon completion of Plan payments, the disbursing agent as set forth in the confirmed Plan or confirmation order shall file a notice of completion of plan payments.

(2) Within ninety (90) days of the filing of the notice of Plan completion, the Subchapter V trustee shall file (a) a final application for compensation and (b) the NDR or TFR.

(3) Within thirty (30) days of the filing of the Subchapter V trustee's NDR or TFR, the debtor shall file a motion for entry of discharge and a motion for final decree. In the motion for entry of discharge, the debtor shall certify that (1) all payments required under the confirmed plan have been made, (2) all administrative expenses including the approved fees and expenses of the Subchapter V trustee have been paid in full, and (3) that the debtor is entitled to entry of discharge. If no motion for entry of discharge is filed, the case may be closed without entry of a discharge after the trustee files the NDR or TFR.

(4) Upon entry of a final decree, the Subchapter V trustee is discharged as the trustee of the estate, the Subchapter V trustee's bond is cancelled, and the case may be closed.