Chapter:
Part III. Claims, Distribution, and Plans
- 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.
- 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.
- 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.
- 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.