Chapter:
Part III. Claims, Distribution, and Plans
- Debtor Certification. In all individual Chapter 12 or Chapter 13 cases, for all plans, the debtor must file the certification in support of confirmation (Local Form NEB 3015-3(A)) at least 7 days before the objection to confirmation deadline. If the certification is not filed, the court may deny confirmation. The debtor may not file the certification before the applicable plan is filed.
- Objections to Confirmation and Response. In Chapter 12 and Chapter 13 cases, if an objection to confirmation is timely filed, the court may without further notice or hearing, deny confirmation or dismiss the case for failure to confirm a plan or for unreasonable delay prejudicial to creditors, unless the debtor files a response to the objection within 14 days after the objection to confirmation deadline.
- Request for Confirmation Trial. In Chapter 12 and Chapter 13 cases, the court will set a confirmation trial only if the request for confirmation trial (Local Form 3015-3(C)) is filed. The court will consider only issues specifically identified in the plan objection and response. A request for confirmation trial must be filed within 30 days in a Chapter 12 case, or 70 days in a Chapter 13 case, after the debtor’s deadline to respond to a plan objection. If the certification and request for trial is not timely filed, the court will deny confirmation and may, without further notice or hearing, dismiss the case for failure to confirm a plan and unreasonable delay prejudicial to creditors.
- Settlements Resolving Plan Objections. A settlement resolving a plan objection which may affect other creditors must be sought through an amended plan. The court will not approve any settlement or amended plan requiring post-petition arrearages on home mortgage claims under Part 6 of the plan, or post-petition arrearages on any direct pay obligation under the plan, to be paid through the plan by the trustee. The court may confirm the plan along with the terms of a settlement if its terms will not affect other creditors’ treatment under the plan, if it is approved by the trustee, the objecting parties, and the debtor(s), and if it contains the statement: "The signing parties reviewed this settlement and after due consideration certify to the best of their knowledge and belief the modifications to the plan by the settlement will not delay or reduce payments to, or have any other measurable effect on other creditors."
- Plan Amendments. In cases under Subchapter V of Chapter 11, Chapter 12, or Chapter 13, an amended plan filed before a plan is confirmed supersedes any previously filed plan. No resistance deadline may be set for an amended plan for a date earlier than 14 days after the meeting of creditors is concluded.
- Redline Version. For any amended plan in cases under Subchapter V of Chapter 11 and under Chapter 12, the debtor must file, under the event Notice of Modified / Amended Plan, but need not serve, a version of the amended plan with all changes clearly and conspicuously indicated by track changes, redline, or similar method.
- Tax Returns. If the debtor does not comply with Title 26 of the United States Code or applicable state tax code, absent a showing of good cause, it is a material default of a confirmed plan. The requirements of this section include returns or liabilities for which the debtor is a responsible party under 26 U.S.C. § 6672 or similar state laws.