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Rule 2080-1. Chapter 9

Part II. Officers and Administration; Notices; Meetings; Examinations; Elections; Attorneys and Accountants

            A.     Notices, Claims Bar Date, List of Creditors, Fees.

 1.         Notices. When a petition is filed under Chapter 9 of the Bankruptcy Code, the clerk will serve the debtor a notice conforming to Appendix F (the “Chapter 9 Notice”). The debtor must immediately serve the Chapter 9 Notice on all parties in interest. The debtor must file a certificate of service at least seven days before the last date to file a resistance to the petition. All notices required by Fed. R. Bankr. P. 2002(a)(2), (3), and (7) must be served on the committee(s) or its authorized agents and to the creditors who filed a request for notice.

2.         Claims Bar Date. If the debtor applies for a claims bar date in the petition and the application is granted, the debtor must include the established claims bar date in the Chapter 9 Notice.

3.         List of Creditors. The debtor must file the list of creditors required by 11 U.S.C. § 924 within 14 days of the petition date unless otherwise ordered by the court. The list must state the creditor’s name and address, the amount of the claim, and whether the claim is disputed, contingent, or unliquidated.

4.         Fees. The debtor’s disclosure statement and plan must contain a detailed good faith estimate of fees and expenses under 11 U.S.C. § 503(b), priorities under 11 U.S.C. § 507(a), and the reasonableness of the expenses under 11 U.S.C. § 943(b)(3).

            B.    Publications. After a petition is filed, the debtor must immediately publish notice of the commencement of the case and notice of the order of relief. The last date of the publication must not be less than 14 days before the last day to file resistances to the petition. All publications required by 11 U.S.C. § 923 must be in The Wall Street Journal, Lincoln Journal Star, and the Omaha World-Herald, unless the debtor requests otherwise in the petition and the court approves the request. The debtor must file proofs of publication no later than 14 days after the last publication.

            C.     Resistances to Petition and Order for Relief. A party in interest may file a resistance to the petition, stating supporting facts and law, no later than 45 days after service of the Chapter 9 Notice. The resisting party must serve the resistance on the debtor. If the resistance is timely filed, the court will schedule a hearing. The resisting party must serve the hearing notice on all other parties in interest.

            D.    Plan of Adjustment and Disclosure Statement. The debtor must serve the plan of adjustment and disclosure statement no later than 90 days after the creditors’ committee is appointed. The court may extend the time for good cause. Fed. R. Bankr. P. 2002(b) applies to the disclosure statement and plan of adjustment, except regarding pre-approved plans under Local Rule 2080-1(E).

            E.   Pre-Approved Plans. If the debtor proposes a plan of adjustment which, before the petition was filed, was accepted by more than two-thirds in amount and one-half in number of creditors, the petition must contain a request for consolidated hearing to consider resistances to the petition, resistances to the adequacy of the disclosure made under 11 U.S.C. § 1126(b)(2), and resistances to the confirmation of the plan.