You are here

RULE 2080-1. CHAPTER 9

Chapter: 
PART II. OFFICERS/ADMINISTRATION; NOTICES; MEETINGS; EXAMINATIONS; ELECTIONS; ATTORNEYS/ACCOUNTANTS

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

1.         Notices.

a.         After the filing of a petition under Chapter 9 of the Bankruptcy Code, the Clerk’s office shall serve on the attorney for the debtor a “Notice of Commencement of Case Under Chapter 9, Notice of Automatic Stay, Notice of Time for Filing Resistances to the Petition, Order for Relief, Notice of Time for Filing Proofs of Claims, and Related Orders Combined with Notice Thereof” (“Chapter 9 Notice”).  The Chapter 9 Notice shall conform to Neb. Official Form 9-1, which is set forth on Appendix "F."  The debtor shall immediately serve a copy of the Chapter 9 Notice on all parties in interest.  The debtor shall file with the Court proof of service of the Chapter 9 Notice at least seven days before the last date for filing of resistance to the petition.

b.         All notices required by subdivisions (a)(2), (3), and (7) of Fed. R. Bankr. P. 2002 shall be served on the committee(s) or its authorized agents and to the creditors who file with the Court a request that all notices be served on them.

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

3.         List of Creditors.  The list of creditors required by 11 U.S.C. § 924 shall be filed within 14 days of the petition date unless otherwise ordered.  The list shall include the name and address of the creditor, the amount of the claim, and whether the claim is disputed, contingent, or unliquidated.

4.         Fees.  To enable the Court to determine administrative expenses allowable under 11 U.S.C. § 503(b), priorities under 11 U.S.C. § 507(a), and reasonableness of such expenses under 11 U.S.C. § 943(b)(3), the debtor shall disclose a detailed good faith estimate of such fees and expenses in the disclosure statement and the plan.

B.       Publications.

1.         Unless otherwise requested by the debtor in the petition and ordered by the Court after notice and hearing, all publications required pursuant to 11 U.S.C. § 923 shall be made in The Wall Street Journal, Lincoln Journal Star, and the Omaha World-Herald.  The debtor shall file with the Court proofs of publication no later than 14 days after the last publication.

2.         After a petition is filed, the debtor shall immediately cause to be published the notice of the commencement of the case and notice of the order of relief as required by 11 U.S.C. § 923.  The last date of the publication of such notice shall not be less than 14 days prior to the last day to file resistances to the petition.

C.        Resistances to Petition and Order for Relief.  Resistances to the petition may be filed by a party in interest no later than 45 days after the service of the Chapter 9 Notice to all creditors, special taxpayers, and other parties in interest.  Resistances shall be filed with the Clerk and served on the attorney for the debtor.  All resistances shall state the facts and legal authorities in support of such resistance.  If a timely resistance to the petition is filed with the Court, the Court will schedule a hearing and order the resisting party to give proper notice to all parties in interest of the hearing on the resistance.

D.        Plan of Adjustment and Disclosure Statement.

1.         The Plan of Adjustment and Disclosure Statement shall be filed no later than 90 days after the creditors’ committee is appointed.  The Court may extend such time for good cause shown.

2.         The requirements of Fed. R. Bankr. P. 2002(b) apply to the Disclosure Statement and Plan of Adjustment, except with regard to pre-approved plans.  See Neb. R. Bankr. 2080-1(E).

E.         Pre-Approved Plans.  If the debtor is proposing a Plan of Adjustment which was accepted by more than two-thirds in amount and one-half in number of the creditors prior to the filing of the petition, then the debtor’s petition shall also include a request for consolidated hearing to consider resistances to the petition, resistances to the adequacy of the disclosure made pursuant to 11 U.S.C. § 1126(b)(2), and resistances to the confirmation of the plan.  If the request is approved, the notice and service requirements of Neb. R. Bankr. P. 9013-1 apply.