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Rule 3015-1. Chapter 12 - General

Part III. Claims and Distribution to Creditors and Equity Interest Holders; Plans

            A.         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 G.

            B.         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 file a request for hearing.

            C.        Trustee Fee. Whether a Chapter 12 plan provides for payments to creditors directly or through the trustee, the debtor must pay the trustee a fee, for each year of the plan, equal to the percentage of all payments under the plan set by the Attorney General or its delegate under 28 U.S.C. § 586(e), or the dollar amount established by the court, whichever is less. See Appendix H.

            D.        Reports. The debtor must serve the trustee, within 30 days following a request thereof, periodic or annual reports necessary for the trustee to comply with 11 U.S.C. § 1231. The trustee may generate forms for the reports. On request, the trustee or the debtor will provide a copy of the reports to a party in interest. The trustee may charge a reasonable copy fee.

            E.         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 and no objections are filed. If the trustee does not file a consent, the debtor may file a request for hearing. Before the resistance deadline on the motion for discharge expires, the debtor must file the certification in Appendix I regarding domestic support obligations under 11 U.S.C. § 1228(a), or the case may be closed without a discharge. If the case is closed without discharge, to obtain a discharge, the debtor must file a motion to reopen, pay the associated filing fee, file the certification, and file a motion for discharge.