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(B) A schedule listing each debt, the total amount required to be paid under the plan, the amount required to be paid to date, the amount actually paid to date, and the amount unpaid;
(C) A schedule of executory contracts entered into after plan confirmation;
(D) A statement listing each postpetition tax (i.e., income, payroll, property, sales), and payee and the amount actually paid;
(E) The progress toward completion of the confirmed plan and a list and status of any pending adversary proceedings or motion and resolution expected; and
(F) A statement regarding the status of payment of both pre-confirmation and post confirmation United States trustee quarterly fees.
Pursuant to LR 3022, a final decree may be entered on _____________.”
(b) Report(s) by debtor required in order confirming plan. Failure to timely file the initial and subsequent reports may constitute cause pursuant to 11 U.S.C. § 1112(b) for conversion to a case under chapter 7 or for dismissal.
LR 3022. CHAPTER 11 - FINAL REPORT/DECREE.
Unless otherwise provided in the plan or by order of the court, or there are pending contested matters or adversary proceedings, a case shall be deemed to be fully administered six (6) months after confirmation of a plan and a final decree may thereafter be entered by the clerk.
LR 4001. AUTOMATIC STAY - RELIEF FROM; CASH COLLATERAL.
(a) Motions for relief from automatic stay.
(1) Unless otherwise ordered by the court, hearings on matters under 11 U.S.C. §§ 362(d) and 363(e) shall be held on not less than twenty (20) days notice. Notice of a Motion for relief from automatic stay must be served upon any lien holder who has requested notice pursuant to state law.
(2) All motions for relief from the automatic stay shall have attached as Exhibit A a § 362 information sheet, which shall be signed by counsel and/or the moving party. All pleadings or papers shall contain a motion control number assigned by the clerk.
(3) It shall be the duty of the party seeking relief from the automatic stay to set a hearing within thirty (30) days of the filing of the motion. Failure to do so shall be deemed a waiver of 11 U.S.C. § 362(e). Any stipulation to continue such motion, or any continuance sought by the moving party, shall, unless otherwise ordered by the court, constitute a waiver of the provisions of 11 U.S.C. § 362(e). Any opposition must be in conformance to LR 9014.
(4) Unless otherwise ordered by the court, a properly completed § 362 information sheet will satisfy the requirements for a statement of facts and legal memorandum in cases under chapters 7 and 13.
(5) Motions for relief from stay will not be considered unless moving counsel certifies that an attempt has been made to confer with debtor(s)’ counsel, or with debtor(s) if in proper person, no later than two (2) business days prior to the filing of the motion, and that after sincere effort to do so, counsel has been unable to resolve the matter without court action. Said certification will be set forth in the § 362 information sheet.
(b) Motions for use of cash collateral or to obtain credit. Motions for use of cash collateral or to obtain credit to be heard on less than twenty (20) days notice shall be accompanied by affidavits of the moving party setting forth the nature and extent of the immediate and irreparable harm which will result in the event the request is not granted and will conform with the requirements to obtain an order shortening time in conformity to LR 9006.
(c) Motion for interim orders or approval of agreements. Motions for orders under Fed. R. Bank. P. 4001 (d) or approval to pay or honor pre-petition debts or transactions shall state with particularity the magnitude of the proposed transaction involving property of the estate and its impact upon unsecured creditors of the estate. Where the debtor seeks to pay pre-petition obligations, the motion shall identify the relative priority of the claim as if it were not paid. All orders approving interim transactions must contain the following provision: “PAYMENTS AUTHORIZED BY THIS ORDER ARE NOT EXEMPT FROM SUBSEQUENT OPERATION OF 11 U.S.C. §§ 547, 548, 549 and 550.”
LR 4003. EXEMPTIONS.
(a) Objection to exemptions. Objections to exemptions must specifically state the grounds supporting the objection.
(b) Hearing. The objecting party shall set a hearing on not less than twenty (20) days notice to the debtor, the debtor’s attorney, and the trustee, or the United States trustee in a chapter 11 case.
LR 4004. DISCHARGE - NOTICE.
The debtor or debtor’s attorney shall serve by mail the trustee, all creditors and other parties in interest a copy of the Order of Discharge of Debtor within ten (10) days after the entry of the Discharge of Debtor. Evidence of the mailing shall be made by the filing of a certificate or affidavit of service within five (5) days of mailing.
LR 4007. DETERMINATION OF DISCHARGEABILITY OF A DEBT.
(a) Form order setting deadline for filing a complaint pursuant to 11 U.S.C. § 523(c) and Fed. R. Bank. P. 4007(d). When the debtor or debtor’s attorney submits a motion for a hardship discharge under 11 U.S.C. § 1328(b) pursuant to Fed. R. Bank. P. 4007(d), the debtor or debtor’s attorney shall also submit a form order fixing a time for the filing of a complaint to determine the dischargeability of any debt pursuant to 11 U.S.C. § 523(c).
(b) Notice of deadline for filing a complaint pursuant to 11 U.S.C. § 523(c). The debtor or debtor’s attorney shall give the notice required by Fed. R. Bank. P. 4007(d) within ten (10) days after the entry of the order fixing a time for the filing of a complaint to determine the dischargeability of any debt pursuant to 11 U.S.C. § 523(c). Evidence of the mailing shall be made by the filing of a certificate or affidavit of service within five (5) days of mailing.
LR 5001. CLERK - OFFICE LOCATION/HOURS.
(a) Clerk’s office. The clerk of the court shall maintain offices at Las Vegas for the Southern Division and at Reno for the Northern division of the court, which offices shall be open for public transaction of business from 9:00 a.m. until 4:00 p.m., Monday through Friday of each week, legal holidays excepted. The clerk may institute administrative procedures for filing pleadings and papers; and, in an emergency, shall on request transact public business at other times as may from time to time be necessary. The mailing address and location of the office of the clerk is:
(1) Southern Division:
Clerk, U.S. Bankruptcy Court
The Foley Federal Building
300 Las Vegas Blvd. South, Room 2130
Las Vegas, Nevada 89101
(2) Northern Division:
Clerk, U.S. Bankruptcy Court
The C. Clifton Young Federal Building
and U.S. Courthouse
300 Booth Street, Room 1109
Reno, Nevada 89509
LR 5003. COURT PAPERS - REMOVAL OF; CLAIMS - REGISTER.
(a) Files and records. All files and records of the court shall remain in the custody of the clerk, and no record or paper belonging to the files of the court shall be taken from the custody of the clerk without written permission of the court and then only after a receipt has been signed by the person obtaining the record or paper.
(b) Exhibits.
(1) The clerk shall have custody of all exhibits marked for identification or admitted into evidence during any proceeding.
(2) The court may order original exhibits to be returned to the party who offered the same upon the filing of true copies thereof in place of the originals.
(3) Unless otherwise ordered by the court, the clerk shall retain custody of the exhibits until the judgment has become final and after the time for filing a notice of appeal and motion for a new trial has passed, or appeal proceedings have been terminated.
(4) Upon the expiration of the time to take an appeal from any appealable order or judgment, any party may, upon twenty (20) days prior written notice to all parties, withdraw any exhibit originally produced by it unless some other party or person files prior notice with the clerk of a claim to the exhibit. If such notice of claim is filed, the clerk shall not deliver the exhibit except with the written consent of both the party who produced it and the claimant, or until the court has determined the person entitled thereto.
(5) Upon the expiration of the time to take an appeal from any appealable order or judgment, the clerk may, upon twenty (20) days notice, destroy any exhibit not claimed by the parties. If no timely request is made for the return of the exhibits, the clerk may destroy or make other disposition of the exhibits upon the closing of the case.
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