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DISTRICT OF ALASKA

LOCAL BANKRUPTCY RULES

[AS AMENDED THROUGH FEBRUARY 19, 2020]

SUMMARY OF 2020 INTERIM AMENDMENTS

On August 23, 2019, the Small Business Reorganization Act of 2019 (SBRA) was enacted into law.

The SBRA made substantive and procedural changes to the Bankruptcy Code, requiring revisions to

the Federal Rules of Bankruptcy Procedure to implement those changes. In light of the three-year

process required for amendment of the Federal Rules of Bankruptcy Procedure, the Advisory

Committee has approved interim bankruptcy rules in advance of the SBRA’s February 19, 2020

effective date (Interim Rules). These Interim Rules have been further approved by the Committee of

Rules of Practice and Procedure, and the Judicial Conference has authorized their distribution to the

courts for local adoption.

The Interim Rules do not address the deadline for the filing of proofs of claim in cases filed under the

SBRA. Accordingly, the court has revised AK LBR 3003-1 to establish the applicable bar date for

small business cases under subchapter V, and to revise the bar date for chapter 9 and standard

chapter 11 cases. Interim AK LBR 3003-1 will remain in effect until such time as it, or a revised

version thereof, becomes final, following a period for public comment.

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Table of Contents

Part I: Commencement of Case; Proceedings Relating to Petition and Order for Relief ............................. 1

Rule 1001-1 Scope and Applicability of Local Rules .................................................................... 1

Rule 1001-2 Application of Amended Rules ............................................................................... 1

Rule 1002-1 Petitions ............................................................................................................. 1

Rule 1002-2 Tender of Rent Deposit Under § 362(l) .................................................................... 1

Rule 1003-1 Involuntary Petitions ............................................................................................. 2

Rule 1004-1 Petition Filed by a Corporation, Partnership, or Limited Liability Company ..................... 2

Rule 1005-1 Caption of Petition ............................................................................................... 2

Rule 1006-1 Petition Filing Fee ................................................................................................ 2

Rule 1007-1 Form and Content of Schedules and Statements ...................................................... 3

Rule 1007-2 Matrix ................................................................................................................ 3

Rule 1009-1 Amendment of Schedules and Matrix ...................................................................... 3

Rule 1015-1 Joint Administration and Substantive Consolidation ................................................... 4

Rule 1017-1 Conversion or Dismissal of Cases .......................................................................... 5

Rule 1020-1 Chapter 11 Small Business Cases .......................................................................... 6

Part II: Officers and Administration; Notices; Meetings; Examinations; Elections; Attorneys and

Accountants .................................................................................................................................................. 7

Rule 2002-1 Notices .............................................................................................................. 7

Rule 2003-1 Meeting of Creditors and Security Holders ............................................................... 8

Rule 2004-1 Rule 2004 Examinations ....................................................................................... 9

Rule 2015-1 Trustees – General ............................................................................................ 10

Rule 2015-2 Monthly Financial Reporting Requirements ............................................................ 10

Rule 2016-1 Compensation of Trustees and Professionals ......................................................... 10

Rule 2016-2 Compensation of Debtor, Officers, Directors, Shareholders, Partners ......................... 14

Rule 2016-3 General Administrative Expenses ......................................................................... 15

Part III: Claims and Distributions to Creditors and Equity Interest Holders; Plans ..................................... 16

Rule 3002-1 Claims ............................................................................................................. 16

Interim Rule 3003-1 Proofs of Claim in Chapter 9 and 11 Cases, Including Small Business Debtors

Filing Under Subchapter V of Chapter 11 ................................................................................ 16

Rule 3004-1 Claim by Debtor or Trustee ................................................................................. 18

Rule 3012-1 Valuation of Collateral ........................................................................................ 18

Rule 3015-1 Chapter 13 Plans ............................................................................................... 19

Rule 3015-2 Amendment of Chapter 13 Plans .......................................................................... 20

Rule 3015-3 Confirmation of Chapter 13 Plans ......................................................................... 20

Rule 3015-4 Payments by Chapter 13 Debtor .......................................................................... 22

Rule 3015-5 Payments by Chapter 13 Trustee ......................................................................... 22

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Rule 3015-6 Chapter 12 Cases .............................................................................................. 23

Rule 3016-1 Status Conferences in Chapter 11 Cases .............................................................. 24

Rule 3016-2 Chapter 11 Disclosure Statement ......................................................................... 25

Rule 3016-3 Chapter 11 Plan ................................................................................................ 29

Rule 3017-1 Hearing on Chapter 11 Disclosure Statement ......................................................... 29

Rule 3017-2 Disclosure Statements in Small Business Cases ..................................................... 29

Rule 3018-1 Report of Balloting ............................................................................................. 31

Rule 3018-2 Acceptance or Rejection and Objections to Chapter 11 Confirmation .......................... 31

Rule 3019-1 Modification of Chapter 11 Plan ........................................................................... 31

Rule 3020-1 Chapter 11 Confirmation Hearing ......................................................................... 32

Rule 3022-1 Postconfirmation Reports/Closing of the Case ........................................................ 33

Part IV: The Debtor: Duties and Benefits .................................................................................................... 34

Rule 4001-1 Stay of 11 U.S.C. § 362 and Codebtor Stay of 11 U.S.C. §§ 1201 and 1301 ................ 34

Rule 4001-2 Use of Cash Collateral and Obtaining Postpetition Credit.......................................... 37

Rule 4002-1 Debtor – Duties ................................................................................................. 41

Rule 4003-1 Objections to Claims of Exemption ....................................................................... 42

Rule 4008-1 Reaffirmation Hearing......................................................................................... 42

Part V: Courts and Clerks ........................................................................................................................... 44

Rule 5001-2 Court and Clerk’s Office Locations and Hours ......................................................... 44

Rule 5003-2 Court Records ................................................................................................... 44

Rule 5005-2 Copies of Lengthy Pleadings ............................................................................... 44

Rule 5005-4 Electronic Case Filing ......................................................................................... 44

Rule 5011-1 Withdrawal of Reference ..................................................................................... 47

Rule 5074-1 Facsimile and Email Filing ................................................................................... 47

Rule 5075-1 Delegation of Ministerial Orders and Notices .......................................................... 48

Part VI: Collection and Liquidation of the Estate ........................................................................................ 49

Rule 6004-1 Sale of Estate Property ....................................................................................... 49

Rule 6006-1 Notice of Motion to Assume, Reject or Assign Executory Contracts or Unexpired Leases

........................................................................................................................................ 50

Rule 6007-1 Abandonment of Property of the Estate ................................................................. 51

Rule 6008-1 Redemption of Property in Chapter 7 Cases ........................................................... 51

Part VII: Adversary Proceedings ................................................................................................................. 53

Rule 7001-1 Local District Civil Rules Adopted in Adversary Proceedings ..................................... 53

Rule 7003-1 Commencement of Action ................................................................................... 53

Rule 7004-1 Service on Debtor’s Attorney ............................................................................... 53

Rule 7012-1 Consent to Entry of Final Order or Judgment .......................................................... 53

Rule 7016-1 Pretrial Procedure .............................................................................................. 53

iii

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Rule 7026-1 Discovery Documents. ........................................................................................ 54

Rule 7037-1 Failure to Make Discovery; Sanctions .................................................................... 54

Rule 7041-1 Dismissal of Discharge Actions ............................................................................ 54

Rule 7056-1 Summary Judgment ........................................................................................... 55

Part VIII: Appeals ........................................................................................................................................ 57

Rule 8001-1 Appellate Procedure; Governing Rules .................................................................. 57

Rule 8015-1 Form and Length of Briefs ................................................................................... 57

Rule 8018-1 Extension of Time to File Briefs ............................................................................ 57

Rule 8018-2 Failure to Timely File Briefs ................................................................................. 58

Rule 8019-1 Oral Argument .................................................................................................. 58

Rule 8025-1 Stay Pending Appeal to a Circuit Court of Appeals .................................................. 59

Rule 8026-1 Local District Court Rules Adopted ....................................................................... 59

Part IX: General Provisions ......................................................................................................................... 60

Rule 9001-1 Definitions ........................................................................................................ 60

Rule 9004-1 Form of Pleadings and Other Papers .................................................................... 60

Rule 9006-1 Shortening Time ................................................................................................ 61

Rule 9009-1 Local Forms ...................................................................................................... 61

Rule 9010-1 Appearances .................................................................................................... 61

Rule 9010-2 Admission and Practice of Attorneys ..................................................................... 64

Rule 9011-1 Signatures ........................................................................................................ 65

Rule 9011-3 Sanctions ......................................................................................................... 66

Rule 9013-1 Motion Practice ................................................................................................. 67

Rule 9013-3 Motions Under 11 U.S.C. § 110(i) ......................................................................... 68

Rule 9015-1 Jury Trials — Bankruptcy Court ............................................................................ 69

Rule 9015-2 District Court Jury Trials — Pretrial Procedures ...................................................... 69

Rule 9021-1 Orders, Findings, Conclusions, Judgments ............................................................ 70

Rule 9023-1 Motion to Amend Findings or for New Trial, Rehearing, or Reconsideration ................. 71

Rule 9027-1 Notice of Removal ............................................................................................. 71

Rule 9033-1 Proceedings in Which the Bankruptcy Court May Not Enter Final Orders .................... 72

Rule 9033-2 Proposed Findings of Fact and Conclusions of Law ................................................. 72

Rule 9037-1 Privacy Protection for Court Filings ....................................................................... 72

Rule 9075-1 Hearings .......................................................................................................... 72

Rule 9076-1 Telephonic or Video Participation in Hearings or Trials ............................................. 74

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Part I: Commencement of Case; Proceedings Relating to Petition and Order for Relief

Rule 1001-1 Scope and Applicability of Local Rules

(a) Scope.

(1) These Rules govern practice and procedure in the United States Bankruptcy Court for

the District of Alaska.

(2) The court, on its own motion or the motion of any party, may modify or dispense with any

of these Rules in a particular case.

(b) Applicability. Unless otherwise indicated, these Rules apply to all cases commenced under

chapters 7, 9, 11, 12, 13, and 15 of the Bankruptcy Code as amended, Title 11 of the United

States Code (“Code”).

Bankruptcy Procedure, the Federal Rules of Bankruptcy Procedure prevail.

(d) Forms. Local Forms (available at www.akb.uscourts.gov) may be cited as “AK LBF __.”

(e) Citation. These Rules may be cited as “AK LBR .”

(f) Local District Civil Rules Adopted. In addition to those United States District Court of

Alaska Local Civil Rules specifically adopted herein, Local Civil Rules 1.1(c), 5.1, 7.3(e)-(g),

11.1, 16.1(e), 16.2, 39.3, 54.1, 54.2, 58.2, 67.1, 68.1, 80.1, and 83.3 apply to all matters,

actions and proceedings before the Bankruptcy Court.

(g) Official Rules. The rules maintained by the Clerk of Court and posted on the court’s

website (www.akb.uscourts.gov) are the official rules of the Bankruptcy Court. In the event

of any difference between the official rules maintained by the Clerk of Court as posted on

the court’s website and the rules published by any commercial publisher, the official rules

will control.

(h) Failure to Comply. The failure of any party or its counsel to comply with these Rules, any

Federal rules, or an order of the court may subject the noncomplying party or its counsel to

the imposition of sanctions under applicable law and/or the court’s inherent sanctioning

authority.

Rule 1001-2 Application of Amended Rules

New or amended rules govern all existing, open proceedings from and after the effective date of

the adoption of the new or amended rules to the extent that the new or amended rule does not

unreasonably prejudice the rights of any party.

Rule 1002-1 Petitions

(a) Joint Petitions. Spouses commencing a joint case may file a single petition and pay a

single filing fee.

(b) Acceptance of Petition. Acceptance of a petition for filing does not operate as a waiver of

any of the provisions of the Bankruptcy Code or Federal Rules of Bankruptcy Procedure.

Rule 1002-2 Tender of Rent Deposit Under § 362(l)

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(a) A rent deposit as required by § 362(l)(1)(B) tendered with the original petition must be in the

form of a bank certified or cashier’s check or money order made payable to the lessor (not

the Clerk).

(b) Where the petition and Initial Statement About an Eviction Judgment Against You (Official

Form 101A) are filed electronically, the rent deposit required under § 362(l)(1)(B) must be

delivered to the Clerk of Court not later than one (1) business day following the day the

petition is filed.

101A) are filed conventionally, the rent deposit required under § 362(l)(1)(B) must be

delivered to the Clerk of Court at the time the petition is filed.

Rule 1003-1 Involuntary Petitions

(a) An involuntary petition for relief must be accompanied by the filing fee and a Summons to

Debtor, completed except for the signature of the Clerk.

(b) The Clerk will complete the summons and return it to the petitioner for service.

Rule 1004-1 Petition Filed by a Corporation, Partnership, or Limited Liability Company

(a) Signature. A voluntary petition filed by a corporation, partnership, or limited liability

company must be verified by a corporate officer, general partner of a partnership, or

manager of a limited liability company as required by the appropriate official form.

(b) Representation by Counsel. A debtor who is a corporation, partnership, or limited liability

company must be represented by an attorney and the attorney must sign the petition.

Rule 1005-1 Caption of Petition

(a) Individual. The name of the debtor set forth in the caption must include his or her first

name, middle initial, and last name, for example, “Robin A. Smith.”

(b) Joint. The names of joint debtors must be set forth in the caption to include their first

names, middle initials, and last name, for example, “John B. Smith and Mary C. Smith,

spouses.”

corporation, LLC, or partnership must file a separate petition for the corporation, LLC, or

partnership entity if bankruptcy relief is desired for that entity.

(d) Partnership.

(1) If the debtor is a general partnership, the words “a general partnership” must follow the

name.

(2) If the debtor is a limited partnership, the words “a limited partnership” must follow the

name.

(e) Limited Liability Company. If the debtor is a limited liability company, the words “a limited

liability company” or “LLC” must follow the name.

(f) Corporation. If the debtor is a corporation, the words “a corporation” must follow the name

and the state of incorporation indicated, for example, “ABC, Inc., an Alaska corporation.”

Rule 1006-1 Petition Filing Fee

In the event of nonpayment of the bankruptcy petition filing fee, the bankruptcy case may be

dismissed by the court after a hearing on shortened time of not less than seven (7) days’ notice

to the debtor and his or her attorney, if any.

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Rule 1007-1 Form and Content of Schedules and Statements

(a) Format. Each schedule, statement and list must:

(1) be legible;

(2) be a separate document that contains all required information without reference to or

incorporation of another schedule, document or list provided, however, that there may be

appended thereto a separate list of items or information that—

[A] contains items or information relating to a single question or item on the schedule,

statement or list to which the separate list is attached, and

[B] clearly identifies the question or item to which the attached list pertains; and

(3) contains all information required by the official form and this rule.

(b) Married Individuals. Spouses filing jointly must file a single set of schedules and statement

of financial affairs.

entered for each item in the schedules and statements of affairs not otherwise completed.

(d) Statement of Social Security Number. The Statement of Social Security Number (Form

B121) is to be submitted with the petition to the Clerk of Court, but is not to be filed or

attached to the petition or any other document. Participants in the ECF System shall,

immediately after the electronic filing of a petition, submit the Statement of Social Security

Number (Form B121) electronically, in the same manner as provided in AK LBR 50054(d)(4) for proposed orders.

(e) Government Entity as Creditor. Whenever a governmental unit (federal, state, local

government entity or political subdivision of the state, or any agency thereof) is scheduled

as a creditor or as having a claim against the estate or the debtor, both the governmental

unit and, as a separate entry, its legal department, must be included in the schedules (e.g.,

United States Attorney, Alaska Department of Law, Municipal Attorney, Internal Revenue

Service).

Rule 1007-2 Matrix

(a) Format. The format of the Matrix filed under Rule 1007(a), Federal Rules of Bankruptcy

Procedure, must conform to the requirements of the Clerk of Court, available at

www.akb.uscourts.gov.

(b) Verification. The Matrix must be accompanied by a completed Verification of Creditor

Matrix (AK LBF 40) bearing the signatures of the debtor(s).

(1) The signature(s) of the debtor(s) on the Verification of Creditor Matrix must comply with

AK LBR 9011-1(a)(2), if the debtor is represented by a participant in the CM/ECF

System. A Verification of Creditor Matrix filed conventionally must bear the original

(holographic/wet) signature(s) of the debtor(s).

reflects the names and addresses of the debtor(s), debtor’s attorney, and those entities

listed on Schedules D, E, F, G, and H of Official Bankruptcy Form B106/B206.

(d) Government Entity as Creditor. As provided in AK LBR 1007-1(e), both the governmental

unit and its legal department must be included on the Matrix.

Rule 1009-1 Amendment of Schedules and Matrix

(a) Schedule of Debts.

(1) Requirements for Amendment. Amended schedules must be accompanied by:

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[A] an amended Summary of Your Assets and Liabilities and Certain Statistical

Information (Official Form 106Sum);

[B] a Declaration About an Individual’s Schedules (Official Form 106Dec); and

[C] the statutory filing fee, if required.

[D] If the amended schedules include additional creditors or equity security holders (i.e.,

amendments to schedules D, E and F), an amended Matrix complying with

paragraph (c) below must also be filed.

(2) Notice.

[A] Notice of the amendment(s) must be given to:

(i) any creditor or equity security holder added;

(ii) the trustee;

(iii) any other entity(ies) affected by the amendment(s); and

(iv) the United States trustee.

[B] In addition to the notice required by Rule 1009, Federal Rules of Bankruptcy

Procedure, the amending party must mail a copy of the notice issued by the court

under Rule 2003, Federal Rules of Bankruptcy Procedure to all creditors or equity

security holders added by the amendment.

(b) Schedule of Property Claimed as Exempt. Upon filing, copies of any amendment of

Schedule of Property Claimed as Exempt must be:

(1) transmitted to the United States trustee; and

(2) served on—

[A] the trustee;

[B] any entity(ies) holding or claiming an interest in the property; and

[C] any attorney or party who has filed an appearance or demand for notice.

(1) All amendments to the Matrix (additions and deletions) must include:

[A] the Verification of Creditor Matrix (AK LBF __); and

[B] a Matrix including only the additions or deletions to the Master Mailing List in a

format that conforms to the requirements of the Clerk of Court.

(2) The amended Matrix must be accompanied by the appropriate filing fee.

(3) A new Master Mailing List may not be substituted for an existing Master Mailing List

unless approved by the Clerk or the court.

(4) The party amending the Matrix must give notice as provided in paragraph (a)(2).

Rule 1015-1 Joint Administration and Substantive Consolidation

(a) Motion. Except as specifically provided for in this Rule for joint cases, all motions for joint

administration or substantive consolidation under Rule 1015, Federal Rules of Bankruptcy

Procedure, must be:

(1) filed in each affected case;

(2) transmitted to the United States trustee; and

(3) served on the—

[A] debtors,

[B] trustees, and

[C] any committee(s) appointed in the cases.

(b) Notice. Except as specifically provided for in this Rule for joint cases, twenty-one (21) days’

notice of a Motion for Substantive Consolidation conforming to AK LBF 27 or AK LBF 28, as

appropriate, must be mailed to the Master Mailing List in each affected case.

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(1) The filing of a joint petition by spouses constitutes a motion by the debtors that the

separate estates of the debtors be substantively consolidated.

(2) Any party in interest, the debtors, trustee or the United States trustee may file an

objection to substantive consolidation of the separate estates.

[A] An objection to substantive consolidation must be filed not later than the date set for

filing a proof of claim under Rule 3002, Federal Rules of Bankruptcy Procedure,

and—

(i) transmitted to the United States trustee, and

(ii) served on the debtors and the trustee.

[B] The party objecting to substantive consolidation must:

(i) submit a Calendar Request (AK LBF 7) requesting a hearing on substantive

consolidation contemporaneously with the filing of an objection to substantive

consolidation; and

(ii) give not less than fourteen (14) days’ notice of the hearing to all parties on the

Master Mailing List.

(3) If no objection to substantive consolidation is served and filed by the time specified in

paragraph (d)(2), the estates will be substantively consolidated without further order of

the court.

Rule 1017-1 Conversion or Dismissal of Cases

(a) Conversion Under 11 U.S.C. § 706(a) or Dismissal Under § 1307(b). A motion by the

debtor seeking to convert a chapter 7 case under § 706(a) to a case under chapter 11, 12,

or 13 of the Code or to dismiss a chapter 13 case under § 1307(b):

(1) is governed by AK LBR 9013-2(a); and

(2) must be—

[A] transmitted to the United States trustee, and

[B] served on the trustee; and

(3) Twenty-one (21) days’ notice of the motion must be given to the Master Mailing List.

(b) Conversion Under 11 U.S.C. § 1112(a). A motion by the debtor under § 1112(a) of the

Code to convert the case from a case under chapter 11 of the Code to a case under

Chapter 7 of the Code:

(1) is governed by AK LBR 9013-2(a); and

(2) must be:

[A] transmitted to the United States trustee; and

[B] served on—

(i) any committee appointed in the case, and

(ii) the holders of secured claims.

of conversion of a case to a case under Chapter 11 or 13 of the Code need be given if:

(1) the debtor requests such conversion in response to the motion to dismiss brought by the

U.S. trustee under 11 U.S.C. § 707(b); and

(2) the U.S. trustee consents to the conversion.

Rule 1019-1 Post-Conversion Schedule of Unpaid Debts

(a) Post-conversion schedules required under Rules 1019(5)(A)(i), (B)(i), or (C)(i) through (iii),

Federal Rules of Bankruptcy Procedure, must be verified by the debtor(s).

(b) The “/s/” signature designation may be used for a debtor on post-conversion schedules only

if an AK LBF 37A, Declaration re: Electronic Filing (Individuals), has previously been filed in

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that debtor’s bankruptcy case.

Rule 1020-1 Chapter 11 Small Business Cases

(a) Documents to Accompany Petition. Unless otherwise ordered by the court, in any case

that has been designated as a small business case in the petition, the debtor must comply

with the provisions of § 1116(1) of the Code.

(b) Creditors’ Committees in Small Business Cases.

(1) Unless otherwise ordered by the court, the United States trustee will not appoint a

committee under § 1102 of the Code in any case in which the debtor has designated the

case as a small business case in the petition.

(2) In the event the court sustains an objection to the debtor’s designation as a small

business case, the United States trustee will appoint a committee of not less than three

(3) members or file a notice of non-appointment as soon as practicable.

(1) A request by a party in interest to be added to a committee under § 1102(a)(4) of the

Code must be in the form of a motion, which motion must:

[A] briefly state the reason the moving party believes that the party’s interests are not

adequately represented by the committee as currently composed;

[B] be transmitted to the United States trustee; and

[C] be served on the committee.

(2) A motion filed under this subsection will be treated as a motion under Rule 9013,

Federal Rules of Bankruptcy Procedure.

(d) Individuals as Small Business Debtors. The court may, in appropriate circumstances,

order that an individual chapter 11 debtor be treated as a small business debtor.

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Part II: Officers and Administration; Notices; Meetings; Examinations; Elections;

Attorneys and Accountants

Rule 2002-1 Notices

(a) Party to Give.

(1) Unless otherwise ordered by the court, or as specifically provided in the Bankruptcy

Code, the Federal Rules of Bankruptcy Procedure or these Rules, notices will be served

on the parties entitled to notice as follows:

[A] The Clerk of Court will serve:

(i) in all cases under chapters 7, 9, 11, 12, 13, and 15, the notices specified in Rules

2002(a)(1), (f)(1)-(6), and 4004(g), Federal Rules of Bankruptcy Procedure;

(ii) in all other instances where notice is authorized or directed by the Administrative

Office of the United States Courts to be given through the Bankruptcy Noticing

Center.

[B] The case trustee will serve the notice specified in Rule 2002(f)(8), Federal Rules of

Bankruptcy Procedure.

[C] All other notices will be served by the party requesting an order or other act.

(b) Content of Notices.

(1) Unless otherwise ordered by the court, or provided in the Bankruptcy Code, the Federal

Rules of Bankruptcy Procedure, or these Rules, whenever the Code or Rules authorize

any act, or authorize the court to enter an order, “after notice and hearing” or a similar

phrase, the party giving the notice must state in the notice:

[A] that the act may be performed or the court may enter an order without an actual

hearing unless a party in interest serves and files an objection in writing within a

specified time; or

[B] that the court has entered the order or authorized the act to be done without a

hearing.

[C] This subsection does not apply to matters for which the Code or Rules require an

actual hearing, i.e., “notice of the hearing,” or “notice by mail of the hearing,”

including, without limitation, conversions and dismissals under Rules 2002(a)(4) and

1017, sales free and clear under Section 363(f), Rule 6004(c), and AK LBR 60041(b), approval of disclosure statements and confirmation of plans under Sections

1125 and 1129 and Rule 2002(b), and objections to claims under Rule 3007.

(2) Notice of any Application, Motion, Stipulation or other matter that requires notice be

given by the initiating party and, unless otherwise elsewhere specified by statute,

Federal Rules of Bankruptcy Procedure or Local Rule, must include:

[A] a summary, fairly summarizing the relief requested, which must include—

(i) an accurate legal description of any real property involved,

(ii) list of any personal property or intangibles involved,

(iii) amounts of money and from whom claimed, to whom to be paid or delivered, and

(iv) the basis for seeking the relief;

[B] date by which a response is due;

[C] place or addresses upon which any response is to be made;

[D] if a hearing is required, the date, place, and time of the hearing as set by the court

after the submission of a Bankruptcy Court Calendar Request (LBF 7) by the moving

party; and

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[E] unless contained in the information required by subparagraph (2)[A], an accurate,

complete description of any real property, personal property or intangibles involved.

(3) Double-sided copying may be used to reduce costs of notice.

(1) Except as otherwise specifically provided by the Rules or ordered by the court, “Notice,”

as used in these Rules means notice by first class mail or electronically to:

[A] all creditors,

[B] equity security holders,

[C] indenture trustee,

[D] the debtor,

[E] the debtor’s attorney,

[F] the attorney or chair of any committee appointed in the case, and

[G] any other parties in interest, and any other person or entity known to have or claim a

legal or equitable interest in the subject matter of the noticed matter.

(2) [A] The addresses utilized in notices to creditors, equity security holders or indenture

trustees are governed by Rule 2002(g), Federal Rules of Bankruptcy Procedure.

[B] A Master Mailing List of names and addresses, filed under Local Rule and updated in

accordance with Rule 2002(g) may be obtained from the clerk.

[C] Notice required to be given to all creditors is presumed to be appropriate if mailed or

sent electronically to all entries on a Master Mailing List:

(i) certified updated by the Clerk of Court within fourteen (14) days of the date

notice is sent; or

(ii) if obtained electronically, bearing a computer-generated date within fourteen (14)

days of the date notice is sent.

(3) Whenever less inclusive notice is provided for by the Rules or order of the court, as an

alternative, service may be made on the Master Mailing List.

(d) Telephonic or Email Notice of Emergency Motions and Hearings. Notwithstanding the

provisions of subsections (b) and (c), the court may allow telephonic or email notice of

emergency motions and hearings for cause shown.

(e) Certificate of Service.

(1) After giving notice, unless otherwise ordered, not less than seven (7) days prior to the

date objections or responses are to be filed, the noticing party must file:

[A] the notice; and

[B] an affidavit of mailing with a list of persons, and their addresses, to whom the notice

was sent.

(2) If notice to all creditors is required, the court will enter an order based on that notice only

if the list of persons to whom the notice was sent is a copy of the Master Mailing List

described in subparagraph (c)(2)[C].

(f) Certificate of No Objections. A party that has complied with the requirements of this Rule

and received no objection to the request, may:

(1) file a certificate of no objections, signed under penalty of perjury, that substantially

conforms to AK LBF 4; and

(2) lodge a proposed order.

Rule 2003-1 Meeting of Creditors and Security Holders

(a) Telephonic Appearances.

(1) A request for a telephonic appearance by the debtor(s), in any judicial district in the state

in which the trustee conducts face to face creditor meetings, where the debtor(s) resides

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more than 150 air miles from the court in which such meeting is to be conducted, may be

made by giving the trustee notice of such telephonic attendance; however, the trustee

may continue the meeting and require the debtor(s) to appear in person.

(2) If the trustee requires the personal appearance of the debtor(s), the court may grant a

waiver of personal appearance at the creditors meeting on the motion of the debtor(s) for

good cause shown after a hearing on notice given to all interested parties. Any motion to

excuse attendance shall be supported by an affidavit from the debtor(s).

(3) Attorneys or creditors may, at the trustee’s discretion, attend a meeting by telephone.

(b) Continuances. Requests for a continuance must be made in writing to the trustee assigned

to the case. Upon granting a request for continuance, the trustee shall note such

continuance on the Court’s docket.

(1) The court may grant a waiver of personal appearance, other than a request for

telephonic appearance, on the motion of the debtor(s) for good cause shown after a

hearing on notice given to all interested parties.

(2) Motions for waiver of personal appearance must:

[A] be supported by affidavit or declaration under penalty of perjury setting forth in

particular the facts that preclude personal appearance;

[B] set forth any alternative means reasonably available by which the trustee or any

interested party may examine the debtor and obtain responses under oath, including,

but not necessarily limited to, methods prescribed by Rules 26-36, Federal Rules of

Civil Procedure; and

[C] be served on the trustee and transmitted to the United States trustee.

(3) [A] The court may, in its discretion, order the debtor to provide responses to any matter

subject to inquiry by the trustee or any interested party by deposition upon written

questions under Rule 31, Federal Rules of Civil Procedure.

[B] For the purposes of this paragraph, only the trustee, the United States trustee, and

those interested parties actually appearing at the meeting of creditors will be

considered a “party” within the scope of Rule 31.

Rule 2004-1 Rule 2004 Examinations

(a) Request for Examination. All requests for orders under Rule 2004, Federal Rules of

Bankruptcy Procedure must be made by motion in a form substantially similar to AK LBF 8

and must be accompanied by a proposed order substantially similar to AK LBF 9. The

motion must contain a certification that counsel for the applicant conferred with counsel, if

known, for the party whose examination is being sought. If the application contains such a

certification the application may be presented ex parte. If the application does not contain

such a certification, the matter may be heard on no fewer than two business days’ notice

unless the Court orders otherwise.

(b) Clerk’s Authority to Sign Order. The clerk may only sign orders for examination if the date

set for examination is more than fourteen (14) days from the date the motion is filed. If

examination is requested on less than fourteen (14) days’ notice, the clerk may not sign.

The motion must state whether the examination date has been agreed on, or if there is no

agreement, why examination on less than fourteen (14) days’ notice is requested.

may not be obtained via an order under Rule 2004, Federal Rules of Bankruptcy Procedure.

Production of documents may, however, be obtained via subpoena as provided by Rule

45(a)(1)(C), Federal Rules of Civil Procedure, as adopted by Rule 9016, Federal Rules of

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Bankruptcy Procedure.

(d) Attendance of Witness or Production of Documents. Securing the attendance of a

witness or the production of documents must be done in accordance with Rule 9016,

Federal Rules of Bankruptcy Procedure.

Rule 2015-1 Trustees – General

(a) Funds of the Estate.

(1) Funds of a chapter 7, 11, 12 or 13 estate must be deposited in an account authorized by

§ 345 of the Code.

(2) If at any time the total amount deposited exceeds the FDIC or NCUA insurance limits,

the funds must be deposited with an entity posting a bond approved by the United States

trustee.

(b) Return of Documents.

(1) Except to the extent otherwise provided by law, or order of the court, the trustee:

[A] if return of the document has not been requested, may destroy the document; or

[B] if return is requested in writing, must return the document to the person who provided

the document within a reasonable time after the case is closed.

(2) The trustee may require any person who has requested the return of a document or

paper to provide the trustee with a stamped, self-addressed return envelope or

otherwise bear all expenses incurred for the return.

Rule 2015-2 Monthly Financial Reporting Requirements

(a) Cooperation with United States Trustee.

(1) The trustee or debtor in possession in chapter 11 cases, debtors in business chapter 13

cases, and debtors in chapter 12 cases are required to cooperate with the United States

trustee by furnishing all information the United States trustee requires to supervise the

administration of the estate.

(2) All debtors in possession and trustees must use forms substantially complying with the

forms for financial reporting established by the United States trustee, unless the United

States trustee authorizes modifications in a particular case.

Rule 2016-1 Compensation of Trustees and Professionals

(a) General. Except as otherwise specifically provided in this Rule, requests for compensation

and reimbursement under § 330 of the Code must comply with the guidelines promulgated

by the Office of the United States Trustee, available at www.justice.gov/ust.

(b) Trustee.

(1) Applications for compensation for services as trustee must state the maximum amount

payable to the trustee as compensation under § 326(a) of the Code.

(2) [A] In each Chapter 13 case that is dismissed prior to confirmation of a plan, the

standing trustee may deduct, after payment of court fees and costs and other §

503(b) administrative expenses, the sum of $450.00 and an additional amount of

$90.00 for each hearing or meeting of creditors beyond the initial meeting that the

trustee attended, from funds available for return to the debtors.

[B] The award under this paragraph may not exceed the amount specified in Rule

2002(a)(6), Federal Rules of Bankruptcy Procedure, without a separate application.

[C] The debtor may object to an award under this paragraph within fourteen (14) days of

the entry of the order dismissing the case.

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Committee, or Professional Under 11 U.S.C. § 503(b)(4).

(1) [A] Applications for compensation and reimbursement under § 330(a) of the Code must

be preceded by an order authorizing the employment of the professional.

[B] Unless otherwise specifically authorized by statute, rule or order of the court, an

application for allowance of professional fees must be filed before payment of

professional fees, including cases where employment of a professional on a

contingency fee or percentage basis has been authorized by the court.

[C] Fees are not recoverable:

(i) for services rendered by a general counsel for an estate in preparing the

trustee’s application to authorize employment of such general counsel; or

(ii) in the absence of exigent circumstances, for services performed prior to the date

the applicant filed an application seeking approval of employment by the Court.

(2) Requests for compensation and reimbursement under §§ 330(a) and 503(b)(4) of the

Code must contain a statement that the compensation sought will not be shared with

another person except as provided in § 504 of the Code.

(3) Applications for compensation for services as attorney, accountant or other professional

for the trustee, debtor in possession, debtor, creditors’ committee, or under § 503(a)(4)

of the Code must include the following detail:

[A] a statement that all services for which compensation is requested were performed for

or on behalf of the trustee, debtor in possession, debtor, or creditors’ committee, and

not on behalf of a creditor or any other entity, except in the case of a professional

seeking compensation under § 503(b)(4) of the Code;

[B] a separate itemization of each service rendered, including—

(i) the date for each item,

(ii) the actual time spent on each item, and

(iii) the charge for the item;

[C] each item of service must be sufficiently descriptive to enable the court to determine

whether the service was reasonable—

(i) an entry such as “research” or “telephone call” will not be sufficient, and

(ii) items should not be aggregated, the time spent and the description of individual

tasks should be distinctly identified;

[D] use of minimum time increments no larger than 1/10 of an hour;

[E] a statement of the hourly billing rate of each professional person, legal assistant or

employee for whom compensation is sought;

[F] an itemization of costs by category and method of computation; and

[G] identify any board certifications in the bankruptcy field held by the applicant.

(4) [A] Applications by an attorney or accountant for a debtor must in addition show that all

services performed were in connection with the performance by the debtor of the

duties prescribed by the Code, were otherwise beneficial to the debtor’s estate or

were rendered under an order of the court.

[B] Services on behalf of the debtor in discharge and dischargeability actions are not

compensable from the estate.

(5) Except as provided in paragraph (h)(2) of this Rule, applications for fees and expenses

must:

[A] be categorized to group identifiable projects separately;

[B] include a narrative description of major projects; and

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[C] include a description of the bill attributable to all categories. For example,

representation of a party in an adversary proceeding, a major contested matter, or

plan formulation, are categories that are to be separately reported on the fee

application.

(6) [A] Except as otherwise ordered by the court or provided by rule, applications must be

noticed by the applicant in accordance with AK LBR 2002-1(a).

[B] Applicants must keep themselves informed as to the progress of administration of

the estate so that notice may be included in the notice of the final accounting, or so

that notice can be sent within the time allowed after confirmation of a plan in a case

under chapter 9 or 11.

(7) The court may, in its discretion, order a hearing even if no objection is filed.

(d) Interim Fees.

(1) No interim fees or expenses for attorneys or accountants will be paid in a chapter 7

proceeding unless the trustee certifies or the applicant can clearly demonstrate that

interim payment would not prejudice any party having a higher or equal priority or claim

to the funds.

(2) [A] The court may, on its own motion or at the request of a party in interest, order that a

percentage of the fees requested in an interim application that are found to be

reasonable will not be disbursed at the time of approval of the interim application but

will instead be held back pending the court’s action on a final fee application.

[B] The amounts held back —

(i) may be applied for as part of the final fee application, but

(ii) may not be placed in escrow.

[C] Any payment allowed as part of the final fee award will depend, among other factors,

upon the assets available for payment at that time.

(e) Pre-Petition Retainers.

(1) In all cases in which court approval of the payment of professional fees is required, a

pre-petition retainer is considered property of the estate being administered, and:

[A] must be segregated in a separate trust account; and

[B] may not be applied to fees or costs incurred after the filing of the petition without an

order of the court.

(2) A professional holding a pre-petition retainer must, in conjunction with the fee

application, give notice that the professional intends to apply the retainer to post-petition

fees and disbursements.

[A] A retainer may not be applied without a court order approving an application for

interim or final compensation.

[B] The court may review the amount and circumstances of any retainer and may order

a refund to the estate or other action as appropriate.

(f) Objections.

(1) A written objection to the allowance of fees must be filed with the court within the time

set forth in the notice.

(2) A copy of the objection is to be transmitted to the United States trustee; and

(3) served on—

[A] the applicant,

[B] trustee,

[C] debtor, and

[D] any committee appointed under the Code.

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(g) Time of Payment. Unless otherwise ordered by the court, all administrative expenses

allowed by the court will be paid by the trustee with the final distribution, or upon

confirmation of a plan in a case under chapters 9, 11 or 12.

(h) Applications in Chapter 12 and 13 Cases.

(1) [A] The trustee may, without any personal liability to debtor or debtor’s attorney, pay

creditors and trustee’s fees in advance of paying the administrative expense for

debtor’s attorney’s compensation claim, if the debtor’s attorney claiming

compensation has not filed an application for compensation.

[B] When the trustee is served with notice of debtor’s attorney’s compensation

application, the trustee must defer paying a lower priority creditor under § 1226(b)1)

or § 1326(b)(1) of the Code until the court has ruled on the fee application.

(2) [A] In chapter 12 cases, notwithstanding a provision for allowance of administrative

claims in any confirmed chapter 13 plan, debtor’s attorney’s fees must be applied for

before allowance.

[B] Attorney’s fees for a chapter 12 debtor will not be allowed in excess of the amount

designated in the chapter 12 plan absent a showing of extreme or unusual

circumstances.

(3) In a case under chapter 13, the fees and expenses set forth in paragraph 3(c) of AK LBF

5 (the chapter 13 plan) are deemed approved on confirmation, and no separate

application for allowance is required, provided:

[A] in consumer (non-business) cases, the total fees to be paid, including the application

of any prepetition retainer paid, do not exceed $3,500.00, and costs, exclusive of any

filing fees paid to the Clerk of Court, do not exceed $275.00; or

[B] in business (non-consumer) cases, the total fees to be paid, including the application

of any prepetition retainer paid, do not exceed $5,000.00, and costs, exclusive of any

filing fees paid to the Clerk of Court, do not exceed $400.00; and

[D] (i) The provisions of this paragraph notwithstanding, if the proposed chapter 13 plan

does not provide for payment of allowed claims in full, any party in interest,

including the United States trustee, may, at any time prior to confirmation of the

plan, object to allowance of fees under this paragraph by filing a written

objection, serving a copy thereof on the debtor, counsel for the debtor and the

trustee, with transmittal to the United States trustee.

(ii) In the event an objection is filed and served, an application for allowance of fees

must be filed, noticed and approved before any payment thereof is made.

[E] Attorneys compensated under the terms of this paragraph are not obligated to

represent the debtor in any adversary proceeding arising in the case unless

otherwise agreed to by the debtor and the attorney.

[F] An attorney seeking payment of fees and costs in excess of those approved by

confirmation of the chapter 13 plan must file a supplemental fee application

containing an itemized statement of fees and costs.

(i) The supplemental fee application need be served only on the debtor and the

chapter 13 trustee when the fees and/or costs sought, when combined with the

fees and/or costs approved under the plan, exceed the amounts set forth in

(h)(3)[A] and [B] by no more than $1,000 (i.e., $4,250 or less in aggregate fees

for individual debtor cases).

(ii) Supplemental applications for fees and/or costs which, when combined with the

fees and/or costs approved under the plan, exceed the amounts set forth in

(h)(3)[A] and [B] by more than $1,000 (i.e., $4,251 or more in aggregate fees for

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individual debtor cases), must be served on the debtor, the chapter 13 trustee

and the Master Mailing Matrix in accordance with Rule 2002(a)(6), Federal Rules

of Bankruptcy Procedure.

(i) Applications in Chapter 7 Cases.

(1) Final applications for professional fees in chapter 7 cases must be filed and transmitted

to the United States trustee not later than seven (7) days after the Trustee’s Final Report

Before Distribution is transmitted to the United States trustee.

(2) The provisions of paragraph (c)(3) notwithstanding, the final application may include an

estimate for services to be rendered by the professional in connection with closing out

the estate; provided, however, that:

[A] the applicant must file with the court, serve on the trustee, and transmit to the United

States trustee, a statement of the actual fees incurred; and

[B] no allowance for fees for professional services rendered after the date the final

application is filed in excess of $500.00 will be allowed without substantiation as

provided in paragraph (c)(3).

(3) Notwithstanding any other provision in these Rules, in the event of an objection to the

Trustee’s Final Report Before Distribution, other than an objection to the fee application,

the court may allow payment of fees in an amount greater than the amount set forth in

the Trustee’s Final Report Before Distribution.

Rule 2016-2 Compensation of Debtor, Officers, Directors, Shareholders, Partners

(a) General. Unless otherwise ordered by the court, except in accordance with the provisions of

this rule, if the trustee or debtor-in-possession is operating a business, no compensation

may be paid by the debtor or by any entity owned or controlled by the debtor, to any of the

following from the date of the order of relief until the confirmation of the plan:

(1) the debtor, if the debtor is an individual;

(2) a partner, if the debtor is a partnership;

(3) an officer, stockholder, or director, if the debtor is a corporation;

(4) a manager or member, if the debtor is a limited liability company; or

(5) an individual who is—

[A] an insider of an individual debtor,

[B] an insider of a partner of a partnership debtor, or

[C] an insider of an officer, stockholder, or director of a corporate debtor.

(b) Notice of Intent to Pay Compensation. The trustee or debtor-in-possession must give

notice conforming to AK LBF 26 to:

(1) United States trustee;

(2) any committee appointed under the Code, or if no committee appointed, the five largest

unsecured creditors;

(3) all secured creditors with claims in excess of $50,000.00; and

(4) parties requesting notice.

(1) Compensation may commence no sooner than seven (7) days after notice is given.

(2) If an objection is filed, the trustee or debtor-in-possession may continue compensation at

the average monthly salary for the year preceding bankruptcy pending a hearing.

(3) The court will ordinarily schedule a hearing within fourteen (14) days of a request.

(4) Objections to compensation may be filed at any time.

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(d) Limitation on Compensation. The trustee or debtor-in-possession may not pay

compensation in excess of that contained in the notice, unless an amended notice is filed

and served in accordance with this rule.

Rule 2016-3 General Administrative Expenses

(a) General.

(1) Any entity having unpaid administrative expenses under § 503 of the Code, other than

as provided in AK LBR 2016-1 or AK LBR 2016-2, may file an application for the

payment of unpaid expenses.

(2) Applications for reimbursement of administrative expenses must:

[A] itemize the amounts sought and describe the goods, services, or benefits provided

the estate; and

[B] should have copies of all invoices or statements attached to the application.

(b) Chapter 7 Cases. In a case under chapter 7 of the Code, applications for payment of

administrative expenses may be filed at any time before completion of administration of the

estate, but in any event not later than the last day set for filing objections to the Trustee’s

Final Report Before Distribution

confirmed by the court or the order of confirmation, in a case under chapter 9 or 11 of the

Code:

(1) all applications for unpaid administrative expenses must be filed and served not later

than sixty (60) days after the effective date of the plan; and

(2) not less than thirty (30) days before the deadline for filing applications for payment of

administrative expenses, the debtor in possession (or trustee, if one is appointed) must

give notice to all known administrative expense claimants of the deadline for filing and

application for payment in form substantially conforming to AK LBF 33.

(d) Chapter 12 and 13 Cases. In a case under chapter 12 or 13 of the Code, applications for

administrative expenses may be filed and served at any time before completion of the plan,

provided that the request is filed and served within a reasonable time after the costs were

incurred, goods provided or services performed.

(e) Service. All applications for payment of administrative expenses must be:

(1) served on—

[A] the trustee, if one has been appointed,

[B] the debtor or debtor in possession, and

[C] any committee appointed under the Code; and

(2) transmitted to the United States trustee.

(f) Notice.

(1) Applications for payment must be noticed by the applicant in accordance with AK LBR

2002-1(a).

(2) Applicants must keep themselves informed of the progress of administration of the

estate so that:

[A] notice may be included in the notice of the final accounting; or

[B] notice can be sent within the time allowed after confirmation of a plan in a case

under chapter 9 or 11.

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Part III: Claims and Distributions to Creditors and Equity Interest Holders; Plans

Rule 3002-1 Claims

(a) Place of Conventional Filing. Proofs of claim or interest filed conventionally must be filed

with the Clerk of the Bankruptcy Court, Room 138, 605 West Fourth Avenue, Anchorage,

Alaska 99501-2296 or at the Office of the Deputy Clerk of the United States District Court,

101 12th Avenue, Room 370, Box 1, Fairbanks, Alaska 99701.

(b) Claims Arising from Rejection of Executory Contracts.

(1) Claims arising from the rejection of executory contracts must be filed on or before the

last date for filing proof of claims or thirty (30) days after entry of the order authorizing

rejection, whichever date is later.

(2) Notice of the 30-day bar date must be included in the order approving rejection of an

executory contract.

without counsel, a creditor filing a proof of claim must serve a legible, complete paper copy

of the claim, including a copy of all supporting documentation, by first class mail on the

debtor.

(d) 11 U.S.C. § 506(b) Claims in Chapter 13 Cases

(1) A secured creditor having a claim for post-petition fees, costs or charges under § 506(b)

of the Code, which claim is to be paid by the trustee under the terms of the plan, must,

not later than thirty (30) days after entry of the order confirming the plan:

[A] file with the court an application for allowance of the claim, setting forth the amount

of the post-petition fees, costs and charges claimed to be due; and

[B] transmit the application to the United States trustee; and

[C] serve it on—

(i) the debtor,

(ii) trustee,

(iii) the five (5) largest unsecured creditors, and

(iv) any creditor having or claiming to have an interest in the property securing the

claim.

(2) A party objecting to the application for allowance of post-petition fees, costs and charges

may serve and file an objection within fourteen (14) days after service of the application.

(3) If no objection is filed as specified in paragraph (g) (2), the application for allowance of

post-petition fees, costs or charges will be deemed approved or allowed without further

order of the court.

Interim Rule 3003-1 Proofs of Claim in Chapter 9 and 11 Cases, Including Small Business

Debtors Filing Under Subchapter V of Chapter 11

(a) Deadline for Filing.

(1) Chapter 9 and Chapter 11. The deadline for filing proofs of claim in a chapter 9 or

chapter 11 case, excluding those chapter 11 cases filed as small business debtors under

subchapter V, is ninety (90) days from the date of the order for relief.

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(2) Chapter 11- Subchapter V Small Business Debtor. The deadline for filing proofs of

claim in a chapter 11 case filed as a small business debtor under subchapter V is

seventy (70) days from the date of the order for relief.

(3) Governmental Units. The deadlines set forth in subsections (1) and (2) above are not

applicable to governmental units filing proofs of claim, which claims remain due

180 days from the order for relief as governed by 11 U.S.C. § 502(b)(9).

(b) Notice to Unscheduled Claimants or Claimants Scheduled as Disputed, Contingent, or

Unliquidated. Notice of the claims bar date applicable to creditors or equity security holders

whose claims or interests are scheduled as disputed, contingent, or unliquidated, shall be

included in the Notice of Chapter 11 Bankruptcy Case. The Clerk shall cause a copy of this

Notice, which includes instructions for obtaining a proof of claim form, to be served at the

inception of the case on all parties on the matrix, through the Bankruptcy Noticing Center.

(1) A debtor who amends the schedules to add a claim or interest shall provide notice of

such addition to the claimant or interest holder. If an amendment is filed in a case to

show an existing claim or interest as disputed, contingent, unliquidated, or reduced in

amount, the debtor must provide notice of such amendment to the holder of the claim.

(2) The supplemental notice must be a separate document and inform the claim holder:

[A] of the need to file a proof of claim or interest if that claimant disagrees with the

treatment of the claim in the amended schedule; and

[B] that if a proof of claim is not filed by the time set forth in the supplemental notice, the

claimant may lose the right to participate in the case and to participate in any

distribution.

(3) A creditor or equity security holder affected by an amendment to the schedules may file

a proof of claim or interest within forty-five (45) days from the date notice of the

amendment to the schedules is served on that party or the claims bar date specified in

subparagraph (a) above, whichever is later.

(4) If necessary, any confirmation hearing will be continued for the purpose of allowing

balloting by the creditors and equity security holders affected by the amendment.

(d) 11 U.S.C. § 506(b) Claims in Chapter 9 and 11 Cases.

(1) An agreement between the debtor and a secured creditor having a claim under § 506(b)

of the Code for the allowance of post-petition interest, fees, costs and expenses must be

evidenced by a stipulation filed with the court setting forth the agreed amount to be

allowed as post-petition interest, fees, costs and expenses.

(2) [A] In the absence of an agreement between the debtor and the secured creditor, a

secured creditor having a claim under § 506(b) of the Code must file an application

for allowance of the claim including post-petition interest, fees, costs and expenses.

[B] Unless otherwise ordered by the court, the application must be filed not later than

sixty (60) days after notice of entry of the order confirming the plan of reorganization.

(3) The stipulation or application for allowance of post-petition interest, fees, costs and

expenses must be:

[A] transmitted to the United States trustee; and

[B] served on—

(i) the debtor or trustee, if one has been appointed,

(ii) any committee appointed in the case, and

(iii) any creditor having or claiming to have an interest in the property securing the

claim.

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(4) A party objecting to the stipulation or application for allowance of post-petition interest,

fees, costs and expenses may serve and file a written objection thereto within fourteen

(14) days after service of the stipulation or application for allowance.

(5) If no objection is filed as specified in paragraph (d)(4), the stipulation or application for

allowance of post-petition fees, costs or charges will be deemed approved or allowed

without further order of the court.

Rule 3004-1 Claim by Debtor or Trustee

(a) A proof of claim or interest filed by a debtor under § 501 of the Code must be served on the

trustee and the creditor on whose behalf the proof of claim was filed.

(b) A proof of claim or interest filed by a trustee under § 501 of the Code must be served on the

debtor and the creditor on whose behalf the proof of claim was filed.

Rule 3012-1 Valuation of Collateral

(a) How Raised. The value of collateral for a secured claim may be bought before the court for

determination by separate motion or as part of an objection to claim filed under Rule 3007,

Federal Rules of Bankruptcy Procedure.

(b) Motion/Objection to Proof of Claim. A motion to value collateral or an objection to a proof

of claim that raises the issue of valuation must:

(1) state—

[A] value of the collateral,

[B] method of determining the value,

[C] amount of the claim, if any, that is secured,

[D] the date by which the opposition must be filed, and

[E] in case filed under chapter 13, the hearing date on the motion or objection; and

(2) be served on—

[A] each creditor having or claiming a security interest in the collateral,

[B] the trustee, and

[C] if represented by counsel, counsel for each.

(1) A secured creditor who disagrees with the valuation of the collateral securing the

creditor’s claim may:

[A] File an objection to the valuation, which objection must state the—

(i) creditor’s opinion of the value of the collateral,

(ii) method of determining the value, and

(iii) amount of the claim that is secured; and

[B] serve the objection on—

(i) the debtor,

(ii) any other creditor having or claiming to have a security interest in the collateral,

(iii) the trustee, and

(iv) if represented by counsel, counsel for each.

(2) The objection to the motion must be filed and served not later than twenty-one (21) days

after the motion is served.

(3) Upon receipt of the objection, if requested by the creditor, the debtor must make the

collateral available for examination and appraisal.

(4) Not later than seven (7) days after an objection to valuation has been served, the debtor

must:

[A] File a reply either—

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(i) accepting the creditor’s valuation, or

(ii) controverting the creditor’s objection; and

[B] serve the reply on—

(i) the objecting creditor,

(ii) any other creditor having or claiming to have a security interest in the collateral,

(iii) the trustee, and

(iv) if represented by counsel, counsel for each.

(5) Failure of the debtor to file a timely controverting reply under paragraph (4) will be

deemed an acceptance of the creditor’s valuation.

(d) Hearing. Except as otherwise provided by these Rules, any party desiring a hearing on the

motion and any opposition thereto must request a hearing by submitting a Calendar

Request.

(e) Mandatory Discovery Exchange.

(1) Unless otherwise ordered by the court or as provided by rule, in any case in which the

valuation of collateral is placed at issue the parties must exchange all valuation data and

appraisals not later than seven (7) days before the hearing; and

(2) Any party refusing or failing to comply with paragraph (1) may be subjected to such

sanctions as the court may deem appropriate under the circumstances, including the

assessment of costs and attorney’s fees and/or the exclusion of the evidentiary materials

not produced.

(f) Chapter 13 Cases. Unless otherwise ordered by the court:

(1) a motion to value collateral under Rule 3012, Federal Rules of Bankruptcy Procedure

must be served and filed not later than the time the Plan and Notice of Confirmation

Hearing Date is served; and

(2) the hearing thereon will be held at the same time as the hearing on confirmation of the

plan.

Rule 3015-1 Chapter 13 Plans

(a) Format. Unless otherwise ordered by the court, a chapter 13 plan must conform to AK LBF

5 and include the plan, disposable income, and liquidation analyses, and schedule of direct

payments to creditors attached to AK LBF 5.

(b) Contents.

(1) The Alaska Permanent Fund Dividend is to be included in paragraph 2(b) of AK LBF 5

and may not be included in the regular periodic payments provided in paragraph 2(a).

(2) Payments to all secured creditors whose claims are not modified and provided for in

paragraph 3(e) of AK LBF 5, other than payments to the holders of residential

mortgages, must be included in paragraph 3(f) of AK LBF 5.

(3) Paragraph (3)(h) of AK LBF 5 may be modified to provide separate classes of unsecured

claims to the extent provided by § 1322(b)(1) of the Code.

(4) The following matters may not be accomplished through a chapter 13 plan:

[A] lien avoidance;

[B] objections to claims;

[C] determination of the dischargeability of debts;

[D] valuation of collateral; and

[E] reduction of interest rates.

debtor chapter 13 plan payments will be by payroll deduction.

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(d) Reporting Income/Expenses.

(1) Schedules of income and expenses, and required periodic financial reports, if any, must

clearly delineate the source and amount of gross receipts and projected expenditures.

(2) Expenses incident to the production of any non-wage income must be accurately set

forth.

(e) Certification. The plan must be signed by the debtor and debtor’s attorney, if represented

by counsel, which signatures constitute certification that the plan complies with the

provisions of the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure and this

rule.

Rule 3015-2 Amendment of Chapter 13 Plans

(a) The proposed plan may be amended:

(1) as a matter of course without leave of court at any time prior to the first date set for the

confirmation hearing; or

(2) at or after the first confirmation hearing if the plan is not confirmed.

(b) Any amendment prior to confirmation must be in the form of an amended plan.

(1) [A] If the amendment does not adversely affect any other party in interest, the court may

confirm the plan as amended without further notice or a hearing to those unaffected

parties.

[B] If the amendment would adversely affect another party in interest, the plan as

amended must be mailed to each adversely affected party with a notice providing

twenty-eight (28) days to object to the amendment.

Rule 3015-3 Confirmation of Chapter 13 Plans

(a) Applicability of Rule. Unless otherwise ordered by the court, in all chapter 13 cases the

plan confirmation process will conform to this rule.

(b) Service of the Plan and Notice.

(1) The debtor must mail the chapter 13 plan, plan analysis, Notice of Date to File

Objections, and Notice of Confirmation Hearing Date to creditors not later than twentyeight (28) days after:

[A] the date the petition is filed in a case commenced as a case under chapter 13 of the

Code; or

[B] the date of the order converting the case in a case converted to chapter 13 from

another chapter of the Code.

(2) The trustee may lodge a dismissal order if the plan is not timely noticed to creditors.

(1) Any objection to the confirmation of the plan must be:

[A] in writing;

[B] filed not later than twenty-one (21) days after—

(i) the first date set for the meeting of creditors under § 341(a) of the Code in a case

commenced under chapter 13 of the Code; or

(ii) the first date set for the meeting of creditors under § 341(a) of the Code following

conversion in a case converted to a case under chapter 13 from another chapter

of the Code;

[C] transmitted to the U.S. trustee; and

[D] served on—

(i) the trustee,

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(ii) debtor, and

(iii) debtor’s attorney.

(2) [A] An objection to confirmation must set forth with specificity the grounds for objection,

identifying those provisions of §§ 1322 or 1325 of the Code with which the plan does

not comply.

[B] An objection that does not comply with the requirements of subparagraph (2)[A] may

be disregarded by the court.

(3) If a party filing an objection to confirmation does not appear at the confirmation hearing,

the court may deem the objection as having been withdrawn.

(d) Trustee’s Recommendation. The trustee must file a recommendation on plan confirmation:

(1) not later than twenty-eight (28) days after—

[A] (i) the first date set for the meeting of creditors under § 341(a) of the Code in a case

commenced under chapter 13 of the Code, or

(ii) the first date set for the meeting of creditors under § 341(a) of the Code following

conversion in a case converted to a case under chapter 13 from another chapter

of the Code;

(2) serve the recommendation on—

[A] the debtor,

[B] debtor’s counsel,

[C] the holder of any domestic support obligation, and

[D] any party having filed an objection; and

(3) if the trustee recommends confirmation and no objection has been timely filed, the

trustee must lodge a proposed order confirming the plan.

(e) Response to Objection to Plan or Trustee’s Recommendation.

(1) In the event that an objection to the plan is timely filed under subsection (c) or the

trustee files a recommendation that the plan not be confirmed, the debtor must:

[A] (i) file an amended plan, and

(ii) serve the amended plan, together with notice of the time to object, on the trustee

and all objecting parties; or

[B] (i) file a response to the objection or trustee’s recommendation, and

(ii) serve the response on the trustee and all objecting parties;

(2) The debtor must serve and file the amended plan or response not later than thirty-five

(35) days after—

[A] the first date set for the meeting of creditors under § 341(a) of the Code in a case

commenced under chapter 13 of the Code; or

[B] the first date set for the meeting of creditors under § 341(a) of the Code following

conversion in a case converted to a case under chapter 13 from another chapter of

the Code.

(3) The trustee may lodge a dismissal order if the debtor does not timely file an amended

plan or response as provided in paragraph (e)(1).

(f) Domestic Support Obligation Certification.

(1) In the event that no objection to confirmation is timely served and filed and the trustee

recommends that the plan be confirmed, not later than seven (7) days after the trustee’s

recommendation is served and filed, the debtor must:

[A] file a certification under penalty of perjury that—

(i) all domestic support payments coming due since the date the petition was filed

have been paid, and

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(ii) if any domestic support payment will come due within the next immediately

following fourteen (14) days, that debtor expects to have sufficient funds and will

make that payment on or before its due date;

[B] transmit the certification to the U.S. trustee; and

[C] serve the certification on—

(i) the trustee, and

(ii) the holder(s) of any domestic support claim(s).

(2) If the debtor fails to serve and file the certification as provided in paragraph (1), the

debtor must:

[A] at the confirmation hearing provide evidence that all domestic support payments

coming due since the petition was filed have been paid; or

[B] show cause why the case should not be dismissed.

(g) Confirmation Hearing.

(1) Unless otherwise ordered by the court, the confirmation hearing will be set automatically

by the court without request.

(2) Upon the request of the debtor, U.S. trustee, trustee, or a creditor who has filed an

objection to the plan or amended plan, for good cause shown, the court may continue

the confirmation hearing for a period of not more than thirty (30) days.

(3) Matters ancillary to confirmation are to be filed, served, scheduled and noticed as

provided in AK LBR 2083-1.

(h) Confirmation Without a Hearing. The chapter 13 plan or amended plan may be confirmed

without a hearing if:

(1) [A] no objection to the plan or amended plan is timely filed,

[B] the trustee recommends confirmation, and

[C] the debtor files the certification provided in paragraph (f)(1);

(2) [A] any timely filed objection to the plan or amended plan is withdrawn, and

[B] the trustee recommends confirmation; or

(3) upon the stipulation of the debtor, trustee and any interested party who has filed an

objection to the plan or amended plan.

Rule 3015-4 Payments by Chapter 13 Debtor

(a) Payments to Secured Creditors. Unless otherwise ordered by the court, all payments

required to be made under § 1326(a)(1)(C) of the Code on debts paid through the plan must

be made to the trustee concurrently with the payment required by § 1326(a)(1)(A) of the

Code.

(b) Reporting Requirements for Payments Made Directly to Creditors.

(1) As a separate attachment to the plan, the debtor must provide a written schedule of all

existing payment obligations as defined in § 1326(a)(1)(B) or (C) of the Code and all

domestic support payments coming due after the date the petition was filed.

(2) On or before the third business day of each month, the debtor must provide the trustee

with a certification of payments made directly by the debtor(s) during the preceding

month:

[A] in the form substantially similar to AK LBF 5B; and

[B] having attached a copy of the receipt received from the creditor or, if no receipt was

received, a photocopy of the check or other instrument used to make the payment.

Rule 3015-5 Payments by Chapter 13 Trustee

(a) Payments by Trustee.

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(1) Unless otherwise ordered by the court, upon notice and hearing, for good cause shown,

or as otherwise provided by rule, the trustee will commence payments under the plan not

later than the last business day of the month following the later of the entry of the order

confirming the plan or the last day for filing a proof of claim by a governmental unit.

(2) Unless otherwise provided in the plan or the order confirming the plan, the trustee will

make distributions under the confirmed plan not later than the last business day of each

month.

(3) Prior to confirmation of the plan, the trustee will disburse any payment as defined in §

1326(a)(1)(B) or (C) of the Bankruptcy Code to the creditor entitled to such payment not

later than the last business day of each month.

(b) Effect of Payments.

(1) Notwithstanding any other provision in the contract between the debtor and any creditor,

payments by the debtor that are made timely to the trustee as provided in the plan or by

otherwise applicable law or rule and timely distributed by the trustee are conclusively

presumed to have been made timely for all purposes.

(2) If the debtor timely pays the amount of the allowed claim for any arrearage as provided

in Paragraph 2(d) of the plan, while making all required postpetition payments, the

mortgage or secured loan agreement will be reinstated according to its original terms,

extinguishing any right of the lender to recover any amount alleged to have arisen prior

to the filing of the petition.

Rule 3015-6 Chapter 12 Cases

(a) Plan.

(1) Unless otherwise ordered by the court, a chapter 12 plan should substantially conform to

AK LBF 5 and include the plan and liquidation analyses attached to AK LBF 5.

(2) [A] The Alaska Permanent Fund Dividend is to be included in paragraph 1(b) of AK LBF

5 and may not be included in the regular periodic payments provided in paragraph

1(a).

[B] Paragraph (2)(e) of AK LBF 5 may be modified to provide separate classes of

unsecured claims to the extent provided by § 1222(b)(1) of the Bankruptcy Code.

[C] The following matters may not be accomplished simply by inclusion in a chapter 12

plan:

(i) lien avoidance;

(ii) objections to claims;

(iii) determination of the dischargeability of debts; and

(iv) valuation of collateral.

(3) The plan must be signed by the debtor and, if represented by counsel, debtor’s attorney,

which signatures constitute certification that the plan complies with the provisions of the

Bankruptcy Code, the Federal Rules of Bankruptcy Procedure and this rule.

(b) Reporting Income/Expenses.

(1) Schedules of income and expenses, and required periodic financial reports, if any, must

clearly delineate the source and amount of gross receipts and projected expenditures.

(2) Expenses incident to the production of any non-wage income must be accurately set

forth.

Bankruptcy Procedure, must be filed not later than the later of:

(1) Twenty-one (21) days after the conclusion of the meeting of creditors held under § 341

of the Code; or

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(2) Sixty (60) days after the petition is filed.

(d) Scheduling Hearings. The debtor should, to the extent practicable, move, notice and

submit a calendar request for all hearings on objections to claims under Rule 3007, Federal

Rules of Bankruptcy Procedure, valuations of collateral under Rule 3012, Federal Rules of

Bankruptcy Procedure, and any other miscellaneous motions in conjunction with a chapter

12 case, so that the hearings on all motions are set for the same time, date and place.

Rule 3016-1 Status Conferences in Chapter 11 Cases

(a) Scheduling.

(1) [A] The court may, upon its own motion or upon request by a party in interest, set a case

for a status and scheduling conference.

[B] Unless set by the court on its own motion or requested by the debtor, the status

conference will ordinarily not be scheduled less than forty-five (45) days after the

order for relief is entered.

(2) Any party in interest or the United States trustee may request the court set a status and

scheduling conference by submitting a Bankruptcy Court Calendar Request form (AK

LBF 7).

(b) Notice.

(1) Notice of the status and scheduling conference hearing must be given to all parties in

interest not less than fourteen (14) days prior to the conference date.

(2) Unless otherwise ordered by the court:

[A] if the status and scheduling conference is made at the request of a party in interest,

the party requesting the status and scheduling conference must provide the required

notice; and

[B] status and scheduling conferences set by the court on its own motion will be noticed

by the debtor in possession (or trustee, if one has been appointed).

(1) Not less than seven (7) days before the date set for the status and scheduling

conference, the debtor in possession (or trustee, if one is appointed) must file with the

court a statement of the status of the case, including:

[A] any pending proceedings and the impact, if any, on the formulation of the plan;

[B] any proceedings contemplated to be initiated by the debtor in possession, including

any actions to avoid preferential or fraudulent transfers, recover property of the

estate, or any other proceeding materially affecting the reorganization or

rehabilitation of the debtor, providing—

(i) brief description of the proceedings,

(ii) date by which the debtor intends to initiate the action,

(iii) date by which it is anticipated the proceedings will be concluded, excluding any

appeal time,

(iv) the impact of the proceedings on the formulation of a plan;

[C] any unusual or extraordinary administration problems known to or anticipated by the

debtor in possession;

[D] the date by which the debtor in possession anticipates filing a plan and its

accompanying disclosure statement;

[E] recommendation by the debtor in possession concerning scheduling and whether

combining the hearing on approval of the disclosure statement with the plan

confirmation hearing is appropriate; and

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[F] such other information as the debtor in possession may deem appropriate and

necessary to setting a schedule for matters to be brought before the court.

(2) The status report must be transmitted to the United States trustee and served on any

committee appointed under the Code.

(3) Not less than three (3) business days before the date scheduled for the status and

scheduling conference, any party in interest, including the United States trustee, may file

with the court and serve on the debtor in possession (or trustee, if one has been

appointed) and transmit to the United States trustee, a written statement covering those

matters provided for in paragraph (c)(1).

(d) Conference. At the status and scheduling conference, the court may:

(1) set the date by which the debtor (or trustee, if one has been appointed) must accept or

reject an executory contract or unexpired lease;

(2) set the date by which the debtor (or trustee, if one has been appointed) must file a plan

and disclosure statement;

(3) set the date by which a party in interest, other than the debtor, may file a plan and

disclosure statement;

(4) set the date by which the debtor (or trustee, if one has been appointed) will solicit

acceptances of the plan;

(5) fix the notice to be provided regarding the hearing on approval of the disclosure

statement;

(6) provide that the hearing on approval of the disclosure statement may be combined with

the hearing on confirmation of the plan;

(7) direct that a particular format of plan or disclosure statement must be used or provide for

any deviation from the requirements of the Federal or Local Rules;

(8) set the claims bar date;

(9) set the date by which the debtor (or trustee, if one has been appointed) and/or any

interested party must file objections to claims filed;

(10) set the date by which the debtor (or trustee, if one has been appointed) must file any

actions to avoid transfers or recover property of the estate; or

(11) enter any other order relating to the efficient, economical and expeditious administration

of the bankruptcy estate as the court may deem necessary or appropriate in the case.

Rule 3016-2 Chapter 11 Disclosure Statement

(a) Table of Contents. Unless otherwise ordered by the court, a disclosure statement must

contain a table of contents, with appropriate page numbers, that fully lists the headings

and subheadings set forth in subsection (b).

(b) Content. Unless otherwise ordered by the court or as provided in AK LBR 3017-2, the

disclosure statement must include information covering the following topics, when

applicable:

(1) Short history of the business activities of the debtor covering the five-year period

preceding the petition filing date, or such shorter period as the debtor has been

operating its business.

(2) General nature of the business transacted and to be transacted by the debtor.

(3) A complete description of equity interests,

including:

[A] number and classes of shares;

[B] description of the voting rights and other properties or attributes of the stock; and

[C] any outstanding options.

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(4) Names and addresses of all persons owning more than five percent (5%) of any

equity interest and the percentage so held.

(5) For all debtors, a listing of affiliate entities and their relationships to the

debtor.

(6) Complete description of the business, including:

[A] competitive conditions in the industry and debtor’s competitive condition;

[B] principal product(s) and/or services;

[C] current backlog of business (e.g. current orders for products or services or

current uncompleted contracts to provide products or services) and comparable

figures for the same time during each of the two (2) years preceding the date the

plan is filed;

[D] (i) if a manufacturing or fabricating business, source and availability of raw

materials, or

(ii) if a retail or wholesale business, source and availability of goods or product

sold in the ordinary course of business;

[E] existence and significance of any patents, trademarks, licenses, franchises and

concessions;

[F] nature, scope and importance of any research and development activities;

[G] number of persons employed by category (e.g., executive officers, supervisory

personnel, production personnel, sales personnel);

[H] seasonal nature of business;

[I] description of any foreign operations; and

[J] governmental regulatory agencies having jurisdiction over debtor’s operations,

including the nature of the regulatory supervision and any problems encountered

or anticipated.

(7) Description of any pending and anticipated legal or administrative proceedings.

(8) Description of securities to be issued, if any, and consideration to be received in

connection with the issuance.

(9) Information regarding officers and directors of a corporation, general partners of a

partnership, or managers of a limited liability company to be continued in office upon

confirmation of the plan, including:

[A] name and position held;

[B] familial relationship, if any, to:

(i) other officers,

(ii) directors,

(iii) general partners, or

(iv) managers;

[C] complete disclosure of all remuneration, including salaries, bonuses, fringe

benefits, and stock options; and

[D] whether or not each individual is an “insider.”

(10) Financial information that accurately sets forth:

[A] summaries of tax returns for the three (3) tax years preceding the date the plan is

filed;

[B] current balance sheet, including all appropriate footnotes and assumptions;

[C] projected balance sheet applicable upon confirmation of the plan, including all

appropriate footnotes and assumptions;

[D] income statements accurately reflecting debtor’s income and expenses since the

fiscal year of the debtor’s last tax return until two (2) months prior to the filing

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of the disclosure statement;

[E] income/expense and cash flow projections of operations over the term of the

payment to unsecured creditors or five (5) years, whichever is less, including all

assumptions underlying those projections;

[F] a schedule of payments to be made towards obligations undertaken by the

debtor as part of the plan;

[G] a description of the debtor’s working capital position and any changes thereto

expected to occur within the first twelve (12) months of the plan;

[H] brief explanation of the tax consequences, if any, of plan confirmation;

[I] if applicable, income and expense information for each profit center, line of

business and class of similar products or services;

[J] attorney and professional fees for debtor and all payments made or expected to be

made for services in connection with the case or plan;

[K] if the plan calls for the liquidation of real or personal property in conjunction

with the plan, current values of the property to be liquidated;

[L] source of financial information in paragraphs [A]-[K] hereof and the qualifications

of the source;

[M] a list, by the classes established in the plan and alphabetically within each class,

of all claims and interests for which proofs of claim have been filed or deemed

filed in the case that are allowed or deemed allowed, that includes:

(i) the name of the holder of each claim or interest, and

(ii) the claimed or deemed allowed amount of each claim or interest;

[N] a list of all disputed, contingent and unliquidated claims for which the claimants

have filed proofs of claim and a discussion of the impact, if any, the allowance

of these claims will have on the plan, debtor and other parties in interest; and

[O] a liquidation analysis with a specific description of all assumptions underlying the

analysis.

(11) Description of the plan, how it is to be implemented and its effect on all classes of

creditors and equity interests.

(12) Description of management to be retained and compensation to be paid, including

as a minimum:

[A] for corporations(i) the chief executive officer,

(ii) chief operating officer,

(iii) chief financial officer, and

(iv) general managers of any facility, division or department;

[B] for limited partnerships(i) the general partners, and

(ii) any general manager of any facility, division or department;

[C] for general partnerships(i) the managing partner or members of any management committee, and

(ii) general managers of any facility, division or department;

[D] for limited liability companies, any manager or member; and

[E] for individuals, the debtor and any person holding a position comparable to the

chief executive officer, chief operating officer, chief financial officer or general

manager of a corporate entity.

(13) Any dividends, draws or other payments, other than as compensation as set forth in

paragraph (b)(9) or reimbursement of expenses incurred in the ordinary course of

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debtor’s business, contemplated to be made to, or for the benefit of, equity

security holders, partners, members, or individual debtors.

(14) Transactions with insiders and potential conflicts of interest involving each member

of management for which disclosure is made under paragraph (b)(12), and of

every shareholder, partner or member holding more than a ten percent (10%) equity

or profits interest in debtor, including:

[A] full particulars of the nature and extent of the interest of those persons in any

property acquired other than in the ordinary course of business of the debtor within

two years preceding the filing of the petition;

[B] description of management contracts and any contracts made other than in the

ordinary course of business with those persons;

[C] loans made to or obligations incurred by such persons;

[D] any guarantees of indebtedness by or for those persons; and

[E] transactions with those persons that are necessary to, or contemplated by, the

plan.

(15) Information concerning changes occurring within the twelve (12) months preceding

the disclosure statement affecting revenue and expenses, including:

[A] product mix;

[B] added, discontinued or significantly modified operations;

[C] advertising, research, development, product introduction or deletion, or other

discretionary costs;

[D] acquisition or disposition of any material asset other than in the ordinary course of

business;

[E] material extraordinary charges or gains, including charges associated with any

discontinuation of operations; and

[F] material changes in assumed investment return.

(16) Information concerning changes expected to occur within the first twelve (12)

months of the plan affecting revenue and/or expenses, including any closing of a

facility, branch or other material interruption, completion of a material contract, or

any event that will materially reduce or increase revenues in subsequent periods (as

used herein, “materially’’ means a change often (10) or more percentage points).

(17) Other information, including:

[A] extraordinary risk factors;

[B] nondischargeable debts (individuals only);

[C] effect of plan on retiree benefits, if any;

[D] brief explanation of the cause of debtor’s financial difficulties and the reason(s)

those difficulties are not expected to recur during the life of the plan;

[E] vote required for acceptance of the plan; and

[F] disposition of equity interests in corporate, partnership, or limited liability company

debtors.

information required by subsection (b), the debtor must provide a computation of

debtor’s disposable income determined as provided in § 1325(b)(2) of the Code, itemized

to show how the amount is calculated.

(d) Consultation with United States Trustee. Unless waived by the United States trustee,

not less than seven (7) days before the plan and disclosure statement are filed,

counsel for the proponent or the proponent will consult with the United States trustee

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regarding the proper formulation of a plan and disclosure statement.

Rule 3016-3 Chapter 11 Plan

(a) Table of Contents. A plan must contain a table of contents that appropriately lists the

headings and subheadings of the plan with page numbers.

(b) Substantial Consummation. A chapter 11 plan of reorganization must clearly set forth

what events or acts the plan proponent considers constitutes substantial consummation of

the plan, as defined in § 1101(2) of the Code.

(1) set forth the date certain by which liquidation must occur and provide for an alternative if

liquidation does not occur by the date so set; and

(2) if the debtor is an individual, indicate whether the debtor will engage in business after

consummation of the plan.

(d) Notes. If the plan calls for definite payments to unsecured creditors over time, contain a

provision calling for the issuance of promissory notes or individualized statements

memorializing the amount of the claims and the payments due over the life of the plan.

Rule 3017-1 Hearing on Chapter 11 Disclosure Statement

(a) Request for Hearing. Unless otherwise ordered by the court or as provided in AK LBR

3017-2, the proponent of the proposed plan must:

(1) within seven (7) days after filing the proposed plan and disclosure statement file a

calendar request with the court requesting a hearing date on the disclosure statement;

and

(2) when a hearing date has been set by the court, forthwith prepare and submit to the court

for signature an Order and Notice for Hearing on Disclosure Statement complying with

the appropriate Official Form.

(b) Notice of Hearing. The proponent of the proposed plan must:

(1) serve a copy of the Order and Notice for Hearing on Disclosure Statement (using the

appropriate Official Form) on the Master Mailing List in the time ordered by the court, but

in any event, not less than twenty-eight (28) days prior to the last day to object to

approval of the disclosure statement; and

(2) file an affidavit of service of the Order and Notice for Hearing on Disclosure Statement.

(1) Objections to the disclosure statement must be filed and served on the proponent of the

disclosure statement and transmitted to the United States trustee not less than seven (7)

days prior to the hearing on approval of the statement.

(2) Grounds for objection must be:

[A] addressed to the adequacy of the disclosure statement only; and

[B] stated with specificity.

Rule 3017-2 Disclosure Statements in Small Business Cases

(a) Content. In a case that is a “small business case” as defined in § 101(51C) of the Code, the

following provisions of AK LBR 3016-1 apply to the disclosure statement or, in a case to

which subsection (d) applies, the plan:

(1) paragraphs (1), (2), (3), (6)[C], (6)[E], (6)[I], (6)[J], (7), (9), (10), (11), (12), (13), (14), and

(17) of subsection (c);

(2) subsection (d); and

(3) subsection (e).

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(b) Transmittal to U.S. Trustee. Concurrent with the filing, except as provided in subsection

(e), the proponent of a plan must transmit a copy of the proposed disclosure statement and

plan to the U.S. trustee.

(1) Within fourteen (14) days after the disclosure statement is filed and transmitted, the

United States trustee must file with the court and serve on the party filing the disclosure

statement a statement signifying that the United States trustee has:

[A] reviewed the disclosure statement; and

[B] finds that the disclosure statement either—

(i) provides adequate information as required by § 1125 of the Code, or

(ii) does not contain adequate information as required by § 1125, briefly delineating

those areas that, in the opinion of the United States trustee, are deficient.

(2) If the United States trustee objects to the adequacy of the disclosure statement or the

court finds the disclosure statement inadequate, the court will schedule a hearing on the

disclosure statement with counsel for the proponent and the United States trustee to

discuss the perceived deficiencies.

(3) If the United States trustee signifies that the disclosure statement provides adequate

information, the court may conditionally approve the disclosure statement without further

hearing.

(d) Objections to Conditionally Approved Disclosures Statements.

(1) Unless otherwise ordered by the court, objections to a conditionally approved disclosure

statement must be filed and served on the proponent of the disclosure statement and

transmitted to the United States trustee not less than seven (7) days prior to the hearing

on the confirmation of the plan.

(2) Grounds for objection must be:

[A] addressed to the adequacy of the disclosure statement only; and

[B] stated with specificity.

(3) If no timely objection is filed to the conditionally approved disclosure statement, the

conditional approval is final.

(4) Any objections to the conditionally approved disclosure statement will be heard at the

time and date set for the hearing on the confirmation of the plan immediately prior to the

confirmation hearing.

(e) Waiver of Disclosure Statement. A determination that a plan provides sufficient

information and a separate disclosure statement is not required will be made upon written

motion under Rule 9013, Federal Rules of Bankruptcy Procedure.

(1) The proponent of the plan must transmit the motion and a copy of the proposed plan to

the United States trustee.

(2) Unless otherwise ordered by the court:

[A] subsection (c) applies to motions to waive a separate disclosure statement; and

[B] subsection (d) applies to a plan to which the motion to waive a separate disclosure

statement has been granted and the court has conditionally approved the disclosures

made as adequate.

(f) Objections to Claims, Valuation and Claims Estimation. In small business cases:

(1) [A] Objections to claims under Rule 3007, Federal Rules of Bankruptcy Procedure must

be filed not later than thirty-five (35) days after the claims bar date.

[B] Absent good cause shown, objections to claims must be scheduled for hearing at or

before the confirmation hearing.

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(2) Requests for valuation of security under Rule 3012, Federal Rules of Bankruptcy

Procedure and estimation of contingent and unliquidated claims under §502(c) of the

Code must:

[A] be served and filed not less than thirty-five (35) days prior to the confirmation

hearing; and

[B] unless otherwise ordered by the court, heard concurrently with the confirmation

hearing.

Rule 3018-1 Report of Balloting

(a) The chapter 11 plan proponent must certify to the court, the results of the balloting at least

two (2) business days prior to the confirmation hearing.

(b) The certification must state, for each class:

(1) whether the class is impaired or unimpaired;

(2) the number of holders of claims voting;

(3) the dollar amount of the claims voted;

(4) number and percentage of holders of claims accepting and rejecting; and

(5) the dollar amount and percentage of the claims accepting and rejecting.

(d) The certification must be transmitted to the United States trustee and served on any

committee appointed under the Code.

Rule 3018-2 Acceptance or Rejection and Objections to Chapter 11 Confirmation

(a) Ballots. Unless otherwise ordered, ballots accepting or rejecting the chapter 11 plan must

be delivered to the plan proponent, not filed with the court, at least seven (7) days prior to

the confirmation hearing.

(b) Objections.

(1) Not less than seven (7) days prior to the confirmation hearing, objections to confirmation

must be:

[A] filed with the court;

[B] transmitted to the United States trustee; and

[C] served on—

(i) the proponent of the plan,

(ii) debtor, and

(iii) any committee appointed under the Code.

(2) Grounds for objection to the plan must be stated with specificity, and identify those

provisions of the Code with which the objecting party contends the plan does not

comply.

Rule 3019-1 Modification of Chapter 11 Plan

(a) Amendment/Modification Before Confirmation.

(1) Before Approval of Disclosure Statement. The proponent of an amendment or

modification to a proposed plan or disclosure statement before the disclosure statement

has been approved must, concurrently with filing the amended or modified plan or

disclosure statement:

[A] transmit a copy to the United States trustee; and

[B] serve a copy on—

(i) the debtor,

(ii) the trustee (if one has been appointed),

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(iii) any committee appointed in the case, and

(iv) any other interested party previously provided a copy of the proposed plan and

disclosure statement being amended or modified, or who has filed an objection to

the proposed disclosure statement being amended or modified.

(2) After Approval of Disclosure Statement. The proponent of an amendment or modification

to a proposed plan or disclosure statement after the disclosure statement has been

approved must, concurrently with filing the amended or modified plan or disclosure

statement:

[A] transmit a copy to the United States trustee; and

[B] serve a copy on—

(i) the debtor,

(ii) the trustee (if one has been appointed),

(iii) any committee appointed in the case, and

(iv) any other party in interest whose treatment under the proposed plan has been

amended, modified or otherwise affected by the proposed amendment or

modification to the proposed plan.

(3) Redlined Copy.

[A] The proponent of an amendment or modification to a proposed chapter 11 plan or

disclosure statement must, concurrently with filing the amended or modified plan or

disclosure statement with the court, provide a redlined, highlighted or marked up

paper “chambers” copy of the amendment or modification to the law clerk to the

presiding judge.

[B] The redlined copy must indicate all changes, amendments and modifications made

to the proposed plan or disclosure statement.

(b) Modification After Confirmation.

(1) The proponent of a modification of a confirmed plan must comply with the requirements

of AK LBR 3016-1, 3016-2, 3017-1, 3017-2, 3020-1, and paragraph (a)(3) of this rule,

except that the notice required by AK LBR 3020-1 will specify that the holder of a claim

or interest who has accepted or rejected the plan is deemed to have accepted or

rejected, as the case may be, the plan as modified, unless the holder changes the

holder’s previous acceptance or rejection in writing prior to the date of the confirmation

hearing on the modified plan.

(2) Compliance with AK LBR 3016-1, 3017-1, 3017-2, or 3020-1, will not be required if the

court finds, after hearing on notice to the debtor, trustee (if one has been appointed),

United States trustee, any committee appointed under the Code and any other entity

designated by the court, that the proposed modification does not adversely change the

treatment of any creditor or the interest of any equity security holder who has not

accepted, in writing, the modification, in which case it will be deemed accepted by all

creditors and equity security holders who have previously accepted the plan.

Rule 3020-1 Chapter 11 Confirmation Hearing

(a) Hearing Date.

(1) If no hearing date is set by the court at the hearing approving a disclosure statement, the

proponent of the chapter 11 plan must submit a calendar request to obtain a date for the

confirmation hearing promptly after entry of the order approving the disclosure

statement.

(2) Upon receiving a date for the hearing, the proponent of the plan must prepare and

submit to the court for signature an order complying with the appropriate Official Form.

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(b) Service of Notice. The proponent of the plan must:

(1) serve a copy of the order on all parties on the Master Mailing List within the time

specified in Rule 2002(b), Federal Rules of Bankruptcy Procedure, together with—

[A] the plan or a summary of the plan as approved by the court,

[B] the disclosure statement approved by the court, and

[C] a ballot conforming to the appropriate Official Form; and

(2) file a certificate of service of the order and other required documents.

Rule 3022-1 Postconfirmation Reports/Closing of the Case

(a) Postconfirmation Reports.

(1) Unless the court orders otherwise, not later than thirty (30) days after the end of the

calendar quarter in which the confirmation order is entered and not later than thirty (30)

days after the end of each calendar quarter thereafter until entry of the final decree,

unless a motion for final decree has been filed as provided in subsection (b), the

proponent of the plan must file and transmit to the United States trustee a progress

report on the action taken, progress made toward completion of administration of the

estate, and disbursements made under the confirmed plan during the reporting period.

(2) Each report will substantially conform to AK LBF 29.

(b) Motion for Entry of Final Decree.

(1) Notwithstanding that the plan may not have been substantially consummated, the

proponent of the plan will move the court for entry of a final decree when:

[A] the order of confirmation has become final;

[B] all fees required to be paid under 28 U.S.C. § 1930 have been paid; and

[C] all contested matters, adversary actions or other proceedings requiring action by the

court are completed.

(2) The motion for entry of the final decree should conform substantially to AK LBF 30.

final decree in the form substantially conforming to AK LBF 31 to all persons on the Master

Mailing List maintained by the Clerk of Court.

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Part IV: The Debtor: Duties and Benefits

Rule 4001-1 Stay of 11 U.S.C. § 362 and Codebtor Stay of 11 U.S.C. §§ 1201 and 1301

(a) Motion for Relief from the Automatic Stay.

(1) Motions for relief from the automatic stay under §§ 362(d), 1201(c), or 1301(c) of the

Code must:

[A] conform substantially to AK LBF 1;

[B] not be combined with any other motion or request for relief;

[C] attach copies of:

(i) all security agreements, financing statements, titles and other perfection

documents necessary to prove the validity of the movant’s security interest or

lien; and

(ii) all writings that evidence the underlying debt, including any writing necessary to

prove that the movant is the current holder of the debt, or is otherwise entitled to

enforce the debt, such as a promissory note; and

[D] be accompanied by the requisite filing fee.

[E] A movant who has filed a proof of claim which includes the documentation described

in section (a)(1)[C] above may satisfy that subsection by reference in the motion to

its proof of claim.

(2) All applications or requests for relief under any other provision of § 362 of the Code must

be in the form of a motion and:

[A] contain in the title the subsection under which relief is sought;

[B] not be combined with any other motion or request for relief; and

[C] be accompanied by any required filing fee.

(b) Service of the Motion. In addition to the entities identified in Rule 4001, Federal Rules of

Bankruptcy Procedure, a motion brought under §§ 362, 1201, or 1301 of the Code must be:

(1) transmitted to the United States trustee;

(2) served on—

[A] in a case under chapter 7, 12 or 13, of the Code, both the trustee and the debtor(s);

[B] if the motion seeks relief from stay as to an act against property, to all entities who

hold or claim an interest in the subject property; and

[C] if known, counsel for each entity served.

(1) In cases involving termination of a stay under § 362(d) of the Code, notice of the motion

must conform substantially to AK LBF 2, which provides, among other things, that written

objections to the motion must be filed and served within fourteen (14) days following the

date of service by mail of the notice.

[A] On or before the date the motion is filed, notice of the motion involving termination of

a stay under § 362(d) of the Code must be served in accordance with AK LBR 40011(b), and on all persons who have filed an appearance or request for notice in the

bankruptcy case.

(2) In cases involving termination of the codebtor stay under §§ 1201 or 1301 of the Code,

notice of the motion must conform substantially to AK LBF 3, which provides, among

other things, that written objections to the motion must be filed and served within twenty

(20) days after the motion is filed.

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[A] On or before the date the motion is filed, notice of the motion involving termination of

the codebtor stay under §§ 1201 or 1301 of the Code must be served in accordance

with AK LBR 4001-1(b), and on:

(i) all individuals who are liable on the debt with the debtor; and

(ii) all persons who have filed an appearance or request for notice in the bankruptcy

case.

(3) The moving party must identify, in the certificate of mailing attached to a motion involving

relief from stay under §§ 362(d), 1201 or 1301, each entity served by name, address and

classification in accordance with AK LBR 4001-1(c)(1) or (2).

(4) Alternatively, the moving party may serve a motion involving relief from stay under §§

362(d), 1201 or 1301 on the master mailing list, provided such list encompasses the

entities specified in AK LBR 4001-1(c)(1) or (2), as applicable.

(d) Uncontested Motion. After expiration of the response periods set forth in AK LBR 40011(c)(1) and (2), if no objection or other response to the motion has been filed, the moving

party must:

(1) file a certificate of no objections conforming to AK LBF 4; and

(2) lodge a proposed order granting the relief requested.

(e) Objection to Motion.

(1) An objection to a motion brought under §§ 362(d), 1201, or 1301 of the Code must be

filed and served within the time limits set forth in AK LBR 4001-1(c)(1) and (2).

(2) The objection must fairly and completely state the grounds for the objection, including, to

the extent relevant:

[A] the objecting party’s alleged value of the property;

[B] the amount that the objecting party contends is owed to the moving party;

[C] in arguing the property is necessary to an effective reorganization, a concise

statement of the nature of the necessity and when the expected reorganization will

become effective; and

[D] where equity or an equity cushion is placed at issue, an analysis of all liens and

encumbrances on the property, including—

(i) the nature and amount of each encumbrance, and

(ii) whether the encumbrance is senior or junior to the moving party’s encumbrance.

(3) On or before the date the objection is filed, it must be served on:

[A] the trustee;

[B] the moving party;

[C] the debtor (if the objecting party is not the debtor); and

[D] counsel for each, if any.

(f) Hearing on Contested Motion Under 11 U.S.C. §§ 362(d), 1201, or 1301.

(1) Calendaring of Hearing on Contested Motion. When an objection to a motion brought

under §§ 362(d), 1201, or 1301 of the Code is timely filed and served:

[A] within 24 hours of filing an objection, the objecting party must submit a request for

hearing on the motion by completing and submitting to the court a calendar request

form, AK LBR 7, in accordance with the court’s posted calendar request procedures,

available at www.akb.uscourts.gov;

[B] upon receipt of a properly submitted calendar request, the court will schedule a

preliminary hearing and advise the objecting party of the hearing date;

[C] within 24 hours of the court’s communication regarding the preliminary hearing date,

the objecting party must provide notice of the hearing date and time, both

telephonically and in writing, to:

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(i) the trustee;

(ii) the debtor; and

(iii) counsel for each, if any; and

[D] the objecting party must file with the court a copy of the written notice of hearing.

(2) Preliminary Hearing.

[A] Absent court order, the initial hearing on a contested motion for relief from the

automatic stay will be a preliminary hearing only, with a subsequent final evidentiary

hearing to be set as necessary.

[B] Parties may present live testimony at a preliminary hearing on a motion for relief

from stay only with the prior written approval of the court.

(i) A motion to present live testimony at a preliminary hearing must:

(I) be filed not less than five (5) days before the hearing, and served on the

parties set forth under AK LBR 4001-1(e)(3);

(II) set forth—

(a) the name and address of the witness[es] to be called;

(b) a concise statement of the testimony to be offered;

(III) be accompanied by a proposed order lodged with the court.

(g) Termination of the Automatic Stay Under 11 U.S.C. § 362(e). Notwithstanding the

automatic operation of the provisions of § 362(e) of the Code, unless otherwise ordered by

the court, any movant who has filed a motion for relief from the automatic stay must submit

to the court a proposed order on the motion, even if that order serves only to memorialize

termination of the stay by operation of § 362(e).

(h) Motions under 11 U.S.C. § 362(c).

(1) A motion to continue the automatic stay under § 362(c)(3) or to impose a stay under §

362(c)(4) of the Code must:

[A] clearly state—

(i) the date, case number, and date of dismissal of all previous bankruptcy filings

within the year prior to the filing of the current proceeding;

(ii) the reasons for dismissal of each previous case(s);

(iii) the date of the filing of the current case;

(iv) a statement as to why the present case is being filed in good faith, including all

facts offered to rebut any presumption that the filing was made in bad faith;

(v) the identity of all creditors to whom the stay is requested to be continued; and

(vi) any other facts or circumstances that should be considered by the court;

[B] on or before the date the motion is filed, be served on

(i) all parties to be affected by the motion;

(ii) the trustee; and

(iii) counsel for the above, if any; and

[C] be transmitted to the United States trustee.

(2) Any objection to the motion must be filed not later than fourteen (14) days after the

motion is served.

[A] On or before the date the objection is filed, the objection must be served on:

(i) the debtor;

(ii) the trustee; and

(iii) counsel for the above, if any.

(3) When an objection to a motion brought under § 362(c) of the Code is timely filed and

served:

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[A] within 24 hours of filing an objection, submit a request for hearing on the motion by

completing and submitting to the court a calendar request form, AK LBR 7, in

accordance with the court’s posted calendar request procedures, available at

www.akb.uscourts.gov;

[B] upon receipt of a properly submitted calendar request, the court will schedule a

preliminary hearing and advise the objecting party of the hearing date;

[C] within 24 hours of the court’s communication regarding the hearing date, the

objecting party must provide notice of the hearing date and time, both telephonically

and in writing, to:

(i) the debtor;

(ii) the trustee; and

(iii) counsel for each, if any; and

[D] appear at the hearing on the matter and be available to be examined, under oath, by

any affected party.

(i) Certificate of Service. All motions and notices to be served under this rule must be

accompanied by a separately-filed certificate of service which substantially conforms to AK

LBF 12 and demonstrates compliance with the service requirements established hereby.

(j) Procedures Under 11 U.S.C. § 362(l).

(1) Unless otherwise ordered by the court, the Clerk of Court will forward to the lessor the

rental deposit made by the debtor as provided in AK LBR 1002-1(d) no later than seven

(7) days after the deposit is received by the Clerk.

(2) If the debtor files the second certificate described in § 362(l)(2) of the Code, the deposit

may be considered as part of any paid post-petition rent (not pre-petition rent), for

purposes of determining whether the monetary default has been cured, or whether the

lease is current.

(k) Contested Matters Under Rule 9014. Any objection to a motion filed under this section

will be considered a contested matter under Rule 9014, Federal Rules of Bankruptcy

Procedure.

(l) Mandatory Discovery Exchange.

(1) Unless the court orders otherwise, not later than seven (7) days after service of any

objection or response to a motion or application brought under §§ 362, 1201, or 1301 of

the Code, which motion is governed by Rule 9014, Federal Rules of Bankruptcy

Procedure, the moving party and each objecting party must, to the extent relevant to the

issues fairly raised by the motion and objection or objections thereto, comply with the

requirements of Rule 26(a)(1) and (2), Federal Rules of Civil Procedure.

(2) The parties may stipulate, in writing, subject to approval by the court, to shorten or

extend the deadlines set forth under Rule 26(a)(1) and (2), Federal Rules of Civil

Procedure.

(3) Any party refusing or failing to comply with this subdivision may be subject to such

sanctions as the court may deem appropriate under the circumstances, including the

assessment of costs and attorney’s fees or the exclusion of the evidentiary materials not

produced.

Rule 4001-2 Use of Cash Collateral and Obtaining Postpetition Credit

(a) Motions to Use Cash Collateral. Motions by the debtor in possession or trustee for

authorization to use cash collateral must, in addition to Rule 4001(b), Federal Rules of

Bankruptcy Procedure, contain:

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(1) the relationship to the debtor, if any, of the creditor whose cash collateral is to be

utilized;

(2) the nature or source of the cash collateral;

(3) the estimated amount of cash collateral to be used;

(4) a 90-day cash flow projection segregating cash receipts from cash collateral from all

other sources of cash receipts;

(5) the balance owed to the creditor, as of the date the petition was filed, including any

accrued, unpaid interest, cost or fees as provided in the agreement;

(6) an estimate of the amounts of any postpetition interest, costs and fees the creditor would

be entitled to recover under § 506(b) of the Code;

(7) if the cash collateral is rent, the amount of the gross and net rent realized each month,

and the fair market value of the property from which the rent emanates;

(8) if the collateral is receivables, an accounts receivable aging statement;

(9) if the collateral is inventory, current book or market value, whichever is lower, of the

inventory;

(10) for any other collateral, the fair market value of the collateral;

(11) the method or means by which the interests of the creditor are to be adequately

protected; and

(12) a statement of whether or not the debtor proposes to grant any provision contained in

subsection (f) and, if so, identify the provision.

(b) Cash Collateral Utilization Agreements. Motions or applications for the approval of an

agreement for use of cash collateral must, in addition to complying with Rule 4001(b),

Federal Rules of Bankruptcy Procedure, set forth in the body of the motion or application the

information required by paragraphs (a)(1) through (a)(10), inclusive, and whether or not the

agreement contains any provision contained in subsection (f) and, if so, identify the

provision.

obtain postpetition credit or for approval of a postpetition financing agreement must contain,

as a minimum:

(1) identity of the lender and relationship, if any, of the lender to the debtor;

(2) the amount of credit to be obtained or, in the case of line of credit financing, the

maximum amount the lender is to advance;

(3) if funding is to be incremental, timing of funding or method by which funding is to be

determined;

(4) a 90-day cash flow projection showing all sources of cash receipts other than the

amounts to be borrowed;

(5) if the lender is a prepetition creditor the following information—

[A] the balance owed to the creditor, as of the date the petition was filed, including any

accrued, unpaid interest, cost or fees as provided in the agreement,

[B] if the lender is secured by receivables, an accounts receivable aging statement,

[C] if the lender is secured by inventory, current book or market value, whichever is

lower, of the inventory,

[D] if the lender is secured by real property, the current fair market value of the property

and, if income producing, the gross and net rents produced by the property, and

[E] if the lender is secured by any other property, the fair market value of the property;

(6) a description of the collateral, if any, to secure the postpetition financing;

(7) the current fair market value of the collateral, if any, to secure the postpetition financing;

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(8) if any other entity has, or claims, a security interest in the collateral to secure the

postpetition financing, set forth—

[A] identity of the entity, including any relationship to the debtor,

[B] the balance owed that entity,

[C] whether the interest of that entity is to be subordinated to the postpetition financing

and if so—

(i) whether the subordinated entity has consented, or

(ii) in the absence of consent, how the interest of that entity is to be adequately

protected; and

(9) whether or not the financing agreement contains any provision contained in subsection

(f) and, if so, identify the provision.

(d) Motions Heard on Shortened Time.

(1) Unless otherwise ordered by the court, emergency motions or applications for interim

relief made under subsections (a), (b), and (c), may be heard upon twenty-four (24)

hours’ notice by telephonic, electronic, or personal delivery to the entities identified in the

applicable provision of Rule 4001, Federal Rules of Bankruptcy Procedure.

(2) All requests for hearings on shortened time, must set forth with specificity:

[A] the immediate and irreparable harm the estate will suffer if relief is not immediately

granted;

[B] the extent of the relief required to prevent such immediate and irreparable harm to

the estate; and

[C] contain as much of the information required by subsection (a), (b), or (c), as

applicable, as may be necessary to establish the necessity to avoid immediate and

irreparable harm to the estate pending a final hearing.

(3) Unless otherwise specifically ordered by the court, any interim order entered under this

subsection will expire not later than twenty-one (21) days after the motion under

subsection (a), (b), or (c) is filed.

(4) [A] The court may, at its discretion, hold emergency hearings telephonically.

[B] The moving party is responsible for providing the court with the telephone numbers

at which interested parties, or their representatives, may be reached.

(e) Provisions Normally Approved. The court will normally approve inclusion of the following

provisions in any order or agreement for the use of cash collateral or any postpetition

financing agreement:

(1) withdrawal of consent to use cash collateral or termination of further financing, upon

occurrence of a default or conversion to chapter 7;

(2) securing any postpetition diminution in the value of the secured party’s collateral with a

lien on postpetition collateral of the same type as the secured party had prepetition, if

such lien is subordinated to the compensation and expense reimbursement allowed to

any trustee thereafter appointed in the case;

(3) securing new advances or value diminution with a lien on other assets of the estate, but

only if the lien is subordinated to all the expenses of administration of a superseding

chapter 7 case;

(4) reservation of rights under § 507(b) of the Code, unless the provision calls for

modification of the Code’s priorities in the event of conversion to chapter 7;

(5) reasonable reporting requirements;

(6) reasonable budgets and use restrictions; and

(7) expiration date for the stipulation.

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(f) Other Provisions. Inclusion of any of the following provisions in any order or agreement for

the use of cash collateral may be scrutinized by the court even in the absence of an

objection by a party in interest:

(1) cross-collateralization clauses that secure prepetition debt by postpetition assets in

which the secured party would not otherwise have a security interest by virtue of its

prepetition security agreement;

(2) provisions or findings of fact that bind the estate or all parties in interest with respect to

the validity, perfection or amount of the secured party’s lien or debt;

(3) provisions or findings of fact that bind the estate or all parties in interest with respect to

the relative priorities of the secured party’s lien and liens held by persons who are not

party to the agreement;

(4) clauses that prime the liens and/or security interests of secured creditors who are not

parties to the agreement, unless consented to by the affected creditor;

(5) waivers of § 506(c) of the Code, except to the extent effective only during the period in

which the debtor in possession or trustee is authorized to use cash collateral or borrow

funds;

(6) provisions that preclude a future trustee with a duty to care for, preserve, and/or liquidate

collateral from recovering the expenses of administration;

(7) provisions that characterize any postpetition payments as payments of interest, fees, or

costs on prepetition obligations;

(8) provisions that operate specifically or as a practical matter to divest the debtor, or any

other party in interest, of any discretion in the formulation of a plan or administration of

the estate, or limit access to the court to seek any relief under applicable provisions of

law;

(9) releases of liability for the creditor’s prepetition torts, breaches of contract, or lender

liability, as well as releases of prepetition or postpetition defenses and/or counterclaims;

(10) waivers of avoidance actions;

(11) provisions that would include the recovery from avoidance actions as adequate

protection or part of the secured creditor’s collateral;

(12) automatic relief from the automatic stay of § 362(a) of the Code upon default,

conversion to chapter 7, or the appointment of a trustee;

(13) adequate protection provisions that create liens on claims for relief arising under the

Bankruptcy Code;

(14) waivers of the right to move for a court order under § 363(c)(2)(B) of the Code

authorizing the use of cash collateral in the absence of the secured party’s consent;

(15) carve outs for administrative expenses that do not treat all professionals equally or on a

pro rata basis;

(16) provisions that shorten the period of limitations any party in interest (including a

successor trustee) for bringing claims or causes of action against the lender or secured

creditor;

(17) a finding without testimony to the effect that in consenting to the use of cash collateral

or postpetition financing, the secured creditor or lender is acting in good faith;

(18) waivers of the procedural requirements for foreclosure or repossession mandated

under applicable nonbankruptcy law;

(19) provisions applicable in the event of a dispute under the agreement that place venue in

a foreign jurisdiction;

(20) provisions applicable in the event of a dispute or default under the agreement wherein

the debtor waives—

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[A] service of process,

[B] the doctrine of forum non conveniens,

[C] notice and hearing, or

[D] the right to a jury trial; and

(21) Findings of fact on matters extraneous to the approval process.

(g) Notice of Final Hearing.

(1) In addition to service of the persons specified in Rule 4001, Federal Rules of Bankruptcy

Procedure, a motion for the use of cash collateral under subsections (a) or (b), or to

obtain credit under subsection (c), must be transmitted to the United States trustee.

(2) In addition to the persons specified in rule 4001, Federal Rules of Bankruptcy

Procedure, notice of the final hearing on a motion for the use of cash collateral under

subsections (a) or (b), or to obtain credit under subsection (c), must be given in form

substantially conforming to AK LBF 35 or AK LBF 36, as applicable, to:

[A] the United States trustee;

[B] any person having filed a request for special notice; and

[C] such other persons as the court may direct.

Rule 4002-1 Debtor – Duties

(a) Property in Need of Attention or Protection.

(1) The debtor must promptly notify the trustee, or the United States trustee if a trustee has

not yet been appointed, and any creditor having a security interest in the property

telephonically and in writing if any property of the bankruptcy estate is:

[A] in an account not authorized by § 345 of the Code or that exceeds the FDIC insured

amount for funds on deposit;

[B] in jeopardy due to perishability, exposure to loss, damage or theft;

[C] is located in a place that requires that the property be moved promptly; or

[D] is otherwise in need of immediate attention.

(2) If the trustee cannot be reached telephonically, the debtor must telephonically advise the

United States Trustee’s Office.

(3) Certification of notice must be filed by the debtor with the court.

(b) Domestic Support Obligations. In all cases in which the debtor is an individual obligated to

make payments on a domestic support obligation, subject to the provisions of AK LBR 20151(b), the debtor must, to the extent applicable:

(1) Within fourteen (14) days of filing the petition in all cases except chapter 11 and within

seven (7) days of the appointment of a trustee in a case under chapter 11, provide the

trustee with—

[A] the name, address, and telephone number of any person holding a domestic support

obligation,

[B] the amount of domestic support payments required to be made and the dates of the

month that any payments come due,

[C] the amount of any domestic support payments that were due and unpaid at the time

the petition was filed,

[D] a copy of the court decree, settlement agreement, or order of a governmental agency

establishing the domestic support obligation,

[E] if the holder of the claim resides outside the State of Alaska, the name, address, and

telephone number of the applicable child support agency in the state in which the

holder of the claim resides, and

[F] the name, address, and telephone number of the debtor’s employer;

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(2) Within seven (7) days of making any domestic support payment first coming due after

the petition is filed, provide the trustee with evidence that the payment has been made;

(3) Within fourteen (14) days of receiving notice of a change of address or telephone

number of a holder of a domestic support obligation, provide the trustee with—

[A] the new address and/or telephone number of the holder of the domestic support

obligation, and

[B] if applicable, the information required by subparagraph (1)[E];

(4) Within fourteen (14) days of the date of any change in employment, provide the trustee

with the name, address, and telephone number of the debtor’s new employer; and

(5) Within seven (7) days of the execution of any reaffirmation agreement, provide the

trustee with a copy of the reaffirmation agreement.

Rule 4003-1 Objections to Claims of Exemption

The court will not determine an objection to a claim of exemption under Rule 4003(b), Federal

Rules of Bankruptcy Procedure, unless a hearing is held. The court will schedule a hearing on

submission of a calendar request. The party requesting the hearing must, within seven (7)

days of receiving the hearing date from the court, give notice of the hearing date conforming to

AK LBF 34 to the trustee and all parties on whom the objection to exemptions must be served in

accordance with Rule 4003, Federal Rules of Bankruptcy Procedure.

Rule 4008-1 Reaffirmation Hearing

(a) General.

(1) Reaffirmation agreements must follow the format of Directors Form B2400A,

“Reaffirmation Agreement,” and all applicable parts of the agreement must be must be

completed in their entirety.

(2) When a debtor is represented by counsel in the negotiation of a reaffirmation agreement,

a hearing on the reaffirmation agreement will not be required in individual Chapter 7

cases unless the presumption of undue hardship arises or the court orders otherwise.

When a debtor is not represented by counsel in the negotiation of a reaffirmation

agreement, a hearing on a reaffirmation agreement is required.

(3) [A] The court will enter a discharge as soon as appropriate without regard to whether

reaffirmation agreements have been entered into in accordance with § 521(a)(2) of

the Code.

[B] It is the duty of counsel for the debtor, the debtor, and the creditor whose obligation

is to be reaffirmed to assure compliance with the requirements of § 524(c) of the

Code.

(b) Delay of Entry of Discharge.

(1) Entry of discharge may be delayed to accommodate entry into a reaffirmation agreement

for a period not to exceed thirty (30) days upon ex parte motion filed by the debtor.

(2) On ex parte motion of the debtor within the 30-day period, the court may defer entry of

discharge to a date certain.

(1) If a reaffirmation agreement is filed conventionally, the party filing the reaffirmation

agreement must serve a conformed copy of the agreement (showing the date filed

stamp) on the other party or party’s counsel.

(2) If a reaffirmation agreement is filed electronically, unless the other party or counsel for

the other party is served electronically, the party filing the reaffirmation agreement must

serve a true and correct copy of the agreement, together with a copy of the Notice of

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Electronic Filing generated by the CM/ECF System for the agreement, on the other party

or party’s counsel.

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Part V: Courts and Clerks

Rule 5001-2 Court and Clerk’s Office Locations and Hours

(a) Clerk’s Office.

(1) Filing Petitions. Petitions and documents filed with the initial petition may be filed in

person at the court’s physical locations listed on the court’s website at akb.uscourts.gov.

(2) Filing by Mail or Special Delivery. Only the court’s Anchorage location will accept

documents filed by delivery utilizing the U.S. Postal Service, Fed-Ex, UPS, DHL, or

similar services.

(3) Business Hours.

[A] Regular business hours are from 9:00 a.m. to 12:00 p.m. and 1:00 p.m. to 4:30 p.m.,

Monday through Friday, except federal holidays, and days designated as holidays by

the Chief Judge of the United States District Court or the Administrative Office of the

United States Courts.

[B] Office locations and business hours may be adjusted or changed, with or without

prior notice, as staffing and budgetary conditions dictate.

(b) Places of Holding Court.

(1) The Bankruptcy Court is located in Anchorage. Hearings and trials are scheduled as

needed in Anchorage, Fairbanks and Juneau.

Rule 5003-2 Court Records

(a) Official Record. The Case Management/Electronic Case Filing (“CM/ECF”) System

constitutes the official record of the court.

(b) Records — Custody of the Clerk of Court.

(1) All records of the court will remain in the custody of the Clerk of Court.

(2) The record for any case in the CM/ECF System is available for inspection by the public

during regular business hours at the court’s Anchorage and Fairbanks locations.

must be in writing and accompanied by the statutory fee.

Rule 5005-2 Copies of Lengthy Pleadings

(a) Any document filed with the court, in hard copy format or electronically, that exceeds twentyfive (25) pages in length, including all attachments and exhibits thereto, must be

accompanied by one (1) paper copy for use by the court.

(b) Copies must be complete, including any attachments or exhibits made a part of the original

document being filed.

document was filed.

(d) For lengthy documents filed electronically, a copy of the NEF electronic filing confirmation

for the document filed must be submitted together with the paper copy.

Rule 5005-4 Electronic Case Filing

(a) Procedures.

(1) The filing of documents in electronic format will be in accordance with this rule and the

electronic filing procedures promulgated by the Clerk of Court.

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(2) Participants in the CM/ECF System are responsible for ensuring that current filing

procedures are followed.

(b) Registration.

(1) [A] All attorneys admitted to practice in this court who wish to file papers must obtain

access to the court via the attorney’s individual PACER account to permit the

attorney to participate in electronic filing.

[B] Requests for exceptions to the requirements of subparagraph (1)[A] must be

submitted via ex parte motion setting forth the reasons requiring an exception,

supported by an affidavit.

(2) Every trustee appointed in cases before this court must obtain access to the court via

the trustee’s individual PACER account to permit the trustee to participate in electronic

filing.

(3) Limited Filing Privileges. Any duly authorized individual officer or agent of a nonindividual creditor or interested party may be granted access to the court via the

individual’s PACER account to permit the individual to file certain designated documents

on behalf of the creditor or interested party.

(4) Other Designated Professionals. Certain professionals whose employment has been

approved by the court may obtain access to the court via the professional’s PACER

account to permit the professional to file electronically.

(5) Consent to Electronic Notice and Service. Participation in the CM/ECF System by

attorneys, trustees and other designated professionals described above constitutes:

[A] a request for service of notice electronically under Rule 9036, Federal Rules of

Bankruptcy Procedure; and

[B] consent to receive notice and service by electronic means in each case in which an

appearance as a party or attorney for a party has been made in accordance with AK

LBR 9010-1(a)(1).

(6) Failure to Maintain Valid Email Address with PACER. An electronic filer’s failure to

maintain a valid email address with the filer’s PACER account will result in termination of

the filer’s electronic filing permissions.

(1) No registered participant may knowingly permit or cause to permit the participant’s

password to be utilized by anyone other than an authorized employee of the participant

or the participant’s law firm.

(2) No person may knowingly utilize or cause another person to utilize the password of a

registered participant unless the person is an authorized employee of the participant or

the participant’s law firm.

(d) Signatures. See AK LBR 9011-1.

(e) Mandatory Electronic Filing.

(1) Except as otherwise provided in this Rule or in exceptional circumstances that prevent a

participant from filing electronically (i.e., technological failure, natural disaster, etc.)

registered participants must electronically file documents with the court.

(2) Parties and attorneys who are not participants in the CM/ECF System may

conventionally file documents in hard copy format, bearing original (holographic)

signatures.

(f) Service.

(1) The filing party must serve the pleading or other paper being electronically filed upon all

persons entitled to notice or service in accordance with otherwise applicable rules.

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(2) Except as otherwise provided by these Rules, if a person entitled to notice or service is a

registered participant in the CM/ECF System in the case in which the pleading or other

paper is being filed, service by electronic means of the Notice of Electronic Filing is

deemed the equivalent of service of the pleading or other paper by first class mail,

postage prepaid.

(3) Notwithstanding the foregoing, service of a summons and complaint in an adversary

proceeding or an involuntary bankruptcy proceeding and a motion under Rule 9014,

Federal Rules of Bankruptcy Procedure must continue to be made under Rule 7004,

Federal Rules of Bankruptcy Procedure.

(g) Special Electronic Filing Requirements.

(1) Documents to be Filed under Seal.

[A] A request to file documents under seal must be made via motion. A motion to file

document(s) under seal must be filed electronically, and a proposed order

authorizing filing under seal must be lodged with the court via email at

ecf_orders@akb.uscourts.gov.

[B] After the entry of an order authorizing documents to be filed under seal, the

documents to be filed under seal must also be filed electronically. Instructions for

filing documents under seal electronically may be found on the court’s website,

akb.uscourts.gov.

(2) Exhibits to Pleadings.

[A] Documents filed as exhibits should be electronically imaged (i.e., “scanned”) and

filed as an attachment to the related document using Portable Document Format

(.pdf).

[B] Exhibits that are not available in Portable Document Format (.pdf) form are to be filed

conventionally, attached to a copy of the Notice of Electronic Filing for the

electronically filed document to which the exhibit(s) relate.

(3) Summons to be Issued by the Clerk of Court. Summonses to be issued by the Clerk of

Court must be submitted electronically, in the same manner as for proposed orders,

findings and judgments.

(4) Trial and Hearing Exhibits.

[A] Exhibit lists, when required, must be filed electronically.

[B] The exhibits may be submitted conventionally when required by otherwise applicable

Rules.

(5) Statement of Social Security Number. The Statement of Social Security Number

submitted in accordance with Rule 1007(f), Federal Rules of Bankruptcy Procedure,

must be emailed immediately after the electronic filing of a petition, in the same manner

for proposed orders. As provided in AK LBR 1007-1(i), the Statement of Social Security

Number is not to be filed on the case docket.

(h) Fees.

(1) Fees for documents filed electronically are due at the time of filing.

(2) Any required fee for a document filed electronically not paid as provided in paragraph

(g)(1) must be received by the Clerk of Court within three (3) business days from the

date the document was filed.

(i) Technical Failures. If a registered CM/ECF participant is unable to transmit a time-critical

document for electronic filing, due to technical failure or unanticipated event (i.e., medical

emergency, natural disaster, etc.), the participant must promptly contact the Clerk of Court

and make arrangements for filing the document.

(j) Consequences for Noncompliance.

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(1) Effect of Failure to Timely Execute or File Declaration Re: Electronic Filing. In the event

that a registered participant fails to obtain the signature on or timely file the Declaration

Re: Electronic Filing, AK LBF 37A or AK LBF 37B, as applicable, the court may after a

hearing on shortened time:

[A] dismiss the petition; and/or

[B] impose on the registered participant such other sanctions as may be appropriate.

(2) Other Consequences. In addition to the foregoing, any misuse of the CM/ECF System,

or intentional noncompliance with its requirements, may result in revocation of the

participant’s electronic filing privileges and/or imposition of other sanctions as may be

appropriate.

(k) Instructions. Instructions detailing how to file documents electronically and related

inquiries can be found on the court’s website, akb.uscourts.gov, under “FAQ.”

Rule 5011-1 Withdrawal of Reference

(a) Filing. A motion to withdraw the reference to the Bankruptcy Court must be filed with the

Clerk of Court.

(b) Service and Notice.

(1) A party filing a motion to withdraw the reference of the case in its entirety must:

[A] transmit the motion to the United States trustee;

[B] serve it on—

(i) the trustee;

(ii) debtor;

(iii) any committee appointed under the Code; and

(iv) any party having filed a request for special notice; and

[C] file and serve notice of the motion on all parties in interest.

(2) A party filing a motion to withdraw the reference as to a proceeding, but not the entire

case, must:

[A] transmit the motion to the United States trustee; and

[B] serve it on—

(i) the trustee;

(ii) debtor; and

(iii) any other party to the proceeding.

(1) Any objection to withdrawal of the reference must be in writing and filed not later than

twenty-one (21) days after the date the motion is served or notice is mailed, whichever is

later.

(2) The objecting party must:

[A] transmit the objection to the United States trustee; and

[B] serve it on the moving party and those entities upon whom the motion was served.

Rule 5074-1 Facsimile and Email Filing

(a) Acceptance of Facsimile or Email Documents. A time-critical document may be accepted

as timely filed by transmission to the court’s facsimile machine or official email account if:

(1) prior authorization for filing by facsimile or email is received from one of the following

court personnel: law clerk, Clerk of Court, or chief deputy; and

(2) within seven (7) days of facsimile or email authorization:

[A] the original signed document is filed with the court; and

[B] any required fees are received by the Clerk of Court.

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Rule 5075-1 Delegation of Ministerial Orders and Notices

The Clerk of Court and those deputies as the Clerk may designate are authorized to sign and

enter without further direction such ministerial orders and notices as the Chief Judge may direct.

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Part VI: Collection and Liquidation of the Estate

Rule 6004-1 Sale of Estate Property

(a) Notice of Sale.

(1) Other than a sale free and clear of interests, a sale under § 363(b) of the Code is

initiated by notice under Rules 2002(a)(2) and 6004, Federal Rules of Bankruptcy

Procedure.

(2) The notice must include:

[A] the terms of the sale;

[B] name of the purchaser;

[C] relationship, if any, of the purchaser to the debtor or trustee;

[D] the fair market value of the property;

[E] the anticipated professional fees and expenses related to the sale;

[F] indicate whether the sale includes personally identifying data; and

[G] in a chapter 11 case, whether or not the assets proposed to be sold comprise a

major part of debtor’s estate or if their sale will affect debtor’s ability to continue

operating as a going concern.

(b) Sale Free and Clear of Interests.

(1) A motion for authority to sell property free and clear of liens or other interests is

governed by Rule 9014, Federal Rules of Bankruptcy Procedure and must be served on

the parties who have liens or other interests in the property to be sold.

(2) Unless waived by the court, a hearing must be held before a sale free and clear of liens

or encumbrances is granted, even if no objections are filed in response to the notice.

(3) In addition to the information required under subdivision (a), the notice must include:

[A] the date of the hearing on the motion;

[B] the time within which objections may be filed;

[C] notice that the property is to be sold free and clear of liens or encumbrances;

[D] the amount of each lien or encumbrance claimed against the property;

[E] the sub-paragraph of § 363(f) of the Code under which the sale is authorized; and

[F] if the proceeds of the sale appear to be insufficient to pay all the liens and

encumbrances claimed against the property, then the notice must further state—

(i) the liens and encumbrances that may not be paid from the sale proceeds, and

(ii) the necessity for the sale.

(4) Unless otherwise provided in the notice, all interests in property sold free and clear of

liens and encumbrances attach to the proceeds of sale.

objection to the sale of property, the parties must comply with the requirements of Rule

26(a), Federal Rules of Civil Procedure.

(d) Handling Proceeds.

(1) Unless the liquidation proceeds are remitted to the case trustee, if one is appointed, at

the time of the sale, the auctioneer must deposit all liquidation proceeds in a trust

account at a depository approved by the United States trustee.

(2) All liquidation proceeds must be remitted to the case trustee within fourteen (14) days

after the sale.

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(e) Report of Sale. Within thirty (30) days after a sale, auctioneers must submit a report of sale

required by Rule 6004, Federal Rules of Bankruptcy Procedure to the trustee. The report of

sale must include:

(1) the date of the sale;

(2) the price obtained for each item sold together with:

[A] the name and address of each purchaser in the case of an auction; or

[B] cash register tapes or appropriate documentation in the case of other types of sales;

(3) the total amount of funds received and the amount transferred to the trustee;

(4) the compensation and expenses sought by the auctioneer [expense requests must be

documented by appropriate receipts or explanation];

(5) a statement that the auctioneer or insider did not directly or indirectly acquire an interest

in any of the estate property sold; and

(6) an explanation and sample of advertising efforts.

(f) Bond. An auctioneer must file a bond with the United States trustee that meets the

requirements of the United States trustee.

(g) 11 U.S.C. § 506(b) Claims.

(1) Unless the claim was previously noticed to the parties in interest in connection with the

notice of the proposed sale of the property, a creditor having or claiming to have an

interest in the property to be sold who claims post-petition fees, costs or charges under

§506(b) of the Code, must, not later than thirty (30) days after the order approving the

sale is entered:

[A] file with the court an application for allowance of the claim, setting forth the amount

of post-petition fees, costs, and charges claimed to be due;

[B] transmit the application to the United States trustee, and

[C] serve it on—

(i) the debtor or trustee, if one has been appointed,

(ii) any committee appointed in the case or, if no committee has been appointed, the

five (5) largest unsecured creditors, and

(iii) any party having or claiming to have an interest in the property being sold.

(2) A party objecting to the application for allowance of post-petition fees, costs and charges

may serve and file an objection, in writing, not later than fourteen (14) days after service

of the application.

(3) If no objection is filed as specified in paragraph (g) (2), the application for allowance will

be deemed allowed or approved without further order of the court.

Rule 6006-1 Notice of Motion to Assume, Reject or Assign Executory Contracts or

Unexpired Leases

(a) Service of Notice.

(1) Twenty-one (21) days’ notice of a motion by a party in interest requesting that the court

direct the trustee or debtor in possession to assume or reject an executory contract or

unexpired lease, or a notice of a motion by the trustee or debtor-in-possession to

assume, reject or assign an executory contract or unexpired lease, must be served on:

[A] all parties to the lease or contract;

[B] all parties who hold or claim any interest in the lease or contract;

[C] the debtor;

[D] the trustee;

[E] any committee appointed under the Code;

[F] any attorney or creditor who has filed an appearance or demand for notice; and

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[G] transmitted to the United States trustee in chapter 11 cases.

(2) If an insider has interests or obligations described in paragraph (b)(2), notice must be

given to all parties on the Master Mailing List.

(b) Contents of Notice.

(1) Notice of the motion must include a brief summary of the significant terms of the contract

or lease, and assignment, if any.

(2) Notice of the motion must disclose whether any insider—

[A] is a party to the lease or contract or has any other interest in the lease or contract;

[B] has any obligations arising under the lease or contract, whether contingent,

liquidated or unliquidated, fixed, or otherwise; and

[C] the nature of the insider’s interests and obligations.

(3) If assumption is desired and the contract or lease is in default, the notice must specify:

[A] the manner in which the default will be cured;

[B] compensation for damages provided; and

[C] adequate assurance of future performance provided.

the motion to assume, reject or assign an executory contract or unexpired lease is filed, the

parties will comply with the requirements of Rule 26(a), Federal Rules of Civil Procedure.

Rule 6007-1 Abandonment of Property of the Estate

(a) Notice Period. A motion to abandon specific property brought by a party in interest, or a

notice of proposed abandonment brought by a trustee or debtor in possession, must provide

a fourteen- (14-) day notice period and be served on all parties on the Master Mailing List,

unless the court orders otherwise.

(b) Content of Notice. The notice must include:

(1) A description of the property or interest involved;

(2) The fair market value of the property or interest; and

(3) A description of any encumbrances against the property or interest.

otherwise administered at the time of the closing of a case is not abandoned to the debtor or

administered for purposes of § 350 of the Code.

Rule 6008-1 Redemption of Property in Chapter 7 Cases

(a) General. Approval of redemption agreements under § 722 of the Code is by motion filed by

the debtor and governed by Rule 9013, Federal Rules of Bankruptcy Procedure.

(b) Motion. A motion for approval of a redemption agreement must contain the following:

(1) a complete description of the article to be redeemed;

(2) have attached—

[A] a copy of the security agreement, and

[B] evidence of perfection of the security interest, if perfection is required under

otherwise applicable law

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