# UNITED STATES BANKRUPTCY COURT

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/federal_court_rules%3Aakd%3Aae556120d2c2043e

## Record

- **Collection:** Court rules
- **Document type:** Court rule

## Text

UNITED STATES BANKRUPTCY COURT
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.

i
LOCAL BANKRUPTCY RULES
DISTRICT OF ALASKA (2/2020)

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
ii
LOCAL BANKRUPTCY RULES
DISTRICT OF ALASKA (2/2020)

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
LOCAL BANKRUPTCY RULES
DISTRICT OF ALASKA (2/2020)

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

iv
LOCAL BANKRUPTCY RULES
DISTRICT OF ALASKA (2/2020)

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”).
(c) Conflicts. In the event of a conflict between these Rules and the Federal Rules of
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)

1
LOCAL BANKRUPTCY RULES
DISTRICT OF ALASKA (2/2020)

(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.
(c) If the petition and Initial Statement About an Eviction Judgment Against You (Official Form
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.”
(c) Individual with Business Entity. An individual having an ownership interest in a
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.
2
LOCAL BANKRUPTCY RULES
DISTRICT OF ALASKA (2/2020)

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.
(c) No Blank Items. The word “none” or the words “not applicable,” as appropriate, must be
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).
(c) Accuracy of Matrix. The debtor is responsible for ensuring that the Matrix accurately
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:
3
LOCAL BANKRUPTCY RULES
DISTRICT OF ALASKA (2/2020)

[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.
(c) Amendments to the Matrix.
(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.
(c) Substantive Consolidation of Joint Cases Commenced Under 11 U.S.C. § 302.
4
LOCAL BANKRUPTCY RULES
DISTRICT OF ALASKA (2/2020)

(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.
(c) Conversion in Response to 11 U.S.C. § 707(b) Motion. No separate or additional notice
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
5
LOCAL BANKRUPTCY RULES
DISTRICT OF ALASKA (2/2020)

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.
(c) Request to be Added to Committee.
(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.

6
LOCAL BANKRUPTCY RULES
DISTRICT OF ALASKA (2/2020)

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
7
LOCAL BANKRUPTCY RULES
DISTRICT OF ALASKA (2/2020)

[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.
(c) To Whom Given.
(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
8
LOCAL BANKRUPTCY RULES
DISTRICT OF ALASKA (2/2020)

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.
(c) Waiver of Personal Appearance.
(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.
(c) Production of Documents Must be Obtained by Subpoena. Production of documents
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
9
LOCAL BANKRUPTCY RULES
DISTRICT OF ALASKA (2/2020)

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.
10
LOCAL BANKRUPTCY RULES
DISTRICT OF ALASKA (2/2020)

(c) Attorney or Accountant for Trustee, Debtor in Possession, Debtor, Creditors’
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
11
LOCAL BANKRUPTCY RULES
DISTRICT OF ALASKA (2/2020)

[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.
12
LOCAL BANKRUPTCY RULES
DISTRICT OF ALASKA (2/2020)

(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
13
LOCAL BANKRUPTCY RULES
DISTRICT OF ALASKA (2/2020)

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.
(c) Commencement of Compensation.
(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.

14
LOCAL BANKRUPTCY RULES
DISTRICT OF ALASKA (2/2020)

(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
(c) Chapter 9 and 11 Cases. Unless otherwise provided in the Plan of Reorganization
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.

15
LOCAL BANKRUPTCY RULES
DISTRICT OF ALASKA (2/2020)

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.
(c) Service of Proofs of Claim on Debtors. In all cases in which the debtor is appearing
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.
16
LOCAL BANKRUPTCY RULES
DISTRICT OF ALASKA (2/2020)

(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.
(c) Claims in Chapter 9 and Chapter 11 Cases after Schedules Have Been Amended.
(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.
17
LOCAL BANKRUPTCY RULES
DISTRICT OF ALASKA (2/2020)

(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.
(c) Opposition to Motion or Objection to Proof of Claim.
(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—
18
LOCAL BANKRUPTCY RULES
DISTRICT OF ALASKA (2/2020)

(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.
(c) Payroll Deduction. Following a default of two (2) monthly payments, all future wage earner
debtor chapter 13 plan payments will be by payroll deduction.
19
LOCAL BANKRUPTCY RULES
DISTRICT OF ALASKA (2/2020)

(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.
(c) Objections to Confirmation.
(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,
20
LOCAL BANKRUPTCY RULES
DISTRICT OF ALASKA (2/2020)

(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
21
LOCAL BANKRUPTCY RULES
DISTRICT OF ALASKA (2/2020)

(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.
22
LOCAL BANKRUPTCY RULES
DISTRICT OF ALASKA (2/2020)

(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.
(c) Motions to Value Collateral. Motions to value collateral under Rule 3012, Federal Rules of
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
23
LOCAL BANKRUPTCY RULES
DISTRICT OF ALASKA (2/2020)

(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).
(c) Conference Statement.
(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
24
LOCAL BANKRUPTCY RULES
DISTRICT OF ALASKA (2/2020)

[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.
25
LOCAL BANKRUPTCY RULES
DISTRICT OF ALASKA (2/2020)

(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
26
LOCAL BANKRUPTCY RULES
DISTRICT OF ALASKA (2/2020)

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
27
LOCAL BANKRUPTCY RULES
DISTRICT OF ALASKA (2/2020)

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.
(c) Individual Debtor. In a case in which the debtor is an individual, in addition to
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
28
LOCAL BANKRUPTCY RULES
DISTRICT OF ALASKA (2/2020)

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.
(c) Liquidating Plans. If the plan provides for liquidation of property of the estate, it must:
(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.
(c) Objections to 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).
29
LOCAL BANKRUPTCY RULES
DISTRICT OF ALASKA (2/2020)

(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.
(c) Conditional Approval by the Court.
(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.
30
LOCAL BANKRUPTCY RULES
DISTRICT OF ALASKA (2/2020)

(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.
(c) The original ballots must be filed with the certification.
(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),
31
LOCAL BANKRUPTCY RULES
DISTRICT OF ALASKA (2/2020)

(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.
32
LOCAL BANKRUPTCY RULES
DISTRICT OF ALASKA (2/2020)

(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.
(c) Notice. The moving party must give twenty-one (21) days’ notice of the motion for entry of
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.

33
LOCAL BANKRUPTCY RULES
DISTRICT OF ALASKA (2/2020)

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.
(c) Notice.
(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.
34
LOCAL BANKRUPTCY RULES
DISTRICT OF ALASKA (2/2020)

[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:
35
LOCAL BANKRUPTCY RULES
DISTRICT OF ALASKA (2/2020)

(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;
(c) a concise statement of the necessity for the testimony; and
(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

[Text truncated at 120,000 characters. The full text is on the page linked above.]

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/federal_court_rules%3Aakd%3Aae556120d2c2043e. Public record. Not legal advice.