The order below is hereby signed. (2025)
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The order below is hereby signed.
Signed: March 3 2025
UNITED STATES BANKRUPTCY COURT
DISTRICT OF COLUMBIA
In re
ORDER ADOPTING REVISION TO
THE LOCAL BANKRUPTCY RULES
General Order No. 2025–01
ORDER ADOPTING REVISION TO THE LOCAL BANKRUPTCY RULES
Pursuant to the entry of this General Order, the Court adopts the following revisions to
Local Bankruptcy Rules 1002–1, 1009–1, 2016–2, 3011–1, 3015–2, 3015–3, 4001–7, 7012–1,
9011–1, 9013–1, 9016–1, and 9070–1 of the United States Bankruptcy Court for the District of
Columbia following the requisite comment period. 1 Except for the revision to Local Bankruptcy
Rule 2016–2, the revisions to the Local Bankruptcy Rules shall take effect on April 1, 2025 and
shall govern procedures in all cases pending on that date or filed thereafter. Revised Local
Bankruptcy Rule 2016–2 shall govern all cases filed on or after April 1, 2025.
[Signed and dated above.]
1
A version of the applicable Local Bankruptcy Rule with the changes indicated is attached hereto as Exhibit A.
Page 1 of 1
Exhibit A
LOCAL RULES
OF THE
UNITED STATES BANKRUPTCY COURT
FOR THE
DISTRICT OF COLUMBIA
IN EFFECT AS OF April 1, 2025
These Rules are in effect as of the above date, but are subject to change; amendments will appear
on the Court’s website (www.dcb.uscourts.gov).
Table of Contents
RULE 1001–1
Scope; Title; Citations; References to a Specific Form................................... 1
RULE 1002–1
Commencing a Bankruptcy Case .................................................................... 1
RULE 1006–1
Filing Fee ......................................................................................................... 2
RULE 1007–1
Lists, Schedules, Statements, and Other Documents; Time to File ................ 2
RULE 1007–2
Petition—Non-Individual Debtor .................................................................... 4
RULE 1007–3
Power of Attorney and Declaration Required ................................................. 4
RULE 1009–1
Amending a Voluntary Petition, List, Schedule, or Statement........................ 4
RULE 1015–1
Consolidating or Jointly Administering Cases Pending in the Same District . 6
RULE 1019–1
Converting or Reconverting a Chapter 11, 12, or 13 Case to Chapter 7 ......... 6
RULE 1075–1
Procedures for Complex Chapter 11 Cases ..................................................... 6
RULE 2002–1
Notices ............................................................................................................. 6
RULE 2003–1
Meeting of Creditors or Equity Security Holders............................................ 7
RULE 2004–1
Examinations ................................................................................................... 7
RULE 2014–1
Employing Professionals ................................................................................. 8
RULE 2016–1
Compensation for Services Rendered; Reimbursing Expenses....................... 8
RULE 2016–2
Compensation for Debtor’s Attorney in Chapter 13 Cases ............................. 9
RULE 2072–1
Access to Information in Chapter 11 Cases .................................................. 13
RULE 2090–1
Attorneys – Admission to Practice ................................................................ 13
RULE 2090–2
Attorneys – Discipline & Disbarment ........................................................... 14
RULE 2090–3
The Honorable S. Martin Teel, Jr. Bankruptcy Pro Bono Program .............. 15
RULE 2091–1
Attorneys – Withdrawals ............................................................................... 15
RULE 3003–1
Chapter 9 or 11—Filing a Proof of Claim or Equity Interest ........................ 16
RULE 3004–1
Proof of Claim Filed by the Debtor or Trustee for a Creditor ....................... 16
RULE 3007–1
Objecting to a Claim...................................................................................... 17
RULE 3011–1
Chapter 7, Subchapter V of Chapter 11, Chapter 12, and Chapter 13—Listing
Unclaimed Funds ........................................................................................... 17
RULE 3014–1
Chapter 9 Or 11—Secured Creditors’ Election to Apply § 1111(b) ............. 17
RULE 3015–1
Chapter 12 or 13—Time to File a Plan; Nonstandard Provisions; Objection to
Confirmation; Effect of Confirmation; Modifying a Plan............................. 17
RULE 3015–2
Chapter 13—Amendments to Plans .............................................................. 19
RULE 3015–3
Chapter 13—Confirmation ............................................................................ 19
Page i
RULE 3018–1
Chapter 9 or 11—Accepting or Rejecting a Plan .......................................... 21
RULE 3022–1
Chapter 11—Final Decree ............................................................................. 21
RULE 3070–1
Chapter 13—Payments .................................................................................. 21
RULE 4001–1
Relief from The Automatic Stay; Prohibiting or Conditioning the Use, Sale,
or Lease of Property; Using Cash Collateral; Obtaining Credit; Various
Agreements .................................................................................................... 22
RULE 4001–2
Cash Collateral .............................................................................................. 24
RULE 4001–3
Obtaining Credit ............................................................................................ 26
RULE 4001–4
Post-Petition Payment Notices, Account Access, & Electronic Payments ... 28
RULE 4001–7
Postpetition Applications to Modify Loan .................................................... 28
RULE 4002–1
Debtor’s Duties.............................................................................................. 28
RULE 4003–2
Lien Avoidance ............................................................................................. 28
RULE 4004–1
Granting or Denying a Discharge .................................................................. 29
RULE 5001–2
Clerk—Office Location/Hours ...................................................................... 29
RULE 5001–3
Emergency Conditions—Court Operations & Hearings ............................... 29
RULE 5003–1
Records to Be Kept by the Clerk ................................................................... 29
RULE 5005–1
Filing Papers and Sending Copies to the United States Trustee ................... 30
RULE 5005–4
Electronic Filing ............................................................................................ 32
RULE 5011–1
Motion to Withdraw a Case or Proceeding or to Abstain from Hearing a
Proceeding; Staying a Proceeding ................................................................. 32
RULE 5070–1
Calendars & Scheduling ................................................................................ 32
RULE 5071–1
Continuances ................................................................................................. 33
RULE 5073–1
Photography, Devices, & Broadcasting......................................................... 33
RULE 5077–1
Transcripts ..................................................................................................... 33
RULE 6004–1
Use, Sale, or Lease of Property ..................................................................... 34
RULE 6004–2
Sale of Estate Property by Chapter 13 Debtor After Confirmation............... 35
RULE 6004–3
Mortgage Loan Modification by Chapter 13 Debtor..................................... 35
RULE 6006–1
Assuming, Rejecting, or Assigning an Executory Contract or Unexpired
Lease .............................................................................................................. 37
RULE 6007–1
Abandoning or Disposing of Property........................................................... 37
RULE 7003–1
Commencing an Adversary Proceeding ........................................................ 37
RULE 7004–2
Summons ....................................................................................................... 38
Page ii
RULE 7007–1
Motions to Expedite Turnover of Motor Vehicles ........................................ 38
RULE 7007.1–1
Corporate Ownership Statement.................................................................... 38
RULE 7012–1
Final Orders and Judgments .......................................................................... 38
RULE 7012–2
Extension of Time to Plead or File Motion ................................................... 38
RULE 7015–1
Amended and Supplemental Pleadings ......................................................... 39
RULE 7016–1
Pretrial Procedures......................................................................................... 39
RULE 7026–1
Duty to Disclose; General Provisions Governing Discovery ........................ 39
RULE 7030–1
Depositions by Oral Examination ................................................................. 41
RULE 7041–1
Dismissing Adversary Proceedings ............................................................... 41
RULE 7054–1
Judgments; Costs ........................................................................................... 41
RULE 7054–2
Attorney’s Fees and Nontaxable Expenses ................................................... 41
RULE 7055–1
Default; Default Judgment ............................................................................ 41
RULE 7056–1
Summary Judgment ....................................................................................... 42
RULE 7062–1
Stay of Proceedings to Enforce a Judgment .................................................. 42
RULE 7067–1
Deposit into Court ......................................................................................... 43
RULE 8001–1
Scope; Definition of “BAP”; Sending Documents Electronically ................ 43
RULE 8007–1
Stay Pending Appeal; Bond; Suspending Proceedings ................................. 43
RULE 8009–1
Record on Appeal; Sealed Documents .......................................................... 43
RULE 9001–1
Definitions ..................................................................................................... 43
RULE 9006–1
Computing and Extending Time; Motions .................................................... 44
RULE 9006–2
Bridge Order Not Required in Certain Circumstances .................................. 44
RULE 9009–1
Using Official Forms; Director’s Forms ....................................................... 44
RULE 9010–1
Authority to Act Personally or by an Attorney; Power of Attorney.............. 44
RULE 9011–1
Signing Documents; Representations to the Court; Sanctions; Verifying and
Providing Copies ........................................................................................... 45
RULE 9011–2
Pro Se Parties ................................................................................................ 46
RULE 9013–1
Motions; Form and Service ........................................................................... 46
RULE 9013–2
Motion to Shorten Time and/or for Expedited Hearing ................................ 48
RULE 9014–1
Contested Matters .......................................................................................... 49
RULE 9015–1
Jury Trial ....................................................................................................... 49
RULE 9016–1
Subpoena ....................................................................................................... 49
RULE 9019–1
Compromise or Settlement; Arbitration ........................................................ 49
Page iii
RULE 9019–2
Alternative Dispute Resolution (ADR) ......................................................... 49
RULE 9027–1
Removing a Claim or Cause of Action from Another Court ........................ 51
RULE 9029–1
Adopting Local Rules; Limit on Enforcing a Local Rule; Absence of
Controlling Law ............................................................................................ 51
RULE 9029–3
District Court Local Civil Rules .................................................................... 51
RULE 9036–1
Electronic Notice and Service ....................................................................... 51
RULE 9037–1
Protecting Privacy for Filings........................................................................ 51
RULE 9070–1
Exhibits and Witnesses .................................................................................. 52
RULE 9072–1
Orders—Proposed ......................................................................................... 55
RULE 9073–1
Hearings......................................................................................................... 56
Appendix A: District Court Local Bankruptcy Rules
............................................................. 57
Appendix B: Procedures for Complex Chapter 11 Cases in the District of Columbia ................. 66
Appendix C: Rules Governing Procedures for the Honorable S. Martin Teel, Jr. Pro Bono
Program ......................................................................................................... 80
Appendix D: Administrative Procedures for Filing, Signing, and Verifying Documents by
Electronic Means ........................................................................................... 87
Appendix E: Mortgage Modification Program Procedures .......................................................... 95
Appendix F: Local Official Forms.............................................................................................. 111
Page iv
RULE 1001–1
Scope; Title; Citations; References to a Specific Form
(a)
Scope of Rules and Title. Federal Rule of Bankruptcy Procedure 9029 provides that courts
may adopt local rules that are not inconsistent with the Federal Rules of Bankruptcy
Procedure (the “Bankruptcy Rules” and each individually a “Bankruptcy Rule”). These
rules shall be known as the “Local Bankruptcy Rules” of the United States Bankruptcy
Court for the District of Columbia (the “Court”) and are hereby prescribed and promulgated
as Local Bankruptcy Rules governing practice and procedure before the Court. They are to
be cited as the “Local Bankruptcy Rules” except that individual rules may be cited as
“Local Bankruptcy Rule ____” or “LBR ____.” The Local Bankruptcy Rules apply to all
cases pending in the Court except (a) as otherwise provided in these Local Bankruptcy
Rules and (b) the rules governing bankruptcy proceedings in the United States District
Court for the District of Columbia (the “District Court”) are set forth in the D.Ct.LBRs
found in Appendix A.
(b)
Any amendment to these Local Bankruptcy Rules shall be published in The Daily
Washington Law Reporter before its adoption. The notice shall state that the proposed
amendment will be adopted unless modified or withdrawn after receiving comments from
organized bar associations, members of the bar, and the public. Such comments shall be
submitted in writing within 45 days of publication. If the Court determines there is an
immediate need for a particular local rule or amendment to an existing local rule, it may
proceed without public notice and opportunity for comment, but the Court shall promptly
thereafter afford such notice and opportunity for comment.
RULE 1002–1
Commencing a Bankruptcy Case
(a)
Generally. Except as set forth in subsection (b) below, the Clerk must accept for filing any
petition. If a petition is not signed by either the petitioner or an attorney, a signed document
must be filed within three (3) days or the petition may be dismissed. The three (3) day
period commences for mailed notices three (3) days after the notice is mailed and for
electronic notices when the electronic notice is served. The Clerk shall notify the party of
the deficiency.
(b)
In-Person Filing. If an unsigned petition is filed in-person with the Clerk’s office and the
filer does not immediately cure the deficiency, then the Clerk may reject the unsigned
petition.
(c)
Dismissal. The Court may dismiss a petition without a hearing, issue a show cause order
for why the case should not be dismissed, or take other action if a petition is submitted by
a debtor who is not an individual and is not represented by an attorney (1) who is admitted
or authorized to practice before this Court under Local Bankruptcy Rule 2090–1; or (2)
who has filed a motion for pro hac vice admission under Local Bankruptcy Rule 2090–1(b)
contemporaneously with the petition.
Page 1
RULE 1006–1
Filing Fee
(a)
Payment of Filing Fee. Any document filed on paper must be accompanied by the
appropriate fee in the form of cash, cashier’s check, certified check, or money order. The
Clerk may not accept personal, non-certified checks or credit cards from pro se parties.
(b)
Attorney Required to Pay Filing Fee Triggered by Filing of a Paper. Unless the attorney’s
client obtains a waiver or deferral of the fee or authorization to pay the fee in installments,
an attorney (subject to any right of reimbursement from the client or the estate) is
responsible for payment of any fee triggered by the filing of a paper.
(c)
Nonpayment.
(1)
If a complaint or other document is not accompanied by the proper filing fee or, if
applicable, an application to waive the filing fee or pay the same in installments,
the Clerk shall give notice to cure the filing fee deficiency by the close of business
on the next day after the notice to cure is given. The payment cure period
commences for mailed notices three (3) days after the notice is mailed and for
electronic notices when the electronic notice is served. The Clerk shall notify the
party of the deficiency.
(2)
If a petition is filed without a filing fee, a request to pay in installments, or a waiver
per Bankruptcy Rule 1006, the Clerk may reject the petition.
(3)
If a debtor’s case is dismissed prior to the payment in full of a filing fee, the debtor
shall remain liable for the unpaid balance of the filing fee. If the debtor remains
liable for an unpaid fee in a dismissed case at the time of filing a new case, a request
to pay in installments or an application for a waiver of a filing fee will not be
granted without a hearing and showing of exceptional circumstances.
RULE 1007–1
Lists, Schedules, Statements, and Other Documents; Time to File
(a)
List of Creditors – Voluntary Case. The debtor shall file with a voluntary petition a list of
creditors containing the name and address of the debtor and all creditors (the “List of
Creditors”). If not filed via the Electronic Case Filing System, the List of Creditors shall
be submitted in the format specified by the Clerk. The mailing matrix shall suffice for the
list of creditors referred to in Bankruptcy Rule 1007(a). The List of Creditors shall serve
as the list required by Bankruptcy Rule 1007(a)(1) and the mailing matrix.
(b)
List of Creditors – Involuntary Case. The debtor shall file within seven (7) days after entry
of the order for relief a list of creditors containing the name and address of the debtor and
all creditors (the “List of Creditors”). If not filed via the Electronic Case Filing System, the
List of Creditors shall be submitted in the format specified by the Clerk. The mailing matrix
shall suffice for the list of creditors referred to in Bankruptcy Rule 1007(a). The List of
Creditors shall serve as the list required by Bankruptcy Rule 1007(a)(2) and the mailing
matrix.
(c)
Payment Advices or Other Evidence of Payment. Copies of the following shall not be filed
with the Court unless otherwise ordered but shall be provided to the trustee and any creditor
(who timely requests copies of the payment advices or other evidence of payment) at least
Page 2
seven (7) days before the date of the meeting of creditors conducted pursuant to
11 U.S.C. § 341:
(d)
(e)
(1)
all payment advices from an employer of the debtor and/or all other evidence of
payment received by the debtor within sixty (60) days before the date of the filing
of the petition; or
(2)
a declaration that no payment advices or other evidence of payment was received
by the debtor within sixty (60) days before the date of the filing of the petition.
Motion to Extend Time; Notice.
(1)
Automatic Extension. If a debtor files a motion to extend time to file lists,
schedules, statements, and other documents within fourteen (14) days after the
petition date, the Clerk shall enter an order extending time for filing to the shorter
of either fourteen (14) additional days or seven (7) days prior to the initial scheduled
meeting of creditors. The Clerk’s order shall further provide that the debtor either
must (i) file the lists, schedules, statements, and other documents or further motion
to extend time for the same by the date set forth therein; or (ii) timely file a response
and attend a hearing to explain why the case should not be dismissed. Such motion
need only be served on the United States Trustee, any appointed trustee, any official
committee, and any other party as the Court may direct. Any party objecting to such
extension will have seven (7) days from the date of the entry of the order granting
such extension under this subsection to file objections with the Court and to
schedule a hearing on same.
(2)
Other Extension. If a debtor requests an extension of time to file lists, schedules,
statements, and other documents to a date less than seven (7) days prior to the initial
scheduled meeting of creditors, then the motion shall be set for a hearing and give
notice to the United States Trustee, any appointed trustee, any official committee,
and any other party as the Court may direct. Notice of the motion shall provide that
parties objecting to the extension of time shall file written objections with the Court
within seven (7) days after service of the motion by the debtor.
Possible Dismissal of Case; Notice.
(1)
In any case in which an Individual Debtor’s Statement of Compliance with Credit
Counseling Requirement; verified statement that sets out the debtor’s social
security number (Statement of Social Security Number), or states that the debtor
does not have a social security number; and/or the List of Creditors as described in
this Local Bankruptcy Rule 1007–1(a), together with attached documents as
specified therein, are not filed at the time of the filing of the voluntary petition, the
Clerk shall issue a notice that the debtor either must (i) file the same not later than
three (3) days after the issuance of the notice; or (ii) timely file a response and
attend a hearing to explain why the case should not be dismissed. The notice period
set forth herein commences for mailed notices three (3) days after the notice is
mailed and for electronic notices when the electronic notice is served.
(i)
Unless the Court orders otherwise, if the debtor has filed a statement under
Bankruptcy Rule 1007(b)(3)(B), but does not file the documents required
by Bankruptcy Rule 1007(b)(3)(A), the Clerk shall issue a notice that the
Page 3
debtor either must (A) file the same no later than three (3) days after the
issuance of the notice; or (B) timely file a response and attend a hearing to
explain why the case should not be dismissed.
(2)
In any case in which any of the lists, schedules, statements, and other documents
are not filed at the time of the filing of the voluntary petition, the Clerk shall issue
a notice that the debtor either must (i) file the same no later than fourteen (14) days
after the filing of the petition; or (ii) timely file a response and attend a hearing to
explain why the case should not be dismissed.
(3)
In any case in which the statement of intentions as required by 11 U.S.C. § 521 are
not filed at the time of the filing of the voluntary petition, the Clerk shall issue a
notice that the debtor either must (i) file the same no later than thirty (30) days after
the filing of the petition; or (ii) timely file a response and attend a hearing to explain
why the case should not be dismissed.
RULE 1007–2
Petition—Non-Individual Debtor
A person filing a voluntary bankruptcy petition for any non-individual debtor shall file with the
petition a certificate, resolution, or other applicable documentation demonstrating that the filing is
authorized by the debtor.
RULE 1007–3
Power of Attorney and Declaration Required
A petition filed by the holder of a power of attorney (the “Filing Party”) must be accompanied by
a copy of the power of attorney and the Filing Party’s declaration under penalty of perjury
(“Declaration”). The Declaration must include (a) the Filing Party’s name, address, and
relationship to the debtor; (b) whether a guardian or other representative was appointed for the
debtor under nonbankruptcy law before the petition was filed; (c) whether the debtor has been
adjudicated an incompetent person; (d) whether the power of attorney expressly authorizes the
filing of a bankruptcy petition; (e) whether the debtor consents to the bankruptcy filing; (f) the
reason for filing the bankruptcy case; (g) whether any of the debtor’s debts were incurred for the
benefit of the Filing Party and whether the Filing Party is a party in interest in the bankruptcy case;
(h) why the debtor is unable to file the petition himself or herself or is otherwise unable to manage
his or her financial affairs; and (i) the names and addresses of all immediate family members, if
known. The signature on the petition, Declaration, and any other documents signed by the Filing
Party must reflect that the Filing Party signed as attorney in fact for the debtor (i.e., “/s/ John Smith,
Attorney in fact on behalf of Debtor”). The Filing Party must serve a copy of the petition, the
power of attorney, and the Declaration on the debtor, the debtor’s immediate family members (if
known), any other party required to be served by the instrument which authorized the Filing Party
to file the petition, and all parties in interest.
RULE 1009–1
(a)
Amending a Voluntary Petition, List, Schedule, or Statement
Requirement of Amended Summary of Schedules and Signed Declaration Page When
Schedules Are Amended. When a debtor amends a schedule or schedules, the debtor must
include:
Page 4
(b)
(c)
(1)
Official Form B 106 Declaration “Declaration About an Individual Debtor’s
Schedules” or Official Form B 202 “Declaration Under Penalty of Perjury for NonIndividual Debtors” as applicable; and
(2)
Official Form B 106 Summary “Summary of Your Assets and Liabilities and
Certain Statistical Information” or Official Form B 206 Summary “Summary of
Assets and Liabilities for Non-Individuals” as applicable.
Notice to Creditors and Amendment Coversheet. Every amendment to lists, schedules,
and/or statements (an “Amendment”) which adds, deletes, or modifies a creditor, shall
include a properly completed Local Form 101 Notice to Creditors and Amendment
Coversheet for Amending Creditor or Creditor Information. When an Amendment adds
creditors to a bankruptcy case, the Amendment shall be accompanied by a list of the added
creditors in a format specified by the Clerk, and shall mail by first class mail, to all entities
affected by the Amendment, a copy of the following:
(1)
the Amendment and Official Local Form 101;
(2)
the original notice of the meeting of creditors;
(3)
each order that establishes or extends a bar date for filing proofs of claims,
complaints to determine the dischargeability of certain debts, or to object to the
discharge of the debtor;
(4)
the order granting discharge (if any);
(5)
the notice required by Local Bankruptcy Rule 3003–1(b)(1)(iii); and
(6)
any other filed document(s) affecting the rights of said entities.
Fee Triggered by Filing of an Amendment, or Certification That the Amendment Did Not
Trigger a Fee. When an Amendment of the List of Creditors, other than an Amendment
changing only the addresses of previously listed entities, is filed, the filer must either:
(1)
pay the fee imposed by the Bankruptcy Court Miscellaneous Fee Schedule; or
(2)
file a certification that no fee is owed.
(d)
Addition to Electronic List of Creditors. Where the debtor adds creditors or other parties
in interest to a case by amending either the schedules, statements, or List of Creditors
previously filed, the debtor shall ensure that the added entities are added to the List of
Creditors in the Court’s NextGen CM/ECF system. This rule does not apply to parties not
represented by an attorney and/or required to file documents in paper format with the
Clerk’s Office.
(e)
Certificate of Compliance. Contemporaneously with the filing of either (1) an amended
schedule or (2) a supplemental or amended List of Creditors, the debtor must file a
certificate of compliance with this Local Bankruptcy Rule, together with a dated and
conspicuously titled supplemental List of Creditors that lists only the names and correct
mailing addresses of each newly scheduled and/or amended creditor, if applicable.
Page 5
RULE 1015–1
Consolidating or Jointly Administering Cases Pending in the Same
District
In all joint petitions filed with the Court, the case will be administered through joint administration
of the estates unless the trustee or other interested party files an objection to joint administration
within fourteen (14) days after the conclusion of the meeting of creditors held under 11 U.S.C.
§ 341(a) and gives notice pursuant to Local Bankruptcy Rule 9013–1.
RULE 1019–1
(a)
Converting or Reconverting a Chapter 11, 12, or 13 Case to Chapter 7
Filings Upon Conversion. Within fourteen (14) days after conversion of a case to chapter
7, the debtor shall file either:
(1)
a schedule of unpaid debts incurred after commencement of the original bankruptcy
case, and a list of creditors as required under Local Bankruptcy Rule 1007–1(a), or
(2)
a certification that no unpaid debts have been incurred since the commencement of
the case.
(b)
If the debtor fails to file the schedule and list referred to in paragraph (a)(1) of this Local
Bankruptcy Rule on the date of conversion of the case, any such subsequent filing shall be
treated as an amendment under Local Bankruptcy Rule 1009–1 and the debtor shall give
all required notices.
(c)
If required by statute or rule, and unless otherwise ordered by the Court, the debtor shall
file Official Form 122A–1, “Chapter 7 Statement of Your Current Monthly Income,”
within fourteen (14) days after conversion of a case to chapter 7.
(d)
Possible Dismissal of Case; Notice. In any case in which the document(s) under this Local
Bankruptcy Rule 1019–1(a) or (c) are not filed at the time of conversion, the Clerk shall
issue a notice that the debtor either must (1) file the same not later than fourteen (14) days
after the date of conversion to chapter 7; or (2) timely file a response and attend a hearing
to explain why the case should not be dismissed. The notice period commences for mailed
notices three (3) days after the notice is mailed and for electronic notices when the
electronic notice is served.
RULE 1075–1
Procedures for Complex Chapter 11 Cases
The “Procedures for Complex Chapter 11 Cases in the District of Columbia,” found at Appendix
B to these Local Bankruptcy Rules, as may be amended from time to time, shall apply to Complex
Cases, as such term is defined therein.
RULE 2002–1
Notices
(a)
Proponent to Give Notice. Except as stated elsewhere in the Bankruptcy Code, the Federal
Rules of Bankruptcy Procedure, these Local Bankruptcy Rules, or by order of the Court,
the proponent of any action shall give notice to all necessary parties.
(b)
Notice by Publication. A motion to approve notice by publication shall include the name(s)
of the publication(s) in which notice is proposed and shall provide for publication at least
Page 6
seven (7) days prior the date upon which action is required, or such longer notice period
when required by Rule, statute, or where deemed proper by the Court.
(c)
Service on the United States Trustee. Service on the United States Trustee shall be made
electronically at the following email address: USTPRegion04.DC.ECF@USDOJ.GOV
(d)
Notices to Equity Security Holders. Unless otherwise ordered by the Court, the debtor is
responsible for sending notice of the filing of the bankruptcy to equity security holders
except when either:
(e)
(1)
the list of equity security holders is filed with the petition; or
(2)
the equity security holders are included on the list of creditors filed with the
petition.
Requirement of Proof of Service. At the end of each pleading, motion, or other document
required to be served upon a party or within seven (7) days after completion of service, the
filing party must file a proof of service conforming to Local Bankruptcy Rule 9013–1(f).
RULE 2003–1
Meeting of Creditors or Equity Security Holders
(a)
Notice of Rescheduled Meeting of Creditors. If the United States Trustee and/or the
appointed trustee agree prior to the meeting of creditors to reschedule the meeting, then
within three (3) days of receiving the new date and time for the meeting of creditors, the
party obtaining the continuance must serve written notice of the rescheduled meeting of
creditors on all creditors and other parties in interest and file a certificate of such service
conforming to Local Bankruptcy Rule 9013–1(f). Notice must be given in the form, if any,
approved by the Clerk.
(b)
Possible Dismissal for Failure to Appear.
(1)
Possible Dismissal of Case; Notice. Notice of possible dismissal for failure to attend
the meeting of creditors shall be provided in the notice of § 341 meeting.
(2)
Possible Dismissal of Case; Order. Upon certification by the United States Trustee,
chapter 13 trustee, and/or chapter 7 trustee that either debtor or debtor’s attorney
has not appeared at a meeting of creditors, the Clerk shall issue an order for the
debtor and/or debtor’s attorney to appear and show cause why the case should not
be dismissed.
RULE 2004–1
Examinations
(a)
Contents of Motion. A motion requesting examination under Bankruptcy Rule 2004 shall
apprise the party to be examined of the proposed scope of the examination and list any
documents requested to be presented at such examination. The attendance of the examinee
and the production of documents may not be required less than fourteen (14) days after
entry of an order granting a motion under this Local Bankruptcy Rule unless the Court
orders otherwise.
(b)
Notice of Motion. Unless filed with a motion to shorten notice and expedite hearing, the
moving party must file and serve with the motion, with at least seven (7) days’ notice, a
Page 7
notice of the motion and opportunity to object (which complies with this Rule and Local
Bankruptcy Rule 9013–1).
(c)
Service of Motion. The moving party shall serve a copy of the motion upon the debtor and
if applicable, debtor’s attorney, the deponent, deponent’s attorney (if known), any standing
trustee, and the United States Trustee.
(d)
Objections to Motions for Examination Under Bankruptcy Rule 2004.
(e)
(1)
If an objection is timely filed, the movant shall request from the Court a hearing
date, transmit the notice of hearing to all parties in interest, and file the notice and
proof of service with the Clerk.
(2)
If no response or objection is timely served, the Court may grant the motion to
conduct an examination under this Local Bankruptcy Rule without further notice
or hearing.
Inapplicability to Adversary Proceedings. The provisions for examination under this Local
Bankruptcy Rule shall be inapplicable to pending adversary proceedings and contested
matters. Discovery in connection with pending adversary proceedings and contested
matters, including examinations, shall be pursuant to the discovery provisions made
applicable by Part VII of the Bankruptcy Rules and Bankruptcy Rule 9014.
RULE 2014–1
Employing Professionals
(a)
Time for Filing of Application. Absent extraordinary circumstances, nunc pro tunc
applications for appointment of professional persons pursuant to 11 U.S.C. §§ 327 and
1103 and Bankruptcy Rule 2014, will not be considered. An application is considered
timely if it is filed within thirty (30) days of the date of the filing of the bankruptcy petition,
or the date the professional commences rendering services, whichever occurs later.
(b)
Content of Application. Every application shall set forth the information as required by
Bankruptcy Rules 2014(a)(2) and 2016(a), including a specific statement as to what
payments have been made or promised to the applicant for services rendered or to be
rendered in any capacity whatsoever in connection with the case, or any other arrangement
regarding the payment of fees, including the type of fee arrangement (contingency, hourly,
flat rate, or other arrangement) and the specific terms related to the fee structure. An
applicant shall also disclose the existence of any guaranties for such fees and the debtor’s
relationship with any non-debtor entity paying or guaranteeing such fees.
(c)
Expedited Entry of Order. Absent objections within fourteen (14) days of filing of an
application to employ with the Court, the Court may grant the application under this Local
Bankruptcy Rule without further notice or hearing.
RULE 2016–1
(a)
Compensation for Services Rendered; Reimbursing Expenses
Attorney’s Disclosure Statement. An attorney representing a debtor under any chapter of
the Bankruptcy Code shall file a Bankruptcy Rule 2016(b) Disclosure of Compensation,
substantially in the form of Local Form 102 (the “Attorney Disclosure Statement”),
irrespective of the amount of fees received or requested, if any. The Attorney Disclosure
Page 8
Statement, if not filed with the petition, shall be filed no later than fourteen (14) days after
the later of the filing of the petition or the date that an attorney is engaged.
(b)
(c)
(1)
Continuing Duty to Update. An attorney for the debtor shall have a continuing duty
to timely update the Attorney Disclosure Statement, as prescribed by Bankruptcy
Rule 2016(b)(2), if additional compensation is paid after the initial filing of the
Attorney Disclosure Statement.
(2)
Sanctions for Noncompliance. Failure to comply with this Local Bankruptcy Rule
may result in the entry of an order for the disgorgement and/or denial of all fees.
Applications for Compensation. All applications, whether interim or final, shall contain the
amounts requested, and a detailed itemization of the work performed including, but not
limited to:
(1)
the name of the individual(s) performing the work;
(2)
if applicable, the amount of time expended for each task of work billed in tenths of
an hour increments and separated by each task (i.e., no “block billing” or
“lumping”);
(3)
if applicable, the hourly rate(s) requested (nonworking travel and administrative
tasks should be billed at less than the full hourly rate of the applicant);
(4)
the date of employment;
(5)
a discussion of the criteria that are relevant in determining the compensation to be
awarded;
(6)
a detailed list of reimbursable costs; and
(7)
a statement that the fees and costs for which reimbursement is sought are reasonable
for the work performed, and that the application is true and accurate.
Applications for Compensation in Chapter 7 Cases. In addition to the requirements in
subsection (b) above, professionals employed by a chapter 7 trustee shall file final
applications for fees and expenses incurred during a chapter 7 case upon completion of
services or upon notification by the trustee that the case is ready to close. In cases that have
been converted to chapter 7, all final applications of professionals for fees and expenses
incurred in the case prior to conversion shall be filed within ninety (90) days after the date
of the order converting the case.
RULE 2016–2
(a)
Compensation for Debtor’s Attorney in Chapter 13 Cases
Presumptively Reasonable Fee. Debtor’s attorney in a chapter 13 case is relieved from
filing a detailed application for compensation as required by 11 U.S.C. § 330 and
Bankruptcy Rule 2016 if the attorney complies with all the conditions and requirements set
forth herein.
(1)
Rule 2016 Disclosure. Debtor’s attorney shall file a Bankruptcy Rule 2016(b)
Disclosure of Compensation substantially in the form of Local Form 102 (the
“Attorney Disclosure Statement”) reflecting that the attorney will perform all
required and necessary services for the debtor as set forth in subsection (2)(1). If
the attorney’s Rule 2016(b) Disclosure of Compensation clearly states the specific
Page 9
exceptions, debtor’s attorney may except from representation under this Rule the
following: adversary proceedings, appeals, and United States Trustee audits. An
attorney may make separate arrangements for such representation with a debtor.
(2)
(A)
Amount. Total compensation for debtor’s attorney of $6,750.00 or less per
case, whether individual or joint, will be presumed reasonable under 11 U.S.C.
§ 329 and allowable under 11 U.S.C. § 330. If the chapter 13 trustee requires the
debtor to file a business report, or if the debtor holds a controlling interest in a
corporation or LLC operating a business, total compensation for debtor’s attorney
of $7,750.00 or less per case, whether individual or joint, will be presumed
reasonable under 11 U.S.C. § 329 and allowable under 11 U.S.C. § 330. Debtor’s
attorney may also receive expenses, including the filing fee and up to $150.00 in
other estimated expenses. The presumptive fee amounts shall be periodically
reviewed and adjusted by the Court by General Order, at least bi-annually in the
first quarter of the calendar year. Notwithstanding the amounts set forth herein, the
compensation charged must be commensurate with the nature and complexity of
the case, be based upon the reasonably anticipated amount of time to be expended
on the case and shall be presumed to compensate debtor’s attorney for a level of
service to debtor that includes the services set forth in subsection (ii).
(B)
Services Included. Services included in the presumptively reasonable fee
set forth in (a)(2)(A), at a minimum, shall include:
(i)
counseling with and explaining to the debtor all of the debtor’s
responsibilities, including, but not limited to payments and
attendance at the meeting of creditors, confirmation hearing(s), and
other required hearings;
(ii)
verifying the debtor’s identity, social security number, and
eligibility for chapter 13;
(iii)
timely preparation and filing of the petition, schedules, statement of
financial affairs, chapter 13 plan, all amendments and all required
documents pursuant to the Bankruptcy Code, the Bankruptcy Rules,
and these Local Bankruptcy Rules;
(iv)
serving copies of all filed plans on creditors and interested parties as
required by the Code, the Bankruptcy Rules, and these Local
Bankruptcy Rules;
(v)
preparing for and attending the meeting of creditors, confirmation
hearing(s), and all other required hearings;
(vi)
preparing pleadings and attending hearings for all necessary preconfirmation motions brought on behalf of the debtor;
(vii)
timely reviewing, objecting to, and filing claims, as necessary;
(viii) filing amendments, motions, or any other required pleadings;
(ix)
attending all hearings when required;
Page 10
(x)
assisting the debtor in petitioning the Court to employ an attorney
for a special purpose (“Special Counsel”), to seek approval of
settlements or compromises, and to request approval of
compensation for Special Counsel as appropriate;
(xi)
attending hearings and defending motions against the debtor as
appropriate, including motions for relief from the automatic stay,
until discharge, conversion, or dismissal of the case;
(xii)
preparing, filing, and serving of motions for voluntary dismissals;
(xiii) preparing, filing, and serving of motions to deem mortgage current,
where appropriate;
(xiv)
preparing, filing, and serving of motions to approve loan
modifications, where appropriate;
(xv)
advising the debtor regarding the requirements for obtaining a
discharge, including eligibility for discharge; the need to complete
a course in personal financial management provided by an approved
agency; the need to satisfy requirements regarding domestic support
obligations; and filing all required 11 U.S.C. § 1328 certifications
with the bankruptcy Court;
(xvi)
filing a statement regarding the completion of a course in personal
financial management if required by Bankruptcy Rule 1007(b)(7)
(or subsequent rules) and a motion for entry of discharge (if
applicable);
(xvii) consulting with the debtor from time-to-time after confirmation
regarding the status of the case and steps needed for plan
completion, including without limitation, changes of address,
changes in employer/employee withholding, review of summary
notices of claims, review of annual/semi-annual reports, and review
or preparation of miscellaneous correspondence regarding the case;
(xviii) in a business case, filing business reports or providing any business
documentation as required by the chapter 13 trustee; and
(xix)
in all cases, assisting the debtor with compliance with all
requirements of the Bankruptcy Code, Federal Rules of Bankruptcy
Procedure, General Orders, Local Bankruptcy Rules, and
procedures.
(C)
Approval. Approval of the allowance of a presumptively reasonable fee will
be considered by the Court at confirmation and be granted by entry of the
confirmation order. The fees sought in the plan must be consistent in amount
and description with attorney ’s Bankruptcy Rule 2016(b) disclosure.
(D)
Duration of Representation. A debtor’s attorney must assist the debtor in all
matters in the bankruptcy case, unless properly excluded as provided for in
section (a)(1) above, unless the Court has granted the attorney’s motion to
withdraw as attorney. Debtor’s attorney shall not withhold legal advice or
Page 11
service in the bankruptcy case from the debtor because of lack of payment
and shall not demand payment from the debtor or any person on behalf of
the debtor as a condition of providing such legal advice or service.
(3)
Review of Presumptively Reasonable Fees. Inasmuch as the reasonableness of fees
established in subdivision (2)(A) is presumptive only, the Court may, in its
discretion, or upon request of the debtor, the chapter 13 trustee, the United States
Trustee, a creditor, debtor’s attorney, or a party in interest, conduct a hearing to
consider the reasonableness of such fee under all the facts and circumstances of the
case. The Court may, as a result of such hearing, reduce, increase, or otherwise
modify such fee. Attorneys are prohibited from advising clients or the public that
this Court requires any minimum or maximum compensation for a chapter 13 case.
This Rule does not seek to set any compensation in any chapter 13 case, and it does
not and is not intended to set any minimum or maximum compensation in any
chapter 13 case filed in this Court.
(4)
Effect of Flat Fee Election.
(A)
Unless ordered otherwise, debtor’s attorney’s election to accept a
presumptive fee is irrevocable. However, the Court may allow
compensation different from the compensation provided under subdivision
(a)(2) any time prior to entry of a final decree, if such compensation proves
to have been improvident in light of developments not capable of being
anticipated at the time the plan is confirmed or denied confirmation.
(B)
If a debtor’s attorney is awarded compensation pursuant to subdivision
(a)(2) of this Rule and thereafter seeks additional compensation pursuant to
subsection (a)(4)(A), the attorney must file a detailed application for
compensation for all such additional compensation in the case as described
in this Local Bankruptcy Rule and pursuant to Bankruptcy Rule 2016(a)(2),
11 U.S.C. § 330, the Compensation Guidelines maintained by the Office of
the United States Trustee, and other applicable law. The attorney seeking
additional compensation must be prepared at the hearing to provide
evidence as to the improvident developments, including all extraordinary
tasks required in the case, and the reason additional compensation is sought
and due.
(b)
Electing to File Applications for Compensation in Chapter 13 Cases. A chapter 13 debtor’s
attorney may elect not to seek compensation under subdivision (a) of this Rule. In that
event, the attorney must file a detailed application for all compensation in the case pursuant
to Bankruptcy Rule 2016(a)(2), 11 U.S.C. § 330, the Compensation Guidelines maintained
by the Office of the United States Trustee, and other applicable law. Attorneys electing this
procedure shall estimate fees in the chapter 13 plan for confirmation purposes. Unless
otherwise ordered by the Court, an attorney seeking compensation under this subpart shall
file an initial fee application no later than 60 days after entry of the first order confirming
a plan in the case.
(c)
Nonstandard Case Related Representation. Attorneys employed by a debtor during the case
to assist with work not contemplated under the expedited fee process or addressed in the
supplemental fee provision in the written fee agreement, such as representation of the
Page 12
debtor in an adversary proceeding, or an action in connection with the case in a
nonbankruptcy court, shall comply with the filing requirements of 11 U.S.C. § 329.
(d)
Retention of Jurisdiction. Upon the dismissal of a chapter 13 case wherein a chapter 13
plan has not been confirmed, the Court retains jurisdiction for a period of twenty-one (21)
days after the dismissal order becomes final, to determine if any professional fees are an
administrative expense under 11 U.S.C. § 503(b). See 11 U.S.C. § 1326 (a)(2). The debtor’s
attorney, and/or any duly authorized professional, shall move the court within the twentyone (21) day period for such a determination.
RULE 2072–1
Access to Information in Chapter 11 Cases
Unless otherwise ordered by the Court, a committee appointed under 11 U.S.C. § 1102 or a trustee
appointed in a Subchapter V case is not required to provide access to information to the extent that
such information has been reasonably designated by the party providing such information as nonpublic, proprietary, privileged, work product, or otherwise confidential.
RULE 2090–1
Attorneys – Admission to Practice
(a)
Admission. As a unit of the District Court, attorneys admitted to the District Court, in
accordance with DCt.LCvR 83.8 (Who May Be Admitted), may practice before this Court.
Attorneys admitted in the District Court must follow the District Court Local Bankruptcy
Rules for maintenance and renewal of their membership. Unless otherwise stated herein,
the District Court Local Bankruptcy Rules as to membership in the bar of this Court shall
apply.
(b)
Admission Pro Hac Vice. An attorney who is not a member of the Bar of the United States
District Court for the District of Columbia, but who is a member in good standing in every
jurisdiction where the attorney has been admitted to practice and is not subject to pending
disciplinary proceedings as a member of the Bar in any jurisdiction, may appear in this
Court by leave of Court. Such attorney shall, contemporaneous with the making of such
appearance, file a Motion for Admission Pro Hac Vice to appear before this Court, which
need not be signed by any other attorney, along with the applicable filing fee. An attorney
thereafter admitted pro hac vice shall be permitted to appear in the case for which such
admission is granted, together with any adversary proceedings stemming therefrom.
(c)
Law Students. As a unit of the District Court, law students may practice before this Court
in accordance with DCt.LCvR 83.4 (Practice By Law Students). In addition to the
requirements in the District Court Local Bankruptcy Rules, any law student practicing in
this Court must also be familiar with the Federal Rules of Bankruptcy Procedure and these
Local Bankruptcy Rules.
(d)
Attorneys Employed by Federal, State, and Local Governments. An attorney who is
employed or retained by the United States or one of its agencies, any State, or Local
Government may appear, file papers, and practice in this Court on behalf of their client in
the attorney’s official capacity irrespective of (a) and (b) of these Local Bankruptcy Rules.
(e)
Attorneys Representing Indigent Parties. Notwithstanding (a) and (b) of these Local
Bankruptcy Rules, an attorney who is a member in good standing of the District of
Columbia Bar or who is a member in good standing of the bar of any United States Court
Page 13
or of the highest court of any State may appear, file papers, and practice in any case handled
without a fee on behalf of an indigent party upon certifying that the attorney is providing
representation without compensation and is personally familiar with the Local Bankruptcy
Rules of this Court.
(f)
(g)
Appearance at All Proceedings.
(1)
Appearance by Attorney for the Debtor. Any attorney who makes a general
appearance on behalf of a debtor in a bankruptcy case must be present and appear
at all Court proceedings involved in the case that the debtor is required to attend
under any provision of the Bankruptcy Code, the Bankruptcy Rules, the Local
Bankruptcy Rules, or order of the Court, (i) unless excused from the hearing by the
Court; (ii) given permission to withdraw; (iii) has filed a pleading stating that the
debtor has no objection to, or does not oppose, the relief requested; or (iv) has
endorsed without objection an order resolving the pleading.
(2)
Appearance by Other Attorney of Record. Any attorney who has filed a pleading
in a bankruptcy case must be present and appear at all Court proceedings involving
that pleading unless the attorney: (i) has been excused by the Court; (ii) has been
given permission to withdraw by order of the Court; or (iii) has provided opposing
or another attorney appearing at the initial pretrial conference with available dates
so that a trial date can be established.
Duties of Debtor’s Attorney.
(1)
If a debtor is represented by an attorney generally in a case, another attorney may
enter an appearance limited to specific matters in the case, such as a motion for
relief, another contested matter, an adversary proceeding, or an appeal, without
entering a general appearance on behalf of the debtor. As applicable, the debtor or
such attorney must file an application to employ and a Bankruptcy Rule 2016(b)
statement disclosing the scope of the representation and the fees charged and paid
(or to be paid) for such representation. Such representation shall be limited solely
to the matters described in the Bankruptcy Rule 2016(b) statement.
(2)
Unless the attorney has withdrawn as attorney for the debtor pursuant to Local
Bankruptcy Rule 2091–1, an attorney who files a petition on behalf of a debtor must
advise the debtor of, and assist the debtor in complying with, all duties of a debtor
under 11 U.S.C. § 521.
RULE 2090–2
Attorneys – Discipline & Disbarment
Attorneys Subject to Rules. As a unit of the District Court, the District Court’s Rules of
Disciplinary Enforcement (DCt.LCvR 83.12 – .20) shall apply to all attorneys admitted to
membership in the Bar of this Court, to all attorneys permitted to practice before this Court under
DCt.LCvR 83.2, and to all attorneys who appear before this Court or who participate in
proceedings, whether admitted or not. All attorneys to whom these Rules apply shall be subject to
the disciplinary jurisdiction of this Court for any alleged misconduct arising in connection with
such proceeding. All such attorneys shall also be deemed thereby to have designated the Clerk of
the Court as agent for service of process under these Rules governing discipline and disciplinary
proceedings. Nothing contained herein shall in any manner be construed as limiting the inherent
Page 14
authority and power of the Court to discipline, sanction, or hold in contempt attorneys who appear
before it pursuant to 11 U.S.C. § 105, Bankruptcy Rule 9011, or otherwise, or providing an
exclusive procedure for the discipline of attorneys who appear before the Court.
RULE 2090–3
The Honorable S. Martin Teel, Jr. Bankruptcy Pro Bono Program
An attorney who is a member in good standing of the Bar of the United States District Court for
the District of Columbia or who is a member in good standing of the bar of any United States Court
or of the highest court of any State is urged whenever requested by the Court to assist or represent
parties who cannot afford to retain an attorney to represent them in bankruptcy matters before this
Court and, if necessary, without compensation unless exempted by rule or statute.
The Court will maintain a program for the appointment of pro bono attorneys to qualified
individuals in contested matters and adversary proceedings to be known as The Honorable S.
Martin Teel, Jr. Pro Bono Program (as more fully set out in Appendix C).
RULE 2091–1
Attorneys – Withdrawals
(a)
Withdrawal Generally. Except as otherwise provided in this Local Bankruptcy Rule or by
order of the Court, an attorney may not withdraw in any case or proceeding except by leave
of Court. A motion for leave to withdraw shall be filed and served using the notice
procedures of Local Bankruptcy Rule 2002–1. The notice shall provide for a seven (7) day
response period and shall be served on the client, parties in interest affected thereby, and
opposing attorney (if any).
(b)
Withdrawal for Party in Interest Other than the Debtor or an Official Committee. An
attorney for a party in interest other than the debtor or an Official Committee who is not a
party to any pending contested matter or adversary proceeding may withdraw their
appearance without Court order by filing a notice of withdrawal as attorney; stating the
name and mailing address of the client; and serving copies of the notice on the client, the
debtor, the trustee, the United States Trustee, and their attorneys.
(c)
Withdrawal of Co-Attorney of Record. An attorney seeking to withdraw from representing
a client in a case or proceeding at a time when such client is represented by other attorney
of record in such matter may withdraw their appearance by filing a notice of withdrawal
that is approved and signed by the client and other attorney of record for the client, and
serving copies of the notice on parties in interest entitled to notice.
(d)
Substitution of Attorney. An attorney seeking to withdraw from representation of a client
may file a joint motion or stipulation with the attorney seeking to be substituted in as
attorney for such client, in the relevant case or proceedings, requesting authority of the
Court for substitution of attorney. Such motion or stipulation shall certify that the client
has consented to the substitution or be signed by the client, and such motion or stipulation
shall be served on the client and parties in interest entitled to notice. The Court may
consider a joint motion or stipulation for substitution of attorney without a hearing.
Substitution of attorney is subject to the requirements of the Bankruptcy Code, the
Bankruptcy Rules, and this Court’s Local Bankruptcy Rules with regard to retention of
professionals, disclosure, payment of professionals, and related matters.
Page 15
(e)
Substitution of Attorney Within Same Law Firm. If an attorney who is a member of the
same law firm as the attorney of record wishes to substitute as attorney for a party in place
of the attorney of record because (1) the attorney of record is leaving the law firm or (2)
the attorney of record will no longer serve as attorney of record, the substituting attorney
may file a notice of substitution of attorney (“Notice of Substitution”) without leave of
Court. The Notice of Substitution shall include a representation that the client has been
informed of and consents to the substitution.
RULE 3003–1
(a)
(b)
Chapter 9 or 11—Filing a Proof of Claim or Equity Interest
Claims Bar Date. In a Chapter 11 case, the Clerk shall give notice of the bar date with the
notice for the meeting of creditors. Unless a different date is subsequently ordered by the
Court:
(1)
the last date for the filing of claims, other than a claim of a governmental unit in a
chapter 11 case, shall be ninety (90) days after the first date set for the meeting of
creditors;
(2)
the last date for a governmental unit to file a proof of claim shall be 180 days after
the petition is filed in a voluntary chapter 11 case or an order for relief is entered in
an involuntary chapter 11 case; and
(3)
in a chapter 11 case under subchapter V of chapter 11, other than a claim of a
governmental unit, a proof of claim is timely if filed no later than seventy (70) days
after the date of the entry of the order for relief, unless a different date is fixed by
the Court.
Claims Scheduled as Disputed, Contingent, or Unliquidated. In a chapter 11 case the debtor
shall:
(1)
(2)
serve creditors whose claims are listed on the schedules as disputed, contingent, or
unliquidated with a notice of the fact within fourteen (14) days after the later of:
(i)
the conversion of the case to chapter 11;
(ii)
the filing of the schedules of liabilities; or
(iii)
the filing of an amendment to the schedules of liabilities adding such
creditors. and
file with the Court a certificate of service indicating the date and manner of service
of the notice required under this Local Bankruptcy Rule.
RULE 3004–1
Proof of Claim Filed by the Debtor or Trustee for a Creditor
A debtor’s attorney or a trustee electronically filing a proof of claim on behalf of a creditor under
Bankruptcy Rule 3004 shall be responsible for giving notice of such filing to the creditor, debtor,
and any appointed trustee as required by that Bankruptcy Rule and shall attach to the proof of
claim a certificate of service of such notice.
Page 16
RULE 3007–1
Objecting to a Claim
(a)
Contents of Objection. All objections to claims shall state with particularity the grounds
therefor and shall set forth the relief or order sought.
(b)
Filing of Notice with Objection. Unless filed with a motion to shorten notice and expedite
hearing, the objecting party must file and serve with the objection with no less than thirty
(30) days’ notice, a notice of the objection, opportunity to object, and/or notice of hearing
(which complies with this Rule and Local Bankruptcy Rule 9013–1).
(c)
Requirement of Written Response. A creditor served with an objection to claim shall file
and serve on the objecting party, a response thereto within thirty (30) days of service if a
notice of opportunity to request a hearing is given, or seven (7) days prior to the hearing if
the objection is accompanied by a notice of hearing. If no response is filed, the Court may
treat the objection as conceded, and the Court may enter an order without holding a hearing
disallowing the claim in whole or in part as set forth in the objection to claim.
RULE 3011–1
Chapter 7, Subchapter V of Chapter 11, Chapter 12, and Chapter 13—
Listing Unclaimed Funds
(a)
Deposits of Unclaimed Funds. Deposits of unclaimed distributions by chapter 7, 11, 12,
13, and subchapter V trustees may be made without leave of Court.
(b)
Withdrawal of Unclaimed Funds. Any party wishing to withdraw unclaimed funds from
the Court, including unclaimed distributions deposited under 11 U.S.C. § 347(a), shall file
a completed Local Form 103 with all required attachments thereto with original, wet ink
signatures unless the application is filed by a member of the bar of this Court. The Local
Form and all required attachments shall be served on the United States Attorney for the
District of Columbia and the United States Trustee.
(c)
Applications by Parties Other Than the Debtor or Original Claimant. Unless ordered
otherwise for cause shown, if an application under this Local Bankruptcy Rule is filed by
a party other than the debtor or original claimant, the Court shall issue payment only to one
of the following: (1) the name of the rightful claimant (including payment issued to the
claimant but mailed care of a third party); or (2) if authorized by power of attorney, jointly
to the claimant and a third party.
RULE 3014–1
Chapter 9 Or 11—Secured Creditors’ Election to Apply § 1111(b)
In a case under subchapter V of chapter 11 in which 11 U.S.C. § 1125 does not apply, an election
of 11 U.S.C. § 1111(b)(2) by a class of secured creditors shall be made no later than fourteen (14)
days following the filing of the plan, or such other date as the Court may direct.
RULE 3015–1
(a)
Chapter 12 or 13—Time to File a Plan; Nonstandard Provisions;
Objection to Confirmation; Effect of Confirmation; Modifying a Plan
Requirement for use of Local Chapter 13 Plan Form. A chapter 13 plan must conform to
Local Form 104 and must be used without alteration, except as otherwise provided in these
Local Bankruptcy Rules or in instructions issued by the Court. Debtors may delete items
Page 17
requiring detail in a question or category if the filer indicates by checking “none” that there
is nothing to report on that question or category.
(b)
(c)
(d)
Service. Along with the original chapter 13 plan and any amended or modified chapter 13
plan, the debtor shall file a certificate of service as included in Local Form 104 setting forth
the date and manner of service and the names and addresses of all parties to whom the
chapter 13 plan was mailed or transmitted. In addition, if the debtor seeks to avoid any lien
or value any collateral, the debtor shall serve the chapter 13 plan on affected parties
pursuant to Bankruptcy Rule 7004.
(1)
Except as set forth in subsection (b)(2) of this Local Bankruptcy Rule and unless
the Court orders otherwise, the debtor shall serve a copy of the debtor’s chapter 13
plan on the chapter 13 trustee, all creditors, and other parties in interest on or prior
to the date it is filed with the Court.
(2)
An amended or modified chapter 13 plan that only increases (i) the amount of
monthly payments and/or (ii) the total amount of payments in the chapter 13 plan
to the chapter 13 trustee may be served only on the chapter 13 trustee and is not
required to be served on all creditors and parties in interest.
Motion to Extend Time; Notice.
(1)
Automatic Extension. If a motion to extend time to file the chapter 13 plan is filed
within fourteen (14) days after the petition date, the Clerk shall enter an order
extending time for filing to the shorter of fourteen (14) additional days or seven (7)
days prior to the initial scheduled meeting of creditors. The Clerk’s order shall
further provide that the debtor either must (i) file the chapter 13 plan or further
motion to extend time for the same by the date set forth therein; or (ii) timely file a
response and attend a hearing to explain why the case should not be dismissed.
Such motion need only be served on the United States Trustee, the chapter 13
trustee, and any other party as the Court may direct. Any party objecting to such
extension shall have seven (7) days from the date of the entry of the order granting
such extension under this subsection to file objections with the Court and to
schedule a hearing on the same.
(2)
Other Extension. Any motion that is filed after the due date of the chapter 13 plan
set forth in Bankruptcy Rule 3015 or that seeks an extension of time beyond the
dates specified in subparagraph (c)(1) of this Local Bankruptcy Rule shall be
noticed for a hearing. Such motion need only be served on the United States
Trustee, the chapter 13 trustee, and any other party as the Court may direct. Notice
of the motion shall provide that parties objecting to the extension of time shall file
written objections with the Court within seven (7) days after service of the motion
by the debtor.
Additional Evidentiary Requirements. If the debtor seeks to value collateral or avoid liens
pursuant to a provision in the chapter 13 plan, the debtor must file separately or as an
exhibit to the chapter 13 plan evidence of (1) the collateral’s value; (2) the existence of all
other liens; (3) the name, address, and nature of ownership of any non-debtor owner of the
property; and (4) if the lienholder has not filed a proof of claim, evidence of the amount of
each debt secured by the collateral. Notwithstanding subsection (b) of this Local
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Bankruptcy Rule, the debtor need only serve the evidence listed herein on affected creditors
and not on all creditors.
RULE 3015–2
(a)
Chapter 13—Amendments to Plans
Amendments to Proposed Chapter 13 Plans. Unless confirmation of a prior chapter 13 plan
has been denied, an amended chapter 13 plan may be filed at any time prior to confirmation.
If confirmation of a prior chapter 13 plan has been denied, an amended chapter 13 plan
must be filed within the period stated in Local Bankruptcy Rule 3015–3(c) unless the order
denying confirmation states some other period.
(1)
Amendments Filed with the Court Twenty-Eight (28) Or More Days Prior to
Confirmation. If an amended chapter 13 plan is filed with the Court twenty-eight
(28) days or more prior to a scheduled confirmation hearing, the debtor may set the
date for the confirmation hearing upon such amended chapter 13 plan for the
existing scheduled confirmation hearing.
(2)
Amendments Filed with the Court Less than Twenty-Eight (28) Days Prior to
Confirmation. If an amended chapter 13 plan is filed with the Court less than
twenty-eight (28) days prior to a scheduled confirmation hearing, the debtor shall
obtain a new confirmation hearing date from the chapter 13 trustee, the Courtroom
Deputy, or the dates listed on the Court’s website, or file an appropriate motion(s)
to shorten notice.
(3)
Hearing Date. Confirmation hearings shall be set on not less than twenty-eight (28)
days’ notice after the filing of a plan. Objections to the plan must be filed and copies
served on the chapter 13 trustee, the debtor, and the debtor’s attorney no later than
seven (7) days before the date set for hearing on confirmation of the plan. The
debtor shall obtain a confirmation hearing date from the chapter 13 trustee, the
Courtroom Deputy, or the dates listed on the Court’s website.
(b)
Modifications to Confirmed Chapter 13 Plans. Except as set forth Local Bankruptcy Rule
3015–1(b)(2), a request to modify a confirmed chapter 13 plan shall be made by a motion
and served pursuant to Local Bankruptcy Rule 3015–1(b) with twenty-eight (28) days’
notice of a scheduled confirmation hearing date from the chapter 13 trustee, the Courtroom
Deputy, or the dates listed on the Court’s website. Any objections must be filed and served
seven (7) days prior to the scheduled confirmation hearing. All motions to modify must
comply with Bankruptcy Rule 3015(h), explain with specificity the proposed modification,
and be accompanied by the proposed modified chapter 13 plan.
(c)
Effect of Filing Amended or Modified Chapter 13 Plan. Upon the filing of an amended or
modified chapter 13 plan, any pending objections to the previous proposed chapter 13 plan
shall automatically be continued to the same date and time as the confirmation hearing on
the amended or modified chapter 13 plan.
RULE 3015–3
(a)
Chapter 13—Confirmation
Objections to Confirmation of Chapter 13 Plans.
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(1)
Timing. Any objection to confirmation of the chapter 13 plan or to the granting of
any included Motion for Determination of Value, Motion for Lien Avoidance, or
the Motion to Assume or Reject Executory Contract or Unexpired Lease shall be
filed no later than seven (7) days prior to the date set for the confirmation hearing.
(2)
Service. The objecting party shall file an original objection with the Court and serve
copies on the chapter 13 trustee, the debtor, and the debtor’s attorney (if any). The
objection shall be accompanied by a certificate of service.
(b)
Pre-Confirmation Certification. Prior to the scheduled confirmation hearing, a debtor shall
sign the “Certification by Debtor(s) Requesting Confirmation of plan and Compliance With
Requirements of 11 U.S.C. § 1325” (Local Form 105) (the “Pre-Confirmation
Certification”), file it with the Clerk, and deliver a copy to the chapter 13 trustee.
(c)
Confirmation Hearing When No Objection Is Timely Filed. After the time for filing
objections has passed, if the Pre-Confirmation Certification has been filed, no objection
has been timely filed, and upon recommendation of the chapter 13 trustee, the Court may
enter an order confirming the chapter 13 plan without holding a hearing.
(d)
Denial of Confirmation in Cases Without a Confirmed Chapter 13 Plan. If the Court denies
confirmation of the debtor’s original or subsequently modified chapter 13 plan, and the
Court has not entered an order previously confirming a chapter 13 plan, the Clerk is
directed to issue an order dismissing the chapter 13 case unless, within twenty-one (21)
days after denial of confirmation: (1) the debtor files a new chapter 13 plan; (2) the debtor
converts or moves to convert the case to another chapter of the Bankruptcy Code; (3) the
debtor files a motion for reconsideration or appeals the denial of confirmation; or (4) the
Court otherwise orders.
(e)
Denial of Confirmation in Cases with a Confirmed Chapter 13 Plan. If the Court denies
confirmation of the debtor’s modified chapter 13 plan and the Court has entered an order
previously confirming a chapter 13 plan, the previously confirmed chapter 13 plan shall
remain in full force and effect.
(f)
Adequate Protection.
(1)
Affidavit. No later than fourteen (14) days prior to the date of a confirmation
hearing, the debtor shall serve on the chapter 13 trustee and file with the Court an
affidavit setting forth all 11 U.S.C. § 1326(a)(1) pre-confirmation payments made
by the debtor. The affidavit shall set forth the deadline to object to the information
contained in the affidavit. A copy of the affidavit shall be served on the creditors
identified as being paid in the manner provided for service of a summons and
complaint by Bankruptcy Rule 7004. In addition, if a proof of claim has been filed,
the affidavit shall be served in care of the claimant at the name and address where
notices should be sent as shown on the proof of claim.
(2)
Objections. Objections to the accuracy of the affidavit shall be filed no later than
seven (7) days after the filing and service of the affidavit. Unless a timely objection
to the affidavit is filed, the Court may presume the information in the affidavit is
accurate.
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RULE 3018–1
Chapter 9 or 11—Accepting or Rejecting a Plan
Summary of Ballots. Any proponent of a plan in a chapter 11 case shall file a summary of ballots
(acceptances and rejections) with the Clerk prior to the hearing on confirmation. The ballots shall
not be filed with the Clerk unless the Court so orders.
RULE 3022–1
Chapter 11—Final Decree
(a)
Chapter 11 Subchapter V Proceedings. Unless extended by the Court, on or before the later
of thirty (30) days after the granting of a discharge in a case under chapter 11 Subchapter
V (Small Business Debtor Reorganization), or thirty (30) days after the disposition of all
adversary proceedings or contested matters, whichever is later, the debtor’s attorney shall
file a motion for final decree. This deadline shall apply to both individual and nonindividual debtors under Subchapter V.
(b)
Chapter 11 Non-Subchapter V Proceedings.
(1)
Non-Individual Debtors. Unless extended by the Court, on or before the later of
thirty (30) days after the order of confirmation in a case under chapter 11, or thirty
(30) days after the disposition of all adversary proceedings, contested matters, and
objections to claims, the debtor’s attorney shall file a certificate of substantial
consummation together with a motion for final decree.
(2)
Individual Debtors. After the entry of an order of confirmation and the disposition
of all adversary proceedings, contested matters, and objections to claims, an
individual debtor may file a motion to administratively close the chapter 11 case
and/or for entry of final decree. The debtor, any creditor, or any other party in
interest may file a motion to reopen a closed case for the purpose of entry of a
discharge and/or a final decree at any time without the necessity of paying a filing
fee. The debtor may move to reopen the case for the purpose of obtaining a
discharge, entry of a final decree after the completion of all payments under the
plan, and/or for the purpose of seeking a hardship discharge. A motion to reopen
filed by the debtor shall include the total amount of payments made to each creditor
under the plan, shall be verified by the debtor, and shall be served upon each
creditor.
RULE 3070–1
(a)
Chapter 13—Payments
Order of Distribution on Allowed Claims in Chapter 13 Cases. Unless otherwise stated in
the Non-standard Provisions (Paragraph 9.1) of a confirmed chapter 13 plan, the chapter
13 trustee shall make distributions in the order listed below. If compliance with this Local
Bankruptcy Rule will cause unreasonable delay under 11 U.S.C. § 1322(a)(5) or
§ 1325(a)(5)(B)(iii)(I) in the commencement of or completion of payments on an allowed
secured claim, the chapter 13 trustee may adjust the payments, or a secured creditor may
apply for an order to alter the payment scheme.
(1)
Chapter 13 trustee commission under 11 U.S.C. § 1326(b)(2).
(2)
At the same time and pro rata, allowed unsecured claims for: (i) any domestic
support obligations and other claims described under 11 U.S.C. § 507(a)(1); and
Page 21
(ii) any administrative claims and other claims described under 11 U.S.C.
§ 507(a)(2), including any allowed debtor’s attorney’s fee.
(3)
Claims payable to any former chapter 7 trustee under 11 U.S.C. § 1326(b)(3).
(4)
Other priority claims defined by 11 U.S.C. §§ 507(a)(3) – (10).
(5)
At the same time and pro rata with payments on priority claims under paragraph 4
above, allowed secured claims as follows:
(6)
(A)
allowed secured claims for pre-petition arrears, designated to be paid under
the chapter 13 plan, in equal monthly amounts; and
(B)
allowed secured claims, designated to be paid in full under the chapter 13
plan, in equal monthly amounts at any specified interest rate.
After payment of both allowed priority claims and allowed secured claims that are
to be paid under the chapter 13 plan, allowed general unsecured claims.
(b)
Chapter 13 Pre-Confirmation Adequate Protection Payments. Pre-confirmation adequate
protection payments governed by 11 U.S.C. § 1326(a)(1)(C) shall be made by the debtor
to the chapter 13 trustee as part of the total payment to the chapter 13 trustee. The chapter
13 trustee shall pay the amount provided for by the plan to the secured creditor both before
and after confirmation, unless the debtor’s plan provides that such payments will be made
directly by the debtor or no plan provision addresses payment of the secured claim, in
which event the debtor shall make the pre-confirmation payments directly to the secured
creditor and furnish proof of such payments to the chapter 13 trustee.
(c)
Chapter 13 Pre-Confirmation Payments of Personal Property Leases. Pre-confirmation
payments of personal property leases governed by 11 U.S.C. § 1326(a)(1)(B) shall be made
by the debtor to the chapter 13 trustee as part of the total payment to the chapter 13 trustee.
The chapter 13 trustee shall pay the lessor, both before and after confirmation, unless the
debtor’s plan provides that lease payments will be made directly by the debtor or no plan
provision addresses payment of the debtor’s lease obligation, in which event the debtor
must make the pre-confirmation payments directly to the lessor and furnish proof of such
payments to the chapter 13 trustee.
(d)
Distribution on Pre-Confirmation Dismissal or Conversion. Upon dismissal or conversion
of a chapter 13 case, any funds that the chapter 13 trustee holds in a case shall be charged
for the chapter 13 trustee’s allowed expenses and any outstanding Clerk’s fees.
RULE 4001–1
(a)
Relief from The Automatic Stay; Prohibiting or Conditioning the Use,
Sale, or Lease of Property; Using Cash Collateral; Obtaining Credit;
Various Agreements
Form of Motion.
(1)
Title. Generally, a motion for relief from automatic stay of 11 U.S.C. § 362(a) shall
bear a title clearly identifying it as a motion for relief from the automatic stay. The
motion may be combined with a request for relief from co-debtor stay pursuant to
11 U.S.C. § 1201(a) or 11 U.S.C. § 1301(a), and the title shall clearly state the
additional request for relief. Any motion for relief from stay that includes a request
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for the imposition of an equitable servitude, or any other prospective relief that
would limit a stay arising under 11 U.S.C. § 362(a), shall be titled in a manner that
clearly and conspicuously so states.
(b)
(2)
Combining Motions. In addition to complying with Bankruptcy Rule 4001(a), each
motion under 11 U.S.C. § 362(d) for relief from the automatic stay may be filed
together with any other motion requesting unrelated relief. A motion that is
combined with alternative forms of relief shall be titled in a manner that clearly and
conspicuously so states. The moving party must comply with applicable NextGen
CM/ECF docketing protocols, noticing requirements, and fee requirements.
(3)
Proposed Order. The motion must be submitted with a proposed order that includes
the description of any property involved. The proposed order must be attached as
an exhibit or attachment to the motion rather than as a separate docket entry.
Contents of Motion. The following material, when applicable, shall be included in a motion
for relief from stay:
(1)
A detailed statement of debt owed to movant.
(2)
If periodic payments are in arrears, the amount of arrears that have accrued prepetition and/or post-petition.
(3)
A description of the property encumbered.
(4)
A description of the security interest related to the motion, with all documents
evidencing the interest and its perfection attached.
(5)
A statement of Bankruptcy Code section(s) and the factual basis for relief, such as
lack of adequate protection, absence of equity, or that the property is not necessary
for an effective reorganization.
(i)
(c)
The specific facts constituting cause shall be set forth if a motion is brought
for cause.
(6)
If the moving party asserts a valuation of the subject property, a statement of
valuation amount, date, and the basis of the valuation. and/or
(7)
The specific nature of the relief from stay that is requested.
Notice.
(1)
Filing of Notice of Hearing with Motion. The moving party shall file and serve with
the motion with at least fourteen (14) days’ notice, a notice of the motion and notice
of hearing (which complies with this Rule and Local Bankruptcy Rule 9013–1). If
the hearing is set more than thirty (30) days from the date of filing of the motion,
the moving party is deemed to have waived the 30-day automatic termination rule
of 11 U.S.C. § 362(e).
(2)
Notice of § 1301(c)(2) Co-Debtor Relief. If a motion seeks relief under 11 U.S.C.
§1301(c)(2), the notice filed therewith must include the following language: “If you
do not file a written response by the deadline shown, the law provides that the stay
protecting you from further legal action against you by this creditor will
automatically terminate as provided for in 11 U.S.C. §1302(d).”
Page 23
(d)
Service of Motion. The moving party shall serve a copy of the motion upon the debtor and
if applicable, upon:
(1)
debtor’s attorney;
(2)
any duly appointed trustee;
(3)
any official committee appointed in the case or its authorized representative;
(4)
if a chapter 11 case, any additional creditors if required by Bankruptcy Rule
4001(a)(1); and
(5)
any other party in interest as directed by the Court.
(e)
Obtaining a Hearing Date. Prior to filing a motion for relief from the stay, the moving party
shall consult the Court’s website to obtain a date and time for the hearing from the dates
that are available or contact the Courtroom Deputy. The first hearing scheduled on a
contested motion for relief shall be a preliminary hearing unless the Court orders otherwise.
(f)
Response to Motion for Relief from Stay. A response to a motion for relief from stay shall
include detailed answers to each numbered paragraph of the motion, be timely filed, and
be served on the movant. All defenses to the motion shall be stated in the response. If a
timely opposition is not filed, the Court may grant or otherwise dispose of the motion prior
to the scheduled hearing date.
(g)
Obligation to Provide Payment History. If a motion seeking relief from the automatic stay
includes as a ground for relief the failure to make post-petition payments, then at least
seven (7) days prior to the hearing, the movant must file and serve upon the debtor’s
attorney (or the debtor, if pro se) a payment history.
(h)
Discovery Related to Motions for Relief. A party to a motion for relief may take deposition
testimony of any party or witness and may request the production of documents or things
and inspection of land, upon actual delivery of at least fourteen (14) days’ notice, and the
minimum time requirements of Bankruptcy Rules 7030 and 7034 shall not apply. If a party
files a motion to shorten time to respond to any discovery requests made under this Rule,
the motion shall contain conspicuous notice that the objection deadline is seven (7) days
from the filing of the motion. In extraordinary circumstances, the Court, upon motion of a
party but without notice or hearing, may authorize the use of interrogatories or other
discovery procedures, and it may shorten the notice requirements of any applicable rule.
(i)
Rent Deposit and Transmittal Procedure Under 11 U.S.C. § 362(l). Any deposit of rent
made by or on behalf of the debtor, pursuant to § 362(l)(1)(B), shall be made in the form
of a certified check or money order payable to the order of the lessor, and it shall be
delivered to the Clerk upon the filing of the petition. The Clerk shall promptly transmit the
rent deposit to the lessor, by certified mail, return receipt requested, to the address listed
on the petition.
RULE 4001–2
(a)
Cash Collateral
Motions. Except as provided herein and elsewhere in these Local Bankruptcy Rules, all
cash collateral requests under 11 U.S.C. § 363 shall be heard by motion filed under
Bankruptcy Rules 2002, 4001, and 9014.
Page 24
(1)
(2)
Required Content. In addition to the requirements of Bankruptcy Rule 4001, unless
the Court orders otherwise, a motion for authorization to use cash collateral shall
set forth, if applicable:
(i)
if there is an insider relationship between the debtor and the creditor whose
cash collateral is to be used, the nature of the relationship;
(ii)
the nature or source of the cash collateral;
(iii)
a cash flow projection for the period for which authorization is sought that
includes both projected revenue and a line-item proposed budget for the use
of the funds;
(iv)
disclosure of a request for approval (interim or final) of any of the following
(which will require an extraordinary showing in an interim or emergency
order):
(A)
cross-collateralization;
(B)
roll ups (including (i) provisions deeming prepetition debt to be
postpetition debt; and (ii) provisions requiring the proceeds of
postpetition loans to be used to repay prepetition debt);
(C)
liens on avoidance actions or proceeds of avoidance actions;
(D)
default provisions and remedies (including (i) provisions
terminating the automatic stay without further order, (ii) provisions
waiving rights to challenge lenders’ ability to exercise post-default
remedies; and (iii) provisions limiting required proof or altering the
burden of proof at post-default hearings);
(E)
releases of claim against lender or others;
(F)
limitations on the use of cash collateral other than general “carveouts” to pay approved fees and expenses of advisors to official
committees or future trustees;
(G)
priming liens; and
(H)
any provision that limits the ability of estate fiduciaries to fulfill
their duties under the Bankruptcy Code and applicable law.
(v)
an estimated amount the debtor owes to creditors claiming an interest in
cash collateral as of the date the petition was filed, including, if known, any
accrued unpaid interest, costs or fees as provided in any pre-petition
agreements; and
(vi)
a description of the collateral pledged to secure the claims of creditors
claiming an interest in cash collateral.
Interim Relief.
(i)
When a cash collateral motion is filed with the Court on or shortly after the
petition date, the Court may grant interim relief pending review by
interested parties of such debtor-in-possession financing arrangement. Such
Page 25
interim relief shall be only what is necessary to avoid immediate and
irreparable harm to the estate pending a final hearing.
(ii)
A cash collateral order that contains a release of claims against lenders and
other third parties by the debtors shall provide that an official committee of
unsecured creditors has at least sixty (60) days from the date of the
committee’s formation to investigate claims against the lenders and
challenge the extent and validity of any liens or the appropriateness of such
release.
(b)
Filing of Notice of Hearing with Motion. Unless filed with a motion to shorten notice and
expedite hearing, the moving party must file and serve with the motion, with at least
twenty-one (21) days’ notice, a notice of the motion and notice of hearing (which complies
with this Rule and Local Bankruptcy Rule 9013–1).
(c)
Service of Motion. The moving party shall serve a copy of the motion upon the debtor and
if applicable, upon:
(d)
(1)
debtor’s attorney;
(2)
any duly appointed trustee;
(3)
any official committee appointed in the case or its authorized representative;
(4)
if a chapter 11 case, any additional creditors if required by Bankruptcy Rule
4001(b)(1)(C); and
(5)
any other party in interest as directed by the Court.
Obtaining a Hearing Date. Prior to filing a motion under this Local Bankruptcy Rule, the
moving party shall consult the Court’s website to obtain a date and time for the hearing
from the dates that are available or contact the Courtroom Deputy.
RULE 4001–3
(a)
Obtaining Credit
Motions. Except as provided herein and elsewhere in these Local Bankruptcy Rules, all
financing requests under 11 U.S.C. § 364 shall be heard by motion filed under Bankruptcy
Rules 2002, 4001, and 9014.
(1)
Required Content. In addition to the requirements of Bankruptcy Rule 4001(c),
unless the Court orders otherwise, a financing motion shall set forth, if applicable:
(i)
the essential terms of the proposed credit including the amount, the interest
rate, the lender’s identity, the collateral pledged therefor, the repayment
terms, the costs therefor, and the proposed use of the proceeds;
(ii)
the nature or source of the financing;
(iii)
if there is an insider relationship between the debtor and the proposed
lender, the nature of the relationship;
(iv)
provisions that grant a secured creditor any relief from the automatic stay,
whether it be terminating, modifying, or conditioning the stay, without
further order of the Court;
Page 26
(v)
(2)
disclosure of a request for approval (interim or final) of any of the following
(which will require an extraordinary showing in an interim or emergency
order):
(A)
cross-collateralization;
(B)
roll ups (including (i) provisions deeming prepetition debt to be
postpetition debt; and (ii) provisions requiring the proceeds of
postpetition loans to be used to repay prepetition debt);
(C)
liens on avoidance actions or proceeds of avoidance actions;
(D)
default provisions and remedies (including (i) provisions
terminating the automatic stay without further order, (ii) provisions
waiving rights to challenge lenders’ ability to exercise post-default
remedies; and (iii) provisions limiting required proof or altering the
burden of proof at post-default hearings);
(E)
releases of claim against lender or others;
(F)
limitations on the use of the financing other than general “carveouts” to pay approved fees and expenses of advisors to official
committees or future trustees;
(G)
priming liens; and
(H)
any provision that limits the ability of estate fiduciaries to fulfill
their duties under the Bankruptcy Code and applicable law.
Interim Relief.
(i)
When a financing motion is filed with the Court on or shortly after the
petition date, the Court may grant interim relief pending review by
interested parties of such debtor-in-possession financing arrangement. Such
interim relief shall be only what is necessary to avoid immediate and
irreparable harm to the estate pending a final hearing.
(ii)
A financing order that contains a release of claims against lenders and other
third parties by the debtors shall provide that an official committee of
unsecured creditors has at least sixty (60) days from the date of the
committee’s formation to investigate claims against the lenders and
challenge the extent and validity of any liens or the appropriateness of such
release.
(b)
Filing of Notice of Hearing with Motion. Unless filed with a motion to shorten notice and
expedite hearing, the moving party must file and serve with the motion, with at least
twenty-one (21) days’ notice, a notice of the motion and notice of hearing (which complies
with this Rule and Local Bankruptcy Rule 9013–1).
(c)
Service of Motion. The moving party shall serve a copy of the motion upon the debtor and
if applicable, upon:
(1)
debtor’s attorney;
(2)
any duly appointed trustee;
Page 27
(d)
(3)
any official committee appointed in the case or its authorized representative;
(4)
if a chapter 11 case, any additional creditors if required by Bankruptcy Rule
4001(c)(1)(C); and
(5)
any other party in interest as directed by the Court.
Obtaining a Hearing Date. Prior to filing a motion for relief from the stay, the moving party
must consult the Court’s website to obtain a date and time for the hearing from the dates
that are available or contact the Courtroom Deputy.
RULE 4001–4
Post-Petition Payment Notices, Account Access, & Electronic
Payments
Unless otherwise required by the Bankruptcy Code, the Bankruptcy Rules, or any other applicable
law, creditors and lessors may, but are not required to, continue to provide customary notices,
including, but not limited to, monthly statements, payment coupons, and escrow adjustment
analyses to debtors regarding post-petition account activity. Further, to the extent available,
creditors and lessors may, but are not required to, allow debtors to access, obtain information, and
make post-petition payments through electronic, telephonic and/or online means. The creditor’s or
lessor’s actions outlined in this Local Bankruptcy Rule shall not be considered a violation of the
automatic stay.
RULE 4001–7
Postpetition Applications to Modify Loan
A debtor may submit an application for a loan modification to a creditor postpetition, and a creditor
may consider such application postpetition, without first obtaining relief from the automatic stay.
The documents, correspondence, and other communication between the debtor and the creditor
regarding a postpetition application for a loan modification are subject to Local Bankruptcy Rule
4001–4.
RULE 4002–1
Debtor’s Duties
A debtor shall maintain a statement of the debtor’s current address, telephone number, and email
address (if applicable) with the Clerk. This obligation continues until the debtor’s case is closed.
RULE 4003–2
Lien Avoidance
Except as provided in Local Bankruptcy Rule 3015–1, all motions filed under Bankruptcy Rule
4003(d) are contested matters and are governed by 11 U.S.C. § 522(f), Bankruptcy Rule 9014, and
these Local Bankruptcy Rules. A motion under this Local Bankruptcy Rule filed with the Court
shall include or be accompanied by a conspicuous notice of the motion, provide no less than
twenty-one (21) days’ notice of the time for filing objections, and comply with Local Bankruptcy
Rule 9013–1. If no response to a motion for lien avoidance is filed within twenty-one (21) days
after service of the motion, relief may be granted without a hearing.
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RULE 4004–1
(a)
(b)
Granting or Denying a Discharge
Chapter 12 and 13.
(1)
Certification of Compliance with § 1328. The debtor shall file the “Debtor’s
Certification of Compliance with 11 U.S.C. § 1328” (Local Form 106) within sixty
(60) days of the date that the chapter 13 trustee files the notice of completion of
chapter 13 plan payments. The failure to timely file this certification may result in
the case being closed without the entry of a discharge order.
(2)
Discharge Hearing. As soon as practicable after the filing of the Debtor’s
Certification of Compliance with 11 U.S.C. § 1328, the Court shall send a notice to
all creditors and other parties in interest, giving them thirty (30) days to dispute the
chapter 13 trustee’s report of completion of chapter 13 plan payments or the
debtor’s Certification of Compliance and request a hearing on the same. If no
request for a hearing is received during this 30-day period, the Court may grant a
discharge without further notice or hearing.
(3)
Chapter 12. A debtor under chapter 12 shall follow the same procedures as set forth
in subparts (1) and (2), except that all references to 11 U.S.C. § 1328 shall instead
refer to 11 U.S.C. § 1228 and references to the chapter 13 plan and trustee refer to
the chapter 12 plan and chapter 12 trustee. The debtor may utilize Local Form 106
modified to refer to 11 U.S.C. § 1228.
Chapter 11. In a chapter 11 case in which the debtor is an individual, the debtor shall file a
motion for entry of discharge showing that the debtor is entitled to a discharge under 11
U.S.C. § 1141(d)(5). A motion under this Local Bankruptcy Rule filed with the Court shall
include or be accompanied by a conspicuous notice of the motion, shall provide no less
than fourteen (14) days’ notice of the time for filing objections, and comply with Local
Bankruptcy Rule 9013–1.
RULE 5001–2
Clerk—Office Location/Hours
Public Hours. The Clerk’s Office is located at 333 Constitution Avenue N.W., Room 1225,
Washington, D.C. 20001, (202) 354–3280. Unless otherwise ordered by the Court, the office of
the Clerk shall be open to the public from 9:00 a.m. to 4:00 p.m. Eastern time, Monday through
Friday, except federal holidays and holidays recognized by the U.S. District Court (which may
include state holidays). The Third Street lobby where the Court’s after hours drop box is located
is open twenty-four (24) hours a day, seven (7) days a week.
RULE 5001–3
Emergency Conditions—Court Operations & Hearings
Absent specific order otherwise, the Bankruptcy Court will follow all emergency, weather, and/or
other closures of the District Court for the District of Columbia.
RULE 5003–1
Records to Be Kept by the Clerk
The Clerk is authorized, in the exercise of the Clerk’s discretion and in furtherance of its
administrative duties, to prepare, sign, and enter, on behalf of the Court, any order authorized by
the Court, including but not limited to:
Page 29
(a)
All orders and notices for meetings of creditors, pursuant to Bankruptcy Rule
2002(a).
(b)
An order to show cause for failure to comply with the Bankruptcy Rules and/or
these Local Bankruptcy Rules, and upon consultation with the Courtroom Deputy
to set the same for a hearing.
(c)
If a previously entered order is not complied with, to enter an order dismissing a
case.
(d)
If a filing is inaccurate, to issue a notice of deficient filing setting forth the requisite
time in which the deficiency must be cured and upon consultation with the
Courtroom Deputy, set the same for a hearing.
(e)
Restrict public access to documents containing unredacted personally identifiable
information as defined in Bankruptcy Rule 9037(a) prior to the filing of a motion
requesting the same under Bankruptcy Rule 9037(h) unless Bankruptcy Rule
9037(g) applies.
(f)
Issue orders granting or denying, as appropriate, applications to pay a filing fee in
installments.
(g)
To sign an order granting a discharge under chapters 7, 11, 12, and 13.
(h)
Any and all other orders authorized by the Federal Rules of Bankruptcy Procedure,
the Federal Rules of Civil Procedure, any Federal statute, these Local Bankruptcy
Rules, or by direction of the Court.
RULE 5005–1
(a)
(b)
Filing Papers and Sending Copies to the United States Trustee
Proponent to be Member of Bar. Any attorney offering a petition, pleading, or other
document, other than a request for notices under Bankruptcy Rule 2002(g), for filing on
behalf of a client shall:
(1)
be a member of or have a pending application for admission to the Bar of this Court;
(2)
have complied with Local Bankruptcy Rule 2090–1(b);
(3)
can appear pursuant to Local Bankruptcy Rule 2090–1(d) as attorneys employed
by Federal, State, or Local governments; or
(4)
can appear pursuant to Local Bankruptcy Rule 2090–1(e) as attorneys representing
indigent parties.
Pro se Parties. A party without legal representation (a pro se party) shall file all pleadings
and other papers in hard copy and not electronically, unless specifically authorized by the
Court. All documents, including attachments and exhibits, shall be filed on letter size paper
(8 ½ by 11 inches) with no less than 1-inch margins on all sides, be plainly and legibly
typewritten, printed, or reproduced, be on one side of the paper only, and contain the
pro se party’s name, address, telephone number, and email address. Documents not filed
in compliance with this Local Bankruptcy Rule may result in a deficiency notice to the
pro se filer and be struck from the Court’s docket if not timely cured.
Page 30
(c)
Attorney Identifiers. On the first page of all pleadings filed in cases in this Court, if the
filing is made by a represented party, the attorney representing the party shall include (in
either the footer or header of the first page) their name, bar number, office address, email
address, telephone number, and whom the attorney represents. If an entity is represented
by an attorney, any paper signed by the attorney must include the name, office address,
email address, and telephone number of the attorney. For each attorney listed on the paper
as representing the entity, the attorney’s D.C. Bar identification number must be listed if
the attorney is a member of the D.C. Bar regardless of whether the attorney signs the paper.
(d)
Filing Documents Under Seal. A motion to seal and/or a sealed document may be filed
with the Court as:
(e)
(f)
(1)
an unsealed motion and a sealed document; or
(2)
a sealed motion accompanied by the sealed document; or
(3)
a sealed document being filed pursuant to a prior Court order authorizing the
document to be filed as sealed.
(4)
If filed in hard copy, a copy of the order authorizing sealing must also accompany
the sealed document (unless the authorizing order is sealed). Paper filings of sealed
materials shall be made in the Clerk’s Office during the business hours of 9:00 a.m.
to 4:00 p.m. Eastern time daily except Saturdays, Sundays, and legal holidays.
Sealed materials shall not be filed using the drop box at the Third Street entrance
to the Courthouse.
After Hours Filing Using Drop Box. Unless the document is being filed under seal (or seeks
to be filed under seal), a document that is authorized to be filed in paper form may be filed
when the Clerk’s Office is closed by using the Bankruptcy Court’s drop box at the Third
Street entrance to the Courthouse (which entrance is open twenty-four (24) hours a day,
seven (7) days a week), subject to the following provisions:
(1)
the document shall be time-stamped using the Bankruptcy Court’s time-stamp
machine that is next to the drop box;
(2)
the document shall be deposited in the overnight drop box in accordance with the
Clerk of the Bankruptcy Court’s instructions posted on the front of the drop box;
(3)
the document shall be presumed filed as of the date and time-stamped on document
(and the Clerk shall include a copy of that page showing a date and time-stamp as
part of the document as filed electronically in the Electronic Case Filing system);
(4)
in the absence of a date and timestamp on the document pursuant to paragraph (1)
above, the document shall be treated as filed when the Clerk retrieves the document
from the overnight drop box and marks the document as filed; and
(5)
any document filed with a date and timestamp indicating a date and time when the
Clerk’s Office was open shall be treated under paragraph 4 herein as if it did not
have a date and timestamp.
Place of Filing. Unless otherwise directed by the Court, all papers to be filed or received
conventionally by the Court shall be delivered to the Clerk’s Office, and not to the judge’s
chambers.
Page 31
RULE 5005–4
Electronic Filing
(a)
The Court shall accept for filing documents submitted, signed, or verified by electronic
means that comply with the Electronic Case Filing Procedures established by the Court
(attached as Appendix D) (the “ECF Procedures”), as published on the Court’s website.
Unless the Court orders otherwise, an attorney filing a document on behalf of a client shall
file the document electronically in compliance with the ECF Procedures. The ECF
Procedures govern if there is a conflict between the ECF Procedures and these Local
Bankruptcy Rules as to the technicalities of electronic case filing.
(b)
Technical Failure. A registered NextGen CM/ECF User whose filing is made untimely due
to a NextGen CM/ECF system technical failure, may seek appropriate relief from the Court
as provided for in the ECF Procedures.
(c)
Docketing by the Court. Each order, decree, judgment, notice, and other document filed
electronically by the Clerk on the Court’s electronic docket that bears a representation of
signing by the judge, or by the Clerk, has the same force and effect as if the judge or the
Clerk had signed a paper version of the document with an original signature. The Court
may issue orders as “text-only” entries on the docket, without an attached document. An
order or notice entered on the docket without an attached document is official and binding.
RULE 5011–1
Motion to Withdraw a Case or Proceeding or to Abstain from Hearing
a Proceeding; Staying a Proceeding
A motion for withdrawal of reference is governed by DCt.LBR 5011–2 of the District Court. See
Appendix A. All briefing shall be governed by the rules of the District Court, including those rules
governing timing, unless otherwise ordered by the District Court.
RULE 5070–1
Calendars & Scheduling
(a)
Obtaining a Hearing Date for a Motion, Application, or Objection. A party may obtain a
hearing date on a motion, application, or objection, by selection of a date and time from
the Court’s website of an available date or by contacting the Courtroom Deputy for an
alternative date and time. If the parties reasonably expect a matter to take more than thirty
(30) minutes, the parties should not use the dates on the Court’s website and may instead
contact the Courtroom Deputy for a special date and time for the hearing. Notwithstanding
the foregoing, if a movant does not set a motion, application, or objection for hearing, the
(b)
Court may set a hearing on such motion, application, or objection on any other matter at
its discretion.
(c)
Form of Notice of Motion. The notice of the motion, application, or objection shall
substantially conform to Official Form B 420A and may be combined with the notice of
hearing and/or the notice of deadline to object. For clarity, a party may file a separate notice
of motion, notice of hearing, and/or notice of deadline to object, or a party may combine
the pleadings into one clearly titled document. It is the movant’s responsibility to comply
with proper noticing requirements, including serving any notice(s) sufficiently in advance
of a scheduled hearing date such that the deadline for filing an opposition expires prior to
the date of the hearing.
Page 32
RULE 5071–1
Continuances
(a)
Except as set forth in subsection (b), hearings shall not be continued by the mere agreement
of attorneys. Prior to filing a motion for continuance, the parties may contact the Courtroom
Deputy and request that the hearing be continued with the consent of the Court. Any written
motion for continuance must be approved by the Court after notice to all attorneys. The
Court will not grant a continuance other than for good cause shown and upon such terms
as the Court may impose. All requests for continuance must be submitted no later than
4:00 p.m. Eastern time the day prior to the scheduled hearing.
(b)
The following hearings may be continued with the consent of the movant, any objecting
party, and the applicable trustee, no later than 4:00 p.m. Eastern time the day prior to the
hearing by filing a written notice of the agreed continued hearing date or contacting the
Courtroom Deputy:
(1)
a motion for relief from the automatic stay;
(2)
a hearing on confirmation of a chapter 13 plan;
(3)
a chapter 13 trustee’s motion to dismiss; and
(4)
a scheduling conference or pretrial conference in an adversary proceeding or
contested matter.
RULE 5073–1
Photography, Devices, & Broadcasting
(a)
The taking of photographs and operation of recording devices inside the United States
Courthouse and radio or television broadcasting from inside the Courthouse during the
progress of or in connection with judicial proceedings, whether or not Court is actually in
session, are prohibited. However, a judge may permit (1) the use of electronic or
photographic means for the presentation of evidence or the perpetuation of a record, (2) the
broadcasting, televising, recording, or photographing of ceremonial or naturalization
proceedings, and (3) the videotaping or audio taping of educational programs with prior
approval of the Court. The use of the above equipment is permissible within a judge’s
chambers at the discretion of the judge. Contents of official tapes that are made as part of
the record in a case shall be treated in the same manner as official stenographic notes.
(b)
Electronic Devices. A party is permitted to bring electronic devices into the Courthouse,
subject to any restrictions placed by the District Court, Circuit Court of Appeals, or United
States Marshal Service. However, all devices must always be turned off or otherwise
silenced in the Courtroom. In the event a device is not silenced, the Court has the discretion
to confiscate the device, fine the party, and/or prohibit any party from having their device
in the Courtroom, as appropriate.
RULE 5077–1
Transcripts
(a)
Obtaining a Transcript. All official transcripts of a Court hearing must be ordered from the
Court’s transcription service if recorded electronically, or from the Court Reporter as
identified on the docket.
(b)
Copies of Transcripts Available to Public. Subject to any applicable Judicial Conference
policy limiting electronic access to transcripts, the Clerk shall provide copies of any filed
Page 33
transcript to the public upon request and the payment of prescribed copy fees, unless the
Court orders that copies of the transcript not be made or that the transcript be sealed.
(c)
Payment for Transcripts. The obligation to pay the reporter or transcriber for any and all
transcripts shall be the joint and several personal obligations of the attorney and the party
for whose benefit the transcript was obtained to the extent so ordered. Any charges for a
transcript shall be payable upon the completion of the transcript or any segment thereof
when a proper bill for same has been submitted by the reporter or transcriber.
RULE 6004–1
(a)
(b)
Use, Sale, or Lease of Property
Content of Motion or Notice. All motions of proposed use, sale, or lease of property not in
the ordinary course of business filed under 11 U.S.C. § 363 (a “Sale Motion”) and all
notices of a proposed use, sale, or lease of property under 11 U.S.C. § 363(a) shall contain
the following (the “Sale Terms”), as applicable:
(1)
a description of the property to be sold;
(2)
if relied upon by movant, a valuation of the asset proposed to be sold and the basis
thereof (i.e., appraisal, brokers price opinion, schedules, comparable market
analysis);
(3)
the proposed purchaser’s identity;
(4)
the relationship, if any, between the proposed purchaser and the debtor, the trustee,
or any other parties in interest;
(5)
the terms and conditions of the proposed sale, including the price and all
contingencies;
(6)
whether the proposed sale is free and clear of liens, claims or interests, or subject
to them, and a description of all such liens, claims, or interests;
(7)
whether the proposed sale is subject to higher and better bids including whether the
debtor intends to seek approval of auction procedures;
(8)
a brief description of any and all marketing efforts related to the asset proposed to
be sold;
(9)
a statement of all consideration to be received by the estate, including payment
terms;
(10)
a list of any estimated fees, other costs of sale, and administrative and professional
fees incurred in connection with the proposed sale;
(11)
if authorization is sought to pay a commission, the identity of the auctioneer,
broker, or sales agent and the amount or percentage of the proposed commission to
be paid; and
(12)
a description of the estimated or possible tax consequences to the estate, if known,
and how any tax liability generated by the sale of the property will be paid.
Notice. A Sale Motion shall be accompanied by a notice of opportunity to object and/or
hearing (the “Notice of Sale Motion”). If a copy of a Sale Motion is not served on all
creditors and parties in interest with the Notice of Sale Motion, then the Notice of Sale
Page 34
Motion shall contain the Sale Terms in addition to the requirements of Local Bankruptcy
Rule 9013–1.
(c)
Requests for Waiver of Bankruptcy Rule 6004(h) 14-Day Stay. Any motion seeking a
waiver of the 14-day stay under Bankruptcy Rule 6004(h) shall state with specificity the
grounds for the relief sought.
(d)
Report of Sale. Unless otherwise ordered by the Court, the report of sale required by
Bankruptcy Rule 6004(f)(1) shall be filed and served no later than twenty-one (21) days
after the date of the sale of any property not in the ordinary course of business.
RULE 6004–2
Sale of Estate Property by Chapter 13 Debtor After Confirmation
(a)
Sale of property free and clear of liens and interests of persons other than the debtor. A
debtor seeking to sell property of the estate free and clear of liens and interests of parties
other than the debtor outside of the ordinary course of business of the debtor following
confirmation of a chapter 13 plan shall be brought by motion. The motion shall clearly state
the liens and interests on the property. The debtor shall provide the chapter 13 trustee, all
creditors, and parties in interest at least twenty-one (21) days’ notice of the motion seeking
such approval, unless the notice period has been shortened by the Court for cause shown.
If no objection is timely filed, the Court may enter an order endorsed by the chapter 13
trustee approving the sale or refinancing without holding a hearing.
(b)
Sale of property free and clear of liens and interests of only the debtor. A debtor seeking
to sell property of the estate free and clear of liens and interests of only the debtor outside
of the ordinary course of business of the debtor following confirmation of a chapter 13 plan
may file a notice of private sale in lieu of a motion filed under section (a). The notice shall
clearly state the liens and interests on the property. The debtor shall provide the chapter 13
trustee, all creditors, and parties in interest at least twenty-one (21) days’ notice, unless the
notice period has been shortened by the Court for cause shown. If no timely written
objection is filed, the sale shall be deemed authorized upon expiration of the notice period.
(c)
In addition to setting forth the information required by Bankruptcy Rule 2002(c)(1), the
motion or notice filed pursuant to subsections (a) and (b) of this Rule shall state:
(1)
the total proposed sale price or maximum amount to be secured by the refinancing,
as applicable, and, in the case of refinancing, the amount of existing secured debt
to be paid thereby;
(2)
the amount of the sale or loan proceeds to be applied to the debtor’s obligations
under the confirmed plan;
(3)
whether such payment will result in full payment of all allowed claims; and
(4)
if all allowed claims will not be paid in full, the amount of the sale or loan proceeds
that will be paid to the debtor.
RULE 6004–3
(a)
Mortgage Loan Modification by Chapter 13 Debtor
Mortgage Modification Program. The Mortgage Modification Program (“MMP”) is hereby
adopted and shall be implemented by the Mortgage Modification Program Procedures
(“MMP Procedures”) attached hereto as Appendix E and Forms MMP–01 through MMP–
Page 35
12 that will be posted on the Court’s website. The MMP is available for all qualified open
and active individual/joint chapter 11, 12, and 13 debtors. The compensation and costs
allowed for participants in the MMP shall be set forth in the MMP Procedures and may be
amended from time to time as provided in Local Bankruptcy Rule 2016–5(A)(2). In
accordance with the MMP Procedures, any attorney’s fees or costs required to be paid by
the debtor(s) for participation in the MMP shall be paid by the chapter 12 or 13 trustee
pursuant to the treatment set forth in a confirmed chapter 12 or 13 plan. Notwithstanding
the foregoing, participation in the MMP shall be voluntary by both chapter 11, 12, or 13
debtors and creditors. Chapter 11, 12, or 13 debtors may seek to modify their mortgage
outside of the MMP, as set forth in subsection (b) of this Local Bankruptcy Rule.
(b)
Non-MMP Mortgage Modification. A party electing not to proceed in the MMP shall
follow the rules as set forth in this subsection. Unless provided in a Consent Order
resolving a Motion for Relief from Stay, a debtor must seek Court approval of a loan
modification relating to a mortgage (which includes a deed of trust) on real property to be
made prior to completion of plan payments (a “Non-MMP Motion”).
(1)
Notice. A party filing a Non-MMP Motion shall provide the chapter 13 trustee and
any creditor who has filed a request for all notices in the case at least twenty-one
(21) days’ notice of the Non-MMP Motion unless the notice period has been
shortened or enlarged by the Court for cause shown.
(2)
Contents of Motion or Notice. The Non-MMP Motion shall be accompanied by a
notice of opportunity to object and/or hearing (the “Non-MMP Notice”) and a copy
of a partially executed or fully executed modification agreement. If a copy of the
Non-MMP Motion is not served with the Non-MMP Notice, then the Non-MMP
Notice shall contain the following terms in addition to the requirements of Local
Bankruptcy Rule 9013–1(c):
(i)
all terms of the modification including the term, principal, interest rate, and
any future payment changes or balloon payments that will occur during the
term of the chapter 13 plan;
(ii)
the current mortgage payment and the new payment after the loan
modification;
(iii)
if the modification results in a higher monthly payment, the source of the
funds to be used to make that payment; and
(iv)
if the modification results in a lower monthly payment, whether the debtor
intends to increase the amount of his plan payments.
(3)
If an opposition is not timely filed, the Court, in its discretion, may enter an order
conditionally approving a Non-MMP Motion if only a partially executed agreement
is filed, or finally approving a Non-MMP Motion if a fully executed agreement is
filed.
(4)
An additional no-look attorney’s fee is not authorized for Non-MMP efforts unless
an application is filed under Local Bankruptcy Rule 2016–2(A)(4)(i).
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RULE 6006–1
Assuming, Rejecting, or Assigning an Executory Contract or
Unexpired Lease
(a)
Notice. In addition to the parties required by Bankruptcy Rule 6006(c), a notice of a motion
under Bankruptcy Rule 6006(a) or (b) shall: (1) comply with Local Bankruptcy Rule
9013–1; and (2) be served on the debtor or the debtor’s attorney, any appointed trustee, any
appointed official committee, the United States Trustee, the District of Columbia, any party
requesting notice under Bankruptcy Rule 2002(g), and any tenants of an unexpired lease.
(b)
Motion to Assume Unexpired Lease of Nonresidential Real Property. If a party files a
motion to assume or to extend the time to assume or reject an unexpired lease of
nonresidential real property, and the motion is filed prior to the expiration of the time to
assume or reject the unexpired lease, the time shall be automatically extended until the
Court acts on the motion, without the necessity for the entry of a bridge order, except that
the time shall not be extended beyond the date that is 210 days after the entry of the order
for relief without the prior written consent of the landlord.
RULE 6007–1
Abandoning or Disposing of Property
(a)
Abandonment of Property of the Estate at Meeting of Creditors. In the notice of meeting
of creditors, the Clerk shall give notice that the trustee may, at the meeting of creditors,
give notice of intention to abandon property of the estate that is burdensome or of
inconsequential value to the estate. The notice shall also state that within fourteen (14) days
after the meeting of creditors, parties in interest who object to such abandonment may state
their oral objections at the meeting of creditors, obtain a hearing date from the Court,
transmit notice of a hearing on their objection, and file such notice with proof of service
with the Court.
(b)
Notice of Abandonment. A notice of a proposed abandonment given pursuant to
Bankruptcy Rule 6007(a) shall describe the property to be abandoned with specificity. If
an objection to a notice of a proposed abandonment of property of the estate is not timely
filed under Bankruptcy Rule 6007(a), the property shall be deemed abandoned without the
necessity of court order. However, after expiration of the applicable notice period and if no
objection is timely filed, a party may submit a proposed order confirming that the property
was abandoned to the Court for consideration pursuant to Local Bankruptcy Rule 9072–1.
(c)
Order of Court Directing Abandonment. A motion requesting the Court to order the trustee
to abandon any property of the estate under Bankruptcy Rule 6007(b) shall describe the
property to be abandoned with specificity and include an appropriate notice under Local
Bankruptcy Rule 9013–1(c).
RULE 7003–1
Commencing an Adversary Proceeding
A party who is not represented by an authorized filing user of the electronic case filing system
shall file with the complaint a properly completed adversary proceeding cover sheet in substantial
compliance with the applicable form promulgated by the Administrative Office of the United
States Courts. The Clerk shall provide such forms to the public upon request.
Page 37
RULE 7004–2
Summons
(a)
Issuance. The Clerk shall issue to the plaintiff for service a summons for each party as
identified by the plaintiff.
(b)
Time Limit for Service. If a summons is not timely delivered or mailed within seven (7)
days following issuance of the summons, the party responsible for the original service must
contact the Clerk’s office to request issuance of a new summons.
RULE 7007–1
Motions to Expedite Turnover of Motor Vehicles
In an adversary proceeding to recover a motor vehicle under 11 U.S.C. § 542, the plaintiff may
file a motion for expedited turnover of the motor vehicle, provided that the motion complies with
Local Bankruptcy Rule 9013–2 and the following additional conditions are satisfied:
(a)
The motion specifically identifies the motor vehicle, the legal authority supporting the
requested turnover, and the justification for the requested expedited relief (including any
adequate protection offered to the defendant by the plaintiff);
(b)
The plaintiff files an affidavit (or an unsworn declaration in accordance with 28 U.S.C.
§ 1746) supporting the requested turnover of the motor vehicle; and
(c)
The plaintiff files a certificate with the motion stating that the plaintiff conferred with the
defendant and made a good faith effort to resolve the requested relief consensually prior to
the filing of the motion.
RULE 7007.1–1
Corporate Ownership Statement
Any corporate party required to make disclosures under Bankruptcy Rule 7007.1(a) shall file a
single such statement via NextGen CM/ECF. The statement shall provide an address for each entity
listed. A party shall file the statement with its initial pleading filed in the Court and shall promptly
supplement the statement upon any change in the information.
RULE 7012–1
Final Orders and Judgments
As required by Bankruptcy Rules 7008 and 7012(b), all parties in adversary proceedings shall
include in their initial substantive filing a statement as to whether the party consents to entry of
final orders and/or judgments by the bankruptcy judge. If a party fails to include the required
statement in their initial substantive filing or by some other deadline as set by the Court, such party
is deemed to have consented to entry of final orders or judgments by the bankruptcy judge.
RULE 7012–2
Extension of Time to Plead or File Motion
The deadline to plead or move in response to a pleading (as the term pleading is defined by
Bankruptcy Rule 7007) in an adversary proceeding may be extended for a period of up to thirty
(30) days by stipulation of the parties docketed with the Court or, for a longer period of time, by
order of the Court. Any deadline extended pursuant to this section shall not affect any other
deadlines set forth in any scheduling order entered by the Court.
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RULE 7015–1
Amended and Supplemental Pleadings
(a)
If a party has filed a motion to amend its pleading and leave has been granted by the Court,
the amended pleading must be separately filed on the docket and served on all other parties
to the adversary proceeding.
(b)
Unless otherwise ordered by the Court, the party filing an amended pleading in an
adversary proceeding shall file and serve (1) a clean copy of the amended pleading; and
(2) a copy of the amended pleading in redline form, i.e., in which stricken material has
been lined through or enclosed in brackets and new material has been underlined or set
forth in bold face type.
RULE 7016–1
Pretrial Procedures
(a)
In all adversary proceedings, as promptly as possible after suit has been filed, the Court
shall schedule an initial pretrial conference at which the trial attorney shall be present for
the purposes of issuing a scheduling order fixing dates for: (1) the amendment of pleadings
and joinder of additional parties; (2) the completion of discovery; (3) the filing and hearing
of motions; and (4) a final pretrial conference and/or trial. If the parties submit a joint
scheduling order substantially conforming with Official Form 107 Scheduling Order no
later than 4:00 p.m. eastern time the day prior to the scheduled pretrial conference, the
pretrial conference will be canceled.
(b)
Continuance of Dates Set in Scheduling Order. The parties and their attorneys shall be
bound by the dates specified in a scheduling order and extensions or continuances thereof
shall not be granted in the absence of a showing of good cause. Mere failure on the part of
an attorney to proceed promptly with the normal processes of discovery shall not constitute
good cause for an extension or continuance.
RULE 7026–1
Duty to Disclose; General Provisions Governing Discovery
(a)
Discovery Request Limits. Unless the Court orders otherwise, a party may not serve on
any other party in a contested matter or an adversary proceeding more than twenty-five
(25) interrogatories, twenty-five (25) requests for admission, and twenty-five (25) requests
for production, including all parts and sub-parts.
(b)
Discovery Stayed Pending Resolution of Bankruptcy Rule 7012(b) Motion. The filing of a
motion pursuant to Bankruptcy Rule 7012(b) stays discovery unless the movant presents
matters outside the pleading.
(c)
Objections to be in Writing. All objections to interrogatories, depositions, requests, or
applications under Bankruptcy Rule 7026 through Bankruptcy Rule 7037, as well as all
motions and replies thereto concerning discovery matters, shall be in writing. If time does
not permit the filing of a written motion, the Court may waive this requirement.
(d)
Objections to Discovery Process. An objection to any interrogatory, deposition, request, or
application under Bankruptcy Rule 7026 through Bankruptcy Rule 7037, shall be specific
and the reasons for the objection shall be stated. Any such objection shall not extend the
time within which the objecting party must otherwise answer or respond to any discovery
matter not specifically objected to.
Page 39
(e)
Discovery Motions.
(1)
Motions to Compel Discovery. A motion to compel shall include (i) the date and
time of the discovery conference, the names of all persons participating therein, and
any issues remaining to be resolved; or (ii) the date of the moving party’s attempts
to hold such a conference without success. A motion to compel answers or
responses shall specifically identify and quote each interrogatory or request in full
immediately preceding the existing answer, response, or objection thereto, if any.
(2)
Other Discovery Motions. A motion for a protective order pursuant to Bankruptcy
Rule 7026 or a motion for an order compelling disclosure or discovery pursuant to
Bankruptcy Rule 7037, or a motion to compel physical or mental examination
pursuant to Bankruptcy Rule 7035, shall state with particularity the grounds
therefor and shall set forth the relief or order sought.
(3)
Deadline for Response. Responses to discovery motions mentioned in this Local
Bankruptcy Rule shall be filed within fourteen (14) days after service of the motion
and shall comply with Local Bankruptcy Rule 9013–1, unless otherwise ordered by
the Court.
(4)
Notice and Hearing. A discovery motion under this Local Bankruptcy Rule filed
with the Court shall include or be accompanied by a conspicuous notice of the
motion, objection deadline, and hearing, and shall comply with Local Bankruptcy
Rule 9013–1.
(f)
Conference of Attorneys of Required. Attorneys are encouraged to participate in pretrial
discovery conferences in order to decrease, in every way possible, the filing of unnecessary
discovery motions. A motion concerning discovery matters shall not be filed until an
attorney has explored with the opposing attorney the possibility of resolving the discovery
matters in controversy.
(g)
Extensions. Depending upon the facts of the particular case, the Court in its discretion may,
upon appropriate written motion by a party, allow an extension of time in excess of the
time provided by the Federal Rules of Civil Procedure, these Local Bankruptcy Rules, or
previous Court order, within which to respond to or complete discovery or to reply to
discovery motions. Any agreement between attorneys relating to any extension of time is
of no force or effect; only the Court, after appropriate motion directed thereto, may grant
an extension of time.
(h)
Filing With Court. Unless otherwise permitted by the Court, on its own initiative or for
good cause shown by motion, discovery materials, depositions upon oral examination and
upon written questions, interrogatories, requests for documents, requests for admission and
answers and responses or objections to such discovery requests shall not be filed with the
pleadings or papers in any case or proceeding. When specific discovery material
appropriately may support or oppose a motion, the specific discovery material in question
shall be appended as an exhibit to the motion, or in response thereto, without having been
previously filed. Discovery material otherwise permitted to be used at trial may be properly
so used, if otherwise admissible, without having been previously filed.
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RULE 7030–1
Depositions by Oral Examination
(a)
Service of a notice of deposition seven (7) days in advance of the date set for taking the
deposition shall constitute “reasonable notice” to a party as required by Federal Rule of
Civil Procedure 30(b). Bankruptcy Rule 9006 governs the computation of time under this
Rule. The Court may enlarge or shorten the time on application of a party for good cause
shown. Nothing in this Rule modifies the provision in Federal Rule of Civil Procedure
32(a), prohibiting the use of depositions against certain parties who with due diligence are
unable to obtain an attorney to represent them, or against parties with less than fourteen
(14) days’ notice who file a motion for protective order. Before scheduling a deposition,
an attorney or a pro se party shall first attempt to confer with the opposing attorney or pro
se party about a mutually convenient date and time; however, if no response is received
within three (3) business days, this requirement shall be deemed satisfied.
(b)
Discovery disputes that cannot be resolved between the parties should ordinarily be
submitted by written motion. However, if a dispute arises during an oral deposition, a party
may contact the Courtroom Deputy during the deposition and request a telephonic hearing
with the Court.
RULE 7041–1
Dismissing Adversary Proceedings
A complaint objecting to the discharge of the debtor shall be dismissed at the plaintiff’s request
only by motion (and not by stipulation or notice): (a) detailing the conditions of dismissal,
including any consideration promised to the plaintiff; (b) served upon all creditors and parties in
interest in the bankruptcy case, and the Office of the United States Trustee; and (c) providing
twenty-one (21) days’ opportunity to object.
RULE 7054–1
Judgments; Costs
A party entitled to an allowance of costs in an adversary proceeding shall file a bill of costs within
twenty-one (21) days after the entry of the judgment, order, or decree.
RULE 7054–2
Attorney’s Fees and Nontaxable Expenses
Unless a longer period is fixed by statute or by the Court, any motion by a prevailing party for an
award of attorney’s fees and expenses not taxable as costs must be filed within twenty-one (21)
days after the entry of a judgment or order.
RULE 7055–1
Default; Default Judgment
(a)
Entry of Default. To have the Clerk enter a default in an adversary proceeding or a
contested matter pursuant to Federal Rule of Civil Procedure, as incorporated by
Bankruptcy Rule 7055 and Bankruptcy Rule 9014, the party seeking default shall file with
the Clerk a motion setting forth (1) the name of the party against whom default is sought
and (2) a statement that no answer or motion has been filed within the time limit fixed by
Bankruptcy Rule 7012(a) or the Court.
(b)
Requirements for Default Motion. In addition to the requirements of Bankruptcy Rule
7055(b), all motions for default judgment shall recite whether the opponent has appeared,
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either informally or formally, and/or is a minor or incompetent person, and shall, in the
case of an individual, be accompanied by a non-conclusory affidavit complying with the
Service Member’s Civil Relief Act of 2003, 50 U.S.C. § 3931.
(c)
Notice and Hearing. A motion for default judgment may be filed ex parte unless the party
against whom the default judgment is sought has appeared personally or by a
representative. If a party has appeared personally or by a representative, or upon the option
of the moving party, a motion for default judgment shall be served at least seven (7) days
prior to the hearing; include or be accompanied by a conspicuous notice of the motion,
objection deadline, hearing; and comply with Local Bankruptcy Rule 9013–1(c).
(d)
Motions to Vacate Default. Upon the granting of a motion to vacate an entry of default, or
a judgment by default, or both, the movant shall have fourteen (14) days within which to
answer or otherwise respond to the complaint.
RULE 7056–1
Summary Judgment
Motions for summary judgment are governed by Local Bankruptcy Rule 9013–1. Where the nonmoving party is pro se, the notice of the motion shall conform substantially to Official Form B
420A and shall include the following additional language:
A motion for summary judgment is a request that one or more issues in a case be
decided without holding a trial. Motions for summary judgment are governed by
Rule 56, Federal Rules of Civil Procedure.
Summary judgment may be granted if (a) the material facts are not genuinely
disputed and (b) based on those facts, the party asking for summary judgment is
entitled to judgment as a matter of law. If you wish to oppose the motion, you must
file with the court and serve on the other party, a written response [at least 3 or 7
days prior to the hearing or a date set by any applicable scheduling order]. If you
fail to file a timely written response to the motion, the court may assume you
do not oppose the motion and may grant the motion without holding a hearing.
If you disagree with any of the facts stated by the other party, you must include
with your response sworn statements from yourself or other knowledgeable
witnesses supporting your version of the facts. A sworn statement may take the
form either of an affidavit or a declaration signed under penalty of perjury. Any
documents you want the court to consider should be identified in, and attached to,
the sworn statements. If you are unable to obtain sworn statements supporting your
position, you must file a sworn statement stating why you are unable to obtain such
statements at this time.
RULE 7062–1
Stay of Proceedings to Enforce a Judgment
The District of Columbia, or any political subdivision or any office or agent thereof, shall not be
required, unless otherwise ordered by the Court, to post a bond or other undertaking which includes
security for the payment of costs on appeal.
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RULE 7067–1
Deposit into Court
As a division of the District Court, and unless otherwise set forth in these Local Bankruptcy Rules
or by order of the Court, all deposits in the registry of the Court are subject to the provisions of
DCt.LCvR 67.1 (Court Registry Investment System) as though the reference to “Court” and
“Clerk” are to the Bankruptcy Court and its Clerk.
RULE 8001–1
Scope; Definition of “BAP”; Sending Documents Electronically
(a)
Appeals Generally. A notice of appeal shall be in conformity with Official Bankruptcy
Form B 417A and shall be accompanied by the prescribed filing fee.
(b)
Rules. The rules governing appeals to the District Court are included in Appendix A herein
and the DCt.LBRs.
RULE 8007–1
Stay Pending Appeal; Bond; Suspending Proceedings
Exemption From Appeal Bond. The District of Columbia, or any political subdivision or any office
or agent thereof, shall not be required, unless otherwise ordered by the Court, to post a bond or
other undertaking which includes security for the payment of costs on appeal.
RULE 8009–1
Record on Appeal; Sealed Documents
Copies of Record. The party filing a designation of items to be included in the record on appeal
shall file with the designation a complete and correct copy of all designated exhibits that were not
filed electronically.
RULE 9001–1
Definitions
Unless otherwise ordered by the Court, the definitions of words and phrases in Bankruptcy Rule
9001 and the definitions adopted referenced herein apply to the Local Bankruptcy Rules and orders
entered by the Court. In addition, the following words and phrases used in these Local Bankruptcy
Rules have the meaning indicated:
(a)
Bankruptcy Code means Title 11 of the United States Code.
(b)
Clerk means the Clerk of the Court, all members of the Clerk’s office, and any other Court
personnel authorized to act on behalf of the Clerk (including chambers staff authorized to
act on behalf of the Clerk in entering orders).
(c)
District Court means the United States District Court for the District of Columbia.
(d)
NextGen CM/ECF means the Case Management/Electronic Case Filing system for the
United States Bankruptcy Court for the District of Columbia. NextGen CM/ECF allows
case documents, such as pleadings, motions, and petitions to be filed with the Court online.
Any reference in these rules to an electronic filing system means the Court’s NextGen CM/
ECF system.
(e)
Subchapter V means subchapter V to chapter 11 of the Bankruptcy Code, 11 U.S.C.
§§ 1181–1195.
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RULE 9006–1
Computing and Extending Time; Motions
“Last Day” Defined. The “last day” set for filing a paper ends at 11:59 p.m. prevailing Eastern
time unless otherwise specified, whether the filing is in paper form in accordance with Local
Bankruptcy Rule 5005–1(d) or an electronic filing.
RULE 9006–2
Bridge Order Not Required in Certain Circumstances
(a)
With respect to 11 U.S.C. § 1121(d), if a motion to extend the time to file a plan is filed
prior to the expiration of the period prescribed therein, the time automatically shall be
extended until the Court acts on the motion, without the necessity for the entry of a bridge
order.
(b)
With respect to 11 U.S.C. § 365(d), if a party files a motion to assume or to extend the time
to assume or reject an unexpired lease of nonresidential real property, and the motion is
filed prior to the expiration of the time to assume or reject the unexpired lease, the time
automatically shall be extended until the Court acts on the motion, without the necessity
for the entry of a bridge order, except that the time shall not be extended beyond the date
that is 210 days after the entry of the order for relief without the prior written consent of
the landlord.
RULE 9009–1
Using Official Forms; Director’s Forms
The Local Official Forms prescribed in these Rules are set out on the Court’s website and attached
hereto at Appendix F. They should be used and may be altered only if appropriate under the
circumstances. Except for Local Form 104 (see Local Bankruptcy Rule 3015–1(a)), parties should
use the Local Forms or a pleading containing substantially the same information as found in the
Local Forms.
RULE 9010–1
Authority to Act Personally or by an Attorney; Power of Attorney
(a)
Appearance. Except as provided in paragraphs (c), an attorney eligible to practice in this
Court enters an appearance in a case or proceeding by filing a pleading, paper, or a notice
of appearance signed by the attorney. Such an appearance must be entered when an attorney
is appearing on behalf of a party not otherwise represented in the matter. Following the
appearance of any one attorney affiliated with a law firm, other attorneys affiliated with
the same law firm may, but are not required to, enter separate appearances.
(b)
Appearance by Pro Hac Vice Attorney. Contemporaneous with the filing of a motion for
admission pro hac vice pursuant to Local Bankruptcy Rule 2090–1(b), an attorney so
moving may enter an appearance in a case or proceeding in accordance with Local
Bankruptcy Rule 9010–1.
(c)
Requirement for an Attorney. Except for filing or withdrawing a proof of claim, notice of
mortgage payment change, notice of post-petition mortgage fees, expenses, and charges,
response to a notice of final cure payment, request for notices or notice/service, notice of
appearance, reaffirmation agreement, creditor change of address, transfer of claim or a
transcript of court proceedings, a party or entity other than a natural person acting in their
own behalf or, to the extent permitted by § 304(g) of Pub. L. 103–394, a child support
creditor or its representative, may not appear in a bankruptcy case or proceeding, sign
Page 44
pleadings, or perform any act constituting the practice of law except by attorney permitted
to appear under Local Bankruptcy Rule 2090–1. This Local Bankruptcy Rule applies to
corporations, partnerships, limited liability companies, associations, and trusts, as well as
to individuals acting in a representative capacity (such as under a power of attorney) for
another.
RULE 9011–1
Signing Documents; Representations to the Court; Sanctions;
Verifying and Providing Copies
(a)
Responsibility for Use of Login and Password. An attorney or other person who is assigned
a Court-issued login and password to file documents electronically is responsible for all
documents filed using that login and password.
(b)
Signature and Certification. The transmission of a petition, pleading, motion, or other paper
by electronic means shall constitute both a signature by the attorney or other person
responsible for transmitting it that is required by Bankruptcy Rule 9011(a) and a
certification within the meaning of Bankruptcy Rule 9011(b). Such transmission shall also
constitute a representation by the attorney or other person responsible for an electronic
transmission to the Court that they are in possession of the original petition, pleading,
motion, or other paper, with all original signatures thereon as that term is defined in
subsection (e) herein.
(c)
Production. Upon reasonable request by the Court or an interested party, the attorney or
other person responsible for an electronic filing shall produce for inspection and copying
the original petition, pleading, motion, or other paper filed by electronic means, with all
original signatures thereon.
(d)
Original Signatures.
(e)
(1)
An original signature of an attorney includes a signature obtained or sent by
facsimile, scanned document, electronic mail authorization, or other electronic
means, authorizing the placement of the signature of the authorizing person on the
document to be filed.
(2)
Except as provided in Local Bankruptcy Rule 3011–1(b) on Applications for
Unclaimed Funds, an original signature of a party (a “Virtual Party Signature”)
includes a signature transmitted by facsimile, scanned document, or other electronic
means containing the original signature.
(3)
While not required, after obtaining a Virtual Party Signature, all parties are
encouraged to obtain the original physical/wet ink signatures on any petition,
schedule or statement, chapter 13 plan, and any other document filed under oath or
subject to the penalty of perjury.
Maintenance. The attorney or other person responsible for an electronic transmission to the
Court shall maintain evidence of the original petition, pleading, motion or other paper
bearing original or Virtual Party Signature other than that of the electronic filer, for three
(3) years after the bankruptcy case is closed.
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RULE 9011–2
(a)
Pro Se Parties
Who May Appear Self-Represented. Only individuals may represent themselves, except as
follows:
(1)
a party filing a motion seeking to obtain funds deposited in the Registry of the
Court, and
(2)
a duly appointed representative on behalf of an infant or incompetent person as set
forth in Bankruptcy Rule 1004.1.
(b)
Responsibilities of Parties Appearing Self-Represented. An individual representing
themself is responsible for performing all duties imposed on attorneys by the Bankruptcy
Code, the Federal Bankruptcy Rules, these Rules, and applicable federal or state law.
(c)
Except as set forth in Local Bankruptcy Rules 1002–1 and 9010–1, any pleading or paper
filed on behalf of an entity that is not a natural person acting in their own behalf and not
signed by an attorney permitted to appear under Local Bankruptcy Rule 2090–1 may be
stricken by the Clerk, unless the deficiency is cured within fourteen (14) days of the mailing
or delivery of a notice of deficiency.
RULE 9013–1
Motions; Form and Service
(a)
Requirement of Written Motion. All motions shall be in writing and filed with the Court
using the applicable NextGen CM/ECF docketing events, unless made during a hearing or
trial.
(b)
General Procedure for Motions.
(c)
(1)
Grounds for, Relief Sought. All motions, responses, objections, applications (other
than for compensation) and similar requests shall state with particularity the
grounds therefor and shall set forth the relief or order sought.
(2)
Optional Supporting Materials. A memorandum of facts and law may be filed with
or combined with a motion. Supporting affidavits or documents entitling the
movant to the relief requested may be filed with a motion.
Required Notice. Unless a contemporaneous motion is filed under Local Bankruptcy Rule
9013–2, a motion filed with the Court, including a motion filed in an adversary proceeding,
shall include or be accompanied by a conspicuous notice of the motion, objection deadline,
and hearing, if applicable. The notice must conform substantially to Official Form B 420A.
(1)
Exceptions. In addition to those pleadings specifically set forth in these Local
Bankruptcy Rules, the following motions do not require a separate notice:
(A)
a debtor’s motion to convert to chapter 7 under 11 U.S.C. §§ 1112(a),
1208(a), or 1307(a);
(B)
a joint mediation motion pursuant to Local Bankruptcy Rule 9019–2(c)(2);
(C)
a consent motion to extend deadlines in adversary proceedings;
(D)
a motion for conditional approval of disclosure statements in small business
cases under 11 U.S.C. § 1125(f)(3); or
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(E)
(d)
(e)
a motion to restrict public access under Federal Rule 9037(h).
Deadline for Response. Unless a different time is prescribed by any statute, Bankruptcy
Rule, Local Bankruptcy Rule, or pre-hearing or other order entered by the Court with
respect to a motion, a response shall be filed with the Court and served upon the proponent
of such motion as follows:
(1)
When a hearing has not been set or requested, the moving party shall serve a notice
of opportunity to object and request hearing. Unless otherwise set out in these Local
Bankruptcy Rules, the opposing party may file a response within fourteen (14)
days, but not thereafter without leave of the Court unless the motion relates to a
matter for which a longer notice is required under Bankruptcy Rule 2002(a). The
movant may file a reply within seven (7) days after the filing of the response. If the
notice of opportunity to request a hearing procedure is used and the opposing party
serves and files a timely request for a hearing, the moving party shall obtain a
hearing date from the Clerk and give notice to the opposing party of the hearing
date.
(2)
When a hearing has been set on at least twenty-one (21) days’ notice, the opposing
party may file a response no later than seven (7) days before the date of the hearing.
(3)
When a hearing has been set on less than twenty-one (21) days’ notice, unless the
Court directs otherwise, the opposing party may file a response no later than three
(3) business days before the date of the hearing. A hearing may not be set by a party
on less than fourteen (14) days’ notice unless the Court grants a motion requesting
an expedited hearing pursuant to Local Bankruptcy Rule 9013–2. If a hearing is set
on an expedited basis, the opposing party may file a response no later than one (1)
business day before the date of the hearing or as otherwise directed by the Court.
(4)
When an objection to a claim is filed, the opposing party may file a response within
thirty (30) days of the filing of the objection.
Responses to Motions.
(1)
Requirement of Written Response. Except as otherwise provided by the Bankruptcy
Code, the Federal Rules of Bankruptcy Procedure, these Local Bankruptcy Rules,
or by order of the Court, a response in opposition to a motion must be in writing,
state with particularity the grounds therefor, be filed with the Court and served upon
all parties affected thereby and the United States Trustee.
(2)
Optional Supporting Materials. Unless otherwise directed by the Court, a party
filing a response to a motion may file therewith a memorandum of points and
authorities setting forth a concise statement of the facts and supporting reasons,
along with a citation of the authorities upon which the party relies. The
memorandum and the motion or response thereto, may be combined in a single
pleading. Supporting affidavits or documents entitling the movant to the relief
requested may be filed with a motion.
(3)
Effect of Not Timely Filing a Response. If a response is not timely filed and served,
the Court may deem the opposition waived, treat the motion, application, pleading,
or proposed action as conceded, and enter an appropriate order granting the
requested relief without a hearing.
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(f)
Certificate of Service. For each pleading, motion, and other paper required to be served
upon a party, a certificate of service certifying that copies were served and detailing the
date, manner of service, and the names and addresses of those served for each recipient
who is not being served through NextGen CM/ECF shall be filed. A certificate of service
may be included at the end of a pleading or may be filed separately from the served
document. A separately filed certificate of service need not be served. If not filed with the
pleading, a certificate of service shall be filed within seven (7) days of the service date of
the filed document. If a document requests expedited relief or a hearing on shortened
notice, the certificate of service shall be filed in advance of the hearing. For each recipient
who is being served through NextGen CM/ECF, the attorney or pro se party filing the
pleading or document shall ensure that all persons listed as being served via NextGen
CM/ECF are registered to receive NextGen CM/ECF notice in the case or must effectuate
service by other appropriate means. Notwithstanding the foregoing, the names and
addresses of those served may be excluded from the copies of each pleading, motion, or
other paper served upon a party in hard copy.
RULE 9013–2
(a)
(b)
Motion to Shorten Time and/or for Expedited Hearing
Separate Motion; Content of Motion. If a movant requests that the time for filing objections
should be shortened and/or that a more expedited hearing is needed, the movant shall
contemporaneously file a separate motion (a “Motion to Shorten”) requesting that the court
shorten the time to object and/or requesting that the Court set an expedited hearing (an
“Expedited Hearing Motion”). The Motion shall include statements explaining why the
underlying substantive motion requires an expedited ruling by the Court and any time
restrictions or other relevant information. A notice of the underlying substantive motion(s)
shall not be filed until the Court rules on the Motion to Shorten or Expedited Hearing
Motion.
(1)
A Motion to Shorten or an Expedited Hearing Motion shall only be served on
parties who receive NextGen CM/ECF notifications and, if not served
electronically, the United States Trustee and opposing attorney (if any).
(2)
Contemporaneously with filing a Motion pursuant to this Rule, the movant shall
upload an order with the specific time restrictions stated therein for entry by the
Court.
(3)
Upon entry of an order by the Court on either a Motion to Shorten or an Expedited
Hearing Motion, the movant shall promptly file a notice of motion setting forth the
shortened objection deadline and hearing date for the substantive motion(s). The
movant shall serve a copy of the Court’s order, the notice, and the underlying
substantive motion(s).
Emergency Hearing. If a Movant determines that a hearing must be held on less than fortyeight (48) hours’ notice, the Movant shall contact Chambers to obtain a hearing date and
time prior to filing any motion under part (a) of this Rule. Frivolous assertions of an
emergency may result in sanctions under Bankruptcy Rule 9011.
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RULE 9014–1
Contested Matters
(a)
Local Bankruptcy Rules 7026–1, 7030–1, 7054–1, 7054–2, 7056–1, 7062–1, and 7067–1
apply in contested matters.
(b)
When the motion or objection commencing the contested matter is not timely opposed and
seeks relief against a debtor who has already subjected the debtor to the jurisdiction of the
Court by filing a petition commencing a case, the provisions of Local Bankruptcy Rule
7055–1 and the Servicemember’s Civil Relief Act of 2003 will be deemed inapplicable
unless the Court orders otherwise.
RULE 9015–1
Jury Trial
A statement of consent to have a jury trial conducted by a bankruptcy judge under 28 U.S.C.
§ 157(e) shall be filed before the conclusion of the initial status hearing.
RULE 9016–1
Subpoena
(a)
All requests for the issuance of Clerk-issued subpoenas for the attendance of witnesses at
hearings or trials shall be filed with the Clerk no later than fourteen (14) days before the
date upon which the witness will be directed to appear. If the request is made within
fourteen (14) days prior to the date of the trial or hearing, it may be issued by the Clerk,
but no continuance will be granted if said witness fails to appear even though served. The
provisions hereof are not intended in any way to change or modify the provisions of
Bankruptcy Rule 9016 or any other applicable Bankruptcy Rules.
(b)
The Clerk shall not issue any subpoena under Bankruptcy Rule 9016 at the request of a
self-represented litigant unless the litigant first obtains an order from the Court authorizing
the issuance of the subpoena. Before entering any such order, the Court may require the
self-represented litigant to state the reasons why the subpoena should be issued. The Court
may deny issuance of the subpoena if (1) it imposes an undue burden or expense on the
person subject to the subpoena, upon the United States Marshal Service, or other Court
officer who would be required to serve it under 28 U.S.C. § 1915; or (2) if issuance of the
requested subpoena is otherwise inconsistent with the requirements of the Bankruptcy
Rules.
RULE 9019–1
Compromise or Settlement; Arbitration
Filing Procedures. In an adversary proceeding, a motion for approval of a settlement shall be filed
in the adversary case and served on all parties in the adversary case. Notice of the motion for
approval of a settlement shall be filed in the main case and served on all parties entitled to receive
notice.
RULE 9019–2
(a)
Alternative Dispute Resolution (ADR)
Authorization. The Court encourages the parties to meet and consult with each other to
achieve settlement. The use of mediation as an alternative dispute resolution process in all
adversary proceedings, contested and other matters, is authorized. A motion for Court
approval of non-judicial or neutral mediation is not required. However, such mediation
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shall not alter any deadlines in an applicable scheduling order absent further order of the
Court.
(b)
(c)
Availability of Circuit Court of Appeals’ Mediation Program.
(1)
Pursuant to District Court Local Civil Rule 84.4, a case may be assigned to the
Circuit Court of Appeals’ Mediation
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