UNITED STATES BANKRUPTCY COURT (2018)
Court rules
Ask Donna
What actually matters in this document.
Text
LOCAL RULES
OF THE
UNITED STATES BANKRUPTCY COURT
FOR THE
DISTRICT OF COLUMBIA
IN EFFECT AS OF SEPTEMBER 10, 2018
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).
UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
PRESIDING BANKRUPTCY JUDGES
S. Martin Teel, Jr.
Wendelin I. Lipp, Judge,
U.S. Bankruptcy Court for the District of Maryland
(Sitting by Designation)
CLERK OF COURT
Angela Caesar
ADVISORY COMMITTEE
ON LOCAL BANKRUPTCY RULES
As Constituted January 17, 2018
Members:
Marc E. Albert, Esq., Chairman
Rebecca Herr, Esq.
Nancy Alper, Esq.
Bradley Jones, Esq.
Nelson C. Cohen, Esq.
Kevin D. Judd, Esq.
Mary Joanne Dowd, Esq.
David Lynn, Esq.
Nancy Spencer Grigsby
Jeffrey M. Sherman, Esq.
Joseph Guzinski, Esq.
Honorable S. Martin Teel, Jr.
Representatives from Clerk's Office:
Angela Caesar, Clerk
Nwamaka Anowi, Chief Deputy Clerk for Operations
Michael Wint, Assistant Chief Deputy Clerk for Operations
Renee Jackson, CM/ECF Analyst
Spencer Hallett, Chief Deputy Clerk for Administrative Services
Anjanie Desai, Operations Supervisor
i
CLERK’S OFFICE
Room 1225
E. Barrett Prettyman United States Courthouse
333 Constitution Avenue, N.W.
Washington, D.C. 20001
Open to Public: 9:00 a.m. – 4:00 p.m., Monday – Friday (except holidays)
Clerk’s Office Telephone Numbers 1
Multi-Court Voice Case Information System
(866) 222-8079
CM/ECF Help Desk & CM/ECF Training
(202) 354-3281
Main Clerk's Office Number
(202) 354-3280
Individual Listings
Angela Caesar, Clerk of Court
(202) 354-3510
Nwamaka Anowi,
Chief Deputy Clerk for Operations
(202) 354-3151
Michael Wint,
Assistant Chief Deputy Clerk for Operations
(202) 354-3188
Renee Jackson, CM/ECF Analyst
(202) 354-3149
Aimee Mathewes, Courtroom Deputy Clerk
(202) 354-3178
Case Administrators:
Freddie Brown, III, Sr. Case Admin.
(202) 354-3404
Brittany Bryant
(202) 354-3142
Vamira Ragland
(202) 354-3177
Shanna Wyche
(202) 354-3167
1
Telephone numbers may change. For updated telephone numbers, go to the Court's website,
www.dcb.uscourts.gov.
ii
Telephone Numbers for Related Services
PACER Registration & Billing
(800) 676-6856
Admission to the Bar - Room 1825B
(202) 354-3107
Court Alternative Dispute Resolution
Programs (Mediation)
(202) 216-7350
Other Telephone Numbers
Nancy Spencer Grigsby
(Standing Chapter 13 Trustee)
(301) 805-4700
U.S. Trustee's Office
(703) 557-7183
U.S. Court of Appeals for the D.C. Circuit
Information
(202) 216-7000
U.S. District Court for D.C. Information
(202) 354-3000
U.S. District Court Attorney Admissions
(202) 354-1110
U.S. Marshal's Office Information
(202) 353-0600
D.C. Superior Court
(202) 879-1010
U.S. Bankruptcy Court for D.Md. –
Greenbelt, MD
(301) 344-8018
U.S. Bankruptcy Court for E.D.Va. –
Alexandria, VA
(703) 258-1200
iii
LOCAL BANKRUPTCY RULES FOR THE
UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
TABLE OF CONTENTS
RULE 1001-1.
SCOPE OF RULES; TITLE .................................................................... 1
PART I
COMMENCEMENT OF CASE; PROCEEDINGS
RELATING TO PETITION AND ORDER FOR RELIEF
RULE 1002-1.
PETITION—GENERAL ......................................................................... 2
RULE 1004-1.
PETITION—PARTNERSHIP ................................................................ 3
RULE 1006-1.
FILING FEE AND OTHER FEES AND AMOUNTS REQUIRED
TO BE PAID TO CLERK ........................................................................ 4
RULE 1007-1.
INITIAL LIST OF CREDITORS AND MAILING MATRIX;
OBLIGATION TO AMEND ................................................................... 5
RULE 1007-2.
SCHEDULE OR AMENDED SCHEDULE FILED AFTER
FILING OF INITIAL LIST OF CREDITORS AND MAILING
MATRIX .................................................................................................... 6
RULE 1007-3.
NOTICE REQUIRED IN A CHAPTER 11 CASE WHEN A
CREDITOR’S CLAIM IS SCHEDULED AS DISPUTED,
CONTINGENT, OR UNLIQUIDATED................................................. 7
RULE 1007-4.
MAILING MATRIX FOR EQUITY SECURITY HOLDERS IN
A CHAPTER 11 CASE ............................................................................ 7
RULE 1007-5.
FILING OF PAYMENT ADVICES (OR OTHER EVIDENCE OF
PAYMENT) OR STATEMENT THAT NO SUCH DOCUMENTS
EXIST......................................................................................................... 8
RULE 1007-6.
ADOPTION OF INTERIM RULE 1007-I ............................................. 9
iv
RULE 1009-1.
AMENDED SCHEDULES....................................................................... 9
RULE 1009-2.
AMENDMENT TO LIST OF CREDITORS AND MAILING
MATRIX .................................................................................................. 10
RULE 1009-3.
AMENDED CHAPTER 11 LIST OF EQUITY SECURITY
HOLDERS ............................................................................................... 12
RULE 1013-1.
DISPOSITION OF INVOLUNTARY PETITION .............................. 13
RULE 1017-1.
CONVERSION UNDER § 706(A) OF THE BANKRUPTCY
CODE ....................................................................................................... 13
RULE 1017-2.
DISMISSAL OF CASE .......................................................................... 13
RULE 1019-1.
CONVERSION OF CASE TO CHAPTER 7 ....................................... 14
PART II
OFFICERS AND ADMINISTRATION; NOTICES; MEETINGS;
EXAMINATIONS; ATTORNEYS AND ACCOUNTANTS
RULE 2002-1.
NOTICE TO CREDITORS AND OTHER INTERESTED
PARTIES ................................................................................................. 16
RULE 2002-2.
MAILING LIST ...................................................................................... 19
RULE 2002-3.
FILING OF DESIGNATION UNDER § 342(F) OF THE
BANKRUPTCY CODE OF A CREDITOR'S PREFERRED
ADDRESS ................................................................................................ 20
RULE 2003-1.
MEETING OF CREDITORS AND EQUITY SECURITY
HOLDERS ............................................................................................... 20
RULE 2004-1.
EXAMINATIONS................................................................................... 21
RULE 2014-1.
APPLICATIONS TO EMPLOY PROFESSIONALS......................... 22
RULE 2015-1.
MONTHLY OPERATING REPORTS ................................................ 22
RULE 2016-1.
COMPENSATION OF PROFESSIONALS ........................................ 22
RULE 2016-2.
RULE 2016(B) DISCLOSURES AND TREATMENT OF
PAYMENTS FROM PROPERTY OF THE ESTATE ....................... 25
v
RULE 2016-3.
COMPENSATION OF DEBTOR OR DEBTOR'S
OFFICERS, PARTNERS, AND DIRECTORS IN
CHAPTER 11 .......................................................................................... 26
RULE 2016-4.
ADMINISTRATIVE CLAIMS OF ENTITIES OTHER THAN
PROFESSIONALS ................................................................................. 27
RULE 2072-1.
NOTICE TO OTHER COURTS WITH PENDING ACTIONS ........ 27
RULE 2090-1.
ADMISSION OF ATTORNEYS TO PRACTICE .............................. 27
RULE 2090-2.
COURT-APPOINTED REPRESENTATION ..................................... 29
RULE 2090-3.
ATTORNEYS REPRESENTING INDIGENT PARTIES.................. 29
RULE 2090-4.
BANKRUPTCY PRO BONO PANEL.................................................. 29
RULE 2091-1.
WITHDRAWAL OF AN ATTORNEY’S APPEARANCE ................ 35
PART III
CLAIMS AND DISTRIBUTION TO CREDITORS
AND EQUITY INTEREST HOLDERS; PLANS
RULE 3003-1.
NOTICE REQUIRED IN A CHAPTER 11 CASE WHEN A
CREDITOR'S CLAIM IS SCHEDULED AS DISPUTED,
CONTINGENT, OR UNLIQUIDATED............................................... 36
RULE 3007-1.
OBJECTIONS TO CLAIMS ................................................................. 36
RULE 3015-1.
CHAPTER 13—PLAN ........................................................................... 37
RULE 3015-2.
CHAPTER 13—AMENDMENTS TO PROPOSED PLAN ............... 38
RULE 3015-3.
CHAPTER 13—CONFIRMATION HEARING AND
NOTICE OF CONFIRMATION OF PLAN ........................................ 39
RULE 3015-4.
CHAPTER 13—MODIFICATION OF CONFIRMED PLAN .......... 39
RULE 3015-5.
CHAPTER 13—DISTRIBUTIONS UNDER
CHAPTER 13 PLAN .............................................................................. 40
RULE 3018-1.
CHAPTER 11 PLANS—BALLOTS AND TALLY
OF BALLOTS ......................................................................................... 41
RULE 3022-1.
FINAL REPORT/DECREE IN A CHAPTER 11 CASE .................... 41
vi
RULE 3022-2.
CLOSING AN INDIVIDUAL DEBTOR CHAPTER 11 CASE ........ 42
PART IV
THE DEBTOR: DUTIES AND BENEFITS
RULE 4001-1.
RELIEF FROM THE AUTOMATIC STAY ....................................... 43
RULE 4003-1.
OBJECTIONS TO EXEMPTIONS ...................................................... 45
RULE 4004-2.
OBJECTIONS TO DISCHARGE ......................................................... 46
RULE 4004-3.
CHAPTER 13 MOTION FOR ENTRY OF
DISCHARGE UNDER BANKRUPTCY CODE § 1328(A) ................ 46
RULE 4004-4.
CHAPTER 11 INDIVIDUAL DEBTOR’S MOTION
FOR ENTRY OF DISCHARGE ........................................................... 46
PART V
COURT AND CLERK
RULE 5005-1.
FILING PAPERS—MECHANICS OF FILING;
PAYING FEES ........................................................................................ 47
RULE 5005-2.
FORMATTING AND STYLE OF PAPERS ........................................ 49
RULE 5005-3.
CERTIFICATE OF SERVICE ............................................................. 51
RULE 5005-4.
ELECTRONIC FILING ........................................................................ 52
RULE 5005-5.
DOCUMENTS ISSUED BY JUDGE OR CLERK
AND FILED ELECTRONICALLY...................................................... 52
RULE 5070-1.
CALENDARS AND SCHEDULING .................................................... 53
RULE 5071-1.
CONTINUANCES .................................................................................. 54
PART VI
COLLECTION AND LIQUIDATION OF THE ESTATE
RULE 6004-1.
USE, SALE, OR LEASE OF ESTATE PROPERTY .......................... 57
vii
RULE 6004-2.
SALE OR REFINANCE OF PROPERTY BY
CHAPTER 13 DEBTOR ........................................................................ 58
RULE 6004-3.
MORTGAGE LOAN MODIFICATION BY
CHAPTER 13 DEBTOR ........................................................................ 59
RULE 6005-1.
AUCTIONEERS ..................................................................................... 59
RULE 6006-1.
EXECUTORY CONTRACTS AND UNEXPIRED LEASES ............ 59
RULE 6007-1.
ABANDONMENT .................................................................................. 60
RULE 6070-1.
TAX REFUNDS ...................................................................................... 61
PART VII
ADVERSARY PROCEEDINGS
RULE 7003-1.
ADVERSARY PROCEEDING COVER SHEET ............................... 62
RULE 7004 -1.
SERVICE ON DEBTOR’S COUNSEL ................................................ 62
RULE 7005-1.
ADDRESSES FOR SERVICE OF PAPERS ........................................ 62
RULE 7015-1.
AMENDED PLEADINGS...................................................................... 62
RULE 7024-1.
INTERVENTION ................................................................................... 62
RULE 7026-1.
DISCOVERY—GENERAL ................................................................... 63
RULE 7030-1.
DEPOSITIONS ....................................................................................... 64
RULE 7041-1.
DISMISSAL OF ADVERSARY PROCEEDING ................................ 65
RULE 7054-1.
ALLOWANCE OF COSTS ................................................................... 66
RULE 7054-2.
ATTORNEY'S FEES AND NONTAXABLE EXPENSES ................. 66
RULE 7055-1.
DEFAULT—FAILURE TO PROSECUTE ......................................... 66
RULE 7056-1.
SUMMARY JUDGMENT ..................................................................... 67
RULE 7056-2.
WHERE SUMMARY JUDGMENT IS REQUESTED
AGAINST PARTY WITHOUT COUNSEL ........................................ 68
RULE 7062-1.
STAYS OF APPEALS: EXEMPTION FROM APPEAL BOND ...... 68
RULE 7065-1.
INJUNCTIONS ....................................................................................... 68
viii
RULE 7067-1.
REGISTRY FUND.................................................................................. 70
PART VIII
APPEALS TO DISTRICT COURT
RULE 8001-1.
APPEALS IN GENERAL; DESIGNATION OF RECORD .............. 71
PART IX
GENERAL PROVISIONS
RULE 9001-1.
DEFINITIONS ........................................................................................ 72
RULE 9006-1.
COMPUTING AND EXTENDING TIME ........................................... 72
RULE 9008-1.
PUBLICATION ...................................................................................... 73
RULE 9010-1.
ENTRY OF ATTORNEY’S APPEARANCE ...................................... 73
RULE 9010-2.
WITHDRAWAL OF AN ATTORNEY'S APPEARANCE ................ 75
RULE 9010-3.
REPRESENTATION OF A DEBTOR ................................................. 76
RULE 9010-4.
OBLIGATION OF ATTORNEY TO ATTEND HEARINGS ........... 78
RULE 9010-5.
CURRENT INFORMATION ................................................................ 79
RULE 9011-1.
ATTORNEY CONTACT INFORMATION ........................................ 80
RULE 9013-1.
MOTION PRACTICE............................................................................ 80
RULE 9014-1.
CONTESTED MATTERS ..................................................................... 84
RULE 9015-1.
JURY TRIAL .......................................................................................... 84
RULE 9027-1.
REMOVAL OF CIVIL ACTION; REMAND OF SAME .................. 85
RULE 9029-1.
SUSPENSION OF LOCAL RULES ..................................................... 85
RULE 9029-2.
STANDING ORDERS ............................................................................ 85
RULE 9029-3.
DISTRICT COURT LOCAL CIVIL RULES...................................... 86
RULE 9070-1.
EXHIBITS AND WITNESSES ............................................................. 87
RULE 9071-1.
STIPULATIONS ..................................................................................... 89
RULE 9072-1.
PROPOSED ORDERS ........................................................................... 89
ix
RULE 9073-1.
HEARINGS ............................................................................................. 90
APPENDICES
APPENDIX A: LOCAL OFFICIAL FORMS
APPENDIX B: DISTRICT COURT LOCAL BANKRUPTCY RULES
x
RULE 1001-1.
(a)
SCOPE OF RULES; TITLE
Scope of Rules and Title. These Rules govern practice and procedure in the United
States Bankruptcy Court for the District of Columbia, referred to in these Rules as
the "Court." These Rules supplement the Federal Rules of Bankruptcy Procedure. They
may be cited as the "Local Bankruptcy Rules" or "LBRs" and an individual rule may
be cited as "LBR" (or, to distinguish the Rule from other districts’ rules, "D.C. LBR").
The rules governing bankruptcy proceedings in the District Court are set forth in the D.
Ct.LBRs found in Appendix B.
(b)
Cross-References. Local Bankrutpcy Rule 5005-4 (Electronic Filing); LBR 9029-1
(Suspension of Local Rules); LBR 9029-2 (Standing Orders); LBR 9029-3 (Local
Rules—District Court).
Note: These Rules follow the Uniform Numbering System for Local Bankruptcy Court Rules
(Revised May 2003 and January 2012), available at
http://www.uscourts.gov/sites/default/files/ulrn_system_0.pdf. Accordingly, what may
be perceived as gaps in the numbering of these Rules merely reflect that these Rules do not
cover every topic for which a uniform national number exists and that the uniform national
numbers themselves intentionally have gaps.
These Rules have been drafted with reliance placed on Bryan A. Garner, Guidelines for
Drafting and Editing Court Rules (1996), available at
http://www.uscourts.gov/sites/default/files/guide_1.pdf and also at
http://www.uscourts.gov/file/document/guidelines-drafting-and-editing-court-rules.
1
PART I
COMMENCEMENT OF CASE; PROCEEDINGS RELATING TO
PETITION AND ORDER FOR RELIEF
RULE 1002-1.
(a)
PETITION—GENERAL
Rejection of Petition Bearing No Signatures. The Clerk shall not accept for filing a petition
that lacks either a signature of, or on behalf of, the debtor, or a signature of a purported
attorney for the debtor. The clerk shall issue a notice (attaching the rejected petition as an
exhibit) that the petition is not accepted for filing, and shall docket the notice as a
miscellaneous proceeding titled “Rejected Petition.”
(b)
Requirement of Filing Fee. The Clerk must not accept a petition for filing, and must return
the petition to the filer if the petition is not accompanied by payment of the required fee,
tendered in an acceptable form, as set forth in LBR 1006-1, unless:
(1)
the case is one in which:
(A)
the petition is a voluntary petition filed by a debtor who is an individual
(or filed by spouses in a joint case); and
(B)
the petition is accompanied by an application, conforming to the form
prescribed by the Clerk and posted on the Court's website (or conforming
to the Official Form), signed by the debtor, and stating that the debtor is
unable to pay the filing fee except in installments; or
(2)
the case is one in which:
(A)
the petition is a voluntary Chapter 7 petition filed by a debtor who is an
individual (or filed by spouses in a joint case); and
(B)
the petition is accompanied by an application, signed by the debtor, on the
appropriate Official Form for waiver of the filing fee.
(c)
Cross References. Local Bankruptcy Rule 1007-1 governs the mailing matrix that must
accompany the petition, and Fed. R. Bankr. P. 1007 addresses other documents that must
accompany the petition.
2
(d)
Requirement to Utilize Current Official Form of Petition. A petition must be submitted
on the current applicable Official Form.
(e)
Alteration of Standard Bar Date Set by Court. If a party seeks to alter the standard bar date
for filing proofs of claims in a Chapter 11 case (see Standing Order § 15, available on the
court’s website), a party shall with their petition file a motion to alter the standard bar date.
Note: Paragraph (a) addresses the problem of a petition bearing no signatures whatsoever.
Without a signature signifying that there is an intent to vouch for the document as being an
authorized filing, there effectively has been no filing by the debtor or an attorney on behalf of the
debtor. The rule recognizes that sometimes a petition is filed bearing a signature of someone else
on behalf of the debtor, but does not address whether such a petition should be allowed to stand.
The rule leaves to a case by case determination whether such a petition should be allowed to
remain pending. For example, the courts are divided over whether an individual may file a
petition that the individual signs on behalf of the debtor pursuant to a power of attorney. If an
attorney signs the petition but the debtor does not sign the petition, Fed. R. Bankr. P. 9011 applies
regarding curing the lack of the debtor’s signature.
Paragraph (c) serves as a reminder regarding those documents required to be filed with the
petition. Lists of all of the documents a debtor is required to file are available on the Court's
website (http://www.dcb.uscourts.gov) under “Parties Who Have No Attorney, What Do I Need
to File” (available at http://www.dcb.uscourts.gov/what-do-i-need-file).
RULE 1004-1.
PETITION—PARTNERSHIP
In the case of a debtor that is a partnership, there must be filed with any voluntary petition or any
consent to an involuntary petition:
(1)
a statement signed by a general partner stating that all general partners have
consented to such filing; and
(2)
a notice to all general partners who have not signed the petition (or the consent to
the involuntary petition):
(A)
giving notice of the date on which the voluntary petition or the consent is
being filed;
(B)
attaching a copy of the voluntary petition (or of the consent to the
involuntary petition); and
3
(C)
bearing a certificate certifying that a copy of the notice has been mailed to
all general partners who have not signed the petition (or the consent to the
involuntary petition).
RULE 1006-1.
FILING FEE AND OTHER FEES AND AMOUNTS REQUIRED
TO BE PAID TO CLERK
(a)
Acceptable Forms of Tendering Payment. A fee required to be paid to the Clerk, pursuant
to 28 U.S.C. § 1930(a) and the Appendix to § 1930 (Bankruptcy Court Miscellaneous Fee
Schedule), and any other amount required to be paid to the Clerk, may be paid only:
(1)
in cash;
(2)
by cashier's check, certified check, or negotiable money order:
(A)
issued by an FDIC-insured entity, or a credit union (as defined in
§ 19(b)(1)(A)(iv) of the Federal Reserve Act), or other entity recognized
by the Clerk's Office to be a financially sound issuer; and
(B)
(3)
made payable to "Clerk, United States Bankruptcy Court";
by a member of the bar of the Court using a credit card in the electronic case filing
system; or
(4)
by a check made payable to "Clerk, United States Bankruptcy Court" drawn on
the account of an attorney who is a member of the bar of the Court (or of the law
firm of which such an attorney is a member, partner, associate, or of counsel), but
the fee may not be paid by such a check if the Clerk refuses the check because a
prior check or prior checks of that attorney or law firm have been dishonored.
(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 his client or the estate) is liable
for any fee triggered by the filing of a paper.
(c)
Applications to Pay the Filing Fee in Installments. The Clerk is authorized to deny an
application to pay the filing fee in installments that fails to comply with the minimum
payments required by the court’s standing order (or future revised standing order).
4
Note: Under the court’s current Standing Order §§ 5 and 6, available on the Court’s website,
an application to pay the filing fee in installments will be denied (and the case may be
dismissed) unless: (1) the initial installment is at least $61.00 for a Chapter 7 or 13 case and
$365.00 for a Chapter 11 case; (2) the first installment is paid with the Application; (3) the time
span between each individual payment does not exceed 45 days, with the last payment due no
later than 120 days after filing the petition; and (4) the proposed installments total the full
amount of fees incurred upon filing the petition.
RULE 1007-1.
INITIAL LIST OF CREDITORS AND MAILING MATRIX;
OBLIGATION TO AMEND
(a)
Requirement to File List of Creditors and Mailing Matrix. The debtor must file a List of
Creditors and Mailing Matrix (which will serve as both the list required by Fed. R. Bankr.
P. 1007(a)(1) or 1007(a)(2), and a mailing matrix):
(b)
(1)
with the petition in a voluntary case; or
(2)
within 14 days after entry of the order for relief in an involuntary case.
Coversheet. An initial List of Creditors and Mailing Matrix must include a signed
coversheet conforming to the form coversheet prescribed by the Clerk and posted on the
Court’s website. The coversheet must be dated and must contain a signed verification or
declaration under 28 U.S.C. § 1746 establishing that the appended list is an accurate and
complete listing of all entities required to be listed under Rule 1007(a)(1) or 1007(a)(2).
(c)
Contents of List. The list appended to the coversheet must:
(1)
list all entities required to be included on the list required by Fed. R. Bankr. P.
1007(a)(1) or 1007(a)(2) (the entities required to be listed on Schedules D, E/F, G,
and H, as prescribed by the Official Forms);
(2)
list the entities in alphabetical order of the names of the entities; and
(3)
include, after the name of each entity, the address of the entity, including the postal
ZIP Code.
(d)
Format of List. The list appended to the coversheet must be submitted in the format
(regarding font and so forth) set by the Clerk and posted on the Court’s website.
5
(e)
Obligation to File an Amendment to List of Creditors and Mailing Matrix. If the debtor
discovers that an entity required to be listed under Fed. R. Bankr. P. 1007(a)(1) or
1007(a)(2) was omitted from the List of Creditors and Mailing Matrix (as amended by
any amendment), or an entity was incorrectly listed thereon, the debtor must promptly file
the appropriate type of amendment specified by LBR 1009-2.
(f)
Cross-Reference. For the mailing list to be used for notices required to be sent to all
creditors, and the right of a creditor to request to be added to that list, see LBR 2002-2
(Mailing List).
Note: The Court posts the Clerk’s mailing matrix format instructions and matrix coversheet
forms
on
its
website
under
Forms
and
the
sub-category
of
Local
Forms
(www.dcb.uscourts.gov/local-forms). The List of Creditors and Mailing Matrix is used to prepare
the LBR 2002-2 mailing list for notices to creditors, but that mailing list can differ because, for
example, it uses creditors' preferred addresses.
RULE 1007-2.
SCHEDULE OR AMENDED SCHEDULE FILED AFTER FILING
OF INITIAL LIST OF CREDITORS AND MAILING MATRIX
When a Schedule D, E/F, G, or H (or an amended Schedule D, E/F, G, or H) is filed after the date
of filing of the initial List of Creditors and Mailing Matrix, the debtor must simultaneously file
either:
(a)
an Amendment to the List of Creditors and Mailing Matrix complying with LBR 1009-2,
or
(b)
a statement conforming with Local Official Form No. 12 that the schedule:
(1)
does not add any entity not included on the existing List of Creditors and Mailing
Matrix (as amended by any amendments that have been made thereto); and
(2)
does not change the name or address of any entity as listed on the existing List of
Creditors and Mailing Matrix (as amended by any amendments that have been
made thereto).
6
RULE 1007-3.
NOTICE REQUIRED IN A CHAPTER 11 CASE WHEN A
CREDITOR’S CLAIM IS SCHEDULED AS DISPUTED,
CONTINGENT, OR UNLIQUIDATED
If a creditor’s claim is listed on a schedule or amended schedule as disputed, contingent, or
unliquidated, and the case is pending in Chapter 11, then:
(a)
within 14 days after the filing of the first schedule or amended schedule that so lists the
creditor’s claim (or within 14 days after the case was converted to Chapter 11, if later),
the debtor must file and serve on the creditor a notice of the listing and a certificate of
service complying with LBR 5005-3; and
(b)
the notice must state that the creditor has a right to file a proof of claim by the later of the
bar date that would otherwise apply or 28 days after the date of mailing of the notice, and
that the creditor’s failure timely to do so may prevent the creditor from voting upon the
plan or participating in any distribution thereunder.
RULE 1007-4.
MAILING MATRIX FOR EQUITY SECURITY HOLDERS IN A
CHAPTER 11 CASE
(a)
General Requirement. Except as provided in paragraph (b), the debtor in a Chapter 11
case must file with the list required by Fed. R. Bankr. P. 1007(a)(3) a separate mailing
matrix listing the names and addresses of the equity security holders, identified as a
mailing matrix of equity security holders, utilizing the format specified by the Clerk for
the mailing matrix required by LBR 1007-1(a), and accompanied by a coversheet attesting
to the accuracy of the mailing matrix.
(b)
Exception. If there are no more than 10 equity security holders in the case, the debtor
may include those entities on the mailing matrix required by LBR 1007-1(a) with an
appropriate modification to the LBR 1007-1(b) coversheet indicating that the mailing
matrix also includes on it the names and addresses of the equity security holders required
by Fed. R. Bankr. P. 1007(a)(3) to be included on the separate list of equity security
holders.
Note: The exception in paragraph (b) does not relieve the debtor of the requirement to file a "list
of equity security holders of each class showing the number and kind of interests registered in
the name of each holder," etc., as required by Fed. R. Bankr. P. 1007(a)(3). This LBR recognizes
that in cases in which there are many equity security holders, it could impose significantly
7
increased noticing costs if equity security holders were added to the LBR 2002-2 mailing list
(which includes creditors derived from the LBR 1007-1(a) mailing matrix and which is utilized
for sending notices to all creditors under Fed. R. Bankr. P. 2002). Not all notices required to be
sent to creditors under Rule 2002 are required to be sent to equity security holders under Fed. R.
Bankr. P. 2002(d).
RULE 1007-5.
FILING OF PAYMENT ADVICES (OR OTHER EVIDENCE OF
PAYMENT) OR STATEMENT THAT NO SUCH DOCUMENTS
EXIST
(a)
At least 7 days before the date of the meeting of creditors under 11 U.S.C. § 341, the
debtor must:
(1)
separately file, with a cover sheet conforming with Local Official Form No. 9,
copies of all payment advices or other evidence of payment received by the debtor
from any employer within 60 days before the filing of the petition; and
(2)
mail copies of the filed documents to any creditor who, at least 14 days before the
date of the meeting of creditors under 11 U.S.C. § 341, has filed a request to
receive such copies.
(b)
The debtor must redact from the copies filed under paragraph (a)(1) any information
entitled to privacy protection under Fed. R. Bankr. P. 9037.
(c)
To protect against disclosure to the general public of information entitled to privacy
protection under Fed. R. Bankr. P. 9037, the Court’s electronic case filing system, upon
the filing being docketed using the correct docketing event, will permit the documents
filed under paragraph (a)(1) to be viewed by only:
(1)
the trustee (if any);
(2)
the Office of the United States Trustee;
(3)
the debtor;
(4)
the debtor’s attorney; and
(5)
the Court and Court staff,
8
but the docket entry will be a matter of public record and reflect the filing of the
documents.
(d)
If the debtor has received no payment advices or other evidence of payment from any
employer within 60 days before the filing of the petition, the debtor must, by the deadline
set forth in paragraph (a)(1), file a statement (utilizing Local Official Form No. 9) that the
debtor received no such statements.
ADOPTION OF INTERIM RULE 1007-I 2
RULE 1007-6.
Interim
Rule
1007-I
(available
at
http://www.uscourts.gov/sites/default/files/interim-
bankruptcy-rule-1007-i.pdf) is adopted as a Local Bankruptcy Rule.
RULE 1009-1.
(a)
AMENDED SCHEDULES
Requirement to Amend Schedules. A debtor must promptly file an amended schedule
whenever the existing schedule is materially inaccurate or whenever the debtor adds or
changes the name or address of an entity required to be on the LBR 1007-1(a) mailing
matrix.
(b)
Requirement of Amended Summary of Schedules and Signed Declaration Page When
Schedules Are Amended. When a debtor amends schedules, the debtor must include:
(1)
an Amended Summary of Schedules that:
(A)
indicates as to each required schedule whether an amendment is attached
and indicates as to each amended schedule the number of sheets attached;
and
(B)
sets forth the dollar amounts on the debtor’s schedules as amended by the
attached amendments to the schedules; and
2
Interim Rule 1007-I implements the National Guard and Reservists Debt Relief Act of 2008,
Public Law No. 110-438, as amended by Public Law No. 114-107. The amended Act, which
provides a temporary exclusion from the application of the means test for certain members of the
National Guard and reserve components of the Armed Forces, applies to bankruptcy cases
commenced in the 11-year period beginning December 19, 2008.
9
(2)
a signed declaration under penalty of perjury, attesting to the number of sheets of
amended schedules, and attesting that the Summary and the schedules, as
amended, are true and correct to the best of the debtor’s knowledge, information,
and belief.
(c)
Amendments to Schedule D, E/F, G, or H. When a debtor amends Schedule D, E/F, G,
or H, the debtor must comply with LBR 1007-2 (requiring the filing of a LBR 1009-2
amendment to the mailing matrix or a statement explaining why no amendment is needed).
(d)
Amended Schedules in a Chapter 11 Case That Treat Creditor’s Claim as Disputed,
Contingent, or Unliquidated.
Local Bankruptcy Rule 1007-3 governs an amended
schedule in a Chapter 11 case that lists a creditor’s claim as disputed, contingent, or
unliquidated.
RULE 1009-2.
AMENDMENT TO LIST OF CREDITORS AND MAILING
MATRIX
(a)
Requirement to File Separate and Distinct Amendments for the Four Different Types of
Amendments to List of Creditors and Mailing Matrix. When a debtor amends the LBR
1007-1(a) List of Creditors and Mailing Matrix, the four different types of amendment
(which must be filed separately and distinctly from one another) are:
(b)
(1)
to add entities;
(2)
to delete entities;
(3)
to change the address of an entity; and
(4)
to change the name of an entity.
Coversheet. An Amendment must include the form of coversheet (prescribed by the Clerk
and posted on the Court’s website) that applies to the particular type of Amendment to the
List of Creditors and Mailing Matrix being filed. The coversheet must be dated and must
contain a signed verification or declaration under 28 U.S.C. § 1746 establishing that the
mailing matrix, as amended by the attached list, is an accurate and complete listing of all
entities required to be listed under Fed. R. Bankr. P. 1007(a)(1) or Fed. R. Bankr. P.
1007(a)(2) (and additionally, in a case converted to Chapter 7, under Fed. R. Bankr. P.
1019).
10
(c)
Contents of List Appended to an Amendment’s Coversheet. The list appended to the
coversheet to the Amendment must:
(1)
list the entities who, as the case may be, are being added, deleted, having an
address changed, or having a name changed;
(2)
list the entities in alphabetical order of the names of the entities; and
(3)
include after the name of each entity, the address of the entity, including postal
ZIP Code.
An Amendment that deletes an entity must list the entity-to-be-deleted as it was previously
listed.
(d)
Format of List. The list appended to the Amendment’s coversheet must be submitted in
the format (regarding font and so forth) set by the Clerk and posted on the Court’s website
for the list to be appended to an initial List of Creditors and Mailing Matrix under LBR
1007-1(a).
(e)
Notice to Entities Affected by an Amendment (Other Than Entities Being Deleted from
the List of Creditors and Mailing Matrix). The party filing the Amendment must file,
separate from the Amendment, a certificate of service complying with Local Official
Form No. 13 reciting that the party has mailed by first class mail, to all entities affected
by the Amendment (other than entities being deleted from the List of Creditors and
Mailing Matrix):
(1)
the notice of the commencement of the bankruptcy case;
(2)
any notice from the clerk regarding conversion of the case;
(3)
any notice of the meeting of creditors;
(4)
any notice sent to all creditors regarding a deadline for opposing any motion not
yet decided or any hearing not yet held;
(5)
any notice to creditors of the deadline for filing any of the following:
(A)
a proof of claim; and
(B)
an objection to a disclosure statement not yet approved or to a plan not yet
confirmed; and
11
(6)
any currently proposed plan served on creditors or any already confirmed plan and
the order confirming the plan, but the party need not mail a copy of the certificate
of service of the plan to the affected entities.
(f)
Requirement Either to Pay Fee Triggered by Filing of an Amendment or to File
Certification That the Amendment Did Not Trigger a Fee. When an Amendment of the
List of Creditors and Mailing Matrix, 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 (an
appendix to 28 U.S.C. § 1930) (which is available on the Court’s website under
“Fees”), but need pay only one such fee for multiple documents filed on the same
date to make amendments to the List of Creditors and Mailing Matrix or to the
debtor’s Schedules; or
(2)
file a certification that no fee is owed because the Amendment:
(A)
only changed the address of a creditor or an attorney for a creditor listed
on the debtor’s schedules;
(B)
only adds the name or address of an attorney for a creditor listed on the
schedules; or
(C)
only relates to the debtor’s initial schedule filed to comply with Fed. R.
Bankr. P. 1019(5)(A)(i), (B)(i), (C)(ii), or (C)(iii) upon the conversion of
a case to Chapter 7.
RULE 1009-3.
AMENDED CHAPTER 11 LIST OF EQUITY SECURITY
HOLDERS
When an amended list of equity security holders adds, deletes, or changes the name or address of
an equity security holder:
(1)
the debtor must file with the amendment an amendment to the LBR 1007-4
mailing matrix for equity security holders in a Chapter 11 case (or to the LBR
1007-1(a) mailing matrix if equity security holders were included on that mailing
matrix), accompanied by a coversheet (as in the case of an amendment under LBR
1009-2) that addresses the particular type of change; and
12
(2)
the debtor must additionally mail to the equity security holder a copy of the
amendment and copies of any notices that were mailed to equity security holders
in the case.
RULE 1013-1.
DISPOSITION OF INVOLUNTARY PETITION
Dismissal of an involuntary petition is governed by LBR 1017-2(a). Consents to an involuntary
petition against a partnership are governed by LBR 1004-1.
RULE 1017-1.
(a)
CONVERSION UNDER § 706(a) OF THE BANKRUPTCY CODE
Unless otherwise ordered by the Court, a motion to convert a case under Chapter 7 to a
case under Chapter 11, 12, or 13 pursuant to § 706(a) of the Bankruptcy Code requires no
notice and opportunity for a hearing under Fed. R. Bankr. P. 9014 and no corresponding
notice of opportunity to object under LBR 9013-1(b)(3).
(b)
A motion to convert under § 706(a) must be served by first class mail on the Chapter 7
Trustee and the United States Trustee.
(c)
The Court may enter an order converting a case on the motion of the debtor filed pursuant
to § 706(a) without the necessity of a hearing if the following conditions are met:
(1)
no opposition to the motion is filed within 7 days of its entry on the docket; and
(2)
the Court determines based on the information available to it on the docket that
there is no reason to believe the conversion is being undertaken in bad faith or, for
a motion to convert to Chapter 13, that the debtor would be ineligible under 11
U.S.C. § 109(e) to be a debtor in Chapter 13.
Note: This LBR implements the holding of In re Pricer, No. 09-00452, 2009 WL 2855801
(Bankr. D.D.C. June 29, 2009).
RULE 1017-2.
(a)
DISMISSAL OF CASE
Dismissal of Involuntary Petition. Prior to dismissal of an involuntary petition on motion
of a petitioner or on consent of all petitioners and the debtor, or for want of prosecution,
the debtor must prepare and file a list of all creditors. Notice under LBR 2002-1 on a
petitioner's motion to dismiss, or on a motion to dismiss on consent of all petitioners and
13
the debtor, or on a motion to dismiss for want of prosecution, must contain the following
additional information:
(1)
A disclosure by the moving party of the reasons dismissal is sought;
(2)
The terms of any settlement reached with the debtor, including any consideration
received; and
(3)
A notice that any creditor may file objections or may join in the petition under 11
U.S.C. § 303(c).
(b)
Automatic Dismissal Under 11 U.S.C. § 521(i). To dismiss a case under the automatic
dismissal provisions of 11 U.S.C. § 521(i), a motion is required, and the notice of the
motion may set a deadline for opposing the motion of 3 days after the filing of the notice.
Unless the court orders otherwise, the motion must be filed within 21 days after the date
on which the case became subject to automatic dismissal under § 521(i).
(c)
Cross-Reference. For the effect of a motion to dismiss for failure to attend the meeting
of creditors on certain bar dates, including the Fed. R. Bankr. P. 1017(e)(1) bar date for
motions to dismiss for substantial abuse, see LBR 2003-1(b).
Note:
Local Bankruptcy Rule 1017-2(a) supplements 11 U.S.C. § 303(j) and imposes
requirements suggested by Collier. Local Bankruptcy Rule 9013-1 governs motions generally,
and LBR 2002-1 governs notice to creditors of the opportunity to oppose a motion to dismiss.
RULE 1019-1.
(a)
CONVERSION OF CASE TO CHAPTER 7
Form of Schedule Filed Under Fed. R. Bankr. P. 1019(5) Listing Unpaid Debt. A schedule
filed under Fed. R. Bankr. P. 1019(5) that lists an unpaid debt must:
(b)
(1)
list the name and address of the entity to whom the unpaid debt is owed; and
(2)
state the nature and amount of the debt.
Form of Schedule Filed Under Fed. R. Bankr. P. 1019(5)(C)(iii) of Executory Contracts
or Unexpired Leases. A schedule filed under Fed. R. Bankr. P. 1019(5)(C)(iii) must:
(1)
list the name and address (including ZIP Code) of each of the other parties to the
executory contract or unexpired lease; and
(2)
describe the contract or lease.
14
(c)
Adding to Mailing Matrix Entities Scheduled Under Fed. R. Bankr. P. 1019(5). Upon
filing a schedule (or amended schedule) of post-petition debts or post-petition executory
contracts or post-petition unexpired leases under Fed. R. Bankr. P. 1019(5):
(1)
the filer must file on the same date an amendment to the mailing matrix complying
with LBR 1009-2 (consisting of a coversheet under LBR 1009- 2(b) and an
attached list complying with LBR 1009-2(c) and (d)) in order to add to the mailing
matrix the entities listed on the schedule; and
(2)
if after conversion of the case and prior to docketing of the amendment to the
mailing matrix required by the preceding paragraph (1), the Clerk has issued any
notice under Fed. R. Bankr. P. 2002(f), then by the date of the filing of the
supplemental mailing matrix, the debtor shall mail, by first class mail, to each
entity listed on the schedule a copy of each such notice, and file a certificate of
mailing.
(d)
Statement That There Are No Unpaid Debts, Executory Contracts, Unexpired Leases, or
Property to Schedule Under Rule 1019(5). If there are no unpaid debts, executory
contracts, unexpired leases, or property to schedule under Fed. R. Bankr. P. 1019(5), then
by the deadline for filing a schedule of such matters under Fed. R. Bankr. P. 1019(5), the
debtor must file a verified statement or declaration under 28 U.S.C. § 1746 attesting to
that fact.
15
PART II
OFFICERS AND ADMINISTRATION; NOTICES; MEETINGS;
EXAMINATIONS; ATTORNEYS AND ACCOUNTANTS
RULE 2002-1.
(a)
NOTICE TO CREDITORS AND OTHER INTERESTED PARTIES
Scope of Rule. This Rule governs notices required under Fed. R. Bankr. P. 2002(a)
regarding certain motions, applications, or proposed acts.
(b)
Rule 2002(a) Notice of Period for Objections. Unless otherwise ordered by the court:
(1)
General Requirement of 21-Day Deadline. Except as provided in paragraphs (2)
and (3), a notice under Rule 2002(a) must conspicuously give the recipient notice
that by the date (calculated by the movant) that is 21 days after the later of the date
of filing or the date of service of the notice, the recipient must file an objection to
the relief sought or the relief may be authorized without an actual hearing. The
add-three-days rule of Fed. R. Bankr. P. 9006(f) does not apply to
computation of the 21-day period because the notice is of a specific deadline
date.
(2)
Shortening Deadline for Opposition
(A)
When a party files a notice (such as a notice of a proposed sale that does
not require a motion under LBR 6004-1(c)), an application, or a motion
to which Fed. R. Bankr. P. 2002(a) applies (a “Rule 2002(a) matter”), the
party may file a motion seeking an order, for cause, to shorten the
deadline for objecting to the relief sought.
(B)
Unless the Court orders otherwise, the motion to shorten time must be
served on any trustee in the case; the debtor; any party upon whom the
movant was required to serve a Rule 2002(a) motion (such as a lienor
who will be affected by a motion to sell property free and clear of liens);
and, in Chapter 11, the United States Trustee.
(C)
The notice of the opportunity to object to relief sought by the Rule
2002(a) matter must include:
16
(i)
notice that the movant has filed a motion to shorten the time to
object to the relief sought by the Rule 2002(a) matter (describing
the Rule 2002(a) matter, the relief sought, and the new deadline
requested);
(ii)
notice that if the requested shortening of the deadline to object is
granted, any opposition to the relief sought by the Rule 2002(a)
matter must be filed by [the date that is the requested new
deadline]; and
(iii)
notice that, if the requested shortening of the deadline is denied,
any opposition to the relief sought by the Rule 2002(a) matter
must be filed by [the date that is the deadline that will otherwise
apply] or such other date as the court may fix.
(3)
Optional Exception for Notice Under Fed. R. Bankr. P. 6004(b). When Fed. R.
Bankr. P. 6004(b) (regarding a proposed use, sale, or lease of property, other than
cash collateral) applies, a party may instead give notice that any objection, as
provided by that Rule, "shall be filed and served not less than seven days before
the date set for the proposed action," with notice of a hearing date (if one proves
necessary) that is a date that is at least 21 days after the later of the date of filing
or the date of service of the notice. The add-three-days rule of Fed. R. Bankr.
P. 9006(f) does not apply to computation of the 21-day period because the
notice is of a specific deadline date.
(4)
Optional Exception for Notice Under Fed. R. Bankr. P. 6004(d). When Fed. R.
Bankr. P. 6004(d) (regarding sales of property under $2,500) applies, a party may
instead give notice that any objection to the sale must be filed and served within
14 days of the mailing of the notice.
(c)
Content of Notice. The notice must substantially conform to Official Form No. 420A,
and, in addition to the information required for specific notices, a notice:
(1)
may state that if the Court determines that as a matter of law the explanation for
an objection does not establish a valid basis for objection, the Court may proceed
to dispose of the objection without a hearing;
17
(2)
must contain sufficient information to enable a party in interest to make a
reasonably well-informed decision whether to object to the action proposed in the
notice;
(3)
must state the address, telephone number, and email address of the party to be
contacted if parties in interest have questions regarding the subject of the notice;
and
(4)
may not state that an objecting party must attend a Court hearing in support of any
objection made.
Notice is sufficient under this paragraph if it is substantially in the form of Local Official
Form No. 4.
(d)
Service of Notice—General. A party serving a notice under this Rule must serve it based
on the current mailing list maintained by the Clerk under LBR 2002-2.
(e)
Limitation of Notice—Chapter 7. Unless otherwise directed by the Court, in a Chapter 7
case service of a notice to creditors under Fed. R. Bankr. P. 2002(a) is limited, as set forth
in Fed. R. Bankr. P. 2002(h), to (1) creditors that hold claims for which proofs of claim
have been filed, and (2) such other creditors who may file timely claims.
(f)
Limitation of Notice—Chapter 11. In a Chapter 11 case, if an official committee of
unsecured creditors has been appointed and the number of creditors exceeds 30, service
of a notice under Fed. R. Bankr. P. 2002(a)(2), (3), or (7) may, at the option of the party
giving notice, be limited to the debtor, any trustee, the United States Trustee, the members
of all official committees (or committee counsel, if appointed), and to those creditors and
equity security holders who have served on the debtor in possession (or the trustee when
a trustee has been appointed) and filed a request under LBR 2002-1(j) that all notices be
mailed to them.
(g)
Limitation of Notice—Chapter 13. In a Chapter 13 case, notice of a professional's
application for approval of compensation and reimbursement of expenses need only be
sent to the Chapter 13 Trustee, the debtor, the debtor's attorney (if different from the
applicant), and creditors who have filed and served on the trustee a request under LBR
2002-1(j) to receive all notices in the case.
(h)
Proponent to Give Notice. Except as stated elsewhere in the Bankruptcy Code, the Federal
Rules of Bankruptcy Procedure, these Local Rules, or by order of the Court, the proponent
18
of any action requiring notice governed by this Rule must transmit the notice, unless the
Clerk determines to give the notice.
(i)
Certificate of Service. Within 2 days after completion of service of a Rule 2002(a) notice,
the entity that made service must file a certificate of service complying with LBR 50053.
(j)
Entities Requesting to Receive All Notices. Any entity entitled generally to receive
notices in the case who wishes to receive all notices under Fed. R. Bankr. P. 2002 must
file a document styled "Request to Receive All Notices Under Rule 2002 in Case" which
the Clerk must docket. The request must be served on the trustee or debtor in possession.
The Clerk shall add the entity to the mailing list under LBR 2002-2 if it is not already on
that mailing list.
(k)
Hearing. In a proceeding to which this Rule applies, the Court may set a hearing if timely
objection is filed to the proposed action or the Court otherwise deems a hearing
appropriate. Other procedures governing the setting of a hearing are set forth in LBR
5070-1. The conduct of a hearing is governed by LBR 9073-1.
(l)
Cross-References. Local Bankruptcy Rule 9013-1(c) governs the entities to be served
with a motion itself as distinct from the entities to be given notice of the motion.
Note: Pursuant to 11 U.S.C. § 102, an act may be authorized without an actual hearing if no
hearing is timely requested after notice of an opportunity to oppose the act. Except where a Fed.
R. Bankr. P. such as Fed. R. Bankr. P. 6004(d) and 6007 specifies a deadline "after mailing of
the notice," paragraph (b) authorizes notice to object by a set date, instead of, for example, a
deadline of 21 days after the service of the notice, thereby avoiding the requirement of Fed. R.
Bankr. P. 9006(f) of adding 3 days to the response time when the time to act is measured from
the date of mailing.
RULE 2002-2.
(a)
MAILING LIST
Mailing List for Notice to Creditors. The Clerk maintains in the Court’s CM/ECF system
(or such other entity as the Court shall direct shall maintain) a mailing list to be utilized
whenever notice is required to be sent to all creditors. That mailing list consists of the
names and addresses of entities listed on the LBR 1007-1(a) mailing matrix, as modified
by any supplemental mailing matrix, and as further adjusted by the Clerk to take into
account, for example, preferred addresses (as under 11 U.S.C. § 342(f) or Fed. R. Bankr.
19
P. 2002(g)(1)) that have been submitted, and addresses that result in mail being
undeliverable.
(b)
Mailing List for Notices to Equity Security Holders. In a Chapter 11 case, the Clerk
maintains in the Court’s CM/ECF system a separate mailing list for equity security holders
unless the equity security holders were listed on the mailing matrix required by LBR 10071(a).
(c)
Request to be Added to the Mailing List. An entity having an interest in the case may file
a request to the Clerk to be added to the mailing list under paragraph (a) or (b) above, as
the case may be. If the entity is a creditor, an equity security holder, or an attorney for
any of the foregoing, the Clerk must add that entity to the mailing list, but otherwise the
Clerk may exercise discretion whether to add the entity to the mailing list. A request
under this LBR 2002-2(c) shall not suffice to comply with LBR 2002-1(j) regarding a
creditor’s request to receive all notices.
(d)
Request to Change Address on the Mailing List. An entity may file a request directing
how notices under Rule 2002 must be addressed to it and requesting that the list under
LBR 2002-2(a) or LBR 2002-2(b), as the case may be, be changed accordingly.
RULE 2002-3.
FILING OF DESIGNATION UNDER § 342(f) OF THE
BANKRUPTCY CODE OF A CREDITOR'S PREFERRED
ADDRESS
Under 11 U.S.C. § 342(f), an entity may file with any bankruptcy court a notice of address, to be
used by all bankruptcy courts or by a particular bankruptcy courts, to provide notice to such entity
in Chapter 7 and 13 cases in which the entity is a creditor. Any § 342(f) notice of a preferred
address must be filed with the National Creditor Registration Service (NCRS). Forms for
registration of a preferred address are available at https://ncrs.uscourts.gov/.
RULE 2003-1.
MEETING OF CREDITORS AND EQUITY SECURITY
HOLDERS
(a)
A request to continue a meeting of creditors must, except in extraordinary circumstances,
be made in advance or at the meeting of creditors, and made as follows: in Chapter 13
cases to the standing Chapter 13 Trustee; in Chapter 7 cases to the interim Chapter 7
Trustee; and in Chapter 11 cases to the United States Trustee:
20
(1)
Upon denial of or a failure to act upon the request, a motion may be filed with the
Court.
(2)
If the request is granted prior to the meeting of creditors, then within 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
complying with LBR 5005-3. Notice must be given in the form, if any, approved
by the Clerk and posted on the Court's website.
(b)
In cases under Chapter 7 or 11, if the debtor fails to appear at a meeting of creditors:
(1)
any motion to dismiss on that basis is deemed to include a motion to enlarge the
time, if not already expired, for objecting to discharge or moving to dismiss the
case on other grounds, until the later of 60 days after resolution of the motion to
dismiss or 60 days after resolution of any motion to vacate an order granting the
motion to dismiss; and
(2)
an order acting on the motion, unless it indicates otherwise, is deemed to grant
such enlargement of time.
(c)
If the debtor does not appear as required at the meeting of creditors under 11 U.S.C. § 341
or at a continuation of that meeting of creditors, the meeting is deemed not to have been
concluded for purposes of Fed. R. Bankr. P. 4003(b).
RULE 2004-1.
EXAMINATIONS
A motion under Fed. R. Bankr. P. 2004 for an examination of or the production of documents by
an entity other than the debtor (or for permission to issue a subpoena to the debtor for such an
examination or production) need not include the notice required by LBR 9013-1(b)(3) to
accompany motions commencing contested matters and the movant may submit a praecipe
requesting the Clerk to bring the motion to the Court for a ruling without awaiting a response.
Unless special cause is shown, the court will defer acting on the motion for 7 days.
Note: This Rule is designed to expedite the granting of orders allowing examinations under Fed.
R. Bankr. P. 2004 of entities other than the debtor. Such an order must be enforced by service of
a subpoena, such that any defenses to the examination can be raised in response to the subpoena
under Fed. R. Civ. P. 45 (made applicable by Fed. R. Bankr. P. 9016). When a motion seeks to
21
compel the debtor to appear for an examination and to produce records, any defenses to the
examination of the debtor or to the production of the debtor's records should be raised in response
to the motion because the order will adjudicate the parties' rights and will be subject to
enforcement by the Court's contempt powers, with the propriety of the order no longer at issue
except on appeal. This would not be the case when the motion only seeks permission to issue a
subpoena to the debtor for an examination or production of records (as opposed to an order
requiring the debtor, whether subpoenaed or not, to appear for examination or to produce
records).
RULE 2014-1.
APPLICATIONS TO EMPLOY PROFESSIONALS
Unless otherwise ordered by the Court, when a debtor in possession in a Chapter 11 case or a
trustee in any case files an application to employ a professional, the application must include:
(1)
a notice of opportunity to object to the application by the later of 21 days after the
filing of the petition and 14 days after the date of filing of the application; and
(2)
a certificate of service reflecting that the application was mailed to:
(A)
the Office of the United States Trustee;
(B)
any committee appointed in the case (or its counsel); and
(C)
if no committee of unsecured creditors has been appointed in a Chapter 11
case, the creditors listed under Fed. R. Bankr. P. 1007(d).
Note: The limitation that oppositions to the application are due no earlier than 21 days after the
filing of the petition is derived from Fed. R. Bankr. P. 6003(a).
RULE 2015-1.
MONTHLY OPERATING REPORTS
In a Chapter 11 case, the debtor in possession or the trustee must file with the Court all monthly
operating reports that are transmitted to the United States Trustee.
RULE 2016-1.
(a)
COMPENSATION OF PROFESSIONALS
Applications of Professionals for Compensation and Reimbursement—Contents. Any
professional seeking interim or final compensation for services and reimbursement of
22
expenses under 11 U.S.C. §§ 330, 331, or 503(b)(2) or (4) must file an application for
compensation and reimbursement. In addition to the information specifically required by
Fed. R. Bankr. P. 2016(a), the application must also include:
(1)
the time period during which the services were performed;
(2)
the date of any order authorizing the employment;
(3)
the date and amount of any pending fee application, of any prior fee allowance,
and of any retainer or payment;
(4)
a brief narrative statement concerning the services performed, the total time spent
performing the services, and the results achieved, including, in the case of an
attorney, how the attorney's efforts have contributed to the estate (in light of its
present status and the anticipated additional time and fees that will be necessary
to conclude the case);
(5)
if the applicant intends to seek compensation as both attorney and trustee, a
recitation that fees are not being sought by the individual as attorney for work
which is the responsibility of the trustee (it being advisable separately to list time
spent as trustee);
(6)
when the fees sought exceed $50,000, a summary or cover sheet that provides a
synopsis of the following information:
(A)
total compensation and expenses requested and any amount(s) previously
requested;
(B)
total compensation and expenses previously awarded by the Court;
(C)
name and applicable billing rate for each person who billed time during
the period, and date of bar admission for each attorney;
(D)
total hours billed and total amount of billing for each person who billed
time during the billing period; and
(E)
computation of blended hourly rate for persons who billed time during
period, excluding paralegal or other paraprofessional time;
(7)
a chronological itemization of services performed which includes the date each
service was performed, the amount of time spent in performing each service, and
a narrative description of each service performed. If the itemization of services is
23
extensive or complex, as in the case of multiple adversary proceedings or
substantial contested matters, the chronological itemization must be done by
project, dispute, or subject matter and include a summary setting forth the
information required by paragraphs (6)(D) and (6)(E) above with respect to the
time spent on such project, dispute or subject matter. Such "project billing" is
presumptively required when the application seeks in excess of $50,000;
(8)
a separate document styled "List of Each Day on Which an Employee Spent More
Than 12 Hours" listing each employee who is billing for more than 12 hours in a
given day, the amount of time the employee is billing and the tasks performed for
that day;
(9)
an itemization of actual, necessary expenses incurred:
(A)
stating that, except for expenses listed in the amount charged by the vendor
of the service or item to the applicant, each charge is in an amount
reflecting the applicant's ordinary rate of charge and indicating what the
ordinary unit rate of charge is for each separate category of service (e.g.,
photocopying and facsimile transmission or receipt charges); and
(B)
when charges are made for travel and related expenses, itemizing each
travel expense (including the class of travel), with each hotel and meal
expense separately stated and limited to an amount that is charged for a
class other than luxury, deluxe, or first class; and
(10)
when an attorney seeking interim compensation was employed by the Chapter 7
Trustee, the application must additionally include the following:
(A)
a summary of the status of the case, including, to the best of the applicant's
knowledge, the projected date for the trustee's final report;
(b)
(B)
an estimate of the funds that will be available to unsecured creditors; and
(C)
the amount of funds then on hand in the Chapter 7 case.
Notice. Notice of an application for compensation and reimbursement of expenses is
governed by LBR 2002-1. When Fed. R. Bankr. P. 2002(a) does not require service on
creditors (because of the small amount applied for), a notice as described in LBR 2002-1
must be served on the debtor, the debtor's attorney (if different from the applicant), the
trustee, and, in cases under Chapter 7 or 11, the United States Trustee.
24
RULE 2016-2.
RULE 2016(b) DISCLOSURES AND TREATMENT OF
PAYMENTS FROM PROPERTY OF THE ESTATE
(a)
Required Disclosures. In complying with Fed. R. Bankr. P. 2016(b), an attorney shall
provide in the statement required by 11 U.S.C. § 329 the additional information elicited
by Local Form No. 10 regarding services to be provided and details regarding the
services covered by a flat fee versus those covered by an hourly rate.
(b)
Sanctions for Failure to Make Timely Fed. R. Bankr. P. 2016(b) Disclosure. Failure to
make timely disclosure under Fed. R. Bankr. P. 2016(b) may lead to disallowance of
compensation and disgorgement of fees.
(c)
Disclosing Payment Received From a Source Already Disclosed or a Deposit for Payment
of Fees. The requirement under Fed. R. Bankr. P. 2016(b) that an attorney disclose any
payment of fees or arrangement for payment of fees extends to:
(1)
any payment received even if the initial Fed. R. Bankr. P. 2016(b) statement
disclosed the source of future payment of fees; and
(2)
any deposit made with the attorney for possible payment of fees, but a statement
need not be filed disclosing a receipt of a payment authorized by order of the
Court.
(d)
Collection of Fees Out of Payment From Property of the Estate Requires a Court Order.
An attorney may not collect a fee from property of the estate without an order of the Court
authorizing the payment.
(e)
Postpetition Deposit of Property of the Estate for Eventual Payment of Fees. After the
commencement of a case, an attorney may accept a deposit of estate funds to be held in
the attorney's trust account to be used for possible payment of attorney's fees, but only if
the debtor and the attorney have agreed in writing that, until otherwise ordered by the
Court, the funds remain subject to the debtor's direction and control.
Note: This Rule implements In re Taylor, No. 03-01393, 2004 WL 1746112 (Bankr. D.D.C. Aug.
4, 2004) (available on Court's website), and In re Williams, No. 08-00116, 2008 WL 2890933
(Bankr. D.D.C. July 21, 2008) (available on Court's website). Paragraph (d) has particular
relevance in Chapter 13 cases. In this District, the order confirming a Chapter 13 plan usually
provides that property of the estate remains property of the estate and thus such property does
25
not revest in the debtor notwithstanding 11 U.S.C. § 1327(b). Payment of fees from estate funds
requires a court order. An attorney may not accept a deposit of estate funds for possible payment
of attorney's fees unless the debtor and the attorney have agreed in writing that, until the Court
orders otherwise, the funds are to remain subject to the debtor's direction and control, and the
attorney discloses the deposit.
RULE 2016-3.
COMPENSATION OF DEBTOR OR DEBTOR'S OFFICERS,
PARTNERS, AND DIRECTORS IN CHAPTER 11
(a)
Unless otherwise ordered by the Court, the rate of compensation paid in a Chapter 11 case
of each member of a debtor partnership, or to an officer or director of a debtor corporation,
or to an individual debtor after the filing of the petition must not exceed the rate of
compensation of those persons 90 days prior to the filing of the petition.
(b)
Within 21 days after the date of filing of the petition, the debtor must file and serve on the
United States Trustee and any committee of unsecured creditors (or, if no such committee
has been appointed, the creditors listed under Fed. R. Bankr. P. 1007(d)) a statement:
(1)
listing the names of the individual(s) who, depending on the type of debtor
involved, are:
(2)
(A)
the debtor, if the debtor is an individual;
(B)
members of the debtor partnership;
(C)
the officers and directors of the debtor corporation; and
(D)
other insiders drawing compensation from the debtor; and
listing as to each individual listed in paragraph (1);
(A)
the position and duties of the individual; and
(B)
the rates of compensation of the individual:
(i)
at the point of 90 days prior to the filing of the petition;
(ii)
at the time of the filing of the petition; and
(iii)
as of the time the statement is filed.
26
RULE 2016-4.
ADMINISTRATIVE CLAIMS OF ENTITIES OTHER THAN
PROFESSIONALS
Except for fees and expenses subject to 11 U.S.C. § 330, a Chapter 7 Trustee has authority, prior
to approval of the final report, without further order of the Court, to pay:
(1)
reasonable and necessary administrative expenses (other than administrative
taxes) in an aggregate amount not exceeding the amount that is double the
permissible exemption amount, as of the date of the last payment, under 11 U.S.C.
§ 522(d)(6); and
(2)
administrative taxes.
Note: The § 522(d)(6) exemption amount is adjusted under 11 U.S.C. § 104(b)(1) every three
years commencing April 1, 1998.
RULE 2072-1.
NOTICE TO OTHER COURTS WITH PENDING ACTIONS
The Debtor, petitioning creditor(s), or other party filing a bankruptcy case must promptly send
notice of the bankruptcy filing to the following persons:
(1)
the clerk of any court where the debtor is a party to a pending civil action and all
parties of record;
(2)
chambers of any judge specially assigned to a pending civil action in which the
debtor is a party;
(3)
the clerk of an appellate court considering an appeal regarding a civil action; and
(4)
parties handling a non-judicial foreclosure, including where applicable any
auction company and any trustee on the deed of trust.
Note: The failure to provide notice under this Rule is not intended to exclude a showing that a
party received notice by other means.
RULE 2090-1.
(a)
ADMISSION OF ATTORNEYS TO PRACTICE
Attorneys Authorized to Practice Pursuant to DCt.LCvR 83.2. Attorneys may practice
before this Court, as a unit of the District Court, in accordance with DCt.LCvR 83.2
(Practice By Attorneys) (with any certificate regarding appearance as sole or lead counsel
27
in a contested evidentiary hearing or trial on the merits required by DCt.LCvR 83.2(b) to
be filed with the Clerk of the District Court in a form prescribed by that Clerk), but:
(1)
DCt.LCvR 83.2(h) (Entry and Withdrawal of Appearance) is supplanted by LBR
9010-1, 9010-2 and 9010-3; and
(2)
DCt.LCvR 83.2(j) (Certification by Non-Members of Bar of this Court) does not
apply (but all counsel are nevertheless required to be familiar with the Local Rules
of this Court).
(b)
Other District Court Local Rules Applicable to Practice of Attorneys in Bankruptcy Court.
The following District Court Local Civil Rules apply to attorneys practicing in this Court
as a unit of the District Court: 16.2; 83.3; 83.5; 83.8 through 83.9; 83.12 through 83.15
(with any notification under Rule 83.15(b) to be filed with the Clerk of the District Court);
and 83.16 through 83.20.
(c)
Entry of Appearance; Scope of Duties Imposed by Entry of Appearance. The entry of
appearance of counsel and the duties arising from such entry are governed by LBRs 90101 through 9010-5.
(d)
Law Students. Law students may practice before this Court in accordance with DCt.LCvR
83.4, with the following modifications:
(1)
subsection (b)(1)(ii) is modified to read: "Have completed at least 2 semesters of
legal studies, or the equivalent, and have completed or are in the midst of
completing three semester hours, or the equivalent, in bankruptcy law or a clinic
specializing or concentrating in the handling of bankruptcy cases";
(2)
subsection (b)(1)(iii) is modified to strike the words "and Criminal" and have
added after the words "Professional Responsibility" the following: "and have
knowledge of the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure,
the Local Bankruptcy Rules, and such other statutes or rules that may be or become
applicable to bankruptcy cases and proceedings";
(3)
subsection (b)(3)(vi) is modified to read: "Supervise concurrently no more than
twenty-five (25) students carrying clinical practice in bankruptcy as part of their
academic program, with a total of not more than five (5) students per semester, or
equivalent, being certified and practicing under this Rule".
28
Note: This rule adopts the District Court’s Civil Local Rules regarding attorneys (such matters
as membership; avoidance and resolution of conflicts in engagements; and disciplinary
procedures of attorneys) with no or minor modifications.
RULE 2090-2.
COURT-APPOINTED REPRESENTATION
Attorneys who are members in good standing of the Bar of the United States District Court for
the District of Columbia are urged whenever requested by the Court to assist or represent parties
who cannot afford to retain counsel to represent them in bankruptcy matters before this Court
and, if necessary, without compensation unless exempted by rule or statute.
RULE 2090-3.
ATTORNEYS REPRESENTING INDIGENT PARTIES
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 or of the highest court of any State may
appear, file papers, and practice in any case handled without a fee on behalf of indigent parties
upon filing a certificate that the attorney is providing representation without compensation.
RULE 2090-4.
(a)
BANKRUPTCY PRO BONO PANEL
Attorneys who are members in good standing of the Bar of the United States District Court
for the District of Columbia are urged whenever requested by the Court under LBR 20902 to assist or represent litigants who cannot afford to retain counsel to represent them in
bankruptcy matters before this Court and, if necessary, without compensation unless
exempted by rule or statute. As one way to assist attorneys in meeting this request, and
in light of the need for attorneys to represent indigent pro se litigants in bankruptcy matters
before this Court, the Court hereby establishes a Bankruptcy Pro Bono Panel (the "Panel")
of attorneys who are members in good standing of the Bar of the United States District
Court for the District of Columbia (and of attorneys who are otherwise eligible to practice
before this Court pursuant to LBR 2090-3), and who have agreed to accept pro bono
appointments to represent indigent parties in bankruptcy matters before this Court.
Members of the Bar of the United States District Court for the District of Columbia are
urged to volunteer to serve on this Panel.
29
(b)
The following procedures shall govern the assignment of attorneys from the Bankruptcy
Pro Bono Panel to represent pro se parties who cannot obtain counsel by any other means:
(1)
Bankruptcy Task Force. The Bankruptcy Court shall appoint a Bankruptcy Task
Force, which shall include private practitioners and government attorneys who are
members of the District of Columbia Bar and who practice in this Court, to oversee
the Bankruptcy Pro Bono Panel established herein and annually report to the Court
and to the D.C. Circuit Judicial Conference Standing Committee on Pro Bono
Legal Services on the operation of the Panel.
(2)
Bankruptcy Pro Bono Panel.
(A)
Attorneys, law firms, and clinical legal education programs ("Clinics") at
law schools accredited by the American Bar Association that are willing
to accept appointment to represent indigent pro se parties in bankruptcy
matters may apply to join the Panel. Application forms shall be available
from the Clerk. Each application must set forth, among other things:
(i)
in the case of a law firm, the name of an attorney in the firm
designated as the Panel Liaison, to whom orders of appointment
may be directed;
(ii)
that the individual attorney, Panel Liaison, or supervisor of the
Clinic is a member in good standing of the Bar of the United States
District Court for the District of Columbia or eligible to practice
pursuant to LBR 2090-3;
(iii)
the attorney's prior bankruptcy representation and/or trial
experience;
(iv)
whether the attorney, law firm, or Clinic has the ability to consult
and advise in languages other than English;
(v)
the number of cases per calendar year that the applicant is willing
to accept; and
(vi)
any particular experience or interest of the applicant that should be
considered when assigning bankruptcy matters, as well as any
types of bankruptcy matters to which the applicant desires not to
be assigned.
30
(B)
Information on an application may be amended at any time by letter to the
Clerk. An attorney, law firm, or Clinic may by letter withdraw from the
Panel at any time.
(3)
Appointment of Counsel. When documentation or other evidence is submitted
certifying that a pro se party cannot afford to retain counsel by other means, the
Court may, whether by application of the pro se party, or otherwise, refer such
party to an attorney from the Panel for representation. The referral should be made
taking into account:
(A)
whether the party is a party (or prospective party) in an adversary
proceeding or a contested matter;
(B)
the nature and complexity of the action;
(C)
the potential merit of the pro se party's claims or defenses;
(D)
the degree to which the interests of justice will be served by appointment
of counsel, including the benefit that the Court may derive from the
assistance of the appointed counsel; and
(E)
(4)
any other relevant factors.
Appointment Procedure.
(A)
Whenever the Court concludes that the services of pro bono counsel are
warranted, the Court shall issue a referral ("Referral Form") to the Clerk
requesting an assignment from the Panel to represent the pro se party. The
Court may suggest a specific attorney from the Panel to receive the referral
or may advise the Clerk to attempt to select an attorney with particular
expertise or experience.
(B)
Upon receiving the Referral Form, the Clerk shall select a member of the
Panel. In making the selection, the Clerk shall take into consideration the
experience and preferences of Panel members regarding specific types of
cases and the equitable distribution of cases among Panel members.
(C)
The Clerk shall contact the Panel attorney and, if that attorney is interested
and available, so advise the Court. The Court will then enter an order (the
"Appointment Order") directing the appointment of the attorney, subject
31
to the attorney's right under paragraph (5)(B)(ii), below, and directing the
Clerk to send a copy to the Panel attorney of the Appointment Order, this
Rule and any pleadings, relevant correspondence or other documents not
readily accessible from the Court's electronic docket.
(5)
Acceptance of Appointment by Appointed Attorney.
(A)
Upon receiving the Appointment Order, and unless a conflict of interest is
apparent from the materials obtained through the Court's electronic docket
or sent by the Clerk under paragraph (b)(4) above, the appointed attorney
shall promptly communicate with the pro se party regarding the
proceeding. Such communication shall include exploration of any actual
or potential conflicts of interest and, if the absence of any conflicts can be
established, whether the party has meritorious claims and/or defenses to
raise, and whether the dispute can be resolved more appropriately in other
forums or by other means.
(B)
After any such consultation with the pro se party, the appointed attorney
shall, within 14 days of entry of the order of appointment or within such
other time ordered by the Court for good cause shown, file either:
(i)
a notice of appearance by the appointed attorney (and by any other
attorney in the appointed attorney's law firm or Clinic who will also
represent the party) pursuant to LBR 9010-1(d); or
(ii)
a notice declining representation and, to the extent possible, the
justification.
(C)
If a notice of appearance is filed pursuant to paragraph (5)(B)(i) above,
each attorney entering an appearance shall represent the party in the
proceeding from the date that the attorney files an appearance until
(i)
the attorney has been relieved of the assignment by the Court
according to the provisions of this Rule and LBR 9010-2;
(ii)
the proceeding has been dismissed;
(iii)
the proceeding has been transferred (other than by way of
withdrawal of the reference under 28 U.S.C. § 157(d)) to another
Court; or
32
(iv)
a final appealable judgment or order has been entered in the
proceeding by the Court.
The notice of appearance shall state with respect to each attorney making
an appearance whether that attorney agrees to file a notice of appeal on
behalf of the party (but not necessarily to further pursue the appeal on the
party's behalf) should an adverse final appealable judgment or order be
entered by the Court.
(D)
Limits of Representation.
(i)
Notwithstanding LBR 9010-3, an attorney accepting an
appointment pursuant to this Rule shall not be required to represent
the party in any other matter or proceeding.
(ii)
However, the appointed attorney may upon agreement with the
party submit a proposed order amending the earlier appointment
order to reflect an expansion of the proceedings for which
representation is being provided.
(iii)
The appointed attorney is not required to pursue an appeal on
behalf of the party from any adverse order or judgment of the
Court, but, pursuant to paragraph (ii) above, the Court may expand
the attorney's representation to include representation of the party
with respect to part or all of the pursuit of an appeal. By way of
illustration and not limitation, the Court may, upon the submission
of a proposed order by the party's attorney, expand the appointment
to include (1) the filing of a notice of appeal only; (2) the filing of
a notice of appeal and the designation of the record and statement
of issues presented on appeal required by Fed. R. Bankr. P. 8006,
but not the appeal itself; or (3) the entire appeal, including
representation of the party before the appellate court.
(6)
Relief from Appointment.
(A)
An appointed attorney may be relieved of an order of appointment, after
acceptance of that appointment, only as provided in LBR 9010-2 or, where
the appointment is with regards to a proceeding that is transferred to the
District Court for the District of Columbia pursuant to an order
33
withdrawing the reference to this Court, as provided in DCt.LCvR
83.11(b)(6).
(B)
If an appointed attorney is relieved from an order of appointment, the Court
may issue an order directing appointment of another attorney to represent
the party, or may issue such other orders as may be deemed appropriate.
(7)
Discharge of Appointment.
(A)
A party for whom an attorney has been appointed shall be permitted to
request the Court to discharge the attorney from representation and either
attempt to appoint another attorney or allow the party to proceed pro se.
(B)
When such a request is made, the Court may, in its discretion, forthwith
issue an order discharging the attorney from further representation of the
party in the action and may, in its discretion, refer the party to another
attorney to undertake the representation pursuant to paragraph (b)(4). If a
party requests discharge of a second attorney, no additional referrals shall
ordinarily be made.
(8)
Attorney Fees.
(A)
The attorney shall represent the party without receiving a fee, except upon
order of the Court (i) where a party makes material misrepresentations
regarding assets or the ability to afford counsel, or where there is a material
change in the financial circumstances of the party, or it is otherwise
determined by the Court that the circumstances of the party are such that
the payment of a fee is reasonable; or (ii) where a fee or expenses may be
recoverable by a litigant under an applicable rule, statute or other law. The
appointed attorney shall advise the party of the possibility of such a fee.
(B)
Any recovery of attorney fees pursuant to subpart (8)(A) of this Rule shall
be permitted only if the retainer agreement provides for the recovery of
such fees.
(9)
Training Sessions. The Bankruptcy Task Force may, in cooperation with the
District of Columbia Bar, organize and conduct educational programs to train and
advise attorneys on the Panel in the preparation for and representation of the most
34
common types of bankruptcy matters involving pro se parties brought before this
Court.
(10)
Appointment of Non-Panel Attorneys or Legal Organizations. Nothing in this
Rule shall be interpreted to preclude the Court from requesting an attorney, law
firm, Clinic, or legal organization that is not on the Panel to represent a party who
is otherwise proceeding pro se in this Court. In addition, nothing in this Rule shall
be interpreted to preclude an attorney who is not a member of the Bar of the United
States District Court for the District of Columbia, but who qualifies under LBR
2090-3 to practice before this Court, from representing an indigent party subject
to the conditions of LBR 2090-3.
RULE 2091-1.
WITHDRAWAL OF AN ATTORNEY’S APPEARANCE
Rules governing withdrawal of an attorney's appearance are contained in LBR 9010-2.
35
PART III
CLAIMS AND DISTRIBUTION TO CREDITORS AND
EQUITY INTEREST HOLDERS; PLANS
RULE 3003-1.
NOTICE REQUIRED IN A CHAPTER 11 CASE WHEN A
CREDITOR'S CLAIM IS SCHEDULED AS DISPUTED,
CONTINGENT, OR UNLIQUIDATED
Local Bankruptcy Rule 1007-3 governs the required notice when a creditor's claim is scheduled
as disputed, contingent, or unliquidated in a Chapter 11 case.
RULE 3007-1.
(a)
OBJECTIONS TO CLAIMS
General Requirements. An objection to claim must:
(1)
state with particularity the grounds of the objection;
(2)
set forth the relief requested;
(3)
attach any affidavit (or 28 U.S.C. § 1746 declaration under penalty of perjury) or
memorandum filed in support of the objection;
(4)
attach a notice complying with paragraph (c);
(5)
include the proposed order required by LBR 9072-1; and
(6)
include a certificate of service complying with LBR 5005-3 and reflecting service
as required by paragraph (e) below.
(b)
Hearing When Objection Is Unopposed. When the creditor fails to respond to an objection
to its claim and the claim constitutes prima facie evidence of the validity and amount of
the claim under Fed. R. Bankr. P. 3001(f), the Court may set a hearing to take evidence to
rebut the prima facie validity and amount of the claim unless the party filing the objection
to claim has attached an affidavit or affidavits to the objection that suffice to rebut the
prima facie validity of the claim or its amount.
(c)
Notice. An objection to claim must include a notice, substantially conforming to Official
Form 420B with the following modifications:
36
(1)
the notice shall not include the paragraph in Official Form 420B directing the
creditor to "Attend the hearing . . . .";
(2)
the notice must advise that the creditor may attach any affidavits, documents, and
other evidence the creditor wishes to attach in support of its claim; and
(3)
the notice must advise the creditor that if as a matter of law, the response fails to
set forth an adequate defense to the objection to the claim, the Court may rule on
the objection without a hearing.
(d)
Local Form of Notice. A notice complies with this Rule if it is substantially in the form
of Local Official Form No. 6.
(e)
Service. The objecting party must serve the objection in compliance with Fed. R. Bankr.
P. 3007(a)(2), and additionally, in the case of a creditor that is the District of Columbia,
by mailing a copy by first class mail to the Office of the Attorney General of the District
of Columbia, with the envelope addressed to the attention of “Office of Attorney General,
Bankruptcy Counsel.”
(f)
Cross-References. Local Bankruptcy Rules 5070-1, 5071-1, and 9073-1 govern hearings.
Local Bankruptcy Rule 9014-1 makes certain Part VII (Adversary Proceedings) rules
applicable to an objection to claim.
RULE 3015-1.
(a)
CHAPTER 13—PLAN
Requirement for use of Local Chapter 13 Plan Form. In a case commenced on or after
December 1, 2017, the required Chapter 13 Plan (Local Official Form 14) must be used
without alteration, except as otherwise provided in these rules or in instructions issued
by the Court. (The Form may be used in a case commenced before December 1, 2017.)
The Form may be modified to permit minor changes not affecting wording or the order
of presenting information, including changes that:
(1)
expand the prescribed areas for responses in order to permit complete responses;
(2)
delete space not needed for responses; or
(3)
delete items requiring detail in a question or category if the filer indicates—
either by checking “no” or “none” or by stating in words—that there is nothing
to report on that question or category.
37
(b)
Service. In a Chapter 13 case, the debtor or the attorney for the debtor must mail a copy
of the debtor's plan, on the date of the plan, to all creditors and the additional entities
specified on the required Local Official Form 14, and complete the certificate of service
that accompanies Local Official Form 14.
(c)
Notice of Deadline for Objections. The plan must include a conspicuous notice of the
deadline for filing and serving an objection to confirmation of the plan upon the debtor,
the debtor's attorney, and the Chapter 13 Trustee. Unless the Court approves notice of a
different deadline, the deadline for a creditor to file and serve an objection to a plan is
21 days after the date of the plan.
RULE 3015-2.
(a)
CHAPTER 13—AMENDMENTS TO PROPOSED PLAN
General. The requirements of LBR 3015-1 apply to any amended Chapter 13 plan
except that:
(1)
a plan that only increases payments to the trustee need be served only on
the trustee; and
(2)
the Court, when the Court deems it appropriate, may allow the debtor to amend
the plan by a praecipe not served on creditors or by oral amendment at the
confirmation hearing, in which event the order of confirmation must reflect any
such amendments.
(b)
Confirmation of Amended Plan When It Does Not Materially Adversely Affect Any
Creditor. The Court may confirm an amended Chapter 13 plan without awaiting the
expiration of the time for objections thereto if:
(1)
there was a prior plan as to which the time to object expired before any
amended plan was filed;
(2)
any entity that objected to that prior plan consents to confirmation of the
amended plan or the amended plan moots that entity’s objections;
(3)
no other entities timely objected to that prior plan and the changes proposed
by the amended plan do not adversely affect such other entities; and
(4)
the Court determines that the plan otherwise meets the requirements for
confirmation.
38
Note: LBR 3015-2(a)(2) allows amendments to be made at the confirmation hearing when
the Court deems it appropriate (for example, when the amendments are not adverse to any
creditor or when all adversely affected creditors consent).
RULE 3015-3.
CHAPTER 13—CONFIRMATION HEARING AND NOTICE OF
CONFIRMATION OF PLAN
(a)
Attendance of Debtor and Counsel at Confirmation Hearing. Neither the debtor nor
the debtor's counsel need attend the confirmation hearing if:
(1)
the Chapter 13 Trustee has recommended confirmation of the Chapter 13 plan,
and either no objections to confirmation of that plan have been timely filed, or
any that were timely filed have been withdrawn; or
(2)
the Chapter 13 Trustee has objected to confirmation of the plan, and the trustee
and any other entity who timely objected to confirmation of the plan have agreed
to a continuance.
(b)
Notice of Confirmation of Plan. When a Chapter 13 plan is confirmed, the Clerk will
transmit to all entities on the mailing list under LBR 2002-2:
(1)
a copy of the confirmation order; or
(2)
a notice of entry of the order confirming the plan, specifying which plan was
confirmed and, if there were any amendments thereto, giving notice that there
were amendments reflected in the order of confirmation.
Note: LBR 3015-2(a) allows certain amendments to be made orally at the confirmation
hearing, by praecipe not served on creditors, or by the filing of an amended plan that is served
on only the trustee. As a result, multiple plans may be filed in a case and a creditor may not
have received the newest version. Accordingly, LBR 3015-3(b) assures that when creditors
begin receiving payments they will know which plan is controlling in the event that a plan
differing from the original plan was confirmed.
RULE 3015-4.
(a)
CHAPTER 13—MODIFICATION OF CONFIRMED PLAN
A request to modify a confirmed plan shall be made by a motion that includes (1)
conspicuous notice that objections to the motion must be filed and served within
39
21 days after the date of the motion, and (2) a proposed order that lists as
recipients “all entities on the Bankruptcy Noticing Center mailing list.”
(b)
Unless the proposed modification solely increases or decreases monthly payments,
the motion must attach the proposed modified plan,
(c)
When a modified plan is attached to the motion, the proposed modified plan shall
comply with LBR 3015-1, but the proposed modified plan need not be served on entities
not adversely affected by the proposed modified plan.
RULE 3015-5.
(a)
CHAPTER 13—DISTRIBUTIONS UNDER CHAPTER 13 PLAN
Order of Distribution on Allowed Claims in Chapter 13 Cases. Unless otherwise stated
in Section 10, entitled Non-Standard Provisions, of a confirmed Plan, the Chapter 13
Trustee shall make distributions in the order listed below:
(1)
Trustee commission under 11 U.S.C. § 1326(b)(2).
(2)
At the same time and pro rata, allowed unsecured claims for: (A) any domestic
support obligations and other claims described under 11 U.S.C. § 507(a)(1); and
(B) any administrative claims and other claims described under 11 U.S.C.
§ 507(a)(2), including any Debtor’s counsel fee allowed by Bankruptcy Court
order following an application by Debtor’s counsel.
(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:
(A)
Allowed secured claims for pre-petition arrears, designated to be paid
under the Plan, in equal monthly amounts.
(B)
Allowed secured claims, designated to be paid in full under the Plan, in
equal monthly amounts at any specified interest rate.
(6)
After payment of both allowed priority claims and allowed secured claims that are
to be paid under the Plan, allowed general unsecured claims, meaning unsecured
claims not entitled to priority.
40
(b)
Alteration of Order of Distribution if Necessary to Assure Payment of Allowed Secured
Claims Within a Reasonable Time. If compliance with this 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 Trustee may adjust the
payments, or the secured creditor may apply for an order to alter the payment scheme.
RULE 3018-1.
(a)
CHAPTER 11 PLANS—BALLOTS AND TALLY OF BALLOTS
Filing of Ballots. The ballots must be filed prior to the confirmation hearing. Unless the
court directs otherwise, (1) ballots must be filed electronically, and (2) the ballots shall be
available at the confirmation hearing (unless the ballots have been filed electronically with
a scanned image of the original signatures).
(b)
Filing Tally of Ballots. The tally of ballots voting on a plan in a Chapter 11 case must be
filed prior to the confirmation hearing. Unless the Court directs otherwise, the tally must
be filed electronically. The tally must include as to each impaired class entitled to vote
on a plan, (1) the respective dollar amounts of claims in the class (A) accepting the plan
and (B) rejecting the plan, and the resulting percentage (based on dollar amounts) of
claims accepting the plan; and (2) the respective numbers of claims in the class (A)
accepting the plan, and (B) rejecting the plan, and the resulting percentage (based on the
aggregate number of claims voting) that accepted the plan). A copy must be brought to
the confirmation hearing.
(c)
Retention of Ballots. Unless the ballots have been filed electronically with a scanned
image of the original signatures, the ballots must be retained by the proponent of the plan
for a period of five years after the filing of the ballots.
Note: The retention requirements regarding ballots is consistent with section II(B)(4) of the
Administrative Order Relating to Electronic Case Filing, available at
http://www.dcb.uscourts.gov/sites/dcb/files/AdministrativeOrder.pdf.
RULE 3022-1.
FINAL REPORT/DECREE IN A CHAPTER 11 CASE
Within 6 months of confirmation or such other time as the Court orders, the entity responsible for
making distributions under a confirmed Chapter 11 plan must file a Final Report and Motion for
Final Decree in accordance with the form available in the Clerk's Office.
41
RULE 3022-2.
(a)
CLOSING AN INDIVIDUAL DEBTOR CHAPTER 11 CASE
For good cause, an individual debtor may move for the closing of a Chapter 11 case prior
to the entry of a Chapter 11 discharge if the estate has been fully administered and any
Chapter 11 Trustee has been discharged. If the estate has revested in the debtor or another
entity and there has been substantial consummation under 11 U.S.C. § 1101(2), that may
count as fully administered. Upon completion of all plan payments, the individual debtor
may then move to reopen the case to seek the entry of a discharge under 11 U.S.C.
§ 1141(d)(5), except that:
(1)
the disclosure statement and plan must clearly set out that the debtor may seek to
close the case before the discharge and estimate when the case might be reopened
for the grant of a discharge; and
(2)
at the time the motion to reopen is filed, the debtor will be required to pay the
required fee for filing a motion to reopen a Chapter 11 case.
(b)
Pursuant to Fed. R. Bankr. P. 4006, at the time the case is closed, the clerk will give notice
to all parties in interest that the individual debtor’s case is closed without the entry of an
order of discharge.
Note: Item 11 of the Miscellaneous Bankruptcy Fee Schedule recites that “[t]he reopening fee
must be charged when a case has been closed without a discharge being entered,” and LBR 30222(a)(2) serves as a reminder in that regard.
42
PART IV
THE DEBTOR: DUTIES AND BENEFITS
RULE 4001-1.
(a)
RELIEF FROM THE AUTOMATIC STAY
Title; Requirement of Separate Motion. In addition to complying with Fed. R. Bankr. P.
4001(a), each motion under 11 U.S.C. § 362(d) for relief from the automatic stay:
(1)
must be filed separately from any other motion (other than a motion for relief from
the co-debtor stay);
(2)
must bear a title clearly identifying it as a motion for relief from the automatic
stay;
(3)
must bear a title that identifies any property involved, with (A) the street address
of real property or (B) the make and model of motor vehicle or other tangible
personal property;
(4)
must be submitted with a proposed order that identifies any property involved as
in the case of the motion itself.
(b)
Discovery in Automatic Stay Litigation. The time to respond to a motion to shorten the
time for responses to discovery requests shall be 7 days after the filing of a motion to
shorten time, but conspicuous notice of that response time must be included with any such
motion.
(c)
Obtaining a Hearing Date for § 362(d) Motion.
(1)
General. Prior to filing a motion for relief from the stay, the moving party must
contact the Courtroom Deputy Clerk or consult the Court's website to obtain a date
and time for the hearing from the dates that are available.
(2)
Preserving Right to Insist That Hearing Date be Within 30 Days of Filing of
Motion. If the moving party believes that a hearing date within 30 days of the
intended date of the filing of the motion is not being made available, and the
moving party will not consent to the hearing date being held on an available date
that is beyond that 30 days, then:
43
(A)
the moving party must file and serve with its motion for relief from the
automatic stay a notice certifying (subject to the requirements of Fed. R.
Bankr. P. 9011(a)) that the Clerk failed to make available a hearing date
within the 30-day period specified by 11 U.S.C. § 362(e) and demanding
that the Court make available a hearing date, of the Court's choosing, that
is within 30 days of the date on which such motion for relief from stay is
filed;
(B)
the Clerk must, on such written notice being filed, make available at least
one hearing date and time of the Clerk's choosing that is within the
indicated 30-day period; and
(C)
upon the Clerk's issuing notice of the hearing date and time chosen by the
Clerk, the moving party must within 1 day thereafter file and serve on the
other parties to the motion a notice that the hearing on its motion will be
held on the date and at the time specified by the Clerk.
(d)
Filing of Notice of § 362(d) Hearing with Motion. Except as provided in paragraph (c)(2)
above, the moving party must file and serve, with the motion, a notice of the hearing (in
addition to the notice required by LBR 9013-1). The moving party will be deemed to
have waived the 30-day automatic termination rule of 11 U.S.C. § 362(e) if the hearing
date chosen by the moving party is more than 30 days after the motion is filed with the
Court or if the moving party fails to file the required notice of hearing.
(e)
Conditions to Granting Motion as Unopposed in a Chapter 7 Case. In a Chapter 7 case,
when the movant seeks to enforce a security interest in collateral, and the Chapter 7
Trustee has not consented to the motion or filed a report of no distribution, the motion
will not be granted against the Chapter 7 Trustee as not timely opposed by the Chapter 7
Trustee unless the movant has included proof of perfection with the motion.
(f)
Obligation to Disclose Payment History. If a motion seeking relief from the automatic
stay includes as a ground for relief failure to make post-petition payments, then at least 7
days prior to the hearing, the movant shall file and serve upon the debtor's counsel (or the
debtor, if pro se) a statement showing a history of payments received post-petition.
(g)
Inapplicability of Rule 55 and the Servicemember’s Civil Relief Act. Unless the Court
otherwise directs, neither Rule 55 nor the Servicemember’s Civil Relief Act of 2003
44
applies with respect to the granting of an unopposed motion for relief from the automatic
stay.
(h)
Cross-References. Local Bankruptcy Rule 9013-1 sets forth the general requirements for
motions, which are applicable as well to motions under Fed. R. Bankr. P. 4001(a) (and
other motions under Fed. R. Bankr. P. 4001). Local Bankruptcy Rules 5070-1, 5071-1,
9070-1, and 9073-1 govern hearings. Local Bankruptcy Rule 9014-1 makes certain Part
VII (Adversary Proceedings) rules applicable.
Note: Paragraph (e) governs unopposed lift stay motions in Chapter 7. It contemplates that the
movant will provide the Chapter 7 Trustee with a title report or some other evidence of a perfected
security interest. Paragraph (g) recognizes that the automatic stay is akin to a preliminary
injunction having been granted against certain entities. Accordingly, the party seeking relief
from the automatic stay is akin to an entity against whom a judgment has been imposed, and
ordinarily is not viewed as akin to a plaintiff to whom Rule 55 and other provisions regarding
default judgments apply when seeking to have the motion for relief from the automatic stay
granted as unopposed.
RULE 4003-1.
(a)
OBJECTIONS TO EXEMPTIONS
Any party objecting to exemptions must file a certificate of service reflecting service of a
copy of the objection to exemptions and memorandum in support, if any, and the proposed
order required by LBR 9072-1 upon the debtor, the debtor's counsel, the trustee, and, in a
case under Chapter 7 or 11, the United States Trustee. The objection must include a notice
substantially conforming to Official Form 420A, advising the debtor conspicuously that:
(1)
within 21 days of filing of the objection, the debtor must file and serve an
opposition to the objection, which may include supporting documents and other
evidence, together with the proposed order required by LBR 9072-1;
(2)
an interested party may request a hearing, which may be held in the Court's
discretion; and
(3)
if no opposition is filed, the Court may sustain the objection.
(b)
Notice is sufficient if substantially in the form of Local Official Form No. 7.
(c)
A reply to an opposition may be filed within 7 days after the filing of the opposition.
45
(d)
Cross-References. For the effect of the debtor's failure to attend a meeting of creditors on
the computation of the bar date for objecting to exemptions, see LBR 2003-1(c). Local
Bankruptcy Rules 5070-1, 5071-1, 9070-1, and 9073-1 govern hearings.
Local
Bankruptcy Rule 9014-1 makes certain Part VII (Adversary Proceedings) rules applicable.
Note: Effective December 1, 2016, Form B20A was amended to conform to the numbering
scheme of the Forms Modernization Project and is now known as Form 420.
RULE 4004-2.
(a)
OBJECTIONS TO DISCHARGE
Dismissals. The dismissal of an adversary proceeding in which there has been an
objection to discharge is governed by LBR 7041-1.
(b)
Cross-Reference. For the effect of a debtor's failure to appear at the meeting of creditors
on the computation of the bar date for filing a complaint objecting to discharge, see LBR
2003-1(b).
RULE 4004-3.
CHAPTER 13 MOTION FOR ENTRY OF DISCHARGE UNDER
BANKRUPTCY CODE § 1328(A)
Pursuant to § 1328(a), when the Debtor has completed all payments required to be paid to the
Trustee under the terms of the confirmed plan, the Trustee shall file a Notice of Plan Completion
with the Court, and serve it upon the Debtor and Debtor’s Counsel. The Debtor must file a Motion
for Entry of § 1328(a) Chapter 13 Discharge and Notice of Deadline, and Opportunity to Object
within 90 days as of the filing of the Notice. Local Official Form No. 11 may be used for that
purpose. Failure to timely file the Motion may result in the case being closed without entry of
discharge.
RULE 4004-4.
CHAPTER 11 INDIVIDUAL DEBTOR’S MOTION FOR ENTRY
OF DISCHARGE
If the debtor is an individual, the debtor must file a motion for entry of discharge showing that
the debtor is entitled to a discharge under 11 U.S.C. § 1141(d)(5), with notice to any committee
of unsecured creditors (or, if there is no committee, the creditors listed under Fed. R. Bankr. P.
1007(d)) and the U. S. Trustee of a 21-day opportunity to oppose the motion.
46
PART V
COURT AND CLERK
RULE 5005-1.
(a)
FILING PAPERS—MECHANICS OF FILING; PAYING FEES
Requirement of Filing Fee. This paragraph governs papers that require a filing fee:
(1)
LBR 1006-1 governs the permissible forms of payment of any required filing fee;
(2)
LBR 1002-1(b) governs the Clerk's rejection of a petition for filing when it is
unaccompanied by the filing fee; and
(3)
the Court may strike any other filing if, after notice of failure to pay the filing fee,
the required filing fee is not paid in the proper form.
(b)
Filing in Clerk's Office. Unless otherwise directed by the Court, if an entity is not required
under LBR 5005-4 to file a paper electronically and is filing the paper in paper form, the
paper must be filed with the Clerk in the Clerk's Office (or in the overnight drop box after
hours as set forth in paragraph (d)), and no paper may be (1) submitted to the Courtroom
Deputy Clerk in open court for filing or (2) delivered or mailed to the judge for filing.
(c)
Filing Documents Under Seal.
(1)
Absent statutory authority, no paper may be filed under seal without an order of
the Court.
Any paper filed with the intention of it being sealed must be
accompanied by a motion to seal. The document will be treated as sealed, pending
the outcome of the ruling on the motion. If a motion to seal is denied, and unless
the filer consented to the paper being filed in the event that the Court denied the
motion to seal, the Clerk will return the paper by mail to the entity that filed the
motion to seal. Failure to file a motion to seal will result in the paper being placed
in the public record.
(2)
Unless otherwise ordered or otherwise specifically provided in these Rules, all
documents which are submitted for a confidential in camera inspection by the
Court, which are the subject of a Protective Order, which are subject to an existing
order that they be sealed, or which are the subject of a motion for such orders,
must be submitted to the Clerk securely sealed in an envelope or box that
47
accommodates the documents. The envelope or box containing such documents
must contain a conspicuous notation that reads "DOCUMENT UNDER SEAL" or
"DOCUMENTS SUBJECT TO PROTECTIVE ORDER" or the equivalent.
(3)
The face of the envelope or box must also contain the number of the case,
adversary proceeding or miscellaneous matter in which the paper is being filed;
the title of the Court; a descriptive title of the document; and the caption for the
case or adversary proceeding or miscellaneous matter caption, unless such
information is to be or has been included among the information ordered sealed.
The face of the envelope/box must also contain the date of any order, or the
reference to any statute permitting the item to be sealed.
(4)
Filings of sealed materials must be made in the Clerk's Office during the business
hours of 9:00 a.m. to 4:00 p.m. daily except Saturdays, Sundays, and legal
holidays. No one may file sealed materials using the overnight drop box at the
Third Street entrance to the Courthouse.
(d)
Filing a Paper Using Overnight Drop Box. Subject to paragraph (a) regarding a petition
that may be rejected for filing, and unless the paper is being filed under seal (or is sought
to be filed under seal), a paper 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 overnight drop box at
the Third Street entrance to the Courthouse (which entrance is open 24/7) subject to the
following provisions:
(1)
the back of the last page of the document must be time-stamped using the
Bankruptcy Court's time-stamp machine that is next to the overnight drop box;
(2)
the document must be deposited in the overnight drop box in accordance with
instructions of the Clerk of the Bankruptcy Court that are posted on the front of
the overnight drop box;
(3)
the document will be presumed filed as of the date and time-stamped on the back
of the last page of the 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); and
(4)
in the absence of a date and time stamp on the back of the last page of the document
pursuant to paragraph (1) above, the document will be treated as filed when the
48
Clerk retrieves the document from the overnight drop box and marks the document
as filed.
(e)
Correspondence With the Court. Except when requested by a judge, correspondence must
not be directed by the parties or their attorneys to a judge, nor shall papers be left with or
mailed to a judge for filing.
(f)
Filings Made Shortly Before a Hearing. When a filing is made less than one full business
day prior to a hearing, counsel must have two extra copies of the filing available for the
Court's use at the hearing or deliver the two copies to chambers before the hearing.
(g)
Cross-References. For the non-filing of discovery materials, see LBR 7026-1(b). For the
requirement of filing a proposed order with papers, see LBR 9072-1. For special filing
requirements relating to the petition and to the lists, schedules and statements, see LBRs
1002-1, 1007-1, and 1009-1. For special requirements regarding the captioning of
motions for relief from the automatic stay, see LBR 4001-1(a).
For the prohibition
against combining multiple motions in the same document, see LBR 9013-1(a).
RULE 5005-2.
(a)
FORMATTING AND STYLE OF PAPERS
Size of Papers; Print; Margins. Any paper filed:
(1)
must be in black typographical print (doubled spaced except for notice or
quotations);
(2)
must be on opaque white paper, 8-1/2 inches wide by 11 inches long,
(3)
must have a top margin of not less than 1 1/2 inches, except in the case of the first
page of a proposed order (which requires a 4 inch top margin); and
(4)
if filed in paper form:
(A)
must be unfolded, without back or cover, and fastened at the top left corner
only; and
(B)
must include on any exhibit or attachment to the paper the number of the
case or, if applicable, the adversary proceeding in which the paper is filed.
(b)
Style. All papers filed must bear the caption required by the Official Bankruptcy Forms.
Under the caption, the paper must contain a heading describing the nature of the pleading,
49
motion, or other paper. Local Bankruptcy Rule 9072-1 governs the format of proposed
orders.
(c)
Notation of Date of Hearing. When a paper relates to a matter for which a hearing has
been scheduled, the date and time of the hearing, if known, must be noted in the caption
underneath the adversary proceeding number or (if not an adversary proceeding)
underneath the case number. See, e.g., Local Official Forms Nos. 1 and 2.
(d)
Names, Addresses, and Telephone Numbers of Entities and Attorneys. Papers filed by
an entity not represented by counsel must contain the name, full residence or business
address, and telephone number of the entity filing the paper. 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.
(e)
Applicability of DCt.LCvR 5.1(c)(2). District Court Local Civil Rule 5.1(c)(2) applies
to any paper signed by an attorney and presented to the Court.
(f)
Change of Address. Unless changed by notice filed with the clerk, the address of a party
or an attorney noted on the first filing by that entity in an adversary proceeding or
contested matter shall be conclusively taken as the last known address of the party or
attorney, but if another party or the clerk utilizes an address for the entity appearing on a
later filing, that shall constitute a proper address.
Note: Paragraph (c) assists the court when a paper is filed shortly before a hearing. The Rule
enhances the chances that the Clerk may be able to alert the judge to the filing (and docket any
paper filed in paper form) before the hearing. New paragraph (f) is modeled on DCt.LCvR
(e)(1). DCt.LCvR 5.1(c)(2) provides: “By signing a document that is presented to the Court, an
attorney is certifying that the attorney, and all other attorneys appearing with the attorney on the
document, are members of, or have a pending application for admission to, the Bar of this Court, or
have complied with LCvR 83.2(c) or (d), or are covered by LCvR 83.2(e) as counsel for the United
States.”
50
RULE 5005-3.
(a)
CERTIFICATE OF SERVICE
Requirement of Filing of Certificate of Service. Proof of service of papers required or
permitted to be served, other than those for which a different method of proof is prescribed
by these Rules, by the Federal Rules of Bankruptcy Procedure, or by statute, must be filed
in the form of a certificate of service either attached to the paper served or docketed
separately.
(b)
Recitation of Manner of Service. The proof must show the date and manner of service on
each entity served. Care must be taken that when the paper commences a contested matter
that service of the papers complies with the Federal Rules of Bankruptcy Procedure:
electronic service is not good service when a paper commences a contested matter.
(c)
Recitation of List of Entities Served. The proof must list the names and addresses of
persons served, including, where applicable, whom they represent, except that:
(i)
when the paper has been served on all entities on the mailing list maintained by
the Court, it suffices as to those entities to recite that those served included "all
entities on the mailing list maintained by the Court on the Case Management,
Electronic Case Filing system as that list appeared at :__ _.m. on [insert date]";
(ii)
in an adversary proceeding, it suffices with respect to parties who have already
entered an appearance on the record to recite that service was made on all counsel
(including pro se parties) who have entered an appearance of record as of the date
of service; and
(iii)
in a contested matter, after the contested matter has already been commenced, the
proof may recite with respect to attorneys who have registered to receive electronic
notification that the paper was served on the attorney by electronic transmission
(for example, by reciting that the paper was served "on the following via electronic
notification through the Court's CM/ECF system: John Jones, Esq. (counsel for
Debtor); . . . .").
(d)
Execution of Certificate of Service. The certification of service must be made by:
(i)
a certificate of an identified attorney of record (including an attorney filing papers
under DCt.LCvR 83.2(c));
(ii)
a certificate of a named member in good standing of the bar of this Court (with an
indication of the attorney's bar identification number); or
51
(iii)
an affidavit or a certificate under penalty of perjury pursuant to 28 U.S.C. § 1746
which identifies the signer.
(e)
Effect of Failure to File a Certificate of Service. Failure to file a certificate of service
does not affect the validity of service. The Court may at any time allow the proof to be
amended or supplied, unless to do so would unfairly prejudice a party.
Note: Paragraph (d)(3) specifies how someone other than an attorney of record (or an attorney
who is a member in good standing of the bar of the District Court) may certify service of a paper.
With respect to documents executed within the United States, 28 U.S.C. § 1746 provides that in
lieu of an affidavit, it suffices to submit a writing subscribed by the person as true under penalty
of perjury, and dated, in substantially the following form:
I declare (or certify, verify, or state) under penalty of perjury that the
foregoing is true and correct. Executed on (date).
(Signature)
In the case of documents executed outside the United States, the form is:
I declare (or certify, verify, or state) under penalty of perjury under the lws
of the United States of America that the foregoing is true and correct. Executed on
(date)
(signature)
RULE 5005-4.
ELECTRONIC FILING
Unless the Court orders otherwise, an attorney filing a paper on behalf of a client must file the
paper electronically in compliance with the Court's Administrative Order Relating to Electronic
Case Filing (available on the Court's website). Documents that are being filed under seal must be
filed in the Clerk's Office during business hours
RULE 5005-5.
DOCUMENTS ISSUED BY JUDGE OR CLERK AND FILED
ELECTRONICALLY
(a)
Original Signature Not Required; Electronic Docketing Constitutes Entry of Document.
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
52
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 electronic
docketing of such a document constitutes entry on the docket kept by the Clerk under
Fed. R. Bankr. P. 5003 and 9021.
(b)
Text-Only Entries as Orders. Orders may also be issued as “text-only” entries on the
docket, without an attached document. Such orders are official and binding.
(c)
Summonses. The Clerk may sign, place a seal upon, and issue a summons electronically,
although a summons may not be served electronically.
RULE 5070-1.
(a)
CALENDARS AND SCHEDULING
Optional Scheduling of Motion, Application, or Objection for Hearing.
Instead of
awaiting the setting of a hearing by the Court, a party may obtain and set a hearing date
on a motion, application, or objection, subject to the power of the Court to decide the
matter on the papers in advance if:
(1)
the movant (A) submits to the Clerk a request for a hearing on Local Official Form
No. 1 and obtains a hearing date from the Clerk's Office, or (B) the movant obtains
a hearing date provided by the Clerk either on the Court's website or through
contacting the Courtroom Deputy Clerk; and
(2)
within 3 days of notification of the hearing date, and by any deadline set by the
Federal Rules of Bankruptcy Procedure or these Rules, the movant files a separate
notice of the scheduled hearing and a certificate of service, complying with LBR
5005-3, regarding service of the notice; and
(3)
any required notice of opportunity to file an opposition to the matter is filed and
served sufficiently in advance of the hearing that the deadline for filing an
opposition expires prior to the date of the hearing.
(b)
Emergency Matters. When any motion, application or objection requires the Court's
immediate attention or an immediate hearing, the movant must file a separate onesentence Praecipe Re Emergency Matter stating "The attached motion [or application or
objection] requires a ruling by the Court no later than [insert date] for reasons set forth in
[insert name of document explaining reasons]" or "The attached motion [or application or
objection] requires a hearing before [insert date] for reasons set forth in [insert name of
53
document explaining reasons]." The movant must explain the reasons an emergency exists
in the motion, application or objection itself or in a motion for an emergency hearing or
ruling. Frivolous assertions of an emergency may result in sanctions under Fed. R. Bankr.
P. 9011.
(c)
Section 362(d) Motions. Local Bankruptcy Rule 4001-1(c) governs scheduling a hearing
on a motion for relief from the automatic stay, and sets deadlines for giving notice of the
hearing.
RULE 5071-1.
(a)
CONTINUANCES
Motions for Continuances. Motions for continuances, except when made in open Court,
must be in writing, and:
(1)
must include a recital that the party has attempted to contact all other interested
parties for their consent, and if a party does not consent, the lack of consent and
the reasons therefor shall be noted in the motion(s);
(2)
must state whether any previous requests for continuance have been made or
granted and for what date the hearing was first scheduled;
(3)
must state, if known, the dates on which the parties will be unavailable for a
continued hearing; and
(4)
must contain a certificate of service indicating service on the interested parties on
or before the date of filing.
LBR 5070-1(b) governs obtaining an emergency ruling on the motion prior to the
scheduled hearing.
(b)
Matters That Will Be Automatically Continued by Stipulation. Unless the Court has
previously directed that further continuances will not be automatic, the following matters
will be continued, but not for more than 120 days, to a date suitable to the Court, when all
parties who have appeared in the matter stipulate to the continuance:
(1)
a motion for relief from the automatic stay;
(2)
a hearing on confirmation of a Chapter 13 plan (and only the debtor and all parties
who have timely objected to the plan need to have agreed to the continuance);
54
(3)
a Chapter 13 motion to dismiss; and
(4)
a scheduling conference or pretrial conference in an adversary proceeding or
contested matter.
(c)
Manner of Communicating Stipulation for Continuance. A stipulation for a continuance
under paragraph (b) may be communicated to the Court:
(1)
by filing a written stipulation continuing the matter and fixing a continued hearing
date and time that has been obtained from the Courtroom Deputy Clerk;
(2)
by filing a written stipulation that requests the Clerk to issue notice of a continued
hearing date;
(3)
by one of the attorneys contacting the Courtroom Deputy Clerk to advise the
parties have agreed to a continuance, in which event, at the time of the scheduled
hearing, the failure of any parties to appear in the courtroom will be taken as
verifying that there was a stipulation, and the Courtroom Deputy Clerk will either
issue a notice continuing the matter or will prepare a case hearing summary
continuing the matter (with the filing of that case hearing summary constituting
notice of the continued hearing date and time);
(4)
by an oral statement by one of the attorneys at the hearing on the matter; or
(5)
by the Chapter 13 Trustee filing a notice of a continued hearing on confirmation
of a plan or on a motion to dismiss.
(d)
Appearance at Hearing Required Unless Continuance Granted. Except as provided in
paragraphs (b) and (c), and in LBR 3015-3(a) (regarding Chapter 13 confirmation
hearings), the pendency of a motion to continue does not excuse the obligations of counsel
under LBR 9010-4 regarding appearing at hearings.
(e)
Continuances Based on Settlements. A matter may in the Court's discretion be taken off
the Court's calendar because a settlement has been reached, but only:
(1)
on written motion under paragraph (a) reciting that a written settlement signed by
all parties and resolving all issues has been reached; or
(2)
by representations of all counsel and any pro se parties in open Court at the time
of the scheduled hearing.
55
If the continuance is granted, a stipulation of settlement or proposed consent order must
be submitted within 14 days after the previously scheduled hearing date, or such other
time as the Court allows.
(f)
Counsel's Availability on Possible Continued Hearing Dates. Whenever an attorney
appears at a hearing in the Court, the attorney must have a calendar of future engagements
in order to assist the Court in fixing any continued hearing date.
(g)
Meeting of Creditors. Continuance of a meeting of creditors is governed by LBR 20031(a).
56
PART VI
COLLECTION AND LIQUIDATION OF THE ESTATE
RULE 6004-1.
(a)
USE, SALE, OR LEASE OF ESTATE PROPERTY
Notice of Sale. In addition to the information required by Fed. R. Bankr. P. 2002(c) and
LBR 2002-1 (concerning notices in general) a notice of a private sale not in the ordinary
course of business must include:
(1)
if an appraisal has been performed, the appraised value of the asset proposed to be
sold, the date of the appraisal, and the name and address of the appraiser;
(2)
if no appraisal has been performed, the scheduled value of the asset proposed to
be sold;
(3)
the purchaser's identity;
(4)
the relationship, if any, between the purchaser and the debtor, the trustee, or any
other party in interest; and
(5)
(b)
all consideration paid and to be paid by the purchaser and the terms of payment.
Notice of Use or Lease. Notice of a proposed agreement not in the ordinary course of
business for the lease or use of estate property must include information similar to that
required by paragraph (a).
(c)
Uses, Sales, or Leases Authorized Without Court Order. Uses, sales, or leases not in the
ordinary course of business that do not require a motion shall be deemed automatically
authorized upon expiration of the notice period if no written objections have been filed
with the Clerk. Notice of such a use, sale, or lease is sufficient if substantially as set out
in Local Official Form No. 5. Any party in interest may request a certification by the
Clerk that no objections to the notice have been filed, for which a certification fee shall
be charged.
(d)
Buyer's Premium.
Any buyer's premium, break-up fee, topping fee, or similar
arrangement is prohibited, unless Court approval is obtained.
57
(e)
Report of Sale. Upon completion of a sale not in the ordinary course of business, the
trustee, debtor in possession, or Chapter 13 debtor, as the case may be, must file with the
court an itemized statement complying with the requirements of Fed. R. Bankr. P. 6004(f).
RULE 6004-2.
SALE OR REFINANCE OF PROPERTY BY CHAPTER 13
DEBTOR
(a)
Even if the property of the estate has revested in the debtor in a Chapter 13 case, the debtor
must seek court approval of a sale of property or refinancing of real property that is to be
made prior to completion of plan payments.
(b)
A debtor seeking approval for the sale or refinance of real property shall provide, to the
Chapter 13 Trustee and to all creditors who have served on the trustee and filed a request
that all notice be mailed to them, at least 21 days’ notice of the opportunity to file an
opposition to the motion seeking such approval, unless the notice period has been
shortened or enlarged by the Court for cause shown.
(c)
In addition to setting forth the information required by Fed. R. Bankr. P. 2002(c)(1), the
notice shall state:
(1)
the total proposed sale price or maximum amount to be secured by the refinancing,
as the case may be, 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.
(d)
If no opposition is timely filed, the court, in its discretion, may enter an order endorsed
by the Chapter 13 Trustee approving the sale or refinancing without holding a hearing.
58
RULE 6004-3.
MORTGAGE LOAN MODIFICATION BY CHAPTER 13
DEBTOR
(a)
Even if the property of the estate has revested in the debtor, the 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, unless such modification
is provided in a Consent Order resolving a Motion for Relief from Stay.
(b)
A debtor seeking approval for the modification of a mortgage on real property shall
provide the Chapter 13 Trustee and any creditor who has filed a request for all notice in
the case at least 21 days’ notice of the motion seeking such approval unless the notice
period has been shortened or enlarged by the Court for cause shown.
(c)
The notice shall state:
(1)
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;
(2)
the current mortgage payment and the new payment after the loan modification;
(3)
if the modification results in a higher monthly payment, the source of the funds to
be used to make that payment; and
(4)
if the modification results in a lower monthly payment, whether the debtor intends
to increase the amount of his plan payments.
(d)
If no opposition is timely filed, the court, in its discretion, may enter an order endorsed
by the Chapter 13 Trustee approving the loan modification.
RULE 6005-1.
AUCTIONEERS
LBR 2016-1 governs compensation of auctioneers.
RULE 6006-1.
(a)
EXECUTORY CONTRACTS AND UNEXPIRED LEASES
Notice Required. A noticeof a motion under Fed. R. Bankr. P. 6006(c) shall be served
on the entities specified by that rule and on:
59
(1)
any committees elected under § 705 or appointed under § 1102 of the Code or to
their authorized agents, or, if the case is a Chapter 11 case and not committee or
unsecured creditors has been appointed under § 1102, on the creditors included
on the list filed under Rule 1007(d);
(2)
the District of Columbia government by delivering or mailing notice to the
Mayor of the District of Columbia and the Attorney General of the Distrcit of
Columbia, Bankruptcy Counsel;
(3)
unless otherwise ordered, creditors and equity security holders who serve on the
trustee or debtor in possession and file a request that all notices be mailed to
them;
(4)
(b)
the debtor or the debtor’s attorney.
Form of Notice; Means of Service. The notice under this rule must comply with LBR
9013-1(b)(3), and the motion and the notice may be served electronically, via electronic
notice in the court’s electronic filing system, on entities who receive electronic notices
of filings in the case in that system, except that the motion and notice must be served on
the other parties to the executory contract or unexpired lease in the manner otherwise
specified by these Local Bankruptcy Rules.
RULE 6007-1.
(a)
ABANDONMENT
Abandonment - Generally. A notice of a proposed abandonment or disposition given
pursuant to Fed. R. Bankr. P. 6007(a), or a motion requiring the trustee or debtor-inpossession to abandon property of the estate, must describe the property with specificity
and state the justification for the abandonment.
(b)
Abandonment by Notice.
(1)
Notice. Local Bankruptcy Rule 2002-1 governs the form of a notice of a proposed
abandonment or disposition given pursuant to Fed. R. Bankr. P. 6007(a) except
that the notice shall set forth the deadline set by Rule 6007(a) for filing objections
to the proposed abandonment.
(2)
Effect of Lack of Objection. If no objection is timely filed under Fed. R. Bankr.
P. 6007(a) to a notice of a proposed abandonment (or disposition) of property of
the estate, the property shall be deemed abandoned (or the disposition authorized)
60
without the necessity of court order. On motion of a party in interest, accompanied
by a proposed order and without the necessity of notice under LBR 9013-1, the
court shall enter an order confirming that property has been abandoned when
property has been abandoned by notice.
(c)
Abandonment.
(1)
A motion to require abandonment filed pursuant to Fed. R. Bankr. P. 6007(b) must
be served on the trustee, in compliance with LBR 9013-1.
(2)
Notice describing the motion and giving notice of the opportunity to oppose the
motion within the deadline set by LBR 9013-1 must be served upon all parties
entitled to notice under Fed. R. Bankr. P. 6007(a), which notice may be served
electronically, via electronic notice in the court’s electronic filing system, on
entities who receive electronic notice of filings in the case in that system.
(d)
Cross-References. Local Bankruptcy Rules 5070-1, 5071-1, 9070-1, and 9073-1 govern
hearings. Local Bankruptcy Rule 9013-1 sets forth requirements applicable to all motions.
Local Bankruptcy Rule 9014-1 makes certain Part VII (Adversary Proceedings) rules
applicable.
RULE 6070-1.
TAX REFUNDS
Unless otherwise directed by the trustee or ordered by the Court, Federal and state and local tax
authorities are authorized to make income tax refunds, in the ordinary course of business, directly
to debtors in Chapter 7, 11, 12, and 13 cases, except that in Chapter 7 cases no refunds may be
made to a debtor within the first 60 days after a petition has been filed.
Note: The purpose of LBR 6070-1 is to avoid the burden on both the bankruptcy system and the
tax system of constant filings concerning tax refunds.
61
PART VII
ADVERSARY PROCEEDINGS
RULE 7003-1.
ADVERSARY PROCEEDING COVER SHEET
Any complaint or other document initiating an adversary proceeding that is not electronically
filed shall be accompanied by a completed adversary cover sheet conforming to Director’s
Bankruptcy Form B1040.
RULE 7004 -1.
SERVICE ON DEBTOR’S COUNSEL
If an attorney who entered a general appearance for the debtor has placed limits on the extent of
representation of the debtor pursuant to LBR 9010-3(b)(2)(A), service on that attorney is
nevertheless required under Fed. R. Bankr. P. 7004(g) whenever service on the debtor is required.
RULE 7005-1.
ADDRESSES FOR SERVICE OF PAPERS
LBR 5005-2(d) governs the address for serving papers on an entity after serving on that entity the
complaint commencing the adversary proceeding (or, in a contested matter, the paper
commencing the contested matter).
RULE 7015-1.
AMENDED PLEADINGS
DCt.LCvR 15.1 applies in the Bankruptcy Court.
Note: DCt.LCvR 15.1 (Motions to Amend Pleadings) provides:
A motion for leave to file an amended pleading shall be accompanied by an original of
the proposed pleading as amended. The amended pleading shall be deemed to have been
filed and served by mail on the date on which the order granting the motion is entered.
RULE 7024-1.
INTERVENTION
DCt.LCvR 7(j) applies in the Bankruptcy Court.
62
Note: DCt.LCvR 7(j) (Motion to Intervene) provides:
A motion to intervene as a party pursuant to Fed. R. Civ. P. 24(c), shall be accompanied
by an original of the pleading setting forth the claim or defense for which intervention is
sought. The pleading will be deemed to have been filed and served by mail on the date
on which the order granting the motion is entered.
RULE 7026-1.
(a)
DISCOVERY—GENERAL
Discovery Materials. DCt.LCvR 5.2 applies to all contested matters and adversary
proceedings.
(b)
Form of Responses to Written Discovery. DCt.LCvR 26.2(d) applies to discovery. Upon
request, the party propounding written discovery shall provide the opposing party, by
email, a wordprocessing or (if specified) a PDF copy of the discovery.
(c)
Motions to Compel Discovery and Other Discovery Disputes: Conference of Counsel
Required. Counsel (including any pro se party) must confer with one another concerning
a discovery dispute (other than a failure to respond at all to written discovery or a failure
to appear for deposition) and make sincere attempts to resolve the differences between
them. The Court will not consider any discovery motion unless the moving party has filed
a certificate reciting (1) the date and time of the discovery conference, the names of all
persons participating therein, and any issues remaining to be resolved, or (2) the moving
party's attempts to hold such a conference without success.
(d)
Application of Provisions of Fed. R. Civ. P. 26(a). Unless otherwise ordered by the Court,
all bankruptcy contested matters and adversary proceedings are exempted from the
provisions set out in Fed. R. Civ. P. 26(a)(1) and 26(d), and contested matters are
exempted from the provisions set out in Fed. R. Civ. P. 26(a)(2) and 26(a)(3).
(e)
Application of Provisions of Fed. R. Civ. P. 26(f). The requirement of a conference of
the parties set out in Fed. R. Civ. P. 26(f) applies.
(f)
Cross-Reference. For the shortening of discovery response times with respect to motions
for relief from the automatic stay, see LBR 4001-1(b).
Note: DCt.LCvR 5.2 (Filing of Discovery Requests and Responses) provides:
63
(a)
NONFILING OF DISCOVERY MATERIALS.
Except as otherwise provided by this Rule, interrogatories, depositions, requests
for documents, requests for admissions, and answers and responses thereto shall
be served upon other counsel and parties but shall not be filed with the Clerk until
they are used in the proceeding or upon order of the Court as required below. The
party responsible for service of the discovery material shall retain the original
and become its custodian and, with respect to depositions, the deposing party shall
retain the original deposition and become its custodian and shall make it available
for inspection by any party to the action upon request. The Court may in its
discretion order that all or any portion of discovery materials in a particular case
be filed with the Clerk.
(b)
FILING OF DISCOVERY MATERIALS WITH MOTIONS AND AT TRIAL.
Any motion concerning discovery matters shall be accompanied by a copy of, or
shall set forth verbatim, the relevant portion of any nonfiled discovery materials
to which the motion is addressed. Discovery materials may be used and filed as
exhibits or evidence in support of any motion or at a trial or evidentiary hearing
in accordance with the Federal Rules of Evidence.
(c)
FILING FOR PURPOSE OF APPEAL.
When discovery materials not previously in the record are needed for the purpose
of an appeal, they may be filed with the Clerk by stipulation of counsel or upon
application to and order of the Court.
DCt.LCvR 26.2(d) (Form of Responses to Interrogatories and Requests or Production of
Documents) provides:
Answers, responses and objections to interrogatories and requests for admissions or for
production of documents and motions to compel answers or responses, shall identify and
quote each interrogatory or request in full immediately preceding the answer, response
or objection thereto.
RULE 7030-1.
DEPOSITIONS
DCt.LCvR 30.1 (Service of Notice of Deposition) applies to the Bankruptcy Court.
64
Note: DCt.LCvR 30.1 (Service of Notice of Deposition) provides:
Service of a notice of deposition seven days in advance of the date set for taking the
deposition shall constitute "reasonable notice" to a party as required by Fed. R. Civ. P.
30(b), unless the deposition is to be taken at a place more than 50 miles from the District
of Columbia, in which case 14 days shall constitute reasonable notice. The computation
of time under this Rule shall be governed by Fed. R. Civ. P. 6. 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 Fed. R. Civ. P. 32(a), prohibiting the use of depositions against
certain parties who with due diligence are unable to obtain counsel to represent them, or
against parties with less than 14 days' notice who file a motion for protective order.
Ordinarily, however, the Court expects counsel to have first attempted to schedule an agreeable
date.
RULE 7041-1.
(a)
DISMISSAL OF ADVERSARY PROCEEDING
Dismissal of Complaint Objecting to Debtor's Discharge. An adversary proceeding
initiated by a complaint objecting to the discharge of the debtor shall be dismissed at the
plaintiff's instance only by motion and not by stipulation or notice and only if (1) the
debtor and the debtor's attorney, or the plaintiff and the plaintiff's attorney, file affidavits
stating any consideration promised in any way to the plaintiff in exchange for the
withdrawal of the objection to discharge and (2) the plaintiff has mailed a notice to all
creditors and other parties in interest in the bankruptcy case giving them an opportunity
to object within 21 days of the mailing of such notice.
(b)
Dismissal for Failure to Prosecute. DCt.LCvR 83.23 applies to adversary proceedings in
the Bankruptcy Court.
Note: This Rule contemplates notice similar to the notice required in Mac Services of Baton
Rouge, Inc. v. Short (In re Short), 60 B.R. 951 (Bankr. M.D. La. 1986), except that no notice is
to be given suggesting that a creditor has an automatic right to be substituted as the plaintiff.
For example, the trustee may have settled the objection to discharge and if the Court determines
that the settlement is in the best interest of creditors, a creditor's request to be substituted as the
plaintiff would not be granted. The Rule also preserves for adjudication in the adversary
proceeding itself, instead of by local rule, any argument by the debtor that the bar date for
objecting to discharge precludes a creditor from being substituted as the plaintiff.
65
DCt.LCvR 83.23 (Dismissal for Failure to Prosecute) provides:
A dismissal for failure to prosecute may be ordered by the Court upon motion by an
adverse party, or upon the Court's own motion. An order dismissing a claim for failure
to prosecute shall specify that the dismissal is without prejudice, unless the Court
determines that the delay in prosecution of the claim has resulted in prejudice to an
opposing party.
RULE 7054-1.
ALLOWANCE OF COSTS
A party seeking an allowance of costs must file a bill of costs within 21 days after the entry of a
final judgment, order, or decree in favor of the party.
RULE 7054-2.
ATTORNEY'S FEES AND NONTAXABLE EXPENSES
Unless a longer period is fixed by statute or by the Court, any motion under Fed. R. Civ. P.
54(d)(2) for an award of attorney's fees and expenses not taxable as costs must be filed within 21
days after the entry of a judgment or final order in favor of the prevailing party.
RULE 7055-1.
(a)
DEFAULT—FAILURE TO PROSECUTE
Entry of Default. A party seeking a default judgment must first seek entry of default by
the Clerk unless excused by the Court.
(b)
Motions to Vacate Default. DCt.LCvR 7(g) applies to a motion to vacate a default.
(c)
Requirements for Default Motion. All motions for default judgment must recite whether
the opponent has appeared, either informally or formally, and be accompanied by any
notice required by paragraph (d), and must in the case of an individual be accompanied
by a non-conclusory affidavit complying with the Servicemember’s Civil Relief Act of
2003 § 201, 50 U.S.C. § 3931.
(d)
Time for Response to Default Motion. When a party seeks default judgment against an
entity who has appeared, either formally or informally, conspicuous notice must be given
that an opposition may be filed within 7 days of service of the motion. When an opponent
has not appeared, no notice need be provided and the movant may request the Clerk to
bring the motion to the Court's immediate attention.
66
(e)
Cross-References.
Local Bankruptcy Rules 4001-1 and 9014-1 contain exceptions
making this Rule 7055-1 inapplicable in certain instances.
Note: DCt.LCvR 7(g) (Motions to Vacate Default; Verified Answer) provides:
A motion to vacate an entry of default, or a judgment by default, or both, shall be
accompanied by a verified answer presenting a defense sufficient to bar the claim in whole
or in part.
Under Fed. R. Civ. P. 55(b)(2) a party has "appeared" if the party has engaged in settlement
negotiations or has mailed an acknowledgment of service.
H.F. Livermore Corp. v.
Aktiengesellschaft Gebruder Loepfe, 432 F.2d 689 (D.C. Cir. 1970); see also Practical Concepts,
Inc. v. Republic of Bolivia, 811 F.2d 1543, 1546 n.6 (D.C. Cir. 1987) (dictum). Affidavits under
§ 201 of the Servicemember’s Civil Relief Act should be non-conclusory, reciting facts showing
that the opponent is not in the military service, as defined in 50 U.S.C. Appendix § 511(2).
Government offices will apprise the public whether an individual identified by Social Security
Number is in the military service.
RULE 7056-1.
SUMMARY JUDGMENT
DCt.LCvR 7(h)(1) applies in the Bankruptcy Court except that the third sentence thereof ("Each
such motion . . .") shall be read as requiring compliance with the requirements of LBR 9013-1.
Note: DCt.LCvR 7(h)(1) (Motions for Summary Judgment) provides:
Each motion for summary judgment shall be accompanied by a statement of material facts
as to which the moving party contends there is no genuine issue, which shall include
references to the parts of the record relied on to support the statement. An opposition to
such a motion shall be accompanied by a separate concise statement of genuine issues
setting forth all material facts as to which it is contended there exists a genuine issue
necessary to be litigated, which shall include references to the parts of the record relied
on to support the statement. Each such motion and opposition must also contain or be
accompanied by a memorandum of points and authorities and proposed order as required
by LCvR 7(a), (b) and (c). In determining a motion for summary judgment, the Court may
assume that facts identified by the moving party in its statement of material facts are
admitted, unless such a fact is controverted in the statement of genuine issues filed in
opposition to the motion.
67
RULE 7056-2.
WHERE SUMMARY JUDGMENT IS REQUESTED AGAINST
PARTY WITHOUT COUNSEL
Any motion seeking summary judgment when the non-moving party is without counsel shall
include a notice conforming substantially to Official Form 420A regarding filing an opposition
and, in addition, the notice shall
(1)
state that the opposition to the motion shall comply with Fed. R. Civ. P. 56 and
LBR 7056-1, including, among other requirements, accompanying the opposition
with a separate concise statement of genuine issues setting forth all material facts
as to which it is contended there exists a genuine issue necessary to be litigated,
which shall include references to the parts of the record relied on to support the
statement, and
(2)
then quote F.R. Civ. P. 56 and LBR 7056-1 (and DCt.LCvR 56 which is
incorporated by LBR 7056-1).
Note: An example of appropriate notice quoting the rules current at the time of publication of
these local rules can be found on the Court’s website at http://www.dcb.uscourts.gov/local-forms.
RULE 7062-1.
STAYS OF APPEALS: EXEMPTION FROM APPEAL BOND
The District of Columbia Government, or any political subdivision or any officer or agent thereof
sued or suing in an official capacity, shall not be required, unless otherwise ordered by the Court,
to post a supersedeas bond or other undertaking which includes security for the payment of costs
on appeal.
RULE 7065-1.
INJUNCTIONS
The following rules of the District Court apply in this Court: DCt.LCvR 65.1(a) (Applications for
Temporary Restraining Orders); DCt.LCvR 65.1(c) (Applications for Preliminary Injunctions);
DCt.LCvR 65.1(d) (Hearings on Applications for Preliminary Injunctions).
Note: DCt.LCvRs 65.1(a), (c) and (d) provide:
(a)
APPLICATIONS FOR TEMPORARY RESTRAINING ORDERS.
68
An application for a temporary restraining order shall be made in a motion
separate from the complaint.
The application shall be accompanied by a
certificate of counsel, or other proof satisfactory to the Court, stating (1) that
actual notice of the time of making the application, and copies of all pleadings and
papers filed in the action to date or to be presented to the Court at the hearing,
have been furnished to the adverse party; or (2) the efforts made by the applicant
to give such notice and furnish such copies. Except in an emergency, the Court
will not consider an ex parte application for a temporary restraining order.
***
(c)
APPLICATIONS FOR PRELIMINARY INJUNCTIONS.
An application for a preliminary injunction shall be made in a document separate
from the complaint. The application shall be supported by affidavits on which the
plaintiff intends to rely. The opposition shall be served and filed within seven days
after service of the application for preliminary injunction, and shall be
accompanied by all affidavits on which the defendant intends to rely.
Supplemental affidavits either to the application or the opposition may be filed
only with permission of the Court.
(d)
HEARINGS ON APPLICATIONS FOR PRELIMINARY INJUNCTIONS.
On request of the moving party together with a statement of the facts which make
expedition essential, a hearing on an application for preliminary injunction shall
be set by the Court no later than 21 days after its filing, unless the Court earlier
decides the motion on the papers or makes a finding that a later hearing date will
not prejudice the parties. The practice in this jurisdiction is to decide preliminary
injunction motions without live testimony where possible. Accordingly, any party
who wishes to offer live testimony or cross-examine an affiant at the hearing shall
so request in writing 72 hours before the hearing and shall provide the Court and
all other parties a list of the witnesses to be examined and an estimate of the time
required. The Court may decline to hear witnesses at the hearing where the need
for live testimony is outweighed by considerations of undue delay, waste of time,
or needless presentation of cumulative evidence. If practicable, the Court shall
notify all parties of its ruling on the request to adduce live testimony one business
day before the hearing.
69
RULE 7067-1.
(a)
REGISTRY FUND
All monies paid into the Court or received by the Clerk in any case or proceeding must be
deposited by the Clerk in the registry of the Court. Except when the Clerk determines in
the case of an unclaimed distribution that the small amount of the distribution does not
warrant it, 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 in that Rule
67.1 to "Court" and "Clerk" are to the Bankruptcy Court and its Clerk.
(b)
Any claimant entitled to withdraw such monies from the registry of the Court may, on
motion filed and served on the United States Attorney and the U.S. Trustee and full proof
of the right thereto, including in the case of unclaimed distributions deposited under 11
U.S.C. § 347(a) notarized proof of identity, obtain an order directing payment to the claim.
Note: DCt.LCvR 67.1 opts into the Court Registry Investment System, a vehicle for earning
interest on registry deposits, subject to a fee equal to 10% of the interest earned. It additionally
imposes an obligation of an order for the receipt of funds "unless the statute requires deposit of
funds without leave of court." Because 11 U.S.C. § 347(a) requires deposits of unclaimed
distributions by Chapter 7 and 13 Trustees without leave of Court, the requirement of an order
does not apply to such deposits.
70
PART VIII
APPEALS TO DISTRICT COURT
RULE 8001-1.
APPEALS IN GENERAL; DESIGNATION OF RECORD
Rules governing appeals to the District Court are contained in the DCt.LBRs.
71
PART IX
GENERAL PROVISIONS
RULE 9001-1.
DEFINITIONS
The term “Clerk” refers to the Clerk of the Court, all members of the Clerk’s office, and 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).
RULE 9006-1.
(a)
COMPUTING AND EXTENDING TIME
Computing Time When Deadline is a Specific Date. Unless the Court directs that this
LBR 9006-1(a) does not apply, if an order or notice sets a specific date for performing an
act, and if the date set by the notice or order is a Saturday, Sunday, legal holiday, or day
on which the Clerk’s Office is inaccessible, the date set for performing the act becomes
the next day on which the Clerk's Office is accessible and that is not a Saturday, Sunday,
or legal holiday.
(b)
"Last Day" Defined. The "last day" set for filing a paper ends at midnight in the Court's
time zone, unless otherwise specified, whether the filing is an electronic filing or a filing
in paper form.
(c)
Motion to Shorten Time to Oppose Relief Sought Via a Matter Described in Fed. R.
Bankr. P. 2002(a). When a party requests to shorten the time to oppose relief sought via
a matter to which Fed. R. Bankr. P. 2002(a) applies, LBR 2002-1(b)(2) governs optional
procedures regarding such a request and the notice procedure that the party may utilize
to give notice to creditors of the deadline to oppose the Rule 2002(a) relief sought by the
Rule 2002(a) matter.
(d)
Court’s Authority to Shorten Time. Pursuant to Fed. R. Bankr. P. 9006(c)(1) (and subject
to the limitations of that rule), the Court, in its discretion, may order for cause shown, with
or without motion or notice, that the period for opposing a motion (or an objection to
exemptions, objection to claim, or application) be reduced, and may approve (implicitly
or expressly) a notice that gave notice of a deadline to file an opposition that differs from
the deadline that would otherwise apply.
72
Note: LBR 9006-1(b) alters the default rule of Fed. R. Bankr. P. 9006(a)(4) because the Court
has an "overnight drop box" under LBR 5005-1(d) that can be utilized for filing a paper document
when the Clerk's office is closed. LBR 9006-1(d) recognizes the court’s authority to authorize a
shortening of the time to respond to a motion, objection to exemptions, objection to claim, or
application (a “matter”) without the necessity that a motion to shorten time include a notice
under LBR 9013-1(b)(3) of an opportunity to oppose the motion to shorten time. If the Court
shortens the time, and an unreasonably short time was allowed by the court to respond to the
matter, a party may move under Fed. R. Bankr. P. 9006(b)(1) for an enlargement of time to
respond to the matter and may move under Fed. R. Bankr. P. 9023 to vacate an order acting on
the matter.
RULE 9008-1.
PUBLICATION
DCt.LCvR 83.22 applies in the Court.
Note: DCt.LCvR 83.22 (Publication and Proof Thereof) provides:
A notice relating to a proceeding that requires publication shall be published in The Daily
Washington Law Reporter for the time fixed by statute or directed by the Court, in addition
to any newspaper or periodical specifically designated by the Court. Publication shall be
proved by affidavit of an officer or agent of the publisher, stating the dates of publication
with an attached copy of the notice as published.
RULE 9010-1.
(a)
ENTRY OF ATTORNEY’S APPEARANCE
Appearance. Except as provided in paragraphs (c) and (d), an attorney eligible under LBR
2090-1 to practice in this Court enters an appearance in a case or proceeding by filing a
paper or a notice of appearance signed by the attorney. As with all filings, such paper or
notice of appearance must list the attorney's:
(1)
mailing address;
(2)
telephone number;
(3)
bar identification number; and
(4)
e-mail address.
73
An attorney whose authorization to appear requires an order of the Court is deemed to
have entered an appearance upon the Court's entry of an order granting a motion to
authorize the attorney to appear in the case or proceeding.
(b)
Appearance on Behalf of Debtor in Meeting of Creditors, Rule 2004 Examination, or
Deposition. If an attorney represents the debtor at a meeting of creditors, Rule 2004
examination, or deposition, and no other attorney has entered an appearance on behalf of
the debtor, that representation shall constitute an entry of appearance and the attorney
must file a notice of appearance prior to the meeting, examination, or deposition.
(c)
Acts Not Constituting an Appearance. The following acts do not constitute an appearance
by an attorney:
(1)
filing a proof of claim;
(2)
filing a Fed. R. Bankr. P. 2002(g) request;
(3)
casting a ballot accepting or rejecting a plan;
(4)
casting a ballot in an election of a trustee under §§ 702 or 1104(b)(1);
(5)
except as provided in paragraph (b), participating in a meeting of creditors on
behalf of a party other than the debtor or in a meeting of a committee of creditors
or a committee of equity security holders;
(6)
filing a § 1111(b) election;
(7)
filing a rule 2016(b) statement when the attorney has provided service to the debtor
but does not intend to enter an appearance for the debtor; or
(8)
(d)
making a bid at an auction sale held in a case.
Notice of Appearance of Counsel. When an attorney enters an appearance in a proceeding
for a party who previously has been represented by another attorney (or by the party pro
se), that new attorney must file a notice of appearance.
(e)
Appearance at a Hearing. An attorney who has not entered an appearance may not
participate in a hearing on behalf of a client until the attorney files with the Courtroom
Deputy Clerk at the hearing a notice of appearance.
(f)
Effect of Appearance on Requirements Regarding Service on Client in Other Contested
Matters or Adversary Proceedings. Except as provided by LBR 9010-3 (representation
74
of a debtor), an appearance by an attorney does not alter, or impose additional
requirements with respect to, service of papers under Fed. R. Bankr. P. 7004 and 9014.
The attorney may, however, apply for an order imposing additional requirements
regarding such service.
Note: Requirement of Separate Notice of Appearance. Paragraphs (d) and (e) of this Rule are
intended to insure that the Clerk will note an attorney's appearance for purposes of receiving
notices of electronic filings in a proceeding when another attorney previously represented or also
represents the client or when the attorney first appears at a hearing in the proceeding.
Note: Effect of Entry of Appearance on Service Requirements Regarding Future Adversary
Proceedings or Contested Matters. Paragraph (f) of this Rule is adopted to clarify that a socalled general appearance in a case does not modify the requirements regarding making service
on the attorney's client when a new adversary proceeding or contested matter is commenced.
RULE 9010-2.
(a)
WITHDRAWAL OF AN ATTORNEY'S APPEARANCE
Withdrawal of Appearance by Notice of Substitution of Attorney. An attorney may
withdraw an appearance in the specified matter(s) by filing a notice of withdrawal signed
by the attorney and the party represented if:
(1)
no trial date has been set with respect to the specific matter(s) for which
withdrawal is to be effected; and
(2)
another attorney has previously or contemporaneously entered an appearance on
behalf of the client.
(b)
Withdrawal of Appearance by Motion. DCt.LCvR 83.6(c) governs withdrawal of an
appearance by motion except that:
(1)
the motion must identify the specific matter(
This text is long and has been trimmed here. Open the source document for the complete record.
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.