# UNITED STATES BANKRUPTCY COURT

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## Record

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

## Text

UNITED STATES BANKRUPTCY COURT
FOR THE
WESTERN DISTRICT OF MICHIGAN

LOCAL BANKRUPTCY RULES
February 1, 2019

LOCAL BANKRUPTCY RULES
UNITED STATES BANKRUPTCY COURT
FOR THE WESTERN DISTRICT OF MICHIGAN
EFFECTIVE: February 1, 2019

Table of Contents
Rule

Pages

Rule 1001: Scope, Citation, and Definitions ......................................................................... 1-2
Rule 1002: Disclosure of Nonfiling Spouse and Contributions to
Household Expenses..................................................................................................... 3
Rule 1004: Partnership Petition ............................................................................................... 3
Rule 1006: Filing Fee.............................................................................................................. 3
Rule 1007-1: Paper Filers........................................................................................................ 3
Rule 1007-2: Additional Required Documents ..................................................................... 3-7
Rule 1009: Amendments to Petitions, Lists, Schedules, and Statements .................................. 7
Rule 1014: Determination of Place of Holding Court ........................................................... 7-8
Rule 1017: Funds upon Dismissal or
Conversion……………………………………………………………………………....9
Rule 2002: Noticing ................................................................................................................ 9
Rule 2003: Information for the Appointment of a
Committee…………………………………...……………………………………….9-10
Rule 2004: Examination of a Party in Interest ....................................................................... 10
Rule 2007: Appointment of Patient Care Ombudsman in a Health Care
Business Case............................................................................................................. 10
Rule 2014: Appointment of Professional Persons ............................................................. 10-11

i

Rule

Pages

Rule 2016-1: Disclosure of Compensation Paid or Promised to Attorney
or Bankruptcy Petition Preparer.................................................................................. 11
Rule 2016-2: Fee Applications Filed Pursuant to Fed. R. Bankr. P. 2016.......................... 11-13
Rule 2030: Interim Expenses to Preserve the Estate.......................................................... 13-14
Rule 3002: Chapter and 13 Claims ....................................................................................... 14
Rule 3013: Classification of Claims and Interests in Chapter 11 Plan .................................... 14
Rule 3015: Chapter 12 and 13 Plans................................................................................. 15-17
Rule 3016: Pre-Confirmation Lease and Adequate Protection Payments................................ 17
Rule 3018: Ballots................................................................................................................. 17
Rule 3022: Final Decree and Closing .................................................................................... 18
Rule 4001-1: Motions for Relief from the Automatic Stay................................................ 18-19
Rule 4001-2: Motions for Use of Cash Collateral or to Obtain Credit ............................... 19-20
Rule 4001-3: Motions for Approval of Agreed Relief....................................................... 21-22
Rule 4001-5: Motions to Extend Stay.................................................................................... 22
Rule 4004-1: Delayed Discharge ........................................................................................... 22
Rule 4004-2: Certification Regarding Domestic Support Obligations .................................... 22
Rule 5003: Clerk – General Authority.............................................................................. 22-23
Rule 5005-1: Filing of Documents ................................................................................... 23-24
Rule 5005-2: Defective Pleadings and Papers................................................................... 24-25
Rule 5005-3: CM/ECF Transmittal of Documents by Clerk to United States Trustee ....... 25-26
Rule 5005-4: Electronic Service of Documents on Parties ..................................................... 26
Rule 5011: Withdrawal of Reference................................................................................ 26-27
Rule 5090: Courthouse Conduct............................................................................................ 27
Rule 5091: Cell Phones, Photography, and Recording ........................................................... 28

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Rule

Pages

Rule 6004: Use, Sale, or Lease of Property....................................................................... 28-29
Rule 6005: Auctioneers ......................................................................................................... 29
Rule 6007: Abandonments Initiated by Trustee ..................................................................... 29
Rule 7008: Consent to Final Judgment or Order in Core Proceedings.................................... 30
Rule 7026: Applicability of Fed. R. Civ. P. 26 to Contested Matters...................................... 30
Rule 7090: Settlement of Adversary Proceedings .................................................................. 30
Rule 8001: Appeals from the Bankruptcy Court .................................................................... 30
Rule 8009-1: Designation of Record and Issues on Appeal.................................................... 30
Rule 9004: General Requirements of Form............................................................................ 31
Rule 9010-1: Admission, Discipline, Suspension, and Disbarment ................................... 31-32
Rule 9010-2: Representation and Appearances...................................................................... 32
Rule 9010-3: Pro Hac Vice Admission.................................................................................. 32
Rule 9011: Signatures on Electronically Filed Documents and Statements of Social Security
Number(s) ........................................................................................................................ 33-34
Rule 9013: Motion Practice.............................................................................................. 34-36
Rule 9013-1: Proof of Service ................................................................................................ 37
Rule 9015: Jury Trials ........................................................................................................... 37
Rule 9016: Use of Courtroom Electronic Equipment ............................................................. 38
Rule 9017: Teleconferencing and Videoconferencing............................................................ 38
Rule 9019-1: Bankruptcy Alternative Dispute Resolution Program ........................................ 38
Rule 9019-2: ADR Favored............................................................................................... 38-39
Rule 9019-3: Administration of the Program.......................................................................... 39
Rule 9019-4: Eligible Matters ................................................................................................ 39
Rule 9019-5: Pro Bono Mediations ........................................................................................ 39

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Rule

Pages

Rule 9019-6: Panel of Qualified Neutrals ............................................................................... 40
Rule 9019-7: Qualifications and Criteria for Panel of Qualified Neutrals........................... 40-41
Rule 9019-8: Service of Neutrals............................................................................................ 41
Rule 9019-9: Assignment of Disputes to the Program ....................................................... 41-42
Rule 9019-10: Effect on Discovery ....................................................................................... 42
Rule 9019-11: Certification of ADR Conference ............................................................... 42-43
Rule 9019-12: Confidentiality & Privilege ........................................................................ 43-44
Rule 9019-13: Mediation Procedure.................................................................................. 45-46
Rule 9019-14: Attendance at Mediation Conference............................................................... 46
Rule 9019-15: Conduct of the Mediation Conference ........................................................ 46-47
Rule 9019-16: Suggestions and Recommendations of the Mediator........................................ 47
Rule 9019-17: Conclusion of the Mediation Conference......................................................... 47
Rule 9019-18: Failure to Attend Mediation Conference.......................................................... 48
Rule 9019-19: Compensation of Mediators ............................................................................ 48
Rule 9019-20: Evaluation of Mediation Program.................................................................... 48
Rule 9019-21: Definition of Case Evaluation ......................................................................... 48
Rule 9019-22: Standard Case Evaluation........................................................................... 48-49
Rule 9019-23: Blue Ribbon Case Evaluation..................................................................... 49-50
Rule 9021: Entry of Orders and Judgments ........................................................................... 50
Rule 9029: General Provisions ......................................................................................... 50-51
Rule 9037-1: Redacting Personal Identifiers.......................................................................... 51
Rule 9037-2: Use of Electronic Transcripts ...................................................................... 51-52
Rule 9037-3: Docketed Audio Files....................................................................................... 52
Rule 9037-4: Filing Documents Under
Seal……………………………………………………………………………….…….52

iv

(4) “Code” means the United States Bankruptcy Code, Title 11 of the United
States Code.
(5) “Domestic Support Obligation” has the same meaning as prescribed in the
Code.
(6) “ECF Filer” means a person registered to file a document using CM/ECF.
(7) “Over the counter” or “conventional” with respect to the filing of any
document with the Court means delivery of that document to the Court by any method
other than electronic transmission using CM/ECF.
(8) “Paper” or “Papers” as applied to cases and proceedings assigned to
CM/ECF includes documents in electronic format presented for filing unless the context
clearly indicates otherwise.
(9) “Paper Filer” means a person authorized to file a document “over the
counter” without using CM/ECF.
(10) “Payment Advices” has the same meaning as prescribed in the Code.
(11) “Practice in the Court” means, in connection with a case or proceeding
pending in this Court, (A) to appear in, commence, conduct, prosecute, or defend a
matter in that case or proceeding; (B) to appear in open court; (C) to sign a document;
(D) to participate in a pretrial conference; (E) to represent a client at a deposition; (F) to
counsel a client in the action or proceeding for compensation; or (G) to otherwise
practice in this Court or before an officer of this Court.
(12) “Scanned Image” includes any electronically-generated graphic depiction
of any original or duplicate document stored in electronic format and compatible with
CM/ECF, unless the context requires otherwise.
(d) Application of Local Bankruptcy Rules. These Rules apply to all cases and
proceedings except to the extent that they are inconsistent with the Code, the Federal Rules of
Bankruptcy Procedure, or any rule promulgated by the Judicial Conference of the United
States.
(e) Use of Forms. Whenever the use of an Official Form is required under these
Rules, Fed. R. Bankr. P. 9009 applies. Whenever the use of a Local Form is required under
these Rules, LBR 9029(d) applies.
(f) Statutory References. Unless otherwise stated, citations in these Rules to any
statutory section using the “§” symbol shall refer to Title 11 of the United States Code.

2

LBR 1002: Disclosure of Nonfiling Spouse and Contributions to
Household Expenses
In Schedule I, a married debtor must disclose the full legal name, address, and income
of a nonfiling spouse unless the spouses are separated and the information is not available. An
individual debtor is not required to disclose a nonspouse cohabitant’s income on Schedule I,
but must include the nonspouse cohabitant’s contributions to household expenses as income to
the debtor.

LBR 1004: Partnership Petition
When a voluntary petition is filed by a partnership, evidence of the consent of all
general partners must be attached to the petition. If a written partnership agreement permits
less than unanimous consent for the filing of a voluntary bankruptcy petition, a declaration to
that effect must be attached to the petition.

LBR 1006: Filing Fee
The Clerk may approve an application by an individual to pay the filing fee in
installments.

LBR 1007-1: Paper Filers
(a) No Copies Required. When filing an original document or amendment, a Paper
Filer is not required to provide the Clerk with extra copies unless a time-stamped copy is
desired.
(b) Time-Stamped Copies. The Clerk will time stamp any copy provided by a
Paper Filer and, if the document is filed by mail, return the copy by mail as long as a selfaddressed envelope with sufficient postage has also been provided.

LBR 1007-2: Additional Required Documents
(a) Corporate Resolution. When filing a bankruptcy petition, a corporate debtor
must file a copy of the corporate resolution that authorizes such filing.
(b) Schedule C in a Joint Case. Each individual in a joint case must file a separate
Schedule C.
(c) Mailing Matrix.

3

(1) Paper Filers. A debtor who is a Paper Filer must file a mailing matrix
with the petition that conforms to the matrix guidelines published by the Clerk.
(Instructions for the preparation of matrices are appended to these Rules as Exhibit 1.)
(2) ECF Filers. ECF Filers must upload a mailing matrix in accordance with
established procedures for submission into CM/ECF.
(3) Verification of Creditor Matrix. The debtor must file a Verification of
Creditor Matrix along with a copy of the matrix. (A Verification of Creditor Matrix
form is appended to these Rules as Exhibit 2.)
(d) Asset Protection Report.
(1) With Original Petition. A Chapter 7 debtor must file an asset protection
report with the original petition.
(2) On Conversion. Any debtor who converts a case from Chapter 11, 12, or
13 to Chapter 7 must file an asset protection report with the motion to convert. If the
conversion is involuntary, the debtor must file the asset protection report within 7 days
after entry of the order for conversion.
(3) Failure to Comply. Failure to comply with this Rule may result in the
dismissal of the case or other appropriate relief as determined by the Court.
(4) Form. Copies of the approved Asset Protection Report form may be
obtained from the Clerk or via the Court’s website at www.miwb.uscourts.gov. (A
copy of the Asset Protection Report form is also appended to these Rules as Exhibit 3.)
(e) Documentation Required by Trustees. In every individual chapter 7 and 13
case, the debtor must submit the following documents to the trustee at least 7 days before the
date first set for the meeting of creditors. The trustee may adjourn the meeting of creditors or
file a motion to dismiss if the documents are not provided by the required deadline.
(1) Copies of all payment advices or other evidence of payment received by the
debtor from any employer within 60 days of the date of filing. This documentation
must be provided to the trustee instead of being filed as prescribed by §
521(a)(1)(B)(iv);
(2) Copies of the federal and state income-tax returns, together with all W-2s,
for the most recent tax year ending immediately before the commencement of the case,
or a debtor’s certification explaining why those tax returns are not available. This
documentation must be provided to the trustee instead of being filed as prescribed by §
521(e)(2);
(3) For each financial account held by the debtor, copies of account statements
or transaction histories that reflect the account’s activity for the 90 days immediately
preceding the commencement of the case;

4

(4) Copies of all certificates of title issued with respect to personal property
owned by the debtor as of the commencement of the case;
(5) Copies of all recorded deeds and mortgages (if any) and the current year's
SEV for all real property in which the debtor holds an interest as of the commencement
of the case;
(6) The declarations pages of all insurance policies that provide coverage for
any real or personal property owned by the debtor as of the commencement of the case;
(7) An account statement showing the current value of all IRAs, 401(k)s,
pensions, or similar retirement or investment accounts held by the debtor as of the
commencement of the case;
(8) If the debtor has been divorced within the last 10 years, a complete copy of
the judgment of divorce and all related agreements; and
(9) If the debtor is required to pay a Domestic Support Obligation, written
documentation showing:
(A) the name, address, and telephone number of the Domestic Support
Obligation recipient; and
(B) the name, address, and telephone number of any Friend of the Court
or similar out-of-state agency; and the case or account number used by the
agency in the Domestic Support Obligation matter.
The foregoing list is not exclusive and the trustee may require the debtor to provide
additional documentation. Similarly, a debtor’s compliance with this Rule does not excuse the
debtor from his or her obligation to continue cooperating with the trustee as required by §
521(a)(3).
(f) Creditor Request for Payment Advices.
(1) Timely Request. In addition to the requirements of (f)(1) above, the
debtor must submit payment advices directly to any creditor who timely requests a
copy. A creditor makes a timely request for payment advices if the request is filed and
served on the debtor and any attorney for the debtor by U.S. mail or CM/ECF no later
than 14 days before the date first set for the meeting of creditors.
(2) Form of Request. A creditor’s request for payment advices must be made
in a separate document captioned “Request for Debtor’s Pay Advices” or a substantially
similar designation and must contain:
(A) the name; address; and telephone number, facsimile number, or
email address of the requesting creditor; and
(B) the name; address; and telephone number, facsimile number, or
email address of any attorney representing the creditor.

5

(3) Compliance with Creditor’s Request. Transmitting payment advices to
the designated facsimile number or email address contained in the request or mailing
payment advices via U.S. Mail to the mailing address of the creditor or its attorney
constitutes compliance with the creditor’s request. The debtor must contemporaneously
file a proof of service indicating that the required payment advices were provided.
(g) Creditor’s Request for Pre-Petition Tax Information.
(1) Timely Request. In addition to the requirements of (f)(2) above, the
debtor must submit pre-petition tax information directly to any creditor who timely
requests a copy pursuant to § 521(e)(2). A creditor makes a timely request for prepetition tax information if the request is filed and served on the debtor and any attorney
for the debtor by U.S. mail or CM/ECF no later than 14 days before the date first set for
the meeting of creditors.
(2) Form of Request. A creditor’s request for tax information must be made
in a separate document captioned “Request for Debtor’s Tax Return Information” or a
substantially similar designation and must contain:
(A) the name; address; and telephone number, facsimile number, or
email address of the requesting creditor; and
(B) the name; address; and telephone number, facsimile number, or
email address of any attorney representing the creditor.
(3) Compliance with Creditor’s Request. Transmitting tax information to
the designated facsimile number or email address contained in the request or mailing
tax information via U.S. Mail to the mailing address of the creditor or its attorney
constitutes compliance with the creditor’s request. The debtor must also contemporaneously file a proof of service indicating that the required tax returns or transcripts
were provided.
(h) Debtor’s Post-Petition Tax Information.
(1) Information Required. On the timely request of the United States
Trustee or a party in interest pursuant to § 521(f), the debtor must furnish the following
tax information at the same time it is filed with the taxing authority:
(A) tax transcripts or returns filed for each post-petition year the
bankruptcy case remains open;
(B) tax transcripts or returns for any year ending within the 3-year
period before the commencement of the case that are filed post-petition while
the bankruptcy case remains open; and
(C) a copy of any amended tax transcript or return filed while the
bankruptcy case remains open.

6

(2) Form of Request. If the United States Trustee or a party in interest desires
to receive a copy of the debtor’s post-petition tax information, it must file a “Motion for
Order Requiring Debtor to Provide Tax Return Information” or a motion with a
substantially similar designation. The motion must contain (A) a citation to the
applicable Code section; (B) the name; address; and telephone number, facsimile
number, or email address of the party filing the motion and of any attorney representing
that party; and (C) a request for relief.
(3) Court Order Requiring Production. On receipt of a motion requesting
the debtor’s post-petition tax information, the Court may (A) set the matter for hearing
with notice to the moving party, any attorney for the moving party, the debtor, and any
attorney for the debtor; or (B) issue an appropriate order without a hearing. If the Court
enters an order requiring the debtor to produce post-petition tax information, the debtor
must furnish the information according to the terms and procedures specified in the
order. The debtor must also contemporaneously file a proof of service indicating that
the required tax returns or transcripts were provided.
(i) Further Discovery. Nothing in this Rule precludes the discovery of other information or documents pursuant to the Code or the Federal Rules of Bankruptcy Procedure.

LBR 1009: Amendments to Petitions, Lists, Schedules, and
Statements
(a) General Procedure. When filing an amendment to the petition or a list,
schedule, or any statement, the debtor must file the entire amended document and highlight the
amendment in some fashion. Unless otherwise ordered by the Court, the debtor must sign
every amended document. However, the debtor may attach a single signed verification if
several documents are contemporaneously amended.
(b) Adding Creditors. If the amendment adds a creditor or creditors, each new
creditor’s name and address must be uploaded into CM/ECF. The debtor must also promptly
serve each newly added creditor with a copy of the Notice of Commencement of Case, Notice
of Meeting of Creditors, and Fixing of Deadlines.
(c) Service of Amendments. The debtor must serve the amendment on the trustee
and all other entities adversely affected by the amendment, and must promptly file a proof of
service showing compliance with Fed. R. Bankr. P. 1009.

LBR 1014: Determination of Place of Holding Court
(a) Clerk to Determine Location for Hearings. Unless otherwise ordered by the
Court, the Clerk will set the location for all hearings, trials, and other matters based on the county
of residence or principal place of business listed on the debtor’s petition.

7

(1) For the following counties, the designated location for holding court is Grand
Rapids:
Barry
Muskegon

Ionia
Newaygo

Kent
Oceana

Mecosta
Ottawa

Montcalm

(2) For the following counties, the designated location for holding court is
Kalamazoo:
Allegan
Hillsdale

Berrien
Cass

Branch
Calhoun

St. Joseph
Kalamazoo

Van Buren

(3) For the following counties, the designated location for holding court is
Lansing:
Clinton

Eaton

Ingham

(4) For the following counties, the designated location for holding court is
Traverse City:
Antrim
Kalkaska
Missaukee

Benzie
Leelanau
Osceola

Charlevoix
Grand Traverse
Wexford

Emmet
Manistee

Lake
Mason

(5) For the following counties, the designated location for holding court is
Marquette:
All of the counties in the Upper Peninsula of Michigan.
(b) Change of Location. The Court may change the location for holding hearings in
a bankruptcy case or adversary proceeding if the change is in the interests of justice or
convenient to the parties. A debtor, creditor, or other party in interest may request a change in
the location for holding hearings by filing a motion with notice to all interested parties pursuant
to LBR 9013.
(c) Exception in Pro Bono Cases. Notwithstanding subparagraph (b) of this Rule,
an attorney who is affiliated with a pro bono program and who has agreed as part of the
program to represent an indigent client before this Court without charge to the client may file a
motion and ex parte order transferring the case to the location for holding court which is
located nearest the principal office of that attorney. In ruling on the motion, the Court may
consider the indigent party’s ability to retain representation if the transfer request is denied.
(1) The Court may issue an order transferring the location for holding court
without prior hearing.
(2) The Clerk will serve the order on all interested parties with notice and an
opportunity to object. If an objection is filed, a hearing will be scheduled at the
designated location where the case would normally be assigned absent a request for
redesignation.

8

LBR 1017: Funds upon Dismissal or Conversion
Upon dismissal or conversion of a Chapter 12 or Chapter 13 case, the trustee shall be
permitted to retain funds received in a case and still on hand at the time of dismissal or
conversion until such time that the method of payment cannot reasonably be dishonored by the
institution upon which the payment was drawn and/or the payor can no longer recall the funds
via not-extraordinary means.

LBR 2002: Noticing
(a) General Rule. The Clerk will serve:
(1) § 341 meeting notices in Chapter 7, 9, 11, 12 and 13 cases;
(2) notices of the provisions under § 522(q)(1) in individual Chapter 7, 11, 12,
and 13 cases;
(3) notices to file Official Form 423 in individual Chapter 7, 11, and 13 cases;
(4) notices of possible dividends and discharges;
(5) notices or orders that are required to be served on all creditors by the United
States Trustee, including notices of final accounting and orders of distribution;
(6) notices of sale sent to the Buyers’ List maintained by the Clerk; and
(7) notices, orders, or other documents when:
(A) the hearing is expedited and the judicial officer determines that the
Clerk is able to serve the parties quicker than the otherwise designated party; or
(B) the party having the burden of service is indigent.
(b) Other Documents. Unless the Court orders otherwise, any other document must
be served by the party who prepared it or, if prepared by the Court, by the party for whom the
document was prepared.

LBR 2003: Information for the Appointment of a Committee
In all Chapter 11 cases, to the extent the following information is not included on the
list of the 20 largest creditors holding unsecured claims that is filed with the petition, debtor’s
counsel must make a good faith effort to immediately provide to the United States Trustee the
e-mail address and contact person for each entity listed on the debtor’s filing under Fed. R.

9

Bankr. P. 1007(d). If an e-mail address is not available and the following information is not
otherwise included on the list of the 20 largest creditors holding unsecured claims that is filed
with the petition, debtor’s counsel must make a good faith effort to immediately provide to the
United States Trustee the name of the contact person, address, telephone number, and facsimile
number of each entity listed on the debtor’s filing under Fed. R. Bankr. P. 1007(d).

LBR 2004: Examination of a Party in Interest
(a) Prerequisite to Filing Application. Any entity seeking to examine a party in
interest pursuant to Fed. R. Bankr. P. 2004 must first contact the party’s attorney (or the party
directly if not represented by counsel) to arrange a mutually convenient date, time, and place
before filing an application pursuant to that Rule. If an agreement is reached, the application
must include the agreed-upon date, time, and place of the examination.
(b) Filing of Application Without Agreement. If, after making all reasonable
efforts, the applicant is unable to set a mutually acceptable date, time, and place for the
examination, the application must include a specific description of the efforts made and the
proposed date, time, and place for the examination.

LBR 2007: Appointment of Patient Care Ombudsman in a Health
Care Business Case
If the debtor in a case under Chapter 7, 9, or 11 is a health care business, the debtor
must, at the same time as the petition, file a separate motion to determine whether appointment
of a patient care ombudsman is necessary pursuant to § 333(a).

LBR 2014: Appointment of Professional Persons
(a) Scope. This Rule governs all applications for employment of professional persons
made in connection with a case.
(b) Application and Order of Employment. A committee in a chapter 11 case, a
standing trustee, an appointed trustee, or a debtor-in-possession may file an application for
employment of professionals pursuant to Fed. R. Bankr. P. 2014. The application and
proposed order must be filed with the Clerk and served electronically on the United States
Trustee. A hearing will not be held on the application unless a timely objection is received
from the United States Trustee or the Court indicates otherwise.
(1) Objection Filed. The United States Trustee may file an objection to the
application within 28 days from the date of entry of the application. The objection must
be served on the applicant and any party in interest. If a hearing is scheduled, the Clerk
will serve notice of the hearing on the United States Trustee, the applicant, and any
other person the Court may direct.
(2) No Objection Filed. If no objection or request for hearing is filed within
28 days after entry of the application, the applicant may file a certification stating that
no timely response or request for hearing has been filed. No such certification is
10

required if the United States Trustee has previously filed a Statement of No Objection
and served the Statement of No Objection on the applicant.
(c) Emergency Applications. If the applicant requires emergency approval of the
application for employment, the United States Trustee may certify on the applicant’s proposed
order that it has no objection to the application. The Court may immediately enter the certified
order unless the Court requires further notice or a hearing.

LBR 2016-1: Disclosure of Compensation Paid or Promised to
Attorney or Bankruptcy Petition Preparer
(a) General Rule. Within 14 days after the order for relief, every debtor’s attorney
or bankruptcy petition preparer must file a statement disclosing any fee paid or agreed to be
paid during the 12 months preceding the order for relief, the source of any such fee paid or
promised, and a description of the services included or excluded from that fee. If the debtor is
represented by an attorney, the statement must disclose any fee-sharing agreement.
(b) Chapter 7. In Chapter 7 cases only, the statement must be filed as a separate
docket entry from the petition and schedules.
(c) Supplemental Statement. In all cases, a supplemental statement must be filed
within 14 days of any payment or agreement not previously disclosed.
(d) Chapters 12 and 13. In Chapter 12 and 13 only, no more than 21 days after
filing of a Chapter 12 or 13 petition a professional person seeking compensation as an
administrative expense must file a copy of the executed fee agreement and serve the trustee and
the United States Trustee. The fee agreement must plainly indicate the basis for calculating the
fee and the services included in the fee. The agreement must also specifically describe all
matters that may require additional compensation and the method by which this additional
compensation will be computed.

LBR 2016-2: Fee Applications Filed Pursuant to Fed. R. Bankr. P. 2016
(a) Scope. This Rule and the Court’s Memorandum Regarding Allowance of
Compensation and Reimbursement of Expenses for Court-Appointed Professionals, as
amended from time to time and posted on the Court’s website, govern all applications for
compensation or reimbursement filed pursuant to Fed. R. Bankr. P. 2016.
(b) Burden of Proof. A professional person seeking compensation must file an
application for fees and reimbursement for expenses before receiving any payment from the
estate or applying any retainer that is property of the estate. The applicant has the burden of
proof.
(c) Fee Application Service. A professional person applying for compensation or
reimbursement must file an application and request a hearing or use the notice and opportunity

11

to object procedures as set forth in LBR 9013(c), except that the applicant must then use the
Notice to Creditors and Other Parties in Interest form appended to these Rules as Exhibit 4A or
4B (depending on applicable chapter).
(1) Applications of $1,000 or Less. Except as provided in LBR 20162(d)(4), for fee applications of $1,000.00 or less, service of the application, notice,
supporting documents, and proposed order must be made on the debtor, the trustee, and
the United States Trustee. If all such parties entitled to notice agree, then the
compensation requested may be approved by stipulation.
(2) Applications for More than $1,000. For applications exceeding
$1,000.00, the application, notice, supporting documents, and proposed order must be
served on the debtor, the United States Trustee, the trustee, creditors’ committee (if
none, on the 20 largest creditors holding unsecured claims), equity security holders’
committee, and their attorneys, and the notice must be served on all other interested
parties, except as limited by the terms of a confirmed Chapter 13 plan. If a confirmed
Chapter 13 plan otherwise limits service and notice, service of the application and
service of the Notice shall conform to the terms of the confirmed Chapter 13 plan.
(d) Special Rules for Fee Applications in Chapter 13 Cases.
(1) “No look” Attorney Fee. In a Chapter 13 case, the Court may approve
compensation of a debtor’s attorney up to the “no look” fee without requiring the
attorney to file a formal fee application or an itemized statement of services rendered.
The current “no look” fee is designated by this Court’s Memorandum Regarding
Allowance of Compensation and Reimbursement of Expenses for Court-Appointed
Professionals, as amended from time to time. A copy of the most recent Memorandum
is appended to these Rules as Exhibit 5. An attorney requesting a “no look” fee for
having received certification, as set forth in item 16 of the Court’s Memorandum must
first file a certificate in the form appended to these Rules as Exhibit 6. The Clerk will
retain these certificates for judicial review.

(2) Fee Applications Beyond the “No Look” Fee. The Court will not
approve additional fees beyond the “no look” fee unless the attorney files a fee
application documenting all services provided from the beginning of the case, including
services that were covered by the “no look” fee. The fee application must comply with
the requirements set forth in this Court’s Memorandum Regarding Allowance of
Compensation and Reimbursement of Expenses for Court-Appointed Professionals, as
amended from time to time. The method for computing additional compensation must
also comply with the attorney’s fee agreement, prevailing local billing practices, and
governing case law.

(3) Substitute Counsel. For counsel who become substitute counsel in a case
after compensation has already been paid or awarded to a different attorney or

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professional person in the case, substitute counsel’s application should state the date of
retention, the dates of any previous applications submitted by substitute counsel, the
amounts of compensation and expenses previously requested by substitute counsel, the
date of each approval, and the amounts previously approved to substitute counsel.

(4) Limitation Affecting Fee Petitions Under $1,000. In a case under
Chapter 12 or 13, the procedure permitted under LBR 2016-2(c)(1) may be used only
with respect to a final fee application.

(5) Post-Confirmation Fee Petitions. Every fee petition filed after
confirmation of a Chapter 12 or 13 plan shall describe the impact that approving the
application would have on the plan, explaining how or whether the additional fees and
expenses will (i) be paid through the plan; (ii) affect the distribution to creditors; (iii)
affect the duration of the plan; and (iv) otherwise adversely affect the parties in interest,
including the debtor or debtors.

LBR 2030: Interim Expenses to Preserve the Estate
(a) Administrative Expenses under $1,000. In a Chapter 7 case, the trustee may
pay the following § 503(b) administrative expenses without prior notice and a hearing if the
expenses are incurred in the ordinary course of the estate’s administration and the aggregate
amount of all such expenses does not exceed $1,000:
(1) expenses related to changing locks on premises included in the estate;
(2) storage (or rent) expenses for estate property;
(3) expenses associated with winterizing estate property;
(4) insurance for estate property;
(5) advertising proposed sales of estate property;
(6) moving expenses related to transportation of estate property;
(7) expenses related to determining the existence or perfection of liens (but
excluding the compensation of any professional person conducting the investigation);
(8) bank fees for obtaining copies of bank documents;
(9) transcript or court-reporter fees; and
(10) taxes incurred by the estate.

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Any time after an expense has been allowed pursuant to this subparagraph, a creditor or
other party in interest may request a hearing to reconsider the allowance of the expense.
(b) Administrative Expenses over $1,000. The trustee must file a motion with
notice and opportunity to object pursuant to LBR 9013(c) before paying any administrative
expense that exceeds the $1,000 aggregate amount. The notice must be served pursuant to Fed.
R. Bankr. P. 2002(a).
(c) Notice Required Before Expenditures Made.
(1) Notice to Creditors Directly Affected. Except as provided in
subparagraph (a), the trustee must give advance notice of a proposed expenditure to any
creditor directly affected by the expenditure.
(2) Notice to Others. Any creditor or the United States Trustee may demand
advance notice of expenditures in any case. If a demand is made, the trustee must give
notice of the expenditure as far in advance as is reasonably practicable. If in the
trustee’s judgment funds must be expended on an emergency basis to avoid damage to
the estate’s property, notice must be given to the requesting party promptly after
payment.
(d) Objection Filed. If the United States Trustee or a party in interest objects to any
expenditure, written notice of the objection must be filed and served on the trustee and all
interested parties. If an objection is filed before the expense is paid, the trustee may not pay the
expense without obtaining a court order.
(e) Expenses Not Covered by This Rule. This Rule does not authorize payment of
wages or professional compensation or authorize the payment of estate funds to the trustee or
anyone employed by the bankruptcy estate.

LBR 3002: Chapter 12 and 13 Claims
To file a Chapter 12 or 13 claim, a signed claim form that includes all necessary
attachments in support of the claim as required by Fed. R. Bankr. P. 3001(c) and (d) must be
filed with the Clerk. Claims are deemed filed on the date and time received by the Clerk unless
the Court orders otherwise.

LBR 3013: Classification of Claims and Interests in Chapter 11 Plan
If a Chapter 11 plan classifies secured claims, priority unsecured claims, or equity
interests, it must identify by name each entity holding a claim or interest in that class and the
amount of that claim or interest.

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LBR 3015: Chapter 12 and 13 Plans
(a) Service of § 341 Meeting Notices and Plans. Except as otherwise provided in
this subsection, the Clerk will serve the § 341 meeting notice and a copy of the debtor’s
original plan or plan summary on all creditors and parties in interest listed on the mailing
matrix. To the extent applicable, nothing in this Rule excuses compliance with Fed. R. Bankr.
P. 7004. If the debtor fails to file a mailing matrix with the petition or if the debtor adds
creditors to the mailing matrix after the case is filed, then the debtor must serve the § 341
meeting notice and a copy of the debtor’s plan or plan summary on all creditors and other
parties in interest or on the newly added creditors, as the case may be. The debtor must also
file a proof of service.
(b) Dismissal When Debtor Fails to File Schedules, Statements, or a Plan. If
a debtor files a Chapter 13 petition but does not also file the schedules and statements as
required by Fed. R. Bankr. P. 1007(b) or a plan as required by Fed. R. Bankr. P. 3015(b), the
Court may send the debtor and debtor’s attorney a notice stating that the case may be dismissed
without further hearing unless:
(1) the debtor files the required documents within 14 days of the filing of the
petition;
(2) the debtor moves for an extension of time to file the required documents
within 14 days of filing the petition; or
(3) the case has been converted to Chapter 13 from another chapter of the Code.
(c) Payroll Deduction Orders in Chapter 13 Cases. A payroll deduction order
must be entered in every Chapter 13 case unless it would be impossible or impractical.
Exception from the payroll deduction order requirement may be permitted by the Chapter 13
trustee based upon information provided, as well as a debtor’s testimony, at the First Meeting
of Creditors held pursuant to § 341. If the Chapter 13 trustee will not agree that Chapter 13
plan payments may be made by a method other than a payroll deduction order, the debtor may
seek relief from the requirement by filing a motion showing good cause why a payroll order
should not be entered. (The Payroll Order form is appended to these Rules as Exhibit 7.)
(d) Model Chapter 13 Plan.
(1) Mandatory Use. The Court will maintain on its website a Chapter 13 plan
adopted by the Chapter 13 trustees that will serve as a model for drafting Chapter 13
plans in this district. Absent exceptional circumstances, a Chapter 13 debtor must use
the model plan but may make modifications to the plan to meet his or her particular
needs. If a modification is made, the modification must be conspicuously described in
Section IV.R. of the model plan unless the modification has otherwise been excepted
from disclosure by the Chapter 13 trustee assigned to the case. (The Model Chapter 13
Plan is appended to these Rules as Exhibit 8.)

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(2) Future Amendments. The Chapter 13 trustees will regularly consult with
attorneys who represent debtors and creditors in Chapter 13 cases in this district to
discuss any needed changes to the model plan. Unless otherwise ordered by the Court,
amendments may not be made more than once a year, with the Chapter 13 trustees
submitting proposed amendments, if any, to the Court for final approval in August of
each year.
(e) Pre-Confirmation Amendments to Plans.
(1) Amendment Numbering. All pre-confirmation amendments to a plan
must be numbered chronologically and entitled “First Pre-Confirmation Plan
Amendment . . . , Second Pre-Confirmation Plan Amendment . . .”, etc.
(2) Preamble Amendments. If an amendment is being filed in its entirety to
correct the preamble to the Chapter 13 plan, then alterations from the previous plan
shall be highlighted.
(3) Other Amendments. If an amendment is not being filed to correct or alter
the preamble to the Chapter 13 plan, then the amendment must include only the
provisions that differ from the previous plan.
(4) Service. The debtor must serve the amendment, together with a notice of
the hearing date for confirmation, on the trustee and any creditors or parties in interest
who may be adversely affected, and must file a proof of service.
(5) Amendments affecting non-consenting creditors. The debtor may not
file a plan amendment that adversely affects the rights of non-consenting creditors less
than 28 days before the confirmation hearing date.
(f) Post-Confirmation Amendments to Chapter 13 Plans.
(1) General Rule. All amendments to a confirmed plan must be filed by a
party permitted by § 1329(a). The proponent must use the notice and opportunity to
object procedures set forth in LBR 9013(c).
(2) Amendment Numbering. Post-confirmation amendments to a plan must
be numbered chronologically and entitled “First Post-Confirmation Plan Amendment . .
. , Second Post-Confirmation Plan Amendment . . . ”, etc.
(3) Explanation. The amendment must include only the provisions that differ
from the plan as confirmed and explain how each new or amended provision changes
the plan.
(4) Service. The debtor must serve the trustee and any creditors or parties in
interest who may be adversely affected by the amendment with a copy of the
amendment and the LBR 9013(c) notice; and must file a proof of service.

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(g) Refunds to Debtors. As long as the confirmed plan so provides, the Chapter 13
trustee may refund estate monies to the debtor, including income tax refunds, without
amending the plan or otherwise securing a court order. The Chapter 13 trustee may also refund
estate monies to the debtor on an emergency basis, even if the confirmed plan does not so allow
and without prior court order, if the debtor stipulates in writing to repay the refund to the estate
before completion of the plan.

LBR 3016: Pre-Confirmation Lease and Adequate Protection Payments
(a) Plan Requirements. Unless the Court orders otherwise, when a debtor files a
Chapter 13 plan providing that a lease or adequate protection payment be paid by the trustee to
a creditor listed in the plan, the plan must:
(1) list the name, address, account number, and payment amount for each lessor
or secured creditor receiving a payment;
(2) provide that the trustee may not disburse any adequate protection payments
to a secured creditor until a proof of claim is filed; and
(3) provide that the trustee may only pay that portion of an allowed, secured
claim that comes due after the order for relief.
(b) Adequate Protection Payment Disbursements. As long as the plan provides
the information required by subparagraph (a), the trustee may begin making lease or adequate
protection payments within 28 days after a proof of claim is properly filed, subject to the
availability of funds and the trustee’s monthly disbursement cycle. The trustee will reduce the
principal amount of any lessor’s or secured creditor’s claim by the amount of the lease or
adequate protection payments remitted. If a secured creditor files a pre-confirmation motion
for relief from the automatic stay, the trustee will suspend lease or adequate protection payment
disbursements until a final decision on the motion has been made. If the motion is denied, the
trustee will resume making disbursements of lease and adequate protection payments, including
the suspended payments, as available funds permit, unless the Court orders otherwise.
(c) Dismissal before Confirmation. If a Chapter 13 case is dismissed before
confirmation of the plan, the trustee will make pre-confirmation lease and adequate protection
payments that are owed through the date of dismissal to the extent that funds are available for
that purpose and the requirements of subparagraph (a) have been met.

LBR 3018: Ballots
Unless the Court orders otherwise, all original ballots accepting or rejecting a Chapter
11 plan must be filed with the Clerk.

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LBR 3022: Final Decree and Closing
On entry of the final decree and after all contested matters and adversary proceedings
are completed, the Clerk will close the case. Unless the Court orders otherwise, a Chapter 11
debtor must file an application for entry of a final decree upon substantial consummation of the
plan.

LBR 4001-1: Motions for Relief from the Automatic Stay
(a) Scope. This Rule governs all motions made pursuant to Fed. R. Bankr. P. 4001(a)
for relief from the automatic stay as provided for in § 362(a).
(b) Use of “Notice and Opportunity” Procedures. A creditor may request relief
from the automatic stay by filing a motion with notice and opportunity to object pursuant to
LBR 9013(c). However, nothing in this subparagraph prohibits a party from seeking relief
from stay using other motion procedures permitted by LBR 9013. A secured party seeking
relief from the automatic stay by motion with notice and opportunity to object must attach to its
motion documentary proof that any lien it asserts has been perfected in accordance with
applicable law.
(1) Combined with Motion for Abandonment. Notwithstanding LBR
9013(e), a creditor may combine a motion for abandonment of estate property with the
motion for relief from the automatic stay as long as the words “abandon” or
“abandonment” clearly appear in the title of the document. Notwithstanding the filing
of a combined motion, the creditor still has the burden of proof under § 554 to show
that the proposed abandoned property is of inconsequential value to the estate. The
combined motion must be served on the entire matrix, and combining the two motions
does not waive either of the filing fees associated with the respective motions.
(2) Response Filed. If a response is filed by a party, only the final hearing
will be scheduled under LBR 9013(c)(3). The response must set forth with specificity
the party’s good-faith reasons for objecting to the motion and for believing that relief
from the stay will be denied if a hearing is held. Notwithstanding the filing of a
response, the Court may enter an order lifting the stay without conducting a final
hearing if the response does not establish a good-faith basis for objecting to the motion.
(c) Use of Contested Motion Procedures. If a movant does not proceed under
subparagraph (b) or if the Court determines that a relief from stay motion should proceed by
preliminary and final hearing, the Clerk will schedule the preliminary hearing on the motion
within 30 days from the filing of the motion and a final hearing within an additional 30 days.
Should such scheduling exceed the time limits established by the Code, the Federal Rules of
Bankruptcy Procedure, or these Rules, the Clerk will make such alternative arrangements as are
required to comply with the time limitations of § 362(e). The Clerk will transmit a copy of the
notice of hearing to the movant, who must serve the notice and motion in compliance with Fed.
R. Bankr. P. 4001. The movant must file a proof of service of the notice and motion before any
relief may be granted on the motion.

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(1) Preliminary Hearing. At the preliminary hearing, the Court will
determine: (A) whether material, disputed issues of fact exist, and (B) whether there is
a reasonable likelihood that the party opposing the relief will prevail. These issues will
be decided solely on the arguments of counsel and will be limited to no more than one
hour unless the Court, on its own or on prior request of counsel, permits otherwise. The
parties may further request that a preliminary hearing be treated as a final hearing. If
the Court finds the existence of material, disputed facts and a likelihood that the party
opposing relief will prevail, the hearing may be adjourned to a final hearing. At the
conclusion of the preliminary hearing, the Court may decide questions of law, may
define factual or legal issues to be decided at the final hearing, and may issue an
appropriate scheduling order. If the preliminary hearing is adjourned to a final hearing,
the stay will remain in effect until the Court orders otherwise. The Court may also
grant adequate protection to the movant in the interim.
(2) Final Hearing. The Court may hear testimony at the final hearing or
schedule a different time and date for testimony.
(d) Settlements. Nothing in this Rule prohibits the parties from filing a stipulation
for relief from the automatic stay in accordance with LBR 4001-3(c).

LBR 4001-2: Motions for Use of Cash Collateral or to Obtain Credit
(a) Contents of the Motion, Adequate Protection and Valuation of Secured
Interests. In addition to the requirements of Fed. R. Bankr. P. 4001(b)(1)(B) and
4001(c)(1)(B), a motion for use of cash collateral under § 363(c) or to obtain credit under §
364(c) or (d) must explicitly state the adequate protection offered the creditor and the moving
party’s position as to the value of each of the secured interests to be protected. Pertinent
appraisals and projections must be summarized in the motion.
(b) Cover Sheet.
(1) The motion must be filed with a completed form “Cover Sheet for Motion
to Use Cash Collateral or to Obtain Financing,” which is appended to these Rules as
Exhibit 9. If a completed cover sheet is not filed, the Court may enter an order striking
or denying the motion without prejudice to the movant’s right to re-file the motion in
compliance with this Rule.
(2) If any proposed order granting interim or final relief would alter any
information given in the initial cover sheet, then the movant must file an amended cover
sheet concurrently with the submission of the proposed order indicating where
appropriate all changes from the original proposed order.
(c) Expedited Motion. If a debtor files a motion for entry of an order approving an
agreement to use cash collateral or to obtain credit on an expedited basis, the Court may enter
the order without a hearing if:

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(1) the order is approved by:
(A) all creditors who have an interest in the cash collateral to be used,
(B) any entity extending the requested credit,
(C) the chairperson or attorney for each official committee (if any), and
(D) the United States Trustee;
(2) the order provides for the debtor to use cash collateral or to obtain credit in
a maximum specified dollar amount necessary to avoid immediate and irreparable harm
only until the earlier of:
(A) a final hearing, or
(B) the date the order becomes a final order;
(3) the order provides for a final hearing, to be scheduled by the Court when the
order is entered;
(4) the order provides that the debtor will serve a copy of the motion with its
attachments and the order on all parties who are required to be served under Fed. R.
Bankr. P. 4001(d);
(5) the order provides that:
(A) objections to the order shall be filed within 14 days from the service
of the order, except that an unsecured creditors’ committee may file an objection
within 14 days of its formation;
(B) on the filing of an objection, a final hearing will be held; and
(C) if no objections are timely filed, an order may become final; and
(6) the motion is accompanied by an affidavit or a declaration of the debtor, or
a principal of the debtor, stating the facts on which the debtor relies in seeking the entry
of the order on an expedited basis and the amount of money needed to avoid immediate
and irreparable harm.
(d) Enlargement or Reduction of Time for Objecting; Hearing. On timely
motion, the Court may enlarge or reduce the time within which an objection must be filed. The
Court may schedule a hearing on the debtor’s motion at any time with such notice as it deems
appropriate.

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LBR 4001-3: Motions for Approval of Agreed Relief
(a) Agreements Subject to this Rule. A party may use the notice and opportunity
procedure of LBR 9013(c) to request Court approval of an agreement to: (1) provide adequate
protection; (2) modify or terminate the stay under § 362 of the Code; (3) use cash collateral; or
(4) create a lien senior or equal to an entity’s lien or interest in property of the estate. Any
motion under this subsection must be accompanied by a copy of the agreement.
(b) Service of Motion. The moving party must serve the notice, motion, agreement,
and proposed order on the following parties:
(1) In a Chapter 7 Case - the parties to the agreement, the Chapter 7 trustee,
the United States Trustee, and any entity that claims an interest in the subject property.
(2) In a Chapter 11 Case - the parties to the agreement; any creditors’ or
equity security holders’ committee appointed under § 1102 of the Code and its
authorized agent, or if no creditors’ committee has been appointed, on the 20 largest
creditors holding unsecured claims; the United States Trustee; and any other entity the
Court directs.
(3) In a Chapter 12 Case - the parties to the agreement, the Chapter 12
trustee, the United States Trustee, and any entity that claims an interest in the subject
property.
(4) In a Chapter 13 Case - the parties to the agreement, the Chapter 13
trustee, the United States Trustee, and any entity that claims an interest in the subject
property.
(c) Stipulations. Parties may obtain relief from the automatic stay under § 362 of the
Code by stipulation provided:
(1) A stipulation and proposed order is filed and approved in writing by:
(A) In a Chapter 7, 12 or 13 Case - the debtor, the party seeking the
relief from stay, the trustee, and every entity that claims an interest in the subject
property (including any co-owner).
(B) In a Chapter 11 Case - the debtor-in-possession (or Chapter 11
trustee), every entity that claims an interest in the subject property (including
any co-owner), and the authorized representative for every official committee
appointed under § 1102 of the Code. In a Chapter 11 case in which an official
committee has not been appointed, this subsection does not apply.
(2) The stipulation conspicuously recites that every entity claiming an interest
in the subject property (including any co-owner) and whose approval is otherwise
required under subsection (c)(1) has signed the stipulation.
(3) Copies of the stipulation filed under subsection (c)(1) and order approving
the same shall be served on the United States Trustee.
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(4) With respect to a stipulation filed under subsection (c)(1), the Court, by
signing the proposed order, is deemed to direct that the procedures prescribed in Fed. R.
Bankr. P. 4001(d)(1), (2) and (3) shall not apply and the stipulation may be approved
without further notice.

LBR 4001-5: Motions to Extend Stay
Unless the Court orders otherwise, the debtor or a party in interest may request a
§ 362(c)(3) extension of the automatic stay by filing a motion with notice and opportunity to
object pursuant to LBR 9013. However, any such motion must be filed within 7 days of the
filing of the petition.

LBR 4004-1: Delayed Discharge
(a) Request for Delay of Discharge. A debtor may request that the Court defer
granting a discharge for 30 days after entry of the order approving the request or until a date
certain. The request must be made by written motion using the official Court form. (A copy of
the Debtor’s Motion to Defer Entry of Discharge is appended to these Rules as Exhibit 10.)
(b) Clerk’s Authority to Grant or Deny. The Clerk may grant or deny the
debtor’s first motion on behalf of the Court by endorsing the motion where indicated on the
form and serving a copy on the appropriate parties. The Clerk must promptly present the
debtor’s subsequent motion or motions to the assigned judge.
(c) Objections to Delay of Discharge. Any party in interest objecting to the
Clerk’s action in subparagraph (b) may move for judicial review within 21 days after entry of
the Clerk’s order on the docket.

LBR 4004-2: Certification Regarding Domestic Support Obligations
In every Chapter 13 case, the debtor must file a written certification that the debtor is
current on any domestic support obligation that came due after the case was filed and on any
prepetition domestic support obligation to the extent provided for by the plan. (A copy of the
Debtor’s Certification Regarding Domestic Support Obligations is appended to these Rules as
Exhibit 11.) This certification is a prerequisite to receiving a discharge in the Chapter 13 case.

LBR 5003: Clerk - General Authority
(a) Clerk’s Authority to Sign Orders and Notices. The Clerk is authorized to
sign and enter the following orders and notices without further direction by the Court:
(1) orders allowing installment payments of filing fees;

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(2) notice and orders of abandonment;
(3) Chapter 13 payroll orders;
(4) orders reducing, disallowing, withdrawing, or transferring claims when
requested by the claimant;
(5) writs of garnishment, executions, and orders to pay;
(6) orders dismissing bankruptcy proceedings and adversary complaints due to
CM/ECF error;
(7) orders granting motions to delay entry of discharge;
(8) orders permitting pleadings or other documents to be filed conventionally
(i.e., on paper); and
(9) orders correcting administrative errors (e.g. erroneously closed cases and
mistakenly entered discharges).
(b) Clerk’s Actions Reviewable. An order signed and entered by the Clerk under
this Rule may be reviewed, suspended, altered, or rescinded by the Court if requested by a
party affected by that order.
(c) Clerk’s Authority to Redact. The Clerk’s authority under this Rule includes
the authority to redact filings that disclose personal identifiers in violation of Fed. R. Bankr. P.
9037(a). However, nothing in this Rule imposes a duty on the Clerk to make the redaction. If
the Clerk does redact a document, the redacted document will replace the original that appears
for public viewing in CM/ECF.
(d) Assignment of New Cases. The Clerk will assign new cases to a judge
consistent with a formula approved by the sitting judges of the Court. If a debtor has filed a
prior bankruptcy case that was assigned to a particular judge and the debtor subsequently files
another bankruptcy case, the Clerk will immediately reassign the subsequent case to the
bankruptcy judge who was assigned to preside over the prior bankruptcy case, except:
(1) when the prior judge was assigned to a particular location for holding court
but is no longer responsible for that location; or
(2) when the current judge who is handling a subsequently filed case advises
the Clerk that the current judge desires to continue to preside over the subsequent case.

LBR 5005-1: Filing of Documents
(a) Filing by Electronic Transmission. Unless otherwise provided in
subparagraph (b) or by Court order, all documents filed in all cases and proceedings must be

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filed electronically according to the ECF Administrative Procedures. Other documents filed
over the counter (via paper) may be rejected by the Court pursuant to LBR 5005-2 and ECF
Administrative Procedures available on the Court’s website at www.miwb.uscourts.gov.
(b) Filing Over the Counter. The following persons are excused from filing by
electronic transmission and may file documents over the counter:
(1) individuals who are not represented by counsel;
(2) filers experiencing internet failure provided the documents are accompanied
by a “Motion for Leave to File Over the Counter”;
(3) filers relying on Section III of the ECF Administrative Procedures; and
(4) filers of documents accompanied by a “Motion for Leave to File Over the
Counter” that includes a clear statement why electronic filing is not feasible.
(c) Filing Locations for Over-the-Counter Filers. Those parties not required to
file electronically may file documents at the following locations in the Western District of
Michigan:
(1) Western District of Michigan – Lower Peninsula. The petition and
any subsequent documents for a bankruptcy case with venue in a county located in the
Lower Peninsula must be filed with the Clerk of the Bankruptcy Court, One Division
Avenue North, Grand Rapids, Michigan 49503.
(2) Western District of Michigan – Upper Peninsula. The petition and
any subsequent documents for a bankruptcy case with venue in a county located in the
Upper Peninsula must be filed with the Clerk of the Bankruptcy Court, One Division
Avenue North, Grand Rapids, Michigan 49503.
(d) Facsimile Filing. Except for the bankruptcy petition, any document may be filed
by facsimile with prior Court approval.

LBR 5005-2: Defective Pleadings and Papers
(a) Time Stamp on Filed Documents. The Clerk will time stamp every document
presented for filing over the counter as soon as practicable.
(b) Rejection for Nonpayment of Fee or Case Closed. The Clerk may reject,
without filing, a document:

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(1) not accompanied by the fee required to be paid at the time of filing pursuant
to 28 U.S.C. § 1930. A fee is not paid unless made in cash, by a certified check or
money order, with an attorney’s credit or debit card or, at the Clerk’s discretion, with a
check drawn on an attorney’s account; or
(2) that is to be filed in a case that does not exist in this Court or which has been
closed, unless the document relates to post-judgment remedies or a motion to reopen a
closed case.
(c) Clerk’s Authority to Strike Defective Documents; Notice. The Clerk may
strike after filing any document that is not signed or verified as required by Fed. R. Bankr. P.
9011. The Clerk will send notice that the document has been stricken to the filing party as
soon as practicable. A stricken document that is amended to correct the defect and filed within
14 days is considered filed as of the date the document was originally filed with the Court.
(d) Request for Judicial Review of Clerk’s Action. Any entity affected by a
notice of rejection or an order to strike a document may file a motion for judicial review of
such action within 14 days of the date of service of the notice of rejection or order to strike. If
the Court determines that the action of the Clerk was improper, the Court may order that the
document be deemed properly filed and determine the effective time and date of filing. The
moving party must serve the motion for judicial review on all affected parties and file a proof
of service.
(e) Notice to Correct Defective Filing. If the Clerk determines that a document is
defective but does not warrant rejection or striking, the Clerk may issue and serve a notice of
defective filing that advises the Filer of the corrective action needed to be taken or already
taken by the Clerk.
(f) Failure to Correct Defective Filing. If any document required by LBR 1007 to
be filed with the petition is not filed at that time, the Clerk will notify the filing attorney (or
debtor if pro se) of the deficiency. If the deficiency is not corrected within 14 days of service
of the notice, the case may be dismissed by the Court without further hearing.

LBR 5005-3: CM/ECF Transmittal of Documents by Clerk to United States
Trustee
(a) Mandatory Transmittal. Copies of the following documents must be
transmitted electronically by CM/ECF to the United States Trustee contemporaneously with
their filing with the Clerk:
(1) all documents (including notice of appeals) filed in a Chapter 7 or 11 case;
(2) a notice of appeal filed in an adversary proceeding related to a Chapter 7 or
11 case;

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(3) any complaint to except a debt from discharge pursuant to § 523 or to deny
or revoke a discharge pursuant to § 727; and
(4) all settlement papers filed in an adversary proceeding or a contested matter
in a case under Chapter 7 or 11.
(b) Transmittal is not Service. The Clerk’s transmittal of such documents
electronically by CM/ECF does not constitute “service” of the document on the United States
Trustee by the filing party. Nothing in this Rule changes the applicable obligations of parties
to serve the United States Trustee under the Federal Rules of Bankruptcy Procedure or
elsewhere under these Rules.
(c) Additional Documents. The United States Trustee also may file a notice of
appearance, or a motion requesting transmittal of additional documents, in a particular case.

LBR 5005-4: Electronic Service of Documents on Parties
(a) Electronic Service. When service of a document is required by the Federal Rules
of Bankruptcy Procedure, these Rules, or the Court, service may be made through CM/ECF.
Serving a document through CM/ECF does not excuse the Filer from timely filing proof of
service that identifies the entity served and indicates the date and method of service.
(b) Service Completed. If the intended recipient is an ECF Filer, service is deemed
complete when the Notice of Electronic Filing is transmitted to the Filer.
(c) Proof of Service. When a proof of service is required by the Federal Rules of
Bankruptcy Procedure, these Rules, or Court order, the proof of service must indicate the method
of service (U.S. Mail, private courier, facsimile, electronically, etc.).

LBR 5011: Withdrawal of Reference
(a) Form of Request. A request for withdrawal of the reference of all or part of a case
or proceeding referred to the Bankruptcy Court must be made by filing a motion with the Clerk.
The motion must clearly and conspicuously state that “RELIEF IS SOUGHT FROM A UNITED
STATES DISTRICT JUDGE.”
(b) Time for Filing. A motion to withdraw the reference of the entire bankruptcy
case must be filed by the time first set for the meeting of creditors. A motion to withdraw the
reference of all or part of an adversary proceeding must be filed by the date on which the
answer, reply, or motion under Fed. R. Bankr. P. 7012 or 7015 is first due. A motion to withdraw the reference of a contested matter within a case must be filed not later than 14 days after
service of the motion, application, or objection that initiates the contested matter.
Notwithstanding the foregoing, a motion to withdraw the reference may still be filed within 14
days of the filing of any pleading or paper that for the first time raises the reason for seeking
the withdrawal.

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(c) Proceedings Unaffected. The filing of a motion to withdraw the reference does
not stay proceedings in the Bankruptcy Court. The procedures relating to stay are set forth in
Fed. R. Bankr. P. 5011.
(d) Designation of Record. The moving party must file with the Clerk of the
Bankruptcy Court and serve on interested parties a designation of those portions of the record
of the case or proceeding in the Bankruptcy Court that the moving party believes will
reasonably be necessary or pertinent to the United States District Court’s consideration of the
motion. Within 14 days after service of such designation of record, any other party may serve
and file a designation of additional portions of the record. If the record designated by any party
includes a transcript of any hearing or trial, that party must, immediately after filing the
designation, deliver to the Bankruptcy Court’s electronic court recorder operator or contract
court reporter a written request for the transcript and make satisfactory arrangements for
payment of its cost. The parties must take all steps necessary to enable the Clerk to assemble
and transmit the record.
(e) Response Filed; Reply. If a party opposes the requested withdrawal, it must file
and serve its objection within 14 days of service of the motion to withdraw the reference. The
moving party may then file and serve a reply within 14 days after service of the objection.
(f) Transmittal to and Proceedings in the United States District Court. When the
record is complete except for transcripts, the Clerk of the Bankruptcy Court will promptly
transmit to the Clerk of the United States District Court the motion and the designated portions
of the record.

LBR 5090: Courthouse Conduct
(a) Solicitation. Solicitation of business relating to bonds or to employment as
counsel is prohibited in the courthouse.
(b) Loitering. Loitering in or about the rooms or corridors of the courthouse is
prohibited.
(c) Disruptive Behavior. Any behavior that impedes or disrupts the orderly conduct
of the Court’s business is prohibited.
(d) Signs. Card, signs, placards, or banners may not be brought into any of the courtrooms or on any floor where a courtroom is located.
(e) Enforcement. The United States Marshal, deputy marshals, court security
officers, and the authorized employees of the courthouse may enforce this Rule by ejecting
violators from the courthouse or by having them appear before one of the judges of this Court.

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LBR 5091: Cell Phones, Photography, and Recording
(a) Prohibited Uses. Use of cell phones inside any courtroom is prohibited. Video
equipment inside any courtroom is prohibited unless the Court specifically orders otherwise. The
taking of photographs in any courtroom or its environs in connection with a judicial proceeding;
the broadcast of a judicial proceeding by radio, television, or other means; and the audio or video
recording of a judicial proceeding are all strictly prohibited.
(b) Exceptions. The judicial officer in whose courtroom the proceeding occurs may
authorize the use of appropriate devices to preserve or present evidence and to broadcast or
memorialize investiture, ceremonial, or naturalization proceedings.
(c) Adoption of Supreme Court Rules. Rules or regulations promulgated by the
United States Supreme Court relating to photographing, recording, or broadcasting judicial
proceedings are also incorporated by reference into this Rule.
(d) Adoption of District Court Rules in Kalamazoo, Lansing and Marquette.
Notwithstanding anything in this Rule to the contrary, the rules of the United States District
Court governing use of cell phones, photography, and recording shall apply, and may be
enforced, in the Kalamazoo, Lansing, and Marquette courthouses.

LBR 6004: Use, Sale, or Lease of Property
(a) Descriptions of Real Property. A motion, complaint, or proposed order s
regarding the use, sale, or lease of real property or liens on such property must include:
(1) the complete legal description in recordable form; and
(2) the common street address.
(b) Report of Sale.
(1) Sale by a Chapter 7 Trustee. The trustee must file a report regarding the
sale of all real or personal property, whether tangible or intangible, and serve a copy of
the report on the debtor and the United States Trustee. The report must include:
(A) an itemized statement of the property sold;
(B) a list of bidders;
(C) the name of each purchaser;
(D) the price received for each item or lot, or for the property as a whole
if sold in bulk;
(E) the date, time, and place of each sale;

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(F) a calculation of compensation allowable under the order of appointment of any professional retained to effectuate each sale;
(G) copies of the sale advertisement; and
(H) a summary listing of all sale expenses including advertising expenses,
sign expenses, labor, postage, and other mailing expenses.
(2) Sale by a Chapter 13 Debtor. A Chapter 13 debtor who sells real or
personal property, whether tangible or intangible, must provide a copy of the closing
statement for the sale to the Chapter 13 trustee within 14 days after close.

LBR 6005: Auctioneers
(a) Bond Required. An auctioneer employed pursuant to § 327 must be bonded unless
the Court specifically orders otherwise. The bond must be drawn in favor of the United States
and cover the faithful performance of the auctioneer’s duties to the estate. Unless otherwise
directed by the Court, the bond must be in the amount of at least $100,000.
(b) Proceedings on Auctioneer’s Bond. A proceeding on the auctioneer’s bond may
be brought in the name of the United States by any party in interest claiming injury because of
the auctioneer’s actions.

LBR 6007: Abandonments Initiated by Trustee
(a) Notice of Abandonment. A trustee’s notice of abandonment pursuant to Fed. R.
Bankr. P. 6007(a) must substantially conform to the form appended to these Rules as Exhibit
12.
(b) Service of Notice. If a Chapter 7 trustee intends to abandon estate property, service
of the notice must be made by the filing party as follows:
(1) cases in which a report of no distribution has been filed: on the debtor;
debtor’s attorney, if any; the United States Trustee; and those parties who have filed a
specific request pursuant to subparagraph (c);
(2) cases in which a report of no distribution has not been filed: on the debtor;
debtor’s attorney, if any; the United States Trustee; and all creditors.
(c) Language of Notice. The Clerk will insert the following provision in the § 341
meeting notice (Official Forms 309A and 309C):
Abandonments - Trustees may abandon property in no asset
estates without notice to creditors or other interested parties.
Anyone wishing to receive notice of such abandonment must file
a request with the Court.

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LBR 7008: Consent to Final Judgment or Order in Core Proceedings
In any adversary proceeding before the Court, the complaint, counterclaim, cross-claim,
or third-party complaint must contain a statement that the proceeding is core or noncore and,
without regard to whether the proceeding is alleged to be core or non-core, that the pleader
does or does not consent to entry of a final order or judgment by the Court.

LBR 7026: Applicability of Fed. R. Civ. P. 26 to Contested Matters
Unless the Court orders otherwise, Fed. R. Civ. P. 26(a)(1), (d), and (f) do not apply to
contested matters.

LBR 7090: Settlement of Adversary Proceedings
Counsel must notify the Court immediately upon reaching a settlement of an adversary
proceeding. If, by the date set for trial, the attorneys have not submitted an order disposing of
the proceeding, then counsel may be required to appear and state the settlement on the record.
In any event, unless otherwise ordered by the Court, counsel must submit the appropriate order
within 14 days after notifying the Court of a settlement. The failure to submit an appropriate
order within 14 days or as otherwise ordered may be cause for dismissal.

LBR 8001: Appeals From the Bankruptcy Court
All appeals from the Bankruptcy Court will be heard and determined by the Bankruptcy
Appellate Panel of the Sixth Circuit Court of Appeals unless a party to the appeal files a timely
election to “opt out” and have the appeal heard by the United States District Court for the Western
District of Michigan. Any such election must be made in accordance with the applicable
procedural rules of the Bankruptcy Appellate Panel.

LBR 8009-1: Designation of Record and Issues on Appeal
(a) Specific Designation Required. The designation of record and issues on appeal
required by Fed. R. Bankr. P. 8006 must expressly identify the specific issues on appeal and
each item to be included in the record, including the item’s entry number if docketed by the
Court. General designations such as “all bankruptcy files” or “the entire case and/or proceeding record” are not acceptable and will result in the record on appeal being considered
incomplete. Only that part of the record necessary for the appeal should be designated. Nonspecific statements of the issues on appeal are also not acceptable.
(b) Exhibits and Undocketed Items. Any party who wishes to designate for the
record on appeal a trial exhibit or item not appearing in the docket record must provide to the
Clerk and all parties to the appeal a copy of the exhibit or item.
(c) Failure to Comply. Failure of any party to comply with the foregoing may be
grounds for the dismissal of the appeal or cross appeal by the reviewing court.
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LBR 9004: General Requirements of Form
(a) Current Bankruptcy Chapter. All documents filed after the commencement
of the case must include the debtor’s current bankruptcy chapter in the caption immediately
below the case number.
(b) Designation of Character of Document. All documents filed after the
commencement of the case must include a description of the document in the caption. The
description must be centered and placed immediately before the body of the document. The
description should be as specific as possible and must include the number of the document (i.e.,
first, second, third), if applicable, and the name of the moving party.
(c) Dates of Filing, Conversion, and Dismissal. Every motion, pleading, or other
request for relief must state the date of filing of the debtor’s petition as well as the dates of any
subsequent conversion, dismissal, or reinstatement of the case. In complaints or amended
complaints governed by Part VII of the Federal Rules of Bankruptcy Procedure, this statement
must be made immediately after the jurisdictional paragraph required by Fed. R. Bank. P.
7008(a). In an application or motion governed by Fed. R. Bankr. P. 9014, this statement must
be made in the first paragraph.
(d) Attorney Information. Every pleading, motion, or other request for relief filed
with the Clerk and signed by an attorney must state the attorney’s telephone number, office
address, email address, and state bar identification number directly below the attorney’s
signature or in some other prominent place.
(e) Orders. Each order must include a brief, specific description of the order, the
number of the order, if applicable, and the name of the moving party.
(f) Proper Format. Except for exhibits, official forms, and preprinted forms generated
by bankruptcy software packages, all documents filed with the Clerk must be double-spaced
and typewritten in at least 12-point type.

LBR 9010-1: Admission, Discipline, Suspension, and Disbarment
(a) Admission, Suspension, and Disbarment. Except as provided in subparagraph
(b) and § 304(g) of Pub. L. 103-394, Oct. 22, 1994, 108 Stat. 4106 (providing special rules for
child-support creditors and their representatives), W.D. Mich. L. Civ. R. 83.1 governs the
admission, suspension, discipline, and disbarment of an attorney or law student who seeks to
practice in the Court or who is practicing in the Court. An attorney or law student who is admitted
to practice in the United States District Court for the Western District of Michigan is admitted to
practice in this Court. If a complaint filed with the United States District Court for the Western
District of Michigan, as contemplated in W.D. Mich. L. Civ. R. 83.1(k)(ii) (Initiation of
Proceedings), includes allegations related to proceedings before this Court, a copy of the
complaint must also be filed with the Clerk.

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(b) Discipline Other Than Suspension or Disbarment. Except for suspension or
disbarment, a bankruptcy judge may discipline an attorney who (1) engages in conduct violating
the Michigan Rules of Professional Conduct, (2) willfully violates these Rules, the Federal Rules
of Bankruptcy Procedure, or a Court order, or (3) engages in other conduct unbecoming of a
member of the bar of the Court. Prior to imposing discipline, the Court will notify the attorney
that discipline may be imposed and give the attorney an opportunity to respond in writing why
discipline should not be imposed. If requested, the Court may also schedule a hearing.

LBR 9010-2: Representation and Appearances
(a) Representation of Individuals. Only individuals may represent themselves in
matters or proceedings before this Court.
(b) Representation of Entities. An entity other than an individual may act on its own
behalf for purposes of filing a proof of claim, participating in a § 341 meeting, or filing a
reaffirmation agreement. For all other purposes, an entity must be represented by an attorney
unless a statute or applicable rule provides otherwise.

LBR 9010-3: Pro Hac Vice Admission
(a) Attorneys Who May Not Apply for Pro Hac Vice Admission. Attorneys
licensed to practice law in the State of Michigan or licensed to practice in another state who
maintain a regular office within the State of Michigan may not apply for pro hac vice
admission. Instead, they must apply for admission to practice before the United States District
Court for the Western District of Michigan.
(b) Attorneys Who May Apply for Pro Hac Vice Admission. Licensed
attorneys not subject to subparagraph (a) may apply for pro hac vice admission to appear in a
specific case and all contested matters and adversary proceedings arising in that case. The
application must be made by motion and must:
(1) state the attorney’s full name, business address, telephone number, email
address, professional number if applicable, and the state in which the attorney is
licensed to practice law;
(2) identify the other federal (bankruptcy, district, or circuit) courts in which the
attorney is licensed to practice law; and
(3) verify that the attorney is bound by all rules, practices, and ethics that are
applicable to attorneys admitted to practice before the United States District Court for
the Western District of Michigan.
The movant need not be sponsored by a member of the bar.

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(c) Pro Hac Vice Admission Fee. Admission pro hac vice requires payment of a
fee to the Clerk of the Bankruptcy Court within 14 days of entry of the order granting
admission. The fee, which is set by the Court, must be by check or money order made payable
to the United States District Court for the Western District of Michigan, and must include the
designation “Pro hac vice admission,” the name of the case, and the case number. The Clerk of
the Bankruptcy Court will then promptly forward the admission fee to the Clerk of the District
Court for deposit in its account.
(d) Failure to Pay Fee. Failure to pay the pro hac vice admission fee in compliance
with subparagraph (c) will immediately revoke, without notice, the attorney’s privilege to
appear pro hac vice notwithstanding the previously entered order.

LBR 9011: Signatures on Electronically Filed Documents and Statements of
Social Security Number(s)
(a) Facsimile Signatures. A signature transmitted by facsimile is deemed to be an
original signature for purposes of Fed. R. Bankr. P. 9011.
(b) Mandatory Electronic Filing. ECF Filers must file through CM/ECF all
petitions, lists, schedules, statements, amendments, pleadings, affidavits, and other documents
containing original signatures or requiring verification under Fed. R. Bankr. P. 1008 or an
unsworn declaration as provided in 28 U.S.C. § 1746.
(1) Electronic Filing as Signature. Electronic filing of a petition, pleading,
motion, proof of claim, or other document by an ECF Filer constitutes the signature of
that individual for all purposes, including those under Fed. R. Bankr. P. 9011 and 28
U.S.C. § 1746, and has the same effect as if the individual had affixed that individual’s
signature on a paper copy of the document being filed.
(2) Statement of Social Security Number(s). The debtor must file a
completed Official Form 121 (Statement about Your Social Security Numbers)
containing the full 9-digit social security number and a scanned image of the originally
signed document with the debtor’s written signature (not “/s/ NAME”). If the debtor is
not represented by an ECF Filer, then the completed Official Form 121 bearing the
debtor’s original signature must be conventionally filed. If the debtor does not have a
social security number, the debtor must file Official Form 121 stating that the debtor
does not have a social security number. Failure to submit this form within 14 days from
the date of the Notice to File Statement of Social Security Number(s) will result in
dismissal of the case without further hearing.
(c) Retention of Signed Documents. If a document is filed with an electronic
signature indicated by “/s/” or “/s/ NAME”, the ECF Filer must retain the original signed
document or the written authorization for the electronic signature for a minimum of 5 years
from the date of filing.

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(d) Filing of Documents with Multiple Signatures. If a stipulation or other
document to be filed electronically includes the signatures of two or more persons, the ECF
Filer must:
(1) confirm that the content of the document is acceptable to all persons
required to sign and must obtain the actual signature of all signing parties; and
(2) retain the original in accordance with subparagraph (e).
(e) Admissibility of Scanned Documents. Unless the Court orders otherwise, any
scanned document that is filed may be admitted as evidence of the contents of the document
scanned as long as the requirements of Fed. R. Evid. 1004 have been met.

LBR 9013: Motion Practice
(a) Scope. This Rule applies to relief requested pursuant to Fed. R. Bankr. P. 9013
and 9014 regardless of how the request is made.
(b) Ex Parte Relief. If the requested ex parte relief may be granted without a hearing
and without prior notice, the movant may file the motion and proposed order with a request that
the order be signed.
(c) Notice with Opportunity to Object. A party seeking relief with notice and an
opportunity to object must follow the procedures set forth in this subsection unless the Code,
the Federal Rules of Bankruptcy Procedure, or these Rules provide otherwise, or the Court
otherwise directs.
(1) Documents Filed with Motion. The following documents must be filed
with any motion under subparagraph (c):
(A) A notice to the debtor and all other parties upon whom service is
required that states that the party served has 14 days (21 days for matters under
Fed. R. Bankr. P. 2002(a) and 2016; and 30 days for objections to claims) from
the date of service to file and serve a response or request for a hearing, or both.
In either event, the response must include the specific reasons for objecting or
for requesting a hearing;
(B) A copy of the proposed order; and
(C) Unless otherwise excepted by these Rules, a proof of service
indicating the parties served and the date and manner of service.
(2) No Response Filed. The Court may grant relief without a hearing if no
timely response or request for hearing is filed. The movant may file a certification
stating that no timely response or request for hearing has been filed only after the

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deadline for response has passed, including the addition of days to the deadline in order
to comply with Fed. R. Bankr. P. 9006(a) and (f). On receipt of the certification, the
Court may sign the proposed order, require the moving party to prepare a new proposed
order, draft and enter its own order, or schedule a hearing.
(3) Response Filed. If a timely response or request for hearing is filed or if the
Court has directed that a hearing be held, the Clerk will schedule a hearing on the
motion and prepare a notice of hearing for the movant to serve on all required parties.
(4) When “Notice and Opportunity” Procedures May Not be Used. Except as
provided in subparagraph (d), the procedures set forth in this Rule may not be used for
plan confirmation hearings, disclosure statement approval hearings, dismissal or
conversion hearings, or hardship discharge hearings.
(5) Court to Set Hearings if Notice Not Filed With Motion. If the moving
party does not simultaneously file with the motion the notice described in LBR
9013(c)(1)(A), the Court will schedule a hearing on the motion in the ordinary course,
and will regard the moving party as having waived the expedited procedure described in
LBR 9013(c).
(d) Dismissal Motions by Chapter 13 Trustee. A Chapter 13 trustee’s motion to
dismiss the case must state with particularity the grounds for dismissal (e.g., a debtor’s failure
to make timely payments). The motion may be served pursuant to subparagraph (c). The
debtor or debtor’s attorney must file and serve on the Chapter 13 trustee any response or
request for hearing within 30 days of when the trustee served the motion to dismiss. The
response filed by the debtor or debtor’s attorney must state with particularity the good faith
reasons for opposing the motion and for believing that dismissal will not occur if a hearing is
held.
(1) Remedy if Proper Response Not Filed. If the debtor or debtor’s attorney
does not file a proper response or request for hearing within 30 days of the date the
trustee served the motion to dismiss, the trustee may file a certification stating that no
timely response or request for hearing has been filed together with a proposed order to
dismiss. The Court may then dismiss the case without further hearing.
(2) Hearing Date if Timely Response Filed. If a debtor or debtor’s attorney
files a timely response or request for hearing, the Court will either hear the motion as
already noticed or schedule a hearing.
(e) Dismissal Motions by United States Trustee Under § 707(a). A motion to
dismiss by the United States Trustee brought under § 707(a) based on the debtor’s failure to file
the schedules and statements required by § 521(a)(1) and Fed. R. Bankr. P. 1007(b)(1)(A)-(D)
may be served pursuant to subparagraph (c). The debtor or debtor’s attorney must file and
serve on the United States Trustee any response or request for hearing within 30 days of when
the United States Trustee served the motion to dismiss. The response filed by the debtor or
debtor’s attorney must state with particularity the good faith reasons for opposing the motion
and for believing that dismissal will not occur if a hearing is held.

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(1) Remedy if Proper Response Not Filed. If the debtor or debtor’s
attorney does not file a proper response or request for hearing within 30 days of the date
the United States Trustee served the motion to dismiss, the United States Trustee may
file a certification stating that no timely response or request for hearing has been filed
together with a proposed order to dismiss. The Court may then dismiss the case without
further hearing.
(2) Hearing Date if Timely Response Filed. If a debtor or debtor’s attorney
files a timely response or request for hearing, the Court will either hear the motion as
already noticed or schedule a hearing.
(f) Procedure for Contested Motions. For all motions not filed pursuant to
subparagraph (c), the Clerk will schedule the matter for hearing. Absent good cause, a party
filing a brief or response to a motion must file and serve its brief or response at least 7 days
before the scheduled hearing.
(g) Combined Motions Prohibited. Except as otherwise provided in these Rules,
every request for an order from the Court must be filed in a separate motion. However,
requests for alternative relief may be contained in one motion.
(h) Request for Emergency Hearing. An “emergency” is a matter that requires a
hearing in less than 7 days, and that involves an injury which outweighs procedural concerns.
If a motion requires an emergency hearing, a separate motion for the emergency hearing must
be filed. The motion for emergency hearing must contain the following:
(1) sufficient information for the Court to schedule an emergency hearing (e.g.,
why relief is needed immediately and why affected parties will not be prejudiced if a
hearing is held with only limited notice);
(2) a certificate of service; and
(3) a proposed order scheduling the hearing, with blank spaces for the date,
time, and location of the hearing and for the manner and deadline for giving notice of
the hearing.
The moving party must telephone the presiding Judge’s chambers to promptly advise
the Court staff that a request for an emergency hearing has been filed. Nothing in this Rule
precludes the Court from utilizing different procedures for scheduling emergency hearings.
(i) Request for Expedited Hearing. If a motion requires a hearing on shortened
notice but is not an emergency, a motion to shorten notice or to schedule an expedited hearing
must be filed in accordance with Fed. R. Bankr. P. 9006(c). The request for expedited hearing
must be accompanied by a proposed order.

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LBR 9013-1: Proof of Service
(a) Generally. Every person who serves a document required to be served under the
Federal Rules of Bankruptcy Procedure, the Local Bankruptcy Rules, other applicable law, or
an order of the Court, shall promptly file proof of such service.
(b) Proof of Service on Matrix.
(1) When the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, the
Local Bankruptcy Rules, other applicable law, or an order of the Court requires that
service be effectuated on the creditor mailing matrix, the serving party shall attach to
the certificate of service a copy of the actual creditor mailing matrix maintained by the
Court and relied upon for service (the “Matrix”).
(2) The Matrix shall be current and dated as of the date reflected on the
certificate of service.
(3) The Matrix shall include the date stamp indicating the date on which the
Matrix was generated and shall not otherwise be materially modified; provided,
however, that the serving party may redact duplicative parties in interest with the same
name and address so as to avoid unnecessary expense.
(4) In the event that the certificate of service that attaches the Matrix does not
substantially conform to LBR 9013-1, the Clerk is authorized to strike the certificate of
service as defective, and in that case shall send a notice to the serving party: (i) advising
that the certificate has been stricken; (ii) providing a time within which to cure the
defect; and (iii) advising that the certificate will be considered filed as of the date
originally filed if it is amended to correct the defect, and filed, within the time
prescribed.
(c) Clerk’s Role. The Clerk may take other action reasonably necessary to ensure
compliance with LBR 9013-1.

LBR 9015: Jury Trials
(a) Applicability of Certain Federal Rules of Civil Procedure. Fed. R. Civ. P.
38, 39, and 47-51 apply in this Court’s cases, except that a demand made under Fed. R. Civ. P.
38(b) must be filed in accordance with Fed. R. Bankr. P. 5005. Fed. R. Civ. P. 81(c) also
applies to jury trials before this Court.
(b) Consent. If the right to a jury trial applies and a timely demand has been filed
under Fed. R. Civ. P. 38(b), the parties may consent to have a trial by jury conducted by a
bankruptcy judge under 28 U.S.C. 157(e) by jointly or separately filing a statement of consent
no later than the date set for the filing of a Joint Final Pretrial Order.

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LBR 9016: Use of Courtroom Electronic Equipment
Any person who intends to use electronic equipment in the courtroom during a hearing
or trial must become familiar with the Court’s systems prior to the scheduled court appearance.
At least 2 business days before the hearing or trial, any person who intends to use electronic
equipment in the courtroom shall (i) notify the assigned judge’s staff of the intended use; and
(ii) contact the Information Technology Department of the Clerk’s office to request appropriate
training. Anyone who fails to comply with this Rule may be subject to sanctions, including
paying the cost to repair any Court system damaged by the person’s use.

LBR 9017: Teleconferencing and Videoconferencing
The Court may permit a party or witness to appear at any proceeding before the Court
by teleconference or video conference. Unless the Court orders otherwise, application to
appear by telephone or video conference may be made informally and without a written request
if timely notice is given to the other parties. The Court may grant such a request without a
written order.

LBR 9019-1: Bankruptcy Alternative Dispute Resolution Program
LBR 9019-1 through LBR 9019-23 govern the Bankruptcy Alternative Dispute
Resolution Program (the “Program”) in the United States Bankruptcy Court for the Western
District of Michigan and supersede LBR 9016-1, which is hereby rescinded.

LBR 9019-2: ADR Favored
(a) Purpose. The Court recognizes that formal litigation of disputes in bankruptcy
cases, contested matters and adversary proceedings frequently imposes significant
economic burdens on parties and often delays resolution of those disputes. The procedures
established by these Local Rules are intended primarily to provide litigants with the means
to resolve their disputes more quickly, at less cost, and often without the stress and pressure
of litigation.
A court-authorized dispute resolution program, in which litigants and counsel meet
with one or more neutral third parties, offers an opportunity for parties to resolve disputes
promptly and less expensively, to their mutual satisfaction. By these Local Rules, the
Program is adopted for the United States Bankruptcy Court for the Western District of
Michigan. It is the Court’s intention for the Program to allow participants to take advantage
of and utilize mediation, negotiation and case evaluation to resolve disputes. The specific
method or methods employed will be those which the Court or the parties determine appropriate
and applicable, and may vary from matter to matter.
(b) Scope. LBR 9019-1 through LBR 9019-23 apply to all matters referred to the
Program. The Mediation Rules at LBR 9019-12 through LBR 9019-20 apply only to

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mediation. The Case Evaluation Rules at LBR 9019-21 through LBR 9019-23 apply only to
case evaluation. All other Local Rules apply, except to the extent inconsistent with LBR
9019-1 through LBR 9019-23.

LBR 9019-3: Administration of the Program
The Court will designate personnel to maintain and collect applications, maintain a
Panel of Qualified Neutrals, track and compile results of the Program, and handle such
other administrative duties as necessary (collectively, the “ADR Administrator”).

LBR 9019-4: Eligible Matters
Unless otherwise ordered by the Judge handling the particular matter, all controversies
arising in an adversary proceeding, contested matter, or other dispute in a bankruptcy case,
will be eligible for referral to the Program EXCEPT contested matters or adversary
proceedings:
(a) initiated by the Office of the United States Trustee (including objections filed
by that Office); or
(b) for contempt or other types of sanctions, other than alleged stay and discharge
violations.

LBR 9019-5: Pro Bono Mediations
(a) Pro bono mediations include those matters in which the mediator determines one or
both parties are unable to pay their share of the mediator’s posted fee.
(b) Any party who is unable to pay their share of the mediator’s posted fee must
complete a form requesting pro bono services available from the Clerk of the Court or the ADR
Administrator. See Exhib it 13.
(c) If one or more parties are unable to pay their share of the mediator’s fee, the other
party or parties may still pay their share of the mediator’s fee, but will not be required to pay
any portion of the non-paying party’s share of the fee.
(d) The mediator may agree to a reduced fee for one or more parties so long as it does
not render him or her unable to serve due to lack of neutrality.

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LBR 9019-6: Panel of Qualified Neutrals
(a) The Bankruptcy Court shall establish and maintain a Panel of Qualified
Neutrals (the “Panel”) who have offered to serve as mediators or case evaluators for the
possible resolution of matters referred to the Program.
(b) Neutrals may serve as members of the Panel for five-year terms without the need to
re-apply.
(c) Applications to serve as a member of the Panel shall be submitted to the ADR
Administrator by the deadlines established by the Court, shall set forth the qualifications
described below, and should conform to forms promulgated by the Court. See Exhibit 14.
(d) Applicants must agree to mediate at least one pro bono matter per year.

LBR 9019-7: Qualifications and Criteria for Panel of Qualified Neutrals
(a) In order to qualify for service on the Court’s Panel of Qualified Neutrals, each
applicant shall certify to the Court that the applicant:
(1) is willing to serve as a Neutral and to undertake to evaluate or mediate
settlement of matters subject only to unavailability due to conflicts, personal or
professional commitments, or other matters which would make such service
inappropriate;
(2) is, and has been, a member in good standing of the bar of the United
States District Court for the Western District of Michigan, and has regularly
practiced in Bankruptcy Court for at least 10 years;
(3) has served as the principal attorney of record in active matters in at
least 10 bankruptcy cases (without regard to the party represented) from case
commencement to the earlier of the date of the application or conclusion of the
case, or has served as the principal attorney of record for a party in interest in at
least 10 adversary proceedings or contested matters from commencement through
conclusion;
(4) shall be governed by any standards of professional conduct and ethical
rules adopted by the Michigan Supreme Court for state-court mediators, currently
set forth at MCR 4.211(G), as those standards and rules may be amended.
(b) Before serving on any assigned matters, mediators on the Court’s Panel shall have:
(1) completed a 40-hour mediation training program approved by the Court;
(2) observed at least two mediations to completion conducted by an
approved mediator; and

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(3) conducted at least one mediation to conclusion under the supervision and
observation of an approved mediator.
(c) The Court will appoint members to the Panel of Qualified Neutrals from the
applications submitted, giving due regard to alternative dispute resolution training and
experience and such matters as professional experience and location so as to make the Panel
appropriately representative of the public being served by the Program. Appointments
will be limited to keep the Panel at an appropriate size and to ensure that the panel is
comprised of individuals who have broad-based experience, superior skills and
qualifications.
(d) The Neutrals on the Panel will indicate to the ADR Administrator the city or cities
within the District in which they are willing to act or serve.

LBR 9019-8: Service of Neutrals
(a) No Neutral may serve in any matter in violation of the standards set forth in 28
U.S.C. § 455.
(b) Although parties shall not be considered their clients, a Neutral shall promptly
determine all conflicts or potential conflicts in the same manner as an attorney would under
the Michigan Rules of Professional Conduct as if any party to the dispute were their client. If
the Neutral is a member of a firm and the firm has represented one or more of the parties, the
Neutral shall promptly disclose that circumstance to all parties in writing.
(c) A party who believes that the assigned Neutral has a conflict of interest shall
promptly bring the matter to the attention of the Neutral. If the Neutral does not withdraw from
the assignment, the matter shall be brought to the attention of the Court by the Neutral or any
of the parties.
(d) Promptly after appointment, any Neutral unavailable to serve in the matter shall
notify the parties and the ADR Administrator so the parties may select an alternate Neutral
in accordance with these Rules.

LBR 9019-9: Assignment of Disputes to the Program
(a) A contested matter in a bankruptcy case, adversary proceeding, or other dispute
may be referred to the Program by order of the Judge at any time. While participation
in the Program is intended to be voluntary, any Judge, on the request of a party or sua sponte,
may refer specific matters to mediation under the Program. If all parties consent, the Court will
refer a matter to case evaluation.
(b) If a party objects to referral to the Program, the party may file an objection
within 14 days of the order of referral. For good cause shown, the matter may be removed
from the Program with or without a hearing. Such cause may include certification of a
party’s inability to pay for ADR, incarceration or other matter making ADR inappropriate.

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(c) When a matter is assigned to the Program, the parties will be presented with the
order assigning the matter to the Program and a current roster of the Panel or directed to the
location of the roster in electronic format.
(d) Within 14 days after the issuance of a case management order or other order
referring a matter to the Program, the parties shall mutually agree upon the selection of one
Mediator (or, in the cases referred to Blue Ribbon Case Evaluation only, three Blue Ribbon
case evaluators).
(e) The Neutral(s) may be selected from the Court’s list of approved Neutrals or, by
mutual agreement, any person or entity, including a Michigan community dispute
resolution program. The plaintiff in an adversary proceeding or movant in a contested matter
shall file a Notice of Selection of Neutral(s) with the Court and provide a copy to the selected
Neutral(s). See Exhibit 15.
(f) Whenever the parties cannot agree or fail to file a Notice of Selection of
Neutral(s), the ADR Administrator’s staff assistant shall randomly select a mediator or three
case evaluators from the Court’s Panel of Qualified Neutrals and notify the parties and
Neutral(s) of their selection.
(g) An order assigning a matter to the Program shall be docketed and served on the
assigned Neutral and by first class mail to any interested parties to the dispute who do not have
ECF capabilities.
(h) Subject to availability and by prior arrangement with the Clerk of the Court,
mediators and case evaluators may use court facilities to conduct mediations and case
evaluations.

LBR 9019-10: Effect on Discovery
Unless otherwise ordered by the Court, the assignment to mediation or case evaluation
shall act to stay discovery, but will not stay the mandatory disclosures required under Fed. R.
Civ. P. 26(a). Any party may file a motion seeking to proceed with discovery or to stay Rule
26(a) disclosures.

LBR 9019-11: Certification of ADR Conference
(a) Unless otherwise ordered, no later than 14 days before the initial scheduling
conference set in an Adversary Proceeding and whenever ordered by the Court in other
contested matters, counsel (or unrepresented parties) shall confer and discuss ADR options.
Counsel for parties should:
(1) provide a copy of the information sheet entitled Bankruptcy
A l t e r n at i v e Dispute Resolution Program Instructions for Parties (See Exhibit 16)
to their client;

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(2) discuss the available dispute resolution options provided by the Court and
private entities with other counsel or unrepresented parties;
(3) consider whether the dispute could benefit from any of the available
dispute resolution options; and
(4) determine whether they choose to participate in the Program and, if so,
advise the Court whether they have selected Mediation or Case Evaluation.

LBR 9019-12: Confidentiality and Privilege
(a) Definitions. As used in this Rule on confidentiality and privilege, “Mediation
Communication” means an oral or written statement, or nonverbal conduct intended to make
an assertion, by or to a Mediation Participant made during the course of the mediation,
whether during a Mediation Conference or prior to a mediation if made in furtherance of a
mediation; “Mediation Participant” means a Party or any person who attends a mediation
whether in person or by telephone, videoconference, or other electronic means; “Party” means
a person participating in a mediation directly or through a designated representative, who is a
named party, a real party in interest, or who would be a named party or real party in interest if
an action or third-party complaint relating to the subject matter of the mediation were filed in
a court of law; and “Other Proceeding” means any adjudicative process, including related
discovery proceedings.
(b) Confidential Mediation Communications. Except as provided in this
section, all Mediation Communications are confidential and the mediator and the
Mediation Participants shall not disclose any Mediation Communication outside of the
mediation, and no person may introduce in any Other Proceeding evidence pertaining to any
aspect of the mediation process. However, information contained in a Mediation
Communication which is otherwise admissible or subject to discovery does not become
inadmissible or protected from discovery merely because of its disclosure or use in
mediation.
(c) Evidence Rules and Laws. Without limiting subsection (b) and subject to any
exceptions in subsection (d), Rule 408 of the Federal Rules of Evidence and any
applicable federal or Michigan statute, rule, common law, or judicial precedent relating to
the privileged nature of settlement discussions or Mediation Communications apply.
(d) Exceptions to Confidentiality. Notwithstanding subsections (b) and (c),
upon order of the Court, Mediation Communications may be revealed in the following
situations:
(1) Settlement agreements. Terms of a signed, written agreement reached
during or as a result of a mediation, unless the Parties agree that those terms are to
be kept confidential, including Mediation Communications which are relevant and
material to a determination of insurance coverage for amounts at issue in the
mediated settlement agreement;

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(2) Waiver. Mediation Communications for which the confidentiality or
privilege against disclosure has been waived by all Parties in writing or on the
record in Other Proceedings or by an individual Mediation Participant who discloses
a Mediation Communication, but only to the extent necessary for another Mediation
Participant to respond to the disclosure;
(3) Malpractice claims. Mediation Communications relevant and material
to a Party’s claim of legal malpractice or other tort committed during the mediation
concerning the actions of a Party’s attorney or other agent involved in the mediation.
(4) Duties to Report/Disclose. Nothing in this Rule or the Bankruptcy ADR
Program shall impair, impede, limit, restrict or otherwise be construed as inconsistent
with, in any way, the duties, obligations, and/or responsibilities of the trustee serving in
a case before the Court.
(e) Required disclosures. A mediator may disclose information from a
Mediation Communication to a law enforcement agency or similar authority if required by
law or if the mediator has a reasonable belief such disclosure will prevent a Mediation
Participant from committing a criminal or illegal act likely to result in death or serious bodily
harm.
(f) Attorneys, agents, etc. This R ule shall not prevent a Party from revealing
Mediation Communications to that Party’s attorney, agent, employee or partner for an
artificial entity, such as a corporation, partnership or limited liability company.
(g) Preservation of Privileges. The disclosure by a Mediation Participant of
privileged information (e.g., attorney/client, doctor/patient, etc.) in a Mediation
Communication to the mediator, or another Mediation Participant does not waive or
otherwise adversely affect the privileged nature of the information.
(h) Mediation Participants shall not:
(1) call or subpoena the mediator as a witness or expert in any proceeding
relating to the mediation, to testify as to the subject matter of the mediation or any
thoughts or impressions which the mediator may have about the parties or merits of the
dispute; or
(2) subpoena or otherwise seek discovery of any notes, documents or other
material prepared by the mediator in the course of or in connection with the mediation;
or
(3) offer into evidence (or reveal in any argument) any statements, views, or
opinions of the mediator.
(i) Communications with Court Personnel. Nothing in this Rule shall be construed
to prevent Parties, counsel or mediators from responding in absolute confidentiality to
inquiries or surveys by persons authorized by this Court to evaluate the Program.

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LBR 9019-13: Mediation Procedure
(a) Initial Telephone Conference. As soon as practicable after notification of
appointment, the mediator shall conduct a telephone conference with counsel for the parties
and any unrepresented parties to discuss the nature of the matter, the expectations of the
parties concerning the scheduling and nature of the mediation process, and anything else
which will facilitate the mediation process.
(b) Mediation Conference Scheduling. Within 14 days of the telephonic
conference, the mediator shall give notice to the parties of the time and place for the
mediation, which shall be held at a time and location convenient to the parties.
(c) Mediation Summaries. At the request of the mediator, no later than seven days
before the date of the Mediation Conference, each party shall submit a written Mediation
Statement directly to the mediator and serve copies on all other parties. Mediation
Summaries shall not exceed 15 pages (excluding exhibits and attachments). While Mediation
Summaries may include any useful information, it is helpful to:
(1) identify the person(s), in addition to counsel, who will attend the
session as representative of the party with decision-making authority;
(2) describe briefly the substance of the dispute;
(3) identify any legal or factual issues whose early resolution might appreciably
reduce the scope of the dispute or contribute significantly to settlement;
(4) identify any outstanding discovery which could contribute most to
equipping the parties for meaningful settlement discussions;
(5) set forth the history of past settlement discussions, including disclosure of
prior and any presently outstanding offers and demands;
(6) make an estimate of the cost and time to be expended for further
discovery, pretrial motions, expert witnesses and trial (this information may be
included in a separate, confidential communication between the party and the
mediator only); and
(7) indicate presently scheduled dates for further status conferences, pretrial
conferences, trial or otherwise.
(d) Summaries Not to Be Filed with Court. The written Mediation Summaries
shall not be filed with or disclosed to the Court and the Court shall not have access to them.
(e) Identification of Mediation Participants. Parties may identify in their
Mediation Summaries persons connected to a party opponent (including a representative of
a party opponent’s insurance carrier) whose presence at the Mediation Conference could make
it more productive; the fact a person has been so identified, shall not, by itself, result in an
order compelling that person to attend the Mediation Conference.

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(f) Documents. Parties shall attach to their written Mediation Summaries copies
of any documents which would materially advance the purposes of the Mediation Conference.
(g) Confidential Communications with Mediator. In the mediator’s
discretion, the mediator may meet with any party or confer with them or their representatives
privately and confidentially.

LBR 9019-14: Attendance at Mediation Conference
(a) Counsel. Counsel for each party primarily responsible for resolving the
matter (and unrepresented parties) shall personally attend the Mediation Conference and any
adjourned sessions. All counsel and parties shall come prepared to discuss all liability issues,
all damage issues, and the position of the party relative to settlement.
(b) Parties. All individual parties, and representatives with authority to negotiate and
to settle the matter on behalf of parties other than individuals, shall personally attend the
Mediation Conference unless excused by the mediator for cause. A bankruptcy trustee need
not be physically present so long as the trustee is represented by counsel, their counsel
personally attends the mediation and the trustee ca

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/federal_court_rules%3Amiwb%3A6f26efec9314f664. Public record. Not legal advice.