LOCAL RULES OF THE UNITED STATES BANKRUPTCY COURT FOR THE EASTERN

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DISTRICT OF OKLAHOMA

Table of Contents

RULE 1001-1.

SCOPE OF RULES AND FORMS; DEFINITIONS.

RULE 1002-1.

PETITION – GENERAL.

RULE 1003-1.

INVOLUNTARY PETITIONS.

RULE 1005-1.

CAPTION REQUIREMENTS FOR PETITIONS.

RULE 1006-1.

FILING FEE.

RULE 1007-1.

LISTS, SCHEDULES AND STATEMENTS.

RULE 1007-2.

STATEMENT OF INTENTION.

RULE 1008-1.

UNSWORN DECLARATION VERIFICATION.

RULE 1009-1. AMENDMENTS TO PETITIONS, LISTS AND SCHEDULES AND

STATEMENTS.

RULE 1013-1.

HEARING AND DISPOSITION IN INVOLUNTARY CASES.

RULE 1014-1. TRANSFER OF CASES, RELATED CASES AND ADVERSARY

PROCEEDINGS.

RULE 1015-1. JOINT ADMINISTRATION / CONSOLIDATION AND SEPARATION OF A

JOINT PETITION.

RULE 1016-1.

DEATH OF DEBTOR.

RULE 1017-1.

CONVERSION TO CHAPTER 11, 12 OR 13.

RULE 1017-2.

DISMISSAL OR SUSPENSION – CASE OR PROCEEDINGS.

RULE 1019-1.

CONVERSION – PROCEDURE FOLLOWING.

RULE 2002-1.

NOTICE TO CREDITORS AND OTHER INTERESTED PARTIES.

RULE 2002-2.

NOTICE TO UNITED STATES OR FEDERAL AGENCY.

RULE 2003-1.

§ 341 MEETING.

RULE 2003-2.

CORPORATE OWNERSHIP STATEMENT – CREDITORS COMMITTEE.

RULE 2004-1.

DEPOSITIONS AND EXAMINATIONS.

RULE 2014-1.

EMPLOYMENT OF PROFESSIONALS.

RULE 2015-1.

TRUSTEES - GENERAL.

RULE 2015-2.

DUTY TO FILE REPORTS.

RULE 2016-1.

COMPENSATION OF PROFESSIONALS.

RULE 2090-1.

ADMISSION OF COUNSEL TO THE BANKRUPTCY COURT.

RULE 3001-1.

TRANSFER OF CLAIM.

RULE 3002-1.

FILING PROOF OF CLAIM.

RULE 3003-1.

FILING PROOF OF CLAIM IN CHAPTER 9 OR CHAPTER 11.

RULE 3004-1.

FILING PROOF OF CLAIM ON BEHALF OF A CREDITOR.

RULE 3007-1.

CLAIMS – OBJECTIONS.

RULE 3008-1.

CLAIMS – RECONSIDERATION.

RULE 3010-1.

DIVIDENDS – SMALL.

RULE 3011-1.

UNCLAIMED FUNDS.

RULE 3012-1.

VALUATION OF COLLATERAL.

RULE 3015-1.

CHAPTER 12 AND 13 – PLAN.

RULE 3015-2.

AMENDMENTS TO CHAPTER 12 & 13 PLANS.

RULE 3015-3.

CHAPTER 12 AND 13 - PRECONFIRMATION CERTIFICATION.

RULE 3015-4.

MODIFICATION OF THE CHAPTER 12 OR 13 PLAN.

RULE 3015-5.

NOTICE OF CHAPTER 12 CONFIRMATION HEARING.

RULE 3015-6.

OBJECTION TO CHAPTER 12 AND 13 PLANS.

RULE 3016-1.

DISCLOSURE STATEMENT AND CHAPTER 11 PLAN-GENERAL.

RULE 3017.1.

DISCLOSURE STATEMENT - SMALL BUSINESS CASE.

RULE 3017-1.

DISCLOSURE STATEMENT - APPROVAL.

RULE 3018-1.

BALLOTS – VOTING ON PLANS.

RULE 3019-1.

AMENDED CHAPTER 11 PLAN.

RULE 3020-1.

CHAPTER 11 – CONFIRMATION.

RULE 3022-1.

CHAPTER 11 FINAL REPORT/DECREE.

RULE 3070-1.

CHAPTER 13 – PAYMENTS.

RULE 3070-2.

CHAPTER 13 – ADEQUATE PROTECTION.

RULE 3071-1.

CHAPTER 12 – PAYMENTS.

RULE 4001-1.

AUTOMATIC STAY.

RULE 4002-1.

DEBTOR – DUTIES.

RULE 4003-1.

OBJECTIONS TO EXEMPTIONS.

RULE 4003-2.

LIEN AVOIDANCE.

RULE 4004-1.

DISCHARGE.

RULE 4008-1.

REAFFIRMATION.

RULE 5001-1.

COURT ADMINISTRATION.

RULE 5001-2.

CLERK - OFFICE LOCATION/HOURS.

RULE 5003-1.

CLERK - GENERAL.

RULE 5005-1.

FILING REQUIREMENTS.

RULE 5007-1. INTERPRETERS; SERVICES FOR PERSONS WITH COMMUNICATIONS

DISABILITIES.

RULE 5010-1.

REOPENING CASES.

RULE 5011-1.

WITHDRAWAL OF REFERENCE.

RULE 5011-2.

ABSTENTION.

RULE 5080-1.

FEES - GENERAL.

RULE 5081-1.

FEES - FORM OF PAYMENT.

RULE 6004-1.

SALE OF ESTATE PROPERTY.

RULE 6006-1.

EXECUTORY CONTRACTS.

RULE 6007-1.

ABANDONMENT.

RULE 6008-1.

REDEMPTION.

RULE 7001-1.

ADVERSARY PROCEEDING - GENERAL.

RULE 7004-1.

SERVICE OF PROCESS.

RULE 7004-2.

SUMMONS.

RULE 7005-1.

CERTIFICATE OF SERVICE (ADVERSARY PROCEEDINGS).

RULE 7005-2.

FILING OF DISCOVERY MATERIALS.

RULE 7007-1.

MOTION PRACTICE (ADVERSARY PROCEEDINGS).

RULE 7007.1-1

CORPORATE OWNERSHIP STATEMENT.

RULE 7010-1.

FORM OF PLEADINGS.

RULE 7012-1.

RESPONSIVE PLEADINGS.

RULE 7016-1.

PRETRIAL PROCEDURES.

RULE 7026-1.

DISCOVERY – GENERAL.

RULE 7030-1.

DEPOSITIONS.

RULE 7041-1.

DISMISSAL OF ADVERSARY PROCEEDINGS.

RULE 7054-1.

COSTS – TAXATION.

RULE 7055-1.

DEFAULT.

RULE 7056-1.

SUMMARY JUDGMENT.

RULE 7069-1.

EXECUTION.

RULE 8001-1.

NOTICE OF APPEAL.

RULE 8001-3.

ELECTION FOR DISTRICT COURT DETERMINATION OF APPEAL.

RULE 8002-1.

TIME FOR FILING NOTICE OF APPEAL.

RULE 8003-1.

NOTICE OF APPEAL.

RULE 8004-1.

MOTIONS FOR LEAVE TO APPEAL.

RULE 8005-1. ELECTION TO HAVE AN APPEAL HEARD BY THE DISTRICT COURT

INSTEAD OF THE BAP.

RULE 8006-1.

DESIGNATION OF RECORD.

RULE 8007-1.

MOTIONS FOR STAY.

RULE 8009-1.

DESIGNATION OF RECORD, STATEMENT OF ISSUES AND TRANSCRIPT.

RULE 9001-1.

DEFINITIONS.

RULE 9003-1.

EX PARTE CONTACT.

RULE 9004-1.

PAPERS – REQUIREMENTS OF FORM.

RULE 9004-2.

CAPTION.

RULE 9006-1.

TIME PERIODS; ENLARGEMENT OR REDUCTION AND CONTINUANCES.

RULE 9010-1.

ATTORNEYS – NOTICE OF APPEARANCE.

RULE 9011-1.

ATTORNEYS – DUTIES.

RULE 9011-2.

PRO SE PARTIES.

RULE 9011-3.

SIGNATURES.

RULE 9013-1.

MOTIONS; FORM AND SERVICE.

RULE 9013-4.

APPLICATIONS.

RULE 9014-1.

CONTESTED MATTERS.

RULE 9015-1.

JURY TRIAL.

RULE 9017-1.

WITNESSES.

RULE 9017-2.

EXHIBTS.

RULE 9019-1.

SETTLEMENTS.

RULE 9019-2.

ALTERNATIVE DISPUTE RESOLUTION (ADR).

RULE 9021-1.

JUDGMENTS AND ORDERS – ENTRY OF.

RULE 9036-1.

NOTICE BY ELECTRONIC TRANSMISSION.

RULE 9072-1.

ORDERS.

RULE 9073-1.

STATUS HEARINGS.

RULE 9075-1.

EMERGENCY ORDERS.

RULE 9076-1.

ELECTRONIC SERVICE.

LOCAL RULES OF THE UNITED STATES BANKRUPTCY COURT FOR THE

EASTERN DISTRICT OF OKLAHOMA

EFFECTIVE AS OF DECEMBER 1, 2009

Revised: 04/10/2009

Revised: 12/01/2014

Revised: 12/01/2015

Revised: 12/01/2017

Revised: 10/22/2019

RULE 1001-1.

SCOPE OF RULES AND FORMS; DEFINITIONS

A. Application.

1.These rules govern all cases and proceedings pending before this Court on the

effective date speciﬁed above and thereafter, and shall supersede all local rules and

general orders pertaining to rules of procedure previously adopted and entered by the

Court, unless such standing order is speciﬁcally incorporated herein.

2.These rules, the CM/ECF Administrative Procedures and the General Orders and

Miscellaneous Orders entered by this Court shall govern all cases and proceedings

before this Court.

B.Citation. These rules shall be known as the “Local Rules of the United States

Bankruptcy Court for the Eastern District of Oklahoma” and may be cited as “Bankr.

E.D. Okla. LR____” or as “LR ____” or as “Local Rule____,” as appropriate.

C.Waiver of Rules. The Judge assigned to the case has discretion to waive, supplement

or modify any provision or requirement of these rules when the administration of

justice requires.

D.Interim General Orders. These rules may be modiﬁed or supplemented from time to

time by the Court by General Orders. General Orders shall be maintained by the Clerk

and those affecting the general public will be available on the Court’s website

(www.okeb.uscourts.gov).

E.Administrative Procedures for CM/ECF. References to “CM/ECF Procedures Guide

for CM/ECF” in these rules shall mean the Administrative Procedures for CM/ECF,

effective December 1, 2009, or as later amended, which are available on the Court’s

website (www.okeb.uscourts.gov).

F.Local Forms. References to “Local Form” in these rules shall mean substantially the

forms prescribed by these rules, the Court, or the Clerk, copies of which are available

on the Court’s website (www.okeb.uscourts.gov).

G.Official Bankruptcy Forms. References to “Official Bankruptcy Form” or “Official

Form” in these rules shall mean substantially the forms prescribed by the Judicial

Conference of the United States or the Director of the Administrative Office of the

United States, copies of which are available at

http://www.okeb.uscourts.gov/national-bankruptcy-forms. See Bankruptcy Rules

1001 and 9009.

H.Deﬁnitions.

1.An Agreed Order means any proposed order that is approved and executed by all

"interested persons" or their counsel.

2.An Amendment To a document consists of information that modiﬁes or supplements

a document. The original document remains effective except for the amendment. An

amendment to a document shall be clearly identiﬁed as “Amendment to [name of

original document]”.

3.An Amended document consists of a replacement document that entirely

supersedes an original document. An amended document shall be clearly identiﬁed

as “Amended [name of original document].”

4.An Application means a request for ex parte relief.

5.Bankruptcy Appellate Panel. References to “BAP” in these rules shall mean the

Bankruptcy Appellate Panel of the United States Court of Appeals for the Tenth

Circuit.

6.Bankruptcy Code. References to the “Code” in these rules shall mean the United

States Bankruptcy Code.

7.Bankruptcy Court Clerk. References to the “Clerk” in these rules shall mean the

Court Clerk of the United States Bankruptcy Court for the Eastern District of

Oklahoma.

8.Bankruptcy Rules. References to “Bankruptcy Rules” in these rules shall mean the

Federal Rules of Bankruptcy Procedure.

9.CM/ECF System. References to “CM/ECF System” in these rules shall mean the

Case Management/Electronic Case Filing System implemented by the United States

Bankruptcy Court for the Eastern District of Oklahoma.

10.A Contested Matter means a dispute between parties that is not an adversary

proceeding.

11.Court or Bankruptcy Court. References to “Court” or “Bankruptcy Court” in these

rules shall mean the United States Bankruptcy Court for the Eastern District of

Oklahoma.

12.Court’s Website. References to the “Court’s website” in these rules shall mean

(www.okeb.uscourts.gov).

13.Debtor. The term “debtor” used in these rules shall mean both singular and plural

form, as the case may be.

14.Debtor in Possession. Debtor in Possession will be referred to as “DIP” in these

rules.

15.District Court. References to “District Court” in these rules shall mean the United

States District Court for the Eastern District of Oklahoma.

16.District Court Local Rules. References to “District Court Local Rules” in these rules

shall mean the Local Civil Rules of the United States District Court for the Eastern

District of Oklahoma.

17.Electronic Signature. The typed name constitutes the signature of said party or

attorney on any electronically ﬁled pleading or other document. See also Local Rule

9011-1.

18.File-Stamped Copy. References to the term “ﬁle-stamped copy” in these rules shall

refer to a copy of an electronically ﬁled pleading together with a copy of the ﬁrst page

of the “Notice of Electronic Filing” or a manually ﬁled pleading bearing the Clerk’s ﬁle

stamp.

19.Interested Persons or Parties In Interest means the Trustee/DIP, United States

Trustee, and/or those persons whose pecuniary interests may be affected by a

dispositive ruling of this Court.

20.Local Rules. References to “Local Rules” in these rules shall mean these Local

Rules of the United States Bankruptcy Court for the Eastern District of Oklahoma.

21.Matrix means the official mailing list prepared in compliance with these Local

Rules by the debtor for the Clerk to use in noticing the §341 meeting and for the Clerk

and other parties to utilize in noticing interested persons. Debtor is solely responsible

for its accuracy and shall update the matrix when debtor learns of a new address.

22.A Motion is a request for relief, which may not be obtained without notice and

opportunity to be heard to all parties in interest, unless otherwise directed by the

Court, these Local Rules or Bankruptcy Rules.

23.PDF. Portable Document Format.

24.A Proposed Order means an order that must accompany all requests for relief, or

an order to be prepared by the prevailing party in a contested matter, that contains

ﬁndings and conclusions sufficient to comply with the applicable Code sections and

the Court's rulings.

PART I COMMENCEMENT OF CASE; PROCEEDINGS RELATING TO PETITION AND

ORDER FOR RELIEF

RULE 1002-1.

PETITION – GENERAL

A.Speciﬁc Requirements.

1.The petition shall conform to the Official Bankruptcy Form 101 Voluntary Petition for

Individuals Filing for Bankruptcy or Official Bankruptcy Form 201 Voluntary Petition for

Non-Individuals Filing for Bankruptcy.

2.If the debtor is a corporation, a certiﬁed copy of the corporate action authorizing the

ﬁling of the petition shall be attached to the petition. Corporations, partnerships, and

other artiﬁcial entities must be represented by counsel at all times and may not be

represented by pro se individuals.

3.Pursuant to 11 U.S.C. § 362 (i)(1) if the landlord has obtained a judgment for

possession of the leasehold prior to the date of the ﬁling of the petition against a

debtor/tenant, the debtor must complete and ﬁle Official Form 101A Initial Statement

about an Eviction Judgment Against You and Official Form 101B Statement of An

Eviction Judgment Against you, if applicable. In cases where 11 U.S.C. § 362 (i)(1), is

applicable, the Act requires the debtor to deposit with the Clerk of the Court any rent

that would become due during the thirty (30) day period after the ﬁling of the

bankruptcy petition.

a)The debtor shall ﬁle and transmit contemporaneously with the petition, and transmit

to the Court at same time as ﬁled, a certiﬁed cashier’s check or money order made

payable to the lessor (cash is not accepted), and

b)A copy of the judgment for possession.

RULE 1003-1.

INVOLUNTARY PETITIONS

An involuntary petition shall not be ﬁled against joint debtors.

RULE 1005-1.

CAPTION REQUIREMENTS FOR PETITIONS

Every petition ﬁled under the Code shall be captioned:

UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF OKLAHOMA

and ﬁled with the Clerk of the Bankruptcy Court.

RULE 1006-1.

FILING FEE

A.Provision for Payment. Payment of a ﬁling fee shall be in accordance with Local

Rules 5080-1 and 5081-1 and the CM/ECF Administrative Guide unless the individual

petition is accompanied by an Application for Individuals to Pay the Filing Fee in

Installments, prepared as prescribed by the appropriate Official Form 103A, and the

ﬁrst payment equal to no less than 25% of the ﬁling fee for that particular chapter or if

individual ﬁling under chapter 7, an application requesting a waiver under 28 U.S.C.

§1930(f), prepared as prescribed by the appropriate Official Form B3B 103B

Application to Have the Chapter 7 Filing Fee Waived. If debtor makes application to

pay in installments, the debtor must certify that they will not make any additional

payment or transfer any additional property to an attorney or other person for services

in connection with the case until the ﬁling fee is paid in full. An Application for

Individuals to Pay the Filing Fee in installments submitted by a Debtor with a ﬁling fee

due from a prior case dismissed within 180 days will result in the entry of an order

requiring the Debtor to pay the ﬁling fees in both cases. Failure to do so shall result in

the case being dismissed. In a Chapter 13 case, the installment payments must be

made by the Debtor or the Debtor’s Attorney directly to the Clerk and not through the

Chapter 13 Plan. If a Chapter 13 case is dismissed or converted before conﬁrmation of

a plan, any unpaid ﬁling fee shall be paid by the Trustee from any funds on hand in the

case.

B.Waiver of Filing Fees. Pursuant to Title 28 U.S.C. § 1930, the Court may waive ﬁling

fees in a case under Chapter 7. This Court will waive fees only under very limited

circumstances.

The debtor may request a waiver of the ﬁling fee by completing and ﬁling Official Form

103B Application to Have the Chapter 7 Filing Fee Waived with the Clerk of the Court.

The Judge may waive the fee only if the debtor’s income level is less than 150 per cent

of the poverty line applicable to the family size of the debtor and the debtor is unable

to pay the fee in installments.

This Court shall not grant waivers of ﬁling fees if an individual is represented by an

attorney that has been, or will be, compensated. Representation by an attorney acting

pro bono or a legal service attorney that does not charge the debtor will not preclude

payment waivers.

The waiver of the ﬁling fee is subject to review, and the Court’s ruling waiving the fee

may be vacated if developments in the case or administration of the estate

demonstrate that the waiver was unwarranted.

If the ﬁling fee of an individual Chapter 7 debtor is waived and that debtor’s case is

later converted to a case under Chapter 13, the debtor must pay the full Chapter 13

ﬁling fee. The conversion order will give the debtor time in which to either pay the ﬁling

fee in full or begin making installment payments.

If an application for ﬁling fee waiver is denied, the order will direct that the debtor

either pay the ﬁling fee in full or pay the fee in installments as outlined in the order.

The waiver of ﬁling fees in this case relates to the initial ﬁling fee of a Chapter 7 case,

amended schedules and amended matrixes. It will not affect the requirement to pay

ﬁling fees for appeals.

C.Pro Se Debtors. Payment of a ﬁling fee by a pro se debtor shall be by cash, cashier’s

check or money order payable to “Clerk, United States Bankruptcy Court.” See also

Local Rule 5080-1.

D.Refund Policy. The Judicial Conference generally prohibits refunds of fees due upon

ﬁling, even if a case or document was ﬁled in error, or the Court dismissed the case or

proceeding. The Court may make certain exceptions. See CM/ECF Administrative

Guide XIX.

E.Dismissal of Case Upon Failure to Pay Installment Payment. Balance of Filing Fee

Due on Dismissal. The Court may dismiss without any further notice any case where

an installment payment is not timely made in the required manner. The balance of the

ﬁling fee shall become due immediately upon the dismissal of a case or upon the

failure to timely pay any installments.

RULE 1007-1.

LISTS, SCHEDULES AND STATEMENTS

A.Corporate Ownership Statement. Any corporation, other than a governmental unit,

that is a debtor shall ﬁle a statement that identiﬁes all publicly held corporations,

other than a governmental unit, that directly or indirectly own ten percent (10%) or

more of any class of the corporation’s equity interest, or states that there are no such

entities to report. The corporate ownership statement shall be made in a separate

pleading to be ﬁled concurrently with the petition on Local Form 7007.1-1. A

supplemental corporate ownership statement shall be ﬁled promptly to reﬂect any

change in the information that is required to be disclosed. This rule further requires

that membership interests in limited liability companies and similar entities that fall

under the deﬁnition of a corporation in Bankruptcy Code §101 also be included in the

ownership statement.

B.Completing Forms. Each question or statement shall be answered completely with

speciﬁc information on all petitions, statements, schedules, summaries, notices and

exhibits. If not applicable, so state by denoting "N/A" or "None". The forms must

comply substantially with the appropriate Official Forms. All schedules and

statements shall be dated and signed by debtor, joint debtor and/or counsel.

C.Requirement to Obtain Consumer Credit Counseling Prior to Filing Bankruptcy.

1.Official Forms Required. Under 11 U.S.C. §§ 109(h) and 521(b), and Bankruptcy Rule

1007-I [Interim](b)(3), an individual debtor must complete Official form 101 Part5

Credit Counseling. (Each spouse must complete Part 5, if a joint petition is ﬁled).

2.Failure to Comply with Credit Counseling Requirements.

a)Failure to complete Official Form 101, Part 5. If Part 5 is not completed, the petition

will be considered nonconforming and the Clerk shall send a deﬁciency notice. The

Clerk shall be directed to serve a notice of deadline to correct the deﬁciency. If the

debtor fails to complete Part 5 by the deadline set in the notice, the case may be

dismissed without further notice.

b)Failure to File Certiﬁcate. If Part 5 Box 2 is checked and a conforming credit

counseling certiﬁcate is not ﬁled within fourteen (14) calendar days from the date the

petition is ﬁled, the case may be dismissed without further notice.

c)Failure to Summarize Exigent Circumstances. If Part 5 Box 3 is checked and is not

accompanied by a separate sheet summarizing exigent circumstances, the case may

be dismissed without further notice.

d)Failure to File Motion. If Part 5 Box 4 is checked and is not accompanied by the

required motion Local Form 1007-1(C)(2)(d) for determination by the Court the case

may be dismissed without further notice.

D.Equity Security Holders List. The list of equity security holders in a Chapter 11 case

required by Bankruptcy Rule 1007(a)(3) shall be ﬁled in electronic format (“Equity

Security Holders List”) and shall be veriﬁed pursuant to Bankruptcy Rule 1008. See

Local Form 1007-1(D).

E.Creditor List.

1.The list containing the name and address of each creditor required by Bankruptcy

Rule 1007(a)(1) (the “Creditor List”) shall be ﬁled with the petition in every voluntary

case. The official list of creditors for purposes of notice shall be maintained

electronically on the CM/ECF System and may be obtained through the CM/ECF

System. This list shall be called the creditor “Matrix”.

2.The name and address of the Court, Judge, debtor, and debtor’s counsel, if any, shall

not be listed on the Creditor List. The debtor’s ex-spouse, if a creditor, and all parties

listed on Official Form 106H Schedule H- Your Codebtors should be included on the

list.

3.The Creditor List shall be submitted to the clerk or ﬁled in PDF. Pro se debtor may ﬁle

the creditor list on paper, but the list should be typed and legible.

4.Each submission of a Creditor or Equity Security Holder List shall be accompanied

by a Veriﬁcation of Creditor List.

5.When a United States agency is listed as a creditor, the debtor shall also list the

address for the United States Attorney for the Eastern District on the creditor list.

6.The United States Internal Revenue Service shall be listed on the creditor list in all

Chapter 11 cases and all other cases where the Internal Revenue Service is a creditor,

using the address for this region.

F.Amendment to Creditor List or Equity Security Holders List.

1.An “Amendment to” the Creditor List shall be made by ﬁling a list containing the

name and address of each creditor to be added to the list, or other amendment,

accompanied by a Veriﬁcation of Amendment to Creditor List, and shall be identiﬁed

as an “Amendment to Creditor List.”

2.An “Amendment to” the Equity Security Holders List shall be made by ﬁling a list

containing the name, address, and ownership interest of any additional security

holder, or other amendment, and shall be identiﬁed as an “Amendment to Equity

Security Holders List.”

3.Filing an amended Creditor List or Equity Security Holders List is not permitted. See

Local Rule 1009-1(A) and (D).

G.Pro Se Disclosure. An individual debtor or joint debtor who is not represented by an

attorney shall ﬁle a “Pro Se Disclosure” on Local Form 1007-1(G) at the time a petition

is ﬁled. The Pro Se Disclosure form shall disclose information regarding any

assistance received by the pro se debtor in connection with the preparation and ﬁling

of the bankruptcy petition and schedules and any compensation paid or promised to

be paid therefor. If the debtor cannot fully complete the Pro Se Disclosure form at the

time the petition is ﬁled, the debtor shall complete the form as fully as possible and

ﬁle it, and ﬁle an Amended Pro Se Disclosure form within seven (7) days. The form of

“Pro Se Disclosure” shall be made available at the Clerk’s Office and on the Court’s

website (www.okeb.uscourts.gov).

H.Payment Advices. Within fourteen (14) days of ﬁling a bankruptcy petition, each

individual debtor shall ﬁle a “Payment Advices Certiﬁcation” in the form prescribed by

Local Form 1007-1(H) together with copies of all payment advices or other evidence of

payment (such as paycheck stubs, direct deposit statements, employer’s statement

of hours and earnings) received from the debtor’s employer within sixty (60) days

before the date the debtor ﬁled his/her bankruptcy case. Failure to timely ﬁle the

“Payment Advices Certiﬁcation” shall constitute cause for dismissal of a bankruptcy

case without further notice or hearing.

I.Summary of Schedules, Statistical Summary of Certain Liabilities and Exhibits. In

addition to the time limits for ﬁling certain documents set forth in Bankruptcy Rule

1007(c), in an individual voluntary case, the Official Form 106Sum Summary of Your

Assets and Liabilities and Certain Statistical Information or in a Non-Individual

voluntary case, the Official Form 206Sum Summary of Assets and Liabilities for NonIndividuals shall be ﬁled with the petition, or within fourteen (14) days thereafter. In an

involuntary case, the appropriate Official Form 106Sum or 206Sum shall be ﬁled by the

debtor within fourteen (14) days of the entry of the order for relief. In a chapter 11 nonindividual case, Official Form 201A Attachment to Voluntary Petition for NonIndividuals ﬁling for Bankruptcy Under Chapter 11 shall be ﬁled with the petition.

J.Privacy. The debtor and debtor’s counsel shall redact the following personal data

identiﬁers from tax returns or transcripts, bank statements, payment advices, and

other documents before ﬁling such documents: all but the last four digits of the social

security number; all names of minor children (use minors’ initials); all but the last four

digits of any bank, savings or similar account numbers; and birth date except for the

year. The responsibility for redacting personal data identiﬁers rests solely with the

debtor and debtor’s counsel. The Clerk will not review documents for compliance with

this rule, seal documents containing personal data identiﬁers without a Court order,

or redact such information from documents, whether ﬁled electronically or on paper.

1.No tax information that is correctly ﬁled with the Bankruptcy Court or otherwise

provided by the debtor will be available to the general public via the internet, Pacer or

CM/ECF. In order for tax information to be electronically entered into a Court’s

CM/ECF system, the “tax information” event must be selected from the CM/ECF event

list. In order to assure privacy protection, it is imperative that all ﬁlers utilize the “tax

information” event, as this limits access to the ﬁled tax information to those users

who are judicial officers and Court employees. All other users will be limited to

viewing a docket event on the docket report indicating that tax information has been

ﬁled, but these viewers will not be able to open and view that tax information.

2.It is the debtor’s duty, when providing tax information, to redact personal

information, as such information is subject to the Judicial Conference of the United

States Policy on Privacy and Public Access to Electronic Case Files (JCUS Policy). In

accordance with the JCUS Policy, the debtor should take the following steps to redact

personal identiﬁers and any tax information ﬁled with the Court or provided to the

trustee or the creditors in either electronic or paper form:

a)Social Security numbers - If an individual’s social security number is included, only

the last four digits of that number should appear.

b)Names of Minor Children - If a minor child(ren) is/are identiﬁed by name, only the

child(ren)’s initials should appear. Debtor may also list the child as son or daughter.

c)Dates of Birth - If an individual’s date of birth is included, only the year should

appear.

d)Financial Account Numbers - If ﬁnancial account numbers are provided, only the

last four digits of these numbers should appear.

Court employees are not responsible for redacting any of the personal identifying

information. The responsibility for redacting personal identiﬁers rests solely with the

debtor.

K.Statement About Your Social Security Numbers. An individual debtor who is not

represented by an attorney should submit a Statement About Your Social Security

Numbers on the appropriate Official Form 121 to the Clerk at the time of ﬁling the

petition. When a case is ﬁled electronically by an attorney, the CM/ECF System will

allow for the manual input of the full social Security Numbers, thereby negating the

need for the original Statement About Your Social Security Number to be ﬁled with the

Court. The attorney of record shall maintain the original signed statement in

accordance with Local Rule 9011-1 for a period of one (1) year after the case is closed.

L.Instrumentalities of the United States. Copies of the list of addresses of

instrumentalities of the United States shall be made available by the Clerk upon

request and are available on the Court’s website (www.okeb.uscourts.gov).

M.Amendments to Add Property Acquired After the Commencement of the Case. The

debtor shall within fourteen (14) days of acquiring or becoming entitled to acquire any

interest in property, where such property or property right is acquired after the

commencement of the case, ﬁle amendments to the appropriate schedules. This is a

continuing duty and is limited to after acquired property as follows:

1.In a Chapter 7 case with respect to property acquired within one hundred eighty

(180) days after the ﬁling of the petition.

2.In a Chapter 11 case with respect to property acquired on or before the entry of an

order conﬁrming plan.

3.In a Chapter 12 or 13 case with respect to property acquired prior to the entry of an

order discharging the debtor.

RULE 1007-2.

STATEMENT OF INTENTION FOR INDIVIDUALS FILING UNDER CHAPTER

Within thirty (30) days of ﬁling the petition under Chapter 7 or by the § 341 meeting, an

individual debtor shall ﬁle Official Form 108 Statement of Intention For Individuals

Filing Under Chapter 7 with regard to consumer debt secured by property of the estate

pursuant to §521(a)(2). If a creditor is required to provide a reaffirmation agreement or

other information necessary for the debtor to timely perform his or her statement of

intention under 11 U.S.C. § 521(a)(2) and the creditor refuses to provide the agreement

or information, then the debtor may, but is not required to, ﬁle a motion to compel the

creditor to supply the required agreement or information.

RULE 1008-1.

UNSWORN DECLARATION VERIFICATION

See Local Form 1008-1.

RULE 1009-1. AMENDMENTS TO PETITIONS, LISTS AND SCHEDULES AND

STATEMENTS

A.Title. When amending any petition, list, schedule, or statement pursuant to

Bankruptcy Rule 1009(a) or (b), the following shall be observed:

1.An “Amendment to” a document consists of information that modiﬁes or

supplements a document. The original document remains effective but with

consideration of the amendment. An amendment to a document shall be clearly

identiﬁed as “Amendment to [name of original document]”.

2.An “Amended” document consists of a replacement document that entirely

supersedes an original document. An amended document shall be clearly identiﬁed

as “Amended [name of original document].”

B.Amendment to Petition to Correct Debtor’s Name. Petitions shall not be amended to

change the name (including “all other names” required to be listed on the petition) of

the debtor, or delete the name of a joint debtor, except upon motion and Court order.

Petitions shall not be amended to add the name of a joint debtor that was not listed as

a joint debtor on the original petition, but rather a separate petition must be ﬁled.

Amendments to correct the misspelling of the debtor’s names will be allowed.

C.Signature of Debtor. All documents ﬁled pursuant to Bankruptcy Rule 1009 must be

signed and veriﬁed in the same manner as required for the original document.

D.Notice to Creditors. If creditors are added to the schedules, the debtor shall give

notice to each additional creditor of the commencement of the case and all

applicable bar dates and deadlines and ﬁle a Certiﬁcate of Mailing of such notice. See

also Local Rule 5005-1(E).

E.Amendment to Creditor List, Matrix or Equity Security Holders List. If amendments

to lists, schedules, or statements are made pursuant to Bankruptcy Rule 1009(a) or (b)

reﬂecting a change or addition to the name or address of a creditor, or a change or

addition to the name or address of an equity security holder, an amendment to the

Creditor List or the Equity Security Holders List, as appropriate, shall be submitted in

accordance with Local Rule 1007-I [Interim] 1(D). If additions are made to the creditor

list or equity security holders list, the debtor shall give notice to each additional

creditor or equity security holder of the commencement of the case and all applicable

bar dates and deadlines (i.e. 341 Meeting Notice) and ﬁle a Certiﬁcate of Mailing of

such notice. In addition, if the Debtor is represented by an Attorney, the Attorney shall

upload each new creditor to the CM/ECF database. See also Local Rule 5005-1(E).

Amended Creditor Lists and Equity Security Holders Lists are not permitted. If Chapter

11, see also Local Rule 3002-1(F).

F.Amendment to Schedules. If amendments to schedules are made, a Summary of

Schedules shall be attached.

1.An “Amendment to” the Creditor List shall be made by ﬁling a list containing the

name and address of each creditor to be added to the list, or other amendment,

accompanied by a Veriﬁcation of Amendment to Creditor List, and shall be identiﬁed

as an “Amendment to Creditor List.”

2.An “Amendment to” the Equity Security Holders List shall be made by ﬁling a list

containing the name, address, and ownership interest of any additional security

holder, or other amendment, and shall be identiﬁed as an “Amendment to Equity

Security Holders List.”

G.Amendments to Petitions. The debtor shall give notice to the trustee and to all

creditors listed on the matrix, of an amendment to the following: the debtor’s name,

address, social security number, tax id number, aka, dba, mailing address, or street

address. The debtor shall ﬁle a certiﬁcate of mailing with the amendment showing the

date of service. A notice of change of address for the debtor shall be considered an

amendment to the petition and is required to be mailed to the trustee and to all

creditors listed on the matrix. The debtor shall ﬁle a certiﬁcate of mailing with the

notice of change of address. See Local Form 1009-1(G).

H.Amendments/Corrections to Social Security Number. If the Petition was

electronically ﬁled, the Attorney shall electronically ﬁle in the CM/ECF System the

debtor’s Statement About Your Social Security Numbers, Official Form 121, with the

corrected social security number using the event Correction of Debtor(s) Social

Security Number. (The Debtor(s) must sign and date Official Form 121). The Attorney

shall keep the original form for a period of one year after the case is closed. The Clerk

shall make the correction to the social security number in the Electronic Case Filing

System. The Attorney shall mail a copy of Official Form 121 to all creditors listed on

the matrix. The Attorney shall ﬁle a certiﬁcate of mailing stating that Official Form 121

was mailed to all creditors and state the date it was mailed. Official Form 121 should

not be attached to the certiﬁcate of mailing. An Amendment to the Petition listing the

debtor’s last four digits of the social security number is necessary only when the

correction is being made to one of the last four listed digits. The attorney shall also ﬁle

Local Form 1009-1(H), Notice of Correction of Social Security Number and mail the

Notice to the National Credit Bureau Agencies and ﬁle a certiﬁcate of mailing stating

that the form was mailed to the three national credit reporting agencies at their last

known address on their website.

RULE 1013-1.

HEARING AND DISPOSITION IN INVOLUNTARY CASES

A.Contested Petition. If the debtor ﬁles a timely answer contesting the petition, the

Court will then set the contested petition for hearing.

B.Motion to Convert Involuntary Chapter 7 Case. A motion to convert by the debtor in

an involuntary chapter 7 proceeding shall be deemed a consent to entry of an order for

relief under the chapter to which the case is being converted.

RULE 1014-1. TRANSFER OF CASES, RELATED CASES AND ADVERSARY

PROCEEDINGS

A.Related Cases and Adversary Proceedings. Unless provided for in the order, the

transfer of a case shall not include the transfer of any related case unless

substantively consolidated, but shall include the transfer of any adversary proceeding

in the transferred case, and the transfer of an adversary proceeding shall ordinarily

accompany the transfer of the main bankruptcy case, but not include the transfer of

any related case or proceeding. The adversary case transfer should include the

transfer of the main bankruptcy case. Any exceptions to this should be pursuant to a

Court order.

B.When petitions involving the same or related debtors are ﬁled in different courts the

debtor shall notify the court at the time of ﬁling.

RULE 1015-1. JOINT ADMINISTRATION / CONSOLIDATION AND SEPARATION OF A

JOINT PETITION

When a joint case is commenced by the ﬁling of a single petition by an individual and

that individual’s spouse as provided in 11 U.S.C. § 302(a), the debtors’ estates shall be

jointly administered and substantively consolidated unless a party in interest objects

or the Court orders otherwise.

A.Joinder of Spouse. When a debtor has ﬁled a petition under the Bankruptcy Code

and subsequently the debtor’s spouse seeks to join the petition, the joining debtor

must ﬁle a new petition under the same chapter as the pending case and pay the

appropriate fees. The petition shall be accompanied by all schedules, statements and

lists required for that chapter. The joining debtor may then move for joint

administration of the two cases.

B.Separation of Joint Case. When one debtor in a case commenced by the ﬁling of a

joint petition seeks to maintain a separate case within the same chapter that debtor

shall ﬁle a motion to sever the joint case and shall pay the appropriate fee. The new

case number shall be assigned to the case of the movant. When one debtor in a case

commenced by the ﬁling of a joint petition seeks to maintain a separate case with the

desire to convert the case to one under another chapter that debtor shall ﬁle a motion

to sever the joint case, pay the appropriate fee for the ﬁling of the motion and any fee

associated with the conversion. The new case number shall be assigned to the case

ﬁled for the purpose of conversion.

1.Conversion. If one of two joint debtors seeks conversion to a chapter other than that

under which the joint case is pending, in addition to ﬁling a motion to sever the joint

case and paying the applicable fee, as provided in the preceding section, a motion to

convert must be ﬁled and applicable fee shall be paid.

2.Dismissal of Debtor From a Joint Case. When a debtor seeks to dismiss one debtor

from a joint case, a motion to sever is not required.

C.Joint Administration. A motion for joint administration shall be ﬁled by the party

seeking joint administration.

1.Content. Motions for joint administration shall include a statement as to whether

joint administration will give rise to any conﬂict of interest among the estates of the

cases to be jointly administered. The motion shall include designation of the lead

case, the caption and how claims will be handled.

2.Notice. A motion for joint administration shall be considered by the Court after

hearing on notice pursuant to Local Rule 9013-1, and in accordance with Local Form

20A.

3.Local Form Or http://www.okeb.uscourts.gov/Local-Forms-Listder Required. A

proposed order jointly administering a case shall conform to the applicable local form

order jointly administering cases. Local Form 1015-1(C)(3).

4.Manner of Joint Administration. Jointly administering a case shall follow these

guidelines unless otherwise ordered:

a)Designation of Lead Case. For cases ﬁled at the same time, the ﬁrst case ﬁled shall

be designated in the joint administration order as the “lead case”. For cases jointly

administered subsequent to the original ﬁling date, the order for joint administration

shall designate the “lead case”.

b)Caption. Court papers ﬁled after joint administration shall be captioned as provided

in Local Rule 9004-2 with the exception that the words” Jointly Administered” should

be typed under the lead case number.

c)Docket. A single case docket shall be maintained after the entry of the order for joint

administration, under the case number of the case designated in the joint

administration order as the “lead case”.

d)Claims. A separate claims register shall not be maintained for each case unless

otherwise ordered. Claims shall be ﬁled in the name of the debtor against whom the

claim is asserted, followed by the lead case number and the words “Jointly

Administered”.

e)Ballots. Ballots shall be styled in the case name of the member case for which the

plan being voted on was ﬁled, followed by the lead case number and the words “Jointly

Administered”.

RULE 1016-1.

DEATH OF DEBTOR

The attorney for the debtor should ﬁle a notice or certiﬁcate of death in the bankruptcy

case as soon as possible after acknowledgment that the debtor is deceased.

RULE 1017-1.

CONVERSION TO CHAPTER 11, 12 OR 13

A.Conversion from Chapter 7 to Chapter 11, 12 or 13.

1.Procedure if sought by the debtor - The following procedure shall be employed for

conversion by the debtor from Chapter 7 to Chapter 11, 12 or 13:

Conversion shall be accomplished by motion reﬂected in Local Form 1017-1(A)(1)(a),

pursuant to 11 U.S.C. § 706(a) and Bankruptcy Rule 1017(f)(2) and notice reﬂected in

Local Form 20A Notice of Motion, Notice of Deadline to File Objection and Notice of

Hearing, if Objection is ﬁled, per Local Rule 9013-1(B).

2.Procedure if sought by a party in interest - The following procedure shall be

employed for conversion by a party in interest from Chapter 7 to Chapter 11:

Conversion shall be accomplished by motion reﬂected in Local Form 1017-1(A)(2)(a)

pursuant to 11 U.S.C. § 706(b) and Bankruptcy Rule 1017(f) and notice reﬂected in

Local Form 20A Notice of Motion, Notice of Deadline to File Objection and Notice of

Hearing, if Objection is ﬁled, per Local Rule 9013-1(B).

3.Conversion from a Chapter 7 to a Chapter 12 or 13 by a party in interest is prohibited

by 11 U.S.C. § 706(c) absent the debtor’s consent.

B.Conversion from Chapter 11 to Chapter 7

1.Procedure if sought by the debtor - The following procedure shall be employed for

conversion by the debtor from Chapter 11 to Chapter 7:

Conversion shall be accomplished by motion reﬂected in Local Form 1017-1(B)(1)(a)

pursuant to 11 U.S.C. § 1112(a) and Bankruptcy Rule 1017(f).

2.Procedure if sought by a party in interest - The following procedure shall be

employed for conversion by the party in interest from Chapter 11 to Chapter 7:

Conversion shall be accomplished by motion reﬂected in Local Form 1017-1(B)(2)(a)

pursuant to 11 U.S.C. § 1112(b) and Bankruptcy Rule 1017(f) and notice reﬂected in

Local Form 20A, Notice of Motion, Notice of Deadline to File Objection and Notice of

Hearing per Local Rule 9013-1(B).

C.Conversion from Chapter 11 to Chapter 12 or 13

1.Procedure if sought by the DIP - The following procedure shall be employed for

conversion by the DIP from Chapter 11 to Chapter 12 or 13:

a)Conversion shall be accomplished by motion reﬂected in Local Form 1017-1(C)(1)(a)

pursuant to 11 U.S.C. § 1112 (d) or Bankruptcy Rule 1017(f)(2) and notice reﬂected in

Local Form 20A, Notice of Motion, Notice of Deadline to File Objection and Notice of

Hearing per Local Rule 9013-1(B).

b)Within thirty (30) days after entry of the Order of Conversion, or within the time

otherwise ordered by the Court, the DIP shall ﬁle a Final Account. See Local Form

1017-1(C)(1)(b).

2.Procedure if sought by a party in interest - Conversion from a Chapter 11 to a

Chapter 12 or 13 by a party in interest is prohibited 11 U.S.C. § 1112(d) without DIP

consent.

D.Conversion from Chapter 12 or 13 to Chapter 7

1.Procedure if sought by the DIP/debtor - The following procedure shall be employed

for conversion by the DIP/debtor from Chapter 12 or 13 to Chapter 7:

Conversion shall be accomplished by Notice of Conversion reﬂected in Local Form

1017-1(D)(1)(a) pursuant to 11 U.S.C. §§ 1208(a) or 1307(a).

2.Procedure if sought by a party in interest - The following procedure shall be

employed for conversion by a party in interest from Chapter 12 or 13 to Chapter 7:

Conversion shall be accomplished by motion reﬂected in Local Form 1017-1(D)(2)(a)

pursuant to 11 U.S.C. §§ 1208(d) or 1307(c) and Bankruptcy Rule 1017(f) and notice

reﬂected in Local Form 20A, Notice of Motion, Notice of Deadline to File Objection and

Notice of Hearing per Local Rule 9013-1(B).

E.Conversion from Chapter 12 to Chapter 11 or 13

1.Procedure if sought by the DIP or by a party in interest - The following procedure

shall be employed for conversion by the DIP or a party in interest from Chapter 12 to

Chapter 11 or 13:

Conversion shall be accomplished by motion reﬂected in Local Form 1017-1(E)(1)(a)

pursuant to 11 U.S.C. § 1208 (e) and notice reﬂected in Local Form 20A, Notice of

Motion, Notice of Deadline to File Objection and Notice of Hearing per Local Rule

9013-1(B).

F.Conversion from Chapter 13 to Chapter 11 or 12

1.Procedure if sought by the debtor - The following procedure shall be employed for

conversion by the debtor or party in interest from Chapter 13 to Chapter 11 or 12:

Conversion shall be accomplished by motion reﬂected in Local Form 1017-1(F)(1)(a)

pursuant to 11 U.S.C. § 1307(d) and Bankruptcy Rule 1017(f) and notice reﬂected in

Local Form 20A, Notice of Motion, Notice of Deadline to File Objection and Notice of

Hearing per Local Rule 9013-1(B).

G.Information Regarding Domestic Support Obligations. Within thirty (30) days after

the conversion of a case to a case under Chapter 11, 12 or 13, the debtor shall provide

the trustee, if a trustee is appointed, with the information required by Local Rule 40021(B) on Local Form 4002-1(B).

RULE 1017-2.

DISMISSAL OR SUSPENSION – CASE OR PROCEEDINGS

A.Dismissal of a Chapter 7. Procedure if sought by the debtor or a party in interest Dismissal shall be accomplished by motion and notice, pursuant to 11 U.S.C. § 707

and Bankruptcy Rule 1017. Notice shall be accomplished by use of Local Form 20A,

Notice of Motion, Notice of Deadline to File Objection and Notice of Hearing per Local

Rule 9013-1(B).

B.Dismissal of a Chapter 11.

1.Procedure if sought by the DIP or a party in interest - Dismissal shall be

accomplished by motion and notice pursuant to 11 U.S.C. § 1112(b) and Bankruptcy

Rule 1017. Notice shall be accomplished by use of Local Form 20A, Notice of Motion,

Notice of Deadline to File Objection and Notice of Hearing, per Local Rule 9013-1(B).

2.Duties of the DIP

a)Within fourteen (14) days after the ﬁling of a Motion to Dismiss, the DIP shall ﬁle all

Applications for Compensation and Reimbursement of Expenses.

b)Within thirty (30) days after entry of the Order of Dismissal, or within the time

otherwise ordered by the Court, the DIP shall ﬁle a Final Report. See Local Form 10172(B)(2)(b).

C.Dismissal of a Chapter 12.

1.Procedure if sought by the debtor - Dismissal shall be accomplished by motion

pursuant to 11 U.S.C. § 1208(b) and Bankruptcy Rule 1017.

2.Procedure if sought by a party in interest - Dismissal shall be accomplished by

motion pursuant to 11 U.S.C. § 1208(c) and Bankruptcy Rule 1017 and notice Local

Form 20A, Notice of Motion, Notice of Deadline to File Objection and Notice of

Hearing, if Objection is ﬁled, per Local Rule 9013-1(B).

3.Duties of the DIP - Within fourteen (14) days after the ﬁling of a Motion to Dismiss,

the DIP shall ﬁle all Applications for Compensation and Reimbursement of Expenses.

D.Dismissal of a Chapter 13.

1.Procedure if sought by the debtor - Dismissal shall be accomplished by motion

pursuant to 11 U.S.C. § 1307(b) and Bankruptcy Rule 1017.

2.Procedure if sought by a party in interest - Dismissal shall be accomplished by

motion pursuant to 11 U.S.C. § 1307(c) and Bankruptcy Rule 1017 and notice Local

Form 20A, Notice of Motion, Notice of Deadline to File Objection and Notice of

Hearing, if Objection is ﬁled, per Local Rule 9013-1(B).

3.Duties of the Debtor - Within fourteen (14) days after the ﬁling of a Motion to

Dismiss, the debtor shall ﬁle all Applications for Compensation and Reimbursement

of Expenses.

E.Fees Outstanding at Time of Dismissal. The balance of any statutory or Courtordered fees, including ﬁling fees, conversion fees, and United States Trustee’s fees,

due and owing at the time of dismissal, must be immediately paid in full.

RULE 1019-1.

CONVERSION – PROCEDURE FOLLOWING

A.Amendment to Creditor List. In addition to the requirements of Bankruptcy Rule

1019, the debtor-in-possession or trustee in a superseded Chapter 11 case, and the

debtor in a superseded Chapter 12 or 13 case, shall ﬁle an amendment to the Creditor

List reﬂecting the names and addresses of all unscheduled, unpaid post-petition

creditors within fourteen (14) days following the entry of the order converting the case

or the ﬁling of a notice of conversion. See also Local Rule 1009-1(D) and Local Rule

5005-1(E).

B.Information Regarding Domestic Support Obligations. Within thirty (30) days after

the conversion of a case to a case under Chapter 7, the debtor shall provide the

trustee with the information required by Local Rule 4002-1(B) on Local Form 4002-1(B).

C.Filing of Official Form 122 A-C Upon Conversion of Case. In cases of individual

debtors converted to Chapters 11 or 13, the debtor shall ﬁle Official Form 122B

Chapter 11 Statement of Your Current Monthly Income, or 122C-1 Chapter 13

Statement of Your Current Monthly Income and Calculation of Commitment Period,

and if applicable, B122C-2 Chapter 13 Calculation of Your Disposable Income

(applicable for the chapter converted to) within fourteen (14) calendar days of entry of

the conversion order. In cases converted to Chapter 7 from Chapters 11, 12 or 13,

unless otherwise ordered by the Court, the debtor shall ﬁle the Official Form 122A-1

Chapter 7 Statement of Your Current Monthly Income, and if applicable, Official Form

122A-2 Chapter 7 Means Text Calculation or Official Form 122A-1Supp Statement of

Exemption From Presumption of Abuse Under Sec 707(B)(2) within fourteen (14)

calendar days of conversion.

D.Deadline for Filing Postpetition Claims. In converted cases, pursuant to Bankruptcy

Rule 1019(6), the deadline for ﬁling by a non-government unit of a request for payment

of an administrative expense or a claim ﬁled pursuant to 11 U.S.C. § 348(d) of the

Bankruptcy Code, shall be ninety (90) calendar days from the date of the postconversion meeting. This deadline shall be subject to modiﬁcation, as applicable, by

the provisions of Local Rule 3002-1 and 3003-1.

PART II OFFICERS AND ADMINISTRATION; NOTICES; MEETINGS; EXAMINATIONS;

ELECTIONS; ATTORNEYS AND ACCOUNTANTS

RULE 2002-1.

NOTICE TO CREDITORS AND OTHER INTERESTED PARTIES

A.Twenty-One Day Notices to Parties in Interest. The proponent or movant shall

prepare and serve the notices required by Bankruptcy Rule 2002(a)(2), (3), (4), (5), and

(6) unless the action is initiated by the Court, in which event the appropriate notice

shall be served by the Clerk unless the Court directs otherwise. The notices required

by Bankruptcy Rule 2002(a)(7) shall be given by the Clerk in cases under Chapters 7, 9,

12 and 13. In a case under Chapter 11, the notices required by Bankruptcy Rule

2002(a)(7) shall be given by the movant. The notices required by Bankruptcy Rule

2002(a)(8) shall be given by the proponent of the plan unless a plan is ﬁled in the

correct format concurrently with the petition in a Chapter 12 case, in which event the

notices provided for in Bankruptcy Rule 2002(a)(8) shall be given by the Clerk, if

permissible.

B.Twenty-Eight Day Notices to Parties in Interest. The notices required by Bankruptcy

Rule 2002(b) shall be given by the proponent of the plan or the party whose disclosure

statement is being considered, unless a plan is ﬁled in the correct format and

concurrently with the petition in a Chapter 13 case, in which event the notices

provided for in Bankruptcy Rule 2002(b) shall be given by the Clerk, if permissible. See

also Local Rule 3015-1(B).

C.Notice to Equity Security Holders. The proponent or movant shall prepare and give

the notices required by Bankruptcy Rule 2002(d)(3), (4), (5), (6), and (7).

D.Other Notices. The notice required by Bankruptcy Rule 2002(f)(7) shall be given by

the proponent of the plan. The notice required by Bankruptcy Rule 2002(f)(8) shall be

given by the Chapter 7 trustee.

E.Certiﬁcate of Mailing of Notices. The Notice of Electronic Filing created by the

CM/ECF System serves as a Certiﬁcate of Mailing.

1.If all parties who are entitled to receive notice are served by the CM/ECF System, no

additional Certiﬁcate of Mailing is necessary.

2.For parties not listed on the Notice of Electronic Filing who are entitled to receive

notice, the ﬁling party must serve the pleading in accordance with the Federal Rules of

Bankruptcy Procedure and shall either include a Certiﬁcate of Mailing in the pleading

certifying the date of service, the manner of service, and the names and addresses of

the persons and entities served or ﬁle a separate signed Certiﬁcate of Mailing Local

Form 2002-1(E) containing the same information. If a separate Certiﬁcate of Mailing is

ﬁled electronically, the Certiﬁcate of Mailing shall speciﬁcally identify the notice

served, and the docket event shall be related to the notice served. If the Certiﬁcate of

Mailing is ﬁled in paper form, the following must be attached: (1) a copy of the ﬁrst

page of the notice served and (2) a copy of the ﬁrst page of the Notice of Electronic

Filing of the notice.

When mailing paper copies of documents that have been electronically ﬁled to parties

who are not registered participants of the CM/ECF System, the ﬁling party must

include the ﬁrst page of the Notice of Electronic Filing to provide the recipient with

proof of the ﬁling.

3.If a party is required to serve notice of a “Text-Only Order” to parties who are not

registered participants of the CM/ECF System, the party shall send a copy of the

Notice of Electronic Filing to such recipients. Only those pages of the Notice of

Electronic Filing that contain the ﬁling information, the docket entry and the

document descriptions need to be served.

F.Motions to Shorten or Limit Notice. A motion to shorten the time or limit the

distribution of any notice required by Bankruptcy Rule 2002 shall state the cause to

shorten or limit notice. Such motions may be ruled upon ex parte.

G.Addressing Notices. Notice of Preferred Addresses under 11 U.S.C. § 342(e) and (f)

and National Creditor Registration Service.

1.An entity and a notice provider may agree that when the notice provider is directed

by the Court to give a notice to that entity, the notice provider shall give the notice to

the entity in the manner agreed to and at the address or addresses the entity supplies

to the notice provider. That address is conclusively presumed to be a proper address

for the notice. The notice provider’s failure to use the supplied address does not

invalidate any notice that is otherwise effective under applicable law.

2.The ﬁling of a notice of preferred address pursuant to 11 U.S.C. § 341(f) by a creditor

directly with the agency or agencies that provide noticing services for the Bankruptcy

Court will constitute the ﬁling of such a notice with the Court.

3.Registration with the National Creditor Registration Service must be accomplished

through the agency that provides noticing services for the Bankruptcy Court. Forms

and registration information are available at https.ncrs.uscourts.gov.

4.Notices of Change of Address by a creditor for this district only, should be

accomplished by ﬁling Local Form 2002-1(G).

RULE 2002-2.

NOTICE TO UNITED STATES OR FEDERAL AGENCY

Notices required to be served on an instrumentality of the United States pursuant to

Bankruptcy Rule 2002(j) shall clearly designate the department, agency or

instrumentality of the United States entitled to notice or the agency through which the

debtor became indebted and shall be served at the address listed on the list of

addresses maintained by the Clerk in accordance with Local Rule 1007-I [Interim]-1(L).

RULE 2003-1.

§ 341 MEETING

A.Documents Required at the § 341 Meeting:

1.Signed copy of Attorney Fee Contract

2.Signed copy of Petition and Schedules

3.Most recently ﬁled tax returns shall be provided seven (7) days before § 341 meeting.

4.Disclosure Notice required under 11 U.S.C. § § § 526, 527 and 528.

5.Debtor shall timely respond to any additional, reasonable request for documents by

the trustee.

B.Requests to Continue or Reschedule the § 341 Meeting, Notice of Re-setting and

Extension. If the debtor or the debtor’s attorney knows in advance of the § 341 Meeting

that the debtor or attorney cannot attend the § 341 Meeting as scheduled, the debtor’s

attorney (or the debtor if not represented by an attorney) shall contact the trustee (or

the United States Trustee in a Chapter 11 case where no trustee has been appointed)

as far in advance of the § 341 Meeting as possible to request a continued hearing date.

If continued, the debtor’s attorney (or the debtor if not represented by an attorney)

shall:

1.prepare and ﬁle a notice of the continued or rescheduled § 341 Meeting bearing the

trustee’s signature;

2.serve notice of the continued or rescheduled § 341 Meeting date on the trustee and

on all creditors and parties in interest and on the United States Trustee, in Chapter 11

cases; and

3.ﬁle a certiﬁcate of service with the Court.

C.Continuance of the § 341 Meeting Announced at Meeting. The trustee or the United

States Trustee may continue a § 341 Meeting from time to time by announcement at

the § 341 Meeting. The trustee or the United States Trustee shall list the continued

date, time and location for the continued meeting by making a docket entry using the

Court’s CM/ECF system. No further notice of the continued date shall be required.

RULE 2003-2.

CORPORATE OWNERSHIP STATEMENT – CREDITORS COMMITTEE

Any corporation, other than a governmental unit, that accepts appointment to a

committee of creditors shall complete and ﬁle Local Form 7007.1-1 identifying all

publicly held corporations, other than a governmental unit, that directly or indirectly

own ten percent (10%) or more of any class of the corporation’s equity interest, or

stating that there are no such entities to report. The corporate ownership statement

shall be ﬁled within fourteen (14) days of an appointment to a committee. A

supplemental corporate ownership statement shall be ﬁled promptly to reﬂect any

change in the information that is required to be disclosed.

This Rule further requires that membership interests in limited liability companies and

similar entities that fall under the deﬁnition of a corporation in Bankruptcy Code § 101

also be included in the disclosure statement.

RULE 2004-1.

DEPOSITIONS AND EXAMINATIONS

A.A motion for an examination under Bankruptcy Rule 2004 may be ruled upon by the

Court ex parte.

B.An examination under Bankruptcy Rule 2004 may be taken by agreement without a

motion or order.

C.Before ﬁling a motion for the examination of a person, including a debtor or a

representative of the debtor, the party seeking to take the examination shall make a

good faith effort to confer with the person to be examined, or such person’s counsel if

that person is represented, to arrange for an agreeable date, time, and place for the

examination. The motion shall indicate if an agreement has been reached on the date,

time and place for the examination; otherwise the motion shall disclose the efforts

made to comply with this rule.

RULE 2014-1.

EMPLOYMENT OF PROFESSIONALS

An application for employment, Local Form 2014-1(A), made pursuant to Bankruptcy

Rule 2014, may be ruled upon ex parte or may be set for hearing, at the discretion of

the Court. A local proposed order, Local Form 2014-1(B), shall be submitted with such

application in compliance with Local Rule 9072-1 and this Court’s CM/ECF

Administrative Guide.

RULE 2015-1.

TRUSTEES - GENERAL

The duty of a Chapter 7 or Chapter 11 trustee or Chapter 11 DIP to ﬁle reports required

by 11 U.S.C. §§ 704(a)(8) and 1106(a)(1) and Bankruptcy Rule 2015(a)(3), shall continue

until the entry of a ﬁnal decree, unless the Court directs otherwise, according to the

format and time schedule provided by the U. S. Trustee or ordered by the Court.

RULE 2015-2.

DUTY TO FILE REPORTS

A.Monthly Operating Reports. The DIP must ﬁle an original monthly operating report

with the Clerk of the Bankruptcy Court, and serve a copy upon the United States

Trustee. The monthly operating reports must be prepared using the forms provided on

the United States Trustee’s website at http://www.justice.gov/ust/r20/. Debtors who

are individuals and/or operate a sole proprietorship must complete and ﬁle a Monthly

Operating Report (Individuals). Debtors who are partnerships, LLC’s, professional

corporations or corporations, must complete and ﬁle the Standard Monthly Operating

Report (Business). Small Business Debtors must complete and ﬁle a Small Business

Monthly Operating Report, in compliance with Bankruptcy Rule 2015(a)(6).

The Chapter 11 Monthly Operating Report must be signed by the Chapter 11 debtor

under penalty of perjury, signed and submitted by the debtor’s attorney, ﬁled with the

Court and submitted to the United States Trustee. Additional ﬁnancial information

may be required by the United States Trustee.

B.The reports required under paragraph “A” above shall be ﬁled with the Clerk of the

Bankruptcy Court in Chapter 11 and 12 cases. Debtors shall use the appropriate

United States Trustee or Local Forms to ﬁle the reports. The report must be signed by

the debtor or the debtor’s authorized representative under penalty of perjury.

C.In cases under Chapter 13 where the trustee ﬁles a report with the Court pursuant to

11 U.S.C. § 1302(c), the debtor shall ﬁle reports required by 11 U.S.C. § 1304(c) with the

Court on the appropriate form. The report must be signed by the debtor under penalty

of perjury.

D.In cases under Chapter 13, debtors who have income for which no taxes are

withheld or debtors who are self-employed but who do not incur trade credit, shall

submit Monthly Operating Reports using the appropriate form, to the Chapter 13

trustee unless the trustee waives or modiﬁes this requirement.

RULE 2016-1.

COMPENSATION OF PROFESSIONALS

A.The Administrative Office of the U.S. Courts Director’s Procedural Form 2030

Disclosure of Compensation of Attorney for Debtor required by 11 U.S.C. § 329(a) and

Bankruptcy Rule 2016(b) shall be ﬁled with the petition, but the ﬁling of the statement

shall not be a requirement for the commencement of a case under any chapter of the

Code.

B.In Chapter 11 and Chapter 12 cases, attorneys and accountants shall deposit into a

trust account all retainer funds received from the debtor pre-petition that had not

been earned and applied pre-petition. No retainer funds shall be withdrawn without an

order of the Court.

C.All fee applications must comply with the United States Trustee’s Guidelines for

Reviewing Applications for Compensation & Reimbursement of Expenses ﬁled under

11 U.S.C. §330. http://www.usdoj.gov/ust/eo/rules_regulations/guidelines/index.htm.

D.Debtors’ attorneys seeking compensation or expenses that exceed the Court’s

presumptive fee (see this Court’s General Orders) and all other attorneys seeking

compensation or expenses shall submit Local Form 2016-1(C) “Application for

Compensation for Professional Services or Reimbursement of Expenses by Attorney”.

The application shall:

1.include as an attachment a copy of the retainer agreement, if any;

2.include as an attachment a detailed description of the actual or estimated services

or expenses for which compensation or reimbursement is sought, including time

spent in preparing the fee application; and

3.include the amount of any payments previously made to the attorney(s).

E.Applications for Compensation and Reimbursement of Expenses ﬁled pursuant to

Bankruptcy Rule 2016, should comply with the notice of hearing requirements set

forth in Local Rule 9013-1. The Notice of Hearing should contain the language set forth

in Local Form 20E Notice of Application Opportunity for Objection and Notice of

Possible Hearing. All Applications for Compensation and Reimbursement of Expenses

are subject to hearing after review by the court. If an order approving fees and

expenses is not entered prior to the hearing, the applicant should attend the hearing

and be prepared to present legal argument.

RULE 2090-1.

ADMISSION OF COUNSEL TO THE BANKRUPTCY COURT

A.Roll of Attorneys. The bar of this Court shall consist of those attorneys admitted to

practice before the United States District Court for the Eastern District of Oklahoma

who have taken the prescribed oath and submitted the required fee to the District

Court. Since this Court derives its jurisdiction and authority from the United States

District Court for the Eastern District of Oklahoma, admission to the District Court

shall be deemed admission to this Bankruptcy Court.

B.Procedure for Admission. Every applicant for admission shall submit to the District

Court Clerk, on a form prescribed by the District Court, a written application for

admission, which shall be referred to the Committee on Admissions and Grievances

for investigation into the applicant’s qualiﬁcations and ﬁtness to be admitted to the

bar of the Eastern District. The committee shall report its recommendations in writing

to the District Court Clerk. Upon a favorable report of the Committee, the applicant

may be admitted. Each applicant approved by the Committee on Admissions and

Grievances shall pay the applicable fee to the District Court Clerk’s office prior to the

time the applicant is sworn in, which may take place at either the District Court or the

Bankruptcy Court, and receives his certiﬁcate. See www.oked.uscourts.gov.

C.Eligibility. Any member of the bar of the Supreme Court of the United States, or of

any United States Court of Appeals, or of any District Court of the United States, or a

member in good standing of the bar of the highest Court of any state of the United

States, is eligible for admission to the bar of this Court.

D.Attorneys for the United States. Attorneys who are employed or retained by the

United States or its agencies may practice in this Court in all cases or proceedings in

which they represent the United States or such agencies.

E.Admission Pro Hac Vice. Any attorney who has been admitted to practice and

remains in good standing before any other Court of the United States, or before the

highest Court of any other state, and who is familiar with these Local Rules may

practice before this Court by permission of and on such conditions as may be set by

the Court. Permission to practice before the Court may be requested by ﬁling a written

motion in the main bankruptcy case or by making an oral request during any

proceeding before the Court, followed by a written motion. Attorneys requesting such

admission are required to attach to their motion a completed Application for

Admission Pro Hac Vice, Local Form 2090-1(E) and pay the appropriate admission fee

to the Clerk of the United States District Court for the Eastern District of Oklahoma. A

motion and fee should be submitted for each case such attorney seeks admission.

Temporary admission shall be restricted to the case and related proceeding for which

the motion is granted. An attorney so admitted shall ﬁle pleadings and documents

electronically with the Court in compliance with these Local Rules and the CM/ECF

Administrative Guide. Admission in a particular bankruptcy case shall also serve as

admission in all adversary proceedings ﬁled relating to that bankruptcy case and/or

consolidated cases.

F.Appearance of Child Support Creditor or Representative. Any attorney not admitted

to practice before this Court, who desires to appear on behalf of a child support

creditor in a case pending before this Court, shall ﬁle a written notice detailing the

child support debt, its status and other characteristics simultaneously with the ﬁrst

papers ﬁled on Administrative Office of the U.S. Courts Director’s Procedural Form

2810, Appearance of Child Support Creditor or Representative.

PART III CLAIMS AND DISTRIBUTION TO CREDITORS AND EQUITY INTEREST

HOLDERS; PLANS

RULE 3001-1.

TRANSFER OF CLAIM

When a claim is transferred pursuant to Bankruptcy Rule 3001(e)(2) or (e)(4), the notice

of transfer of claim shall include a reference to the claim number of the original Proof

of Claim for which the transferee shall be substituted for the transferor and the

amount of the claim and shall be ﬁled on Administrative Office of the U.S. Courts

Director’s Procedural Form 2100A Transfer of Claim Other Than for Security.

RULE 3002-1.

FILING PROOF OF CLAIM

A.Proofs of Claim. All proofs of claim or interest shall be ﬁled electronically using

CM/ECF. Parties who have not obtained limited user passwords, or creditors or

interest holders not represented by counsel may ﬁle a proof of claim or interest

through this court’s website using Electronic Proof of Claim interface (ePOC). All

claims ﬁled shall be ﬁled on Administrative Office of the U.S. Courts Director’s

Procedural Form 410. The creditor’s complete name, address and telephone number

shall be provided on the proof of claim. See Local Rule 5005-1(A).

B.Converted Cases. When a case is converted from Chapter 11, 12, or 13 to Chapter 7,

the “meeting of creditors” for the purpose of Bankruptcy Rule 3002(c) shall mean the

meeting of creditors held in the Chapter 7 case.

C.Chapter 7 No-Asset Cases and Cases Converted from Chapter 13 to Chapter 7. Upon

the ﬁling of a “Notice of Assets,” a deadline for ﬁling claims shall be established as

provided by Bankruptcy Rule 3002(c)(5), and noticed pursuant to Local Rule 2002-1.

Claims deadlines in Chapter 13 cases converted to Chapter 7 cases shall be

established as provided by Bankruptcy Rule 3002(c)(5) and Local Rule 1019-1(D).

D.Exhibits to Proofs of Claim. Exhibits (20 page limit of normal type print) in support of

a Proof of Claim shall be ﬁled electronically whenever possible and shall be docketed

as one event with the Proof of Claim. The exhibits should be electronically imaged and

ﬁled in PDF format together with the Proof of Claim. The exhibits shall comply with

Local Rule 9004-1 (A) and (B). CM/ECF registered participants shall ﬁle proofs of claim

electronically. The party ﬁler must add the creditor name exactly as it appears on the

claim. The address of the claimant should include the mailing address to which

payments should be sent.

E.Deadline for Filing Claims in Chapter 7 Cases Reopened to Administer Assets. Upon

the ﬁling by a trustee of a “Notice of Assets” in a reopened Chapter 7 case:

1.If no claims deadline was established in the original case or if a claims deadline was

established and rendered moot by the ﬁling of a “Report of No Distribution” by the

trustee in the original case, the Court shall set a deadline of seventy (70) calendar

days from issuance of the Clerk’s Notice of Deadline to File Claims. For governmental

units, the deadline shall be this deadline or one hundred eighty (180) calendar days

after relief was ordered in the original Chapter 7 case, whichever is later. Any claims

ﬁled during the pendency of the original case shall be deemed ﬁled in the reopened

case.

2.If a claims deadline established in the original case expired prior to the ﬁling of a

“Report of No Distribution” by the trustee, or if a distribution was made to creditors by

the trustee subsequent to the expiration of a claims deadline in the original case, no

additional claims deadline shall be established. Creditors considered for distributions

shall be those creditors who ﬁled claims in the original case.

RULE 3003-1.

FILING PROOF OF CLAIM IN CHAPTER 9 OR CHAPTER 11

Chapter 11 Cases.

1.Claims Bar Date. In all Chapter 11 cases, the Court shall ﬁx a claims bar date. Such

deadline may be speciﬁed in the 341 meeting notice.

2.Notice of Bar Date. In Chapter 11 cases, unless the Court orders otherwise, the Clerk

will serve notice of the claims bar date with a blank proof of claim and instructions

that conform substantially to the Administrative Office of the U.S. Courts Director’s

Procedural Form 410 on all creditors and parties in interest at the time the § 341

meeting of creditors is noticed.

3.Creditors Added After Claims Bar Date. If the debtor amends its Chapter 11

schedules to add a creditor or to reduce the amount of a claim or reclassify a claim as

contingent, unliquidated, or disputed after having served notice of the claims bar

date, then, in addition to serving the amended schedules on the affected creditor, the

debtor shall serve the notice of claims bar date upon the affected creditor and shall

give written notice that the creditor must ﬁle any claim by the bar date or thirty (30)

days after the date of the notice, whichever is later, and ﬁle a Certiﬁcate of Mailing in

compliance with Local Rule 2002-1(E) and 5005-1(E) within two (2) days thereafter. See

Local Rule 1009-1(E).

In a Chapter 9 or 11 case, the DIP or trustee, if one is appointed, shall ﬁle a request for

order ﬁxing time within which proofs of claim or interest must be ﬁled if the court has

not already set a time for ﬁling. The request must be ﬁled and DIP or trustee shall

serve the order ﬁxing the time within which to ﬁle proofs of claim or interest on the

debtor, the trustee, all creditors, indenture trustees, equity security holders, and all

persons requesting notice in the case. See also Local Rule 2002-1(E)(1) and (2).

RULE 3004-1.

FILING PROOF OF CLAIM ON BEHALF OF A CREDITOR

If a debtor ﬁles a proof of claim on behalf of a creditor who has failed to ﬁle a proof of

claim, the debtor shall include the creditor’s telephone number on the proof of claim.

If the creditor’s telephone number is not available, the debtor shall provide the

creditor’s full account number to the trustee by mail.

RULE 3007-1.

CLAIMS – OBJECTIONS

A.Proofs of interest. Bankruptcy Rule 3007 also applies to objections to proofs of

interest.

B.Objection to claim or interest. The caption of an objection to a claim shall identify

the claimant and claim number (e.g., Objection to Claim of ACME, Inc. (Claim No. 10)).

The objecting party has the burden of overcoming the presumption afforded by

Bankruptcy Rule 3001(f). Objections to claims and notice shall be ﬁled and served in

compliance with Bankruptcy Rule 3007(a)(2) and Local Rule 9013-1(B).

C.Notice of Objections. The objecting party must provide notice of an objection to the

claimant, claimant’s counsel, debtor, debtor’s counsel, the trustee, and parties in

interest that have requested notice in compliance with Bankruptcy rule 3007(a)(2).

Notice shall contain the language set forth in Local Form 420B-1 Notice of Objection to

Claim, Notice of Deadline to File Response and Notice of Opportunity for Hearing.

RULE 3008-1.

CLAIMS – RECONSIDERATION

Bankruptcy Rule 3008 shall also apply to proofs of interest.

RULE 3010-1.

DIVIDENDS – SMALL

A.Chapter 12 and 13 trustees may distribute payments in amounts less than $15.00 to

creditors without Court order.

B.Upon satisfactory proof to the Chapter 12 or 13 trustee that a claim is fully satisﬁed,

the payments that would have otherwise been made on that claim may be distributed

by the trustee to holders of other allowed claims provided for by the conﬁrmed plan

without requiring modiﬁcation of the plan.

RULE 3011-1.

UNCLAIMED FUNDS

A.Disposition of Unclaimed Funds. A request by any proper entity for the release of

unclaimed funds pursuant to 28 U.S.C. § 2042 shall be made by completing and ﬁling

an Application for Payment of Unclaimed Funds on Local Form 1340 Application for

Payment of Unclaimed Funds. An applicant shall ﬁle separate supporting

documentation to establish the identity of the claimant and the authority of the

applicant to make the claim according to the Instructions for Filing Application for

Payment of Unclaimed Funds by ﬁling Local Form 1340A Supporting Documentation

for Application for Payment of Unclaimed Funds. A claimant entitled to such funds

may obtain an order directing payment to the claimant upon full proof of the right to

payment of such funds. If no response or objection has been ﬁled within fourteen (14)

days from the date of ﬁling of the application the Court may set a hearing and/or

require additional evidence before ruling on the application and directing payment of

such funds. All indications of fraud will be referred to the United States Attorney for

the Eastern District of Oklahoma.

B.Notice Required. Such application shall be served by the claimant on the debtor and

debtor’s counsel, if any, trustee, United States Trustee, United States Attorney for the

Eastern District of Oklahoma, and the original claimant and claimant’s counsel, if any,

if the applicant is not the original creditor or claimant.

RULE 3012-1.

VALUATION OF COLLATERAL

A.Motions to Determine Secured Claims. These motions shall be ﬁled separately and

shall not be incorporated into the plan in a Chapter 11 case.

B.These motions will be ruled upon at the expiration of the time in which to object, or

will be set for hearing at the time of conﬁrmation. See Local Form 3012-1(B).

C.These motions shall be accompanied by a Notice of Motion as set forth in Local Rule

9013-1(B).

D.When the request is made in a Chapter 12 or 13 plan the debtor shall comly with

Bankruptcy rule 3012(b) and (c).

RULE 3015-1.

CHAPTER 12 AND 13 – PLAN

A.Time for Filing. If a Chapter 13 plan is not ﬁled with the petition, it shall be ﬁled

within fourteen (14) days after the order for relief. If a Chapter 12 plan is not ﬁled with

the petition, it shall be ﬁled within ninety (90) days after the order for relief. Failure to

timely ﬁle the plan shall result in dismissal of the case unless a motion to extend time

is timely ﬁled and granted by the Court.

B.Chapter 12 Plan. The Chapter 12 Plan proposed by the DIP shall comply with the

requirements of 11 U.S.C. § 1222. Plans must be ﬁled within the time set forth in 11

U.S.C. § 1221 on Local Form 3015-4. This Court’s Local Form may be modiﬁed to

accommodate the individual DIP, but must comply with the requirements of 11 U.S.C.

§ 1222.

C.Chapter 13 Plan; Service and Use of Local Form. Chapter 13 Plans shall comply with

Local Form 3015-1(B). If a Chapter 13 Plan is ﬁled in the proper format on the same

date as the petition, the Clerk will provide a copy of the plan along with the notices

required by Bankruptcy Rule 2002(a)(1) and (b). Service of the Chapter 13 Plan by the

Clerk shall be governed by Local Rule 2002-1(B) or by General Order. If the Chapter 13

plan includes a request to determine amount of secured claim and/or avoidance of a

nonpossessory, nonpurchase- money security interest in exempt property, the

attorney for the debtor (or the debtor) shall serve a copy of the plan and Notice of

hearing and objection deadlines on affected creditors in the manner provided by Fed.

R. Bankr. P. 7004 for service of a summons and complaint. If the Chapter 13 plan is not

ﬁled on the same date as the petition or is ﬁled in an improper format, debtor or

debtor’s counsel shall transmit a copy of the plan to the debtor, the Chapter 13

trustee, the United States Trustee, all creditors, and parties in interest that have

requested notice, and shall ﬁle a certiﬁcate of mailing thereof.

RULE 3015-2.

AMENDED CHAPTER 12 & 13 PLANS

Chapter 13 Plans shall comply with Local Form 3015-1(B). Amended Chapter 12 or 13

Plans shall supersede all prior plans unless otherwise authorized by the Court, state

the changes made and the creditors affected), be accompanied by Local Form 420C-1,

Notice of Conﬁrmation Hearing and Notice of Objection Deadline, and be mailed to all

parties listed on the official mailing matrix, the United States Trustee and the Chapter

12 or 13 trustee twenty-eight (28) days prior to the conﬁrmation hearing, along with a

certiﬁcate of mailing each time a plan is amended.

RULE 3015-3.

CHAPTER 12 AND 13 - PRECONFIRMATION CERTIFICATION

A.Certiﬁcation of Payment of Domestic Support Obligations. Within fourteen (14) days

before the date set for conﬁrmation of a Chapter 12 or Chapter 13 plan, if the debtor is

required by a judicial or administrative order, or by statute, to pay any domestic

support obligation, the debtor shall ﬁle a veriﬁed statement on Local Form 3015-2(A)

(Pre-Conﬁrmation Certiﬁcation), certifying that the debtor has paid all amounts that

are required to be paid under such domestic support obligation in accordance with 11

U.S.C. § 1325(a). If the debtor is not required to pay any amounts under a domestic

support obligation, then the debtor shall ﬁle a veriﬁed statement on Local Form 30152(A) (Pre-Conﬁrmation Certiﬁcation) certifying that the debtor has no such

obligations.http://www.okeb.uscourts.gov/Local-Forms-List

B.Certiﬁcation Regarding Tax Returns. Within fourteen (14) days before the date set for

conﬁrmation of a plan, the debtor shall ﬁle a veriﬁed statement on Local Form 3015-

2(A) (Pre-Conﬁrmation Certiﬁcation) certifying that all applicable federal, state and

local tax returns required by 11 U.S.C. §§ 1308 and 1325(a)(9) have been ﬁled with the

appropriate taxing authority.

RULE 3015-4.

MODIFICATION OF THE CHAPTER 12 OR 13 PLAN

A.Modiﬁcations made to the Chapter 12 or 13 Plan after conﬁrmation pursuant to 11

U.S.C. §§ 1229 or 1329 shall be accompanied by a motion to modify each time a

modiﬁed plan or amended modiﬁed plan is ﬁled, stating the modiﬁcations being

made in the plan in compliance with Local Form 3015-4, (Chapter 12 Plan) or Local

Form 3015-1(B) (Chapter 13 Plan). The provisions of Local Rule 3015-2 apply to

amended modiﬁcations to plan. The debtor shall ﬁle Local Form 3015-3(C)

(Pre-Conﬁrmation Certiﬁcation) within fourteen (14) days before the date set for

conﬁrmation for each modiﬁcation to a Chapter 12 or Chapter 13 Plan.

B.When a Motion to Modify Plan is ﬁled pursuant to 11 U.S.C. §§ 1229 or 1329, the

moving party shall also ﬁle a modiﬁed plan and Local Form 420C-2, Notice of

Conﬁrmation Hearing and Notice of Objection Deadline along with a certiﬁcate of

mailing to all parties listed on the official mailing matrix, the United States Trustee and

the Chapter 12 or 13 trustee twenty-eight (28) days prior to the conﬁrmation hearing.

RULE 3015-5.

NOTICE OF CHAPTER 12 CONFIRMATION HEARING

The Clerk shall prepare the notice of conﬁrmation hearing. The Clerk or the DIP if the

Court directs, shall mail to the matrix, the notice and plan within seven (7) days of the

entry of the notice of conﬁrmation hearing. Proof of service shall be ﬁled within two (2)

days of the mailing.

RULE 3015-6.

OBJECTION TO CHAPTER 12 AND 13 PLANS

Objections to the plan must be ﬁled no later than seven (7) days prior to the

conﬁrmation hearing. Each objection shall state speciﬁc grounds for the objection

and legal authority for objector’s position, where applicable. Untimely objections may

be disregarded by the Court.

RULE 3016-1.

DISCLOSURE STATEMENT AND CHAPTER 11 PLAN-GENERAL

A.The proponent of the disclosure statement and Chapter 11 Plan shall mail a copy of

the disclosure statement in compliance with Bankruptcy Rule 3017(a) within three (3)

days of ﬁling. Within two (2) days thereafter, the disclosure statement proponent shall

ﬁle a certiﬁcate of mailing evidencing compliance.

B.Any amended disclosure statement or amended Chapter 11 Plan, shall be complete

in and of itself and supersede all prior versions unless otherwise authorized by the

Court upon request of the plan proponent.

C.Notice of Disclosure Statement Hearing - The Clerk or DIP, as the Court may direct,

shall prepare and mail the notice of disclosure statement hearing.

RULE 3017.1.

DISCLOSURE STATEMENT - SMALL BUSINESS CASE

In a small business case, a Chapter 11 plan and disclosure statement ﬁled by any plan

proponent must conform to Local Form 3017.1 - Small Business Chapter 11 Disclosure

Statement and Local Form 3017.1(2) - Small Business Chapter 11 Plan. Additions or

deletions to such local forms may be made provided that the proponent highlights the

changes made. The proponent shall obtain hearing dates and appropriate deadlines to

include in the Disclosure Statement from this Court’s website. The plan proponent

shall ﬁle an Application for Conditional Approval of the Disclosure Statement

pursuant to 11 U.S.C. § 1121(e). Upon application, the Court may, after independent

review, enter an order conditionally approving the disclosure statement. All disclosure

statements so approved will be considered for ﬁnal approval at the same time as the

hearing on the conﬁrmation of the plan.

RULE 3017-1.

DISCLOSURE STATEMENT - APPROVAL

Each disclosure statement formulated pursuant to 11 U.S.C. § 1125 must meet the

following minimum requirements.

A.Description of Business. The debtor must furnish information describing the nature

of the business being reorganized under Chapter 11. This analysis must include the

competitive conditions in the industry and the debtor’s role in that industry. The

debtor must disclose whether or not it is dependent upon one or more customers or

clients. Where the debtor is a licensed professional whose income is derived from

providing services that are billed on an hourly rate, the debtor must provide

information giving the creditor a good faith estimate of the number of clients, the

anticipated services, the hourly rate, and the anticipated annual billings that will

provide the source of his income. The Chapter 11 debtor should provide a description

of the service to be rendered, location of principal and branch offices, employee staff

and payroll and salaries of officers and directors. Any special property interests, such

as patents, trademarks, licenses, or franchises should be disclosed and described.

B.History of the Debtor. The Chapter 11 debtor should describe in detail its activities

before ﬁling, including the reasons for ﬁling the Chapter 11. This history should be

provided in a neutral, objective and noninﬂammatory manner. Litigation issues are to

be described in an objective professional tone, free of any mischaracterization of the

issues to be resolved in such litigation. Where possible, the debtor should provide an

evaluation of the probable success of any litigation and its effect on the debtor’s

business or his plans for reorganization under Chapter 11.

C.Financial Information. The debtor must provide a pre-petition statement of assets

and liabilities, together with a proﬁt and loss analysis. The debtor must also provide

ﬁnancial information sufficient to inform the creditors of all liens, encumbrances,

security interests, loans or other ﬁnancial obligations that may impair the debtor or

his assets.

D.Description of the Plan. The plan of reorganization must be described in sufficient

detail to give the creditor enough information to determine how its rights will be

affected.

E.How the plan is to be executed.

F.Liquidation Analysis.

G.Management to be retained and the compensation of the personnel retained.

H.Projection of Operations. The debtor should provide the projection of operations

subsequent to conﬁrmation so that the Court may determine the feasibility of the

plan. The debtor must provide sufficient ﬁnancial information to determine if the

projections for operations subsequent to conﬁrmation are feasible. The debtor is

required to make a full, clear and complete disclosure of all underlying assumptions.

If the plan assumes an increase in income, the basis for this assumption must be set

forth. If the future operations contain a risk of loss of income or anticipated ﬁnancial

instability, the factors that may cause a loss or diminution of income should be set

forth.

I.Litigation. All pending or contemplated litigation of whatever nature must be

described fully, completely and in detail. Trial dates, where known, must be disclosed.

Appeals, ﬁled or contemplated, must be disclosed. The disclosure statement must

include a professional evaluation of the probable success of any pending or

contemplated litigation.

J.Transactions with Insiders. The disclosure statement must describe fully, completely

and in detail all transactions with insiders. If there are no such transactions, that shall

be stated.

K.Tax Consequences. The disclosure statement must reveal the probable tax

consequences if the Chapter 11 Plan is conﬁrmed. If there are no tax consequences,

the disclosure statement must contain an affirmative statement of that fact.

RULE 3018-1.

BALLOTS – VOTING ON PLANS

Ballots shall conform to Local Form 3018-1. The person designated in a plan to receive

ballots to accept or reject a plan shall ﬁle a tabulation of the ballots at least seven (7)

days prior to the date set for hearing on conﬁrmation of the plan on Local Form 30201(D)-1. The tabulation shall include the numbers and percentages of acceptances and

rejections of each impaired class, and whether each such impaired class is deemed to

accept or reject the plan.

RULE 3019-1.

AMENDED CHAPTER 11 PLAN

Any amended Chapter 11 Plan shall be complete in all respects and supersede all

prior versions. A separate pleading entitled "Summary of Amendments" shall

accompany all amended plans. The summary shall state the changes made and the

creditors affected by the amendments with reference to the original plan. This rule

may be waived upon request of a party in interest.

RULE 3020-1.

CHAPTER 11 – CONFIRMATION

A.Ballots. The plan proponent shall have the original ballots at the hearing on

conﬁrmation of a plan. The ballots may be introduced into evidence upon request of

the Court or a party in interest.

B.Notice of Conﬁrmation Hearing. The Clerk shall prepare the notice of conﬁrmation

hearing, unless the Court orders otherwise and the plan proponent should mail to the

matrix, the notice, the plan, a ballot, and the approved disclosure statement, in

compliance with Bankruptcy Rule 3017(d), within three (3) days of the entry of the

notice of conﬁrmation hearing. Proof of service shall be ﬁled within two (2) days of the

mailing.

C.Deadline for Objections to Conﬁrmation. Objections to conﬁrmation of a chapter 11

plan shall be ﬁled at least fourteen (14) days before the conﬁrmation hearing unless

the Court shortens notice for cause, or in a small business case.

D.Pre-Conﬁrmation Obligation. The Plan proponent of a Chapter 11 shall ﬁle Local

Form 3020-1(D)(1), Certiﬁcate on Acceptance of Plan and Report on Payment of Fees.

Individual Chapter 11 debtors shall ﬁle Local Form 3020-1(D)(2), Pre Conﬁrmation

Certiﬁcation Regarding Domestic Support Obligations and Filing of Required Tax

Returns prior to the conﬁrmation hearing in compliance with 11 U.S.C. § 101 (14A) or §

129(a)(14).

E.Payment of Clerk’s and United States Trustee’s Fees. A Plan shall not be conﬁrmed

unless the plan proponent’s report required by this rule certiﬁes that all outstanding

fees payable to the Clerk and the United States Trustee under 28 U.S.C. § 1930 have

been paid.

F.Implementation Order. Upon conﬁrmation, the Court shall enter an implementation

order pursuant to 11 U.S.C. §1142 as a part of the conﬁrmation order. The postconﬁrmation debtor shall be required to comply with the mandates of the

implementation order.

RULE 3022-1.

CHAPTER 11 FINAL REPORT/DECREE

The plan proponent shall ﬁle a Final Report, in compliance with this Court’s Local

Form 3022-1, Chapter 11 Final Report and Application for Final Decree, along with

certiﬁcate of mailing, in compliance with this Court’s Local Rules within six (6) months

after plan conﬁrmation or within thirty (30) days after substantial consummation,

under 11 U.S.C. § 1101(2), whichever is earlier. If the debtor is an individual and is

eligible for a discharge, upon the ﬁling of a Notice of Completion of Plan payment,

Certiﬁcation of Compliance and Request for Entry of Discharge, a Notice of Motion,

Notice of Objection and Hearing pursuant to this Court’s Local Form 20C, the case will

be automatically reopened pursuant to 11 U.S.C. § 350 without the payment of a fee.

RULE 3070-1.

CHAPTER 13 – PAYMENTS

A.Chapter 13 plans shall state a total amount per month to be paid to the Chapter 13

trustee and shall state the length of the plan in months.

B.The debtor shall commence making payments to the Chapter 13 trustee under a

Chapter 13 plan within thirty (30) days after the date of the order for relief. All

payments made by the debtor to the Chapter 13 trustee shall be made by certiﬁed or

cashier’s check or money order. Chapter 13 plan payments made by recipients of

wage deduction orders or other payment orders may be made to the Chapter 13

trustee by check. If any entity tenders a plan payment check that is dishonored, the

Chapter 13 trustee may require all future Chapter 13 plan payments from such entity

to be made by certiﬁed or cashier’s check or money order.

C.Cash will not be accepted by the Chapter 13 trustee from any entity as payment

under a Chapter 13 plan.

D.Unless otherwise agreed by the Chapter 13 trustee, Chapter 13 plan payments shall

be made to the trustee under a wage deduction order or other payment order directed

to an entity from whom the debtor receives income. The debtor shall submit a wage

deduction order or payment order on Local Form 3070-1(D) to the trustee for approval

and submission to the Court.

RULE 3070-2.

CHAPTER 13 – ADEQUATE PROTECTION

A.Each creditor entitled to adequate protection under 11 U.S.C. § 1326(a)(1)(C) shall be

provided adequate protection by the Chapter 13 plan in the form of a lien on each preconﬁrmation plan payment to the Chapter 13 trustee in the amount stated in the plan

for such creditor.

B.The Chapter 13 plan shall provide for equal monthly amounts to each creditor

entitled to adequate protection, unless otherwise agreed by a creditor in writing ﬁled

in the case.

C.The Chapter 13 debtor shall not pay adequate protection payments directly to any

creditor.

D.There shall be a presumption that only the creditors provided a lien on pre

conﬁrmation plan payments by the plan are entitled to adequate protection under 11

U.S.C. § 1326(a)(1)(C).

E.A creditor may ﬁle a written objection to the provision for adequate protection in the

plan, however, the Chapter 13 plan shall control until otherwise ordered by the Court.

F.The trustee shall hold all plan payments received (including the portion of the plan

payments upon which a lien has been provided for under the plan) until conﬁrmation

of a plan, dismissal or conversion of the case. If a plan is conﬁrmed, the trustee shall

disburse all payments held as provided in the conﬁrmed plan. If the case is dismissed

or is converted to another chapter prior to conﬁrmation of a plan, the adequate

protection lien provided for in the plan shall attach to plan payments received by the

trustee on or before the date of conversion or dismissal and the Chapter 13 trustee is

authorized to disburse the funds to which the adequate protection lien has attached

to the creditor entitled thereto (subject to paragraphs G and H below).

G.If one or more amended plans are ﬁled that contain different payment amounts for a

creditor entitled to adequate protection and the case is either dismissed or converted

to another chapter prior to conﬁrmation of a plan, the lien shall attach to the highest

payment amount stated in the plans for that creditor and that amount shall be paid to

the creditor by the trustee.

H.No adequate protection payments shall be paid to any creditor unless a secured

proof of claim has been ﬁled for that creditor. If a secured proof of claim has not been

ﬁled by or on behalf of a creditor entitled to adequate protection prior to the date of

dismissal or conversion of the case to another chapter prior to conﬁrmation of a plan,

the adequate protection lien shall be extinguished and the trustee is hereby

authorized to disburse the funds that otherwise would have been disbursed to that

creditor to the debtor free and clear of any lien or interest of any creditor.

I.All adequate protection payments made by the Chapter 13 trustee shall be made in

the ordinary course of Chapter 13 trusteeship business.

J.Upon disbursement of adequate protection payments under this order, the Chapter

13trustee is hereby allowed the trustee’s percentage fee as periodically ﬁxed by the

United States Attorney General, or his designee, under 28 U.S.C. § 586(e).

RULE 3071-1.

CHAPTER 12 – PAYMENTS

All payments to the Chapter 12 trustee shall be made by certiﬁed or cashier’s check or

money order. Neither personal checks nor cash will be accepted as payment under a

Chapter 12 plan.

PART IV

THE DEBTOR: DUTIES AND BENEFITS

RULE 4001-1.

AUTOMATIC STAY

A.Relief from the Automatic Stay of 11 U.S.C. § 362(a). A motion for relief from the

automatic stay of 11 U.S.C. § 362(a) shall be clearly designated as such in the title of

the pleading. Failure to do so may be deemed by the Court to be a waiver of the

beneﬁts of an expedited hearing and automatic termination of the stay upon the

conditions stated in 11 U.S.C. § 362(e).

B.Motions Seeking Relief in Addition to Relief from the Automatic Stay of 11 U.S.C. §

362(a) and Abandonment of Property.

1.Where a motion for relief from the automatic stay of 11 U.S.C. § 362(a) and

abandonment of property includes a request for additional relief other than

abandonment of property or adequate protection, such request shall constitute a

waiver of the right to an expedited hearing and automatic termination of the stay upon

the conditions stated in 11 U.S.C. § 362(e) of the code.

2.If a motion for relief is combined with a request for abandonment, the motion shall

be served on all creditors pursuant to Bankruptcy Rule 6007 unless an order limiting

notice is entered by the Court.

3.If movant seeks a waiver of the 14-day stay under Bankruptcy Rule 4001(a)(3), such

request must be clearly designated in the title of the pleading and must explain why

such waiver should be granted.

4.A motion for relief may be combined with a request for abandonment under 11

U.S.C. § 554 or alternatively request adequate protection under 11 U.S.C. § 361.

C.Notice of Motions Under Bankruptcy Rule 4001. A motion ﬁled under 11 U.S.C. §§

362, 363(e), or 364 shall be served upon the debtor, debtor’s counsel, counsel for any

official committee (or if no committee in a Chapter 11 case, upon the list of 20 largest

unsecured creditors), trustee, the United States Trustee, any parties affected by the

motion or having an interest in the property affected by the motion, and all parties in

interest who have requested notice in the case.

D.Relief from the Codebtor Stay. A motion for relief from the codebtor stay provided by

11 U.S.C. §§ 1201(a) or 1301(a) shall be designated as “Motion for Relief from Codebtor

Stay.” Failure to do so may be deemed a waiver of the beneﬁt of automatic termination

of the stay upon the conditions stated in 11 U.S.C. §§ 1201(d) or 1301(d). The motion

shall be served upon the debtor, the debtor’s counsel, trustee, any individual that is

liable on the debt with the debtor (i.e., a codebtor), and all parties in interest who have

requested notice in the case. The moving party shall also ﬁle a Notice, Local Form 20A,

Notice of Motion, Notice of Deadline to File Objection and Notice of Hearing.

E.Discovery. Responses to discovery requests regarding motions for relief from the

automatic stay, are due in 14 days from service of written requests. Depositions may

be taken after the expiration of seven (7) days after service of the motion for relief from

the automatic stay.

F.Applicability of Local Rule 9013-1, 9014-1. Local Rules 9013-1 and 9014-1 apply to

motions for relief from the automatic stay.

G.Conﬁrmation that Automatic Stay is Terminated. A request for an order under

11U.S.C. § 362(j), conﬁrming that the automatic stay has been terminated, may be

made by application. An application pursuant to 11 U.S.C. § 362(j) shall provide the

following information, as appropriate in the circumstances for each prior case: (1) if

the prior ﬁling was in this Court, the complete case caption, date of ﬁling and date of

dismissal; and/or (2) if the prior ﬁling was in any other Court, then, in addition to the

requirements of (1), the movant shall also ﬁle relevant copies of all Court records

reﬂecting the information provided in subsection (1) shall be considered ex parte.

H.Continuation of the Automatic Stay. A motion for continuation of the automatic stay

under 11 U.S.C. § 362(c)(3)(B) should be ﬁled with the petition in order to comply with

completing a hearing thirty (30) days from ﬁling the petition. The debtor shall serve

such motion on all creditors, the United States Trustee, the trustee, counsel for any

official committee (or if no committee in a Chapter 11 case, upon the list of 20 largest

unsecured creditors), and all holders of liens on and interests in any property to be

affected by the stay. Failure to comply with this rule may result in denial of the motion

without further notice or a hearing. If the Motion to Extend the Automatic Stay is

unopposed, the Court may grant the motion under certain circumstances without the

necessity of a hearing. In order to do so, there must be proper notice and opportunity

to object provided to all creditors. In addition, in order to grant the motion without a

hearing, the Court must ﬁnd that counsel has properly pled all the elements under §

362(c)(3) including rebutting by clear and convincing evidence the presumption that

the case was not ﬁled in good faith 11 U.S.C. § 362(c)(3). The debtor shall serve Local

Form 20G, Notice of Motion to Extend Stay, Notice of Deadline to File Objection to

Motion and Notice of Hearing.

I.Consent Motions for Relief from the Automatic Stay. A consent motion for relief from

the automatic stay shall be styled as a “consent motion.” Pursuant to Local Rule 90131, a consent motion for relief from the automatic stay need not be set for hearing and

may be ruled upon without hearing. The Clerk of Court is authorized to waive the ﬁling

fee for a motion for relief from the automatic stay when the motion and proposed

order are ﬁled with the written consent and signature of the trustee and all

respondents. Consent may be shown by separate certiﬁcate of consent or certiﬁcate

of no opposition signed by the responding party but such consent or no opposition

shall be ﬁled as part of the consent motion. All consent motions for relief from stay

shall be ﬁled using the proper consent motion event in the CM/ECF system to avoid

automatic assessment of the ﬁling fee. Consent motions for relief to proceed with a

domestic action do not require the signature of the non-debtor spouse.

RULE 4002-1.

DEBTOR – DUTIES

A.Failure to Appear at Meeting of Creditors. In a joint case when only one debtor

spouse appears at the meeting of creditors, the non-appearing debtor may be

dismissed from the case pursuant to a motion under Bankruptcy Rules 1017 and

2002(a).

B.Duty to Provide Information about Domestic Support Obligations in Cases Under

Chapters 7, 11, 12 and 13. Within fourteen (14) days after the ﬁling of the schedules

and statements or fourteen (14) days after establishment of a domestic support

obligation under Bankruptcy Rule 1007(b)(1), an individual debtor in a case under

Chapter 7, 11, or 13 shall provide to the trustee on Local Form 4002-1(B) the following

information regarding any domestic support obligations (as deﬁned in 11 U.S.C. §

101(14A)): (1) the name, address and telephone number of all domestic support

obligation claimants and (2) the current name and address of the debtor's employer

until case is closed. The debtor shall notify the trustee of any changes in such

information, including any new domestic support obligations, until the case is closed.

C.Filing of, and Access to, Income Tax Returns. A party in interest may ﬁle and serve

upon the debtor and debtor’s counsel a request, pursuant to 11 U.S.C. § 521(f), that an

individual debtor in a case pending under Chapter 7, 11 or 13, ﬁle with the Clerk the

debtor’s federal income tax returns. Within seven (7) days of the ﬁling of the request,

the debtor shall redact personal data identiﬁers, as speciﬁcally set forth in Local Rule

1007-I [Interim]-1(J), and ﬁle such tax returns as a secure event in accordance with

CM/ECF Administrative Guide. A party in interest seeking access to a debtor’s tax

information 11 U.S.C. § 521(g)(2) shall ﬁle a motion that includes: (i) a description of

the movant’s status in the case, to allow the Court to ascertain whether the movant

may properly be given access to the requested tax information; (ii) a description of the

speciﬁc tax information sought; (iii) a statement indicating that the information cannot

be obtained by the movant from any other source; and (iv) a statement showing a

demonstrated need for the tax information.

The movant must provide a copy of the motion ﬁled with the Court to the debtor and

debtor’s counsel, the trustee and the United States Trustee. Further, the movant shall

follow the motion practice in the Eastern District of Oklahoma, as outlined in the

Administrative Procedures, wherein notice is provided by the movant, outlining the

right to ﬁle an objection and scheduling the matter for a hearing. If the motion is

granted, the requesting party shall pay the appropriate copying fees and provide to the

Clerk a stamped, self-addressed envelope or retrieve the permitted tax information in

person from the Clerk.

The movant will not be required to prepare an order, as this will be a Court produced

order either granting or denying the motion. Any order granting the motion for access

to tax information, shall include language advising the movant that the tax information

obtained is conﬁdential and should condition dissemination of the tax information as

appropriate under the circumstances of the particular case. TAX INFORMATION

OBTAINED BY A PARTY IN INTEREST SHALL BE TREATED AS CONFIDENTIAL.

SANCTIONS MAY BE IMPOSED FOR IMPROPER USE, DISCLOSURE OR DISSEMINATION

OF SUCH TAX INFORMATION.

If the Court grants the motion to allow the movant to obtain access to the tax

information, the Court shall either mail a hard copy of the tax information to the

movant, or allow the movant to view the tax information at the Clerk’s office as further

ordered by this Court.

D.The debtors shall provide the trustee at least seven (7) days prior to the ﬁrst date set

for the ﬁrst meeting of creditors a copy of the most recently ﬁled tax return if such

return was ﬁled for a tax year ending within four years prior to the ﬁling of the case. If

the debtor has not ﬁled a tax return for any of the four years prior to the ﬁling of the

case, then the debtor shall advise the trustee at or before the conclusion of the ﬁrst

meeting of creditors whether, in the debtor’s opinion, the debtor was not required to

ﬁle a return for any of said four tax years. If the debtor does not provide the trustee

with a copy of the tax return for the most recent tax year because the return was not

due under applicable non-bankruptcy law as of the date it was to be provided to the

trustee, then the trustee shall announce on the record at the §341 meeting whether

the trustee desires the debtor to provide said tax return when it is ﬁled and further,

whether the trustee is holding the meeting of creditors open for the purpose of

allowing the debtor to provide said return to the trustee. If the trustee holds the

meeting of creditors open, then the trustee should announce the date of the

continued meeting of creditors.

E.In a Chapter 13 case, the debtors shall ﬁle all tax returns that they are required to

ﬁle for any tax period ending during the four-year period ending on the date of the ﬁling

of the petition even if said return is not yet due under applicable non-bankruptcy law

as of the day before the ﬁrst date set for the meeting of creditors. If the debtor has not,

and cannot reasonably ﬁle any tax return by said date, then the debtor must advise the

trustee by the day before the date set for the ﬁrst meeting of creditors and request the

trustee hold the meeting of creditors open in order to allow the debtor to ﬁle any such

unﬁled return or report. The Chapter 13 trustee shall announce at the ﬁrst meeting of

creditors if the trustee is holding the meeting open for the debtor to ﬁle any such

unﬁled return or report and shall announce the date of the continued meeting of

creditors.

F.Debtor’s Duties to Cooperate With Trustee. The debtors shall cooperate with the

trustee and shall promptly respond to all requests for documentation. If the debtor

does not believe that the debtor is required to provide any document or documents

requested by the trustee, then the debtor must request an Order of the Court to

excuse compliance with the trustee’s request.

G.Chapter 11 and Chapter 12 Status and Scheduling Conference. A Status and

Scheduling Conference shall be set and conducted in all Chapter 11 and Chapter 12

cases. The conference shall be noticed and conducted by the Court. The DIP and

counsel for the DIP shall appear at the conference prepared to answer inquiries

concerning the status of the case and anticipated plans for reorganization. After the

mailing of the §341 meeting notice by the Court, the DIP will be responsible for the

mailing of all subsequent notices and reports to interested parties unless otherwise

ordered by the Court.

RULE 4003-1.

OBJECTIONS TO EXEMPTIONS

A.Content of Objections to Exemptions. All objections to exemptions shall contain:

1.Speciﬁc identiﬁcation of the property that the debtor(s) has claimed as exempt and

to which the objection is addressed.

2.Basis for the objection, setting forth the legal and factual basis that give rise to the

objection.

B.Notice of Objections. The objecting party must provide Notice of the Objection and

Notice of Objection to Claim, Notice of Deadline to File Response and Notice of

Hearing, Local Form 20B to the debtor, debtor’s counsel, the trustee and parties in

interest that have requested notice.

C.Deadline to Object in Converted Cases. Upon conversion of an individual case, a

new deadline to object to property claimed as exempt shall be thirty (30) calendar

days after the conclusion of the post-conversion meeting of creditors or within thirty

(30) calendar days after any amendment to the list of supplemental schedule is ﬁled,

whichever is later.

RULE 4003-2.

LIEN AVOIDANCE

A.Chapter 7, 11 and 12 cases: A separate motion to avoid a lien pursuant to 11 U.S.C. §

522(f) shall be ﬁled with respect to each creditor claiming a lien on exempt

property. Motions shall comply with this Court's Local Form 4003-2 under Bankruptcy

Rule 4003(d). A motion to avoid a judicial lien on exempt real estate shall include the

full legal description of the property. The motion shall be served on affected parties in

accordance with Bankruptcy Rule 7004 for service of summons and complaint. Local

Rule 9013-1 and 9014-1 shall apply to motions to avoid lien. The moving party shall ﬁle

Local Form 420A, Notice of Motion, Notice of Deadline to File Objection and Notice of

Hearing.

B.Chapter 13 cases: Avoidance of nonpossessory, nonpurchase-money security

interests in items identiﬁed in 11 U.S.C. § 522(f)(1)(B) which impair exemptions to

which debtor(s) would be entitled under 11 U.S.C. § 522(b) shall be avoided through

the Chapter 13 plan in accordance with Local Rules 3015-1(C). Avoidance of judicial

liens pursuant to 11 U.S.C. § 522(f)(1)(A) shall be by separate motion. A motion to avoid

a judicial lien on exempt real estate shall include the full legal description of the

property. Motions shall comply with this Court's Local Form 4003-2 under Bankruptcy

Rule 4003(d). The motion shall be served on affected parties in accordance with

Bankruptcy Rule 7004 for service of summons and complaint. Local Rule 9013-1 and

9014-1 shall apply to motions to avoid lien. The moving party shall ﬁle Local Form

420A, Notice of Motion, Notice of Deadline to File Objection and Notice of Hearing.

RULE 4004-1.

DISCHARGE

A.Statement of Whether 11 U.S.C. § 522(q) is Applicable. Within twenty-one (21) days

following the ﬁling of a notice by an individual debtor in a Chapter 11 case or a trustee

in a Chapter 12 or Chapter 13 case that the debtor has paid all payments due under

the plan, or in conjunction with the ﬁling of a motion for hardship discharge in a

Chapter 12 or Chapter 13 case, the debtor shall ﬁle a statement on Local Form 40041(A) (Certiﬁcation of Compliance and Motion for Entry of Discharge) indicating

whether 11 U.S.C. § 522(q)(1) may be applicable to the debtor or if there is pending a

proceeding in which the debtor may be found guilty of a felony of the kind described in

11 U.S.C. § 522(q)(1)(A) or liable for a debt of the kind described in 11 U.S.C. §

522(q)(1)(B). Such statement shall be served upon the trustee, if any, all creditors and

all parties in interest who have requested notice.

B.Certiﬁcation of Payment of Domestic Support Obligations. If the individual debtor in

a Chapter 12 or 13 case is required by a judicial or administrative order, or by statute,

to pay any domestic support obligation, the debtor shall ﬁle a veriﬁed statement

certifying that the debtor has paid all amounts that are required to be paid under such

domestic support obligation in accordance with 11 U.S.C. §§ 1228(a) or 1328(a) on

Local Form 4004-1(A) (Certiﬁcation of Compliance and Motion for Entry of Discharge).

If the debtor is not required to pay any amounts under a domestic support obligation,

then the debtor shall ﬁle a veriﬁed statement certifying that the debtor has no such

obligations on Local Form 4004-1(A) (Certiﬁcation of Compliance and Motion for Entry

of Discharge).

1.The certiﬁcation of payment of domestic support obligations shall be ﬁled by the

debtor no earlier than the date of the last payment made under the plan or the date of

the ﬁling of a motion for entry of discharge under 11 U.S.C. §§ 1228(b) or 1328(b).

2.If the certiﬁcation of payment of domestic support obligations is not timely ﬁled, the

case may be closed without a discharge.

C.Notice of Hearing. Motion for Hardship Discharge shall be ﬁled and served with

Local Form 20D, Notice of Hearing and Fixing Time for Filing Complaint affording

creditors time to object to the debtor’s discharge. When the debtor has completed all

payments and ﬁles Debtor’s Certiﬁcation of Compliance and Motion for Entry of

Discharge, the motion shall be ﬁled and served with Local Form 20C, Notice of Motion,

Notice of Deadline to File Objections to Motion and Notice of Hearing.

RULE 4008-1.

REAFFIRMATION

A.All Reaffirmation Agreements shall substantially conform to the Administrative

Office of the U.S. Courts Director’s Procedural Form 2400A Reaffirmation Documents

or 2400C ALT Reaffirmation Agreement and Official Form 427, Cover Sheet for

Reaffirmation Agreement, and shall include the following information:

1.Mark the appropriate presumption box.

2.Include the full legal name of the creditor.

3.If the creditor is a credit union, ensure that the proper box is checked. If the creditor

is a credit union, as deﬁned in section 19(b)(1)(A)(iv) of the Federal Reserve Act

(codiﬁed at 12 U.S.C. § 461), and the debtor is represented by counsel, the Court does

not have the authority to review the agreement for undue hardship. See 11 U.S.C.§

524(m)(2).

4.Insert the amount agreed to be reaffirmed.

5.Include the interest rate in the “ANNUAL PERCENTAGE RATE” section of the

Reaffirmation Agreement.

a)Use the appropriate subpart to report the APR for ﬁxed rate credit agreements or

variable rate credit agreements.

6.Include the description of the collateral that secures the debt to be reaffirmed. If the

collateral is a vehicle, include the VIN. If the collateral is real estate, include the legal

description or the address of the property. Include the original purchase price of the

collateral or the original amount of the loan that is being reaffirmed.

7.Include the repayment schedule indicating the amount of the payment and terms

prior to the date of the bankruptcy and after the Reaffirmation and describe how any

“future payment amount” may be different, either explain the changes or attach a

copy of the note or other documentation that will show the terms of the agreement

including when and how the payments can change.

8.If the monthly payment amount is relatively ﬁxed (i.e. mortgage payments including

property tax and insurance escrow amounts), include the amount and include the

total number of payments.

9.Brieﬂy describe the credit agreement or attach a copy.

10.If any terms of the Reaffirmation Agreement have been renegotiated, describe the

changes to the credit agreement.

11.All parties reaffirming the agreement should sign the Reaffirmation Agreement. If

only one debtor has an obligation on the underlying debt, a joint debtor should not be

a party to the agreement. The agreement must also be signed and dated by the

creditor. If only one debtor is a party to the agreement, and the case is a joint case,

there must be attached documentation to show that only one debtor has an obligation

to the debt.

12.If the debtor is represented by counsel during the course of negotiating the

agreement, counsel shall sign the Reaffirmation Agreement and check the box, if a

presumption of undue hardship has been established and the debtor is able to make

the required payment. The attorney’s signature on the Reaffirmation Agreement

indicates that the attorney represented the debtor during the course of negotiating the

agreement.

13.The debtor’s present income and expenses should be used when completing Part

II. If the debtor has surrendered property or reduced expenses, subtract those

changes from Schedule J expenses to arrive at present expenses. If the debtor listed

the debt being reaffirmed as an expense on Schedule J, subtract that expense from

Schedule J expenses to arrive at present expenses.

14.If the debtor’s present income and expenses differ from those shown on Schedules

I and J, it is essential to explain those changes. Without an explanation for any

changes in income and expense, it is impossible for the Court to determine whether a

presumption of undue hardship exists or to evaluate the impact of reaffirmation of the

debt on the debtor. PROVIDING A DETAILED EXPLANATION OF HOW THE DEBTOR CAN

AFFORD TO MAKE THE REQUIRED PAYMENTS IS THE SINGLE MOST IMPORTANT

FACTOR DETERMINING IF UNDUE HARDSHIP EXISTS.

15.The debtor(s) must sign and date the statement in support of the reaffirmation

agreement. This is a veriﬁcation that the debtor has received information regarding

rescission of the reaffirmation agreement.

B.All reaffirmation agreements must be ﬁled no later than sixty (60) days after the ﬁrst

date set for the meeting of creditors to be enforceable. Any reaffirmation agreement

ﬁled after the 60th day is rendered unenforceable, unless a timely Motion to Delay the

Discharge or Enlarge the Time to File a Reaffirmation Agreement is ﬁled by the debtor,

using the proper event code in order for the discharge to be delayed to allow a

reaffirmation to be ﬁled.

C.At any time before the Court enters a discharge or before the expiration of the sixty

(60) day period that begins on the date the reaffirmation agreement is ﬁled with the

Court, whichever occurs later, the debtor has the right to rescind or cancel the

reaffirmation agreement. The debtor shall notify the creditor in writing that the

reaffirmation agreement is rescinded or canceled in order to cancel the agreement.

The debtor may use Local Form 4008-1(C) for this creditor notiﬁcation.

D.If a presumption of hardship is established, the debtor signs a motion for court

approval, or the debtor is not represented by counsel during the course of the

negotiating of the Reaffirmation Agreement, the debtor and any joint debtor that has

an obligation on the Reaffirmation Agreement shall appear at a Reaffirmation hearing.

PART V

COURTS AND CLERKS

RULE 5001-1.

COURT ADMINISTRATION

A.Multi-Court Voice Case Information System (MVCIS). The United States Bankruptcy

Court for the Eastern District of Oklahoma provides Case Information via automated

Telephone system known as VCIS (Voice Case Information System).

In 2011, the court joined (MCVIS) Multi-Court VCIS along with many other Bankruptcy

Courts across the country to provide a more cost efficient model for the federal

judiciary. Multi-Court VCIS works the same way VCIS did. The phone number was

changed to a shared pool number 1-866-222-8029. Voice recognition will be added

soon.

Dial 1-866-222-8029

The MVCIS is available for use twenty-four hours a day, seven (7) days a week.

B.Public Access to Court Electronic Records (PACER). This system allows viewing or

downloading of docket sheets and claims registers, listing of cases ﬁled the previous

day and searches for basic case information, such as case number, debtors name,

ﬁling date and chapter under which relief is sought. Following are requirements

needed to access the system:

Computer - Capable of running a web browser;

Internet Access;

Printer;

Web Browser - Compatible with Netscape 4.x and above or Internet Explorer 5.x and

above. However, it is recommended to use the most recent version of any browser.

Mozilla and Firefox are also compatible with PACER;

The PACER system is available twenty-four hours a day, seven (7) days a week.

The PACER login screen is protected by the secure SSL Web server. Software on the

page encrypts and protects customer information as it is sent across the Internet.

For PACER registration and cost information call 1-800-676-6856. A link to the PACER

manual is available at http:\\pacer.uscourts.gov/documents/pacermanual.pdf

C.File Searches. Telephone requests are accepted for basic information contained on

the Court CM/ECF system. More involved requests shall be in writing or in person and

may require a fee pursuant to 28 U.S.C. § 1930. Extensive searches shall not be

performed by the Clerk’s Office.

RULE 5001-2.

CLERK - OFFICE LOCATION/HOURS

A.Location of the Court. The Bankruptcy Court is located in the U.S. Post Office and

Courthouse Building at 101 N. 5th Street in Muskogee, Oklahoma. This is the address

that should be used for all deliveries.

B.Correspondence. All correspondence shall be addressed to:

Clerk of the Court

U.S. Bankruptcy Court

P.O. Box 1888

Muskogee, Oklahoma 74402

C.Business Hours. Business and telephone hours are from 8:30 a.m. to 4:30 p.m. on all

days except Saturdays, Sundays and legal holidays.

D.Electronic Filings Access. Court ﬁlings are accepted 24 hours a day, seven (7) days a

week.

E.Telephone and FAX Numbers. The Clerk’s Office may be reached at the following

telephone and FAX numbers:

(918) 549-7200 - Clerk’s number

(918) 549-7248 - FAX number

F.Website. This Court maintains a public website, which contains extensive

information beneﬁcial to the public www.okeb.uscourts.gov.

RULE 5003-1.

CLERK - GENERAL

A.Exhibits. Exhibits admitted in any hearing and held by the Clerk shall be disposed of

by the Clerk after all appeal deadlines have expired without notice to parties. See also

Local Rule 9017-2(B).

B.Stipulation to Custody of Exhibits by Counsel. Parties participating in an evidentiary

hearing shall stipulate (1) that counsel for the party who introduces exhibits into

evidence at the hearing shall maintain custody of the original exhibits; (2) that counsel

maintaining custody of the original exhibits shall insure the integrity and availability of

the exhibits until ninety (90) days after the case or adversary proceeding is closed; and

(3) that counsel maintaining custody of the original exhibits shall tender them to the

Clerk in their original form in the event that counsel can no longer maintain custody,

integrity, or availability of the exhibits (i.e., change in location, retirement from

practice, etc.). A written stipulation shall be signed by counsel for all parties

participating in the hearing, approved by the Court, and ﬁled in the case or adversary

proceeding. A list of all exhibits offered by each party participating in the hearing shall

be attached to the stipulation prior to ﬁling.

C.Official Mailing List (Matrix). The Clerk shall maintain the Official Matrix and update

as necessary, and may order the attorney of record for the debtor to update as

necessary, the Matrix for each bankruptcy case, which shall include: (1) the name and

address of the debtor, the debtor’s counsel, the trustee, the United States Trustee,

and any members of any official committee appointed in the case, and its counsel; (2)

the names and addresses of all persons or entities on the Creditor List as it may be

amended [see Local Rule 1007-I [Interim]-1(E)]; (3) the names and addresses of all

persons or entities on the Equity Security Holders List as it may be amended [see

Local Rule 1007-I [Interim]-1(D)], if applicable; (4) the name and address of all persons

or entities who ﬁle an entry of appearance and request for notice in the case; (5) the

name and address of creditors who ﬁle a Proof of Claim in the case; and (6) the name

and address of interest holders who ﬁle a Proof of Interest in the case. This listing shall

be known as the Official Mailing List and the Matrix.

D.Redaction of Transcripts. In compliance with the policy on electronic availability of

transcripts, access to every electronic transcript ﬁled with the Court will initially be

restricted to Court users. The transcript will be available at the office of the Clerk of

the Court, for inspection only, for ninety (90) days to allow interested parties the

opportunity to review the transcript and ﬁle a request for redaction, requesting that

personal data identiﬁers be redacted prior to the transcript being made available to

the public electronically. It is the responsibility of the parties to monitor the docket for

the ﬁling of the transcript. When a transcript is ﬁled, it is the responsibility of

attorneys and pro se parties who attended the hearing to review the transcript for

redaction. The scope of an attorney’s or pro se party’s responsibility includes review

of the following portions of a transcript:

•

opening and closing statements made on the party’s behalf;

•

statement of the party;

•

the testimony of any witnesses called by the party; and

•

any other portion of the transcript as ordered by the Court.

If only part of the transcript is ﬁled, an attorney or pro se party is not responsible for

reviewing other parts of the proceeding.

During the 90-day restriction period, the transcript and any redacted versions will not

be available via remote electronic access except that an attorney who purchases the

transcript during the 90-day period will be given remote electronic access to the

transcript and any redacted version ﬁled. PACER charges will be incurred each time

the transcript is accessed via CM/ECF even when the attorney has purchased the

transcript and the 30 page cap for PACER fees does not apply. Members of the general

public, including pro se parties who purchase the transcript, will not be given remote

electronic access to the transcript or any redacted version ﬁled during the 90-day

period.

Within seven (7) days of the ﬁling by the Court reporter/transcriber of the transcript

with the Clerk’s office, each party shall inform the Court, by ﬁling a Notice of

Redaction with the Clerk, of the party’s intent to redact personal data identiﬁers from

the electronic transcript of the Court proceeding. Such personal data identiﬁers

include:

•

Social security numbers

•

Financial account numbers

•

Names of minor children

•

Dates of birth

•

Home addresses of the individuals

If no such notice is ﬁled within the allotted time, the Court will assume redaction of

personal data identiﬁers from the transcript is not necessary and the transcript will be

made electronically available on the ninety-ﬁrst business day.

If a timely Notice of Redaction is ﬁled by any party following the ﬁling of the transcript

with the Clerk’s office, the unredacted version of the transcript is not to be made

remotely electronically available to the general public until the redaction occurs.

Within twenty-one (21) calendar days of the ﬁling of the transcript, or longer if the

Court so orders, the parties shall serve a request to the Court reporter/transcriber, the

request shall indicate the location of the personal data identiﬁers in the transcript by

including the page and paragraph or line where the personal data identiﬁers are

located. The Court reporter/transcriber shall partially redact these personal data

identiﬁers from the electronic transcript as follows:

•

Social security numbers to the last four digits

•

Financial account numbers to the last four digits

•

Names of minor children to the initials

•

Dates of birth to the year

•

Home addresses of the individuals to the city and state

During the twenty-one (21) day period, or longer if the Court so orders, attorneys may

ﬁle a Motion for Protective Order pursuant to Bankruptcy Rule 9037(d) with the Court

for any additional redactions to the transcripts. Once a Notice of Redaction is ﬁled,

the transcriber has thirty-one (31) days from the date of ﬁling of the transcript to ﬁle a

redacted transcript. After the redacted transcript is ﬁled, the unredacted transcript

shall not be disseminated by any party and is permanently restricted pursuant to

Bankruptcy Rule 9037(e).

RULE 5005-1.

FILING REQUIREMENTS

A.Electronic Filing. All documents submitted to the Clerk for ﬁling, regardless of

where or when the case or proceeding was originally commenced, shall be ﬁled

electronically pursuant to these Local Rules and the CM/ECF Administrative

Procedures. The foregoing shall not apply to: (1) documents ﬁled by a pro se party; (2)

proofs of claim or interest ﬁled by the claimant or interest holder; or (3) reaffirmation

agreements. See also Local Rule 3002-1(A). If paper documents are ﬁled, the Clerk

shall scan and upload the images to the CM/ECF System. Documents described in

subsection (2) and (3) above may be ﬁled electronically. The electronic ﬁling of a

pleading or other paper in accordance with these Local Rules and the CM/ECF

Administrative Procedures shall constitute entry of that pleading or other paper on the

docket kept by the Clerk under Bankruptcy Rule 5003. Any additional exceptions to

this Rule shall be granted by speciﬁc order of this Court under extraordinary

circumstances and requires a motion be ﬁled with the Court outlining the basis of the

request of the exception. The Court may direct the party to obtain limited user status

and ﬁle electronically. See Local Rule 5005-1(C).

B.Filing Fee. Any document presented for ﬁling without proper provision for payment

of the ﬁling fee may not be accepted for ﬁling by the clerk. If a ﬁling fee is not paid on

the calendar date that a pleading is electronically ﬁled, the pleading may be stricken.

Any fee not timely paid may result in the attorney being denied access to the CM/ECF

system until fees are paid. See Local Rules 5080-1 and 5081-1(A) and (B).

C.Registration. Each attorney must register with the Court in accordance with the

procedures set forth in the CM/ECF Administrative Guide in order to ﬁle pleadings and

documents electronically. Registered participants of the CM/ECF System shall be

responsible for maintaining current registration information on the CM/ECF System,

e.g., mailing addresses, email addresses, etc. See Local Form 5005-1(C)(1) Electronic

Case Filing System Registration for Full ECF Participants, Training Waiver Form or

Limited Use Password.

D.Conversion; Amendment to Creditor List; Fee. In a Chapter 11, 12, or 13 case that is

converted to a case under Chapter 7, no ﬁling fee shall be required for ﬁling the

amendment to the Creditor List required by Local Rule 1019-1 (A) if the amendment is

ﬁled within fourteen (14) days following the entry of the order converting case or

notice of conversion. The debtor shall give notice in compliance with Local Rule 10091(D).

E.Certiﬁcate of Mailing of a Document. The Notice of Electronic Filing created by the

CM/ECF System serves as the Certiﬁcate of Mailing of a document whether the

original document was ﬁled electronically or in paper format.

1.If all parties who are entitled to receive notice are served by the CM/ECF System, no

separate Certiﬁcate of Mailing is necessary.

2.For parties not listed on the Notice of Electronic Filing who are entitled to receive

notice and parties who are entitled to service pursuant to Bankruptcy Rule 9014(b)

and/or 7004, the party serving notice shall either include a Certiﬁcate of Mailing in the

document certifying the date of service, the manner of service, and the names and

addresses of the persons and entities served or ﬁle a separate signed Certiﬁcate of

Mailing, Local Form 2002-1(E) containing the same information. If a separate

Certiﬁcate of Mailing is ﬁled electronically, the Certiﬁcate of Mailing shall speciﬁcally

identify the document served and the docket entry shall relate the Certiﬁcate of

Mailing to the document served by docket number. If the Certiﬁcate of Mailing is ﬁled

in paper form, the following must be attached: (1) a copy of the ﬁrst page of the

document served and (2) a copy of the ﬁrst page of the Notice of Electronic Filing of

the document. See also Local Rule 2002-1(E).

F.Privacy. A party ﬁling a document shall redact the following personal data identiﬁers

appearing in pleadings or other papers ﬁled with the Court: names of minor children

(use minors’ initials); all but the last four digits of any bank, savings or similar ﬁnancial

account numbers; all but the last four digits of any social security number; and all

birth date information except the year. The responsibility for redacting personal

identiﬁers rests solely with the ﬁling party. THE CLERK WILL NOT REVIEW

DOCUMENTS FOR COMPLIANCE WITH THIS RULE, SEAL DOCUMENTS CONTAINING

PERSONAL DATA IDENTIFIERS WITHOUT A COURT ORDER, OR REDACT SUCH

INFORMATION FROM DOCUMENTS.

G.Sealed Documents. Documents to be placed under seal should be ﬁled

electronically by using the event “Sealed Document”. The documents will be ﬁled,

sealed and unavailable to public viewing. The ﬁling party must ﬁle

contemporaneously with the sealed document a Motion to Seal Document from Public

Access. If the Motion to Seal Document from Public Access is granted, the related

documents will remain under seal and be maintained by the Clerk’s Office as a

“Sealed Document” until further order of the Court. The Order of the Court authorizing

the ﬁling of such documents under seal will be entered electronically by the Clerk’s

Office. If the documents are sensitive in nature and should only be seen by judicial

personnel, the ﬁler should call the Court prior to ﬁling. If the motion is denied, the

documents under seal will be made viewable to the public by the Court and will no

longer be under seal.

RULE 5007-1. INTERPRETERS; SERVICES FOR PERSONS WITH COMMUNICATIONS

DISABILITIES

Except for proceedings initiated by the United States or for those persons with

communications disabilities, the Court shall not provide interpreters or other

accommodation. There is no requirement that an interpreter provided by any party be

federally certiﬁed. Persons with communications disabilities needing interpretation

services may contact the Clerk of Court for information on obtaining such services.

RULE 5010-1.

REOPENING CASES

A.Notice. All motions to reopen a case, Local Form 5010-1(A), must be accompanied

by Local Form 20A, Notice of Motion, Notice of Deadline to File Objections and Notice

of Hearing, as set forth in Local Rule 9013-1(B) and a proposed order in compliance

with Local Rule 9072-1(A).

B.Fees. A motion to reopen a case must be accompanied by the ﬁling fee in effect at

the time of ﬁling, unless the case is being reopened to correct an administrative error

or for actions affecting the discharge of the debtor, or unless the motion is being ﬁled

by a trustee and a separate application for deferral of payment of fee until assets are

recovered from the estate is ﬁled along with the motion.

C.Reopening to Add a Creditor or File an Adversary Complaint. In a no-asset individual

Chapter 7 case, a motion to reopen a case to add an omitted creditor must be

accompanied by a proposed order conforming to the Local Form 5010-1(C), “Order

Reopening Case to Add Omitted Creditor or File an Adversary Complaint”. No trustee

shall be appointed. If the debtor fails to timely comply with the order, the case shall be

closed without further notice. If the debtor fails to ﬁle an adversary complaint, the fee

for reopening the case must be paid to the Clerk of Court.

D.Reopening to Administer Additional Assets. In a Chapter 7 case, a motion to reopen

a case to administer additional assets and proposed order, Local Form 5010-1(D) may

be ﬁled without a reopening fee only if the motion is ﬁled by the trustee and the

trustee ﬁles a separate application for deferral of the fee pending recovery of assets,

along with the motion to reopen. The ﬁling fee shall be paid from any assets

recovered.

E.Reopening to Correct Social Security Number or other Individual Taxpayer

Identiﬁcation Number of Debtor. A motion to reopen a case to correct the social

security number or other individual taxpayer identiﬁcation number of the debtor must

be accompanied by the required reopening fee and must comply with the provisions of

Local Rule 1009-1(G) and (H)

F.Reopening Case to Avoid a Judicial Lien. A motion to reopen case to avoid judicial

lien and a proposed order Local Form 5010-1(F) must be accompanied by the fee

required by subdivision (A) of this rule. The motion to reopen must comply with Local

Rule 4003-2, and must be served in accordance with Bankruptcy Rule 7004 (b)(3) and

(h) using the Local Form 20A, Notice of Motion, Notice of Deadline to File Objections

and Notice of Hearing, procedures set forth in Local Rule 9013-1(B). Upon expiration of

appeal time of the order on the motion to avoid judicial lien, the case shall be reclosed

without further order of the Court.

G.Reopening Case to File Official Form 423 “Certiﬁcation of Completion of Financial

Management Course.” If the certiﬁcate of completion of the required ﬁnancial

management course is not ﬁled by the time the case is administratively ready for

closing, the case shall be closed without entry of the discharge. If the debtor

subsequently completes the requirement, the debtor may ﬁle the certiﬁcate

accompanied by a motion to reopen the case to request entry of discharge along with

payment of the required reopening fee.

H.Reopening Case to File Required Local Forms for Issuance of Discharge. In Chapter

7, 12 or 13 cases closed without entry of a discharge under Bankruptcy Rule 4004, for

failure to comply with certiﬁcation and statement requirements, the debtor may seek

to reopen a case for the purposes of obtaining a discharge upon the payment of any

required reopening fee and the ﬁling and service of the forms required under

Bankruptcy Rule 4004.

I.Motion to Reopen for Chapter 11 Discharge. See Local Rule 3022-1.

RULE 5011-1.

WITHDRAWAL OF REFERENCE

A.A motion for withdrawal of a case or proceeding, in whole or in part, pursuant to

Bankruptcy Rule 5011(a), and responses thereto shall be ﬁled with the Clerk of the

Bankruptcy Court in accordance with U. S. District Court Eastern District of Oklahoma

LCvR 84.1.

B.Unless otherwise ordered by the Court, a motion for withdrawal shall not toll,

suspend, or otherwise change the time period for ﬁling responsive pleadings or

motions in pending matters.

C.A Notice of Motion in Compliance with this Court’s Local Form 20 for use with

motions to withdraw the reference shall be served on all interested parties.

D.Responses to the Motion to Withdraw the Reference shall be ﬁled within the time

set forth in the Court’s motion procedure, which is stated in the Court’s Local Form 20

for use with motions to withdraw the reference.

E.Parties shall ﬁle responses to the reported recommendation in manner prescribed

in the Court’s Report and Recommendation.

RULE 5011-2.

ABSTENTION

Unless otherwise ordered by the Court, a motion for abstention shall not toll,

suspend, or otherwise change the time period for ﬁling responsive pleadings or

motions in pending matters.

RULE 5080-1.

FEES - GENERAL

All fees must be paid on the calendar day on which the transaction requiring a fee

occurs. If a ﬁling fee is not timely paid, the pleading or document may be stricken

without further notice or a hearing. Any document presented for paper ﬁling without

proper provision for payment of the ﬁling fee may not be accepted for ﬁling by the

Clerk. If any fee is not timely paid, the ﬁling party shall be denied access to the

CM/ECF System until all fees due have been paid.

RULE 5081-1.

FEES - FORM OF PAYMENT

A.Payment from Pro Se Filers (And Other Filers Exempted or Suspended from Credit

Card Payment). Fees or other charges to be paid to the clerk, and any deposits to be

deposited with the clerk, must be tendered in one of the following forms:

1.U.S. legal currency if presented in person only, (cash may not be remitted by mail);

2.Check, cashier’s check or money order in United States funds made payable to

“Clerk, United States Court”. Only checks drawn on attorney’s trust or operating

account (unless the maker is a debtor in a bankruptcy case), on an account of the

trustee appointed to the case for which the payment is remitted, or on any United

States, state or local government account, will be accepted for payment of ﬁling fees.

The clerk will accept a personal or business check for payment of copy, certiﬁcation

or research fees, upon presentation of an official government issued photo

identiﬁcation card of the person who is presenting the check. The clerk will not accept

personal checks from the debtor until such case is closed. The clerk reserves the right

to rescind or amend this policy of acceptance of personal checks without further

notice. Payments must be remitted in the exact amount due for the fee owed. No

change will be provided for cash, money order, check or other payment remittances.

B.Payments From Registered Users of CM/ECF.

1.Payment by Debit or Credit Card Required. Registered users (other than case

trustees, government agencies and other entities which are speciﬁcally exempted by

the Court or registered users with suspended accounts) must use the CM/ECF credit

card module to pay fees for documents ﬁled in CM/ECF.

2.Payment Deadline. Sanctions. The registered user must pay any and all fees for

CM/ECF transactions on the date ﬁled. Failing to do so will cause the registered user’s

electronic ﬁling privileges to be suspended and may result in a bankruptcy petition

being dismissed, the document being stricken, or sanctions being imposed. See also

Local Rules 5005-1 and 5080-1.

C.NSF Checks. If any check is returned for insufficient funds or other valid reason by

the depository upon which drawn, a returned check fee will be assessed and the clerk

may thereafter require cash, cashier’s check, or money order from the payor.

PART VI COLLECTION AND LIQUIDATION OF THE ESTATE

RULE 6004-1.

SALE OF ESTATE PROPERTY

A.Notice of Use, Sale, or Lease of Property Not in the Ordinary Course of Business.

1.Local Rule 9013-1 does not apply to a notice of proposed use, sale, or lease of

property made pursuant to Bankruptcy Rule 6004(a).

2.The notice of proposed use, sale, or lease of property not in the ordinary course of

business shall include the information set forth in Bankruptcy Rule 2002(c)(1). If a date

of the proposed action is included in the notice, the notice shall also include the

following statement in a separate paragraph: “Objections to the proposed action [use,

sale, lease] of the above-described property must be ﬁled and served not less than

seven (7) days before the date set for the proposed action. If no objection is timely

ﬁled or served, the proposed action may be taken without further notice or hearing.”

The notice of proposed use, sale, or lease of property not in the ordinary course of

business shall be served in accordance with Bankruptcy Rule 6004(a) and, if

applicable, Bankruptcy Rule 2002(d)(3).

B.Sale Free and Clear of Liens and Other Interests.

1.Local Rule 9013-1 does not apply to a motion for authority to sell personal property

free and clear of liens and other interests made pursuant to Bankruptcy Rule 6004(c)

or to objections thereto. The motion shall be accompanied by a separate Local Form

20A, Notice of Deadline to File Objections and Notice of Hearing required by

Bankruptcy Rules 6004(a), 2002(c)(1) and 6004(c). If no objection is timely ﬁled or

served, the Court may strike the hearing and grant the requested relief without further

notice or a hearing.

2.Local Rule 9013-1 does apply to a motion for authority to sell real property free and

clear of liens and other interests made pursuant to Bankruptcy Rule 6004(c) or to

objections thereto. The motion shall be accompanied by a separate Local Form 20C,

Notice of Motion, Notice of Deadline to File Objections and Notice of Hearing required

by Bankruptcy Rules 6004(a) and (c) and 2002(c)(1). A hearing will be held even if no

objection is timely ﬁled.

3.The notice shall be served pursuant to Bankruptcy Rule 6004(a) and (c), and, if

applicable, Bankruptcy Rule 2002(d)(3). Service of the motion and the notice shall be

accomplished the same date as the ﬁling of the motion and notice, and any certiﬁcate

of service shall be ﬁled the same date. See Local Rule 2002-1(E).

RULE 6006-1.

EXECUTORY CONTRACTS

Notice of a motion to assume, assume and assign, or reject an executory contract or

unexpired lease, or notice of a motion to require the trustee or DIP to assume, assume

and assign, or reject an executory contract or unexpired lease shall be given by the

moving party to parties identiﬁed in Bankruptcy Rule 6006(c) and to the debtor, the

trustee, any committee appointed under 11 U.S.C. §§ 705 or 1102, counsel for each of

the foregoing, all entities known by the trustee or the DIP to assert or claim a lien or

other interest in the contract or lease, and all parties in interest who have requested

notice in the case. Local Form 20A, Notice of Motion, Notice of Deadline to File

Objections and Notice of Hearing shall be used as notice when a motion under this

Rule is ﬁled. If assumption of a contract or lease under which there has been a default

is proposed, the motion shall describe the default and proposed method of satisfying

the provisions of 11 U.S.C. § 365(b).

RULE 6007-1.

ABANDONMENT

A.Service of Notice of Intent to Abandon.

1.Property with an estimated gross value of $1,000 or less may be abandoned by a

trustee or DIP after ﬁling a report of intent to abandon with the Court, and without any

other notice or hearing.

2.Notice by the trustee or DIP of a proposed abandonment of property with an

estimated gross value greater than $1,000 shall be in accordance with Bankruptcy

Rule 6007(a) and Local Rules 2002-1(E) and 9013-1(B)).

B.Motion by Party in Interest. Movant shall give notice of the motion to the trustee or

DIP and to parties identiﬁed in Bankruptcy Rule 6007(a). See Local Rule 9013-1(B).

C.Objections. The time to ﬁle and serve an objection to a motion ﬁled under

Bankruptcy Rule 6007(a) or (b) shall be set forth on Local Form 20A, Notice of Motion,

Notice of Deadline to File Objection and Notice of Hearing. See Local Rule 9013-1(B).

RULE 6008-1.

REDEMPTION

Notice of a motion for redemption of property from a lien or sale shall be given to the

debtor, debtor’s counsel, trustee, United States Trustee, any parties affected by the

motion or having an interest in the property affected by the motion, and all parties in

interest who have requested notice in the case. The time to ﬁle an objection or

response to the motion shall be set forth on Local Form 20A, Notice of Motion, Notice

of Deadline to File Objection to Motion and Notice of Hearing as prescribed by

Bankruptcy Rule 9006(f). See Local Rule 9013-1(B).

PART VI I ADVERSARY PROCEEDINGS

RULE 7001-1.

ADVERSARY PROCEEDING - GENERAL

A.An adversary proceeding is commenced by ﬁling a complaint in compliance with

Official Form 416D and appropriate ﬁling fee set forth in 28 U.S.C. §1930.

B.The parties shall comply with the Court's Instructions Governing Adversary

Proceedings, Local Form 7001-1(B), and shall be required to comply with the

provisions contained therein.

C.A scheduling conference shall be conducted by the Court to set forth deadlines and

discuss preliminary issues with regard to the pending adversary. The scheduling

conference will be held telephonically unless otherwise ordered by the Court. The

Clerk shall send the notice of the scheduling conference to all parties.

D.Counsel for the parties shall conduct a Rule 26(f) conference in person or by

telephone. Counsel for the plaintiff shall initiate the conference and all counsel shall

participate in arranging the conference at a mutually agreeable place and time. All

counsel shall be prepared to discuss the issues set forth in Rule 26(f) and suggest a

discovery plan and exchange information and documentation required by Rule 26(a)(1)

of the Federal Rules of Civil Procedure. A Report of Parties’ Rule 26(f) Conference

should be ﬁled on Local Form 7001-1(D).

RULE 7004-1.

SERVICE OF PROCESS

A.The Certiﬁcate of Service of a pleading upon a domestic or foreign corporation, a

partnership, or other unincorporated association pursuant to Bankruptcy Rule

7004(b)(3) or upon an insured depository institution pursuant to Bankruptcy Rule

7004(h) must identify the individual to whom service was addressed by name and/or

title.

B.The Certiﬁcate of Service of a pleading upon an insured depository institution

pursuant to Bankruptcy Rule 7004(h) shall indicate:

1.That such entity is an insured depository institution;

2.Whether the institution has appeared by its attorney in the bankruptcy case; and

3.Manner of service.

C.If a party is served at the address designated by the party in its proof of claim as the

address where notices should be sent, the Certiﬁcate of Service shall so indicate.

D.When serving a summons and complaint on a debtor pursuant to Bankruptcy Rule

7004(b)(9) and 7004(g), service shall also be made on the attorney representing the

debtor in the main bankruptcy case, regardless of whether the attorney has or intends

to enter an appearance in the adversary proceeding.

RULE 7004-2.

SUMMONS

A.The Clerk shall issue a summons after an adversary complaint is ﬁled.

B.If the Complaint is ﬁled through the CM/ECF System, the issued Summons is

contained as a hyperlink on the Docket Sheet for the ﬁling attorney to complete and

serve. Service of a Summons and a Complaint shall be made pursuant to Bankruptcy

Rule 7004. Local Form 7004-2(B) Certiﬁcate of Service, shall be attached to the

Summons and Complaint and ﬁled as an executed Return of Service.

C.In the case of service upon the United States, in addition to the requirements of

Bankruptcy Rule 7004(b)(4), if a summons is directed to an agency, department, or

instrumentality of the United States, a copy of the summons and complaint shall also

be served on the agency, department, or instrumentality at the address speciﬁed on

the list maintained by the Clerk in accordance with Local Rule 1007-I [Interim]-1(L).

D.A summons and complaint should be served within seven (7) days after the

summons is issued. If a summons is not timely served, the plaintiff should request

that an alias summons be issued to be served in compliance with Bankruptcy Rule

7004 by docketing the event Request for Issuance of Alias Summons.

RULE 7005-1.

CERTIFICATE OF SERVICE (ADVERSARY PROCEEDINGS)

A.See Local Rules 5005-1(E) and 2002-1(E)

B.Service under Bankruptcy Rule 7005 for any paper ﬁled after the Adversary

Complaint may be accomplished by electronic means through the CM/ECF System

upon those persons who have registered in the CM/ECF System. See also Local Rule

9036-1.

RULE 7005-2.

FILING OF DISCOVERY MATERIALS

Requests for oral depositions, interrogatories, requests for production of documents,

requests for admissions, and answers and responses thereto shall be served on all

parties to the adversary proceeding, but shall not be ﬁled unless so ordered by the

Court or attached to a pleading for use in the proceeding. If Court intervention is

sought concerning any discovery matter, copies of the portions of the discovery

material at issue shall be attached as exhibits to the discovery motion. Copies of

relevant discovery materials may also be ﬁled in a like manner in connection with any

response to a discovery motion.

RULE 7007-1.

MOTION PRACTICE (ADVERSARY PROCEEDINGS)

A.Notice of Motion. All motions in adversary proceedings must be accompanied by

Local Form 20A, for adversary proceedings, Notice of Motion, Notice of Deadline to

File Objection to Motion and Notice of Hearing, as set forth in Local Rule 9013-1(B) and

a proposed order in compliance with Local Rule 9072-1(A) with the exception of

motions under Local Rule 7056-1.

B.Briefs. Except for those motions enumerated in paragraph (C) of this rule, each

motion, application, or objection ﬁled in an adversary proceeding shall include, or be

accompanied by, a concise brief, not exceeding twenty (20) pages in length, exclusive

of attachments or appendices. A brief in opposition, not exceeding twenty (20) pages

in length, exclusive of attachments or appendices, if ﬁled, shall be ﬁled within

fourteen (14) days after the ﬁling of the original motion, application, or objection, and

a reply brief to the brief in opposition, not exceeding ten (10) pages in length, exclusive

of attachments or appendices, if ﬁled, shall be ﬁled within fourteen (14) days after

ﬁling of the brief in opposition. No other briefs shall be permitted without leave of

Court. The failure to ﬁle a brief with a motion, or failure to ﬁle a response brief or reply

brief within the time parameters set forth herein shall constitute consent that the

Court may rule without further notice on the pleadings timely submitted.

C.Motions Not Requiring Briefs. No brief is required by either movant or respondent in

connection with the following motions ﬁled in an adversary proceeding:

1.To extend the time for the performance of an action required or allowed to be done, if

the request is made before the expiration of the period originally prescribed, or as

extended by previous orders;

2.To continue a pretrial, status, or scheduling conference, a hearing, or the trial of an

action;

3.To amend pleadings;

4.To ﬁle supplemental pleadings;

5.For substitution of parties;

6.To name additional parties; and

7.To stay proceedings to enforce a judgment.

The motions set forth above shall contain a statement that opposing counsel has been

consulted regarding the requested relief and that the opposing party either consents

or objects.

D.Motions for Summary Judgment. See Local Rule 7056-1 for additional requirements

in connection with the form of motions for summary judgment and briefs in support

and opposition thereto.

RULE 7007.1-1

CORPORATE OWNERSHIP STATEMENT

Any corporation, other than a governmental unit, that is a party to an adversary

proceeding shall complete and ﬁle Local Form 7007.1-1, identifying all publicly held

corporations, other than a governmental unit, that directly or indirectly own ten

percent (10%) or more of any class of the corporation’s equity interest, or stating that

there are no such entities to report. The corporate ownership statement shall be ﬁled

concurrently with the ﬁrst pleading ﬁled by a corporate entity in the proceeding. A

supplemental corporate ownership statement shall be ﬁled promptly to reﬂect any

change in the information that is required to be disclosed. See also Local Rule 90141(B) regarding participants in contested matters.

This Rule further requires that membership interests in limited liability companies and

similar entities that fall under the deﬁnition of a corporation in Bankruptcy Code § 101

also be included in the disclosure statement.

In addition, the Court also directs all parties to address any corporate ownership

issues at the scheduling conference held before this Court.

RULE 7010-1.

FORM OF PLEADINGS

See Local Rules 9004-1 and 9004-2.

RULE 7012-1.

RESPONSIVE PLEADINGS

Extensions of Time. Requests for extension of time shall contain a statement that

counsel for opposing or adverse party has been consulted regarding the requested

extension and that the opposing counsel or adverse party either consents or objects.

RULE 7016-1.

PRETRIAL PROCEDURES

A.Witness and Exhibit Lists. Fourteen (14) days after the Scheduling Conference, all

counsel shall exchange in writing preliminary Witness and Exhibit lists for the purpose

of aiding discovery. This list shall not be a ﬁnal statement of evidence to be presented

at trial, but should be exchanged in good faith. The list of witnesses shall contain the

name and address of each witness with a brief summary of anticipated testimony. The

list of exhibits shall state each exhibit with speciﬁcity, identify the exhibit to be

introduced into evidence at trial and a brief description of the intended purpose for its

introduction. These lists shall not be ﬁled with the Court. Fourteen (14) days prior to

the pretrial conference counsel shall exchange ﬁnal witnesses and exhibits lists.

These lists shall not be ﬁled with the Court.

B.Exhibits. Fourteen (14) days prior to the pretrial conference, counsel shall exchange

copies of all exhibits anticipated for use at trial. Seven (7) days prior to the trial,

counsel shall provide two (2) sets of exhibits to the Judge. Plaintiff’s exhibits shall be

marked numerically. Defendant’s exhibits shall be marked alphabetically. Exhibits

should not be ﬁled with the Court, unless designated for appeal. See Local Rule 80061(B). During the trial, copies of the exhibits shall be provided to the Court Recording

Deputy after they are admitted into evidence. Counsel should not submit original

exhibits to the Court as they will not be returned. Counsel is responsible for ensuring

that the record is complete by providing the Court Recording Deputy with all admitted

exhibits before conclusion of the trial.

C.Pretrial Order. Seven (7) days prior to the pretrial conference counsel shall

electronically submit a pretrial order in compliance with Local Rule 9072-1. Unless

the Court orders otherwise, the plaintiff shall prepare the initial draft of a proposed

pretrial order. The order shall contain the information on and substantially conform to

Local Form 9072-1(C). Local Forms 9017-1 and 9017-2 for witness and exhibit lists must

be attached to the pretrial order. shall be the product of cooperation between and

among the parties and shall be signed by all parties as an agreed pretrial order unless

otherwise directed by the Court. The pretrial order will control the course of the trial

and may not be amended without the authorization of the Court.

D.PreTrial Conference. The pretrial conference shall include discussion of all issues

between the parties and preparation of the case for trial. Counsel for the plaintiff and

defendant and any pro se litigants who will conduct the trial shall attend the pretrial

conference. The Court will also set a trial date.

E.Non-Compliance. Failure to attend a pretrial conference or failure to comply with

the instructions governing adversary procedures contained in the order sett

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