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Frank E. Moss United States Courthouse

350 South Main Street

Room 348

Salt Lake City, Utah 84101

December 1, 20112

TABLE OF CONTENTS

RULE 1001-1

LOCAL RULES - GENERAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

(a)

Scope and Citation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

(b)

Availability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

(c)

Amendments to the Local Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

(d)

Definition of Words of Authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

RULE 1001-2

LOCAL RULES - STANDING ORDERS AND ELECTRONIC PROTOCOLS . . . 3

(a)

Issuance and Availability of Standing Orders . . . . . . . . . . . . . . . . . . . . . . . . . 3

(b)

Publication of Standing Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

(c)

Electronic Filing Protocols . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

RULE 1007–1

LISTS, SCHEDULES, STATEMENTS, AND CERTIFICATIONS

..........4

(a)

Petitions, Schedules, Statements, and Plans. . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

(b)

List of Creditors and Equity Security Holders . . . . . . . . . . . . . . . . . . . . . . . . . 6

(c)

Filing of Documents Following Conversion . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

(d)

Section 109(h) Compliance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

(e)

Filing Form of Payment Advice Certification. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

RULE 1014-1

CHANGE OF VENUE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

(a)

Within the District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

(b)

To Another District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

RULE 1015-1

JOINT ADMINISTRATION/CONSOLIDATION . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

RULE 1073-1

ASSIGNMENT OF CASES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

(a)

Random Selection Case Assignment System . . . . . . . . . . . . . . . . . . . . . . . . . . 10

(b)

Judicial Recusal or Disqualification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

(c)

Unavailability of Assigned Judge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

RULE 2002-1

NOTICE TO CREDITORS AND OTHER INTERESTED PARTIES . . . . . . . . . . 11

i

December 1, 20112

(c)

(d)

(e)

(f)

(g)

(h)

(a)

Scope of Rule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

(b)

Form of Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Time for Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Service of Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Returned Notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Notice of Compensation in Chapter 7 Case . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Notice of Entry of Confirmation Order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Notice to Certain Governmental Entities . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

RULE 2003-1

MEETING OF CREDITORS AND EQUITY SECURITY HOLDERS . . . . . . . . . 13

(a)

Attendance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

(b)

Duties of the Debtor in Connection with the Meeting of Creditors . . . . . . . 14

(c)

Telephonic Appearance at Meeting of Creditors . . . . . . . . . . . . . . . . . . . . . . 14

(d)

Costs of Meeting Facilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

(e)

Notice of Rescheduled Meetings of Creditors . . . . . . . . . . . . . . . . . . . . . . . . . 15

RULE 2004-1

EXAMINATIONS UNDER RULE 2004 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

RULE 2081-1

CHAPTER 11 - GENERAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

(a)

Initial Financial Reports and Other Documents. . . . . . . . . . . . . . . . . . . . . . 17

(b)

Monthly Financial Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

(c)

Post-Confirmation Summary Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

RULE 2082-1

CHAPTER 12 - GENERAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

(a)

Monthly Financial Reports. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

(b)

Filing of Chapter 12 Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

(c)

Payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

(d)

Attorney’s Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

(e)

Monthly Payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

RULE 2083-1

CHAPTER 13 - GENERAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

(a)

Chapter 13 Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

(b)

Chapter 13 Plan Payments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

(c)

Preconfirmation Payments Pursuant to § 1326(a)(1). . . . . . . . . . . . . . . . . . . 21

(d)

Documents Provided to the Trustee at or before the Meeting of Creditors. 22

(e)

Dismissal for Failure to Attend a Meeting of Creditors or Make Payments..23

(f)

Preconfirmation Motions to Dismiss for Failure to File or Provide

ii

December 1, 20112

(g)

(h)

(i)

(j)

(k)

(l)

Documents or Comply with Other Requirements. . . . . . . . . . . . . . . . . . . . . . 23

Postpetition Child Support, Alimony, Maintenance Payments Deemed

Voluntary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

Eligibility Hearing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

Distribution in Preconfirmation Cases. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

Confirmation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

Trustee Postconfirmation Motions to Dismiss . . . . . . . . . . . . . . . . . . . . . . . . 27

Trustee’s Report of Claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

(m) Request for Discharge. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

RULE 2090-1

ATTORNEYS - ADMISSION TO PRACTICE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

(a)

Bar of the Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

(b)

Other Permitted Appearances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

(cb) Participation of a Nonresidentan Attorney Admitted to the Local Bar . . . . 29

Other Permitted Appearances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

(c)

(d)

Attorneys for the United States . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

(e)

Parties Appearing Without an Attorney . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

(fe)

Standards of Professional Conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

(gf) Student Practice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 301

RULE 2090-2

ATTORNEYS - REGISTRATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 312

RULE 2090-3

ATTORNEYS - DISCIPLINE AND DISBARMENT . . . . . . . . . . . . . . . . . . . . . . . 323

RULE 2091-1

(a)

(b)

(c)

(d)

(e)

ATTORNEYS - SCOPE OF REPRESENTATION, WITHDRAWAL AND

SUBSTITUTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 334

Scope of Representation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 334

Withdrawal and Substitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 334

Withdrawal and Substitution After Hearing Before the Court or Trial Date

is Scheduled . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 345

Notification of Substituted Attorney . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

Responsibilities of Party Upon Removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

RULE 3003-1

BAR DATE FOR FILING PROOF OF CLAIM OR INTEREST

IN CHAPTER 11 CASES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 367

(a)

Bar Date in Chapter 11 Cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 367

(b)

Notification of Bar Date in Chapter 11 Cases . . . . . . . . . . . . . . . . . . . . . . . . 367

iii

December 1, 20112

RULE 3007-1

OBJECTIONS TO CLAIMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 378

(a)

Notice of Objection to Claim . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 378

(b)

Response to Objection to Claim . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 378

RULE 3011-1

PROCEDURE FOR PAYMENT OF UNCLAIMED FUNDS . . . . . . . . . . . . . . . . . 389

(a)

Requirements for Payment of Unclaimed Funds . . . . . . . . . . . . . . . . . . . . . 389

(b)

Application for Payment of Unclaimed Funds. . . . . . . . . . . . . . . . . . . . . . . . 389

(c)

Service of the Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3940

(d)

Order Authorizing Disbursement of Unclaimed Funds. . . . . . . . . . . . . . . 3940

RULE 3022-1

FINAL REPORT/DECREE (CHAPTER 11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 401

(a)

Non-Individual. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 401

(b)

Individual. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 401

RULE 4001-1

RELIEF FROM AUTOMATIC STAY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 412

(a)

Motions for Relief from Stay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 412

(b)

Objections to Motions for Relief from Stay . . . . . . . . . . . . . . . . . . . . . . . . . . 412

(c)

Hearings on Motions for Relief from Stay . . . . . . . . . . . . . . . . . . . . . . . . . . . 412

(d)

Waiver of Stay of Order Under Fed. R. Bankr. P. 4001(a)(3) . . . . . . . . . . . 423

RULE 4001-2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 434

FINANCING MOTIONS AND ORDERS . . . . . . . . . . . . . . . . . . . . . . . . . . . 434

(a)

Motions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 434

(b)

Interim relief . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 456

(c)

Final Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 456

RULE 4002-1

DUTIES OF DEBTOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 467

(a)

Filing of Changes of the Debtor’s Address . . . . . . . . . . . . . . . . . . . . . . . . . . 467

(b)

Information Requested by the Trustee or by the United States Trustee. . . 467

(c)

Documents Required to be Provided to the United States Trustee. . . . . . 467

(d)

Individual Debtor’s Failure to Provide Documentation at or Before Meeting

of Creditors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 478

RULE 5001-1

CLERK - OFFICE LOCATION/HOURS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4950

(a)

Office of Record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4950

(b)

Hours of Business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4950

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December 1, 20112

RULE 5003-1

THE CLERK’S AUTHORITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 501

(a)

Orders, Judgments and Other Documents. . . . . . . . . . . . . . . . . . . . . . . . . . . 501

(b)

Review of Clerk’s Actions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 501

RULE 5003-2

ACCESS TO COURT PAPERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 512

(a)

Access . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 512

(b)

Electronic Filing System. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 512

(c)

Sealed or Impounded Papers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 512

RULE 5005-1

FILING REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 523

(a)

Filing of Papers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 523

(b)

Date-Stamped Copies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 523

(c)

Facsimile Filing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 523

RULE 5005-2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 534

FILING PAPERS- ELECTRONIC FILING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 534

(a)

When Electronic Filing is Required. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 534

(b)

Eligibility and Registration of Filing Users and Applicable Rules . . . . . . . 534

(c)

Consequences of Electronic Filing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 556

(d)

Attachments and Exhibits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 556

(e)

Retention Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 567

(f)

Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 567

(g)

Technical Failures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 578

RULE 5005-3

FILING PAPERS - SIZE AND FORM OF PAPERS . . . . . . . . . . . . . . . . . . . . . . . 589

(a)

Size . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 589

(b)

Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 589

RULE 5007-1

RECORD OF PROCEEDINGS AND TRANSCRIPTS . . . . . . . . . . . . . . . . . . . . . 5960

RULE 5072-1

DECORUM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 601

(a)

Civility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 601

(b)

Courtroom Conduct of Attorneys . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 601

(c)

Courtroom Argument . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 612

RULE 5080-1

FEES - GENERAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 623

v

December 1, 20112

(a)

(b)

(c)

Payment of Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 623

Dishonored Payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 623

Application for Waiver of Chapter 7 Filing Fee . . . . . . . . . . . . . . . . . . . . . . 634

RULE 5090-1

VISITING JUDGES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 645

RULE 6005-1

STANDING AUCTIONEERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 656

(a)

General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 656

(b)

Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 656

(c)

Letters of Reference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 667

(d)

Effect of Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 667

(e)

Procedure for Sales by Appointed Standing Auctioneers . . . . . . . . . . . . . . 667

(f)

Commissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 678

(g)

Expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 678

(h)

Removal and Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 678

(i)

Hearings on Sales Conducted by a Standing Auctioneer. . . . . . . . . . . . . . . 678

RULE 6007-1

ABANDONMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 689

RULE 6070-1

TAX RETURNS AND TAX REFUNDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6970

(a)

Tax Requirements in Chapter 11, 12 and 13 Cases . . . . . . . . . . . . . . . . . . 6970

(b)

Tax Returns in Chapter 12 Cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 701

(c)

Tax Returns in Chapter 13 Cases. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 712

(d)

Modification of the Automatic Stay for Certain Assessments and Refunds of

Taxing Entities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 712

RULE 7003-1

COVER SHEETS IN ADVERSARY PROCEEDINGS . . . . . . . . . . . . . . . . . . . . . . 734

RULE 7005-1

FILING OF DISCOVERY MATERIALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 745

RULE 7016-1

PRETRIAL PROCEDURES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 756

(a)

Initial Pretrial Conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 756

(b)

Parties’ Planning Conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 756

(c)

Scheduling Order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 756

(d)

Expedited Adversary Proceeding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 756

(e)

Supplemental Pretrial Conferences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 767

(f)

Attorneys’ Conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 767

vi

December 1, 20112

(g)

(h)

Final Pretrial Conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 767

Pretrial Order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 767

RULE 7026-1

DISCOVERY - GENERAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 778

(a)

Attorney Managed Discovery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 778

(b)

Court Managed Discovery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 778

(c)

Form of Certain Discovery Documents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 778

RULE 7041-1

DISMISSAL - VOLUNTARY AND FOR LACK OF PROSECUTION . . . . . . . . 789

(a)

Voluntary Dismissal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 789

(b)

Dismissal for Lack of Prosecution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 789

RULE 7052-1

FINDINGS AND CONCLUSIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7980

RULE 7054-1

COSTS - TAXATION/PAYMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 801

(a)

Bill of Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 801

(b)

Objections to Bill of Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 801

(c)

Taxation of Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 801

(d)

Judicial Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 801

RULE 7055-1

DEFAULT - FAILURE TO PROSECUTE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81

2

(a)

Judgment by Default Entered by Clerk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 812

(b)

Judgment by Default Entered by Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . 812

(c)

Clerk's Action Reviewable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 812

RULE 7056-1

SUMMARY JUDGMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 823

(a)

Fact Statement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 823

(b)

Contested Facts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 823

(c)

Filing Deadlines, Length of Memoranda and Reply Memoranda . . . . . . . . 823

RULE 7067-1

REGISTRY FUND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 834

(a)

Court Orders Relating to Deposits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 834

(b)

Registry Funds Invested in Interest-Bearing Accounts . . . . . . . . . . . . . . . . 834

(c)

Service Upon the Clerk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 834

(d)

Deposit of Funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 845

vii

December 1, 20112

(e)

(f)

(g)

(h)

(i)

Disbursements of Registry Funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 845

Management and Handling Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 845

Verification of Investment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 845

Liability of the Clerk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 845

Cash Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 856

RULE 7069-1

EXECUTION OF JUDGMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 867

(a)

Domestication of Judgment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 867

(b)

Motion to Appear . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 867

(c)

Hearing Before Bankruptcy Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 867

(d)

Failure to Appear . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 867

(e)

Fees and Expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 878

RULE 9004-1

CAPTION - PAPERS, GENERAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 889

(a)

General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 889

(b)

Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 889

RULE 9005.1-1

CLAIM OF UNCONSTITUTIONALITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8990

RULE 9006-1

TIME PERIODS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 912

(a)

Time for Filing Motions and Objections to Claims . . . . . . . . . . . . . . . . . . . 912

(b)

Time for Filing Responses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 912

(c)

Time for Filing Replies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 923

(d)

Additional Time After Service by Mail, Facsimile or Electronic Means. . . 934

RULE 9010-1

ATTORNEYS - NOTICE OF APPEARANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 945

(a)

Attorney of Record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 945

(b)

Notification of Change in Address or Telephone Number . . . . . . . . . . . . . . 945

(c)

Appearance by Attorney . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 945

RULE 9011-1

PAPERS SIGNED BY AN ATTORNEY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 967

RULE 9011-2

PARTIES APPEARING WITHOUT AN ATTORNEY . . . . . . . . . . . . . . . . . . . . . . 97

(a)

Attorney Appearance Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97

(b)

Rules Applicable to Individuals Appearing Without an Attorney . . . . . . . . 97

98

viii

December 1, 20112

RULE 9013-1

MOTION PRACTICE - SET HEARING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 989

(a)

Scope of Rule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 989

(b)

Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9899

(c)

Motions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 989

(d)

Notice of Motion and Hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 989

(e)

Response to Motions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99100

(f)

Granting Relief Without a Hearing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99100

(g)

Time for Striking Hearings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99100

(h)

Memorandum of Authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100

(i)

Overlength Memoranda . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1012

(j)

Certificate of Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1012

(k)

Service of Documents by Electronic Means . . . . . . . . . . . . . . . . . . . . . . . . 1023

RULE 9013 -2

MOTION PRACTICE - OPPORTUNITY FOR HEARING . . . . . . . . . . . . . . . . 1034

(a)

Scope of Rule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1034

(b)

Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1034

(c)

Motions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1034

(d)

Notice of Motion and Notice of Opportunity for Hearing . . . . . . . . . . . . 1045

(e)

Objection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1045

(f)

Court Action on Motions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1056

(g)

Applicable provisions of Local Rule 9013-1 . . . . . . . . . . . . . . . . . . . . . . . . 1056

RULE 9014-1

DISCOVERY IN CONTESTED MATTERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1067

RULE 9015-1

JURY TRIAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1078

(a)

Demand . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1078

(b)

Applicable Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1078

(c)

Consent to Have Trial Conducted by Bankruptcy Judge . . . . . . . . . . . . . 1078

RULE 9019-1

SETTLEMENTS OF ADVERSARY PROCEEDINGS . . . . . . . . . . . . . . . . . . . . . 1089

(a)

General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1089

(b)

Settlement of Adversary Proceeding with Trial Date . . . . . . . . . . . . . . . . . 1089

RULE 9019-2

ALTERNATIVE DISPUTE RESOLUTION . . . . . . . . . . . . . . . . . . . . . . . . . . . 109110

RULE 9021-1

PREPARATION AND SUBMISSION OF JUDGMENT OR ORDER . . . . . . . . 1101

ix

December 1, 20112

(a)

(b)

(c)

(d)

(e)

Separate Document Requirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1101

Review and Approval Procedures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1101

Entry of Court Orders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111

Judgment Based Upon a Written Instrument . . . . . . . . . . . . . . . . . . . . . . 1112

Papers to Accompany Proposed Judgments, Orders or Notices of Appeal1112

RULE 9022-1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1123

NOTICE OF JUDGMENT OR ORDER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1123

RULE 9070-1

(a)

(b)

(c)

(d)

EXHIBITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1134

Prior to Trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1134

During Trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1134

After Trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1134

Contested Matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1156

RULE 9071-1

PROCEDURAL STIPULATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1167

(a)

Procedural Requirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1167

(b)

Court Approval - General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1167

(c)

Stipulations to Continue Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1167

(d)

Continuance of Trial or Hearing Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1167

RULE 9073-1

HEARINGS9073-1

HEARINGS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1178

(a)

Scope of Rule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1178

(b)

Setting Hearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1178

(c)

Order of Hearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1178

(d)

Movant Responsible to Give Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1178

(e)

Rescheduling Hearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118

(ef)

Cancellation of Hearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1179

(fg) Withdrawal of Motion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1189

(gh) Withdrawal of Response to Motion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1189

(hj) Failure to Appear at a Hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118

x

December 1, 20112

APPENDIX A

FORM FOR REPORT OF PARTIES' PLANNING MEETING PURSUANT

TO FED. R. CIV. P. 26(f), FED. R. BANKR. P. 7026 AND LOCAL

RULE 7016-1(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119

APPENDIX B

FORM FOR PRETRIAL ORDER REQUIRED BY LOCAL

RULE 7016-1(h) . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122

APPENDIX C

MONTHLY FINANCIAL REPORT - CHAPTER 11 . . . . . . . . . . . . . . . . . . . . . . .125

APPENDIX D

FORM FOR DECLARATION REGARDING TAX RETURNS . . . . . . . . . . . . . 135

APPENDIX E

FORM FOR VERIFICATION AND REQUEST FOR DISCHARGE . . . . . . . . . . 137

APPENDIX F

FORM FOR PAYMENT ADVICES CERTIFICATION . . . . . . . . . . . . . . . . . . . . 139

APPENDIX G INTENTIONALLY REMOVED BY AMENDMENT TO LOCAL RULE 2083-1

APPENDIX H

LOCAL FORM 3011 - APPLICATION FOR PAYMENT OF UNCLAIMED

FUNDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141

APPENDIX I

FORMS OF NOTICE FOR 9013-1 AND 9013-2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 145

119

xi

December 1, 20112

APPENDIX A

Form 35 Report of Parties Planning Meeting Pursuant to Fe. R. Civ.P. 26(f) . . . . 120

APPENDIX B

Form for Pretrial Order Required by Local Rule 7016-1(h) . . . . . . . . . . . . . . . . . . 123

APPENDIX C

Intentionally Removed by Amendment to Local Rule 2081-1(b) . . . . . . . . . . . . . . . . 126

APPENDIX D

Form for Declaration Regarding Tax Returns . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127

APPENDIX E

Form for Verification and Request for Discharge . . . . . . . . . . . . . . . . . . . . . . . . . . 129

APPENDIX F

Form for Payment Advices Certification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131

APPENDIX G

Intentionally Removed by Amendment to Local Rule 2083-1 . . . . . . . . . . . . . . . . . . 132

APPENDIX H

Local Form 3011 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133

APPENDIX I

Forms for Notice under Local Rule 9013-1 and 9013-2 . . . . . . . . . . . . . . . . . . . . . . 137

APPENDIX J

Local Form – 9013-3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143

Appendix K

Local Form - 9022-1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145

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December 1, 20112

RULE 1001-1

LOCAL RULES - GENERAL

(a)

Scope and Citation. Title 11 (“the Code”) and portions of titles 18 and 28 of the

United States Code, the Federal Rules of Bankruptcy Procedure (“Fed. R. Bankr. P.”), the Rules of

Practice of the United States District Court for the District of Utah (“DUCivR”), these Local Rules

of Practice of the United States Bankruptcy Court for the District of Utah (“Local Rules”), and all

standing orders of the court issued under Local Rule 1001-2(a), govern cases, proceedings, and

practice before the United States Bankruptcy Court for the District of Utah (“court”). These Local

Rules should be cited as “Bankr. D. Ut. LBR ____” or “Local Rule_____.”

(b)

Availability. Copies of these Local Rules, with appendices, are available from the

court’s website, www.utb.uscourts.gov, and from the clerk's office for a reasonable charge to be

determined by the clerk. Upon admission to the bar of the United States District Court for the

District of Utah, each attorney will be provided a copy of these Local Rules, with appendices, in

force at the time of admission. Attorneys admitted pursuant to Local Rule 2090-1(b) and individuals

appearing without an attorney will be provided a copy of these Local Rules upon request and

payment to the clerk of the appropriate fee.

(c)

Amendments to the Local Rules. The court may amend these Local Rules subject

to DUCivR 83-7.4. The court will provide notice of proposed amendments and, after a comment

period to be determined by the court, notice of the effective date of the approved amendments.

(d)

Definition of Words of Authority. As used in these Local Rules, the following

words of authority have the meaning indicated:

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December 1, 20112

must

=

is required to

must not

=

is required not to

may

=

has discretion to

is permitted to

has a right to

is entitled to

=

has a right to

will

=

(expresses a future contingency)

should

=

(denotes a directory provision)

section or §

=

particular section contained in title 11,

United States Code

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December 1, 20112

RULE 1001-2

LOCAL RULES - STANDING ORDERS AND ELECTRONIC PROTOCOLS

(a)

Issuance and Availability of Standing Orders. The court may issue standing orders

to govern practice and procedure before this court that supplement these Local Rules with the

approval of the Chief Judge of the District Court. All individuals entering an appearance before this

court should be familiar with the standing orders. Copies of all current standing orders should be

maintained by the clerk, and made available to the public for inspection and copying from the

court’s website, www.utb.uscourts.gov, and from the clerk’s office.

(b)

Publication of Standing Orders. When a new standing order is issued, the clerk

should post the standing order on the court’s website, www.utb.uscourts.gov, and outside the clerk's

office for at least 3 months. The clerk should also submit the standing order to the Utah Bar Journal

for publication immediately after the standing order or amendment is issued.

(c)

Electronic Filing Protocols. The court may from time to time post usage protocols

related to electronic filing to assist Filing Users. The court’s posted usage protocols do not have the

effect of standing orders. All Filing Users should be familiar with the electronic filing protocols.

Copies of all current electronic filing protocols should be maintained by the clerk, and made

available to the public for inspection and copying from the court’s website, www.utb.uscourts.gov,

and from the clerk’s office.

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December 1, 20112

RULE 1007–1

LISTS, SCHEDULES, STATEMENTS, AND CERTIFICATIONS

(a)

Petitions, Schedules, Statements, and Plans.

(1)

Procedures for Dismissal of Chapter 7, 11, or 12 Cases for Failure to Timely

File Certain Papers. If a debtor does not timely file certain papers identified in subsections

A, B, and C below, the case will be dismissed using the following procedure unless

otherwise recommended by the United States trustee or case trustee or unless otherwise

ordered by the court. The United States trustee or case trustee must file a Section 341

Meeting Report (Report) indicating the failure to comply and serve it on the debtor and

debtor’s attorney. If the Report contains a recommendation that the case not be dismissed,

the case shall not be dismissed and administration of the case shall continue without

prejudice to any motion to dismiss filed by a party in interest. If the Report does not contain

a recommendation that the case not be dismissed and if an objection to dismissal is not filed

within 21 days after the Report is mailed, the clerk must enter an order dismissing the case.

If an objection is timely filed, the dismissal is stayed. The objecting party must set a hearing

and give notice to parties in interest as provided in Fed. R. Bankr. P. 2002(a). Unless the

court orders otherwise, the clerk must enter an order dismissing the case if a hearing on the

objection is not held within 40 days after the objection is filed.

(A)

Voluntary Case in Which the Debtor is Not an Individual. The court

may dismiss a voluntary case in which the debtor is not an individual, except a case

that has been converted from a chapter 11 case to a chapter 7 case, if the debtor fails

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December 1, 20112

to file a list of creditors’ names and addresses under Local Rule 1007-1, a list of

equity security holders, or documents required by § 521(a)(1) or § 1116(1), within

the time provided by Fed. R. Bankr. P. 1007 or any extension granted under

§ 1116(3).

(B)

Voluntary Chapter 11 or 12 Case in Which the Debtor is an

Individual. The court may dismiss a voluntary case if the debtor fails to file a list of

creditors’ names and addresses under Local Rule 1007-1, or documents required by

§ 521(a)(1) or § 1116(1), within the time provided by Fed. R. Bankr. P. 1007 or

within any extension granted under § 1116(3).

(C)

Voluntary Chapter 7 Case in Which the Debtor is an Individual. The

court may dismiss a voluntary case, except a case that has been converted from a

chapter 11 case to a chapter 7 case, if the debtor fails to file a list of creditors’ names

and addresses under Local Rule 1007-1, within the time provided by Fed. R. Bankr.

P. 1007.

(2)

Procedure for Dismissal of a Case under Chapter 13 for Failure to Timely File

Certain Papers. The court may dismiss a case, except a case that has been converted from

a chapter 7 case to a chapter 13 case, if the debtor fails to file a list of creditors’ names and

addresses under Local Rule 1007-1, or documents required by §521(a)(1) and Fed. R. Bankr.

P. 1007(b)(1) within the time required by Fed. R. Bankr. P. 1007(c), or a chapter 13 plan

within the time provided by Fed. R. Bankr. P. 1007 and 3015. The procedures for dismissal

on these grounds are set forth in Local Rule 2083-1(f). However, nothing in this rule or in

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December 1, 20112

Local Rule 2083-1(f) shall alter the provisions for automatic dismissal of the case under

§ 521(i).

(b)

List of Creditors and Equity Security Holders. The debtor may file with the

petition, but must file no later than 2 days thereafter, the list required under Fed. R Bankr. P.

1007(a)(1) in a form designated by the clerk and, if applicable, an additional list of creditors holding

claims under § 507(a)(1)(A) and (B), and a list of equity security holders, in the manner prescribed

by the clerk’s office. If the debtor files a list of creditors holding claims under § 507(a)(1)(A) and

(B), the clerk may provide the notice specified in § 704(c)(1)(A) and (B) at least 20 days prior to the

meeting of creditors under § 341. The clerk may mail the notice provided by the trustee as specified

in § 704(c)(1)(C) within 21 days after the debtor is granted a discharge under § 727.

(c)

Filing of Documents Following Conversion. Lists, schedules, statements, and other

documents filed prior to conversion of a case to another chapter shall be deemed filed in the

converted case; however, within 21 days after the entry of an order converting the case, the debtor

shall file either: (i) a declaration under penalty of perjury that there have been no material changes

to the lists, schedules, statements, and other documents filed prior to conversion, or (ii) amended

lists, schedules, statements, and other documents reflecting such changes.

(d)

Section 109(h) Compliance.

(1)

Section 109 (h) Certification. If the debtor fails to certify compliance with

§ 109(h)(1) on the petition, or request a waiver under § 109(h)(3)(A) on the petition and file a

separate application for exemption and proposed order with the petition, or fails to file a request for

determination by the court under § 109(h)(4) with the petition, the clerk must enter an order

dismissing the case.

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December 1, 20112

(2)

Certification of Eligibility for Exemption. A debtor who requests a waiver

under § 109(h)(3)(A) on the petition must also file with the petition a separate application for

exemption and proposed order granting the application for exemption. The court may grant the

application for exemption, set the application for exemption for hearing, or may deny the application

for exemption without hearing. If the application for exemption is granted, the debtor must timely

file a certification indicating compliance with the requirements of § 109(h)(1) or the clerk must enter

an order of dismissal. If the application for exemption is denied, the clerk must enter an order of

dismissal.

(3)

Section 109(h)(4) Hearing.

A debtor who timely files a request for

determination by the court under § 109(h)(4) must set the matter for a hearing to be held within 40

days of filing the petition with notice pursuant to Local Rule 2002-1. If the court does not determine

that § 109(h)(4) is applicable within 40 days of the filing of the petition, or within such additional

time as the court, for cause, determines, the clerk must enter an order of dismissal.

(e)

Filing Form of Payment Advice Certification. The debtor shall file, no later than

seven days before the date on which the meeting of creditors is first scheduled to be held, the Form

Payment Advices Certification attached hereto as Appendix F, provided, however, that the time

limits of § 521(a) and (i) and the consequences related thereto are not intended to be modified by

this Local Rule.

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December 1, 20112

RULE 1014-1

CHANGE OF VENUE

(a)

Within the District. In the interest of justice or for the convenience of the parties,

the court may change venue of a case or proceeding from one division of the court to another. A

motion for intra-district transfer is governed by Fed. R. Bankr. P. 9014 and Local Rule 9013-1.

(b)

To Another District. For procedures to change venue of a case or proceeding to

another district, see DUCivR 83-7.1(a) and (c) and Fed. R. Bankr. P. 1014.

8

December 1, 20112

RULE 1015-1

JOINT ADMINISTRATION/CONSOLIDATION

A motion for consolidation or joint administration of cases may be brought before the judge

assigned to the case with the lowest case number to which the motion for consolidation or joint

administration applies. If the motion is granted, the cases will be consolidated into or jointly

administered under the case having the lowest case number, unless otherwise ordered. The judge

assigned to the case with the lowest number will retain the assignment for the consolidated or jointly

administered case.

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December 1, 20112

RULE 1073-1

ASSIGNMENT OF CASES

The assignment of cases to the judges of the court is the responsibility of the Chief Judge of

the court and will, unless otherwise modified, proceed as follows:

(a)

Random Selection Case Assignment System. Case assignments are made on a

nonpublic rotating calendar established and monitored by the clerk, with the following exceptions:

(1) cases filed in certain geographic areas may be assigned to the judge(s) assigned to that area, and

(2) a blind draw will occur in all chapter 11 cases, involuntary cases, and in chapter 7 cases with 100

creditors or more.

(b)

Judicial Recusal or Disqualification. If a judicial recusal or disqualification occurs,

another judge will be assigned to the case by random selection. If all judges recuse themselves or

are disqualified, the Chief Judge will request the Chief Judge of the United States Court of Appeals

for the Tenth Circuit to assign a bankruptcy judge from another district to the case.

(c)

Unavailability of Assigned Judge. A party may request relief from any judge of

the court if the assigned judge is unavailable.

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December 1, 20112

RULE 2002-1

NOTICE TO CREDITORS AND OTHER INTERESTED PARTIES

(a)

Scope of Rule. This rule governs notice of proposed actions, motions, applications,

and other requests for relief in bankruptcy cases which are addressed by Fed. R. Bankr. P. 2002.

(b)

Form of Notice. A notice required by this rule to parties in interest may include a

statement that the relief requested may be granted without a hearing unless an objection is timely

filed. A notice not accompanied by a motion must state the relief requested and explain the basis

for the relief.

(c)

Time for Notice. Time for notice of hearings, response and reply deadlines, and for

taking certain other actions under these Local Rules are set forth in Local Rule 9006-1.

(d)

Service of Notice. The movant must serve the notice of hearing on all parties as

required by the Federal Rules of Bankruptcy Procedure.

(e)

Returned Notices. If any notices mailed using the addresses appearing on the matrix

are returned, the debtor should update the mailing matrix as necessary to reflect the current

addresses of parties in interest.

(f)

Notice of Compensation in Chapter 7 Case. Before filing a final report in a

chapter 7 case, the trustee must notify any entity who, to the knowledge of the trustee, may be

entitled to compensation or reimbursement under § 330 of the Code. The entity may, within 14 days

of service of the notice, file an application for compensation and reimbursement of expenses.

(g)

Notice of Entry of Confirmation Order. The plan proponent must provide notice

of the entry of an order confirming a chapter 9, 11 or 12 plan under Fed. R. Bankr. P. 2002(f)(7).

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December 1, 20112

(h)

Notice to Certain Governmental Entities.

In addition to all other notice

requirements found in the Federal Rules of Bankruptcy Procedure, when notices are required to be

sent to the Internal Revenue Service, the Utah State Tax Commission, the Utah Department of

Workforce Services, or the Office of Recovery Services, notices should be mailed or delivered to

addresses listed on the court’s website, www.utb.uscourts.gov.

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December 1, 20112

RULE 2003-1

MEETING OF CREDITORS AND EQUITY SECURITY HOLDERS

(a)

Attendance.

(1)

The court may dismiss a voluntary case, except a case that has been converted

from a chapter 11 case to a chapter 7 case or from a chapter 7 case to a chapter 13 case, or

a case in which the court has determined under § 341(e) of the Code that no meeting of

creditors is required, if the debtor or the debtor’s attorney fails to appear at the scheduled or

continued meeting of creditors required under § 341 of the Code.

(2)

The procedures for dismissal of a chapter 13 case for failure of the debtor or

debtor’s attorney to appear at the meeting of creditors are set forth in Local Rule 2083-1(e).

(3)

In a case other than a chapter 13 case, if the debtor or the debtor’s attorney

fails to appear, the trustee or U.S. Trustee must file a Section 341 Meeting Report (Report)

indicating the failure to appear and serve it on the debtor and the debtor’s attorney. If the

Report contains a recommendation that the case not be dismissed, the case shall not be

dismissed and administration of the case shall continue without prejudice to any motion to

dismiss filed by a party in interest. If the Report does not contain a recommendation that the

case not be dismissed and if an objection to the trustee’s notice is not filed within 21 days

after service of the notice, the clerk must enter an order dismissing the case. The objecting

party must set a hearing and give notice to parties in interest as provided in Fed. R. Bankr.

P. 2002(a)(4). Unless the court orders otherwise, the clerk must enter an order dismissing

the case if a hearing on the objection is not held within 40 days after the objection is filed.

In a chapter 7 case, the objection must also move for an extension of the time fixed under

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December 1, 20112

Fed. R. Bankr. P. 4007(c) and 4004(a) for filing a complaint under §§ 523(c) and 727 of the

Code and the time fixed under Fed. R. Bankr. P. 4003(b)(1) for filing objections to

exemptions under § 522(l) of the Code.

(4)

In a joint case where only 1 spouse appears, the non-appearing spouse will

be dismissed from the case.

(b)

Duties of the Debtor in Connection with the Meeting of Creditors. The debtor

is required to provide documentation prior to and at the meeting of creditors as requested by the

trustee or the United States trustee and as required in § 521, Fed. R. Bankr. P. 4002(b), and Local

Rule 4002-1(b). In addition, a chapter 13 debtor is required to provide the documents listed in Local

Rule 2083-1(d) prior to or at the meeting of creditors.

(c)

Telephonic Appearance at Meeting of Creditors.

Under extenuating

circumstances which prevent a debtor from appearing in person, a debtor may file a motion seeking

permission to appear by telephone at a creditors’ meeting required under § 341 of the Code.

Extenuating circumstances may include military service, incapacitating condition, or incarceration.

The motion must be filed and served on the trustee and the United States trustee no later than 5 days

prior to the scheduled meeting, and may be ruled upon without a hearing. The motion must describe

in writing any efforts to give notice to and confer with the trustee prior to the filing of the motion.

If the motion is granted, the debtor must also serve a copy of the order allowing a telephonic

appearance on the trustee and the United States trustee. The debtor must contact the trustee to

determine the time, date and location for the telephonic appearance. The debtor is responsible for

any costs associated with conducting a telephonic appearance.

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December 1, 20112

(d)

Costs of Meeting Facilities. If the circumstances of a particular case require that

the meeting of creditors be held somewhere other than the usual facilities, the estate of the debtor

will be responsible for the rent and other appropriate costs associated with conducting the meeting

in an alternate facility.

(e)

Notice of Rescheduled Meetings of Creditors. If the initial meeting of creditors

is rescheduled, the clerk must give notice of the new date and time of the meeting unless otherwise

directed by the court.

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December 1, 20112

RULE 2004-1

EXAMINATIONS UNDER RULE 2004

In either of the following circumstances the clerk may enter an order granting a motion

under Fed. R. Bankr. P. 2004 without prior notice or hearing:

(1)

if the movant represents that the party to be examined will receive not less than 14

days written notice of the examination; or

(2)

if the movant and the party to be examined have stipulated in writing to the

examination.

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December 1, 20112

RULE 2081-1

CHAPTER 11 - GENERAL

(a)

Initial Financial Reports and Other Documents. Not later than 21 days after filing

a chapter 11 petition, non-small business debtors must provide the United States trustee with an

initial financial report in the form approved by the United States trustee, and not later than 7 days

after filing a chapter 11 petition, all chapter 11 debtors shall provide evidence of any permits,

licenses of operations, and any policies of insurance maintained by the debtor, unless the court

orders otherwise.

(b)

Monthly Financial Reports. Not later than 14 days after the end of each month the

debtor in possession or trustee must file with the court a monthly financial report in the form

approved by the United States trustee and serve a copy upon the United States trustee. A sample

of the form approved as of the effective date of these rules is attached hereto as Appendix C. The

duty to file these reports terminates upon confirmation of a plan, or upon conversion or dismissal

of the case.

(c)

Post-Confirmation Summary Report. Unless the court orders otherwise, a

reorganized debtor or other entity responsible for consummation of a plan must file a one-time

summary report within 90 days after entry of a confirmation order which must include the following:

(1)

the dollar amounts of administrative expenses for fees for the attorney for the

debtor, attorney for the trustee, the trustee, other professionals, and out-of-pocket expenses;

(2)

the dollar amounts of priority, secured, and unsecured claims;

(3)

the dollar amounts of plan payments to priority, secured, and unsecured

creditors;

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December 1, 20112

(4)

the percentage dividend being paid to unsecured creditors without priority;

(5)

the estimated date that a final decree will be entered.

and

Failure to comply with this subsection constitutes grounds for dismissal of the case.

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December 1, 20112

RULE 2082-1

CHAPTER 12 - GENERAL

(a)

Monthly Financial Reports. Not later than 21 days after the end of each month, the

debtor must file with the court a monthly financial report in the form approved by the United States

trustee and serve a copy upon the chapter 12 trustee. The debtor’s duty to file these reports

terminates upon confirmation of a plan, or upon conversion or dismissal of the case.

(b)

Filing of Chapter 12 Plan. The court may dismiss a chapter 12 case if the debtor

fails to file a plan within the time provided in § 1221 of the Code. If the debtor does not file a plan

timely, the chapter 12 trustee should file a notice of failure to comply and serve it on the debtor and

debtor’s attorney. If an objection to the trustee’s notice is not filed within 21 days after notice is

mailed, the clerk should enter an order dismissing the case. The objecting party must set a hearing

and give notice to parties in interest as provided in Fed. R. Bankr. P. 2002(a). If a hearing on the

objection is not held within 40 days after the objection is filed, the clerk must enter the order of

dismissal, unless the court orders otherwise.

(c)

Payments. Payments under a confirmed plan must be paid by certified funds or

money orders made payable as directed by the chapter 12 trustee. The debtor may make and the

trustee may accept payments in furtherance of a plan prior to confirmation. Such payments must

be disbursed under a confirmed plan or further order of the court, and may be subject to a charge for

the trustee’s expenses upon conversion or dismissal of the case, or confirmation of a plan.

(d)

Attorney’s Fees. All chapter 12 plans must contain a statement of attorney’s fees

paid and to be paid.

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December 1, 20112

(e)

Monthly Payments. Beginning at the first meeting of creditors and continuing each

month thereafter until confirmation of a plan, the debtor may be required to pay to the chapter 12

trustee the actual and necessary expenses of the administration of the case as allowed by the court,

or a minimum court-approved dollar amount to be fixed by the trustee, whichever is greater.

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December 1, 20112

RULE 2083-1

CHAPTER 13 - GENERAL

(a)

Chapter 13 Plan. Unless otherwise ordered by the court, all chapter 13 plans

shall substantially conform to the applicable Model Plan Form posted on the bankruptcy court’s

website.

(b)

Chapter 13 Plan Payments. Unless otherwise ordered by the court, payments

under § 1326 of the Code must commence not later than 30 days after the date of the filing of the

petition or after the date of the entry of the order converting the case to one under Chapter 13.

All such payments must be made by certified funds, money order, or a trustee-approved means

of electronic funds transfer, made payable as directed by the trustee.

(c)

Preconfirmation Payments Pursuant to § 1326(a)(1). The chapter 13 plan shall

list the creditor name, address, account number, payment due date, and payment amount for each

creditor entitled to preconfirmation adequate protection or lease payments to be paid by the

trustee.

(1)

Adequate Protection. Unless otherwise ordered by the court, all

preconfirmation adequate protection payments to holders of secured claims required

under § 1326(a)(1) shall not be made by the debtor directly to the secured claimant, but

shall be paid to and disbursed by the trustee. The debtor’s preconfirmation plan

payments to the trustee shall include the amount required under § 1326(a)(1) and the

amount necessary to pay the trustee's statutory fee.

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December 1, 20112

(2)

Lease Payments. If the chapter 13 plan provides for lease payments over

the term of the plan to be paid by the trustee, preconfirmation lease payments to such

lessors shall be paid by the trustee and the above provisions regarding preconfirmation

adequate protection payments shall apply. If the chapter 13 plan provides for lease

payments to be paid by the debtor and not by the trustee over the term of the plan, then

preconfirmation lease payments to such lessors required under § 1326(a)(1) shall be

made directly by the debtor and not by the trustee.

(d)

Documents Provided to the Trustee at or before the Meeting of Creditors.

(1)

In addition to those documents required by § 521, a debtor must provide to

the trustee copies of the following documents at least 7 days before the date first set for

the first meeting of creditors:

(A)

Proof of all charitable contributions made within 60 days before

the date of the filing of the petition;

(B)

A copy of the most recent county property tax assessment for all

real property listed on Schedule A;

(C)

A profit and loss statement if a debtor had self-employment

income for the 60 days prior to filing, including income reported on an IRS Form

1099;

(D)

A business questionnaire for each business operated by the debtor

60 days prior to filing on a form supplied by the trustee; and

(E)

Copies of tax returns required under Local Rule 6070-1(c)(2).

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December 1, 20112

(2)

A debtor must provide to the trustee copies of the following documents at

or before the first date set for the meeting of creditors:

(A)

Evidence of current postpetition income such as the most recent

payment advice; and

(B)

Statements for each of the debtors’ checking, savings, brokerage,

and money market accounts and mutual funds for the time period that includes the

date of the filing of the petition.

(e)

Dismissal for Failure to Attend a Meeting of Creditors or Make Payments.

If the debtor or the debtor’s attorney fails to appear at the scheduled or continued meeting of

creditors required under § 341 of the Code or if a debtor fails to make the first payment required

by subsection (a) of this rule, the trustee must file a motion to dismiss or notice of failure to

comply and serve it on the debtor and debtor’s attorney. If an objection is not filed within 21

days after the motion or notice is mailed, the clerk must enter an order dismissing the case. A

hearing on an objection filed in response to the trustee’s notice of failure to comply will be held

at the time scheduled as the confirmation hearing on Official Form 9I, unless the court orders

otherwise. No notice in addition to the notice of hearing contained on Official Form 9I is

required.

(f)

Preconfirmation Motions to Dismiss for Failure to File or Provide

Documents or Comply with Other Requirements. In addition to cause for dismissal under §

1307(c), the trustee, or with respect to subpart (5), the applicable taxing authority, may file a

motion to dismiss or notice of failure to comply for the following grounds:

(1) Failure to file documents required under Local Rule 1007-1(a)(2);

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December 1, 20112

(2) Failure to provide identification and social security documentation under Fed.

R. Bankr. P. 4002(b)(1) or (b)(2);

(3) Failure to provide documents under subsection (c) of this rule;

(4) Failure to provide information in response to a written request by a trustee or

United States trustee under Local Rule 4002-1(b); or

(5) Failure to provide proof of tax trust accounts under Local Rule 6070-1(a)(3)

or failure to comply with requirements with respect to tax returns under Local Rule 60701(c).

The motion to dismiss or notice of failure to comply must be served on the debtor and the

debtor’s attorney. If an objection is not filed within 21 days after the motion or notice is mailed,

the clerk must enter an order dismissing the case. A hearing on an objection filed in response to

the trustee’s notice of failure to comply will be held at the time scheduled as the confirmation

hearing on Official Form 9I, unless the court orders otherwise. No notice in addition to the

notice of hearing contained on Official Form 9I is required.

(g)

Postpetition Child Support, Alimony, Maintenance Payments Deemed

Voluntary. Unless a chapter 13 debtor on the petition date, or such later time as the court

allows, files with the court, the trustee, and the requisite state office of recovery services a notice

setting forth the debtor's intent to terminate postpetition child support, alimony, maintenance

payments or income withholding, the debtor will be deemed as of the date of the petition to have

stipulated as follows: (1) that any child support, alimony, or maintenance obligation that matures

postpetition, whether continuing or delinquent and whether paid directly by the debtor or

collected by means of income withholding under state law, is voluntarily made by the debtor

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December 1, 20112

under the debtor's budget of postpetition expenses; and (2) that any collection of such obligations

will not constitute grounds for compensatory, injunctive or punitive relief against the collecting

party for any violation of the provisions of § 362 of the Code. This rule does not apply to any

child support, alimony, or maintenance obligation that matures and becomes delinquent

postpetition and that the debtor and a state office of recovery services have agreed in writing will

be treated as a prepetition obligation included in the debtor's plan.

(h)

Eligibility Hearing. A party must file and serve a motion to dismiss a chapter 13

case under § 109(e) of the Code not later than 7 days before the date set on Official Form 9I for

the plan confirmation hearing. Such motion will be heard at the plan confirmation hearing,

unless the court orders otherwise.

(i)

Distribution in Preconfirmation Cases.

(1)

Preconfirmation Disbursements by the Chapter 13 Trustee.

Preconfirmation disbursements under § 1326(a)(1) are hereby authorized without further

order. The amount and timing of adequate protection payments will be as stated in the

plan or as ordered by the court; however, the trustee shall not disburse such payments

until the creditor entitled to adequate protection has filed an allowed proof of claim.

Claims filed after a case is dismissed will not receive adequate protection payments.

Preconfirmation disbursements under § 1326(a)(1) shall be made to creditors within 30

days of the filing of the proof of claim, unless, within 7 business days prior to the end of

such 30 day period, the trustee has not received sufficient, cleared funds to make such

payment. The trustee is authorized to deduct from an allowed claim all § 1326(a)(1)

preconfirmation disbursements.

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December 1, 20112

(2)

Distribution in Discontinued Preconfirmation Cases. If a case is converted

or dismissed prior to confirmation, the trustee is authorized to apply the debtor's plan

payments to pay: (1) an allowed expense fee to the standing chapter 13 trustee; (2) adequate

protection payments pursuant to the terms in the preceding paragraph; (3) any allowed

administrative expenses; and (4) the balance of such funds will be paid by check made

payable to and sent to the debtor(s).

(j)

Confirmation.

(1)

Objections to Confirmation. Any objection to the original plan must be

filed and served not later than 7 days before the date set on Official Form 9I for the plan

confirmation hearing. If an amended or modified plan is filed, objections must be filed

and served not later than 21 days after service of the plan or notice of such plan. All

objections to the plan will be heard at the confirmation hearing, unless the court orders

otherwise. If the objecting party does not appear at the confirmation hearing, the court

may deem the objection to be withdrawn.

(2)

Confirmation of the Plan. The debtor bears the burden of proof in

establishing compliance with the requirements for confirmation under Title 11, Chapter

13, and specifically 11 U.S.C. § 1325. Any bankruptcy papers or amendments relating to

confirmation of the plan must be filed with the court not later than four (4) business days

before the confirmation hearing. If bankruptcy papers need to be filed after this deadline,

counsel should seek a continuance of the confirmation hearing to give all parties an

opportunity to review the papers. If the court confirms the plan, the debtor will be

deemed to be in compliance with § 521(a)(1)(A).

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December 1, 20112

(3)

Confirmation Without a Hearing. If all timely filed objections to

confirmation are resolved, the trustee may recommend to the court that the plan be

confirmed without a hearing. If the court agrees, the confirmation hearing may be

stricken, an order confirming the plan may be entered, and debtors and debtors’ counsel

need not appear at the confirmation hearing.

(4)

Evidentiary Hearings on Confirmation. If parties intend to put on

evidence relating to confirmation of a plan, they should inform the court, the trustee, and

any objecting party of such intent and request from the court a separate, evidentiary

confirmation hearing.

(k)

Trustee Postconfirmation Motions to Dismiss. The trustee’s postconfirmation

motion to dismiss or notice of failure to comply must be served on the debtor and the debtor’s

attorney. Within 24 days after the motion or notice is mailed (21 days plus 3 days for mailing),

the debtor must take all of the following actions or the clerk shall enter an order dismissing the

case: (1) file an objection to the motion or notice; (2) set the objection for a hearing; and (3) give

notice of the hearing to the trustee.

(l)

Trustee’s Report of Claims. After the governmental claims bar date and after

claims have been reviewed by debtors’ counsel and/or the trustee, the trustee may file a Trustee’s

Report of Claims (“TROC”) that lists all claims and how they are treated under the plan. The

TROC will be served on the current mailing matrix. Any objection to the TROC must be filed

within 21 days. If there are no timely objections, the TROC will be deemed incorporated into

the confirmation order and will be binding on parties. If a timely objection is filed, the objecting

party shall forthwith set and notice the matter for a hearing.

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December 1, 20112

(m)

Request for Discharge. As soon as practicable after the completion of all

payments under the plan, the trustee shall file with the court and serve upon the debtor and

debtor’s counsel a Notice of Completion of Plan Payments. If debtor’s counsel asserts unpaid

fees or costs in a case, counsel must within 30 days of the filing of the Notice of Completion of

Plan Payments take the following actions: (1) file an objection to the Notice of Completion of

Plan Payments, (2) file an appropriate application for such fees and costs, and (3) serve a notice

of hearing on such application. Failure to timely comply with any of these requirements will

result in a waiver of all such fees. Within 60 days thereafter, the debtor shall file and serve on all

parties in interest a Verification and Request for Discharge in the form attached to these Local

Rules as Appendix E. If no written objection to the Verification and Request for Discharge is

filed within 21 days after service thereof, the court may enter a discharge pursuant to § 1328(a)

without further notice or hearing.

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December 1, 20112

RULE 2090-1

ATTORNEYS - ADMISSION TO PRACTICE

(a)

Bar of the Court. The bar of this court consists of attorneys admitted to practice

in the United States District Court for the District of Utah under DUCivR 83-1.1(b) and (c).

(b)

(b)

Participation of an Attorney Admitted to the Local Bar. An

attorney admitted to the bar of this court under DUCivR 83-1.1(b) and (c) and must comply with

all of the obligations imposed by these Local Rules and other applicable rules and standards,

including, without limitation:

(1) The responsibility to be present at all scheduled proceedings in which the

attorney intends to participate, including the first meeting of creditors, hearings, pretrial

conferences, and trial; and

(2) The responsibility to comply with all applicable rules of this court, including,

without limitation, Local Rule 5005-1, 5005-2, and 9073-1.

(c)

Other Permitted Appearances.

(1) Permitted appearances by non-admitted attorneys. Attorneys who are not

active members of the Utah State Bar but who are active members in good standing of

the bar of another state or of the bar of any federal court, may appear for the purpose of

attending and participating in a meeting of creditors without leave of the court. In all

other matters, such attorneys, but must obtain an order of the court pursuant to L.R.

2090-1(c)(2) for other matters.

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December 1, 20112

(2) Admission Pro Hac Vice. Attorneys who are not active members of the

Utah State Bar but who are active members in good standing of the bar of another U.S.

jurisdiction or of the bar of any federal court may be admitted in athe case by order of the

court. pursuant to the following procedures:

(A) Applicants must file a written motion for admission pro hac vice made

by an active member in good standing of the bar of this court. For nonresident

applicants, unless;

(B) The motion must include the case name and number, if any, of all

pending cases in this court in which the applicant is an attorney of record;

(C) Unless otherwise ordered by the court, the motion may be granted

only if the applicant associates an active local motion must include the following

information: the name, physical address, Utah State Bar identification number,

telephone number, and written consent of an active member of the bar of this

court with whom opposing attorneys and the court may communicate regarding

the case or proceeding and upon whom papers must be served..

(D) Attorneys admitted under this rule must comply with all applicable

rules of this court, including, without limitation, Local Rule 5005-1, 5005-2 and

9073-1; and

(E) All applicants must also comply with DUCivR 83-1.1(d)(1).

(c)

Participation of a Nonresident Attorney Admitted to the Local Bar. If an

attorney admitted to the bar of this court is a nonresident, he or she is not required to associate a

local attorney, but is required, on documents filed with the court, to provide an address for the

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December 1, 20112

attorney in this state as designated pursuant to Utah State Bar Rule 14.705(a)(11), in addition to

any applicable out of state address. The nonresident attorney will have all the responsibilities of

a resident attorney including, without limitation, the responsibility to be present in court, or to

have local counsel present, at all scheduled proceedings in which the attorney intends to

participate, including the first meeting of creditors, hearings, pretrial conferences, and trial.

(d)

Attorneys for the United States. ADUCivR. 83-1.1(e) applies to attorneys

representing the United States gGovernment or any agency thereof and who reside within this

district are required to be admitted to this court’s bar as set forth in DUCivR. 83-1.1(f).

(e)

Parties Appearing Without an Attorney. Any party proceeding on its own

behalf without an attorney will be expected to be familiar with and to proceed in accordance with

the rules of practice and procedure of this court and with the appropriate federal rules and

statutes that govern the action in which such party is involved.

(for instrumentality thereof.

(e)

Standards of Professional Conduct. All attorneys practicing before this court,

whether admitted as members of the court's bar, admitted pursuant to subsection (b) of this rule,

or otherwise permitted by the court, are governed by and must comply with these Local Rules

(including the requirement under Local Rule 5072-1(a) to act in a civil and professional manner)

and, unless otherwise provided, with the Utah Rules of Professional Conduct, as revised and

amended, and the decisions of this court interpreting those rules and standards.

(gf)

Student Practice. Any eligible law student who desires to enter an appearance in

any case or proceeding must file the applicable forms similar to Appendix VIII XI, IXXII and

XII of the District Court Rules of Practice with this court, must be familiar with the Bankruptcy

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December 1, 20112

Code, the Federal Rules of Bankruptcy Procedure and these Local Rules, and must comply with

DUCivR 83-1.6 (b), (c), (d) and (e).

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December 1, 20112

RULE 2090-2

ATTORNEYS - REGISTRATION

All members of the bar of this court are required to comply with DUCivR 83-1.2, and to

certify they are familiar with these Local Rules.

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December 1, 20112

RULE 2090-3

ATTORNEYS - DISCIPLINE AND DISBARMENT

Upon motion of a party or on its own initiative, the court may impose sanctions on an

attorney for violation of these Local Rules. Sanctions may include, but are not limited to, the

assessment of costs, attorney's fees, fines, striking pleadings, revocation of Filing User

privileges, or any combination thereof, against an attorney or a party. A person may also file a

complaint under DUCivR 83-1.5(h). The court or a trustee may refer under 18 U.S.C. § 3057

any appropriate matter regarding an attorney’s conduct to the United States Attorney's office for

action.

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December 1, 20112

RULE 2091-1

ATTORNEYS - SCOPE OF REPRESENTATION,

WITHDRAWAL AND SUBSTITUTION

(a)

Scope of Representation. A debtor’s attorney must represent the debtor in all

aspects of the case, including the meeting of creditors, adversary proceedings, motions filed

against the debtor, and post-confirmation matters. This requirement cannot be modified by

agreement. The court may deny fees or otherwise discipline an attorney for violation of this rule.

(b)

Withdrawal and Substitution. AUnless otherwise ordered by the court, an

attorney must file a written application seeking an order to withdraw or be substituted as attorney

in any case or proceeding. The application must set forth the reasons therefor, together with the

name, address, and telephone number of the client, as follows:

(1)

With Client's Consent. If the attorney has obtained the written consent of

the client, the consent must clearly advise the client of the requirements of subsection (e)

of this Rule and must be filed with the application and the application must be

accompanied by a separate proposed written order. The papers may be presented to the

court ex parte. The withdrawing attorney must give prompt notice of the entry of the

order to the client and to all other parties or their attorneys. An attorney representing a

governmental unit is not required to obtain a client’s signature to withdraw under this

provision.

(2)

Without Client's Consent. If the attorney has not obtained the written

consent of the client, the application must be served upon the client and all other parties

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December 1, 20112

or their attorneys. The application must be accompanied by a statement of the moving

attorney certifying that:

(A)

the client has been notified in writing of the status of the case or

proceeding, including the dates and times of any scheduled court proceedings,

pending compliance with any existing court orders, the client’s responsibilities

under subsection (e) of this Rule, and the possibility of sanctions; or

(B)

the client cannot be located or for whatever other reason cannot be

notified of the pendency of the application and the status of the case or

proceeding.

(c)

Withdrawal and Substitution After Hearing Before the Court or Trial Date

is Scheduled. An attorney may not withdraw after a hearing before the court has been scheduled

or trial date has been set in a case or proceeding, unless:

(1)

the application includes an endorsement that is signed

(A)

by a substituting attorney indicating that such attorney has been

advised of the hearing or trial date and will be prepared to proceed

with the hearing or trial; and or

(B)

by the client indicating that the client is advised of the time and

date and will be prepared for the hearing or trial; or

(C)

by the attorney certifying that he or she has advised the client in

writing of the hearing or trial date; and

(2)

the court is otherwise satisfied, for good cause shown, that the attorney

should be permitted to withdraw.

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December 1, 20112

(d)

Notification of Substituted Attorney. An application to substitute attorney must

state the address, telephone number, and, where applicable, Utah State Bar identification number

of the substituting attorney.

(e)

Responsibilities of Party Upon Removal. Whenever an attorney withdraws,

dies, is removed or suspended, or for any other reason ceases to act as attorney of record, the

party represented by such attorneywithin 21 days of the date such attorney ceases to act as

attorney of record, an attorney representing the client must file a notice of appearance or the

appointment of another attorney orclient must file a notice of his or her decision to appear

without an attorney within 21 days or before any further court proceedings are conducted. If

substituting another attorney, the party also must file the current telephone number, address, and,

where applicable, Utah State Bar identification number of the substituting attorney. If the party.

If the client is proceeding without an attorney, the partynotice must fileprovide his or her address

and, telephone number, and e-mail address, if one is available.

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December 1, 20112

RULE 3003-1

BAR DATE FOR FILING PROOF OF CLAIM OR

INTEREST IN CHAPTER 11 CASES

(a)

Bar Date in Chapter 11 Cases. Unless otherwise ordered by the court, in a

chapter 11 case, a proof of claim or interest is timely filed if it is filed not later than 90 days after

the first date set for the meeting of creditors under § 341 of the Code, or, if filed by a

governmental unit, not later than 180 days after the date of the order for relief.

(b)

Notification of Bar Date in Chapter 11 Cases. Unless otherwise ordered by the

court, the clerk’s office should state the bar dates for filing proofs of claim or interest on the

notice entitled “Notice of Commencement of Case under the Bankruptcy Code, Meeting of

Creditors, and Fixing of Dates” issued in chapter 11 cases.

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December 1, 20112

RULE 3007-1

OBJECTIONS TO CLAIMS

(a)

Notice of Objection to Claim. A party objecting to a claim must provide notice

of the objection and of the hearing on the objection to the claimant in accordance with Local

Rule 9013-1(d), Fed. R. Bankr. P. 3007, and Official Form 20B. A notice required by this rule

may include a statement that the objection may be granted without a hearing unless a response is

timely filed.

(b)

Response to Objection to Claim. A response to an objection to a claim must be

filed and served within the time period fixed by Local Rule 9006-1(b)(3). The objecting party

may file a reply to the response within the time period fixed by Local Rule 9006-1(c). The court

will conduct an evidentiary hearing if a response is timely filed. If a response is not timely filed,

the court may sustain the objection without a hearing pursuant to Local Rule 9013-1(e). It is the

responsibility of the objecting party to request a hearing and serve notice thereof on the holder of

the claim, on any party responding to the objection, and on the attorneys for these parties.

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December 1, 20112

RULE 3011-1

PROCEDURE FOR PAYMENT OF UNCLAIMED FUNDS

(a)

Requirements for Payment of Unclaimed Funds. The Court may not disburse

unclaimed funds without an application for payment of unclaimed funds, notice of the

application and a court order authorizing payment of unclaimed funds.

(b)

Application for Payment of Unclaimed Funds. The following documentation is

required in order to obtain a court order authorizing payment of unclaimed funds:

(1)

Requirements for individuals. An application for payment of unclaimed

funds should substantially conform to Local Form 3011 which is attached as Appendix

H. Claimant must submit a photocopy of a valid photo identification issued by a

government entity, such as a driver’s license or passport. The application shall include

the last four (4) digits of the claimants social security number.

(2)

Requirements for Assignee of Claimant or Representative of Estate of a

Deceased Claimant. An application for payment of unclaimed funds submitted by an

Assignee of Claimant or Representative of Estate of a Deceased Claimant should

substantially conform to Local Form 3011. If the claimant is an assignee, claimant must

provide documents establishing the chain of succession and assignment from the original

claimant as proof of entitlement to the funds. If the claimant is a representative of the

estate of a deceased claimant, certified copies of all probate documents to substantiate the

representative’s right to act on behalf of the decedent’s estate must be provided as proof

of entitlement. The assignee or the representative must comply with paragraph (1) above.

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December 1, 20112

(3)

Requirements for corporations. An application for payment of unclaimed

funds submitted by a corporation should substantially conform to Local Form 3011. In

addition, if the claimant is a successor corporation, claimant must provide documents

establishing the chain of succession of the original corporate claimant as proof of

entitlement to the funds. The application shall also include the tax identification number

of the corporate claimant.

(4)

Requirements for funds locators.

An application for payment of

unclaimed funds submitted by a funds locator should substantially conform to Local

Form 3011. In addition, the funds locator shall provide documentation establishing their

authorization to act on behalf of claimant. The application shall also include the tax

identification number or the last four digits of the claimant’s social security number.

(c)

Service of the Application. An application for payment of unclaimed funds and

a notice that any objection to the application must be filed within 21 days from the date of

mailing of the application shall be filed with the Bankruptcy Court Clerk”s office and mailed to

the debtor, debtor’s attorney, the trustee, the United States trustee, the United States Attorney for

the District of Utah and, if Claimant is not the original creditor or payee, the application and the

notice must be served on the individual or entity for whom the funds were deposited.

(d)

Order Authorizing Disbursement of Unclaimed Funds. If no objection is

timely filed, the Court shall issue an order authorizing the disbursement requested in the

application. If an objection to the application is timely received, the matter shall be referred to

the Court for determination.

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December 1, 20112

RULE 3022-1

FINAL REPORT/DECREE (CHAPTER 11)

(a)

Non-Individual. A chapter 11 plan filed by a non-individual should set a date,

not later than 1 year after the entry of the order confirming the plan, prior to which a final decree

closing the case will be entered under § 350 of the Code and Fed. R. Bankr. P. 3022. Not later

than 28 days before such date, the reorganized debtor should file, serve upon all interested

parties and set for hearing, a motion for a final decree. The motion must set forth evidence of

full administration for the purpose of entering the final decree. A party may object to entry of

the final decree prior to the date set forth in the plan or prior to the expiration of 1 year from the

entry of the order confirming the plan, whichever is earlier. The objection must be served on the

reorganized debtor and debtor's attorney and must be set for a hearing. If the plan of

reorganization does not provide a date certain for entry of a final decree or if the reorganized

debtor fails to timely file a motion for a final decree, the final decree may be entered by the

court, on or after 1 year from entry of the order confirming the plan. The decree must specify

that the case is closed upon entry of the final decree. The court may extend the time for entry of

the final decree upon motion and notice to all parties.

(b)

Individual. A final decree must be sought by an individual within 28 days after

completion of all payments under the plan. The final decree shall serve as a notice of the order

of discharge of the individual debtor once all payments under the plan are complete.

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December 1, 20112

RULE 4001-1

RELIEF FROM AUTOMATIC STAY

(a)

Motions for Relief from Stay. A motion for relief from the automatic stay must

be filed and served, with a notice of hearing, on the debtor, the debtor’s attorney, the trustee,

those parties designated in Fed. R. Bankr. P. 4001(a)(1), if applicable, and any codebtor and

codebtor's attorney. The notice must substantially conform to Official Form 20A and identify

the date by which objections must be filed and served. A notice required by this rule may

include a statement that the relief requested may be granted without a hearing unless an

objection is timely filed.

(b)

Objections to Motions for Relief from Stay. An objection to a motion for relief

from stay must be filed and served within the response period set forth in Local Rule 90061(b)(2). The objection must admit or deny each factual allegation of the motion. A factual

allegation is admitted for the purpose of the hearing on the motion unless the objecting party

denies the factual allegation, or sets forth the reason why the party cannot admit or deny the

factual allegation. The movant may file a reply to the response within the time period fixed by

Local Rule 9006-1(c).

(c)

Hearings on Motions for Relief from Stay. Hearings on motions for relief from

stay may be set as evidentiary hearings or a time for hearing objections to a motion for relief

from stay may be reserved on the courts law and motion calendar.

(1)

Set Hearing. If the movant obtains from the court a set date for the

hearing on its motion for relief from stay in accordance with Local Rule 9013-1, the

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December 1, 20112

hearing will be conducted as an evidentiary hearing. Unless otherwise ordered by the

Court, the parties should be prepared to present evidence and live testimony at the

hearing. The notice of hearing required under subsection (a) should state that the hearing

will be an evidentiary hearing. If an objection is not timely filed the moving party may

request, and the court may grant, the relief requested without a hearing pursuant to Local

Rule 9013-1(f).

(2)

Opportunity for hearing. If the movant reserves a time for hearing on its

motion for relief from stay on the court’s law and motion calendar in accordance with

Local Rule 9013-2, and if an objection is timely filed, the initial hearing will be

conducted as a preliminary hearing. At the preliminary hearing detailed offers of proof

should be made but no live testimony will be taken. The detailed offer of proof should

describe the evidence to be presented, what the evidence tends to show and identify the

grounds for admitting the evidence. If following the preliminary hearing there appears to

be no genuine issues of material fact, the court may rule on the motion. If genuine issues

of material fact are demonstrated at the preliminary hearing, the court may set the matter

for a final hearing, which may be an evidentiary hearing . If an objection is not timely

filed the moving party may request, and the court may grant, the relief requested without

a hearing pursuant to Local Rule 9013-2(f).

(d)

Waiver of Stay of Order Under Fed. R. Bankr. P. 4001(a)(3). Requests for

waiver or reduction of the automatic 14-day stay of an order granting a motion for relief from

stay shall set forth concisely but with specificity the basis for the proposed waiver or reduction

of the 14-day stay.

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December 1, 20112

RULE 4001-2

FINANCING MOTIONS AND ORDERS

(a)

Motions. Except as provided herein and elsewhere in these Local Rules, all

financing motions, including cash collateral and financing requests under §§ 363 and 364 of the

Code (“Financing Motions”), must be heard by motion filed under Fed. R. Bankr. P. 2002, 4001

and 9014.

(1)

Local Rule 4001-2 Disclosure. All Financing Motions must recite whether

the proposed order and/or underlying cash collateral stipulation or loan agreement

contains any extraordinary relief, including that listed in subsections (a)(1)(A) through

(a)(1)(G) below, identify the location of any such provision in the proposed order, cash

collateral stipulation and/or loan agreement, and state the justification for the inclusion of

such provision:

(A)

Provisions that grant cross-collateralization protection (other than

replacement liens or other adequate protection) to the prepetition secured

creditors (i.e., clauses that secure prepetition debt by postpetition assets in which

the secured creditor would not otherwise have a security interest by virtue of its

prepetition security agreement or applicable law);

(B)

Provisions or findings of fact that bind the estate or all parties in

interest with respect to the validity, perfection or amount of a secured creditor’s

prepetition lien or debt or the waiver of claims against the secured creditor

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December 1, 20112

without giving parties in interest at least 75 days from the entry of the order and

the creditors’ committee, if formed, at least 60 days from the date of its formation

to investigate such matters;

(C)

Provisions that seek to waive, without notice, whatever rights the

estate may have under § 552(b) of the Code;

(D)

Provisions that grant immediately to the prepetition secured

creditor liens on claims and causes of action arising under §§ 544, 545, 547, 548,

and 549 of the Code;

(E)

Provisions that deem prepetition secured debt to be postpetition

debt or that use postpetition loans from a prepetition secured creditor to pay part

or all of that secured creditor’s prepetition debt, other than as provided in

§ 552(b) of the Code;

(F)

Provisions that provide disparate treatment for professionals

retained by a creditors’ committee from that provided for professionals retained

by the debtor; and

(G)

Provisions that prime any secured lien, without the consent of that

lienor.

(2)

Summary. All Financing Motions must also provide a summary of the

essential terms of the proposed use of cash collateral and/or financing (e.g., the maximum

borrowing available on a final basis, the interim borrowing limit, borrowing conditions,

interest rate, maturity, events of default, use of funds limitations, and protections afforded

under §§ 363 and 364 of the Code).

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December 1, 20112

(b)

Interim relief. When Financing Motions are filed with the court on or shortly

after the date of the entry of the order for relief, the court may grant interim relief pending

review by interested parties of the proposed financing arrangements to avoid immediate and

irreparable harm to the estate. In the absence of extraordinary circumstances, the court will not

approve interim financing orders that include any of the provisions in subsection (a)(1)(A)

through (a)(1)(G) of this rule.

(c)

Final Orders. A final order on a motion under subsection (a) of this Local Rule

will be entered only after notice and a hearing under Fed.R.Bankr.P. 4001 and Local Rule 20021. Ordinarily, the final hearing should be held at least 14 days following the organizational

meeting of the creditors’ committee contemplated by § 1102 of the Code.

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December 1, 20112

RULE 4002-1

DUTIES OF DEBTOR

(a)

Filing of Changes of the Debtor’s Address. The debtor must file and serve on the

United States trustee, and the trustee, if any, every change of the debtor’s address until the case is

closed or dismissed.

(b)

Information Requested by the Trustee or by the United States Trustee. In

addition to financial information the debtor is required to provide as set forth in Fed. R. Bankr. P.

4002(b), the debtor must produce the following materials no later than 14 days after a written request

by the trustee or United States trustee:

(1)

bank statements, canceled checks, and checkbooks; and

(2)

any other documents, recorded information, or other information reasonably

necessary for the effective administration of the estate.

(c)

Documents Required to be Provided to the United States Trustee. Individual

chapter 7 debtors whose debts are primarily consumer debts and who are above the applicable State

Median Family Income as established by the Census Bureau shall provide to the United States

trustee within 14 days after the petition date a copy of the most recent Federal income tax return and

copies of all payments advices for the 6-month period ending on the last day of the calendar month

immediately preceding the date of the commencement of the case.

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December 1, 20112

(d)

Individual Debtor’s Failure to Provide Documentation at or Before Meeting of

Creditors.

(1)

In a chapter 13 case, the court may dismiss a voluntary case, except a case

that has been converted from a Chapter 7 case to a Chapter 13 case, pursuant to the

procedures set forth in Local Rule 2083-1(f) if the debtor fails to timely file or provide

documents in accordance with Local Rules 2083-1(d) and 2083-1(f).

(2)

In a case other than chapter 13, the court may dismiss a voluntary case, except

a case that has been converted from a chapter 11 case to a chapter 7 case, if the debtor fails

to timely provide any of the following documents:

(A) documents prescribed by and within the time frames set forth in section

521(e)(2)(A);

(B) documents prescribed by and within the times set forth in Fed. R. Bankr.

P. 4002(b); or

(C) documents prescribed by and within time frames set forth in subsections

(b) or (c) of this Local Rule.

If the debtor fails to timely provide any of the prescribed documents, the trustee may file a

notice of failure to comply and serve it on the debtor and the debtor’s attorney. If the debtor

fails to comply with subsection (c) the United States trustee may file a notice of failure to

comply and serve it on the debtor and the debtor’s attorney. If an objection to the trustee’s

notice is not filed within 21 days the notice is mailed, the clerk must enter an order

dismissing the case. The objecting party must set a hearing and give notice to parties in

interest as provided in Fed. R. Bankr. P. 2002(a)(4). If a hearing on the objection is not held

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December 1, 20112

within 40 days after the objection is filed, the clerk must enter the order of dismissal, unless

the court orders otherwise. In a chapter 7 case, the objection must also move for an

extension of the time fixed under Fed. R. Bankr. P.4007(c) and 4004(a) for filing a complaint

under §§ 523(c) and 727 of the Code, and the time fixed under Fed. R. Bankr. P. 4003(b)(1)

for filing objections to exemptions under § 522(l) of the Code.

(3)

In a joint case where only 1 spouse meets the requirements of Fed. R. Bankr.

P. 4002(b), the non-compliant spouse will be dismissed from the case.

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December 1, 20112

RULE 5001-1

CLERK - OFFICE LOCATION/HOURS

(a)

Office of Record. The court’s office of record is in the Frank E. Moss United States

Courthouse at 350 South Main Street, Salt Lake City, Utah 84101. The court also maintains an

unstaffed clerk's office and a chambers/courtroom facility in the Federal Building, 324 25th Street,

Ogden, Utah.

(b)

Hours of Business. Unless the court orders otherwise, the clerk’s office is open to

the public between the hours of 8:00 a.m. and 4:30 p.m. on all days except Saturdays, Sundays, and

legal holidays as set forth below:

-New Year's Day, January 1

-Birthday of Martin Luther King, Jr. (Third Monday in January)

-Presidents’ Day (Third Monday in February)

-Memorial Day (Last Monday in May)

-Independence Day, July 4

-Pioneer Day, July 24

-Labor Day (First Monday in September)

-Columbus Day (Second Monday in October)

-Veterans' Day, November 11

-Thanksgiving Day (Fourth Thursday in November)

-Christmas Day, December 25

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December 1, 20112

RULE 5003-1

THE CLERK’S AUTHORITY

(a)

Orders, Judgments and Other Documents. The clerk may sign his or her name,

unless directed by the court to sign or imprint the court’s facsimile signature and enter the following

without further directive from the court:

(1)

an order entering default for failure to plead or otherwise defend under Fed.

R. Bankr. P. 7055;

(2)

a subpoena for a party not represented by an attorney;

(3)

an order of discharge;

(4)

an order of dismissal, as directed by Local Rules 2003-1(a), 2082-1(b), 2083-

1(e) and 7041-1, or similar dismissal orders arising from the failure of the debtor to respond

to a motion to dismiss; and

(5)

any other order or document that does not require approval or order by the

court under Fed. R. Civ. P. 77(c).

(b)

Review of Clerk’s Actions. The court may review, suspend, alter or rescind the

clerk’s actions under this Local Rule.

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December 1, 20112

RULE 5003-2

ACCESS TO COURT PAPERS

(a)

Access. The public records of the court are available for examination in the clerk’s

office during the hours of business specified in Local Rule 5001-1. Public records may not be

removed from the clerk's office by members of the bar or the public except by order of the court, but

the clerk will make and furnish copies of official public court records upon request and upon

payment as required by the Bankruptcy Court Miscellaneous Fee Schedule or the Electronic Public

Access Fee Schedule issued by the Judicial Conference in accordance with 28 U.S.C. § 1930(b).

Access to public records is also available through the court’s website, www.utb.uscourts.gov, and

is available to the public free of charge utilizing access provided in the clerk’s office.

(b)

Electronic Filing System. A person may access case information at the court’s

website, www.utb.uscourts.gov, by obtaining a PACER log-in and password. A person who has

PACER access may retrieve docket sheets and documents. All attorneys admitted to practice before

the court must be Filing Users, unless the court orders otherwise.

(c)

Sealed or Impounded Papers. Papers ordered sealed or impounded by the court,

or subject to a court order under Fed. R. Bankr. P. 9037(d), are not public records within the

meaning of these Local Rules. Papers ordered sealed must be filed in paper format, and not

electronically, unless specifically authorized by the court. A motion to file documents under seal

may be filed electronically unless prohibited by law. The order of the court authorizing the filing

of papers under seal may be filed electronically unless prohibited by law. A copy of the order must

be attached to the papers under seal and be delivered to the clerk.

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December 1, 20112

RULE 5005-1

FILING REQUIREMENTS

(a)

Filing of Papers. Unless ordered otherwise, all Filing Users (as defined in Local

Rule 5005-2(b)) must file all papers required to be filed with the court electronically. Filers who

are permitted by these Local Rules to file in paper format should file all pleadings, motions,

proposed orders, and other papers with the clerk at the office of record in Salt Lake City, defined

in Local Rule 5001-1(a), during the hours of business set forth in Local Rule 5001-1(b); provided,

however, that when court is in session elsewhere in the district, such papers may be filed with the

clerk or with the court at the place where court is being held. In extraordinary circumstances, the

court may permit the filing of such papers with a judge or other court officer.

(b)

Date-Stamped Copies. A non-Filing User may, at the time of filing, present to the

clerk a copy of the paper filed and request the clerk to imprint the clerk's date stamp on the copy.

The date-stamped copy is prima facie evidence that the original was filed with the clerk on the date

indicated by the clerk's stamp. An electronic receipt produced by CM/ECF is prima facie evidence

of electronically filed documents.

(c)

Facsimile Filing. Papers transmitted to the court via facsimile are not acceptable for

filing and will not be docketed, but papers with facsimile signatures may be submitted for filing in

accordance with these Local Rules in connection with declarations, affidavits, and verifications. The

paper bearing the original signature must be retained by the filer in accordance with these Local

Rules.

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December 1, 20112

RULE 5005-2

FILING PAPERS- ELECTRONIC FILING

(a)

When Electronic Filing is Required.

Except as expressly provided or in

exceptional circumstances, a Filing User must file all papers required to be filed with the court

electronically. Notwithstanding the foregoing, filers who are not required by these Local Rules to

be Filing Users are not required to electronically file papers in a case or proceeding assigned to the

Electronic Filing System.

(b)

Eligibility and Registration of Filing Users and Applicable Rules. Attorneys

admitted to the bar of this court (including those admitted under Local Rule 2090-1(b)), United

States trustees and their assistants, bankruptcy administrators and their assistants, private trustees,

and individuals as the court deems appropriate, must register as Filing Users of the court’s

Electronic Filing System. No entities, such as law firms or corporations, may be Filing Users.

Registration is in a form prescribed by the clerk. A registration form is located on the court’s

website, www.utb.uscourts.gov, and should be downloaded for use in the registration process. The

form requires the Filing User’s name, address, telephone number, Internet e-mail address, and, in

the case of an attorney, a declaration that the attorney is admitted to the bar of this court, or in the

case of an attorney admitted under Local Rule 2090-1(b), a copy of the order granting the admission,

and an agreement of the Filing User to comply with the court’s usage protocols posted on the court’s

website, www.utb.uscourts.gov.

(1)

Unrepresented Parties. An individual in a pending case or proceeding who

is not represented by an attorney may register as a Filing User in the Electronic Filing

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December 1, 20112

System solely for the purposes of the case or proceeding. Registration is in a form

prescribed by the clerk and requires identification of the case or proceeding as well as the

name, address, telephone number and Internet e-mail address of the individual. If, during

the course of the case or proceeding, the individual retains an attorney who appears on the

party’s behalf, the attorney must advise the clerk to terminate the individual’s registration

as a Filing User upon the attorney’s appearance.

(21)

Waiver and Consent. Registration as a Filing User constitutes: (A) waiver

of the right to receive notice by first class mail and consent to receive notice electronically;

(B) waiver of the right to service by personal service or first class mail and consent to

electronic service, except with regard to service of a summons and complaint under Fed. R.

Bankr. P. 7004; and (C) consent to abide by the court’s posted usage protocols. Waiver of

service and notice by first class mail applies to notice of the entry of an order or judgment

under Fed. R. Bankr. P. 9022.

(32)

Log-in and Password. Once registered under subsection (c) of this rule and

training is complete, the Filing User will receive notification of a user log-in and password.

No Filing User or other person may knowingly permit or cause to permit a Filing User’s

password to be used by anyone other than an authorized agent of the Filing User.

(43)

Suspension and Termination. The court may temporarily suspend a Filing

User’s use of the Electronic Filing System for cause without notice and a hearing. After

notice and a hearing, the court may terminate a Filing User’s use of the Electronic Filing

System for cause, including abuse of the Electronic Filing System or failure to comply with

these Local Rules or the court’s posted usage protocols, and impose such sanctions as are

appropriate.

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December 1, 20112

(54)

Withdrawal. Once registered, a Filing User may only withdraw from

participation in the Electronic Filing System if such rights are suspended or terminated by

the court.

(c)

Consequences of Electronic Filing. A Filing User whose password is used to file

a petition, pleading, motion, claim or other document thereby certifies that the Filing User, whether

an attorney or a party appearing without an attorney, has authorized the filing.

(1)

Filing, Entry on the Docket, and Official Record. Electronic transmission of

a document to the Electronic Filing System consistent with these Local Rules, together with

the transmission of a Notice of Electronic Filing from the court, constitutes filing of the

document for all purposes of the Federal Rules of Bankruptcy Procedure and the Local

Rules, and constitutes entry of the document on the docket kept by the clerk under Fed. R.

Bankr. P. 5003. When a document has been filed electronically, the official record is the

electronic recording of the document as stored by the court, and the filing party is bound by

the document as filed, unless the court orders otherwise. A document filed electronically is

deemed filed at the date and time stated on the Notice of Electronic Filing from the court.

(2)

Deadlines. Filing a document electronically does not alter the filing deadline

for that document. Filing must be completed before midnight local time where the court is

located in order to be considered timely filed that day.

(d)

Attachments and Exhibits. Filing Users must submit in electronic form all

documents referenced as exhibits or attachments, unless the court permits conventional filing. A

Filing User must submit as exhibits or attachments only those excerpts of the referenced documents

that are germane to the matter under consideration by the court. Excerpted material must be clearly

and prominently identified as such. Filing Users who file excerpts of documents as exhibits or

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December 1, 20112

attachments under this rule do so without prejudice to their right to timely file additional excerpts

or to file the complete document electronically. Responding parties may timely file additional

excerpts electronically or complete documents conventionally that they believe are germane.

(e)

Retention Requirements. Documents that are electronically filed and require

original signatures other than that of the Filing User must be maintained in paper form by the Filing

User until 5 years after all time periods for appeals expire. On request of the court, the Filing User

must provide original documents for review.

(f)

Signatures. The user log-in and password required to present documents on the

Electronic Filing System are the Filing User’s signature for all purposes, including 18 U.S.C. § 151

et seq., 28 U.S.C. § 1746, all sections of the Bankruptcy Code, Fed. R. Bankr. P. 9011 and all other

provisions of the Federal Rules of Bankruptcy Procedure, and the Local Rules. Each document filed

electronically must include a caption in compliance with Local Rule 9004-1(a). The name of the

Filing User under whose log-in and password the document is submitted must be preceded by an

“/s/” and typed in the space where the signature would otherwise appear in the signature block, or

by a graphical signature.

(1)

Unauthorized Use. No Filing User or other person may knowingly permit or

cause to permit a Filing User’s password to be used by anyone other than an authorized

agent of the Filing User.

(2)

Multi-Signature Documents. Documents requiring signatures of more than

1 party must be electronically filed either by: (A) submitting a scanned document containing

all necessary signatures; (B) representing the consent of the other parties on the document;

(C) identifying on the document the parties whose signatures are required and by the

submission of a notice of endorsement by those parties no later than 3 business days after

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December 1, 20112

filing the document; or (D) in any other manner approved by the court on a case by case

basis.

(g)

Technical Failures. A Filing User or other party whose filing is made untimely as

the result of a technical failure may seek appropriate relief from the court.

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December 1, 20112

RULE 5005-3

FILING PAPERS - SIZE AND FORM OF PAPERS

(a)

Size. The original of all pleadings, motions, and other papers electronically filed

must be on 8-1/2 x 11 inch white paper, with a top margin of not less than 1-1/2 inch, a left-hand

margin of not less than 1 inch, and plainly typewritten or printed in not less than 12 point type on

only one side of each page. All orders presented for filing must have a top margin of not less than

2-1/2 inches on the first page.

(b)

Form. Originals and copies of all papers must be double-spaced except for quoted

material, footnotes, and form documents approved by the court. Each page must be numbered

consecutively at the bottom of the page. This format may vary to comply with any applicable forms

adopted by this court or prescribed by the Judicial Conference of the United States. Service copies

may not be reduced by more than 2 reduced pages per printed side.

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December 1, 20112

RULE 5007-1

RECORD OF PROCEEDINGS AND TRANSCRIPTS

A certified sound recording or a transcript of a proceeding, including a §341 meeting, that

is to be filed with or otherwise presented to the court for any purpose must be certified by a court

reporter certified by the National Court Reporters Association.

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December 1, 20112

RULE 5072-1

DECORUM

(a)

Civility.

Attorneys and parties should conduct themselves in bankruptcy

proceedings, including meetings of creditors and discovery proceedings, in a civil and professional

manner.

(b)

Courtroom Conduct of Attorneys.

(1)

Unless the court permits otherwise, only 1 attorney for each party may

examine or cross-examine a witness and not more than 2 attorneys for each party may argue

the merits of the action.

(2)

To maintain decorum in the courtroom when court is in session, attorneys

must abide strictly by the following rules, unless the court permits otherwise:

(A)

Attorneys must stand when addressing the court and when examining

and cross-examining witnesses.

(B)

Attorneys must not address questions or remarks to an opposing

attorney without first obtaining permission from the court. Appropriate and quiet

informal consultations among attorneys off the record are not precluded if this does

not delay or disrupt the progress of the proceedings.

(C)

The examination and cross-examination of witnesses must be limited

to questions addressed to witnesses.

Attorneys must not make statements,

comments, or remarks prior to asking a question or after a question has been

answered.

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December 1, 20112

(D)

In making an objection, an attorney must state plainly and briefly the

specific ground for an objection and must not engage in argument unless requested

or permitted by the court.

(E)

Only 1 attorney for each party may object to the testimony of a

witness being questioned by an opposing party. The objection must be made by the

attorney who has conducted or is to conduct the examination of the witness.

(F)

Attorneys must examine a witness from the attorney’s table or the

lectern, unless necessary to approach the witness or the clerk's desk to present or

examine an exhibit.

(c)

Courtroom Argument. The court may determine the length of time and the

sequence of final arguments of the parties. The party having the primary burden of proof must open

and close the final arguments unless the court directs otherwise.

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December 1, 20112

RULE 5080-1

FEES - GENERAL

(a)

Payment of Fees. As authorized by § 1930 of title 28 of the United States Code, the

clerk must collect filing and other fees as prescribed by the Judicial Conference of the United States.

All papers filed with the court must be accompanied by the appropriate fee. Fees may be paid in

cash, money order, cashier's check, credit card, electronic funds transfers approved by the clerk, or

a check drawn on the account of the filing attorney made payable to “Clerk, U.S. Bankruptcy

Court.” Checks from debtors will not be accepted.

(b)

Dishonored Payments. If a payor’s check is dishonored, or if a credit card payment

or electronic funds transfer that was initially accepted is rejected, the payor’s name will be placed

on the court’s dishonored payment register for a period of 3 years. A payor whose name appears

on the register will have check, credit card, or electronic funds transfer privileges revoked and must

pay all fees in cash, money order, or cashier's check. The payor will also be required to pay the

dishonored check fee or any other related fee authorized by the Judicial Conference of the United

States. A payor’s name may be removed from the register upon presentation to the clerk of a letter

from the drawee bank or credit card provider indicating that the check was dishonored or credit card

payment or electronic funds transfer rejected due to bank or provider error. Alternatively, a payor’s

check, credit card, or electronic funds transfer privileges will be reinstated upon posting an

appropriate bond with the court. The payor's name will be removed from the court's dishonored

payment register after 1 year of posting bond if the payor has not tendered any checks during that

time that have been dishonored and if all credit card payments and electronic funds transfers have

cleared.

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December 1, 20112

(c)

Application for Waiver of Chapter 7 Filing Fee. A chapter 7 debtor seeking a fee

waiver under 28 U.S.C. § 1930(f) must file a fee waiver using Official Form 3B. The court may

grant, deny, or set the fee waiver application for hearing. If the court denies the fee waiver

application, notice will be given to the debtor giving the debtor 14 days after the notice is sent to pay

the filing fee in full, submit an application to pay in installments, or to request a hearing. The clerk

will enter an order dismissing the case if the debtor fails to act within the 14 days. If a hearing is

requested and granted, the court will schedule a hearing with 14 days’ notice to the United States

trustee, panel trustee, and the debtor. The clerk will enter an order dismissing the case if the debtor

fails to appear at the scheduled hearing. If a hearing is requested and denied, the debtor has 10 days

to pay the filing fee in full, submit an application to pay in installments, or appeal, or the clerk will

enter an order dismissing the case. If an order denying a fee waiver application is appealed and

affirmed, the debtor has 14 days to pay the filing fee or submit an application to pay in installments,

or the clerk will enter an order dismissing the case.

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December 1, 20112

RULE 5090-1

VISITING JUDGES

In all matters assigned to a visiting judge, parties must keep the assigned scheduling clerk

informed of developments affecting settlements, postponements, or lengths of time needed

before the court. A party must report any developments no later than 7 days before the date the

matter is scheduled before the court.

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December 1, 20112

RULE 6005-1

STANDING AUCTIONEERS

(a)

General. This court may appoint any number of standing auctioneers by application

of the auctioneer after review by the United States trustee and order of the court. The United States

trustee must maintain a list of all current appointed standing auctioneers.

(b)

Appointment. To be appointed as a standing auctioneer, an auctioneering company,

whether a sole proprietorship, partnership, or corporation must show, by declaration submitted to

the United States trustee, that at least 1 person employed by such company has met the following

qualifications:

(1)

The candidate has 3 or more years of experience as an active auctioneer

during the 4 year period prior to making the application. “Active auctioneer” experience is

defined as devoting the majority of such person's work time to the auctioneering business,

including the preparation for, promoting of, and conducting of auctions;

(2)

The candidate is duly licensed by a state, municipality, or some other

governmental entity;

(3)

The candidate is at least 21 years of age;

(4)

The candidate has not been convicted of any felony or misdemeanor

involving forgery, embezzlement, obtaining money under false pretenses, extortion,

conspiracy to defraud, or other like offenses;

(5)

The auctioneering company maintains property damage and theft coverage

of no less than $100,000, or in a higher amount if requested by the United States trustee.

The policy must cover only estate property;

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December 1, 20112

(6)

The auctioneering company maintains an on-site liability insurance policy

with limits for bodily injury of at least $100,000 per person and $300,000 per occurrence;

and

(7)

The auctioneering company has posted or will post with the United States

trustee a $100,000 bond in favor of the United States and conditioned on the faithful

performance of its official duties.

(c)

Letters of Reference. In addition to the declaration required under subsection (b)

of this rule, the candidate must submit letters of reference from at least 2 individuals, other than

relatives, who have personal knowledge of the candidate's honesty, truthfulness, and good repute

as an auctioneer. If the applicant meets the requirements of this rule, the United States trustee may

certify the applicant to the list of current standing auctioneers.

(d)

Effect of Appointment. Trustees may, subject to the limits of § 327(a) of the Code,

use any of the standing auctioneers to liquidate personal property of the estate, without further

permission of the court. The fact that an auctioneer has been certified to the list of standing

auctioneers should not be construed as an order directing the trustees to employ the auctioneer.

Trustees retain the privilege of selecting, subject to the requirements of § 327 of the Code,

auctioneers and others to serve the estate.

(e)

Procedure for Sales by Appointed Standing Auctioneers.

The following

procedures apply to all sales held by a standing auctioneer:

(1)

The auctioneer must comply with any order regarding the sale;

(2)

The auctioneer must give appropriate public notice of the sale and give the

trustee evidence of the notice with the final accounting;

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December 1, 20112

(3)

The auctioneer must not, without the trustee's consent, incur expenses for

transporting property. Unless otherwise agreed or ordered, the debtor must transport

property to the auctioneer;

(4)

All sales must be for cash, unless the trustee directs otherwise; and

(5)

Immediately after the sale, the auctioneer must forward the proceeds, less a

commission, to the trustee with a full accounting.

(f)

Commissions. The commission of any standing auctioneer must not exceed 15% of

the gross proceeds of the sale, with the exact rate to be negotiated by the trustee and the standing

auctioneer on a case-by-case basis.

(g)

Expenses. Notwithstanding the limitation on compensation set forth in subsection

(f), if a standing auctioneer, at the express direction of the trustee, incurs expenses related to the sale

of property, he or she is entitled to reimbursement for actual expenses out of the estate.

(h)

Removal and Resignation.

(1)

General. A standing auctioneer must notify the court and the United States

trustee immediately if he or she no longer qualifies for certification to the list of standing

auctioneers. A standing auctioneer may tender his or her resignation at any time by

submitting it in a writing to the United States trustee. In that event, the United States trustee

must remove the name from the list and notify panel trustees.

(2)

Removal for Cause. The court may remove any standing auctioneer for

cause.

(i)

Hearings on Sales Conducted by a Standing Auctioneer. A hearing scheduled on

a sale to be conducted by a standing auctioneer may be stricken if no objection to the sale is timely

filed.

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December 1, 20112

RULE 6007-1

ABANDONMENT

The trustee or debtor in possession is relieved of the notice requirement imposed by Fed. R.

Bankr. P. 6007(a) where the property to be abandoned does not exceed $2,500 in total value. A

general notice of abandonment given orally by the trustee at a first meeting of creditors in a

chapter 7 case, is, absent an objection made within 14 days, sufficient notice of any abandonment

determined by the trustee to be appropriate thereafter.

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December 1, 20112

RULE 6070-1

TAX RETURNS AND TAX REFUNDS

(a)

Tax Requirements in Chapter 11, 12 and 13 Cases. Debtors in possession,

chapter 11 trustees, and chapter 12 and 13 debtors, are subject to the requirements and regulations

of the Internal Revenue Service and any applicable state or local taxing authority. Debtors who are

not required to collect federal taxes as described in subsection (1) below and are not required to

collect state and local taxes as described in subsection (2) below are required to comply only with

subsection (6) below.

(1)

Federal Taxes. The debtor, debtor in possession or the trustee must comply

with the Internal Revenue Code and regulations regarding withholding of taxes from the

wages of employees, the payment of the employer's FICA and FUTA tax liabilities, the

making of deposits of such taxes, and the filing of employment tax returns as well as any

excise or income tax returns for which the estate is liable.

(2)

State Taxes. The debtor, debtor in possession or the trustee must comply with

the laws and regulations of any applicable state or local taxing authority regarding

withholding of taxes from the wages of employees; the collection and remittance of other

types of tax which the estate is required to collect, deposit with, or remit to any applicable

state or local taxing authority; the payment of unemployment insurance contributions to the

appropriate state or local taxing authority; and the timely filing of returns accounting for the

same.

(3)

Trust Accounts. Within 21 days after the petition date, the debtor in

possession or trustee must open separate bank trust accounts for the Internal Revenue

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December 1, 20112

Service and for each applicable state and local taxing authority for all tax deposits. Only the

tax deposits due each entity are to be made into these trust accounts as they accrue each pay

period. A chapter 12 or 13 debtor must provide the applicable trustee proof of such trust

accounts at the § 341 meeting.

(4)

Notification. The debtor in possession or trustee should notify the Internal

Revenue Service and each state or local taxing authority of the location and account numbers

of the respective trust accounts opened under subsection (a)(3) of this rule. The notices

should be sent within 7 days after the date the account is opened. Notices to the Internal

Revenue Service, the Utah State Tax Commission, and the Utah Department of Workforce

Services must be mailed or delivered to addresses cited in Local Rule 2002-1(h).

(5)

State Deposit Verification. The debtor, debtor in possession or trustee must,

if applicable, file the Utah State Tax Commission's Verification of Taxpayer Deposit at the

address shown in Local Rule 2002-1(h) within 7 days after making the required deposit.

(6)

Filing and Payment. The debtor, debtor in possession or trustee must: (A)

timely file any required tax returns with the Internal Revenue Service; (B) timely file any

required tax returns with any applicable state or local taxing authority; (C) timely file

unemployment insurance contribution reports with applicable state or local authorities; and

(D) pay taxes on a current basis. Returns and reports filed with and payments made to the

Internal Revenue Service, the Utah State Tax Commission and the Utah Department of

Workforce Services should be delivered to the addresses stated in Local Rule 2002-1(h), not

to the regular addresses for filing the returns and reports.

(b)

Tax Returns in Chapter 12 Cases. The chapter 12 debtor must, at least 30 days

before the first day required by law for the filing of the debtor's federal tax return(s), forward to the

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December 1, 20112

trustee a full and complete copy of the federal tax return(s) for each preceding year or portion

thereof while the case is pending.

(c)

Tax Returns in Chapter 13 Cases.

(1)

A chapter 13 debtor must, no later than the day before the date on which the

meeting of creditors is first scheduled to be held, file with the appropriate tax authorities, any

and all tax returns required under applicable nonbankruptcy law for all taxable periods ending

during the four year period before the filing of the petition.

(2)

A chapter 13 debtor must provide, not later than 7 days before the date first

set for the first meeting of creditors, to the trustee a copy of the Federal and state income tax

returns required under applicable law (or at the election of the debtor, a transcript of such

return) for the most recent tax year ending immediately before the commencement of the case

and for which a Federal or state income tax return was filed.

(3)

No later than the day before the date on which the meeting of creditors is first

scheduled to be held, the debtor must file and serve on the trustee a declaration regarding tax

returns in the form attached hereto as Appendix D.

(4)

The debtor may request from the court an order extending the time period set

forth in this subsection on notice to the trustee and applicable taxing authority. If the debtor

fails to comply with paragraphs (1), (2) or (3) of this subsection in the time period therein or

as extended by the court, the case may be dismissed under the procedures set forth in Local

Rule 2083-1(f).

(d)

Modification of the Automatic Stay for Certain Assessments and Refunds of

Taxing Entities. Unless a party in interest objects and the court orders otherwise, the stay of § 362

of the Code is modified to provide for the following assessments and refunds in any case filed in this

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district. The Internal Revenue Service, Utah Tax Commission, and the Utah Department of

Workforce Services are authorized to:

(1)

assess tax liabilities reflected on voluntary filed tax returns and tax returns

prepared under authority of applicable statutory provisions; and

(2)

make refunds in the ordinary course of business to debtors who have filed

cases under chapter 9, 12 or 13, to trustees appointed in chapter 7 and 11 cases, or, if a

trustee has not been appointed in a chapter 11 case, to the debtor in possession.

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December 1, 20112

RULE 7003-1

COVER SHEETS IN ADVERSARY PROCEEDINGS

A properly completed adversary proceeding cover sheet must be filed with the clerk at the

commencement of each adversary proceeding unless the complaint is filed electronically. Unless

documents are filed electronically, a properly completed civil cover sheet must be filed with the clerk

with each notice of appeal and motion to withdraw the reference. Copies of the appropriate cover

sheets may be obtained from the clerk.

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December 1, 20112

RULE 7005-1

FILING OF DISCOVERY MATERIALS

In accordance with Fed. R. Civ. P. 5(d) and Fed. R. Bankr. P. 7005, disclosures under Fed.

R. Civ. P. 26(a)(1) or (2) and Fed. R. Bankr. P. 7026, deposition transcripts and the following

discovery requests and responses must not be filed until they are used in a case or proceeding or the

court orders filing: (1) interrogatories, (2) requests for documents or to permit entry upon land, and

(3) requests for admission. A party must file a notice of service of the foregoing materials on

opposing parties. Filing the notice of taking deposition required by Fed. R. Bankr. P. 7030 satisfies

the requirement of filing a notice of service with respect to depositions. This rule does not preclude

the use of discovery materials at a hearing or at trial or as exhibits to motions. Local Rule 9070-1

governs the custody and disposition of discovery materials introduced as trial exhibits. The originals

of all discovery items covered by this rule and not filed with the court must be held by the party

propounding them as custodian for the court.

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RULE 7016-1

PRETRIAL PROCEDURES

(a)

Initial Pretrial Conference. After the initial appearance of a defendant, the clerk

must notify the parties of the date, time, and place of the initial pretrial conference under Fed. R.

Bankr. P. 7016.

(b)

Parties’ Planning Conference. Under Fed. R. Civ. P. 26(f) and Fed. R. Bankr. P.

7026, the parties must confer as soon as practicable and in any event at least 21 days prior to the

initial pretrial conference, and must prepare a Report of Parties’ Planning Meeting which conforms

substantially with Form 35, a copy of which is attached as Appendix A to these Local Rules. No later

than 14 days after the parties’ planning conference, the parties are jointly responsible for filing Form

35 with the court.

(c)

Scheduling Order. At the conclusion of the initial pretrial conference, the court will

enter a scheduling order in accordance with Fed. R. Bankr. P. 7016. Included in the scheduling order

will be modifications of discovery requirements as the court deems appropriate. Unless otherwise

ordered by the court, the requirements of the scheduling order, including deadlines, continue in force

until disposition of the proceeding.

(d)

Expedited Adversary Proceeding. At the initial pretrial conference, if the amount

of the controversy is $15,000 or less, or by consent of the parties, the court may order that the trial

be scheduled on an expedited basis. The scheduling order will govern the procedure to be followed

before and during an expedited trial.

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(e)

Supplemental Pretrial Conferences. At the request of a party or on the court’s own

motion, the court may schedule a supplemental pretrial conference to expedite disposition of the

adversary proceeding particularly if it involves complex facts or unusual delay.

(f)

Attorneys’ Conference. At a time to be fixed during the initial pretrial conference,

or, if no time is fixed, at least 14 days prior to the final pretrial conference, the attorneys for the

parties must hold an attorneys’ conference to discuss settlement, a proposed pretrial order, stipulated

facts, exhibit list, witness list, and other matters that will aid in an expeditious and productive final

pretrial conference and the preparation of an accurate, complete, and definitive pretrial order.

(g)

Final Pretrial Conference. The court may schedule a final pretrial conference. The

trial attorney must attend the final pretrial conference. Preparation for the final pretrial conference

should be in accordance with Fed. R. Bankr. P. 7016.

(h)

Pretrial Order. At the time ordered by the court, the plaintiff must submit to the

court for execution a proposed pretrial order approved by all attorneys. The form of the pretrial order

should generally conform to the approved form attached as Appendix B to these Local Rules. If the

attorneys are unable to agree on a proposed pretrial order, each attorney must state his or her

contentions as to the portion of the pretrial order upon which no agreement has been reached. The

court will then determine a final form for the pretrial order and advise the parties. Thereafter, the

order will control the course of the trial and may not be amended except by consent of the parties and

the court or by order of the court to prevent manifest injustice. The pleadings will be deemed merged

into the order. The court may dismiss an adversary proceeding if the pretrial order is not filed within

the time fixed by the scheduling order. The pretrial order shall not excuse any party or that party’s

attorney from any of the requirements set forth in any scheduling order.

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RULE 7026-1

DISCOVERY - GENERAL

(a)

Attorney Managed Discovery. To curtail undue delay in the administration of

justice, the court may refuse to hear any and all motions related to discovery under Fed. R. Bankr.

P. 7026 through 7037 relevant to the claim or defense of any party, unless the moving attorney first

advises the court in writing that, having conducted personal consultation and having attempted in

good faith to resolve differences, the parties are unable to reach an accord on matters to be heard.

The statement must also recite the date, time, and place of the consultation, and the names of all

participating parties or attorneys.

(b)

Court Managed Discovery. Upon motion of any party and for good cause, the court

may order discovery relevant to the subject matter of the case or proceeding.

(c)

Form of Certain Discovery Documents. Parties responding to interrogatories

pursuant to Fed. R. Civ. P. 33 and Fed. R. Bankr. P. 7033; requests for production of documents or

things pursuant to Fed. R. Civ. P. 34 and Fed. R. Bankr. P. 7034; or requests for admission pursuant

to Fed. R. Civ. P. 36 and Fed. R. Bankr. P. 7036 shall repeat in full each such interrogatory or request

to which the response is made. The parties also shall number sequentially each interrogatory or

request to which response is made.

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RULE 7041-1

DISMISSAL - VOLUNTARY AND FOR LACK OF PROSECUTION

(a)

Voluntary Dismissal. Notices of dismissal and stipulations to dismiss submitted

under Fed. R. Civ. P. 41, as made applicable under Fed. R. Bankr. P. 7041, should be accompanied

by a written order of dismissal.

(b)

Dismissal for Lack of Prosecution. At any time, the court may issue an order to

show cause why an adversary proceeding should not be dismissed for lack of prosecution. If good

cause is not shown within the time prescribed by the order to show cause, the court may enter an

order of dismissal with or without prejudice, as the court deems proper.

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RULE 7052-1

FINDINGS AND CONCLUSIONS

Except as otherwise directed by the court, in all non-jury proceedings, the attorney for each

party must prepare and lodge with the court, at least 2 days before trial, proposed findings of fact and

conclusions of law consistent with the theory of the submitting party and the facts expected to be

proved. Proposed findings must be concise and direct, recite ultimate rather than mere intermediary

evidentiary facts, and be suitable in form and substance for adoption by the court. The court, in its

discretion, may require each party within the same time frame to submit proposed findings of fact and

conclusions of law electronically by delivery of a CD or similar electronic storage medium.

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RULE 7054-1

COSTS - TAXATION/PAYMENT

(a)

Bill of Costs. Within 21 days after the entry of final judgment, a party entitled to

recover costs must file a bill of costs, on a form available from the clerk, and a verification of bill of

costs under § 1924 of title 28 of the United States Code, and serve such documents on the attorneys

of record of all adverse parties. The bill of costs must clearly and concisely itemize and describe the

costs, checks, money orders, or other forms of payment, and must include copies of applicable

invoices, receipts, and disbursement instruments. Failure to itemize and verify costs may result in

their disallowance.

(b)

Objections to Bill of Costs. A party objecting to a bill of costs must file an

objection, supported by declarations and documentation, and serve the attorney of record for all

adverse parties within 14 days after service of the bill of costs. Upon timely objection, a hearing may

be scheduled to review the bill of costs and the objection.

(c)

Taxation of Costs. If no objection is timely filed, the clerk must tax the costs and

allow such items as are taxable under law. Costs taxed by the clerk will be included in the judgment

or decree.

(d)

Judicial Review. Taxation of costs by the clerk is subject to review by the court if,

under Fed. R. Bankr. P. 7054(b), a motion for review is filed within 7 days after entry of the clerk's

action.

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RULE 7055-1

DEFAULT - FAILURE TO PROSECUTE

(a)

Judgment by Default Entered by Clerk. A proposed judgment by default filed in

accordance with Fed. R. Bankr. P. 7055 for signature and entry by the clerk in accordance with that

rule and Local Rule 5003-1(a)(1) must be accompanied by a declaration that the person against whom

judgment is sought is neither an infant or an incompetent person, nor in the armed forces within the

meaning of the Soldiers' and Sailors' Civil Relief Act of 1940, 50 U.S.C. § 520(1).

(b)

Judgment by Default Entered by Court. In all other cases, the party entitled to a

judgment by default must apply to the court in accordance with Fed. R. Bankr. P. 7055. Upon

application of any party, the clerk may make and file a certificate of default as to any party in default,

for the convenience of the court or of the party applying for the default judgment. When the

application is made to the court, unless the court orders otherwise, the scheduling clerk, upon request

of the movant, must schedule an evidentiary hearing. If the party against whom judgment by default

is sought has appeared in the proceeding, the party seeking the default shall give notice of the hearing

to the attorney for the party as required by Fed. R. Bankr. P. 7055. With leave of the court, proof

may be submitted by declaration, but the court may order further hearing at its discretion.

(c)

Clerk's Action Reviewable. The actions of the clerk under this rule may be

reviewed, suspended, altered or rescinded by the court.

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RULE 7056-1

SUMMARY JUDGMENT

(a)

Fact Statement. A memorandum in support of a motion for summary judgment must

begin with a section that contains a concise statement of material facts as to which movant contends

no genuine issue exists. The movant must number the factual statements and refer with particularity

to the portions of the record supporting the motion.

(b)

Contested Facts. A memorandum in opposition to a motion for summary judgment

must begin with a concise statement of material facts to which the party contends there is a genuine

issue. The responding party must number each disputed fact, refer with particularity to the portions

of the record upon which the party relies, and, if applicable, state the paragraph number of movant’s

disputed fact. Material facts of record that are set forth with particularity in movant's statement of

facts and that meet the requirements of Fed. R. Bankr. P. 7056 are admitted for the purpose of

summary judgment unless specifically controverted by the statement of the opposing party.

(c)

Filing Deadlines, Length of Memoranda and Reply Memoranda. A memorandum

opposing a motion for summary judgment must be filed and served within 21 days after service of

the motion. Memoranda supporting or opposing a motion for summary judgment must not exceed

25 pages in length, exclusive of face sheet, table of contents, statements of issues and facts, and

exhibits. At movant’s discretion, a reply memorandum of no more than 10 pages, exclusive of face

sheet, table of contents, statements of issues and facts, and exhibits, may be filed and served within

7 days after service of the opposing memorandum. A reply memorandum must be limited to rebuttal

of matters raised in the opposing memorandum. No additional memoranda will be considered

without leave of court. The time limitations set forth in this rule may be modified by the court.

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RULE 7067-1

REGISTRY FUND

(a)

Court Orders Relating to Deposits. A party making a deposit under Fed. R. Bankr.

P. 7067 in an adversary proceeding or a deposit in a case, may apply to the court for an order to invest

the funds in accordance with this rule.

(b)

Registry Funds Invested in Interest-Bearing Accounts. Upon motion and in

accordance with Fed. R. Bankr. P. 7067 or other authority, the court may order the clerk to invest

certain registry funds in an interest-bearing account or instrument. When guaranteed government

securities are purchased, regardless of the amount invested, the funds require no posting of collateral.

All other investments must be collateralized in accordance with the Department of Treasury’s

regulations. The order must also specify the following:

(1)

the amount to be invested;

(2)

the length of time the funds should be invested and, where applicable, whether

they should be reinvested in the same account or instrument upon maturity;

(3)

the name(s) and address(es) and social security number(s) or tax identification

number(s) of the designated beneficiary(ies); and

(4)

(c)

other information that is appropriate under the circumstances.

Service Upon the Clerk. A copy of the order must be served personally upon the

clerk or chief deputy clerk, with an additional copy provided to the court’s financial department.

(d)

Deposit of Funds. The clerk must take all reasonable steps to deposit funds into the

specified accounts or instruments within, but not more than, 14 business days after service of a copy

of the order.

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(e)

Disbursements of Registry Funds. A party seeking a disbursement of funds must

prepare an order for the court's review and signature and must serve the signed order upon the clerk

or chief deputy clerk. If applicable, the order should indicate whether, when released by the court,

the instruments of investment should be redeemed subject to possible early withdrawal penalties or

held until the maturity date. The clerk or chief deputy clerk must prepare the withdrawal documents

under the order.

(f)

Management and Handling Fees. Unless otherwise negotiated by the parties, funds

invested under subsection (b) of this rule will be subject to routine management fees imposed by the

financial institution and deducted at the time the accounts are closed or the instruments redeemed.

In addition, under the miscellaneous fee schedule approved by the Judicial Conference of the United

States as set forth in § 1930 of title 28 of the United States Code, the clerk must assess a “Registry

Fund Fee.” The fee is to be determined and promulgated by the Director of the Administrative Office

of the United States as authorized by the Judicial Conference of the United States.

(g)

Verification of Investment. A party that obtains an order directing the investment

of funds by the clerk should verify that the funds have been invested as ordered.

(h)

Liability of the Clerk. Failure of a party to personally serve the clerk or chief deputy

clerk with a copy of the order, or failure to verify investment of the funds within 7 days after the

expiration of the time period set forth in subsection (d) of this rule, will release the clerk from any

liability for the loss of earned interest on such funds.

(i)

Cash Bonds. If a person other than a party posts a cash bond with the clerk, the party

for whom the bond is posted must execute and file an agreement with such person setting forth the

intended disposition of the cash deposit by the clerk upon release of the cash bond. No deposit of

funds will be allowed unless an order allowing or requiring it has been entered.

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RULE 7069-1

EXECUTION OF JUDGMENT

(a)

Domestication of Judgment. A judgment creditor should domesticate a judgment

in the appropriate state court and execute upon the judgment utilizing state law remedies whenever

possible.

(b)

Motion to Appear.

A judgment creditor who holds a judgment that cannot be

domesticated under state law may move to compel the judgment debtor, or other person in possession

of or having information relating to property or other assets that may be subject to execution or

restraint, to appear in court and answer questions concerning the property or assets. The movant, on

proper declaration, may request that the judgment debtor or other person be ordered to refrain from

alienation or disposition of the property or assets in any way detrimental to the movant’s interest.

(c)

Hearing Before Bankruptcy Court . A motion under subsection (b) of this rule may

be presented to the court ex parte, and, if granted, the matter calendared for hearing, at which the

judgment debtor or other person must appear to be examined. In any case in which the movant seeks

a restraint of the judgment debtor, the court must make findings and a report for the district court with

a proposed order for restraint which the district court may issue.

(d)

Failure to Appear. Should the judgment debtor or other person fail to appear as

directed, the court may issue such process as is necessary and appropriate, including arrest, to bring

the person before the court. If the conduct of the non-responding person is contemptuous, a proper

reference must be made by the court to the district court.

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(e)

Fees and Expenses. The movant must tender a witness fee and mileage or equivalent

to any person, with the exception of the judgment debtor, who, under this rule is required to appear

in court.

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December 1, 20112

RULE 9004-1

CAPTION - PAPERS, GENERAL

(a)

General. The caption of papers filed or served after the commencement of a case or

proceeding must substantially conform to Official Forms 16A and 16B, as follows:

Attorney Submitting (Utah State Bar No.)

Attorney for

Address

Telephone No.

Facsimile No.

E-Mail Address

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE DISTRICT OF UTAH

_____________ DIVISION

Name of Debtor

Address [see 11 U.S.C. § 342(c)]

SSN/Tax ID #

Name of Adversary

Proceeding [if applicable]

Bankruptcy Case No. _________

Chapter ___

Filed Electronically [if applicable]

Adversary Proceeding No. ____ [if applicable]

Title of Document (Option 1)

Title of Document (Option 2)

(b)

Title. The title of each paper must designate the nature of the paper and include a

reference to who filed it.

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RULE 9005.1-1

CLAIM OF UNCONSTITUTIONALITY

If a party files a pleading, written motion, or other paper drawing into question the

constitutionality of a federal or state statute pursuant to Fed. R. Bankr. P. 9005.1, the court must,

under 28 U.S.C. § 2403, certify to the appropriate attorney general that a statute has been

questioned.

(1)

If a federal statute is questioned, upon receipt of the notice, the clerk, on

behalf of the court, must file a certificate in substantially the following form:

The United States Bankruptcy Court for the District of Utah hereby

certifies to the Attorney General of the United States that the constitutionality

of an Act of Congress, title ___, § ___, United States Code (or other

description), is drawn in question in the case of ____________ vs.

____________, Case No. ______, Adversary Proceeding No. ______, to which

neither the United States, nor any of its agencies, officers, or employees, is a

party. Under title 28, § 2403(a) of the United States Code, the United States

is permitted to intervene in the case for the presentation of evidence, if

admissible, and for argument on the question of constitutionality.

The clerk must send a copy of the certificate to the United States Attorney for the

District of Utah and provide a copy to the judge to whom the case or proceeding is

assigned, or to the Chief Judge of the court, if no assignment has been made.

(2)

If a state statute is questioned, upon receipt of the notice, the clerk on

behalf of the court, must file a certificate in substantially the following form:

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The United States Bankruptcy Court for the District of Utah hereby

certifies to the Attorney General of the State of ______, that the

constitutionality of an Act of the legislature of the State of ______, title ___,

Chapter ___, § ___, (or other description), is drawn in question in the case of

____________ vs. ____________, Case No. ______, Adversary Proceeding No.

______, to which neither the State of ______, nor any of its agencies, officers,

or employees, is a party. Under title 28, § 2403(b) of the United States Code,

the State of _____________ is permitted to intervene in the case for the

presentation of evidence, if admissible, and for argument on the question of

constitutionality.

The clerk must send a copy of the certificate to the Attorney General of the state

and provide a copy to the judge to whom the case or proceeding is assigned, or to the

Chief Judge of the court, if no assignment has been made.

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RULE 9006-1

TIME PERIODS

(a)

Time for Filing Motions and Objections to Claims. A motion and notice of hearing

or an objection to claim and notice of hearing in a case or proceeding filed pursuant to the applicable

provisions of the Federal Rules of Bankruptcy Procedure and Local Rule 9013-1, which is not to be

heard ex parte, must be filed and served by a date which permits timely completion of the time

periods for filing responses and replies set forth in subsections (b) and (c) of this Local Rule, unless

a different period is fixed by order of the court, by the Federal Rules of Bankruptcy Procedure, or by

these Local Rules. A motion for an order fixing a different period may, for cause shown, be made

to the court on an ex parte basis.

(b)

Time for Filing Responses. Responses to motions and claim objections must be filed

within the following time periods.

(1)

Responses Governed by Rule 2002. In matters governed by Fed. R. Bankr.

P. 2002, responses must be filed and served within the time periods set forth therein and in

no case less than 4 days before the date set for the hearing. The movant must schedule a

hearing sufficiently in advance to assure that all responses are filed and served not less than

4 days before the date set for hearing.

(2)

Objections to Motions for Relief from Stay. Unless otherwise ordered by the

court, objections to motions for relief from stay must be filed and served within 14 days after

notice of the motion for relief from stay is served. A party filing an objection to a motion for

relief from the stay pursuant to Local Rule 4001-1(b) must file and serve the objection by the

identified deadline which in no case should be less than 4 days before the date set for the

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hearing. The movant must schedule a hearing sufficiently in advance to assure that all

responses are filed and served not less than 4 days before the date set for hearing.

(3)

Responses to Claim Objections. Unless otherwise ordered by the court,

responses to claim objections must be filed and served within 21 days after notice of the claim

objection is served. A party filing a response to an objection to claim pursuant to Local Rule

3007-1(a) and (b) must file and serve the response by the identified deadline, which in no case

should be less than 4 days before the date set for the hearing. The movant must schedule a

hearing sufficiently in advance to assure that all responses are filed and served not less than

4 days before the date set for hearing.

(4)

Responses in Other Matters. In matters not governed by Fed. R. Bankr. P.

2002, 3007, 4001, or by other Federal Rules of Bankruptcy Procedure that require a different

response period, and unless the court orders otherwise, responses must be filed and served

within 14 days after notice is served. A party filing an objection or a response must file and

serve the objection or response by the identified deadline which in no case should be less than

4 days before the date set for the hearing. The movant must schedule a hearing sufficiently

in advance to assure that all responses are filed and served not less than 4 days before the date

set for hearing.

(c)

Time for Filing Replies. Replies to responses and objections may be filed in the

movant’s discretion and must be filed no later than 7 days after the response or objection is served

and in no case less than 4 days before the date set for hearing. The movant must schedule a hearing

sufficiently in advance to assure that replies are filed and served not less than 4 days before the date

set for hearing.

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(d)

Additional Time After Service by Mail, Facsimile or Electronic Means. Whenever

a party has the right or is required to do some act or take some proceedings within a prescribed period

after the service of a notice or other paper upon the party and the notice or paper is served upon the

party by mail or under Fed. R. Civ. P. 5(b)(2)(D) (leaving with the court clerk if the person has no

known address), (E) (serving it by electronic means), or (F) (delivery by any other means), 3 days

are added after the prescribed period would otherwise expire under Fed. R. Bank. P. 9006(a).

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RULE 9010-1

ATTORNEYS - NOTICE OF APPEARANCE

(a)

Attorney of Record. An attorney, or a party not represented by an attorney for the

debtor, for a creditor or for another party, who signs and files a petition, pleading or paper, is deemed

to have made an appearance in the matter. If an attorney's appearance has not been established

previously by the filing of papers in the case or proceeding, the attorney must file a notice of

appearance promptly upon undertaking the representation of any party or witness. An attorney of

record is responsible in all matters respecting the case or proceeding before and after a judgment,

until the closing of the case, until the time for appeal from a judgment or order has expired or a

judgment or order has become final after appeal, or until there has been an order permitting

withdrawal by or substitution of the attorney in the case or proceeding.

(b)

Notification of Change in Address or Telephone Number. In all cases and

proceedings, attorneys and parties appearing without an attorney must notify the clerk's office of any

change in address or telephone number.

(c)

Appearance by Attorney. A party who has appeared by an attorney, may not appear

or act thereafter in the party’s own behalf in the action or take any steps therein, unless an order of

withdrawal or substitution is entered by the court after notice to the party's attorney and to parties in

interest. However, notwithstanding that a party has appeared or is represented by an attorney, at its

discretion, the court may hear a party in open court. An attorney who has appeared of record for any

party must:

(1)

represent the party in the action;

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(2)

be recognized by the court and by all parties to the action as having control of

the client's case; and

(3)

sign all papers that are to be signed on behalf of the client.

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RULE 9011-1

PAPERS SIGNED BY AN ATTORNEY

Any paper required to be signed by an attorney that is not signed by an attorney admitted to

practice before this court under Local Rule 2090-1 may be stricken.

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RULE 9011-2

PARTIES APPEARING WITHOUT AN ATTORNEY

(a)

Attorney Appearance Required. . A corporation, partnership, limited liability

company, trust, unincorporated association, or other party which is not an individual may not file a

petition or otherwise appear without an attorney in any case or proceeding. Failure to comply with

this rule is grounds for dismissal of a case or proceeding, conversion of a case, appointment of a

trustee or examiner, judgment by default, or other appropriate sanctions.

(b)

Rules and Standards Applicable to Individuals Appearing Without an Attorney.

An individual appearing without an attorney will be expected to be familiar with and must comply

with (A) these Local Rules and,; (B) unless otherwise provided, with the Utah Rules of Professional

Conduct, as revised and amended,; (C) appropriate federal rules and statutes that govern the action

in which such i

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