UNITED STATES BANKRUPTCY COURT

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EASTERN DISTRICT OF VIRGINIA

AMENDED LOCAL BANKRUPTCY RULE 2090-1(B), (C),

(E), (F), (H), AND (I)

NEW EXHIBIT 14: CONTINUING PRACTICE

PROTOCOL WITH ATTACHED FORMS

Effective: November 16, 2020

(Ver. 11/12/2020)

Table of Contents

Rule 1001-1- Scope of Rules .......................................................................................................... 1

Rule 1002-1 - Petitions - Copies - REPEALED ...................................................................................... 1

Rule 1002-2 - Notice to Individual Debtors of Chapters Available Under Bankruptcy

Code - REPEALED ..................................................................................................................... 1

Rule 1006-1 - Fees: Installment Payments - REPEALED .......................................................... 2

Rule 1006-1 - Fees: Installment Payments, Nonpayment, Waiver, Refunds ........................... 2

(A) Installment Payments ........................................................................................................ 2

(B) Waiver ............................................................................................................................... 2

(C) Nonpayment ...................................................................................................................... 2

(D) Request for Refunds ................................................................................................................... 3

Rule 1006-2 - Fees: Electronic Refunds - REPEALED .................................................................... 5

Rule 1006-3 - Payment of Filing Fees; Remedies for Nonpayment - REPEALED ...................... 5

Rule 1007-1 - Lists, Schedules and Statements ........................................................................... 5

(A) Possible Dismissal of Case ............................................................................................... 5

(B) Motion to Extend Time .................................................................................................... 5

(C) Order Extending Time ...................................................................................................... 6

(D) Objections -- Determination ............................................................................................. 6

(E) Hearing on Further Extension .......................................................................................... 6

(F) Notice of Possible Dismissal ............................................................................................ 6

(G) List of Creditors Holding 20 Largest Unsecured Claims ................................................. 6

(H) List of Creditors, Statement of Social Security Number and Payment Advices or

Other Evidence of Payment ............................................................................................. 6

(1) Filing ........................................................................................................................ 6

(2) Possible Dismissal of Case; Notice ......................................................................... 6

(3) Waiver...................................................................................................................... 7

(4) Payment Advices or Other Evidence of Payment .................................................... 7

(I) Individual Debtor’s Statement of Compliance with Credit Counseling Requirement ....... 7

(1) Filing ........................................................................................................................ 7

(2) Possible Dismissal of Case; Notice ................................................................................ 7

(J) Chapter 13 Debtor’s Statement of Completion of Instructional Course Concerning

Personal Financial Management ....................................................................................... 8

Rule 1007-3 - Statement of Intention ........................................................................................... 9

(A) Possible Dismissal of Case; Notice .................................................................................. 9

(B) Motion to Extend Time .................................................................................................... 9

(C) Order Extending Time ...................................................................................................... 9

(D) Hearing on Further Extension .............................................................................................. 9

(E) Notice of Possible Dismissal ............................................................................................. 10

Rule 1009-1 - Amendments to Lists & Schedules ........................................................................ 10

(A) Filing of Amendment with Clerk ..................................................................................... 10

(B) Notice to Affected Parties ................................................................................................ 10

Rule 1014-2 - Declaration of Divisional Venue - REPEALED ................................................... 11

Rule 1015-1 - Joint Administration of Estates............................................................................. 11

Rule 1017-1 - Conversion .............................................................................................................. 11

(A) Schedule of Unpaid Debts ................................................................................................. 11

(B) Filing of Schedule of Unpaid Debts ......................................................................................... 11

(D) Report of the Debtor in Possession or Trustee .................................................................. 11

Table of Contents

Rule 1017-2 - Dismissal for Substantial Abuse of Chapter 7 - REPEALED ................................. 12

Rule 1017-2 - Voluntary Dismissal of Chapter 13 Cases (NEW) .............................................. 12

Rule 1017-3 - Suspension of Automatic Dismissal - REPEALED .............................................. 13

Rule 1020-1 - Small Business Chapter 11 Reorganization Cases - REPEALED ........................ 14

Rule 1071-1 - Divisions .................................................................................................................. 14

(A) District .............................................................................................................................. 14

(B) Divisions ........................................................................................................................... 14

Rule 1074-1 - Corporations, Limited Liability Companies or Partnerships ............................... 15

Rule 2002-1 - Notice to Creditors & Other Interested Parties ................................................... 15

(A) Proponent to Give Notice.................................................................................................. 15

(B) Notice by Publication ............................................................................................................ 15

(1) Place of Publication ................................................................................................. 15

(2) Time of Publication ................................................................................................. 15

(C) Service on United States Trustee ..................................................................................... 16

(D) Inspection of List of Creditors ......................................................................................... 16

(E) Notices to Equity Security Holders ................................................................................. 16

(F) Requirement of Proof of Service ...................................................................................... 16

Rule 2003-1 - Meeting of Creditors & Equity Security Holders ................................................ 17

(A) Policy - REPEALED....................................................................................................... 17

(B) Possible Dismissal for Failure to Appear ......................................................................... 17

(1) Possible Dismissal of Case; Notice.......................................................................... 17

(2) Possible Dismissal of Case; Order ........................................................................... 17

(3) Asset Chapter 7 and 11 Cases .................................................................................. 17

(4) Rescheduled Meeting of Creditors; Notice .............................................................. 17

Rule 2004-1 - Examination...................................................................................................................... 19

(A) Service .............................................................................................................................. 19

(B) Objections ........................................................................................................................ 19

Rule 2014-1 - Service of Motion for an Order Authorizing Employment in a

Chapter 11 Case ........................................................................................................................................... 20

Rule 2015-(a)-1 - Required Reports of Debtors in Possession and Trustees............................. 21

(A) Operating Business Reports............................................................................................. 21

(B) Chapter 7 Liquidation Reports ......................................................................................... 21

(C) Chapter 11 Final or Interim Report ......................................................................................... 21

(D) Clerk to Give Notice ......................................................................................................... 21

Rule 2016-1 - Compensation of Professionals ............................................................................. 21

(A) Interim Compensation ...................................................................................................... 21

(B) Attorney's Disclosure Statement ....................................................................................... 21

(1) Generally.................................................................................................................. 22

(2) Fees Requested Not in Excess of $3,000 [For All Cases and Proceedings Filed

Prior to April 14, 2014 .......................................................................................................... 22

(3) Amount of "No-Look" Fee Specified under Subparagraphs (C)(1)(a)

and (C)(3)(a) ............................................................................................................ 23

Rule 2016-2 - Administrative Claims of Entities Other Than Professionals ............................ 26

Rule 2090-1 - Attorneys - Right to Practice Before the Court; Pro Se Parties ......................... 26

(A) Bar of the Court ................................................................................................................ 26

(B) Qualifications for Admission and the Right to Practice Before the Court ........................ 26

Table of Contents

(1) Members of the Bar of this Court as of September 1, 2019 .................................... 27

(D) Presentation ...................................................................................................................... 27

(E) Other Attorneys ................................................................................................................ 27

(1) Western District of Virginia ..................................................................................... 27

(2) Members of the Bar of this Court as of September 1, 2019, based upon a

certificate of good standing of the United States Bankruptcy Court for the

Western District of Virginia .................................................................................... 27

(3) Foreign Attorneys .................................................................................................... 28

(4) Attorneys for Federal, State, or Local Government ................................................ 29

(F) Attorneys Filing Pleadings ............................................................................................... 30

(G) Withdrawal of Appearance ................................................................................................... 30

(H) Appearance at All Proceedings ......................................................................................... 30

(1) Appearance by Counsel for the Debtor ................................................................... 30

(2) Appearance by Other Counsel of Record ................................................................. 30

(I) Professional Ethics ........................................................................................................... 30

(1) Definitions ............................................................................................................... 31

(2) Imposition of Discipline .......................................................................................... 31

(3) Imposition of Discipline by Other Courts; Attorneys Convicted of

Serious Crimes ......................................................................................................... 30

(J) Courtroom Decorum......................................................................................................... 31

(K) Third-Year Law Student Practice Plan ............................................................................ 31

(L) Previous Practice Clause .................................................................................................. 31

(M) Pro Bono Representation .................................................................................................. 32

(N) Ghostwriting ..................................................................................................................... 32

Rule 3003-1 - Claims in Chapter 11 Cases ................................................................................... 34

(A) Claims Bar Date ............................................................................................................... 34

(B) Claims Scheduled as Disputed, Contingent or Unliquidated ........................................... 34

Rule 3004-1 Filing of Claims by Debtor or Trustee .................................................................... 35

Rule 3007-1 - Objections to Claims ............................................................................................. 35

(A) Contents of Objections ..................................................................................................... 35

(B) How Objection Heard ...................................................................................................... 35

(D) Requirement of Written Response ................................................................................... 35

(E) Notice ............................................................................................................................... 36

Rule 3011-1 - Unclaimed Funds .................................................................................................... 36

(A) Deposit of Unclaimed Funds ............................................................................................ 36

(B) Disposition of Unclaimed Funds ...................................................................................... 36

(1) Requirements for Pro Se Creditor/Claimant - Self Representation......................... 36

(2) Requirements for the Representative of the Estate of a Deceased Claimant .......... 37

(3) Requirements for Any Other Individual Representing the Interest of

Creditor/Claimant .................................................................................................... 37

(4) Action on Motion .................................................................................................... 38

(5) All Creditors/Claimants............................................................................................ 38

Rule 3015-1 - Chapter 12 Plan Requirements ............................................................................. 39

(A) Time for Filing ................................................................................................................. 39

(B) Objections ......................................................................................................................... 39

(C) Hearing ............................................................................................................................. 39

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Table of Contents

(D) Notice ............................................................................................................................... 39

(E) Order of Confirmation ...................................................................................................... 39

(F) Retained Power................................................................................................................. 40

(G) Possible Dismissal of Case; Notice .................................................................................. 40

(H) Notice of Dismissal Provision .......................................................................................... 40

Rule 3015-2 - Chapter 13 Plan Requirements ............................................................................. 40

(A) Form of Plan; Inclusion of Related Motions .................................................................... 40

(1) Motion for Determination of Value Pursuant to 11 U.S.C. § 506(a)........................ 40

(2) Motion for Lien Avoidance Pursuant to 11 U.S.C. § 522(f) .................................... 41

(3) Motion for Assumption or Rejection of Executory Contracts Pursuant to

11 U.S.C. § 365 ....................................................................................................... 41

(B) Special Notice to Secured Creditors Whose Collateral is to be Valued or Lien

Avoided ............................................................................................................................ 41

(1) Possible Dismissal of Case; Notice.......................................................................... 41

(2) Proof of Service to include names and addresses of all parties served .................... 41

(3) Extension of Time to File Chapter 13 Plan and Related Motions ............................ 41

(D) Distribution of Chapter 13 Plan and Related Motions ...................................................... 42

(E) Objections to Confirmation of Original Chapter 13 Plan or to Related Motions .............. 42

(1) Deadline for Filing ................................................................................................... 42

(2) Service of Objection ................................................................................................ 42

(3) Hearings on Objections ............................................................................................ 42

(F) Modified Chapter 13 Plan and Related Motions ................................................................. 42

(1) Procedure where no plan has been confirmed ............................................................ 42

(a) Time for Filing ................................................................................................ 42

(b) Distribution of Modified Chapter 13 Plan & Related Motions ....................... 42

Motions ........................................................................................................... 42

(d) Effect on a Hearing Scheduled on Objection(s) to any Previously Filed

Unconfirmed Plan ........................................................................................... 43

(2) Procedure when a plan has been confirmed ............................................................ 43

(a) When modification is requested by the trustee or a creditor .......................... 43

(b) When modification is requested by the debtor ................................................ 43

(G) Confirmation of Plan and Granting of Related Motions Without a Hearing ..................... 43

(1) Richmond and Alexandria Divisions ....................................................................... 44

(2) Norfolk and Newport News Divisions .................................................................... 44

(H) Possible Dismissal of Case for Failure to Timely File or Distribute Plan and Notice ..... 44

(1) Possible Dismissal of Case; Notice ......................................................................... 44

(2) Dismissal of Case upon Denial of Confirmation ...................................................... 44

(I) Reconversion of Case - REPEALED .............................................................................. 44

Rule 3016-1 - Chapter 11 Plan Requirements ............................................................................. 46

(A) Transmission of Notice of Hearing on Disclosure Statement .......................................... 46

(B) Objections to Disclosure Statement ................................................................................. 46

(D) Summary of Ballots .......................................................................................................... 46

(E) Objection to Confirmation. ............................................................................................... 46

Rule 3017-1 - Approval of Disclosure Statement - REPEALED ............................................... 47

Rule 3070-1 - Payments in Subchapter V Chapter 11, Chapter 12 and Chapter 13 Cases ...... 47

Table of Contents

(A) Payments to Creditors by Trustee ..................................................................................... 47

(B) Distribution of Estate Funds Upon Dismissal of Case Prior to Confirmation of Plan ...... 47

(1) Noticing Fees Payable to Clerk of Court ................................................................. 47

(2) Notice of Proposed Distribution ................................................................................. 47

(1) Alexandria, Norfolk, and Newport News Divisions ................................................ 47

(2) Richmond Division .................................................................................................. 47

(D) Chapter 13 Pre-Confirmation Payments of Personal Property Leases .............................. 48

(E) Chapter 13 Pre-Confirmation Adequate Protection Payments .......................................... 48

Rule 4001(a)-1 - Relief from Automatic Stay...............................................................................................48

(A) Applicability of Contested Matter Rules. ......................................................................... 48

(B) Caption ............................................................................................................................. 48

(C) Response Period ............................................................................................................... 48

(D) Contents of Motion for Relief from Stay .......................................................................... 49

(E) Filing Requirements. ......................................................................................................... 49

(F) Service of Motion ............................................................................................................. 50

(G) Requests for Additional Relief.......................................................................................... 50

(H) Relief from Codebtor Stay in Chapter 13 Cases ............................................................... 50

(1) Caption..................................................................................................................... 50

(2) Service and Time for Response ............................................................................... 50

(I) Rent Deposit and Transmittal Procedure Under 11 U.S.C. § 362(I) .................................... 51

Rule 4002-1 - Duties of the Debtor ............................................................................................... 52

(A) Tax Information Under 11 U.S.C. § 521 .......................................................................... 52

(1) Failure to Provide Pre-petition Tax Information ..................................................... 52

(2) Procedure for Requesting Debtor to File Post-petition Tax Information with

the Court ................................................................................................................. 52

(a) Motion by Requestor for Court Order Directing Debtor to File Tax

Information or Statement ................................................................................ 52

(b) Motion Requesting Access to Tax Information or Statement ......................... 52

(d) Discovery ........................................................................................................ 53

(B) Failure to Provide Payment Advices or Other Evidence of Payment ................................ 53

Rule 4003-2 - Lien Avoidance ....................................................................................................... 53

Rule 4008-1 - Reaffirmation ......................................................................................................... 54

(A) Notice of Rights Under 11 U.S.C. § 524(d)..................................................................... 54

(B) Reaffirmation Agreements ............................................................................................... 54

Rule 4008-2 - Chapter 13 Discharge and Certification of Compliance; Duty of Debtor to

Co-operate with Chapter 13 Trustee ........................................................................................ 55

(A) Certification of Compliance with 11 U.S.C. § 1328 ............................................................... 55

(B) Debtor’s Duty to Cooperate with Chapter 13 Trustee Upon Completion of

Plan Payments .................................................................................................................. 55

Rule 5005-1 - Filing of Petitions, Pleadings and Other Papers ............................................... 55

(A) Filing in Proper Division ................................................................................................. 55

(1) Petitions ................................................................................................................... 55

(2) All Other Document ................................................................................................ 55

(B) Proponent to be Member of Bar ...................................................................................... 55

(C) Requirements of Form ..................................................................................................... 55

(1) Legibility ................................................................................................................. 56

Table of Contents

(2) Caption, Official Forms ........................................................................................... 56

(3) Size, Margins, etc .................................................................................................... 56

(4) Signature Required .................................................................................................. 56

(5) Identification of Attorney ........................................................................................ 56

(6) Filing of Faxed Petitions, Pleadings, and Other Documents ................................... 56

(7) Acknowledgment Copy ........................................................................................... 56

(8) Proof of Service ....................................................................................................... 56

(D) Additional Requirements ................................................................................................. 57

(1) Voluntary Petitions .................................................................................................. 57

(2) Complaints ............................................................................................................... 57

(3) Motions from Relief from Stay ............................................................................... 57

(4) Claims ...................................................................................................................... 58

(5) Amendments ............................................................................................................ 58

(6) Chapter 13 Plan ....................................................................................................... 58

(E) Notice of Deficient Filing ................................................................................................ 58

(F) Rejection of Petitions, Pleadings and Other Papers – REPEALED .............................. 58

(G) Judicial Conference Policy Regarding Public Access to Electronic Case Files REPEALED ................................................................................................................... 58

Rule 5005-2 - Filing of Petitions, Pleadings and Other Papers by Electronic Means .......... 60

(A) Electronic Case Files Policy. ........................................................................................... 60

(B) Technical Failure ............................................................................................................. 60

Rule 5010-1 - Reopening Cases ................................................................................................................ 61

Rule 5011-1 - Withdrawal of Reference ................................................................................... 61

(A) Form of Request; Place for Filing ................................................................................... 61

(B) Stay .................................................................................................................................. 61

(C) Designation of Record..................................................................................................... 61

(D) Responses to Motions to Withdraw the Reference; Reply ............................................. 62

(E) Transmittal to and Proceeding in District Court .............................................................. 62

Rule 5073-1 - Photography, Recording Devices and Broadcasting ......................................... 62

(A) Photographs and Electronic Recordings ......................................................................... 62

(B) Definition of "Environs" ................................................................................................. 62

(C) Exception ......................................................................................................................... 62

Rule 5077-1 - Transcripts ........................................................................................................... 63

(A) Certification of Record by Reporter - REPEALED ...................................................... 63

(B) Copies of Transcripts Available to Public ...................................................................... 63

(D) Perfecting Record on Appeal - REPEALED ................................................................. 63

(E) Payment for Transcripts .................................................................................................. 63

(F) Clerk’s Duty to Make Transcripts Remotely Available Electronically; RedactionREPEALED ................................................................................................................... 63

Rule 6004-1 - Sale of Estate Property........................................................................................ 64

Rule 6004-2 - Use, Sale or Lease of Property .......................................................................... 64

(A) Notice............................................................................................................................... 64

(B) Objection to Proposed Use, Sale or Lease. ..................................................................... 64

(D) Report of Sale .................................................................................................................. 64

Rule 6004-3 - Sale or Refinance of Property By Chapter 13 Debtor After Confirmation..... 65

Rule 6004-4 - Mortgage Loan Modification By Chapter 13 Debtor After Confirmation ..... 65

Table of Contents

Rule 6007-1 - Abandonment ...................................................................................................... 66

(A) Notice of Abandonment ................................................................................................... 66

(B) Order of Court Directing Abandonment .......................................................................... 66

Rule 6008-1 – Redemption ......................................................................................................... 67

Rule 7003-1 - Adversary Proceeding Cover Sheet ................................................................... 67

Rule 7004-2 - Summons .............................................................................................................. 67

(A) Issuance ........................................................................................................................... 67

(B) Time Limit for Service .................................................................................................... 67

Rule 7007-1 - Financial Disclosure - REPEALED .................................................................. 68

(A) Required Disclosure – REPEALED .............................................................................. 68

(B) Time for Filing – REPEALED ...................................................................................... 68

Rule 7013-1 - Counterclaims - REPEALED ............................................................................. 68

Rule 7016-1 - Pretrial Procedures ...................................................................................................... 69

(A) In Default Cases .............................................................................................................................. 69

(B) In All Other Cases .......................................................................................................................... 69

(C) Optional Items in Scheduling Order ............................................................................... 69

(D) Continuance of Dates Set in Scheduling Order................................................................ 69

Rule 7026-1 - Discovery .............................................................................................................. 69

(A) Objections to be in Writing ............................................................................................. 69

(B) Objections to Discovery Process ..................................................................................... 69

(C) Motions to Compel .......................................................................................................... 70

(D) Other Discovery Motions ................................................................................................ 70

(E) Replies to Discovery Motions. ........................................................................................ 69

(F) Compliance with Discovery Orders. ............................................................................... 70

(G) Failure to Comply with Order ......................................................................................... 70

(H) Consultation Among Counsel .......................................................................................... 70

(I) Extensions ........................................................................................................................ 70

(J) Sanctions .......................................................................................................................... 70

(K) Applicability to Contested Matters .................................................................................. 71

(L) Expert Disclosure ............................................................................................................ 71

(1) Agreement Upon Disclosure .................................................................................... 71

(2) Timing of Mandatory Disclosure ............................................................................. 71

(a) Adversary Proceedings ................................................................................... 71

(b) Contested Matters Except Relief from Stay ................................................... 71

(3) Failure to Comply .................................................................................................... 71

(4) General Provisions ............................................................................................................ 71

(M) Filing with Court ............................................................................................................. 71

Rule 7030-1 - Depositions ........................................................................................................... 73

(A) Deposition of Party ......................................................................................................... 73

(B) Recording and Transcribing of Discovery Deposition ................................................... 73

(C) Attorneys' Fees ................................................................................................................................ 73

(D) Travel Expense ................................................................................................................ 73

(E) Reviewing Depositions Prior to Jury Trials .................................................................... 74

(F) Summaries of Depositions - REPEALED ..................................................................... 74

(G) Reasonable Notice ........................................................................................................... 74

vii

Table of Contents

Rule 7041-1 - Dismissal of Adversary Proceedings .................................................................. 74

Rule 7054-1 - Costs ..................................................................................................................... 75

(A) Taxation Generally.......................................................................................................... 75

(B) Payment in Advance ....................................................................................................... 74

(C) RESERVED..................................................................................................................... 75

(D) Bonds and Security for Costs ......................................................................................... 75

(E) Clerk to Tax ..................................................................................................................... 75

Rule 7055-1 -Entry of Default and Entry of Judgment by Default ........................................ 76

(A) Entering a Default by the Clerk ....................................................................................... 76

(B) Motion for Entry of Default Judgment ............................................................................ 76

(1) Entry of a Default Judgment by the Clerk ............................................................... 76

(2) Entry of a Default Judgment by the Court ............................................................... 78

Rule 7056-1 - Summary Judgment ............................................................................................ 79

Rule 7067-1 - Deposit and Disbursement of Court Registry Funds ....................................... 79

(A) Order Required ............................................................................................................... 79

(B) District Registry Procedure and Form of Order ............................................................. 79

(C) Order of Deposit ............................................................................................................. 79

(D) Deposit ............................................................................................................................. 79

(E) Provision for Payment ..................................................................................................... 79

(F) Order Directing Disbursement ......................................................................................... 79

Rule 8007-1 - Appeal Bond ........................................................................................................ 80

(A) Exemption From Appeal Bond ....................................................................................... 80

(B) Failure to Post Appeal Bond ........................................................................................... 80

(C) Stipulation of Parties ........................................................................................................ 80

Rule 8009-1 - Record on Appeal ............................................................................................... 81

(A) Record on Appeal- Exclusions ........................................................................................ 81

(B) Designating Record on Appeal ....................................................................................... 81

(C) Copies of Record ............................................................................................................. 81

Rule 9006-1 – Bridge Order Not Required in Certain Instance ............................................. 81

Rule 9010-1 - Representation and Appearances; Powers of Attorney ................................... 82

Rule 9013-1 - Motions Practice .................................................................................................. 83

(A) Definition of Motion........................................................................................................ 83

(B) Requirement of Written Motion ...................................................................................... 83

(D) Number of Copies - REPEALED................................................................................... 83

(E) Use of Forms ................................................................................................................... 83

(F) Return Date, Conference of Counsel ............................................................................... 83

(G) Memorandum of Points and Authorities ......................................................................... 83

(H) Responses to Motions ...................................................................................................... 84

(1) Requirement of written response ............................................................................. 84

(2) Requirement of memorandum ................................................................................. 84

(3) Time for filing response and memorandum ............................................................. 84

(4) Effect of not timely filing an objection with a supporting memorandum ................ 85

(I) Summary Judgment - Time of Filing ............................................................................... 85

(J) Continuances ................................................................................................................... 85

(K) Motions Practice and Procedures Guidelines; Motions for Relief from Stay

Guidelines ........................................................................................................................ 85

(L) Determination of Motions Without Oral Hearing ............................................................ 85

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Table of Contents

(M) Giving Notice of a Motion or Hearing....................................................................... 86

(1) When no hearing is requested or required.......................................................... 86

(2) When a hearing is required or requested ................................................................. 86

(3) When a summary judgment is requested against pro se party ....................... 86

(N) Request for Expedited Hearing........................................................................................ 87

(O) Cancellation of Scheduled Hearings................................................................................ 87

Rule 9014-1 - Whether Hearing is Evidentiary or Preliminary. ............................................ 89

(A) Discovery in Contested Matters and Relief from Stay - REPEALED ........................... 89

(B) Whether Hearing is Evidentiary or Preliminary .............................................................. 89

Rule 9016-1 - Subpoenas. ..................................................................................................... 89

(A) Request for Subpoena ........................................................................................ 89

(B) Return Date of Subpoenas ......................................................................................... 90

(D) Subpoenas to Officials ............................................................................................... 90

(E) Subpoena Duces Tecum .................................................................................................. 90

(F) Timely Requests for Subpoenas ................................................................................ 91

(G) Deposition Subpoenas................................................................................................ 91

(H) Place of Taking Depositions ............................................................................................ 91

(I) Subpoenas in Blank ........................................................................................... 91

Rule 9017-1 - Evidence ......................................................................................................... 92

(A) Presence of Witnesses ....................................................................................... 92

(B) Qualifications of Experts ........................................................................................... 92

(D) Physical Examination of Litigant .............................................................................. 92

Rule 9019-1 - Settlement and Alternative Dispute Resolution .......................................... 93

(A) Authorization ................................................................................................................... 93

(B) Obtaining Mediation.......................................................................................... 93

(D) Judicial Mediators ............................................................................................. 93

(E) Non-Judicial Mediators or Neutrals........................................................................... 94

(F) Communications with Mediators Prior to Entry of Order to Mediate ............................ 94

(G) Required Settlement Authority .................................................................................. 94

(H) Compensation of Non-Judicial Mediators or Neutrals .................................................... 94

(I) Effect of Mediation on Proceedings .......................................................................... 94

(J) Disclosure of Mediation Communications and Writings................................................. 94

(K) Appointment of ADR Administrator ............................................................................... 94

(L) Other Governing Law ...................................................................................................... 95

Rule 9022-1 - Court Orders ................................................................................................. 95

(A) Identification of Attorney Filing Proposed Order. .............................................. 95

(B) Service List.................................................................................................95

(C) Endorsement .................................................................................................................... 95

(1) Certification of Endorsement by All Parties ...................................................... 95

(2) Proof of Service.................................................................................................. 95

(D) Form and Content .............................................................................................. 95

(E) Consent Orders .......................................................................................................... 96

(F) Order After Trial, Hearing, or Other Disposition of the Matter ...................................... 96

Rule 9036-1 - Court Notice to Debtors by Electronic Transmission ............................... 97

Rule 9070-1 - Exhibits .......................................................................................................... 97

Table of Contents

(A) Numerous Exhibits .................................................................................................... 97

(B) Listing and Marking Exhibits .................................................................................... 97

(C) Number of Copies ...................................................................................................... 97

(D) Custody and Disposition of Models and Exhibits ........................................................... 97

(1) Custody .................................................................................................................... 97

(2) Removal ................................................................................................... 97

(E) Disposition of Exhibits .............................................................................................. 97

Exhibits Cover Page

Exhibit 1 - Chapter 13 Plan and Related Motion ............................................ Exhibits Page 1

Exhibit 2 - Special Notice to Secured Creditor ................................................ Exhibits Page 9

Exhibit 3 - Order Adopting CM/ECF Procedures – RESCINDED ............. Exhibits Page 11

Exhibit 4 - Administrative Procedures for CM/ECF Cases –

RESCINDED ........................................................................................... Exhibits Page 12

Exhibit 5 - Instructions for Creditor Matrix .................................................. Exhibits Page 13

Exhibit 6 - Financial Interest Disclosure Statement ...................................... Exhibits Page 14

Exhibit 7 - Motions Practice and Procedures Guidelines; Motions for Relief from

Stay ........................................................................................................... Exhibits Page 15

Exhibit 8 - Order Adopting Revision to Interim Rule 1007-I ...................... Exhibits Page 22

Exhibit 9 - Order on Fees for Debtor's Counsel in Chapter 13 Cases ......... Exhibits Page 29

Exhibit 10A - Application for Compensation of Attorney for

Debtor(s) .................................................................................................. Exhibits Page 38

Exhibit 10B - Application for Supplemental Compensation of Attorney for

Debtor(s) .................................................................................................. Exhibits Page 40

Exhibit 11 – Federal Rules of Disciplinary Enforcement .............................. Exhibits Page 42

Exhibit 12 – Interim Amendments to the Federal Rules of Bankruptcy

Procedure ................................................................................................. Exhibits Page 45

Exhibit 13 – Interim Procedures ..................................................................... Exhibits Page 64

Exhibit 14 – Continuing Practice Protocol with Attached Forms ................ Exhibits Page 70

The bankruptcy forms included in the above exhibits are available at the

Court's internet web site at https://www.vaeb.uscourts.gov and can be

Accessed by clicking the "Bankruptcy Forms" button on the Court's Internet

home page. The forms are in Adobe Acrobat format.

RULE 1002-2 NOTICE TO INDIVIDUAL DEBTORS OF CHAPTERS AVAILABLE UNDER BANKRUPTCY CODE

RULE 1001-1 SCOPE OF RULES

The Supreme Court of the United States has, pursuant to 28 U.S.C. §2075, prescribed rules of

procedure in bankruptcy cases. Federal Rule of Bankruptcy Procedure 9029 provides that courts

may adopt local rules that are not inconsistent with the Federal Rules of Bankruptcy Procedure.

These Local Rules of the United States Bankruptcy Court for the Eastern District of Virginia are

hereby prescribed and promulgated as Local Rules governing practice and procedure before the

Court. They are to be cited as the "Local Bankruptcy Rules" except that individual rules may be

cited in the following form: "Local Bankruptcy Rule

" or "LBR

Comments

The prior set of Local Bankruptcy Rules contained several references

that were inconsistent with this rule. Therefore, all incorrect references

have been edited so that they are now in compliance.

RULE 1002-1 PETITIONS - COPIES [Repealed]

Comments

Changes have been made to allow for the filing of documents by electronic means provided under FRBP 5005(a)(2). For more detail on

how this has been implemented on a pilot basis in the Alexandria Division see the “Order Adopting Electronic Case Filing Procedures”

attached as Exhibit 3 and the “Administrative Procedures for Electronically Filed Cases” attached as Exhibit 4. It is planned that the ability to file electronically will expand to the other divisions during 1999.

1002-1 The rule is repealed in light of Local Bankruptcy Rule 5005-2,

which mandates electronic case filings in the Court’s Case Management/Electronic Case Files (CM/ECF) System and authorizes the

Clerk to promulgate and revise the Court’s Electronic Case Files

(CM/ECF) Policy. [Repeal effective 12/01/09.]

RULE 1002-2 NOTICE TO INDIVIDUAL DEBTORS

OF CHAPTERS AVAILABLE UNDER BANKRUPTCY CODE [Repealed]

Comments

1002-2 The contents of the rule are substantially set forth in 11 U.S.C.

§ 342(b). The rule is repealed for this reason and, further, is repealed

in light of Local Bankruptcy Rule 5005-2, which mandates electronic

case filings in the Court’s Case Management/Electronic Case Files

(CM/ECF) System and Authorizes the Clerk to promulgate and revise

the Court’s Electronic Case Files (CM/ECF) Policy. [Repeal effective

12/01/09.]

RULE 1006-1 FEES: INSTALLMENT PAYMENTS, NONPAYMENT, WAIVER, REFUNDS

RULE 1006-1 FEES: INSTALLMENT PAYMENTS [Repealed]

Comments

1006-1(B) This revision is due to changes made by the Judicial Conference at its September 1997 session to the Bankruptcy Court Miscellaneous Fee Schedule. The changes were effective January 1, 1998.

1006-1(B) This revision is due to changes made under Public Law

No. 106-113, which increased the statutory filing fee for cases commenced under Chapter 7 and Chapter 13 by $25. These changes were

effective December 29, 1999.

1006-1 This change is necessary because of the addition of LBR 10061 to LBR 1017-3. [Change effective 3/1/01.]

1006-1(B) This revision is due to changes made by the Judicial Conference at its September 2003 session to the Bankruptcy Court Miscellaneous Fee Schedule. [Change effective 12/1/03.]

1006-1(D)(2) This subparagraph is amended to clarify that a petition

filing accompanied by an Application to Pay the Filing Fee in Installments must also be accompanied by the proper first installment payment. [Change effective 2/1/04.]

1006-1(B) The revision to the “1 Month After Filing” column at the

Chapter 11 line from $400 to $409 effects a technical change only.

[Change effective 7/1/04.]

1006-1 LBR 1006-1(D) is repealed in light of new LBR 1006-3.

[Change effective 9/1/06.]

1006-1 LBR 1006-1 is repealed and a new LBR 1006-1 has been

promulgated, which consolidates selected provisions of LBRs 1006-1,

1006-2 and 1006-3 into that LBR. [Repeal effective 12/01/09.]

RULE 1006-1 FEES: INSTALLMENT PAYMENTS, NONPAYMENT,

WAIVER, REFUNDS

(A) Installment Payments: Any individual debtor desiring to pay the filing fee in installments must

file Official Form 103A with the Clerk. The application form is available from the Clerk on the

Court’s web site. The Court shall give notice of the dismissal provisions, as set forth in the order, to

the debtor and debtor’s counsel.

(B) Waiver: Any individual debtor that files a voluntary chapter 7 petition may request a waiver

of the filing fee by filing an application with the Clerk using Official Form 103, “Application to

Have the Chapter 7 Filing Fee Waived.” The form is available on the Court’s web site.

(C)(1) Nonpayment: If a petition, complaint or other document is not accompanied by the proper

filing fee or, if applicable, an application as set forth in paragraph (A) or (B) of this Local

RULE 1006-1 FEES: INSTALLMENT PAYMENTS, NONPAYMENT, WAIVER, REFUNDS

Bankruptcy Rule, the Clerk shall give notice to cure the filing fee deficiency by the close of

business on the next day after the notice to cure is given. The Clerk may provide such notice by

mail or by e-mail if the Debtor has elected to receive notices through the Court’s Debtor Electronic Bankruptcy Noticing system. The notice period shall commence for mailed notices 3

days after the notice is mailed and for e-mailed notice when the notice is e- mailed. The Clerk

shall reject any partial payment of any fee.

(a) Petition. The Clerk’s notice shall provide that the debtor either must (i) timely

cure the filing fee deficiency or (ii) timely file a response and attend a hearing to explain why the petition should not be dismissed.

(b) Complaint or Other Document. Unless the fee is paid or the party requests a hearing on the matter by the close of business on the next day after the notice to cure is

given, the Clerk shall dismiss the complaint or strike the pleading or other document

without further notice.

(c) Installment Payment. If a debtor fails to pay timely any filing fee installment payment pursuant to an Order on Debtor’s Application to Have the Chapter 7 Filing Fee

Waived or Order Approving Payment of Filing Fee in Installments, the Clerk shall

issue a notice providing that the debtor either must (i) cure the filing fee installment

payment deficiency by the close of business on the next day after the notice to cure is

given or (ii) timely file a response and attend a hearing to explain why the case should

not be dismissed.

(3) Title 28 United States Code § 1930 and FRBP 1006 require fees to be paid at the time of

filing. Except as provided for in paragraphs (A) and (B) of this Local Bankruptcy Rule, if a

registered ECF User chooses to accumulate filing fees throughout a given calendar day, all

of these fees must be paid by the end of the calendar day (i.e., 11:59:59 p.m. Eastern Time)

in which the filings occur. A registered ECF User will be locked out of the Case Management/Electronic Case Files (CM/ECF) System and prevented from filing additional documents if filing fees are not paid by the end of the calendar day. The registered ECF User

will receive a daily e-mail reminder until all outstanding fees are paid in full. Once

locked out of the CM/ECF System, the registered ECF User will have limited access only

for the purpose of making payments. Full access rights will be restored in the CM/ECF

System after all outstanding fees have been paid in full. This paragraph supersedes the

notice and dismissal provisions set forth in paragraph (C)(1) of this Local Bankruptcy Rule

for electronically filed documents.

(D)(1) Request for Refunds: An attorney or trustee may file a motion for refund of a

filing fee paid in a case or proceeding in which payment was made by credit card when:

(a) a fee was paid for filing a duplicate document, bankruptcy petition or

adversary proceeding;

(b) a fee was paid for filing a document in the wrong case or proceeding;

(d) a trustee or debtor in possession is eligible for deferral of the filing fee in

a case in which no funds from the estate exist for payment of the filing fee.

RULE 1006-1 FEES: INSTALLMENT PAYMENTS, NONPAYMENT, WAIVER, REFUNDS

(2) Motion Required: The request shall be made promptly after the payment error is discovered

by filing a motion for refund. The motion must contain a complete explanation as to why the

payment should be refunded. The motion need not contain a supporting memorandum or be

noticed for a hearing.

(3) Motion Required for Disposition of Document: A separate motion to dispose of a document

filed in error, as identified in subparagraphs (D)(1)(a) and (b) of this Local Bankruptcy Rule, is

also required.

(4) Clerk-Authorized Action: Upon verification of the grounds set forth in the motion the

Clerk is authorized to enter an order dismissing or striking the document. The Clerk is also authorized to enter a separate order refunding the filing fee if the refund can be processed as a credit

to the credit card account that was used to pay the filing fee.

(5) Clerk’s Referral to the Court: The Clerk may refer a motion set forth in paragraph (D)(2) of

this Local Bankruptcy Rule to the judge assigned to the case or proceeding for such further determination and action as the judge may find appropriate.

(6) Request for Clearance: A movant may request clearance of the "filing fee due" status in

a case or proceeding in which the fee has not yet been paid by contacting a deputy clerk in the

appropriate division of the Clerk's Office.

Comments

1006-1 This expanded rule selectively incorporates the fee-related procedures set forth in current Local Bankruptcy Rules 1006-1, 1006-2 and

1006-3. As set forth in paragraph (D)(3), a separate motion is required to

dispose of a document filed in error. The amendment to paragraph (D)(4)

recognizes that in certain situations, a credit card issued to a cardholder

other than one issued to an attorney or trustee, may have been used to pay

the filing fee. In addition, time-computation adjustments have been made,

as needed, to conform to a revision to the Federal Rules of Bankruptcy Procedure that takes effect December 1, 2009. [Changes effective 12/01/09.]

1006-1(A) The locally modified Official Form 3A is renumbered Form

103Aedva. [Change effective 12/1/15.]

1006-1(B) The current form is replaced with new Official Form 103, which

includes stylistic changes. [Change effective 12/1/15.]

1006-1 Paragraph (C) is reorganized with the original paragraph (C) becoming paragraph (C)(1) and with a new paragraph (C)(2) added. The

latter paragraph addresses the need for a registered ECF User to pay any

outstanding filing fees at the end of each calendar day or be locked out

from that User's account pending payment of all such owed fees. [Changes

effective 12/1/15.]

1006-1(C)(1) This amendment changes: (a) the manner in which the Clerk

provides notice to a filing party in connection with that party's failure to

make timely payment of a required filing fee, and (b) when the applicable

notice period commences. The Court's Debtor Electronic Bankruptcy Noticing system is authorized pursuant to LBR 9036-1. [Changes effective

08/01/17.]

RULE 1007-1 LISTS, SCHEDULES AND STATEMENTS

1006-1(A) This rule is amended to require the use of Official Form 103A,

Application for Individuals to Pay the Filing Fee in Installments, as made

available on the Court's web site. [Effective December 1, 2017]

1006-1(C)(1) These rule provisions are amended as a result of the holding in

No v. Gorman, 891 F.3d 138 (4th Cir. 2018). [Changes effective 11/15/19.]

RULE 1006-2 FEES: ELECTRONIC REFUNDS [Repealed]

Comments

1006-2 This new rule adopts a procedure by which filing fees paid over

the Internet with a credit card may be administered when errors in electronic payments are made. The rule is consistent with guidance approved, in principle, by the Judicial Conference of the United States.

The rule establishes an additional Judicial Conference-authorized narrow exception to the longstanding Judicial Conference policy prohibiting the refund of fees. [New Rule effective 10/17/05.]

1006-2 LBR 1006-2 is repealed and a new LBR 1006-1 has been

promulgated, which consolidates selected provisions of LBRs 1006-1,

1006-2 and 1006-3 into that LBR. [Repeal effective 12/01/09.]

RULE 1006-3 PAYMENT OF FILING FEES; REMEDIES FOR NONPAYMENT

[Repealed]

Comments

1006-3 This rule establishes a single rule for payment of filing fees and

the procedure the Clerk will follow in the event of nonpayment of a

required filing fee. It supersedes LBR 1006-1(D) and LBR 5005-1(F).

[New Rule effective 9/1/06.]

1006-3 LBR 1006-3 is repealed and a new LBR 1006-1 has been

promulgated, which consolidates selected provisions of LBRs 1006-1,

1006-2 and 1006-3 into that LBR. [Repeal effective 12/01/09.]

RULE 1007-1 LISTS, SCHEDULES AND STATEMENTS

(A) Possible Dismissal of Case: In any case in which lists, schedules and statements are not

filed at the time of the filing of a voluntary petition, the Clerk shall give notice to cure the deficiency. The Clerk’s notice shall provide that the debtor either must (1) file the lists, schedules

and statements or a motion to extend time for the same within 14 days after the filing of the petition, or (2) timely file a response and attend a hearing to explain why the case should not be

dismissed.

(B) Motion to Extend Time: Such motion to extend time for filing shall be accompanied by a

proof of service evidencing notice to the United States trustee, any appointed trustee, any official committee appointed in the case and all creditors. If there are more than 30 creditors in the

RULE 1007-1 LISTS, SCHEDULES AND STATEMENTS

case, the debtor need only provide notice of the motion to extend time to the 10 largest secured creditors, the 20 largest unsecured creditors and any official committee appointed in the

case. The motion to extend time shall give notice that parties objecting to the extension of

time shall file written objections with the Court within 7 days after service of the motion by

the debtor.

filed with the Court, the Clerk shall enter an order extending time for filing to not later than the

seventh day prior to the scheduled meeting of creditors. The Clerk’s order shall further provide that the debtor either must (1) file the lists, schedules and statements or further motion to

extend time for the same by the date set forth therein; or (2) timely file a response and attend a

hearing to explain why the case should not be dismissed.

(D) Objections -- Determination: If an objection is filed to the motion for extension of time, the

Clerk shall submit the motion and objections to the Court for determination of the motion.

(E) Hearing on Further Extension: Any debtor requesting an extension of time to file lists,

schedules, statements and other documents to a date less than 7 days prior to the scheduled

meeting of creditors must request a hearing date and give notice to parties as set forth in

paragraph (B) of this Local Bankruptcy Rule and file a proof of service with the motion to

extend time.

(F) Notice of Possible Dismissal: The Clerk shall give notice of this Local Bankruptcy Rule to a

debtor or debtor's counsel who files a petition not accompanied by all required lists, schedules and

statements. The Clerk shall also give notice of this Local Bankruptcy Rule in the meeting of

creditors notice.

(G) List of Creditors Holding 20 Largest Unsecured Claims: To assist the United States trustee

in appointing a creditors' committee, the list required by FRBP 1007(d) shall include the amount

owed, by amount of debt ranging from the largest creditor to the smallest creditor. The list shall

also include the name and telephone number of a contact person or representative of the unsecured creditor. If a minor child is one of the creditors holding the 20 largest unsecured claims,

indicate that by stating “a minor child” and do not disclose the child’s name.

(H) List of Creditors, Statement of Social Security Number, and Payment Advices or

Other Evidence of Payment

(1) Filing: The debtor shall file with the petition a list containing the name and address of each creditor which shall serve as a mailing matrix. If not filed via the Electronic Case Files System, the mailing matrix shall be submitted on a flash drive in the

format specified by the Clerk. The mailing matrix shall suffice for the list of creditors

referred to in FRBP 1007(a). As required under FRBP 1007(f), the debtor shall submit

a verified statement that sets out the debtor’s social security number (statement of social security number), or states that the debtor does not have a social security number.

If not filed via the Electronic Case Files System, the debtor shall submit the statement

with the petition.

(2) Possible Dismissal of Case; Notice

(a) In any case in which the list of creditors is not filed at the time of the filing

of the voluntary petition, the Clerk shall issue a notice that the debtor either

RULE 1007-1 LISTS, SCHEDULES AND STATEMENTS

must (i) file the same in the required format not later than 3 days after the

filing of the petition; or (ii) timely file a response and attend a hearing to

explain why the case should not be dismissed.

(b) In any case in which the statement of social security number in a voluntary

case is not submitted at the time of the filing of the voluntary petition, the

Clerk shall issue a notice that the debtor either must (i) submit the statement

in the required format not later than 3 days after the filing of the petition; or

(ii) timely file a response and attend a hearing to explain why the case

should not be dismissed.

(3) Waiver: An exception to the requirement of submission of creditors on a flash drive

will be considered by the Court only upon submission of a waiver request filed with the

petition. The form shall be provided by the Clerk upon request. In addition to the waiver

request, the debtor shall file the list of creditors in the scannable format specified by the

Clerk. If the Court denies the request, the Clerk shall issue a notice that the request has

been denied. The notice shall further provide that the debtor either must (a) submit the

list of creditors on a flash drive not later than 3 days after the Clerk’s notification that

the request has been denied; or (b) timely file a response and attend a hearing to explain

why the case should not be dismissed.

(4) Payment Advices or Other Evidence of Payment: Copies of all payment advices or other

evidence of payment received within 60 days before the date of the filing of the petition by the

debtor from an employer of the debtor shall:

(a) not be filed with the Court unless otherwise ordered and

(b) be provided to the trustee, and any creditor (who timely requests copies of the

payment advices or other evidence of payment) at least 7 days before the date of the

meeting of creditors conducted pursuant to 11 U.S.C. §341.

(I) Individual Debtor’s Statement of Compliance with Credit Counseling Requirement

(1) Filing: A debtor who is an individual shall complete Part 5 of Official Form 101,

“Explain Your Efforts to Receive a Briefing About Credit Counseling,” and file with

the voluntary petition any documents, as specified therein, within the allotted time.

(2) Possible Dismissal of Case; Notice: In any case in which a properly completed statement of compliance referenced in paragraph (I)(1) of this Local Bankruptcy Rule, together with attached documents as specified therein, is not filed at the time of the filing of

the voluntary petition, the Clerk shall issue a notice that the debtor either must (a) file the

same not later than 3 days after the filing of the petition; or (b) timely file a response and

attend a hearing to explain why the case should not be dismissed. Unless the Court orders

otherwise, if the debtor has filed a statement under FRBP 1007(b)(3)(B), but does not file

the documents required by FRBP 1007(b)(3)(A), the Clerk shall issue a notice that the

debtor either must (a) file the same within 14 days of the order for relief; or (b) timely

file a response and attend a hearing to explain why the case should not be dismissed. The

Clerk shall give notice of this Local Bankruptcy Rule to the debtor or debtor’s counsel

who files a petition not accompanied by the required statement of compliance with credit

counseling requirement referenced in paragraph (I)(1) of this Local Bankruptcy Rule.

RULE 1007-1 LISTS, SCHEDULES AND STATEMENTS

(J) Chapter 13 Debtor’s Statement of Completion of Instructional Course Concerning Personal Financial Management: Pursuant to FRBP 9006(b), and as governed by FRBP 1007(c),

the time to file the chapter 13 debtor(s) “Certification About a Financial Management

Course” (Official Form 423) shall be deemed enlarged, and the chapter 13 debtor(s), unless the

Court has been notified by an approved provider of a course concerning personal financial management that the chapter 13 debtor(s) has completed the course pursuant to FRBP 1007(b)(7),

shall file the certification of completion of a course within the time specified in LBR 4008-2(A)

for filing the Debtor(s) Certification of Compliance with 11 U.S.C. §1328.

Comments

1007-1(A) This change is necessary because of the addition of LBR

1017-3. [Change effective 2/1/00.]

1007-1(I) This new rule is to implement the procedure approved by

the Judges at their November 1997 meeting requiring the submission of

the List of Creditors by diskette beginning January 1, 1999. This

speeds up the case opening process and reduces overall creditor related errors. For more information on the required procedure, refer to

the attached Exhibits 5, 6, and 7. Exhibits 6 (Creditor Matrix Diskette

- Cover Sheet for List of Creditors) and 7 (Request for Waiver to File

Conventionally) were deleted as exhibits. These forms are available at

the Court’s Internet web site http://www.vaeb.uscourts.gov and can

be accessed by clicking the “Bankruptcy Forms” button on the

Court’s Internet home page. The former Exhibits 6 and 7 are in

Adobe Acrobat format. [Change effective 3/1/01.]

1007-1(I)(2)-(3) The rule provisions have been changed to clarify the

time within which the petition filer has to cure a deficiency in the list

of creditors. [Change effective 4/1/03.]

1007-1Selected text from former Interim Procedure 1007-1(A), (C),

(E) and (F) have been incorporated into LBR 1007-1(A), (C), (E) and

(F). LBR 1007-1(G) is repealed. Selected text from Interim Procedure

1007-1 (H) is incorporated into new LBR 1007-1(G). Interim Procedure 1007-1(I) is incorporated into new LBR 1007-1(I). The term

“time” has been deleted and the term “date” inserted in lieu thereof

into LBR 1007-1(H)(4)(b). Selected text from Interim Procedure 10071(J)(1) and (4) has been incorporated into LBR 1007-1(I)(1) and (2),

respectively. In addition, time-computation adjustments have been

made, as needed, to conform to a revision to the Federal Rules of

Bankruptcy Procedure that takes effect December 1, 2009. Stylistic

changes have been made to the text of the LBR as well. [Changes effective

12/01/09.]

1007-1(J) Paragraph (J) is new and makes the time to file the Chapter

13 Debtor’s Statement of Completion of Instructional Course Concerning Personal Financial Management the same as that specified in

LBR 4008-2(A). [New paragraph (J) effective 09/03/13.]

RULE 1007-3 STATEMENT OF INTENTION

1007-1(I) This change is necessary because of the amendment to

FRBP 1007, which creates a new subdivision (f) effective December

1, 2003. [Change effective 12/1/03.]

1007-1(I) (1) The reference to Exhibit D and that form’s title have

been removed since the exhibit has been eliminated. The requested

information now is asked in Part 5 of a new Official Form 101, which

is applicable to individual debtors. Other information is provided in

the form as well. [Changes effective 12/1/15.]

1007-1(J) This change clarifies that that an approved provider of a

course concerning personal financial management may notify the

Court that the chapter 13 debtor(s) has completed the requisite course

as provided for in FRBP 1007(b)(7). Reference is made to new Official Form 423, which supersedes Official Form 23. The new form is

reformatted with additional changes made as well. [Change effective

12/1/15.]

1007-1(A), (C), (H)(2) and (3) and (I)(2) These rule provisions are

amended as a result of the holding in No v. Gorman, 891 F.3d 138

(4th Cir. 2018). Rule 1007-1(H)(1) and (3) also has been amended to

update the identified media that should be used to provide the referenced documents to the Clerk. [Changes effective 11/15/19.]

RULE 1007-3 STATEMENT OF INTENTION

(A) Possible Dismissal of Case; Notice: Except as provided in 11 U.S.C. § 521(a)(2)(A), the

Clerk shall monitor the filing of a Statement of Intention. If the Statement of Intention is not

filed with the chapter 7 voluntary petition, the Clerk shall issue a notice that the debtor either

must (1) file the Statement of Intention or a motion to extend the time for filing the same within

30 days after the filing of the petition, or on or before the date of the meeting of creditors,

whichever is earlier; or (2) timely file a response and attend a hearing to explain why the case

should not be dismissed.

(B) Motion to Extend Time: A motion to extend time for filing a Statement of Intention shall be

accompanied by proof of service evidencing service on the United States trustee, any appointed

trustee, and all affected secured creditors. The motion to extend time shall state that any party

objecting to the extension of time must file a written objection with the Clerk within 7 days after

service of the motion.

Clerk shall enter an order extending time for filing to 14 days after the scheduled meeting of

creditors. The Clerk’s order shall further provide that the debtor either must (1) file the Statement of Intention or further motion to extend time for the same by the date set forth therein; or

(2) timely file a response and attend a hearing to explain why the case should not be dismissed.

(D) Hearing on Further Extension: Any debtor requesting an extension of time to file the

Statement of Intention more than 14 days after the scheduled meeting of creditors must request a

hearing date and give notice to parties as set out in 11 U.S.C. § 521(a)(2)(A) and file proof of

service with the motion to extend time.

RULE 1009-1 AMENDMENTS TO LISTS & SCHEDULES

(E) Notice of Possible Dismissal: The Clerk shall give notice of this Local Bankruptcy Rule to a

debtor or debtor’s counsel who files a petition unaccompanied by the Statement of Intention.

Comments

1007-3(C) This change is necessary because of the addition of LBR

1017-3. [Change effective 2/1/00.]

1007-3 LBR 1007-3(A), (B) and (F) are repealed. LBR 1007-3(C),

(D), (E), (G) and (H) are re-designated LBR 1007-3(A), (B), (C), (D)

and (E), respectively. The LBR citation at new (D) is deleted and the

citation to the noted title 11 provision is inserted. In addition, timecomputation adjustments have been made, as needed, to conform to a

revision to the Federal Rules of Bankruptcy Procedure that takes effect

December 1, 2009. Stylistic changes have been made to the LBR text

as well. [Repeals and changes effective 12/01/09.]

1007-3(A) and (C). These rule provisions are amended as a result of

the holding in No v. Gorman, 891 F.3d 138 (4th Cir. 2018). [Changes

effective 11/15/19.]

RULE 1009-1 AMENDMENTS TO LISTS & SCHEDULES

(A) Filing of Amendment with Clerk: Each amendment shall be accompanied by a properly

completed Amendment Cover Sheet. When an amendment adds creditors to a bankruptcy case,

the amendment shall be accompanied by a list of the creditors so added. The list shall be in the

format specified by the Clerk. An Amendment Cover Sheet form and instructions for preparing

the list of creditors added are available from the Clerk upon request.

(B) Notice to Affected Parties: If the debtor adds creditors to the case by supplementing either

the schedules or the list of creditors previously filed, the debtor shall serve upon each newlylisted creditor a copy of the following:

(1) the amendment;

(2) the meeting of creditors notice;

(3) the order granting discharge (if any);

(4) any other filed document affecting the rights of said creditor; and

(5) the notice required by LBR 3003-1(B).

Comments

1009-1 The text at LBR 1009-1(A) and (B) have been removed and

substitute text has been adopted for both paragraphs. LBR 1009-1(C)

remains unchanged. Paragraph (C) has been removed as it no longer

conforms to applicable case law on this subject. Stylistic changes have

been made to the LBR as well. [Changes effective 12/01/09.]

RULE 1017-1 CONVERSION

RULE 1014-2 DECLARATION OF DIVISIONAL VENUE [Repealed]

Comments

1014-2 In light of changes made to Official Form 1, Voluntary Petition, the Declaration of Venue form no longer is required and this

LBR is repealed for that reason. [Repeal effective 12/01/09.]

RULE 1015-1 JOINT ADMINISTRATION OF ESTATES

In all joint petitions filed with the Court, the case will be administered through joint administration of the estates unless the trustee or other interested party files an objection to joint administration within 14 days after the meeting of creditors and gives notice of a hearing date on such objection.

Comments

1015-1 A time-computation adjustment has been made to conform to

a revision to the Federal Rules of Bankruptcy Procedure that takes effect December 1, 2009. [Change effective 12/01/09.]

RULE 1017-1 CONVERSION

(A) Schedule of Unpaid Debts: Within 14 days after conversion of a case, the debtor shall file

either:

(1) a schedule of unpaid debts incurred after commencement of the original bankruptcy

case, and a list of creditors in the format required by the Clerk or

(2) a certification that no unpaid debts have been incurred since the commencement of

the case.

(B) Filing of Schedule of Unpaid Debts: If the debtor fails to file the schedule and list referred to

in paragraph (A)(1) of this Local Bankruptcy Rule on the date of conversion of the case, any such

subsequent filing shall be treated as an amendment under LBR 1009-1 and the debtor shall give all

required notices.

ordered by the Court, in a case converted from chapter 11, 12 or 13 to chapter 7, the debtor shall file

Official Form 122A-1 “Chapter 7 Statement of Your Current Monthly Income,” within 14 days

after conversion. In a case of an individual debtor converted to chapter 11, the debtor shall file Official

Form 122, “Chapter 11 Statement of Your Current Monthly Income,” within 14 days after entry

of the conversion order. In a case of an individual debtor converted to chapter 13, the debtor shall file

Official Form 122C-1, “Chapter 13 Statement of Your Current Monthly Income and Calculation of Commitment Period,” within 14 days after entry of the conversion order.

(D) Report of the Debtor in Possession or Trustee: Upon the failure of the debtor in possession or

trustee in a superseded case to file the report required under FRBP 1019(5), the United States trustee

shall certify the matter to the Court for appropriate action.

RULE 1017-2 VOLUNTARY DISMISSAL OF CHAPTER 13 CASES

Comments

1017-1(A) Wording added for clarification and reference to the number

of copies required upon conversion and the filing of the Schedule of

Unpaid Debts.

1017-1(B) Change of wording necessary so that anything filed after the

conversion date is to be treated as an amendment and the debtor is responsible for the noticing.

1017-1(D) It was felt that the responsibility for monitoring the filing

of these reports was with the U.S. Trustee since FRBP 1019(5) requires the report go to the U.S. Trustee in the first place.

1017-1 LBR 1017-1 is amended. Reserved (C) is removed and a new

paragraph (C) from former Interim Procedure 1017-1(C) is inserted.

Paragraph (D) has been amended. In addition, time-computation adjustments have been made, as needed, to conform to a revision to the

Federal Rules of Bankruptcy Procedure that takes effect December 1,

2009. Stylistic changes have been made to the text of the LBR as well.

[Changes effective 12/01/09.]

1017-1(C) Paragraph (C) has been amended to conform to Official

Bankruptcy Form number and name re-designations that take effect December 1, 2014. [Change effective 12/01/14.]

1017-1 New Official Forms 122A-1, 122B, and 122C-1 are derived

from Official Forms B22A-1, B22B, and B 22C. Revisions have been

made to these forms in addition to stylistic changes made throughout

the forms. [Changes effective 12/1/15.]

RULE 1017-2 DISMISSAL FOR SUBSTANTIAL ABUSE OF CHAPTER 7 [Repealed]

Comments

1017-2 Although the Clerk will continue to provide notice, under

FRBP 1017(e), doing so need no longer be established by Local Bankruptcy Rule. [Repeal effective 12/01/09.]

RULE 1017-2 VOLUNTARY DISMISSAL OF CHAPTER 13 CASES (New)

(A) Service: A debtor seeking to dismiss a pending chapter 13 case that has not previously

been converted shall provide the chapter 13 trustee, the United States trustee, and any creditor that has appeared or has filed a proof of claim at least 7 days’ notice of such motion, unless the notice period has been shortened by the Court for cause shown.

(B) Contents of Motion: The motion to dismiss must state whether the case was previously

converted from any other chapter of title 11 and whether there are pending motions to convert the case to chapter 7 or pending motions to dismiss the case with prejudice.

RULE 1017-3 SUSPENSION OF AUTOMATIC DISMISSAL

(C) Notice: The notice of the motion to dismiss shall contain language substantially in accordance with Official Form 420A, “NOTICE OF MOTION,” and setting forth substantially the following:

NOTICE

Under Local Bankruptcy Rule 1017-2, unless a written response to this

motion is filed with the Clerk of Court and served on the debtor(s) within

7 days from the date of service of this motion objecting to the relief requested, the Court may deem any opposition waived, treat the motion as

conceded, and issue an order granting the requested relief without further

notice or hearing.

(D) Requirement of Written Response: If no response is filed and served in accordance

with paragraph (C) of this Local Bankruptcy Rule, the Court, in its discretion, may enter an

order dismissing the case without holding a hearing. If a response is timely filed, the debtor

shall obtain from the Court a hearing date on the motion to dismiss and shall serve notice of

the hearing on the respondent, the chapter 13 trustee and the United States trustee. Unless

otherwise ordered by the Court, the debtor shall serve such notice of hearing not less than 7

days before the hearing.

Comments

1017-2 This new Local Bankruptcy Rule provides a procedure by

which a debtor may seek to dismiss a pending chapter 13 case, provided, however, that the case previously has not been converted. The

prior Local Bankruptcy Rule 1017-2, which addressed case dismissal

for substantial abuse of chapter 7, was repealed effective December

1, 2009. [New Rule effective 11/15/19.]

RULE 1017-3 SUSPENSION OF AUTOMATIC DISMISSAL [Repealed]

Comments

1017-3 LBR 3015-2 has been amended. The revision to LBR 1017-3

conforms to that amendment. [Change effective 9/1/06.]

1017-3 A stylistic change has been made to the text of the LBR.

[Change effective 12/01/09.]

1017-3 (1) A technical change is made to the reference to LBR 1007-3

- from paragraph (C) to paragraph (A), therein. (2) As set forth in the

first sentence, the phrase, “or if the debtor was a debtor in another

case pending at any time within 12 months preceding the filing of the

present case” is repealed. This change means that the rule only would

apply to a situation in which the debtor’s case previously had converted

from one chapter of title 11 to another chapter of title 11. (3) A stylistic

change is made whereby the term “rule” is deleted where it appears in

the text. [Changes effective 12/1/15.]

1017-3 This rule is abrogated as a result of the holding in No v. Gorman, 891 F.3d 138 (4th Cir. 2018). [Change effective 11/15/19.]

RULE 1071- DIVISIONS

RULE 1020-1 SMALL BUSINESS CHAPTER 11 REORGANIZATION CASES [Repealed]

Comments

1020-1(A) Change from forty-five days to sixty days required due to

the amendments to the FRBP that became effective December 1,

1997.

1020-1 This Rule is repealed in light of changes made under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 and

earlier repeal of Interim Procedure 1020-1. [Repeal effective 12/01/09.]

RULE 1071-1 DIVISIONS

(A) District: The Eastern District of Virginia consists of the counties, cities and towns as set

forth in 28 U.S.C. §127, and the places for holding court are therein prescribed as Alexandria,

Newport News, Norfolk, and Richmond.

(B) Divisions: This district shall be divided into four divisions, to be designated as the Alexandria,

Newport News, Norfolk and Richmond Divisions. The place for holding court for each of said

divisions shall be the city whose name the division bears, and the territory comprising, and

embraced in, each of the said divisions shall be as follows:

(1) The Alexandria Division shall consist of the cities of Alexandria, Fairfax, Falls

Church, Manassas and Manassas Park, and the counties of Arlington, Fairfax, Fauquier,

Loudoun, Prince William and Stafford, and any other city or town geographically within the

exterior boundaries of said counties.

(2) The Newport News Division shall consist of the cities of Hampton, Newport News,

Poquoson and Williamsburg, and the counties of Gloucester, James City, Mathews and

York, and any other city or town geographically within the exterior boundaries of said

counties.

(3) The Norfolk Division shall consist of the cities of Cape Charles, Chesapeake, Franklin,

Norfolk, Portsmouth, Suffolk and Virginia Beach, and the counties of Accomack, Isle of

Wight, Northampton and Southampton, and any other city or town geographically within the

exterior boundaries of said counties.

(4) The Richmond Division shall consist of the cities of Colonial Heights, Emporia,

Fredericksburg, Hopewell, Richmond and Petersburg, and the counties of Amelia, Brunswick,

Caroline, Charles City, Chesterfield, Dinwiddie, Essex, Goochland, Greensville, Hanover, Henrico,

King and Queen, King George, King William, Lancaster, Lunenburg, Mecklenburg, Middlesex,

New Kent, Northumberland, Nottoway, Powhatan, Prince Edward, Prince George, Richmond,

Spotsylvania, Surry, Sussex and Westmoreland, and any other city or town geographically within

the exterior boundaries of said counties.

(5) All of the waters, and the lands under such waters, adjacent and opposite to any city,

county or town shall be a part of the division of which said city, county or town is a part,

and wherever there are any waters between any city, county or town which are in different

divisions, then such waters and land under them shall be considered to be in both divisions.

RULE 2002-1 NOTICE TO CREDITORS & OTHER INTERESTED PARTIES

(6) In the event of any annexation or merger of any cities and/or counties, the land lying

within the merged or annexed area shall be deemed within the exterior boundaries of the

original city or county to the same intent and purpose as if the annexation or merger had

not occurred, unless otherwise modified by local bankruptcy rule.

Comments

1071-1 Stylistic changes have been made to the text of the LBR.

[Changes effective 12/01/09.]

RULE 1074-1 CORPORATIONS, LIMITED LIABILITY COMPANIES OR

PARTNERSHIPS

A voluntary petition or consent to an involuntary petition filed by a corporation, limited liability

company, general partnership, limited liability partnership or limited partnership, shall be signed

by an attorney and accompanied by a copy of the corporate resolution or other appropriate

authorization, duly attested to, authorizing such filing.

Comments

1074-1 In addition to a corporation, a limited liability company, general

partnership, limited liability partnership, or limited partnership must meet

the requirements set forth in the Rule. [Amendment effective 12/01/09.]

RULE 2002-1 NOTICE TO CREDITORS & OTHER INTERESTED PARTIES

(A) Proponent to Give Notice

Except as stated elsewhere in the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure,

these Local Bankruptcy Rules, or by order of the Court, the proponent of any action shall give

notice to all parties affected thereby.

(B) Notice by Publication

(1) Place of Publication: All notices requiring advertisement shall be published at least

once unless otherwise required by rule or statute, and such notice shall be published in

newspapers of general circulation as follows:

(a) In proceedings at Alexandria, in the Washington Post.

(b) In proceedings at Newport News, in the Daily Press.

(d) In proceedings at Richmond, in the Times-Dispatch.

(2) Time of Publication: All notices shall be published at least 7 days prior to requiring

any action, and a longer notice shall be given when required by rule or statute or where

deemed proper by the Court.

RULE 2002-1 NOTICE TO CREDITORS & OTHER INTERESTED PARTIES

Service on the United States trustee shall be made electronically to the following e-mailbox addresses:

Alexandria Division: USTPRegion04.AX.ECF@usdoj.gov

Richmond Division: USTPRegion04.RH.ECF@usdoj.gov

Norfolk and Newport News Divisions: USTPRegion04.NO.ECF@usdoj.gov

(D) Inspection of List of Creditors: When any person orders and receives a list of creditors from the

Clerk, it shall be the responsibility of that person to inspect the labels to ensure that all parties required

to receive notice are included thereon.

(E) Notices to Equity Security Holders: Unless otherwise ordered by the Court, the debtor is responsible for sending notice of the filing of the bankruptcy to equity security holders except when

either:

(1) the list of equity security holders is filed with the petition or

(2) the equity security holders are included on the list of creditors filed with the petition.

(F) Requirement of Proof of Service: At the end of each pleading, motion or other document required to be served upon a party, the proof of service shall be signed by counsel (or the pro se party)

conforming to LBR 5005-1(C)(8).

Comments

2002-1(D) This is a result of a suggestion from the bar to clarify and

expand on service requirements on the U.S. Trustee. Whereas the

Bankruptcy Code and FRBP require service of certain pleadings

on the U.S. Trustee, there are many gray areas. This revision clarifies

what documents not specifically required under the Bankruptcy Code

and FRBP need to be served on the U.S. Trustee and what documents

need to be filed with the Clerk of Court for transmittal by the Clerk to

the U.S. Trustee. The prior rule only related to documents and pleadings in Chapter 11 cases, whereas this revision covers all chapters.

2002-1(E) Reference to the mailing labels has been deleted to reflect

elimination of Item 15 of the Miscellaneous Fee Schedule to Bankruptcy Courts for mailing labels. If a party requests addresses or mailing labels and does not have access to PACER, the Court will provide a

list of creditors in lieu of mailing labels.

2002-1(G) This change simplifies the proof of service language to note

that it just needs to conform to LBR 5005-1(C)(8). [Change effective

2/1/00.]

2002-1(D)(3) This addition will allow parties the option to provide service to the United States Trustee’s offices by electronic mail to a central office location. [New rule effective 4/1/03.]

2002-1 LBR 2002-1(C)(1)(a) has been amended to substitute the

Washington Examiner for the Alexandria Journal. The Alexandria

RULE 2003-1 MEETING OF CREDITORS & EQUITY SECURITY HOLDERS

Journal no longer is being published and its place has been taken by the

Washington Examiner. [Change effective 9/1/06.]

2002-1 Paragraph (A)(2) is deleted as is the heading to paragraph

(A)(1). Paragraph (B) is deleted. Paragraphs (C), (D), (E), (F), (G) and

(H) become paragraphs (B), (C), (D), (E), (F) and (G), respectively.

New subparagraph (B)(1)(a) is amended. New paragraph (C) is

amended by re-titling the header, striking paragraph (C)(1) and (C)(2),

deleting the header at paragraph (C)(3) and modifying the text by deleting all text through the word “means” and making other noted

changes; and deleting the word “paper” at paragraph (F) and inserting

in lieu thereof the word “document.” Stylistic changes have been made

to the text as well. LBR 2002-1(H) is derived from former Interim Procedure 2002-1(I). In addition, time-computation adjustments have

been made, as needed, to conform to a revision to the Federal Rules of

Bankruptcy Procedure that takes effect December 1, 2009. [Changes

effective 12/01/09.]

RULE 2003-1 MEETING OF CREDITORS & EQUITY SECURITY HOLDERS

(A) Policy: [Repealed]

(B) Possible Dismissal for Failure to Appear

(1) Possible Dismissal of Case; Notice: Notice of possible dismissal for failure to attend

the meeting of creditors shall be provided in the notice of §341 meeting.

(2) Possible Dismissal of Case; Order: Upon certification by the United States trustee

that either debtor or debtor's counsel has not appeared at a meeting of creditors, the

Clerk shall issue an order for the debtor to appear and explain why the case should not

be dismissed

(3) Asset Chapter 7 and 11 Cases: In a chapter 7 or 11 case, upon certification by the United

States trustee that either debtor or debtor’s counsel has not appeared at a meeting of creditors

and that it appears that there may be assets available for distribution to creditors, the Clerk

shall issue a notice to show cause to the debtor and debtor’s attorney.

(4) Rescheduled Meeting of Creditors; Notice: If the order dismissing the case is subsequently vacated by the Court, then the attorney for the debtor(s), or the debtor(s), if

pro se, shall forthwith obtain from the judge assigned to the case or the Clerk a new date

and time for a rescheduled meeting of creditors. Within 7 days of obtaining a new date

and time for a rescheduled meeting of creditors, the attorney for the debtor(s), or the

debtor(s), if pro se, shall serve written notice to all creditors and other parties in interest

and file proof of service with the Clerk. Notice shall be given in a form approved by the

Clerk.

meeting of creditors to reschedule the meeting at the request of the attorney for the debtor(s), or

the debtor(s), if pro se, then the attorney for the debtor(s), or the debtor(s), if pro se, shall

forthwith obtain from the United States trustee, a new date and time for a rescheduled meeting of

RULE 2003-1 MEETING OF CREDITORS & EQUITY SECURITY HOLDERS

creditors. Within 7 days of obtaining a new date and time for a rescheduled meeting of creditors,

the attorney for the debtor(s) or the debtor(s), if pro se, shall serve written notice of the rescheduled meeting of creditors to all creditors and other parties in interest and file proof of service with the Clerk. Notice shall be given in a form approved by the Clerk.

Comments

2003-1(B) Suggestion made by the Norfolk U.S. Trustee and Chapter

13 Trustee to require the debtor to provide the proper notice of the rescheduled meeting.

2003-1(B) This change retains the automatic dismissal provisions of

the Local Bankruptcy Rules, which have proved effective, but now

encourages the prompt prosecution and administration of the case. At

the same time, the change limits the ability for a quick exit not subject to the review of the trustee, creditors or the court in those circumstances where abuse is likely to occur. [Change effective 2/1/00.]

2003-1(B) The phrase “or has appeared not ready to proceed” has been

removed where it appears in paragraph (B). [Change effective 09/03/13.]

2003-1(C) This change deletes the requirement that the notice of the

rescheduled meeting note the automatic extension of the deadline to file

objections to discharge and complaints to determine dischargeability to

60 days after the new date set forth for the meeting. Exhibit 8 has

been modified to conform to this change. [Change effective 7/1/00.]

2003-1(C) Suggestion made by the Norfolk U.S. Trustee and Chapter

13 Trustee to require the debtor to provide the proper notice of the

rescheduled meeting. In addition, this rule now requires that the notice of the rescheduled meeting note the automatic extension of the

deadline to file objections to discharge to 60 days after the new date

set for the meeting. Please refer to Exhibit 8 for a copy of the approved form notice.

Exhibit 8 (Hearings/Meetings - Notice of Rescheduled Meeting of

Creditors) was deleted as an exhibit. This form is available at the

Court’s Internet web site http://www.vaeb.uscourts.gov and can be

accessed by clicking the “Bankruptcy Forms” button on the Court’s

internet home page. The former exhibit 8 is in Adobe Acrobat format.

[Change effective 3/1/01.]2003-1(B)(2) This change is intended to clarify

the application of the rule to Chapter 7, 11, 12 and 13 cases. [Change

effective 4/1/03.]

2003-1(B)(3) This change clarifies that the United States Trustee’s certification for the Clerk’s issuance of a rule to show cause is applicable only to Chapter 7 and 11 asset cases. [Change effective 4/1/03.]

2003-1(B)(4) While the United States Trustee is responsible for administering meetings of creditors, new meeting dates under the rule best

can be provided by the Judge or by the Clerk’s Office. [Change effective

4/1/03.]

RULE 2004-1 EXAMINATION

2003-1(B)(4) This rule clarifies the period of time in which the attorney for the debtor(s), or the debtor(s), if pro se, must serve notice of a

rescheduled meeting of creditors on all creditors and other parties in

interest. [Change effective 8/1/03.]

2003-1(C) The first sentence of the rule has been deleted as being inconsistent with the statutory responsibilities of the United States Trustee. The rule also clarifies that only the United States Trustee may permit the rescheduling of a meeting of creditors. [Change effective 8/1/03.]

The rule also has been amended to conform to the service of notice

change made in Rule 2003-1(B)(4). [Change effective 8/1/03.]

2003-1(A) This rule has been repealed to conform the Court’s practice

to that of the other courts in United States Trustee Region 4. [Change

effective 8/1/03.]

2003-1 Time-computation adjustments have been made, as needed, to

conform to a revision to the Federal Rules of Bankruptcy Procedure

that takes effect December 1, 2009. Stylistic changes have been made

to the text of the LBR as well. [Changes effective 12/01/09.]

2003-1 A stylistic change is made whereby the term “rule” is deleted

where it appears in the text. [Changes effective 12/1/15.]

2003-1 Subparagraph (B)(2)(a) and (b) are consolidated and amended

as a result of the holding in No v. Gorman, 891 F.3d 138 (4th Cir.

2018). [Changes effective 11/15/19.]

RULE 2004-1 EXAMINATION

(A) Service: Motions requesting examination under FRBP 2004 shall be served on the debtor,

debtor's counsel, the deponent, deponent's counsel (if known), the standing trustee, and the

United States trustee and filed with the Clerk.

(B) Objections: Parties shall have 7 days from the date of service to object to the motion.

(1) If an objection is filed, the movant shall request from the Court a hearing date,

transmit the notice of hearing to all parties in interest, and file the notice and proof of

service with the Clerk.

(2) If no objection is filed, the movant shall include in the proposed order either a

certification that the date set has been agreed to by the deponent and deponent's counsel

(if known) or that a good faith effort has been made to set a date without success.

Comments

This new rule notes the requirements for examination motions and objections to them.

RULE 2014-1 SERVICE OF MOTION FOR AN ORDER AUTHORIZING EMPLOYMENT IN A CHAPTER 11 CASE

2004-1(B)(2) Because the current portion of this rule may place an undue

burden on a movant in obtaining the agreement of the deponent and the

deponent’s counsel for a date to conduct the examination, this change has

been made to add language noting that a good faith effort was made to set a

date without success. [Change effective 2/1/00.]

2004-1 A time-computation adjustment has been made to conform to a

revision to the Federal Rules of Bankruptcy Procedure that takes effect December 1, 2009. A stylistic change has been made to the text of the LBR

as well. [Changes effective 12/01/09.]

RULE 2014-1 SERVICE OF MOTION FOR AN ORDER AUTHORIZING

EMPLOYMENT IN A CHAPTER 11 CASE

The motion, declaration and any proposed order shall be served on the parties listed below.

Any party moving for an order authorizing employment in a proceeding under chapter 11 of

the Bankruptcy Code shall, in plain language, inform all such parties of the filing of the

motion, disclosing in full and complete detail any actual or potential conflicts of interest, and

shall specify the method for objecting to the proposed order. Any objections to the proposed

employment shall be made in writing, filed with the Court, with a copy served on the movant

and the parties listed below, within 14 days from the date of service of the motion.

The motion, declaration and proposed order shall be served on:

1. the United States trustee;

2. any trustee appointed under 11 U.S.C. §1104;

3. any committee of unsecured creditors appointed pursuant to 11 U.S.C. §1102 or, if no

committee is appointed, the creditors included on the list filed under FRBP 1007(d);

4. all secured creditors; and

5. any other entity as the Court may direct.

Comments

2014-1 In several divisions, employment orders in Chapter 11 cases

have been submitted for entry without notice to any other parties except for the United States Trustee, who usually endorses such orders

prior to submission to a judge for entry. On several occasions, after

entry of such an order, other parties have learned of the retention and

moved to reconsider and vacate. This typically results in a hearing substantially after the entry of the original order with the accompanying

concerns as to what happens to fees accrued in the gap period, etc., if

the employment is denied. This rule requires a motion to retain a professional person be served upon the trustee, the creditors’ committee,

and the creditors included on the Rule 1007(d) list. [New rule effective

2/1/00.]

2014-1 A time-computation adjustment has been made to conform to a

revision to the Federal Rules of Bankruptcy Procedure that takes effect December 1, 2009. Stylistic changes have been made to the text of

the LBR as well. [Changes effective 12/01/09.]

RULE 2016-1 COMPENSATION OF PROFESSIONALS

RULE 2015-(a)-1 REQUIRED REPORTS OF DEBTORS IN POSSESSION

AND TRUSTEES

(A) Operating Business Reports: When the business of the debtor is authorized to be operated, the trustee in a chapter 7 or 11 case, the debtor in possession in a chapter 11 or 12

case or the debtor in a chapter 13 case in which the debtor is engaged in business, shall file

with the United States trustee, with the Court and with appropriate governmental units such

reports and summaries as are required under 11 U.S.C. §704(a)(8). Debtors in possession or

trustees in chapter 11 cases shall continue to file operating reports with the Court and the

United States trustee, on at least a calendar quarterly basis, until the case is converted, dismissed or a final decree has been entered by the Court.

(B) Chapter 7 Liquidation Reports: The trustee in a chapter 7 business case in which the

business is not being operated shall file semi-annual liquidation reports with the United

States trustee and with the Court.

the District Chapter 11 Closing Procedure to prepare and file the final report and motion for

final decree. The final report, or an interim report setting forth the status of the case and the

reason why the case cannot be closed, shall be filed with the Court and a copy served on the

United States trustee within 6 months after entry of the confirmation order.

(D) Clerk to Give Notice: When the United States trustee seeks to bring matters of case

administration or estate administration before the Court, the Clerk shall give appropriate

notice.

Comments

2015-(a)-1 Stylistic changes have been made to the text of the LBR as

well. [Changes effective 12/01/09.]

2015-(a)-1 A technical change has been made to the referenced title 11,

United States Code provision. [Change effective 09/01/11.]

RULE 2016-1 COMPENSATION OF PROFESSIONALS

(A) Interim Compensation: The party seeking interim compensation or reimbursement for

services under FRBP 2016 shall obtain a hearing date from the Court and shall give notice

as required in FRBP 2002(a)(6) and 2002(c)(2). The party shall file with the Court proof of

service evidencing proper notice of the scheduled hearing.

(B) Attorney's Disclosure Statement: Pursuant to 11 U.S.C. §329 and FRBP 2016, each

attorney representing a debtor under any chapter of the Bankruptcy Code shall file an Attorney's Disclosure Statement, irrespective of the amount of fees received or requested.

The Disclosure Statement, if not filed with the petition, shall be filed not later than 14 days

after the later of the filing of the petition or the date that counsel is engaged. If the representation by counsel is not in a case assigned to the Electronic Case Files System, the

Statement shall be filed in original only, with a certificate evidencing service upon the United

States trustee and the case trustee, if any. Otherwise, the Statement shall be filed consistent

with the Electronic Case Files System requirements approved by the Court.

RULE 2016-1 COMPENSATION OF PROFESSIONALS

(1) Generally

(a) The Court may award fees and expenses to the attorney for the debtor(s) in a chapter

13 case, without a hearing, at the Court’s discretion, in an amount not to exceed the fee,

as specified in the “Adjustment of Dollar Amounts” statement published and updated

periodically by the Clerk, as approved by the Court, as provided for in subparagraph

(C)(3)(a) of this Local Bankruptcy Rule, and subject to periodic adjustment, as provided

for in subparagraph (C)(3)(e) of this Local Bankruptcy Rule.

(b)(i) An application for an initial request for compensation in excess of the amount

authorized under subparagraphs (C)(1)(a) and (C)(3)(a) must conform to Federal Rule

of Bankruptcy Procedure 2016 and this Local Bankruptcy Rule.

(ii) An application for a supplemental fee, as authorized under subparagraph

(C)(3)(d), regardless of the amount sought, must conform to Federal Rule of

Bankruptcy Procedure 2016 and this Local Bankruptcy Rule.

(iii) An application, as prescribed in subparagraph (C)(1)(b)(i) or (ii) of this Local

Bankruptcy Rule, must conform to the requirements set forth in subparagraphs

(C)(3)(d)(i) and (ii) of this Local Bankruptcy Rule.

must elect and declare the manner with which to request compensation in the case,

either:

(i) as set forth in subparagraphs (C)(1)(a) and (C)(3)(a) of this Local

Bankruptcy Rule, or

(ii) by filing an application for compensation and reimbursement of

expenses in the manner set forth in subparagraphs (C)(3)(d)(i) and (ii)

of this Local Bankruptcy Rule.

(d) An attorney requesting compensation by application in accordance with subparagraph (C)(1)(c)(ii) of this Local Bankruptcy Rule, shall file with the Clerk a properly

completed form substantially in compliance with the Application for Compensation

of Attorney for Debtor(s) approved by the Court (Exhibit 10-A to these Local Bankruptcy Rules) and available from the Clerk upon request or from the Court’s Internet

web site, www.vaeb.uscourts.gov. A proposed order allowing compensation shall

include the summary (and accompanying table), as set forth at paragraph 4 of Exhibit

10-A.

(2) Fees Requested Not in Excess of $3,000 [For All Cases and Proceedings Filed Prior

to August 1, 2014]: Exhibit 9 to these Local Bankruptcy Rules, with respect to the time

periods specified therein, for all cases and proceedings filed prior to August 1, 2014, shall

govern fee and actual and necessary expense reimbursement requests.

RULE 2016-1 COMPENSATION OF PROFESSIONALS

(3) Amount of “No-Look” Fee Specified under Subparagraphs (C)(1)(a) and (C)(3)(a)

(a) If the initial fee charged to a debtor(s) for services in a Chapter 13 case does not

exceed the fee, as specified in the “Adjustment of Dollar Amounts” statement published

and updated periodically by the Clerk, as approved by the Court, (excluding the initial

filing fee), a formal application for approval and payment of the unpaid amount through

the chapter 13 plan will not be required if the total fee and the unpaid portion clearly is

set forth in the chapter 13 plan, and the fee is consistent with the disclosure of compensation statement filed under Federal Rule of Bankruptcy Procedure 2016 at the commencement of the case. An election under this subparagraph must be made at the

commencement of the case; otherwise, it shall be deemed waived and compensation and

reimbursement of expenses shall be requested in the manner set forth in subparagraph

(C)(3)(d)(i) and (ii) of this Local Bankruptcy Rule.

(i) The chapter 13 plan and Rule 2016 disclosure of compensation statement will be

treated as the application required by Rule 2016(b), and the order confirming the plan

will be treated as an order approving compensation.

(ii) The attorney for the debtor(s) shall serve a copy of the chapter 13 plan and Rule

2016 disclosure of compensation statement on the debtor(s), the chapter 13 trustee and

the United States trustee. With the Rule 2016 disclosure of compensation statement,

the attorney for the debtor(s) shall file a proof of service evidencing proper service, as

set forth herein.

(iii) Alexandria and Richmond Divisions: Any objection to allowance and payment of compensation in the amount stated in the chapter 13 plan must be filed no

later than the last day for filing objections to confirmation of the plan. If no objection is filed, the Court may approve the disclosed compensation and confirm the

plan without holding a hearing.

(iv) Norfolk and Newport News Divisions: Any objection to allowance and payment of compensation in the amount stated in the chapter 13 plan must be filed

no later than the last day for filing objections to confirmation of the plan. If no

objection is filed, the Court may approve the disclosed compensation when the

plan is confirmed after holding a hearing.

(v) The attorney for the debtor(s) should not send a bill directly to the debtor(s).

If the debtor(s) receive(s) a bill from the debtor’s(s’) attorney, the debtor(s) should

send a copy of the bill to the chapter 13 trustee.

(vi) Notwithstanding the provisions of subparagraph (C)(3)(a)(iii) of this Local

Bankruptcy Rule, nothing will prevent or prohibit the United States trustee or the

chapter 13 trustee from filing pleadings or otherwise challenging fees awarded under

this rule to the attorney for the debtor(s) after confirmation of the debtor’s(s) plan,

should circumstances warrant such a challenge. Any such challenge shall be determined by the Court after notice and a hearing. In addition, the Court, sua sponte, may

suspend the application of this rule to the debtor’s(s’) attorney. In such case, the attorney for the debtor(s) may request a hearing within 14 days of the Court's ruling.

RULE 2016-1 COMPENSATION OF PROFESSIONALS

(b) Exhibit 9 to these Local Bankruptcy Rules does not apply to the foresaid cases and

proceedings under paragraph (C)(3) of this Local Bankruptcy Rule.

attorney for the debtor(s) elect(s), and declare(s), at the commencement of the case, to

request compensation not to exceed the amount set forth in subparagraphs (C)(1)(a) and

(C)(3)(a), that attorney shall not unbundle legal services in the case and must cover, at a

minimum, all services typically required during the pendency of the case including, but

not limited to, those that reasonably would be expected to obtain confirmation of a plan,

and, ultimately, completion of the plan and, if available, a discharge.

(d) Should a debtor(s) need to commence or defend an adversary proceeding under Part 7

of the Federal Rules of Bankruptcy Procedure, or an appeal, the attorney for the debtor(s)

may request leave to withdraw as attorney or to seek additional compensation in connection with the adversary proceeding or appeal. The representation of a debtor(s) in connection with any such adversary proceeding or appeal would be treated as a separate billing

matter, for which the Court may allow additional compensation, after notice and a hearing,

on a time-and effort basis, subject to the supplemental fee application process set forth

below.

(i) The supplemental fee application must be supported by detailed, contemporaneous time and expense records showing, for each discrete activity, the date and

time expended, identity of the attorney or paralegal providing the service and

amount requested. For the purpose of this provision, a “contemporaneous” time and

expense record is one made at or near the time of the activity being recorded or the

expense being incurred, but in any event no later than the next business day. Any

time entry that has been reconstructed because contemporaneous records were not

made, or, if made, are not available, must be identified clearly, and an explanation

provided for the absence of a contemporaneous record. The application for supplemental compensation shall state the period covered by the application. Time entries

should be shown to the nearest tenth of an hour (i.e., the nearest 6 minutes), and

travel time should be shown separately from any court appearance or other out- ofcourt activity to which it relates. The application shall affirmatively state the

amount, if any, of posted time and charges written off in the exercise of billing discretion.

(ii) An attorney requesting supplemental compensation by application in accordance

with subparagraph (C)(3)(d)(i) of this Local Bankruptcy Rule, shall file with the Clerk

a properly completed form substantially in compliance with the Application for

Supplemental Compensation of Attorney for Debtor(s) approved by the Court (Exhibit10-B to these Local Bankruptcy Rules) and available from the Clerk upon request or from the Court’s Internet web site, http://www.vaeb.uscourts.gov. A proposed order allowing compensation shall include the summary (and accompanying

table), as set forth at paragraph 4 of Exhibit 10-B.

(iii) At the Court’s discretion, in addition to the supplemental fee application described

in subparagraph (C)(3)(d)(i) above, a hearing on the application need not be held upon

the consent of the chapter 13 trustee as evidenced by that individual’s endorsement on

a proposed order approving the application.

RULE 2016-1 COMPENSATION OF PROFESSIONALS

(iv) In lieu of the procedure set forth in subparagraph (C)(3)(d)(i) of this Local

Bankruptcy Rule, the attorney for the debtor(s) may elect to disclose a fee of $500

plus any out-of-pocket expenses (e.g., the filing fee, title search fees or appraisal fees)

to represent the debtor(s) in such an action, the disclosure of which must be made at

the commencement of the adversary proceeding, appeal, or motion initiating the

action to determine the extent, validity, priority or enforceability of a lien secured by

the debtor’s(s’) principal residence.

(e) The level of compensation set forth at subparagraphs (C)(1)(a) and (C)(3)(a) of this

Local Bankruptcy Rule will be adjusted on a periodic basis to apply to the cases

commenced after the adjusted level becomes effective by:

(i) the percentage of adjustment to the rate of pay prescribed in the General

Schedule for statutorily affected federal civilian employees;

(ii) an increase in the filing fee for a case commenced under chapter 13 of title 11,

United States Code.

Comments

2016-1(B) This change clarifies how compensation should be paid or

disclosed when new counsel is substituted. [Change effective 2/1/00.]

2016-1(C) This paragraph is repealed. Its provisions will be governed

by standing order of the Court. [Repeal effective 3/17/08.]

2016-1 A time-computation adjustment has been made at paragraph

(B) to conform to a revision to the Federal Rules of Bankruptcy Procedure that takes effect December 1, 2009. Stylistic changes have been

made to the text of the LBR as well. [Changes effective 12/01/09.]

2016-1(C) Standing Order No. 08-1 is rescinded effective as to chapter

13 cases filed on or after the effective date of this paragraph’s implementation. That standing order remains in effect, however, for previously filed chapter 13 cases. This paragraph includes procedures governing all chapter 13 cases filed on or after the effective date of this

paragraph’s implementation. [New Rule effective 8/1/14.]

2016-1 Subparagraphs (C)(1)(a) and (C)(3)(e) are amended to provide

a means by which adjustments to dollar amounts provided for in this

rule can be made available without the necessity of amending discrete

rule provisions. For this purpose, the Clerk has been directed by the

Court to publish an “Adjustment of Dollar Amounts” statement, and

update that statement periodically, as directed by the Court. To do so,

the Clerk has created an “Adjustment of Dollar Amounts” hyperlink at

the Court’s Internet web site home page, www.vaeb.uscourts.gov, at

the “Court Resources” button on that page. A stylistic change also is

made to subparagraph (C)(1)(a). [Changes effective 12/1/15.]

2016-1 Subparagraph (C)(3)(a)(iii) is amended, a new (iv) is added,

and current (iv) and (v) are re-designated (v) and (vi), respectively, in

RULE 2090-1 ATTORNEYS - RIGHT TO PRACTICE BEFORE THE COURT; PRO SE PARTIES

light of the referenced change in procedure for the Norfolk and Newport News Divisions. (See combined Norfolk Standing Order No. 181 and Newport News Standing Order No. 18-1, which was entered on

October 9, 2018, and provides that, “Confirmation Hearings will be

held with regard to all Chapter 13 original and amended plans filed on

or after October 29, 2018,” in the aforesaid divisions of the Court.)

RULE 2016-2 ADMINISTRATIVE CLAIMS OF ENTITIES OTHER THAN

PROFESSIONALS

Except for fees and expenses subject to 11 U.S.C. §330, a chapter 7 trustee shall have the authority, prior to approval of the trustee’s final report, without further order of the Court, to pay:

(1) reasonable and necessary administrative expenses in an aggregate amount not exceeding the

amount specified in the “Adjustment of Dollar Amounts” statement published and updated periodically by the Clerk, as approved by the Court, per case; and (2) administrative taxes. The dollar limit specified in the “Adjustment of Dollar Amounts” statement will be adjusted in the same

manner as the adjustments provided for by 11 U.S.C. §104(a).

Comments

2016-2 This rule is new. The adjustments under 11 U.S.C. §104(a) are

made every three years, the first such adjustments having occurred on

April 1, 1998, and are published in the Federal Register. The dollar

limit specified in the “Adjustment of Dollar Amounts” statement is the

same as the federal exemption for motor vehicles provided in 11 U.S.C.

§ 522(d)(2) (currently $3,675), and therefore the periodic adjustment

will be easily ascertainable by reference to that section. Use of this

statement provides a means by which the information can be made

available without the necessity of amending discrete rule provisions

For this purpose, the Clerk has been directed by the Court to publish an

“Adjustment of Dollar Amounts” statement, and update that statement

periodically, as directed by the Court. To do so, the Clerk has created

an “Adjustment of Dollar Amounts” hyperlink at the Court’s Internet

web site home page, www.vaeb.uscourts.gov, at the “Court Resources” button on that page. [New Rule effective 12/1/15]

RULE 2090-1 ATTORNEYS - RIGHT TO PRACTICE BEFORE THE COURT;

PRO SE PARTIES

(A) Bar of the Court: Those attorneys who are admitted to practice before this Court shall

comprise the Bar of the United States Bankruptcy Court for the Eastern District of Virginia.

(B) Qualifications for Admission and the Right to Practice Before the Court: Effective

September 1, 2019, an attorney, to qualify for admission and to maintain the right to practice

before this Court, shall be administered the oath of admission upon the filing of an acceptable

application to practice before the Court and shall be and at all times must remain a member in

good standing of the Bar of the Commonwealth of Virginia and of the Bar of the United States

District Court for the Eastern District of Virginia.

RULE 2090-1 ATTORNEYS - RIGHT TO PRACTICE BEFORE THE COURT; PRO SE PARTIES

(1) Members of the Bar of this Court as of September 1, 2019: To maintain the right to

practice before this Court, all members in good standing of the Bar of this Court as of

September 1, 2019, must comply with Sections 1 or 2 of the Continuing Practice Protocol

(Exhibit 14 to these Local Bankruptcy Rules) no later than January 8, 2021. A member of

the Bar of this Court in good standing who fails to timely comply with this subparagraph

will not be permitted to practice before this Court, which includes, but is not limited to, the

suspension of the attorney’s CM/ECF privileges.

(a) An attorney who loses the privilege to practice in this Court under paragraph

(B)(1) of this Local Bankruptcy Rule may apply for reinstatement in accordance

with Section 6 of the Continuing Practice Protocol (Exhibit 14 to these Local

Bankruptcy Rules).

before this Court shall file with the Clerk written application therefor accompanied by an

endorsement by two qualified members of the Bar of this Court stating that the applicant is of

good moral character and professional reputation and is qualified to practice bankruptcy law. The

Clerk of this Court shall supply such application upon request. As a part of the application, the

applicant shall certify that the said applicant has within 90 days prior to the application read or

reread (1) the Federal Rules of Civil Procedure (FRCP), (2) the Federal Rules of Evidence, (3)

the Federal Rules of Bankruptcy Procedure (FRBP) and (4) the Local Bankruptcy Rules of this

Court.

(D) Presentation: A qualified member of the Bar of this Court who has examined the

credentials of the applicant and, if found sufficient, may present the applicant to the Court for

admission. If admitted, the applicant shall take the oath required for admission, sign the roll of

the Bar of this Court and, thereafter, be issued a certificate of qualification by the Clerk.

(E) Other Attorneys:

(1) Western District of Virginia: Any attorney who is a member in good standing of both

the Bar of the United States District Court for the Western District of Virginia and the Bar

of the United States Bankruptcy Court for the Western District of Virginia shall be

admitted to practice in the bankruptcy courts of the Eastern District of Virginia upon filing

with the Clerk of this Court:

(a) a certificate of the Clerk of the United States District Court for the Western District

of Virginia stating that said attorney is a member in good standing of the Bar of that

District;

(b) a certificate of the Clerk of the United States Bankruptcy Court for the Western

District of Virginia stating that said attorney is a member in good standing of the Bar

of that District; and

90 days, read the Local Bankruptcy Rules of this Court.

(2) Members of the Bar of this Court as of September 1, 2019, based upon a certificate

of good standing of the United States Bankruptcy Court for the Western District of

Virginia: To maintain the right to practice before this Court, all members admitted to

RULE 2090-1 ATTORNEYS - RIGHT TO PRACTICE BEFORE THE COURT; PRO SE PARTIES

practice based upon a certificate of good standing of the United States Bankruptcy Court

for the Western District of Virginia and who are in good standing of the Bar of this Court

as of September 1, 2019, must comply with Section 3 of the Continuing Practice Protocol

(Exhibit 14 to these Local Bankruptcy Rules). Such members who fail to comply with this

subparagraph will not be permitted to practice in this Court, which includes, but is not

limited to, suspension of the attorney’s CM/ECF privileges.

(a) An attorney who loses the privilege to practice in this Court under paragraph (E)(2)

of this Local Bankruptcy Rule may apply for reinstatement in accordance with Section

6 of the Continuing Practice Protocol (Exhibit 14 to these Local Bankruptcy Rules).

(3) Foreign Attorneys:

(a) Application: An attorney, qualified to practice in the United States District Court

of another state, the District of Columbia or a territory of the United States may

appear and practice in cases pro hac vice before this Court upon motion of a member

of the Bar of this Court, provided that in all appearances said attorney shall be

accompanied by a member of this Bar. Applicants for pro hac vice admission shall

complete a written application, which shall be appended to and incorporated by

reference in the aforesaid motion. As a part of the application, the applicant shall

certify that the said applicant has within 90 days prior to the application read or reread

(1) the Federal Rules of Civil Procedure (FRCP), (2) the Federal Rules of Evidence,

(3) the Federal Rules of Bankruptcy Procedure (FRBP) and (4) the Local Bankruptcy

Rules of this Court. If the Court finds the application otherwise appropriate, the

Court may order the pro hac vice admission of the applicant. Except where a party is

not represented by counsel, any pleading or notice required to be signed by counsel

must be signed by counsel who is a member of the Bar of this Court, who shall have

entered an appearance of record in the case, with the office address in the state where

notice can be served, and who shall have such authority that the Court can deal with

that attorney alone in all matters connected with the case. Such appearance shall not be

withdrawn without leave of the Court. Service of notice or other proceedings on the

attorney shall be equivalent to service on the client. Where a party is not represented

by counsel, the party shall include on each pleading an address within the district

where notice can be served.

(b) Adversary Proceedings: An attorney intending to appear in an Adversary

Proceeding shall file the motion only in the case in which an Adversary Proceeding is

pending. Admission shall apply to the case and all related Adversary Proceedings.

file a separate motion to appear in the case notwithstanding entry of any order in the

case granting admission.

(d) Pro Hac Vice Admittees Prior to November 16, 2020: Attorneys admitted pro

hac vice under subparagraph (a) prior to November 16, 2020, must comply with

Section 5 of the Continuing Practice Protocol (Exhibit 14 to these Local Bankruptcy

Rules) no later than January 8, 2021. Such pro hac vice admittees who fail to timely

comply with this subparagraph will retain the privilege to appear and practice pro

hac vice under subparagraph (a), but will lose CM/ECF filing privileges until they

comply with Section 5 of the Continuing Practice Protocol, confirming their pro hac

vice in an active case or proceeding.

RULE 2090-1 ATTORNEYS - RIGHT TO PRACTICE BEFORE THE COURT; PRO SE PARTIES

(4) Attorneys for Federal, State, or Local Governments:

(a) Attorneys Permitted to Practice Upon Certification: Effective November 16,

2020, the following attorneys are permitted to appear and practice in this Court in

the performance of their official duties upon the filing of an acceptable “Certification

of Qualifying Government Employment Under Local Bankruptcy Rule 2090(E)(4)(a)” with the Clerk:

(i) Federal government attorneys appearing pursuant to the authority of

the United States Attorney’s Office for the Eastern District of Virginia; or

(ii) Federal government attorneys appearing pursuant to the authority of

the United States Trustee for Region 4.

1. The privilege to appear and practice in this Court under subparagraph (E)(4)(a)(ii) excludes the filing of a notice of appeal or

litigation of an appeal from a judgment, order or decree of this

Court unless the attorney is authorized to practice law in the

court to which the appeal is taken.

(b) Attorneys Under Subparagraph (E)(4)(a)(i)-(ii) Who Have Appeared or Filed a

Pleading in this Court Prior to November 16, 2020: To maintain the privilege to

appear and practice in performance of their official duties, attorneys must, no later

than January 8, 2021, either become admitted to practice before this Court under

paragraphs (B), (B)(1), (E)(1) or (E)(2) of this Local Bankruptcy Rule or file with the

Clerk an acceptable “Certification of Qualifying Government Employment under

Local Bankruptcy Rule 2090-1(E)(4)(a)” in accordance with Section 4 of the

Continuing Practice Protocol (Exhibit 14 to these Local Bankruptcy Rules). An

attorney who fails to timely comply with this subparagraph will not be permitted to

practice before this Court, which includes, but is not limited to, the suspension of the

attorney’s CM/ECF privileges.

(i) An attorney who loses the privileges to practice in this Court under

subparagraph (E)(4)(b) of this Local Bankruptcy Rule may apply for

reinstatement in accordance with Section 6 of the Continuing Practice

Protocol (Exhibit 14 to these Local Bankruptcy Rules), if applicable.

16, 2020, all other federal, state or local government attorneys must be admitted to

practice before this Court under paragraphs (B) or (E)(1) of this Local Bankruptcy

Rule or secure local counsel who is a member in good standing of the Bar of this

Court.

(d) Attorneys Under Subparagraph (E)(4)(c) Who Have Appeared or Filed a

Pleading in this Court Prior to November 16, 2020: To maintain the privilege to

appear and practice before this Court, attorneys must become admitted to practice

before this Court under paragraphs (B), (B)(1), (E)(1) or (E)(2) of this Local

Bankruptcy Rule no later than January 8, 2021. An attorney who fails to comply with

RULE 2090-1 ATTORNEYS - RIGHT TO PRACTICE BEFORE THE COURT; PRO SE PARTIES

this subparagraph will not be permitted to practice before the Court, which includes,

but is not limited to, the suspension of the attorney’s CM/ECF privileges.

(i) An attorney who loses the privilege to practice in this Court under

subparagraph (E)(4)(d) of this Local Bankruptcy Rule may apply for

reinstatement in accordance with Section 6 of the Continuing Practice

Protocol (Exhibit 14 to these Local Bankruptcy Rules), if applicable.

(F) Attorneys Filing Pleadings: Every attorney making an appearance or presenting papers, suits

or pleadings for filing other than a request for notices under FRBP 2002(g), must:

(1) be a member in good standing of the Bar of this Court or permitted to practice in this

Court pursuant to a “Certification of Qualifying Government Employment Under Local

Bankruptcy Rule 2090-1(E)(4)(a)”; and

(2) be a member in good standing of the Bar of the Commonwealth of Virginia or the state

in which the attorney is admitted.

All other attorneys must have qualified counsel join in the pleading by endorsement. Any

attorney who joins in a pleading will be held accountable for the case by the Court.

(G) Withdrawal of Appearance: No attorney who has entered an appearance in any case or

proceeding shall withdraw as counsel except for cause, on order of the Court after reasonable

notice to the party on whose behalf the attorney has appeared.

(H) Appearance at All Proceedings:

(1) Appearance by Counsel for the Debtor: Any attorney who is counsel of record for a

debtor, or debtors, in a bankruptcy case must be present and appear at all Court

proceedings involved in the case unless excused or given permission to withdraw, or unless

counsel has filed a pleading stating that the debtor has no objection to, or does not oppose,

the relief requested, or counsel has endorsed without objection an order resolving the

motion, objection or application.

(2) Appearance by Other Counsel of Record: Any attorney who has filed a pleading in a

bankruptcy case must be present and appear at all Court proceedings involving that

pleading unless Counsel:

(a) has been excused by the Court;

(b) has been given permission to withdraw by order of the Court;

(d) has provided opposing or another counsel appearing at the initial pretrial

conference with available dates so that a trial date can be established.

(I) Professional Ethics: The ethical standards relating to the practice of law in this Court shall

be the Virginia Rules of Professional Conduct now in force and as hereafter modified or

supplemented. (“Virginia Rules”). Nothing contained herein shall in any manner be construed

as limiting the inherent authority and power of the Court to discipline, sanction, or hold in

contempt attorneys who appear before it pursuant to 11 U.S.C. § 105, Federal Rule of

RULE 2090-1 ATTORNEYS - RIGHT TO PRACTICE BEFORE THE COURT; PRO SE PARTIES

Bankruptcy Procedure 9011, or otherwise, or providing an exclusive procedure for the

discipline of attorneys who appear before the Court.

(1) Definitions: The following definitions apply:

(a) “Misconduct” means any act or omission by an attorney that violates the Virginia

Rules. Such an act or omission constitutes misconduct regardless of:

(i) whether the attorney performed the act or omission individually or in

concert with any other person or persons; or

(ii) whether the act or omission occurred in the course of an attorney client

relationship.

(b) “Discipline” includes, but is not limited to, temporary or permanent suspension

or disbarment from practice before the Court, or reprimand, censure, or such other

disciplinary action as the circumstances may warrant, including but not limited to

restitution of funds, imposition of monetary fines (whether payable to the Court or

otherwise), satisfactory completion of educational programs, compliance with

treatment programs, or community service.

(2) Imposition of Discipline: An attorney who commits or engages in Misconduct may be

subject to the imposition of Discipline by the Court after notice of such Misconduct and an

opportunity to be heard.

(3) Imposition of Discipline by Other Courts; Attorneys Convicted of Serious Crimes:

All counsel admitted to practice before this Court on any basis shall be admitted subject to

the rules, conditions, and provisions of the Federal Rules of Disciplinary Enforcement Rule

I, Rule II and Rule III, a copy of which is appended as Exhibit 11 to these Local

Bankruptcy Rules, except that any attorney disciplined or suspended, whether temporary or

permanent, by the United States District Court for the Eastern District of Virginia shall be

subject to the immediate imposition of the identical discipline in this Court.

(J) Courtroom Decorum: Counsel shall at all times conduct and demean themselves with

dignity and propriety. When addressing the Court, counsel shall rise unless excused therefrom

by the Court. All statements and communications to the Court shall be clearly and audibly made

from a standing position at the attorneys' lectern facing the Court or the witness. Counsel shall

not approach the bench unless requested to do so by the Court or unless permission is granted

upon the request of counsel.

Examination of witnesses shall be conducted by counsel standing behind the lectern. Counsel

shall not approach the witness except for the purpose of presenting, inquiring about, examining

the witness with respect to an exhibit. Only one attorney for each party may participate in the

examination or cross-examination of a witness.

(K) Third-Year Law Student Practice Plan: If the United States District Court for the Eastern

District of Virginia has in effect any plan for third-year law student practice, the provisions of

said plan apply equally to practice before this Court.

(L) Previous Practice Clause: All members in good standing of the Bar of the United States

District Court for the Eastern District of Virginia as of September 30, 1979, shall be deemed to

RULE 2090-1 ATTORNEYS - RIGHT TO PRACTICE BEFORE THE COURT; PRO SE PARTIES

be members of the Bar of the United States Bankruptcy Court for the Eastern District of

Virginia.

(M) Pro Bono Representation: An attorney representing a debtor who is a natural person on a

pro bono basis – meaning that the attorney has not received and will not accept, either directly

or indirectly, any payment in money, goods, or services in return for the attorney’s services in

that representation – shall not be deemed to receive “other consideration” based on that

representation for purposes of determining whether the attorney qualifies as a “debt relief

agency” under the Bankruptcy Code.

(N) Ghostwriting:

(1) Any attorney who prepares any document that is to be filed in this Court by a person who

is known by the attorney, or who is reasonably expected by the attorney, to be proceeding pro

se, shall be considered to have entered an appearance in the proceeding in which such

document is filed and shall be subject to all rules that govern attorneys who have formally

appeared in the proceeding.

(2) All litigants who are proceeding pro se shall certify in writing and under penalty of

perjury that a document(s) filed with the Court has not been prepared by, or with the aid of, an

attorney or shall identify any attorney who has prepared, or assisted in preparing, the

document.

Each document filed with the court by a pro se litigant shall bear the following certification:

CERTIFICATION

I declare under penalty of perjury that (Check one box):

☐

No attorney has prepared, or assisted in the preparation of this document.

or ☐ The following attorney prepared or assisted in the preparation of this document.

(Name of Attorney)

(Address of Attorney)

(Telephone Number of Attorney)

Name of Pro Se Party (Print or Type)

Signature of Pro Se Party

Executed on:

(Date)

RULE 2090-1 ATTORNEYS - RIGHT TO PRACTICE BEFORE THE COURT; PRO SE PARTIES

Comments

2090-1(B) Revision required to conform with requested change to LBR

2090-1(D).

2090-1(D) Change to reflect the decision made by the Judges that attorney admissions do not have to occur in open court.

Paragraph E(3) is added to authorize Federal and State Attorney Generals and their assistants to appear and practice in this court in the performance of their official duties. [Changes effective 1/1/97]

2090-1(H) This change requires presence of counsel for both debtors

and creditors at Court proceedings. [Change effective 2/1/00.]

2090-1(I) A reference to the Virginia Rules of Professional Conduct,

which became effective January 1, 2000, has been substituted for the

reference to the American Bar Association Canons of Professional

Ethics and Virginia State Bar canons. [Change effective 3/1/01.]

2090-1 Paragraphs (B) and (F) of this Local Bankruptcy Rule have

been amended to explicitly provide that an attorney must be and remain a member in good standing of the Bar of the Commonwealth of

Virginia or the state in which the attorney is admitted. [Change effective

9/1/06].

2090-1 Stylistic changes have been made to the text of the LBR.

[Changes effective 12/01/09.]

2090-1(M) Paragraph (M) is new and has been added to provide a safe

harbor for lawyers and law firms who routinely represent creditors

exclusively that they will not become a “debt relief agency” if they

provide representation to a debtor on a pro bono basis. Many firms

have adopted policies that prohibit lawyers of the firm from representing individual debtors in consumer bankruptcy cases even on a

pro bono basis. Thus many practitioners who would like to volunteer

to participate in bankruptcy pro bono projects are prevented from doing so. This new rule provision seeks to encourage the participation of

all lawyers in bar sponsored pro bono programs. [New paragraph (M) effective 10/13/14.]

2090-1 Paragraph (N) is new. This provision conforms to EDVA District Local Civil Rule 83.1(M) and bars a pro se litigant from having

an attorney assist in the preparation of a filing with the Court unless

that assistance is disclosed in writing. [New paragraph Effective 12/1/15.]

2090-1(I) The purpose of this amendment is two-fold: first, to provide

a mechanism, where the circumstances so require, for the discipline

of a member of the Bar of the United States Bankruptcy Court for the

Eastern District of Virginia; and second, consistent with a like

amendment to Local Civil Rule 83.1(L) and Local Criminal Rule

57.4(L) of the United States District Court for the Eastern District of

RULE 3003-1 CLAIMS IN CHAPTER 11 CASES

Virginia, to implement presumptive reciprocal enforcement of another court’s attorney disciplinary orders, including that of the United

States District Court for the Eastern District of Virginia, as part of the

reciprocal discipline process. [Change effective 03/15/18.]

2090-1(B), (E), and (F) Paragraphs (B) and (E) of this Local Bankruptcy Rule respectively have been amended to require that all members of the Bankruptcy Court Bar be members of the Bar of the

United States District Court for the Eastern District of Virginia, or, if

applicable, the Bar of the United States District Court for the Western

District of Virginia. Paragraph (F) of this Local Bankruptcy Rule includes the new requirement that a member of the Bankruptcy Court

Bar also must be a member of the Bar of the United States District

Court for the Eastern District of Virginia, and be a member in good

standing with both, in addition to other current requirements set forth

therein. [Changes effective 09/01/19.]

2090-1(B), (C), and (E)(2), (3), and (4), (F), (H) and (I). Paragraphs

(B) and (E)(2) of this Local Bankruptcy Rule are amended to: extend

the referenced deadlines, incorporate by reference a Continuing

Practice Protocol in a new Exhibit 14 to these Local Bankruptcy

Rules, and make provision for a non-complying attorney to seek

reinstatement to practice before the Court. A new subparagraph

(E)(3)(d) addresses pro hac vice admittees. A new subparagraph

(E)(4) changes the language pertaining to government attorneys to

mirror more closely Local Civil Rule 83.1(D)(4) of the United States

District Court for the Eastern District of Virginia. Deadline

requirements are specified in this subparagraph (E)(4), as well.

Paragraph (F) of this Local Bankruptcy Rule is amended to include

government attorneys permitted to practice under subparagraph

(E)(4)(a). A new “Certification of Qualifying Government

Employment Under Local Bankruptcy Rule 2090-1(E)(4)(a)” form

has been created, which is appended to the Continuing Practice

Protocol in new Exhibit 14. Technical changes are made, as well.

RULE 3003-1 CLAIMS IN CHAPTER 11 CASES

(A) Claims Bar Date: The last date for the filing of claims, other than a claim of a governmental

unit, in a chapter 11 case shall be 90 days after the date first scheduled for the meeting of creditors.

The last date for a governmental unit to file a proof of claim shall be 180 days after

the petition is filed in a voluntary chapter 11 case or an order for relief is entered in an

involuntary chapter 11 case. The Clerk shall give notice of the date in a separate notice of bar

date mailed with the notice for the meeting of creditors.

(B) Claims Scheduled as Disputed, Contingent or Unliquidated: The debtor in a chapter 11

case shall serve creditors whose claims are listed on the schedules as disputed, contingent or

unliquidated with a notice of the fact within 14 days after the later of:

RULE 3007-1 OBJECTIONS TO CLAIMS

(1) the conversion of the case to chapter 11;

(2) the filing of the schedules of liabilities; or

(3) the filing of an amendment to the schedules of liabilities adding such creditors. The

debtor shall file with the Court a certification that service of the notice was made on the

affected creditors within 7 days after the notice is served.

Comments

The Clerk is directed to provide a separate notice of the claims bar

date in chapter 11 cases. Paragraph (B) is new. [Changes effective1/1/97]

3003-1 Time-computation adjustments have been made, as needed,

to conform to a revision to the Federal Rules of Bankruptcy Procedure that takes effect December 1, 2009. Stylistic changes have been

made to the text of the LBR as well. [Changes effective 12/01/09.]

RULE 3004-1 FILING OF CLAIMS BY DEBTOR OR TRUSTEE

A debtor’s attorney or a trustee electronically filing a proof of claim on behalf of a creditor

under FRBP 3004 shall be responsible for giving notice of such filing to the creditor, debtor

and trustee as required by that rule and shall attach to the proof of claim a certification of such

notice.

Comments

3004-1This rule is new and provides that a debtor’s attorney or trustee

filing a proof of claim on a creditor’s behalf give notice of such filing

to the indicated persons, and attach a certification to that effect. [New

Rule effective 12/1/15.]

RULE 3007-1 OBJECTIONS TO CLAIMS

(A) Contents of Objection: All objections to claims shall state with particularity the grounds

therefor and shall set forth the relief or order sought.

(B) How Objection Heard: An objection to a proof of claim may be noticed for a hearing date

obtained from the Clerk or may be accompanied by a notice providing opportunity for the

creditor to request a hearing. If the notice of opportunity to request a hearing procedure is used,

and the creditor serves and files a timely request for a hearing, it is the responsibility of the

objecting party to obtain a hearing date from the clerk and give notice to the creditor of the

hearing date. In any Division which has a regular motions day practice, the objection may be

made returnable to a motions day in compliance with the motions day practice in that Division.

(D) Requirement of Written Response: A creditor served with an objection to claim shall file

and serve on the objecting party, a response thereto within 30 days of service if a notice of

opportunity to request a hearing is given, or 7 days prior to the hearing if the objection is accompanied by a notice of hearing. If no response is filed, the court may treat the objection as

conceded, and may enter an order without holding a hearing disallowing the claim in whole or

part as set forth in the objection to claim.

RULE 3011-1 UNCLAIMED FUNDS

(E) Notice: Each objection to claim, whether set to request a hearing or accompanied by notice

of opportunity for hearing, shall contain or be accompanied by the following notice substantially

in accordance with Official Form 420B, “NOTICE OF OBJECTION TO CLAIM”, and also

providing notice to the creditor in substantially the following form:

NOTICE

Under Local Bankruptcy Rule 3007-1, unless a written response and a request for hearing on this objection are filed with the Clerk of the Court and

served on the objecting party and the trustee within 30 days of the service

of this objection, the Court may deem any opposition waived, treat the objection as conceded, and enter an order granting the requested relief without

a hearing.

Comments

The addition of this rule was made to clarify the procedures with regard to

objections to claims. Given that FRBP 3007 expressly deals with objections to claims, the decision was made to add this rule and amend LBR

9013-1 as required. In addition, it notes the use of the Official Form 20B

that was approved by the Judicial Conference at its September 1997 meeting with the mandatory implementation date of March 1, 1998.

3007-1 Paragraph (C) is repealed in light of Local Bankruptcy Rule 50052, which mandates electronic case filings in the Court’s Case Management/Electronic Case Files (CM/ECF) System and authorizes the Clerk to

promulgate and revise the Court’s Electronic Case Files (CM/ECF) Policy.

In addition, time-computation adjustments have been made, as needed, to

conform to a revision to the Federal Rules of Bankruptcy Procedure that

takes effect December 1, 2009. Stylistic changes have been made to the

text of the LBR as well. [Repeal and changes effective 12/01/09.]

3007-1(E) The current form is replaced with new Official Form 420B,

which includes stylistic changes. The form also is amended to change the

phrase “mail” to “send” to reflect the fact that there are various methods

of providing documents to other parties. [Changes effective 12/1/16.]

RULE 3011-1 UNCLAIMED FUNDS

(A) Deposit of Unclaimed Funds: All unclaimed funds collected by the Court shall be

immediately deposited into the United States Treasury and not into the registry of the Court.

(B) Disposition of Unclaimed Funds

(1) Requirements for Pro Se Creditor/Claimant - Self Representation: A request for return of an unclaimed dividend must be in writing and in the form of a motion filed with the

Court. A Form W-9, Request for Taxpaper Identification Number and Certification, also

must be completed, signed and filed with the motion. The exempt payee box should be

checked on the Form W-9. The form and accompanying instructions are accessible at the

RULE 3011-1 UNCLAIMED FUNDS

Bankruptcy Forms page on the Court’s Internet web site. Creditor/claimant must sign a

certificate of mailing reflecting that the motion was served on the United States attorney for

the Eastern District of Virginia, pursuant to 28 U.S.C. §2042, and on the United States

trustee. The motion must state:

(a) the name, address, telephone number and a brief history of the creditor from

the filing of the claim to present (to reflect possible reasons for the funds not

being deliverable at the time of original distribution);

(b) whether the claim has been assigned to the creditor, and, if so, copies of all

documents evidencing assignment must be appended to the motion; and

entitled to the funds.

The motion must contain a certificate of a notary public, which bears the seal of the

notary, that such notary has examined the motion and documents presented by the

creditor/claimant establishing identity.

If the creditor/claimant is a corporation, it must be represented by a member of the bar

of this Court. In addition, if the creditor/claimant is a successor corporation, creditor/claimant shall provide documents establishing the chain of ownership of the original corporate claimant as proof of entitlement to the claim. The motion must state

whether or not the moving party believes that any other party may be entitled to the

funds.

As provided for in LBR 9013-1(M)(1), notice of the motion shall be in substantial compliance with Official Form 420A, allowing 21 days’ notice for written responses objecting

to the relief requested and must contain the “NOTICE” language substantially in the form

set forth therein. Movant must sign a certificate of mailing reflecting that the motion was

served on the United States attorney for the Eastern District of Virginia and on the United

States trustee.

(2) Requirements for the Representative of the Estate of a Deceased Claimant: The

representative must comply with all requirements in paragraph (B)(1) of this Local

Bankruptcy Rule. Certified copies of all probate documents to substantiate the representative's right to act on behalf of th

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