Local Rules
TABLE OF CONTENTS
BANKRUPTCY LOCAL RULES
BLR 1001-2. Effective Date; Transitional Provision; Revocation of Existing Rules.
BLR 1001-3. Scope of Rules; Construction.
BLR 1006-1. Failure to Remit Fee.
BLR 1015-1. Related Title 11 Cases Definitions.
BLR 1015-2. Identification of Related Cases Required.
BLR 1070-1. Jurisdiction of United States Bankruptcy Court.
BLR 1071-1. Divisions - Bankruptcy Court.
BLR 1071-2. Definitions. See BLR 9001-1.
BLR 2004-1. Examinations pursuant to Bankruptcy Rule 2004.
BLR 2090-1. Admission to the Bar.
BLR 2090-2. Permission to Practice in a Particular Case.
BLR 2091-1. Standard of Professional Conduct and Discipline by the Court.
BLR 3001-1 Filing Proof or Transfer of Claim or Interest.
BLR 3007-1 Objection to Allowance of Claim; Service.
BLR 3022-1. Quarterly Trustee Reports and Final Reports in Chapter 11 Cases.
BLR 4001-1. Motion for Ex Parte Relief from Stay Based on Lack of Insurance Coverage.
BLR 4008-1. Reaffirmation Agreements of Pro Se Debtors.
BLR 5005-1. Format Requirements.
BLR 5005-2. Copies of Petitions and Papers.
BLR 5005-3. Incorporation of Pleadings.
BLR 5005-4. Signature; Nonconforming Pleadings.
BLR 5005-5. Electronic Filing.
BLR 5005-7. Procedures for Filing Documents Electronically.
BLR 5005-8. Service of Electronically Filed Documents.
BLR 5005-9. Electronic Filing of Proof of Claim or Transfer of Claim.
BLR 5011-1. Withdrawal of the Reference: Form of Request; Place for Filing.
BLR 5011-2. Withdrawal of the Reference: Time for Filing of Motion.
BLR 5011-3. Withdrawal of the Reference: Copies and Required Exhibits.
BLR 5011-4. Withdrawal of the Reference: Responses to Motions to Withdraw the Reference; Reply.
BLR 5011-5. Withdrawal of the Reference: Transmittal to and Proceedings in the District Court.
BLR 5071-1. Continuances Generally.
BLR 5071-2. Continuances: Absence of Witnesses.
BLR 5071-3. Attorney Conflicts: Section 341 Meeting of Creditors.
BLR 5071-4. Attorney Conflicts: Appearances Before the Bankruptcy Court.
BLR 5072-1. Weapons Not Allowed in Courthouse.
BLR 5073-2. Provisions for Special Orders in Widely Publicized or Sensational Civil Cases.
BLR 6008-1. Redemption and Avoidance of Liens: Filing and Service of Motion.
BLR 6008-2. Redemption and Avoidance of Liens: Filing of Response Required.
BLR 7004-1. Dismissal Without Prejudice.
BLR 7007-1. Filing of Motions and Responses in Adversary Proceedings; Hearings.
BLR 7016-1 Rule 26(f) Conference and Rule 16(b) Scheduling Order.
BLR 7016-2. Form and Content of Consolidated Pretrial Order (Non-Jury).
BLR 7016-3. Form and Content of Consolidated Pretrial Order (Jury Trial).
BLR 7016-4. Pretrial Instructions: Sanctions.
BLR 7026-1. Rule 26(f) Conference.
BLR 7026-2. Discovery Period in Adversary Proceedings.
BLR 7026-3. Service and Filing of Discovery Material.
BLR 7037-1. Motions to Compel Discovery.
BLR 7041-1. Dismissal for Want of Prosecution.
BLR 7055-1. Dismissal for Want of Prosecution.
BLR 7056-1. Motions for Summary Judgment.
BLR 7067-1. Registry Funds, Unclaimed Funds, and Other Funds in the Custody of the Clerk.
BLR 9003-1. Applications to Judges in Chambers.
BLR 9003-2. Restrictions on Letter Communications to Bankruptcy Judge.
BLR 9006-1. Extensions of Time.
BLR 9007-1. Service of Specific Notices by the Bankruptcy Clerk.
BLR 9007-2. Service of Other Notices.
BLR 9007-3. Entities Entitled to Notice; Requests for Notice; Changes of Address.
BLR 9010-1. Admission to the Bar.
BLR 9010-2. Permission to Practice in a Particular Case.
BLR 9010-3. Standard of Professional Conduct and Discipline by the Court.
BLR 9010-5. Withdrawal; Responsibilities of Party No Longer Represented; Leave of Absence.
BLR 9013-1. Motions and Orders in Main Case.
BLR 9013-2. Preparation of Proposed Orders.
BLR 9013-3. Service of Orders and Notices.
BLR 9013-4. Motions to Shorten Time For Notice and Hearing.
BLR 9014-2. When Response or Objection to Motion or Notice Is Required.
BLR 9015-1. Jury Demands in Adversary Proceedings.
BLR 9015-2. Consent Procedure for Trial by Jury in the Bankruptcy Court.
BLR 9015-3. Procedure When Parties Do Not Consent to Trial by Jury in the Bankruptcy Court.
BLR 9017-1. Procedures Regarding Exhibits at Hearing or Trial.
BLR 9023-1. Motions for Reconsideration.
BLR 9027-1. Motions Pending on Removal.
LOCAL RULES OF THE
UNITED STATES BANKRUPTCY COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
These are the Local Rules of Practice for the United States Bankruptcy Court for the Northern District of Georgia. They may be cited as BLR.
BLR 1001-2. Effective Date; Transitional Provision; Revocation of Existing Rules.
These Rules govern all actions and proceedings pending on or commenced after October 17, 2005, except to the extent that in the opinion of the Bankruptcy Judge to whom the case is assigned, their application in an action or proceeding pending on October 17, 2005, would not be feasible or would work an injustice.
BLR 1001-3. Scope of Rules; Construction.
These Rules supplement the Local Rules of Practice for the United States District Court for the Northern District of Georgia, the Federal Rules of Bankruptcy Procedure and the Federal Rules of Civil Procedure and shall be construed so as to be consistent with those Rules and to promote the just, efficient, and economical determination of every case, proceeding, or matter, except that these Rules shall not apply to those proceedings or matters where they may be inconsistent with Rules or provisions of law specifically applicable thereto.
BLR 1006-1. Failure to Remit Fee.
Pleadings received by the Bankruptcy Clerk for filing with the full filing fee not attached shall be marked "received," but they shall not be filed. The Bankruptcy Clerk will notify counsel or the party that the pleadings are being held and that they will not be filed until the full filing fee is received or an order is issued allowing the pleadings to be filed in forma pauperis or allowing the filing fee to be paid in installments.
BLR 1015-1. Related Title 11 Cases Definitions.
(a) Companion Cases. A "Companion Case" means a case filed by a petitioner where a case is pending, or where a case at any time during the immediately preceding two years was pending, in
this district in which any of the following is or was the debtor:
(1) spouse of the debtor or alleged debtor; or
(2) an "affiliate" of the debtor or alleged debtor within the meaning of 11 U.S.C. §101(2).
(b) Re-filed Case. A "Re-filed Case" means a case filed by the petitioner where a case at any time during the immediately preceding two years was pending in which the debtor or alleged debtor was the debtor.
BLR 1015-2. Identification of Related Cases Required.
Upon the filing of a petition initiating a bankruptcy case under Title 11, United States Code, the petitioner shall, if the case is a Companion Case or a Re-filed Case, include on a separate document in a form provided by the Bankruptcy Clerk, a statement that the petition is a Companion Case or a Re-filed Case, and the case number and name of the Bankruptcy Judge who was assigned the case to which the Companion Case or Re-filed Case relates.
BLR 1070-1. Jurisdiction of United States Bankruptcy Court.
(a) Delegated Jurisdiction. Bankruptcy judges are judicial officers serving in the unit of the District Court known as the Bankruptcy Court. Each Bankruptcy Judge shall perform the duties set forth and may exercise the authority conferred in Section 104 of the Bankruptcy Amendments and Federal Judgeship Act of 1984, Pub.L. No. 98-353, 98 Stat. 333 (July 11, 1984) (as amended, codified as 28 U.S.C. §§ 151-58) with respect to any case, action, suit, or proceeding and may preside alone and hold a regular or special session of the Bankruptcy Court, except as otherwise provided by law or by Rule or order of the Bankruptcy Court.
(b) Jury Trials in Bankruptcy Court. In accordance with 28 U.S.C. § 157(e), the Bankruptcy Judges are specially designated to conduct jury trials where the right to a jury trial applies. This jurisdiction is subject to the express consent of all parties pursuant to the procedure set forth in BLR 9015-1.
BLR 1071-1. Divisions - Bankruptcy Court.
(a) The Northern District of Georgia consists of four divisions as outlined and described in 28 U.S.C. § 90. Refer to LR Appendix A, I, NDGa. for a list of counties comprising each division.
(b) Any bankruptcy case filed in this district pursuant to 28 U.S.C. §§1408, 1409 or 1410 must be filed in the division that would also satisfy the requirements of §§ 1408, 1409 or 1410.
(c) The Bankruptcy Court may transfer any bankruptcy case to another division within the district upon motion of a party in interest or sua sponte.
BLR 1071-2. Definitions. See BLR 9001-1.
BLR 2004-1. Examinations pursuant to Bankruptcy Rule 2004.
(a) Duty to Confer. Counsel and unrepresented persons shall have the duty to make a good faith effort to resolve by agreement among themselves any disputes with regard to an examination and production of documents under Bankruptcy Rule 2004, including its scheduling, its scope, its length, and the production of documents. Any objection to an order for a Rule 2004 examination, a motion to enforce compliance with such an order or with a subpoena under Bankruptcy Rule 9016, or a motion seeking to modify, limit, or quash such an order, shall be accompanied by a statement certifying that counsel for the moving or objecting party or an unrepresented moving or objecting party has conferred, or made a good faith effort to confer, with opposing counsel or unrepresented parties in an attempt to resolve the controversy by agreement but that such efforts were not successful.
(b) Examination by notice. Examinations and production of documents pursuant to Bankruptcy Rule 2004 may be initiated by notice if the entity to be examined consents. The notice shall specify the scope of the examination and the date, time and place of the examination; describe any documents to be produced; and shall be served upon the debtor, the debtor's attorney, the Chapter 7, 11, 12, or 13 trustee, as appropriate, the United States Trustee, and the entity to be examined. The notice must be filed and served no less than ten days before the date set for the examination.
(c) Length of Examination. No examination pursuant to Bankruptcy Rule 2004 shall last more than six hours without the consent of the entity being examined, unless the Bankruptcy Court orders otherwise.
BLR 2090-1. Admission to the Bar. See BLR 9010-1.
BLR 2090-2. Permission to Practice in a Particular Case. See BLR 9010-2.
BLR 2091-1. Standard of Professional Conduct and Discipline by the Court. See BLR 9010-3.
BLR 3001-1 Filing Proof or Transfer of Claim or Interest.
(a) Instructions for completion and filing proof or transfer of claim or interest. The Bankruptcy Court may from time to time enter general orders or publish guidelines for the completion and filing of a proof or transfer of claim or interest. These general orders or guidelines are available from the Bankruptcy Clerk and on the Bankruptcy Court’s website. A proof or transfer of claim or interest shall be filed in accordance with the format requirements of BLR 5005-1(a), (b), (d), and (h). A transfer of a claim for which a proof of claim has been filed shall state the claim number, as shown in the Claims Register, for the filed claim that is being transferred.
(b) Requirement for inclusion of name and address for service of notices and objections. Every proof or transfer of claim or interest shall contain (1) the name of the person who signs it typed or legibly printed beneath the signature and (2) the name of the holder of the claim or interest and the address where notices should be sent. The name and address of the holder or transferee of a claim or interest, as shown on the proof or transfer of the claim or interest filed with the Bankruptcy Court, shall be the mailing address to which notices may be sent concerning the proof or transfer of claim or interest, including objections to the claim or interest and notices of hearings concerning the claim or interest. Service of objections to the claim of a governmental entity shall be made pursuant to Bankruptcy Rule 7004.
(c) Electronic filing of proof or transfer of claim. Registered Users may electronically file a proof or transfer of claim in accordance with the provisions of BLR 5005-9.
BLR 3007-1 Objection to Allowance of Claim; Service.
(a) An objection to allowance of a claim for which a proof of claim has been filed shall include in its title the name of the holder of the proof of claim and the number of the proof of claim as shown in the claims register maintained by the Bankruptcy Clerk. If an objection addresses numerous claims, the names of the holders and the claims numbers may be set forth in an exhibit referenced in the title.
(b) An objection to allowance of a claim for which a proof of claim has been filed, and notices with regard thereto, may be served on a creditor as its name appears on the proof of claim or transfer of claim. If served by mail, the mail shall be addressed to the person signing the proof of claim at the address shown thereon or, if no name and address are stated, on the creditor at its address for notices provided in Bankruptcy Rule 2002(g). If an attorney for the creditor has appeared in the case, the objection and notice shall also be served on the attorney. An objection to a claim of a governmental entity shall also be served in accordance with Bankruptcy Rule 7004. A party objecting to a proof of claim shall promptly file a Certificate of Service in accordance with the Bankruptcy Rules of (i) the objection, (ii) notice of the hearing scheduled on the objection, and, (iii) if applicable, the notice given pursuant to paragraph (c) below. The Certificate of Service must be signed by the person making service and must include the name and address of all parties and attorneys served, the dates of service, and the manner of service.
(c) A written response to an objection to allowance of a claim is required if the objecting party provides notice to the holder of the claim that substantially complies with Form 3007-1(c).
BLR 3018-1. Procedure for Filing and Counting Ballots in Connection with Chapter 11 Plan Confirmation.
(a) Ballot Filing Procedure. Unless the Bankruptcy Court orders otherwise, a plan of reorganization proposed by any party in interest in a case under Chapter 11 shall provide that original completed ballots accepting or rejecting the plan be filed with the Bankruptcy Clerk.
(b) Plan Proponent's Duties Regarding Ballot Tabulation and Preparation of Report of Balloting. Prior to the hearing on confirmation of the plan but after the last day for filing written acceptances or rejections of the plan, counsel for the plan proponent shall count and tally all ballots filed with and maintained by the Bankruptcy Clerk or other authorized person, and shall prepare a Report of Balloting, which at a minimum shall include:
(1) a description of each class as designated in the plan and whether or not it is impaired as defined in the United States Bankruptcy Code, for example, "Class I, unsecured claim holders, impaired";
(2) for each impaired class, the total number of ballots filed, the number of ballots voting to accept and their aggregate dollar amount, and the number of ballots voting to reject and their aggregate dollar amount (any discrepancy between dollar amounts as indicated on a ballot and either a filed proof of claim or the debtor's schedules should also be noted);
(3) a conclusory paragraph indicating whether the plan has received the requisite acceptances to be confirmed under the Bankruptcy Code;
(4) regarding ballots that are not counted, a separate written statement explaining why such ballots were not counted with copies of all such ballots appended thereto; and finally,
(5) a separate written certificate signed by counsel for the plan proponent that all ballots as filed and maintained by the Bankruptcy Clerk or other authorized person were counted and tallied for the classes for which those ballots were filed except for those ballots appended to the aforementioned statement.
(c) Filing Report of Balloting and Proof of Service. At least three business days prior to the hearing on confirmation, the plan proponent shall file the Report of Balloting with the Bankruptcy Clerk and shall serve a copy of the Report and Notice that shows the date of filing upon the Office of the United States Trustee and all parties who have filed objections to confirmation. Proof of service thereof shall also be filed prior to said hearing with a copy thereof served upon the United States Trustee.
BLR 3022-1. Quarterly Trustee Reports and Final Reports in Chapter 11 Cases.
(a) In each calendar quarter in which fees are due under 28 U.S.C. § 1930(a)(6), the debtor in possession or trustee shall file and transmit to the United States Trustee the quarterly statement of disbursements and fees paid as required by Bankruptcy Rule 2015(a)(5).
(b) Within 120 days of the entry of the order of confirmation of a Chapter 11 plan, or after final compensation is approved, whichever is later, the debtor, trustee, successful plan proponent or other disbursing agent shall file and transmit to the United States Trustee a Final Administrative Expense Report which discloses the following administrative expenses:
(1) Trustee Compensation $___________
(2) Attorney for Trustee Compensation $___________
(3) Attorney for Debtor Compensation $___________
(4) All other Professional Compensation $___________
(5) All Expenses (include Bankruptcy Clerk special charges) $___________
(c) With the Final Administrative Expense Report, the debtor, trustee, successful plan proponent, or other disbursing agent shall file a report stating whether the estate has been fully administered within the meaning of Bankruptcy Rule 3022.
(d) The debtor, trustee, successful plan proponent, or other disbursing agent shall file a “Report of Substantial Consummation and Request for Final Decree” within 30 days of substantial consummation of the plan, unless the Bankruptcy Court otherwise orders.
BLR 4001-1. Motion for Ex Parte Relief from Stay Based on Lack of Insurance Coverage.
(a) If collateral securing a claim, including property which is the subject of a lease, is an over-the-road vehicle, such as an automobile, motorcycle, or trailer, or is a boat or an airplane, and if the same is not insured with full collision and comprehensive insurance, then the holder of such claim may file with the Bankruptcy Court a motion for ex parte relief from the stay of 11 U.S.C. § 362(a) pursuant to 11 U.S.C. § 362(f) to obtain possession of the collateral or leased property.
(b) A motion for ex parte relief from the stay under this Rule shall be verified and shall:
(1) Include a description of the collateral or leased property; a statement of the amount of the claim and the basis on which the claim is secured; a statement of the basis on which the moving party believes that the collateral or leased property is not insured with full comprehensive insurance; and a statement that the moving party or its attorney has given or attempted to give oral notice to the debtor's attorney or to the debtor, if the debtor is not represented by counsel, that the motion is being filed;
(2) Be accompanied by a proposed order which shall provide that:
(A) The debtor or trustee is prohibited from using the collateral or leased property unless and until adequate evidence of full collision and comprehensive insurance is presented to the holder of the claim;
(B) The debtor or trustee, whichever is in actual physical possession of the collateral or leased property, shall notify the holder of the claim of the location of the collateral;
(C) The debtor or trustee, whichever is in actual physical possession of the collateral or leased property, shall surrender it to the holder of the claim within 72 hours, unless within that time (i) the holder of the claim is provided with adequate evidence of full collision and comprehensive insurance or (ii) the debtor or trustee requests a hearing concerning same;
(D) The holder of the claim is authorized to take physical possession of collateral or leased property required to be surrendered under this Rule, and to hold same, provided that (i) the holder may not dispose of the collateral or leased property unless and until the automatic stay is modified or terminated or expires as a matter of law, and (ii) if the debtor or trustee provides adequate evidence of full collision and comprehensive insurance prior to the expiration or termination of the automatic stay, then the holder of the claim must return the property to the debtor or trustee; and
(E) Upon entry of the order, the holder of the claim or its attorney shall serve copies of the motion and order promptly on the debtor, the debtor's attorney, and the trustee, and shall provide telephonic notice of entry of the order to the debtor's attorney and the trustee, if the trustee is in actual physical possession of the property.
(c) This relief does not limit the availability of ex parte relief from the stay in accordance with the requirements of Bankruptcy Rule 4001(a)(2).
BLR 4008-1. Reaffirmation Agreements of Pro Se Debtors.
Any creditor who has entered into a reaffirmation agreement with a debtor acting pro se must file a motion to approve the reaffirmation agreement and obtain a date for hearing in accordance with the calendaring procedure of the Bankruptcy Judge to whom the case is assigned.
BLR 5005-1. Format Requirements.
The following provisions govern pleadings and other papers including motions, notices, proposed orders, and attachments thereto, filed in the Bankruptcy Court:
(a) Paper. All pleadings and other papers presented for filing other than electronically shall be on white opaque paper of good quality, 8½ inches wide by 11 inches long in size. Text or other material shall be on one side of the paper only. All pleadings and other papers filed electronically shall be prepared so that they may be printed on paper that is 8½ inches wide by 11 inches long in size.
(b) Typing. All pleadings and other papers shall be typed, printed, or legibly hand printed and shall not be materially defaced by erasures and interlineation. Pleadings and other papers filed in adversary proceedings and in contested matters shall have at least one and one-half spaces between lines.
(c) Margins. The first page of all pleadings and other papers shall leave a space two inches by two inches in the upper right corner of the first page for the filing stamp. Consecutive pages shall be prepared with a top margin of not less than one and one-half inches. All pleadings and other papers shall have a left margin of not less than one inch.
(d) Numbering. All pages shall be numbered consecutively at the bottom center of the page. Attachments shall be numbered consecutively within the attachment.
(e) Counsel Identification. The following shall appear on every pleading and other paper that an attorney files: Name, complete address (including post office box or drawer number and street address), telephone number, e-mail address, Georgia Bar number of counsel who is a member of the Georgia Bar, and, if counsel is not a member of the Georgia Bar, the state and bar number, if any, of the bar in which counsel is a member and regularly practices.
(f) Style. The caption of all pleadings and other papers shall contain the Chapter number (7, 9, 11, 12, or 13) under which the case is pending, the debtor's name, case number, and the initials of the Bankruptcy Judge to whom the case has been assigned.
(g) Cover Sheets.
(1) Petitions for Relief. Upon the filing of a petition for relief under Title 11, United States Code, the petitioner or the attorney for the petitioner shall submit a fully completed Cover Sheet (available from the Bankruptcy Clerk).
(2) Adversary Proceedings. Upon the filing of a complaint initiating an adversary proceeding, the plaintiff or the plaintiff's attorney shall prepare and submit to the Bankruptcy Clerk a fully completed Cover Adversary Proceeding Sheet (available from the Bankruptcy Clerk).
(h) Flat Filing; No Staples. All papers presented to the Bankruptcy Clerk or a Bankruptcy Judge for filing shall be flat and unfolded, shall not be stapled, and shall be bound at the top with a paper clip.
(i) Titles on Papers. All pleadings, motions, and other papers presented to the Bankruptcy Clerk or a Bankruptcy Judge for filing must bear clear designations of their content. Designations of pleadings shall conform with the nomenclature set forth in Rule 7 of the Federal Rules of Civil Procedure. When a document contains multiple contents (e.g., an answer to a complaint and a counterclaim or crossclaim or a motion and a supporting brief or memorandum), all matters contained in the document must be included in the caption on the first page of the document, except that, if the document contains a Certificate of Service with regard to the document, the Certificate of Service shall not be included in the caption.
(j) List of Creditors in Main Case. In addition to the schedules (or list of creditors if schedules are not filed with the petition), the debtor in a case under any chapter shall file a list of all creditors in mailing matrix format, as described in the guidelines available from the Bankruptcy Clerk, except that, if the debtor files the petition initiating a case through the Electronic Case Filing Program, the list of all creditors shall be filed in the format prescribed by the Electronic Case Filing Procedures.
BLR 5005-2. Copies of Petitions and Papers.
(a) Copies of Petitions and Papers to be Filed by Debtor. Except for a case that is filed electronically, the debtor shall file with the Bankruptcy Clerk at the Public Filing Counter an original and, in a chapter 11 case, three copies of: the original petition; the Statement of Affairs and the Schedules of Debts and Assets (the "Schedules"); and any amendment to the Schedules.
(b) Notice of Appeal from Any Order. Unless a Notice of Appeal is filed electronically, the Appellant shall file one copy with the original Notice of Appeal.
(c) Emergency Matters. Any pleading or motion that is not filed electronically and that requires immediate judicial attention shall be filed in duplicate, and the duplicate pleading shall clearly be marked, in the upper right corner, "DUPLICATE." A party filing a pleading or motion electronically that requires immediate judicial attention shall contact the chambers of the Bankruptcy Judge to whom the matter is assigned for direction as to whether a paper copy of the pleading or motion should be delivered to chambers.
(d) Copies to United States Trustee. A copy of the following pleadings and papers must be served on the United States Trustee:
(1) Applications for employment of professionals in cases under Chapter 7, 11 or 12;
(2) Applications for fees, compensation or other remuneration in cases under Chapter 7, 11, 12 or 13;
(3) Motions affecting the appointment or removal of a trustee or examiner;
(4) All pleadings in Chapter 11 cases except pleadings in adversary proceedings;
(5) All pleadings in Chapter 12 cases; and
(6) Any attorney's motion to withdraw.
BLR 5005-3. Incorporation of Pleadings.
In those instances where reproduction of an entire pleading or other paper as amended would be unduly burdensome, a party filing or moving to file an amendment to a pleading or other paper shall be permitted to incorporate relevant provisions of prior pleadings or papers by reference.
BLR 5005-4. Signature; Nonconforming Pleadings.
All petitions, pleadings, and other papers presented to the Bankruptcy Clerk for filing must be signed by the party or parties presenting the petition, pleading, or other paper or, if represented by an attorney, by at least one attorney of record, and must include the complete address (including post office box or drawer number and street address), and telephone number of the person(s) signing it. If signed by an attorney, it shall include the information required by BLR 5005-1(e).
BLR 5005-5. Electronic Filing.
(a) Authorization of Electronic Filing. The Bankruptcy Clerk shall accept documents for filing by electronic means in accordance with these Rules and with the Electronic Case Filing Procedures established pursuant to BLR 5005-5(b).
(b) Electronic Case Filing Procedures. The Bankruptcy Court shall from time to time establish “Electronic Case Filing Procedures,” which shall be administrative procedures, consistent with technical standards, if any, that the Judicial Conference of the United States establishes, for the electronic case filing and docketing system used by the Bankruptcy Court. The administrative procedures shall include procedures, rules, and regulations concerning, among other things: (1) the registration of attorneys, trustees, examiners, the United States Trustee, and other persons as permitted by the Bankruptcy Court, to permit such registered persons to file documents electronically, to pay required filing fees in connection therewith, and to have electronic access to the electronic docket and to electronically filed documents and to pay fees in connection therewith; (2) safeguarding the integrity of the Bankruptcy Court’s docket and filed documents; (3) creation and maintenance of a secure mechanism for the creation and distribution of passwords to registered users so as to permit identification of persons filing documents electronically; and (4) establishment of procedures to provide for the functional equivalent of signatures of attorneys and other persons on electronically filed documents. Any fees collected pursuant to the Electronic Case Filing Procedures shall be consistent with the fee structure adopted by the Judicial Conference of the United States pursuant to 28 U.S.C. §§ 1913, 1914, 1926 and 1930, and any other applicable law. The Electronic Case Filing Procedures shall be available from the Bankruptcy Clerk and on the Bankruptcy Court’s website.
(c) Use of Passwords. With regard to passwords issued pursuant to the Electronic Case Filing Procedures:
(1) No person shall knowingly utilize, or cause or permit another person to utilize, a password without authorization from the person to whom it is issued.
(2) No attorney shall knowingly permit or cause to permit a password assigned to that attorney to be utilized by any person other than an authorized employee of his or her law firm.
(3) A person whose password is used to electronically file a document thereby certifies that such person has authorized the filing. An attorney whose password is used to electronically file a document thereby certifies that such attorney and the attorney’s law firm have authorized the filing.
(d) Consequences of Electronic Filing. Electronic filing of a document constitutes filing of the document for all purposes of the Bankruptcy Rules and these Rules and constitutes entry of the document on the docket kept by the Bankruptcy Clerk under Bankruptcy Rule 5003. When a document has been filed electronically, the official record is the electronic recording of the document as stored in accordance with the Electronic Case Filing Procedures, and the filing party is bound by the document as filed. A document filed electronically is deemed filed at the date and time stated on the notice of electronic filing sent pursuant to the Electronic Case Filing Procedures.
BLR 5005-6. Attorneys, Trustees, and Examiners Required to File Documents Electronically; Exceptions; Emergencies.
(a) Electronic Filing by Attorneys, Trustees, and Examiners. Any document filed by any attorney, any trustee or examiner serving in any case pending in the Bankruptcy Court, or the United States Trustee, shall be filed electronically, unless otherwise permitted by these Rules.
(b) Exceptions to Electronic Filing.
(1) Miscellaneous Documents Filed by Attorney Who Is Not A Registered User. An attorney who is not a Registered User shall not be required to file any of the following documents electronically: (A) a proof of claim or amendments thereto; (B) a notice of appearance in a bankruptcy case for the purpose of receiving notices; (C) a ballot on a Chapter 11 plan. The exceptions for the filing of these documents do not excuse the attorney from the requirements of BLR 5005-6(a) with regard to the filing of any other documents in the case or in any adversary proceeding relating thereto.
(2) Discretionary Exceptions. A Bankruptcy Judge may in his or her discretion authorize other exceptions to the electronic filing of documents and may order that certain documents not be filed electronically.
(3) Emergencies. In the event that an emergency situation prevents a Registered User from timely filing a document electronically through the Electronic Case Filing Program, such person shall be permitted to file the document either conventionally or through alternative means set forth in the Electronic Case Filing Procedures.
(4) Inability to File Electronically. An attorney required to file electronically may submit to the Chief Bankruptcy Judge, or his or her designate, an “Affidavit of Inability to File Electronically” certifying that he or she is unable to comply with the electronic filing requirements. The Affidavit shall state the circumstances which justify an exception from electronic filing. Upon the first submission of such an affidavit, the attorney shall have an automatic grace period of 90 days during which he or she shall not be required to electronically file documents. Should the attorney require additional time beyond the grace period, he or she may petition the Chief Bankruptcy Judge, or his or her designate, for such additional time as may be necessary and said request shall be considered on a case by case basis.
(5) Documents under seal. A document that a person desires to file under seal may be prepared in paper form and submitted to the Clerk's Office. The motion to file such document under seal shall be filed electronically, if the filing party is required to file electronically.
BLR 5005-7. Procedures for Filing Documents Electronically.
As used in this Rule, the word “attorney” means an attorney admitted to practice in the Bankruptcy Court.
(a) Format Requirements. An electronically filed document shall be prepared in accordance with the format requirements of BLR 5005-1 and 5005-3, except as otherwise provided by this Rule and the Electronic Case Filing Procedures.
(b) Signatures.
(1) Signature of attorneys on document electronically filed by attorney. A document electronically filed by an attorney that an attorney signs or is required to sign under the Bankruptcy Rules or other applicable law shall identify each attorney signing such document in accordance with BLR 5005-1(e). If the document is filed electronically in a text format, the signature of each attorney signing the document shall be indicated above the signature line with the notation “/s/” above the name of the person signing the document or by some other notation that clearly indicates that the document has been signed and by whom. If the document is filed electronically in an image format, the signature of each attorney signing the document shall be affixed to the original before the document is created in image format. Upon the electronic filing of the document, the signature of each such attorney as thus evidenced shall constitute a signature of each such attorney under Bankruptcy Rule 9011. The electronic filing of the document constitutes a representation and certification by the attorney filing the document that each attorney whose signature is thus evidenced (A) has signed or authorized such attorney’s signature and (B) has authorized the filing of the document as thus signed.
(2) Signature on document electronically filed by non-attorney. A document that is electronically filed by a person who is not an attorney and that the filing person signs or is required to sign shall state the name of each person signing the document. If the document is filed electronically in a text format, the signature of the person signing the document shall be indicated above the signature line with the notation “/s/” above the name or by some other notation that clearly indicates that the document has been signed and by whom. If the document is filed electronically in an image format, the signature of the person signing the document shall be affixed to the original before the document is created in image format. Upon the electronic filing of the document, the signature of such person as thus evidenced shall constitute a signature of such person under Bankruptcy Rule 9011. The electronic filing of the document constitutes a representation and certification by the person filing the document that the person whose signature is thus evidenced (A) has signed or authorized such signature and (B) has authorized the filing of the document as thus signed.
(3) Signatures on document of persons other than person filing electronically. An electronically filed document (other than a proof or transfer of a proof of claim filed in accordance with BLR 5005-9) that is signed by a person other than, or in addition to, the person electronically filing the document, shall state the name and state bar registration or identification number of each attorney (if any) and the name of any other person signing such document. If the document is filed electronically in a text format, the signature of each person signing the document shall be indicated above the signature line with the notation “/s/” above the name of each person signing the document or by some other notation that clearly indicates that the document has been signed and by whom. If the document is filed electronically in an image format, the signature of each person signing the document shall be affixed to the original before the document is created in image format. Upon the electronic filing of the document, the signature of each such person as thus evidenced shall constitute a signature of each such person under Bankruptcy Rule 9011. The electronic filing of the document constitutes a representation and certification by the person filing the document (A) that each person whose signature is thus indicated on the document has signed it and (B) that, at the time of filing, the person filing the document electronically is in possession at the time of filing of an original document signed as indicated on the electronically filed document. The requirements of (b)(1) or (b)(2), as applicable, apply with regard to the signature, if any, of the filing person.
(c) Verified Papers.
(1) A person electronically filing a Verified Paper thereby certifies and represents that such filer has in such filer’s possession at the time of filing the fully executed original Verified Paper, with an original signature affixed thereto signed by each person whose signature is indicated thereon.
(2) A person electronically filing a Verified Paper in image format thereby certifies that the image is an exact copy of the original. A person electronically filing a Verified Paper in text format thereby certifies that its text is identical to the original.
(3) The following Rules apply with regard to a Verified Paper filed in text format:
(A) A person electronically filing a Verified Paper in text format shall conform the copy filed electronically to the original Verified Paper. Each signature shall be indicated above the signature line with the notation “/s/” above the name of the person signing or by some other notation that clearly indicates that the document has been signed and by whom. Hand-written or stamped text or notations, including without limitation dates and stamps concerning the commissions of notaries public, shall be typed on the filed copy. Seals shall be noted by such expressions as “Legal Seal,” “L.S.,” “Notary Seal,” etc., as appropriate.
(B) The person filing the Verified Paper: (i) shall maintain in such person's files the original Verified Paper in its entirety for a period ending one year after the case or proceeding in which the Verified Paper is filed is closed; (ii) shall produce the original for inspection and copying upon request of the Bankruptcy Court or any party in interest; and (iii) if ordered by the Bankruptcy Court, shall transmit the original to the Bankruptcy Clerk.
(C) If the Verified Paper is a paper that must be verified or contain an unsworn declaration as provided in 28 U.S.C. § 1746 as required by Bankruptcy Rule 1008 (including any petition; list of creditors; schedule of assets and liabilities, current income and expenditures, or executory contracts and unexpired leases; statement of financial affairs; statement of intention; and any amendment to any of the foregoing, as set forth in Bankruptcy Rules 1002, 1003, 1004.1, 1007, and 1009) (a “Rule 1008 Paper”), then each debtor and the person filing such Rule 1008 Paper shall sign, and the attorney for the debtor shall file in image format, a declaration under penalty of perjury substantially conforming to Local Form 5005-7(c)(3)(B), simultaneously with the Rule 1008 Paper.
(d) Motions Under Seal. BLR 5005-6(b)(5) governs motions with regard to the filing of documents under seal.
(e) A trustee may file a report of no distribution by making a docket entry with appropriate text in such form as is approved by the United States Trustee without filing a pleading containing the report and said trustee shall not be required to maintain any original or scanned copy of said report or otherwise comply with the requirements of paragraph (c) of this Rule with regard to said report.
(f) The Electronic Case Filing Procedures may authorize the filing of routine pleadings and papers by the making of a docket entry with appropriate text as is approved by the Bankruptcy Court.
BLR 5005-8. Service of Electronically Filed Documents.
(a) An electronically filed document must be served in accordance with the requirements of the Bankruptcy Code, the Bankruptcy Rules, and these Rules. A Certificate of Service may be filed electronically and may be appended to the document to which it refers.
(b) Except as set forth in paragraph (c) below, service upon a Registered User may be effected by service of a notice of electronic filing in accordance with the Electronic Case Filing Procedures and in the form set forth therein. The electronic service of such notice of electronic filing of a document shall constitute service of such document to such Registered User so that the filing party shall not be required to serve by mail or hand delivery the filed document to which the notice of electronic filing refers. By becoming a Registered User and accepting a password for participation in the Electronic Case Filing system, a Registered User waives the right to receive notice and service by mail or hand delivery, including notices described in Bankruptcy Rules 2002(a)(2)(3) and (6).
(c) Notices mandated by Rules 2002(a)(1), (4), (5), (7), (8) and (b)(1) and (2) shall be served by paper copies in accordance with those Rules, unless a party in interest requests pursuant to Bankruptcy Rule 9036 that such notices be given electronically.
BLR 5005-9. Electronic Filing of Proof of Claim or Transfer of Claim.
(a) A Registered User may file a proof of claim or a transfer of claim electronically in accordance with these Rules and the Electronic Case Filing Procedures. BLR 3002-1 applies to an electronically filed proof of claim or transfer of a claim, except as otherwise provided by these Rules or the Electronic Case Procedures.
(b) An electronically filed proof of claim or transfer of claim shall be signed in accordance with BLR 5005-7(b). No person or entity shall cause or permit a proof of claim or transfer of claim to be filed electronically without the express authorization of the individual whose signature appears on the electronically filed document and the person or entity on whose behalf the document is being filed. When an individual creditor or employee or agent of any creditor who is a Registered User electronically files a proof of claim or a transfer of claim, that individual creditor, employee, or agent certifies (1) that he or she is authorized to file the proof of claim or transfer of claim by the entity on whose behalf the document is being filed; (2) the creditor is the same entity who is a Registered User; and (3) the individual whose signature is shown on the proof of claim or transfer of claim has authorized such signature and the filing of that document. Upon the electronic filing of a proof of claim or a transfer of claim, the signature in accordance with BLR 5005-7(b) shall constitute a signature for purposes of Bankruptcy Rule 9011, of 18 U.S.C. §§152 and 3571, and of other applicable law.
BLR 5011-1. Withdrawal of the Reference: Form of Request; Place for Filing.
(a) By Party. A request for withdrawal of the reference of a case or a proceeding referred to the Bankruptcy Court shall be made by motion filed with the Bankruptcy Clerk. All such motions shall conform to BLR 7007-1. In addition, all such motions shall clearly and conspicuously state, "RELIEF IS SOUGHT FROM A UNITED STATES DISTRICT JUDGE," and should refer to and comply with 28 U.S.C. § 157(d) and Bankruptcy Rule 5011(a).
(b) By Bankruptcy Judge. A request for withdrawal of the reference of a case or a proceeding referred to the Bankruptcy Court may be made sua sponte by a Bankruptcy Judge at any time.
BLR 5011-2. Withdrawal of the Reference: Time for Filing of Motion.
(a) Bankruptcy Cases. A motion to withdraw the reference of all or any part of a bankruptcy case shall be served and filed on or before 30 days after the date first scheduled for the meeting of
creditors held pursuant to 11 U.S.C. § 341(a).
(b) Adversary Proceedings. A motion to withdraw the reference of all or any part of an adversary proceeding shall be served and filed not later than 11 days after service of any timely filed pleading or paper in which the ground for the motion to withdraw the reference first arises.
(c) Contested Matters. A motion to withdraw the reference of a contested matter within a case shall be served and filed no later than 11 days after service of the motion, application or objection which initiates the contested matter.
BLR 5011-3. Withdrawal of the Reference: Copies and Required Exhibits.
A party moving to withdraw the reference shall attach, as exhibits to the motion, copies of all pertinent portions of any record in the Bankruptcy Court that the party believes will be necessary for consideration of the motion. The responding party shall similarly attach, as exhibits to the response, copies of all additional pertinent portions of the record in the Bankruptcy Court that the party believes will be necessary for consideration of the motion or response. When ruling on the motion, the District Court may consider only those portions of the record that are attached as exhibits.
BLR 5011-4. Withdrawal of the Reference: Responses to Motions to Withdraw the Reference; Reply.
Opposing parties shall file with the Bankruptcy Clerk and serve on all parties to the matter as to which the withdrawal of the reference has been requested, their written responses to the motion to withdraw the reference within 11 days after being served with a copy of the motion. The moving party may serve and file a reply within 11 days after service of a response.
BLR 5011-5. Withdrawal of the Reference: Transmittal to and Proceedings in the District Court.
When the record is complete for purposes of transmittal, but without awaiting the filing of any transcripts, the Bankruptcy Clerk shall promptly transmit to the District Clerk the motion papers and attached exhibits. After the District Court has assigned a number to the case or matter, all documents pertaining to the matter under review by the District Court shall be filed with the District Clerk. The parties shall continue to file all documents relating to all other matters in the bankruptcy case or adversary proceeding with the Bankruptcy Clerk.
BLR 5071-1. Continuances Generally.
A continuance of any trial, pretrial conference, or other hearing will be granted only on the basis of exceptional circumstances. No such continuance will be granted on stipulation of counsel alone, but shall be granted only by the Bankruptcy Judge.
BLR 5071-2. Continuances: Absence of Witnesses.
Motions for continuance on account of the absence of any witness must show the steps which have been taken to secure the attendance of the witness and must reveal the nature of the witness's testimony. The motion must also state the time at which the witness will be available and, unless waived, must include a certificate of a doctor when illness of the witness is alleged. The stipulation of the adversary as to the witness's testimony shall be sufficient reason for denial of the motion for continuance.
BLR 5071-3. Attorney Conflicts: Section 341 Meeting of Creditors.
When an attorney has a hearing or other matter before the Bankruptcy Court in which the attorney is lead counsel scheduled for the same time as a § 341 meeting of creditors, the attorney shall give prompt written notice of the conflict and a proposed resolution thereof to the case trustee, Chapter 13 Trustee, or United States Trustee as appropriate.
BLR 5071-4. Attorney Conflicts: Appearances Before the Bankruptcy Court.
(a) When an attorney is scheduled for a day certain to appear in two or more courts, and the matter cannot be informally resolved with counsel for the other side or with the courtroom deputy, the attorney shall give prompt written notice as specified below. In the absence of objection from
opposing counsel or the courts affected, the proposed order of conflict resolution shall stand.
(b) The attorney shall submit prompt notice of the conflict not less than seven days prior to the date of conflict to each courtroom deputy clerk for the Bankruptcy Judge, and other judge(s), together with a proposed resolution of the conflict setting forth the proposed order of matters to be tried with a listing of the time and date of each hearing or trial and the date each matter was set for hearing or trial.
(c) An attorney shall be deemed to have a conflict if the attorney certifies:
(1) the attorney is lead counsel in two or more of the actions affected; and
(2) the matters cannot be adequately handled, and the client's interest adequately protected, by other counsel for the party in the action or by other attorneys in lead counsel's firm; and
(3) after communication with counsel for the other party or parties and communication with the appropriate courtroom deputy or deputies, the conflict cannot be resolved.
BLR 5072-1. Weapons Not Allowed in Courthouse.
LR 83.5 is applicable to and governs all actions and proceedings in the Bankruptcy Court.
BLR 5073-1. Television and Radio Broadcasting, Tape Recording, or Photographing Judicial Proceedings.
The taking of photographs and operation of tape recorders in the courthouse and radio or television broadcasting from the courthouse during the progress of or in connection with judicial proceedings, including proceedings before a Bankruptcy Judge whether or not Bankruptcy Court is actually in session, is prohibited. A judicial officer may, however, permit: (1) the use of electronic or photographic means for the presentation of evidence or the perpetuation of a record, and (2) the broadcasting, televising, recording, or photographing of investiture, ceremonial, or naturalization proceedings.
Cameras and/or any electronic devices equipped with cameras, including cellular telephones, personal digital assistants and laptop computers, will not be allowed into the courthouses of this district except by court order or by direct escort and supervision of an employee of a federal agency whose offices are located therein.
To facilitate the enforcement of this Rule, no photographic, broadcasting, sound or recording equipment other than the recording equipment of the official court reporters, will be permitted to be operated on the floors of the courthouse occupied by the Bankruptcy Court, except as otherwise permitted by order of the judicial officer before whom the particular case or proceeding is pending.
Portable computers, cellular telephones, pagers and personal communication devices may be transported onto floors occupied by the Bankruptcy Court; however, these devices shall not be operated in any courtroom, nor shall they be operated in any public area, where their operation is disruptive of any court proceeding unless otherwise permitted by order of the Bankruptcy Court.
All electronic photographic, broadcasting, sound or recording equipment brought into the courthouses shall be subject to inspection by the United States Marshals’ Service.
BLR 5073-2. Provisions for Special Orders in Widely Publicized or Sensational Civil Cases.
In a widely publicized or sensational case, the Bankruptcy Court, on motion of any party or on its own motion, may issue a special order governing such matters as extrajudicial statements by parties and witnesses likely to interfere with the rights of the parties to a fair trial by an impartial jury; the seating and conduct in the courtroom of spectators and news media representatives; the management and sequestration of jurors and witnesses; and any other matters which the Bankruptcy Court may deem appropriate for inclusion in such an order.
(a) By Consent. In accordance with Bankruptcy Rule 6007, upon motion and order consented to in writing by the debtor, the trustee and any entity claiming an interest in the property of the estate, where the equity in the property is shown on the face of the order to be $1,000.00 or less, the Bankruptcy Court may authorize a trustee in an individual's Chapter 7 case to abandon property of the estate, without further notice or service.
(b) By Trustee. In accordance with Bankruptcy Rule 6007, if the § 341 Meeting of Creditors Notice provides therefor, a trustee in the Chapter 7 case of an individual may give oral notice of a proposed abandonment at a Meeting of Creditors held pursuant to 11 U.S.C. § 341(a) and no further notice or service shall be required; provided, however, that said oral notice shall be reduced to a writing, stating the grounds therefor, and filed with the Bankruptcy Clerk within 15 days after the Meeting of Creditors. If no objection to the proposed abandonment is filed within 15 days following the filing of the trustee's notice, the property shall be deemed abandoned.
(c) By a Party in Interest. A party in interest filing a motion to abandon property in accordance with Bankruptcy Rule 6007(b) shall perfect service thereof as provided by Bankruptcy Rule 6007(a) and shall also serve the trustee, debtor, and debtor's counsel. Any objection to a proposed abandonment shall state the grounds therefor, shall be filed with the Bankruptcy Clerk and shall be served on the trustee, the debtor in possession and the party serving notice of the proposed abandonment within 15 days from the date of service of the notice.
BLR 6008-1. Redemption and Avoidance of Liens: Filing and Service of Motion.
A debtor filing a motion to redeem property pursuant to 11 U.S.C. § 722 and Bankruptcy Rule 6008 or to avoid a lien on exempt property pursuant to 11 U.S.C. § 522 and Bankruptcy Rule 4003(d) shall attach thereto:
(a) a notice substantially complying with the forms attached at the conclusion of these Rules as Forms 6008-1(A) or 6008-1(B), as appropriate; and
(b) a Certificate of Service signed by the party or the party's attorney that the respondent has been served with copies of the motion and of the aforesaid notice in the manner provided by Bankruptcy Rule 9014. The Certificate of Service shall include the name and address of all persons who have been served.
BLR 6008-2. Redemption and Avoidance of Liens: Filing of Response Required.
The respondent shall file a response to a motion under BLR 6008-1 within 20 days of the date of service and serve a copy of same on movant. If no response is timely filed and served, the motion will be deemed unopposed and the Bankruptcy Court may enter an order granting the relief sought. If the motion is timely controverted, the Bankruptcy Court may schedule a hearing on notice to the movant and respondent or order such other proceedings as may be appropriate.
BLR 7004-1. Dismissal Without Prejudice.
(a) Omission of Response Date on Summons. Failure of a party or attorney for a party to state the correct response time on a summons or notice of lawsuit and request for waiver of service of summons attached to a complaint, third-party complaint, or any other pleading that requires a summons shall constitute grounds for dismissal of the action without prejudice.
(b) Failure to Effectuate Service of Process. In accordance with Rule 4 of the Federal Rules of Civil Procedure, the Bankruptcy Court may, with notice to the party on whose behalf service was required, dismiss the action without prejudice as to any defendant not served within 120 days after the filing of the complaint.
(c) Failure to Update Office Address and Number. The failure of counsel for a party or of a party appearing pro se to keep the Bankruptcy Clerk's office informed of any change in address or telephone number which causes a delay or otherwise adversely affects the management of the case shall constitute grounds either for dismissal of the action without prejudice or for entry of a default judgment.
The person serving process in an adversary proceeding or serving a motion initiating a contested matter with regard to which service on an opposing party is required shall make proof of service thereof promptly to the Bankruptcy Court in accordance with the Bankruptcy Rules. The Certificate of Service must include the name and address of all persons and parties served.
BLR 7007-1. Filing of Motions and Responses in Adversary Proceedings; Hearings.
This Rule applies only in adversary proceedings and whenever the Bankruptcy Court makes Part VII of the Bankruptcy Rules applicable in a contested matter.
(a) Briefs; Affidavits. Every motion presented to the Bankruptcy Clerk for filing shall be accompanied by a memorandum of law that cites supporting authority. If allegations of fact not otherwise in the record are relied upon, supporting affidavits must be attached to the memorandum of law.
(b) Motions Pending on Removal. See BLR 9027-1.
(c) Response to Motion. Any party opposing a motion shall file and serve the party's response, responsive memorandum, affidavits, and any other responsive material not later than ten days after service of the motion, except that the time to respond to a motion for summary judgment shall be 20 days. Failure to file a response shall indicate no opposition to the motion.
(d) Reply. A reply by the movant shall be permitted, but it is not necessary for the movant to file a reply as a routine practice. When the movant deems it necessary to file a reply, the reply must be filed and served not later than ten days after service of the responsive pleading.
(e) Page and Type Limitations. Absent prior permission of the Bankruptcy Court, briefs filed in support of a motion or in response to a motion are limited in length to 25 pages. If the movant files a reply, the reply brief may not exceed 15 pages.
(f) Hearings. Motions will be decided by the Bankruptcy Court without a hearing, unless a hearing is ordered by the Bankruptcy Court.
(g) Expedited Hearings on Motions. Upon written motion and for good cause shown, the Bankruptcy Court may shorten the time requirements of this Rule or grant an immediate hearing on any matter requiring such expedited procedure. The motion shall set forth in detail the necessity for such expedited procedure.
(h) Effect of Noncompliance. The Bankruptcy Court, in its discretion, may decline to consider any motion or brief that fails to conform to the requirements of these Rules.
BLR 7016-1 Rule 26(f) Conference and Rule 16(b) Scheduling Order.
This Rule applies (i) in adversary proceedings, unless otherwise ordered by the Bankruptcy Court, and (ii) whenever the Bankruptcy Court makes Part VII of the Bankruptcy Rules applicable in a contested matter, except in categories of proceedings exempt from initial disclosure under Rule 26(a)(1)(E) of the Federal Rules of Civil Procedure.
(a) Rule 26(f) Conference and Report.
(1) Within 20 days after the later of the appearance of the first defendant by answer or motion or the removal of a proceeding to the Bankruptcy Court, all unrepresented parties and counsel for all represented parties shall confer as required by, and for the purposes of, Rule 26(f) of the Federal Rules of Civil Procedure and to discuss scheduling matters as set forth in Rule 16(b) of the Federal Rules of Civil Procedure.
(2) All unrepresented parties and counsel for all represented parties are jointly responsible for submitting, within 14 days after the Rule 26(f) conference, a written report outlining the discovery plan, addressing any scheduling matters of concern to the parties as set forth in Rule 16(b), and proposing a scheduling order in accordance with Rule 16(b) for consideration by the Bankruptcy Court. Form 7016 may be used for the proposed scheduling order.
(3) If one or more parties or their counsel fails or refuses to cooperate in the scheduling of the Rule 26(f) conference and in the preparation and filing of the report as set forth above, the other parties shall file appropriate joint or separate reports.
(4) In lieu of submitting the Rule 26(f) report and proposed scheduling order, the parties may submit a written stipulation stating that the parties have agreed to waive initial disclosures otherwise required by Rule 26(a)(1), that no departures from the standard discovery provisions of the Federal Rules of Civil Procedure and these Rules are required in the proceeding, that discovery shall begin on the day after the last day for the Rule 26(f) conference specified above, and that the parties agree to a scheduling order in accordance with paragraph (b) of this Rule. The failure of the parties to timely comply with the provisions of this Rule shall be deemed to be such a stipulation, unless the Bankruptcy Court orders otherwise for cause shown.
(b) Scheduling Order.
(1) Following receipt of the report required by paragraph (a), the Bankruptcy Court will enter an appropriate scheduling order. A conference will be held only if directed by the Bankruptcy Court.
(2) If the parties submit a written stipulation as set forth in paragraph (a)(4) of this Rule or fail to timely comply with the provisions of paragraph (a)(4), then, unless the Bankruptcy Court orders otherwise, no separate scheduling order shall be entered and:
(A) Discovery shall commence on the 21st day after the later of the appearance of the first defendant by answer or motion or the removal of a proceeding to the Bankruptcy Court ;
(B) Motions to join other parties or to amend the pleadings must be filed within 30 days of the beginning of discovery;
(C) Discovery must be completed within 90 days after the later of the appearance of the first defendant by answer or motion or the removal of a proceeding to the Bankruptcy Court, unless the Bankruptcy Court orders otherwise in accordance with BLR 7026-2; and
(D) BLR 7026-2(c) applies with regard to expert witnesses.
This schedule shall not be modified except upon a showing of good cause and by leave of the Bankruptcy Court.
BLR 7016-2. Form and Content of Consolidated Pretrial Order (Non-Jury).
In all adversary proceedings other than those covered in BLR 7016-2 and whenever the Bankruptcy Court makes Part VII of the Bankruptcy Rules applicable in contested matters, the parties shall file a proposed pretrial order in accordance with this Rule, unless the Bankruptcy Judge to whom the proceeding is assigned directs that a proposed pre-trial order not be filed or directs that it be prepared in a different manner.
(a) Procedure. The parties shall prepare and sign a proposed consolidated pretrial order to be filed with the Bankruptcy Clerk no later than 30 days after the close of discovery. It shall be the responsibility of plaintiff's counsel to contact defense counsel to arrange a date for the conference necessary to prepare the pretrial order. If issues arise on which counsel for the parties cannot agree, the areas of disagreement must be set forth in the proposed pretrial order. In those cases in which a pending motion for summary judgment exists, the time for filing the pretrial order shall automatically be suspended until 30 days after the Bankruptcy Court has ruled on the motion for summary judgment, unless otherwise ordered by the Bankruptcy Court. If counsel desire a pretrial conference, a request must be indicated on the proposed pretrial order immediately below the adversary proceeding number. Counsel will be notified if the Bankruptcy Judge determines that a pretrial conference is necessary. A case shall be presumed ready for trial after the pretrial order is entered unless another time is specifically set by the Bankruptcy Court.
(b) Content. Each proposed consolidated pretrial order shall contain the information outlined below. No modifications or deletions shall be made without the prior permission of the Bankruptcy Judge. The proposed order shall contain:
(1) A statement of any pending motions or other matters.
(2) A statement that, unless otherwise noted, discovery has been completed. Counsel will not be permitted to file any further motions to compel discovery. The parties shall, however, be permitted to take the depositions of any persons for the preservation of evidence and for use at trial if doing so will not delay the trial.
(3) A statement as to the correctness of the names of the parties and their capacity and as to any issue of misjoinder or non-joinder of parties.
(4) A statement as to any question of the Bankruptcy Court's jurisdiction and the statutory basis of jurisdiction.
(5) The individual names, addresses, and telephone numbers of lead counsel for each party.
(6) A brief description, including style and case number of any pending related litigation, including any related pending adversary proceedings.
(7) An outline of plaintiff's case, which shall include:
