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.
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BLR 1001-1 Title
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.
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.
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.
(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.
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.
(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.
(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.
See BLR 9001-1.
(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 14 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.
See BLR 9010-1.