You are here

Local Rules

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.

BLR 3001-1 Filing Proof or Transfer of Claim or Interest.

(a) Instructions for completion and filing of proof or transfer of claim or interest. The Bankruptcy Court may enter general orders and publish guidelines for the completion and filing of a proof or transfer of claim or interest. These general orders and guidelines are available from the Bankruptcy Clerk and on the Bankruptcy Court’s website. A proof or transfer of claim or interest must 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 must 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 must contain: (1) the name of the person who signs it typed or legibly printed beneath the signature, and (2) the name, company, address, phone number, and e-mail address 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, must be the mailing address to which notices concerning the proof or transfer of claim or interest may be sent, including objections to the claim or interest and notices of hearings concerning the claim or interest.

(c) Electronic filing of proof or transfer of claim or interest. Registered Users may electronically file a proof or transfer of claim or interest in accordance with the provisions of BLR 5005-9.

BLR 3007-1 Objection to Allowance of Claim; Service.

(a) Except as to objections filed pursuant to Bankruptcy Rule 3007(d), an objection to allowance of a claim for which a proof of claim has been filed must 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 related notices, must be served on a creditor as its name appears on the proof of claim or transfer of claim addressing it to the person signing the proof of claim at the address shown thereon. If an attorney for the creditor has appeared in the case, the objection and notice must also be served on the attorney. An objection to a claim of a governmental entity must also be served in accordance with Bankruptcy Rule 7004. A party objecting to a proof of claim must promptly file a Certificate of Service showing proper service in accordance with the Bankruptcy Rules of (1) the objection, (2) notice of the hearing scheduled on the objection, and, (3) if applicable, the notice given pursuant to BLR 9014-2.

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 disclosure statement for a plan of reorganization in a chapter 11 case must state that original completed ballots accepting or rejecting the plan must 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 must count and tally all ballots filed with and maintained by the Bankruptcy Clerk or other authorized person and must prepare a Report of Balloting, which must include:

(1) a description of each class designated in the plan and whether it is impaired as defined in the Bankruptcy Code, for example, "Class I, unsecured claim holders, impaired";

(2) for each impaired and voting class, (i) the total number of ballots filed; (ii) the number of ballots voting to accept, their aggregate dollar amount, and the percentage such dollar amount represents of the aggregate dollar amount of votes received for such class; and (iii) the number of ballots voting to reject and (A) their aggregate dollar amount and the percentage such dollar amount represents of the aggregate dollar amount of votes received for such class and (B) the percentage they represent of the total number of votes received for such class. If a class contains insider votes, the Report must also provide the foregoing data based on the exclusion of such insider votes;

(3) a statement of whether the plan has received the requisite acceptances to be confirmed under the Bankruptcy Code;

(4) regarding ballots that are not counted, a statement explaining why such ballots were not counted with copies of all such ballots appended thereto; and

(5) a certificate signed by counsel for the plan proponent that all ballots filed and maintained by the Bankruptcy Clerk or other authorized person were counted and tallied, 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 must file the Report of Balloting with the Bankruptcy Clerk and must serve a copy of the Report of Balloting on the United States Trustee, counsel for all official committees, and all parties who have filed objections to confirmation. Proof of service thereof shall be filed with the Bankruptcy Court prior to the hearing on confirmation.

BLR 4001-1. Motion for Ex Parte Relief from Stay Based on Lack of Insurance Coverage.

(a) If collateral securing a claim or property that is the subject of a lease is an over-the-road vehicle (such as an automobile, motorcycle, or trailer), a boat, or an airplane (such collateral or property, a “Vehicle”), and if the Vehicle is not insured with collision and comprehensive insurance as required by the related security instrument, loan documents or lease (“Insurance”), then the holder of such secured claim or lessor (as the case may be) may file 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 Vehicle.

(b) A motion for ex parte relief from the stay under this rule must be a Verified Paper and must:

(1) Include:

(A) a description of the Vehicle;

(B) a statement of (i) the amount of the claim and the basis on which the claim is secured (if a secured claim) or (ii) the amount past due on the lease;

(C) a statement of the basis on which the movant believes that Insurance on the Vehicle does not exist; and

(D) a statement that the movant or its attorney has given or attempted to give notice by telephone or electronic mail to the debtor's attorney (or to the debtor, if the debtor is not represented by counsel), that the motion will be filed due to the lack of Insurance;

(2) Be accompanied by a proposed order that must provide:

(A) The debtor or trustee, whoever is in actual physical possession of the Vehicle, is prohibited from using the Vehicle unless and until adequate evidence of Insurance is presented to the movant;

(B) The debtor or trustee, whoever is in actual physical possession of the Vehicle, must notify the movant of the location of the Vehicle;

(C) The debtor or trustee, whoever is in actual physical possession of the Vehicle, must surrender it to the movant within seventy-two hours of the entry of the order, unless within that time either: (i) the movant is provided with adequate evidence of Insurance; or (ii) the debtor or trustee requests a hearing concerning same;

(D) If the debtor or trustee, whoever is in actual physical possession of the collateral or leased property, fails to surrender the Vehicle, provide adequate evidence of Insurance, or request a hearing, within seventy-two hours of the entry of the order, the movant is authorized to take physical possession of the Vehicle to the extent it is permitted by its agreements with the debtor and applicable nonbankruptcy law, and to hold same, provided that (i) the movant may not dispose of the Vehicle 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 Insurance prior to the expiration or termination of the automatic stay, then the movant must return the Vehicle to the debtor or trustee; and

(E) Upon entry of the order, the movant or its attorney must serve copies of the motion and order promptly on the debtor, the debtor's attorney, and the trustee, and must provide notice by telephone or electronic mail of entry of the order to the debtor's attorney (or to the debtor if the debtor is not represented by counsel), and the trustee, if the trustee is in actual physical possession of the property.

(F) If the debtor has given a party other than the trustee actual, physical possession of the Vehicle, the Vehicle will be treated as being in the actual, physical possession of the debtor for the purposes of the order.

(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 Requiring Bankruptcy Court Approval.

A creditor who has entered into a reaffirmation agreement with a debtor acting pro se or with a represented debtor whose counsel has not also executed the agreement indicating the agreement is in the debtor’s best interest and not an undue hardship should promptly file a complete copy of the fully executed reaffirmation agreement with the Bankruptcy Court unless the debtor has already filed it.

BLR 5005-1. Format Requirements.

The following provisions govern pleadings and other papers, including motions, notices, and attachments thereto, filed in the Bankruptcy Court:

(a) Paper. All pleadings and other papers presented for filing in paper form must be on white opaque paper of good quality, 8½ inches wide by 11 inches long in size. Text and other material must be on one side of the paper only. All pleadings and other papers filed electronically must be prepared so that they may be printed on paper that is 8½ inches wide by 11 inches long in size, with margins as required below.

(b) Typing. All pleadings and other papers must be typed, printed, or legibly hand printed and should not be materially defaced by erasures and interlineation. Pleadings and other papers filed in adversary proceedings and in contested matters must have at least one and one-half spaces between lines.

(c) Margins. The first page of all pleadings and other papers filed in paper must leave a space two inches by two inches in the upper right corner of the first page for the filing stamp. Consecutive pages must be prepared with a top margin of not less than one and one-half inches. All pleadings and other papers must have a left margin of not less than one inch.

(d) Numbering. All pages must be numbered consecutively at the bottom center of the page. Attachments must be numbered consecutively within the attachment.

(e) Attorney Identification. The following must appear on every pleading and other paper that an attorney files: the attorney’s name, complete address (including post office box or drawer number and street address), telephone number, e-mail address, and either the attorney’s Georgia Bar number or, if the attorney is not a member of the Georgia Bar, the state and bar number of the bar in which the attorney is a member and regularly practices.

(f) Style. The caption of all pleadings and other papers must contain the chapter number (7, 11, 12, 13, or 15) under which the case is pending, the debtor’s name, the case number, and the initials of the Bankruptcy Judge to whom the case is assigned.

(g) Adversary Proceeding Cover Sheets. Whenever a complaint initiating an adversary proceeding is not filed electronically, the plaintiff or the plaintiff’s attorney must prepare and submit to the Bankruptcy Clerk a fully completed Adversary Proceeding Cover Sheet (available from the Bankruptcy Clerk).

(h) Flat Filing; No Staples. All pleadings and other papers presented to the Bankruptcy Clerk for filing in paper must be flat and unfolded, must not be stapled, and must be bound at the top with a clip.

(i) Titles on Papers. All pleadings and other papers presented to the Bankruptcy Clerk for filing must bear clear designations of their content. Designations of pleadings and other papers must conform to the nomenclature set forth in Rule 7 of the Federal Rules of Civil Procedure. When a document contains multiple contents (such as an answer to a complaint and a counterclaim), all matters contained in the document must be described in the caption on the first page of the document, except that a certificate of service should not be included in the caption.

(j) List of Creditors in Main Case. In addition to the schedules, the debtor must file a list of all creditors. If the debtor files the petition initiating a case through the Electronic Case Filing Program, the list of all creditors must be filed in the format prescribed by the CM/ECF Administrative Procedures.

(k) Orders. Provisions governing electronic orders are contained in BLR 9013-2.

BLR 5005-2. Reserved.

Reserved.

BLR 5005-3. Incorporation of Pleadings.

In those instances where reproduction of an entire pleading or other paper would be unduly burdensome, a party filing, or moving to file, an amendment to a pleading or other paper may 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 either 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 must include the information required by BLR 5005-1(e).

BLR 5005-5. Electronic Filing.

(a) Authorization of Electronic Filing. The Bankruptcy Clerk must accept documents for filing by electronic means in accordance with these Rules and with the CM/ECF Administrative Procedures established pursuant to BLR 5005-5(b).

(b) CM/ECF Administrative Procedures. The Bankruptcy Court may establish “CM/ECF Administrative Procedures,” which are administrative procedures consistent with technical standards that the Judicial Conference of the United States establishes for the Bankruptcy Court’s electronic case filing and docketing system. The CM/ECF Administrative Procedures include procedures concerning: (1) the registration of attorneys, trustees, examiners, the United States Trustee, and other persons to have access to the electronic docket to file documents electronically and to pay required filing 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 CM/ECF Administrative Procedures must 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 other applicable law. The CM/ECF Administrative Procedures are available from the Bankruptcy Clerk and on the Bankruptcy Court’s website.

(c) Use of Passwords. With regard to passwords issued pursuant to the CM/ECF Administrative Procedures:

(1) No person shall knowingly utilize, 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 certifies that such person has 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 CM/ECF Administrative 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 CM/ECF Administrative Procedures.

Pages