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.

(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.

(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).

(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.

(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.

(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).

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.

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.

(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.

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