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 must give prompt notice of the conflict and a proposed resolution thereof to the case trustee, Chapter 13 Trustee, or United States Trustee as appropriate.
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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) When an attorney is scheduled to appear on a day certain in the Bankruptcy Court and another court, and after consultation at the earliest reasonable opportunity, the scheduling conflict cannot be informally resolved with opposing counsel (or an unrepresented party) and with the bankruptcy courtroom deputy, the attorney must give prompt written notice of the conflict as specified below.
(b) The attorney must submit prompt notice of the conflict by delivering a letter not less than seven days prior to the date of conflict to each bankruptcy courtroom deputy, to the chambers of other non-bankruptcy court judges, and to counsel for other affected parties (or to any unrepresented parties), together with a proposed resolution of the conflicts 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. In the absence of objection from counsel for an opposing party (or an unrepresented party) or the courts affected, the proposed order of conflict resolution stands. The parties should not docket the notice of the conflict.
(c) An attorney shall have a conflict under this rule only if the attorney certifies in the written notice of conflict that:
(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 opposing counsel (or an unrepresented party) and communication with the appropriate courtroom deputy or deputies and the other affected courts, the conflict cannot be resolved.
LR 83.5 is applicable to and governs all actions and proceedings in the Bankruptcy Court.
LR 83.4 is applicable to and governs all actions and proceedings in the Bankruptcy Court.
Under no circumstances may any individual participating in or listening to proceedings before the Bankruptcy Court, whether in the courtroom or telephonically, record or broadcast the proceedings conducted by the Bankruptcy Court.
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 a chapter 7 case to abandon property of the estate without further notice or service.
(b) By Trustee. In accordance with Bankruptcy Rule 6007, a trustee in a chapter 7 case may give verbal notice of a proposed abandonment at a Meeting of Creditors held pursuant to 11 U.S.C. § 341(a); provided, however, that said verbal notice must be reduced to a writing, stating the grounds
therefor, and be filed with the Bankruptcy Clerk within fourteen days after the Meeting of Creditors. If no objection to the proposed abandonment is filed within fourteen days following the filing of the trustee’s notice, the property will be deemed abandoned as of the date of the Meeting of Creditors or the date of the written notice, whichever is earlier.
(a) A debtor filing either a motion to redeem property pursuant to 11 U.S.C. § 722 and Bankruptcy Rule 6008 or a motion to avoid a lien on exempt property pursuant to 11 U.S.C. § 522 and Bankruptcy Rule 4003(d) must attach a notice substantially complying with Local Forms 6008-1(A) or 6008-1(B), as appropriate. Such matters are contested matters and must be served according to Bankruptcy Rule 9014.
(b) The respondent must file a response to a motion under BLR 6008-1(a) within twenty-one 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.
Notwithstanding BLR 1001-3, in any adversary proceeding or contested matter, these Bankruptcy Local Rules govern over any inconsistent provision contained in the Local Rules of Practice for the District Court.
A motion by a debtor in a chapter 7 or chapter 13 case for an order to either 1) recover an automobile or an item of consumer goods repossessed by a creditor, or 2) authorize the release of funds held under a garnishment commenced by a creditor, may be filed as a contested matter.
(a) Omission of Response Date on Summons. Failure of counsel for a party or of a party appearing pro se 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 constitutes grounds for dismissal of the action without prejudice.
(b) Failure to Update Office Address, Telephone Number, and E-mail Address. 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, telephone number, and e-mail address which causes a delay or otherwise
adversely affects the management of the case constitutes grounds either for dismissal of the action without prejudice or for entry of a default judgment.