With the approval of the Judicial Council of the Eleventh Circuit Court of Appeals and the United States District Court, Northern District of Georgia, the Local Rules of the United States Bankruptcy Court for the Northern District of Georgia were amended and are effective September 1, 2019. The changes were posted for review and comment from April 11, 2019 through May 10, 2019. The revisions conform the Local Rules to changes in the Federal Rules and to developments in local practice. The changes also acknowledge advancements in CM/ECF and using electronic means of communication. Among the many changes in the Local Rules, please note:
BLR 1006-2 Failure to Submit a Filing Fee or Filing Fee Installment.
This is a new local rule added to explain the process by which the Bankruptcy Court may dismiss a case for failure to pay case filing fee installments. The orders entered when a request to pay the fee in installments is granted were modified to reflect the same language regarding a request for extension of time or request for a hearing, which adds protections for the debtor by clearly providing the right to a hearing should the debtor request one.
BLR 1017 Failure to File Required Papers.
This is a new local rule added to explain the process by which the Bankruptcy Court may dismiss a case for failing to file certain required documents, such as schedules and statement of financial affairs. The notice of deficiency previously issued by the Clerk was changed to an Order Setting Deadlines for Debtor to Correct Filing Deficiency(ies) which both specifies the required documents not filed and adds protections for the debtor who fails to file required papers or correct deficiencies but requests either an extension of time to file missing documents or requests a hearing on the order setting deadlines.
BLR 3018-1 Procedure for Filing and Counting Ballots in Connection with Chapter 11 Plan Confirmation.
This local rule was amended to clarify the representations to be made in the Ballot Report and the attachments needed.
BLR 4001-1 Motion for Ex Parte Relief from Stay Based on Lack of Insurance Coverage.
This local rule was amended to clarify the representations that must be made under oath when a party seeks ex parte stay relief.
BLR 5005-8 Service of Electronically Filed Documents.
This local rule is amended to provide that in all cases, and adversary proceedings, a Registered User of the court’s CM/ECF system agrees to receive notice and service of pleadings and documents, except those required to be served under Bankruptcy Rule 7004, by electronic means and waives other service by the Bankruptcy Court and other Registered Users. Referenced in proposed BLR 5005-8 is the Bankruptcy Court’s General Order 25-2018, entered October 31, 2018, regarding electronic service of pleadings which addresses the mechanics of electronic service.
BLR 5071-4 Attorney Conflicts: Appearances before the Bankruptcy Court.
This local rule was amended to clarify that notice of the conflict occurs by letter and not by any CM/ECF docketing event; also clarifies the parties who must be served with the notice of conflict.
BLR 9010-5 Withdrawal; Responsibilities of Party No Longer Represented; Leave of Absence.
This local rule was amended to clarify the procedure for obtaining a leave of absence.
BLR 9014-2 Procedures for Determination of Matters Without Hearing in the Absence of Objection.
Referenced in BLR 9014-2 is the Bankruptcy Court’s General order 24-2018, entered October 31, 2018, which establishes voluntary notice procedures in Chapter 7,11,12 and 13 cases. The general order specifies the matters to which these procedures apply and provides as Exhibit A the required form of notice (Notice of Pleading, Deadline to Object and For Hearing) that is required for use with the voluntary notice procedures. The procedures outlined in the general order and incorporated by reference in the proposed local rules may not be used by pro se litigants.
The revised Local Rules will be posted under the Local Rules & General Orders tab of this website on the effective date of September 1, 2019.
Click here to review the Local Rules (Clean Version).
Click here to review the Local Rules (Black Line).
M. Regina Thomas
Clerk of Court
Wednesday, August 21, 2019