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INTRODUCTIONS TO RULES AND AMENDMENTS

INTRODUCTION TO RULES EFFECTIVE JUNE 1, 2010

This newest version of the local rules focuses on capturing the procedural changes that have evolved since the arrival of electronic filing and BAPCPA. Many of the current general orders become new rules or are incorporated into existing rules. The rules join the Court’s Procedures Manual and its ECF Administrative Policies and Procedures Manual as the third source of guidance on how bankruptcy cases and proceedings are handled.

The rules follow the national numbering system for local rules, which in turn closely parallels the numbering system for the Federal Rules of Bankruptcy Procedure. The rules are accompanied by an expanded table of contents, to make searching for a specific topic simpler.

 

The Introductions to Amendments for changes made prior to 2016 have been deleted to save space.  Contact the United States Bankruptcy Clerk to obtain those Introductions.

INTRODUCTION TO AMENDMENTS EFFECTIVE FEBRUARY 29, 2016

The amendments effective February 29, 2016, clarify the proper way to give notice of the bankruptcy filing to a state court or other tribunal. Actual filing in that other forum is required; it is not appropriate to list the state court or tribunal as a creditor on the schedules, as the Court is only required to give notice of the filing to actual creditors, and state court staff have complained about their inability to link a notice of the meeting of creditors to a state court matter.  The amendments also add a new rule requiring specific information in any motion to modify a mortgage. The Court has also decided to restrict viewing access to pay advices, because of persistent problems with the disclosure of personal identifiers. Finally, the amendments supplement the December 1 clarification on periodic payment in Chapter 11 cases other than by draw on a retainer, by matching the permissible terms for such a process to the limits set on retainer draw.

  

INTRODUCTION TO AMENDMENTS EFFECTIVE AUGUST 29, 2016

The major change resulting from the amendments effective August 29, 2016, is the elimination of the “order in no asset case” and replacement with a streamlined process for abandonment in no asset Chapter 7 cases. The revisions also shift responsibility for noticing an application to employ in Chapter 11 cases onto the applicant. Rules on motions to sell were modified slightly, to require disclosure of liens and to clarify the process for seeking a sale with a designated purchaser but consideration of higher bids. Other changes are for clarity.  

  

INTRODUCTION TO AMENDMENTS EFFECTIVE DECEMBER 1, 2016

These amendments primarily eliminate local rules which have been replaced by national rules requiring parties to indicate their consent to the Bankruptcy Judge’s entry of final judgment. Edits also updated the rule on auctioneers, primarily as to bond coverage, and also require highlighting of amendments to initial case documents, to make it easier for the reader to identify what has changed.

 

INTRODUCTION TO AMENDMENTS EFFECTIVE DECEMBER 1, 2017

These amendments change the local rules to establish a local Chapter 13 plan form, pursuant to new Fed.R.Bankr.P. 3015.1. Other edits clean up rule language concerning the Chapter 13 confirmation process to better conform with actual practice, and for consistency with the new plan form. Outside the Chapter 13 area, rules edits establish a standard extension of time for objections to discharge and dischargeability when the meeting of creditors is not noticed timely or when the case gets dismissed and then reinstated while the deadline period was running.  The local rules concerning attorney appearances and withdrawals are completely overhauled. Other minor edits clarify the process for withdrawing a proof of claim; for sales of co-owned property; and for designating the record on appeal or withdrawal of the reference.