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.

 

INTRODUCTION TO AMENDMENTS EFFECTIVE JUNE 1, 2011

 

These rules were amended effective June 1, 2011. The amendments were mostly technical, to correct errors and ambiguities identified after publication of the original rules in June 2010.

 

INTRODUCTION TO AMENDMENTS EFFECTIVE OCTOBER 11, 2011

 

These rules were further amended effective October 11, 2011. These amendments were required because of changes to the national rules. One substantive change was the replacement of three-day deadlines for initial case filing requirements with seven-day deadlines. Another was the requirement that applications to employ include the terms of employment.

 

INTRODUCTION TO AMENDMENTS EFFECTIVE OCTOBER 1, 2012

 

The amendments in October 2012 served multiple purposes. First, the practice of cross-referencing to the District Court’s rules by number only had proven to be less than ideal because (a) the cross-references required the reader to visit the District Court’s rules to find guidance; and (b) occasional failure to track changes the District Court made to its rules resulted in erroneous references. Now, these local rules capture the specific language desired from the District Court’s rules, except in those few instances where the subject matter of the District Court’s rules rarely arose in bankruptcy cases and proceedings OR the District Court’s rules were so voluminous cross-reference remained the most efficient option.

 

Second, the rules now capture the shifting of responsibility for distribution or service of various documents from the Clerk to parties. The most significant shift concerns Chapter 13 plans, amended plans, and motions to modify plans, which will now be distributed by the trustee, debtor’s counsel, or the party seeking to modify the plan, depending on the circumstances.

 

Third, the edits bring uniformity to the language used in the rules, particularly references to certificates of service and the distinction between ‘serving’ and ‘distributing’ or ‘sending’ documents.

 

The amendments include substantive changes as well, a few of which are as follows:

 

  1. A completely revised rule on Motions to Sell, B-6004-1;
  2. A new requirement of service on and notice to any domestic support obligation holder when a Chapter 13 debtor seeks discharge, B-4004-1; and
  3. Clarification of the procedures for filing pleadings in jointly administered cases, B-1015-1.

 

INTRODUCTION TO AMENDMENTS EFFECTIVE DECEMBER 3, 2012

 

The Court added a new rule, B-3002.1-2, establishing a procedure for certain lenders to be excused from filing the Notice of Payment Change otherwise required by Fed.R.Bankr.P. 3002.1.

 

The Court also added or edited rules to require parties to indicate their consent to the entry of final judgment by the Bankruptcy Judge [B-7008-1, B-7012-1, and B-9027-1] and added a rule establishing the procedure to be followed when the Judge determines that he or she cannot enter a final order or judgment under the U.S. Constitution and the parties have not consented to such entry.

 

INTRODUCTION TO AMENDMENTS EFFECTIVE FEBRUARY 19, 2013 AND MAY 1, 2013

 

The edits effective February 19th are minor, and match Rules B-3015-3, B-4001-3, and B-9019-1 to current procedures. New Rule B-4008-1, which has a delayed effective date of May 1, 2013, moves the requirement found in General Order 10-0007 concerning use of official forms into a local rule and also clarifies the duties of counsel in the reaffirmation agreement process.

 

INTRODUCTION TO AMENDMENTS EFFECTIVE SEPTEMBER 23, 2013

 

The amendments effective September 23, 2013, update existing rules so that they more accurately reflect current procedures and recent changes to CM/ECF; shift several general orders into local rules; and edit language for consistency.  

 

  INTRODUCTION TO AMENDMENTS EFFECTIVE FEBRUARY 10, 2014

 

The amendments effective February 10, 2014, made some technical changes to ensure the rules accurately reflect how CM/ECF operates and to capture some of the Court's requirements that were not clearly noted.  The rule on pre-packaged Chapter 11s, which referred to a general order for guidance, has been updated and reference to the general order removed.