A party filing a motion to dismiss, for judgment on the pleadings, or for a more definite statement under Fed.R.Civ.P.12 (made applicable in bankruptcy by Fed.R.Bankr.P. 7012) shall file and serve a supporting brief. The supporting brief shall be no more than 35 pages, unless the Court orders otherwise. The motion and supporting brief may be combined into one document.
The Corporate Ownership Statement required to be filed by a corporation under Fed.R.Bankr.P. 7007.1 shall also be filed by each non-individual party to an adversary proceeding, including those that seek to intervene, that is not a governmental unit.
The Court may, at its discretion, conduct a pretrial conference in an adversary proceeding upon notice.
The Court may determine on its own motion or on the request of a party which provisions of S.D.Ind. L.R. 16-1 shall apply to an adversary proceeding.
Counsel may question a deponent who refuses to answer a question on the basis of privilege about information related to the appropriateness of the privilege, including whether:
(1) the privilege applies under the circumstances;
(2) the privilege has been waived; and
(3) circumstances exist to overcome a claim of qualified privilege.
A party may serve no more than 25 requests for admission on another party without leave of Court. Requests relating to the authenticity or genuineness of documents are not subject to this limitation. A party seeking to serve additional requests for admission shall file a written motion setting forth the proposed requests and the reason(s) for their use.
The Court may dismiss an adversary proceeding if:
(a) the plaintiff has not taken any action for six months;
(b) the Judge& has directed and the Clerk has given notice to the parties that the case will be dismissed for failure to prosecute it; and
(c) at least 28 days have passed since the notice was given.
Official Procedure Last Change December 12, 2022
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A party seeking an entry of default from the Clerk under Fed.R.Bankr.P. 7055(a) shall file an application seeking relief. The application shall be accompanied by an affidavit stating that the defendant has failed to plead or otherwise defend and that the defendant is not protected by the Servicemembers' Civil Relief Act of 2003 and is not a minor or incompetent person.
A trustee or a Debtor who seeks to enforce a judgment in an adversary proceeding or an order of turnover for the benefit of the bankruptcy estate may pursue collection in the Bankruptcy Court. The order of turnover shall be for a sum certain or direct turnover of specific property.