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.
A document filed using the Court’s electronic filing system, with the exception of a proof of claim, a reaffirmation agreement, a request under Fed.R.Bankr.P. 2002(g), or a creditor change of address, constitutes an appearance by the attorney for the party on whose behalf the document is filed.
All pleadings and documents filed in a bankruptcy case pursuant to Fed.R.Bankr.P. 9013 or 9014 shall be accompanied by a Certificate of Service.
In addition to identifying the pleading or document served, certificates of service shall conform substantially to the Certificate of Service form adopted with the Administrative Policies and Procedures Manual and available on the Court’s website.
To qualify as a First Day Motion, the motion shall be filed with the Chapter 11 or 12 petition, or within two days thereafter, state in its caption that it is a First Day Motion, and be one of the motions included within subparagraph (f) of this rule. First Day Motions shall be scheduled for an expedited hearing without any formal request by the Debtor. All other requests for expedited treatment shall comply with S.D.Ind. B-9006-1.
The following local rules apply in contested matters other than motions to dismiss or convert a case, unless the Court orders otherwise:
7026-2 Filing of Discovery Materials
7030-1 Depositions
7036-1 Requests for Admissions
7037-1 Discovery Disputes
7041-1 Dismissal for Failure to Prosecute
7056-1 Summary Judgment
Under S.D.Ind. L.R. 39-1, the District Court has authorized the Bankruptcy Judges of this District to conduct jury trials with the express consent of all parties.
Official Procedure Last Change August 1, 2022
If a subpoena to produce or permit inspection is to be served upon a nonparty, a copy of the proposed subpoena shall be served on all other parties at least seven days prior to service of the subpoena on the nonparty, unless the parties agree to a different time frame or the case management plan provides otherwise. However, if such subpoena relates to a matter set for hearing within such seven-day period or arises out of an emergency, the subpoena may be served upon a nonparty one day after a notice and copy of the subpoena is served on each party.