Local Bankruptcy Rules, Forms And Appendix
UNITED STATESBANKRUPTCY COURTDISTRICT OF COLORADOLOCALBANKRUPTCYRULES, FORMSAND APPENDIXDecember 1, 2015
UNITED STATESBANKRUPTCY COURTDISTRICT OF COLORADOLOCALBANKRUPTCYRULESDecember 1, 2015
RULESTable of ContentsSCOPE OF RULES .1LOCAL BANKRUPTCY RULE 1002-1.1MINIMUM INITIAL FILINGS REQUIREMENTS ON PETITION DATE .1LOCAL BANKRUPTCY RULE 1007-1.3LISTS, SCHEDULES, STATEMENTS & OTHER DOCUMENTS .3LOCAL BANKRUPTCY RULE 1007-2.3CREDITOR ADDRESS MAILING MATRIX .3LOCAL BANKRUPTCY RULE 1007-4.4FINANCIAL DISCLOSURE BY CORPORATE DEBTOR .4LOCAL BANKRUPTCY RULE 1007-5.4SOCIAL SECURITY NUMBER (PRIVACY) .4LOCAL BANKRUPTCY RULE 1007-6.6EMPLOYEE PAYMENT ADVICES.6LOCAL BANKRUPTCY RULE 1007-7.6CHAPTER 11 RECEIVERS.6LOCAL BANKRUPTCY RULE 1009-1.6AMENDMENTS TO LISTS & SCHEDULES .6LOCAL BANKRUPTCY RULE 1015-1.8JOINT ADMINISTRATION .8LOCAL BANKRUPTCY RULE 1017-1.10DEBTOR’S REQUEST FOR, NOTICE OF, CONVERSION.10LOCAL BANKRUPTCY RULE 1017-2.11DISMISSAL OR SUSPENSION – CASE OR PROCEEDING.11LOCAL BANKRUPTCY RULE 1017-3.11DISMISSAL OR SUSPENSION – CASE OR PROCEEDINGS .11LOCAL BANKRUPTCY RULE 1019-1.12PROCEDURE FOLLOWING CONVERSION TO CHAPTER 7 .12LOCAL BANKRUPTCY RULE 1073-1.13ASSIGNMENT OF CASES .13i
LOCAL BANKRUPTCY RULE 2002-1.13NOTICE TO CREDITORS & OTHER INTERESTED PARTIES .14LOCAL BANKRUPTCY RULE 2003-1.15MEETING OF CREDITORS & EQUITY SECURITY HOLDERS .15LOCAL BANKRUPTCY RULE 2004-1.15EXAMINATIONS .15LOCAL BANKRUPTCY RULE 2012-1.16NOTICE OF SUBSTITUTION OF TRUSTEE AND NOTICE OF SUCCESSORTRUSTEE’S ACCOUNTING .16LOCAL BANKRUPTCY RULE 2014-1.16APPOINTMENT OF PROFESSIONAL PERSONS .16LOCAL BANKRUPTCY RULE 2015-1.17REPORTS .17LOCAL BANKRUPTCY RULE 2016-1.18COMPENSATION OF PROFESSIONALS .18LOCAL BANKRUPTCY RULE 2016-2.19INTERIM COMPENSATION PROCEDURES IN CHAPTER 11 CASES.19LOCAL BANKRUPTCY RULE 2016-3.20COMPENSATION OF CHAPTER 13 DEBTOR’S COUNSEL .20LOCAL BANKRUPTCY RULE 2016-4.23COMPENSATION OF PETITION PREPARERS.23LOCAL BANKRUPTCY RULE 2018-1.23INTERVENTION BY UNITED STATES OR A STATE ON CONSTITUTIONALQUESTION.23LOCAL BANKRUPTCY RULE 2081-1.24CHAPTER 11–INITIAL MOTIONS .24LOCAL BANKRUPTCY RULE 2081-2.27CHAPTER 11-CERTAIN NOTES .27LOCAL BANKRUPTCY RULE 2081-3.28CHAPTER 11– MOTIONS TO DISMISS OR CONVERT.28LOCAL BANKRUPTCY RULE 2082-1.30CHAPTER 12 – GENERAL .30ii
LOCAL BANKRUPTCY RULE 2083-1.32CHAPTER 13 – GENERAL .32LOCAL BANKRUPTCY RULE 3001-1.34CLAIMS AND EQUITY SECURITY INTERESTS – GENERAL.34LOCAL BANKRUPTCY RULE 3003-1.34FILING PROOF OF CLAIM IN CHAPTER 11 CASE .34LOCAL BANKRUPTCY RULE 3004-1.34FILING OF PROOF OF CLAIM BY DEBTOR OR TRUSTEE .34LOCAL BANKRUPTCY RULE 3005-1.35FILING OF PROOF OF CLAIM BY GUARANTOR, SURETY, INDORSER OROTHER CO-DEBTOR .35LOCAL BANKRUPTCY RULE 3007-1.35OBJECTIONS TO CLAIMS .35LOCAL BANKRUPTCY RULE 3012-1.36VALUATION OF COLLATERAL AND DETERMINATION OF SECURED STATUSPURSUANT TO 11 U.S.C. § 506 .36LOCAL BANKRUPTCY RULE 3015-1.38FILING OF CHAPTER 13 PLAN .38LOCAL BANKRUPTCY RULE 3017-1.46DISCLOSURE STATEMENT – NOTICE AND OBJECTIONS .46LOCAL BANKRUPTCY RULE 3017.1-1.47CONDITIONAL APPROVAL OF DISCLOSURE STATEMENT .47IN SMALL BUSINESS CASES .47LOCAL BANKRUPTCY RULE 3017-2.48COMBINED CHAPTER 11 PLAN AND DISCLOSURES .48IN SMALL BUSINESS CASES .48LOCAL BANKRUPTCY RULE 3022-1.50CHAPTER 11--FINAL REPORT/DECREE .50LOCAL BANKRUPTCY RULE 4001-1.51RELIEF FROM AUTOMATIC STAY .51LOCAL BANKRUPTCY RULE 4001-2.54TERMINATION, ABSENCE, OR EXTENSION OF AUTOMATIC STAY .54LOCAL BANKRUPTCY RULE 4001-3.56CASH COLLATERAL AND POST-PETITION FINANCING .56iii
LOCAL BANKRUPTCY RULE 4001-4.57COMMUNICATION NOT IN VIOLATION .57OF THE AUTOMATIC STAY .57LOCAL BANKRUPTCY RULE 4002-1.58DUTIES REGARDING TAX INFORMATION.58LOCAL BANKRUPTCY RULE 4002-2.59SERVICEMEMBERS CIVIL RELIEF ACT OF 2003 (“SCRA”) .59LOCAL BANKRUPTCY RULE 4003-1.60EXEMPTIONS .60LOCAL BANKRUPTCY RULE 4003-2.60LIEN AVOIDANCE .60LOCAL BANKRUPTCY RULE 4004-1.61DISCHARGE.61LOCAL BANKRUPTCY RULE 4008-1.62REAFFIRMATION OF DISCHARGEABLE DEBTS .62LOCAL BANKRUPTCY RULE 5001-2.63CLERK – OFFICE LOCATION AND HOURS .63LOCAL BANKRUPTCY RULE 5003-1.63RECORDS RETENTION.63LOCAL BANKRUPTCY RULE 5005-4.64ELECTRONIC FILING.64LOCAL BANKRUPTCY RULE 5010-1.67REOPENING CASES .67LOCAL BANKRUPTCY RULE 5011-1.67MOTIONS FOR WITHDRAWAL OF THE REFERENCE .67LOCAL BANKRUPTCY RULE 5073-1.68PHOTOGRAPHY, RECORDING DEVICES & BROADCASTING .68LOCAL BANKRUPTCY RULE 5095-1.68INVESTMENT OF ESTATE FUNDS .68LOCAL BANKRUPTCY RULE 6004-1.70SALE OF ESTATE PROPERTY .70LOCAL BANKRUPTCY RULE 7001-1.71ADVERSARY PROCEEDINGS - GENERAL.71iv
LOCAL BANKRUPTCY RULE 7007-1.71ADVERSARY PROCEEDINGS – RESPONSES TO MOTIONS .71LOCAL BANKRUPTCY RULE 7007.1-1.72CORPORATE OWNERSHIP STATEMENT.72LOCAL BANKRUPTCY RULE 7016-1.72PRE-TRIAL PROCEDURE FOR ADVERSARY PROCEEDINGS.72LOCAL BANKRUPTCY RULE 7026-1.72DISCOVERY - GENERAL.72LOCAL BANKRUPTCY RULE 7026-2.73SPECIAL PROVISIONS REGARDING LIMITED AND SIMPLIFIED DISCOVERY 73LOCAL BANKRUPTCY RULE 7041-1.73NOTICE REQUIREMENTS FOR DISMISSAL OF PROCEEDINGS TO DENYDISCHARGES .73LOCAL BANKRUPTCY RULE 7055-1.74DEFAULT – FAILURE TO PROSECUTE .74LOCAL BANKRUPTCY RULE 7056-1.75SUMMARY JUDGMENT .75LOCAL BANKRUPTCY RULE 7069-1.77PAYMENT OF JUDGMENT .77LOCAL BANKRUPTCY RULE 8000-1.78APPEALS TO DISTRICT COURT OR BANKRUPTCY APPELLATE PANEL .78LOCAL BANKRUPTCY RULE 9001-1.79DEFINITIONS.79LOCAL BANKRUPTCY RULE 9004-1.80PAPERS – REQUIREMENTS OF FORM .80LOCAL BANKRUPTCY RULE 9004-2.81CAPTION – PAPERS, GENERAL .81LOCAL BANKRUPTCY RULE 9009-1.82FORMS .82LOCAL BANKRUPTCY RULE 9010-1.82ATTORNEYS – PROFESSIONAL STANDARDS; ADMISSION; SCOPE OFREPRESENTATION; DISCIPLINARY MATTERS; REPRESENTATION OFCORPORATION; ENTRY OF APPEARANCE .82v
LOCAL BANKRUPTCY RULE 9010-3.85SUPERVISED LAW STUDENTS .85LOCAL BANKRUPTCY RULE 9010-4.87ATTORNEYS – WITHDRAWAL .87LOCAL BANKRUPTCY RULE 9011-4.89SIGNATURES AND E-FILING .89LOCAL BANKRUPTCY RULE 9013-1.89MOTIONS PRACTICE .89LOCAL BANKRUPTCY RULE 9013-2.92CERTIFICATE OF SERVICE - MOTIONS .92LOCAL BANKRUPTCY RULE 9014-1.92CONTESTED MATTERS.92LOCAL BANKRUPTCY RULE 9019-2.93ALTERNATIVE DISPUTE RESOLUTION .93LOCAL BANKRUPTCY RULE 9023-1.95SERVICE OF MOTION TO ALTER OR AMEND JUDGMENT .95LOCAL BANKRUPTCY RULE 9024-1.95SERVICE OF MOTION FOR RELIEF FROM JUDGMENT OR ORDER .95LOCAL BANKRUPTCY RULE 9025-1.95BONDS .95LOCAL BANKRUPTCY RULE 9027-1.96SERVICE OF NOTICE OF REMOVAL .96LOCAL BANKRUPTCY RULE 9029-1.96LOCAL BANKRUPTCY RULES AND PROCEDURES .96LOCAL BANKRUPTCY RULE 9036-1.96NOTICE BY ELECTRONIC TRANSMISSION .96LOCAL BANKRUPTCY RULE 9070-1.97WITNESSES & EXHIBITS .97vi
SCOPE OF RULES(a) General Applicability: These rules and forms supplement the Federal Rules ofBankruptcy Procedure (“FED. R. BANKR. P.”) and the Bankruptcy Official Forms(“Official Forms”) and govern practice and procedure in the United States BankruptcyCourt for the District of Colorado.(b) Applicability of Rules to Persons Appearing without Counsel: Individuals whoappear before the court who are not represented by an attorney are bound by the L.B.R.and any reference to “attorney” applies to individuals who are not represented by an“attorney” unless otherwise noted.(c) Citation to the Rules: The rules are to be cited as the Local Bankruptcy Rules(“L.B.R.”), the forms as the Local Bankruptcy Forms (“L.B. Forms”), and the appendixas the Local Bankruptcy Rules Appendix (“L.B.R. App.”).(d) Uniform Numbering System: The numbering system in these L.B.R. and L.B.Forms is based on the Uniform Numbering System for Local Bankruptcy Court Rulesdeveloped by the Judicial Conference Advisory Committee on Bankruptcy Rules. Anygaps in the numbering system are intentional.(e) Reference to Debtor: Any reference to “debtor” in the L.B.R. and L.B. Formsincludes both “debtors” in a joint case.(f) Prior Rules; Actions Pending on Effective Date. These Local Bankruptcy Rulessupersede all previous Local Bankruptcy Rules and General Procedure Orderspromulgated by the court prior to the Effective Date of December 1, 2015, except asotherwise ordered. They shall govern all cases or proceedings pending on or filed afterthe Effective Date, unless the court finds they would not be feasible or would work aninjustice.Commentary[Source: COB LBR 101 and C.D. Cal]LOCAL BANKRUPTCY RULE 1002-1MINIMUM INITIAL FILING REQUIREMENTS ON PETITION DATE(a) Initial Filing Requirements: The debtor must also complete and file the following:(1) Voluntary Petition for Individuals Filing for Bankruptcy, Official Form101, or Voluntary Petition for Non-Individuals Filing for Bankruptcy,Official Form 2011
(2) Cover Sheet: In paper filed cases only, a cover sheet in substantialconformity with L.B. Form 1002-1.1.(3) Certificate of Credit Counseling: In the event the debtor is an individual,(A) the debtor’s Certificate of Credit Counseling evidencing that thedebtor has complied with the credit counseling requirements set forth in11 U.S.C. § 109(h)(1), or(B) a written explanation as to why a temporary exemption or exceptionshould apply under 11 U.S.C. § 109(h)(3) or (4) shall be provided on theOfficial Form 101, Individual Debtor’s Statement of Compliance withCredit Counseling Requirement.(4) Filing Fees: Pay the applicable filing fee in full. If the debtor is anindividual, the debtor may file an application to pay the filing fee in installmentpayments or an application for a waiver of the filing fee. See 28 U.S.C. § 1930,FED. R. BANKR. P. 1006 and applicable Official Forms for further information onfiling fees.(5) Statement of Social Security Number: In the event the debtor is anindividual, Official Form 121 - Statement About Your Social Security Numbers.See L.B.R. 1007-5 for further information on Social Security numbers andprivacy.(6) Creditor Address Mailing Matrix: A proper Creditor Address MailingMatrix. See 11 U.S.C. § 521(a)(1), FED. R. BANKR. P. 1007(a)(1), L.B.R. 1007-2and L.B.R. 1007-2App. for further information on filing a proper CreditorAddress Mailing Matrix.(7) List of 20 Largest Unsecured Creditors: For a petition under chapter 9 or avoluntary chapter 11, the list containing the name, address and estimated claim ofthe creditors that hold the 20 largest unsecured claims as required by FED. R.BANKR. P. 1007(d).(b) Notice of Non-Filing and Return of Deficient Petition: The Clerk may decline toaccept for filing any bankruptcy petition tendered in paper for filing that does not containthe minimum requirements as stated in L.B.R. 1002-1(a).Commentary[Source: L.B.R. 102, Transitional Local Bankruptcy Form 1002-1, Transitional LocalBankruptcy Form 1007-1, and GPO 2002-2]2
See L.B.R. 1017-3 for information on dismissal for failure to file documents and theUnited States Trustee’s Standing Motion to Dismiss.Change in numbering to clarify required documents. January, 1, 2014.A schedule of the current fees can be found at the bankruptcy court’s website atwww.cob.uscourts.gov.LOCAL BANKRUPTCY RULE 1007-1LISTS, SCHEDULES, STATEMENTS & OTHER DOCUMENTSFED. R. BANKR. P. 1002 through 1008 govern the documents required to be filed at ornear the commencement of a case. L.B.R. 1007-1App. contains a list, in propersequence, of the documents required to be filed to constitute a complete bankruptcyfiling. L.B.R. 1007-1App. also includes references to applicable Official Forms,Director’s Procedural Forms and L.B. Forms.Commentary[Source: T.L.B.R. 1007-1]LOCAL BANKRUPTCY RULE 1007-2CREDITOR ADDRESS MAILING MATRIX(a) Content: The debtor must file a verified list of creditors, referred to as the CreditorAddress Mailing Matrix, pursuant to 11 U.S.C. § 521(a)(1)(A) in the form and mannerdescribed in L.B.R. 1007-2App. The debtor must file a Verification of Creditor AddressMailing Matrix in substantial conformity with L.B. Form 1007-2.1.(b) Assignment: In addition to the requirements of FED. R. BANKR. P. 1007(a), if anassignment of the account or debt is known to the person verifying such information, thefull names and addresses of both the original creditor and assignee must be listed. If thedebt is in the hands of an attorney or other agent for collection, the full names andaddresses of both the creditor and attorney or other agent should be listed, if known.(c) Amendments: See L.B.R. 1007-2App. and L.B.R. 1009-1 for information onamendments to the schedules and Creditor Address Mailing Matrix.Commentary[Source: L.B.R. 107(c)]3
LOCAL BANKRUPTCY RULE 1007-4FINANCIAL DISCLOSURE BY CORPORATE DEBTOR(a) The following financial disclosures are required of corporate debtors:(1) Corporate Ownership Statement pursuant to FED. R. BANKR. P. 1007(a)(1) insubstantial conformity with L.B. Form 1007-4.1.(2) List of Equity Interest Holders pursuant to FED. R. BANKR. P. 1007(a)(3) insubstantial conformity with L.B. Form 1007-4.2.Commentary[Source: New. Modified by GPO 2013-1] January, 1, 2014.See FED. R. BANKR. P. 7007.1 and L.B.R. 7007.1-1 for additional information on filing aCorporate Ownership Statement in adversary proceedings.LOCAL BANKRUPTCY RULE 1007-5SOCIAL SECURITY NUMBER (PRIVACY)(a) Petition: When filing the petition electronically, the electronic filer must enter thedebtor’s full Social Security number when opening a case, but must include only the lastfour digits on theVoluntary Petition for Individuals Filing for Bankruptcy, Official Form101.(b) Statement of Social Security Number:(1) Official Form 121: All voluntary petitions in individual debtor cases must beaccompanied by the filing of(i) Official Form 121, Statement About Your Social Security Numbers, inconventional paper format; or(ii) For petitions that are filed electronically, Official Form 121, using theproper secured event to prevent public access to the form.(2) Receipt: A receipt of the Statement About Your Social Security Numberswill be entered on the docket, but will not be available for public inspection at thecourt or over the internet.(3) Amended Statement of Social Security Number:(i) Correction: An incorrect Social Security number must be corrected bythe debtor by submitting an Amended Statement About Your Social4
Security Numbers. The Amended Statement must include the originallysubmitted and the correct Social Security numbers and must be filedwithin seven (7) days of the debtor discovering or being informed of theerror.(ii) Service: Filed with the Amended Statement or not later than three (3)court days of filing the Amended Statement About Your of Social SecurityNumbers as prescribed above, the debtor must file a certificate of serviceevidencing service of the Amended Statement About Your Social SecurityNumbers on the United States Trustee, the trustee, and all creditors.(4) Failure to File the Statement About Your Social Security Numbers:Failure to file or serve the Statement About Your Social Security Numbers, or anyamendment thereto, in accordance with this L.B.R. may result in dismissal of thecase.(c) Proof of Claim Form: Creditors claiming wages owed from the debtor shoulddisclose only the last four digits of their Social Security number on Official Form 410,Proof of Claim.(d) Redaction of Personal Identifiers: It is the responsibility of any party filingdocuments with the court, not the Clerk, to redact Social Security numbers and otherpersonal identifiers such as dates of birth, financial account numbers, and names of minorchildren. This includes copies of employee payment advices, tax returns, or otherfinancial documents that may be filed or attached as an exhibit to documents filed withthe court. In the event a petition or other document is tendered for filing that bears theentire Social Security number of the debtor, the Clerk will file said petition or documentas tendered without taking any action to redact the first five digits of the Social Securitynumber.Commentary[Source: L.B.R. 107(c) and GPO 2003-4]See L.B.R. 4002-1 for privacy of tax return information and L.B.R. 9004-2 forinformation on captions.See also FED. R. BANKR. P. 1009 and FED. R. BANKR. P. 9037.Remainder of Page Left Intentionally Blank5
LOCAL BANKRUPTCY RULE 1007-6EMPLOYEE PAYMENT ADVICES(a) Filing Requirement: The debtor must file the required payment advices pursuant to11 U.S.C. § 521(a)(1)(B)(iv) or a statement as to why the debtor has not complied. Thestatement must be in substantial conformity with L.B. Form 1007-6.1.(b) Failure to File Any Payment Advices: If no payment advices are filed with thepetition and the debtor has not filed a statement in substantial conformity with L.B. Form1007-6.1, the court may issue a notice of deficiency. The failure to cure the deficiencymay result in the dismissal of the case pursuant to 11 U.S.C. § 521(i) and L.B.R. 1017-3.(c) Motions or Objections Regarding Filed Payment Advices: All parties in the casehave until the latter of forty-five (45) days after the petition is filed, or thirty (30) daysafter the payment advices are filed, to file a motion to modify a docket entry that states apayment advice was filed or to challenge the court’s acceptance of documents insatisfaction of the payment advice filing requirement. The failure to timely file such amotion or challenge will result in the documents being deemed accepted and sufficient insatisfaction of the filing requirement in 11 U.S.C. § 521(a)(1)(B)(iv), unless otherwiseordered by the court.Commentary[Source: Paragraphs (a) and (b) are n
as the Local Bankruptcy Rules Appendix ("L.B.R. _ App."). (d) Uniform Numbering System: The numbering system in these L.B.R. and L.B. Forms is based on the Uniform Numbering System for Local Bankruptcy Court Rules developed by the Judicial Conference Advisory Committee on Bankruptcy Rules. Any gaps in the numbering system are intentional.
These rules shall be cited and referred to as the Local Bankruptcy Rules ("L.B.R.") and the forms as the Local Bankruptcy Forms ("L.B.F."). (c) Construction. (1)Rules and Forms. These rules and forms shall be construed These in a manner consistent with the Federal Rules of Bankruptcy Procedure ("Fed. R. Bankr. P.") and the Official Bankruptcy .
Order Amending Local Bankruptcy Rules . B -7016-1; B -7054-1 : March 23 , 2018 . Order Amending Local Bankruptcy Rules : B -2002-2 . December 1, 2018 : Order Amending Local Bankruptcy Rules . B -5005-1 : February 28, 2018 . Order Amending Local Bankruptcy Rules : B -4004-2 . March 15, 2019 : Order Making Technical Amendments to Local Bankruptcy .
Rule 1001-1 CITATION OF LOCAL BANKRUPTCY RULES (W.PA.LBR) The Local Bankruptcy Rules of the United States Bankruptcy Court for the Western District of Pennsylvania (hereinafter "the Court") shall be cited as W.PA.LBR _ - _ [Local Bankruptcy Rule number]. The citations in the Local Bankruptcy Rules may be modified to correspond to .
Bankruptcy Code. (2) Rules 1 through 35 and 63 through 82 of the Former Local Bankruptcy Rules shall apply to all cases in this district governed by the Bankruptcy Act. Comment This rule is derived from Former Local Bankruptcy Rule 1. Pursuant to Bankruptcy Rule 9029, "[e]ach district court may make and amend rules governing practice and .
Bankruptcy Appeals There are no local bankruptcy court rules relating to appeals in the W.D. Ky. Movants should follow the procedures in Federal Rules of Bankruptcy Procedure 8001 to 8028. Procedural Rules Applicable to Bankruptcy Appeals Section 158 of the Judicial Code (28 U.S.C. § 158) generally governs bankruptcy appeals, but counsel must
Procedural Rules Applicable to Bankruptcy Appeals Section 158 of the Judicial Code (28 U.S.C. § 158) generally governs bankruptcy appeals, but counsel must also review: The Federal Rules of Bankruptcy Procedure. The Federal Rules of Appellate Procedure. The Official Bankruptcy Forms. The N.D. Cal. Local Civil Rules.
The Local Bankruptcy Rules and Local Bankruptcy Forms are adopted to govern the practice and procedure before the United States Bankruptcy Court for the Eastern District of Pennsylvania. (b) Short Title. These rules shall be cited and referred to as the Local Bankruptcy Rules ("L.B.R.") and the forms as th
Mar 02, 2021 · LOCAL RULES OF BANKRUPTCY PRACTICE LR 1001. TITLE AND SCOPE OF RULES. (a) Title. These are the Local Rules of Bankruptcy Practice of the United States Bankruptcy Court, District of Nevada. This part governs cases and proceedings before the United States Bankruptcy Court of this D
