MNB seal United States Bankruptcy Court
District of Minnesota
Clerk's Offices
Duluth Fergus Falls
Minneapolis St. Paul
 
 

Local Rules Part 1


PART I

COMMENCEMENT OF CASE; PETITION;
ORDER FOR RELIEF; DISMISSAL AND CONVERSION OF CASES  

 

  

RULE 1002-1. PETITION - GENERAL (PLACE OF FILING)

 

(a) CHAPTER 7 AND 13 CASES. A petition commencing a chapter 7 or 13 case shall be filed in the division listed below for the county designated in the petition as the county for the debtor's mailing address. If two cities are listed for a county, the petition may be filed in either division. The clerk may permit or direct the filing of a petition in a particular division if the debtor has an interest in property in several counties or is an affiliate of a debtor in a pending case, or for other good cause. The repeated filing of petitions in incorrect divisional offices will be referred to the judge assigned to an incorrectly filed petition and may result in the issuance of an order to show cause or sanctions.


County - Division Where Petition Is To Be Filed:

  

Aitkin - Duluth   

Isanti - Minneapolis   

Pipestone - St. Paul

Anoka - Minneapolis   

Itasca - Duluth   

Polk - Fergus Falls

Becker - Fergus Falls   

Jackson - St. Paul   

Pope - Fergus Falls

Beltrami - Fergus Falls   

Kanabec - Duluth or St. Paul   

Ramsey - St. Paul

Benton - Duluth or St. Paul   

Kandiyohi - Minneapolis   

Red Lake - Fergus Falls

Big Stone - Fergus Falls   

Kittson - Fergus Falls   

Redwood - St. Paul

Blue Earth - St. Paul   

Koochiching - Duluth   

Renville - Minneapolis

Brown - St. Paul   

Lac Qui Parle - St. Paul   

Rice - St. Paul

Carlton - Duluth   

Lake - Duluth   

Rock - St. Paul

Carver - Minneapolis   

Lake Of The Woods - Fergus Falls   

Roseau - Fergus Falls

Cass - Duluth   

LeSueur - St. Paul   

St. Louis - Duluth

Chippewa - Minneapolis   

Lincoln - St. Paul   

Scott - St. Paul

Chisago - St. Paul   

Lyon - St. Paul   

Sherburne - Minneapolis

Clay - Fergus Falls   

Mahnomen - Fergus Falls   

Sibley - St. Paul

Clearwater - Fergus Falls   

Marshall - Fergus Falls   

Stearns - Fergus Falls or Minneapolis

Cook - Duluth   

Martin - St. Paul   

Steele - St. Paul

Cottonwood - St. Paul   

McLeod - Minneapolis   

Stevens - Fergus Falls

Crow Wing - Duluth   

Meeker - Minneapolis   

Swift - Minneapolis

Dakota - St. Paul   

Mille Lacs - Duluth or St. Paul   

Todd - Fergus Falls

Dodge - St. Paul   

Morrison - Duluth or St. Paul   

Traverse - Fergus Falls

Douglas - Fergus Falls   

Mower - St. Paul   

Wabasha - St. Paul

Faribault - St. Paul   

Murray - St. Paul   

Wadena - Fergus Falls

Fillmore - St. Paul   

Nicollet - St. Paul   

Waseca - St. Paul

Freeborn - St. Paul   

Nobles - St. Paul   

Washington - St. Paul

Goodhue - St. Paul   

Norman - Fergus Falls   

Watonwan - St. Paul

Grant - Fergus Falls   

Otter Tail - Fergus Falls   

Wilkin - Fergus Falls

Hennepin - Minneapolis   

Olmsted - St. Paul   

Winona - St. Paul

Houston - St. Paul   

Pennington - Fergus Falls   

Wright - Minneapolis

Hubbard - Fergus Falls   

Pine - Duluth or St. Paul   

Yellow Medicine - St. Paul

                              


 (b) CHAPTER 11 AND 12 CASES. A petition commencing a chapter 11 or 12 case may be filed in any division of the clerk but will not be assigned to a judge or given a case number until after processing. After it is assigned to a judge under Local Rule 1073-1, the case shall be assigned to the appropriate division.



RULE 1005-1. PETITION - CAPTION


If the debtor is an individual, the petition shall state the debtor's full name (including nickname, if any), without further variations based solely on initials or deletions, and other clearly different names if any (such as an alias, trade name or former name) used by the debtor within six years before filing the petition. If applicable, the petition shall also include the identification of possible liability as a surety for another entity.



RULE 1006-1. FEES - INSTALLMENT PAYMENTS


(a) PAYABLE UPON COMMENCEMENT OF A CASE. Fees payable upon the commencement of a case shall be paid with cash, a money order, a cashier's check, a credit card of a law firm or of an attorney representing a client other than him - or herself and admitted to practice in the United States District Court for the District of Minnesota or treated as if so admitted under Local Rule 9010-3(c), or funds drawn on the account of any such attorney.


(b) INSTALLMENT PAYMENTS. If an individual applies for permission to pay such fees in installments, the individual shall pay one half of the filing fees at the time of filing the petition. If the court grants the application, the balance shall be paid within 30 days thereafter. If the balance is not paid within 30 days, or such later time as the court may fix by order entered prior to the expiration of the original deadline, an order dismissing the case will be entered immediately, without hearing and without further notice.


RULE 1007-1. LISTS, SCHEDULES, AND STATEMENTS


(a) STATEMENT OF COMPENSATION. . The statement of compensation shall conform substantially to Local Form 1007-1.


(b) SCHEDULE C: PROPERTY CLAIMED AS EXEMPT. The description of property in schedule C shall specifically identify the property, including the legal description if the property is real estate, for which exemption is claimed. This requirement shall not apply to clothing or household goods the value of which does not exceed $200 for any particular item.

RULE 1007-I.1 LISTS, SCHEDULES, STATEMENTS, AND OTHER DOCUMENTS; TIME LIMITS; EXPIRATION OF TEMPORARY MEANS TESTING EXCLUSION2

. . .

(b) SCHEDULES, STATEMENTS, AND OTHER DOCUMENTS REQUIRED.

. . .

(4) Unless either: (A)§ 707(b)(2)(D)(i) applies, or (B) § 707(b)(2)(D)(ii) applies and the exclusion from means testing granted therein extends beyond the period specified by Rule 1017(e), an individual debtor in a chapter 7 case shall file a statement of current monthly income prepared as prescribed by the appropriate Official Form, and, if the current monthly income exceeds the median family income for the applicable state and household size, the information, including calculations, required by § 707(b), prepared as prescribed by the appropriate Official Form.


(c) TIME LIMITS. In a voluntary case, the schedules, statements, and other documents required by subdivision (b)(1), (4), (5), and (6) shall be filed with the petition or within 14 days thereafter, except as otherwise provided in subdivisions (d), (e), (f), and (h), and (n) of this rule. In an involuntary case, the list in subdivision (a)(2), and the schedules, statements, and other Sec. II-A, Page 2 documents required by subdivision (b)(1) shall be filed by the debtor within 14 days of the entry of the order for relief. In a voluntary case, the documents required by paragraphs (A), (C), and (D) of subdivision (b)(3) shall be filed with the petition. Unless the court orders otherwise, a debtor who has filed a statement under subdivision (b)(3)(B), shall file the documents required by subdivision (b)(3)(A) within 14 days of the order for relief. In a chapter 7 case, the debtor shall file the statement required by subdivision (b)(7) within 60 days after the first date set for the meeting of creditors under § 341 of the Code, and in a chapter 11 or 13 case no later than the date when the last payment was made by the debtor as required by the plan or the filing of a motion for a discharge under § 1141(d)(5)(B) or § 1328(b) of the Code. The court may, at any time and in its discretion, enlarge the time to file the statement required by subdivision (b)(7). The debtor shall file the statement required by subdivision (b)(8) no earlier than the date of the last payment made under the plan or the date of the filing of a motion for a discharge under §§ 1141(d)(5)(B), 1228(b), or 1328(b) of the Code. Lists, schedules, statements, and other documents filed prior to the conversion of a case to another chapter shall be deemed filed in the converted case unless the court directs otherwise. Except as provided in § 1116(3), any extension of time to file schedules, statements, and Sec. II-A, Page 3 other documents required under this rule may be granted only on motion for cause shown and on notice to the United States trustee, any committee elected under § 705 or appointed under § 1102 of the Code, trustee, examiner, or other party as the court may direct. Notice of an extension shall be given to the United States trustee and to any committee, trustee, or other party as the court may direct.

. . .

(n) TIME LIMITS FOR, AND NOTICE TO, DEBTORS TEMPORARILY EXCLUDED FROM MEANS TESTING.


(1) An individual debtor who is temporarily excluded from means testing pursuant to § 707(b)(2)(D)(ii) of the Code shall file any statement and calculations required by subdivision (b)(4) no later than14 days after the expiration of the temporary exclusion if the expiration occurs within the time specified by Rule 1017(e) for filing a motion pursuant to § 707(b)(2).

(2) If the temporary exclusion from means testing under § 707(b)(2)(D)(ii) terminates due to the circumstances specified in subdivision (n)(1), and if the debtor has not previously filed a statement and calculations required by subdivision (b)(4), the clerk shall promptly notify the debtor that the required statement and calculations must be filed within the time specified in subdivision (n)(1).


1Interim Rule 1007-I has been adopted by the bankruptcy courts to implement the National Guard and Reservists Debt Relief Act of 2008, Public Law No. 110-438, as amended by Public Law No. 112-64. The amended Act, which provides a temporary exclusion from the application of the means test for certain members of the National Guard and reserve components of the Armed Forces, applies to bankruptcy cases commenced in the seven-year period beginning December 19, 2008.

2Incorporates (1) time amendments to Rule 1007 which took effect on December 1, 2009, (2) an amendment, effective December 1, 2010, which extended the time to file the statement of completion of a course in personal financial management in a chapter 7 case filed by an individual debtor, and (3) a conforming amendment, effective December 1, 2012, which removed an inconsistency created by the 2010 amendment.



RULE 1007-2. MAILING - LIST OR MATRIX


(a) MATRIX. The debtor shall file with the petition a list of creditors containing the names and addresses of the debtor, the debtor's attorney and all creditors in matrix form in accordance with the clerk's instructions.


(b) EQUITY SECURITY HOLDERS IN CHAPTER 11 CASES. Unless ordered otherwise, if there are more than 100 equity security holders in a chapter 11 case, the debtor shall not file a list of the debtor's equity security holders; otherwise the debtor shall file a list of the debtor's equity security holders and also add the names and addresses of such holders to the matrix in a separate section after the names and addresses of the creditors in accordance with the clerk's instructions.



RULE 1007-3. STATEMENT OF BUSINESS INCOME


In any chapter 13 case in which either debtor derives gross income of more than $200.00 per month from self employment or from a corporation as defined by 11 U. S. C. § 101 (9) in which the debtor is sole owner, the debtor shall file a separate statement of business income and expenses, in addition to the petition, schedules and statements required by Federal Rule of Bankruptcy Procedure 1009 and these rules. The statement of business income shall conform substantially to Local Form 1007-3.



RULE 1007-3-1. NOTICE OF RESPONSIBILITIES OF CHAPTER 7 AND 13 DEBTORS AND ATTORNEYS


In any chapter 7 or chapter 13 case in which the debtor is represented by an attorney, the debtor shall file with the petition a Notice of Responsibilities, including a scanned image of the signature page signed by the attorney and the debtor(s). The Notice of Responsibilities shall conform to Local Form 1007-3-1(7) in chapter 7 cases and Local Form 1007-3-1(13) in chapter 13 cases.



RULE 1007-4. FAILURE TO FILE DOCUMENT


(a) DISMISSAL. In a chapter 7 or 13 case, if any required exhibit, attachment, schedule, statement or list is not timely filed and no extension of time has been granted, the court may enter an order dismissing the case. In a chapter 11 or 12 case, if any required exhibit, attachment, schedule, statement or list is not timely filed, and no extension of time has been granted, the court will order a hearing to determine whether the case should be dismissed and sanctions imposed, and the clerk shall provide notice of the order to all known creditors and other parties interest.


(b) EXTENSION OF TIME TO FILE DOCUMENTS. An application for an order to extend the time for filing such documents shall be served on the trustee and the United States Trustee.



RULE 1008-1. DOCUMENTS ACCOMPANYING PETITION


(a) [ABROGATED]


(b) [ABROGATED]


(c) PROOF OF AUTHORITY. If the debtor is not an individual, the debtor shall attach to the petition a proof of authority to sign and file the petition conforming substantially to Local Form 1008-1.



RULE 1009-1. AMENDMENTS TO LISTS AND SCHEDULES


(a) DEBTOR'S IDENTIFICATION. At any time before the notice of the meeting of creditors has been transmitted, the clerk may direct the debtor to file an amendment to the petition on a form prescribed by the clerk so as to correct any clerical mistakes in the debtor's name, address, or identification number. If the debtor fails to comply, the clerk shall determine the title of the case. If an amendment to the petition is filed after the notice of the meeting of creditors has been transmitted, the clerk shall change the title of the case, including making any corrections to the debtor's name or social security number, and provide a notice of corrected case title to all creditors.


(b) FILING; SERVICE. All other amendments to petitions, exhibits, attachments, schedules, statements and lists shall be verified, contain the case caption and chapter number, and be served on the trustee and the United States Trustee. Notice of the case also shall be served on each creditor listed in any amendment to a schedule of creditors. A copy of any amended schedule A or B also shall be served on each entity that has filed a request for notice or notice of appearance under Federal Rule of Bankruptcy Procedure 2002(i) or 9010(b). A copy of any amended schedule C also shall be served on each entity listed in the matrix referred to in Local Rule 1007-2(a). A copy of any amended statement of intention also shall be served on each affected creditor. If the debtor fails to file a verification or to provide proof of service of an amended Schedule B-4 or C on each entity entitled to such service under this rule, the court will issue an order providing that the debtor's amended claim of exemption will have no effect until the debtor has complied with the verification and service requirements of this Rule and filed proof of such compliance with the clerk. The clerk shall not issue a Certificate Regarding Property Claimed as Exempt until the debtor has complied with the verification and service requirements of the Rule and the applicable period for objection has expired.


(c) FORM. An amendment to a schedule A, B, or C shall be labeled "Amended Schedule ___" and consist of a copy of the schedule to be amended with the changes shown thereon by underlined typewritten entries to show additions and lining out to show deletions, except an amendment solely to correct a legal description of real property which may instead conform to a form supplied by the clerk. An amendment to a schedule D, E, or F shall: 1) be labeled "Supplemental Schedule D-E-F"; 2) list alphabetically the names and addresses of the added or corrected creditors; 3) state whether priority is claimed or security is held by each creditor; 4) specify all other information for each creditor which would otherwise be applicable on the previous separate schedule filed in this case; and 5) be accompanied by a supplemental matrix. Other amendments shall be made by filing a new exhibit, attachment, schedule, statement or list, be labeled as amended and bear an appropriate caption, and verification shall be attached thereto. A matrix may not be amended under this rule.



RULE 1010-1. INVOLUNTARY CASES


(a) [ABROGATED]


(b) SERVICE. If the petitioners serve the summons and petition on the debtor by mail, the petitioners shall disclose to the court if the mailed copies were not delivered and returned by the post office by filing an affidavit to such effect.


Fed. R. Bankr. P. Reference 1003.



RULE 1014-1. TRANSFER OF CASES


When a case is transferred to this district, the case shall be filed with the appropriate clerk's office according to the current address or property location of the debtor or chapter of the case or as directed by the clerk. The clerk shall transmit notice of the transfer to the debtor, all creditors and other parties in interest.



RULE 1015-1. JOINT ADMINISTRATION/CONSOLIDATION


Unless ordered otherwise, the estates of the debtors in a joint case filed under §302 of the Code are consolidated for all purposes and shall be jointly administered.



RULE 1017-2. DISMISSAL OR CONVERSION OF CASES


(a) MOTION TO DISMISS OR CONVERT. Except as provided in Local Rules 1017-2(b) and 1019-1, a request for dismissal or conversion of a case shall be made by motion. A motion to dismiss or a motion to convert a case shall be deemed a motion either to dismiss or to convert, whichever is in the best interest of creditors and the estate. In a chapter 7, 11 or 12 case, Local Rules 2002-1 and 2002-4(a) govern preparation and transmission of the notice to creditors.


(b) APPLICATION TO DISMISS OR CONVERT. If a chapter 12 or 13 case was not converted previously, the debtor shall serve any application for dismissal on the trustee and United States Trustee.


Fed. R. Bankr. P. Reference 1019.


RULE 1019-1. CONVERSION OF CASES AND POST-CONVERSION REQUIREMENTS


(a) CONVERSION TO CHAPTER 7.


(1) From Chapter 12 or 13. The debtor may convert a chapter 12 or 13 case to a chapter 7 case at any time by filing a verified conversion adapted from Local Form 1019-1. The conversion shall be accompanied by the exhibits, attachments, schedules, statements and lists appropriate for a chapter 7 case, including the statement of current income and expenditures and statement of intention.


(2) From Chapter 11. If conversion is allowed under §1112(a) of the Code, the debtor may convert a chapter 11 case to a chapter 7 case by filing a verified conversion adapted from Local Form 1019-1. If the debtor is not an individual, proof of authority to sign and file the conversion shall be attached to the conversion. Within 14 days after the filing of the conversion, the debtor shall file a final report and account on the form prescribed by the clerk and a matrix for mailing purposes providing the names and addresses of any new unpaid creditors.


(b) CONVERSION TO CHAPTER 11 FROM CHAPTER 7. If conversion is allowed under §706(a) of the Code, the debtor may convert a chapter 7 case to a chapter 11 case by filing a verified conversion adapted from Local Form 1019-1. If the debtor is not an individual, proof of authority to sign and file the conversion shall be attached to the conversion. The list of creditors in matrix form, summary of business, proof of authority to file, list of twenty largest unsecured creditors, and attorney statement shall be filed within two days after the conversion.  All other documents shall be filed within 14 days after the conversion, unless filed before the case was converted or the court orders otherwise.


(c) CONVERSION TO CHAPTER 12 OR 13 FROM CHAPTER 7. If conversion is allowed under §706(a) of the Code, the debtor may convert a chapter 7 case to a chapter 12 or 13 case by filing a verified conversion adapted from Local Form 1019-1. The conversion shall be accompanied by the exhibits, attachments, schedules, statements and lists appropriate for a chapter 12 or 13 case.



RULE 1070-1. REFERENCE


All bankruptcy cases and proceedings, including any claim or cause of action that is removed under 28 U.S.C. §1452 or Federal Rule of Bankruptcy Procedure 9027, are referred to the bankruptcy judges and shall be assigned among them according to orders made by them. The bankruptcy judges are specially designated to conduct jury trials pursuant to 28 U.S.C. §157(e).


NOTE: This rule is promulgated by the district court. 



RULE 1073-1. ASSIGNMENT OF CASES


Each case shall be assigned to a judge by random allocation as determined by order of the judges. Unless otherwise ordered, the judge assigned to the case shall thereafter hear all matters and preside at all times in the case. All adversary proceedings arising in or related to the case shall be assigned to the same judge.