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

Local Rules Part 5


PART V

COURTS AND CLERKS  
 


RULE 5005-1. FILING DOCUMENTS - REQUIREMENTS

 

(a) ELECTRONIC FILING. Except as expressly provided and in exceptional circumstances preventing a Filing User from filing electronically, all documents required to be filed with the court in connection with any case or proceeding must be electronically filed.


(b) FILING DEFINED. Electronic transmission of a document to the Electronic Case Filing System consistent with these rules, together with the transmission of a Notice of Electronic Filing from the court, constitutes filing of the document for all purposes of the Federal Rules of Bankruptcy Procedure and the local rules of this court, and constitutes entry of the document on the docket kept by the clerk under Fed.R.Bankr.P. 5003. A document submitted electronically is deemed filed at the date and time stated on the Notice of Electronic Filing from the court or, in the case of documents submitted to the “Inbox” filing option, at the date and time the submission is received by the court. Filing must be completed before midnight local time where the court is located in order to be considered timely filed that day.

 

(c) RECEIPT OF DOCUMENTS NOT ELECTRONICALLY FILED. Documents properly submitted to the clerk other than through the Electronic Case Filing System are filed at the date and time received by the clerk.  



RULE 5010-1. REOPENING CASES
 

(a) REOPENING UNNECESSARY. Reopening a case is not necessary where the debtor or a creditor proposes:
 

(1) to request relief that could be granted on application if the case were reopened;
 

(2) to commence an adversary proceeding to determine the dischargeability of a debt under §523 of the Code or to enforce rights under §§524 or 525 of the Code; or
 

(3) to request that the clerk add the name and address of an omitted creditor to the matrix in a closed case, such addition having the effect of merely entitling the added creditor to receive notices if the case is reopened and notices issued but having no effect on the dischargeability of the debt.

 

(b) REOPENING NECESSARY. An entity which proposes to request any relief except as provided in paragraph (a) of this rule or to file any document shall obtain an order reopening the case before requesting such relief or filing such document.

 

(c) APPLICATION. A request to reopen a case shall be made by application. The application shall be served on the debtor, the United States Trustee and the trustee that served in the case. The court may rule on the application without a hearing.
 

(d) FILING FEE.
 

(1) Payment Required. Unless the fee may be waived or deferred, the applicant shall tender a filing fee to the clerk at the time the application to reopen is filed.
 

(2) Waiver. The filing fee may be waived where opening is requested in order to correct an administrative error by the court or the clerk.

 

(3) Deferral. If the applicant is the former trustee, the filing fee shall be deferred and shall be paid only from the estate and to the extent there is any value realized by the estate.

 
 
 

RULE 5011-1. WITHDRAWAL OF REFERENCE
 

A request for withdrawal of reference shall be made by motion filed with the clerk of the bankruptcy court. The motion shall show that relief by way of abstention, remand or transfer was first sought and not obtained or could not be sought from the bankruptcy court. Any other party in interest may serve and file a response within 14 days after service of the motion. The clerk shall transmit each document to the clerk of the district court who shall file and treat the documents as a civil action and deliver the documents to a district judge for disposition. A motion for a stay under Federal Rule of Bankruptcy Procedure 5011(c) shall first be made to the bankruptcy court. If such relief is later sought in the district court, the request shall be made by additional motion filed with the clerk of district court, which shall show that the relief requested was first sought and not obtained from the bankruptcy court. If withdrawal is ordered, the clerk shall transmit all documents in the relevant file and the docket to the clerk of district court who shall file and treat the documents as a civil action filed in the district court and assign the action to a district judge. These local rules shall continue to apply unless the district court orders otherwise.

 

NOTE: This rule is promulgated by the district court.


 

RULE 5011-3. TRANSFER OF PROCEEDING
 

(a) TRANSFER. On the judge's own initiative or on motion of a party in interest, the bankruptcy judge shall transfer to the district court: 1) any proceeding in which the court has determined that there is a right to trial by jury of the issues for which a jury trial has been timely demanded, and the parties have not consented to the bankruptcy judge conducting the jury trial; 2) any personal injury tort or wrongful death claim; and 3) any proceeding in which the court has determined that resolution of the proceeding requires consideration both of title 11 and other laws of the United States regulating organizations and activities affecting interstate commerce, and may transfer any non-core proceeding in which a party has not consented to entry of final orders by the bankruptcy court.
 

(b) FILE. Upon entry of an order for transfer of a proceeding, the clerk shall transmit the docket and all documents in the relevant file to the clerk of the district court who shall file and treat such documents as a civil action filed in the district court and assign the action to a district judge.
 

NOTE: This rule is promulgated by the district court.

 
INTERIM RULE 5012. COMMUNICATION AND COOPERATION WITH FOREIGN COURTS AND FOREIGN REPRESENTATIVES


Except for communications for scheduling and administrative purposes, the court in any case commenced by a foreign representative shall give at least 20 days’ notice of its intent to communicate with a foreign court or a foreign representative. The notice shall identify the subject of the anticipated communication and shall be given in the manner provided by Rule 2002(q). Any entity that wishes to participate in the communication shall notify the court of its intention not later than 5 days before the scheduled communication.

NOTE: This rule was among the Interim Rules adopted in connection with the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. Because this rule remains under study, it was not among the Interim Rules incorporated into the Federal Rules of Bankruptcy Procedure on December 1, 2008. It remains an Interim Local Rule of this court.


RULE 5071-1. SCHEDULING; CONTINUANCE
 

A calendar for all trials and hearings shall be maintained for and as determined by each judge. The party seeking a hearing shall arrange dates for all hearings with the calendar clerk for the judge assigned the case or proceeding, or as otherwise provided by the judge. Continuances may be granted only by the court and ordinarily will not be granted prior to the hearing if all creditors have received notice of the hearing. If a continuance is granted before the hearing, the party requesting the continuance shall notify each entity receiving notice of the hearing of such continuance and the date for the rescheduled hearing.


 

RULE 5095-1.  REGISTRY FUND DEPOSIT OF FUNDS; WITHDRAWAL
 

(a) DEPOSIT OF FUNDS. Unless ordered otherwise or governed by Local Rule 7067-1, all monies coming into the registry of the court shall be deposited under 28 U.S.C. §2041 with the Treasurer of the United States without interest subject to withdrawal by order of the court pursuant to 28 U.S.C. §2042. If the court orders otherwise, counsel shall prepare a proposed order designating the depository, identifying the tax identification number of the entity responsible for any interest earned, and specifying all applicable terms of the deposit, stating that the parties assume all risks if any of the deposit, and providing that the parties, and not the clerk, are responsible for interest rates or renewal dates and all subsequent orders which may be necessary or appropriate. A deposit fee shall be collected by the clerk pursuant to the Judicial Conference Schedule of Fees.
 

(b) WITHDRAWAL OF UNCLAIMED DIVIDENDS. Withdrawal under 28 U.S.C. §2042 of funds deposited under §347 of the Code by any entity other than the original claimant or its successor is governed by Federal Rule of Bankruptcy Procedure 3001(e). For such purposes, the alleged transferee shall include the current name and address of the original claimant with the evidence of the transfer filed by the transferee. The clerk shall provide notice to the transferee and to the original claimant.