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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 eight 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.

(c) CERTIFICATE OF DEBTOR EDUCATION. Unless an approved provider of a course on personal financial management has filed the Certificate of Debtor Education, the debtor shall file the Certificate with the court within the time limits prescribed in Federal Rule of Bankruptcy Procedure 1007(c).  The debtor need not file Official Form 423 with the Certificate.

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

(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), (h), and (n) of this rule. In an involuntary case, the list in subdivision (a)(2), and the schedules, statements, and other 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 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 11-year period beginning December 19, 2008.

 

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 and supplemental matrix containing the names and addresses of the debtor's equity security holders.

(c) HEALTH CARE REGULATORS.

    (1) If a petition in a case under chapter 7, chapter 9, or chapter 11 states that the debtor is a health care business, the debtor shall file, within 14 days of the filing of the petition, a list and supplemental matrix containing the names and addresses of all entities that issue licenses to or regulate the debtor or the debtor’s principal.

    (2) If the court determines that the debtor is a health care business, such list and supplemental matrix shall be filed within 14 days of the date of entry of the court’s order.

 

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 Their 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 Documents

(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/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 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 or E/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, if applicable, the chapter 7 statement of your current monthly income (Official Form 122A-1) and chapter 7 means test calculation (Official Form 122A-2), and statement of intention.  The schedules shall list all property of the estate as of the date of the petition that remains in the possession of or is under the control of the debtor on the date of conversion.

    (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 and list of creditors with the twenty largest unsecured claims (Official Form 104 or 204) 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.

Rule 2002-1. Notice to Creditors & Other Interested Parties (Entities Served With Rule 2002 Notices)

(a) CHAPTER 7, 12 AND 13 CASES. Except as provided in Local Rules 2016-1 and 6004-1, all notices under Federal Rule of Bankruptcy Procedure 2002 in a chapter 7, 12 or 13 case shall be transmitted to each entity listed in the matrix referred to in Local Rule 1007-2.

(b) CHAPTER 11 CASES.

    (1) [ABROGATED]

    (2) Limited and General Notice. Unless ordered otherwise, all notices under Federal Rule of Bankruptcy Procedure 2002(a)(2), (a)(3) and (a)(7), except a notice of a proposed sale of all or substantially all the debtor's assets, shall be served only on each entity listed in the service list. The United States Trustee or any other party in interest may request by application an order expanding such notice to include all creditors. All other notices to creditors under Federal Rule of Bankruptcy Procedure 2002 shall be served on each entity listed in the matrix referred to in Local Rule 1007-2 and on each additional entity listed in the service list.

    (3) Notice to Equity Security Holders. All notices under Federal Rule of Bankruptcy Procedure 2002(d) shall be mailed to each equity security holder.

(c) NO ADDRESS; UNDELIVERED NOTICES. Neither the clerk, the debtor nor the moving party need provide notice to any entity listed with no address or "address unknown" in the matrix referred to in Local Rule 1007-2. If a notice of the meeting of creditors is returned to the clerk as undelivered, the clerk shall notify the attorney for the debtor.

(d) OMITTED CREDITORS; CORRECTED ADDRESSES.

             (i)        After transmission by the clerk of the notice of the meeting of creditors, the debtor shall serve a copy of the notice of the meeting of creditors on any entity not listed at the time on the matrix referred to in Local Rule 1007-2, and shall add those creditors to the matrix.

             (ii)        The debtor or a creditor or its authorized agent may add the name and address of an omitted  creditor, an authorized agent for a creditor, or a new or corrected name or address for any creditor to the matrix.

Rule 2002-4. Preparation, Service and Form of Rule 2002 Notices

(a) NOTICES PREPARED BY MOVING PARTY. Except as provided otherwise in this rule, an entity moving for relief which requires notice under Federal Rule of Bankruptcy Procedure 2002 shall serve the notice and file proof of such service.

(b) NOTICES PREPARED BY CLERK. Except as provided in paragraph (f) of this rule, the clerk shall prepare and mail notices of: 1) the order for relief and the meeting of creditors; 2) a hearing on the approval of a disclosure statement; 3) a hearing on confirmation of a chapter 12 or 13 plan; 4) confirmation of a chapter 11 or 12 plan; 5) revocation of confirmation of a plan; 6) a hearing on a motion for hardship discharge in a chapter 12 or 13 case; 7) the debtor's discharge; 8) denial or revocation of the debtor's discharge; and 9) dismissal or conversion of a case.

(c) NOTICES PREPARED BY TRUSTEE.

    (1) Disposition of Property. Except as provided in Local Rules 6004-1(b), 6007-1, and 9019-1, the trustee in a chapter 7 asset case shall prepare and serve a notice of sale, abandonment or other disposition of property or compromise or settlement of a controversy, which shall conform substantially to Local Form 6004-1(a).

    (2) Final Report and Account. The trustee in a chapter 7 case shall prepare and serve the notice of the trustee's final report and account.

(d) NOTICES PREPARED BY DEBTOR IN POSSESSION. In a chapter 11 case, if the debtor in possession does not file a list of equity security holders, the debtor in possession shall prepare and serve any notice required under Federal Rule of Bankruptcy Procedure 2002(d) and file proof of such service. The proof of service shall not include a list of the equity security holders, but shall state the total number of such holders and identify the person who made the mailing and the custodian of the records containing the names and addresses of such holders. The notice of the order for relief shall conform substantially to Local Form 2002-4(d).

(e) NOTICES PREPARED BY PARTY REQUESTING EXPANDED NOTICE. If the court in a chapter 11 case grants an application under Local Rule 2002-1(b)(2) for expanded notice, the applicant or the moving party shall prepare and serve the new notice.

(f) EXCEPTIONS. The clerk may instruct the debtor or the moving party to mail any notice.

Rule 2002-5. Request for Notice; Notice of Appearance

(a) ONE ATTORNEY PER NOTICE. A separate request for notice or notice of appearance must be filed for each attorney seeking electronic notice. A single request for notice or notice of appearance that identifies multiple attorneys will result in only the attorney first identified receiving notice.

(b) OTHER ATTORNEYS

    (1) If an attorney who is not admitted to practice in the district court wishes to receive electronic notice, the attorney must register as a Filing User of the court's Electronic Case Filing System in accordance with Local Rule 9010-3(h).

    (2)The filing of a request for notice or notice of appearance by an attorney who is not admitted to practice in the district court does not require the filing of a petition for admission pro hac vice. [Attorney admission is governed by Local Rule 9010-3(a) and (c).]

(c) ATTORNEYS AND ENTITIES THAT ARE NON-FILING USERS. A request for notice or notice of appearance that is filed by an attorney or entity who is a non-Filing User will result in notice by regular mail only.

(d) WITHDRAWAL. Any entity wishing to withdraw its request for notice or notice of appearance shall file and serve a notice of withdrawal that complies substantially with Local Form 2002-5. Such notice of withdrawal shall be served on all entities listed in Local Rule 9013-3(a).

Fed. R. Bankr. P. Reference 9010.

Rule 2003-1. Meeting of Creditors

In a chapter 7, 12 or 13 case, for purposes of Federal Rule of Bankruptcy Procedure 4003(b), the meeting of creditors shall be deemed concluded on the first date set for such meeting, unless 1) the trustee files a statement specifying the date and time to which the meeting is adjourned or 2) if no meeting is convened within 28 days after the first date set for such meeting, the trustee files a notice of nonconcluded meeting of creditors and serves such notice on the debtor, the attorney for the debtor, the United States Trustee, each entity that appeared at the meeting of creditors, and each entity that has filed a request for notice or notice of appearance under Federal Rule of Bankruptcy Procedure 2002(i) or 9010(b). If a statement regarding adjournment or notice of nonconcluded meeting is filed, and unless ordered otherwise, the meeting shall not be deemed concluded until a report is filed by the trustee stating that the meeting has been concluded.

Rule 2004-1. [ABROGATED]

Rule 2004-2. [ABROGATED]

Rule 2014-1. Employment of Professional Persons

(a) APPLICATION FOR APPROVAL. Any entity seeking approval of employment of a professional person pursuant to § 327 or § 1103(a) of the Code and Federal Rule of Bankruptcy Procedure 2014 shall file an application, a supporting affidavit or verified statement of the professional person, and a proposed order and serve the same on the United States Trustee, the trustee or examiner, all committees, and in a chapter 11, 12 or 13 case on the debtor's attorney.

(b) APPROVAL. Within seven days after receipt of the application, the United States Trustee shall file a report and recommendation regarding the proposed employment. If the United States Trustee declines to recommend the employment of the applicant, the United States Trustee shall notify the applicant and the applicant shall schedule a hearing on the application and serve notice of the hearing on the parties listed in subsection (a) of this rule. An order approving such employment is effective as of the date the application was filed.

(c) SCOPE OF EMPLOYMENT. An entity seeking approval of employment of a professional person for a purpose other than carrying out the entity's duties under the Code shall make a separate application, specifying the professional’s proposed duties.

Rule 2015-1. Trustee's Report in Chapter 12 and 13 Cases

Upon being served with a copy of a motion to dismiss or convert a case, to remove a debtor as debtor in possession, or for relief from the automatic stay, the trustee in a chapter 12 or 13 case shall serve on all parties in interest and file a brief verified report containing information on the payments made by the debtor to the trustee and timeliness thereof, the payments made by the trustee to each secured creditor and to creditors in general, and the trustee's recommendations, if any, to the court.

Rule 2015.1-1. Patient Care Ombudsman's Report

In addition to the notice required under Federal Rule of Bankruptcy Procedure 2015.1(a), notice of the patient care ombudsman’s report shall be served on each entity that issues licenses to or regulates the debtor or the debtor’s principal.

Rule 2016-1. Compensation of Professional Persons

(a) CHAPTER 7 CASES. A professional person seeking compensation in a chapter 7 case shall file an application complying with paragraph (c) of this rule and serve copies on the trustee and the United States Trustee. The application shall be reviewed as part of the trustee's interim or final report and account.

(b) CHAPTER 11, 12 AND 13 CASES. Except as provided in paragraph (d) of this rule, a request for an order allowing or authorizing payment of compensation of a professional person in a chapter 11, 12 or 13 case shall be made by motion, but no memorandum of facts and law is required. The application shall comply with paragraph (c) of this rule. The moving documents shall be served not later than 21 days before the hearing date.

(c) CONTENTS OF APPLICATIONS. Except as provided in paragraph (d) of this rule, an application for compensation of a professional person shall

    (1) Include a copy of the order, if any, approving the applicant's employment or, if the applicant is a trustee or an examiner in a chapter 11 case, a copy of the applicant's appointment by the United States Trustee;

    (2) State the date and amount of any retainer paid to the applicant and its source;

    (3) State the dates and amounts of all previous applications and their dispositions, including amounts allowed and paid;

    (4) State the date that a plan, if any, was confirmed;

    (5) Itemize all unpaid administrative expenses known to the applicant or the applicant's client;

    (6) State in narrative form the services performed, the amount of time involved, the results achieved and the amount requested for fees and reimbursement of expenses;

    (7) Include an itemization of time separated by task or proceeding stating for each task or proceeding:

        (i) A description of the task or proceeding;

        (ii) A detailed list and description of each increment of time expended on the task or proceeding; and

        (iii) The name and capacity of the person who expended the time;

    (8) State the hourly rate being charged for each person whose time is included in the application; and

    (9) Provide a detailed itemization of all expenses, including unit costs where applicable.

(d) DEBTORS' ATTORNEYS IN CHAPTER 13 CASES.

    (1) Preconfirmation Services.

(i) A debtor's attorney in a chapter 13 case may request an order allowing or authorizing payment of compensation by simplified application, and the court may issue the requested order without a hearing, provided that the amount of compensation does not exceed $3,0001 for cases below the applicable median family income and $3,5002 for cases at or above the applicable median family income, as determined on Official Form 122C-1. The simplified application need not comply with Federal Rule of Bankruptcy Procedure 2016 or paragraph (c) of this rule and shall conform substantially to Local Form 2016-1.

(ii) A debtor’s attorney in a chapter 13 case who represents the debtor in a motion to value claim brought pursuant to Local Rule 3012-1 may request an order allowing or authorizing payment of compensation by simplified application, and the court may issue the requested order without a hearing, provided that the amount of compensation does not exceed $4,000 for that motion. The simplified application need not comply with F.R.Bankr. P. 2016 or paragraph (c) of this rule and shall conform substantially to Local Form 2016-1.

    (2) Postconfirmation Services. In a chapter 13 case, an attorney who represents a debtor after confirmation of a plan in resolving motions for relief from stay and motions for dismissal, filing motions for sale of real estate and motions objecting to claims, preparing, assisting the debtor in preparing and submitting required disclosures under 11 U.S.C. § 521(f)(4), or assisting the debtor in responding to requests for information made in connection with an audit conducted pursuant to 28 U.S.C. § 586(f) may request an order awarding compensation and/or reimbursement of expenses by simplified application, and the court may issue the requested order without a hearing, if the amount of the requested compensation does not exceed $500.3 per application. An attorney who represents a debtor after confirmation of a plan in serving and filing a modified plan may likewise request an order awarding compensation and/or reimbursement of expenses by simplified application if the amount of the requested compensation does not exceed $750.4 per application. The simplified application need not comply with F.R.Bankr.P. 2016 or paragraph (c) of this rule and shall conform substantially to Local Form 2016-1. No more than five applications may be filed under this subdivision in a case, except that applications for services rendered pursuant to 11 U.S.C. § 521(f) will not be counted toward this limit. Any order made under this rule is subject to review at any time.

    (3) Notwithstanding F.R.Bankr. P. 2002(a)(6), notice of applications filed in compliance with this subdivision (d) need not be given.

(e) COMPENSATION OF BANKRUPTCY PETITION PREPARERS.

    (1) A bankruptcy petition preparer must complete, sign and cause to be filed with the petition the bankruptcy petition preparer’s notice, declaration, and signature (Official Form 119) and disclosure of compensation of bankruptcy petition preparer (Director’s Form 2800).

    (2) A bankruptcy petition preparer’s compensation in a Chapter 7 or Chapter 13 case is limited to $90.00, unless additional compensation is authorized under paragraph (3) of this rule.

    (3) Any bankruptcy petition preparer paid more than $90.00 in any individual case must file a motion for an order authorizing such fee. No memorandum of facts and law is required. The motion must comply with paragraph (c) of this rule and shall be filed not later than 21 days before the hearing date.

    (4) Any bankruptcy petition preparer paid more than $90 without court approval, or who fails to comply with any requirements of the Bankruptcy Code or national or local rules, including but not limited to 11 U.S.C. § 110 and paragraph (c) of this rule, is subject to sanctions, including disgorgement of compensation, under 11 U.S.C. §110.

    (5) The Clerk must provide a copy of this paragraph (e) to each pro se debtor within ten days after the filing of such debtor’s petition.

 

1 This amount applies only to cases filed on and after May 1, 2015.  For cases filed before May 1, 2015, this amount is $2,500.

2 This amount applies only to cases filed on and after May 1, 2015.  For cases filed before May 1, 2015, this amount is $3,000.

3 This amount applies only to cases filed on and after May 1, 2015.  For cases filed before May 1, 2015, this amount is $300. 

4 This amount applies only to cases filed on and after May 1, 2015.  For cases filed before May 1, 2015, this amount is $500.

Rule 2019-1. Service and Filing of Fed. R. Bankr. Pro. 2019 Statements

(a) IN CONNECTION WITH APPEARANCE. An entity required to file a verified or supplemental statement under Federal Rule of Bankruptcy Procedure 2019 and who intends to take a position before the court shall serve and file such verified or supplemental statement in accordance with Local Rule 9013-3(a) for service of moving documents. If the entity required to file the verified or supplemental statement is moving the court for relief, such verified or supplemental statement shall be served and filed no later than the service and filing of such entity's moving documents in accordance with Local Rule 9006-1(b). If the entity is filing responsive documents or wishes to be heard at the hearing, if any, on moving documents, the entity shall file and serve the verified or supplemental statement no later than the time for service and filing of responsive documents under Local Rule 9006-1(c), unless expedited relief is sought. In the case of expedited relief, the verified or supplemental statement shall be served and filed no later than the start of the hearing.

(b) IN CONNECTION WITH BALLOT SOLICITATION. An entity required to file a verified or supplemental statement under Federal Rule of Bankruptcy Procedure 2019 and who intends to solicit votes regarding confirmation of a plan shall file and serve the verified or supplemental statement no later than the date of the entry of the order approving the disclosure statement. Such verified or supplemental statement shall be served and filed in accordance with Local Rule 9013-3(a) for service of moving documents.

Rule 2020-1. United States Trustee

(a) SERVICE. Proofs of claim, and pleadings filed in adversary proceedings arising under §523 of the Code, shall not be served on the United States Trustee. The United States Trustee shall be served with a copy of every other order, complaint, application, motion, response, notice, objection, pleading or other paper required to be served under applicable bankruptcy and local rules.

(b) REPORTS; INFORMATION. The trustee and the debtor shall comply with all reasonable requirements promulgated by the United States Trustee with respect to filing reports and furnishing information and the debtor shall cooperate with the trustee and the United States Trustee in furnishing information reasonably required for the proper administration of the estate. Such reports and information shall not be filed with the clerk.

Rule 3002-1. Filing Proofs of Claims

(a) [ABROGATED]

(b) [ABROGATED]

(c) TIMELINESS OF PROOFS OF CLAIMS. In a Chapter 11 case, the last day to timely file a proof of claim is fixed at 90 days after the date first set for the meeting of creditors.

Fed. R. Bankr. P. Reference 3003.

Rule 3002-2. Administrative Expense Claims

(a) CHAPTER 7 CASES. In a chapter 7 case, an entity, except a professional person governed by Local Rule 2016-1, requesting payment of an administrative expense shall file a request for payment asserting priority status and serve copies on the trustee and the United States Trustee. If the request is made under §§503(b)(4) or (b)(5) of the Code, the entity shall also file an application and serve copies on the trustee and the United States Trustee.

(b) CHAPTER 11, 12 AND 13 CASES. In a chapter 11, 12 or 13 case, a request for payment of an administrative expense shall be made by motion.

(c) CONVERSION TO CHAPTER 7. Holders of administrative expense claims incurred after the commencement of a case under Chapters 11, 12 and 13, but before conversion to a case under Chapter 7, shall, after conversion, file a request for payment and serve the same upon the trustee within the time fixed by the court. The request for payment shall conform substantially to Local Form 3002-2(c).

Rule 3002-3. Proofs of Interest

Unless ordered otherwise, if the debtor is a corporation or limited partnership, a proof of interest shall not be filed by a shareholder, limited partner or other equity security holder of the debtor.

Fed. R. Bankr. P. Reference 3003.

Rule 3007-1. Claims - Objections

An entity objecting to a claim shall file and serve a motion on the claimant, the debtor, the debtor's attorney, the trustee or examiner, the United States Trustee, and all committees not less than 30 days before the hearing. If the objector intends to assert a counterclaim against the claimant, the objector shall file and serve a complaint for such relief under Federal Rule of Bankruptcy Procedure 7001 and shall include the objection to the claim in the complaint.

Rule 3009-1. Dividends - Chapter 7 Cases

(a) [ABROGATED]

(b) DISTRIBUTION PURSUANT TO FINAL REPORT AND ACCOUNT.

    (1) Generally. If there are no timely objections to the trustee's final report and account, the trustee shall make distributions in accordance with the report, except for compensation and reimbursement of expenses under §§ 503(b)(2), (b)(4) or (b)(5) which shall be made only to the extent allowed and awarded by the court.

    (2) Distributions in Minimal Asset Cases. If the net proceeds realized do not exceed $1500 after payment of administrative expenses, the trustee shall make distribution for expenses and claims without notice, subject to the limitations in subparagraph (1) of this paragraph regarding payment of compensation and reimbursement of expenses.

    (3) Discovery of Additional Assets. If additional funds are realized for the estate after final distribution has been made, whether or not the case has been closed, the trustee shall file a trustee's supplemental final report and account, and make payment on unpaid expenses and claims without further notice.

Rule 3010-1. Small Dividends - (Chapter 13 Cases)

Pursuant to Federal Rule of Bankruptcy Procedure 3010(b), the trustee in a chapter 13 case may make payments of less than $15.

Rule 3011-1. Unclaimed Dividends

(a) [ABROGATED]

(b) UNCLAIMED DIVIDENDS IN EXCESS OF $500. A trustee shall not pay a dividend which exceeds $500 into the court unless such payment is accompanied by a report from the trustee stating that the trustee has been unable to locate the creditor who filed the claim despite having made reasonable efforts to do so.

Rule 3012-1. Valuation of Secured Claim on Principal Residence

(a) MOTION TO VALUE CLAIM. A Chapter 13 debtor seeking to modify a claim that is secured only by a security interest in real property that is the debtor's principal residence must provide for that modification in the plan and must bring a motion to determine the value of the secured claim.

    (1) Content of Motion. The motion must state, as of the commencement of the case, except as provided in subsections A and G:

        (A) The name of the creditor holding the claim, determined no more than 30 days before the hearing originally scheduled on the motion, in the title of the motion;

        (B) The motion is to determine the secured status of the creditor's claim for the purpose of confirmation of the debtor's plan;

        (C) The appraised value of the property;

        (D) The debtor's plan proposes to treat the creditor's claim as unsecured in its entirety;

        (E) The address and legal description of the property;

        (F) The balance of the debt owing to the creditor; and

        (G) The name of each entity holding a lien against the property and any related lender and servicer, the amount of debt owing with respect to each lien, and the priority of each such lien.  Such entities shall be determined no more than 30 days before the hearing originally scheduled on the motion. 

    (2) Attachments. In addition to the documents required by Local Rule 9013-2(a), the motion must include the following attachments:

        (A) Copies of all recorded lien instruments, including all recorded assignments and amendments, evidencing the lien which is the subject of the motion;

        (B) An abstract or Owners and Encumbrance report, or any supplement, certified no more than 30 days before the hearing originally scheduled on the motion, to verify each entity holding a lien against the property;

        (C) A copy of the debtor's plan; and

        (D) An appraisal of the fair market value of the property as of the commencement of the Chapter 13 case.

    (3) Service.

        (A) The motion must be served in compliance with Fed. R. Bankr. P. 9014(b) on all parties identified in Local Rule 9013-3(a)(1) and all entities identified in paragraph (a)(1)(G) of this rule.

        (B) The proof of service must indicate how the identity and address were determined for each recipient of service.

        (C) Any amended motion must be served on all parties served with the original motion and on any other entity that holds an interest in the property at the time the amended motion is filed.

    (4) Timing. The hearing on the motion to value claim must be scheduled to be held contemporaneously with the hearing on confirmation of the debtor's plan. The court may schedule an evidentiary hearing.

    (5) Order. The order will determine the secured status of the creditor's claim pursuant to 11 U.S.C. § 506.

(b) MOTION FOR RELEASE OF LIEN. If the court determines that the creditor's claim is unsecured in its entirety, the debtor may bring a motion for release of the lien after the debtor's completion of payments under the plan.

    (1) Content of Motion. The motion must state:

        (A) The date of confirmation of the debtor's chapter 13 plan;

        (B) The legal description of the property;

        (C) The date of the order determining the claim was unsecured;

        (D) The date the debtor completed payments under the plan;

    (2) Attachments. In addition to the documents required by Local Rule 9013-2(a), the motion must include the following attachments:

        (A) Copies of all recorded lien instruments, including all recorded assignments and amendments, evidencing the lien which is the subject of the motion;

        (B) An abstract or Owners and Encumbrance report, or any supplement, certified no more than 30 days before the hearing originally scheduled on the motion, to verify each entity holding a lien against the property;

        (C) A copy of the debtor's confirmed plan; and

        (D) A copy of the order determining the claim was unsecured.

    (3) Proposed Order. The motion must include a proposed order substantially in the form of Local Form 3012-1(b)

    (4) Service. The motion must be served in accordance with paragraph (a)(3) of this rule. 

Rule 3015-1. Chapters 12 and 13 - Plans

(a) A chapter 13 plan shall conform to Local Form 3015-1. The plan shall be dated and signed by the debtor in accordance with Local Rule 9011-4(d).

(b) The clerk shall transmit the plan in a chapter 12 or 13 case to the appropriate parties.

Rule 3015-2. Chapter 13 - Modification of Plans

(a) MODIFICATION BEFORE CONFIRMATION. The debtor in a chapter 13 case may file a modified plan anytime before confirmation. The plan shall conform to Local Form 3015-1 except that it shall be labeled "Modified Plan." The debtor shall serve notice of the modification together with the modified plan on the trustee, the United States Trustee, and each creditor whose treatment is adversely changed by the modification and who has not accepted the change in writing. The notice shall be delivered not later than seven days or mailed not later than ten days before the confirmation hearing. The notice shall indicate the date, time and place of the confirmation hearing. Notwithstanding the provisions of Local Rule 3015-3, any objection to a modified plan filed preconfirmation shall be delivered not later than 24 hours prior to the time and date set for the confirmation hearing or mailed not later than three days prior to the date set for the confirmation hearing.

(b) POSTCONFIRMATION MODIFICATION. A motion for postconfirmation modification shall be filed and served no later than twenty-eight days prior to the date of the scheduled hearing. Any response shall be filed and served no later than five days prior to the scheduled hearing.  Any motion seeking a reduction of the debtor’s chapter 13 plan payment shall include a verified statement of the debtor’s current income and expenditures, using the format of Schedules I and J, and Schedule J-2, if applicable.

Fed. R. Bankr. P. Reference 3019.

Rule 3015-3. Chapters 12 and 13 - Confirmation (Objections)

Local Rules 3020-1 and 3020-3 apply to objections to confirmation of a Chapter 12 or 13 plan.

Rule 3016-1. Chapter 11 - Plan (Signature).

Every proposed disclosure statement, approved disclosure statement, and plan shall be dated and signed by the proponent in accordance with Local Rule 9011-4(d).

Fed. R. Bankr. P. Reference 3015.

Rule 3017-1. Disclosure Statement - Approval

(a) SERVICE OF PROPOSED DISCLOSURE STATEMENTS AND PLANS. Within seven days after a plan and proposed disclosure statement have been filed in a chapter 11 case, the proponent shall serve both documents on all entities specified in Local Rule 9013-3(a)(2) and file proof of such service.

(b) SERVICE OF APPROVED DISCLOSURE STATEMENTS AND PLANS. Unless ordered otherwise, in a chapter 11 case the proponent shall serve the following documents on all creditors, equity security holders and other parties in interest as provided in Local Rule 2002-1(b) and file proof of such service: 1) the order for a confirmation hearing; 2) the approved disclosure statement; 3) the plan; and 4) the approved official form ballot.

(c) OBJECTIONS TO DISCLOSURE STATEMENTS. Local Rule 3020-1 applies to objections to proposed disclosure statements.

Fed. R. Bankr. P. Reference 3020.

Rule 3017.1-1. Small Business Debtor Disclosure Statement-Conditional and Final Approval.

(a) FILING OF APPLICATION, PLAN AND PROPOSED DISCLOSURE STATEMENT. If the debtor has elected treatment as a small business, the proponent of the plan shall file a plan and proposed disclosure statement together with an application requesting conditional approval of the disclosure statement within the time period specified in §1121(e) of the Code. The plan and proposed disclosure statement, together with the application, shall be served on the debtor, the United States Trustee and, if one has been appointed, on the committee of unsecured creditors.

(b) REVIEW AND COMMENT BY UNITED STATES TRUSTEE. The United States Trustee and any Committee shall serve and file objections, if any, to the terms of the proposed disclosure statement within seven days of service of the proposed disclosure statement and plan on the United States Trustee or Committee. If no timely objections are served and filed, then the court may enter an order conditionally approving the disclosure statement. If objections are timely filed, the court may schedule a hearing on the objections or may enter an order granting or denying conditional approval of the disclosure statement without a hearing.

(c) SERVICE OF PLANS AND CONDITIONALLY APPROVED DISCLOSURE STATEMENTS. If the court conditionally approves the disclosure statement and unless the court orders otherwise, the proponent shall serve the plan and conditionally approved disclosure statement, an approved ballot to accept or reject the plan, and the order conditionally approving the disclosure statement on all creditors, equity security holders, and other parties in interest as provided in Local Rule 2002-1(b), and file proof of such service with the clerk.

(d) OBJECTIONS TO DISCLOSURE STATEMENTS. Local Rule 3020-1 applies to objections to conditionally approved disclosure statements and objections to confirmation of the plan filed in a case where the debtor has elected treatment as a small business

Rule 3019-1. Chapters 11 and 12 - Preconfirmation Modification

The proponent of a plan in a chapter 11 or 12 case may file a modified plan anytime before confirmation. Federal Rule of Bankruptcy Procedure 3019 governs acceptances of modified plans.

Rule 3019-2. Chapter 11 - Postconfirmation Modification

A request to confirm a modified plan after confirmation shall be made by motion. The movant shall serve the motion on each entity listed in the matrix referred to in Local Rule 1007-2.

Rule 3020-1. Chapter 11 - Confirmation (Objections)

(a) FORM. Local Rule 9013-2(b)-(e) applies to objections to confirmation of chapter 11 plans.

(b) SERVICE. Unless ordered otherwise, the objector shall serve the objection on 1) the attorney for the proponent; 2) the attorney for the debtor; 3) the trustee or examiner; 4) the attorneys for all committees; and 5) the United States Trustee.

(c) TIME FOR SERVICE AND FILING. The objection shall be delivered not later than seven days or mailed not later than ten days before the hearing date.

Fed. R. Bankr. P. Reference 3017.

Rule 3020-2. Chapter 11 - Confirmation (Reports on Balloting)

In a chapter 11 case, the attorneys for the proponent and the committee of unsecured creditors shall count the ballots and file a report of the tabulation not later than 24 hours before the confirmation hearing. The report shall conform substantially to Local Form 3020-2.

Fed. R. Bankr. P. Reference 3018.

Rule 3020-3. Chapter 11 - Confirmation (Hearings)

In the event an objection to confirmation is filed, the court may treat the date set for hearing on confirmation as either a preliminary or final hearing.

Rule 3021-1. Adequate Protection Payments in Chapter 13 Cases

(a) PAYMENTS THROUGH THE TRUSTEE. In a chapter 13 case, adequate protection payments shall be paid through the trustee, unless the plan provides that such payments shall be paid by the debtor directly to the creditor.

(b) [ABROGATED]

Rule 4001-1. Motions for Relief From Stay

(a) GOVERNING RULES. Motions for relief from the automatic stay are governed by Local Rule 9013-1 and 9013 -2.

(b) REQUIRED INFORMATION. In all motions under 11 U.S.C. § 362 (d)(1) or (d)(2) in any chapter 7, 11, 12 or 13 case, the moving party seeking relief from stay with respect to an individual debtor’s principal residence shall include a separate verification by a person with personal knowledge of the facts, which shall provide the following information:

     (1) Evidence of standing. Evidence that the moving party has standing to bring the motion, including, at a minimum, a) a copy of the note , b) a copy of the mortgage; c) evidence of perfection of the mortgage; and d) if the movant is not the original mortgagee, evidence that the movant has authority to make the motion.

     (2) Description of property. The legal description and any street address, including zip code, of the property.

     (3) Value. The current tax-assessed value of the property and the movant’s estimated current market value.

     (4) Loan History. If the motion alleges a default in making payments to the movant, a complete loan history, indicating all advances made to or charges of any kind made against the debtor beginning on the date of the default applicable to this motion, up to the date the motion is verified. The loan history shall be provided on Local Form 4001-1.

     (5) Equity. If the amount of equity is at issue, the name of all other lien holders, the amounts due, as scheduled or as provided in any proofs of claim, and their priority with respect to the movant.

     (6) Payments to Chapter 13 Trustee. If the motion alleges a default in making plan payments to the chapter 13 trustee, the month, amount, and current status of such payments.

(c) If the proposed order provides for relief as to collateral, it shall substantially conform to Local Form 4001-2(a) (pre-discharge) or Local Form 4001-2(b) (post-discharge). 

 

Rule 4001-2. Cash Collateral

(a) STATEMENTS TO SUPPORT MOTION. The debtor shall attach separate verified statements regarding the following items to any motion for use of cash collateral: 1) the debtor's calculation of the amount of debt secured by the collateral; 2) the debtor's description of the collateral and estimate of the collateral's value on the date of the filing of the petition and at the beginning of the period of time for which the debtor currently seeks authorization to use cash collateral; 3) the debtor's description of the collateral and estimate of the collateral's value at the end of the period of time for which the debtor currently seeks authorization to use cash collateral; and 4) the debtor's cash flow projections.

(b) PRELIMINARY HEARING. If the hearing on a motion for use of cash collateral is a preliminary hearing pursuant to Federal Rule of Bankruptcy Procedure 4001(b)(2), the debtor's separate verified statement shall contain an itemization of the proposed uses of cash collateral that are required to avoid immediate and irreparable harm to the estate pending a final hearing on the motion.

Rule 4002-1. Debtor - Duties (Change of Address)

The debtor shall immediately file a change of address whenever the debtor's mailing address is changed or needs correction. The mailing address of the debtor stated in a voluntary petition shall be the address for service by mail of any document upon the debtor unless the debtor files such change of address.

Rule 4003-1. Exemptions

(a) OBJECTIONS. An objection to a claim of exemption shall be made by motion. If an amendment to a claim of exemption is filed after an objection has been filed, the objection shall be deemed an objection to the amended claim of exemption. If an objection was filed and not withdrawn and the court did not rule on the objection before the case was closed, the objection shall be deemed withdrawn.

(b) CERTIFICATE.

    (1) Form; Issuance. Except as provided in subparagraph (2) of this paragraph, the clerk shall, upon request, issue a certificate regarding property claimed as exempt. The certificate shall conform substantially to Local Form 4003-1, and copies of schedule C and any amendments shall be attached.

    (2) Time.

        (aa) Chapter 7, 12 and 13 Cases. Unless the court orders otherwise, the clerk shall not issue a certificate less than 31 days after: 1) the first date set for the meeting of creditors or 2) the date on which the schedule C or any amendment thereto was filed, whichever is later. The clerk also shall not issue a certificate if: 1) the trustee in a chapter 7 case has timely filed a notice of nonconcluded meeting of creditors and the trustee has not filed a report indicating that the meeting has been concluded ; 2) any objection to a claim of exemption has been filed, whether or not an amended schedule C has been filed, unless the objection has been resolved, in which event the clerk shall note the results of such resolution on the certificate; or 3) the time for filing objections has been extended and the period has not expired.

        (bb) Chapter 11 Cases. Unless ordered otherwise, the clerk shall not issue a certificate until after confirmation of a plan.

Rule 4004-1. Discharge Under Chapters 11, 12 and 13

(a) DISCHARGE AFTER PLAN PAYMENTS COMPLETED. Upon completion of all applicable payments under the plan or modified plan in a chapter 12 or 13 case, the trustee shall file a final report and account. Upon the filing by the debtor of Local Form 4004-1, the court will forthwith enter an order discharging the debtor without further hearing, unless the debtor is ineligible for discharge. Upon completion of all applicable payments under the plan or modified plan in an individual chapter 11 case, the debtor shall file a motion for discharge.

(b) HARDSHIP DISCHARGE. If a debtor in a chapter 12 or 13 case files an application for discharge under §§1228(b) or 1328(b) of the Code, the court will enter an order setting the date for a hearing and fixing the time for filing a complaint to determine the dischargeability of a debt.

Rule 4004-3. Deferral of Entry of Discharge

If the trustee in a chapter 7 case serves and files a notice of nonconcluded meeting of creditors under Local Rule 2003-1, the court may defer entry of discharge until the trustee files a report stating that the meeting has been concluded.

Rule 4008-1. Reaffirmation

(a) HEARING. If a reaffirmation agreement that was made after the filing of the petition but before entry of the discharge is filed with the clerk under §524(c)(3) of the Code, and if the debtor was not represented by an attorney during the course of negotiating such agreement or if the non-debtor party to the agreement is the debtor's attorney, the clerk shall schedule a discharge hearing under §524(d) of the Code and mail a notice of such hearing to the debtor, the attorney for the debtor, the creditor, the trustee and the United States Trustee.

(b) FORM. An agreement to reaffirm a debt in whole or in part shall conform to Local Form 4008-1(a) and shall be accompanied by the cover sheet for reaffirmation agreement (Official Form 427).

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 5009-1 Trustee requests that assets not be abandoned upon case closing.

A request by a chapter 7 trustee for an order that an asset not be abandoned upon closing of the case shall be made by application unless otherwise ordered by the court.  The application shall be mailed to the debtor on the date of filing.  Any objection to the application must be filed within 21 days from the filing of the application and the objecting party shall schedule a hearing with notice to the trustee and the United States Trustee.  If no objection is filed, the court may act on the application without a hearing.

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 Representations

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.

Rule 6004-1. Sale of Estate Property

(a) CHAPTER 7 CASES - GENERAL NOTICE. Except as otherwise provided in this rule, in a chapter 7 asset case the trustee shall give not less than 21 days notice to all entities listed in the matrix referred to in Local Rule 1007-2 of any proposed sale or other disposition of estate property by the trustee under Federal Rule of Bankruptcy Procedure 2002(a)(2) or (3). The notice shall conform substantially to Local Form 6004-1(a).

(b) CHAPTER 7 CASES - LIMITED NOTICE.

    (1) Generally; Form. If approved by the United States Trustee under subparagraph (3) of this paragraph, a trustee may sell property where the value to the estate is less than $5000, after serving notice of the proposed disposition only on the United States Trustee, each entity that has filed a request for notice or notice of appearance under Federal Rule of Bankruptcy Procedure 2002(I) or 9010(b), and each member of any creditors' committee. The notice shall conform substantially to Local Form 6004-1(a).

    (2) Service of Notice. The notice shall be served not later than fourteen days before the date set for the proposed disposition. Along with the original notice, the trustee shall also serve on the United States Trustee 1) a proposed certificate approving use of limited notice and the proposed disposition and 2) proof of service of the notice.

    (3) Approval. If the United States Trustee approves limited notice and the proposed disposition, the United States Trustee shall file the notice, the certificate and the proof of service.

    (4) Disapproval. If the United States Trustee disapproves the limited notice or the proposed disposition, the trustee shall comply with paragraph (a) of this rule.

(c) CHAPTER 7 CASES - OBJECTIONS TO DISPOSITION. An objection to a proposed disposition under this rule shall be delivered to the trustee and the United States Trustee and filed not later than 12:00 o'clock noon the day before the date set for the proposed disposition. If the trustee receives an offer in writing to purchase property being sold at private sale before the time to file an objection to the sale has expired, the trustee shall file the offer and the offer shall be deemed an objection timely served and filed. If the trustee accepts the offer or another offer and the court approves the sale, the objection shall be deemed sustained.

(d) CHAPTER 7 CASES - CERTIFICATE. Upon request of the trustee, the clerk shall issue a certificate conforming substantially to Local Form 6004-1(d) if no objection has been timely filed or all filed objections have been resolved. Copies of the notice and the certificate of approval if any shall be attached to the certificate. If the court has entered any order with respect to the proposed disposition, the clerk shall issue the certificate with a copy of the order attached.

(e) CASES UNDER CHAPTERS 11, 12 AND 13. In a chapter 11, 12, or 13 case, a request for approval of any proposed sale, or other disposition of property of the estate shall be made by motion. Local Rules 2002-1 and 2002-4(a) govern preparation and service of the notice to creditors.

(f) INSTRUMENTS TRANSFERRING REAL PROPERTY. An instrument of transfer of real property located in Minnesota by the trustee or debtor in possession shall conform substantially to Local Form 6004-1(f).

Fed. R. Bankr. P. Reference 6007, 9019.

Rule 6007-1. Abandonment

Local Rule 6004-1 applies generally to abandonments, except that the trustee in a chapter 7 case may use the limited notice of Local Rule 6004-1(b)(1) regardless of the value of the asset abandoned.

Rule 6007-2. Abandonment - Hazardous Substances

If the trustee or debtor in possession proposes to abandon commercial or industrial property, whether real or personal, which the trustee or debtor in possession believes may contain a hazardous substance as defined in Minn. Stat. §115B.02, subd. 8 or other applicable law, or on which the trustee or debtor in possession believes environmental contamination or a release or threatened release of a hazardous substance may exist, the trustee or debtor in possession shall serve notice of the proposed abandonment on the Environmental Protection Agency and the Attorney General for the state where the property is located.

Rule 6072-1. Turnover Proceedings - Motion

If upon demand an entity has refused to deliver to the trustee tangible property of a kind specified in §542(a) of the Code, the value of the property is less than $10,000 and the property is located within the District of Minnesota, the trustee may seek an order for turnover by way of motion. At any time, on motion and for cause, the court may convert the proceeding to an adversary proceeding.

Rule 7004-2. Summons

Upon the filing of a complaint commencing an adversary proceeding, the clerk shall issue the summons.

Rule 7005-2. Filing of Discovery Materials

Unless ordered otherwise, no discovery documents shall be filed, except that limited excerpts may be attached as exhibits to motions and responses.

Rule 7007-1. Motion Practice (in Adversary Proceedings)

(a) Local Rules 9013-1, 9013-2, 9006-1, and 9017-1 govern motions and responses in adversary proceedings.

(b) A motion in an adversary proceeding may not include a request for relief which is properly made by motion in the bankruptcy case.

Rule 7018-1. Joinder of Claims/Remedies

Except as provided in Local Rule 3007-1 a complaint shall not include a request for relief which is properly made by motion in a bankruptcy case, including a request for relief from the stay or for dismissal or conversion of a case.

Rule 7037-1. Discovery Motions

No motion relating to contested discovery shall be heard unless it affirmatively appears that the parties have conferred and attempted to resolve their differences. The discovering party shall arrange such a conference which shall be held within seven days from the date of a written request for a discovery conference. Not later than 24 hours before the hearing on such motion, the parties shall file a joint statement setting forth the matters upon which they have been unable to agree, together with memoranda in support of or in opposition to their respective contentions. Unless ordered otherwise, the hearing on the motion shall be deemed the hearing on award of expenses including attorney's fees under Federal Rule of Bankruptcy Procedure 7037.

Rule 7041-1. Dismissal of Adversary Proceedings

A complaint objecting to discharge or seeking revocation of discharge, other than one brought by a trustee or the United States Trustee, shall not be dismissed at the plaintiff's instance except by order of the court after hearing on motion made in the adversary proceeding. The plaintiff shall serve the motion on all creditors and other parties in interest. The plaintiff also shall serve and file an affidavit stating what, if anything, has been received by or promised to the plaintiff in consideration of the request for dismissal.

Rule 7054-1. Costs - Taxation/Payment

Fifteen days after the prevailing party has served and filed a verified bill of costs under 28 U.S.C. §§1920 and 1924, the clerk shall tax costs under Federal Rule of Bankruptcy Procedure 7054(b), Federal Rule of Bankruptcy Procedure 8014, or Fed. R. App. P. 39 only if the court allows costs to the prevailing party. On motion of any party served and filed within seven days after the clerk enters judgment taxing costs, the action of the clerk may be reviewed by the court.

Rule 7055-1. Default Judgment

A party seeking default judgment shall serve on any party in default and file: 1) an application for default judgment; 2) an affidavit of default stating that no defense or other response of any kind has been received or, if one has been received, detailing the defense or other response received; 3) an affidavit of identification of the defaulting party including address and military or infancy or competence status; 4) an affidavit on the merits and the amount due including costs and disbursements by a person with personal knowledge; and 5) proposed findings of fact, conclusions of law and order for judgment. If the summons and complaint were served by mail and then returned by the postal service, the party seeking judgment shall disclose that to the court by affidavit. If the application for default judgment was served by mail and then returned by the postal service, the party seeking judgment shall disclose that to the court. The court may, in its discretion, hold a hearing before entry of default judgment.

Rule 7067-1. Deposit of Funds in Controversy

Parties contemplating deposit under Federal Rule of Bankruptcy Procedure 7067 are subject to Local Rule 5095-1(a) and shall to the extent practicable arrange instead for a banking or other depository to hold funds in escrow at interest upon appropriate terms and conditions but at their own risk.

Rule 7069-1. Postjudgment; Execution

(a) GENERALLY. If the adversary proceeding has been statistically concluded or terminated, and unless ordered otherwise, further docket entries may be made and relief granted without reopening the proceeding. If a satisfaction of a money judgment is filed, the satisfaction shall be noted in the docket and interested parties may file a certified copy with the clerk of the district court. Minnesota statutes and civil rules apply to the assignment, expiration or enforcement of judgments and related matters to the extent applicable under Federal Rule of Bankruptcy Procedure 7069 incorporating Fed. R. Civil P. 69(a).

(b) EXECUTION. A request for a writ of execution shall be made by application and shall identify the judgment, the amount due on the judgment, the title of the case or proceeding, the file number, and the reason for requesting the execution. Every writ of execution issued by the clerk shall be noted in the docket, delivered by the clerk to the United States Marshal and returned to the clerk within 30 days after the date issued. The attorney for the judgment creditor shall request particular action from the marshal by a separate writing to the marshal.

(c) ALTERNATIVE ENFORCEMENT. Upon request, the clerk shall furnish a certified copy of a judgment to permit filing with the clerk of the district court under Federal Rule of Bankruptcy Procedure 5003(c) or a certification of judgment to permit registration of the judgment with the clerk of district court for another district under 28 U.S.C. §1963 or to enable the judgment creditor to obtain a judgment and enforce the judgment in the courts of Minnesota under the Uniform Enforcement Of Foreign Judgments Act (Minn. Stat. §§548.26-548.33).

Fed. R. Bankr. eference 5003(c).

Rule 8001-1. Governing Rules

Appeals to the bankruptcy appellate panel are governed by the local rules of the Bankruptcy Appellate Panel for the Eighth Circuit. Appeals to the district court are governed by this Part of these rules.

Rule 8003-1. [ABROGATED]

Rule 8005-1. [ABROGATED]

Rule 8006-2. [ABROGATED]

Rule 8007-1. [ABROGATED]

Rule 8009-1. Designation of Record on Appeal

(a) SEPARATE APPENDICES.  Unless the district court orders otherwise, the parties shall serve and file with the clerk of the district court, in lieu of a designated record, their separate appendices along with their respective briefs. The parties also shall arrange for the clerk of the bankruptcy court to transmit transcripts or exhibits separately to the clerk of the district court.

(b) TRANSCRIPTS.  If the appellant or other party designates any transcript of proceedings or any part thereof, the party shall order a transcript and file with the clerk of the bankruptcy court a copy of the transcript order as required by Federal Rule of Bankruptcy Procedure 8009(b)(1)(A), and if no such transcript is to be ordered, file with the clerk of the bankruptcy court a certification to that effect.

NOTE: This rule is promulgated by the district court.

Rule 8010-1. Transmission of Record - Appeal

For purposes of Federal Rule of Bankruptcy Procedure 8010(b)(1), the record is considered complete when the parties’ designations of record, statements of the issues, and any transcripts have been filed, or 45 days after the filing of the notice of appeal, whichever is earlier.

NOTE: This rule is promulgated by the district court.
 

Rule 8010-3. [ABROGATED]

 

Rule 8011-1. [ABROGATED]

Rule 8024-1. Entry of Judgment and Notice

Subject to Federal Rule of Bankruptcy Procedure 8025(a), the clerk of bankruptcy court shall file and enter the judgment and any opinion on the docket of the case or proceeding and the bankruptcy court shall enter such further order or judgment as may be appropriate. If judgment of the district court is appealed to the court of appeals, upon receipt of a copy of the judgment and any opinion by the court of appeals from the clerk of the court of appeals under Fed. R. App. P. 36, but subject to Fed. R. App. P. 41 , the clerk of bankruptcy court shall file and enter the judgment, mandate and any opinion on the docket of the case or proceeding, and the bankruptcy court shall enter such further order or judgment as may be appropriate.

NOTE: This rule is promulgated by the district court.

Rule 9001-1. Definitions

In addition to the definitions and rules of construction in §§ 101, 102 and 1101 of the Bankruptcy Code and Federal Rule of Bankruptcy Procedure 9001 and 9002, the following words used in these rules have the meanings indicated:

 

(1) "Affidavit" includes a verified motion and a statement endorsed with an unsworn declaration.

(2) "Application," other than an application under Federal Rule of Bankruptcy Procedure 2014 or 2016, means written request for an order which is made without scheduling a hearing and with limited or no notice.

(3) "Court" means bankruptcy court unless a district judge is acting in a case or proceeding.

(4) "Deliver" means physical delivery or actual receipt by either facsimile transmission mail (as that term is defined in Rule 9001 of the Federal Rules of Bankruptcy Procedure), or electronic mail within the time period specified for delivery.

(5) “Electronic Case Filing System” means the process made available by the Court for electronic submission of documents.

(6) “Filing User” means a registered user of the Electronic Case Filing System.

(7) "Hour" includes every hour whether the clerk's office is open or not.

(8) "Judge" means bankruptcy judge unless a district judge is acting in a case or proceeding.

(9) "Motion" means written request for an order which cannot be obtained by application.

(10) "Proof of service" means proof of actual receipt, or an affidavit of service referred to in Fed. R. Civ. P. 4(l), or an unsworn certificate of service that conforms substantially to Local Form 9001-1.

(11) "Serve" means either to deliver as defined by Local Rule 9001-1(4) or to serve by mail.

(12) "Unsworn declaration" means unsworn statement that complies substantially with 28 U.S.C. §1746 and which is endorsed on a document.

(13) "Verified" or "verification" means affidavit or unsworn declaration, affixed to or endorsed on a document, which states in substance that the factual allegations made in the document are true and correct according to the best of the verifier's knowledge, information and belief.


Fed. R. Bankr. P. Reference 9002.

Rule 9004-1. Documents - Requirements of Form

(a) SIZE. All documents presented for filing, except trial exhibits, shall be formatted to print on standard letter-size paper (8-1/2" x 11").

(b) PROOF OF SERVICE. Where service of a document on a non-Filing User is required, proof of service shall be submitted with the document filed, or filed separately by the earlier of two days thereafter or the time of the hearing.

(c) FACSIMILE TRANSMISSION. Documents delivered by facsimile transmission directly to the clerk shall not be accepted for filing.

(d) VERIFICATIONS. A verification shall not be accepted for filing unless it bears a signature, including an electronic signature where allowed by Local Rule 9011-4.

(e) SCANNING OF DOCUMENTS.

(1) A document that is scanned shall not be submitted for filing, except only the signature page of the Notice of Responsibilities, a document requiring a signature other than the signature of the attorney or the attorney's staff, or an exhibit.

(2) All documents created on the attorney's computer should be printed directly to portable document format (PDF).

(3) All documents created using petition preparation software should be printed directly to PDF using the PDF function in the software.

(4) The repeated filing of scanned documents, other than those listed in Local Rule 9013-2(e)(1), will be referred to the judge assigned to the case in which the scanned documents are improperly filed and may result in issuance of an order to show cause or sanctions.

Rule 9006-1. Time Periods For Service and Filing

(a) SERVICE THROUGH ELECTRONIC CASE FILING SYSTEM. The "Notice of Electronic Filing" that is automatically generated by the court's Electronic Case Filing System constitutes service or notice of the filed document on Filing Users. Parties who are not Filing Users must be provided notice or service of any pleading or other document electronically filed in accordance with the Federal Rules of Bankruptcy Procedure and the local rules. A certificate of service must be electronically filed, indicating how service was accomplished on any party or counsel who is not a Filing User.

(b) MOVING DOCUMENTS. Unless a local rule or Federal Rule of Bankruptcy Procedure requires longer notice, moving documents shall be filed and served by delivery or by mail not later than fourteen days before the hearing date. Moving documents shall be filed within five days after the date and time for a hearing was obtained from the judge's calendar clerk.

(c) RESPONSIVE DOCUMENTS. Any responsive documents shall be filed and served by delivery or by mail not later than five days before the hearing date.

(d) REPLY DOCUMENTS. No reply documents to the responsive documents need be served and filed.

(e) EXPEDITED RELIEF. If expedited relief is necessary, the moving party shall obtain a hearing date on shorter notice from the judge's calendar clerk and shall include a request for expedited hearing in the motion. The judge will rule on the request for expedited hearing when the motion is heard. The party seeking expedited relief shall take all reasonable steps to provide all parties with the most expeditious service and notice possible and shall file an affidavit specifying the efforts made.

Rule 9010-3. Attorneys

(a) ADMISSION. The bar of this court consists of those attorneys admitted to practice before the United States District Court for this district. No person, unless duly admitted to practice in that court, shall be permitted to appear and participate in the trial of any action or the hearing of any motion except in that person's own behalf or as provided in paragraphs (b), (c) and (d).

(b) GOVERNMENT ATTORNEYS. Attorneys not admitted in the district court for this district but admitted in another United States District Court may appear representing the United States of America or any officer or agency thereof.

(c) OTHER ATTORNEYS. Except as provided in paragraph (b) and (d), attorneys not admitted to practice in the district court may appear or file documents, other than proofs of claim, only after being admitted pro hac vice pursuant to Local Rule 83.5 of the district court.

(d) LAW STUDENTS. A law student who represents a client in connection with a matter in this court and the attorney supervising the law student shall comply with the following requirements:  

    (1) The law student must be supervised by a member of this court’s bar.  The supervisor must:

        A.    verify that the law student meets the requirements of Local Rule 83.8(b) of the district court;
        B.    complete the Student Practice Certification and Notice of Appearance of Student Attorney form and file it with the Clerk;
        C.    file a copy of the Student Practice Certification and Notice of Appearance of Student Attorney form in any case in which the law student appears;
        D.    assume full responsibility for the law student’s work;
        E.    accompany the law student to, and be prepared to assist the law student at, every court appearance; and
        F.     appear as an attorney of record in the same case in which the law student appears.

    (2)    The law student must be enrolled in a law school accredited by the American Bar Association.

    (3)    The law student must have completed the equivalent of at least two semester of full-time study.

    (4)    The law student must:

        A.    be enrolled for credit in a law school-supervised program and the law student’s work must be under the supervision of that program; or
        B.    be a paid or unpaid intern representing any state, local or other governmental unit or agency.

    (5)     The law student must not accept compensation in connection with the matter, except that a paid intern may receive compensation from his or her employer.  The law school-supervised program in which the law student is enrolled may accept compensation other than from a client.  

A completed Student Practice Certification and Notice of Appearance of Student Attorney form is effective for 12 months after the date it is filed with the clerk, unless revoked by the chief judge at any time by written notice to the supervising attorney and the law student.

(e) FORMER LAW CLERKS. An attorney who has served as a law clerk to a judge, for a period of one year after termination from service as a law clerk, shall not: 1) appear before that judge; 2) allow that attorney's name to appear on any pleading or memorandum filed in connection with any case or adversary proceeding assigned to that judge; or 3) allow that attorney's name to appear on any petition filed with the court unless that attorney is a sole practitioner.

(f) FORMER JUDGES. An attorney who has served as a judge of the court, for a period of one year after termination from service as a judge, shall not: 1) appear before the court; 2) allow that attorney's name to appear on any pleading or memorandum; or 3) allow that attorney's name to appear on any petition.

(g) SUBSTITUTION; WITHDRAWAL.

(1) Substitution. If a party in an adversary proceeding or a debtor in a chapter 7 or 13 case wishes to substitute attorneys, the party or debtor shall file a substitution of attorney signed by the client, the original attorney and the substituted attorney. If a client wishes to substitute attorneys and the client's employment of the attorney was subject to approval by the court, the client shall make an application to substitute attorneys and comply with Local Rule 2014-1.

(2) Withdrawal. An attorney in a bankruptcy case whose employment was subject to approval by the court, an attorney for any party in an adversary proceeding, or an attorney for a debtor in a chapter 7 or 13 case who wishes to withdraw without a substitution of attorney shall make a motion for leave to withdraw.

(3) Service. In an adversary proceeding, substitutions, motions and applications shall be served on all parties to the proceeding and in a case on all entities specified in the applicable subparagraph of Local Rule 9013-3(a).

(4) Effect of Failure to Comply. Until a substitution of attorneys is filed or an order is entered allowing the original attorney to withdraw, the original attorney is the client's attorney of record and the original attorney shall represent the attorney's client in bringing and defending all matters or proceedings in the bankruptcy case other than adversary proceedings in which the original attorney has not yet made an appearance. Failure to receive advance payment or guarantee of attorney's fees is not grounds for failure to comply with this subsection.

 (h) ELECTRONIC REGISTRATION, NAME CHANGES AND DEACTIVATION.

(1) Registration: Attorneys admitted to the bar of this court (including those admitted pro hac vice and attorneys authorized to represent the United States), United States trustees and their assistants, trustees, and others as the court deems appropriate, may register as Filing Users of the court’s Electronic Case Filing System. Registration is in a form prescribed by the clerk and requires the Filing User’s name, address, telephone number, bar identification number and primary e-mail address at which the Filing User wishes to receive CM/ECF notification. Once registration is completed, the Filing User will receive notification of the Filing User’s user name and password. Filing Users agree to protect the security of their passwords and immediately notify the clerk if they learn that their password has been compromised.

(2) Name Changes. A Filing User may change the name associated with the Filing User’s user name and password only to reflect a legal name change. A Filing User may not change the name associated with the Filing User’s user name and password to that of another person.

(3) Deactivation. A Filing User may deactivate his or her user name and password at any time, upon written notice to the clerk.

Rule 9010-4. Pro Se Cases and Proceedings

An entity which is not an individual may not appear in bankruptcy court unless represented by an attorney authorized to practice under Local Rule 9010-3.

Rule 9011-4. Signatures

(a) GENERALLY. All documents presented for filing shall be signed and include the name, address and telephone number of the signer or the signer's attorney. 

(b) ELECTRONIC SIGNATURES - FILING USERS. The user log-in and password required to submit documents to the Electronic Case Filing System serve as the Filing User’s signature on all electronic documents filed with the court. They also serve as a signature for purposes of Fed.R.Bankr. P. 9011, the Federal Rules of Bankruptcy Procedure, the local rules of this court, and for any other purpose for which a signature is required in connection with proceedings before the court. Electronically filed documents must include a signature block setting forth the name, address, telephone number and attorney bar registration number, if applicable, of the Filing User. In addition, the name of the Filing User under whose log-in and password the document is submitted must be preceded by an “/e/” and typed in the space where the signature would otherwise appear. No Filing User or other person may knowingly permit or cause to permit a Filing User’s password to be used by anyone other than an authorized agent of the Filing User.

(c) ELECTRONIC SIGNATURES - EMPLOYEES OF FILING USERS. A document filed in electronic format by a Filing User may contain the signature of a non-attorney employee of that Filing User, or of an agency or firm of which the Filing User is an employee, member or partner, represented by an “/e/” and the name typed in the space where a signature would otherwise appear. The electronic filing of a document with such a signature shall constitute a certification by the Filing User that the employee consented to the use and submission of the employee’s signature in this form, and that the employee had attested under penalty of perjury to the truth of any facts so subscribed.

(d) ELECTRONIC SIGNATURES - DEBTORS. When an original signature of a debtor, authorized individual or joint debtor is required on the (1) petition, schedules and statements; (2) amendment to petition, schedules and statements; (3) chapter 13 plan; or (4) modified chapter 13 plan, the Filing User shall submit either a scanned image of the Form ERS 1 Signature Declaration signed by the debtor(s) or the electronic document with a scanned image of the signature page signed by the debtor(s). The scanning of documents is governed by Local Rule 9004-1(e).

(e) ELECTRONIC SIGNATURES - OTHER DOCUMENTS. Except as otherwise provided above, when an original signature of a non-Filing User is required on a verification, affidavit or other similar document, the Filing User shall submit a scanned image of the signature page of the document signed by the non-Filing User. The scanning of documents is governed by Local Rule 9004-1(e) and the filing of voluminous exhibits is governed by Local Rule 9013-2(e).

(f) ELECTRONIC SIGNATURES - MULTIPLE SIGNATURES. Documents requiring signatures of more than one party must be electronically filed by submitting a document that includes a scanned image of the signature page signed by all necessary parties. Alternatively, the filer may submit the document with the electronic signatures of any parties who authorize the filer to do so, as long as the document contains a provision to that effect.

Rule 9013-1. Motion Practice

Except as otherwise provided, any request for an order shall be made by motion. Motions in a bankruptcy case are governed by Federal Rule of Bankruptcy Procedure 9013 and 9014. Motions in an adversary proceeding are governed by Federal Rule of Bankruptcy Procedure 7005 and 7007.

Fed. R. Bankr. P. Reference 7005, 7007, 9014.

Rule 9013-2. Motion Documents

(a) MOVING DOCUMENTS. Except as otherwise provided, the party making a motion shall serve and file: 1) a notice of hearing and motion; 2) if facts are at issue, an affidavit or verification of the motion; 3) a separate, concise memorandum of facts and law; 4) a proposed order; and 5) proof of service on those parties not automatically served through the court’s Electronic Case Filing System, as provided in Local Rule 9006-1(a). The notice shall state the date and, if appropriate, the time by which a response must be filed under these rules. The notice shall state that unless a response opposing the motion is timely filed, the court may grant the motion without a hearing. The notice of hearing and motion shall comply substantially with Local Form 9013-2.

(b) RESPONSIVE DOCUMENTS. Any entity opposing a motion and wishing to be heard shall file and serve a response, which shall include a concise memorandum of facts and law and, if facts are at issue, an opposing affidavit. A response may include a request for an order denying the motion or a request for an order imposing costs, fees and expenses, but shall not include a request for any other relief.

(c) NOTICE OF WITNESSES.

      (1) If a party filing or responding to a motion anticipates offering oral testimony, the moving or responsive documents shall state the name, address and substance of the testimony of the proposed witness.

      (2) No evidence shall be presented at the initial hearing. The court will determine at the initial hearing whether an evidentiary hearing is required.

      (3) The proponent of a Chapter 11 or 12 plan shall provide testimony at the confirmation hearing.

(d) AFFIDAVITS; VERIFICATIONS. Affidavits shall be made on personal knowledge, set forth only facts that would be admissible in evidence, and show affirmatively that the affiant or verifier is competent to testify to the matters stated. An attorney shall not verify documents to be filed except with respect to facts of which the attorney has personal knowledge.

(e) EXHIBITS. Filing Users must submit all exhibits or attachments in electronic form. If the exhibits normally attached to a motion or response exceed 50 pages in total, the moving party may provide a summary of the exhibits in the motion or response, or as an exhibit thereto, for purposes of service only. The moving party shall state in the motion or response that the full exhibits and the summary were attached to the original motion or response filed with the clerk and that the moving party will upon request furnish a copy of the full exhibits to any entity.

(f) RELIEF WITHOUT HEARING. If no response opposing a motion is timely filed, the court may, in its discretion, enter an order granting the motion without a hearing.

(g) SEALED DOCUMENTS. A motion to file documents under seal shall be filed electronically through the Electronic Case Filing System. The document(s) the movant seeks to file under seal shall be submitted to the court on diskette or CD-ROM or filed to the “Inbox” filing option of the Electronic Case Filing System and shall remain sealed until further order of the court.

(h) WAIVER OF DISCHARGE. Motions seeking an order approving the waiver of discharge pursuant to Section 727(a)(10) shall comply only with paragraph (a) (1), (4), and (5) of Local Rule 9013-2. The motion shall be served upon 1) the debtor; 2) the attorney for the debtor; 3) the trustee; 4) the United States Trustee; and 5) each entity that has filed a request for notice or notice of appearance under Federal Rule of Bankruptcy Procedure 2002(i) or 9010(b).

Fed. R. Bankr. P. Reference 9004, 9006, 9014.

Rule 9013-3. Entities Served in Bankruptcy Cases

(a) MOVING DOCUMENTS.

    (1) Chapter 7, 12 and 13 Cases. Except as provided in Local Rules 2002-1, 3007-1, and 3019-2 moving documents in a chapter 7, 12 or 13 case shall be served on: 1) the debtor; 2) the attorney for the debtor; 3) the trustee; 4) the United States Trustee; 5) each entity that has filed a request for notice or notice of appearance under Federal Rule of Bankruptcy Procedure 2002(i) or 9010(b); 6) each entity claiming a lien or other interest in property if any property is involved; 7) each entity against whom relief is sought; (8) in a chapter 7 case, each member of the committee of creditors, if any; and (9) in a chapter 12 case, the United States Attorney for the District of Minnesota.

    (2) Chapter 11 Cases. Unless on application the court for cause orders either expanded or restricted service and except as provided in Local Rules 2002-1(b), 3007-1, and 3019-2, moving documents in a chapter 11 case shall be served on: 1) the debtor; 2) the attorney for the debtor; 3) the trustee or examiner; 4) the United States Trustee; 5) all committees; 6) the ten largest unsecured creditors if no committee of creditors holding unsecured claims has been appointed; 7) each major secured creditor; 8) the District Counsel of the Internal Revenue Service; 9) the District Director of the Internal Revenue Service; 10) the Collection Division of the Minnesota Department of Revenue; 11) the United States Attorney for the District of Minnesota; 12) each creditor that is a governmental unit; 13) each entity that has filed a request for notice or notice of appearance under Federal Rule of Bankruptcy Procedure 2002(i) or 9010(b); 14) each entity claiming a lien or other interest in property if any property is involved; and 15) each entity against whom relief is sought.

   (3) Health Care Business. In addition to the entities required to be served under paragraphs (1) and (2) of this rule, moving documents seeking a determination that the appointment of a patient care ombudsman is not necessary for the protection of patients shall be served on each entity that issues licenses to or regulates the debtor or the debtor’s principal.

(b) RESPONSIVE DOCUMENTS. Unless ordered otherwise, responsive documents shall be served on: 1) the moving party; 2) the attorney for the debtor; 3) the trustee or examiner; 4) the attorneys for all committees; and 5) the United States Trustee.

Fed. R. Bankr. P. Reference 7005; Fed. R. Civ. P. Reference 5(b).

Rule 9013-4. Applications

(a) EMPLOYMENT OF PROFESSIONAL PERSONS. An application for employment of a professional person is governed by Local Rule 2014-1.

(b) COMPENSATION OF PROFESSIONAL PERSONS. An application for allowance or authorization for payment of compensation of a professional person is governed by Local Rule 2016-1.

(c) OTHER APPLICATIONS. All other applications shall comply with paragraphs (a), (d) and (e) of Local Rule 9013-2 except that no notice of hearing is required. Responses to applications shall comply with paragraph (b) of Local Rule 9013-2. Except as otherwise provided, the applicant shall serve the application on the attorney for the debtor, the trustee or examiner, and the United States Trustee. Before ruling on the application, the court may require that a motion be made, that a hearing be held or that additional persons be served.

Fed. R. Bankr. P. Reference 2014, 2016.

Rule 9013-5. Trustees' Motions and Objections

Except where a serious contest is anticipated, the trustee in a chapter 7 or 13 case need not file a separate memorandum for a motion to dismiss, for turnover or sale of property, or for approval of a compromise or settlement, or in connection with an objection to a claim of exemption or a proof of claim.

Rule 9015-1. [ABROGATED]

Rule 9017-1. Hearings

The court may hear and determine a motion without oral testimony, allow further affidavits to be filed, permit oral testimony or order an evidentiary hearing.

Rule 9019-1. Settlement, Agreed Orders, and Stipulated Relief

(a) GENERALLY. Local Rule 6004-1 applies generally to settlements, except that the trustee in a chapter 7 case may apply for approval of settlement under the limited notice of Local Rule 6004-1(b)(1) regardless of the settlement's value to the estate.

(b) LIMITED NOTICE - FORM OF PRESENTATION TO COURT. Where limited notice of a settlement or compromise is permitted pursuant to Local Rule 6004-1(b)(1), the settlement or compromise may be approved on application with proposed order under Local Rule 9013-4 and the application may be combined with the notice.

(c) ADVERSARY PROCEEDING SETTLEMENT AFFECTING ESTATE. If Federal Rule of Bankruptcy Procedure 9019 applies to the compromise or settlement of an adversary proceeding, a request for approval of the proposed compromise or settlement shall be made by motion in the bankruptcy case.

(d) STIPULATED RELIEF. If notice to all creditors is not required, the court may order appropriate relief without notice or a hearing if a stipulation is filed which is signed by each entity that would have received notice of the hearing.

Rule 9019-2. Mediation

The court may refer any adversary proceeding or contested matter for mediation by any other federal judge or any mediator chosen by the parties.

Rule 9021-1. Judgments and Orders - Entry of

(a) GENERALLY. All orders, decrees, judgments, and proceedings of the court will be filed in accordance with these rules, which will constitute entry on the docket kept by the clerk under Fed.R. Bankr.P. 5003 and 9021. All signed orders will be filed electronically by the court or court personnel. Any order or other court-issued document filed electronically without the original signature of a judge or clerk has the same force and effect as if the judge or clerk had signed a paper copy of the order and it had been entered on the docket in a conventional manner. Orders may also be issued as “text-only” entries on the docket, without an attached document.

(b) FILING AND ENTRY OF JUDGMENTS IN ADVERSARY PROCEEDINGS. Unless dismissed, every adversary proceeding shall be concluded by a separate judgment set forth and entered by the clerk. Immediately upon entry of a judgment to deny or revoke a discharge, to revoke the confirmation of a plan or to subordinate a claim, the clerk shall enter the judgment in the docket of the case. Where appropriate, the clerk shall also prepare and transmit a separate notice pursuant to Local Rule 2002-4(b) twenty-eight days after entry of the judgment, unless the court orders otherwise.

Fed. R. Bank. P. Reference 7054.

Rule 9022-1. Notice of Court Orders and Judgments

Immediately upon the entry of an order or judgment, the clerk will transmit to Filing Users in the case, in electronic form, a Notice of Electronic Filing. Electronic transmission of the Notice of Electronic Filing constitutes the notice required by Fed.R.Bankr.P. 9022. The clerk must give notice to a person who has not consented to electronic service in paper form in accordance with the Federal Rules of Bankruptcy Procedure.

Rule 9029-1. Rules - General

(a) SCOPE. These rules and forms govern practice and procedure in bankruptcy cases and proceedings in the District of Minnesota. All previous local rules are superseded except to the extent that in the opinion of the court the application of one of these rules in a matter pending when these rules or amendments were promulgated would not be feasible or would work injustice.

(b) SUSPENSION. In the interest of expediting a decision or for other good cause, the court may suspend the requirements or provisions of any local rule and may order proceedings in accordance with its direction.

(c) FORMS. The local forms prescribed by these local rules shall be observed and used with such alterations as may be appropriate unless a local rule requires exact conformity. The clerk, with approval of the judges, may issue additional forms for use under these rules.

(d) CITATION. These rules or amendments may be cited as Local Rule ____ and these forms as Local Form ____.
 

Rule 9029-4. Rules - Adoption and Amendment

Pursuant to and subject to the provisions of Federal Rule of Bankruptcy Procedure 9029, the bankruptcy judges are authorized to adopt or amend any local rule, except they may not amend any local rule which relates to referral, Bankruptcy Court authority or appeals and they may not adopt or amend any local rule in a manner inconsistent with any local rule which relates to referral, Bankruptcy Court authority or appeals.

NOTE: This rule is promulgated by the district court.
 

Rule 9033-1. Findings and Conclusions in Non-Core Proceedings

If proposed findings of fact and conclusions of law are filed under Federal Rule of Bankruptcy Procedure 9033 and the time to file an objection has expired, the clerk shall transmit appropriate copies of all relevant documents, including briefs or memoranda if any, to the clerk of district court, who shall file and treat the documents as a civil action and deliver the documents to a district judge for disposition.

NOTE: This rule is promulgated by the district court.

Rule 9070-1. Exhibits

Upon the closing of a case or adversary proceeding, the clerk may require the attorneys of record to remove exhibits, depositions or briefs contained in the files within 14 days after written notice. The clerk may destroy or otherwise dispose of such exhibits, depositions or briefs if they are not removed in the time specified.