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.

(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.

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.

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 give notice of the order to all known creditors and other parties in interest.

(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 such 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.  If the debtor is represented by an attorney, the debtor shall provide a notice of corrected case title to all creditors; the clerk shall give notice if the debtor is pro se.

(b) FORM, FILING AND NOTICE.

   (1) All amendments.  Except as provided in paragraph (a) of this rule, all amendments to petitions, exhibits, attachments, schedules, statements and lists must be made by filing a new petition, exhibit, attachment, schedule, statement or list that is identified as amended.  The debtor must clearly identify all changes made in any amendments by underlining all additions and lining out all deletions, or by submitting with the amended documents Local Form 1009-1, containing a complete list of all changes reflected on the amended documents when compared with the original or the most recent amendments.  All amendments must be verified by the debtor and transmitted to the trustee and the United States Trustee.  A copy of any amended statement of intention must also be transmitted to each affected creditor.  A matrix may not be amended under this rule.

   (2) Additional requirements for Schedule A/B.  To amend Schedule A/B, the debtor must file verified Schedule A/B (Official Form 106A/B or 206 A/B) and the Summary of assets and liabilities and certain statistical information (Official Form 106Sum or 206Sum) with the "amended" checkboxes checked.  The debtor must transmit these documents to each entity that has filed a request for notice or notice of appearance under Federal Rule of Bankruptcy Procedure 2002(i) or 9010(b).  

   (3) Additional requirements for Schedule C.  To amend Schedule C, the debtor must file verified Schedule C (Official Form 106C) and the Summary of assets and liabilities and certain statistical information (Official Form 106Sum) with the "amended" checkboxes checked.  The debtor must transmit these documents to each entity listed in the mailing matrix in the court's Electronic Case Filing System.  If the debtor fails to file a verification or to provide proof of transmittal of an amended Schedule C and Summary of assets and liabilities on each entity entitled to such notice under this rule, the court shall 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 transmittal 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 transmittal requirements of the rule and the applicable period for objection has expired.

   (4) Additional requirements for Schedules D and E/F.  To amend Schedule D or E/F, the debtor must file verified Schedule D (Official Form 106D or 206D) or Schedule E/F (Official Form 106E/F or 206E/F) or both, together with the Summary of assets and liabilities and certain statistical information (Official Form 106Sum or 206Sum) with the amended checkboxes checked, and must add the names and addresses of any new or corrected creditors to the matrix.  The debtor must transmit notice of the case to each new or corrected creditor listed in any amendment to Schedule D or E/F and must file proof of such transmittal. 

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 give notice of the transfer to the debtor, all creditors and other parties in interest.

(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.

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.

(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 given to each entity listed in the matrix referred to in Local Rule 1007-2.  A party may request by motion that notice be limited as provided in Federal Rule of Bankruptcy Procedure 2002(h).  

(b) CHAPTER 11 CASES.

    (1) [ABROGATED]

    (2) Notice. All notices to creditors under Federal Rule of Bankruptcy Procedure 2002 shall be given to each entity listed in the matrix referred to in Local Rule 1007-2.

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

(c) NO ADDRESS. 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. 

(d) OMITTED CREDITORS; CORRECTED ADDRESSES.

             (i)        After transmission by the clerk of the notice of the meeting of creditors, the debtor shall transmit a copy of the notice of the meeting of creditors to 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.

(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 5005-1(a).  

    (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 give notice of withdrawal that complies substantially with Local Form 2002-5. 

Fed. R. Bankr. P. Reference 9010.

(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 transmit these to 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) REPORT. Within seven days after receipt of the application, the United States Trustee shall file a report regarding the proposed employment. If an objection to the employment of the applicant is filed, the applicant shall schedule a hearing on the application and give notice of the hearing to 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.

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

Any attorney representing a debtor in connection with an adversary proceeding, regardless of whether the attorney applies for compensation, shall file a disclosure of compensation within 15 days after the attorney receives payment or enters into an agreement to represent the debtor in connection with the adversary proceeding unless such attorney has previously filed a disclosure of compensation that discloses such payment or agreement.  The disclosure shall comply substantially with Local Form 2016-2.  

(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. 

(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.

(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 transmit it to 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 transmit it to the trustee within the time fixed by the court. The request for payment shall conform substantially to Local Form 3002-2(c).

Except as provided by Federal Rule of Bankruptcy Procedure 3007(b), an objection to a claim shall be made by motion. 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.

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

(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 35 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 shall be served in compliance with Federal Rule of Bankruptcy Procedure 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 shall 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 motion must be filed and served not later than 28 days before the hearing date.  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 35 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 shall be served in accordance with paragraph (a)(3) of this rule. 

    (5) Timing. The motion for release of lien shall be filed and served not later than 28 days before the hearing date.  The court may schedule an evidentiary hearing. 

(a) PLAN SIGNATURE.  A chapter 12 plan shall be dated and signed by the debtor or other proponent of the plan, in accordance with Local Rule 9011-4(d).

(b) INITIAL PLAN. The clerk will transmit the initial plan and initial notice of confirmation hearing in a chapter 12 case to the appropriate parties.

(c) PRECONFIRMATION MODIFICATION. The debtor in a chapter 12 case may file a modified plan anytime before confirmation and shall label such plan as a "Modified Plan."  The debtor shall file and serve the modified plan and a notice of the confirmation hearing, including the date, time and place of the hearing and the plan objection deadline, on the trustee, the United States Trustee, and all creditors not later than fourteen days before the date set for the confirmation hearing. Proof of service shall be filed with the court.

(d) POSTCONFIRMATION MODIFICATION.  A request to modify a plan under 11 U.S.C. §1229 shall be made by motion. The moving party shall file and serve the modified plan and motion documents in compliance with Local Rules 9013-2 and 9013-3 not later than twenty-one days before the deadline to file an objection to the motion.

(e) OBJECTIONS.      

   (1) Local Rule 9013-2(b)-(e) applies to an objection to a chapter 12 plan.    

   (2) Pre-confirmation. An objection to the initial plan or a pre-confirmation modified plan shall be filed and served not later than seven days before the date set for the confirmation hearing.    

   (3) Post-confirmation. An objection to a post-confirmation modified plan shall be filed and served not later than five days before the date set for the confirmation hearing.

(f) CONFIRMATION HEARINGS.      

   (1) If an objection to a plan is filed, the court may treat the confirmation hearing as either a preliminary or final hearing.    

   (2) Unless otherwise authorized by the court pursuant to a request made more than 72 hours before the confirmation hearing, the proponent of a chapter 12 plan shall provide testimony at the confirmation hearing.    

   (3) The court may confirm a properly noticed chapter 12 plan without a hearing if there are no timely-filed objections or if all objections are withdrawn.

(a) FILING OF APPLICATION, PLAN AND PROPOSED DISCLOSURE STATEMENT. If the debtor has elected treatment as a small business, the plan proponent 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 proponent shall transmit the plan and proposed disclosure statement, together with the application, to the debtor, the United States Trustee and, if one has been appointed, to the committee of unsecured creditors.

(b) REVIEW AND COMMENT BY UNITED STATES TRUSTEE. The United States Trustee and any Committee shall transmit and file objections, if any, to the proposed disclosure statement in the form required by Local Rule 9013-2(b)-(e) within seven days of transmittal of the proposed disclosure statement and plan to the debtor, the plan proponent, the United States Trustee or Committee. If no timely objections are filed, 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) TRANSMITTAL OF PLANS AND CONDITIONALLY APPROVED DISCLOSURE STATEMENTS. If the court conditionally approves the disclosure statement and unless the court orders otherwise, the proponent shall transmit the plan and conditionally approved disclosure statement, an approved ballot to accept or reject the plan, and the order conditionally approving the disclosure statement to all creditors, equity security holders, and other parties in interest as provided in Local Rule 2002-1(b), and file proof of transmittal.

(d) OBJECTIONS. Local Rule 9013-2(b)-(e) 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.  Any such objections shall be filed and served not later than seven days before the confirmation hearing.

(a) PRECONFIRMATION MODIFICATION.  The proponent of a plan in a chapter 11 case may file a modified plan anytime before confirmation.  

(b) POSTCONFIRMATION MODIFICATION.  A request to confirm a modified plan after confirmation shall be made by motion.  The movant shall give notice of the hearing on the motion to each entity listed in Local Rule 9013-3(a)(2).  

(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]

(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.

(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.

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.

(a) ELECTRONIC FILING. Attorneys admitted to the bar of this court who wish to file documents with the court, attorneys representing the United States Trustee, and trustees must register as Filing Users.  Once so registered, Filing Users shall electronically file all documents required to be filed with the court in connection with any case or proceeding, except in exceptional circumstances preventing electronic filing.

(b) REGISTRATION AND RESPONSIBILITIES OF FILING USERS.  Registration as a Filing User of the court's Electronic Case Filing System is in a form prescribed by the clerk and requires the Filing User's name, address, telephone number, bar identification number if applicable, and a primary e-mail address at which the Filing User wishes to receive CM/ECF notification.   

(c) PRO SE FILINGS.  An unrepresented individual may file documents electronically only with the permission of the clerk of court.

(d) 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.

(e) 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.

(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 transmitted to the debtor, the debtor's attorney and the United States Trustee. 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.

(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.

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 give notice to each entity receiving notice of the hearing of such continuance and the date for the rescheduled hearing.

(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 giving notice of the proposed disposition only to 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) Notice. Notice shall be given not later than fourteen days before the date set for the proposed disposition. Along with the original notice, the trustee shall also transmit to the United States Trustee 1) a proposed certificate approving use of limited notice and the proposed disposition and 2) proof of transmittal 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 transmittal.

    (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 transmitted 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 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.

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 give notice of the proposed abandonment to the Environmental Protection Agency and the Attorney General for the state where the property is located.

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

(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.

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.

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 8021, 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.

(a) MOVING DOCUMENTS.  Notwithstanding Local Rule 9006-1, and unless otherwise provided in any applicable case management order or scheduling order, moving documents for summary judgment in an adversary proceeding or contested matter shall be filed and served not later than twenty-eight 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.  

(b) RESPONSIVE DOCUMENTS.  Any responsive documents shall be filed and served not later than fourteen days before the hearing date.

(c) REPLY DOCUMENTS.  A reply, if any, by the moving party or other interested persons to any responsive documents shall be filed and served not later than seven days before the hearing date.  Such reply shall be limited to new legal or factual matters raised by any responsive documents.

(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).

(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.

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.

(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) NON-FILING USERS. Where service, notice, transmittal or mailing of a document on a non-Filing User is required, proof thereof 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.

(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.

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

(b) ELECTRONIC SIGNATURES - FILING USERS. Electronically filed documents must include a signature block setting forth the name, address, email address, telephone number and attorney bar registration number, if applicable, of the Filing User.  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 the non-attorney employee's 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; or (3) chapter 11, 12 or 13 plan or modified 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.

(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 day of the week and 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, if facts are at issue, an affidavit, and a proposed order. 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.

(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 on 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.

(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.

(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.

(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 transmit a notice pursuant to Local Rule 2002-4(b) no earlier than twenty-nine days after entry of the judgment, unless the court orders otherwise.

Fed. R. Bank. P. Reference 7054.

(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 ____.
 

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.