LR 1001. TITLE; SCOPE OF RULES.
(a)
Title.
These rules constitute the Local Rules of
Practice of the United States District Court,
District of Nevada. This part governs cases and
proceedings before the United States Bankruptcy
Court of this district. These rules may be cited
as “LR ”.
(b)
Applicability of local bankruptcy
and district court rules.
(1)
The Federal Rules of Bankruptcy Procedure and
these local rules govern procedure in all
bankruptcy cases and proceedings in the District
of Nevada. Except for those matters contained in
Part IA of the Local Rules of Practice for the
United States District Court for the District of
Nevada, no other local rules of practice of the
United States District Court for the District of
Nevada apply.
(2)
All cases and proceedings within the bankruptcy
jurisdiction of the courts are referred to the
bankruptcy judges. Except as provided in LR
8001,
et seq.,
these local rules shall not apply to bankruptcy
proceedings in the district court.
(3)
These rules supplement or, as permitted, modify
the Federal Rules of Bankruptcy Procedure and
shall be construed to be consistent with the
Federal Rules of Bankruptcy Procedure and to
promote the just, efficient and economical
determination of every action and proceeding.
(4)
These rules become effective December 1, 2000,
and shall govern all actions and proceedings
pending or commenced on or after that date.
(c)
General and special orders,
guidelines, and policy statements.
(1)
These rules may be amended subsequent to their
effective date by administrative order of the
court. There may be other matters relating to
internal court administration that, in the
discretion of the court
en
banc,
may be accomplished through the use of general
orders. The clerk shall maintain copies of such
orders, guidelines, and policy statements that
relate to practice before this court and shall
make copies available upon request and the
payment of a nominal charge.
(2)
As of the date of adoption of these rules, all
administrative orders shall be superseded by
these local rules. All future administrative
orders shall be categorized by the year of
adoption and numbered consecutively.
(d)
Procedures outside the rules.
These rules are not intended to limit the
discretion of the court in any respect. The
court may, upon a showing of good cause, waive
any of these rules, or make such additional
orders as it may deem appropriate and in the
interests of justice.
(e)
Sanctions for noncompliance with
rules.
Failure of counsel or of a party to comply with
these rules, with the Federal Rules of Civil
Procedure or with the Federal Rules of
Bankruptcy Procedure, or with any order of the
court may be grounds for imposition of any and
all sanctions, including, without limitation,
the imposition of monetary sanctions.
(f)
United States Trustee Guidelines.
The United States Trustee may, from time to
time, issue guidelines regarding all matters in
or relating to cases under title 11 of the
United States Code. Copies of such guidelines
shall be available from the United States
Trustee upon request.
LR 1002.
PETITION - GENERAL.
(a)
Number of copies.
(1)
The clerk of the court shall maintain a list of
copy requirements which will specify the minimal
number of copies to be submitted for filing. The
clerk of the court may from time to time revise
the list of copy requirements. When revised, the
list of copy requirements shall be reissued in
full with a notation of the effective date of
the revision. Copies of the list of copy
requirements shall be available from the clerk
of the court upon request, and shall be posted
on the court's web site at www.nvb.uscourts.gov.
(2)
In all cases in which the Internal Revenue
Service is listed as a creditor, and in all
chapter 11 cases, one additional copy of all
petitions, lists, schedules, statements, and
amendments thereto, and one additional copy of
all chapter 11, 12 or 13 plans, shall be filed.
(3)
If the filer wishes to receive a file-stamped
copy of any petition, list, schedule, statement,
and amendment thereto, or pleading or other
paper submitted for filing, such person shall
submit one additional copy and, if by mail, a
self-addressed, postage paid envelope.
(4)
Notwithstanding this rule, upon request from the
clerk a person shall furnish to the clerk
additional copies in any particular case or
proceeding as requested.
(b)
Additional documents.
When a voluntary petition is filed by a
corporation, there shall be attached to the
petition as an exhibit a true copy of the
resolution of the petitioner's board of
directors authorizing the filing of the
petition.
(c)
Debtor's duty to notice other
courts of the filing of bankruptcy petition.
Within fifteen (15) days after filing a
bankruptcy petition, the debtor shall serve a
notice of the commencement of the bankruptcy
case on the clerk of any court where any claim
or cause of action is pending against, or on
behalf of, the debtor. The debtor or debtor's
counsel shall file evidence of service of the
notice with the bankruptcy court within five (5)
days after service is completed.
(d)
Disclosure statement.
In addition to other documents required to be
filed, any non-governmental non-individual
debtor shall file with the petition, or within
fifteen days thereafter, a statement identifying
all “affiliates” and “insiders” (as defined in
11 U.S.C. § 101(2),(31)). Counsel have an
ongoing obligation to supplement their
disclosure consistent with this rule if there is
any change in the identification of parties.
LR 1003.
JOINDER OF PARTIES IN INVOLUNTARY CASE; NOTICE.
Upon the debtor's filing of an answer averring
the existence of twelve (12) or more creditors,
the creditor(s) filing the involuntary petition
shall serve a copy of the petition, the answer,
and a notice to each such creditor. The notice
shall specify that the creditor may join in the
petition before the hearing date held thereon.
LR 1004.
PETITION - PARTNERSHIP.
When a voluntary petition is filed by a
partnership, evidence of the consent of all
general partners shall be attached to the
petition unless other than unanimous consent is
permitted by a written partnership agreement. In
the event that the partnership agreement allows
other than unanimous consent, a declaration to
that effect will be attached to the petition.
LR 1005.
PETITION - CAPTION.
The
name, Nevada state bar number, address and
telephone number of the attorney and any
associated attorney appearing for the party
filing the petition, or the name, address and
telephone number of a party appearing
in
pro se;
and the chapter of the Bankruptcy Code under
which the case is filed shall be included upon
the first page and/or second page of every
petition presented for filing.
LR 1006.
FILING FEE; PAYMENT OF
FILING FEE IN INSTALLMENTS.
Applicants for Permission to Pay Filing Fees in
Installments by individuals shall provide that
an initial payment of no less than fifty dollars
($50) shall be made within forty-eight (48)
hours of the filing of the petition, a second
payment of no less than fifty dollars ($50)
shall be made within thirty (30) days after the
filing of the petition, and the balance of the
filing fee shall be paid within sixty (60) days
after the filing of the petition. Any
application requesting payments to be made in a
different manner shall be supported by an
affidavit describing special circumstances.
LR 1007.
LISTS, SCHEDULES AND
STATEMENTS; MAILING
- LIST OR
MATRIX.
(a)
Number of copies.
See in LR_1002(a).
(b)
Master mailing matrix.
(1)
Duty to prepare.
The debtor shall file a master mailing list on a
form approved by the clerk. Upon receipt of the
master list, the clerk shall enter the filing
date.
(2)
Form and content.
The following information shall be contained in
the master mailing matrix:
(A)
The debtor's name and address and that of the
debtor's attorney shall be stated as the first
and second items, followed by a list of the
names and addresses of creditors, either
alphabetically or alphabetically by category,
including those parties to pending lawsuits
indicated on the Debtor's Statement of Financial
Affairs, and those additional parties and
governmental entities specified in LR 2002;
(B)
All addresses shall include zip codes;
(C)
If the debtor is a partnership or a corporation,
the names and addresses of all general partners
or corporate officers shall be listed; and
(D)
A declaration by the debtor attesting to the
completeness and correctness of the list.
(3)
Amendment.
A supplement to the master list shall be
submitted with the filing of any amended
schedule of creditors. The supplement shall not
otherwise repeat those creditors set forth in
the master list, but shall list only the
following information:
(A)
The complete names and addresses of additional
creditors and corrections to the master list,
together with the bankruptcy case number, and
the date on which the creditor was added to the
master list; and
(B)
The complete names and address of any party
requesting special notice together with the
bankruptcy case number, and the date on which
the creditor was added to the master list.
(4)
Accuracy.
Accuracy and completeness in preparing the
master list and any supplement thereto is the
responsibility of the debtor and the debtor's
attorney. The clerk shall not be required to
compare the names and addresses of the creditors
listed in the schedules with the names and
addresses shown on the master list or
supplement.
(5)
Noticing.
Any party who mails a notice to creditors and
parties in interest shall have the
responsibility of comparing the names and
addresses listed on the master mailing matrix to
the names and addresses shown on the schedules,
amendments to schedules, requests for special
notices, any related adversary files and any
proofs of claim filed by creditors to ensure the
accuracy and completeness of the master mailing
matrix prior to the mailing of any such notice.
(6)
Special notice matrix.
Counsel for the debtor may prepare and file a
“special notice matrix” including the names and
addresses of those entities listed in LR
2002(a)(5) and (6), all secured creditors or
their counsel, the twenty (20) largest unsecured
creditors or their counsel, all professionals
employed in the case, and those entities who
have filed a request for notice.
(c)
Extension of Time.
Any motion to extend the time to file lists,
schedules, and statements must be filed within
the fifteen (15) day time period provided by
Fed. R. Bank. P. 1007, and any such motion will
be set on a hearing date of not less than ten
(10) days notice.
LR 1013. HEARING AND DISPOSITION OF PETITION IN
INVOLUNTARY CASES.
(a)
Setting of trial of involuntary
cases.
Unless a status hearing is set by the clerk upon
the filing of an involuntary petition, the
petitioning creditor shall obtain a hearing date
from the clerk for the trial of a contested
petition and shall immediately notify the debtor
and any creditors identified in the debtor's
answer of the hearing date.
(b)
Effect of default.
If an answer or responsive pleading is not filed
as required by Fed._R._Bank._P._1011, the
petitioning creditor shall, within five (5) days
after such default, submit an order for relief,
or a notice of voluntary dismissal to the court.
If the petitioning creditor fails to file such
an order or notice, the court may dismiss the
case without prejudice.
LR 1015. RELATED CASES.
(a)
Notice of related cases.
Counsel or a debtor who is aware that a case on
file, or about to be filed, is related to
another case that is pending or that was pending
within the preceding six (6) months shall file a
Notice of Related Cases, setting forth the
title, number and filing date of each related
case, together with a brief statement of the
relationship.
(b)
Cases deemed related.
Cases deemed to be related within the meaning of
this rule include the following:
(1)
The debtors are the same entity;
(2)
The debtors are husband and wife;
(3)
The debtors are partners;
(4)
The debtor in one (1) case is a general partner
or majority shareholder of the debtor in the
other case;
(5)
The debtors have the same partners or
substantially the same shareholders; or
(6)
The debtors are affiliated as that term is
defined under 11 U.S.C. § 101(2).
(c)
Reservation of judicial
discretion to deem case as related.
Without limiting the foregoing, the court may
deem the case to be so related as to warrant
being treated as related.
(d)
Assignment to judges.
Unless otherwise directed by the court, related
cases filed at the same time shall be assigned
to one (1) judge. The clerk, whenever apprised
of related cases, and after consultation with
both the previously assigned judge and the
proposed judge, shall cause the second case to
be filed to be reassigned to the judge to whom
the first such case was assigned, unless the
court orders otherwise.
(e)
Nonlimitation of applicability.
Nothing contained herein shall preclude a judge
from assigning any case or adversary proceeding
to another judge.
LR 1016. NOTIFICATION OF DEATH OR INCOMPETENCY.
Upon the death or incompetency of the debtor,
the executor, administrator or guardian of such
debtor shall file a statement with the court of
such fact and shall immediately serve such
statement upon the trustee in a case in which a
trustee is serving, or upon the United States
trustee, if no trustee has been appointed.
LR 1070. JURISDICTION.
(a)
Any case, contested matter, or adversary
proceeding which is referred either
automatically or otherwise to a particular
bankruptcy judge may be heard by any other
bankruptcy judge or by a bankruptcy judge
designated and assigned temporarily to this
district.
(b)
Judges assigned to either division of this court
may travel and hear cases in any official duty
station within the district.
LR 1071. DIVISIONS - BANKRUPTCY COURT.
(a)
The State of Nevada constitutes one (1) judicial
district. For convenience the district is
divided into two (2) unofficial divisions as
follows:
(1)
Southern Division: Clark, Esmeralda, Lincoln and
Nye Counties.
(2)
Northern Division: Carson City, Churchill,
Douglas, Elko, Eureka, Humboldt, Lander, Lyon,
Mineral, Pershing, Storey, Washoe and White Pine
Counties.
(b)
Petitions must be filed in the division in which
venue is based. If a petition is filed in an
incorrect division, the court may,
sua
sponte,
transfer it to the appropriate division, or
retain the case.
LR 1073. ASSIGNMENT OF CASES.
See
LR 1015(d) and LR 5075(a)(1)(A).
LR 2002. NOTICE TO CREDITORS, AND OTHER
INTERESTED PARTIES.
(a)
Notices to parties in interest.
(1)
Any person who files any pleading, written
motion or other paper (hereafter “papers”) which
are required to be noticed for a hearing or
served upon any other party shall mail those
papers and notices to all parties which are
required to be noticed or served. The clerk
shall not mail those notices or papers unless
otherwise ordered by the court.
(2)
Pursuant to the provisions of
Fed._R._Bank._P._2002, the debtor in each
bankruptcy case filed is directed to give the
trustee, all creditors and other parties in
interest, at least twenty (20) days notice by
mail of the Order for § 341 Meeting of Creditors
entered by the court in each bankruptcy case.
(3)
Evidence of the mailing shall be made by the
filing of a certificate or affidavit of service
within five (5) days of mailing.
(4)
Upon failure to provide evidence of the mailing
of the Order for § 341 Meeting of Creditors in
accordance with LR 2002(a)(3), the Court, upon
hearing and notice, may dismiss the case. If the
notice required by LR 2002(a)(2) was not timely
served, and the Court grants an extension of
time to serve the notice, the original
creditor's meeting shall be vacated and a new
date for the meeting of creditors shall be set.
Any motion or request to extend the time to mail
such notice and/or to set aside the dismissal
shall be deemed to be both a waiver of the
deadlines which run from the vacated first date
set for the meeting of creditors and a
stipulation to set such deadlines from the
re-noticed hearing date.
(5)
Any paper which is required to be served or
noticed to all parties shall also be served or
noticed upon the following entities:
(A)
Department of Employment, Training &
Rehabilitation, Employment Security
Division; and
(B)
United States Trustee.
(6)
The person giving notice of a matter that
requires notice to all creditors and all parties
in interest in a chapter 11 case shall in
addition to giving notice as required by
paragraph (5) of this rule, give notice to:
(A)
Internal Revenue Service
District Director
Attention: Bankruptcy Unit;
(B)
Nevada Department of Taxation
Bankruptcy Division; and
(C)
State of Nevada, Department of Motor Vehicles &
Public Safety,
Registration Division, Motor Carrier Bureau
(7)
The person giving notice of a matter that
requires notice to all creditors and parties in
interest in a chapter 12 case shall, in addition
to giving notice as required by subsection (5)
of this rule, give notice to:
(A)
U.S. Department of Agriculture,
Rural Housing Service (USDA, CSC); and
(B)
Nevada Department of Taxation
Bankruptcy Division.
(8)
Unless otherwise requested by the United States
trustee or waived in the United States Trustee
Guidelines, all documents filed by the debtor or
party in interest with the United States
Bankruptcy Court, other than proofs of claim,
shall be served contemporaneously upon the
United States trustee.
(b)
Notice to creditors whose claims
have been filed.
After the expiration of a claims bar date in a
chapter 7 case, all notices required by
Fed._R._Bank._P._2002(a) may be mailed only to
the debtor, the trustee, all indenture trustees,
creditors that hold claims for which proofs of
claim have been filed with the clerk and to
creditors, if any, that are permitted to file
claims by reason of an extension granted
pursuant to Fed._R._Bank._P._3002(c) (1) or
(c)(2).
(c)
Manner of clerk's notice to
United States trustee and trustees.
The clerk is authorized to serve the United
States trustee and all trustees by transmitting
a copy of any petition, pleading or paper for
pickup by those persons and/or governmental
unit. Such transmittal may be made by depositing
any such petition, pleading or paper into a
designated box located in the clerk's office,
which conditions for pickup may be changed from
time to time at the clerk's discretion. The
clerk's deposit of such transmittal is deemed to
be receipt thereof, and it is the sole
responsibility of such persons and/or
governmental unit to collect these transmittals.
(d)
Manner of clerk's notice to
attorneys.
The clerk is authorized to serve any attorney,
or any party represented by an attorney, by
placing a copy of any petition, pleading,
notice, order or other paper in a designated
location in the clerk's office. The clerk shall
prescribe the conditions for pickup which may be
changed from time to time at the clerk's
discretion. The clerk's deposit of such pleading
is deemed to be receipt thereof and will be made
only to the submitting attorney shown in the
caption of the paper. In accordance with LR
9022, such attorney shall serve all other
parties.
LR 2003.
MEETINGS OF CREDITORS
AND EQUITY SECURITY
HOLDERS.
A
motion to waive the appearance of the debtor
shall state that the United States trustee and
the trustee in a chapter 7, 12 or 13 case have
been contacted, and whether there is an
objection to such waiver.
LR 2004.
DEPOSITIONS AND
EXAMINATIONS.
(a)
Request for examination.
All requests for orders pursuant to
Fed._R._Bank._P._2004 shall be made by motion
and shall be accompanied by a proposed order.
(b)
Order for examination.
Orders for examination may be signed by the
clerk if the date set for examination is more
than ten (10) business days from the date such
motion is filed. If examination is requested on
less than ten (10) business days notice, such
motion shall include a statement as to whether
or not the examination date has been agreed
upon, or if no agreement has been reached, why
examination on less than ten (10) business days
notice is requested.
LR 2010.
TRUSTEES - BONDS/SURETY.
(a)
Blanket bond coverage.
Trustees covered by the blanket bond applicable
to the United States Trustee Region 17 and the
District of Nevada shall pro rate the cost of
the annual bond premium as to those asset
estates held by the trustee at the time the bond
premium is due and shall pay such pro rata share
from each estate.
(b)
Increase in bond premium.
Any increase in the amount of the bond required
in an individual case which results in an
increase in the bond premium for that specific
case shall be paid by the trustee from the
assets of that specific case.
(c)
Payment of bond premiums.
All such bond premiums shall be paid by the
trustee on or before the due date of such bond
premium.
(d)
Maintenance of original bonds.
The United States trustee shall maintain all
original bonds covering the trustees, and shall
provide a copy to the clerk for purposes of
maintaining the court's record.
LR 2015.
TRUSTEES - GENERAL.
Without altering the priorities established
under 11 U.S.C. § 507, or creating a
superpriority, a trustee or debtor who operates
a business shall pay all taxes, fees, charges,
or other required payments to governmental
entities on a timely basis, except where
otherwise ordered.
LR 2016.
COMPENSATION OF
PROFESSIONALS.
The
court, each chapter 13 standing trustee (upon
approval by the court), or the United States
trustee may, from time to time, issue guidelines
for fee applications. Unless otherwise ordered
by the court, these guidelines must be observed.
Copies of guidelines for fee applications shall
be available upon request from the issuing
entity.
LR 3001.
CLAIMS AND EQUITY SECURITY INTERESTS - GENERAL.
(a)
Form and Content.
Each proof of claim must clearly state the
chapter of the Bankruptcy Code under which the
case is pending at the time the claim is filed.
(b)
Transferred Claims.
(1)
Each proof of claim for a transferred claim must
clearly state on the face of the claim form,
immediately adjacent to the bankruptcy case
number, that (1) the claim has been “transferred
other than for security” or (2) the claim has
been “transferred for security.”
(2)
Each claimant who files a proof of claim for a
transferred claim shall prepare and provide to
the clerk, contemporaneously with the filing of
the proof of claim, the notice which is required
to be mailed by Fed. R. Bank. P. 3001(e)(2),
3001(e)(3), or 3001(e)(4).
LR 3002. FILING OF PROOF OF CLAIM.
(a)
Copies and Service.
An original and one (1) copy of a proof of claim
shall be filed in a chapter 12 or chapter 13
case. In all other cases, an original proof of
claim shall be filed. If a creditor wishes to
receive a file-stamped copy of such proof of
claim, the creditor shall submit an additional
copy to be returned to the creditor and if by
mail, include a self-addressed, postage paid
envelope. The clerk may request additional
copies at any time. The creditor shall serve a
copy of such proof of claim on debtor's
attorney, or on the debtor if the debtor is not
represented by an attorney.
(b)
Claim arising from rejection of
executory contract or unexpired lease.
The time for filing a proof of claim arising
from the rejection of an executory contract or
unexpired lease of the debtor under 11 U.S.C. §
365(d) is fixed at not later than ninety (90)
days after the first date set for the meeting of
creditors called under 11 U.S.C. § 341(a),
unless otherwise ordered by the court.
LR 3003. FILING PROOF OF CLAIM OR EQUITY
INTEREST IN CHAPTER 11
Unless
otherwise ordered by the court, and as provided
by 11 U.S.C. § 502(b)(9), a proof of claim in a
chapter 11 case shall be filed within ninety
(90) days after the date first set for the
meeting of creditors held pursuant to 11 U.S.C.
§ 341(a). The notice of the order setting the
date for the first meeting of creditors shall
also provide a bar date for filing claims.
LR 3004.
NOTICE OF FILING OF CLAIMS BY DEBTOR OR TRUSTEE.
Unless otherwise ordered by the court, the
debtor or trustee shall, upon filing of a claim
pursuant to Fed._R._Bank._P._3004, serve notice
of the filing of such a claim on all creditors,
the debtor and the trustee. The notice of filing
shall include a copy of the claim or a statement
of the amount and classification of the claim
and the date of filing of the claim by the
debtor or trustee.
LR 3007. CLAIMS - OBJECTIONS.
(a)
Form of objection.
An objection to claim is a contested matter
governed by LR 9014. In addition, the following
procedures shall apply:
(1)
The objection must identify the holder of the
claim, the amount of the claim and the date the
claim was filed;
(2)
The objection must contain a statement setting
forth the grounds for the objection; and
(3)
Unless grounds are stated for objecting to the
entire claim, the objection must state the
amount of the claim which is not in dispute.
(b)
Responses to objection to claims.
If an objection to a claim is opposed, a written
response must be both filed and served upon the
objecting party at least five (5) days prior to
the scheduled hearing so that the objecting
party has five (5) business days notice of the
response.
(c)
Hearing on objections.
If a written response is not timely filed and
served, the objection may be granted by the
court without calling the matter and without
receiving arguments or evidence. If a response
is timely filed and served, the initial hearing
may be treated by the court as a status and
scheduling hearing.
(d)
Bar date for filing objections to
claims in chapter 11 cases.
Unless otherwise extended by order of the court,
all objections to claims in a chapter 11 case
must be filed within sixty (60) days after entry
of an order confirming a chapter 11 plan.
(e)
Objections to claims in chapter
13 cases.
(1)
Trustee guidelines for resolution
of claim disputes.
(A)
Each chapter 13 standing trustee, upon approval
of the court, may issue guidelines for the
resolution of claim disputes in chapter 13
cases. Unless otherwise ordered by the court,
the guidelines prescribed by the trustee must be
observed; and
(B)
The standing trustees may from time to time
revise the guidelines. When revised, the
guidelines shall be reissued in full with a
notation of the effective date of the revision.
(2)
Copies of guidelines.
(A)
Copies of the guidelines shall be available from
each trustee upon request; and
(B)
Each trustee shall maintain a mailing matrix of
all persons requesting copies. Upon any
revision, the standing trustee shall mail a copy
of the reissued guidelines to each person on the
matrix.
LR 3010.
DIVIDENDS - SMALL (Chapter 13 Cases).
In
a chapter 13 plan, the trustee may disburse
funds to creditors receiving a pro rata share
distribution regardless of dollar amount.
LR 3011.
UNCLAIMED FUNDS.
(a)
Procedure for requesting payment.
(1)
Any entity seeking the payment of unclaimed
funds shall file with the clerk a written
application on forms prescribed by the clerk and
submit the prescribed fee. The applicant shall
disclose at a minimum the following:
(A)
The service(s) rendered by any asset recovery
firm, also known as fund locators;
(B)
Any agreement of commission, fees, compensation
or reimbursement of expenses; and
(C)
The amount(s) requested.
(2)
In no event may any commission, fee,
compensation or reimbursement of expenses exceed
fifty percent (50%) of the claim dividend sought
to be recovered. Procedures and forms for the
filing of an application shall be available upon
request from the clerk.
(b)
Order.
The clerk shall not process a payment from the
unclaimed funds account without receiving a
written order of the court and the prescribed
fee.
LR 3015.
CHAPTER 13 PLAN AND CONFIRMATION.
(a)
Standard form of chapter 13 plans
and orders confirming chapter 13 plans.
Upon approval of the court, each chapter 13
standing trustee may issue a form chapter 13
plan and a form order for confirming a chapter
13 plan. Unless otherwise ordered by the court,
the format prescribed by the trustee must be
observed. The standing trustees may from time to
time, upon approval of the court, revise the
form plans and orders. When revised, the form
plans and orders shall be reissued with a
notation of the effective date of the revision.
(b)
Chapter 13 plan guidelines.
Each chapter 13 standing trustee may issue
guidelines for the administration of chapter 13
plans. The guidelines will set forth positions
which will generally be followed by the trustee
in the administration of plans. The guidelines
may also set procedures for the scheduling of
confirmation hearings, filing objections to
confirmation and submitting orders confirming
chapter 13 plans. The standing trustees may from
time to time, revise the guidelines. When
revised, the guidelines shall be reissued in
full with a notation of the effective date of
the revision.
(c)
Copies of forms and guidelines.
Copies of the form plan, the form order
confirming a chapter 13 plan, and guidelines
shall be available from each trustee upon
request. Each trustee shall maintain a mailing
matrix of all persons requesting copies. Upon
any revision, the standing trustee shall mail a
copy of the reissued plan and guidelines to each
person on the matrix.
(d)
Extension of time.
Any motion to extend the time to file a plan
must be filed within the fifteen (15) day time
period provided by Fed. R. Bank. P. 3015(b), and
any such motion will be set on a hearing date of
not less than ten (10) days notice.
LR 3016.
CHAPTER 11 PLAN AND
DISCLOSURE STATEMENTS.
(a)
Filing and hearing.
An original plan and three (3) copies shall be
submitted in a chapter 11 case. If a chapter 11
plan has not been filed or approved within six
(6) months after commencement of the case, the
debtor in possession must file a report with the
court explaining why a plan has not been filed
or approved and setting forth a time frame for
filing and hearing the disclosure statement and
plan confirmation. Thereafter, the report must
be updated on a quarterly basis.
(b)
Failure of compliance.
Failure to comply with the provisions of this
rule may be grounds for conversion or dismissal
of the case.
(c)
Small business chapter 11
reorganization cases.
In a chapter 11 reorganization case, a debtor
that qualifies as a small business as defined by
11 U.S.C. § 101(51C) may elect to be considered
a small business by filing a written statement
of election no later that sixty (60) days after
the date of the order for relief pursuant to
Fed. R. Bank. P. 1020 or by a later date as the
court, for cause, may fix. If an election is
made, the procedure for approval of disclosure
statements shall be conducted pursuant to Fed.
R. Bank. P. 3017.1.
(d)
Expedited chapter 11 procedures.
Notwithstanding a failure to make an election
under Fed. R. Bank. P. 1020 discussed in
subsection (c) of this rule, the court may,
sua sponte,
or at the suggestion of or on
ex parte motion
by the plan proponent, the United States
trustee, the trustee, or any party in interest,
enter an order in any chapter 11 case
implementing expedited confirmation procedures,
including but not limited to:
(1)
Early deadlines for submitted plans and
disclosure statements;
(2)
Conditional approval of disclosure statements
without hearing; and
(3)
Combine a hearing on the conditionally approved
disclosure statement and confirmation of plan in
a single hearing.
(e)
Procedure for requesting
conditional approval of disclosure statement.
The plan proponent may file an
ex parte motion
for conditional approval of the disclosure
statement, with the hearing on the adequacy of
the disclosure statement to be combined with the
hearing on confirmation. Such application must
be accompanied by a certificate of counsel
stating: (1) the circumstances which favor the
preliminary approval of the disclosure
statement; (2) the total number of creditors,
value of assets and amount of claims as
reflected in the debtor's schedules; and (3)
that the proposed disclosure statement contains
the information required by LR 3016(f). The
notice regarding hearing on a conditionally
approved disclosure statement combined with
confirmation of a plan shall make clear that
creditors and parties in interest may object to
the conditionally approved disclosure statement
as permitted by Fed. R. Bank. P. 3017.1.
(f)
Contents of disclosure statement.
The disclosure statement should include, at a
minimum:
(1)
A statement regarding the debtor's background,
ownership, and pre-bankruptcy operating and
financial history;
(2)
A discussion of the reason for the bankruptcy
filing;
(3)
A summary of proceedings to date in the
bankruptcy case;
(4)
A summary of assets;
(5)
A description of unclassified claims, including
estimated amounts of administrative and priority
claims;
(6)
A description of claims by class, including an
estimate of the amount of claims in each class
as reflected by the schedules and proofs of
claim on file;
(7)
A summary of the treatment of unclassified and
classified claims under the proposed plan;
(8)
A summary of the treatment of executory
contracts under the proposed plan;
(9)
A liquidation analysis;
(10)_A statement as to how the proponent intends
to achieve the payments proposed; and
(11)_The disclosures required by 11 U.S.C. §
1129(a)(5).
LR 3018.
BALLOTS - VOTING ON PLANS; ACCEPTANCE/REJECTION
OF PLANS.
(a)
Filing of ballot summary.
The proponent of a chapter 11 plan shall:
(1)
File a Certification of Acceptance and Rejection
of Chapter 11 Plan (ballot summary) no later
than one (1) business day prior to the hearing
on confirmation of the plan. The ballot summary
must be signed by the plan proponent and must
certify to the court the amount and number of
allowed claims of each class accepting or
rejecting the plan and the amount of allowed
interests of each class accepting or rejecting
the plan; and
(2)
Have all of the original ballots available at
the hearing for inspection and review by the
court and any interested party.
(3)
In addition to the above requirements, the
presiding judge may order the filing of an
amended ballot summary with the original ballots
attached thereto.
(b)
Duty of plan proponent.
It is the responsibility of the plan proponent:
(1)
To tabulate the ballots of those accepting and
rejecting the plan; and
(2)
In the event the original ballots are not filed
with the court, to maintain those original
ballots for a period of not less than one (1)
year.
LR 3019.
CHAPTER 11 - AMENDMENTS TO PLANS.
At
the hearing on confirmation of a chapter 11
plan, the court may consider modifications to
the plan. Such modifications may be incorporated
in the order confirming the plan. Any notice of
a confirmation hearing under Fed. R. Bank. P.
2002(b) shall provide notice that such
modifications may be considered at the
confirmation hearing.
LR 3020.
CHAPTER 11 - CONFIRMATION.
(a)
Order confirming plan.
In addition to the requirements of Fed. R. Bank.
P. 3020(c), the order confirming a chapter 11
plan shall contain the following provisions:
(1) “Until the entry of the final
decree, the debtor shall file with the
clerk, not later than twenty (20) days
after the end of the calendar quarter
which occurs after the entry of this
order, and every six (6) months
thereafter, a report of the action taken
by the reorganized debtor and the
progress made toward consummation of the
confirmed plan. Said report shall
include, at a minimum, the following
information:
(A) A
schedule of any personal property
costing more than $5,000 and any real
property acquired, sold or disposed of
since confirmation of the plan and the
price paid for each;
(B) A
schedule listing each debt, the total
amount required to be paid under the
plan, the amount required to be paid to
date, the amount actually paid to date,
and the amount unpaid;
(C) A
schedule of executory contracts entered
into after plan confirmation;
(D) A
statement listing each postpetition tax (i.e.,
income, payroll, property, sales), and payee and
the amount actually paid;
(E)
The progress toward completion of the confirmed
plan and a list and status of any pending
adversary proceedings or motion and resolution
expected; and
(F)
A statement regarding the status of payment of
both pre-confirmation and post confirmation
United States trustee quarterly fees.
Pursuant to LR 3022, a final decree may
be entered on
.”
(b)
Report(s) by debtor required in order confirming
plan.
Failure to timely file the initial and
subsequent reports may constitute cause pursuant
to 11_U.S.C._§_1112(b) for conversion to a case
under chapter 7 or for dismissal.
LR 3022.
CHAPTER 11 - FINAL REPORT/DECREE.
Unless otherwise provided in the plan or by
order of the court, or there are pending
contested matters or adversary proceedings, a
case shall be deemed to be fully administered
six (6) months after confirmation of a plan and
a final decree may thereafter be entered by the
clerk.
LR 4001.
AUTOMATIC STAY - RELIEF
FROM; CASH
COLLATERAL.
(a)
Motions for relief from automatic
stay.
(1)
Unless otherwise ordered by the court, hearings
on matters under 11_U.S.C._§§_362(d) and 363(e)
shall be held on not less than twenty (20) days
notice. Notice of a Motion for relief from
automatic stay must be served upon any lien
holder who has requested notice pursuant to
state law.
(2)
All motions for relief from the automatic stay
shall have attached as Exhibit A a § 362
information sheet, which shall be signed by
counsel and/or the moving party. All pleadings
or papers shall contain a motion control number
assigned by the clerk.
(3)
It shall be the duty of the party seeking relief
from the automatic stay to set a hearing within
thirty (30) days of the filing of the motion.
Failure to do so shall be deemed a waiver of 11
U.S.C. § 362(e). Any stipulation to continue
such motion, or any continuance sought by the
moving party, shall, unless otherwise ordered by
the court, constitute a waiver of the provisions
of 11 U.S.C. § 362(e). Any opposition must be in
conformance to LR 9014.
(4)
Unless otherwise ordered by the court, a
properly completed § 362 information sheet will
satisfy the requirements for a statement of
facts and legal memorandum in cases under
chapters 7 and 13.
(5)
Motions for relief from stay will not be
considered unless moving counsel certifies that
an attempt has been made to confer with
debtor(s)' counsel, or with debtor(s) if in
proper person, no later than two (2) business
days prior to the filing of the motion, and that
after sincere effort to do so, counsel has been
unable to resolve the matter without court
action. Said certification will be set forth in
the § 362 information sheet.
(b)
Motions for use of cash
collateral or to obtain credit.
Motions for use of cash collateral or to obtain
credit to be heard on less than twenty (20) days
notice shall be accompanied by affidavits of the
moving party setting forth the nature and extent
of the immediate and irreparable harm which will
result in the event the request is not granted
and will conform with the requirements to obtain
an order shortening time in conformity to LR
9006.
(c)
Motion for interim orders or
approval of agreements.
Motions for orders under
Fed._R._Bank._P._4001(d) or approval to pay or
honor pre-petition debts or transactions shall
state with particularity the magnitude of the
proposed transaction involving property of the
estate and its impact upon unsecured creditors
of the estate. Where the debtor seeks to pay
pre-petition obligations, the motion shall
identify the relative priority of the claim as
if it were not paid. All orders approving
interim transactions must contain the following
provision: “PAYMENTS AUTHORIZED BY THIS ORDER
ARE NOT EXEMPT FROM SUBSEQUENT OPERATION OF
11_U.S.C._§§_547, 548, 549 and 550.”
LR 4003. EXEMPTIONS.
(a)
Objection to exemptions.
Objections to exemptions must specifically state
the grounds supporting the objection.
(b)
Hearing.
The objecting party shall set a hearing on not
less than twenty (20) days notice to the debtor,
the debtor's attorney, and the trustee, or the
United States trustee in a chapter 11 case.
LR 4004.
DISCHARGE - NOTICE.
The
debtor or debtor's attorney shall serve by mail
the trustee, all creditors and other parties in
interest a copy of the Order of Discharge of
Debtor within ten (10) days after the entry of
the Discharge of Debtor. Evidence of the mailing
shall be made by the filing of a certificate or
affidavit of service within five (5) days of
mailing.
LR 4007.
DETERMINATION OF DISCHARGEABILITY OF A DEBT.
(a)
Form order setting deadline for filing a
complaint pursuant to 11 U.S.C. § 523(c) and
Fed. R. Bank. P. 4007(d). When the debtor or
debtor's attorney submits a motion for a
hardship discharge under 11 U.S.C. § 1328(b)
pursuant to Fed. R. Bank. P. 4007(d), the debtor
or debtor's attorney shall also submit a form
order fixing a time for the filing of a
complaint to determine the dischargeability of
any debt pursuant to 11 U.S.C. § 523(c).
(b)
Notice of deadline for filing a complaint
pursuant to 11 U.S.C. § 523(c). The debtor or
debtor's attorney shall give the notice required
by Fed. R. Bank. P. 4007(d) within ten (10) days
after the entry of the order fixing a time for
the filing of a complaint to determine the
dischargeability of any debt pursuant to 11
U.S.C. § 523(c). Evidence of the mailing shall
be made by the filing of a certificate or
affidavit of service within five (5) days of
mailing.
LR 5001.
CLERK - OFFICE LOCATION/HOURS.
(a)
Clerk's office.
The clerk of the court shall maintain offices at
Las Vegas for the Southern Division and at Reno
for the Northern division of the court, which
offices shall be open for public transaction of
business from 9:00 a.m. until 4:00 p.m., Monday
through Friday of each week, legal holidays
excepted. The clerk may institute administrative
procedures for filing pleadings and papers; and,
in an emergency, shall on request transact
public business at other times as may from time
to time be necessary. The mailing address and
location of the office of the clerk is:
(1)
Southern Division:
Clerk, U.S. Bankruptcy Court
The
Foley Federal Building
300
Las Vegas Blvd. South, Room 2130
Las
Vegas, Nevada 89101
(2)
Northern Division:
Clerk, U.S. Bankruptcy Court
The
C. Clifton Young Federal Building
and
U.S. Courthouse
300
Booth Street, Room 1109
Reno, Nevada 89509
LR 5003.
COURT PAPERS - REMOVAL OF; CLAIMS - REGISTER.
(a)
Files and records.
All files and records of the court shall remain
in the custody of the clerk, and no record or
paper belonging to the files of the court shall
be taken from the custody of the clerk without
written permission of the court and then only
after a receipt has been signed by the person
obtaining the record or paper.
(b)
Exhibits.
(1)
The clerk shall have custody of all exhibits
marked for identification or admitted into
evidence during any proceeding.
(2)
The court may order original exhibits to be
returned to the party who offered the same upon
the filing of true copies thereof in place of
the originals.
(3)
Unless otherwise ordered by the court, the clerk
shall retain custody of the exhibits until the
judgment has become final and after the time for
filing a notice of appeal and motion for a new
trial has passed, or appeal proceedings have
been terminated.
(4)
Upon the expiration of the time to take an
appeal from any appealable order or judgment,
any party may, upon twenty (20) days prior
written notice to all parties, withdraw any
exhibit originally produced by it unless some
other party or person files prior notice with
the clerk of a claim to the exhibit. If such
notice of claim is filed, the clerk shall not
deliver the exhibit except with the written
consent of both the party who produced it and
the claimant, or until the court has determined
the person entitled thereto.
(5)
Upon the expiration of the time to take an
appeal from any appealable order or judgment,
the clerk may, upon twenty (20) days notice,
destroy any exhibit not claimed by the parties.
If no timely request is made for the return of
the exhibits, the clerk may destroy or make
other disposition of the exhibits upon the
closing of the case.
(c)
Claims register.
Unless otherwise ordered by the court, when it
appears that there will be a distribution to
creditors, the debtor in possession or the
trustee shall prepare or make arrangements for
the preparation of the claims register required
by Fed. R. Bank. P. 5003(b). The clerk shall
verify that the Proofs of Claims filed in a case
file have been correctly docketed after
completion of the claims register by a trustee.
LR 5004.
DISQUALIFICATION: DISCLOSURE OF INTERESTED
PARTIES/
AFFILIATES.
(a)
Unless otherwise ordered, in all cases except
habeas corpus cases,
counsel for private (non-governmental) parties
shall upon entering the case file a certificate
listing all persons, associations of persons,
firms, partnerships or corporations known to
have an interest in the outcome of the case
including the names of all parent, subsidiary,
affiliate an/or insider of the named
non-individual parties, as follows:
“Number and Caption of Case
Certificate Required by LR 5004
The
undersigned, counsel of record for
,
certifies that the following have an interest in
the
outcome of this case: (here list the names of
all such
parties including the names of all parent,
subsidiary, affiliate, and/or insider
of
the named non-individual parties, and identify
their interests).
These representations are made to enable
judges of the court to evaluate possible
recusal.
Attorney of Record for
.”
(b)
If there are no known interested parties other
than those participating in the case, a
statement to that effect will satisfy this rule.
(c)
There is a continuing obligation to supplement
in accordance with the provisions of this rule.
LR 5005.
FILING PAPERS - REQUIREMENTS.
Cases shall be filed with the clerk of the
United States Bankruptcy Court for the District
of Nevada at Las Vegas or Reno in accordance
with LR 1071. Once filed, cases shall be
administered, papers and pleadings docketed, and
files retained in the place the case was filed
unless the court orders otherwise.
LR 5007.
RECORD OF PROCEEDINGS AND TRANSCRIPTS.
Any
party ordering transcripts of proceedings will
give five (5) days advance notice to the Clerk
of the need for daily transcripts.
LR 5010. REOPENING CASES.
(a)
Disclosure of payment or
non-payment of fees.
The debtor or other movant filing a motion or
requesting to reopen a bankruptcy case, shall
disclose the payment or non-payment of any fee
owing in the originally filed bankruptcy case,
including any filing fee and/or administrative
fee prescribed by 28 U.S.C. § 1930(a) and by the
Judicial Conference of the United States.
(b)
Payment of fees.
Unless otherwise ordered by the court, the
debtor or other movant shall pay any and all
filing and administrative fees due to the clerk,
including any fees remaining unpaid for the
original bankruptcy case as required by 28
U.S.C. §1930(a) and by the Judicial Conference
of the United States. Payment of such fees are
due immediately upon the filing of the motion or
request to reopen a bankruptcy case.
LR 5011. WITHDRAWAL OF REFERENCE.
(a)
Form of request; place for filing.
A request for withdrawal in whole or in part of
the reference of a case or proceeding referred
to the bankruptcy judge, other than a
sua sponte request
by the bankruptcy judge or the automatic
withdrawal as provided in a jury case by
LR_9015(e), shall be by motion filed timely with
the clerk of the bankruptcy court. All such
motions shall clearly and conspicuously state
that “RELIEF IS SOUGHT FROM A UNITED STATES
DISTRICT JUDGE.”
(b)
Time for filing.
Except as provided in these rules regarding
adversary proceedings and contested matters, a
motion to withdraw reference of a bankruptcy
case in whole or in part shall be served and
filed at or before the time first scheduled for
the meeting of creditors held pursuant to 11
U.S.C. § 341(a). Except as provided in these
rules as to contested matters, a motion to
withdraw reference of an adversary proceeding,
in whole or in part, shall be served and filed
on or before the date on which an answer, reply
or motion under Fed. R. Bank. P. 7012 or 7015 is
first due. A stipulation to extend the time to
answer or otherwise respond to the complaint
does not extend the time for filing the motion
for withdrawal. A motion to withdraw the
reference of a contested matter within a case
shall be served and filed not later than eleven
(11) days after service of the motion,
application or objection which initiates the
contested matter. Notwithstanding the foregoing,
a motion to withdraw the reference may be served
and filed no later than eleven (11) days after
service of any timely filed pleading in which
the basis for the motion first arises.
(c)
Stay.
The filing of a motion to withdraw the reference
does not stay any proceeding in United States
Bankruptcy Court, and Fed. R. Bank. P. 8005
governs.
(d)
Designation of record.
(1)
The moving party shall serve and file, together
with the motion to withdraw reference, a
designation of those portions of the record of
the proceedings in bankruptcy court that the
moving party believes will reasonably be
necessary or pertinent to the district court's
consideration of the motion. Within eleven (11)
days after service of such designation of
record, any other party may serve and file a
designation of additional portions of the
record.
(2)
The original pleadings shall remain in the
custody of the bankruptcy court, unless an order
from a bankruptcy judge or a district court
judge directs the original, official
case/adversary file documents to be forwarded to
the district court.
(3)
Unless otherwise required by the bankruptcy
court or the district court, a reproduction of
pleadings from the court's official
case/adversary file, as designated, shall be
transmitted to the district court.
(4)
The clerk of the bankruptcy court shall request
copies to be provided from the party or parties
designating the record pursuant to LR 5011(d)(1)
and (d)(5). The copies shall be tendered to the
clerk in chronological order within ten (10)
days from the date of the request by the clerk.
If any party fails to provide the clerk with
copies of designated items within ten (10) days
from the date of the request by the clerk, the
clerk may make copies at the expense of the
designating party. All parties shall take any
other action necessary to enable the clerk to
assemble and transmit the record.
(5)
If the record designated by any party includes a
transcript of any proceeding or a part thereof,
that party shall immediately after filing the
designation, deliver to the court recorder and
file with the clerk of the bankruptcy court a
written request for the transcript and make
satisfactory arrangements for payment of its
cost. The parties shall submit only that part(s)
of a transcript of proceedings relevant to the
issues raised on the motion for withdrawal of
reference.
(6)
If the issues involve only questions of law, the
parties may submit an agreed statement of facts
or such part(s) of the record as are relevant to
such questions of law, unless the district judge
considering the motion directs otherwise.
(e)
Responses to motion to withdraw
the reference; reply.
Opposing parties shall file with the clerk of
the bankruptcy court, and serve on all parties
to the withdrawal of reference matter, their
written opposition to the motion to withdraw the
reference within eleven (11) days after service
of the motion. The moving party may serve and
file a reply within eleven (11) days after
service of a response. The parties to any motion
to withdraw reference may consent to the
bankruptcy judge hearing the motion in the first
instance and making proposed findings of fact,
conclusions of law, and recommendations for
disposition of the motion by the district court.
Consent must be in writing and filed with the
clerk of the bankruptcy court no later than the
last day for filing any opposition to the motion
to withdraw reference.
(f)
Transmittal to and proceedings in
United States District Court.
When the record is complete for purposes of
transmittal, but without awaiting the filing of
any transcripts, the clerk of the bankruptcy
court shall promptly transmit to the clerk of
the district court the motion papers and the
portions of the record designated. After the
opening of a docket in district court, documents
pertaining to the matter under review by the
district court shall be filed with the clerk of
the district court, but all documents relating
to other matters in the bankruptcy case,
adversary proceeding or contested matter shall
continue to be filed with the clerk of the
bankruptcy court. Any motion and any
sua sponte request
by the bankruptcy judge to withdraw the
reference shall be referred to the Chief
District Judge or the Chief District Judge's
designee in the district court for decision, but
if the matter is withdrawn it shall be assigned
to a district judge in accordance with the
court's usual system for assigning civil cases,
unless the Chief District Judge determines that
exceptional circumstances warrant special
assignment to a district judge. Upon request of
the district court, the bankruptcy judge shall
determine, pursuant to 28 U.S.C. § 157(b)(3),
whether or not any proceeding, as to which
withdrawal of the reference is sought in whole
or in part, is a core proceeding and may make
findings and recommendations. The district court
may, in its discretion, grant or deny the motion
to withdraw reference, in whole or in part.
After withdrawal, the district court may retain
the entire matter withdrawn, or may refer part
or all of it back to the bankruptcy judge with
or without instructions for further proceedings.
LR 5075. CLERK - DELEGATED FUNCTIONS.
(a)
United States Bankruptcy Court
Clerk.
(1)
Powers and duties delegated to
the clerk.
The clerk of the bankruptcy court shall have the
same rights and powers, shall perform the same
functions and duties and shall be subject to the
same provisions of 28 U.S.C. § 751 as a clerk of
the district court. Pursuant to the provisions
of 28_U.S.C._§_956, the judges of this court
further assign the following powers and duties
to the clerk of the bankruptcy court:
(A)
Assignment of cases and proceedings commenced
under Title 11, United States Code, in
accordance with the provisions of 28 U.S.C. §
157; including the re-assignment of a case to
another bankruptcy judge of the district, upon
the oral or written directive of the judge
assigned to the case; and
(B)
Signing and entering all orders and process
specifically allowed to be signed by the clerk
under Title 28, United States Code, and the
Federal Rules of Civil Procedure as modified by
the Federal Rules of Bankruptcy Procedure. If
the Federal Rules of Bankruptcy Procedure direct
the performance of a duty by the court of the
same type delegated to a clerk in the Federal
Rules of Civil Procedure, the clerk of the
bankruptcy court shall hereafter perform such
duties.
(2)
Specific duties assigned to the
clerk.
Unless otherwise ordered by the court, the clerk
is authorized to sign and enter without further
direction the following orders which are deemed
to be of a ministerial nature:
(A)
Orders specifically appointing persons to serve
process in accordance with Fed._R._Civ._P._4;
(B)
Orders on consent:
(i) Noting
satisfaction of
a judgment,
(ii) Approving
and annulling
bonds filed or
to be released
pursuant to
court order and
exonerating
sureties, or
(iii) Setting
aside a default;
(C) Orders
and notices that establish meeting and hearing
dates required or requested by a party in
interest under Title 11, United States Code,
including orders which fix the last dates for
the filing of objections to discharge and
confirmations of plans, complaints to determine
the dischargeability of debts and proofs of
claim;
(D)
Orders and notices regarding duties of debtors
and debtors in possession;
(E)
Discharge of debtor in a chapter 7 case in which
there is not a pending motion to dismiss under
11 U.S.C. § 707(b) and in which there has not
been a timely filed objection to discharge of
the debtor nor a waiver by the debtor of the
debtor's discharge. Discharges granted by the
court following a hearing of a motion to dismiss
under 11 U.S.C. § 707(b) or a trial on
objections to the discharge will be signed only
by the judge;
(F)
Discharge of a debtor in a chapter 13 case as
provided in 11 U.S.C. § 1328 in which there has
not been a timely filed objection to discharge
of the debtor nor a waiver by the debtor of the
debtor's discharge. Discharges granted by the
court following trial on objections thereto will
be signed only by the judge;
(G)
Order of Substitution upon the filing of an
Assignment of Claim, after due notice to the
Assignor of the filing of the Assignment of
Claim;
(H)
Order sustaining Trustee's Objection to Claims,
after notice and hearing, where no written
response to the objection has been filed by or
on behalf of the claimant and where no
appearance at the hearing to consider the
objections was made by or on behalf of the
claimant;
(I)
Orders approving the final fees and expenses of
the trustee in a chapter 7 case with estates of
$1,500 or less; and in cases with estates over
$1,500, after notice and hearing, where no
timely objection was made to the final fees and
expenses;
(J)
Orders of Abandonment, after notice and hearing
pursuant to 11_U.S.C._§_102(1) and 554(a) and
(b) and pursuant to Fed._R._Bank._P._6007. When
an objection to a proposed abandonment has been
filed, only a judge may sign the order approving
or disapproving said abandonment;
(K)
Orders closing cases and discharging the trustee
in all cases in which the trustee has filed a
final account and certified that the case has
been fully administered pursuant
to_Fed._R._Bank._P._5009, and entering final
decrees in chapter 11 cases pursuant to
Fed._R._Bank._P. 3022;
(L)
When ordered by the court in the particular case
or in all cases assigned to a particular judge,
orders under LR IA 10-2 granting permission to
an attorney to practice in a particular case,
and orders under LR IA 10-4;
(M)
All motions and applications of the type
specified in Fed. R. Civ. P. 77(c);
(N)
Orders permitting the payment of filing fees in
installments and fixing the number, amount and
date of payment of each installment filed
pursuant to LR 1006, which provide that an
initial payment of no less than fifty dollars
($50) shall be made within forty-eight (48)
hours of the filing of the petition, a second
payment of no less than fifty dollars ($50)
shall be made within thirty (30) days after the
filing of the petition, and the balance of the
filing fee shall be paid within sixty (60) days
after the filing of the petition. Any
application requesting payments to be made in a
different manner or any request for an extension
of time greater than the stated sixty (60) day
period or a request which is received after
entry of the first order entered by the clerk
shall be in writing and will be considered only
by a judge;
(O)
Orders reopening bankruptcy cases for
administrative purposes;
(P)
Orders authorizing examinations to be taken
under Fed. R. Bank. P. 2004 upon not less than
ten (10) business days notice, with the
exception of Fed. R. Bank. P. 2004(d), which
orders shall be signed by the court;
(Q)
Reaffirmation orders under 11 U.S.C. § 524(c)
where the debtor is represented by an attorney
which have been approved by the court after
notice and hearing;
(R)
Orders approving motions to allow claims
submitted in chapter 13 cases wherein no prior
objection to claims have been filed;
(S)
Orders withdrawing exhibits under LR 5003;
(T)
Orders on stipulations satisfying judgments,
noting satisfaction of orders for the payment of
money, or withdrawing stipulations, or annulling
bonds, or exonerating sureties, or setting aside
defaults;
(U)
Judgments on verdicts or decisions of the court
in circumstances authorized in Fed. R. Civ. P.
58;
(V)
When parties file with the clerk a written
stipulation for an extension of time to answer,
plead or otherwise move and no such prior
extension has been granted which shall
affirmatively appear in the stipulation, orders
granting the stipulated extension for a period
not exceeding thirty (30) days by endorsement
upon the stipulation;
(W)
Orders to assess, deduct and withdraw a fee from
the court's registry account pursuant to 28
U.S.C. § 2041 and 2042 and LR 7067(i). The
collection of said fee shall be made at the time
any distribution of funds is made by the clerk,
or whenever it is the clerk's customary,
accounting practice to assess, deduct and
collect such fee. The amount of the fee shall be
ten percent (10%) of the income earned, or such
other fee as prescribed by the Judicial
Conference of the United States and set by the
Director of the Administrative Office;
(X)
Conditional orders of dismissal of cases for
failure of debtor(s) to comply with Fed. R.
Bank. P. 1007 and Fed. R. Bank. P. 3015(b); and
(Y)
Any other orders which under applicable rule or
statute do not require special direction by the
court.
(3)
Limitation of clerk's powers and
duties.
Any action taken by the clerk in connection with
the powers and duties herein specified may be
suspended or rescinded by a judge upon good
cause shown.
(b)
Standing of the clerk and deputy
clerks.
The clerk and deputy clerks of this court are
authorized to issue notices or Orders to Show
Cause for failure of a party to comply with the
Bankruptcy Code, Federal Rules of Bankruptcy
Procedure, these local rules and/or any order of
this court.
LR 6006.
EXECUTORY CONTRACTS.
Unless otherwise directed by the court, the
movant shall give notice of a proposed
assumption, rejection and assignment of
executory contract(s) and unexpired lease(s) to
those parties who have requested special notice,
as well as to all parties to the contract or
lease.
LR 6007.
ABANDONMENT.
Unless otherwise directed by the court, the
party proposing abandonment or other disposition
of property shall serve notice to those parties
who have requested special notice, as well as to
any party having a special relationship to the
property.
LR 7003.
COVER SHEET.
Every adversary proceeding filed in bankruptcy
court shall be accompanied by a properly
completed bankruptcy adversary proceeding cover
sheet, Form B 104.
LR 7005.
CERTIFICATE OF SERVICE (Adversary Proceedings).
(a)
Proof of service.
Proof of service of all papers and pleadings
required or permitted to be served shall be
filed with the clerk. The proof shall show the
day and manner of service and the name of the
person served. Proof of service may be by
written acknowledgment of service, by
certificate of a member of the bar of this
court, by affidavit of the person who served the
papers, or by any other proof satisfactory to
the court.
(b)
Failure to file proof of service.
The court may refuse to take action on any
papers or pleadings until proof of service is
filed. If an affidavit or certificate of service
is attached to the original pleading, it shall
be attached the same so that the character of
the pleading is easily discernible. Failure to
make the proof of service required by this rule
does not affect the validity of the service, and
the court may at any time allow the proof of
service to be amended or supplied unless it
clearly appears that to do so would result in
material prejudice to the substantial rights of
any party.
LR 7010.
GENERAL REQUIREMENTS OF FORM.
(a)
Form of papers.
After notice and hearing, any paper or pleading
filed which does not conform to an applicable
provision of these rules or any Federal Rule of
Bankruptcy Procedure may be stricken by the
court on its own motion. Whenever the individual
number of plaintiffs or defendants contained in
the caption of a complaint or third party
complaint exceeds five (5), it shall be the
responsibility of the party filing said
complaint or third party complaint to provide to
the clerk contemporaneously therewith two (2)
copies of an alphabetical list of the parties.
(b)
Caption, title of court and name
of case.
In addition to the requirements of LR 9004, the
caption shall include the caption of the
adversary proceeding as well as the caption of
the case, including the adversary proceeding
number assigned to the case. If a scheduling
conference has been set, the complaint and
answer should indicate that date in the space
for hearing date and time. Such requirement is
illustrated as follows:
UNITED
STATES BANKRUPTCY COURT
DISTRICT
OF NEVADA
IN
RE: ) BK-S-95-000123-LBR
)
CHAPTER 7
JOHN DOE, )
)
ADVERSARY NO: BK-S-952001-LBR
Debtor )
)
)
JOHN DOE, ) DEFENDANT'S ANSWER TO
)
COMPLAINT TO DETERMINE
Plaintiff, ) DISCHARGEABILITY OF DEBT
)
RICHARD ROE, )
)
Hearing Date (Status Conf):
Defendant, ) Hearing Time:
) Estimated
Time:
(c)
Copies.
The clerk of the court shall maintain a list of
copy requirements which will specify the minimal
number of copies to be submitted for filing. The
clerk of the court may from time to time revise
the list of copy requirements. When revised, the
list of copy requirements shall be reissued in
full with a notation of the effective date of
the revision. Copies of the list of copy
requirements shall be available from the clerk
of the court upon request, and shall be posted
on the court's web site at www.nvb.uscourts.gov.
(1)
Unless otherwise required, counsel or persons
appearing
in pro se shall
submit for filing the original and the number of
copies indicated in the clerk of the court's
list of copy requirements of all pleadings,
summons, orders and other papers; and
(2)
In the event counsel or persons appearing
in
pro se desire to
receive a file stamped copy of any pleading or
other paper presented for filing, counsel or
persons appearing in
pro se must
submit one (1) additional copy; and if by mail,
include a self-addressed, postage paid envelope.
(d)
In camera submissions.
(1)
Papers submitted for the court's
in
camera inspection
shall be accompanied by a captioned cover sheet
complying with subsection (a) of these rules
indicating that it is being submitted
in camera.
Counsel shall provide to the court, an envelope
of sufficient size into which the
in camera papers
can be sealed without being folded. Counsel
shall be permitted to tender to the clerk papers
in camera without
a prior court order authorizing same.
(2)
The court will review the
in
camera submission
and enter an appropriate order directing that it
be filed under seal, be made part of the
official public file, or be permitted to be
withdrawn.
(3)
In the event the court orders such
in
camera submission
to be sealed, the moving party shall submit an
order in compliance with LR 9022, which order
shall be docketed with the clerk of the court.
LR 7015. AMENDED AND SUPPLEMENTAL PLEADINGS.
(a)
Any motion to amend the pleadings shall include
a copy of the proposed amended pleading attached
to the motion. Unless otherwise permitted by the
court, every amended pleading must be reprinted
and filed so that it will be complete in itself,
including exhibits, without reference to the
superseded pleading.
(b)
If the motion is granted, the moving party has
ten (10) days from the entry of the order
approving the motion to file and serve an
original amended pleading.
LR 7016.
PRE-TRIAL PROCEDURES.
(a)
Actions exempted from scheduling
order.
Except as ordered by the court, the following
categories of cases are exempt from the
requirements of Fed._R._Civ._P._16(b) as adopted
by Fed. R. Bank. P. 7016(b):
(1)
Contested matters under Fed. R. Bank. P. 9014;
and
(2)
Such other actions or category of actions as
ordered by the court from time to time.
(b)
Time and issuance for scheduling
order.
(1)
At the time a summons is issued, the clerk shall
provide a blank “Standard Discovery
Plan/Scheduling Order” form, which document
shall be served by the plaintiff with the
summons. Such standard form, which may be
changed from time to time by the court, shall be
used by the parties.
(2)
Within thirty (30) days after the first
defendant has answered or otherwise appeared the
parties shall meet as required by Fed. R. Bank.
P. 7026 and LR 7026. No later than fourteen (14)
days after such meeting, the parties shall
complete and submit the information required by
the Discovery Plan or Request for Waiver of
Filing Discovery Plan (“Discovery Plan”).
(3)
If the parties agree to the standard deadlines
or fail to submit the Discovery Plan, the
standard deadlines shall govern the course of
the proceedings.
(4)
If the parties have agreed to different
deadlines, cannot agree as to deadlines, or wish
to seek a waiver of the requirement for a
discovery plan, they shall so indicate on the
front page of the Discovery Plan.
(5)
The parties shall appear, unless excused, at any
scheduling conference.
(6)
The court shall approve, disapprove, or modify
the discovery plan and enter such other orders
as may be appropriate following the first
scheduling conference. The court shall also
issue an Order Regarding Pretrial and Trial
following the scheduling conference. At any
time, the court may order a status hearing or a
conference of all the parties.
(c)
Time limits for filing certain
motions.
Unless otherwise ordered by the court in the
Standard Discovery Plan/Scheduling Order or
otherwise, the following time periods shall
govern the filing of certain motions:
(1)
All motions to amend the pleadings pursuant to
Fed. R. Bank. P. 7015(a) or for the joinder of
parties shall be filed so as to be heard no
later than the close of discovery. If such
amendment or joinder is allowed, and unless
otherwise ordered by the court, discovery shall
be extended for forty-five (45) additional days
for the limited purposes of conducting discovery
with respect to such amendments or joinders;
(2)
All potentially dispositive motions as to any or
all issues shall be filed by the close of
discovery unless otherwise ordered; and
(3)
Motions
in limine shall
be filed at the time of the pretrial conference
and any responses thereto shall be filed five
(5) business days prior to the start of trial.
No reply will be permitted unless requested by
the court.
(d)
Pretrial order and trial setting.
(1)
The Order Regarding Pretrial and Trial may set
the date for the filing of a joint or separate
trial statement(s). The court may, however,
order the filing of a joint pretrial order at
any time. Unless otherwise ordered, the parties
shall use the standard Trial Statement which
form may be obtained from the clerk and may be
changed from time to time by the court.
(2)
The court may set a trial date in the Order
Regarding Pretrial and Trial or by separate
written or oral order. Continuances will not be
favored.
(e)
Form of pretrial order.
Unless otherwise ordered by the court, counsel
shall use the form of Pretrial Order prescribed
by the court.
(f)
Settlement conference and
alternative methods of dispute resolution.
The court may, in its discretion, set any
appropriate adversary proceeding for settlement
conference, summary jury trial or other
alternative method of dispute resolution.
LR 7026.
DISCOVERY - GENERAL.
(a)
Disclosures.
Unless otherwise ordered by the court, the
disclosures required by
Fed._R._Civ._P._26(a)(2), as adopted by Fed. R.
Bank. P. 7026, shall be made no later than
thirty (30) days prior to the close of discovery
by the party bearing the burden of proof on the
issue in question and no later than fifteen (15)
days prior to the close of discovery by the
party opposing such issue. Written reports by
experts, unless otherwise stipulated by the
parties or ordered by the court, are due no
later than the time the identity of experts is
to be disclosed.
(b)
Exemptions from the provisions of
Fed. R. Civ. P. 26(f).
(1)
Exemption of an action not otherwise exempted by
Fed. R. Civ. P. 26(a)(1)(E), may be obtained by
order of the court after motion noticed to all
parties to the action or by stipulation of all
parties prior to the date any meeting under this
rule is to be held.
(2)
The parties obtaining an exemption pursuant to
subsection (b)(1) of this rule are exempt from
filing a discovery plan.
(3)
LR 7016 and 7026(c) govern the requirements
pertaining to discovery plans. The parties to an
action not exempted by Fed. R. Civ. P.
26(a)(1)(E) or by order obtained pursuant to
subsection (b)(1) of this rule may seek a
limited exemption from Fed. R. Civ. P. 26(f),
insofar as the rule requires the filing of a
discovery plan. The parties may request a waiver
of the requirement that a discovery plan be
submitted under the following conditions:
(A)
In cases in which the parties certify that no
formal discovery is required;
(B)
Trial may proceed within one hundred twenty
(120) days from the date a discovery plan would
otherwise be due; and
(C)
Such waiver shall be sought by so indicating on
the standard discovery plan/scheduling form and
by the completion of all information requested
on that form.
(c)
Discovery conference and plan.
(1)
Unless exempted, the parties shall meet and
confer no later than thirty (30) days after the
first defendant has answered or otherwise
appeared.
(2)
No later than fourteen (14) days after such
meeting, the parties shall submit the Discovery
Plan or Request for Waiver and Order. If the
parties fail to submit a Discovery Plan they may
be subject to sanctions. In addition, if they
have not requested and been granted a waiver
from the requirement to file a Discovery Plan,
the deadlines set forth in the standard form
shall apply, notwithstanding the failure of the
parties to submit a plan.
(3)
The court may conduct a scheduling conference
to consider the submitted Discovery Plan and to
issue an Order Regarding Pretrial and Trial.
(4)
The court may, from time to time, alter such
standard form, including without limitation, the
deadlines contained therein. Counsel shall use
the format then in use and the deadlines set
forth in such standard form shall apply unless
the court orders other, or different, deadlines.
(5)
If the parties agree to different deadlines, or
cannot agree to deadlines, they shall so
indicate on the face of the standard discovery
plan/scheduling form and shall attach their
proposed plan using Form 35 to the Federal Rules
of Civil Procedure or such other form as the
court may from time to time direct.
(d)
Discovery limitations.
(1)
Unless otherwise ordered by the court, all
discovery must be commenced in time to be
completed by one hundred twenty (120) days after
the answer or first appearance by the first
defendant in cases in which a discovery plan is
required:
(2)
Unless otherwise ordered by the court, the
parties to an action exempted by Fed. R. Civ. P.
26(a)(1)(E) or by order obtained pursuant to
subsection (b)(1) of this rule may commence
discovery upon the commencement of the action.
(3)
The court shall approve, disapprove, or modify
the Discovery Plan and enter such other orders
as may be appropriate following the first
scheduling conference. At any time, including
upon request of a party, the court may order a
conference of all the parties in order to
discuss the provisions of the Discovery Plan or
scheduling order.
(e)
Extension of discovery time.
(1)
Unless otherwise ordered by the court, an
extension of the discovery deadline will not be
allowed without a showing of good cause as to
why all discovery was not completed within the
time allotted. All motions or stipulations to
extend discovery shall be received by the court
at least twenty (20) days prior to the date
fixed for completion of discovery, or at least
twenty (20) days prior to the date of expiration
of any extension thereof that may have been
approved by the court. Such motion or
stipulation and any motion or stipulation to
reopen discovery shall include:
(A)
A statement specifying the discovery completed
by the parties as of the date of the motion or
stipulation;
(B)
A specific description of the discovery which
remains to be completed;
(C)
The reasons why such remaining discovery was not
completed within the time limit of the existing
discovery deadline plan; and
(D)
A proposed schedule for the completion of all
remaining discovery.
(2)
It is the responsibility of counsel to ensure
that all discovery is initiated so as to be
completed by the expiration of the period set
out in the Discovery Plan. No additional
discovery shall be permitted thereafter except
as provided herein.
(f)
Demand for prior discovery.
Whenever a party makes a written demand for
discovery which took place prior to the time
that person or entity became a party to the
action, each party who has previously responded
to a request for admission or production or
answered interrogatories shall furnish to the
demanding party the documents in which the
discovery responses in question are contained
for inspecting and copying or a list identifying
each such document by title, and upon further
demand shall furnish to the demanding party at
the expense of the demanding party, a copy of
any listed discovery response specified in the
demand; or, in the case of requests for
production, shall make available for inspection
by the demanding party all documents and things
previously produced. Further, each party who has
taken a deposition shall make a copy of the
transcript available to the demanding party for
copying at the latter's expense.
(g)
Discovery motions.
(1)
All motions to compel discovery or for
protective orders shall, in addition to the
discovery being sought or enjoined in the
motion, set forth in full the text of the
discovery originally sought or enjoined and the
response made thereto, if any, and comply with
Fed._R._Civ._P._26(c), as adopted by Fed. R.
Bank. P. 7026, in all respects.
(2)
Discovery motions will not be considered unless
a statement of moving counsel is attached
thereto certifying that, after personal
consultation and sincere effort to do so,
counsel have been unable to resolve the matter
without court action.
(3)
Any attorney or party appearing
in
pro se may
make written application to, or, where time does
not permit, make contact by telephoning the
court, and request judicial assistance in
resolving an emergency discovery dispute. The
attorney or party seeking emergency relief shall
endorse on the face of any written application
the words “Request for Emergency Relief.”
(h)
Filing of discovery papers.
Unless filing is ordered by the court on motion
or upon its own motion, notices of deposition,
depositions, interrogatories, requests for
production or inspection, requests for
documents, requests for admissions, answers and
responses thereto and proof of service thereof
shall not be filed with the court. Originals of
responses to requests for admissions or
production and answers to interrogatories shall
be served upon the party who made the request or
propounded the interrogatories and that party
shall make such originals available at the time
of any pretrial hearing or at trial for use by
any party. Likewise, the deposing party shall
make the original transcript of a deposition
available at the time of any pretrial hearing or
at trial for use by any party or filing with the
court if so ordered.
(i)
Contested matters under Fed. R.
Bank. P. 9014.
Unless otherwise ordered by the court, Fed. R.
Bank. P. 7026 and LR 7026 shall not apply to
contested matters filed under Fed. R. Bank. P.
9014.
LR 7030. DEPOSITIONS UPON ORAL EXAMINATION.
(a)
Commencement of discovery.
Unless otherwise ordered by the court, the
parties to an action exempted by Fed. R. Civ. P.
26(a)(1)(E) or by order obtained pursuant to LR
7026(b)(1) may commence discovery upon the
commencement of the action.
(b)
Commencement of discovery by
deposition.
(1)
Depositions may be taken without leave of court
in an action exempted by Fed. R. Civ. P.
26(a)(1)(E) or by order obtained pursuant to LR
7026(b)(1) of this rule unless the plaintiff in
such an adversary proceeding seeks to take a
deposition prior to the expiration of thirty
(30) days after service of the summons and
complaint. If, however, a defendant in such an
adversary proceeding has served a notice of
taking deposition or otherwise sought discovery,
leave of court is not required.
(2)
Depositions may be taken without leave of court
unless the party in an adversary proceeding
seeks to take a deposition prior to the parties
conferring pursuant to Fed. R. Civ. P. 26(f).
(c)
Requirements for transcripts.
Unless the parties stipulate or the court orders
otherwise, depositions shall be recorded by
stenographic means.
LR 7031. DEPOSITION UPON WRITTEN QUESTIONS.
(a)
Commencement of discovery.
Unless otherwise ordered by the court, the
parties to an action exempted by Fed. R. Civ. P.
26(a)(1)(E) or by order obtained pursuant to LR
7026(b)(1) may commence discovery upon the
commencement of the action.
(b)
Commencement of discovery by
deposition.
Except as provided in Fed. R. Civ. P. 31(a)
(2)(B):
(1)
After commencement of an action exempted by Fed.
R. Civ. P. 26(a)(1)(E) or by order obtained
pursuant to LR 7026(b)(1), any party may take
the testimony of any person, including a party,
by deposition upon written questions.
(2)
Depositions may be taken upon written questions
without leave of court unless the party in an
adversary proceeding seeks to take a deposition
prior to the parties conferring pursuant to Fed.
R. Civ. P. 26(f).
(c)
Requirements for transcripts.
Unless the court orders otherwise, depositions
shall be recorded by stenographic means.
LR 7032.
USE
OF DEPOSITIONS IN ADVERSARY PROCEEDINGS.
Unless the court orders otherwise, deposition
testimony shall be offered by stenographic
means.
LR 7033. INTERROGATORIES TO PARTIES.
(a)
Commencement of discovery.
Unless otherwise ordered by the court, the
parties to an action exempted by Fed. R. Civ. P.
26(a)(1)(E) or by order obtained pursuant to LR
7026(b)(1) may commence discovery upon the
commencement of the action.
(b)
Number of interrogatories
permitted; commencement of discovery by
interrogatories.
(1)
Unless otherwise ordered by the court or
stipulated by the parties to an action exempted
by Fed. R. Civ. P. 26(a)(1)(E) or by order
obtained pursuant to LR 7026(b)(1), any party to
such an action may serve upon any other party
interrogatories not exceeding twenty-five (25)
in number, including all discrete subparts,
after commencement of the action. A defendant in
an adversary proceeding shall not, however, be
required to serve answers or objections to
interrogatories before the expiration of
forty-five (45) days after service of the
summons and complaint upon the defendant.
(2)
Interrogatories may be served pursuant to Fed.
R. Civ. P. 33 without leave of court unless the
party in an adversary proceeding seeks to serve
interrogatories prior to the parties conferring
pursuant to Fed. R. Civ. P. 26(f).
LR 7034. PRODUCTION OF DOCUMENTS AND THINGS AND
ENTRY UPON
LAND FOR INSPECTION AND OTHER
PURPOSES.
(a)
Commencement of discovery.
Unless otherwise ordered by the court, the
parties to an action exempted by Fed. R. Civ. P.
26(a)(1)(E) or by order obtained pursuant to LR
7026(b)(1) may commence discovery upon the
commencement of the action.
(b)
Requests for production or
inspection.
(2)
Requests for production or inspection may be
served pursuant to Fed. R. Civ. P. 34 without
leave of court unless the party in an adversary
proceeding seeks to request production or
inspection prior to the parties conferring
pursuant to Fed. R. Civ. P. 26(f).
(c)
Responses to discovery sought.
All responses to discovery sought shall,
immediately preceding the response, identify the
number or other designation and set forth in
full the text of the discovery sought.
LR 7035. PHYSICAL AND MENTAL EXAMINATIONS OF
PERSONS.
Whenever a party in the pleadings filed with the
court places any party's present, past or future
physical or mental condition in issue, that
party may not prevent discovery of information
concerning such physical or mental condition or
prior history related thereto by asserting any
physician-patient privilege provided by state
law against discovery or information concerning
such physical or mental condition or prior
history directly related thereto.
LR 7036. REQUESTS FOR ADMISSION.
(a)
Commencement of discovery.
Unless otherwise ordered by the court, the
parties to an action exempted by Fed. R. Civ. P.
26(a)(1)(E) or by order obtained pursuant to LR
7026(b)(1) may commence discovery upon the
commencement of the action.
(b)
Requests for admissions.
(1)
Unless otherwise ordered by the court or
stipulated by the parties to an action exempted
by Fed. R. Civ. P. 26(a)(1)(E) or by order
obtained pursuant to LR 7026(b)(1), any party
may serve upon any other party a request for
admission after commencement of such action. A
defendant in an adversary proceeding shall not,
however, be required to serve answers or
objections to requests for admissions before the
expiration of forty-five (45) days after service
of the summons and complaint upon the defendant.
(2)
Requests for admission may be served pursuant to
Fed. R. Civ. P. 36 without leave of court unless
the party in an adversary proceeding seeks to
request admission prior to the parties
conferring pursuant to Fed. R. Civ. P. 26(f).
LR 7041. DISMISSAL FOR WANT OF PROSECUTION.
Any
proceeding which has been pending in this court
for more than one (1) year without any activity
of record may, after notice, be dismissed for
want of prosecution on motion of counsel, any
party, or by the court.
LR 7054.
COSTS - TAXATION/PAYMENT.
(a)
Costs and attorneys' fees in
general.
(1)
Unless otherwise ordered by the court, the
prevailing party may be entitled to reasonable
costs. A prevailing party who claims such costs
shall, not later than ten (10) days after the
date of entry of the decree or judgment, serve
on the attorney for the adverse party or upon an
in pro se adversary
party and file with the clerk on a form provided
by the clerk a bill of costs and disbursements.
Cross reference 28 U.S.C. §§_1920, 1921 and
1923; and Fed. R. Civ. P. 54(d).
(2)
Such bill of costs shall be verified as required
by 28_U.S.C. §_1924, shall distinctly set forth
each item thereof so that the nature of the
charge can be readily understood, and shall
state that the items are correct and that the
services have been actually and necessarily
performed and the disbursements have been
necessarily incurred in the action or
proceeding. An itemization and, where available,
documentation of requested costs in all
categories must be attached to the bill of
costs.
(3)
The clerk shall tax the costs not later than ten
(10) days after the filing of objections or the
time within which such objections may be filed
has passed.
(b)
Fees of clerk, marshal, process
server and docket.
Fees allowable by statute are clerk's fees
pursuant to 28_U.S.C. §_1920; docket fees
pursuant to 28_U.S.C. §_1923; and, marshal's
fees pursuant to 28_U.S.C._§_1921. Fees of
authorized process servers are ordinarily
taxable.
(c)
Fees incident to transcripts,
trial transcripts.
The cost of the original of a trial transcript,
including a daily transcript, and of a
transcript of matters occurring prior or
subsequent to trial which is furnished to the
court is taxable when either requested by the
court or prepared pursuant to stipulation
approved by the court. Mere acceptance by the
court does not constitute a request. Copies of
transcripts for counsel's own use are not
taxable in the absence of a prior special order
of the court.
(d)
Deposition costs.
The reporter's charge for the original
deposition is taxable whether or not the same is
actually received in evidence or whether or not
it is taken solely for discovery. Counsel's
copies are not taxable, regardless of which
party took the deposition. The reasonable
expenses of a deposition reporter and the notary
or other official presiding at the taking of the
deposition are taxable, including travel, where
necessary, and subsistence. Postage costs,
including registry, for sending the original
deposition to the clerk for filing are taxable
if the court has ordered the filing of said
deposition. Counsel's fees, expenses in
arranging for taking and expenses in attending
the taking of a deposition are not taxable,
except as provided by statute or by the Federal
Rules of Civil Procedure. Fees for the witness
at the taking of a deposition are taxable at the
same rate as for attendance at trial. The
witness need not be under subpoena. A reasonable
fee for a necessary interpreter at the taking of
a taxable deposition is taxable.
(e)
Witness fees, mileage and
subsistence.
(1)
The rate for witness fees, mileage and
subsistence are fixed by statute under
28_U.S.C._§_1821. Such fees are taxable even
though the witness may not take the stand if it
is shown that the attendance was necessary; but
if a witness is not used, it will be presumed
that the attendance was unnecessary. Such fees
are taxable even though the witness attends
voluntarily upon request and is not under
subpoena. Taxation may be made for the cost of
each day the witness is necessarily in
attendance and is not limited only to those
costs incurred for the actual day the witness
testified. Fees will be limited, however, to the
days of actual testimony and the days required
for travel if no showing is made that the
witness necessarily attended for a longer time.
(2)
Taxable transportation expenses shall be based
on the most direct route at the most economical
rate reasonably available for the means of
transportation actually used by the witness,
subject to the additional provisions of the
Federal Rules of Civil Procedure.
(3)
Subsistence for the witness under 28 U.S.C.
§_1821 is allowable if the distance from the
court to the residence of the witness is such
that mileage fees would be greater than
subsistence fees if the witness were to return
to his/her residence from day to day.
(4)
No party shall receive witness fees for
testifying in that party's own behalf, but this
shall not apply where a party is subpoenaed to
attend court by the opposing party. Witness fees
for officers of a corporation are taxable if the
officers are not defendants and recovery is not
sought against the officers individually. Fees
for expert witnesses are not taxable in a
greater amount than statutorily allowable for
ordinary witnesses unless authorized by contract
or specific statute.
(5)
The reasonable fee for a competent interpreter
is taxable if the fee of the witness for whom
the interpreting services were required is
taxable. The reasonable fee of a competent
translator is taxable if the document translated
is necessarily filed or admitted into evidence.
(f)
Exemplification and copies of
papers.
(1)
An itemization of costs claimed pursuant to this
section shall be attached to the cost bill. The
cost of copies of an exhibit necessarily
attached to a document required to be filed and
served is taxable. Cost of one (1) copy of a
document is taxable when admitted into evidence
in lieu of an original which is either not
available for introduction into evidence, or is
not introduced at the request of opposing
counsel. The cost of copies submitted in lieu of
originals because of the convenience to offering
counsel or counsel's client is not taxable. The
cost of reproducing copies of motions,
pleadings, notices and other routine case papers
is not allowable. The cost of copies obtained
for counsel's own use is not taxable. The fee of
an official for certification or proof regarding
non-existence of a document is taxable. Notary
fees are taxable if actually incurred, but only
for documents which are required to be notarized
and which are necessarily filed. Costs incurred
for reducing by xerographic or other similar
means documents in order to comply with the
paper size requirement of LR 9004(a) or LR
9004(d) are taxable.
(2)
The cost of patent file wrappers and prior art
patents are taxable at the rate charged by the
patent office. Expenses for services of persons
checking patent office records to determine what
should be ordered are not taxable.
(g)
Maps, charts, models,
photographs, summaries, computations and
statistical summaries.
The cost of maps and charts is taxable if they
are admitted into evidence. The cost of
photographs, eight-inch by ten-inch (8_ x 10_)
in size or less, is taxable if admitted into
evidence or attached to documents required to be
filed and served on opposing counsel. The cost
of enlargements greater than eight-inch by
ten-inch (8_ x 10_), models or compiling
summaries, computations and statistical
comparisons is not taxable except by prior order
of the court.
(h)
Fees of masters, receivers and
commissioners.
Unless otherwise ordered by the court, the fees
of masters, receivers and commissioners are
taxable as costs.
(i)
Premiums on undertakings and
bonds.
The party entitled to recover costs shall
ordinarily be allowed premiums paid on
undertakings and bonds where the same have been
furnished by reason of express requirement of
the law, on order of the court or a judge
thereof, or where the same is necessarily
required to enable the party to secure some
right accorded to such party in the action or
proceeding.
(j)
Removed cases.
In a case removed from the state court, costs
incurred in the state court prior to removal,
including but not limited to the following, are
taxable in favor of the prevailing party in this
court:
(1)
Fees paid to the clerk of the state court;
(2)
Fees for service of process in the state court;
(3)
Costs of exhibits necessarily attached to
documents required to be filed in the state
court; and
(4)
Fees for witnesses attending depositions before
removal unless the court finds that the witness
was deposed without reason or necessity.
(k)
Party entitled to costs.
The prevailing party shall be determined by the
court. If each side recovers in part, ordinarily
the party recovering the larger sum will be
considered the prevailing party. The defendant
is the prevailing party upon a dismissal or
other termination of the case without judgment
for the plaintiff on the merits. In appropriate
circumstances, the court may apportion the costs
between the parties. No costs shall be allowed
to either party if the court is unable to
clearly determine the prevailing party.
(l)
Costs against the government.
For these costs, reference 28 U.S.C. § 2412.
(m)_Costs
not ordinarily allowed.
Unless a party shall substantiate any claim by
references to statutes or decisions for the
following costs, they will not ordinarily be
allowed:
(1)
Accountant's fees incurred for investigation;
(2)
The purchase of infringing devices in patent
cases;
(3)
The physical examination of an opposing party;
(4)
Courtesy copies of exhibits furnished to
opposing counsel without request; and
(5)
Motion pictures.
(n)
Method of taxation of costs.
(1)
Opposing counsel shall have ten (10) days after
service of the bill of costs within which to
file and serve written objections specifying
each item to which objection is made, the ground
for the objection, and to file and serve any
affidavit presenting facts relied upon in
support of the objection.
(2)
On the date set for the taxation neither the
parties nor their attorneys shall appear. The
clerk shall proceed to tax the costs, and shall
allow the items specified in said bill of costs
as are properly chargeable as costs. The clerk
shall make an insertion of the costs into the
docket, and the judgment, if appropriate. The
taxation of costs made by the clerk shall be
final unless modified on review as provided in
LR_7054(o).
(3)
Notice of the clerk's taxation of costs shall be
given by mailing a copy of the bill as approved
by the clerk to all parties in accordance with
Fed. R. Civ. P. 5.
(o)
Review of costs.
(1)
A review of the decision of the clerk in the
taxation of costs may be taken to the court on
motion to retax by any party in accordance with
Fed. R. Civ. P._54(d). A motion to retax
accompanied by points and authorities shall be
filed and served within five (5) days after
receipt of the notice provided for in LR
7054(n)(3).
(2)
A motion to retax shall particularly specify the
ruling of the clerk excepted to, and no others
will be considered by the court. Said motion
shall be decided upon the same papers and
evidence submitted to the clerk.
(p)
Appellate costs.
The bankruptcy court does not tax or retax
appellate costs. The certified copy of the
judgment or the mandate of the Court of Appeals,
without further action by the district court, is
sufficient basis to request issuance by the
clerk of the bankruptcy court of a writ of
execution to recover costs taxed by the
appellate court.
(q)
Motions for attorneys' fees.
When a party is entitled to move the court for
an award of attorney's fees, the motion shall be
filed with the court and served within fourteen
(14) days after final judgment or order
disposing of the action.
(r)
Procedure for motions for
attorney's fees.
(1)
Contents of motion.
Unless otherwise ordered by the court, a motion
for fees must contain the following items in
addition to those duties required by
Fed._R._Civ._P._54(d)(2)(B):
(A)
An itemization of the work performed, the name
of the person performing the work, a brief
description of the position and experience of
each individual billing time to the case, the
hourly charge, and the amount charged. A
description of the work performed must be
specific so as to permit the reviewer to
identify the task(s) sufficiently performed;
(B)
An itemization of all costs sought to be charged
as part of the fee award and not otherwise
taxable pursuant to 28 U.S.C. § 1920;
(C)
A brief summarization of the nature of the case,
the difficulty of the case, and the results
obtained;
(D)
Previous applications and the amounts awarded;
and
(E)
Such other information as the court may direct.
(2)
Attorney affidavit.
Each motion must be accompanied by an affidavit
by the attorney responsible for the billing of
the case or the litigants of the action
containing the following:
(A)
Authentication of the information contained in
the motion;
(B)
A statement of the amount charged by firm of
costs, e.g., computer legal research;
(C)
A statement setting forth the hourly rates
usually charged for similar services; and
(D)
A statement that the bill has been reviewed and
edited.
(3)
Opposition.
Opposition to any motion for request for
attorney's fees must be in writing and filed and
served pursuant to LR 9014. Unless such
opposition contends that fees are not allowable
as a matter of law, the opposition must set
forth the specific charges that are disputed and
the basis for such opposition. The opposition
may include affidavits relevant to the fee
issues. If no opposition is filed, the court may
grant the application. The movant may file a
reply within five (5) days.
(4)
Hearing.
If either party wishes to examine the affiant,
such party must specifically set forth the
request in the opposition or reply. Absent a
request, the court may decide the application on
the pleadings or may set the matter for further
evidentiary hearing.
LR 7056. SUMMARY JUDGMENT.
(a)
Motions.
Motions for summary judgment shall include a
concise statement setting forth each fact
material to the disposition of the motion which
the party claims is, or is not, genuinely in
issue, citing the particular portions of any
pleading, affidavit, deposition, interrogatory,
answer, admission or other matter upon which the
party relies.
(b)
Responsive memorandum.
Unless otherwise ordered by the court, an
opposing party shall have fifteen (15) days
after service of the moving party's points and
authorities within which to file and serve a
memorandum of points and authorities in
opposition to the motion.
(c)
Reply memorandum.
Unless otherwise ordered by the court, the
moving party shall have ten (10) days after
service of the responsive memorandum to file and
serve a reply memorandum of points and
authorities if it is so desired.
(d)
Hearings on motions for summary
judgment.
(1)
The party moving for summary judgment shall
obtain a hearing date from the clerk for the
hearing of the motion. Unless the court shortens
the time for hearing, the date shall be not less
than forty-five (45) days from the date of the
filing of the motion.
(2)
If the opposing party files a countermotion for
summary judgment, the original moving party
shall have ten (10) days to respond to the
motion. Unless otherwise ordered by the court,
the countermotion shall be heard at the same
time as the original motion.
LR 7062. STAY OF PROCEEDINGS TO ENFORCE A
JUDGMENT.
Unless otherwise ordered by the court, a
supersedeas bond must conform to the provisions
of LR 7065.
LR 7064. SEIZURE OF PERSON OR PROPERTY.
(a)
Service by the United States
Marshal.
The United States Marshal shall, without need of
court order, be authorized to serve civil
process on behalf of the United States
Government.
(b)
Service of process under state
procedure.
In those cases or proceedings where Federal
Rules of Civil Procedure or Federal Rules of
Bankruptcy Procedure authorize the service of
process to be made in accordance with Nevada
state practice, it shall be the duty of counsel
for the party seeking the service to furnish the
clerk with all necessary orders and sufficient
copies of all papers to comply with the
requirements of the state practice, together
with specific instructions for administering
service.
LR 7065. INJUNCTIONS.
(a)
Qualification of surety.
Except for bonds secured by cash or negotiable
bonds or notes of the United States as provided
for in LR 7065(b), every bond must have as
surety:
(1)
A corporation authorized by the Secretary of the
Treasury of the United States to act as surety
on official bonds under 31 U.S.C. §§ 9304
through 9306;
(2)
A corporation authorized to act as surety under
the laws of the State of Nevada, which
corporation shall have on file with the clerk a
certified copy of its certificate of authority
to do business in Nevada, together with a
certified copy of the power of attorney
appointing the agent authorized to execute the
bond;
(3)
One (1) or more individuals each of whom owns
real or personal property sufficient to justify
the full amount of the suretyship; or
(4)
Such other security as the court shall order.
(b)
Deposit of money or United States
obligation in lieu of surety.
Upon order of the court, there may be deposited
with the clerk in lieu of surety:
(1)
Lawful money accompanied by an affidavit which
identifies the legal owner thereof; or
(2)
Negotiable bonds or notes of the United States
accompanied by an executed agreement as required
by 31 U.S.C. § 9303(a)(3) authorizing the clerk
to collect or sell the bonds or notes in the
event of default.
(c)
Approval.
Unless approval of the bond or the individual
sureties is endorsed thereon by the opposing
counsel or the party, if appearing
in pro se,
the party offering the bond shall apply to the
court for approval. The clerk is authorized to
approve bonds unless approval by the court is
expressly required by law.
(d)
Persons not to act as sureties.
No officer of this court, nor any member of the
bar of this court, nor any nonresident attorney
specially admitted to practice before this
court, nor their office associates or employees
shall act as surety in this court.
(e)
Judgment against sureties.
Every surety who provides a bond or other
undertaking with the court thereby submits to
the jurisdiction of the court regardless of what
may be otherwise provided in any security
instrument. The surety who provides the bond or
other undertaking irrevocably appoints the clerk
as agent upon whom any paper affecting liability
thereon may be served. Liability shall be joint
and several and may be enforced summarily
without independent action. Service may be made
upon the clerk who shall forthwith mail a copy
to the surety at the last known address.
(f)
Further security or justification
of personal sureties.
At any time, upon reasonable notice to all other
parties, any party for whose benefit a bond is
presented or posted may apply to the court for
further or different security or for an order
requiring personal sureties to justify.
LR 7067. REGISTRY FUNDS.
(a)
Deposits and investments.
(1)
Funds will be deposited or invested in the
Registry Account of this court pursuant to an
order by the court. Funds deposited with the
court are to be placed in some form of
interest-bearing account unless otherwise
ordered by the court. Financial institutions
designated in 31 CFR 202 (formerly Treasury
Circular 176) and the Court Registry Investment
System (CRIS) administered through the United
States District Court for the Southern District
of Texas shall be the only investment mechanisms
authorized unless otherwise ordered by the
court. All applications, motions, or
stipulations by a moving party to an action for
an order, and any resulting order of the court,
directing the clerk to deposit or invest funds
deposited in the Registry Account of the court
pursuant to 28 U.S.C. § 2041 shall contain, at a
minimum, the following information:
(A)
The amount of funds tendered for deposit.
(B)
The party on whose behalf the tender is being
made.
(C)
The nature of the tender, e.g., interpleader
funds deposit, cash bond in lieu of corporate
surety in support of Temporary Restraining
Order, etc.
(D)
Whether the funds are being tendered pursuant to
statute, rule or court order.
(E)
The conditions of the deposit signed and
acknowledged by the depositor, e.g., deposit
into the Court Registry Investment System (CRIS)
or a financial institution designated in 31 CFR
202, and if into a financial institution
designated in 31 CFR 202:
(i)_The type of account or instrument, any terms
of investment;
(ii)_The bank or financial institution where the
funds are to be deposited or invested; and
(iii)_The amount of insurance and the federal
agency insuring the account or instrument,
together with a statement as to other accounts
held by said party or parties at the named bank
or financial institution.
(F)
Identification, if any, of any registry deposit
intended to be a designated or qualified
settlement fund and the identity of the fund's
administrator.
(2)
If a financial institution is designated for the
deposit into the court's Registry, the funds
shall only be deposited by the clerk in a
financial institution designated in 31_CFR_202
(formerly Treasury Circular 176) and if such
financial institution has pledged sufficient
securities to secure the total sum of deposits
in excess of FDIC coverage ($100,000 per
account). Should the financial institution
designated in the order not have sufficient
securities pledged, the funds will be deposited
in the Court Registry Investment System (CRIS)
until the designated financial institution has
pledged the required securities and the clerk
has been provided with written verification
thereof. At that time, the funds will be
transferred to the designated financial
institution.
(3)
If the Court Registry Investment System (CRIS)
is designated for the deposit into the Registry
Account of the court:
(A)
Under CRIS, monies deposited in each case or
adversary proceeding account will be “pooled”
together with those on deposit with Treasury to
the credit of other courts in CRIS and used to
purchase Treasury Securities, which will be held
at the Federal Reserve Bank of Dallas, in a
safekeeping account in the name and to the
credit of the Clerk, United States Bankruptcy
Court for the District of Nevada, hereby
designated custodian for CRIS.
(B)
A CRIS account for each case or adversary
proceeding account will be established in CRIS
titled in the name of the case giving rise to
the investment in the system. Earnings received
from the funds investments will be distributed
to each case or adversary proceeding account
based on the ratio each account’s principal and
earnings has to the aggregate principal and
income total in the fund each week. Weekly
reports showing the interest earned and the
principal amounts contributed in each case or
adversary proceeding account will be prepared
and distributed to each court participating in
CRIS and made available to litigants and/or
their counsel.
(4)
If neither a financial institution designated in
31 CFR 202 nor the Court Registry Investment
System (CRIS) is designated for the deposit into
the Registry Account of the court, the funds
will be deposited in the Court Registry
Investment System (CRIS).
(5)
Additionally, except for funds held for the
benefit of the United States in which no fee is
charged, all orders for deposit or other
investment of registry funds shall contain the
following language: “THE CLERK OF THE COURT IS
DIRECTED TO DEDUCT FROM INCOME EARNED ON THE
INVESTMENT A FEE NOT EXCEEDING THAT AUTHORIZED
BY THE JUDICIAL CONFERENCE OF THE UNITED STATES
AND SET BY THE DIRECTOR OF THE ADMINISTRATIVE
OFFICE.”
(6)
It is solely the responsibility of the moving
party to identify any terms and/or conditions of
any registry deposit in accordance to subsection
(a)(1) of this rule. Failure of the party or
parties to so identify minimum requirements
designated by subsection (a)(1) shall release
the clerk from any liability for reporting
and/or tax treatment of interest on such funds
pursuant to Section 468B of the Internal Revenue
Code (title 26, U.S.C.).
(b)
Certificate of cash deposit.
The clerk may refuse for deposit cash tendered
without the Certificate of Cash Deposit required
by these rules. In the event that cash is
tendered to the clerk for deposit into the
Registry Account of this court, it shall be
accompanied by an order of the court directing
deposit pursuant to subsection (a) of this rule
and written statement entitled “Certificate of
Cash Deposit” which shall be signed by counsel
or party appearing in
pro se and
shall contain the following information:
(1)
The amount of cash tendered for deposit;
(2)
The party on whose behalf the tender is being
made;
(3)
The nature of the tender, e.g., interpleader
funds deposit, cash bond in lieu of corporate
surety in support of Temporary Restraining
Order, etc.;
(4)
Whether the cash is being tendered pursuant to
statute, rule or court order;
(5)
The conditions of the deposit signed and
acknowledged by the depositor, e.g., deposit
into the Court Registry Investment System (CRIS)
or a financial institution designated in 31 CFR
202, and if into a financial institution
designated in 31 CFR 202:
(A)
The type of account or instrument, any terms of
investment;
(B)
The bank or financial institution where the
funds are to be deposited or invested; and
(C)
The amount of insurance and the federal agency
insuring the account or instrument, together
with a statement as to other accounts held by
said party or parties at the named bank or
financial institution.
(6)
Identification, if any, of any registry deposit
intended to be a designated or qualified
settlement fund and the identity of the fund's
administrator; and
(7)
A signature block whereon the clerk can
acknowledge receipt of the cash tendered. The
signature block shall not be set forth on a
separate page, but shall appear approximately
one inch (1_) below the last typewritten matter
on the left-hand side of the Certificate of Cash
Deposit and shall read as follows:
“RECEIPT
Cash as identified herein is hereby
acknowledged as being received this date.
Dated:_
CLERK, U.S. BANKRUPTCY COURT
By:
Deputy Clerk”
(c)
Service of order.
Counsel obtaining an order as described in
subsection (a) of this rule shall cause a copy
of the order to be served personally upon the
clerk, or financial administrator deputy in Las
Vegas, or the deputy in charge in the Reno
divisional office. A supervisory deputy clerk
may accept service on behalf of the clerk,
financial administrator in Las Vegas, or deputy
in charge in the Reno divisional office in their
absence.
(d)
Deposit of funds by the clerk
after receipt of order.
The clerk shall take all reasonable steps to
deposit funds into an interest bearing account
or instruments within, but not more than,
fifteen (15) days after service of the order as
provided by subsection (c) of this rule.
Notwithstanding the provisions of subsection (a)
of this rule, in the event counsel should fail
to submit an order as required, the clerk is
authorized to deposit funds to be held in the
Registry Account in an interest bearing account
in the Court Registry Investment System (CRIS)
pursuant to subsection (a) of this rule.
(e)
Verification of deposit by moving
party of investment of funds.
It shall be the responsibility of any party or
parties obtaining an order directing investment
of funds by the clerk to verify with the clerk
that the funds have been deposited and/or
invested as ordered. Such verification shall be
completed within fifteen (15) days after service
of the order as provided by subsection (c) of
this rule.
(f)
Failure of compliance.
Failure of the party or parties to personally
serve: (i) the clerk or financial administrator
deputy in Las Vegas; (ii) the deputy in charge
of the Reno divisional office; or (iii) in their
absence a supervisory deputy clerk, with a copy
of the order or failure to verify investment of
the funds, shall release the clerk from any
liability for the loss of earned interest on
such funds.
(g)
Moving party's responsibility of
disposition of funds at maturity.
(1)
It shall be the responsibility of counsel to
notice the clerk regarding disposition of funds
at maturity of a timed instrument. In the
absence of the notice, funds invested in a timed
instrument subject to renewal will be reinvested
for a like period of time at the prevailing rate
of interest. Funds invested in a timed
instrument not subject to renewal will be
redeposited by the clerk into an interest
bearing account in the Court Registry Investment
System (CRIS) pursuant to subsection (a) of this
rule.
(2)
Service of notice by counsel as required by
subsection (g)(1) of this rule shall be made in
accordance with the requirements as provided by
subsection (c) of this rule, and must be made no
later than fifteen (15) days prior to maturity.
(h)
Change in terms/conditions of an
investment held in the Registry Account.
Any change in terms or conditions of an
investment shall be by court order only and
counsel will be required to comply with
subsections (a), (b), and (c) of this rule.
(i)
Withdrawal of funds on deposit
held in the Registry Account.
(1)
No funds shall be withdrawn from the Registry
Account and released by the clerk except by
order of the court pursuant to 28 U.S.C. § 2042.
All orders submitted to the clerk for withdrawal
and release of registry account funds will be
accompanied by affidavit of counsel setting
forth facts indicating the order approving
withdrawal and release of registry account funds
is nonappealable, or subject to any similar
appeal process.
(2)
The clerk is authorized to withdraw funds from
the Registry Account without delay:
(A)
Solely upon presentation of a fully executed
court order specifically waiving the period of
appeal and stating withdrawal and release of
funds is to be made immediately, or by a date
certain. In the event the order does not state
the appeal waiver, or a date certain for
withdrawal of funds from the Registry Account,
the clerk is authorized to make withdrawal and
release of such funds either upon the expiration
of ten (10) business days pending time for
appeal, or upon an appeal being determined final
and nonappealable; or
(B)
Without further order pursuant to the delegated
authority of LR 5075(a)(2)(W) wherein the clerk
may assess, deduct and withdraw a fee from the
Registry Account of the court.
(3)
If the order submitted does not conform to the
provisions of subsections (a) and (b) of this
rule, and is not served pursuant to subsection
(c) of this rule, there shall be no liability on
the clerk as the result of payment on a certain
date should the interest be reduced or the
principal invaded.
LR 8001.
NOTICE OF APPEAL; ELECTION TO HAVE APPEAL HEARD
BY
DISTRICT COURT INSTEAD OF BANKRUPTCY APPELLATE
PANEL.
(a)
Order Being Appealed.
The appellant shall attach to the notice of
appeal filed in bankruptcy court a copy of the
entered judgment, order or decree from which the
appeal was taken.
(b)
Bankruptcy Appellate Panel.
Pursuant to 28 U.S.C. § 158(b)(6), this court
hereby authorizes a Bankruptcy Appellate Panel
to hear and determine appeals from judgments,
orders and decrees entered by bankruptcy judges
from this district, subject to the limitations
set forth in subsections (b) and (c) of this
rule.
(1)
The Bankruptcy Appellate Panel may hear and
determine only those appeals in which there has
not been timely filed a “statement of election
to have appeal heard by district court instead
of Bankruptcy Appellate Panel” pursuant to the
provisions of 28 U.S.C. § 158(c)(1) and Fed. R.
Bank. P. 8001(e).
(2)
The Bankruptcy Appellate Panel may hear and
determine appeals from final judgments, orders
and decrees entered by bankruptcy judges and,
with leave of the Bankruptcy Appellate Panel,
appeals from interlocutory orders and decrees
entered by bankruptcy judges.
(3)
The Bankruptcy Appellate Panel may hear and
determine appeals from judgments, orders and
decrees entered by bankruptcy judges after July
10, 1984, and appeals transferred to the
district court from the previous Ninth Circuit
Bankruptcy Appellate Panel by Section 115(b) of
The Bankruptcy Amendments and Federal Judgeship
Act of 1984, Pub. L. No. 98-353. The Bankruptcy
Appellate Panel may not hear or determine
appeals from judgments, orders and decrees
entered by bankruptcy judges between December
25, 1982, and July 10, 1984, under the Emergency
Bankruptcy Rule of this district.
(c)
Time for election.
(1)
When a notice of appeal is filed with the clerk
of the bankruptcy court, the appeal shall be
referred to the Bankruptcy Appellate Panel,
unless the appellant files at the time of filing
the appeal a statement of election under 28
U.S.C. § 158(c)(1) in a separate writing
pursuant to Fed. R. Bank. P. 8001(e) that the
appeal be heard by the district court. All
parties to the appeal shall be notified of the
filing and reference within the time and in the
manner provided for in LR 8004.
(2)
Unless a party to the appeal files a statement
of election under 28 U.S.C. § 158(c)(1) in a
separate writing pursuant to Fed. R. Bank. P.
8001(e) that the appeal be heard by the district
court with the clerk of the Bankruptcy Appellate
Panel not later than thirty (30) days after
service of the notice of appeal, the appeal will
be heard by the Bankruptcy Appellate Panel.
LR 8004.
SERVICE OF NOTICE OF APPEAL.
(a)
Service.
Not later than three (3) days after the filing
of a notice of appeal, the clerk of the
bankruptcy court shall serve upon all parties to
the appeal a copy of the notice of appeal. A
copy of the notice of appeal shall also be
transmitted to the clerk of the Bankruptcy
Appellate Panel, unless the appellant has filed
a “statement of election to have the appeal
heard by the district court instead of the
Bankruptcy Appellate Panel” under 28 U.S.C. §
158(c)(1) and Fed. R. Bank. P. 8001(e).
(b)
Notification of Bankruptcy
Appellate Panel procedures.
Upon receipt of the notice of appeal, the clerk
of the Bankruptcy Appellate Panel shall, as
directed by order of the Ninth Circuit Court of
Appeals, notify the parties of the procedures
and requirements relating to practice before the
Bankruptcy Appellate Panel.
LR 8006.
DESIGNATION OF RECORD - APPEAL.
(a)
Reproduction of record on appeal.
(1)
In all appeals to the district court or other
appellate court the original pleadings shall
remain in the custody of the bankruptcy court,
unless the party or parties or the clerk have
obtained an order from a bankruptcy judge
allowing the original, official case/adversary
file to be forwarded to the district court.
(2)
If required by the district court or other
appellate court in addition to the excerpts of
the record required by LR 8009, a reproduction
of pleadings from the court's official
case/adversary file, as designated, shall be
transmitted to the district court or other
appellate court. The clerk of the bankruptcy
court shall request copies to be provided from
the party or parties designating the record on
appeal. The copies shall be tendered to the
clerk in chronological order in conformity to LR
9004(c) within thirty (30) days from the date of
the request by the clerk or within a shorter
time if ordered by the district court or other
appellate court, after which the clerk shall
tender a receipt of copy for all items
designated. If any party fails to provide the
clerk with copies of designated items within
thirty (30) days from the date of the request by
the clerk or within a shorter time if ordered by
the district court or other appellate court, the
clerk may make copies at the expense of the
designating party.
(b)
Designation and preparation of
reporter's and recorder's transcripts.
(1)
It shall be the responsibility of the party
filing the notice of appeal, or other moving
party, to specify the date(s), time(s) and type
of hearing(s) and identify by name the court
reporter or recorder when designating
transcripts on appeal.
(2)
The party filing the “Notice of Transcript”
shall include in the “Notice,” at a minimum:
(A)
All transcripts listed in the designation of
record, if any;
(B)
Notation of the date of filing, if any; and
(C)
The estimated time of filing, whether expedited
or in the ordinary course of transcription.
(c)
Procedure for requesting
preparation of transcript.
A transcript order form (AO 435) must be
submitted to the clerk and shall specify which
portions of the designated transcript a
particular court reporter or recorder shall be
responsible for transcribing. If a court
reporter was present, the clerk may arrange for
the transcription of the record at the
requesting party's expense.
LR 8007. TRANSMISSION OF RECORD ON APPEAL.
When the record, including any transcript, is
complete for the purposes of appeal, the clerk
of the bankruptcy court shall transmit a
certificate of record to the district court or
other appellate court. The clerk of the
bankruptcy court shall forthwith notify the
parties of the date of the filing of the
certificate of record with the district court or
other appellate court. The record shall be
retained by the clerk of the bankruptcy court
until requested by the district court or other
appellate court.
LR 8009. BRIEFS AND APPENDIX.
(a)
Excerpts of record.
Excerpts of record shall be filed by the parties
on appeals to the district court in the same
manner as required by Fed. R. Bank. P. 8009(b)
for appeals to the bankruptcy appellate panel. A
party filing excerpts of record with the
district court shall file two (2) copies to be
bound separately from the briefs. A party filing
excerpts of record with the bankruptcy appellate
panel shall file the number of copies as
required by the 9th Circuit Bankruptcy Appellate
Panel.
(b)
Transcripts.
The excerpts of record shall include the
transcripts necessary for adequate review in
light of the standard of review to be applied to
the issues before the district court or other
appellate court.
LR 8018.
LOCAL RULES OF CIRCUIT JUDICIAL COUNCIL OR
DISTRICT
Practice
in such bankruptcy appeals as may come before
the district court shall be governed by Part
VIII of the Federal Rules of Bankruptcy
Procedure, except as provided in LR 8070 or in
rules subsequently adopted by the district
court.
LR 8070. DISMISSAL OF APPEAL BY COURT FOR
NON-PROSECUTION.
(a)
The court may enter an order dismissing the
appeal, impose such sanctions as the court deems
appropriate, or both in circumstances indicated
in subsections (1) and (2) of this rule, which
may be invoked on motion of a party or by the
court
sua sponte after
notice to the parties:
(1)
When an appellant fails timely to pay the filing
and/or docket fee for the notice of appeal; file
a designation of the reporter's transcript,
designation of record, statement of issues
and/or brief; file the excerpts of record; or
otherwise comply with rules and orders governing
the processing of bankruptcy appeals by the
district court; or
(2)
When an appellee fails timely to file a
designation of reporter's transcript,
designation of record or brief; or otherwise
comply with rules and orders governing the
processing of the bankruptcy appeals by the
district court.
LR 9004.
PAPERS - REQUIREMENTS
OF FORM.
(a)
Form of papers.
(1)
The form of papers filed with the bankruptcy
court shall be flat, unfolded, firmly bound
together at the top and legibly typewritten on
eight-and-one-half by eleven inch (8½_ x 11_)
size paper, with copies reproduced by any method
resulting in clearly readable copy. Unless
otherwise ordered by the court, all typewriting
and handwriting shall be double-spaced.
(2)
Excepted from the format outlined in subsection
(a)(1) of this rule are:
(A)
Exhibits, footnotes and quotations, the
identification of counsel, caption, title of the
court and the name of the case; and
(B)
The title page, which shall begin at least
one-and-one-half inches (1½_) from the top of
the page.
(b)
Print requirements.
All typewriting shall be of a size which is
either not more than ten (10) characters per
linear inch; or, not less than twelve (12)
points for proportional spaced fonts or
equivalent. All quotations longer than two (2)
sentences shall be indented. All pages of each
pleading or other papers filed with the court
(except exhibits) shall be numbered
consecutively. All pages of each pleading or
other papers filed with the court (including
exhibits) shall be single-sided with print on
only one side of the paper.
(c)
Papers.
Papers presented for filing, receiving or
lodging with the clerk shall be pre-punched with
two (2) holes, centered, two-and-three-quarters
inches (2¾_) apart, one-half inch (½_) to
five-eighths inch (5/8_) from the top edge of
the paper.
(d)
Exhibits.
(1)
All exhibits and copies thereof attached to
papers shall show the exhibit number indicated
at the bottom thereof by use of indexing tabs.
Exhibits need not be typewritten and may be
copies, but must be clearly legible and not
unnecessarily voluminous. Counsel is required to
reduce oversized exhibits by xerographic or
other similar means in order to comply with the
eight-and-one-half inch by eleven inch (8½_ x
11_) size paper requirement unless the reduction
would destroy legibility or authenticity. In
such instances, an oversized exhibit which
cannot be reduced in size shall be filed
separately with a captioned cover sheet which
identifies the exhibit(s) and the document(s) to
which it refers.
(2)
If affidavits/declarations are used, they must
be filed with the motion, attached as exhibits
and tabbed appropriately.
(e)
Caption, title of court and name
of case.
The following information (illustrated in
subsection (e)(8) of this rule) shall be stated
upon the first page of every paper presented for
filing:
(1)
The name, Nevada state bar number, address,
telephone number, fax number, and e-mail address
of the attorney and any associated attorney
appearing for the party filing the petition, or
the name, address and telephone number of a
party appearing in proper person;
(2)
The title of the court shall appear at the
center of the first page at least one inch (1_)
below the information required by subsection (1)
of this rule;
(3)
Below the title of the court, there shall be
inserted in the space to the left of center of
the paper the name of the action or proceeding;
(4)
In the space to the right of center opposite the
name of the action or proceeding there shall be
inserted the chapter of the Bankruptcy Code
under which the case is pending, the bankruptcy
case number (“BK” for bankruptcy), followed by
the clerk's designated identification for the
presiding bankruptcy court judge; and, where
applicable, there shall be included the
adversary proceeding number or motion number,
followed by the clerk's designated
identification for the presiding bankruptcy
court judge;
(5)
Upon the filing of certain paper or pleading
(e.g., motions for relief of the automatic stay)
the clerk of the court will issue a motion
control number, which motion control number
shall be included directly below the bankruptcy
case number;
(6)
Every paper filed with this court shall include,
directly below the bankruptcy case number, and
adversary or motion number, a precise, complete,
and specific description of the nature of the
document underlying the initial paper or
pleading filed (e.g., motion to reject executory
contract, notice of motion to reject executory
contract, certificate of service of notice of
motion to reject executory contract, objection
to motion to reject executory contract, order
granting/denying motion to reject executory
contract, etc.);
(7)
Immediately below the description shall appear
the time, date of the hearing on the matter to
which the paper is addressed, and the estimated
time of hearing; and
(8)
A sample illustration of the provisions of
subsections (e)(2)-(7) of this rule is as
follows:
UNITED
STATES BANKRUPTCY COURT
DISTRICT
OF NEVADA
IN
RE: ) BK-N-95-000123-GWZ
)
CHAPTER 7
JOHN DOE, )
)
MOTION TO REJECT
)
EXECUTORY CONTRACT
)
)
Hearing Date:
Debtor(s), ) Hearing Time:
)
Estimated Time:
(f)
11 U.S.C. § 362 pleadings/cover
sheet.
With every filing in this court of a motion for
relief from the automatic stay pursuant 11
U.S.C. § 362, the motion shall be accompanied by
a properly completed § 362 information cover
sheet, on colored paper attached as Exhibit A to
the motion. Failure to comply with any of these
provisions may result in sanctions, denial of
motion or other adverse ruling.
(g)
Facsimile or electronically
produced signature.
Unless otherwise ordered in a case, the clerk
may accept for filing papers (other than
original petitions) bearing a facsimile or
electronically produced signature, as if such
signature was an original signature.
LR 9006.
TIME
PERIODS.
(a)
In appropriate circumstances and for good cause
shown, the court may shorten the time for a
notice of intended action, or for serving a
motion and holding the hearing thereon.
(b)
Unless otherwise permitted by the court, every
motion for an order shortening time shall be
accompanied by an affidavit setting forth the
reason why an expedited hearing is required, a
copy of the motion for which an expedited
hearing is sought, and an “Attorney Information
Sheet For Proposed Order Shortening Time,” or
similar statement indicating the following:
(1)
Whether opposing counsel and other interested
parties and persons were provided notice;
(2)
Whether opposing counsel or other persons
consent to a hearing on shortened time;
(3)
The date counsel or other persons were provided
notice; and
(4)
How notice was provided; or, if counsel or other
persons were not provided notice, how the moving
party attempted to provide notice.
LR 9009. FORMS.
In
addition to the Official Forms prescribed by the
Judicial Conference of the United States, the
court may from time to time establish forms as
needed in the interests of facilitating the
administrative process.
LR 9010.
ATTORNEYS - NOTICE OF APPEARANCE.
Any
corporation, partnership or other business
entity, except when acting as a bankruptcy
trustee for a corporation or partnership, shall
be represented only by an attorney.
LR 9011.
PRO SE PARTIES.
(a)
Petition Preparers.
(1)
Fines for improper conduct of
petition preparers.
When a non-lawyer petition preparer is alleged
to be in violation of 11_U.S.C._§_110(b) through
(g), the Bankruptcy Court shall find the facts
and impose the fines set forth in those
provisions.
(2)
Disallowance of Excess Fees,
Turnover Orders and Fines for Violating Such
Orders.
Where a non-lawyer petition preparer is alleged
to be in violation of 11_U.S.C._§_110(h), the
Bankruptcy Court shall find the facts and order
the disallowance of fees and turnover of such
excess fees to the bankruptcy trustee.
(b)
Injunctions against
Petition Preparers under 11
U.S.C._§_110(j).
(1)
Commencement of action.
An action seeking an injunction under
11
U.S.C._§_110(j) shall be commenced in the
Bankruptcy Court.
(2)
Issuance of injunction.
The Bankruptcy Court shall find the facts and
order an injunction.
(3)
Attorney's fees and costs.
The Bankruptcy Court shall award a successful
plaintiff's fees and costs in bringing an action
pursuant to 11 U.S.C._§ 110(j)(3).
(c)
Certification of Facts to the
District court under 11 U.S.C._§ 110(i).
(1)
Commencement of Certification of
Facts Proceeding.
A certification of facts proceeding under 11
U.S.C._§ 110(i) is commenced in the Bankruptcy
Court on a motion by the debtor, the trustee, a
creditor or on the Bankruptcy Court's own
motion. The Bankruptcy Court is required to:
(A)
Give notice to the accused preparer; and
(B)
Conduct a hearing prior to certifying facts to
the District Court.
(2)
Certification to the District
Court
(A) Include such
findings of fact as were
made during the
bankruptcy proceeding;;
(B) Include the
transcript and the
record in the bankruptcy
proceeding upon which
the facts were found;
(C) Include the
Bankruptcy Court's
finding as to the
debtor's actual damages
under 11 U.S.C._§
110(i)(1)(A);
(D) Include the
Bankruptcy Court's
finding as to whether
the $2,000.00 penalty or
twice the amount paid by
the debtor to the
preparer is the greater
sum for inclusion in the
penalty under 11
U.S.C._§ 110(i)(1)(B);
(E) Include the
Bankruptcy Court's
finding as to the amount
of the movant's
reasonable attorney's
fees and costs incurred
in connection with the
certification
proceedings; and
(F) Advise the
prevailing party in the
bankruptcy proceeding
that it should,
following the issuance
of the Bankruptcy
Court's decision, file
an appropriate motion in
the District Court
moving the imposition of
further sanctions
pursuant to 11 U.S.C._§
110(i).
(3)
District Court Procedure.
When the certification of facts is before the
District Court:
(A) No in-person hearing
is required unless the
court so directs;
(B) At the hearing, no
new evidence shall be
received, and the
hearing shall be on the
record only;
(C) Briefing shall only
be allowed by those
parties affected;
(D) The Bankruptcy
Court's findings of fact
shall be reviewed under
the abuse of discretion
standard; and
(E) The Bankruptcy
Court's conclusions of
law shall be reviewed
de novo.
(d)
Petition preparer guidelines
LR 9013.
MOTION PRACTICE.
See
LR 9014.
LR 9014.
MOTION/CONTESTED MATTERS; BRIEFS AND MEMORANDA
OFF
LAW.
(a)
Applicability.
Unless otherwise ordered by the court, with the
exception of motions made pursuant to Fed. R.
Bank. P. 7056, LR 7056, Fed. R. Bank. P. 2004
and LR 2004, a hearing date must be obtained for
all motions. Whenever “notice and a hearing” is
required the party intending action or
requesting relief shall proceed as follows:
(1)
By motion, if a court order must be obtained. In
the absence of objection, or as is appropriate
in the particular circumstances, the relief
requested may be granted without a hearing; or
(2)
By notice, if action may be taken without court
order in the absence of an objection. The notice
shall be served by the party intending action
upon all parties in interest as specified in
subsection (c)(1) of this rule. If no objection
is timely filed the action may be taken without
a hearing. If an objection is timely filed, it
is the duty of the objecting party to set the
matter for hearing and request determination by
the court.
(b)
Court calendar; hearing.
(1)
Unless otherwise directed by the court, all
hearings (including motions in adversary
proceedings, objections and other matters for
which a hearing is necessary) shall be set by
counsel or persons acting
in
pro se on
the calendar of the judge to which the case is
assigned. The court may set any matter for
hearing whether or not a hearing is required by
statute or rules.
(2)
Each judge of the court will maintain his or her
motion calendar and specific court procedures.
Information as to the time and dates of each
judge's calendar and respective procedures,
including the allowance for live testimony, may
be obtained from the clerk.
(3)
The first date set for the hearing may be deemed
by the judge to be a status and scheduling
hearing if the judge determines that evidence
must be taken to resolve a material factual
dispute. Uncontroverted facts may be taken as
true. The judge may order a further hearing at
which oral evidence and exhibits will be
received, or may order that all evidence shall
be presented by affidavit or declaration.
(c)
Notice of hearing, and service of
motion and notice.
(1)
The movant shall obtain a hearing date and the
notice of hearing shall be filed with the motion
and shall include the following:
(A)
The date;
(B)
Time and place of the hearing;
(C)
A statement of the relief sought;
(D)
A statement of the time for filing and service
of objections;
(E)
A statement that the relief requested may be
granted without a hearing if timely objection is
not filed and served as required by subsection
(e)(1) of this rule; and
(F)
If a hearing has been set pursuant to an order
shortening time, the motion and order shortening
time will constitute notice of hearing.
(2)
Service of the motion and notice thereof shall
be made in accordance with these rules and the
Federal Rules of Bankruptcy Procedure and shall
be made within two (2) business days of the
filing of the motion.
(A)
The proof of service shall show the day and
manner of service and the name of the person
served. Proof of service may be by written
acknowledgement of service or certificate of the
person who made service. The court may refuse to
take action on any papers until proper proof of
service is filed. If an acknowledgement or
certificate of service is attached to the paper
presented for filing, it shall be attached
underneath. The notice and accompanying proof of
service shall be filed not more than five (5)
business days after the filing of the matter.
(B)
Failure to make the proof of service required by
this rule does not affect the validity of the
service. Unless material prejudice would result,
the court may at any time allow the proof of
service to be amended or supplied.
(C)
Except for motions made pursuant to LR 7056 and
LR 4001, and other motions or matters requiring
more or less than twenty-five (25) days notice
as provided elsewhere in these rules, service
shall be completed so that all parties in
interest are given not less than twenty-five
(25) days notice of the hearing, unless the
court shortens the time pursuant to LR_9006 or
otherwise designates the parties to be served.
(d)
Contents of motion; affidavits
and declarations.
(1)
The motion must state the facts upon which it is
based and must contain a legal memorandum. If
affidavits/declarations are used, they must be
filed with the motion, attached as exhibits and
tabbed appropriately.
(2)
Affidavits and declarations failing to comply
substantially with all of the requirements of
subsection (d) of this rule may be stricken in
whole or in part upon the request of an opposing
party or upon the judge's own initiative. A
motion, supported by affidavits and
declarations, made under penalty of perjury,
shall:
(A)
Identify the affiant, the party on whose behalf
the affidavit is submitted, and the motion to
which it pertains;
(B)
Contain only factual evidentiary matter or
expert opinion, conform as far as possible to
the requirements of Fed. R. Civ. P. 56(e), and
avoid mere general conclusions or arguments;
(C)
Specify the source and basis of any statement
made on information and belief, and the reasons
why it cannot be made upon personal knowledge;
(D)
Identify and authenticate documents and exhibits
offered in support of the motion or opposition,
unless such documents are already in the record
and are specifically referred to and identified
in the motion or opposition; and
(E)
If an appraisal, shall include a statement of
the qualifications of the appraiser, and shall
either be made under penalty of perjury or shall
be included by reference into an affidavit or
declaration of the appraiser.
(e)
Opposition or response required;
reply.
(1)
Except for motions made pursuant to Fed. R.
Bank. P. 7056 and LR 7056, an opposition to a
motion must be filed and service completed upon
the movant not more than fifteen (15) days after
service of the motion, but in no event later
than five (5) business days before the date set
for the hearing so that the movant receives the
opposition no less than five (5) business days
before the hearing date or within the time
otherwise fixed by the court. The opposition
must set forth all relevant facts and must
contain a legal memorandum. An opposition may be
supported by affidavits or declarations that
conform to the provisions of subsection (d) of
this rule.
(2)
A reply memorandum may be filed and served upon
the opposing party no later than two (2)
business days before the date set for hearing or
within the time otherwise fixed by the court.
(3)
Uncontroverted facts may be taken as true. If no
response or opposition is filed within the time
required by these rules, the court may enter an
order granting the relief requested in the
motion without further notice and without a
hearing.
(f)
Limitation on Length of Briefs
and Points and Authorities; Requirement for
Index and Table of Authorities.
Unless otherwise ordered by the court,
pre-hearing and post-hearing briefs and points
and authorities in support of, or in response
to, motions shall be limited to twenty (20)
pages including the motion but excluding
exhibits. Reply briefs and points and
authorities shall be limited to fifteen (15)
pages, excluding exhibits. Where the court
enters an order permitting a longer brief or
points and authorities, the papers shall include
an index and table of contents.
(g)
Stipulations.
(1)
Stipulations of counsel relating to proceedings
before the court shall be in writing, signed by
the parties to the stipulation and served on all
other parties who have appeared.
(2)
No stipulations between the parties relating to
proceedings before the court, except
stipulations pursuant to Fed. R. Bank. P. 7029,
shall be effective until approved by the court
and entered upon the court's docket.
(3)
A dispositive stipulation shall be treated as a
motion unless the stipulation is approved in
writing by all counsel who have appeared for the
parties and any party appearing in proper
person.
(4)
Whenever any written stipulation contains a
provision for continuing a hearing or a
provision for vacating a pending hearing, a
separate “Notice of Continuance of Hearing” or
“Notice Vacating Hearing” shall be clearly set
forth in the caption. Any Notice of Continuance
of Hearing shall contain notification of the
hearing date and time which is to be continued,
and the new date and time which has been
scheduled. Any Notice Vacating Hearing shall
contain notification of the hearing date and
time which is to be vacated.
LR 9015. JURY TRIALS.
(a)
Designation to conduct jury
trials.
The bankruptcy judges of this district are
designated to exercise all jurisdiction in civil
jury cases pursuant to 28 U.S.C. § 157(e).
Consent of the parties may be made in writing or
orally on the record and, unless otherwise
ordered by the court, must be given at least
thirty (30) days prior to the date first set for
trial.
(b)
Demand.
Fed. R. Civ. P. 38 shall apply in adversary
proceedings where there is a right to trial by
jury.
(c)
Form of demand.
Where demand is made for a jury trial, it shall
appear immediately following the title of the
complaint or answer containing the demand, or in
such other document as may be permitted by Fed.
R. Civ. P. 38(b). Any notation on the adversary
proceeding cover sheet concerning whether a jury
trial is, or is not demanded shall not
constitute a demand for a jury trial under these
local rules.
(d)
Procedure.
In any proceeding in which a demand for a jury
trial is made, the court shall, upon motion of
one of the parties or upon the court's own
motion, determine whether the demand was timely
made and whether the demanding party has a right
to a jury trial. The court may, on the judge's
own motion, determine that there is no right to
a jury trial in a proceeding even if all the
parties have consented to a jury trial.
(e)
Consent and withdrawal.
If the court determines that the demand was
timely made and the party has a right to a jury
trial, and if all parties have not filed a
written consent to a jury trial before the
court, the bankruptcy judge shall preside over
all pretrial proceedings. When the proceeding is
ready to be tried by a jury, the court shall
certify that fact to the district court, and
further certify that the parties have not
consented to a jury trial in the bankruptcy
court. Upon such certification, reference of the
proceeding shall be automatically withdrawn and
the proceeding assigned to a district court
judge.
(f)
Non-jury determination.
If the court determines that a jury demand was
not timely made, or the demanding party is not
entitled to a jury trial, the proceeding shall
be heard as a non-jury proceeding before the
court.
(g)
Certification to United States
District Court.
If, upon timely motion of a party or on the
judge's own motion, the court determines that a
claim is a personal injury tort or wrongful
death claim requiring trial by a district court
judge, the proceeding shall be certified to the
district court based upon that fact pursuant to
28 U.S.C. § 157(b)(5).
LR 9017. USE OF ALTERNATE DIRECT TESTIMONY AND
EXHIBITS AT
(a)
Purpose.
The purpose of this procedure is to facilitate
pretrial preparation and to streamline the
adducement of direct testimony at trials of
adversary proceedings. This procedure shall be
known as the “alternate direct testimony
procedure.”
(b)
Stipulation for use.
Upon stipulation of all parties involved and the
approval of the judge, or upon order of the
court, the alternate direct testimony procedure
may be utilized in all trials of adversary
proceedings or contested matters. The
stipulation shall be filed with the court no
later than the time of the pretrial conference
required by LR 7016 and 7026.
(c)
Preparation of direct testimony
and exhibits.
Unless otherwise ordered by the court, each
attorney shall prepare a written declaration or
affidavit of the direct testimony of each
witness to be called, except hostile or adverse
witnesses. The declaration or affidavit shall be
executed by the witness under penalty of
perjury. Each statement of fact or opinion shall
be set forth in separate sequentially numbered
paragraphs and shall contain only matters which
are admissible under the Federal Rules of
Evidence. Declarations and affidavits shall
conform to the provisions of LR_9014(d)(2).
(d)
Submission of declarations,
exhibits, and objections.
Unless otherwise ordered by the court, copies of
all declarations of witnesses and exhibits which
are intended to be presented at trial shall be
furnished to opposing counsel and lodged with
the court as follows:
(1)
The plaintiff shall submit all declarations and
exhibits comprising plaintiff's case in chief
ten (10) business days before the trial;
(2)
The defendant shall submit all declarations and
exhibits comprising the defense case five (5)
business days before trial;
(3)
Two (2) business days before trial each party
shall lodge with the courtroom deputy clerk of
the judge to whom the trial is assigned, one (1)
copy of all declarations and exhibits intended
to be presented at trial by that party, and an
original and one (1) copy of that party's
written objections to the admission of any of
the declarations or exhibits of an opposing
party. Copies of exhibits lodged with the clerk
shall be pre-marked by counsel, and shall be
accompanied by a cover sheet index containing a
brief description of each exhibit; and
(4)
Unless otherwise stipulated by the parties with
approval of the judge, the declarants must be
made available for cross examination at the time
of trial.
(e)
Utilization of live testimony.
All cross-examination, rebuttal, and surrebuttal
shall be by live testimony unless stipulated by
the parties and approved by the judge.
Notwithstanding the provisions of this rule, the
court, in its discretion, may allow the live
direct examination of any witness.
LR 9018. SECRET, CONFIDENTIAL, SCANDALOUS, OR
DEFAMATORY
(a) Papers
submitted for the court's
in
camera inspection
shall be accompanied by a captioned cover sheet
complying with LR 9004, indicating that it is
being submitted in
camera. Counsel shall
provide to the court an envelope of sufficient
size into which the in
camera papers can be
sealed without being folded. Counsel shall be
permitted to tender to the clerk of the court
papers in camera without
a prior court order authorizing same.
(b)
The court will review the
in
camera submission
and enter an appropriate order directing that it
be filed under seal, be made part of the
official public file, or be permitted to be
withdrawn. In the event the court orders such
paper sealed, the moving party shall submit an
order in compliance to LR 9022, which order
shall be docketed by the clerk.
LR 9019.
SETTLEMENTS AND AGREED ORDERS; ALTERNATIVE
DISPUTE
RESOLUTION (ADR).
(a)
The court, upon its own initiative or upon the
request of any party in interest, may at any
time order that a matter be set for settlement
conference or other alternative method of
dispute resolution.
(b)
It is the duty of the plaintiff or moving party
to promptly advise the court in writing when any
adversary proceeding or contested matter is
settled.
(c)
Unless otherwise directed by the court, when any
party gives notice of a motion for the approval
of a compromise, that party shall either include
a summary of the essential terms of the
compromise in the notice or shall serve a copy
of the compromise with the notice.
LR 9021.
JUDGMENTS AND ORDERS - ENTRY OF.
(a)
Preparation of entry of orders
and judgments.
Unless proposed findings of fact, conclusions of
law, judgments or orders are submitted in court
and accepted by the judge at the time of the
ruling, counsel whose duty it is to prepare any
such document shall submit the original and a
copy thereof to opposing counsel, to the
trustee, and to the office of the United States
trustee in chapter 11, 12, and 13 cases.
(1)
Unless otherwise ordered, all proposed findings
of fact, conclusions of law, judgments and
orders, shall be prepared in writing by the
attorney for the prevailing party and these
documents shall embody the court's decision and
include a date block, and a judge's signature
block which shall appear approximately one inch
(1_) below at least two (2) typewritten lines on
the right-hand side of the last page;
(2)
No language other than “approved” or
“disapproved” shall appear above opposing
counsel's signature; and
(3)
Unless otherwise ordered by the court, “opposing
counsel” shall mean any attorney who appeared at
the hearing regarding the matter which is the
subject of the order or having filed written
objections.
(b)
Service and lodging.
Counsel preparing the document may proceed in
one (1) of two (2) ways:
(1)
Counsel may mail a copy to all opposing counsel
and the trustee, wait five (5) business days,
and then file the original with the clerk
together with an affidavit or certificate of
service regarding service of the copy; or
(2)
Counsel may serve the original on opposing
counsel who shall forthwith acknowledge on the
original the date of receipt and shall endorse
an approval or disapproval as to form consistent
with the court's oral ruling. Such endorsement
does not constitute approval of the substance
and does not waive any right of appeal.
(3)
Counsel preparing the document shall lodge with
the clerk the endorsed original and such copies
as are required by the clerk.
(c)
Objection.
Opposing counsel shall have five (5) business
days after the date of service under (b)(1) or
(b)(2) within which to file and serve a detailed
statement of objections thereto together with an
alternative proposed form of document. If
objections are filed, the court may either
require counsel to respond as it deems
appropriate or may sign the document as prepared
or as modified.
(d)
Conditional orders.
If no objection is filed to a conditional order
dismissing or converting a case, it will be
deemed to be dismissed or converted at the
expiration of the objection period without
further order of the court.
LR 9022.
JUDGMENTS AND ORDERS - NOTICE
OF.
(a)
Unless otherwise ordered by the court, counsel
whose duty it is to prepare an order or judgment
shall upon entry of such order or judgment,
immediately serve notice of entry on the
opposing counsel as defined in LR 9021(a)(3) or
such other entities as the court directs. The
notice of entry shall include a copy of the
document and the date of entry of the document.
(b)
Lack of notice of the entry does not affect the
time to appeal or relieve or authorize the court
to relieve a party for failure to appeal within
the time allowed except as permitted in
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