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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administrative orders shall be superseded by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
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