|
(b) Upon motion
to the judge to whom the case has been assigned and
after notice and a hearing, the clerk shall reassign
the case to another Division as ordered by that judge
upon the findings that such reassignment would be in
the best interests of the estate and parties in
interest. Upon such reassignment, the clerk shall
transmit the case file to the appropriate office of
the clerk.
|
| |
|
Top
|
LBR
2002-1 |
|
| NOTICES
TO PARTIES IN INTEREST WHO HAVE REQUESTED SERVICE |
|
In addition to
the requirements of any other applicable rule
governing service, and unless otherwise ordered by the
court, a copy of all motions, pleadings, applications,
petitions, and other papers filed in a case shall be
timely served on any party in interest who has filed
in such a case a written demand for such service.
|
| |
|
Top
|
LBR
2014-1 |
|
| EMPLOYMENT
OF PROFESSIONAL PERSONS |
| (a)
In addition to the requirements set forth in Fed. R.
Bank. P. 2014, all applications for the employment of
professional persons shall state whether or not the
person has an interest adverse to the estate and the
nature of that interest and whether or not the person
is disinterested. All applications for approval of
employment shall be accompanied by a proposed order
setting forth the terms of the employment. |
|
(b) In addition to the
general requirements set forth in paragraph (a) above,
an application for the employment of an accountant
shall be accompanied by an affidavit of the proposed
accountant, setting forth the nature and extent of the
services that the accountant proposes to render, the
estimated total cost thereof and hourly rate, the
basis of such estimate, and the extent to which the
accountant is familiar with the books or accounts of
the debtor. Any order authorizing the employment of an
accountant shall fix the maximum hourly rate and the
maximum amount of compensation sought.
|
| |
|
Top
|
LBR
2014-2 |
|
| NON-PROFESSIONAL
EMPLOYEES OF THE TRUSTEE |
| (a)
Unless authorized to carry on the business, a trustee
shall not employ any non-professional person at the
expense of the estate except on order of the court
expressly authorizing such employment and fixing the
amount of compensation or the rate or measure thereof.
The application for such an order shall be made by the
trustee who shall set forth the name of the person
sought to be employed, the reason for the selection,
the necessity for the employment, and whether the
United States Trustee has consented to the request.
The trustee shall not employ persons at the expense of
the estate merely for the purpose of guarding the
property when there are other adequate methods of
protecting it at less expense. |
| (b)
Before payment, each such person employed by the
trustee shall submit a statement setting forth the
dates of employment, and also the hours between which
he or she was actually present and performing the
duties for which he or she was employed. Such
statement shall accompany any application for
allowance of compensation submitted by the trustee.
The sharing of the compensation paid to
non-professional employees of the trustee with any
person is prohibited. |
| |
|
Top
|
LBR
2015-3 |
|
| POST-CONFIRMATION
REPORTS |
|
Within 45 days
after the order confirming a plan in a Chapter 11 case
and, until the entry of final decree , every 90 days
thereafter, the debtor-in-possession, trustee,
distributor, or plan proponent shall file a report
with the court and serve a copy on any committee
appointed in the case, and the United States Trustee,
which report shall set forth the action taken and
progress made in the consummation of the plan pursuant
to 11 U.S.C. § 1106(a)(7).
|
| |
|
Top
|
LBR
2016-1 |
|
| COMPENSATION
FOR PROFESSIONAL PERSONS |
|
(a) Unless
otherwise ordered by the court, all applications for
compensation to attorneys, trustees, accountants, or
examiners for services rendered or reimbursement of
necessary expenses shall, in addition to the
requirements set forth in the Bankruptcy Code and Fed.
R. Bank. P. 2016(a), contain the following
information:
|
|
(1) The date of
the order of appointment;
|
| (2)
A brief general narrative statement of the nature of
the services provided, including the results obtained,
the size of the estate, the total amount of
compensation sought, and any other factors which will
assist the court in determining the reasonable value
of such services; |
|
(3) A typed time sheet, based
upon records prepared contemporaneously with the
services rendered, setting forth:
|
| a.
The dates the services were rendered; |
| b.
A description of services in sufficient detail to
enable the court to find that such services were
actual and necessary; |
| c.
The time spent rendering each service broken down into
tenths of an hour; |
| d.
The identity of the person(s) rendering such services; |
| e.
The normal billing rate for each person providing
services and a total of the amount of time spent by
each person; and |
| f.
The total compensation sought by each person providing
the services. |
| (4)
In the case of an accountant, the maximum compensation
fixed in the order of appointment; |
| (5)
In all applications for reimbursement of expenses, an
itemization as to purpose, amount, and date incurred,
accompanied by an invoice, receipt, or other
documentation for each item for which reimbursement is
sought. The general costs of doing business, such as
regular postage and ordinary telephone expenses will
not be allowed; and |
| (6)
Whenever the time sheet required in paragraph (3)
above exceeds five pages, each page shall set forth a
cumulative total of the times recorded therein and on
preceding pages. |
|
(b) All applications of
persons other than attorneys, trustees, accountants,
or examiners for compensation and reimbursement of
expenses in the amount of $500.00 or less shall be
governed by the requirements set forth in the
Bankruptcy Code and Fed. R. Bank. P. 2016(a) and
contain the following information:
|
| (1)
The date of the order of appointment; |
| (2)
A brief general narrative statement of the nature of
the services provided; |
| (3)
Based upon records prepared contemporaneously with the
services rendered, a statement, indicating: |
| (a)
The dates the services were rendered; |
|
(b) The identity of the
person or persons rendering such services; and
|
| (c)
The total compensation sought by each person providing
the services. |
| |
|
Top
|
LBR
2071-1 |
|
| COMMITTEES
IN CHAPTER 11 AND 12 CASES |
|
Within five (5)
days of the appointment of a committee, the United
States Trustee shall file with the court a list
containing the names, addresses, and telephone numbers
of persons serving on such committee. If a
creditors’ committee is not constituted, a statement
to that effect relating briefly the reasons for not
appointing a committee shall be filed with the court.
|
| |
|
Top
|
LBR
3002-1 |
|
| PROOFS
OF CLAIM |
|
Any creditor
filing a proof of claim shall, contemporaneously with
the filing of the original proof of claim, serve a
copy, via first class mail, on the
debtor-in-possession or any trustee appointed in a
Chapter 11 case, and on the trustee in a Chapter 12 or
13 case.
|
| |
|
Top
|
LBR
3015-1 |
|
| CHAPTER
12 AND 13 PLANS |
|
The debtor shall
file the original and three (3) copies of the Chapter
12 or 13 plan.
|
| |
|
Top
|
LBR
3017-1 |
|
| TRANSMISSION
AND NOTICE OF |
| PLAN
AND DISCLOSURE STATEMENT |
|
Unless the court
otherwise directs, the proponent of a plan shall
transmit all notices and other documents required by
Fed. R. Bankr. P. 3017(a).
|
| |
|
Top
|
LBR
3018-2 |
|
| CERTIFICATION
OF ACCEPTANCES |
| AND
REJECTIONS OF CHAPTER 11 PLANS |
|
Prior to or at
the hearing on confirmation, the proponent of a
Chapter 11 plan, or other party who receives the
ballots accepting or rejecting such plan, shall
certify to the court the amount and number of allowed
claims or interests in each class accepting or
rejecting the plan. A copy of the certification shall
be served upon the debtor, debtor-in-possession,
trustee, if any, United States Trustee, any committee
appointed pursuant to the Bankruptcy Code, and any
other entity designated by the court. On the basis of
the certification, the court may find that the plan
has been accepted or rejected.
|
| |
|
Top
|
LBR
3019-1 |
|
| MODIFICATION
OF CHAPTER 11 PLAN |
| BEFORE
ACCEPTANCE |
|
In the event
that the proponent of a Chapter 11 plan files a
modification of the plan after transmittal of the
disclosure statement and before the time specified for
acceptance or rejection of the plan, the proponent
shall serve a copy of the plan, as modified, on the
debtor, debtor-in-possession, trustee, if any, the
United States Trustee, any committee appointed
pursuant to the Bankruptcy Code, and any other entity
designated by the court. On notice to such entities,
the court shall determine, after motion and hearing,
whether the modification adversely affects the
treatment of the claim of any creditor or the interest
of any equity security holder who has not accepted the
modification in writing. If the modification is not
adverse, the plan, as modified, shall be deemed
accepted by the creditors and equity security holders
who accept the plan. If the modification is adverse,
the requirements of Fed. R. Bankr. P. 3017 shall apply
to the modified plan and any amendment to the
disclosure statement made necessary by the
modification.
|
| |
|
Top
|
LBR
3022-1 |
|
| CLOSING
CHAPTER 11 CASES |
| (a)
Unless the court orders otherwise, within thirty (30)
days following substantial consummation of a Chapter
11 plan, the debtor-in-possession, trustee,
distributor, or plan proponent shall file with the
clerk and the United States Trustee a closing report
which shall: (1) contain a breakdown of the
disbursements, as applicable from the inception of the
case, for fees of the debtor’s attorney, other
professional fees and expenses, the trustee’s fees,
and fees for the trustee’s attorney; (2) state the
percentage of dividend paid and to be paid, or whether
the future dividend percentage is not yet
determinable; and (3) state the steps taken to
consummate the plan and whether the initial plan
distribution is complete. |
| (b)
After substantial consummation of the plan, the
debtor-in-possession, trustee, distributor, or plan
proponent shall file an application for a final decree
in accordance with Fed. R. Bank. P. 3022. |
| |
|
Top
|
LBR
5003-2 |
|
| INTEGRITY
AND EXAMINATION OF FILES |
|
No papers on
file in the office of the clerk shall be removed
therefrom except with permission of the clerk.
|
| |
|
Top
|
LBR
5010-1 |
|
| REOPENING
CASES |
|
A motion to
reopen a case pursuant to 11 U.S.C. § 350(b) and Fed.
R. Bank. P. 5010 shall state the reason therefore and
shall be filed with the clerk in the court where such
case was closed. The court may direct the clerk to
obtain any required part of the record of the closed
case from wherever it is stored. A filing fee for a
case reopened pursuant to 11 U.S.C. § 350(b) and Fed.
R. Bank. P. 5010 shall be required unless the case is
reopened to correct an administrative error, or on
account of actions relating to the debtor’s
discharge.
|
| |
|
Top
|
LBR
5011-1 |
|
| WITHDRAWAL
OF REFERENCE |
|
A motion for
withdrawal of the reference shall be filed with the
clerk of the Bankruptcy Court. The clerk of the
Bankruptcy Court shall promptly transmit the motion to
the clerk of the United States District Court and
notify the movant of the transmission. The movant
shall notify all other parties of the transmission.
Following transmission of the motion to the clerk of
the District Court, all further papers with respect to
the motion shall be filed with the clerk of the
District Court.
|
| |
|
Top
|
LBR
5080-1 |
|
| COURT
FEES |
| The
clerk shall not be required to render any service for
which a fee is prescribed by statute or by the
Judicial Conference of the United States unless the
fee for the service is paid in advance. |
| |
|
Top
|
LBR
6004-1 |
|
| SALE
OF ESTATE PROPERTY |
|
(a) Appraisals shall ordinarily be
required prior to any sale not in the ordinary course
of business unless the trustee or debtor-in-possession
determines that such appraisal is not warranted under
the facts of the case. Where appropriate, the trustee
or debtor-in-possession may determine the value of any
property by reference to current price guides used to
determine the value of such property, unless otherwise
directed by the court. |
| (b) Appraisals shall be submitted to the court not later than noon on the day prior to the sale of the property in question. Each appraisal shall be kept under seal upon filing and treated asconfidential. Access to the appraisal may be had only by the court, the United States Trustee, and such other parties as the court may direct. Unless otherwise authorized by the court, the appraisals shall be unsealed at the conclusion of the case. |
|
(c) No trustee, appraiser, or
auctioneer, or officer, director, stockholder, agent,
employee or relative of a trustee, appraiser or
auctioneer, shall directly or indirectly purchase any
of the property of any bankruptcy estate. |
|
(d) Unless otherwise ordered by the
court: (1) assets of an estate shall not be sold on a
percentage basis, i.e., on terms providing for the
payment of a fixed percentage to creditors and
expenses of administration; (2) a public sale shall be
advertised at least fourteen (14) days before
the sale, although the trustee may require further
advertising; (3) the property to be sold shall be open
to public inspection for such reasonable period prior
to the sale as the trustee may determine; and (4) an
auctioneer shall, before receiving bids, announce the
terms of sale, including the statement that no sale is
final without the approval of the trustee. |
|
(e) A purchaser at any public sale
shall not be entitled to a refund on account of
discrepancies between the assets offered for sale by
the auctioneer and the assets as listed in the
inventory. Any property which, because of reclamation
proceedings or for other reasons, is not included in
the sale, shall be set apart and conspicuously marked
"not included in sale," and such fact shall
be announced by the auctioneer before the sale. Except
upon prior approval of the Court, only items
constituting assets of the estate being administered
shall be sold at any sale held pursuant to provisions
of the Bankruptcy Code, and such sales shall not be
conducted in conjunction with any non-bankruptcy sale.
|
| (f)
When the trustee acts as auctioneer, he or she shall
receive no compensation therefore in excess of the
amount provided by the Bankruptcy Code for trustees. |
| (g)
Unless the court orders otherwise, trustees must be in
attendance throughout all auction sales. |
| (h)
The sanctions which may be imposed for violation of
this Rule, include, but are not limited to, the
disqualification of a person from future employment on
behalf of bankruptcy estates. |
| |
|
Top
|
LBR
6005-1 |
|
| EMPLOYMENT
OF APPRAISERS AND AUCTIONEERS |
| (a)
All applications for the appointment of an appraiser
must be filed with the court for approval. Said
applications shall contain at a minimum the following
information: |
| (1)
A statement setting forth in what manner and by whom
the costs of the appraisal will be paid, and if
payment is to be made from assets of the estate, a
statement that the estate has adequate funds with
which to pay the appraisal fee; |
| (2)
The name and address of the appraiser and the maximum
amount of the appraisal fee; |
| (3)
A statement to the effect that the appraiser does not
hold an interest adverse to the estate, is a
disinterested person, and a description of the
appraiser’s general qualifications; |
| (4)
A description of the item(s) to be appraised, their
estimated value and the time required for the
appraisal; and |
| (5)
If the appraiser sought to be appointed will incur
travel expenses in connection with the appraisal, an
explanation as to why a local appraiser is unavailable
or unsuitable. |
| (b)
All applications for allowance of appraiser’s fees
for services rendered or reimbursement of expenses
totaling $500.00 or more, shall, in addition to the
requirements set forth in the Bankruptcy Code and Fed.
R. Bankr. P. 2016(a), contain the following
information: |
| (1)
The date of the order of appointment; |
| (2)
In concise form, a general narrative statement of the
nature of the services provided; and |
| (3)
A statement, based upon records prepared
contemporaneously with the services rendered,
indicating: |
| a.
The dates the services were rendered; |
| b.
The identity of the person or persons rendering such
services; and |
| c.
The total compensation sought by each person providing
the services. |
| (c)
Unless otherwise provided by the order of the court,
sections (d) through (m) of this Rule shall apply to
the employment of all auctioneers and the conduct of
auctions. |
| (d)
The employment of an auctioneer shall be submitted to
the court for approval upon application setting forth: |
| (1)
The need for an auctioneer’s services; |
| (2)
A description of the property to be sold, its
estimated value, and the location thereof; |
| (3)
How the auctioneer is to be paid, and, if payment is
to be made from assets of the estate, whether the
estate will have adequate funds with which to pay the
auctioneer’s fee; |
| (4)
If the items to be auctioned constitute collateral,
entirely or in part, whether or not the party claiming
a security interest in such collateral has agreed to
pay any or all of the auctioneer’s expenses; |
| (5)
How many assistants, if any, will be required to help
the auctioneer and why such assistance is required, a
statement by the trustee in support of the number
required and the expense to be incurred for each
assistant, based upon an hourly fee; and |
| (6)
A statement that the auctioneer is enrolled on the
list of qualified auctioneers as approved by the
court, or a statement pursuant to subsection (e) of
this rule. |
| (e)
No auctioneer shall have his or her name enrolled upon
the list of qualified auctioneers unless he or she
shall file with the clerk a verified application for
approval as an auctioneer, which application shall
contain: |
| (1)
Facts as to the applicant’s qualifications and
previous experience as an auctioneer; |
| (2)
A description of the business in which he or she has
been engaged within the past ten (10) years; |
| (3)
Banking references; |
| (4)
A statement whether he or she has ever been convicted
of any criminal offense, other than motor vehicle
violations; |
| (5)
A statement whether he or she has been liable in any
litigation for the repayment or return of any money or
property held by him or her in a fiduciary capacity; |
| (6)
Three (3) letters of recommendation as to the
applicant’s character, ability, and experience to
act as an auctioneer; and |
| (7)
A statement whether he or she has ever been denied
coverage under a corporate surety bond. |
| (f)
An auctioneer employed with court approval shall not
act until he or she gives in each estate, at his or
her own expense, a surety bond in favor of the United
States of America, to be approved by and in such sum
as may be fixed by the court, conditioned upon: |
| (1)
The faithful and prompt accounting for all monies and
property which may come into his or her possession as
auctioneer; |
| (2)
Compliance with all rules, orders, and decrees of the
court; and |
| (3)
The faithful performance of his or her duties in all
respects. |
| Said
bond shall contain a provision that it may not be
canceled or terminated without sixty (60) days notice
being given to the clerk and the United States
Trustee. In lieu of a bond in each case, an auctioneer
may be permitted to file a blanket bond covering all
cases in which he or she may act. Such blanket bond
shall be in favor of the United States of America,
shall be in the sum of one million dollars
($1,000,000.00), and shall be conditioned for each
estate on the same terms as bonds in separate estates. |
| (g)
The name of any auctioneer may be removed from the
list of qualified auctioneers at any time by the
court, in its sole discretion. Notice of such removal
shall be sent forthwith to such auctioneer and to his
or her bonding or surety company. |
| (h)
In the event that the employment of a particular
auctioneer, other than an auctioneer on the list of
qualified auctioneers, is required, an application for
such employment shall specify the reasons and
necessity for such employment. Such auctioneer, before
such employment, shall qualify by filing a bond in
such amount as is set by the court, unless excused by
the court. |
| (i)
Compensation and Expenses: |
| (1)
An auctioneer appointed by the court may be allowed,
as compensation on the sale of personal property, a
sum equivalent to 10% of the first $50,000.00; 8% of
the next $25,000.00; 6% of the next $25,000.00; 4% of
the next $50,000.00 and 2% of all amounts over
$150,000.00. On real property, an auctioneer may be
allowed up to 5% commission on the sale price of the
property. Any allowance of compensation and
reimbursement of expenses to an auctioneer shall be
paid only upon proper application and subject to the
approval of the court. |
|
(2) An auctioneer shall be
reimbursed for reasonable and necessary expenses
directly related to the sale, including printing,
advertising, insurance, and bond costs. Where the
auctioneer has a blanket bond, the auctioneer may be
reimbursed a proportionate amount of the costs, based
upon the value of the assets sold by the auctioneer in
the particular estate. When directed by the trustee to
transport goods, the auctioneer shall be reimbursed
for expenditures related thereto. No travel expenses
shall be allowed except as ordered by the court. The
auctioneer may be reimbursed for his or her expenses
only if the application for reimbursement is supported
by a sworn affidavit, setting forth the specific
expenses incurred and the necessity for such.
Vouchers, invoices, receipts, or other appropriate
supporting documentation shall accompany the
application. Where disbursements were made for
advertising, copies of the actual advertisements shall
be attached to the affidavit.
|
| (j)
A person shall not at any time, directly or
indirectly, designate or refer to himself or herself
as "Official United States Auctioneer," or
as "Official Bankruptcy Auctioneer," or use
any similar title or designation which states
expressly or by implication that such person is an
officer of the United States District Court or
Bankruptcy Court, or that such person holds any
permanent designation by the court as an auctioneer. |
| (k)
Every auctioneer acting hereunder shall at all times
keep proper records of all transactions and shall
submit a report of each sale which shall include the
following information: |
| (1)
The time and place of sale; |
| (2)
The gross amount of the sale and when property is sold
in lots, the items in each lot and the amount received
for each lot, with the name of the purchaser, as well
as any bulk bid; |
| (3)
An itemized statement of the expenditures,
disbursements, and commissions allowable under this
Rule, together with appropriate vouchers as described
in paragraph (i)(2) above; and |
|
(4) Whenever articles are
sold free and clear of liens, with the liens to attach
to the proceeds, the articles and liens shall be
itemized separately.
|
| (l)
The trustee shall not delegate any of his or her
fiduciary responsibilities to an auctioneer. |
| (m)
The sanctions that may be imposed for violation of
this Rule, include, but are not limited to, the
disqualification of the person from future employment
on behalf of bankruptcy estates. |
| |
|
Top
|
LBR
7024-2 |
|
| NOTICE
OF CLAIM OF UNCONSTITUTIONALITY |
|
To enable the
Court to comply with the requirements of 28 U.S.C. §
2403, if at any time prior to the trial of any
adversary proceeding or contested matter to which
neither the United States, an individual state, nor
any agency, officer, or employee of either is a party,
a party draws in question the constitutionality of an
Act of Congress or a state statute affecting the
public interest, such party shall give written notice
to the court of the existence of such question and
specifically identify the statute and the respects in
which it is claimed to be unconstitutional. Copies of
the notice shall be served upon all parties to the
matter or proceeding, the United States Trustee, and
the United States Attorney for the District of
Connecticut and/or the chief legal officer of the
State whose statute is claimed to be unconstitutional.
|
| |
|
Top
|
LBR
7041-1 |
|
| ACTIONS
TO DETERMINE DISCHARGE AND DISCHARGEABILITY |
| (a)
No adversary proceeding to deny a discharge shall be
withdrawn, dismissed, or settled except upon an order
of the court after notice to the trustee, all
creditors, and other parties in interest and a
hearing. |
| (b)
In the event of a dismissal of an adversary proceeding
to deny the discharge of a debtor no discharge shall
be granted unless the debtor shall file an affidavit
and the debtor’s attorney shall sign and file a
statement that no consideration has been promised or
given, directly or indirectly, for any such dismissal. |
| (c)
No adversary proceeding to determine the
dischargeability of a debt shall be settled except
upon the order of the court after full disclosure of
the terms of any agreement entered into between the
parties relating to the payment of the debt in whole
or in part. |
| |
|
Top
|
LBR
8004-1 |
|
| COPIES
OF NOTICE OF APPEAL |
|
Upon the filing
of a notice of appeal, the appellant shall provide the
clerk with sufficient copies of the notice of appeal
to permit the clerk to comply with Fed. R. Bankr. P.
8004.
|
| |
|
Top
|
LBR
9001-1 |
|
| DEFINITIONS |
|
The definition
provisions of 11 U.S.C. § 101 and Fed. R. Bankr. P.
9001 shall be applicable to these Local Rules.
|
| |
|
Top
|
LBR
9004-1 |
|
| REQUIREMENTS
OF FORM |
|
In addition to
the requirements of the applicable Local District
Court Rule, all petitions, statements, schedules,
pleadings, reports, and other papers shall be written,
typewritten, printed, or reproduced on durable white
paper of good quality on one side of a page only;
shall be without erasures or interlineations
materially defacing them; and, except for trial or
hearing exhibits, shall be punched with two (2) holes
two and three-quarters (2¾) inches apart, each
centered seven-sixteenths (7/16) of an inch from the
upper edge, one being two and seven-eighths (2 7/8)
inches from the left-hand edge and the other being the
same distance from the right-hand edge, and each
one-quarter (¼) of an inch in diameter.
|
| |
|
Top
|
LBR
9010-1 |
|
| APPEARANCES |
| (a)
The signature of an attorney for a petitioner on a
bankruptcy petition or the signature of an attorney on
a complaint or a motion in a bankruptcy case
constitutes a notice of appearance pursuant to Fed. R.
Bankr. P. 9010(b), and constitutes a certification
that the attorney is authorized to practice in the
United States Bankruptcy Court for the District of
Connecticut. |
| (b)
An attorney entering a case under the Bankruptcy Code,
or any matter commenced by a complaint or motion,
shall first file an appearance with the court and
serve the same upon the debtor or the
debtor-in-possession, any trustee, any committee or
its counsel, the United States Trustee, and, if an
adversary proceeding, any party to such proceeding. |
| |
|
Top
|
LBR
9013-1 |
|
| FORMS
OF PLEADINGS APPLYING TO |
| CERTAIN
CONTESTED MATTERS |
| Motions
seeking relief under the following listed sections of
the Bankruptcy Code shall comply with the requirements
of Fed. R. Bankr. P. 7010: |
| Section
362(d) - Relief from stay; |
| Section
363(c) - Use of cash collateral; |
| Section
363(f) - Sale free and clear of interests in property; |
| Section
364(d) - Obtain or incur debt secured by a senior or
equal lien ; |
| Section
365(a), (f) - Assumption or rejection of executory
contracts and unexpired leases; |
| Section
506 - Determination of secured status; and |
| Section
522(f) - Avoidance of fixing of liens. |
| |
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|
LBR
9015-1 |
|
| JURY
TRIALS |
| (a)
Fed. R. Civ. P. 38, 39, 47-51, and 81(c) (insofar as
it applies to jury trials) apply in cases and
proceedings, except that a demand made under Fed. R.
Civ. P. 38(b) shall be filed in accordance with Fed.
R. Bank. P. 5005. |
| (b)
If the right to a jury trial applies, a timely demand
has been filed under Fed. R. Civ. P. 38(b), and the
bankruptcy judge has been specially designated to
conduct the jury trial, the parties may consent to
have a jury trial conducted by a bankruptcy judge
under 28 U.S.C. § 157(e) by jointly or separately
filing a statement of consent no later than thirty
(30) days following the jury trial demand. |
| |
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|
LBR
9019-2 |
|
| ALTERNATIVE
DISPUTE RESOLUTION (ADR) |
| (a)
An adversary proceeding or a contested matter may be
referred for voluntary ADR at any stage of the
bankruptcy litigation deemed appropriate by the
parties and the judge to whom the adversary proceeding
or a contested matter has been assigned. |
| (b)
Before an adversary proceeding or a contested matter
is referred to voluntary ADR, the parties must agree
upon, subject to the approval of the judge: |
| (1)
The form of the ADR process (e.g., mediation,
arbitration, summary trial, minitrial, etc.); |
| (2)
The scope of the ADR process (e.g., settlement of all
or specified issues, resolution of discovery schedules
or disputes, narrowing of issues, etc.); |
| (3)
The ADR provider; and |
| (4)
The effect of the ADR process (e.g., binding or
non-binding). |
| (c)
When an agreement between the parties and the judge
for a voluntary ADR referral has been reached, the
parties shall file jointly for the judge’s
endorsement a "Stipulation for Reference to ADR."
The Stipulation, subject to the judge’s approval,
shall specify: |
| (1)
The form of the ADR procedure and the name of the ADR
provider agreed upon; |
| (2)
The judicial proceedings, if any, to be stayed pending
ADR; |
| (3)
The procedures, if any, to be completed prior to ADR
(e.g., appraisal, expert opinions, etc.); |
| (4)
The effect of the ADR process; |
| (5)
The date or dates for the filing of progress reports
by the ADR provider with the trial judge or for
completion of the ADR process; and |
| 6)
The special conditions, if any, imposed by the judge
upon any aspect of the ADR process. |
| (d)
All ADR sessions shall be deemed confidential and
protected by the provisions of Fed. R. Evid. 408 and
Fed. R. Civ. P. 68. No statement made or document
produced as part of an ADR proceeding, not otherwise
discoverable or obtainable, shall be admissible as
evidence or subject to discovery. |
|
(e) At the
conclusion of the voluntary ADR session(s), the ADR
provider’s report to the judge shall merely indicate
"matter settled or not settled," unless the
parties agree to a more detailed report (e.g.,
stipulation of facts, narrowing of issues and
discovery procedures, etc.). If a matter settles, the
parties shall agree upon the appropriate moving papers
to be filed for the judge’s endorsement. If a matter
does not settle but the parties agree to a narrowing
of discovery or legal issues, then the ADR provider’s
report shall set forth those matters for endorsement
or amendment by the judge.
|
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|
LBR
9029-2 |
|
| ADMINISTRATIVE
ORDERS |
|
The clerk shall
maintain an administrative order book, containing all
currently effective administrative orders of the court
that are applicable throughout the district, dated and
numbered chronologically. Copies of such
administrative orders shall be available upon request
at the office of the clerk.
|
