LOCAL RULES OF PRACTICE Effective 6 1

Local Rules Of Practice Effective 6 1-Free PDF

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TABLE OF CONTENTS, Note This Table of Contents follows the Chapter outline and the rules numbering of the Federal Rules. of Bankruptcy Procedure There may however be gaps in the numbering system where there is no. local rules related to the federal rule For ease of reference all local rules pertaining to Chapter 13. administration are assigned to Local Rules 3070 3094. Definitions 16, PART I COMMENCEMENT OF CASE PROCEEDINGS RELATING TO PETITION 17. Rule 1001 1 Scope of Rules 17,A Authority and Citation 17. B Application 17,C Effective Date 17,D District Court Rules 17. E Procedures Manual 17,F Website 17,Rule 1002 2 Complex Chapter 11 Cases 17.
A Designation of a Complex Chapter 11 Case 17,B Notice of Designation 18. C Initial Motions and Hearings 18,D The Clerk s Responsibility 18. Rule 1002 3 Small Business Cases 19,A Applicability of Rule 19. B Duties of Debtors in Small Business Cases 19,C Periodic Reporting 19. Rule 1007 1 Lists Schedules Statements and Other Documents 19. A Filing 19, B Debtor s Evidence of Employer Payments for past 60 days 20.
C Service on United States Attorney 20,D Declaration Re Electronic Filing 20. E Statement of Chapter 7 Business Operations 20,Page 2 of 84. F Mailing Matrix 20,G Involuntary Case 21,H Expiration of Agency 21. Rule 1009 1 Lists and Schedules Not Filed with the Petition and Amendments to Lists and Schedules. A Verification 21,B Service and Notice 21,C Amended Matrix 22. D Format for Amended Schedule C Exempt Property 22. Rule 1015 1 Joint Administration 22, Rule 1017 1 Dismissal or Conversion of Case Reinstatement or Reopening of Dismissed Case 22.
A Dismissal 22,C Conversion 22,D When Conversion Procedure Applicable 23. E Debtor s Motion to Vacate Dismissal and Reinstate Reopen Case Debtor s Motion to Reopen 23. Rule 1019 1 Conversion Amended Schedules Required 23. Rule 1073 1 Assignment of Cases 23,A Jurisdiction 23. B Assignment 23,C Case After Prior Case 24,D Related Cases 24. E Transfer 24,F Recusal 24,G Jointly Administered or Consolidated Cases 24. H Platte County 24,I Stone County 24,PART II ADMINISTRATION 25.
Rule 2002 1 Notice to Creditors and Other Interested Parties 25. A To be served by the Clerk 25,B To be served by the movant 25. C Preferred Creditor Addresses 26,Page 3 of 84, Rule 2002 2 Notice to the United States or Federal Agency 26. A Notice to United States Trustee 26,B Emergency Matters 26. C Government Parties 26, D Educational Loans Service on United States Attorney 26. Rule 2002 3 Returned Notices 26,A Returned Mail 26.
B Returned E mail 26,Rule 2004 1 Examinations 27,A Scheduling by Notice 27. B Objection to Notice 27,C Disputes 27,D Ex Parte Motion 27. E Videotape 27, Rule 2007 1 1 Appointment or Election of Trustee or Examiner in a Chapter 11 Reorganization Case 27. A Request for an Election 27,B Manner of Election and Notice 27. C Application for Approval of Appointment and Resolution of Disputes 27. Rule 2015 2 Debtor In Possession Duties 28,A Statement 28.
B Operating Statement 28,C Reports to the Court 28. D Reports to the United States Trustee 28, E Failure to File Reports Cause for Dismissal or Conversion 28. Rule 2015 6 Authorized Depositories 28,A Required Accounts 28. B Additional Accounts 29, Rule 2016 1 Compensation For Services Rendered and Reimbursement of Expenses 29. A Prepetition Retainers and Other Payments 29,B Service of Application 29.
C When Application Over 1 000 Additional Notices 30. D When Application Unnecessary 30,Page 4 of 84,E Adversary Proceedings 30. F Post Confirmation Attorney Fees in Chapter 13 Cases 30. G Payment of Attorney Fees Through Chapter 13 Plan 31. Rule 2090 1 Attorneys Admission to Practice 32,A Attorney Admission Discipline 32. B Local Counsel for Member of Bar 32,C Visiting Counsel 32. D Government Counsel 33,E Former Law Clerk 33,F Appearance Without Counsel 33. Rule 2091 1 Attorneys Withdrawal and Substitution 33. A Withdrawal 33,B Substitution 34,PART III CLAIMS PLANS 34.
Rule 3001 1 Proofs of Claim 34,B Service of Proofs of Claim 34. C Transferred Claims 34, Rule 3002 1 Filing Proofs of Claim in Chapters 7 and 11 34. A Chapter 7 34,B Chapter 11 34,C Chapter 13 See Local Rule 3084 1 35. D Conversion 35,E Lease Rejection and Avoidance Action Claims 35. Rule 3002 1 1 Notice Relating to Claims Secured by Security Interest in the Debtor s Principal. Residence Not Required in Certain Circumstances 35. Rule 3007 1 Objections to Claims 35, A Chapter 13 Claim Objections See Local Rule 3084 1 35.
B Omnibus Objection 35, C Procedure for Objections to Claims Response Filed 35. D Procedure for Objections to Claims Amended Claim Filed 35. E Separate Objection Permitted When Trustee Seeks Affirmative Relief 36. Page 5 of 84,Rule 3010 1 Small Dividends and Payments 36. Rule 3011 1 Unclaimed Funds 36,A Deposit by Chapter 7 12 or 13 Trustee 36. B Disposition of Unclaimed Funds Under A Chapter 11 Liquidating Plan 36. C Disposition of Undistributable Funds Under a Chapter 11 Liquidating Plan 37. D Payment of Unclaimed Funds 37, Rule 3015 1 Filing of Plan Objection to Confirmation Modification of a Plan in a Chapter 13 37. Rule 3016 1 Chapter 11 Plan Not Small Business 37, Rule 3016 2 Disclosure Statement Not Small Business 38.
A Disclosure Statement 38,B Approval of Disclosure Statement 38. Rule 3016 3 Plan and Disclosure Statement in Small Business Cases 38. A Applicability of Rule 38,B Form of Plan and Disclosure Statement 38. C Conditional Approval of Disclosure Statement 39, D Plan of Reorganization as Disclosure Statement 39. Rule 3020 1 Ballots 39,A Service 39,B Filing 39,C Summary 39. Rule 3022 1 Final Decree in Chapter 11 Case 39,Rule 3070 1 Chapter 13 Direct Payments 39.
Rule 3080 1 Chapter 13 Service 39, Rule 3081 1 Chapter 13 Closing Before Confirmation 39. Rule 3082 1 Home Mortgage Modifications in Chapter 13 Cases 40. A Local Forms Required 40,B Objections 40,C Trial Home Mortgage Modification 40. D Permanent Home Mortgage Modification 41,E Effects of Plan Payment Change 42. F Continuing Payment of Additional Fees Expenses and Charges 42. Rule 3083 1 Chapter 13 Plan Objections to Plan 42,Page 6 of 84. A Plan Summary 42,B Service of the Plan Summary 42.
C Plan Percentages 42,D Objections to Plans 42,E Objections to Amended Plans 42. F Incorporation of the Plan Summary 42,G Wage Order to Employer 43. Rule 3084 1 Chapter 13 Proofs of Claim Objections to Claims 43. A Filing and Service 43,B Claims Register 43,C Classification 43. D Secured Claim 43, E Present Value on Secured Claims other than claims secured by debtor s residence 44. F Interest on Claims Secured by Debtor s Residence 44. G Chapter 13 Rate 44,H Objections 45,I Claims Allowed 45.
J Claim Amount 45,K Present Value and Interest Calculations 45. L Equal Monthly Payments 45,Rule 3085 1 Notice to Allow Claims 46. A Trustee Notice 46,B Response 46, Rule 3086 1 Payment of Claim After Lifting of Stay Adequate Protection 46. A Order Lifting Stay 46,B Adequate Protection General 46. C Adequate Protection Leases 47, D Adequate Protection Claim Secured by Personal Property 47.
E Adequate Protection Claim Secured by Real Property 48. Rule 3087 1 Garnishment Proceeds 49, Rule 3088 1 Chapter 13 Emergency Refunds Suspension of Plan Payments And Borrowing 49. A Emergency Refunds 49,Page 7 of 84,B Suspension of Plan Payments 49. C Treatment of Suspended Plan Payments 49,D Emergency Borrowing 49. Rule 3089 1 Refunds in Dismissed Chapter 13 Cases 50. Rule 3091 1 Disbursement of Insurance Proceeds 50,A No Court Approval Needed 50. B Court Approval Needed 50,C Plan Payments Continue to Loss Payee 50.
D Excess Insurance Proceeds Received by Debtor 50,Rule 3092 1 Executory Contracts and Leases 50. Rule 3093 1 Chapter 13 Plan Payoffs 51,A Motion to Provide Payoff 51. B Contents of Motion 51,Rule 3094 1 Payments on Real Property 51. A Assumed Leases 51,B Assumed Contracts for Deed 51. C Residential and Non residential Mortgages 51, Rule 3095 1 Chapter 13 Plan and Plan Amendments Attorney Certification 58.
PART IV THE DEBTOR DUTIES 58,Rule 4001 1 Automatic Stay Relief From 58. A Notice Default 58,B Motion for Stay Relief Contents 59. C Exhibits Witnesses 59,D Order 59,E Adequate Protection 59. F Trustee Service of Documents 59,G Mechanics Liens 59. H Negotiations with Governmental Agencies 59,I Conditional Orders Granting Relief from Stay 60.
Rule 4001 2 Automatic Stay Extension or Imposition 60. A Scope of Rule 60,B Contents of Motion 60,Page 8 of 84. C Service of the Motion 60,D Notice of Motion and Hearing 60. E Order Entered Without Hearing 60, Rule 4001 3 Automatic Stay Internal Revenue Service 61. A Scope of Rule 61, B Motion for Relief from the Automatic Stay Not Necessary 61. Rule 4001 4 Automatic Stay Mortgage Statement Not a Violation of the Stay 61. Rule 4002 1 Duties of Debtor 61,A Request 61,B Copies 61.
C Collateral Inspection 61,Rule 4003 1 Garnishments 62. A Pre petition Garnishments Lien Avoidance 62,B Post Petition Garnishment 62. Rule 4004 1 Grant or Denial of Discharge 62, Rule 4004 2 Extensions of Time to File Objections to Discharge Dischargeability 62. Rule 4004 3 Chapter 7 Cases Closed Without Discharge 62. Rule 4004 4 Discharge in Chapter 13 Case Completed Plan 62. A Motion for Entry of Discharge 62,B No Motion Filed 62. Rule 4004 5 Discharge in Chapter 11 Case Individual Debtor 63. A Motion for Entry of Discharge 63, B Chapter 11 Individual Discharge in Closed Case 63.
Rule 4004 6 Discharge in Chapter 12 Case 63, A Motion for Entry of Discharge Completed Plan Payments Pursuant to 1228 a 63. B Motion for Entry of Discharge Not Completed Plan Payments Pursuant to 1228 b 63. C No Motion Filed 63,Rule 4008 1 Reaffirmation Agreements 63. A Filing of Reaffirmation Agreement 63, B Statement in Support of Reaffirmation Agreement 63. C Processing and Judicial Review of Reaffirmation Agreements 64. Rule 4070 1 Insurance 65,Page 9 of 84,A Debtor in Possession 65. B Proof of Insurance 65,C Noncompliance 65,D Motor Vehicles 66.
E Motor Vehicle When Lien is Disputed 66,F Motor Vehicle Defined 66. PART V COURT AND CLERK 66,Rule 5005 1 Filing and Transmittal of Papers 66. A Service of Documents and Orders by Electronic Means 66. B Procedures 66,C Filing Fees 66,D Procedures for Pro Se Filers 67. E Technical Failure ECF System Not Available for Filing 67. Rule 5007 1 Transcripts 67,A Filing of Transcript 67. B Notice of Intent to Request Redaction 67,C Request for Redaction under Rule 9037 a 67.
D Request for Redaction under Rule 9037 d 67,E Redacted Transcript 67. F Availability of the Transcript 67, Rule 5008 1 Notice Regarding Presumption of Abuse in Chapter 7 Cases of Individual Debtors 68. A Initial Notice 68,B Change in Presumption of Abuse 68. Rule 5009 1 Trustee s Distribution Report and Final Decree 68. A Trustee s Final Report and Proposed Distribution 68. B Service of Summary and Notice of Proposed Distribution 68. C Commencement of Distribution 68, D Trustee s Distribution Report and Certification of Zero Balance 68. E Final Decree 69,Rule 5010 1 Reopening Cases 69,A Motion to Reopen Required 69.
B Fee Required 69,Page 10 of 84,C Fee Not Required 69. D Service 69,E Assignment 69,F Reclosing 69, PART VI COLLECTION AND LIQUIDATION OF THE ESTATE 70. Rule 6004 1 Sale of Estate Property 70,A Permission to Sell 70. B Report of Sale 70, Rule 6007 1 Abandonment or Disposition of Property 70. PART VII ADVERSARY PROCEEDINGS CONTESTED MATTERS 70. Rule 7001 1 General Rules of Pleading Regarding Bankruptcy Court s Authority to Enter Final. Judgment 70,Rule 7004 1 Service of Process 70,A Service 70.
B Agent 70, Rule 7005 1 Serving and Filing of Pleadings and Other Papers 71. Rule 7005 2 Filing of Discovery Materials 71,A Non filing of Discovery 71. B Certificate of Service 71,Rule 7007 1 1 Corporate Ownership Statement 71. Rule 7016 1 Pre Trial Procedures 71,A Trial Date 71. B Pretrial Period 71,C Pretrial Conference Scheduling Order 71.
D Witnesses 71,E Exhibits 71,Rule 7026 1 Discovery General 72. A Commencement of Discovery 72,B Discovery Deadline 72. C Discovery Motion 72,D Form of Responses 73, PART VIII APPEALS TO DISTRICT COURT OR BANKRUPTCY APPELLATE PANEL 73. Page 11 of 84, Rule 8001 1 Manner of Taking Appeals Voluntary Dismissal Certification to Court of Appeals 73. A Notice of Appeal 73,B Election to Appeal to the District Court 73.
C Transmittal 73,D Application of Rules 73,E Direct Appeals 73. Rule 8004 1 Service of the Notice of Appeal 73,Rule 8005 1 Stay Pending Appeal 73. Rule 8006 1 Designation of Record 74,A Record for the District Court 74. B Record for the Bankruptcy Appellate Panel 74,C Designation of Record 74. PART IX GENERAL PROVISIONS 74, Rule 9010 1 Representation and Appearances Powers of Attorney 74.
A Notice 74,B Failure to Change Address 74,C E Mail Address 74. Rule 9011 4 Signatures 74,Rule 9013 1 Motion Practice 74. LOCAL RULES OF PRACTICE This Table of Contents follows the Chapter outline and the rules numbering of the Federal Rules of Bankruptcy Procedure There may however be gaps in the numbering system where there is no local rules related to the federal rule For ease of reference all local rules pertaining to Chapter 13 administration are assigned to Local Rules 3070 3094 Definitions

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