Local Rules

Rule 1001-1 Scope of Rules.

  1. Title and Citation.  These rules ("Local Rules" or "Rules") shall be known as the "Local Rules of Bankruptcy Practice and Procedure of the United States Bankruptcy Court for the District of Delaware" (the "Court").  They may be cited as "Del. Bankr. L.R. _."      
                                                                       
  2. Application.  These Local Rules shall be followed insofar as they are not inconsistent with the Bankruptcy Code (the "Code") and the Federal Rules of Bankruptcy Procedure ("Fed. R. Bankr. P."). These Local Rules may be amended from time to time by the Chief Judge of the Court, subject to approval by the Chief Judge of the United States District Court for the District of Delaware (the "District Court") and after a reasonable notice and comment period (the "Notice and Comment Period").  The Notice and Comment Period will be determined by the Chief Judge of the Court and displayed on the Court's website (defined below).  The Local Bankruptcy Forms of the Court (the "Local Forms") may be revised from time to time, subject to approval by the Chief Judge of the Court and the Clerk of the Court (the "Clerk").  These Local Rules, the Local Forms, the Clerk's Office Procedures, General Orders and each Judge's chambers procedures are available on the Court's website at www.deb.uscourts.gov (the "Court's website").  Unless otherwise noted in these Local Rules or ordered by the Court, all filings in the District of Delaware relating to cases under Title 11 shall be made with the Clerk and shall be governed by these Local Rules, in addition to the Fed. R. Bankr. P.  The Federal Rules of Civil Procedure ("Fed. R. Civ. P.") are applicable only to the extent provided herein or in the Fed. R. Bankr. P.          
                                                                                                 
  3. Modification.  The application of these Local Rules in any case or proceeding may be modified by the Court in the interest of justice.     
                              
  4. Effective Date.  These Local Rules will be effective on February 1, 2013.       
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  6. Relationship to Prior Rules; Actions Pending on Effective Date.  These Local Rules supersede all previous Local Rules promulgated by the Court, but do not affect any General Order issued by the Court or any chambers procedures of any Judge of the Court.  They shall govern all cases or proceedings filed after their effective date.  They shall also apply to all proceedings pending on the effective date, except to the extent that the Court finds they would not be feasible or would work injustice.

Rule 1002-1 Commencement of Case.

  1. Petitions – Generally.  All petitions shall be in compliance with the requirements set forth in the Clerk's Office Procedures, the Code, the Fed. R. Bankr. P. and their official forms ("Official Form") and these Local Rules.
     
  2. Petitions by Non-Individuals.  Any petitioner other than an individual shall be represented by counsel.  In a voluntary case, there shall be filed on the petition date a resolution authorizing the commencement of the bankruptcy case executed by the body whose approval is required for the commencement of a bankruptcy case under applicable law.
     
  3. Notice Regarding Filing of a Chapter 11 Petition.  Unless there are exigent circumstances, counsel for the debtor shall contact the United States Trustee and the Clerk at least two (2) business days prior to filing a voluntary petition for relief under chapter 11 of the Bankruptcy Code, for the purpose of advising the United States Trustee and the Clerk of the anticipated filing of the petition (without disclosing the identity of the debtor) and the matters on which the debtor intends to seek immediate relief.  Counsel shall also comply with the noticing provisions set forth in Local Rule 9013-1(m)(iii).

Rule 1003-1 Entry of Order for Relief on Involuntary Petition

An order for relief on an involuntary petition will be entered only after (i) the filing of a consent to its entry by the putative debtor, (ii) the filing of a certification of counsel that the petition has been served in accordance with the Rules and that no answer has been filed by the putative debtor within the time permitted, or (iii) a hearing duly noticed under the Rules.

Rule 1006-1 Filing Fees.

  1. Petition Filing Fees.  Petition filing fees are due at the time of filing, except as expressly provided in this Local Rule.
     
  2. Payment of Filing Fee in Installments.  Individual filers may file with the petition an Application to Pay Filing Fee in Installments substantially in conformity with the form provided by the Clerk's office (the "Clerk's Office").  The application must be accompanied by a minimum initial payment of 25% of the filing fee.  The number of installments shall not exceed four (4).  The Court will issue an order regarding such application, without need for a hearing, unless the Court directs otherwise.  Failure to comply with the provisions of the order may result in dismissal of the case.
     
  3. Application for Waiver of Fee in an Individual Chapter 7 Case.  An individual chapter 7 filer may file an Application for Waiver of the Chapter 7 Filing Fee substantially in compliance with the Official Form.  An order will be entered regarding such application, without need for a hearing, unless the Court directs otherwise.
     
  4. Case Reopening Fees.  Case reopening fees are due at the time of filing of a motion to reopen unless the reopening is (i) to correct an administrative error, (ii) to take action relating to the debtor's discharge or (iii) accompanied by a request that the reopening fee be waived or deferred. 
     
  5. Schedule of Fees.  The schedule of fees is available at the Clerk's Office and on the Court's website.

Rule 1007-1 Lists, Schedules and Statements.

  1. Required Lists, Schedules and Statements. Required lists, schedules and statements of financial affairs shall be filed in accordance with the Fed. R. Bankr. P., the Code and these Local Rules and shall be in compliance with the appropriate Official Form and Local Forms, if any.  The Clerk's Office Procedures should be consulted for a list of such requirements.
     
  2. Time for Filing Schedules and Statement of Financial Affairs in a Voluntary Chapter 11 Case.  In a voluntary chapter 11 case, if the bankruptcy petition is accompanied by a list of all the debtor's creditors and their addresses, in accordance with Local Rule 1007-2, and if the total number of creditors in the debtor's case (or, in the case of jointly administered cases, the debtors' cases) exceeds 200, the time within which the debtor shall file its Schedules and Statement of Financial Affairs required under the Fed. R. Bankr. P. shall be extended to thirty (30) days from the petition date.  Any further extension shall be granted, for cause, only upon filing of a motion by the debtor on notice in accordance with these Local Rules.
     
  3. Filing of Schedules in Jointly Administered Chapter 11 Cases.  Notwithstanding any order jointly administering related cases, Schedules and Statements of Financial Affairs and any amendments thereto shall be filed for each debtor and docketed in that debtor's case, as well as in the main case.  The statistical information requested by CM/ECF upon docketing shall be filled out for each separate debtor.  

Rule 1007-2 List of Creditors/Mailing Matrix.

  1. In all voluntary cases, the debtor shall file with the petition a list containing the name and complete address of each creditor in such format as directed by the Clerk's Office Procedures. 
     
  2. In all voluntary cases involving individual debtors, in the event a prior bankruptcy case was pending within one year before the filing of the case in connection with the debtor or a co-debtor, such list shall also include the name and complete address of each party and any counsel that entered its appearance in such case.  In the event a foreclosure, repossession, or other action to enforce a claim against property of the debtor or a co-debtor was pending within one year before the filing of the case, such list shall also include the name and complete address of each party and any counsel that entered an appearance in such action.  In an involuntary case, such list must be filed by the debtor within fourteen (14) days after the petition date.

Rule 1009-1 Notice by Chapter 7, Chapter 12 or Chapter 13 Debtor to Creditors Not Scheduled Prior to Meeting of Creditors.

If at any time after the Court issues notice of the meeting of creditors under 11 U.S.C. § 341 in a chapter 7, chapter 12 or chapter 13 case the debtor amends Schedule D, E or F and/or the creditor matrix to add any creditor(s), the following procedures shall apply:

  1. The debtor shall pay the prescribed filing fee;
     
  2. The debtor shall serve upon such additional creditor(s) by first class mail:
    1. A copy of the original notice of meeting of creditors under 11 U.S.C. § 341;
       
    2. A notice informing the creditor of the right to file a proof of claim by the later of the bar date in the original notice or twenty-one (21) days from the date of a later notice;
       
    3. A notice informing the creditor of the automatic extension of time to file a complaint under Local Rules 4004-1 and 4007-1; and
       
  3. The debtor shall file a certificate of service with the Court and provide an amended creditor matrix to the Clerk within 48 hours of filing the amended schedules or filing any schedules which contain creditors who were not listed on the original creditor matrix. 

Rule 1009-2 Notice of Amendment of Schedules in Chapter 11 Cases.

 Whenever the debtor or trustee in a chapter 11 case amends the debtor's schedules to change the amount, nature, classification or characterization of a debt owing to a creditor, the debtor or trustee shall, within fourteen (14) days, transmit notice of the amendment to the creditor and notice of the creditor's right to file a proof of claim by the later of the bar date (if any) or twenty-one (21) days from the date of the notice.  The debtor or trustee shall file a certificate of service of the notice with the Clerk within seven (7) days.

Rule 1014-1 Transfer of Cases or Adversary Proceedings to Another District.

If a case or adversary proceeding is ordered transferred from this district, unless the transfer order is stayed, the Clerk shall, within seven (7) days of entry of such order, send to the transferee Court by overnight courier (or electronically at the transferee Court's option) (a) certified copies of the Court's or the District Court's order (and opinion, if any) transferring the case, and the docket entries in the case or adversary proceeding and (b) all pleadings that have been filed in the case or adversary proceeding.  When transfer is ordered by the District Court, the Clerk of the District Court shall transmit the order of the District Court Judge to the Clerk, who shall transfer the file as set forth above.

Rule 1015-1 Joint Administration of Cases Pending in the Same Court.

 An order of joint administration may be entered, without notice and an opportunity for hearing, upon the filing of a motion for joint administration pursuant to Fed. R. Bankr. P. 1015, supported by an affidavit, declaration or verification, which establishes that the joint administration of two or more cases pending in this Court under title 11 is warranted and will ease the administrative burden for the Court and the parties.  An order of joint administration entered in accordance with this Local Rule may be reconsidered upon motion of any party in interest at any time.  An order of joint administration under this Local Rule is for procedural purposes only and shall not cause a "substantive" consolidation of the respective debtors' estates.

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