Local Rules

Rule 5005-2 Facsimile Documents and E-Mailed Documents.

  1. Facsimile Documents.  Documents may not be transmitted by facsimile directly to the Clerk’s Office for filing.  However, copies of facsimile documents shall be accepted for filing, provided that the legibility is reasonably equivalent to the original. The original of any faxed document, including the original signature of the attorney, party or declarant, shall be maintained by the filing party for a period of not less than two (2) days from the time the document appears on the docket.
     
  2. E-Mailed Documents. Documents may not be transmitted by e-mail to the Clerk’s office for filing, except as authorized by the Court.

Rule 5005-4 Electronic Filing.

The Court has designated all cases to be assigned to the Case Management/Electronic Case Filing System ("CM/ECF").  Unless otherwise expressly provided in these Local Rules or in exceptional circumstances preventing a registered CM/ECF user from filing electronically, all petitions, complaints, motions, briefs and other pleadings and documents required to be filed with the Court must be electronically filed by a registered CM/ECF user.  The electronic signature of the person on the document electronically filed shall constitute the original signature of that person for purposes of Fed. R. Bankr. P. 9011 and Del. Bankr. L.R. 9011-4. 

Attorneys who intend to practice in this Court (including those regularly admitted or admitted pro hac vice to the bar of the Court and attorneys authorized to represent the United States without being admitted to the bar) should register as CM/ECF users.  United States Trustees, private trustees and others as the Court deems appropriate should also register as CM/ECF users.  Registration forms, requirements and procedural information for CM/ECF are available on the Court's website.

By registering and becoming a CM/ECF user, one is consenting to receipt of electronic notices issued by the Court in accordance with Local Rule 9036-1.  However, by registering and becoming a registered CM/ECF user, one is not consenting to service under these Rules, Fed. R. Bankr. P. 7005, the Fed. R. Civ. P. or any other rule pertaining to service.  To consent in a particular case or adversary proceeding to service by receipt of the ECF notices or by email only, a party needs to complete Local Form 114 Consent to Service of Documents by Receipt of ECF Notice or Email in Chapter 11 Cases. 

All petitions, complaints, motions, briefs and other pleadings and documents to be filed electronically with the Court shall be converted to PDF, electronically, as opposed to scanning a document, where practicable.

Rule 5009-1 Closing of Chapter 7 Cases.

  1. Final Report and Account.  The notice given by the trustee of the filing of a final report and account in the form prescribed by the United States Trustee in a chapter 7 case shall have on its face in bold print the following language or words of similar import:

A PERSON SEEKING:  (1) AN AWARD OF COMPENSATION OR REIMBURSEMENT OF EXPENSES OR (2) PAYMENT OR REIMBURSEMENT FOR EXPENSES INCURRED IN THE ADMINISTRATION OF THE CHAPTER 7 ESTATE SHALL FILE A MOTION WITH THE CLERK AND SERVE A COPY ON THE TRUSTEE AND THE UNITED STATES TRUSTEE NO LATER THAN TWENTY-ONE (21) DAYS PRIOR TO THE DATE OF THE HEARING ON THE TRUSTEE'S FINAL ACCOUNT.  FAILURE TO FILE AND SERVE SUCH A MOTION WITHIN THAT TIME MAY RESULT IN THE DISALLOWANCE OF FEES AND EXPENSES.

  1. Closing Reports in Chapter 7 Asset and No Asset Cases.  In a chapter 7 asset case, the trustee shall serve the original closing report (in a form designated by the United States Trustee), together with the affidavit of final distribution, upon the United States Trustee.  After the United States Trustee's review of the closing report is completed, the United States Trustee shall file the closing report with the Clerk.  In a chapter 7 no asset case, the trustee shall file the original closing report (in a form designated by the United States Trustee) with the Clerk, and serve a copy upon the United States Trustee.

Rule 5011-1 Motions for Withdrawal of Reference from Bankruptcy Court.

 A motion to withdraw the reference of a matter or proceeding shall be filed with the Clerk.  The Clerk shall transmit such motion to the Clerk of the District Court for disposition by the District Court.  The movant shall concurrently file with the Clerk a motion for a determination by the Bankruptcy Court with respect to whether the proceeding is one over which the Bankruptcy Court has the authority to enter final orders and judgments.  All briefing shall be governed by the rules of the District Court, including those rules governing timing, unless otherwise ordered by the Court.

Rule 6004-1 Sale and Sale Procedures Motions.

  1. Applicability of Rule.  Except as otherwise provided in these Local Rules, this rule applies to motions to sell property of the estate under Bankruptcy Code section 363(b) ("Sale Motions") and motions seeking approval of sale, bid or auction procedures in anticipation of or in conjunction with a Sale Motion ("Sale Procedures Motions").
     
  2. Sale Motions.  Except as otherwise provided in these Local Rules, the Code, the Bankruptcy Rules or an Order of the Court, all Sale Motions shall attach or include the following: 
    1. A copy of the proposed purchase agreement, or a form of such agreement substantially similar to the one the debtor reasonably believes it will execute in connection with the proposed sale;
       
    2. A copy of a proposed form of sale order;
       
    3. A request, if necessary, for the appointment of a consumer privacy ombudsman under Bankruptcy Code section 332; and
       
    4. Provisions to be Highlighted.  The Sale Motion must highlight material terms, including but not limited to (a) whether the proposed form of sale order and/or the underlying purchase agreement constitutes a sale or contains any provision of the type set forth below, (b) the location of any such provision in the proposed form of order or purchase agreement, and (c) the justification for the inclusion of such provision:
      1. Sale to Insider.  If the proposed sale is to an insider, as defined in Bankruptcy Code section 101(31), the Sale Motion must (a) identify the insider, (b) describe the insider's relationship to the debtor, and (c) set forth any measures taken to ensure the fairness of the sale process and the proposed transaction.
         
      2. Agreements with Management.  If a proposed buyer has discussed or entered into any agreements with management or key employees regarding compensation or future employment, the Sale Motion must disclose (a) the material terms of any such agreements, and (b) what measures have been taken to ensure the fairness of the sale and the proposed transaction in the light of any such agreements.
         
      3. Releases.  The Sale Motion must highlight any provisions pursuant to which an entity is being released or claims against any entity are being waived or otherwise satisfied.
         
      4. Private Sale/No Competitive Bidding.  The Sale Motion must disclose whether an auction is contemplated, and highlight any provision in which the debtor has agreed not to solicit competing offers for the property subject to the Sale Motion or to otherwise limit shopping of the property.
         
      5. Closing and Other Deadlines.  The Sale Motion must highlight any deadlines for the closing of the proposed sale or deadlines that are conditions to closing the proposed transaction.
         
      6. Good Faith Deposit.  The Sale Motion must highlight whether the proposed purchaser has submitted or will be required to submit a good faith deposit and, if so, the conditions under which such deposit may be forfeited.
         
      7. Interim Arrangements with Proposed Buyer.  The Sale Motion must highlight any provision pursuant to which a debtor is entering into any interim agreements or arrangements with the proposed purchaser, such as interim management arrangements (which, if out of the ordinary course, also must be subject to notice and a hearing under section 363(b) of the Bankruptcy Code) and the terms of such agreements.
         
      8. Use of Proceeds.  The Sale Motion must highlight any provision pursuant to which a debtor proposes to release sale proceeds on or after the closing without further Court order, or to provide for a definitive allocation of sale proceeds between or among various sellers or collateral.
         
      9. Tax Exemption.  The Sale Motion must highlight any provision seeking to have the sale declared exempt from taxes under section 1146(a) of the Bankruptcy Code, the type of tax (e.g., recording tax, stamp tax, use tax, capital gains tax) for which the exemption is sought. It is not sufficient to refer simply to "transfer" taxes and the state or states in which the affected property is located.
         
      10. Record Retention.  If the debtor proposes to sell substantially all of its assets, the Sale Motion must highlight whether the debtor will retain, or have reasonable access to, its books and records to enable it to administer its bankruptcy case.
         
      11. Sale of Avoidance Actions.  The Sale Motion must highlight any provision pursuant to which the debtor seeks to sell or otherwise limit its rights to pursue avoidance claims under chapter 5 of the Bankruptcy Code.
         
      12. Requested Findings as to Successor Liability.  The Sale Motion should highlight any provision limiting the proposed purchaser's successor liability.
         
      13. Sale Free and Clear of Unexpired Leases.  The Sale Motion must highlight any provision by which the debtor seeks to sell property free and clear of a possessory leasehold interest, license or other right.
         
      14. Credit Bid.  The Sale Motion must highlight any provision by which the debtor seeks to allow, disallow or affect in any manner, credit bidding pursuant to Bankruptcy Code section 363(k).
         
      15. Relief from Bankruptcy Rule 6004(h).  The Sale Motion must highlight any provision whereby the debtor seeks relief from the fourteen-day stay imposed by Bankruptcy Rule 6004(h).
         
  3. Sale Procedures Motions.  A debtor may file a Sale Procedures Motion seeking approval of an order (a "Sale Procedures Order") approving bidding and auction procedures either as part of the Sale Motion or by a separate motion filed in anticipation of an auction and a proposed sale. 
    1. Provisions to Highlight.  The Sale Procedures Motion should highlight the following provisions in any Sale Procedures Order: 
      1. Provisions Governing Qualification of Bidders.  Any provision governing an entity becoming a qualified bidder, including but not limited to, an entity's obligation to: 
        1. Deliver financial information by a stated deadline to the debtor and other key parties (ordinarily excluding other bidders).
           
        2. Demonstrate its financial wherewithal to consummate a sale.
           
        3. Maintain the confidentiality of information obtained from the debtor or other parties or execute a non-disclosure agreement.
           
        4. Make a non-binding expression of interest or execute a binding agreement.
           
      2. Provisions Governing Qualified Bids.  Any provision governing a bid being a qualified bid, including, but not limited to:
        1. Any deadlines for submitting a bid and the ability of a bidder to modify a bid not deemed a qualified bid.
           
        2. Any requirements regarding the form of a bid, including whether a qualified bid must be (a) marked against the form of a "stalking horse" agreement or a template of the debtor's preferred sale terms, showing amendments and other modifications (including price and other terms), (b) for all of the same assets or may be for less than all of the assets proposed to be acquired by an initial, or "stalking horse", bidder or (c) remain open for a specified period of time.
           
        3. Any requirement that a bid include a good faith deposit, the amount of that deposit and under what conditions the good faith deposit is not refundable.
           
        4. Any other conditions a debtor requires for a bid to be considered a qualified bid or to permit a qualified bidder to bid at an auction.
           
      3. Provisions Providing Bid Protections to "Stalking Horse" or Initial Bidder.  Any provisions providing an initial or "stalking horse" bidder a form of bid protection, including, but not limited to the following:
        1. No-Shop or No-Solicitation Provisions.  Any limitations on a debtor's ability or right to solicit higher or otherwise better bids.
           
        2. Break-Up/Topping Fees and Expense Reimbursement.  Any agreement to provide or seek an order authorizing break-up or topping fees and/or expense reimbursement, and the terms and conditions under which any such fees or expense reimbursement would be paid.
           
        3. Bidding Increments.  Any requirement regarding the amount of the initial overbid and any successive bidding increments.
           
        4. Treatment of Break-Up and Topping Fees and Expense Reimbursement at Auction.  Any requirement that the "stalking horse" bidder receive a "credit" equal to the break-up or topping fee and or expense reimbursement when bidding at the auction and in such case whether the "stalking horse" is deemed to have waived any such fee and expense upon submitting a higher or otherwise better bid than its initial bid at the auction.
           
      4. Modification of Bidding and Auction Procedures.  Any provision that would authorize a debtor, without further order of the Court, to modify any procedures regarding bidding or conducting an auction.
         
      5. Closing with Alternative Backup Bidders.  Any provision that would authorize the debtor to accept and close on alternative qualified bids received at an auction in the event that the bidder selected as the "successful bidder" at the conclusion of the auction fails to close the transaction within a specified period.

      ii.  Provisions Governing the Auction.  Unless otherwise ordered by the Court, the Sale Procedures Order shall:

      1. Specify the date, time and place at which the auction will be conducted and the method for providing notice to parties of any changes thereto.
         
      2. Provide that each bidder participating at the auction will be required to confirm that it has not engaged in any collusion with respect to the bidding or the sale.
         
      3. State that the auction will be conducted openly and all creditors will be permitted to attend.
         
      4. Provide that bidding at the auction will be transcribed or videotaped.

       

Rule 7003-1 Adversary Proceeding Cover Sheet.

Any complaint or other document initiating an adversary proceeding that is not electronically filed shall be accompanied by a completed adversary cover sheet conforming to Local Form 109.

Rule 7004-1 Service on Foreign Parties.

In all cases in which there is a claims agent appointed, the claims agent is authorized to serve foreign defendants as an agent of the Clerk's Office in accordance with Fed. R. Bankr. P. 7004(a) and Fed. R. Civ. P. 4(f).  In all other cases, requests for service of a summons and complaint on a foreign party shall be submitted to the Clerk's Office together with a copy of all documents to be served on the foreign party and a stamped, addressed envelope.  Deadlines included in such documents shall allow ample time for the foreign party to respond accordingly after service by mail

Rule 7004-2 Summons and Notice of Pretrial Conference in an Adversary Proceeding.

A party or attorney filing a complaint or third-party complaint shall prepare a Summons and Notice of Pretrial Conference in an Adversary Proceeding (Local Form 108).  The pretrial conference date shall be a date that is at least thirty-five (35) days from the date of service of the summons and complaint and set in accordance with Local Rule 7004-2(a) and (b) below.  The completed summons and certificate of service shall be filed in the adversary proceeding.  The party or attorney filing the complaint or third-party complaint shall be responsible for serving the summons and complaint.

  1. Chapter 11 Cases.  In an adversary proceeding, the pretrial conference date required on Local Form 108 shall be obtained from (i) the order setting omnibus hearing dates located on the docket in the main bankruptcy case, when the adversary proceeding is assigned to the same judge presiding over the main bankruptcy case, or (ii) the assigned judge's scheduling clerk, when (A) there is no order setting omnibus hearing dates in the main bankruptcy case or (B) the adversary proceeding is assigned to a judge other than the judge presiding over the main bankruptcy case.
     
  2. Chapter 7, Chapter 12 and Chapter 13 Cases.  In an adversary proceeding, the pretrial conference date required on Local Form 108 shall be obtained from the respective Judge's chambers page located on the Court's website.

Rule 7007-1 Briefs: When Required and Schedule.

  1. Briefing and Affidavit Schedule.  A party filing a motion in an adversary proceeding (except for a discovery-related motion which shall be governed by Local Rule 9006-1(b)) shall not file a notice of said motion.  Unless otherwise ordered by the Court or agreed by the parties, the briefing and affidavit schedule for presentation of all motions in adversary proceedings (except for discovery-related motions which shall be governed by Local Rule 9006-1(b)) shall be as follows:
    1. The opening brief and accompanying affidavit(s) shall be served and filed on the date of the filing of the motion;
       
    2. The answering brief and accompanying affidavit(s) shall be served and filed no later than fourteen (14) days after service and filing of the opening brief; and
       
    3. The reply brief and accompanying affidavit(s) shall be served and filed no later than seven (7) days after service and filing of the answering brief.  An appendix may be filed with any brief.  Any party may waive its right to file a brief in a filed pleading or in a separate notice filed with the Court.
       
  2. Citation of Subsequent Authorities.  No additional briefs, affidavits or other papers in support of or in opposition to the motion shall be filed without prior approval of the Court, except that a party may call to the Court's attention and briefly discuss pertinent cases decided after a party's final brief is filed or after oral argument.

Rule 7007-2 Form and Contents of Briefs and Appendices.

This rule applies only to non-discovery related motions in adversary proceedings.

  1. Form.
    1. Covers.  The front cover of each brief and appendix shall contain the caption of the case, a title, the date of filing, the name and designation of the party for whom it is filed, and the name, number, address and telephone number of counsel by whom it is filed, including the bar identification number for Delaware attorneys.
       
    2. Format.  All pleadings must be double-spaced, in Courier New font or Times New Roman and in at least 12 point typeface.  All briefs and appendices shall be firmly bound at the left margin.  Side margins of briefs shall not be less than 1¼ inches.
       
    3. Page Numbering of Appendices.  Pages of an appendix shall be numbered separately at the bottom.  The page numbers of appendices associated with opening, answering and reply briefs, respectively, shall be preceded by a capital letter "A," "B" or "C." Transcripts and other papers reproduced in a manner authorized by this Local Rule shall be included in the appendix, both with original and appendix pagination.
       
    4. Length.  Without leave of Court, no opening or answering brief shall exceed forty (40) pages and no reply shall exceed twenty (20) pages, in each instance, exclusive of any tables of contents and citations.
       
    5. Form of Citations.  Citations will be deemed to be in acceptable form if made in accordance with "A Uniform System of Citation" published and distributed from time to time by the Harvard Law Review Association.  State reporter citations may be omitted but citations to the National Reporter System must be included.  United States Supreme Court decisions shall be to the official citation.
       
    6. Citation by Docket Number.  References to earlier-filed papers in the case or proceeding shall include a citation to the docket item number as maintained by the Clerk's Office, namely "D.I. 1."
       
    7. Unreported Opinions.  If an unreported opinion is cited which is neither reported in the National Reporter System nor available on either WESTLAW or LEXIS, a copy of such opinion shall be attached to the document which cites it or shall otherwise be provided to the Court.
       
  2. Contents of Briefs.  If briefs are required, the following format shall apply:
    1. Opening and Answering Briefs.  The opening and answering briefs shall contain the following under distinctive titles, in the listed order:
      1. A table of contents setting forth the page number of each section, including all headings, designated in the body of the brief;
         
      2. A table of citations of cases, statutes, rules, textbooks and other authorities, alphabetically arranged.  If a brief does not contain any citations therein, a statement asserting this fact should be placed under this heading;
         
      3. A statement of the nature and stage of the proceeding;
         
      4. A summary of argument stating in separate numbered paragraphs the legal propositions upon which each side relies;
         
      5. A concise statement of facts, with supporting references to appendices or record, presenting succinctly the background of the questions involved.  The statement shall include a concise statement of all facts that should be known in order to determine the points in controversy.  The answering counter-statement of facts need not repeat facts recited in the opening brief;
         
      6. An argument divided under appropriate headings distinctly setting forth separate points; and
         
      7. A short conclusion stating the precise relief sought.
         
    2. Reply Briefs.  The party filing the opening brief shall not reserve material for the reply brief that should have been included in a full and fair opening brief.  There shall not be repetition of materials contained in the opening brief.  A table of contents and a table of citations, as required by Local Rule 7007-2(b)(i)(A)-(B), shall be included in the reply brief.
       
  3. Contents of Appendices.  Each Appendix shall contain a paginated table of contents and may contain such parts of the record that are material to the questions presented as the party wishes the Court to read.  Duplication shall be avoided.  Portions of the record shall be arranged in chronological order.  If testimony of witnesses is included, appropriate references to the pages of such testimony in the transcript shall be made and asterisks or other appropriate means shall be used to indicate omissions.  Appendices may be separately bound.  Parts of the record not included in the appendix may be relied on in briefs or oral argument.  Whenever a document, paper or testimony in a foreign language is included in any appendix or is cited from the record in any brief, an English translation made under the authority of the Court, or agreed by the parties to be correct, shall be included in the appendix or in the record.
     
  4. Joint Appendix.  Counsel may agree on a joint appendix that shall be bound separately.

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