Local Rules

Rule 1017-1 Petition Deficiencies.

A debtor filing a petition under chapter 7, chapter 12 or chapter 13 of the Code without all the documents required by the Fed. R. Bankr. P., the Code, these Local Rules and the Clerk's Office Procedures will receive a deficiency notice specifying time limits for the filing of the required documents.  If the required documents are not filed by the deadline specified in such notice, and the debtor has neither sought nor obtained an extension of such deadline from the Court, the petition may be dismissed.

Rule 1017-2 Dismissal of Chapter 11 Case.

No chapter 11 case (even one which is jointly administered with another case) shall be dismissed except by separate order, with notice provided by the claims agent (if one has been appointed) as required by Rules 1017 and 2002(a)(4). 

Rule 1017-3 Closing of Cases by Substantive Consolidation.

Whenever cases are sought to be substantively consolidated, whether in a plan of reorganization or motion, the plan proponent or movant shall present a separate proposed order for each case to be consolidated.  Such order shall provide for the closing of each case, except for the remaining consolidated debtor case, and shall be docketed in each respective debtor's docket.

Rule 2002-1 Notices to Creditors, Equity Security Holders, United States and United States Trustee.

  1. Omnibus Hearings.  In any chapter 11 case, the Court may, sua sponte or upon motion of a party in interest, enter an order setting omnibus hearing dates for the case.  Any such order shall be entered on the docket and be made available to anyone interested in obtaining a copy from (i) the Court or (ii) counsel for the debtor.  Time permitting, on each omnibus hearing date, the Court will hear all motions timely filed under these Local Rules by any party in interest in the case in the order set forth in the hearing agenda filed pursuant to Local Rule 9029-3, unless the Court directs otherwise.
  2. Service.  In chapter 11 cases, all motions (except matters specified in Fed. R. Bankr. P. 2002(a)(1), (4), (5), (7), 2002(b) and 2002(f) and Local Rules 4001-1 and 9013-1) shall be served only upon counsel for the debtor, the United States Trustee, counsel for all official committees, all parties who file a request for service of notices under Fed. R. Bankr. P. 2002(i) and all parties whose rights are affected by the motion.  If an official unsecured creditors' committee has not been appointed, service shall be made on the twenty (20) largest unsecured creditors in the case in lieu of the creditors' committee.                                    
    1. Service of Papers on the United States Trustee.                                                                                                           
      1. Service by Overnight Mail.  Service on the United States Trustee shall be made by overnight mail or hand delivery of papers that require a response within seven (7) days or less or that relate to a Court hearing scheduled to take place within seven (7) days of the date of service.
      2. Service by Fax.  Service by fax shall be limited to emergent situations where action or response is required within forty-eight (48) hours.  Every effort shall be made to limit faxes to a maximum of twenty (20) pages per document.  If it is necessary to serve via fax a document that will exceed twenty (20) pages in length, the serving party shall telephone the intended recipient(s) in advance to obtain permission to send the fax.
  3. Service List.  Counsel for the debtor shall be responsible for maintaining a list of all parties who are entitled to receive service (as set forth in Local Rule 2002-1(b)) and shall furnish it, upon request, to any party.

  4. Entry of Appearance.  Any entity entering an appearance in a case under title 11 shall include in the Notice of Appearance the entity's (i) name, (ii) mailing address, including street address for overnight and hand delivery, (iii) telephone number, (iv) facsimile number, (v) email address, if any, and (vi) party represented, if any.  Any entity that requests, in a particular case or adversary proceeding, service of documents by receipt of ECF notices or by email only, needs to complete Local Form 114 Consent to Service of Documents by Receipt of ECF Notice or Email in Chapter 11 Cases.  See also Del. Bankr. L.R. 5005-4. 
  5. Bar Date.  In all cases under chapter 11, the debtor may request a bar date for the filing of proofs of claim or interest.  The request may be granted without notice and hearing if (i) the request gives fourteen (14) days' notice to the United States Trustee and the creditors' committee (or the twenty (20) largest unsecured creditors if no creditors' committee is formed), (ii) the request is filed after the Schedules and Statement of Financial Affairs have been filed and the 11 U.S.C. § 341(a) meeting of creditors has been held and (iii) the request provides that the bar date shall be not less than sixty (60) days from the date that notice of the bar date is served (and not less than 180 days from the order for relief for governmental units).  On entry of the bar date order, the debtor shall serve actual written notice of the bar date on (A) all known creditors and their counsel (if known), (B) all parties on the service list described in Local Rule 2002-1(c), (C) all equity security holders, (D) indenture trustees, (E) the United States Trustee, (F) all taxing authorities for the jurisdictions in which the debtor does business and (G) all environmental authorities listed in Question 17 of the debtor's Statement of Financial Affairs.
  6. Notice and Claims Clerk.  Upon motion of the debtor or trustee, at any time without notice or hearing, the Court may authorize the retention of a notice and/or claims clerk under 28 U.S.C. § 156(c).  In all cases with more than 200 creditors or parties in interest listed on the creditor matrix, unless the Court orders otherwise, the debtor shall file such motion on the first day of the case or within seven (7) days thereafter.  The notice and/or claims clerk shall comply with the Protocol for the Employment of Claims and Noticing Agents under 28 U.S.C. § 156(c) (which can be found on the Court's website) and shall perform the functions below.                                                                                      
    1. Serve the following notices: (a) 341 Notice (Notice of Commencement of Case); (b) Notice of Claims Bar Date in chapter 11 cases; (c) Objections to Claims and Transfers of Claims; (d) Notice of Hearing on confirmation of Plan/Disclosure Statement; (e) Notice of Hearing on motions filed by United States Trustee; (f) Notice of Transfer of Claim; and (g) any motion to convert, dismiss, appoint a trustee, or appoint an examiner filed by the United States Trustee's Office. 
    2. Within seven (7) days of mailing, file with the Court, a copy of the notice served with a Certificate of Service attached, indicating the name and complete address of each party served;
    3. Maintain copies of all proofs of claims and proofs of interest filed in the case;
    4. Maintain the official claims register and record all Transfers of Claims and make changes to the creditor matrix after the objection period has expired.  The claims clerk shall also record any order entered by the Court which may affect the claim by making a notation on the claims register and monitor the Court's docket for any claims related pleading filed and make necessary notations on the claims register. No claim or claim information should be deleted for any reason;
    5. Maintain a separate claims register and separate creditor mailing matrix for each debtor in jointly administered cases;
    6. File a quarterly updated claims register with the Court in alphabetical and numerical order.  If there has been no claims activity, the claims clerk may file a Certification of No Claim Activity;
    7. Maintain up-to-date mailing list of all creditors and all entities who have filed proofs of claim or interest and/or request for notices for each case and provide such list to the Court or any interested party upon request (within forty-eight (48) hours);
    8. Allow public access to claims and the claims register at no charge; 
    9. Within fourteen (14) days of entry of an Order dismissing a case or within thirty (30) days of entry of a Final Decree, forward to the Clerk (a) an updated claims register, (b) a CD of all imaged claims, and (c) an excel spreadsheet containing all claims information, along with an updated 2002 list and updated creditor mailing list, which shall contain the names and addresses of all creditors.  The claims register, 2002 list and creditor mailing list shall be provided in both paper and on disc, in both alphabetical and numerical order.  The creditor mailing list disc and the 2002 list disc should be in .txt format.  The Claims Agent shall box and transport all original claims to the Philadelphia Federal Records Center, 14700 Townsend Road, Philadelphia, Pennsylvania 19154; 
    10. Within fourteen (14) days of entry of an Order converting a case, forward to the Clerk (a) all claims and an updated claims register, (b) a CD of all imaged claims, and (c) an excel spreadsheet containing all claims information, along with an updated 2002 list and updated creditor mailing list, which shall contain the names and addresses of all creditors.  The claims register, 2002 list and creditor mailing list shall be provided in both paper and on disc, in both alphabetical and numerical order.  The creditor mailing list disc and the 2002 list disc should be in .txt format; and
    11. Upon conversion of a chapter 11 case to a chapter 7 case, if there are more than 200 creditors, the claims agent appointed in the chapter 11 case shall (i) continue to serve all notices required to be served, at the direction of the chapter 7 trustee or the Clerk's Office or (ii) submit a termination order.  If a Termination Order has been granted, the Claims Agent shall comply with Del. Bankr. L.R. 2002-1(f)(x) above.
  7. Cases with Less Than 200 Creditors.    
    1. In cases with less than 200 creditors and no claims agent retained under 28 U.S.C. § 156(c), the Clerk shall serve as the notice agent and the Debtor shall provide the Clerk with a complete, accurate and up-to-date creditor matrix in accordance with the time set forth in Fed. R. Bankr. P. 1007. 
    2. The Debtor, within fourteen (14) days of entry of an Order converting a case or within thirty (30) days of entry of a Final Decree, shall provide an updated creditor matrix. 

Rule 2003-1 Submission of Interrogatories in Lieu of Live Testimony at Meetings Conducted under 11 U.S.C. § 341 in Chapter 7 and Chapter 13 Cases.

  1. Upon written motion, and after notice and an opportunity for hearing, the Court may, for cause, permit a debtor to submit to examination by written interrogatories in lieu of the debtor's live appearance at a meeting of creditors or equity security holders convened under 11 U.S.C. § 341. 
  2. A motion to proceed by written interrogatories filed by the debtor shall be served upon the interim trustee or the case trustee, as appropriate, the United States Trustee and all creditors who have filed a request for notices under Fed. R. Bankr. P. 2002.  A notice of the filing of the motion to proceed by written interrogatories shall be served upon all creditors who have not been served with the full motion. 
  3. The form of the written interrogatories shall be determined by the interim trustee or the case trustee, as appropriate. 
  4. The original copy of the debtor's answers to written interrogatories shall be filed by the debtor with the Court and served upon the case trustee or the interim trustee, as appropriate.

Rule 2004-1 Rule 2004 Examinations.

  1. Conference Required.  Prior to filing a motion for examination or for production of documents under Fed. R. Bankr. P. 2004, counsel for the moving party shall attempt to confer (in person or telephonically) with the proposed examinee or the examinee's counsel (if represented by counsel) to arrange for a mutually agreeable date, time, place and scope of an examination or production.  If an agreement is reached, no motion shall be required, but a notice setting forth the identity of the examinee, and the date, time, place and scope of the examination or production shall be filed and served in accordance with this Local Rule. 
  2. Certification of Conference Required.  All motions for examination or production under this Local Rule shall include a certification of counsel that either (i) a conference was held as required and no agreement was reached or (ii) a conference was not held and an explanation as to why no conference was held. 
  3. Service Requirements.  In addition to any other rules of service that generally apply, all motions for or notices of examination or production of documents shall be served upon the following parties, through their counsel, if represented:  (i) the debtor; (ii) the trustee; (iii) the United States Trustee; (iv) all official committees; and (v) the proposed examinee or party producing documents.  All such motions shall be accompanied by a notice of motion setting forth (A) an objection, response or answer deadline not less than seven (7) days from service of the motion and (B) the date, time and place of the hearing.  Such objection, response or answer deadline shall be no less than seventy-two hours prior to the hearing.

Rule 2011-1 Certification of Debtor-in-Possession Status or Trustee Qualification.

Whenever evidence is required that a debtor is a Debtor-in-Possession or that a trustee has qualified, the Clerk, or the Clerk's designee, may so certify in a document substantially in conformity with Local Form 112A or 112B.

Rule 2014-1 Employment of Professional Persons

  1. Motion for Approval.  Any entity seeking approval of employment of a professional person under 11 U.S.C. § 327, 1103(a) or 1114 or Fed. R. Bankr. P. 2014 (including retention of ordinary course professionals) shall file with the Court a motion, a supporting affidavit or verified statement of the professional person and a proposed order for approval.  Promptly after learning of any additional material information relating to such employment (such as potential or actual conflicts of interest), the professional employed or to be employed shall file and serve a supplemental affidavit setting forth the additional information. 
  2. Notice and Hearing.  All retention motions shall be heard on the first omnibus or other hearing date that would allow adequate notice of the retention motion and hearing in accordance with Local Rules 9013-1 and 2002-1(b).  If the retention motion is granted, the retention shall be effective as of the date the motion was filed, unless the Court orders otherwise.
  3. Professional Disclosure.  Any professional person whose employment is sought pursuant to this Local Rule must disclose its employment, or intended employment, of another professional for whom reimbursement will be requested under Local Rule 2016-2(f); provided, however, if such disclosure would require the disclosure of privileged information or information which may reveal confidential litigation strategy, such disclosure may be excused by the Court.  Even if disclosure is excused, however, the professional will still be required to comply with the requirements of Local Rule 2016-1(f) in order to be reimbursed for any payment made by it to the other professional.

Rule 2015-2 Debtor-in-Possession Bank Accounts in Chapter 11 Cases.

  1. Bank Accounts and Checks.  Where the debtor uses pre-printed checks, upon motion of the debtor, the Court may, without notice and hearing, permit the debtor to use its existing checks without the designation "Debtor-in-Possession" and use its existing bank accounts.  However, once the debtor's existing checks have been used, the debtor shall, when reordering checks, require the designation "Debtor-in-Possession" and the corresponding bankruptcy number on all such checks.
  2. Section 345 Waiver.  Except as provided in Local Rule 4001-3, no waiver of the investment requirements of 11 U.S.C. § 345 shall be granted by the Court without notice and an opportunity for hearing in accordance with these Local Rules.  However, if a motion for such a waiver is filed on the first day of a chapter 11 case in which there are more than 200 creditors, the Court may grant an interim waiver until a hearing on the debtor's motion can be held.

Rule 2016-1 Disclosure of Compensation.

Any attorney representing the debtor under the Code, or in connection with such a case, whether or not such attorney applies for compensation under the Code, shall file with the Court a statement of compensation paid or agreed to be paid, if such payment or agreement was made after one (1) year before the petition date, for services rendered or to be rendered in contemplation of or in connection with the case by such attorney and the source of such compensation as required by 11 U.S.C. § 329 and Fed. R. Bankr. P. 2016(b).