Local Rules

Rule 9019-6 Other Alternative Dispute Resolution Procedures

The parties may employ any other method of alternative dispute resolution.

Rule 9019-7 Notice of Court Annexed Alternative Dispute Resolution Program.

The plaintiff, at the time of service of the complaint and summons, shall give notice of dispute resolution alternatives substantially in compliance with Local Form 110B.

Rule 9022-1 Service of Judgment or Order.

Immediately upon the entry of a judgment or order, the Clerk shall serve a notice of the entry of the judgment or order on local counsel for the movant, via electronic means, as consented to by the movant.  Registered CM/ECF users are deemed to have consented to service of the notice of the entry of orders or judgments via electronic means.  If counsel for the movant is not a registered CM/ECF user, the Clerk shall serve a copy of the judgment or order on local counsel for the movant via first class mail.  Counsel for the movant shall serve a copy of the judgment or order on all parties that contested the relief requested in the order and on other parties as the Court may direct and file a certificate of service to that effect within forty-eight (48) hours.  For any pro se movant or sua sponte order, the Clerk's Office shall serve a copy of the judgment or order via first class mail on all parties affected thereby and file a certificate of service to that effect, unless otherwise directed by the Court.

Rule 9027-1 Statement in Notice of Removal Regarding Consent to Entry of Order or Judgment in Core Proceeding.

If a notice of removal is filed pursuant to Rule 9027(a)(1) of the Federal Rules of Bankruptcy Procedure, it shall contain a statement that the party removing the proceeding does or does not consent to the entry of final orders or judgments by the Court if it is determined that the Court, absent consent of the parties, cannot enter final orders or judgments consistent with Article III of the United States Constitution.  If no such statement is included, the filing party shall have waived the right to contest the authority of the Court to enter final orders or judgments.

Rule 9029-1 Statement in Response to Notice of Removal Regarding Consent to Entry of Order or Judgment in Core Proceeding.

Any statement filed pursuant to Rule 9027(e)(3) of the Federal Rules of Bankruptcy Procedure by a party to a removed claim or cause of action shall contain a statement that the party does or does not consent to the entry of final orders or judgments by the Court if it is determined that the Court, absent consent of the parties, cannot enter final orders or judgments consistent with Article III of the United States Constitution.  If no such statement is included, the filing party shall have waived the right to contest the authority of the Court to enter final orders or judgments.

Rule 9029-3 Hearing Agenda Required.

In all chapter 7 asset cases and chapter 11 cases, debtor's counsel (or counsel to the trustee if one is appointed) shall file an agenda for each scheduled hearing in the case, in substantial conformity to Local Form 111 and meeting the requirements set forth in this Local Rule.

  1. General Requirements of Agenda.
    1. Local counsel shall file the agenda in the bankruptcy case and adversary proceeding, if applicable, with the Bankruptcy Court on or before 12:00 p.m. prevailing Eastern Time two (2) business days before the date of the hearing.  Failure to file the agenda timely may subject counsel to a fine.
       
    2. Resolved or continued matters shall be listed before unresolved matters.  Contested matters (and documents within each matter) shall be listed in the order of docketing with corresponding docket numbers.  All amended agendas shall list matters as listed in the original agenda, with added matters being listed last and all changes being made in bold print.
       
    3. Copies of the proposed agenda shall be served upon local counsel who have entered an appearance in the case, as well as all other counsel with a direct interest in any matter on the agenda, substantially contemporaneous with the Court filing.
       
  2. Motions.
    1. General Information.  For each motion, the agenda shall provide the title, docket number and date filed.  Supporting papers shall be similarly listed.
       
    2. Objection Information.  For each motion, the agenda shall provide the objection deadline and any objections filed, and provide the docket number and the date filed, if available.
       
    3. Status Information.  For each motion, the agenda shall provide whether the matter is going forward, whether a continuance is requested (and any opposition to the continuance, if known), whether any or all of the objections have been resolved and any other pertinent status information.
       
  3. Adversary Proceedings.  When an adversary proceeding is scheduled, the agenda shall indicate the adversary proceeding number in addition to the information required by Local Rule 9029-3(b).
     
  4. Hearing Binders.  The agenda shall be submitted to the respective Judge's chambers in a hearing binder containing copies of all documents relevant to matters scheduled to be considered by the Court at such hearing.  Hearing binders shall contain only the substantive documents necessary for the hearing (i.e., motions and responses) and shall not contain documents related to continued or resolved matters.  Certificates of service shall not be included in the hearing binder unless adequacy of service is an issue to be considered by the Court.
     
  5. Amended Agenda.  Where an amended agenda is necessary, the amended agenda shall (in bold print) note any material changes in the status of any agenda matter.

Rule 9036-1 Electronic Transmission of Court Notices; Use of Technology in the Courtroom

  1. Court Notices.  To eliminate redundant paper notices, all registered electronic filing participants will receive notices required to be sent by the Clerk via electronic transmission only.  No notices from the Clerk's Office will be sent in paper format, with the exception of the Notice of Meeting of Creditors, which will be sent in both paper and electronic format.  The electronic transmission of notices by the Clerk will be deemed complete upon transmission.  The Court has established "opt-out" procedures to ensure that any registered electronic filing participant may receive paper notices in addition to electronic notices by requesting such notices in writing to the Clerk's Office.
     
  2. Use of Technology in the Courtroom.  Parties intending to use any technology in the Courtroom must give the Court three (3) business days' notice.  Notice should be sent via email to debml_Courtroom_Technology@deb.uscourts.gov.  Appropriate chambers should also be notified.

Rule 9037-1 Redaction of Personal Data Identifiers

The responsibility for redacting personal data identifiers (as defined in Fed. R. Bankr. P. 9037) rests solely with counsel, parties in interest and non-parties.  The Clerk, or claims agent if one has been appointed, will not review each document for compliance with this Rule.  In the event the Clerk, or claims agent if one has been appointed, inadvertently discovers that personal identifier data or information concerning a minor individual has been included in a pleading, the Clerk, or claims agent if one has been appointed, is authorized, in its sole discretion, to redact all such information from the text of the docketed filing and make an entry indicating the correction. 

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