New!! Local Rules and Forms to become effective Oct. 1, 2007
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Local Rules 1001-1: Title; Scope and Effective Date of Rules Page under constructionTop RULE 1001-1: TITLE, SCOPE AND EFFECTIVE DATE OF RULES Top (a) Local Rules of Court. The Supreme Court of the United States has, pursuant to 28 U.S.C. § 2075, prescribed rules of procedure in bankruptcy cases. Federal Rule of Bankruptcy Procedure 9029 provides that courts may adopt local rules that are not inconsistent with the Federal Rules of Bankruptcy Procedure. The following rules are adopted as the local rules of the United States Bankruptcy Court for the District of Puerto Rico – subject to the limitations set forth in Rule 77.2(b) of the Local Rules of the United States District Court of the District of Puerto Rico – and will govern procedure in all cases and proceedings under Title 11 of the United States Code in the District of Puerto Rico. These rules may be referred to as the “Puerto Rico Local Bankruptcy Rules,” and will be cited as “P.R. LBR,” or simply LBR when cited within a local rule. Official forms appended to these LBRs will be referred to as P.R. LBF, or simply LBF when cited herein. (c) Waiver or Modification of Local Rules. The provisions of these rules may be waived or modified in any case or proceeding, on motion or on the court’s own initiative, for the convenience of the parties or in the interest of justice, as determined by the Court. (d) Adoption of Certain Rules of the U.S. District Court. The provisions of LDRs 43, 44, 56, and 65.1 are applicable to adversary proceedings and contested matters in the U.S. Bankruptcy Court, to the extent that they are not inconsistent with these LBRs, the Federal Rules of Bankruptcy Procedure, and Title 11 of the United States Code. (e) Meaning of Terms. Except as otherwise noted, the terms used herein have the same meaning as ascribed to them under Fed. R. Bankr. P. 9001, or as defined in other sections of the Bankruptcy Code and Rules. Except when a matter is pending before the District Court, the references in the Local Rules for the District of Puerto Rico to “Court,” “Judge,” and “Clerk” should be read as the “United States Bankruptcy Court,” “Bankruptcy Judge,” and “Clerk of the United States Bankruptcy Court,” respectively. “Mail” includes electronic means. (f) Failure to Comply with Local Rules. Failure to comply with the provisions of these LBRs may result in sanctions which may include but are not limited to: the imposition of monetary sanctions; non-monetary sanctions; dismissal of the case or proceeding; or denial of the relief sought, as the court in its discretion deems appropriate. (g) Effective Date. These rules are effective on October 1, 2007, and supersede all previously adopted rules and administrative orders of the U.S. Bankruptcy Court for the District of Puerto Rico. (h) General and Special Orders.
(i) Availability of Information Through the Court’s Website. Detailed information regarding filing requirements, Administrative Office and Local Forms, fees, general and administrative orders, or any other information regarding these LBRs are available at the Clerk’s office and through the court’s web site (www.prb.uscourts.gov). RULE 1002-1: PETITION- GENERAL Top (a) Filing. A petition commencing a case under the Bankruptcy Code must be filed by electronic means as established by the court. Only pro se debtors or attorneys who have not obtained their CM/ECF training, login and password may file a petition in paper in the office of the Clerk. Attorneys who need to file by paper method must include a motion requesting permission to file and informing the court when they expect to comply with the mandatory electronic requirements of this court. (b) Form. A petition commencing a voluntary case must conform with Official Form No. 1 and be fully completed by the petitioner. (c) Corporate Petition and Petitions for Non-Individuals. (1) Corporate Petitions. A petition filed by a corporation must be signed in accordance with 28 U.S.C. § 1746, or verified by an authorized officer or authorized agent of the corporation; it must include a copy of the resolution of the board of directors or minutes of the corporate meeting, or other evidence of the authority of the verifying officer or authorized agent to file the bankruptcy petition on behalf of the corporation. (2) Petitions for Other Non-Individuals. A petition by a partnership, trust, or other non-individual debtor must be signed and verified by a general partner, or trustee or appropriate agent; it must include evidence of the signatory’s authority to file the bankruptcy petition. RULE 1003-1: Involuntary Petitions Top (a) Required Designation. An involuntary petition filed against a non-individual debtor must include a designation of the alleged debtor’s principal operating officer, trustee, managing general partner, or other appropriate authorized agent, as the case may be. If the petitioning creditor(s) does not know the identity of the person(s) designated under this LBR, a statement to that effect must be included. (b) Partnership Lists. An involuntary petition relating to partnership debtors must include a list with the names, addresses, and telephone numbers of all general and limited partners. If the petitioner(s) does not know this information, a statement to that effect must be included. RULE 1005-1: Filing Papers - Requirements Top (a) Caption of Papers. The bankruptcy case name, number, judge’s initials, chapter, and asset/no asset designation must appear on all documents filed electronically or with the Clerk. (c) Size. All documents and pleadings, including the petition, schedules, statements, lists, and other documents, must be in a portable document format (pdf) which measures 8 ½" x 11". The resolution measured in “dots per inch” (dpi) must be in the range of 200 to 240. When necessary to comply with this rule, photo reduction of documents is required. (d) Signature. Each pleading filed must include a signature block with the name, address, email address and telephone and facsimile numbers of the party or attorney filing the pleading. Signature blocks for attorneys must include the law firm’s name, the name of the client and the attorney’s bar admission number for the U.S. District Court for the District of Puerto Rico. Electronic signatures of debtors, attorneys, trustees and all other filers must comply with the PR LBR 5005-4(e). (e) Caption of Amendments. Any paper filed to effect an amendment of a previously filed or served paper- including bankruptcy petition, lists, schedules, and statements - must clearly state in bold print that it is an amendment. The appropriate filing fee and the added creditors clearly marked on the motion must accompany any amendment adding creditors to the case. RULE 1006-1: Filing Fee - Manner of Payment Top The filing fee commencing a case filed electronically must be paid at the time of filing by credit card over the internet and in conformity with the applicable provisions established by the court in PR LBR 5005-4(e) and available at the court’s website, www.prb.uscourts.gov. For persons authorized to file by paper at the office of the Clerk, payment must be made in cash or by cashier’s check or money order, made payable to “Clerk, U.S. Bankruptcy Court.” Payment by personal check or credit card will be accepted only if the check or credit card is in the name of the attorney for the debtor, or the law firm of which the attorney for the debtor is a member, partner or associate; or in a Chapter 11 case, on the account of the debtor-in-possession. The Clerk will maintain a list of attorneys and law firms whose checks have been dishonored, and may refuse to accept the checks of such attorneys or firms. RULE 1006-2: Fees- Installment Payments, In Forma Pauperis and Electronic Refunds Top (a) Filing Fee in Installments. Any individual debtor desiring to pay the filing fee in installments must file an Application with the Clerk conforming to the AO Form 16B entitled “Application to Pay Filing Fee in Installments.” That debtor(s) must pay $50.00 at the time of the filing of the petition. The balance of the total fee must be paid in no more than three (3) equal installments, payable every thirty (30) days thereafter until paid in full. (b) Procedure to Waive Filing Fee (Proceed in Forma Pauperis). An individual who files a voluntary Chapter 7 petition may request to have all filing fees waived by filing a completed and signed Application for Waiver of the Chapter 7 Filing Fee using Official Form B3B. The granting of the application approves the waiver of all future fees which may arise in the case. (c) Discharge of Debtor. A discharge may not be entered until all filing fees are paid in full. (d) Electronic Refunds. The Clerk of the United States Bankruptcy Court, District of Puerto Rico has the authority to approve refunds for fees paid electronically for monies collected by or paid to the Court in error, such as duplicate charges or electronic system errors. (3) Request for Clearance. A movant may request clearance of the “filing fee due” status in a case or proceeding in which the fee has not yet been paid by contacting the Finance Division. (4) Denial of Refund. If a claimant’s refund request is denied, the claimant may seek reconsideration of the request from the judge presiding over the case in which the subject document was filed by filing a motion to that effect. (5) Repeated Mistakes. In the event that a particular attorney or law firm continues to make repeated mistakes when submitting fees and repeatedly requests refunds, the Court will consider remedial action and may issue an order to show cause as to why further requests for refunds should be considered. (a) Fees. Unless the reopening is to correct an administrative error or for actions related to the debtor’s discharge, the fee for reopening a case must be paid with the motion requesting the reopening of the case, regardless of whether the motion is granted. (b)Waiver/Deferral of Fee. The court may waive this fee under appropriate circumstances or may defer payment of the fee upon written request. Such request must be attached to the Motion to Reopen. RULE 1007-1: Lists, Schedules and Statements; Time Limits; Notice of Intent to Dismiss; Notice in Chapter 11 Cases Top (b) Mailing Matrix. All cases filed through the electronic system must have the creditor’s mailing matrix uploaded immediately upon filing. In cases filed by conventional means a mailing matrix must be filed with the petition in all voluntary cases upon filing. This matrix must contain the names and addresses (including zip codes) of all known creditors and holders of executory contracts. (c) Certificate of Credit Counseling and Debt Repayment Plan. The certificate of credit counseling and debt repayment plan shall be filed separately from the petition. (d) Notice of Dismissal if Document Not Timely Filed (Lack of Prosecution). Upon filing the petition, the debtor will receive a “Notice of Deficient Filing and Notice of Possible Dismissal” indicating which documents are missing and giving the debtor two (2) business days to file the required documents. If, after the expiration of the stated time period, or any court authorized extension thereof, the debtor fails to timely file the required documents, the Clerk shall issue an order of dismissal without further notice. In the absence of a showing to the contrary, any such dismissal shall be presumed to be a willful failure within the meaning of 11 U.S.C. § 109(g), with a 180-day bar to refiling a petition. See also LBR 1017-2. (1) Voluntary Petition; (2) Statement of Social Security Number(s) - Official Form B-21; (3) Corporate Resolution/Corporate Ownership Statement; (4) Fee Payment; or Application to Pay Filing Fees in Installments; or Application for Waiver of the chapter 7 filing fee; (5) Creditor Mailing Matrix (names and addresses) uploaded in the CM/ECF System; (6) Cover sheet for list of creditors and creditor matrix diskette if filed conventionally; (7) Chapter 11 List of Creditors holding 20 largest unsecured claims; and, (8) Notice to Individual Consumer Debtor - Official Form 201
(g) Notification of Creditors in Chapter 11 Cases Scheduled as Disputed, Contingent, or Unliquidated. The debtor in each Chapter 11 case must serve LBF B on each creditor whose claim is listed on the schedules as disputed, contingent, or unliquidated, within fifteen (15) days after filing the schedules of liabilities, or within fifteen (15) days of adding those creditors to previously filed schedules. The notification must advise those creditors of their right to file proofs of claim and indicate that failure to do so shall prevent them from voting upon the plan or participating in any distribution thereunder. Debtor must file with the Clerk a certificate of service evidencing compliance with this LBR within ten (10) days of service. RULE 1009-1: Amendments to Lists, Schedules, and Statements Top (a) Procedure and Form. A voluntary petition, list, schedule statement, or other document filed to effect an amendment to a previously-filed document must clearly state in bold print that it is an amendment and must be accompanied by a statement of the purpose the amendment is meant to serve. The amendment must be underlined and in italics to identify the added or changed information. The amended document must be signed by the amending party, who must attach to the amended documents a signed affirmation relating to all the amended pages in the same form as the original documents. (b) Notice and Service of Amendment. In each instance in which the debtor amends its petition, lists, schedules, or statements, it must give notice to any appointed trustee, to the United States Trustee, and to any entity affected by the amendment, by serving upon them a copy of the amendment and the statement of purpose of the amendment. The debtor must file a certificate of service that indicates the parties served and the date and method of service. (c) Amendments Adding an Omitted Creditor. If pre-petition creditors not previously included on the mailing matrix are added by amendments at any time after the first notice of the meeting of creditors, the following procedures apply: (1) The debtor must give notice of the amendment and statement of purpose together with a copy of the original Notice of § 341 Meeting of Creditors to the trustee, United States Trustee, and the added creditor; (2) In asset cases, notice is required informing the creditor of its right to file a Proof of Claim within ninety (90) days of service of the documents required by this LBR, or within the time set for previously scheduled creditors to file Proofs of Claim, whichever is later; or within such other time as allowed by Fed. R. Bankr. P. 9006(c) and ordered by the court; and (3) In a chapter 7 case, a notice informing the creditor of its right to file complaints under 11 U.S.C. §§ 523 and 727, and objections to the debtor’s claim of exemptions, within sixty (60) days of service of the papers required by this LBR, or within the time set for previously scheduled creditors to file those complaints or objections, whichever is later. (4) The extensions of deadlines granted by this LBR apply only to those creditors added by amendment. (5) Creditors added after the § 341 meeting of creditors has commenced are entitled to reconvene the 341 meeting, upon request to the United States Trustee, unless the court orders otherwise. (6) If a creditor is added after the order of discharge is entered in an individual Chapter 7 case in which there is no distribution to creditors, the order of discharge is deemed to apply to the pre-petition debts owed to that creditor as of the later of: (A) 60 days after the date the debtor provides evidence of service if the creditor has not filed complaints under 11 U.S.C. §§ 523 and 727; or, (B) the date the last orders denying or dismissing those complaints become final. RULE 1015-1: Joint Administration and Consolidation Top (a) Specify Action. A motion filed for this purpose must specify whether the request is for joint administration or substantive consolidation of the cases. (b) Joint Administration. A motion for joint administration is deemed to include all administrative activities of the case, unless the movant specifies that it will only apply to limited activity, and identifies that activity. Independent dockets will be maintained in each case. (c) Substantive Consolidation. After a motion for substantive consolidation is granted, the lead case will be the oldest case filed and all other cases will be dismissed and closed, unless otherwise ordered by the court. All debtors of the consolidated cases will be added to the lead case. RULE 1017-2: Dismissal for Lack of Prosecution Top (a) Want of Prosecution Defined. For purposes of Fed. R. Bankr. P. 1017, the term “want of prosecution” shall include, but is not limited to: (1) failure to file lists, schedules, and statements within the time allowed by Interim Fed. R. Bankr. P. 1007; (2) failure of a debtor that is a corporation to be represented by counsel within the time set by order of the court; (3) failure to pay any required filing fee in a timely fashion; (4) failure to prosecute in a timely and diligent manner the filing of a plan, disclosure statement, or other document or pleading, as required by the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, the Interim Federal Rules of Bankruptcy Procedure, these LBRs, or orders of the court; (5) failure of a party or counsel to appear at a hearing before the court, upon notice or order; (6) failure of the debtor to appear at the initial § 341 meeting, or any continued meeting; and (7) failure to abide by any court order requiring the filing of papers, or payment of fees, costs, or sanctions. (b) Sua Sponte Action by the Court. The court may dismiss a case for lack of prosecution on its own motion – after notice to the debtor, the debtor’s attorney (if any), and all creditors, unless the debtor cures the deficiency in a timely fashion and/or the debtor or any other party in interest requests a hearing within fifteen (15) days of service of the notice of intent to dismiss. An exception to this subsection is the automatic dismissal as permitted by LBR 1007 (d) & (e).
RULE 2002-2: Notice of Preferred Addresses under 11 U.S.C. § 342 (e) & (f) And National Creditor Register Service Top (a) Notice. The filing of a notice of preferred address pursuant to 11 U.S.C. § 342(f) by a creditor directly with the entity that provides noticing services for the Bankruptcy Courts will constitute the filing of such a notice with the Court. (c) Conclusive Presumption. Any notice sent by the Court to a creditor’s preferred address, in accordance with a notice of preferred address filed by a creditor or an interested party pursuant to 11 U.S.C. § 342(e) or § 342(f) or contained in a proof of claim filed with the Court, specifying a mailing address and designating a recipient, will be conclusively presumed to have been received by the creditor or interested party upon the mailing of any notice by the Court or its noticing agent(s) to the address specified in the notice of preferred address, notwithstanding 11 U.S.C. § 342(g)(1). RULE 2003-1: Meeting of Creditors or Equity Security Holders Top (a) Report of Action Taken. No later than four (4) days after the § 341 meeting, each presiding officer at a meeting of creditors must file with the court a report of action taken, and must serve that report upon the United States Trustee. In chapter 7 cases, the Chapter 7 trustee must file a report of no distribution no later than fifteen (15) days after the § 341 meeting, if applicable. (b) Failure of Debtor to Appear at § 341 Meeting of Creditors. Failure of the debtor in a voluntary case to appear at a scheduled 11 U.S.C. § 341 meeting of creditors constitutes cause for dismissal. Upon the filing by the trustee or the United States Trustee of a Report of Nonappearance and Motion to Dismiss, an order of dismissal will be entered by the Clerk. Notice of the Motion to Dismiss shall only be provided to the debtor, debtor’s counsel, trustee and the United States Trustee. (c) Rescheduled Meeting of Creditors; Notice. When the debtor’s case has been dismissed and the dismissal is subsequently set aside, or if a meeting of creditors is rescheduled upon request of the debtor, the debtor shall obtain another date for the meeting of creditors from the United States Trustee or from the Chapter 13 trustee in Chapter 13 cases, and the debtor shall give notice of the rescheduled meeting to the trustee, the United States Trustee, all creditors and all parties in interest and file a certificate of service.
(a) Inapplicability to Adversary Proceedings and Contested Matters. The provisions for examination under this LBR are inapplicable to pending adversary proceedings and contested matters. The discovery provisions made applicable by Part VII of Federal Rules of Bankruptcy Procedure, and Fed. R. Bankr. P. 9014 govern discovery in connection with pending adversary proceedings and contested matters. (b) Consultation Required. Counsel for the party moving for an examination under Fed. R. Bankr. P. 2004 must confer with counsel for the proposed examinee(s), or with the proposed examinee(s), if unrepresented, to arrange a mutually agreeable date, place, and time for the examination before filing a motion for examination. All motions for an examination must include either: (1) a statement that the conference has been held as required, and that all parties have agreed to the date, time, and place of the examination; or (2) a statement explaining why it was not possible for the conference to be held; or (3) a verified statement that the movant has good reason to believe that the proposed examinee would absent himself or herself from the jurisdiction if notified of the request for examination; or (c) Objections/Protective Orders. Any objection to a motion for a Rule 2004 examination must be made in the form of an objection and/or motion for protective order in accordance with Fed. R. Civ. P. 26(c), as adopted in Fed. R. Bankr. P. 7026. The motion/objection must state precisely the basis for the objection or protective order, as well as the nature and scope of the relief requested. (d) Notice and Response Time. (1) The party proposing the examination must give the entity to be examined and its counsel (if known), as well as all other affected parties, no less than thirteen (13) days written notice of a proposed examination, in accordance with LBR 9013-1(h)(1). The notice must apprise the party to be examined of the proposed scope of the examination and must list any documents requested to be presented at the examination. (2) The notice must also contain the following language regarding the time to object or otherwise respond to the proposed examination: Any party who objects to the examination shall serve and file an objection and/or motion for protective order with the U.S. Bankruptcy Court for the District of Puerto Rico within ten (10) days of service of this Motion for a Rule 2004 Examination, or within three (3) additional days if you were served by mail, pursuant to Fed. R. Bankr. P. 9006(f). If no objections or motions for protective order are timely filed, the court may grant the motion for examination without further notice or a hearing. (e) Stay of Examination. The timely filing of an objection and/or motion for protective order, as provided for in subdivisions (b) and (c) of this LBR, automatically stays the examination, and the entry of any order determining the motion for examination, until the court considers the objection or motion for protective order. (f) Unopposed Motion for Rule 2004 Examination. If no response or objection is timely filed, the court may grant the motion for an examination under this LBR. RULE 2014-1 Employment of Professional Persons Top (a) Application and Statement. An application of a debtor (other than a Chapter 7 debtor), debtor in possession, estate representative, or committee to employ any professional person, including an attorney, accountant, appraiser, broker, auctioneer, consultant, or agent, must include all of the information required by Fed. R. Bankr. P. 2014(a). In addition, the application must include the curriculum vitae of the professional to be employed. In a Chapter 11 case, the trustee or debtor in possession must sign the application to employ an attorney. The application must be accompanied by a statement in which the professional to be employed (hereinafter the “professional”) makes the following disclosures under penalty of perjury, in accordance with subsection (b) of this LBR: (1) Neither I nor any member of my Firm holds or represents any interest adverse to the estate of the above-named debtor. (2) My connections and my Firm’s connections with the debtor, any (3) I am, and each member of my Firm is, a “disinterested person” as that term is defined in 11 U.S.C. § 101(14). (4) I have not agreed to share with any person, except members of my (5) The terms of compensation agreed to are as follows: I have received a (6) I will amend this statement immediately upon my learning that: (a) (7) I have reviewed the provisions of LBR 2016-1. (b) Clarifying Terms. (1) Connections. For the purposes of 11 U.S.C. § 101(14) and subsection (a)(2) of this LBR, the term “connections” includes, but is not limited to: (A) the professional’s representation at any time of the debtor or any affiliate of the debtor, as that term is defined in 11 U.S.C. § 101(2), or of any insider of the debtor, as that term is defined in 11 U.S.C. § 101(31); (B) the professional’s representation at any time of a creditor against the debtor, or any insider or affiliate of the debtor; (C) the professional’s representation of a creditor on a regular basis, or in connection with a substantial matter; (D) the professional’s representation or employment of or by another authorized professional, either specifically in connection with the case, or on a regular basis, or in connection with a substantial matter in another case; and (E) a marital relationship or family affiliation to the third degree of consanguinity between the professional or the member of the professional’s Firm who will actually render services, and any party in interest (or officer, director, or shareholder of that party) or other professional authorized to be employed in the case. (2) Source of Funds. For the purposes of subsection (a)(5) of this LBR, the professional must disclose how the funds paid were generated by the debtor – whether from operations, salary, wages, other income, or from a loan or capital contribution. If the source is a loan or capital contribution – other than an advance on a continuing line of credit – and the loan or capital contribution was made to the debtor within ninety (90) days prior to the filing of the petition, the professional must disclose the identity of the lender or investor/stockholder and the terms of repayment, as well as any claims by and between the debtor and the lender or investor/stockholder. (c) Form of Statement. The statement accompanying the application to employ a professional person must be in the form of an affidavit, dated and signed under penalty of perjury by the person to be employed. Above such signature the affiant must include a sworn declaration that states: “I declare (or certify, or verify, or state) under penalty of perjury that the foregoing is true and correct,” as provided in 28 U.S.C. § 1746. (d) Certificate of Service. The application must include a certificate of service that indicates that the application and statement were transmitted to the United States Trustee. (e) Effective Date. If the court approves an application for the employment of a professional person, the approval is deemed effective as of the date of the filing of the application. However, if the application is filed within fourteen (14) days of either the commencement of the case or the date the professional first rendered services – whichever is later – court approval is deemed effective on the date that the services were first rendered. The court will not grant otherwise retroactive approval, absent extraordinary circumstances. RULE 2015-2: Duties of Trustee or Debtor in Possession Top (a) Chapter 11 Monthly Financial Reports. A Chapter 11 debtor in possession or trustee must file with the court a monthly financial report, which must be served on the United States Trustee and each member of any committee elected or appointed pursuant to the Bankruptcy Code. Each report is due on the twentieth (20th) of the subsequent month. Except as otherwise ordered by the court, the report must include the following: (1) balance sheet; (2) income statement; (3) statement of cash receipts and disbursements; (4) statement of accrued receivables. The statement must disclose amounts considered to be uncollectible; (5) statement of post-petition accrued payables, including professional fees. The statement must list the name of each creditor, and the amounts owing and remaining unpaid for over thirty (30) days; (6) tax disclosure statement. The statement must list post-petition taxes due or tax deposits required, the name of the taxing agency, the amount due, the date due, and an explanation for any failure to make the required payments or deposits; (7) compensation statement. The statement must disclose the amount of compensation paid to all insiders, as defined in 11 U.S.C. § 101(31). (b) Chapter 11 Post-confirmation Reports. If a Chapter 11 plan proponent has not filed an application for a final decree within three (3) months after confirmation of the plan, it must file and mail to the United States Trustee a post-confirmation report within three (3) months of the confirmation order, and every three (3) months thereafter until a final decree has been entered. The post-confirmation report must disclose the plan’s progress toward consummation, and must include the following: (1) a summary, by class, of amounts distributed or property transferred to each recipient under the plan, and an explanation of the failure to make any distributions or transfers of property under the plan; (2) debtor’s projections as to its continuing ability to comply with the terms of the plan; (3) a report of any pending or anticipated litigation, including the nature of each matter, the parties involved, and an estimated date when the matter will be resolved; (4) a description of any other factors that may materially affect the debtor’s ability to consummate the plan; (5) an estimated date when the application for final decree will be filed with the court. RULE 2016-1: Application for Compensation of Professionals Top (a) Compensation. Any professional seeking interim or final compensation for services and reimbursement of expenses under 11 U.S.C. §§ 330, 331, 503(b)(2), 503(b)(4), or 506(b) must file an application for compensation and reimbursement. The application must conform generally with Fed. R. Bankr. P. 2016. It and any attachments must comply with the United States Trustee Guidelines for Reviewing Applications for Compensation and Reimbursement of Expenses, issued on January 30, 1996, reprinted at 28 C.F.R. Part 58, Appendix, or as may be amended in the future. The following rules also apply: (1) Trustee Services. If the trustee is also serving as his/her own attorney, the trustee’s attorney application must contain a certification that no compensation has been or will be sought for services as an attorney which are properly trustee services. (2) Contingent Fee Matters. Time records must be kept on contingent fee matters. (3) Travel Time. The court may allow professional travel time at one-half of the professional’s normal hourly rate, unless otherwise justified. This is because time spent traveling is generally unproductive or, if productive, is rarely spent solely on the case for which the professional is traveling. Travel of one (1) hour or less round-trip is not compensable. (4) Certification. Each application must contain a certification by the professional that: (B) to the best of the professional’s knowledge, information and belief, formed after reasonable inquiry, the compensation and reimbursement of expenses sought conforms with the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, the United States Trustee Guidelines, and these LBRs; (C) the compensation and reimbursement of expenses requested are billed at rates no less favorable to the debtor/estate than those customarily employed by the applicant generally. (b) Expenses. An applicant has the burden of establishing that his/her expenses are both actual and necessary. The following rules also apply: (1) Photocopying. An applicant must identify the particular documents copied, the number of copies made, and the actual cost per copy – not to exceed 25 cents per page. (2) Computerized Research. Computerized research is reimbursable at actual cost, without markup for handling or administrative charges. (3) Messenger Service/Overnight Delivery. Messenger or overnight delivery services should only be used when the use of first-class mail is impractical. If reasonably incurred, reimbursement for these services will be allowed at actual cost. In-house messenger services are not reimbursable for more than the cost of comparable services outside the firm. (4) Postage. Postage is reimbursable at actual cost. (5) Long Distance Telephone Charges. Long distance telephone charges are reimbursable at actual cost. (6) Facsimile Transmissions. Facsimile transmissions are reimbursable at actual cost, if reasonably incurred. For outgoing transmissions, the actual cost of the telephone charges are reimbursable. Facsimile transmissions received are reimbursable at actual cost – not to exceed 25 cents per page. (7) Travel – Air transportation. Reimbursement for air travel is limited to the amount spent on full or coach fare, whichever is lower. (8) Travel – Within Puerto Rico. Automobile travel within Puerto Rico is reimbursable at a rate to be published by the Clerk’s office and based upon the mileage information available through the Puerto Rico Highway and Transportation Authority’s website, www.dtop.gov.pr/act. (9) Travel accommodations and meals. Reimbursement is allowed for reasonable hotel and meal expenses. Luxury accommodations are not reimbursable. (10) Meals – Working. Working meals at restaurants or private clubs are generally not reimbursable. Reimbursement may be requested for working meals only when food is catered to the professional’s office during a meeting with clients – such as a creditor’s committee – to permit the meeting to continue through a normal meal period. (11) Amenities. Charges for entertainment, alcoholic beverages, tobacco, newspapers, dry cleaning, etc., are generally not reimbursable. (12) Miscellaneous fees. Filing fees, court reporter fees, witness fees, and service of process fees are reimbursable at actual cost. (c) Sanctions For Non-compliance. The court may deny an application for compensation and expenses sua sponte if it does not comply with the requirements set forth in this LBR. RULE 2090-1: Attorneys Authorized to Practice Top (a) Generally. LDR 83.1 shall apply to all attorneys appearing before this court. (b) Appearances before the Court. As provided for in LDR 77.2(b), attorneys admitted to the bar of the United States District Court for the District of Puerto Rico, may practice in this court. (c) Pro Hac Vice Admission. Except as modified by LBR 9010-1(b), the provisions contained in LDR 83.1(f), apply to practice in this court. All attorneys seeking admission under this subsection, shall pay the required fee to the District Court and file with this court their application accompanied with a copy of the fee receipt, no later than the first appearance or the first document filed upon which the attorney’s name appears. RULE 3002-1: Filing of Claim or Interest Top (a) Service of Proof of Claim. The claimant must serve a copy of the proof of claim, with all attachments, on the trustee (if any), counsel for debtor, or debtor if pro se, contemporaneously with the filing of the claim with the Clerk’s office. (b) Estimated Proofs of Claim. The following guidelines govern the filing of estimated proofs of claim. These guidelines apply to any “person,” as defined in 11 U.S.C. § 101(41), and to any “governmental unit,” as that term is defined in 11 U.S.C. 101(27). (1) Undue Delay. All estimated proofs of claim must indicate why fixing or liquidating the same would unduly delay the administration of the estate. (2) Estimated Proof of Claim by a Governmental Unit. A governmental unit filing an estimated claim for taxes must indicate if the tax claim is being estimated because the debtor failed to file tax returns for the period included in the estimated proof of claim, or whether the estimation is based on a proposed additional assessment made after review of a debtor’s tax return. If the debtor filed tax returns, the governmental unit must indicate the basis for challenging the return, e.g., that the governmental unit has found a mathematical error or that it has reason to believe that the taxpayer’s income was higher than reported. If a field or office audit or review was conducted, which gave rise to the estimated claim, the governmental unit must indicate this in the estimated proof of claim. (3) Calculation and Breakdown of Estimated Amounts. All estimated proofs of claim must include a statement indicating how the amount listed in the estimated proof of claim was calculated or approximated, with a breakdown of the principal, interest, and late charges or penalties, if any, are included in the claim. (c) Chapter 7 No Asset Cases. Claims shall not be filed in a Chapter 7 no asset case. The Clerk’s office is authorized to reject the claim, when the claim is filed by conventional means. (d) Recovery of Assets. If notice of insufficient assets to pay a dividend was given to creditors pursuant to Fed. R. Bankr. P. 2002(e), and subsequently the trustee notifies the court that payment of a dividend appears possible, the Clerk shall notify the creditors of that fact and that they may file proofs of claim within ninety (90) days after the mailing of the notice. Governmental units may file proofs of claim within one hundred and eighty (180) days of the mailing of the notice. RULE 3003-1: Chapter 11 Claims Bar Date Top Proofs of claim in Chapter 11 cases must be filed: (a) on or before ninety (90) days from the date first set for the § 341 meeting of creditors; and, (b) for governmental units, within one hundred and eighty (180) days after the date of the order for relief, unless otherwise ordered by the court. RULE 3007-1: Objections to Claims Top (a) Content. A party who files an objection to the allowance of any proof of claim must state in the objection the factual and legal grounds for the objection with particularity. The party must also make a recommendation to the court as to whether the claim should be disallowed, or allowed in an amount or with a priority other than as filed. (b) Procedures. The procedures for motion practice and contested matters set forth in Fed. R. Bankr. P. 9013 and 9014, and LBR 9013-1, govern objections to claims. (c) Notice. An objection to claim must contain the following notice, either below the signature block of the objecting party, or in an otherwise conspicuous place within the pleading: Within thirty (30) days after service as evidenced by the certification, and an additional three (3) days pursuant to Fed. R. Bank. P. 9006(f) if you were served by mail, any party against whom this paper has been served, or any other party to the action who objects to the relief sought herein, shall serve and file an objection or other appropriate response to this paper with the Clerk’s office of the U.S. Bankruptcy Court for the District of Puerto Rico. If no objection or other response is filed within the time allowed herein, the objection will be deemed unopposed and may be granted unless: (1) the requested relief is forbidden by law; (2) the requested relief is against public policy; or (3) in the opinion of the court, the interest of justice requires otherwise. If you file a timely response, the court may – in its discretion – schedule a hearing. (d) Requirement of Written Response. If a claimant contests an objection to claim, it must file with the Clerk a written response to the objection. The response must state with particularity why the proof of claim should be allowed, must contain any documentation in support of allowance of the proof of claim and must state why the objection to the proof of claim should be denied. A response to an objection to claim must be served on the objecting party and any other party entitled to receive notice of the response. A claimant who does not file a timely response to a properly served objection to claim is deemed to have agreed that the objection to claim may be granted. If a timely response is not filed, the court may grant the objection to claim without further notice or hearing. RULE 3011-1: Unclaimed Funds Top (a) Procedure for Deposit of Unclaimed Funds. All unclaimed funds collected by the court shall be immediately deposited into United States Treasury accounts in accordance with applicable Administrative Office regulations. (1) The may not disburse unclaimed funds without a court order. (2) The following documentation is required in order to obtain a court order for disbursement of unclaimed funds: (A) Requirements for individuals. A motion to withdraw unclaimed funds shall be in the form of LBF C. Claimant must submit a photocopy of a valid photo identification, such as a driver’s license or passport. The motion shall include the last four (4) digits of the claimants social security number. (B) Requirements for corporations. The corporation must be represented by a member of the bar of this court. In addition, if the claimant is a successor corporation, claimant shall provide documents establishing the chain of succession of the original corporate claimant as proof of entitlement to the funds. The motion shall also include the tax identification number. (C) Requirements for the Representative of the Estate of a Deceased Claimant. The representative must comply with paragraph (A) above. Certified copies of all probate documents to substantiate the representative’s right to act on behalf of the decedent’s estate must be provided as proof of entitlement. (D) Funds locators. The claimant must comply with paragraph (A) or (B) above. In addition, the claimant shall provide documentation establishing their authorization to act on behalf of claimant. (3) Service of the Motion. A motion to withdraw unclaimed funds shall be filed and served on the debtor, debtor’s attorney, the trustee, the United States Trustee, the United States Attorney and the creditor or payee, if not claimant, for whom the funds were deposited. (4) Multiple Claims. Claimants requesting to withdraw unclaimed funds in multiple cases assigned to the same judge, shall file one consolidated motion containing all of the requests up to a maximum of ten (10) cases. The motion shall contain the name of the debtor(s), the case number(s), and the amount requested for each case, in addition to the other requirements of this LBR. RULE 3015-2: Chapter 13 Plan Requirements and Confirmation Top (2) Motion for Avoidance of Lien pursuant to 11 U.S.C. § 522(f) (Lien avoidance under any other provision of the Bankruptcy Code must be by adversary proceeding and requires service of a summons and complaint.) (3) Motion for Assumption or Rejection of Executory Contracts pursuant to 11 U.S.C. § 365. (b) Special Notice to Secured Creditors Whose Collateral is to be Valued or Lien Avoided Unless a stand-alone motion and appropriate notice is served on the affected creditor at the same time as the plan is filed with the Clerk and transmitted to creditors, the debtor shall serve on each creditor who is the subject of a motion for valuation under 11 U.S.C. § 506(a) or an included motion for lien avoidance under 11 U.S.C. § 522(f), a copy of the plan to which is attached a notice in the form approved by the Court. Service of the plan and special notice must be made in the manner provided for in Fed. R. Bankr. P. 7004. (c) Filing of Original Chapter 13 Plan and Related Motions (1) Requirement. The Chapter 13 Plan and Related Motions and any special notice to secured creditors required by this rule shall be filed with the petition or not later than fifteen (15) days after the commencement of the case if the case was originally filed under Chapter 13, or fifteen (15) days after the order converting the case to Chapter 13 from some other chapter. (2) Proof of Service to include names and addresses of all parties served. The Chapter 13 Plan and Related Motions must contain proof of service setting forth the date and manner of service and the names and addresses of all parties to whom the plan was mailed or transmitted. (A) A motion to extend the time to file a Chapter 13 Plan and Related Motions may be granted by the Clerk for an additional ten (10) days, if: (i) the motion for extension has been filed before the initial due (ii) notice of the motion has been given by the debtor to the trustee and all creditors. (d) Distribution of Chapter 13 Plan and Related Motions. The debtor shall distribute a copy of the original Chapter 13 Plan and Related Motions to all creditors, the Chapter 13 trustee, and other parties in interest at or prior to the time it is filed with the court. Upon receipt of the confirmation date, time and location, the debtor shall serve on affected creditors the special notice required by paragraph (b) of this rule. (e) Objections to Confirmation of Chapter 13 Plan or to Related Motions. (1) Deadline for Filing. Any objection to confirmation of the Chapter 13 Plan or to the granting of any included Motion for Determination of Value, Motion for Lien Avoidance, or Motion to Assume or Reject Executory Contract or Unexpired Lease shall be filed not later than ten (10) days prior to the date set for the confirmation hearing. Any extension of the original objection period must be requested by motion. (3) Hearings on Objections. All timely filed objections shall be heard at the (f) Modified Chapter 13 Plan and Related Motions (1) Procedure where no plan has been confirmed (A) Time for Filing. Unless confirmation of a prior plan has been denied, a modified plan shall be filed ten (10) days prior to confirmation. If confirmation of a prior plan has been denied, a modified plan must be filed within the period stated in paragraph (h) of this rule unless the order denying confirmation states some other period. (B) Distribution of Modified Chapter 13 Plan and Related Motions. The modified Chapter 13 Plan and Related Motions, and any special notice required by paragraph (b) of this rule, must be distributed and served in the same manner as the original plan. The special notice required by paragraph (b) of this rule need not be given, however, if an order has previously been entered granting the relief sought and the modified plan does not contain any provision inconsistent with the order previously entered. (C) Objections to Confirmation of Modified Chapter 13 Plan and Related Motions. If a modified Chapter 13 Plan and Related Motions are filed, any objections must be filed not later than five (5) days prior to the date set for the confirmation hearing. (D) Trustee’s recommendations. The Chapter 13 trustee shall file a recommendation as to the plan to be confirmed no later than five (5) days prior to the date set for the confirmation hearing. (E) Effect on Hearing Scheduled on Objection(s) to any Previously Filed Unconfirmed Plan. Once a modified plan and related motions have been filed by the debtor, all previously filed unconfirmed plans and related motions are deemed withdrawn. (2) Procedure where plan has been confirmed. (A) Where modification is requested by the trustee or a creditor. If (C) Objections to Confirmation of Modified Chapter 13 Plan. If a timely objection is filed, the court or the trustee will schedule a hearing. Absent a timely objection, the modified plan becomes the plan under 11 U.S.C. § 1329(b)(2) and Fed. R. Bankr. P. 2002 (a)(5). (g) Confirmation of Plan and Granting of Related Motions Without a Hearing. After the time for filing objections has passed and if no objection has been timely filed, the Court may enter an order confirming the plan and granting the relief sought in the related motions without holding a hearing, or the Court may direct that a hearing be held. (h) Dismissal of Case upon Denial of Confirmation. If the Court denies confirmation of the debtor’s original or subsequently modified Chapter 13 Plan and Related Motions, unless the Court has entered an order previously confirming a plan, the Court may issue an order dismissing the Chapter 13 case unless, within eleven (11) days after denial of confirmation: (1) the debtor files a new Modified Chapter 13 Plan and Related Motions; (2) the debtor converts or moves to convert the case to another chapter of the Bankruptcy Code; (3) the debtor files a motion for relief from judgment or order, or appeals the denial of confirmation; or (4) the Court otherwise orders. (i) Full Force and Effect. An order previously entered by the Court confirming a Chapter 13 Plan shall remain in full force and effect if a subsequently modified Chapter 13 Plan is denied confirmation by the Court. (j) Completion of Plan. Upon completion of the debtor(s’) confirmed plan (1) that there were no domestic support obligations due to be paid by the debtor; or, (2) that there were domestic support obligations due to be paid by the debtor and those obligations are current; or, (3) that there were domestic support obligations owed by the debtor, that the trustee is unable to determine if they are current and the debtor has not applied for a waiver under this statute; and, (4) If the trustee is unable to determine if these obligations are current, the Court shall issue a Notice of Intent to Close the Case Without a Discharge unless, within ten (10) days, the debtor files documentation with the Chapter 13 standing trustee that all domestic obligations are current and the Chapter 13 trustee so notifies the Court. A Chapter 11 trustee must file a report, within sixty (60) days of appointment, or such other date as the court may direct, addressing: (a) whether a plan can reasonably be formulated, and if not, the reasons why the trustee believes a plan cannot be formulated; or
RULE 3016-2: Modificatin or Amendments to Filed Disclosure Statement and/or Plan Top Any amendments to a Chapter 11 plan and/or disclosure statement must be incorporated into the original of those documents. The revised document must be filed with the court in its entirety identified as the “First, Second, (etc.) Amended Disclosure Statement and/or Plan.” All amendments must be highlighted by underlining, bold type, or other conspicuous means, to identify the amendment to the originally filed document. The proponent must serve the document(s) on the United States Trustee and on any other party who requests a copy. RULE 3018-2: Chapter 11 confirmation - Requirements under 11 U.S.C § 1129 Top (a) Requirements. For the court to confirm a plan under Chapter 11, the proponent of a plan must file with the court the ‘Statement under 11 U.S.C. § 1129' which must substantially conform with LBF D. (1) At least seven (7) working days prior to the hearing on confirmation the plan proponent must file a statement regarding the requirements of 1129(a) and the list of outstanding pre-petition tax claims, other priority claims and expenses of administration; and (2) At least seven (7) working days before the hearing on confirmation, the plan proponent must file the list of acceptances and rejections, and the computation of acceptances and rejections. If a case has more than one hundred (100) potential voting parties, the proponent shall contact the Clerk’s office regarding the time frame for filing the above mentioned items. (b) Proof of Service. The plan proponent shall file the 1129 Statement with the Clerk’s office and serve notice of such filing along with a copy of the 1129 statement that shows the date of filing upon the United States Trustee and all parties who have filed objections to confirmation, at least five (5) business days prior to the hearing on confirmation. RULE 3019-1: Amendments to Chapter 11 Plans After Acceptance But Prior to Confirmation Top If a plan proponent seeks to amend a Chapter 11 plan after creditors acceptance but prior to confirmation, it must comply with LBR 3016-2. RULE 3022-1: Final Report/Decree -Chapter 11 Top (a) Filing of Application for Final Decree. A plan proponent in a Chapter 11 case has the continuing post-confirmation duty of preparing and prosecuting the application for a final decree closing the case. The application must be filed within 120 days of the confirmation of the plan, unless otherwise specified in the order of confirmation. If the application is not filed within the afore-specified time period, the plan proponent must comply with LBR 2015-2(b). At the time of confirmation, the compensation allowed to the attorney for the plan proponent includes compensation for time estimated to be required for performance of these duties. If the attorney fails to perform these duties in a timely manner, the court may order the refund of a portion of the fees so allowed. The case is deemed fully administered at the point of substantial consummation of the plan. (b) Form of Application for Final Decree. The application for a final decree closing a Chapter 11 case must contain, at a minimum, the following statements: (1) that the plan of reorganization has been substantially consummated in accordance with the plan, the order of confirmation, and any orders of the court subsequent to confirmation; (2) that the debtor or trustee has paid all administrative expenses – including court-authorized professional compensation and costs – unless otherwise agreed in writing by the parties or unless otherwise provided for in the confirmed plan, as evidenced by an attached “Exhibit A” listing the names, addresses, and amounts paid to each of the recipients; (3) that the debtor or trustee has commenced making the distributions prescribed by the plan, as evidenced by an attached “Exhibit B,” listing the names, addresses, and amounts paid to each of the recipients; (4) that all remaining distributions prescribed by the plan will be made in accordance thereto, as evidenced by an attached “Exhibit C,” containing the names, addresses, and amounts to be paid to each of the recipients; and (5) if applicable, that distributions have not been made to recipients set forth in an attached “Exhibit D,” listing the names, addresses, and amounts tendered but returned, and the reasons why payments have not been made, despite reasonable attempts. (c) Objections to Application for Final Decree. Any party in interest, including the United States Trustee, may object to any application for a final decree. (d) Statistical Report. Together with the application for final decree, the debtor or trustee must file a completed Bankruptcy Closing Report, LBF E as required by the Administrative Office of the United States Courts. The figures set forth in this report must correspond with the figures set forth in the Application for Final Decree. RULE 3070-1: Chapter 13 - Payments Top (a) Filing Fees Payable to Clerk. The trustee shall pay all filing fees due the Clerk out of estate funds before returning any funds to the debtor. If pending dismissal, the funds on hand are not sufficient to pay all administrative expenses, the trustee shall pay to the Clerk the pro rata portion of the fees due. (b) Debtor’s Failure to Commence Payments in Chapter 13 Case. Each Chapter 13 debtor shall commence payments proposed by the plan within thirty (30) days after the plan is filed unless the court has set some different time. If payments are not received as required, the trustee shall file a motion to dismiss or convert. (c) Service. Service of the motion to dismiss or convert shall be limited to the debtor, debtor’s attorney, the United States Trustee and all parties in interest who have filed a notice of appearance in the case. RULE 4001-1: Relief from Automatic Stay Top (a) Motion. A party seeking relief from the automatic stay provided by 11 U.S.C. § 362(a) must file a motion in accordance with Fed. R. Bankr. P. 9014, specifically setting forth the basis for the relief requested. Relief is limited to termination, modification or conditioning of the automatic stay. A motion for relief from stay must not be combined with a request for any other type of relief unless so authorized by the court, except that the movant may request adequate protection as alternative relief. (b) Affidavit of Military Service Required. At the time of the filing of a motion for relief from stay in accordance with Fed. R. Bankr. P. 4001, and motions for relief from co-debtor stay in accordance with Fed. R. Bankr. P. 9014, movant must file an affidavit with the court which (a) states whether or not the respondent is in military service and shows necessary facts to support the affidavit, or (b) if movant is unable to determine whether or not the respondent is in military service, states that movant is unable to so determine. The court will not enter any default orders lifting the stay if a movant does not supply the required affidavit of military service. If the court is unable to ascertain a respondent’s military status from the presented affidavit, it may require movant to file a bond before entering any default order lifting the stay. (1) the debtor; (2) debtor’s counsel; (3) the trustee, if one has been appointed; (4) any committee elected pursuant to § 705 or appointed pursuant to § 1102; (5) all parties with liens of record, or any other party known to the movant claiming an interest in the property; (6) parties requesting notice; and (7) The United States Trustee in a Chapter 11 case. (d) Relief from Stay of Act Against Property. If movant seeks relief with respect to a stay of an act against property under 11 U.S.C. § 362(d)(1) or (d)(2), the motion must be accompanied by the following supporting documents: (1) true copies of all notes, bonds, mortgages, security agreements, financing statements, assignments, and any other document on which the movant will rely at the hearing; (2) a report of any appraiser whose testimony is to be presented at the hearing; (3) a statement of amount due, including a breakdown in the following categories: (A) unpaid principal; (B) accrued interest, from and to a specific date; (C) late charges, from and to a specific date; (D) attorney’s fees; (E) advances for taxes, insurance, and like concepts; (F) unearned interest; (G) any other charges; and (H) a per diem interest factor. (e) Response. Respondent must file an answer to the motion for relief from stay within eleven (11) days after service of the notice prescribed in subsection (c) of this LBR. The court may enter the order lifting stay for the moving party and take the matter off the court’s calendar if respondent does not file a timely answer, provided that movant has filed the certificate of service prescribed in subsection (c) of this LBR. (f) Hearing. The notice prescribed in subsection (c) of this LBR must set forth a specific date for the preliminary hearing on the motion for relief from stay. A hearing will be held on the date indicated in the notice if movant has timely filed the certificate of service and respondent has filed a timely response. (g) Supporting Documents – Respondent. At least three (3) days prior to the hearing, respondent must file with the court and serve upon movant – or his attorney if so represented – a report of any appraiser whose testimony is to be presented at the hearing, as well as a copy of any other document to be used at the hearing. (h) Attorney Conference – Contested Motions. If the motion for relief from stay is contested, counsel for the parties must confer with respect to the issues raised in the motion, in order to determine whether a consent order may be entered and/or to stipulate to relevant facts about the value of the property and to the extent and validity of any security agreement. (i) Relief from Co-debtor Stay in Chapter 13 Cases. A motion for relief from a stay of action against a codebtor in a Chapter 13 case is a contested matter and is governed by Fed. R. Bankr. P. 9014, 11 U.S.C. § 1301 and these LBRs. The motion shall clearly state in the caption of the motion the subsection of 11 U.S.C. § 1301 under which the party is proceeding. RULE 4001-2: Use of Cash Collateral and Obtaining Credit Top (a) Contents of Motion. A motion for use of cash collateral or for authority to obtain credit, or a stipulation relating to the same, must set forth the following: (1) the total dollar amount of the request; (2) the specific uses to which the funds will be put; (3) the debtor’s proposed budget for the use of the funds; (4) the amount of debt owed to any creditor claiming an interest in the collateral; (5) the value of the collateral that secures the creditor’s asserted interest; (6) any proposal for providing adequate protection; and, (7) carve-outs for United States Trustee and professional fees. (b) Service. A motion for use of cash collateral or for authority to obtain credit, or a stipulation relating to the same, must be served upon the following parties: (1) all creditors asserting an interest in the cash collateral, and, if known, their attorneys; (2) any taxing authority having a claim against the debtor; (3) the debtor’s twenty (20) largest unsecured creditors; (4) any official committee appointed and serving in the case under 11 U.S.C. § 1102; (5) the United States Trustee; and (6) any party that has requested service of all pleadings and notices in the case. (c) Emergency Motion Requirements. If a debtor files an emergency ex-parte application for an order allowing the interim use of cash collateral, it must present by affidavit the following information: (1) the names and addresses of all creditors holding a secured interest in the cash collateral, and – if known – their attorneys; (2) the efforts made to contact those secured creditors and any appointed committee or – if no committee has been appointed – the twenty (20) largest unsecured creditors, regarding the application for the use of cash collateral; (3) the nature of the emergency that requires an ex-parte order; (4) the total dollar amount requested to be authorized; and (5) a description of the adequate protection that will be provided to the secured creditors.
Certificate of Intent to Cure Default & Rent Deposit. Certificates of Intent to RULE 4001-5: Continuation and Imposition of the Automatic Stay Top (a) Content of Motion. Any motion filed by a party in interest pursuant to § 362(c)(3)(B) or § 362(c)(4)(B) shall contain all of the following: (1) Case Information. Identify the prior case filed by the debtor within the preceding year and its disposition and shall also state whether: (A) the later filed case is a Chapter 11 or 13 case that is being refiled after dismissal under 11 U.S.C. § 707(b); (B) if any motion for relief from the stay was pending; and/or, (C) if any motion had been resolved by terminating, conditioning, or limiting the stay, in the prior case at the time of dismissal. (2) Extent of Stay. Explain the extent to which the party in interest wishes the automatic stay to be continued, including the length of the proposed continuation and the parties affected (i.e. all creditors or only particular creditors). (3) Grounds for Relief. Indicate the grounds for the relief requested. (b) Time for Filing. For a continuation of the automatic stay, the motion should be filed as a separate document at the time of the filing of the petition, or three (3) days thereafter in order to allow sufficient time for a hearing on notice, before the thirtieth (30th) day after the filing of the case. For an imposition of the automatic stay, the motion should be filed within thirty (30) days from filing the petition. (c) Notice. Service of the motion for continuation or imposition of the automatic stay shall be made to all creditors and parties in interest within three (3) days from the filing of the motion. A certificate of service must be filed within five (5) days. If the certificate is not timely filed, the court may deny the motion for failure to provide notice. The motion shall allow eleven (11) days from service to file an answer, informing that if no timely objections are filed, an order may be entered granting the relief requested in the motion and continuing the automatic stay, or for an imposition motion the court may order the stay to take effect as requested. (d) Hearing on the Motion. Immediately after the motion for continuation of the automatic stay is filed, the Clerk shall schedule a hearing to be held within thirty (30) days from the filing of the petition. The hearing may be vacated, if no answer is filed in the eleven (11) days provided to the parties. If a motion for imposition of the automatic stay is properly noticed and an opposition is filed, the Clerk shall schedule a hearing and give immediate notice to any and all creditors and parties in interest. RULE 4002-1: Duties for Debtor Top In addition to any other duties imposed upon the debtor or its counsel under the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, these LBRs, or any other applicable law, the debtor has the following duties: (a) Fiduciaries. Debtor and debtor’s officers and agents – if any – must hold and manage debtor’s assets as fiduciaries for the estate in strict compliance with orders of the court and 11 U.S.C. §§ 363 and 1108. (b) Significant Depletion. Debtor must take all reasonably necessary steps to prevent any significant depletion of the assets of the estate during the pendency of the case and must immediately advise the court of any significant depletion or anticipated depletion of the assets of the estate. (c) Best Interest of Creditors. If – at any time during the pendency of the case – the debtor becomes aware of facts which indicate that the continued operation of its business is not in the best interest of the creditors or the estate, the debtor and/or counsel must immediately advise the court. (d) Persons to Act When Debtor is not a Natural Person. The natural persons occupying the following positions shall perform all acts required to be performed by the debtor and shall attend on behalf of the debtor any examinations, meetings or hearings unless the court orders otherwise. (2) If the debtor is a partnership, each of the general partners. (3) If any corporate or partnership debtor deems the persons designated above inappropriate, a motion shall be made consistent with LBR 9013-1 for relief from this rule and for the designation of some other or additional natural person or persons. (4) No later than fifteen (15) days after entry of the order for relief, the natural person or persons who will perform acts, required to be performed by the debtor, shall be identified by name, title, and address. RULE 4002-3: Federal Tax Returns Top (a) Request for Copy of Debtor’s Post Tax Information. Parties in interest who require the Debtor to file tax information with the Court must file a Request for Debtor to File Post Petition Tax Information using either LBF G.1 or G.2 as applicable. The request must include a statement qualifying the movant as a party in interest, and must be served on the debtor, debtor’s attorney, trustee and United States Trustee. (b) Motion for Access to Tax Information. Pursuant to 11 U.S.C. § 521(g)(2), parties in interest who wish to inspect and copy Debtor’s tax returns must file a Motion for Access to Tax Information using either LBF H.1 or H.2 as applicable. The motion must include a statement qualifying the movant as a party in interest, the reason the information cannot be obtained from any other source, and the method by which the movant will access the information. The motion must be served on the debtor, debtor’s attorney, trustee and United States Trustee. (c) Personal Data Identifiers. Pursuant to LBR 5005-1, the debtor is solely responsible for redacting personal identifiers from tax information filed with the Court. Tax information filed with the Court will be subject to restricted access unless the Court orders otherwise. (d) Confidentiality Regarding Tax Information. The movant is advised that the tax information obtained is confidential and secondary dissemination of the information to parties other than the movant’s attorney is prohibited. The movant’s attorney is identically restricted. (e) Pre-Petition Tax Information. Pre-petition tax information should not be filed with the Court, but should be forwarded directly to the trustee pursuant to 11 U.S.C. § 521(e)(2)(A). RULE 4003-2: Lien Avoidance of Exempt Property Top (a) Contents Required. Any motion to avoid a lien pursuant to 11 U.S.C. § 522(f) must include the following: (1) the claimed value of the property with respect to which relief is requested; (2) the name, address, and telephone number of each lienholder, and, if known, lienholder’s attorney, listed in their order of priority; and (3) the amount of each lienholder’s claim. (b) Service. A party who files a motion to avoid a lien must serve via certified mail a copy of the motion upon the case trustee, the United States Trustee, each lienholder, and, if known, the lienholders’ attorneys. The moving party must file with the court a certificate of service in accordance with LBR 9013-3. (c) Notice. Motions to avoid a lien under 11 U.S.C. § 522(f) must include the following notice: NOTICE OF MOTION TO AVOID LIEN Within twenty (20) days after service as evidenced by the certification, any party against whom this motion to avoid lien under 11 U.S.C. § 522(f) has been served, must file an objection or other appropriate response thereto with the Clerk’s office of the United States Bankruptcy Court for the District of Puerto Rico. If no objection or other response is filed within the time allowed herein, the motion will be deemed unopposed and may be granted unless: (1) the requested relief is forbidden by law; (2) the requested relief is against public policy; or (3) in the opinion of the court, the interest of justice requires otherwise. RULE 4008-1: Reaffirmation Agreements Top (a) Compliance with Statute. A reaffirmation agreement filed with the court must comply with 11 U.S.C. § 524(c) and (d), Fed. R. Bankr. P. 4008, and this LBR. If it does not so comply, it is invalid and unenforceable. (b) Hearing. Fed. R. Bankr. P. 9011 applies to an attorney’s declaration under 11 U.S.C.§ 524(d). If a reaffirmation agreement does not contain an attorney declaration pursuant to§ 524(d), the court will hold a hearing on approval of reaffirmation agreement. The court may sua sponte schedule a hearing on approval of reaffirmation agreement. (c) Form. All reaffirmation agreements filed with the court must use AO Form B240. RULE 5001-1: Court Administration Top The courtrooms of the United States Bankruptcy Court are solely for trials, hearings, and other court business. The courtrooms will not be utilized for any other purpose unless approved by one of the Bankruptcy Judges. RULE 5001-2: Clerk's Office - Location/Hours Top (a) Filing Hours. The Clerk’s office will accept filings made by conventional means Monday through Friday between the hours of 8:00 A.M. and 4:00 P.M. (b) Drop Box Facilities. Documents may be filed in the drop box located at the front entrance of the U.S. Post Office and Courthouse Building, 300 Recinto Sur, Old San Juan, Puerto Rico, and any other location authorized by the Court. Documents placed in the box during building hours will be filed and stamped with that day’s date. Access to the drop box is during normal building hours, Monday through Friday, except on official holidays. (1) Drop Box Filing Procedures. The following procedures are applicable to the filing of documents in the drop box of the Bankruptcy court: (A) The drop box is for the exclusive use of the U.S. Bankruptcy Court; (B) Any type of document may be filed in the drop box, except for emergency matters (such as temporary restraining orders), adversary proceedings, new petitions, motions under 11 U.S.C. § 362, and/or documents in cases set for hearing within the following three (3) business days, which must be taken directly to the Clerk’s office for filing. (C) All documents must be date/time stamped and placed in an envelope before depositing; (D) The payment of filing fees for documents filed in the drop box must be made by check or money order payable to “Clerk, U.S. Bankruptcy Court,” subject to the terms specified in LBR 5079-1. Cash may not be deposited in the drop box. (c) Special Filings. Any party needing to file documents with the Clerk outside of the regular filing hours indicated above must make advance arrangements for the late filing with the Clerk or the chief deputy Clerk. (d) Clerk’s Mailing Address & Telephone. Any document mailed to the Clerk’s office shall be sent to the following address: United States Bankruptcy Court for the District of Puerto Rico The Clerk and the employees of the Clerk’s office desire to be of help to litigants and attorneys. However, interpreting the rules of procedure and giving legal advice are not permitted functions. Notice is hereby given to litigants and attorneys that the Clerk and the Clerk’s employees are not responsible for information respecting rules or law. (a) Request for Search of Court Records. A search of the court records and/or a certification of information in the official record will be made only upon written request and upon prior payment of the applicable search fee. See Bankruptcy Court Miscellaneous Fee Schedule, issued in accordance with 28 U.S.C. § 1930(b). (b) Court Papers, Review and Removal Of. (1) Public Access. A person may review at the Clerk’s office, filings that have not been sealed by the court. A person may also access the Electronic Filing System at the court’s Internet site http://pacer.prb.uscourts.gov by obtaining a PACER log-in and password. A person who has PACER access may retrieve docket sheets and documents. (2) Hours for Public Access. The public will have electronic access in the Clerk’s office for viewing documents and docket entries in the System during regular business hours, Monday through Friday. (3) Review Procedures. Court files and other public records may be reviewed by the public during the official business hours of the Clerk’s office. Any person that requests to review a physical file must record in the Clerk’s office their name, telephone number, case number(s) of the file(s) reviewed, and the date and time that the files were taken out and returned. Review of files is limited to the Examination Room of the Clerk’s office and all files must be returned in their original condition. Files may be photocopied upon request to the Clerk’s office. Failure to abide by this LBR may result in the suspension of the privilege to review files. (4) Removal Not Allowed. Court files may not be removed from the Clerk’s office for any reason without prior court authorization.
(a) Discovery Materials Must Not Be Filed. Discovery material – including notices of deposition, transcripts of depositions, interrogatories, answers to interrogatories, requests for production or inspection, and responses to those requests – should not be filed with the court. If any discovery material is needed in connection with a pretrial matter, the relevant portions thereof should be submitted to the court as an exhibit to a motion or response thereto. Any discovery material needed at trial should be introduced as provided in the Federal Rules of Civil Procedure, the Federal Rules of Evidence, and the Federal Rules of Bankruptcy Procedure. (b) Judicial Conference Policy Regarding Public Access to Electronic Case Files. In compliance with the policy of the Judicial Conference of the United States, and the E-Government Act of 2002, and in order to promote electronic access to case files while also promoting personal privacy and other legitimate interests, parties shall refrain from including, or shall partially redact where inclusion is necessary, the following personal data identifiers from all documents and pleadings filed with the court, including exhibits thereto, whether filed electronically or in paper, unless otherwise ordered by the court or required by statute, the Federal Rules of Bankruptcy Procedure or the Official Bankruptcy Forms. (2) Names of Minor Children. If the involvement of a minor child must be mentioned, only the initials of that child should be used. On schedule I of Official Bankruptcy Form 6, list relationship and age of the debtor’s dependents (e.g., son, age 6). (3) Dates of Birth. If an individual’s date of birth must be included in a pleading, only the year should be used. On schedule I of Official Bankruptcy Form 6, list the age of each of the debtor’s dependents. (4) Financial Account Numbers. If financial account numbers are relevant, only the last four digits of these numbers should be used. On schedules D, E, and F of Official Bankruptcy Form 6, debtors, if they chose, may include their full account numbers to assist the trustee and creditors. RULE 5005-2: Virtual Documents Top The Clerk of the Bankruptcy court is authorized to designate specific types of pre-approved docket entries that, upon execution, will constitute the official record without reference to any other documentation.
(b) Waiver of Notice and Service. Registration with the Court as a filing user of the CM/ECF system will constitute: (1) waiver of the right to receive notice by first class or certified mail and consent to receive notice electronically; and (2) waiver of the right to service by personal service, first class or certified mail and consent to electronic service, except with regard to service of a summons and complaint under Fed. R. Bankr. P. 7004. Waiver of service and notice by first class or certified mail applies to notice of the entry of an order or judgment under Fed. R. Bankr. P. 9022. (2) Pro se debtors’ petitions, lists, schedules, statements, amendments, pleadings, affidavits, and other documents which contain the signature of a pro se debtor. (e) Clerk’s Authority. The Clerk may accept for filing documents submitted, signed, verified, or served by electronic means that are consistent with the technical standards, if any, that the Judicial Conference of the United States establishes, and that comply with the administrative procedures established by the Bankruptcy Court. The electronic filing procedures may be updated by this court as needed. The Clerk is authorized to alter these procedures from time to time as circumstances require. RULE 5010-1: Reopening Cases- Notice and Service Top A motion to reopen a case shall give twenty (20) days notice to all parties in interest. The motion shall be served upon the United States Trustee, the previously appointed trustee and any party being added, if any, as a creditor or party in interest in the case. The motion shall be accompanied by the appropriate fee to reopen the case and a certificate of service (See LBR 1006-3). RULE 5011-1: Withdrawal of Reference Top (a) Filing of motion. A motion for withdrawal of reference must be filed with the Clerk of the Bankruptcy Court, must indicate that the filer seeks relief from the United States District Court, and must contain the required response time language specified in LBR 9013-1(h). The motion must be accompanied by a properly completed United States District Court cover sheet, the prescribed filing fee, and a certificate of |