LOCAL RULES (3018, 3020 and 4001) - Return to Index

RULE 3018: CHAPTER 11 CONFIRMATION - REQUIREMENTS UNDER SECTION 1129

For the Court to confirm a Plan under Chapter 11, the debtor or proponent of a plan must file with the Court:

a. At least 7 days prior to the confirmation hearing:

1. Statement regarding requirements of 1129 (a)
2. List of outstanding pre-petition tax claims, other priority claims and expenses of administration.

b. At least two working days before the hearing on confirmation:

1. List of Acceptances and Rejections
2. Computation of Acceptances and Rejections
3. If a case has more than 200 potential voting parties, contact the Bankruptcy Court Clerk regarding time for filing the above two items.

c. Final Report and Request for Final Decree

Upon consummation or substantial consummation of the plan, a final report and application for final decree must be filed by the debtor and notified to all parties in interest. It must show all payments to creditors, interests holders, expenses of administration, and issuance of stock under the plan; state that the plan is fully or substantially consummated; and request final decree. The final report must contain all figures necessary for the Clerk's completion of the statistical report, Exhibit 7 to Appendix A.

RULE 3020 DEPOSIT OF FUNDS FOR PRE-PETITION TAX CLAIMS/PRIORITY CLAIMS/EXPENSES OF ADMINISTRATION AND CASH PAYMENTS TO OTHER CREDITORS

a. Any amounts payable upon confirmation of administrative expense, involuntary gap expenses, priority claims, prepetition tax claims, and cash payments to classes of creditors, are to be deposited in a separate bank account.

b. All checks written on the account must state the debtor's name, case number, check number, date, payee, and contain the statement: "Void if not cashed within 90 days of issuance" (or such other time as shall be set in the confirmation order.)

c. When the checks remain uncashed after the stated time, a report of unclaimed dividends shall be filed with the Court and a check for the unclaimed amount shall be drawn payable to the debtor or the entity acquiring the assets of the debtor. (Sec. 347(b)).

d. All checks issued on the "deposit account", even if voided, and all bank statements must be filed with the Court when the account is closed. These shall be submitted within thirty days after the account is closed and must be received before the final decree is signed.

RULE 4001: RELIEF FROM AUTOMATIC STAY

(a) Relief from Stay of Act Against Property

1. Every motion requesting relief of an act against property shall conform with the requirements of Local Rule 9013. In addition, the motion shall state conspicuously that relief from the stay of an act against property is being sought.

The caption of the motion for Relief of Stay shall basically conform with Local Form No. 7.

2. No motion for relief from stay shall be combined with a request for any other type of relief unless so authorized by the Court.

3. All motions and notices under these rules shall be served upon the debtor, and if represented by an attorney, the debtor's attorney of record; and the trustee if one has been appointed.

4. Service of the motion and of a notice to substantially conform with Local Form No. 8 shall be made within three days after the issuance of the notice.

5. The respondent shall file an answer within eleven (11) days after service of the notice.

6. The specific date for the preliminary hearing shall be set forth in the notice.

7. Together with any motion requesting relief from the automatic stay movant shall file with the Court the following supporting exhibits and documents:

a) True copies of all notes, bonds, mortgages, security agreements, financing statements, assignments and any other document upon which the movant will rely at the hearing.

b) A detailed report of any appraiser whose testimony is to be presented at the hearing. Said detailed report shall include the qualifications of the appraiser, the factual basis for the appraisal, including comparable sales if utilized and the method of appraisal.

c) A statement of amount due including a breakdown of the following categories:

1. Unpaid principal.
2. Accrued interest from a specific date to a specific date.
3. Late charges from a specific date to a specific date.
4. Attorney's fees.
5. Advances for taxes, insurance and the like.
6. Unearned interest.
7. Any other charges
8. A per diem interest factor

8. Three days prior to the preliminary hearing the Respondent shall file with the Court and deliver to Movant or his attorney if so represented a detailed report of any appraiser whose testimony is to be presented at the hearing. Said detailed report shall include the qualifications of the appraiser, the factual basis for the appraisal, including comparable sales if utilized and the method of appraisal. In addition he shall also file copy of any other document that he intends to use at the hearing.

9. If the motion is contested, the attorneys for the parties shall confer with respect to the issues raised by the motion in advance of hearing for the purpose of determining whether a consent order may be entered and/or the purpose of stipulating to relevant facts as the value of the property, and to the extent and validity of any security instrument.

b) Relief from Stay of Other Acts

1. All motions requesting relief from the stay of other acts specified in 11 U.S.C. 362 (a) shall conform with the requirements of Local Bankruptcy Rule 9013.
2. No motion for relief from stay shall be combined with a request for any other type of relief unless so authorized by the Court.
3. The caption of the motion for relief from stay of other acts shall basically conform with Local Form No. 7.
4. A party in interest who files a Request for Hearing shall obtain from appropriate Court personnel a date for such hearing, and shall serve within 10 days all other parties in interest.
5. Ten (10) days prior to the hearing, respondent shall answer the motion and serve a copy to movant. Any allegations in the motion which are not controverted shall be deemed to be admitted.
6. If no hearing on such motion is timely requested, the motion shall be deemed unopposed, and order granting relief may be entered.

c. Relief from the Codebtor Stay

1. All summons under 11 U.S.C. 1201 (c) (2) or under 11 U.S.C. §1301 (c) (2) shall conform with Local Form No. 9.