LOCAL RULES (5005, 5010, and 6004) - Return to Index

RULE 5005 FILING OF PAPERS

Filing of documents in the United States Bankruptcy Court will be handled by the Clerk's Office from 8:30 to 12:00 a.m. and 1:00 to 5:00 p.m., Atlantic Standard Time, on any day the Court is open for business. Filings of original case petitions or applications for temporary restraining orders after business hours will be arranged by appointment with the Clerk.

RULE 5010 REOPENING OF CASES

A motion to reopen a case requires twenty (20) days notice to all parties in interest and shall be filed with the Clerk and served upon the United States Trustee, the previously appointed trustee, and any party in interest in the case. The motion shall be accompanied by a notice containing the hearing date as obtained from the Court and a certification of notice. Said motion shall state that any objections to the reopening of the case must be filed within five (5) working days prior to the hearing. If the motion to reopen the case is granted, the prescribed filing fee must be paid unless the filing fee is waived by the Court.

RULE 6004 NOTICES OF SALE

Notices of sale of property shall include:

A. Chattels:

1. Description of the property to be sold
2. Amount of liens on property
3. Place, day and time when the sale is to be held
4. Name and address of party holding the lien

B. Real Property:

1. Statement that the record of the case and all the documents pertaining to the procedure filed shall be available in the Office of the clerk of the court during working hours.
2. Specify the amount of each encumbrance, the name or names with addresses of their holders and their maturity date or dates, as they appear in the Registry Certification.
3. The minimum auction price
4. The day, hour and location where auction or sale shall take place.

In all cases, and unless otherwise ordered by the Court, the highest bidder shall pay 100% of the purchase price in cash, certified check or manager's check at the time of the sale. Should the Court order the highest bidder to pay a deposit instead of the full amount at the time of sale, the notice of sale shall also state the percentage amount of the highest bid to be deposited and the period of time to be given to the highest bidder in which to pay the balance due. It shall also state that should the highest bidder not pay the balance due within the time prescribed by the Court or extension thereof, the amount so deposited may be forfeited for the benefit of the estate.

This notice shall be sent to creditors pursuant to Bankruptcy Rule 2002 and to all lien holders.