LOCAL RULES (6006, 7001, and 7010) - Return to Index


RULE 6007 ABANDONMENT

(a) Any notice filed by a trustee or a debtor in possession of intent to abandon property shall describe the property fully, indicating its value, the liens encumbering the same and why abandonment is proper.

(b) A motion to abandon property, whenever appropriate, shall include an independent opinion of value, a current certificate of balance of debt and evidence of perfection of lien.


RULE 7001 APPLICABILITY TO ADVERSARY PROCEEDING OF CHAPTER 300 OF THE LOCAL RULES OF THE UNITED STATES DISTRICT COURT

a. The following Local Rules of the United States District Court apply to adversary proceedings before the United States Bankruptcy Court:

311; 312.1; 313.1(A); 313.1(B); 315, 324.2; 331.2; and 332.

b. The following Local Rules of the United States District Court apply to adversary proceedings before the United States Bankruptcy Court as herein amended:

  1. Rule 311.5 is amended to provide that the time to file a response is eleven (11) days.
  2. Rule 311.9 is amended to provide that response to a motion must be made within eleven (11) days.
  3. Rule 311.10 is amended to provide that "The Movant or any other party as ordered by the Court shall give at least five (5) days notice of the date of the hearing on any motion; provided that the Court may, at its discretion advance the date of hearing and shorten the notice period herein specified."
  4. Rule 311.1 is amended to provide that: "Within ten (10) days after notice of entry of judgment allowing costs, etc."
  5. Rule 331.3 is amended to provide in the last sentence that: "Costs shall be taxed as provided in Rule 7054(b) of the Bankruptcy Rules."

c. The following Local Rules of the United States District Court do not apply to adversary proceedings before the United States Bankruptcy Court:

301 (See Local Bankruptcy Rule 7010); 302; 303;304; 312.2; 313.1(C); 313.1(D); 313.2; 313.3; 314; 324.3 (See Local Bankruptcy Rule 7090) and 333.

d. The following Local Rules of the United States District Court may apply to adversary proceedings before the United States Bankruptcy Court in the event that competent authority decides that a jury trial is to be held: 321; 322; 323; and 324.1.


RULE 7010 FILING REQUIREMENTS - ADVERSARY PROCEEDINGS

The following documents shall be submitted when filing an adversary proceeding:

a. An original of the Complaint and any other pleadings;

b. Signature on the original;

c. The required filing fee;

d. Summons (Form BC-116);

e. Bankruptcy Cover Sheet (Form BC-104).


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