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Local Rules

LOCAL BANKRUPTCY RULES
Effective April 15, 1997

Note: Please refer to current general and standing orders and administrative procedures to ensure up to date information.

 

TABLE OF CONTENTS

 

Part I. Commencement of Case; Proceedings Relating to Petition and Order for Relief

L.B.R. 1001.1 Scope of Rules; Short Title.
L.B.R. 1006.1 Fees - Installment Payments.
L.B.R. 1007.1 Lists, Schedules & Statements.
L.B.R. 1007.2 Mailing - List or Matrix.
L.B.R. 1009.1 Amendments to Lists and Schedules.
L.B.R. 1010.1 Petition -Involuntary.
L.B.R. 1015.1 Joint Administration

Bankruptcy Terminology

joint administration: A court-approved mechanism under which two or more cases can be administered together. (Assuming no conflicts of interest, these separate businesses or individuals can pool their resources, hire the same professionals, etc.) /Consolidation.
L.B.R. 1017.2 Dismissal or Suspension - Case or Proceedings.
L.B.R. 1019.1 Conversion - Procedure Following.

Part II. Officers and Administration; Notices; Meetings; Examinations; Elections

L.B.R. 2002.1 Notice to Creditors & Other Interested Parties.
L.B.R. 2003.1 Meeting of Creditors & Equity

Bankruptcy Terminology

equity: The value of a debtor's interest in property that remains after liens and other creditors' interests are considered. (Example: If a house valued at $60,000 is subject to a $30,000 mortgage, there is $30,000 of equity.) Security Holders.
L.B.R. 2004.1 Depositions and Examinations.
L.B.R. 2015.4 Trustees - Chapter 12

Bankruptcy Terminology

chapter 12: The chapter of the Bankruptcy Code providing for adjustment of debts of a "family farmer," as that term is defined in the Code. .
L.B.R. 2015.5 Trustees - Chapter 13

Bankruptcy Terminology

chapter 13: The chapter of the Bankruptcy Code providing for adjustment of debts of an individual with regular income. (Chapter 13 allows a debtor to keep property and pay debts over time, usually three to five years.).
L.B.R. 2016.1 Compensation of Professionals.
L.B.R. 2082.1 Chapter 12

Bankruptcy Terminology

chapter 12: The chapter of the Bankruptcy Code providing for adjustment of debts of a "family farmer," as that term is defined in the Code. - General.

Part III. Claims and Distribution to Creditors and Equity

Bankruptcy Terminology

equity: The value of a debtor's interest in property that remains after liens and other creditors' interests are considered. (Example: If a house valued at $60,000 is subject to a $30,000 mortgage, there is $30,000 of equity.) Interest Holders; Plans

L.B.R. 3002.1 Filing Proof of Claims or Interest.
L.B.R. 3015.3 Chapter 13

Bankruptcy Terminology

chapter 13: The chapter of the Bankruptcy Code providing for adjustment of debts of an individual with regular income. (Chapter 13 allows a debtor to keep property and pay debts over time, usually three to five years.) - Confirmation.
L.B.R. 3016.1 Chapter 11

Bankruptcy Terminology

chapter 11: A reorganization bankruptcy, usually involving a corporation or partnership. (A chapter 11 debtor usually proposes a plan of reorganization to keep its business alive and pay creditors over time. People in business or individuals can also seek relief in chapter 11.) - Plan.
L.B.R. 3017.1 Disclosure Statement

Bankruptcy Terminology

disclosure statement: A written document prepared by the chapter 11 debtor or other plan proponent that is designed to provide "adequate information" to creditors to enable them to evaluate the chapter 11 plan of reorganization. - Approval.
L.B.R. 3018.2 Acceptance/Rejection of Plans.
L.B.R. 3020.1 Chapter 11

Bankruptcy Terminology

chapter 11: A reorganization bankruptcy, usually involving a corporation or partnership. (A chapter 11 debtor usually proposes a plan of reorganization to keep its business alive and pay creditors over time. People in business or individuals can also seek relief in chapter 11.) - Confirmation.

Part IV. The Debtor

Bankruptcy Terminology

debtor: A person who has filed a petition for relief under the bankruptcy laws. : Duties and Benefits

L.B.R. 4001.1 Automatic Stay

Bankruptcy Terminology

automatic stay: An injunction that automatically stops lawsuits, foreclosure, garnishments, and all collection activity against the debtor the moment a bankruptcy petition is filed. - Relief From.

Part V. Courts and Clerks

L.B.R. 5001.2 Clerk - Office Location/Hours.
L.B.R. 5003.1 Clerk - General Authority.
L.B.R. 5004.1 Disqualification.
L.B.R. 5005.1 Filing Papers - Requirements.
L.B.R. 5005.2 Filing Papers - Number of Copies.
L.B.R. 5005.3 Filing Papers - Size of Papers.
L.B.R. 5005.4 Electronic Filing and Noticing.
L.B.R. 5011.1 Withdrawal of Reference.
L.B.R. 5072.1 Courtroom Decorum.
L.B.R. 5075.1 Clerk - Delegated Function of.
L.B.R. 5080.1 Fees - General.
L.B.R. 5081.1 Fees - Form of Payment.

Part VI. Collection and Liquidation

Bankruptcy Terminology

liquidation: A sale of a debtor's property with the proceeds to be used for the benefit of creditors. of the Estate

L.B.R. 6004.1 Sale of Estate Property.
L.B.R. 6070.1 Tax Returns & Tax Refunds.

Part VII. Adversary Proceedings

L.B.R. 7001.1 Adversary Proceedings - General.
L.B.R. 7003.1 Cover Sheet.
L.B.R. 7004.2 Summons.
L.B.R. 7007.1 Motion Practice in Adversary Proceedings.
L.B.R. 7016.1 Pre-trial Procedures.
L.B.R. 7026.1 Discovery - General.
L.B.R. 7040.1 Assignment of Adversary Proceedings.
L.B.R. 7042.1 Consolidation of Adversary Proceedings - Separate Trial.
L.B.R. 7056.1 Summary Judgment.
L.B.R. 7065.1 Injunctions.
L.B.R. 7067.1 Registry Fund.

Part VIII. District Court Cases

L.B.R. 8000 Series - District Court Bankruptcy Rules   new window

Bankruptcy Appeal Procedures   new window

Part IX. General Provisions

L.B.R. 9001.1 Definitions.
L.B.R. 9003.1 Ex Parte Contact.
L.B.R. 9007.1 General Authority to Regulate Notices.
L.B.R. 9011.1 Attorneys - Duties.
L.B.R. 9013.1 Motion Practice.
L.B.R. 9014.1 Contested Matters.
L.B.R. 9019.2 Alternative Dispute Resolutions (ADR).
L.B.R. 9029.3 Local Rules - District Court.
L.B.R. 9053.1 Submission of Files to the District Court.
L.B.R. 9059.1 United States Trustee

Bankruptcy Terminology

United States trustee: An officer of the Justice Department responsible for supervising the administration of bankruptcy cases, estates, and trustees, monitoring plans and disclosure statements, monitoring creditors' committees, monitoring fee applications, and performing other statutory duties. Guidelines for Chapter 11 Cases.
L.B.R. 9070.1 Exhibits.

APPENDIX A
UNIFORM REQUIREMENTS ON MOTION PRACTICE IN
ADVERSARY PROCEEDINGS

APPENDIX B
ORDER OF REFERENCE OF BANKRUPTCY CASES AND
PROCEEDINGS NUNC PRO TUNC

APPENDIX C
CLERK'S OFFICE LOCATIONS AND HOURS

APPENDIX D
SCHEDULE OF FEES & INSTRUCTIONS FOR FILINGS AND SERVICES

APPENDIX E
DIVISIONAL LISTING OF COUNTIES

APPENDIX F
VERIFICATION OF MAILING LIST

APPENDIX G
FREQUENTLY USED ADDRESSES OF GOVERNMENTAL AGENCIES
AND STANDING CHAPTER 12

Bankruptcy Terminology

chapter 12: The chapter of the Bankruptcy Code providing for adjustment of debts of a "family farmer," as that term is defined in the Code. AND CHAPTER 13

Bankruptcy Terminology

chapter 13: The chapter of the Bankruptcy Code providing for adjustment of debts of an individual with regular income. (Chapter 13 allows a debtor to keep property and pay debts over time, usually three to five years.) TRUSTEE

Bankruptcy Terminology

trustee: The representative of the bankruptcy estate who exercises statutory powers, principally for the benefit of the unsecured creditors, under the general supervision of the court and the direct supervision of the United States trustee or Bankruptcy Administrator. ADDRESSES

 

Part I. Commencement of Case; Proceedings Relating to Petition and Order for Relief

L.B.R. 1001.1 Scope of Rules; Short Title.

Local Bankruptcy Rules. The Local Bankruptcy Rules govern procedure in the United States Bankruptcy Court for the Northern District of Texas in cases under title 11 of the United States Code. Any citation referencing these rules shall be made as N.D. TX L.B.R. and the number of the pertinent rule. These Local Bankruptcy Rules shall be construed to secure the expeditious and economical administration of every case under the Bankruptcy Code

Bankruptcy Terminology

Bankruptcy Code: The informal name for title 11 of the United States Code (11 U.S.C. 101 - 1330), the federal bankruptcy law. and the just, speedy, and inexpensive determination of every case and proceeding.

L.B.R. 1006.1 Fees - Installment Payments.

(a) Payment of fee in installments.

(1) An application for permission to pay filing fee in installments by an individual shall be filed in duplicate contemporaneously with the debtor

Bankruptcy Terminology

debtor: A person who has filed a petition for relief under the bankruptcy laws. 's petition. An appropriate form is available from the clerk.

(2) When an application to pay filing fee in installments is granted, an initial installment payment shall be paid upon the filing of a petition as follows:

(A) in Chapter 7

Bankruptcy Terminology

chapter 7: The chapter of the Bankruptcy Code providing for "liquidation," i.e., the sale of a debtor's nonexempt property and the distribution of the proceeds to creditors. , 12 and 13 cases, $50.00.

(B) in a Chapter 11

Bankruptcy Terminology

chapter 11: A reorganization bankruptcy, usually involving a corporation or partnership. (A chapter 11 debtor usually proposes a plan of reorganization to keep its business alive and pay creditors over time. People in business or individuals can also seek relief in chapter 11.) case, $100.00.

(3) Any application for permission to pay a filing fee in installments which is presented without the initial installment payment set forth above shall be denied.

(b) Order Form for Payment of Fee Installments. An individual debtor

Bankruptcy Terminology

debtor: A person who has filed a petition for relief under the bankruptcy laws. shall submit a proposed order for payment of filing fees in installments with the application referred to in subsection (a) of this rule. An appropriate form of order is available from the clerk.

L.B.R. 1007.1 Lists, Schedules & Statements.

(a) Extension to File. Any extension of time for the filing of the schedules and statements may be granted only on motion for cause shown and on notice to any committee, trustee, examiner, or other party as the court may direct. Before filing a motion for extension, counsel for the debtor

Bankruptcy Terminology

debtor: A person who has filed a petition for relief under the bankruptcy laws. shall confer with the office of the U.S. trustee, any committee, trustee, examiner or the standing chapter 12

Bankruptcy Terminology

chapter 12: The chapter of the Bankruptcy Code providing for adjustment of debts of a "family farmer," as that term is defined in the Code. or 13 trustee

Bankruptcy Terminology

trustee: The representative of the bankruptcy estate who exercises statutory powers, principally for the benefit of the unsecured creditors, under the general supervision of the court and the direct supervision of the United States trustee or Bankruptcy Administrator. (if applicable) to determine whether or not the requested extension will be opposed. If unopposed, the motion for extension shall be accompanied by a certificate of conference certifying that the motion is unopposed. The debtor

Bankruptcy Terminology

debtor: A person who has filed a petition for relief under the bankruptcy laws. shall request a hearing for contested motions.

(b) Filing Requirement. The schedules and statements provided by this rule shall be in the same number as required for the petition as provided in N.D. TX L.B.R. 5005.2(a).

L.B.R. 1007.2 Mailing - List or Matrix.

(a) Mailing List - All Petitions. A mailing list as prescribed in subsection (a)(1) and (2) of this rule shall be filed contemporaneously with every voluntary petition and within 2 business days of the entry of an order for relief in an involuntary case. Mailing lists filed under subsection (a)(1) below shall be filed with an original and 1 copy in cases under chapter 7

Bankruptcy Terminology

chapter 7: The chapter of the Bankruptcy Code providing for "liquidation," i.e., the sale of a debtor's nonexempt property and the distribution of the proceeds to creditors. or 11; an original and 2 copies in cases under chapter 12

Bankruptcy Terminology

chapter 12: The chapter of the Bankruptcy Code providing for adjustment of debts of a "family farmer," as that term is defined in the Code. or 13. Mailing lists filed under subsection (a)(2) below shall be filed with a printed copy of the list contained in the diskette. The mailing list shall be filed by the debtor

Bankruptcy Terminology

debtor: A person who has filed a petition for relief under the bankruptcy laws. or party responsible for filing the schedules and statements of affairs. Failure to file the mailing list as prescribed in this rule is cause for summary dismissal of the case.(1)

(1) Creditor Mailing List Requirements - Paper Form. The creditor

Bankruptcy Terminology

creditor: A person to whom or business to which the debtor owes money or that claims to be owed money by the debtor. mailing list for bankruptcy petitions must be submitted in the following format:

(A) Typed on blank, unlined, standard white 8 x 11" bond paper using upper and lower case letter quality characters no smaller than 10 point nor greater than 14 point in either Courier, Times-Roman, Helvetica, or Orator. Bold type should not be used.

(B) Typed in a single column with no letters closer than 1-1/2 inches from any edge of the paper and left justified.

(C) Typed with no more than 9 creditors per page. Each block must consist of no more than 5 lines total for each creditor

Bankruptcy Terminology

creditor: A person to whom or business to which the debtor owes money or that claims to be owed money by the debtor. , with at least 2 blank lines between creditors. Titles such as Dr., Mrs., etc., should not be used. Do not type "Notice Only" as part of the address.

(D) Each line should be no more than 40 characters in length including spaces. The attention line or account number, if any, must appear only on the second line of the block. The city, state and zip code must be on the last line. Use two letter state abbreviation in capital letters only, e.g. TX. Nine digit zip codes should be separated by a hyphen.

(2) Creditor mailing list Requirements - Diskette Form. As an alternative to filing creditor

Bankruptcy Terminology

creditor: A person to whom or business to which the debtor owes money or that claims to be owed money by the debtor. 's mailing lists in paper form, the clerk's office will accept mailing lists on diskettes provided the following criteria are met:

(A) 3-5" diskette should be used.

(B) Immediately after entering the zip code for each address, press the enter (or Return) key to ensure that there are no spaces on the lines after the zip code.

(C) A printed copy of the mailing list from the diskette must be submitted with the diskette. The listing of names and addresses on the diskette and the printed copy of the mailing list must comply with N.D. TX L.B.R. 1007.2 (a)(1).

(D)After reviewing the printed list of creditors make sure there are no partial or incomplete addresses.

(E) The creditor

Bankruptcy Terminology

creditor: A person to whom or business to which the debtor owes money or that claims to be owed money by the debtor. mailing list must be written to diskettes as a text (ASCII) file. [Note: Any word processor may be used to create the mailing list, however the file must be saved in a text or ASCII format.]

(F) Each diskette must have a label with the debtor's name and debtor

Bankruptcy Terminology

debtor: A person who has filed a petition for relief under the bankruptcy laws. 's attorney and name of law firm.

(b) Mailing Lists - Chapter 11

Bankruptcy Terminology

chapter 11: A reorganization bankruptcy, usually involving a corporation or partnership. (A chapter 11 debtor usually proposes a plan of reorganization to keep its business alive and pay creditors over time. People in business or individuals can also seek relief in chapter 11.) Twenty Largest Unsecured Creditors List. In chapter 11

Bankruptcy Terminology

chapter 11: A reorganization bankruptcy, usually involving a corporation or partnership. (A chapter 11 debtor usually proposes a plan of reorganization to keep its business alive and pay creditors over time. People in business or individuals can also seek relief in chapter 11.) reorganization cases, in addition to the list of the twenty largest unsecured creditors required by Bankruptcy Rule 1007(d), two copies of a mailing list of the names and addresses of the twenty largest unsecured creditors in the format prescribed in N.D. TX L.B.R. 1007.2(a) shall be filed with the clerk.

L.B.R. 1009.1 Amendments to Lists and Schedules.

(a) Amendments to Mailing Lists. Whenever schedules or amendments add new entities or make corrections to mailing addresses, the debtor

Bankruptcy Terminology

debtor: A person who has filed a petition for relief under the bankruptcy laws. shall file with the document an amended mailing list which shall include only the names and addresses of entities to be added or corrected. A verification of mailing list shall also be filed with the amended mailing list, and as provided on the form, shall indicate that the amended mailing list adds new entities, or corrects addresses of entities appearing on a previously filed mailing list. See also, Appendix "F", for a sample form of a verification of mailing list.

(b) Amendments to Schedules. Where creditors are added by amendment to the schedules after the original notice of the meeting of creditors pursuant to 11 U.S.C. 341(a) has been sent out, the debtor's attorney (or debtor

Bankruptcy Terminology

debtor: A person who has filed a petition for relief under the bankruptcy laws. , if pro se) is responsible for giving notice to each such creditor

Bankruptcy Terminology

creditor: A person to whom or business to which the debtor owes money or that claims to be owed money by the debtor. of the filing of the bankruptcy and all applicable bar dates and deadlines if these bar dates and deadlines have been set at the time of the amendment.

L.B.R. 1010.1 Petition -Involuntary.

Notice of Appearance. Counsel for an alleged debtor

Bankruptcy Terminology

debtor: A person who has filed a petition for relief under the bankruptcy laws. shall file with the clerk a notice of appearance within two days of receipt of the summons in an involuntary case, or upon notice of the entry of the order for relief, whichever shall first occur.

L.B.R. 1015.1 Joint Administration

Bankruptcy Terminology

joint administration: A court-approved mechanism under which two or more cases can be administered together. (Assuming no conflicts of interest, these separate businesses or individuals can pool their resources, hire the same professionals, etc.) /Consolidation.

(a) Motions for Joint Administration

Bankruptcy Terminology

joint administration: A court-approved mechanism under which two or more cases can be administered together. (Assuming no conflicts of interest, these separate businesses or individuals can pool their resources, hire the same professionals, etc.) . Motions for joint administration

Bankruptcy Terminology

joint administration: A court-approved mechanism under which two or more cases can be administered together. (Assuming no conflicts of interest, these separate businesses or individuals can pool their resources, hire the same professionals, etc.) of cases involving two or more related debtors will be assigned for determination to the bankruptcy judge presiding over the case with the lowest filing number.

(b) Order Directing Joint Administration

Bankruptcy Terminology

joint administration: A court-approved mechanism under which two or more cases can be administered together. (Assuming no conflicts of interest, these separate businesses or individuals can pool their resources, hire the same professionals, etc.) . When a case is filed for or against a debtor related to a debtor with a case pending in this court, counsel for the later filed debtor

Bankruptcy Terminology

debtor: A person who has filed a petition for relief under the bankruptcy laws. shall file a motion for joint administration

Bankruptcy Terminology

joint administration: A court-approved mechanism under which two or more cases can be administered together. (Assuming no conflicts of interest, these separate businesses or individuals can pool their resources, hire the same professionals, etc.) .

(c) Joint Petition

Bankruptcy Terminology

joint petition: One bankruptcy petition filed by a husband and wife together. . The filing of a joint petition

Bankruptcy Terminology

joint petition: One bankruptcy petition filed by a husband and wife together. shall be deemed an order directing joint administration

Bankruptcy Terminology

joint administration: A court-approved mechanism under which two or more cases can be administered together. (Assuming no conflicts of interest, these separate businesses or individuals can pool their resources, hire the same professionals, etc.) for the purpose of subsection (b) of this rule, unless the court orders otherwise.

L.B.R. 1017.2 Dismissal or Suspension - Case or Proceedings.

Adversary proceedings. District Court Local Civil Rule 41.1 applies in adversary proceedings.

L.B.R. 1019.1 Conversion - Procedure Following.

(a) To Chapter 7

Bankruptcy Terminology

chapter 7: The chapter of the Bankruptcy Code providing for "liquidation," i.e., the sale of a debtor's nonexempt property and the distribution of the proceeds to creditors. . Within 15 days after the entry of an order converting a case to chapter 7

Bankruptcy Terminology

chapter 7: The chapter of the Bankruptcy Code providing for "liquidation," i.e., the sale of a debtor's nonexempt property and the distribution of the proceeds to creditors. , the debtor shall file a schedule of those assets remaining in the possession of the debtor

Bankruptcy Terminology

debtor: A person who has filed a petition for relief under the bankruptcy laws. as of the date of conversion, and a list of abandoned property and property against which the automatic stay

Bankruptcy Terminology

automatic stay: An injunction that automatically stops lawsuits, foreclosure, garnishments, and all collection activity against the debtor the moment a bankruptcy petition is filed. of lien

Bankruptcy Terminology

lien: A charge upon specific property designed to secure payment of a debt or performance of an obligation. enforcement terminated during the case, and a schedule of assets and unpaid post-petition obligations or expenses, if any. The schedule must be signed by the debtor under penalty of perjury certifying that the schedule and any attachments have been read and that they are true and correct to the best of the debtor's knowledge, information and belief. With respect to said post-petition obligations or expenses, the debtor

Bankruptcy Terminology

debtor: A person who has filed a petition for relief under the bankruptcy laws. shall prepare and file a supplemental mailing matrix.

(b) To Chapter 12

Bankruptcy Terminology

chapter 12: The chapter of the Bankruptcy Code providing for adjustment of debts of a "family farmer," as that term is defined in the Code. or 13. Within 15 days after the entry of order converting a chapter 11

Bankruptcy Terminology

chapter 11: A reorganization bankruptcy, usually involving a corporation or partnership. (A chapter 11 debtor usually proposes a plan of reorganization to keep its business alive and pay creditors over time. People in business or individuals can also seek relief in chapter 11.) case to a case under chapter 12

Bankruptcy Terminology

chapter 12: The chapter of the Bankruptcy Code providing for adjustment of debts of a "family farmer," as that term is defined in the Code. or 13, the debtor

Bankruptcy Terminology

debtor: A person who has filed a petition for relief under the bankruptcy laws. shall serve the standing chapter 12

Bankruptcy Terminology

chapter 12: The chapter of the Bankruptcy Code providing for adjustment of debts of a "family farmer," as that term is defined in the Code. or 13 trustee

Bankruptcy Terminology

trustee: The representative of the bankruptcy estate who exercises statutory powers, principally for the benefit of the unsecured creditors, under the general supervision of the court and the direct supervision of the United States trustee or Bankruptcy Administrator. with a copy of the original petition, schedules and statements and any amendments thereto filed in the superseded case.

(c) Chapter 7 Meeting of Creditors in a Converted Case. Where a case is converted from chapter 11

Bankruptcy Terminology

chapter 11: A reorganization bankruptcy, usually involving a corporation or partnership. (A chapter 11 debtor usually proposes a plan of reorganization to keep its business alive and pay creditors over time. People in business or individuals can also seek relief in chapter 11.) , chapter 12

Bankruptcy Terminology

chapter 12: The chapter of the Bankruptcy Code providing for adjustment of debts of a "family farmer," as that term is defined in the Code. or 13 to chapter 7, the "meeting of creditors" for the purpose of Bankruptcy Rule 3002(c) shall mean the meeting of creditors held in the chapter 7

Bankruptcy Terminology

chapter 7: The chapter of the Bankruptcy Code providing for "liquidation," i.e., the sale of a debtor's nonexempt property and the distribution of the proceeds to creditors. case.

 

Part II. Officers and Administration; Notices; Meetings; Examinations; Elections

L.B.R. 2002.1 Notice to Creditors & Other Interested Parties.

(a) Twenty-Day Notices to Parties in Interest.

(1) Notice of the meeting of creditors pursuant to 341 of the code shall be prepared by the clerk. The notice shall be served by the clerk in all cases under chapter 7

Bankruptcy Terminology

chapter 7: The chapter of the Bankruptcy Code providing for "liquidation," i.e., the sale of a debtor's nonexempt property and the distribution of the proceeds to creditors. , by the debtor

Bankruptcy Terminology

debtor: A person who has filed a petition for relief under the bankruptcy laws. in possession or the trustee in all cases under chapter 11

Bankruptcy Terminology

chapter 11: A reorganization bankruptcy, usually involving a corporation or partnership. (A chapter 11 debtor usually proposes a plan of reorganization to keep its business alive and pay creditors over time. People in business or individuals can also seek relief in chapter 11.) , and by the standing trustee

Bankruptcy Terminology

trustee: The representative of the bankruptcy estate who exercises statutory powers, principally for the benefit of the unsecured creditors, under the general supervision of the court and the direct supervision of the United States trustee or Bankruptcy Administrator. in all cases under chapter 12

Bankruptcy Terminology

chapter 12: The chapter of the Bankruptcy Code providing for adjustment of debts of a "family farmer," as that term is defined in the Code. or 13.

(2) Notice of a proposed use, sale, or lease of property other than in the ordinary course of business shall be prepared and served by the proponent of such use, sale, or lease.

(3) Notice of the hearing on approval of a compromise or settlement of a controversy shall be served by one of the parties proposing the compromise.

(4) Notice of the date fixed for the filing of claims against a surplus in an estate as provided in Bankruptcy Rule 3002(c)(6) shall be served by the clerk.

(5) In a chapter 7

Bankruptcy Terminology

chapter 7: The chapter of the Bankruptcy Code providing for "liquidation," i.e., the sale of a debtor's nonexempt property and the distribution of the proceeds to creditors. liquidation

Bankruptcy Terminology

liquidation: A sale of a debtor's property with the proceeds to be used for the benefit of creditors. , notice of the hearing on the dismissal or conversion of a case to another chapter shall be served by the clerk. In a chapter 11 reorganization, notice of the hearing on the dismissal or conversion of a case to another chapter shall be served by the movant. When the U.S. trustee is the movant, notice of the hearing on the dismissal or conversion of a chapter 11

Bankruptcy Terminology

chapter 11: A reorganization bankruptcy, usually involving a corporation or partnership. (A chapter 11 debtor usually proposes a plan of reorganization to keep its business alive and pay creditors over time. People in business or individuals can also seek relief in chapter 11.) case shall be served by the clerk. In a chapter 12

Bankruptcy Terminology

chapter 12: The chapter of the Bankruptcy Code providing for adjustment of debts of a "family farmer," as that term is defined in the Code. or 13 debt adjustment, notice of the hearing on the dismissal or conversion of a case to another chapter shall be served by the standing trustee

Bankruptcy Terminology

trustee: The representative of the bankruptcy estate who exercises statutory powers, principally for the benefit of the unsecured creditors, under the general supervision of the court and the direct supervision of the United States trustee or Bankruptcy Administrator. .

(6) Notice of the time fixed to accept or reject a proposed modification of a plan shall be prepared and served by the proponent of the modification.

(7) Notice of hearings on all applications for compensation or reimbursement of expenses totaling in excess of $500.00 shall be prepared and served by the applicant.

(8) Notice of the time fixed or "bar date" for filing proofs of claims in chapter 11

Bankruptcy Terminology

chapter 11: A reorganization bankruptcy, usually involving a corporation or partnership. (A chapter 11 debtor usually proposes a plan of reorganization to keep its business alive and pay creditors over time. People in business or individuals can also seek relief in chapter 11.) cases pursuant to Bankruptcy Rule 3003(c)(3), shall be served by the trustee

Bankruptcy Terminology

trustee: The representative of the bankruptcy estate who exercises statutory powers, principally for the benefit of the unsecured creditors, under the general supervision of the court and the direct supervision of the United States trustee or Bankruptcy Administrator. or debtor

Bankruptcy Terminology

debtor: A person who has filed a petition for relief under the bankruptcy laws. in possession.

(9) Notice of the time fixed for filing objections and the hearing to consider confirmation of a chapter 12

Bankruptcy Terminology

chapter 12: The chapter of the Bankruptcy Code providing for adjustment of debts of a "family farmer," as that term is defined in the Code. plan shall be served by the standing trustee

Bankruptcy Terminology

trustee: The representative of the bankruptcy estate who exercises statutory powers, principally for the benefit of the unsecured creditors, under the general supervision of the court and the direct supervision of the United States trustee or Bankruptcy Administrator. .

(10) Notice of the time fixed for filing proofs of claim

Bankruptcy Terminology

claim: A creditor's assertion of a right to payment from a debtor or the debtor's property. in chapter 7 or chapter 12

Bankruptcy Terminology

chapter 12: The chapter of the Bankruptcy Code providing for adjustment of debts of a "family farmer," as that term is defined in the Code. or 13 cases pursuant to Bankruptcy Rule 3002(c), shall be served by the clerk in chapter 7

Bankruptcy Terminology

chapter 7: The chapter of the Bankruptcy Code providing for "liquidation," i.e., the sale of a debtor's nonexempt property and the distribution of the proceeds to creditors. cases, and by the standing trustee

Bankruptcy Terminology

trustee: The representative of the bankruptcy estate who exercises statutory powers, principally for the benefit of the unsecured creditors, under the general supervision of the court and the direct supervision of the United States trustee or Bankruptcy Administrator. in chapter 12

Bankruptcy Terminology

chapter 12: The chapter of the Bankruptcy Code providing for adjustment of debts of a "family farmer," as that term is defined in the Code. and 13 cases, and combined with the notice of commencement of case, meeting of creditors, and fixing dates.

(b) Twenty-five Day Notices to Parties in Interest. The notices required by Bankruptcy Rule 2002(b) shall be served by the party whose disclosure statement

Bankruptcy Terminology

disclosure statement: A written document prepared by the chapter 11 debtor or other plan proponent that is designed to provide "adequate information" to creditors to enable them to evaluate the chapter 11 plan of reorganization. is being considered or by the proponent of the plan, as the case may be.

(c) Notice to Equity

Bankruptcy Terminology

equity: The value of a debtor's interest in property that remains after liens and other creditors' interests are considered. (Example: If a house valued at $60,000 is subject to a $30,000 mortgage, there is $30,000 of equity.) Security Holders. Notice of the order for relief and of any meeting of equity

Bankruptcy Terminology

equity: The value of a debtor's interest in property that remains after liens and other creditors' interests are considered. (Example: If a house valued at $60,000 is subject to a $30,000 mortgage, there is $30,000 of equity.) security holders ordered by the court pursuant to 341 of the Code shall be served by the debtor

Bankruptcy Terminology

debtor: A person who has filed a petition for relief under the bankruptcy laws. in possession or trustee

Bankruptcy Terminology

trustee: The representative of the bankruptcy estate who exercises statutory powers, principally for the benefit of the unsecured creditors, under the general supervision of the court and the direct supervision of the United States trustee or Bankruptcy Administrator. in all cases under chapter 11

Bankruptcy Terminology

chapter 11: A reorganization bankruptcy, usually involving a corporation or partnership. (A chapter 11 debtor usually proposes a plan of reorganization to keep its business alive and pay creditors over time. People in business or individuals can also seek relief in chapter 11.) . The notices required by subdivisions (d)(3), (4), (5), (6), and (7) of Bankruptcy Rule 2002 shall be served in accordance with (a)(2), (5), (6) and (b) of this Rule.

(d) Other Notices.

(1) The notices required by subdivisions (f)(1), (3), (4), and (5) of Bankruptcy Rule 2002 shall be served by the party responsible for serving Notice of the 341 meeting

Bankruptcy Terminology

341 meeting: A meeting of creditors at which the debtor is questioned under oath by creditors, a trustee, examiner, or the United States trustee about his/her financial affairs. of creditors as provided in subdivision (a)(1) of this Rule.

(2) Notice of the dismissal of a case under chapter 7

Bankruptcy Terminology

chapter 7: The chapter of the Bankruptcy Code providing for "liquidation," i.e., the sale of a debtor's nonexempt property and the distribution of the proceeds to creditors. or 11 shall be served by the clerk, provided that the debtor in possession shall serve such notice if the order was entered on motion of the debtor

Bankruptcy Terminology

debtor: A person who has filed a petition for relief under the bankruptcy laws. in possession. Notice of the dismissal of chapter 12

Bankruptcy Terminology

chapter 12: The chapter of the Bankruptcy Code providing for adjustment of debts of a "family farmer," as that term is defined in the Code. or 13 case shall be served by the standing trustee

Bankruptcy Terminology

trustee: The representative of the bankruptcy estate who exercises statutory powers, principally for the benefit of the unsecured creditors, under the general supervision of the court and the direct supervision of the United States trustee or Bankruptcy Administrator. .

(3) The notices required by subdivisions (f)(6) and (8) of Bankruptcy Rule 2002 shall be served by the clerk of the bankruptcy court.

(4) The notice required by subdivision (f)(7) of Bankruptcy Rule 2002 shall be served by the proponent of the plan.

(e) Debtor to Provide Notice. Whenever notice is required to be served under this Rule by the clerk or a party other than the debtor in possession, such debtor

Bankruptcy Terminology

debtor: A person who has filed a petition for relief under the bankruptcy laws. in possession shall serve the notice if the mailing matrix required by N.D. TX L.B.R. 1007.2 has not been filed.

(f) Notices to Creditors Whose Claims Are Filed. In a chapter 7

Bankruptcy Terminology

chapter 7: The chapter of the Bankruptcy Code providing for "liquidation," i.e., the sale of a debtor's nonexempt property and the distribution of the proceeds to creditors. case, after the expiration of time to file a claim

Bankruptcy Terminology

claim: A creditor's assertion of a right to payment from a debtor or the debtor's property. under Rule 3002(c), all notices required by subdivision (a) of this rule, except clause (4) thereof, may be mailed only to creditors whose claims have been filed, and parties who have filed a request for notices with the clerk.

(g) Certificate of Service When Notice Served By Party. When a party other than the clerk is required by this Rule to serve notice, such party shall file a copy of the notice with a certificate of service evidencing the names and addresses of the parties served and the manner of service.

(h) Other Parties. The court may require notices to be served by the parties other than those specified in these Local Bankruptcy Rules.

(i) Notice of an Extension to File Schedules. Notice of an extension of time to file schedules and statements shall be given by the debtor

Bankruptcy Terminology

debtor: A person who has filed a petition for relief under the bankruptcy laws. to any committee, trustee, examiner, the U.S. trustee, standing chapter 12

Bankruptcy Terminology

chapter 12: The chapter of the Bankruptcy Code providing for adjustment of debts of a "family farmer," as that term is defined in the Code. or 13 trustee

Bankruptcy Terminology

trustee: The representative of the bankruptcy estate who exercises statutory powers, principally for the benefit of the unsecured creditors, under the general supervision of the court and the direct supervision of the United States trustee or Bankruptcy Administrator. (if applicable) and other party as the court may direct.

L.B.R. 2003.1 Meeting of Creditors & Equity

Bankruptcy Terminology

equity: The value of a debtor's interest in property that remains after liens and other creditors' interests are considered. (Example: If a house valued at $60,000 is subject to a $30,000 mortgage, there is $30,000 of equity.) Security Holders.

Meeting of Creditors in Converted Cases. Where a case is converted from chapter 11

Bankruptcy Terminology

chapter 11: A reorganization bankruptcy, usually involving a corporation or partnership. (A chapter 11 debtor usually proposes a plan of reorganization to keep its business alive and pay creditors over time. People in business or individuals can also seek relief in chapter 11.) , chapter 12

Bankruptcy Terminology

chapter 12: The chapter of the Bankruptcy Code providing for adjustment of debts of a "family farmer," as that term is defined in the Code. or chapter 13

Bankruptcy Terminology

chapter 13: The chapter of the Bankruptcy Code providing for adjustment of debts of an individual with regular income. (Chapter 13 allows a debtor to keep property and pay debts over time, usually three to five years.) to chapter 7, the "meeting of creditors" for the purpose of Bankruptcy Rule 3002(c) shall mean the meeting of creditors held in the chapter 7

Bankruptcy Terminology

chapter 7: The chapter of the Bankruptcy Code providing for "liquidation," i.e., the sale of a debtor's nonexempt property and the distribution of the proceeds to creditors. case.

L.B.R. 2004.1 Depositions and Examinations.

Motions for Examination. Before filing a motion for examination under Bankruptcy Rule 2004, counsel for the moving party shall confer with the proposed examinee or the examinee's counsel (if represented by counsel) to arrange for a mutually agreeable date, place and time for the examination. All motions for examination shall include either (1) a certificate which states that a conference was held as required and that all parties have agreed to the date, time and place of examination; or (2) a certificate explaining why it was not possible for the required conference to be held; or (3) a certificate which states that a conference was held as required, that no agreement could be reached and that the motion is presented to the court for determination.

L.B.R. 2015.4 Trustees - Chapter 12

Bankruptcy Terminology

chapter 12: The chapter of the Bankruptcy Code providing for adjustment of debts of a "family farmer," as that term is defined in the Code. .

Trustee Guidelines. The standing chapter 12

Bankruptcy Terminology

chapter 12: The chapter of the Bankruptcy Code providing for adjustment of debts of a "family farmer," as that term is defined in the Code. trustee may from time to time publish and file with the clerk "trustee guidelines" on matters such as procedure, forms, valuation, capitalization rates, amount and rate of payment of debtor

Bankruptcy Terminology

debtor: A person who has filed a petition for relief under the bankruptcy laws. 's attorney fees, and other issues pertaining to confirmation or modification of a chapter 12 plan. Any chapter 12

Bankruptcy Terminology

chapter 12: The chapter of the Bankruptcy Code providing for adjustment of debts of a "family farmer," as that term is defined in the Code. plan or modification conforming to such trustee guidelines will be deemed to have the trustee's recommendation, unless otherwise expressly stated by the trustee

Bankruptcy Terminology

trustee: The representative of the bankruptcy estate who exercises statutory powers, principally for the benefit of the unsecured creditors, under the general supervision of the court and the direct supervision of the United States trustee or Bankruptcy Administrator. .

L.B.R. 2015.5 Trustees - Chapter 13

Bankruptcy Terminology

chapter 13: The chapter of the Bankruptcy Code providing for adjustment of debts of an individual with regular income. (Chapter 13 allows a debtor to keep property and pay debts over time, usually three to five years.).

Trustee Guidelines. The standing chapter 13 trustee

Bankruptcy Terminology

chapter 13 trustee: A person appointed to administer a chapter 13 case. (A chapter 13 trustee's responsibilities are similar to those of a chapter 7 trustee; however, a chapter 13 trustee has the additional responsibilities of overseeing the debtor's plan, receiving payments from debtors, and disbursing plan payments to creditors.) may from time to time publish and file with the clerk "trustee guidelines" on matters such as valuation of consumer goods, capitalization rates, amount and rate of payment of debtors' attorney fees, and other issues pertaining to confirmation or modification of a chapter 13 plan. Any chapter 13

Bankruptcy Terminology

chapter 13: The chapter of the Bankruptcy Code providing for adjustment of debts of an individual with regular income. (Chapter 13 allows a debtor to keep property and pay debts over time, usually three to five years.) plan or modification conforming to such trustee guidelines will be deemed to have the trustee's recommendation, unless otherwise expressly stated by the trustee

Bankruptcy Terminology

trustee: The representative of the bankruptcy estate who exercises statutory powers, principally for the benefit of the unsecured creditors, under the general supervision of the court and the direct supervision of the United States trustee or Bankruptcy Administrator. .

L.B.R. 2016.1 Compensation of Professionals.

(a) Statement Required by 329 and Rule 2016(b). In all cases under the Bankruptcy Code, the statement required by 329 of the Bankruptcy Code

Bankruptcy Terminology

Bankruptcy Code: The informal name for title 11 of the United States Code (11 U.S.C. 101 - 1330), the federal bankruptcy law. and Bankruptcy Rule 2016(b) shall be filed by the attorney for the debtor

Bankruptcy Terminology

debtor: A person who has filed a petition for relief under the bankruptcy laws. within 10 days after filing of the case and a copy shall be served on the United States trustee

Bankruptcy Terminology

United States trustee: An officer of the Justice Department responsible for supervising the administration of bankruptcy cases, estates, and trustees, monitoring plans and disclosure statements, monitoring creditors' committees, monitoring fee applications, and performing other statutory duties. . The standing chapter 12

Bankruptcy Terminology

chapter 12: The chapter of the Bankruptcy Code providing for adjustment of debts of a "family farmer," as that term is defined in the Code. or 13 trustee

Bankruptcy Terminology

trustee: The representative of the bankruptcy estate who exercises statutory powers, principally for the benefit of the unsecured creditors, under the general supervision of the court and the direct supervision of the United States trustee or Bankruptcy Administrator. shall be served with the disclosure of compensation statement in chapter 12

Bankruptcy Terminology

chapter 12: The chapter of the Bankruptcy Code providing for adjustment of debts of a "family farmer," as that term is defined in the Code. or 13 cases.

(b) Retainer Funds. In chapters 11, 12 and 13 cases, all attorneys and accountants shall deposit retainer funds, whether received from the debtor or an insider of the debtor

Bankruptcy Terminology

debtor: A person who has filed a petition for relief under the bankruptcy laws. (as defined in 101(31) of the Bankruptcy Code

Bankruptcy Terminology

Bankruptcy Code: The informal name for title 11 of the United States Code (11 U.S.C. 101 - 1330), the federal bankruptcy law. ), in a trust account. Any withdrawal in a chapter 13

Bankruptcy Terminology

chapter 13: The chapter of the Bankruptcy Code providing for adjustment of debts of an individual with regular income. (Chapter 13 allows a debtor to keep property and pay debts over time, usually three to five years.) case from a retainer that exceeds $1,500.00 may not be made on the amount that exceeds $1,500.00 except after approval by the court of a formal fee application. A retainer in a chapter 11

Bankruptcy Terminology

chapter 11: A reorganization bankruptcy, usually involving a corporation or partnership. (A chapter 11 debtor usually proposes a plan of reorganization to keep its business alive and pay creditors over time. People in business or individuals can also seek relief in chapter 11.) or 12 case may be withdrawn provided the attorney or accountant complies with the following procedure:

(1) A motion for distribution of retainer shall be filed with the clerk of the court, and a copy shall be served on the United States trustee

Bankruptcy Terminology

United States trustee: An officer of the Justice Department responsible for supervising the administration of bankruptcy cases, estates, and trustees, monitoring plans and disclosure statements, monitoring creditors' committees, monitoring fee applications, and performing other statutory duties. , the trustee

Bankruptcy Terminology

trustee: The representative of the bankruptcy estate who exercises statutory powers, principally for the benefit of the unsecured creditors, under the general supervision of the court and the direct supervision of the United States trustee or Bankruptcy Administrator. (if one has been appointed), the 10 largest unsecured creditors, any committee appointed under the Bankruptcy Code

Bankruptcy Terminology

Bankruptcy Code: The informal name for title 11 of the United States Code (11 U.S.C. 101 - 1330), the federal bankruptcy law. or its authorized agent, and any other creditor

Bankruptcy Terminology

creditor: A person to whom or business to which the debtor owes money or that claims to be owed money by the debtor. that enters an appearance and demands service of papers in the case. At a minimum, the motion for distribution shall contain a description of services rendered, time spent, hourly rates charged and the name of the attorney, accountant, other professional or paraprofessional performing the work. For the purpose of distribution of retainer, this motion shall be deemed an application within the provisions of Bankruptcy Rule 2016, with the final compensation of counsel to be determined at a subsequent hearing before the court as required by Bankruptcy Rule 2016. If no objection is filed within 15 days of the mailing thereof, said professional may withdraw funds as described in the proposal in the amounts set forth as interim allowances. Motions for distribution may not be filed more frequently than monthly, without leave of court.

(2) If an objection is received from the U.S. trustee

Bankruptcy Terminology

trustee: The representative of the bankruptcy estate who exercises statutory powers, principally for the benefit of the unsecured creditors, under the general supervision of the court and the direct supervision of the United States trustee or Bankruptcy Administrator. , any creditor

Bankruptcy Terminology

creditor: A person to whom or business to which the debtor owes money or that claims to be owed money by the debtor. or party in interest

Bankruptcy Terminology

party in interest: A party who is actually and substantially interested in the subject matter, as distinguished from one who has only a nominal on technical interest in it., the affected professional shall request a hearing before the court. Said hearing shall be held pursuant to Bankruptcy Rule 2017(a), and will not require preparation of a formal fee application.

L.B.R. 2082.1 Chapter 12

Bankruptcy Terminology

chapter 12: The chapter of the Bankruptcy Code providing for adjustment of debts of a "family farmer," as that term is defined in the Code. - General.

(a) Objections. Unless the court orders otherwise, an objection to confirmation shall be filed no later than 4 days prior to the date set for hearing on confirmation of the plan.

(b) General Provisions Applicable in Chapter 12

Bankruptcy Terminology

chapter 12: The chapter of the Bankruptcy Code providing for adjustment of debts of a "family farmer," as that term is defined in the Code. Cases.

(1) Settlement conference. Unless the court orders otherwise, at least 5 days prior to the date the debtor's plan is set for confirmation, debtor's attorney, the standing chapter 12

Bankruptcy Terminology

chapter 12: The chapter of the Bankruptcy Code providing for adjustment of debts of a "family farmer," as that term is defined in the Code. trustee, and any party who has filed written objections to the debtor

Bankruptcy Terminology

debtor: A person who has filed a petition for relief under the bankruptcy laws. 's plan shall appear at a pre-confirmation settlement conference to be held at a time and place specified by the standing chapter 12

Bankruptcy Terminology

chapter 12: The chapter of the Bankruptcy Code providing for adjustment of debts of a "family farmer," as that term is defined in the Code. trustee

Bankruptcy Terminology

trustee: The representative of the bankruptcy estate who exercises statutory powers, principally for the benefit of the unsecured creditors, under the general supervision of the court and the direct supervision of the United States trustee or Bankruptcy Administrator. . Any party objecting to the plan must be represented at the conference by a person with full authority to settle. If no written objections to the confirmation of the debtor

Bankruptcy Terminology

debtor: A person who has filed a petition for relief under the bankruptcy laws. 's plan are filed within the time prescribed by the court, then the pre-confirmation settlement conference may not be held.

(2) Hearing. After notice, the court shall conduct a hearing on confirmation of the chapter 12 plan. The court may accept the standing chapter 12

Bankruptcy Terminology

chapter 12: The chapter of the Bankruptcy Code providing for adjustment of debts of a "family farmer," as that term is defined in the Code. trustee

Bankruptcy Terminology

trustee: The representative of the bankruptcy estate who exercises statutory powers, principally for the benefit of the unsecured creditors, under the general supervision of the court and the direct supervision of the United States trustee or Bankruptcy Administrator. 's report.

(3) Notice. When a chapter 12 plan is filed, the debtor's attorney shall give the standing chapter 12

Bankruptcy Terminology

chapter 12: The chapter of the Bankruptcy Code providing for adjustment of debts of a "family farmer," as that term is defined in the Code. trustee, all creditors, and all parties in interest notice by mail of the time fixed for filing objections to the debtor's plan, the date, time and place of the pre-confirmation settlement conference and of the hearing to consider confirmation of the plan. A copy of the plan or a court approved summary shall accompany the notice. The debtor

Bankruptcy Terminology

debtor: A person who has filed a petition for relief under the bankruptcy laws. 's attorney shall give notice by a form of notice promulgated by the standing chapter 12

Bankruptcy Terminology

chapter 12: The chapter of the Bankruptcy Code providing for adjustment of debts of a "family farmer," as that term is defined in the Code. trustee

Bankruptcy Terminology

trustee: The representative of the bankruptcy estate who exercises statutory powers, principally for the benefit of the unsecured creditors, under the general supervision of the court and the direct supervision of the United States trustee or Bankruptcy Administrator. .

 

Part III. Claims and Distribution to Creditors and Equity

Bankruptcy Terminology

equity: The value of a debtor's interest in property that remains after liens and other creditors' interests are considered. (Example: If a house valued at $60,000 is subject to a $30,000 mortgage, there is $30,000 of equity.) Interest Holders; Plans

L.B.R. 3002.1 Filing Proof of Claims or Interest.

(a) Filing Proof of Claim

Bankruptcy Terminology

proof of claim: A written statement, filed by a creditor, describing the reason a debtor owes the creditor money. (There is an official form for this purpose.) . An original proof of claim

Bankruptcy Terminology

claim: A creditor's assertion of a right to payment from a debtor or the debtor's property. shall be filed with the clerk. In a case under chapter 12

Bankruptcy Terminology

chapter 12: The chapter of the Bankruptcy Code providing for adjustment of debts of a "family farmer," as that term is defined in the Code. or chapter 13

Bankruptcy Terminology

chapter 13: The chapter of the Bankruptcy Code providing for adjustment of debts of an individual with regular income. (Chapter 13 allows a debtor to keep property and pay debts over time, usually three to five years.), a copy of the proof of claim

Bankruptcy Terminology

proof of claim: A written statement, filed by a creditor, describing the reason a debtor owes the creditor money. (There is an official form for this purpose.) shall be served on the standing trustee

Bankruptcy Terminology

trustee: The representative of the bankruptcy estate who exercises statutory powers, principally for the benefit of the unsecured creditors, under the general supervision of the court and the direct supervision of the United States trustee or Bankruptcy Administrator. by the claimant.

(b) Late Filed Claims. The trustee

Bankruptcy Terminology

trustee: The representative of the bankruptcy estate who exercises statutory powers, principally for the benefit of the unsecured creditors, under the general supervision of the court and the direct supervision of the United States trustee or Bankruptcy Administrator. need not object to any tardily filed claim

Bankruptcy Terminology

claim: A creditor's assertion of a right to payment from a debtor or the debtor's property. if less than a 100% dividend is to be paid to the holders of unsecured claims that are timely filed and allowed.

L.B.R. 3015.3 Chapter 13

Bankruptcy Terminology

chapter 13: The chapter of the Bankruptcy Code providing for adjustment of debts of an individual with regular income. (Chapter 13 allows a debtor to keep property and pay debts over time, usually three to five years.) - Confirmation.

Objections. Unless the court orders otherwise, an objection to confirmation shall be filed no later than 4 days prior to the date set for hearing on confirmation of the plan.

L.B.R. 3016.1 Chapter 11

Bankruptcy Terminology

chapter 11: A reorganization bankruptcy, usually involving a corporation or partnership. (A chapter 11 debtor usually proposes a plan of reorganization to keep its business alive and pay creditors over time. People in business or individuals can also seek relief in chapter 11.) - Plan.

(a) Extension of Exclusivity Period. If the debtor desires an extension of the exclusive period for filing a plan of reorganization then, within 120 days following the entry of the order for relief, the debtor

Bankruptcy Terminology

debtor: A person who has filed a petition for relief under the bankruptcy laws. shall file a report stating the reasons why a plan has not been filed and a detailed timetable of the steps to be taken in order to file a plan. No order extending the period of exclusivity provided in 1121(b) of the Code shall be granted in the absence of such a report.

(b) Report Required for Plans Not Filed in 120 days. Whenever a plan has not been filed within 120 days of the entry of the order for relief, the trustee, if a trustee

Bankruptcy Terminology

trustee: The representative of the bankruptcy estate who exercises statutory powers, principally for the benefit of the unsecured creditors, under the general supervision of the court and the direct supervision of the United States trustee or Bankruptcy Administrator. has been appointed, or the debtor

Bankruptcy Terminology

debtor: A person who has filed a petition for relief under the bankruptcy laws. shall file a report as to the following matters: (1) the likelihood that a plan can be filed, or (2) the reasons why a plan cannot be formulated, or (3) a recommendation that the case be converted to another chapter or dismissed.

L.B.R. 3017.1 Disclosure Statement

Bankruptcy Terminology

disclosure statement: A written document prepared by the chapter 11 debtor or other plan proponent that is designed to provide "adequate information" to creditors to enable them to evaluate the chapter 11 plan of reorganization. - Approval.

Notice Required by Rule 3017. The transmission and notice required by subsection (d) of Bankruptcy Rule 3017 shall be mailed by the proponent of the plan.

L.B.R. 3018.2 Acceptance/Rejection of Plans.

Certification of Acceptance or Rejection of Plan. Prior to or at the hearing on confirmation, the proponent of a plan or other party who receives the acceptances or rejections shall certify to the bankruptcy court the amount and number of allowed claims of each class accepting or rejecting the plan and the amount of allowed interest of each class accepting or rejecting the plan. A copy of the certification shall be served on the debtor, debtor

Bankruptcy Terminology

debtor: A person who has filed a petition for relief under the bankruptcy laws. in possession, trustee

Bankruptcy Terminology

trustee: The representative of the bankruptcy estate who exercises statutory powers, principally for the benefit of the unsecured creditors, under the general supervision of the court and the direct supervision of the United States trustee or Bankruptcy Administrator. , if any, United States trustee

Bankruptcy Terminology

United States trustee: An officer of the Justice Department responsible for supervising the administration of bankruptcy cases, estates, and trustees, monitoring plans and disclosure statements, monitoring creditors' committees, monitoring fee applications, and performing other statutory duties. and any committee appointed pursuant to the Code. On the basis of the certification, the court may find that the plan has been accepted or rejected.

L.B.R. 3020.1 Chapter 11

Bankruptcy Terminology

chapter 11: A reorganization bankruptcy, usually involving a corporation or partnership. (A chapter 11 debtor usually proposes a plan of reorganization to keep its business alive and pay creditors over time. People in business or individuals can also seek relief in chapter 11.) - Confirmation.

Objections. Unless the court orders otherwise, an objection to confirmation shall be filed no later than 4 days prior to the date set for hearing on confirmation of the plan.

 

Part IV. The Debtor

Bankruptcy Terminology

debtor: A person who has filed a petition for relief under the bankruptcy laws. : Duties and Benefits

L.B.R. 4001.1 Automatic Stay

Bankruptcy Terminology

automatic stay: An injunction that automatically stops lawsuits, foreclosure, garnishments, and all collection activity against the debtor the moment a bankruptcy petition is filed. - Relief From.

(a) Motions; Service. No summons is required. The movant shall file with the clerk a certificate of service attached to the motion, evidencing the mode of service and the names and addresses of the parties served, and a certificate of conference evidencing compliance with District Court Local Civil Rule 7.1(a) and N.D. TX L.B.R. 9014.1(c)(1). The motion shall contain a notice of the requirement of the filing of a response to the motion as set forth in subdivision (b) of this rule. A motion for relief from the automatic stay

Bankruptcy Terminology

automatic stay: An injunction that automatically stops lawsuits, foreclosure, garnishments, and all collection activity against the debtor the moment a bankruptcy petition is filed. shall be served on the following parties:

(1) In a chapter 11

Bankruptcy Terminology

chapter 11: A reorganization bankruptcy, usually involving a corporation or partnership. (A chapter 11 debtor usually proposes a plan of reorganization to keep its business alive and pay creditors over time. People in business or individuals can also seek relief in chapter 11.) case,

(A) The debtor, and, if the debtor

Bankruptcy Terminology

debtor: A person who has filed a petition for relief under the bankruptcy laws. is represented by an attorney, to the attorney, and

(B) Any and all committees appointed under the Bankruptcy Code

Bankruptcy Terminology

Bankruptcy Code: The informal name for title 11 of the United States Code (11 U.S.C. 101 - 1330), the federal bankruptcy law. or its/their authorized agent, or

(C) If no committee has been appointed, the twenty largest unsecured creditors, and

(D) The United States trustee

Bankruptcy Terminology

United States trustee: An officer of the Justice Department responsible for supervising the administration of bankruptcy cases, estates, and trustees, monitoring plans and disclosure statements, monitoring creditors' committees, monitoring fee applications, and performing other statutory duties. and any trustee

Bankruptcy Terminology

trustee: The representative of the bankruptcy estate who exercises statutory powers, principally for the benefit of the unsecured creditors, under the general supervision of the court and the direct supervision of the United States trustee or Bankruptcy Administrator. appointed in the case, and

(E) All parties who filed an appearance and requested notice in the case.

(2) In a chapter 7

Bankruptcy Terminology

chapter 7: The chapter of the Bankruptcy Code providing for "liquidation," i.e., the sale of a debtor's nonexempt property and the distribution of the proceeds to creditors. , 12, or 13 case,

(A) The debtor, and, if the debtor

Bankruptcy Terminology

debtor: A person who has filed a petition for relief under the bankruptcy laws. is represented by an attorney, to the attorney, and

(B) Any and all committees appointed under the Bankruptcy Code

Bankruptcy Terminology

Bankruptcy Code: The informal name for title 11 of the United States Code (11 U.S.C. 101 - 1330), the federal bankruptcy law. or its/their authorized agent,

(C) The United States trustee

Bankruptcy Terminology

United States trustee: An officer of the Justice Department responsible for supervising the administration of bankruptcy cases, estates, and trustees, monitoring plans and disclosure statements, monitoring creditors' committees, monitoring fee applications, and performing other statutory duties. and the chapter 7

Bankruptcy Terminology

chapter 7: The chapter of the Bankruptcy Code providing for "liquidation," i.e., the sale of a debtor's nonexempt property and the distribution of the proceeds to creditors. , 12 or 13 trustee

Bankruptcy Terminology

trustee: The representative of the bankruptcy estate who exercises statutory powers, principally for the benefit of the unsecured creditors, under the general supervision of the court and the direct supervision of the United States trustee or Bankruptcy Administrator. appointed in the case, and

(D) All parties who filed an appearance and requested notice in the case.

(b) Response Required. The trustee

Bankruptcy Terminology

trustee: The representative of the bankruptcy estate who exercises statutory powers, principally for the benefit of the unsecured creditors, under the general supervision of the court and the direct supervision of the United States trustee or Bankruptcy Administrator. (if one has been appointed) or the debtor

Bankruptcy Terminology

debtor: A person who has filed a petition for relief under the bankruptcy laws. shall file a response to any motion for relief from the automatic stay

Bankruptcy Terminology

automatic stay: An injunction that automatically stops lawsuits, foreclosure, garnishments, and all collection activity against the debtor the moment a bankruptcy petition is filed. within 12 days from the service of the motion.(2) The debtor's response shall include a detailed and comprehensive statement as to how the Movant can be "adequately protected" if the stay is to be continued. If the debtor

Bankruptcy Terminology

debtor: A person who has filed a petition for relief under the bankruptcy laws. does not file a response as required, the allegations in the creditor

Bankruptcy Terminology

creditor: A person to whom or business to which the debtor owes money or that claims to be owed money by the debtor. 's motion for relief from the automatic stay

Bankruptcy Terminology

automatic stay: An injunction that automatically stops lawsuits, foreclosure, garnishments, and all collection activity against the debtor the moment a bankruptcy petition is filed. shall be deemed admitted, unless good cause is shown why these allegations should not be deemed admitted, and an order granting the relief sought may be entered by default.

(c) Discovery. The time within which responses to discovery requests on automatic stay issues are due under Bankruptcy Rules 7028-7036, connection with motions for relief from the automatic stay is shortened from 30 to 12 days. Depositions may be taken commencing at the expiration of 10 calendar days after service of the motion for relief from the automatic stay

Bankruptcy Terminology

automatic stay: An injunction that automatically stops lawsuits, foreclosure, garnishments, and all collection activity against the debtor the moment a bankruptcy petition is filed..

(d) Attorney certification. In any evidentiary hearing conducted on a motion for relief from the automatic stay

Bankruptcy Terminology

automatic stay: An injunction that automatically stops lawsuits, foreclosure, garnishments, and all collection activity against the debtor the moment a bankruptcy petition is filed., all counsel shall certify before the presentation of evidence: 1) that good faith settlement discussions have been held or why they were not held; (2) that all exhibits, appraisals and lists of witnesses (it is presumed that the debtor

Bankruptcy Terminology

debtor: A person who has filed a petition for relief under the bankruptcy laws. (s) will testify) have been exchanged at least 2 days in advance of the hearing date; and (3) the anticipated length of the hearing. Exhibits will be marked in advance of the hearing and a bound, marked set of exhibits will be presented to the court at the commencement of the hearing.

(e) Preliminary Hearings; Dallas Division. Absent compelling circumstances, evidence presented at preliminary hearings in the Dallas Division on motions for relief from the automatic stay

Bankruptcy Terminology

automatic stay: An injunction that automatically stops lawsuits, foreclosure, garnishments, and all collection activity against the debtor the moment a bankruptcy petition is filed. will be by affidavit only. The party requesting the hearing must serve evidentiary affidavits at least 7 days in advance of such hearing; the responding party must serve evidentiary affidavits at least 48 hours in advance of such hearing; the party requesting the hearing is responsible for making sure all other hearing participants known to such party are aware of this Rule. Failure of an attorney to attend a scheduled and noticed preliminary hearing may be grounds for default relief regardless of the presence or absence of affidavits.

 

Part V. Courts and Clerks

L.B.R. 5001.2 Clerk - Office Location/Hours.

See Appendix C for a listing of clerk's office locations and office hours.

L.B.R. 5003.1 Clerk - General Authority.

(a) Clerk Authorized to Amend Form of Mailing List. The clerk shall be authorized to change the form of the mailing list required by N.D. TX L.B.R. 1007.2 to meet requirements of any automated case management system hereafter employed by the clerk. The clerk shall give appropriate notice to the bar of any such change in form.

(b) Clerk Authorized to Refuse Certain Checks/Filings. The clerk shall maintain a list of all attorneys and law firms whose checks have been dishonored. The clerk may refuse future checks from such attorneys or firms.

L.B.R. 5004.1 Disqualification.

Recusal. A bankruptcy judge, upon recusal in any case, shall request the chief bankruptcy judge or the clerk to reassign the case.

L.B.R. 5005.1 Filing Papers - Requirements.

(a) Filing the Petition. The petition shall be filed in the office of the clerk responsible for the division in which the case is to be filed.

(b) Filing of Papers. Papers should ordinarily be filed in the office of the clerk responsible for maintaining the records for the division in which the case or proceeding is pending. The clerk shall not refuse to accept for filing any petition or other paper presented for that purpose solely because it is not presented in proper form as required by the Bankruptcy Rules or any local rules or practice.

(c) Signature Block. The signature block of every pleading shall include the name, state bar number, if applicable, address, and telephone number of the party or attorney filing the pleading. In the case of an attorney, the attorney's firm name and the name of the party represented shall also be included.

(d) Attorney Name/Address. The attorney's name, state bar number, address, telephone number, and the name of the party represented shall appear on the upper-left corner of the first page of every pleading, except on proposed orders.

(e) Form of Pleadings.

(1) The upper-right corner of the pleading is reserved for the clerk's file mark.

(2) The heading, style and caption shall appear beneath the name of the attorney.

(3) The case number shall appear on the right side of the page across from the style, with the adversary number, if applicable, below the case number.

(4) The nature of the hearing and the hearing date and time shall appear below the case/adversary number(s).

L.B.R. 5005.2 Filing Papers - Number of Copies.

(a) Number of Copies - Petitions. An original and six copies of a chapter 11

Bankruptcy Terminology

chapter 11: A reorganization bankruptcy, usually involving a corporation or partnership. (A chapter 11 debtor usually proposes a plan of reorganization to keep its business alive and pay creditors over time. People in business or individuals can also seek relief in chapter 11.) petition shall be filed. An original and three copies of a petition under any other chapter shall be filed. The number of copies required to be filed by this Rule includes the copy required by Bankruptcy Rule 1002(b).

(b) Number of Copies - Amendments to Petitions, Lists, Schedules, and Statements of Affairs. An amendment of a petition, list, schedule, or statement shall be filed in the same number as required for the petition as provided in N.D. TX L.B.R. 5005.2(a).

(c) Number of Copies - Adversary Complaint

Bankruptcy Terminology

complaint: The first or initiatory document in a lawsuit that notifies the court and the defendant of the grounds claimed by the plaintiff for an award of money or other relief against the defendant. . An original and one copy of the complaint

Bankruptcy Terminology

complaint: The first or initiatory document in a lawsuit that notifies the court and the defendant of the grounds claimed by the plaintiff for an award of money or other relief against the defendant. shall be filed.

L.B.R. 5005.3 Filing Papers - Size of Papers.

Paper Size - All Documents. The petition, all subsequent pleadings, and any other papers required to be filed shall be submitted on 8 x 11 inch paper. Exhibits to pleadings should be photo reduced in order to conform to the required size of 8 x 11 inch paper.

L.B.R. 5005.4 Electronic Filing and Noticing.

Electronic Filing Authorized Subject to Court Approval. The clerk of the bankruptcy court is authorized to implement methods for electronic filing and noticing subject to the approval of the court. The clerk shall give notice to the bar when implementing methods of electronic filing and noticing.

L.B.R. 5011.1 Withdrawal of Reference.

Motion to Withdraw the Reference of a Case or Proceeding. A motion to withdraw the reference of a case or a proceeding in a case shall be directed to the district court, but shall be filed with the clerk of the bankruptcy court. A status conference on the motion shall be held by the bankruptcy court with notice to all parties involved in a contested matter or adversary proceeding

Bankruptcy Terminology

adversary proceeding: A lawsuit arising in or related to a bankruptcy case that is commenced by filing a complaint with the court. of which the reference is proposed to be withdrawn. At the status conference, the court shall consider and determine the following :

(a) whether any response to the motion to withdraw the reference was filed, and whether the motion was denied;

(b) whether a motion to stay the proceeding pending the district court's decision on the motion to withdraw the reference has been filed, in which court the motion was filed, and the status (pending, granted or denied) of the motion;

(c) whether the proceeding is core or non-core, or both and with regard to the non-core and mixed issues, whether the parties consent to entry of a final order by the bankruptcy court;

(d) whether a jury trial has been timely requested, and if so, whether the parties consent to the bankruptcy judge conducting a jury trial, and whether the district court is requested to designate the bankruptcy court to conduct a jury trial;

(e) if a jury trial has not been timely requested or if the proceeding does not involve a right to jury trial;

(f) whether the bankruptcy court has entered a scheduling order in the proceeding;

(g) whether the parties are ready for trial;

(h) whether the bankruptcy court recommends that

(1) the motion be granted;

(2) the motion be granted upon certification by the bankruptcy court that the parties are ready for trial,

(3) the motion be granted but that pre-trial matters be referred to the bankruptcy court, or (4) the motion be denied

(i) any other matters considered by the bankruptcy court relevant to the decision to withdraw the reference.

Following the completion of the status conference the bankruptcy judge shall prepare a report to the district judge that shall contain the above findings and recommendation and shall have attached any written consent to the bankruptcy judge conducting a jury trial, and any scheduling order entered by the bankruptcy court in the proceeding. Such report shall be entered on the docket by the bankruptcy clerk and noticed in the same manner as the entry of an order. and a copy shall be transmitted to the district clerk.

L.B.R. 5072.1 Courtroom Decorum.

District Court Local Civil Rule 83.16. District Court Local Civil Rule 83.16 applies in all cases and adversary proceedings.

L.B.R. 5075.1 Clerk - Delegated Function of.

Authority to Sign Notices and Orders. Pursuant to 28 U.S.C. 157(b) and 956, The court authorizes the clerk of court to sign and enter the following Notices and Orders for the court:

(a) Notices which require appearances at meetings, hearings, conferences or trials;

(b) Notices to Trustees of Status Conferences;

(c) Notices of the Filing of Trustee

Bankruptcy Terminology

trustee: The representative of the bankruptcy estate who exercises statutory powers, principally for the benefit of the unsecured creditors, under the general supervision of the court and the direct supervision of the United States trustee or Bankruptcy Administrator. 's Final Reports, Applications for Compensation, Proposed Distribution and Deadline for Filing Objections;

(d) Orders Discharging Trustee

Bankruptcy Terminology

trustee: The representative of the bankruptcy estate who exercises statutory powers, principally for the benefit of the unsecured creditors, under the general supervision of the court and the direct supervision of the United States trustee or Bankruptcy Administrator. , Terminating Liability on Bond, and Closing or Converting Chapter 12

Bankruptcy Terminology

chapter 12: The chapter of the Bankruptcy Code providing for adjustment of debts of a "family farmer," as that term is defined in the Code. and Chapter 13

Bankruptcy Terminology

chapter 13: The chapter of the Bankruptcy Code providing for adjustment of debts of an individual with regular income. (Chapter 13 allows a debtor to keep property and pay debts over time, usually three to five years.) Cases;

(e) Orders Accepting Trustee

Bankruptcy Terminology

trustee: The representative of the bankruptcy estate who exercises statutory powers, principally for the benefit of the unsecured creditors, under the general supervision of the court and the direct supervision of the United States trustee or Bankruptcy Administrator. 's Report and Closing Estate in No-Asset Chapter 7

Bankruptcy Terminology

chapter 7: The chapter of the Bankruptcy Code providing for "liquidation," i.e., the sale of a debtor's nonexempt property and the distribution of the proceeds to creditors. Cases where the debtor

Bankruptcy Terminology

debtor: A person who has filed a petition for relief under the bankruptcy laws. has been discharged or the case has been dismissed;

(f) Orders to Show Cause, except for contempt or sanctions;

(g) Orders Granting Applications to Pay Filing Fees in Installments;

(h) Standing Scheduling Orders in Adversary Proceedings;

(i) Standing Scheduling Orders in Involuntary Cases;

(j) Chapter 13

Bankruptcy Terminology

chapter 13: The chapter of the Bankruptcy Code providing for adjustment of debts of an individual with regular income. (Chapter 13 allows a debtor to keep property and pay debts over time, usually three to five years.) Order Discharging Debtor

Bankruptcy Terminology

debtor: A person who has filed a petition for relief under the bankruptcy laws. Upon Completion of Plan (after Trustee

Bankruptcy Terminology

trustee: The representative of the bankruptcy estate who exercises statutory powers, principally for the benefit of the unsecured creditors, under the general supervision of the court and the direct supervision of the United States trustee or Bankruptcy Administrator. 's Final Report and Account);

(k) Order Discharging the Trustee and Closing the Estate (Chapter 7

Bankruptcy Terminology

chapter 7: The chapter of the Bankruptcy Code providing for "liquidation," i.e., the sale of a debtor's nonexempt property and the distribution of the proceeds to creditors. asset cases after the Trustee

Bankruptcy Terminology

trustee: The representative of the bankruptcy estate who exercises statutory powers, principally for the benefit of the unsecured creditors, under the general supervision of the court and the direct supervision of the United States trustee or Bankruptcy Administrator. 's Final Report and Account is filed and all disbursements made); and

(l) Order Converting Case (upon conversion of Chapter 12

Bankruptcy Terminology

chapter 12: The chapter of the Bankruptcy Code providing for adjustment of debts of a "family farmer," as that term is defined in the Code. and 13 cases to Chapter 7

Bankruptcy Terminology

chapter 7: The chapter of the Bankruptcy Code providing for "liquidation," i.e., the sale of a debtor's nonexempt property and the distribution of the proceeds to creditors. );

(m) Other orders as the court may designate by standing order.

L.B.R. 5080.1 Fees - General.

See "Appendix D - SCHEDULE OF FEES" for fee information.

L.B.R. 5081.1 Fees - Form of Payment.

(a) Payment of Filing Fee. Payment of filing fee shall be by cash, cashier's check or money order payable to "Clerk, U.S. Bankruptcy Court."

(b) Payment by Check. Payment by check is permitted only if drawn on the account of the attorney for the debtor or on the account of a law firm of which the attorney for the debtor

Bankruptcy Terminology

debtor: A person who has filed a petition for relief under the bankruptcy laws. is a member, partner, or associate. The check is accepted subject to collection.

 

Part VI. Collection and Liquidation

Bankruptcy Terminology

liquidation: A sale of a debtor's property with the proceeds to be used for the benefit of creditors. of the Estate

L.B.R. 6004.1 Sale of Estate Property.

(a) Clerk's Certificate. Immediately upon the expiration of the notice period provided in Bankruptcy Rule 2002(a) , the clerk shall be authorized to issue a certificate that no objections to the proposed use, sale, or lease were timely filed.

(b) Advance from Estate Funds. In any chapter 7

Bankruptcy Terminology

chapter 7: The chapter of the Bankruptcy Code providing for "liquidation," i.e., the sale of a debtor's nonexempt property and the distribution of the proceeds to creditors. case where the trustee has not been authorized to conduct the business of the debtor

Bankruptcy Terminology

debtor: A person who has filed a petition for relief under the bankruptcy laws. , the trustee

Bankruptcy Terminology

trustee: The representative of the bankruptcy estate who exercises statutory powers, principally for the benefit of the unsecured creditors, under the general supervision of the court and the direct supervision of the United States trustee or Bankruptcy Administrator. may advance from estate funds:

(1) expenses payable to unrelated third parties, subject to the subsequent court approval for reasonableness after notice and hearing, provided that no single such expense exceeds $100.00 and the aggregate amount of such expenses does not exceed $500.00;

(2) adversary filing fees; and

(3) payment of bond premiums as authorized by the United States trustee

Bankruptcy Terminology

United States trustee: An officer of the Justice Department responsible for supervising the administration of bankruptcy cases, estates, and trustees, monitoring plans and disclosure statements, monitoring creditors' committees, monitoring fee applications, and performing other statutory duties. .

L.B.R. 6070.1 Tax Returns & Tax Refunds.

(a) Chapter 12

Bankruptcy Terminology

chapter 12: The chapter of the Bankruptcy Code providing for adjustment of debts of a "family farmer," as that term is defined in the Code. . The standing chapter 12 trustee is authorized to endorse on behalf of any chapter 12 debtor for deposit to the chapter 12 trustee's trust funds account, any and all federal income tax refunds payable to the debtor, and to apply all or any portion thereof to any delinquent payments under the confirmed chapter 12 plan or any modification thereof. The standing chapter 12

Bankruptcy Terminology

chapter 12: The chapter of the Bankruptcy Code providing for adjustment of debts of a "family farmer," as that term is defined in the Code. trustee shall give notice of the deposit and application to the debtor

Bankruptcy Terminology

debtor: A person who has filed a petition for relief under the bankruptcy laws. at the address last shown in the records of the office of the standing chapter 12

Bankruptcy Terminology

chapter 12: The chapter of the Bankruptcy Code providing for adjustment of debts of a "family farmer," as that term is defined in the Code. trustee

Bankruptcy Terminology

trustee: The representative of the bankruptcy estate who exercises statutory powers, principally for the benefit of the unsecured creditors, under the general supervision of the court and the direct supervision of the United States trustee or Bankruptcy Administrator. , and to the debtor

Bankruptcy Terminology

debtor: A person who has filed a petition for relief under the bankruptcy laws. 's attorney of record.

(b) Chapter 13

Bankruptcy Terminology

chapter 13: The chapter of the Bankruptcy Code providing for adjustment of debts of an individual with regular income. (Chapter 13 allows a debtor to keep property and pay debts over time, usually three to five years.). The standing chapter 13 trustee is authorized to endorse, on behalf of any chapter 13 debtor for deposit to the chapter 13 trustee's trust funds account, any and all federal income tax refunds payable to the debtor, and to apply all or any portion thereof to any delinquent payments under the confirmed chapter 13

Bankruptcy Terminology

chapter 13: The chapter of the Bankruptcy Code providing for adjustment of debts of an individual with regular income. (Chapter 13 allows a debtor to keep property and pay debts over time, usually three to five years.) plan or any modification thereof. The standing chapter 13 trustee

Bankruptcy Terminology

chapter 13 trustee: A person appointed to administer a chapter 13 case. (A chapter 13 trustee's responsibilities are similar to those of a chapter 7 trustee; however, a chapter 13 trustee has the additional responsibilities of overseeing the debtor's plan, receiving payments from debtors, and disbursing plan payments to creditors.) shall give notice of such deposit and application to the debtor

Bankruptcy Terminology

debtor: A person who has filed a petition for relief under the bankruptcy laws. at the address last shown in the records of the office of the standing chapter 13

Bankruptcy Terminology

chapter 13: The chapter of the Bankruptcy Code providing for adjustment of debts of an individual with regular income. (Chapter 13 allows a debtor to keep property and pay debts over time, usually three to five years.) trustee

Bankruptcy Terminology

trustee: The representative of the bankruptcy estate who exercises statutory powers, principally for the benefit of the unsecured creditors, under the general supervision of the court and the direct supervision of the United States trustee or Bankruptcy Administrator. , and to the debtor

Bankruptcy Terminology

debtor: A person who has filed a petition for relief under the bankruptcy laws. 's attorney of record.

 

Part VII. Adversary Proceedings

L.B.R. 7001.1 Adversary Proceedings - General.

Adversary Proceedings - Place of Filing. An adversary complaint

Bankruptcy Terminology

complaint: The first or initiatory document in a lawsuit that notifies the court and the defendant of the grounds claimed by the plaintiff for an award of money or other relief against the defendant. shall be filed in the division in which the related chapter case is pending, if such chapter case is pending in this district except as otherwise required by 28 U.S.C. 1409.

L.B.R. 7003.1 Cover Sheet.

Cover Sheet. Every adversary proceeding filed in this district shall be accompanied by an adversary proceeding

Bankruptcy Terminology

adversary proceeding: A lawsuit arising in or related to a bankruptcy case that is commenced by filing a complaint with the court. cover sheet obtainable from the clerk.

L.B.R. 7004.2 Summons.

Issuance of Summons. Prior to the issuance of a summons by the clerk, a party requesting a Summons shall submit to the clerk two summons forms with the caption and name and address of plaintiff

Bankruptcy Terminology

plaintiff: A person or business that files a formal complaint with the court. 's attorney portions of the summons completed.

L.B.R. 7007.1 Motion Practice in Adversary Proceedings.

(a) District Court Local Civil Rule 7.1. District Court Local Civil Rule 7.1 applies in adversary proceedings. See also, Appendix "A", Uniform Requirements on Motion Practice in Adversary Proceedings.

(b) District Court Local Civil Rule 12.1. District Court Local Civil Rule 12.1 applies in adversary proceedings.

L.B.R. 7016.1 Pre-trial Procedures.

(a) District Court Local Civil Rule 16.4. District Court Local Civil Rule 16.4 applies in adversary proceedings.

(b) Conflict between Scheduling Order and Local Rule. In any conflict between a scheduling order entered in an adversary proceeding

Bankruptcy Terminology

adversary proceeding: A lawsuit arising in or related to a bankruptcy case that is commenced by filing a complaint with the court. and these Local Rules, the scheduling order controls.

L.B.R. 7026.1 Discovery - General.

District Court Local Civil Rule 5.2. District Court Local Civil Rule 5.2, applies in adversary proceedings. When a deposition is reasonably expected to be used at trial it shall be pre-marked for identification as a trial exhibit and exchanged pursuant to order of the presiding judge.

L.B.R. 7040.1 Assignment of Adversary Proceedings.

(a) Adversary Proceeding Related to a Case in this District. Except where considerations for equalization of the docket otherwise dictate, adversary proceedings will be assigned to the Bankruptcy Judge to whom the related chapter proceeding is assigned.

(b) Adversary Proceeding

Bankruptcy Terminology

adversary proceeding: A lawsuit arising in or related to a bankruptcy case that is commenced by filing a complaint with the court. Related to a Case in Another District. Whenever an adversary proceeding

Bankruptcy Terminology

adversary proceeding: A lawsuit arising in or related to a bankruptcy case that is commenced by filing a complaint with the court. which is related to a chapter case pending in another district i