LOCAL RULES UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE (Effective February 1, 2006)

 
TABLE OF CONTENTS
 
PART I. COMMENCEMENT OF CASE; PROCEEDINGS RELATING TO PETITION AND ORDER FOR RELIEF
Rule 1001-1 Scope of Rules
Rule 1002-1
Commencement of Case
Rule 1006-1
Filing Fees
Rule 1007-1
Lists, Schedules and Statements
Rule 1007-2
List of Creditors/Mailing Matrix
Rule 1009-1
Notice by Chapter 7 or Chapter 13 Debtor to Creditors Not Scheduled Prior to Meeting of Creditors
Rule 1009-2 Notice of Amendment of Schedules in Chapter 11 Cases
Rule 1014-1
Transfer of Cases or Adversary Proceedings to Another District
Rule 1015-1
Joint Administration of Cases Pending in the Same Court
Rule 1017-1
Petition Deficiencies
 
PART II. OFFICERS AND ADMINISTRATION; NOTICES; MEETINGS; EXAMINATIONS; ELECTIONS; ATTORNEYS AND ACCOUNTANTS
Rule 2002-1 Notices to Creditors, Equity Security Holders, United States, and United States Trustee
Rule 2003-1
Submission of Interrogatories in Lieu of Live Testimony at Meetings Conducted Pursuant to 11 U.S.C. § 341 in Chapter 7 and Chapter 13 Cases
Rule 2004-1
Rule 2004 Examinations
Rule 2011-1
Certification of Debtor-In-Possession Status or Trustee Qualification
Rule 2014-1
Employment of Professional Persons
Rule 2015-2
Debtor-in-Possession Bank Accounts in Chapter 11 Cases
Rule 2016-1
Disclosure of Compensation
Rule 2016-2
Motion for Compensation and Reimbursement of Expenses
 
PART III. CLAIMS AND DISTRIBUTION TO CREDITORS AND EQUITY INTEREST HOLDERS; PLANS
Rule 3001-1
Proofs of Claim in Chapter 7, 12 and 13 Cases
Rule 3003-1
Proofs of Claim in Chapter 11 Case
Rule 3007-1 Omnibus Objection to Claims.
Rule 3011-1
Release of Funds Paid into the Registry of the Court
Rule 3017-1 Approval of Disclosure Statement
Rule 3023-1
Special Procedures in Chapter 13 Matters
 
PART IV. THE DEBTOR: DUTIES AND BENEFITS
Rule 4001-1 Procedure on Request for Relief from the Automatic Stay of 11 U.S.C. § 362(a)
Rule 4001-2
Cash Collateral and Financing Orders
Rule 4002-1 Duties of Debtor under 11 U.S.C. § 521 in Chapter 7 and 13 Cases
Rule 4003-1 Exemptions
Rule 4004-1
Automatic Extension of Time to File Complaint Objecting to Discharge in Event of Amendment
Rule 4007-1
Automatic Extension of Time to File Complaint to Determine Dischargeability of a Debt in Event of Amendment
 
PART V. COURTS AND CLERKS
Rule 5001-2 Clerk's Office; Hours; After Hours Filing
Rule 5005-2 Facsimile Documents
Rule 5005-4
Electronic Filing
Rule 5009-1
Closing of Chapter 11 Cases
Rule 5009-2
Closing of Chapter 7 Cases
Rule 5011-1
Motions for Withdrawal of Reference from Bankruptcy Court
 
PART VI. COLLECTION AND LIQUIDATION OF THE ESTATE
No Local Rules.
 
PART VII. ADVERSARY PROCEEDINGS
Rule 7003-1
Adversary Proceeding Cover Sheet
Rule 7004-1
Service on Foreign Parties
Rule 7004-2
Summons and Notice of Pretrial Conference in an Adversary Proceeding
Rule 7007-1
Briefs: When Required and Schedule
Rule 7007-2 Form and Contents of Briefs and Appendices
Rule 7007-3
Oral Argument, Hearing on Adversary Proceeding Motions
Rule 7007-4 Notice of Completion of Briefing, and Notice of Completion of Briefing Binder
Rule 7016-1
Fed. R. Civ. P. 16 Scheduling Conference
Rule 7016-2
Pretrial Conference
Rule 7016-3
Telephonic Fed. R. Civ. P. 16 Scheduling Conference or Pretrial Conference
Rule 7030-1
Who May Attend Deposition
Rule 7055-1 Default
 
PART VIII. APPEALS TO DISTRICT COURT OR BANKRUPTCY APPELLATE PANEL
Rule 8001-1
Appeals From Bankruptcy Court Orders
Rule 8001-2
Appeals from District Court Orders
Rule 8006-1
Filing of Copies of Record on Appeal
 
PART IX. GENERAL PROVISIONS
Rule 9004-1
Caption
Rule 9006-1 Time for Service and Filing of Motions and Objections
Rule 9006-2
Bridge Orders Not Required in Certain Circumstances
Rule 9010-1
Representation and Appearance by Counsel
Rule 9010-2
Substitution; Withdrawal
Rule 9011-1
Signing of Electronically Transmitted Pleadings; Representations to the Court
Rule 9013-1
Motions
Rule 9013-3
Service Copies
Rule 9018-1
Lodged Exhibits; Documents under Seal
Rule 9019-2
Mediator and Arbitrator Qualifications and Compensation
Rule 9019-3
Assignment of Disputes to Mediation or Voluntary Arbitration
Rule 9019-4
Arbitration
Rule 9019-5
Mediation
Rule 9019-6
Other Alternative Dispute Resolution Procedures
Rule 9019-7
Notice of Court Annexed Alternative Dispute Resolution Program
Rule 9022-1
Service of Judgment or Order
Rule 9029-3
Hearing Agenda Required
Rule 9036-1
Electronic Transmission
 
LOCAL FORMS
Fee Application Cover Sheet ........................................................................................................................... Local Form 101
Fee Application Attachment B ........................................................................................................................ Local Form 102
Chapter 13 Plan ................................................................................................................................................... Local Form 103
Chapter 13 Plan Analysis .................................................................................................................................. Local Form 104
Motion and Order for Admission Pro Hac Vice ............................................................................................ Local Form 105
Notice of Motion ................................................................................................................................................ Local Form 106
Notice of Motion for Relief from Stay ......................................................................................................... Local Form 106A
Certification of No Objection ........................................................................................................................... Local Form 107
Summons and Notice ......................................................................................... Local Form 108 (WordPerfect) (MS Word)
Adversary Proceeding Cover Sheet ................................................................................................................ Local Form 109
Application for Admission to Mediation/Voluntary Arbitration Program Register ............................. Local Form 110A
Notice of Dispute Resolution Alternatives ................................................................................................. Local Form 110B
Notice of Agenda of Matters Scheduled for Hearing .................................................................................. Local Form 111
Certificate of Retention of Debtor-In-Possession in Chapter 11 ............................................................. Local Form 112A
Certificate of Trustee’s Authorization to Operate Debtor’s Business in Chapter 7 ............................. Local Form 112B
Notice of Objection to Claim ............................................................................................................................ Local Form 113
 
PART I. COMMENCEMENT OF CASE; PROCEEDINGS RELATING TO PETITION AND ORDER FOR RELIEF
 
Rule 1001-1 Scope of Rules.
(a) Title and Citation. These rules (“Local Rules” or “Rules”) shall be known as the “Local Rules of Bankruptcy Practice and Procedure of the United States Bankruptcy Court for the District of Delaware”(the “Court”). They may be cited as “Del. Bankr. L.R. __.”
 
(b) Application. These Local Rules and the Local Rules of Civil Practice and Procedure of the United States District Court (the “District Court”) for the District of Delaware (the “District Court Rules”or “D. Del. L.R.”) shall be followed insofar as they are not inconsistent with the Bankruptcy Code (the “Code”) and the Federal Rules of Bankruptcy Procedure (“Fed. R. Bankr. P.”). The Local Bankruptcy Forms of the United States Bankruptcy Court for the District of Delaware (the “Local Forms”) may be revised from time to time, subject to approval by the Chief Judge of the Court and the Clerk of the Court (the “Clerk”). These Local Rules, the Local Forms, the Clerk’s Office Procedures and each Judge's chambers procedures are available on the Court’s website at www.deb.uscourts.gov (the “Court’s website”). Unless otherwise noted in these Local Rules or ordered by the Court, all filings in the District of Delaware relating to cases under Title 11 shall be made with the Clerk and shall be governed by these Local Rules and the District Court Rules, in addition to the Fed. R. Bankr. P. The Federal Rules of Civil Procedure (“Fed. R. Civ. P.”) are applicable only to the extent provided herein or in the Fed. R. Bankr. P.
 
(c) Modification. The application of these Local Rules in any case or proceeding may be modified by the Court in the interest of justice.
 
(d) Effective Date. These Local Rules became effective on February 1, 2001. The amendments to these Local Rules become effective on February 1, 2006.
 
(e) Relationship to Prior Rules; Actions Pending on Effective Date. These Local Rules supersede all previous Local Rules promulgated by the Court, but do not affect any General Order issued by the Court or any chambers procedures of any Judge of the Court. They shall govern all cases or proceedings filed after their effective date. They shall also apply to all proceedings pending on the effective date, except to the extent that the Court finds they would not be feasible or would work injustice.
 
Rule 1002-1 Commencement of Case.
(a) Petitions –Generally. All petitions shall be in compliance with the requirements set forth in the Clerk’s Office Procedures, the Code, the Fed. R. Bankr. P. and their official forms (“Official Form”) and these Local Rules.
 
(b) Petitions by Non-Individuals. Any petitioner other than an individual shall be represented by counsel. In a voluntary case, there shall be filed on the petition date a resolution authorizing the commencement of the bankruptcy case executed by the body whose approval is required for the commencement of a bankruptcy case under applicable law.
 
(c) Notice Regarding Filing of a Chapter 11 Petition. Unless there are exigent circumstances, counsel for the debtor shall contact the United States Trustee and the Clerk at least forty-eight (48) hours prior to filing the petition, for the purpose of advising the United States Trustee and the Clerk of the anticipated filing of the petition (without disclosing the identity of the debtor) and the matters on which the debtor intends to seek immediate relief. Counsel shall also comply with the noticing provisions set forth in Local Rule 9013-1(m)(iii).
 
Rule 1006-1 Filing Fees.
(a) Petition Filing Fees. Petition filing fees are due at the time of filing, except as expressly provided in this Local Rule.
 
(b) Payment of Filing Fee in Installments. Individual filers may file with the petition an Application to Pay Filing Fee in Installments substantially in conformity with the form provided by the Clerk’s office (the “Clerk's Office”). The application must be accompanied by a minimum initial payment of 25% of the filing fee. The number of installments shall not exceed four (4). The Court will issue an order regarding such application, without need for a hearing, unless the Court directs otherwise. Failure to comply with the provisions of the order may result in dismissal of the case.
 
(c) Application for Waiver of Fee in an Individual Chapter 7. An individual chapter 7 filer may file an Application for Waiver of the Chapter 7 Filing Fee substantially in compliance with the Official Form. An order will be entered regarding such application, without need for a hearing, unless the Court directs otherwise.
 
(d) Case Reopening Fees. Case reopening fees are due at the time of filing of a motion to reopen unless the reopening is (i) to correct an administrative error, (ii) to take action relating to the debtor’s discharge or (iii) accompanied by a request that the reopening fee be waived or deferred.
 
(e) Schedule of Fees. The schedule of fees is available at the Clerk’s Office and on the Court’s website.
 
Rule 1007-1 Lists, Schedules and Statements.
(a) Required lists, Schedules and Statements of Financial Affairs shall be filed in accordance with the Fed. R. Bankr. P., the Code and these Local Rules and shall be in compliance with the appropriate Official Form and Local Forms, if any. The Clerk’s Office Procedures should be consulted for a list of such requirements.
 
(b) Time for Filing Schedules and Statement of Financial Affairs in a Voluntary Chapter 11 Case. In a voluntary chapter 11 case, if the bankruptcy petition is accompanied by a list of all the debtor’s creditors and their addresses, in accordance with Local Rule 1007-2, and if the total number of creditors in the debtor’s case (or, in the case of jointly administered cases, the debtors’cases) exceeds 200, the time within which the debtor shall file its Schedules and Statement of Financial Affairs required under the Fed. R. Bankr. P. shall be extended to thirty (30) days from the petition date. Any further extension shall be granted, for cause, only upon filing of a motion by the debtor on notice in accordance with the Local Rules.
 
 
Rule 1007-2 List of Creditors/Mailing Matrix.
In all voluntary cases, the debtor shall file with the petition a list containing the name and complete address of each creditor in such format as directed by the Clerk’s Office Procedures. In an involuntary case, such list must be filed by the debtor within fifteen (15) days after the petition date.
 
Rule 1009-1 Notice by Chapter 7 or Chapter 13 Debtor to Creditors Not Scheduled Prior to Meeting of Creditors.
If at any time after the Court issues notice of the meeting of creditors under 11 U.S.C. § 341 in a chapter 7 or chapter 13 case the debtor amends Schedule D, E or F and/or the creditor matrix to add any creditor(s), the following procedures shall apply: (a) The debtor shall pay the prescribed filing fee; (b) The debtor shall serve upon such additional creditor(s) by first class mail: (i) A copy of the original notice of meeting of creditors under 11 U.S.C. § 341; (ii) A notice informing the creditor of the right to file a proof of claim by the later of the bar date in the original notice or twenty (20) days from the date of a later notice; (iii) A notice informing the creditor of the automatic extension of time to file a complaint under Local Rules 4004-1 and 4007-1; and (c) The debtor shall file a certificate of service with the Court and provide an amended creditor matrix to the Clerk in such format as the Clerk’s Office may direct.
 
Rule 1009-2 Notice of Amendment of Schedules in Chapter 11 Cases.
Whenever the debtor or trustee in a chapter 11 case amends the debtor’s schedules to change the amount, nature, classification or characterization of a debt owing to a creditor after a bar date has been set, the debtor or trustee shall, within ten (10) days, transmit notice of the amendment to the creditor and notice of the creditor’s right to file a proof of claim by the later of the bar date (if any) or twenty (20) days from the date of a later notice. The debtor or trustee shall file a certificate of service of the notice with the Clerk, within five (5) days.
 
 
Rule 1014-1 Transfer of Cases or Adversary Proceedings to Another District.
If a case or adversary proceeding is ordered transferred from this district, unless the transfer order is stayed, the Clerk shall, within two (2) days of entry of such order, send to the transferee Court by overnight courier (or electronically at the transferee Court’s option) (a) certified copies of the Court’s or the District Court’s order (and opinion, if any) transferring the case, and the docket entries in the case or adversary proceeding and (b) all pleadings that have been filed in the case or adversary proceeding. When transfer is ordered by the District Court, the Clerk of the District Court shall transmit the order of the District Court Judge to the Clerk, who shall transfer the file as set forth above.
 
 
Rule 1015-1 Joint Administration of Cases Pending in the Same Court.
If two (2) or more petitions are pending in the same Court by or against (a) a partnership and one (1) or more of its general partners, (b) two (2) or more general partners or (c) a debtor and an affiliate, the Court may order a joint administration of the estates, without notice or hearing. An order of joint administration may be entered upon the filing of a motion for joint administration, together with an affidavit or verification, which establishes that the joint administration of the respective debtors’ estates is warranted and will ease the administrative burden for the Court and the parties. An order of joint administration entered in accordance with this Local Rule may be reconsidered upon motion of any party in interest at any time. Joint administration under this Local Rule shall not cause a consolidation of the respective debtors’estates.
 
 
Rule 1017-1 Petition Deficiencies.
A debtor filing a petition under chapter 7 or chapter 13 of the Code without all the documents required by the Fed. R. Bankr. P., the Code, these Local Rules and the Clerk’s Office Procedures will receive a deficiency notice specifying time limits for the filing of the required documents. If the required documents are not filed by the deadline specified in such notice, and the debtor has neither sought nor obtained an extension of such deadline from the Court, the petition may be dismissed.
 
 
 
PART II. OFFICERS AND ADMINISTRATION; NOTICES; MEETINGS; EXAMINATIONS; ELECTIONS; ATTORNEYS AND ACCOUNTANTS
 
Rule 2002-1 Notices to Creditors, Equity Security Holders, United States, and United States Trustee.
(a) Omnibus Hearings. In those chapter 11 cases in which the Court determines that this Local Rule shall apply, the Court shall set omnibus hearing dates for the cases. The Court will enter an order setting omnibus hearing dates that may be obtained by anyone interested in the case by (i) viewing the case docket, (ii) contacting the Court or (iii) contacting counsel for the debtor. Time permitting, at each omnibus hearing date, the Court will hear all motions timely filed under these Local Rules by any party in interest in the case in the order docketed with the Court, unless the Court directs otherwise.
 
(b) Service. In chapter 11 cases, all motions (except matters specified in Fed. R. Bankr. P. 2002(a)(1), (4), (5), (7), 2002(b) and 2002(f) and Local Rules 4001-1 and 9013-2) shall be served only upon counsel for the debtor, the United States Trustee, counsel for all official committees, all parties who file a request for service of notices under Fed. R. Bankr. P. 2002(i) and all parties whose rights are affected by the motion. If an official unsecured creditors’committee has not been appointed, service shall be made on the twenty (20) largest unsecured creditors in the case in lieu of the creditors’ committee.
  (i) Service of Papers on the United States Trustee.
      (A) Service by Overnight Mail. Service on the United States Trustee shall be made by overnight mail or hand delivery of papers that require a response within five (5) days or less or that relate to a Court hearing scheduled to take place within five (5) days of the date of service.
      (B) Service by Fax. Service by fax shall be limited to emergent situations where action or response is required within forty-eight (48) hours. Every effort shall be made to limit faxes to a maximum of twenty (20) pages per document. If it is necessary to serve via fax a document that will exceed twenty (20) pages in length, the serving party shall telephone the intended recipient(s) in advance to obtain permission to send the fax.
 
(c) Service List. Counsel for the debtor shall be responsible for maintaining a list of all parties who are entitled to receive service (as set forth in Local Rule 2002-1(b)) and shall furnish it, upon request, to any party.
 
(d) Entry of Appearance. Any attorney entering his or her appearance in a chapter 11 case shall include in the Notice of Appearance the attorney’s (i) name, (ii) mailing address, including street address for overnight and hand delivery, (iii) telephone number, (iv) facsimile number, (v) e-mail address, if any and (vi) party represented.
 
(e) Bar Date. In all cases under chapter 11, the debtor may request a bar date for the filing of proofs of claim or interest. The request may be granted without notice and hearing if (i) the request gives ten (10) days’ notice to the United States Trustee and the creditors’ committee (or the twenty (20) largest unsecured creditors if no creditors’committee is formed), (ii) the request is filed after the Schedules and Statement of Financial Affairs have been filed and the 11 U.S.C. § 341(a) meeting of creditors has been held and (iii) the request provides that the bar date shall be not less than sixty (60) days from the date that notice of the bar date is served (and not less than 180 days from the order for relief for governmental units). On entry of the bar date order, the debtor shall serve actual written notice of the bar date on (A) all known creditors and their counsel (if known), (B) all parties on the service list described in Local Rule 2002-1(c), (C) all equity security holders, (D) indenture trustees, (E) the United States Trustee and (F) all taxing authorities for the jurisdictions in which the debtor does business.
 
(f) Notice and Claims Clerk. Upon motion of the debtor or trustee, at any time without notice or hearing, the Court may authorize the retention of a notice and/or claims clerk under 28 U.S.C. § 156(c). In all cases with more than 200 creditors, the debtor shall file such motion on the first day of the case or within ten (10) days thereafter. The notice and/or claims clerk may be retained to do any or all of the following: (i) prepare and serve all notices required in the case; (ii) maintain copies of all proofs of claim and proofs of interest filed in the case; (iii) maintain the official claims register; (iv) maintain an up-to-date mailing list of all creditors and all entities who have filed proofs of claim or interest and/or requests for notices in the case; (v) assist the debtors with the reconciliation and resolution of claims; and (vi) mail and tabulate ballots for purposes of voting in chapter 11 cases. Within five (5) days of the mailing of any notice, the notice/claims clerk shall file with the Court such notice, along with an affidavit of service.
 
Rule 2003-1 Submission of Interrogatories in Lieu of Live Testimony at Meetings Conducted Pursuant to 11 U.S.C. § 341 in Chapter 7 and Chapter 13 Cases.
(a) Upon written motion, and after notice and an opportunity for hearing, the Court may, for cause, permit a debtor to submit to examination by written interrogatories in lieu of the debtor’s live appearance at a meeting of creditors or equity security holders convened under 11 U.S.C. § 341.
 
(b) A motion to proceed by written interrogatories filed by the debtor shall be served upon the interim trustee or the case trustee, as appropriate, the United States Trustee and all creditors who have filed a request for notices under Fed. R. Bankr. P. 2002. A notice of the filing of the motion to proceed by written interrogatories shall be served upon all creditors who have not been served with the full motion.
 
(c) The form of the written interrogatories shall be determined by the interim trustee or the case trustee, as appropriate.
 
(d) The original copy of the debtor’s answers to written interrogatories shall be filed by the debtor with the Court and served upon the case trustee or the interim trustee, as appropriate.
 
Rule 2004-1 Rule 2004 Examinations.
(a) Conference Required. Prior to filing a motion for examination or for production of documents under Fed. R. Bankr. P. 2004, counsel for the moving party shall attempt to confer (in person or telephonically) with the proposed examinee or the examinee’s counsel (if represented by counsel) to arrange for a mutually agreeable date, time, place and scope of an examination or production. If an agreement is reached, no motion shall be required, but a notice setting forth the identity of the examinee, and the date, time, place and scope of the examination or production shall be filed and served in accordance with this Local Rule.
 
(b) Certification of Conference Required. All motions for examination or production under this Local Rule shall include a certification of counsel that either (i) a conference was held as required and no agreement could be reached or (ii) a conference could not be held and an explanation of why such conference could not be held.
 
(c) Service Requirements. In addition to any other rules of service that generally apply, all motions for or notices of examination or production of documents shall be served upon the following parties, through their counsel, if represented: (i) the debtor; (ii) the trustee; (iii) the United States Trustee; (iv) all official committees; and (v) the proposed examinee or party producing documents. All such motions shall be accompanied by a notice of motion setting forth (A) an objection, response or answer deadline not less than five (5) days from service of the motion and (B) the date, time and place of the hearing. Such objection, response or answer deadline shall be no less than three (3) days prior to the hearing.
 
Rule 2011-1 Certification of Debtor-In-Possession Status or Trustee Qualification.
Whenever evidence is required that a debtor is a Debtor-in-Possession or that a trustee has qualified, the Clerk or the Clerk’s designee may so certify in a document substantially in conformity with Local Form 112A or 112B.
 
Rule 2014-1 Employment of Professional Persons.
(a) Motion for Approval. Any entity seeking approval of employment of a professional person under 11 U.S.C. § 327, 1103(a) or 1114 or Fed. R. Bankr. P. 2014 (including retention of ordinary course professionals) shall file with the Court a motion, a supporting affidavit or verified statement of the professional person and a proposed order for approval. Promptly after learning of any additional material information relating to such employment (such as potential or actual conflicts of interest), the professional employed or to be employed shall file and serve a supplemental affidavit setting forth the additional information.
 
(b) Notice and Hearing. All retention motions filed on the petition date shall be heard on the first omnibus date set in the case or the final Debtor-in-Possession financing hearing that allows adequate notice of the retention motion and hearing in accordance with Local Rules 9013-1 and 2002-1(b). If the retention motion is granted, the retention shall be effective as of the date the motion was filed, unless the Court orders otherwise.
 
Rule 2015-2 Debtor-in-Possession Bank Accounts in Chapter 11 Cases.
(a) Bank Accounts and Checks. Where the debtor uses pre-printed checks, upon motion of the debtor, the Court may, without notice and hearing, permit the debtor to use its existing checks without the designation “Debtor-in-Possession”and use its existing bank accounts. However, once the debtor’s existing checks have been used, the debtor shall, when reordering checks, require the designation of “Debtor-in-Possession” and the corresponding bankruptcy number on all such checks.
 
(b) Section 345 Waiver. No waiver of the investment requirements of 11 U.S.C. § 345 shall be granted by the Court, except on notice with an opportunity for hearing, in accordance with these Local Rules. However, if a motion for such a waiver is filed on the first day of a chapter 11 case in which there are more than 200 creditors, the Court may grant an interim waiver until a hearing on the debtor’s motion can be held.
 
Rule 2016-1 Disclosure of Compensation.
 
Any attorney representing the debtor under the Code, or in connection with such a case, whether or not such attorney applies for compensation under the Code, shall file with the Court a statement of compensation paid or agreed to be paid, if such payment or agreement was made after one (1) year before the petition date, for services rendered or to be rendered in contemplation of or in connection with the case by such attorney and the source of such compensation as required by 11 U.S.C. § 329 and Fed. R. Bankr. P. 2016(b).
Rule 2016-2 Motion for Compensation and Reimbursement of Expenses.
(a) Scope of Rule. This Rule applies to:
    (i) Any motion of a professional person employed under 11 U.S.C. § 327, 328 or 1103 requesting approval for compensation and/or reimbursement of expenses; and
    (ii) Any request of an entity for payment of an administrative expense under 11 U.S.C. § 503(b)(3) or 503(b)(4).
 
(b) Effect of Rule. Any such motion or request for payment, in addition to complying with the Code and the Fed. R. Bankr. P. applicable to the filing and the contents of such a motion, shall comply with the information and certification requirements listed in Local Rule 2016-2(c)-(f). Any such motion not in compliance with these requirements will not be considered by the Court, unless a waiver is obtained under Local Rule 2016-2(g).
 
(c) General Information Requirements.
    (i) The motion shall include, as its first page(s), Local Form 101 and the information requested therein (categories given are examples).
    (ii) Immediately thereafter, the motion shall include Local Form 102 and the information requested therein (categories given are examples). Where the applicant deems appropriate, the motion may also include a firm resume.
    (iii) The narrative portion of the motion shall inform the Court of circumstances that are not apparent from the activity descriptions or that the applicant wishes to bring to the attention of the Court, including special employment terms, billing policies, expense policies, voluntary reductions, reasons for the use of multiple professionals for a particular activity or reasons for substantial time billed relating to a specific activity.
 
(d) Information Requirements Relating to Compensation Requests. Such motion shall include activity descriptions which shall be sufficiently detailed to allow the Court to determine whether all the time, or any portion thereof, is actual, reasonable and necessary and shall include the following:
    (i) All activity descriptions shall be divided into general project categories of time;
    (ii) All motions shall include complete and detailed activity descriptions;
    (iii) Each activity description shall include a time allotment;
    (iv) Activities shall be billed in increments of tenths of an hour (six (6) minutes);
    (v) Each activity description shall include the type of activity (e.g., phone call, research);
    (vi) Each activity description shall include the subject matter (e.g., exclusivity motion, section 341 meeting);
    (vii) Activity descriptions shall not be lumped -- each activity shall have a separate description and a time allotment;
    (viii) Travel time during which no work is performed shall be separately described and may be billed at no more than 50% of regular hourly rates;
    (ix) The activity descriptions shall individually identify all meetings and hearings, each participant, the subject(s) of the meeting or hearing, and the participant’s role; and
    (x) Activity descriptions shall be presented chronologically or chronologically within each project category.
 
(e) Information Requirements Relating to Expense Reimbursement Requests.
    (i) The motion shall contain an expense summary by category for the entire period of the request. Examples of such categories are computer-assisted legal research, photocopying, outgoing facsimile transmissions, airfare, meals and lodging.
    (ii) Following the summary, the motion shall itemize each expense within each category, including the date the expense was incurred, the charge and the individual incurring the expense, if available.
    (iii) The motion shall state the requested rate for copying charges (which shall not exceed $.10 per page), computer-assisted legal research charges (which shall not be more than the actual cost) and outgoing facsimile transmission charges (which shall not exceed $1.00 per page, with no charge for incoming facsimiles).
    (iv) Receipts or other support for each disbursement or expense item for which reimbursement is sought must be retained and be available on request.
 
(f) Certification Requirement. The motion shall also contain a statement that the professional person seeking approval of the motion has reviewed the requirements of this Local Rule and that the motion complies with this Local Rule.
 
(g) Waiver Procedure. An employed professional person or entity within the scope of this Local Rule may request that the Court waive, for cause, one or more of the information requirements of this Local Rule. Such a request should be made in the same motion in which the person seeks Court approval to be employed, or as soon as possible thereafter, and shall be served on debtor’s counsel, counsel to any official committee and the United States Trustee. The caption of any motion that contains a waiver request shall explicitly state that the person is seeking a waiver of one or more of the information requirements of this Local Rule.
 
(h) Form of Order. The form of order submitted to the Court shall specifically recite the amounts requested in fees and in expenses.
(i) Fee Examiners. The Court may, in its discretion or on motion of any party, appoint a fee examiner to review fee applications and make recommendations for approval.
 
PART III. CLAIMS AND DISTRIBUTION TO CREDITORS AND EQUITY INTEREST HOLDERS; PLANS
 
Rule 3001-1 Proofs of Claim in Chapter 7, 12 and 13 Cases.
Any entity filing a proof of claim in a chapter 7, 12 or 13 case shall provide the Clerk with the original proof of claim and one (1) copy for the trustee and shall serve a copy on debtor’s counsel or the debtor, if pro se. Any entity that files a proof of claim by mail and wishes to receive a clocked-in copy by return mail must include an additional copy of the proof of claim and a self-addressed, postage-paid envelope.
 
Rule 3003-1 Proofs of Claim in Chapter 11 Case.
Any entity filing a proof of claim in a chapter 11 case shall file with the claims agent or, if no claims agent is appointed by the Court, the Clerk’s Office, the original proof of claim and one (1) copy and shall serve a copy on the trustee, if any. Any entity that files a proof of claim by mail and wishes to receive a clocked-in copy by return mail must include an additional copy of the proof of claim and a self-addressed, postage-paid envelope.
 
Rule 3007-1 Omnibus Objection to Claims.
(a) Scope of Rule. This Local Rule applies to any objection to the allowance of a claim under an omnibus objection (i.e., an objection to claims asserted by more than one claimant) (“Objection”).
 
(b) Effect of Rule. In addition to complying with those sections of the Code and those rules of the Fed. R. Bankr. P. generally applicable to an objection to the allowance of a claim, any Objection shall comply with the information and certification requirements listed in Local Rule 3007-1(c)-(f).
 
(c) Filed v. Scheduled Claim. If a claim has been scheduled on the debtor’s schedules of liabilities and is not listed as disputed, contingent or unliquidated and a proof of claim has not been filed under Fed. R. Bankr. P. 3003, 3004 and/or 3005, the debtor may not object to the claim. Instead, the debtor must amend the schedules under Fed. R. Bankr. P. 1009 and provide notice as required by Local Rule 1009-2.
 
(d) Substantive v. Non-Substantive Objections. An Objection is deemed to be on a substantive basis unless it is based on one or more of the following:
    (i) A duplicate claim; provided, however, that a claim filed against two different debtors is not a duplicate claim unless the cases have been substantively consolidated by order of the Court;
    (ii) A claim filed in the wrong case;
    (iii) An amended or superseded claim;
    (iv) A late filed claim;
    (v) A claim filed by a shareholder based on ownership of stock; provided, however, that an Objection with respect to a claim filed by a shareholder for damages shall be deemed a substantive Objection;
    (vi) A claim without any supporting documents attached thereto; provided, however, that if a claim has attached to it any supporting documents regardless of content, then the Objection shall be deemed substantive;
     
    (vii) A claim that is objectionable under 11 U.S.C. § 502(e)(1); and
     
    (viii) Incorrect classification of a claim; provided, however, that an Objection based on incorrect classification of a claim (A) is separately filed, (B) provides in its title (or otherwise conspicuously states) that substantive rights may be affected by this Objection and by any further Objection that may be filed and (C) otherwise complies with these Local Rules.
(e) General Requirements for Objections.
    (i) Objection. Each Objection shall conform to the following requirements:
      (A) Each Objection shall be filed as either substantive or non-substantive, but not both. A particular claim may be subject to both a substantive and a non-substantive Objection;
      (B) The title of the Objection shall clearly state whether the Objection is on substantive or non-substantive grounds;
      (C) Objections shall be numbered consecutively regardless of basis, i.e., 1st Omnibus (books and records), 2nd Omnibus (duplicate claims); not 1st Omnibus (books and records), 1st Omnibus (duplicate claims);
      (D) Exhibit(s) of claims to which the Objection relates, which exhibit(s) shall be consistent with Local Rule 3007-1(e)(iii), must be attached to the Objection; and
      (E) The Objection shall also contain a statement by the objector or the objector's counsel that the Objection complies with this Local Rule.
    (ii) Affidavit or Declaration. If an affidavit or declaration is filed in support of the Objection, it shall state that the information contained in the exhibit is true and correct to the best of the objector’s knowledge and belief.
    (iii) Exhibits.
      (A) Each exhibit attached to an Objection shall include, at a minimum, the information identified in the following table, with such information entered in the respective boxes as appropriate:
(1) Name of Claimant
(2) Claim Number
(3) Claim Amount
(4) Reason for Proposed Disallowance
       
       
      (B) Each exhibit shall contain only those claims to which there is one common basis for objection (e.g., exhibit A duplicate claims; exhibit B amended or superceded claims).
      (C) A claim for which there are two or more bases for objection (e.g., a claim that is both duplicative and late filed) shall be referenced on each applicable exhibit.
      (D) Each exhibit shall have the claims listed alphabetically by the last name of the claimant (in the case of an individual) or the name of the entity (in the case of a corporation, partnership, limited liability company, etc.).
      (E) If an Objection seeks to reduce the amount of a claim, a column shall be added between columns (3) & (4) titled "Modified Claim Amount," and column (4) shall be changed from "Reason for Disallowance" to "Reason for Modification."
(1) Name of Claimant
(2) Claim Number
(3) Claim Amount
Modified Claim Amount
(4) Reason for Modification
         
         
      (F) If an Objection seeks to change the classification of a claim, two columns shall be added between columns (3) & (4) titled "Claim Classification Status" and "Modified Classification Status," and column (4) shall be changed from "Reason for Disallowance" to "Reason for Reclassification."
(1) Name of Claimant
(2) Claim Number
(3) Claim Amount
Claim Classification Status
Modified Classification Status
(4) Reason for Reclassification
           
           
      (G) If an Objection seeks to change the priority of a claim, two columns shall be added between columns (3) & (4) titled "Claim Priority Status" and "Modified Priority Status," and column (4) shall be changed from "Reason for Disallowance" to "Reason for Modification."
(1) Name of Claimant
(2) Claim Number
(3) Claim Amount
Claim Priority Status
Modified Priority Status
(4) Reason for Modification
           
           
      (H) If an Objection seeks to expunge amended or duplicate claims, the title of column (2) shall be changed from "Claim Number" to "Remaining Claim Number" and a column shall be added between columns (2) & (3) titled "Duplicate or Amended Claim to be Expunged."
(1) Name of Claimant
(2) Remaining Claim Number
Duplicate or Amended Claim to be Expunged
(3) Claim Amount
(4) Reason for Disallowance
         
         
      (I) If an Objection seeks to expunge late filed claims, a column shall be added between columns (1) & (2) titled "Date Claim Filed."
(1) Name of Claimant
Date Claim Filed
(2) Claim Number
(3) Claim Amount
(4) Reason for Disallowance
         
         
      (J) Where the Objection is based on substantive grounds, the exhibit must include a claim specific declaration in the column titled "Reason for Disallowance" giving sufficient detail as to why the claim should be disallowed. The following are examples of "sufficient detail" necessary to sustain an Objection on a substantive basis:
        (1) If the claim is against a non-debtor entity, then the non-debtor entity must be identified.
        (2) If the claim has been paid or satisfied pre-petition (not post-petition), then the check number and the date the check was issued must be identified. (An objection to a claim on the basis that the claim that has been paid or satisfied post-petition is not a valid objection.)
        (3) If the claim includes a post-petition claim, then the date the post-petition claim arose must be identified.
        (4) If the Objection is based on the debtor’s lack of any books and records relating to the claim, then the objector must state, by affidavit or declaration, that the objector has made reasonable efforts to research the claim on the debtor’s books and records.
    (iv) Proofs of Claim. If the Objection is non-substantive, then copies of the proofs of claim need not be provided to the Court, except that proofs of claim relating to an Objection based on Local Rule 3007-1 (d)(vi) (i.e., a claim without any supporting documents) shall be provided to the Court as set forth in Local Rule 3007-1 (e)(vi) (A)-(C). When the Objection is substantive, a copy of the proofs of claim and all supporting documentation shall be provided to the Court as follows:
      (A) Each proof of claim shall be separated by a tab.
      (B) Proofs of claim shall be in the order as listed in the exhibit(s), with additional tabs indicating to which exhibit the claims relate.
      (C) At least two (2) weeks before the hearing on the Objection, a Notice of Submission of Proofs of Claim is to be filed, and delivered to Chambers with copies of the claims (with all attachments) along with the Objection to those claims. The Notice of Submission of Proofs of Claim stating that the claims have been delivered to Chambers and copies can be requested from objector’s counsel shall be served upon all parties requesting notice pursuant to Fed. R. Bankr. P. 2002.
    (v) Notice of Objection to Claim Holder. Each claim holder whose rights are affected by an Objection shall receive a "Notice of Objection to Claim" that shall conform to Local Form 113 or a copy of the Objection.
 
(f) Requirements Relating to Substantive Objections.
    (i) Each Objection that is based on substantive grounds shall be with respect to no more than one hundred fifty claims, unless the Court orders otherwise.
    (ii) No more than two substantive Objections may be filed each calendar month, unless the Court orders otherwise.
    (iii) An Objection based on substantive grounds shall include all objections on substantive grounds. Under Fed. R. Bankr. P. 7015, an Objection can be amended; provided, however, that if an Objection to a particular claim is based upon insufficient documentation and is deemed substantive by virtue of Local Rule 3007-1 (d) (vi), and the claimant filed a response to the Objection and provided additional documentation or other information, then the Objection (solely as it relates to the claimant's additional documentation or other information) may be amended without written consent or leave of Court.
    (iv) The Court will not consider any substantive Objection to personal injury or wrongful death claims that would be in violation of 28 U.S.C. § 157(b)(2)(B).
 
(g) Pro se. Any claimant may participate pro se (and telephonically) at a hearing on an Objection to his claim by calling Chambers at least 24 hours prior to the scheduled hearing time. If more than one party is appearing by telephone, objector's local counsel shall conference all interested parties and place one call to the Court pursuant to Local Rule 9013-1(h) on telephonic appearances.
 
(h) Hearings On Objections. Hearings on Objections may ordinarily be held on the regularly scheduled omnibus hearing dates in chapter 11 cases, consistent with these Local Rules. When the Court determines that the hearing on a particular claim Objection will require substantial time for the presentation of argument and/or evidence, then the Court in its discretion may reschedule the hearing on that claim for a different hearing date and time. Counsel may also request that a separate hearing on an Objection(s) based on substantive grounds be separately scheduled for a date and time convenient to the Court and parties.
     
Rule 3011-1 Release of Funds Paid into the Registry of the Court.
In addition to the requirements set forth in 28 U.S.C. § 2042, any motion filed with the Court for the release of funds previously paid into the registry of the Court shall be served upon the United States Trustee and the chapter 11 debtor or trustee, if any.
     
Rule 3017-1 Approval of Disclosure Statement.
(a) Hearing on Disclosure Statement. Upon the filing of a disclosure statement, the proponent of the plan shall obtain hearing and objection dates from the Court and shall provide notice of those dates in accordance with Fed.R.Bankr.P. 3017. No motion for approval of the disclosure statement should be filed.
 
(b) Voting Procedures. The plan proponent shall timely file a motion, to be heard at the disclosure statement hearing, for approval of the voting procedures, including the form of ballots, the voting agent and the time and manner of voting.
 
(c) Service of Disclosure Statements. When a party in interest makes a written request of a plan proponent for service of a copy of the disclosure statement or plan pursuant to Fed.R.Bankr.P. 3017(a), service of that disclosure statement or plan shall be at the expense of the plan proponent.
 
Rule 3023-1 Special Procedures in Chapter 13 Matters. This Local Rule shall govern all cases filed under chapter 13 of the Code.
(a) Section 1326 Payments.
    (i) The debtor shall, after commencing timely payments as required by 11 U.S.C. § 1326(a)(1), continue to make subsequent payments to the trustee in accordance with the proposed plan until the trustee or Court directs otherwise.
    (ii) If the proposed plan provides for payment of secured debt through the plan, and the debtor is making timely pre-confirmation payments to the trustee, the debtor need not continue to make regular payments directly on such secured debt. If the proposed plan provides for direct payments to a secured creditor, or if no proposed plan is filed with the petition, the debtor shall continue to make regular payments to such secured creditor(s) as and when due.
 
(b) Deficiency Notices. A debtor filing a petition without a plan and/or required schedules will be issued a deficiency notice allowing fifteen (15) days to file the required documents. If the required documents are not filed by the due date, and the debtor has neither sought nor obtained an extension from the Court, the petition will be dismissed.
 
(c) Chapter 13 Plan and Plan Analysis. On the petition date, or within fifteen (15) days of conversion to chapter 13, the debtor shall file a proposed plan or any modified plan substantially in the form of Local Form 103, together with a plan analysis substantially in the form of Local Form 104. If a plan or plan analysis is filed after such time, the debtor shall serve the plan and plan analysis upon all creditors in accordance with Fed. R. Bankr. P. 2002 and file a certificate of service with the Court.
 
(d) Amended/Modified Plans.
    (i) If an amended/modified plan is filed before the scheduled confirmation hearing on the previously filed plan, it shall be accompanied by a certificate of service evidencing that a copy of the amended/modified plan has been served upon each of the creditors listed in the chapter 13 Schedules and Statement of Financial Affairs, the Chapter 13 Trustee, and the United States Trustee, in such a manner so as to ensure that such parties receive the amended/modified plan no less than two (2) business days prior to the confirmation hearing.
    (ii) Any motion to modify a plan after confirmation shall be noticed by the Court.
 
(e) Distribution. Before commencing distribution of the debtor’s funds under a confirmed plan, the trustee shall mail to the debtor a copy of the debtor’s master report reflecting those creditors that have or have not filed proofs of claim. The trustee shall not distribute funds to any creditor unless a proof of claim has been filed and deemed allowed or allowed by Court order.
 
(f) Plan Funding. In all plans, funding shall be by payroll deduction unless otherwise agreed by the trustee or ordered by the Court upon a demonstration of cause shown by the debtor. A wage order must be submitted by the debtor at the time the plan is confirmed by the Court.
 
(g) Confirmation. If timely preconfirmation payments are made to the trustee, and no objections are received, the plan may be confirmed without further notice or hearing, upon the filing of a certificate by the trustee recommending that the Court confirm the plan.
 
PART IV. THE DEBTOR: DUTIES AND BENEFITS
 
Rule 4001-1 Procedure on Request for Relief from the Automatic Stay of 11 U.S.C. § 362(a).
(a) Service. Upon the filing of a motion seeking relief from the automatic stay under 11 U.S.C. § 362, the movant shall file and serve a notice of hearing substantialy in compliance with Local Form 106A. In chapter 11 cases, an individual seeking relief from the automatic stay to pursue a personal injury or wrongful death action shall serve counsel for the debtor or trustee, counself for all official committees, counsel for the Debtor-in-Possession financing lenders and any other party directly affected by the motion. In all other cases, the motion shall be served on counsel for the debtor, counsel for all official committees, any trustee, all parties requesting notices and all known parties having an interest in the subject property or relief requested.
 
(b) Scheduling. In chapter 11 cases where omnibus hearing dates have been scheduled by the Court, the movant may notice its motion for any omnibus hearing date that provides at least fifteen (15) days’ notice to the debtor. In all other cases, the movant shall obtain a hearing date from the Court in advance of filing and serving its motion and notice.
 
(c) Supporting Documentation. With respect to a motion for relief from stay where the movant is seeking to foreclose on its collateral:
    (i) The movant shall file the following documents with the motion:
      (A) An affidavit and supporting exhibits containing the following data, if applicable:
        (1) True copies of all notes, bonds, mortgages, security agreements, financing statements, assignments and every other document upon which the movant will rely at the time of hearing.
        (2) A statement of amount due, including a breakdown of the following categories:
          (a) Unpaid principal;
          (b) Accrued interest from a specific date to a specific date;
          (c) Late charges from a specific date to a specific date;
          (d) Attorneys’ fees;
          (e) Advances for taxes, insurance and the like;
          (f) Unearned interest; and
          (g) Any other charges.
        (3) A per diem interest factor.; and
        (4) Movant's good faith estimate of the collateral as of the petition date of the respective debtor.
    (ii) At least five (5) business days prior to the hearing any party opposing the motion shall file with the Court and serve on the movant and all parties required to be served under this Rule the following documents:
      (A) A response to the motion;
      (B) An affidavit stating the responding party's good faith estimate of (1) the amount due to the movant and (2) the value of the collateral as of hte petition date of the respective debtor; and
      (C) A statement as to how the movant can be adequately protected if the stay is to be continued.
    (iii) The hearing date specified in the notice of the motion will be a preliminary hearing at which the Court may (A) hear oral argument, (B) determine whether an evidentiary or other final hearing is necessary, (C) set a date by which the parties shall exchange supporting documentation, (D) set a date by which the parties must produce the report of any appraiser whose testimony is to be presented at the final hearing and/or (E) set a date and time for a final hearing.
(d) The attorneys for the parties shall confer with respect to the issues raised by the motion in advance of the hearing for the purpose of determining whether a consensual order may be entered and/or for the purpose of stipulating to relevant facts, such as the value of the property and the extent and validity of any security instrument.
 
Rule 4001-2 Cash Collateral and Financing Orders.
(a) Motions. Except as provided herein and elsewhere in these Local Rules, all cash collateral and financing requests under 11 U.S.C. §§ 363 and 364 shall be heard by motion filed pursuant to Fed.R.Bankr.P. 2002, 4001 and 9014 (“Financing Motions”).
    (i) Provisions to be Highlighted. All Financing Motions must (1) recite whether the proposed form of order and/or underlying cash collateral stipulation or loan agreement contains any provision of the type indicated below, (2) identify the location of any such provision in the proposed form of order, cash collateral stipulation and/or loan agreement, and (3) the justification for the inclusion of such provision:
      (A) Provisions that grant cross-collateralization protection (other than replacement liens or other adequate protection) to the prepetition secured creditors (i.e., clauses that secure prepetition debt by post-petition assets in which the secured creditor would not otherwise have a security interest by virtue of its prepetition security agreement or applicable law).
      (B) Provisions or findings of fact that bind the estate or all parties in interest with respect to the validity, perfection or amount of the secured creditor’s prepetition lien or debt or the waiver of claims against the secured creditor without first giving parties-in-interest at least 75 days from the entry of the order and the creditors’ committee, if formed, at least 60 days from the date of its formation to investigate such matters.
      (C) Provisions that seek to waive, without notice, whatever rights the estate may have under 11 U.S.C. § 506(c).
      (D) Provisions that immediately grant to the prepetition secured creditor liens on the debtor’s claims and causes of action arising under 11 U.S.C. §§ 544, 545, 547, 548, and 549.
      (E) Provisions that deem prepetition secured debt to be post-petition debt or that use post-petition loans from a prepetition secured creditor to pay part or all of that secured creditor’s prepetition debt, other than as provided in 11 U.S.C. § 552(b).
      (F) Provisions that provide disparate treatment for the professionals retained by a creditors’ committee from that provided for the professionals retained by the debtor with respect to a professional fee carveout.
      (G) Provisions that prime any secured lien, without the consent of that lienor.
    (ii) All Financing Motions shall also provide a summary of the essential terms of the proposed use of cash collateral and/or financing (e.g., the maximum borrowing available on a final basis, the interim borrowing limit, borrowing conditions, interest rate, maturity, events of default, use of funds limitations, and protections afforded under 11 U.S.C. §§ 363 and 364).
 
(b) Interim Relief. When Financing Motions are filed with the Court on or shortly after the date of the entry of the order for relief, the Court may grant interim relief pending review by the interested parties of the proposed debtor-in-possession financing arrangements. Such interim relief is intended to avoid immediate and irreparable harm to the estate pending a final hearing. In the absence of extraordinary circumstances, the Court shall not approve interim financing orders that include any of the provisions previously identified in Local Rule (a)(i)(A) - (F).
 
(c) Final Orders. A final order shall be entered only after notice and a hearing pursuant to Fed.R.Bankr.P. 4001 and Local Rule 2002-1(b). Ordinarily, the final hearing shall be held at least ten (10) days following the organizational meeting of the creditors’ committee contemplated by 11 U.S.C. § 1102.
 
Rule 4002-1 Duties of Debtor under 11 U.S.C. § 521 in Chapter 7 and 13 Cases.
(a) The debtor shall deliver to the interim trustee or the standing Chapter 13 Trustee no later than the first date set for the meeting of creditors pursuant to 11 U.S.C. § 341 all books, records and papers, including appraisals, relating to property of the estate as well as copies of recorded documents, e.g., deeds and mortgages.
 
(b) No later than the first date set for the meeting of creditors pursuant to 11 U.S.C. § 341, the debtor shall advise the interim trustee or the standing Chapter 13 Trustee in writing of the payoff amounts on all secured debts.
 
(c) Immediately upon the entry of an order for relief, the debtor shall give written notice to any court or tribunal where an action is pending against the debtor and to the parties and counsel involved in that action. If an action is commenced subsequent to the date of the order for relief, the debtor shall give similar written notice to the Court or tribunal and to all parties and counsel involved.
 
(d) Immediately upon the entry of an order for relief, the debtor shall give written notice to any creditor with a garnishment order, any garnishee (other than the debtor's employer) and any creditor who the debtor anticipates may seek a garnishment order.
 
Rule 4003-1 Exemptions.
(a) Amendment to Claim of Exemptions. An amendment to a claim of exemptions pursuant to Fed.R.Bankr.P. 1009 and 4003 shall be filed and served by the debtor on the trustee, the United States Trustee, and all creditors.
 
(b) Automatic Extension of Time to File Objections to Claim of Exemptions in Event of Amendment to Schedules to Add a Creditor. If the schedules are amended to add a creditor, and the amendment is filed and served either (i) less than 30 days prior to the expiration of the time set forth in Fed.R.Bankr.P. 4003(b) for the filing of objections to the list of property claimed as exempt, or (ii) at any time after such filing deadline, the added creditor shall have 30 days from service of the amendment to file objections to the list of property claimed as exempt.
 
Rule 4004-1 Automatic Extension of Time to File Complaint Objecting to Discharge in Event of Amendment.
If the schedules are amended to add a creditor, and the amendment is filed and served either (i) less than 60 days prior to the expiration of the time set forth in Fed.R.Bankr.P. 4004(a) for the filing of a complaint objecting to discharge, or (ii) at any time after such filing deadline, the added creditor shall have 60 days from service of the amendment to file a complaint objecting to discharge. Such circumstances shall be deemed to be "cause" for an extension, and no motion to extend shall be necessary.
 
Rule 4007-1 Automatic Extension of Time to File Complaint to Determine Dischargeability of a Debt in Event of Amendment.
If the schedules are amended to add a creditor, and the amendment is filed and served either (a) less than 60 days prior to the expiration of the time set forth in Fed.R.Bankr.P. 4007 for the filing of a complaint to obtain a determination of the dischargeability of any debt, or (b) at any time after such filing deadline, the added creditor shall have 60 days from service of the amendment to file a complaint objecting to the dischargeability of its claim. Such circumstances shall be deemed to be "cause" for an extension and no motion to extend shall be necessary.
 
PART V. COURTS AND CLERKS
 
Rule 5001-2 Clerk's Office; Hours; After Hours Filings.
(a) Clerk’s Office Location and Hours. The Clerk’s Office is located at 824 Market Street, Third Floor, Wilmington, Delaware 19801. The normal business hours of the Clerk’s Office shall be Monday through Friday from 8:00 a.m. to 4:00 p.m. prevailing Eastern Time, except on legal holidays and as otherwise noticed by the Court’s website or at the Clerk’s Office.
(b) After Hours Filings. When the Clerk’s Office is closed, papers not filed electronically may be filed with the Court by depositing them in the night depository maintained by the Clerk and shall be deemed filed as of the date and time stamped thereon. Each document deposited in the night depository shall be stamped in the upper right-hand corner of the first page of the document. The night depository is not to be used in the event that electronic filing is not available. In such instances, the Clerk’s Office Procedures will govern.
 
Rule 5005-2 Facsimile Documents.
Documents may not be transmitted by facsimile directly to the Clerk's office for filing. However, copies of facsimile documents shall be accepted for filing, provided that the legibility is reasonably equivalent to the original. The original of any faxed document, including the original signature of the attorney, party or declarant, shall be maintained by the filing party until the conclusion of the case, including any applicable appeal period, subject to being produced upon reasonable written notice.
 
Rule 5005-4 Electronic Filing.
The Court has designated all cases to be assigned to the Case Management/Electronic Case Filing System (“CM/ECF”). Unless otherwise expressly provided in these Local Rules or in exceptional circumstances preventing a registered CM/ECF user from filing electronically, all petitions, complaints, motions, briefs and other pleadings and documents required to be filed with the Court must be electronically filed by a registered CM/ECF user. Attorneys who intend to practice in this Court (including those regularly admitted or admitted pro hac vice to the bar of the Court and attorneys authorized to represent the United States without being admitted to the bar) should register as CM/ECF users. United States Trustees, private trustees and others as the Court deems appropriate should also register as CM/ECF users. Registration forms, requirements and procedural information for CM/ECF are available on the Court’s website. All electronically filed pleadings that require original signatures shall be maintained in paper form by the CM/ECF user electronically filing such pleadings. The CM/ECF user shall maintain a copy of such pleadings with the original signature(s) for a period not less than two (2) years from the later of the date of the closure of the bankruptcy case or other proceeding in which the document was filed, unless otherwise ordered by the Court.
 
Rule 5009-1 Closing of Chapter 11 Cases.
(a) Motion. Upon written motion, a party in interest may seek the entry of a final decree at any time after the confirmed plan has been substantially consummated provided that all required fees due under 28 U.S.C. § 1930 have been paid. A Motion for the Entry of a Final Decree shall be served upon the debtor or trustee, the United States Trustee, all official committees and all creditors who have filed a request for notice under Fed. R. Bankr. P. 2002 and Local Rule 9013.
 
(b) Final Report. The debtor (or trustee, if any) shall file a final report and account in the form prescribed by the United States Trustee on or before fifteen (15) days prior to the hearing on any motion to close the case.
 
Rule 5009-2 Closing of Chapter 7 Cases.
(a) Final Report and Account. The notice given by the trustee of the filing of a final report and account in the form prescribed by the United States Trustee in a chapter 7 case shall have on its face in bold type the following language or words of similar import:
A PERSON SEEKING: (1) AN AWARD OF COMPENSATION OR REIMBURSEMENT OF EXPENSES OR (2) PAYMENT OR REIMBURSEMENT FOR EXPENSES INCURRED INT HE ADMINISTRATION OF THE CHAPTER 7 ESTATE SHALL FILE A MOTION WITH THE CLERK AND SERVE A COPY ON THE TRUSTEE AND THE UNITED STATES TRUSTEE NOT LATER THAN TWENTY (20) DAYS PRIOR TO THE DATE OF THE HEARING ON THE TRUSTEE'S FINAL ACCOUNT. FAILURE TO FILE AND SERVE SUCH A MOTION WITHIN THAT TIME MAY RESULT IN THE DISALLOWANCE OF FEES AND EXPENSES.
 
(b) Closing Reports in Chapter 7 Asset and No Asset Cases. In a chapter 7 asset case, the trustee shall serve the original closing report (in a form designated by the United States Trustee), together with the affidavit of final distribution, upon the United States Trustee. After the United States Trustee’s review of the closing report is completed, the United States Trustee shall file the closing report with the Clerk. In a chapter 7 no asset case, the trustee shall file the original closing report (in a form designated by the United States Trustee) with the Clerk, and serve a copy upon the United States Trustee.
 
Rule 5011-1 Motions for Withdrawal of Reference from Bankruptcy Court.
A motion to withdraw the reference of a matter or proceeding shall be filed with the Clerk. The Clerk shall transmit such motion to the Clerk of the District Court for disposition by the District Court. The movant shall concurrently file with the Clerk a motion for a determination by the Bankruptcy Court with respect to whether the matter or proceeding is core or non-core. All briefing shall be governed by the District Court Rules, including those rules governing timing, unless otherwise ordered by the Court.
 
PART VI. COLLECTION AND LIQUIDATION OF THE ESTATE [No Local Rules]
 
PART VII. ADVERSARY PROCEEDINGS
 
Rule 7003-1 Adversary Proceeding Cover Sheet.
Any complaint or other document initiating an adversary proceeding that is not electronically filed shall be accompanied by a completed adversary cover sheet conforming to Local Form 109.
 
Rule 7004-1 Service on Foreign Parties.
Requests for service of a summons and complaint on a foreign party shall be governed by Fed. R. Bankr. P. 7004(a) and Fed. R. Civ. P. 4(f). Any such request submitted to the Clerk’s Office shall include a copy of all documents intended for service on the foreign party. Deadlines included in such documents shall allow ample time for the foreign party to respond accordingly.
 
Rule 7004-2 Summons and Notice of Pretrial Conference in an Adversary Proceeding.
A party or attorney filing a complaint or third-party complaint shall prepare a Summons and Notice of Pretrial Conference in an Adversary Proceeding (Local Form 108). In an adversary proceeding related to a chapter 11 case, the pretrial conference date required on Local Form 108 shall be a date selected from the order setting omnibus hearing dates located on the docket in the main bankruptcy case. In all other adversary proceedings, the pretrial conference date shall be obtained from the respective Judge's chambers page located on the Court’s website. The pretrial conference date shall be a date that is at least thirty-five (35) days from the date of service of the summons and complaint. The completed summons and certificate of service shall be filed in the adversary proceeding. The party or attorney filing the complaint or third-party complaint shall be responsible for serving the summons and complaint.
 
Rule 7007-1 Briefs: When Required and Schedule.
(a) Briefing and Affidavit Schedule. A party filing a motion in an adversary proceeding shall not file a notice of said motion. Unless otherwise ordered by the Court or agreed by the parties, the briefing and affidavit schedule for presentation of all motions in adversary proceedings shall be as follows:
    (i) The opening brief and accompanying affidavit(s) shall be served and filed on the date of the filing of the motion;
    (ii) The answering brief and accompanying affidavit(s) shall be served and filed no later than fourteen (14) days after service and filing of the opening brief; and
    (iii) The reply brief and accompanying affidavit(s) shall be served and filed no later than five (5) days after service and filing of the answering brief. An appendix may be filed with any brief. Any party may waive its right to file a brief in a filed pleading or in a separate notice filed with the Court.
(b) Citation of Subsequent Authorities. No additional briefs, affidavits or other papers in support of or in opposition to the motion shall be filed without prior approval of the Court, except that a party may call to the Court’s attention and briefly discuss pertinent cases decided after a party’s final brief is filed or after oral argument.
 
Rule 7007-2 Form and Contents of Briefs and Appendicies.
(a) Form.
    (i) Covers. The front cover of each brief and appendix shall contain the caption of the case, a title, the date of filing, the name and designation of the party for whom it is filed, and the name, number, address and telephone number of counsel by whom it is filed, including the bar identification number for Delaware attorneys.
    (ii) Format. All pleadings must be in Courier New font and in at least 12 point type. All briefs and appendices shall be firmly bound at the left margin. Side margins of briefs shall not be less than 1¼ inches.
    (iii) Page Numbering of Appendices. Pages of an appendix shall be numbered separately at the bottom. The page numbers of appendices associated with opening, answering and reply briefs, respectively, shall be preceded by a capital letter “A,”“B”or “C.” Transcripts and other papers reproduced in a manner authorized by this Local Rule shall be included in the appendix, both with original and appendix pagination.
    (iv) Length. Without leave of Court, no opening or answering brief shall exceed forty (40) pages and no reply shall exceed twenty (20) pages, in each instance, exclusive of any tables of contents and citations.
    (v) Form of Citations. Citations will be deemed to be in acceptable form if made in accordance with “A Uniform System of Citation”published and distributed from time to time by the Harvard Law Review Association. State reporter citations may be omitted but citations to the National Reporter System must be included. United States Supreme Court decisions shall be to the official citation.
    (vi) Citation by Docket Number. References to earlier-filed papers in the case or proceeding shall include a citation to the docket item number as maintained by the Clerk’s Office, namely “D.I. 1.”
    (vii) Unreported Opinions. If an unreported opinion is cited, a copy shall be attached to the document that cites it and it shall be appropriately identified with a sufficient statement of the facts to demonstrate its relevance.
(b) Contents of Briefs. If briefs are required, the following format shall apply:
    (i) Opening and Answering Briefs. The opening and answering briefs shall contain the following under distinctive titles, in the listed order:
      (A) A table of contents setting forth the page number of each section, including all headings, designated in the body of the brief;
      (B) A table of citations of cases, statutes, rules, textbooks and other authorities, alphabetically arranged. If a brief does not contain any citations therein, a statement asserting this fact should be placed under this heading;
      (C) A statement of the nature and stage of the proceeding;
      (D) A summary of argument stating in separate numbered paragraphs the legal propositions upon which each side relies;
      (E) A concise statement of facts, with supporting references to appendices or record, presenting succinctly the background of the questions involved. The statement shall include a concise statement of all facts that should be known in order to determine the points in controversy. The answering counter-statement of facts need not repeat facts recited in the opening brief;
      (F) An argument divided under appropriate headings distinctly setting forth separate points; and
      (G) A short conclusion stating the precise relief sought.
    (ii) Reply Briefs. The party filing the opening brief shall not reserve material for the reply brief that should have been included in a full and fair opening brief. There shall not be repetition of materials contained in the opening brief. A table of contents and a table of citations, as required by Local Rule 7007-2(b)(i)(A)-(B), shall be included in the reply brief.
(c) Contents of Appendices. Each Appendix shall contain a paginated table of contents and may contain such parts of the record that are material to the questions presented as the party wishes the Court to read. Duplication shall be avoided. Portions of the record shall be arranged in chronological order. If testimony of witnesses is included, appropriate references to the pages of such testimony in the transcript shall be made and asterisks or other appropriate means shall be used to indicate omissions. Appendices may be separately bound. Parts of the record not included in the appendix may be relied on in briefs or oral argument. Whenever a document, paper or testimony in a foreign language is included in any appendix or is cited from the record in any brief, an English translation made under the authority of the Court, or agreed by the parties to be correct, shall be included in the appendix or in the record.
(d) Joint Appendix. Counsel may agree on a joint appendix that shall be bound separately.
 
Rule 7007-3 Oral Argument, Hearing on Adversary Proceeding Motions.
No hearing will be scheduled on motions filed in adversary proceedings, unless the Court orders otherwise, except for discovery-related motions which shall be governed by Local Rule 9006-1(b). An application to the Court for oral argument on a motion shall be in writing and shall be filed with the Court and served on counsel for all parties in the proceeding no later than three (3) days after service of the reply brief. An application for oral argument may be granted or denied at the discretion of the Court.
 
Rule 7007-4 Notice of Completion of Briefing, and Notice of Completion of Briefing Binder.
Between five (5) and seven (7) days after completion of briefing on an adversary proceeding motion, counsel to the movant shall file and serve on counsel for all parties in the proceeding a “Notice of Completion of Briefing” that shall include a list of all relevant pleadings with related docket numbers. Upon the filing of said notice, counsel to the movant shall deliver to the respective Judge’s chambers a copy of the Notice of Completion of Briefing in a binder that shall include copies of the pleadings identified in the Notice of Completion of Briefing (including any request(s) for oral argument).
 
Rule 7016-1 Fed.R.Civ.P. 16 Scheduling Conference.
In any adversary proceeding, the pretrial conference scheduled in the summons and notice issued under Local Rule 7001-1 shall be deemed to be the scheduling conference under Fed. R. Civ. P. 16(b).
 
(a) Attorney Conference Prior to Scheduling Conference.
    (i) In the event that the date for submitting a motion or answer to the complaint attached to the summons and notice issued under Local Rule 7001-1 is at least ten (10) days prior to the date of the Fed. R. Civ. P. 16(b) scheduling conference, all attorneys for all the parties shall confer at least seven (7) days prior to the Fed. R. Civ. P. 16(b) scheduling conference to discuss: (A) the nature of the case, (B) any special difficulties that counsel foresee in prosecution or defense of the case, (C) the possibility of settlement, (D) any requests for modification of the time for the mandatory disclosure required by Fed. R. Civ. P. 16(b) and 26(f) and (E) the items in Local Rule 7016-1(b).
    (ii) In the event that Local Rule 7016-1(a)(i) does not apply, all attorneys for all parties shall confer on the items identified in that section at least five (5) days prior to the Fed. R. Civ. P. 16(b) scheduling conference.
 
(b) Scheduling Conference. At the Fed. R. Civ. P. 16(b) scheduling conference, the Court may consider, in addition to the items specified in Fed. R. Civ. P. 16(b) and 16(c), the following matters:
    (i) Whether the case is complex;
    (ii) For complex cases, the special issues set forth in D. Del. L.R. 16.1(b)(3);
    (iii) The possibility of settlement;
    (iv) Whether the matter could be resolved by voluntary mediation or binding arbitration;
    (v) The briefing practices to be employed in the case, including what matters are or are not to be briefed and the length of briefs; and
    (vi) The schedule applicable to the case, including a pretrial and trial date, if appropriate. Trial shall be scheduled to occur within twelve (12) months, if practicable.
(c) Attendance at Scheduling Conference. Unless otherwise permitted by the Court under Local Rule 7016-3, the conference described in Local Rule 7016-1(b) will be an in-person conference. All counsel who expect to have a significant role in the prosecution or defense of the case are required to attend the conference.
 
Rule 7016-2 Pretrial Conference.
A pretrial conference shall be held if scheduled in a scheduling order issued under Local Rule 7016-1(b) (the “Scheduling Order”) or if requested by a party under this Local Rule.
 
(a) Request for Pretrial Conference. Any party may request that a pretrial conference be held following the completion of discovery, as provided in the Scheduling Order, by contacting the Court. At least fifteen (15) days’notice of the time and place of such pretrial conference shall be given to all other parties in interest by the attorney for the party requesting the pretrial conference.
 
(b) Failure to Appear at Pretrial Conference or to Cooperate. Unless otherwise permitted by the Court under Local Rule 7016-3, all counsel who will conduct the trial are required to appear before the Court for the pretrial conference. Should an attorney for a party fail to appear or to cooperate in the preparation of the pretrial order specified in Local Rule 7016-2(d), the Court, in its discretion, may, in addition to the imposition of sanctions as provided in D. Del. L.R. 1.3, hold a pretrial hearing, ex parte or otherwise, and, after notice, enter an appropriate judgment or order.
 
(c) Attorney Conference Prior to Pretrial Conference. Attorneys for all of the parties, before the pretrial conference, shall become thoroughly familiar with the case and shall confer with the other attorneys as long and as frequently as may be required to enable plaintiff’s attorney to comply with Local Rule 7016-2(d) and to permit each party to pre-mark all exhibits. Unless otherwise ordered by the Court, at such conference, each attorney shall produce all documents, papers, books, accounts, letters, expert reports, photostats, objects or other things proposed to be introduced into evidence and shall furnish copies to opposing counsel of such exhibits if requested by opposing counsel, at the latter party’s expense. At the same time, each attorney shall consider and discuss all matters that may expedite the pretrial conference and the trial of the case. Nothing contained in this Local Rule shall preclude the Court in its discretion from requiring any party to produce for the inspection of another such additional documents, papers, books, accounts, letters, expert reports, photostats, objects and other matters as the Court deems appropriate.
 
(d) Pretrial Order. At least five (5) days prior to the pretrial conference, the attorney for the plaintiff shall file with the Court an original and one (1) copy of a proposed pretrial order, signed by an attorney for each party, that covers the following items, as appropriate:
    (i) A statement of the nature of the action, the pleadings in which the issues are raised (for instance, third amended complaint and answer) and whether counterclaims or cross-claims are involved;
    (ii) The constitutional or statutory basis of federal jurisdiction, together with a brief statement of the facts supporting such jurisdiction;
    (iii) A statement of the facts that are admitted and that require no proof;
    (iv) A statement of the issues of fact that any party contends remain to be litigated, as detailed as circumstances permit;
    (v) A statement of the issues of law that any party contends remain to be litigated, and a citation of authorities relied upon by each party;
    (vi) A list of pre-marked exhibits, including designations of interrogatories and answers thereto, requests for admissions and responses, and depositions that each party intends to offer at trial, with a specification of those that may be admitted into evidence without objection, those to which there are objections and the Federal Rule of Evidence relied upon by the proponent of the exhibit. Copies of the exhibits, pre-marked and separated by tabs, shall be furnished to opposing counsel and submitted to the respective Judge’s chambers in binders at least five (5) days before the pretrial conference or trial (if no pretrial is requested). Copies of the exhibits should not be electronically filed with the Court;
    (vii) The names and addresses of all witnesses a party intends to call to testify, either in person or by deposition, at the trial and the specialties of experts to be called as witnesses;
    (viii) A brief statement of what the plaintiff intends to prove in support of the plaintiff’s claims, including the details of the damages claimed or of other relief sought as of the date of preparation of the draft order;
    (ix) A brief statement of what the defendant intends to prove as a defense;
    (x) Statements by counter-claimants or crossclaimants comparable to that required of plaintiff;
    (xi) Any amendments of the pleadings desired by any party with a statement whether it is unopposed or objected to and, if objected to, the grounds thereon;
    (xii) A certification that two-way communication has occurred between persons having authority in a good faith effort to explore the resolution of the controversy by settlement;
    (xiii) Any other matters that the parties deem appropriate; and
    (xiv) The concluding paragraph of the draft of the pretrial order shall read:
THIS ORDER SHALL CONTROL THE SUBSEQUENT COURSE OF THE ACTION UNLESS MODIFIED BY THE COURT TO PREVENT MANIFEST INJUSTICE.
 
Rule 7016-3 Telephonic Fed. R. Civ. P. 16 Scheduling Conference or Pretrial Conference.
At least two (2) days before the time scheduled for a scheduling conference or pretrial conference, any party to the conference may request that the conference be conducted by telephone or that the party be permitted to participate by telephone. Such request may be made by telephone to the Court and shall be communicated contemporaneously to other counsel known to be involved in the hearing or conference. Any party objecting to the request shall promptly advise the Court and other counsel.
 
Rule 7030-1 Who May Attend Deposition.
A deposition may be attended only by (a) the deponent, (b) counsel for any party and members and employees of their firms, (c) a party who is a natural person, (d) an officer or employee of a party who is not a natural person designated as its representative by its counsel, (e) counsel for the deponent, (f) any consultant or expert designated by counsel for any party, (g) the United States Trustee, (h) counsel for any trustee, (i) counsel for the debtor, (j) counsel for any official committee and (k) counsel for any party providing postpetition financing to the debtor under 11 U.S.C. § 363 or 364. If a confidentiality order has been entered, any person who is not authorized under the order to have access to documents or information designated confidential shall be excluded from a deposition upon request by the party who is seeking to maintain confidentiality while a deponent is being examined about any confidential document or information. If any documents are deemed confidential by the producing party and the parties have not been able to agree on an appropriate protective order, until a protective order is in effect, disclosure should be limited to members and employees of the firm of trial counsel who have entered an appearance, and, where appropriate, have been admitted pro hac vice. Such persons are under an obligation to keep such documents confidential and to use them only for purposes of litigating the case.
 
Rule 7055-1 Default.
All applications, motions or requests for default/default judgment under Fed. R. Bankr. P. 7055 shall be served on the party against whom a default is sought and the party’s attorney if an entry of appearance has been filed in the adversary or bankruptcy case, in accordance with Local Rule 9013-1. Requests for default/default judgment shall be in compliance with the Clerk’s Office Procedures.
 
PART VIII. APPEALS TO DISTRICT COURT OR BANKRUPTCY APPELLATE PANEL
 
Rule 8001-1 Appeals From Bankruptcy Court Orders.
(a) Appeals Generally. A notice of appeal shall be in conformity with Official Bankruptcy Form B 17 and shall be accompanied by the prescribed filing fee.
 
(b) Transmittal of Notice of Appeal to Bankruptcy Judge. When appealing from an order entered by a bankruptcy judge, substantially contemporaneous with the filing of a notice of appeal, the appellant shall mail or deliver a copy of the notice of appeal to the bankruptcy judge whose order is the subject of the appeal. For the avoidance of doubt, the failure of an appellant to provide a copy of the notice of appeal to the bankruptcy judge shall not affect the jurisdiction of any appellate court to hear such appeal.
 
(c) Opinion in Support of Order. Any bankruptcy judge whose order is the subject of an appeal may, within nine (9) days of the filing date of the notice of appeal, file a written opinion that supports the order being appealed or that supplements any earlier written opinion or recorded oral bench ruling or opinion.
 
(d) Notice to Official Committees. Simultaneously with the filing of any notice of appeal or notice of cross-appeal, with respect to an appeal in which any official committee in the bankruptcy case from which such appeal originated is not a named party to the appeal, the party filing such notice of appeal or notice of cross-appeal shall serve a copy of such notice on counsel to any such official committee and shall file with the notice of appeal or notice of cross-appeal a certificate of service.
 
(e) Committee Request for Notice. Any official committee wishing to be placed on the service list for any appeal for the purpose of receiving notices and copies of papers served shall, within twenty (20) days of service of the notice of appeal or the notice of cross-appeal as provided for in Local Rule 8001-1(a), file with the Court a request for notice. Such notice shall become part of the record for the appeal to be transmitted to the District Court Clerk by the Clerk.
 
(f) Intervention. Nothing contained herein shall affect or in any way determine any official committee’s right to intervene in any appeal or cross-appeal or its obligation to seek leave to intervene in any appeal or cross-appeal if such official committee is not a named party to such appeal or cross-appeal.
 
Rule 8001-2 Appeals from District Court Orders.
All appeals from a judgment, order or decree of a District Court Judge exercising original jurisdiction under 28 U.S.C. § 1334 over a bankruptcy case, matter or proceeding docketed in the Clerk’s Office shall be:
 
(a) Filed with the District Court;
 
(b) Directed by the Clerk to the Third Circuit Court of Appeals; and
 
(c) Treated as an appeal from a final judgment, order or decree of a district court exercising jurisdiction under 28 U.S.C. § 1334 for purposes of Rule 6(a) of the Federal Rules of Appellate Procedure.
 
Rule 8006-1 Filing of Copies of Record on Appeal.
The appellant, and appellee, if applicable, shall:
 
(a) File and serve a designation of the items to be included in the record on appeal/cross-appeal, along with a statement of the issues to be presented, in accordance with Fed. R. Bankr. P. 8006; and
 
(b) Within thirty (30) days of filing the designation identified in Local Rule 8006-1(a), deliver to the Clerk’s Office:
    (i) Those documents identified in the designation submitted under Local Rule 8006-1(a); and
    (ii) Any documents that may be expressly requested by the Clerk or the Court.
 
PART IX. GENERAL PROVISIONS
 
Rule 9004-1 Caption.
(a) Documents submitted for filing shall contain in the caption the name of the debtor, the case number, the initials of the Judge to whom the case has been assigned, the docket number assigned to the case and, if applicable, the adversary proceeding number. All documents filed with the Clerk that relate to a document previously filed and docketed shall contain in its title the title of the related document and its docket number, if available.
 
(b) The hearing date and time and the objection date and time of a motion shall be set forth in bold print (i) in the caption of the notice and motion and all related pleadings, below the case or adversary number and (ii) in the text of the notice.
 
 Rule 9006-1 Time for Service and Filing of Motions and Objections.
(a) Generally. Fed.R.Bankr.P. 9006 applies to all cases and proceedings in which the pleadings are filed with the Clerk.
 
(b) Discovery-Related Motions. All motion papers under Fed. R. Bankr. P. 7026-7037 shall be filed and served so as to be received at least five (5) days before the hearing date. When such service is made, any objection shall be filed and served so as to be received at least the day preceding the hearing date.
 
(c) All Other Motions.
    (i) Service of Motion Papers. Unless the Fed. R. Bankr. P. or these Local Rules state otherwise, all motion papers shall be filed and served in accordance with Local Rule 2002-1(b) at least fifteen (15) days (eighteen (18) days if service is by mail; sixteen (16) days if service is by overnight delivery) prior to the hearing date.
    (ii) Objection Deadlines. Where a motion is filed and served in accordance with Local Rule 9006-1(c)(i), the deadline for objection(s) shall be no later than five (5) days before the hearing date. To the extent a motion is filed and served in accordance with Local Rule 2002-1(b) at least twenty-three (23) days prior to the hearing date, however, the movant may establish any objection deadline that is no earlier than eighteen (18) days after the date of service and no later than five (5) days before the hearing date. Any objection deadline may be extended by agreement of the movant; provided, however, that no objection deadline may extend beyond the deadline for filing the agenda. In all instances, any objection must be filed and served so as to be received on or before the applicable objection deadline.
 
(d) Reply Papers. Reply papers may be filed and, if filed, shall be served so as to be received by 4:00 p.m. prevailing Eastern Time the day prior to the deadline for filing the agenda.
 
(e) Shortened Notice. No motion will be scheduled on less notice than required by these Local Rules or the Fed. R. Bankr. P. except by order of the Court, on written motion (served on all interested parties) specifying the exigencies justifying shortened notice. The Court will rule on such motion promptly without need for a hearing.
 
Rule 9006-2 Bridge Orders Not Required in Certain Circumstances.
Unless otherwise provided in the Code or in the Fed. R. Bankr. P., if a motion to extend the time to take any action is filed before the expiration of the period prescribed by the Code, the Fed. R. Bankr. P., these Local Rules, the District Court Rules or Court order, the time shall automatically be extended until the Court acts on the motion, without the necessity for the entry of a bridge order.
 
Rule 9010-1 Representation and Appearance by Counsel.
(a) Local Counsel. Except as otherwise provided herein, District Court Rule 83.5(d) shall apply to all bankruptcy cases and adversary proceedings.
 
(b) Pro Hac Vice. Counsel may be admitted pro hac vice only upon motion and after satisfaction of the requirements of District Court Rule 83.5(c). If a motion for pro hac vice is made orally in open court, it shall be followed promptly by the filing of a written motion, substantially in conformity with Local Form 105, signed by local counsel and the applicant.
 
(c) Exceptions to Association with Local Counsel Requirement.
    (i) Claim Litigation. Association with local counsel shall not be required for the filing or prosecution of a proof of claim or the response to an objection to a proof of claim. The Court may, however, direct the claimant to consult with local counsel if the claim litigation will involve extensive discovery or trial time.
    (ii) Government Attorneys. An attorney not admitted in the United States District Court for the District of Delaware but admitted in another United States District Court may appear representing the United States of America (or any officer or agency thereof) or any State (or officer or agency thereof) so long as a certification is filed, signed by that attorney, stating (a) the courts in which the attorney is admitted, (b) that the attorney is in good standing in all jurisdictions in which he or she has been admitted and (c) that the attorney will be bound by the Local Rules of this Court and that the attorney submits to the jurisdiction of this Court for disciplinary purposes.
 
Rule 9010-2 Substitution; Withdrawal.
(a) Substitution. If a party in an adversary proceeding or a debtor in any case wishes to substitute attorneys, a substitution of counsel document signed by the original attorney and the substituted attorney shall be filed. If a trustee, debtor or official committee wishes to substitute attorneys or any other professional whose employment was subject to approval by the Court, a motion for retention of the new professional must also be filed.
 
(b) Withdrawal. Withdrawals under this Local Rule shall be made in accordance with D. Del. L.R. 83.7.
 
(c) Service. Substitutions and motions for withdrawal under this Local Rule shall be served (i) in an adversary proceeding, on all parties to the proceeding and (ii) in a bankruptcy case, on all parties entitled to notice under Fed. R. Bankr. P. 2002.
 
(d) Effect of Failure to Comply. Until paragraph (a) or (b), as applicable, and paragraph (c) of Local Rule 9010-2 are complied with and an order, if necessary, is entered, the original attorney remains the client’s attorney of record.
 
Rule 9011-4 Signing of Electronically Transmitted Pleadings.
Any pleading requiring a signature that is electronically filed by a registered CM/ECF user must be filed as either (i) a scanned document containing the actual signature of the person(s) signing said document or (ii) a document displaying the name of the person(s) signing said document, preceded by an “/s/”and typed in the space where the signature would otherwise appear (e.g., “/s/ Jane Doe”). The filing of a pleading by electronic means shall constitute a signature by the participant filing the pleading and the representations to the Court of such participant as required by Fed. R. Bankr. P. 9011(b).
 
Rule 9013-1 Motions.
(a) Application. This Local Rule applies to motions filed in bankruptcy cases. Motions filed in adversary proceedings shall be governed by Local Rule 7007-1.
 
(b) Requests for Relief. No request for relief (not otherwise governed by Fed. R. Bankr. P. 7001) may be made to the Court, except by written motion, by oral motion in open court or by certification of counsel. Letters from counsel or parties will not be considered.
 
(c) Cases with Omnibus Hearing Dates. In each chapter 11 case, the Court may enter a scheduling order establishing omnibus hearing dates and the procedures for scheduling and conducting hearings on such omnibus hearing dates. In cases where there are no omnibus hearings scheduled, a hearing date may be obtained by contacting the Court.
 
(d) Live Witnesses. At any evidentiary hearing, evidence shall be presented by live witnesses unless the parties submit a stipulation of facts or agree otherwise.
 
(e) Contents of Notice. Unless otherwise ordered by the Court, the movant shall give notice in writing of the hearing on a motion, signed by counsel for the movant, in substantial conformity with Local Form 106 setting forth:
    (i) The title of the motion in bold print;
    (ii) The date and time by which objections concerning the proposed motion shall be served and filed, which shall also be set forth in bold print in the caption below the case number;
    (iii) The name and address of the parties on whom any objection shall be served; and
    (iv) The date, place and time when the motion will be heard in bold print in the caption below the case number and, if appropriate, a statement that the motion may be granted and an order entered without a hearing unless a timely objection is made.
 
(f) Form of Motion. All motions shall have attached thereto a notice conforming to Local Rule 9013-1(e), a proposed form of order specifying the exact relief requested, and a certificate of service showing the date, means of service and parties served. All motions shall be titled in the form “Motion of [Movant’s Name] for [Relief Requested].”
 
(g) Service of Motion and Notice. All motions shall be served in accordance with Local Rule 2002-1(b).
 
(h) Objections. Except for motions presented on an expedited basis, any objection to a motion shall be made in writing. The title of the objection shall conform to Local Rule 9004-1 and shall include the objector’s name, the motion to which the objection relates and the docket number of the motion. The hearing date and time and the docket number of the related motion shall be set forth in bold print in the caption below the case number.
 
(i) Telephonic Appearance at Hearing. In extenuating circumstances where counsel cannot appear at the first hearing on a motion, a request can be made to the respective Judge’s chambers for an appearance by telephone no later than 12:00 p.m. prevailing Eastern Time two (2) days prior to the scheduled hearing date. Upon the approval of such request by the Court, counsel shall follow the telephonic appearance procedures located on the Court’s website. This Local Rule shall not apply to evidentiary hearings.
 
(j) Certificate of No Objection. Forty-eight (48) hours after the objection date has passed with no objection having been filed or served, counsel for the movant may file a certificate of no objection (the “Certificate of No Objection” or "CNO"), substantially in the form of Local Form 107, stating that no objection has been filed or served on the movant. By filing the CNO, counsel for the movant represents to the Court that the movant is unaware of any objection to the motion or application and that counsel has reviewed the Court’s docket and no objection appears thereon. In cases in which a Notice of Agenda is required under Local Rule 9029-3, debtor’s counsel shall submit a binder that shall contain the Notice of Agenda and any uncontested matter where a Certificate of No Objection has been timely filed. In all other cases, pleadings shall be submitted in accordance with each respective Judge’s chambers procedures. Such chambers procedures, if any, are available on the Court’s website. Upon receipt of the Certificate of No Objection, the Court may enter the order accompanying the motion or application without further pleading or hearing and, once the order is entered, the hearing scheduled on the motion or application shall be canceled without further notice.
 
(k) Amendment of Order. Any request for amendment of an order entered by the Court shall be made only as follows:
    (i) If the amendment is non-material, by certification of counsel that the amendment is not material and that all parties in interest have consented to the amendment;
    (ii) By motion under this Local Rule; or
    (iii) By the filing of a stipulation to amend, signed by all interested parties. Any request for amendment shall have attached the proposed amended order and a blacklined copy reflecting the changes.
 
(l) Service of Order or Judgment. Service of an order or judgment shall be made in accordance with Local Rule 9022-1.
(m) Motions Filed with the Petition in Chapter 11 Cases.
    (i) Definition. Any motion or application in which the debtor requests a hearing or the entry of an order with less than five (5) days’ notice and prior to the earlier of the creditors’committee formation meeting or the 11 U.S.C. § 341 meeting of creditors shall be governed by this Local Rule.
    (ii) Scope of Relief Requested. Requests for relief under this Local Rule shall be confined to matters of a genuinely emergent nature required to preserve the assets of the estate and to maintain ongoing business operations and such other matters as the Court may determine appropriate.
    (iii) Notice to the United States Trustee, Clerk and Certain Other Parties. Once a petition is filed, counsel for the debtor shall have a binder containing an agenda and all applications and motions sought to be heard on an emergent basis delivered to the Clerk’s Office. Once the case is assigned to a Judge, the Court will contact counsel for the debtor and the United States Trustee to schedule a hearing on those applications and motions. The debtor shall serve (a) all motions and applications that the debtor asks be heard under this Local Rule (in substantially final form) upon the United States Trustee and (b) the agenda upon the United States Trustee, the creditors included on the list filed under Fed. R. Bankr. P. 1007(d) and any party directly affected by the relief sought in such applications and motions, at least twenty-four (24) hours in advance of a hearing on such applications and motions, unless otherwise ordered by the Court, and shall file a certificate of service to that effect within forty-eight (48) hours.
    (iv) Notice of Entry of Orders. Within two (2) days of the entry of an order entered under this Local Rule (“First Day Order”), the debtor shall serve copies of all motions and applications filed with the Court as to which a First Day Order has been entered, as well as all First Day Orders, on those parties referred to in Local Rule 9013-1(m)(iii), and such other entities as the Court may direct.
    (v) Reconsideration of Orders. Any party in interest may file a motion to reconsider any First Day Order, other than any order entered under 11 U.S.C. §§ 363 and 364 with respect to the use of cash collateral and/or approval of postpetition financing, within thirty (30) days of the entry of such order, unless otherwise ordered by the Court. Any such motion for reconsideration shall be given expedited consideration by the Court. The burden of proof with respect to the appropriateness of the order subject to the motion for reconsideration shall remain with the debtor notwithstanding the entry of such order.
 
Rule 9013-3 Service Copies.
Unless otherwise ordered by the Court, only one (1) copy of pleadings, motions and other papers need be served upon another party.
 
Rule 9018-1 Lodged Exhibits; Documents under Seal..
(a) Lodged Exhibits. All models, diagrams, documents or other exhibits lodged with the Clerk that are admitted into evidence at trial shall be retained by the Clerk (unless required to be forwarded to an appellate court for purposes of an appeal) until expiration of the time for appeal without any appeal having been taken, entry of a stipulation waiving or abandoning the right to appeal, final disposition of any appeal or order of the Court, whichever occurs first.
 
(b) Documents under Seal. Any party who seeks to file documents under seal must file a motion to that effect. The documents proposed to be filed under seal must be placed in a prominently marked envelope with a cover sheet attached containing the caption, related docket number of the motion to file under seal, title of the document to be filed under seal and the legend “DOCUMENTS TO BE KEPT UNDER SEAL” in bold print. This envelope must be delivered directly to the respective Judge’s chambers by 12:00 p.m. prevailing Eastern Time two (2) days prior to the hearing on the applicable motion to file under seal. The Court shall keep the documents segregated and under seal until the motion is decided. If the Court grants the motion to file under seal, the Clerk shall keep the documents segregated and under seal until further order of the Court and shall electronically docket the cover sheet. If the Court denies the motion to file under seal, the Clerk shall return the segregated, proposed sealed documents to counsel for the moving party without any disclosure to third parties and such documents shall not become part of the record in the case unless they are otherwise separately filed of record in accordance with the applicable rules.
 
c) Order Authorizing Future Filing of Documents under Seal. If an order has been signed granting the filing of future documents under seal, the related docket number of the applicable order must also be included on the cover sheet. Any document filed under seal under a previously entered order of the Court shall be delivered to the Clerk’s Office. The Clerk shall keep the documents segregated and under seal until further order of the Court and shall electronically docket the cover sheet.
 
Rule 9019-2 Mediator and Arbitrator Qualifications and Compensation.
(a) Register of Mediators and Arbitrators/ADR Program Administrator. The Clerk shall establish and maintain a register of persons (the “Register”) qualified under this Local Rule and designated by the Court to serve as mediators or arbitrators in the Mediation or Voluntary Arbitration Program. The Chief Bankruptcy Judge shall appoint a Judge of this Court, the Clerk, or a person qualified under this Local Rule who is a member in good standing of the Bar of the State of Delaware to serve as the Alternative Dispute Resolution ("ADR") Program Administrator. Aided by a staff member of the Court, the ADR Program Administrator shall receive applications for designation to the Register, maintain the Register, track and compile reports on the ADR Program and otherwise administer the program.
(b) Application and Certification.
    (i) Application and Qualifications. Each applicant shall submit to the ADR Program Administrator a statement of professional qualifications, experience, training and other information demonstrating, in the applicant’s opinion, why the applicant should be designated to the Register. The applicant shall submit the statement substantially in compliance with Local Form 110A. The statement also shall set forth whether the applicant has been removed from any professional organization, or has resigned from any professional organization while an investigation into allegations of professional misconduct was pending and the circumstances of such removal or resignation. This statement shall constitute an application for designation to the ADR Program. Each applicant shall certify that the applicant has completed appropriate mediation or arbitration training or has sufficient experience in the mediation or arbitration process. Each applicant hereunder shall agree to accept at least one pro bono appointment per year. If after serving in a pro bono capacity insufficient matters exist to allow for compensation, credit for pro bono service shall be carried into subsequent years in order to qualify the mediator to receive compensation for providing service as a mediator or arbitrator.
    (ii) Court Certification. The Court in its sole and absolute determination on any feasible basis shall grant or deny any application submitted under this Local Rule. If the Court grants the application, the applicant’s name shall be added to the Register, subject to removal under these Local Rules.
    (iii) Reaffirmation of Qualifications. Each applicant accepted for designation to the Register shall reaffirm annually the continued existence and accuracy of the qualifications, statements and representations made in the application.
(c) Oath. Before serving as a mediator or arbitrator, each person designated as a mediator or arbitrator shall take the following oath or affirmation: “I, ________________, do solemnly swear (or affirm) that I will faithfully and impartially discharge and perform all the duties incumbent upon me in the Mediation or Voluntary Arbitration Program of the United States Bankruptcy Court for the District of Delaware without respect to persons and will do so equally and with respect.”
(d) Removal from Register. A person shall be removed from the Register either at the person’s request or by Court order entered on the sole and absolute determination of the Court. If removed by Court order, the person shall be eligible to file an application for reinstatement after one year.
(e) Appointment.
    (i) Selection. Upon assignment of a matter to mediation or arbitration in accordance with these Local Rules and unless special circumstances exist as determined by the Court, the parties shall select a mediator or arbitrator. If the parties fail to make such selection within the time frame as set by the Court, then the Court shall appoint a mediator or arbitrator.
    (ii) Inability to Serve. If the mediator or arbitrator is unable to or elects not to serve, he or she shall file and serve on all parties, and on the ADR Program Administrator, within seven (7) calendar days after receipt of notice of appointment, a notice of inability to accept the appointment. In such event, the parties shall select an alternate mediator or arbitrator.
    (iii) Disqualification.
      (A) Disqualifying Events. Any person selected as a mediator or arbitrator may be disqualified for bias or prejudice in the same manner that a Judge may be disqualified under 28 U.S.C. § 44. Any person selected as a mediator or arbitrator shall be disqualified in any matter where 28 U.S.C. § 455 would require disqualification if that person were a Judge.
      (B) Disclosure. Promptly after receiving notice of appointment, the mediator or arbitrator shall make an inquiry sufficient to determine whether there is a basis for disqualification under this Local Rule. The inquiry shall include, but shall not be limited to, a search for conflicts of interest in the manner prescribed by the applicable rules of professional conduct for attorneys and by the applicable rules pertaining to the profession of the mediator or arbitrator. Within seven (7) calendar days after receiving notice of appointment, the mediator or arbitrator shall file with the Court and serve on the parties either (1) a statement that there is no basis for disqualification and that the mediator or arbitrator has no actual or potential conflict of interest or (2) a notice of withdrawal.
      (C) Objection Based on Conflict of Interest. A party to the mediation or arbitration who believes that the assigned mediator or arbitrator has a conflict of interest promptly shall bring the issue to the attention of the mediator or arbitrator, as applicable, and to the other parties. If the mediator or arbitrator does not withdraw, and the movant is dissatisfied with this decision, the issue shall be brought to the attention of the ADR Program Administrator by the mediator, arbitrator or any of the parties. If the movant is dissatisfied with the decision of the ADR Program Administrator, the issue shall be brought to the Court’s attention by the ADR Program Administrator or any party. The Court shall take such action as the Court deems necessary or appropriate to resolve the alleged conflict of interest.
    (iv) Liability. Aside from proof of actual fraud or unethical conduct, there shall be no liability on the part of, and no cause of action shall arise against, any person who is appointed as a mediator or arbitrator under these Local Rules on account of any act or omission in the course and scope of such person’s duties as a mediator or arbitrator.
(f) Compensation. A person will be eligible to be a paid mediator or arbitrator if that person has been trained and certified by any nationally-recognized certification program. Once eligible to serve as a mediator or arbitrator for compensation, which shall be at reasonable rates and subject to judicial review, the mediator or arbitrator may require compensation or reimbursement of expenses as agreed by the parties. Prior Court approval shall also be required if the estate is to be charged. If the mediator or arbitrator consents to serve without compensation and at the conclusion of the first full day of the mediation conference or arbitration proceeding it is determined by the mediator or arbitrator and the parties that additional time will be both necessary and productive in order to complete the mediation or arbitration, then:
    (i) If the mediator or arbitrator consents to continue to serve without compensation, the parties may agree to continue the mediation conference or arbitration; or
    (ii) If the mediator or arbitrator does not consent to continue to serve without compensation, the fees and expenses shall be on such terms as are satisfactory to the mediator or arbitrator and the parties, subject to Court approval. Where the parties have agreed to pay such fees and expenses, the parties shall share equally all such fees and expenses unless the parties agree to some other allocation. The Court may determine a different allocation.
    (iii) Transportation Allowances. Subject to Court approval, if the estate is to be charged with such expense, the mediator or arbitrator may be reimbursed for actual transportation expenses necessarily incurred in the performance of duties.
(g) Party Unable to Afford. If the Court determines that a party to a matter assigned to mediation or arbitration cannot afford to pay the fees and costs of the mediator or arbitrator, the Court may appoint a mediator or arbitrator to serve pro bono as to that party.
 
Rule 9019-3 Assignment of Disputes to Mediation or Voluntary Arbitration.
(a) Stipulation of Parties. Notwithstanding any provision of law to the contrary, the Court may refer a dispute pending before it to mediation and, upon consent of the parties, to arbitration. During a mediation, the parties may stipulate to allow the mediator, if qualified as an arbitrator, to hear and arbitrate the dispute.
 
(b) Safeguards in Consent to Voluntary Arbitration. Matters may proceed to voluntary arbitration by consent where
    (i) Consent to arbitration is freely and knowingly obtained; and
    (ii) No party is prejudiced for refusing to participate in arbitration.
 
Rule 9019-4 Arbitration.
(a) Referral to Arbitration under Fed. R. Bankr. P. 9019(c). The Court may allow the referral of a matter to final and binding arbitration under Fed. R. Bankr. P. 9019(c).
 
(b) Referral to Arbitration under 28 U.S.C. § 654. The Court may allow the referral of an adversary proceeding to arbitration under 28 U.S.C. § 654.
 
(c) Arbitrator Qualifications and Appointment. In addition to fulfilling the qualifications of a mediator found in Local Rule 9019-2(b), a person qualifying as an arbitrator hereunder must be certified as an arbitrator through a qualifying program that includes a bankruptcy component. An arbitrator shall be appointed (and may be disqualified) in the same manner as in Local Rule 9019-2(e). The arbitrator shall be liable only to the extent provided in Local Rule 9019-2(e)(iv).
 
(d) Powers of Arbitrator.
    (i) An arbitrator to whom an action is referred shall have the power, upon consent of the parties, to
      (A) Conduct arbitration hearings;
      (B) Administer oaths and affirmations; and
      (C) Make awards.
    (ii) Subpoenas. The Fed. R. Civ. P. and the Fed. R. Bankr. P. apply to subpoenas for the attendance of witnesses and the production of documents at a voluntary arbitration hearing.
 
(e) Arbitration Award and Judgment.
    (i) Filing and Effect of Arbitration Award. An arbitration award made by an arbitrator, along with proof of service of such award on the other party by the prevailing party, shall be filed with the Clerk promptly after the arbitration hearing is concluded. The Clerk shall place under seal the contents of any arbitration award made hereunder and the contents shall not be known to any Judge who might be assigned to the matter until the Court has entered a final judgment in the action or the action has otherwise terminated.
    (ii) Arbitration awards shall be entered as the judgment of the Court after the time has expired for requesting a determination de novo, with no such request having been filed. The judgment so entered shall be subject to the same provisions of law and shall have the same force and effect as a judgment of the Court, except that the judgment shall not be subject to review in any other court by appeal or otherwise.
 
(f) Determination De Novo of Arbitration Awards.
    (i) Time for Filing Demand. Within thirty (30) days after the filing of an arbitration award under Local Rule 9019-4(e) with the Clerk, any party may file a written demand for a determination de novo with the Court.
    (ii) Action Restored to Court Docket. Upon a demand for determination de novo, the action shall be restored to the docket of the Court and treated for all purposes as if it had not been referred to arbitration.
    (iii) Exclusion of Evidence of Arbitration. The Court shall not admit at the determination de novo any evidence that there has been an arbitration proceeding, the nature or amount of any award or any other matter concerning the conduct of the arbitration proceeding, unless
      (A) The evidence would otherwise be admissible in the Court under the Federal Rules of Evidence; or
      (B) The parties have otherwise stipulated.
 
(g) This Local Rule shall not apply to arbitration under 9 U.S.C. § 3, if applicable.
 
Rule 9019-5 Mediation.
(a) Types of Matters Subject to Mediation. The Court may assign to mediation any dispute arising in an adversary proceeding, contested matter or otherwise in a bankruptcy case.
 
(b) Effects of Mediation on Pending Matters. The assignment of a matter to mediation does not relieve the parties to that matter from complying with any other Court orders or applicable provisions of the Code, the Fed. R. Bankr. P. or the Local Rules. Unless otherwise ordered by the Court, the assignment to mediation does not delay or stay discovery, pretrial hearing dates or trial schedules.
 
(c) The Mediation Process.
    (i) Time and Place of Mediation Conference. After consulting with all counsel and pro se parties, the mediator shall schedule a convenient time and place for the mediation conference and promptly give all counsel and pro se parties at least fourteen (14) calendar days' written notice of the time and place of the mediation conference. The mediator shall schedule the mediation to begin as soon as practicable.
    (ii) Submission Materials. Not less than seven (7) calendar days before the mediation conference, each party shall submit directly to the mediator and serve on all counsel and pro se parties any materials (the “Submission”) the mediator directs to be prepared or assembled. The mediator shall so direct not less than fourteen (14) calendar days' before the mediation conference. Prior to the mediation conference, the mediator may talk with the participants to determine what materials would be helpful. The Submission shall not be filed with the Court and the Court shall not have access to the Submission.
    (iii) Attendance at Mediation Conference.
      (A) Persons Required to Attend. The following persons must attend the mediation conference personally:
        (1) Each party that is a natural person;
        (2) If the party is not a natural person, including a government entity, a representative who is not the party’s attorney of record and who has full authority to negotiate and settle the matter on behalf of the party;
        (3) If the party is a governmental entity that requires settlement approval by an elected official or legislative body, a representative who has authority to recommend a settlement to the elected official or legislative body;
        (4) The attorney who has primary responsibility for each party’s case; and
        (5) Other interested parties, such as insurers or indemnitors or one or more of their representatives, whose presence is necessary for a full resolution of the matter assigned to mediation.
      (B) Failure to Attend. Willful failure to attend any mediation conference, and any other material violation of this Local Rule, shall be reported to the Court by the mediator and may result in the imposition of sanctions by the Court. Any such report of the mediator shall comply with the confidentiality requirement of Local Rule 9019-5(d). A person required to attend the mediation is excused from appearing if all parties and the mediator agree in advance of the mediation conference that the person need not attend. The Court, for cause, may excuse a person’s attendance.
    (iv) Mediation Conference Procedures. The mediator may establish procedures for the mediation conference.
(d) Confidentiality of Mediation Proceedings.
    (i) Protection of Information Disclosed at Mediation. The mediator and the participants in mediation are prohibited from divulging, outside of the mediation, any oral or written information disclosed by the parties or by witnesses in the course of the mediation. No person may rely on or introduce as evidence in any arbitral, judicial or other proceeding, evidence pertaining to any aspect of the mediation effort, including but not limited to: (A) views expressed or suggestions made by a party with respect to a possible settlement of the dispute; (B) the fact that another party had or had not indicated willingness to accept a proposal for settlement made by the mediator; (C) proposals made or views expressed by the mediator; (D) statements or admissions made by a party in the course of the mediation; and (E) documents prepared for the purpose of, in the course of, or pursuant to the mediation. In addition, without limiting the foregoing, Rule 408 of the Federal Rules of Evidence, any applicable federal or state statute, rule, common law or judicial precedent relating to the privileged nature of settlement discussions, mediations or other alternative dispute resolution procedures shall apply. Information otherwise discoverable or admissible in evidence does not become exempt from discovery, or inadmissible in evidence, merely by being used by a party in the mediation.
    (ii) Discovery from Mediator. The mediator shall not be compelled to disclose to the Court or to any person outside the mediation conference any of the records, reports, summaries, notes, communications or other documents received or made by the mediator while serving in such capacity. The mediator shall not testify or be compelled to testify in regard to the mediation in connection with any arbitral, judicial or other proceeding. The mediator shall not be a necessary party in any proceedings relating to the mediation. Nothing contained in this paragraph shall prevent the mediator from reporting the status, but not the substance, of the mediation effort to the Court in writing, from filing a final report as required herein, or from otherwise complying with the obligations set forth in this Local Rule.
    (iii) Protection of Proprietary Information. The parties, the mediator and all mediation participants shall protect proprietary information.
    (iv) Preservation of Privileges. The disclosure by a party of privileged information to the mediator does not waive or otherwise adversely affect the privileged nature of the information.
 
(e) Recommendations by Mediator. The mediator is not required to prepare written comments or recommendations to the parties. Mediators may present a written settlement recommendation memorandum to attorneys or pro se litigants, but not to the Court.
 
(f) Post-Mediation Procedures.
    (i) Preparation of Orders. If a settlement is reached at a mediation, a party designated by the mediator shall submit a fully-executed stipulation and proposed order to the Court within twenty (20) calendar days after the end of the mediation. If the party fails to prepare the stipulation and order, the Court may impose appropriate sanctions.
    (ii) Mediator’s Certificate of Completion. No later than ten (10) days after the conclusion of the mediation conference, unless the Court orders otherwise, the mediator shall file with the Court, and serve on the parties and the ADR Program Administrator, a certificate in the form provided by the Court showing compliance or noncompliance with the mediation conference requirements of this Local Rule and whether or not a settlement has been reached. Regardless of the outcome of the mediation conference, the mediator shall not provide the Court with any details of the substance of the conference.
    (iii) Mediator’s Report. In order to assist the ADR Program Administrator in compiling useful data to evaluate the Mediation Program, and to aid the Court in assessing the efforts of the members of the Register, the mediator shall provide the ADR Program Administrator with an estimate of the number of hours spent in the mediation conference and other statistical and evaluative information on a form provided by the Court. The mediator shall provide this report whether or not the mediation conference results in settlement.
     
(g) Withdrawal from Mediation. Any matter assigned to mediation under this Local Rule may be withdrawn from mediation by the Court at any time.
 
(h) Termination of Mediation. Upon the filing of a mediator’s certificate under Local Rule 9019-5(f) or the entry of an order withdrawing a matter from mediation under Local Rule 9019-5(g), the mediation will be deemed terminated and the mediator excused and relieved from further responsibilities in the matter without further order of the Court. If the mediation conference does not result in a resolution of all of the disputes in the assigned matter, the matter shall proceed to trial or hearing under the Court’s scheduling order(s).
 
Rule 9019-6 Other Alternative Dispute Resolution Procedures.
The parties may employ any other method of alternative dispute resolution.
 
Rule 9019-7 Notice of Court Annexed Alternative Dispute Resolution Program.
The plaintiff, at or before the first scheduled pretrial conference, shall give notice of dispute resolution alternatives substantially in compliance with Local Form 110B.
 
Rule 9022-1 Service of Order or Judgment.
Immediately upon the entry of a judgment or order, the Clerk shall serve a notice of the entry of the judgment or order on local counsel for the movant, via electronic means, as consented to by the movant. Registered CM/ECF users are deemed to have consented to service of the notice of the entry of orders or judgments via electronic means. If counsel for the movant is not a registered CM/ECF user, the Clerk shall serve a copy of the judgment or order on local counsel for the movant via first class mail. Counsel for the movant shall serve a copy of the judgment or order on all contested parties and on other parties as the Court may direct and file a certificate of service to that effect within forty-eight (48) hours. For any pro se movant or sua sponte order, the Clerk’s Office shall serve a copy of the judgment or order via first class mail on all parties affected thereby and file a certificate of service to that effect, unless otherwise directed by the Court.
 
Rule 9029-3 Hearing Agenda Required.
In all chapter 7 asset cases and chapter 11 cases, debtor’s counsel (or counsel to the trustee if one is appointed) shall file an agenda for each scheduled hearing in the case, in substantial conformity to Local Form 111 and meeting the requirements set forth in this Local Rule.
 
(a) General Requirements of Agenda.
    (i) Local counsel shall file the agenda in the bankruptcy case and adversary proceeding, if applicable, with the Bankruptcy Court on or before 12:00 p.m. prevailing Eastern Time two (2) days before the date of the hearing. Failure to file the agenda timely may subject counsel to a fine.
    (ii) Resolved or continued matters shall be listed before unresolved matters. Contested matters (and documents within each matter) shall be listed in the order of docketing with corresponding docket numbers. All amended agendas shall list matters as listed in the original agenda, with added matters being listed last and all changes being made in bold print.
    (iii) Copies of the proposed agenda shall be served upon local counsel who have entered an appearance in the case, as well as all other counsel with a direct interest in any matter on the agenda, substantially contemporaneous with the Court filing.
 
(b) Motions.
    (i) General Information. For each motion, the agenda shall indicate the movant, the nature of the motion, the docket number and the date filed. Supporting papers of the movant shall be similarly denoted.
    (ii) Objection Information. For each motion, the agenda shall indicate the objection deadline and any objection filed, the docket number and the date filed, if available.
    (iii) Status Information. For each motion, the agenda shall indicate whether the matter is going forward, whether a continuance is requested (and any opposition to the continuance, if known), whether any or all of the objections have been resolved and any other pertinent status information. Any amended agenda shall note material changes (in bold print) in the status of any agenda matter.
 
(c) Adversary Proceedings. When an adversary proceeding is scheduled, the agenda shall indicate the adversary proceeding number in addition to the information required by Local Rule 9029-3(b).
 

(d) Hearing Binders. The agenda shall be submitted to the respective Judge’s chambers in a hearing binder containing copies of all documents relevant to matters scheduled to be

considered by the Court at such hearing. Hearing binders shall contain only the substantive documents necessary for the hearing (i.e., motions and responses) and shall not contain documents related to continued or resolved matters. Certificates of service shall not be included in the hearing binder unless adequacy of service is an issue to be considered by the Court.

 
Rule 9036-1 Electronic Transmission.
To eliminate redundant paper notices, all registered electronic filing participants will receive notices required to be sent by the Clerk via electronic transmission only. No notices from the Clerk’s Office will be sent in paper format, with the exception of the Notice of Meeting of Creditors, which will be sent in both paper and electronic format. The electronic transmission of notices by the Clerk will be deemed complete upon transmission. The Court has established “opt-ou t” procedures to ensure that any registered electronic filing participant may receive paper notices in addition to electronic notices by requesting such notices in writing to the Clerk’s Office.