2001-1. Mail Redirection.
(a) Consent of Debtor. The filing of a petition under Title 11 by a debtor engaged in business is deemed to be the debtor's consent to mail redirection by the interim trustee and the trustee.
(b) Objection by Debtor. If the debtor does not consent to mail redirection, the debtor shall file a written objection with the Clerk. Upon the filing of the debtor's objection, the Court shall promptly set a hearing on notice to the debtor, trustee and United States Trustee. After the filing of the objection, and pending order of Court, the redirection shall continue, but the trustee shall hold, and not open, the debtor's mail.
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2002-1 Notices.
(a) Who Shall Give Notice. Unless otherwise ordered, the initiating party shall give the notices required by Rules 2002(a)(2)[sale or lease of property]; (a)(3)[compromise or settlement]; (a)(4)[dismissal or conversion]; (a)(5)[modification of plan]; (a)(6)[applications for compensation], except for final applications; and 2002(b)[disclosure statement and plan].
(b) Content of Notice. The notices given pursuant to paragraph (a) shall fully comply with Rule 2002(c).
(c) Address List. Unless otherwise ordered, all notices shall be served on the persons entitled to notice under Rule 2002(g). In order to comply with this rule, the initiating party must use a current mailing list.
Commentary
Attorneys should obtain a current mailing list by logging onto CM/ECF, clicking on “Reports” and then “Mailing Matrix by Case.” This generates the same list the court would use for notice and permits compliance with this local rule.
(d) Service on Committee. Service on a committee appointed by the United States Trustee shall be made on the committee's counsel. If the committee has no counsel of record, service shall be made upon all members of the committee.
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2015-1. Funds of the Estate.
(a) Account Identification. The signature card (or if there is none, the depository agreement) for any account containing funds which are the property of a bankruptcy estate must clearly indicate that the depositor or investor is a "debtor-in-possession" or a trustee in bankruptcy. This rule does not apply to accounts maintained by Chapter 13 debtors.
(b) Compliance with 11 U.S.C. § 345. There shall be a rebuttable presumption that funds which are deposited with an entity which is included on the United States Trustee's most recent list of "cooperating depositories" have been deposited in accordance with 11 U.S.C. § 345(b).
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2015-2. Monthly Operating Reports.
(a) Cases in Which Reports Are Required. Monthly operating and tax reports ("monthly reports") are required from a trustee or debtor-in-possession in the following cases:
(1) All cases under Chapter 11 until confirmation of a plan, and Chapter 12;
(2) Chapter 7 cases where a business is being operated by a trustee;
(3) Chapter 13 business cases, if the Court so orders, upon application by the trustee or any party in interest.
(b) Filing Deadline. A monthly report shall be filed by the trustee or debtor-in-possession or a Chapter 13 debtor filing in accordance with this rule no later than the 20th day of the month following the month to which the report pertains. A separate report must be filed for each calendar month, or portion thereof, during which the case is pending and is a case for which a report is required pursuant to B.L.R. 2015-2(a), up to and including the month in which an order of confirmation, conversion, or dismissal is entered.
(c) Service of Reports. A copy of each monthly report shall be served, no later than the day upon which it is filed with the Court, upon the United States Trustee, the chairperson and counsel of record (if any) of each committee of creditors and each committee of equity security holders appointed by the United States Trustee, and such other persons or entities as may be ordered by the Court. In a Chapter 12 or Chapter 13 case, service of a copy of each monthly report also must be made on the trustee.
(d) Form and Content of Reports. Monthly reports shall be prepared on forms and supporting schedules approved by the Judges of the Court, copies of which shall be available in the Office of the Clerk.
(e) Modification of Reporting Requirements. The Court may, on application and for cause, modify the provisions of this rule. Any application to modify shall be served upon all parties upon whom the monthly report is required to be served.
Cross Reference See Fed. R. Bankr. P. 2015.
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2015-3. Debtor's Books and Records.
(a) Voluntary Cases. In a case filed pursuant to 11 U.S.C. § 301 or § 302, the books and records of the debtor shall be closed on the day immediately preceding the day on which the petition is filed, whether or not a separate estate is created for tax purposes. Pre-petition liabilities shall be segregated and reported separately from post-petition liabilities.
(b) Involuntary Cases. In a case filed pursuant to 11 U.S.C. § 303, the books and records of the debtor shall be closed on the day on which relief is ordered or an interim trustee is appointed, whichever occurs first. Notwithstanding the foregoing, liabilities incurred before the commencement of the case shall be segregated and, in the event relief is granted, reported separately from liabilities incurred after the commencement of the case.
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| Amended Bankruptcy Local Rules | 02/01/2005 |
