© 1996, Legal Eagle Pub. Co., Inc.                                        No Claim to Orig. Govt. Works
                                 
LOCAL RULES
of the
UNITED STATES BANKRUPTCY COURT
for the
WESTERN DISTRICT OF OKLAHOMA

Effective July 1, 1994

[Includes original pagination by the Court and
General Order Concerning Filing of Mailing List and
Debtor's Noticing Requirements
, eff. Jan. 1, 1997
]

[original pagination]
[page i]


TABLE OF CONTENTS

RULE No.

SECTION DESCRIPTION

RULE   1

RULES OF PROCEDURE; SCOPE OF RULES

RULE   2

SEAL

RULE   3

TERMS AND LOCATION OF COURT

RULE   4

ATTORNEYS

RULE   5

FlLING AND REMOVAL OF PARTIES

RULE   6

PETITIONS AND SCHEDULES

[page ii]

RULE  7

NUMBER OF COPIES

RULE   8

AMENDMENTS

RULE   9

DEBTOR(S) STATEMENT OF INTENTION AND PERFORMANCE

RULE 10

DUTIES OF CERTAIN TRUSTEES AND DEBTORS-IN-POSSESSION

RULE 11

SUMMONSES AND SUBPOENAS

RULE 12

REQUESTS FOR ENLARGEMENT OF TIME

RULE 13

MOTIONS AND OBJECTIONS

[page iii]

RULE 14

PRESENTATION OF EVIDENCE IN CONTESTED MATTERS

RULE 15

CERTIFICATE OF SERVICE

RULE 16

NOTICE

RULE 17

DEPOSITIONS AND EXAMINATIONS

RULE 18

DISCOVERY MATERIAL NOT FILED

RULE 19

EXHIBITS

RULE 20

PRETRIAL PROCEEDINGS

RULE 21

PERIODIC DISPOSITION DOCKET

RULE 22

PROCEDURES IN CASES UNDER CHAPTER 12

[page iv]

RULE 23

PROCEDURES IN CASES UNDER CHAPTER 13

RULE 24

ASSIGNMENT AND DIVISION OF CASES

RULE 25

INVESTMENT AND DISBURSEMENT OF REGISTRY FUNDS

RULE 26

EN BANC HEARINGS AND TRIALS

RULE 27

FILING AND MISCELLANEOUS FEES

RULE 28

CONVERSION OR DISMISSAL OF CASES

RULE 29

DISMISSAL OF RELATED ADVERSARY PROCEEDINGS

RULE 30

ALTERNATTVE DISPUTE RESOLUTION

RULE 31

NOTICES OF APPEAL


[page 1]

RULE 1
RULES OF PROCEDURE; SCOPE OF RULES

(a) Applicable Procedural Rules. The procedures in any case or proceeding in the United States Bankruptcy Court for the Western District of Oklahoma are governed by the laws of the United States, the Federal Rules of Bankruptcy Procedure, any applicable rules of the United States District Court for the Western District of Oklahoma, and these rules.

(b) Citation of Local Bankruptcy Rules. These rules may be cited as Local Bankruptcy Rules and may be amended by the Bankruptcy Court from time to time.

(c) Circumstances not Covered. In any instance where there is no applicable rule of procedure a judge may prescribe one.

(d) Waiver of Rules. Except when precluded by the Federal Rules of Bankruptcy Procedure a judge may waive enforcement of these rules in the interests of justice.

(e) Definitions. The definitions of words and phrases contained in title 11 of the United States Code and the Federal Rules of Bankruptcy Procedure govern. their use in these rules.

(f) Effective Date of Rules. These rules govern all cases and proceedings before the United States Bankruptcy Court for the Western District of Oklahoma effective July 1, 1994.


[page 2]

RULE 2
SEAL

The seal of the Court is of a circular design within the outer edge of which are the words "United States Bankruptcy Court, Western District of Oklahoma".


RULE 3
TERMS AND LOCATION OF COURT

(a) Terms of Court. This Court will be in continuous session at Oklahoma City for the transaction of judicial business on all business days throughout the year.

(b) Location of Court. The principal offices of the Court are located in the United States Courthouse, 215 Dean A, McGee Ave., Oklahoma City, Oklahoma[, 73102].

(c) Other Locations. Hearings may be conducted by the judges of the Court in other locations within the district in any cases or proceedings where the Court finds, either on its own motion or upon motion of any party. that the interests of justice or the convenience of the parties or witnesses will best be served. See 28 U.S.C. § 152(b)(1).


RULE 4
ATTORNEYS

(a) Bankruptcy Court Bar. Attorneys who are members in good Standing of a bar of the United States District Courts in Oklahoma or of the Supreme Court of the State of Oklahoma may practice before this Court provided the attorney's state bar number is provided to the Clerk.

(b) Entry of Appearance Required. An attorney appearing for a party in a case or proceeding must enter an appearance by signing and filing an entry of appearance or a pleading.

(c) New Counsel. In the event a party changes, adds or substitutes counsel, new counsel must enter an appearance. It is the obligation of new counsel to inform the Clerk of his or her appearance.

[page 3]

(d) Withdrawal of Counsel. Counsel may be permitted to withdraw only upon leave of Court with reasonable notice to the client and all other interested parties. Withdrawal may be conditioned upon counsel receiving papers for forwarding to the former client, as the Court may require, until there is an appearance by other counsel or pro se.


RULE 5
FILING AND REMOVAL OF PAPERS

(a) Place of Filing. All papers will be filed with the Bankruptcy Court Clerk at the office of the Clerk, United States Courthouse, 215 Dean A. McGee Avenue, Oklahoma City, Oklahoma, 73102.

(b) Removal of Papers. All papers filed and exhibits received in evidence will be kept in the office of the Clerk in Oklahoma City. Any party who obtains any order for removal of a transcript made by an official court reporter in the course of official business, or who makes a copy of same in the Clerk's office, must pay to the Clerk of this Court the sum of $0.50 per page for the benefit of the official court reporter.

(c) Papers Acceptable for Filing. All pleadings, briefs and orders tendered for filing must be plainly and legibly printed or typewritten on one side of the paper only, and must be double spaced if more than one page in length.

(d) Paper, Margins and Fastening. The paper used must be white, letter size (8 ½" x 11"), and of standard weight. The original presented for filing must be securely fastened at the top left corner without backs or covers. The upper margin of each sheet must not be less than 1 1/2 inches, and the lower margin and side margins not less than 1 inch.

[page 4]

(e) Signature Blocks. The name. address and telephone number of the person submitting a paper for filing must appear under that person's signature. If the person submitting a paper for filing is an attorney, his or her state bar number must also appear.

(f) Case Numbers and Captions. The caption of papers should comply -with the appropriate Official Form. See Rule 6(a), infra. Every case and adversary proceeding number must be followed by the letters which designate the judge to whom it is currently assigned. The chapter under which the case proceeds should be shown below the case number.

(g) Filing Papers by Mail. Any paper which otherwise meets the requirements of these rules may be filed by mail. Upon request. the Clerk will return file stamped copies. The party must provide the copies of the paper, above the number required by Rule 8 of these rules, along with a self-addressed, sufficiently sized envelope with correct postage.

(h) Filing Papers by Facsimile Transmission. If allowed under applicable provisions of the Federal Rules of Civil Procedure or the Local Rules of the United States District Court for the Western District of Oklahoma, any paper which otherwise meets the requirements of than rules may be filed by facsimile transmission in compelling circumstances only. Prior approval of the Court must be obtained before filing any paper in such manner, and the originals along with the required number of copies must be received at the office of the Clerk within three business days after receipt of the facsimile transmission.


RULE 6
PETITIONS AND SCHEDULES

(a) Official Forms. All petitions, lists, schedules and statements should comply substantially with the Official Forms prescribed by the Federal Rules of Bankruptcy Procedure.

[page 5]

All questions on the Official Forms must be answered.

(b) Creditor matrix. As provided in Fed.R.Bankr.P. 1007, the debtor must file with the petition a list containing the name and correct address, including postal zip code, of each creditor. This list is known as the creditor matrix. The Clerk uses the creditor matrix along with the names and addresses of the debtor(s) and attorney(s) to compile a mailing matrix. The mailing matrix is used to provide proper notice to all parties in interest, and completeness and accuracy of the creditor matrix are therefore essential. The format for creditor matrices must comply with any applicable provision of the Federal Rules of Bankruptcy Procedure. as well as any general or miscellaneous orders of this Court, and any amendments thereof. [See also General Order Concerning Filing of Mailing List and Debtor's Noticing Requirements, eff. Jan. 1, 1997]. Two copies of the creditor matrix must be filed with the Clerk. When amending schedules to add creditors, two copies of a creditor matrix containing only the additional creditor information must be submitted with the Amended Schedules, pursuant to Rule 8(d) of these rules.

(c) Assembly of Petition and Accompanying Papers.

    (1) Voluntary Petitions without Schedule of Financial Affairs. Voluntary petitions filed without Schedules and Statement of Financial Affairs must be assembled in the following order:

      (A) Petition, with debtor's declaration;
      (B) Exhibit "A" to the petition if the debtor is a      corporation;
      (C) Attorney's compensation disclosure      statement, signed by the attorney;
      (D) For cases under chapters 9 and 11, a list      containing the names and addresses of the      twenty largest creditors; and

      [page 6]

      (E) A creditor matrix complying with Local Rule      6(b), which matrix should not be stapled to      the petition.

    (2) Voluntary Petition with Schedules and Statement of Financial Affairs. Voluntary petitions with Schedules and Statement of Financial Affairs for all chapters must be assembled in the following order:

      (A) Petition with debtor's declaration;
      (B) Exhibit "A" to the petition if the debtor is a      corporation;
      (C) Attorney's compensation disclosure statement      signed by the attorney;
      (D) For cases under chapters 9 and 11, a list      containing, the names and addresses of the      twenty largest creditors;
      (E) Summary of Schedules;
      (F) Schedules "A" through "J";
      (G) Debtor's declaration concerning the      schedules;
      (H) Statement of Financial Affairs with debtor's      declaration; and
      (I) A creditor matrix complying with Rule 6(b) of     these rules and any general or     miscellaneous-order, which creditor matrix     should not be stapled to the petition.

(d) Late Filing of Papers. When the schedules, statement of financial affairs, and other papers are filed after the filing of the petition, they must be assembled in the same order as though they had been filed with the petition.


[page 7]

RULE 7
NUMBER OF COPIES

(a) Voluntary and Involuntary Petitions and Accompanying Papers. Unless otherwise ordered by a judge, or by general order, the number of copies of petitions, disclosure statements, plan, and accompanying papers, including amendments to such documents must be:

    (1) Chapter 7 -- an original and three copies;
    (2) Chapter 9 -- an original and eight copies;
    (3) Chapter 11 -- an original and six copies;
    (4) Chapter 12 -- an original and four copies; and
    (5) Chapter 13 -- an original and four copies.

(b) Motions and Briefs. All motions and briefs must be accompanied by two copies.


RULE 8
AMENDMENTS

(a) Caption Sheet. All amendments to the petition, statements, lists or schedules must have a caption sheet complying substantially with the official forms and must be entitled "AMENDMENT TO (specify petition, statement, list or schedule being amended)."

(b) Signature of Debtor(s). All amendments must be verified or contain an unsworn declaration to the same extent as was required of the original document.

(c) Additional Filing Fee. An additional filing fee is required for each amendment to a debtor's schedules or list of creditors after the notice to creditors has been served.

[page 8]

(d) Amendment to the Creditor Matrix. If an amendment contains additional creditors, the debtor must submit an amended creditor matrix listing only the additional creditors. The amended creditor matrix must comply with Rule 6(b) of these rules.


RULE 9
DEBTOR(S)' STATEMENT OF INTENTION AND PERFORMANCE

(a) Notice to Trustee. Any statement, of intention respecting surrender or retention of property made under the provisions of 11 U.S.C § 521(2)(A) must be served on the trustee and all creditors affected, with a certificate of service complying with Rule 15 of these rules.

(b) Performance of Stated Intention. Upon performance of a stated intention, pursuant to 11 U.S.C. § 521(2)(B), the debtor must promptly advise the trustee in writing of such performance and of the disposition of the property.


RULE 10
DUTIES OF CERTAIN TRUSTEES AND DEBTORS-IN-POSSESSION

(a) Chapter 7 Cases. The chapter 7 trustee must submit:

    (1) A first report within 60 days of the meeting of creditors;

    (2) An interim report every 180 days, as required by the Office of the United States Trustee, unless a Final Decree has been issued;

    (3) A Final Report, pursuant to 11 U.S.C. § 704(9), containing the information required by the Office of the United States Trustee.

(b) Chapter 11 Cases -- Post-confirmation. The debtor-in-possession, or trustee, in a case under chapter 11 must submit the following:

    (1) A report. no more than five pages in length, within 30 days after the

    [page 9]

    date of the order confirming the, plan, and every four months thereafter until the case is closed. This report shall set forth the actions taken toward consummation of the plan. and give an estimate of the date that a Final Report and Request for Final Decree will be filed;

    (2) Upon substantial consummation of the plan, a Final Report. and Request for a Final Decree.

(c) Records-Retention. All Trustees and debtors-in-possession must retain all records pertaining to a case for a period of not less than two years after the case is closed, or for such longer period as may be required by any applicable provision of the Internal Revenue Code.


RULE 11
SUMMONSES AND SUBPOENAS

Summonses are prepared by parties or their counsel and issued by the Clerk. Subpoenas must be prepared and issued pursuant to Fed.R.Bankr.P. 9016.


RULE 12
REQUESTS FOR ENLARGEMENT OF TIME

All requests for enlargement of time for the performance of an act required or allowed to be done must state:

    (1) the date by which the act may or must be performed without the requested enlargement;

    (2) whether previous requests for enlargement have been made, including the number and length of previous enlargement(s); and

    (3) whether the other party or parties in interest agree or object to the requested enlargement.


[page 10]

RULE 13
MOTIONS AND OBJECTIONS

(a) Request for Relief Defined. A request for relief other than one required to be commenced under Fed.R.Bankr.P. 7001 may be made by application, motion or in a response. An application is a request for relief which requires approval of the Court and. may. be granted ex parte. A motion is a request for relief which requires service, notice and opportunity for hearing unless made at a hearing as permitted by Fed.R.Bankr.P. 9013.

(b) Brief-Required. A motion, application or response must specify the point or points upon which it is based and must be accompanied by a concise brief. unless excepted by subparagraph (g) of this rule or by the Court. A brief may be combined with the request for relief or response provided the title of the pleading clearly so indicates. No brief longer than 20 typewritten pages may be submitted without prior permission of the Court. Briefs exceeding 15 pages in length shall be accompanied by a table of contents showing headings or subheadings and by a table of authorities cited.

(c) Time for Response. Each party serving a response to a request for relief must serve it within 15 days after service of the request unless the Federal Rules of Bankruptcy Procedure, these rules or an order of the Court provide a different time for response. If service is by mail, an additional three days are allowed. Fed.R.Bankr.P. 9006(f).

(d) Relief From Automatic Stay. If a request for relief from the automatic stay under 11 U.S.C. § 362(d) is opposed, it is the duty of the party opposing it to promptly notify the courtroom deputy clerk of the appropriate bankruptcy judge of the need for a hearing pursuant to § 362(e).

[page 11]

(e) Failure to Respond. Any request for relief which is not opposed within the applicable response period may be deemed confessed and the relief granted ex parte if a Certification and Request for Entry of Order and a proposed order granting the relief are submitted timely to the Court. See subparagraph (i)(3) of this rule.

(f) Hearings. Hearings on requests for relief may not be conducted routinely unless requested or unless required by an applicable Federal Rule of Bankruptcy Procedure or the Court. When applicable, notice of a hearing may be combined in one document with the request for relief, provided that the title of the pleading indicates that such notice is contained' in the document. If the Court orders a hearing, the party requesting the relief is responsible for serving notice of the hearing date and time on all other interested parties and filing a certificate of service in compliance with Rule 15 of these rules.

If a request for relief is based upon facts not appearing of record, the Court may hear the matter on affidavits. See Fed.R.Bankr.P. 9017 which adopts Fed.R.Civ.P. 43(e).

(g) Requests for Relief Not Requiring Briefs. Unless otherwise directed by the Court, briefs are not required with respect to requests for relief:

    (1) To. continue a conference, hearing, or trial;
    (2) To file an amended or supplemental pleading;
    (3) To substitute parties;
    (4) For appointment of professional persons;
    (5) For enlargement of time in accordance with Rule 12      of these rules; and
    (6) For administrative orders requested by a trustee in a      case under Chapter 7, 12 or 13.

    [page 12]

(h) Conference of Attorneys - Discovery. The Court may refuse to hear any motion or response relating to discovery disputes unless counsel for the movant first advises the Court in writing that he or she has conferred in good faith with opposing counsel, and that after a sincere attempt to resolve differences has been made the attorneys have been unable to agree.

(i) Orders.

    (1) Approval of Proposed Orders. All proposed orders must include an approval for entry and signature with typed name, address,, telephone number and, if an attorney, a state bar number. An agreed order approved for entry only by the person submitting it will be acceptable provided it contains, or is accompanied by, that person's certification that all interested parties have consented to its entry.

    (2) Service of Orders. The Clerk will serve copies of orders in adversary proceedings. In all other cases, the prevailing party must serve a copy of each order on all other parties in interest promptly after its entry and file an appropriate certificate of service in compliance with Rule 15 of these rules.

    (3) Proposed Orders Where No Response is Made. In those instances where no response has been served and filed timely, proposed orders must be accompanied by a separate Certification and Request for Entry of Order, certifying to the Court the date and manner of service of the request for relief and the persons and entities upon whom service was made; the applicable response period and the date of its expiration; and the lack of any timely response. If the person submitting the Certification and Request for Entry of Order is not an attorney, it must be

    [page 13]

    sworn to and acknowledged in the form of an affidavit. The Certification and Request for Entry of Order must be filed in the case or proceeding. A sample Certification and Request for Entry of Order is available, upon request, from the Clerk.

    Upon entry of the order by the Court, the person submitting the proposed order must promptly serve copies of the order on all interested parties and file an appropriate proof of service in compliance with Rule 15 of these rules.

    (4) Time for Presenting Proposed Orders. Proposed orders, with the accompanying Certification and Request for Entry of Order, on motions to which no timely response has been filed and served. must be submitted within 20 days following expiration of the applicable response period or the motion may be stricken. All other proposed orders required to be submitted after hearing must be submitted by the prevailing party within five business days after the announcement by the Court of its decision, unless otherwise ordered by the Court.

    (5) Other Ex Parte Orders. In each case of a request for relief presented ex parte, not provided for elsewhere in these rules, the person presenting a proposed order to the Court must specify the statute or rule which authorizes the Court to act ex parte and must state the specific reasons why the Court may and should proceed without notice. If the matter for which relief is sought is, or may be, a contested matter, as defined in Fed.R.Bankr.P. 9014, the person seeking the relief must certify that the opposing party either consents, objects, or despite

    [page 14]

    diligent efforts made in good faith, specifying such efforts, neither the party against whom the relief is requested nor counsel for such party could be contacted and advised that the relief would be sought.

(j) Objections to Proofs of Claim. Any entity objecting to a proof of claim must, concurrently with the filing of the objection, obtain a date and time for hearing the objection from the appropriate bankruptcy judge's courtroom deputy clerk. The objecting party must prepare and file a notice of the hearing and serve it, along with a copy of the objection, at least 30 days prior to the hearing date, in accordance with Fed.R.Bankr.P. 3007, and an appropriate proof of service must be filed in accordance with Rule 15 of these rules. The objecting party may combine the objection and the notice of hearing in a single document, provided that the title of the document indicates that it contains such notice.

Immediately upon filing and serving the objection and notice of hearing, the objecting entity must provide a file-stamped copy of the objection, notice and proof of service to the appropriate courtroom deputy clerk.

(k) Objections to Claims of Exemption. Objections to claims of exemption must comply with Fed.R.Bankr.P. 4003(b).


RULE 14
PRESENTATION OF EVIDENCE IN CONTESTED MATTERS

Unless otherwise provided in an order of the Court, any party wishing to present evidence at a hearing on a contested matter must so advise each opposing party at least five business days before the hearing, and must concurrently serve upon each opposing party marked copies of all exhibits intended to be offered and a list of all witnesses intended to be called,

[page 15]

together with a summary of the testimony of each. Presentation of exhibits is further subject to Rule 19 of these rules.

Failure to comply with this rule may result in exclusion of the evidence or such other sanction as the Court deems appropriate in the circumstances.


RULE 15
CERTIFICATE OF SERVICE

A certificate of service must accompany all requests for relief and notices of hearing submitted for filing. Every certificate of service must include:

    (1) the names and addresses of all persons and entities served,

    (2) the date service was made,

    (3) the manner in which service was made, and

    (4) the signature of the person making the certificate, his or her typed name, address, telephone number and, if an attorney, state bar number.

It is not sufficient to state that service was made on "all parties in interest," "all interested parties," or the like.

In cases where the certificate of service would be inordinately long the Court may provide exception to this rule.

If the Certificate of Service is made by a person who is not an attorney, it must be in the form of a sworn affidavit.


RULE 16
NOTICE

(a) Service Required. Except as otherwise provided in these rules, in the Federal Rules of Bankruptcy Procedure, or in an order of the Court, every paper required to be served must be served on each party in interest upon whom service is required by the Bankruptcy Code or Federal Rules of Bankruptcy Procedure.

[page 16]

(b) Person to be Served. Where an attorney has entered an appearance for a party in a case or proceeding, service of any paper required to be made on such party, except a complaint, must be made on the party's attorney unless the Court directs otherwise.

(c) How Service Made. Service must be made pursuant to Fed.R.Bankr.P. 7005, which adopts Federal Rule of Civil Procedure 5(b), and Fed.R.Bankr.P. 9006.

(d) Certificate or Affidavit of Service. Compliance with Rule 15 of these rules is mandatory.


RULE 17
DEPOSITIONS AND EXAMINATIONS

(a) Depositions. Depositions may be taken at any time after commencement of an adversary proceeding or contested matter and this rule constitutes leave therefor as required by Fed.R.Bankr.P. 7030. Reasonable notice for taking a deposition is no less than three business days unless otherwise ordered by the Court.

(b) Examinations Pursuant to Federal Rule of Bankruptcy Procedure 2004. Leave of Court to examine any entity pursuant to Fed.R.Bankr.P. 2004 must be requested by motion under Rule 13 of these rules, provided however, that if the entity requesting the examination certifies in a written application that notice of the proposed examination has actually been communicated to the entity to be examined, and that there is no objection to the examination as proposed, an order authorizing the examination may be submitted ex parte under Rule 13(i)(5) of these rules.

Examinations pursuant to Fed.R.Bankr.P. 2004 may also be taken by stipulation, in which event no order shall be required.


[page 17]

RULE 18
DISCOVERY MATERIAL NOT FILED

Requests for discovery, answers and responses thereto, and ballots received in connection with confirmation of a Chapter 11 Plan of Reorganization, may not be filed with the Clerk except as permitted by an order of the Court. Discovery materials required to be attached to motions or responses should be limited to only the pertinent portions of such documents. Chapter 11 plan proponents may prepare and file a summary of ballots.


RULE 19
EXHIBITS

(a) Marking and Disclosure. All exhibits which are intended to be offered in evidence at a trial or hearing must be marked for identification and provided to opposing counsel at least five business days prior to the trial or hearing or as may otherwise be ordered by the Court.

(b) Withdrawing Exhibits. Exhibits which have been received into evidence may be withdrawn from the custody of the Clerk before final disposition of the case or proceeding only on order of the Court. Any exhibit not withdrawn within 60 days after final disposition of the case or proceeding may be destroyed or otherwise disposed of by the Clerk upon, ten days' notice to the parties.

(c) Bulky or Heavy Exhibits - Photographs. The Court may provide for preservation of evidence as justice may require. Evidence such as objects, exhibits, diagrams, charts and drawings on a chalkboard may be photographed under the supervision of the Court.

The Court may also order the party offering bulky or heavy exhibits to remove them. Such party must retain custody of, and be responsible for the safekeeping of such exhibits until

[page 18]

after conclusion of the case or proceeding or until further order of the Court.

(d) Legibility. All evidence proposed to be used or introduced in a hearing or trial must be clearly legible.


RULE 20
PRETRIAL PROCEEDINGS

(a) Scheduling. Scheduling conferences may be conducted in adversary proceedings brought pursuant to Fed.R.Bankr.P. 7001 and in contested matters brought pursuant to Fed.R.Bankr.P. 9014. As soon as the case or proceeding is at issue, the Court may schedule any conference it deems appropriate. Whether or not any such conference is held, the Court may enter a scheduling order governing amendments, dispositive motions, discovery, the final pretrial order, trial or hearing dates, and any other appropriate matters.

(b) Preparation for Conferences. Prior to any conference, trial counsel for each of the parties must meet and exchange all then known exhibits and other material which may be offered in evidence, and a list of all then known witnesses. It is the duty of counsel for plaintiff or movant to arrange this meeting. All other counsel must provide full cooperation for this and any subsequent meetings of counsel. Additional exhibits or witnesses must be exchanged promptly once they become known.

(c) Agenda at Conference. Counsel who will conduct the trial or hearing and pro se parties must attend all conferences and be prepared to discuss, to the extent appropriate, all of the following:

    (1) Whether or not the proceeding is a core proceeding;

    (2) If it is not a core proceeding, whether or not the parties consent that

    [page 19]

    the bankruptcy judge hear and determine the matter and enter appropriate orders and judgments;

    (3) Elimination of unnecessary claims or defenses;

    (4) Possibility of stipulations and admissions of facts;

    (5) Elimination of unnecessary and cumulative evidence;

    (6) Identification of witnesses and documents, the scheduling of pretrial motions, discovery cut-off, trial briefs, proposed findings of fact and conclusions of law, and the trial date;

    (7) Me possibility of settlement;

    (8) Disposition of any pending matters;

    (9) Need for specific procedures in difficult or protracted cases;

    (10) Any unusual or unique legal issues; and

    (11) Any other appropriate matters.

This rule shall be applied in lieu of Fed.R.Civ.P.26(a)(1). In addition, this rule shall apply in lieu of the formal written reports required by Fed.R.Civ.P. 26(a)(4) and (f). Further, discovery shall not be stayed pending the meeting of counsel as required by Fed.R.Civ.P. 26(f).

(d) Preparation of the Final Pretrial Order. Unless otherwise ordered, counsel for the plaintiff or movant is responsible for initially preparing, circulating and submitting to the Court the final pretrial order in adversary proceedings. Opposing counsel shall cooperate fully in the preparation of the order. A sample final pretrial order is available, upon request, from the Clerk.

[page 20]

(e) Default. Failure to appear at a conference, appearance at a conference unprepared, or failure to cooperate in good faith with opposing counsel, may result in the imposition of sanctions. Possible sanctions include, without limitation, dismissal of complaints; the striking of pleadings, motions or responses; entry of preclusion orders; orders staying the proceeding; default judgment or order; assessment of expenses, costs and fees against either a party or counsel; or such other order as the Court may deem appropriate.


RULE 21
PERIODIC DISPOSITION DOCKET

(a) Dormancy. Any adversary proceeding or contested matter which has been- pending without action for more than 90 days may be deemed dormant unless it is under submission.

(b) Disposition Docket. Periodically, the Clerk shall prepare a schedule of all dormant matters. Upon direction of the Court, the Clerk will notice all dormant matters for a disposition docket. The Clerk must give no less than ten days' notice by mail of the hearing to all parties and their counsel of record.

(c) Disposition of Dormant Matters. If the party or counsel of record fails to appear at such hearing or otherwise fails to show good cause why the dormant matter should not be dismissed or stricken, or fails to submit an order acceptable to the Court disposing of the matter at or prior to the hearing, the Court may dismiss or strike the dormant matter, or otherwise dispose of it with or without prejudice. Reopening or reassertion of the matter after disposition may be conditioned upon such terms as the Court may determine.


[page 21]

RULE 22
PROCEDURES IN CASES UNDER CHAPTER
12

Procedures and guidelines concerning cases under chapter 12 will be set forth in general orders of this Court, which orders wi11 be subject to amendment from time to time.


RULE 23
PROCEDURES IN CASES UNDER CHAPTER 13

The following provisions apply to cases under chapter 13 of the Bankruptcy Code. These provisions are in addition to other provisions of these rules, which shall also govern chapter 13 cases to the extent applicable.

(a) Filing of Chapter 13 Plans and Plan Summaries. Debtor must provide to the Clerk, upon filing the chapter 13 plan, an original and four copies of the plan or summary. The Clerk will make sufficient copies for mailing a copy to all interested parties and to the standing chapter 13 trustee.

(b) Contents of the Chapter 13 Plan. The plan must provide, in detail, for the treatment of all classes of claims. It must contain provision for each of the following and if any is not applicable, the plan should so state.

    (1) Attorney fees. A statement of the amounts paid prior to the filing; the amount and terms of any proposed payment pursuant to the plan; and the total contemplated compensation.

    (2) Support obligations. A description of all currently outstanding support obligations, any arrearage thereon, and the proposed treatment of both.

    (3) Secured claims. Each secured claim, including home mortgages, must include

    [page 22]

    a statement containing:

      (A) an estimate of the total claim amount,       including any arrearage and allowable costs;
      (B) an estimate of the amount of any pre-petition       arrearage and allowable costs;
      (C) the value assigned to the collateral under the       proposed plan and the amount of the claim to       be allowed as secured and unsecured;
      (D) the terms of repayment under the contract       and under the proposed plan;
      (E) the proposed provision for cure of any      arrearage and allowable. costs; and
      (F) whether the proposed repayment extends      beyond the term of the plan.

    (4) Priority Claims. The plan must state the existence and extent of any priority claims to be paid through the plan or otherwise.

    (5) Unsecured claims. The plan must state the amount proposed to be paid during the life of the plan to holders of allowed unsecured claims.

    (6) Special provisions. There must be a description of any other provision of the plan.

    (7) Proposed plan payments and term. The plan must state the amount, frequency, and number of the debtor's proposed payments to the trustee.

    (8) Term of the plan. There must be a statement of the proposed term of the plan and, if applicable, the cause for proposing a plan in excess of three years in length.

    (9) Total payments (Base Amount). The plan must state the total amount to be, paid to the trustee over the life of the proposed plan, to be known as the "base

    [page 23]

    amount."

(c) Plan Summaries. The Plan summary, if required, must contain such information as is necessary to provide adequate notice of the plan's treatment of the claims of all members of each class of creditors.

(d) Objections to Confirmation of the Proposed Plan.

    (1) Time for Filing. Objections to confirmation of the proposed plan must be in writing, and must be filed and served no later than 20 days after the first date set for the meeting of creditors held pursuant to Section 341(a).

    (2) Valuation Hearings. Disputes involving valuation of property must be resolved prior to the hearing on plan confirmation. The entity objecting to any valuation is responsible for obtaining a hearing date and time, and for serving notice thereof as in the case of service of objections to confirmation.

    (3) Service of Objections. Objections will not be considered unless a copy of the objection has been timely served on the trustee, debtor's counsel, and all other parties in interest.

    (4) Enlargement of Time. For good cause shown, the Court, upon request made within the applicable time period, may enlarge the time for filing and serving objections to confirmation.

(e) Orders Confirming Plans. The standing chapter 13 trustee may prepare and submit to the Court an order confirming the plan if no objection to confirmation has been timely filed and served or if any such objection has been withdrawn and the trustee is of the view that the plan meets the requirements of 11 U.S.C. § 1325(a) for confirmation.

[page 24]

(f) Modifications and Amendments to Plans.

    (1) The debtor must file and serve a copy of any proposed modification or amendment to any plan on the trustee and on all parties in interest affected by it, which proposed modification or amendment shall be treated as a contested matter and governed by Rule 13 of these rates.

    (2) Each-proposed modification must clearly describe, as to each claim or class of claims sought to be modified, the original treatment, any proposed change, and the necessity or reason for the proposed change.

    (3) The debtor must file with the proposed modification or amendment a supporting affidavit and amended Schedules, if appropriate, and must serve copies of the same as in subparagraph (f)(1) of this rule.

    (4) Debtors must serve copies of all orders entered by the Court modifying plans as in subparagraph (f)(1) of this rule.


RULE 24
ASSIGNMENT AND DIVISION OF CASES

(a) Assignment of Cases. The Clerk is directed to effect assignment and division of cases among the judges by a method set forth in a general order, which order may be amended from time to time.

(b) Assignment of Companion Cases. The term "companion case" means a case that may be consolidated for purposes of administration under Fed.R.Bankr.P. 1015. When companion cases are filed the case with the later filing date may be transferred by the assigned judge to the judge assigned the case with the earlier filing date. No transfer shall be made until the

[page 25]

respective judges have agreed to it.

(c) Complaints. Complaints in adversary proceedings brought pursuant to Fed.R.Bankr.P. 7001 will be assigned in all instances to the judge to whom the related bankruptcy case is assigned.


RULE 25
INVESTMENT AND DISBURSEMENT OF REGISTRY FUNDS

Investment and disbursement of registry funds will be made pursuant to general orders of this Court, which will be subject to amendment from time to time.


RULE 26
EN BANC HEARINGS AND TRIALS

Upon request by a judge of the Court, or upon motion, any matter may be heard en banc if all judges of the Court concur.


RULE 27
FILING AND MISCELLANEOUS FEES

(a) Acceptable Forms of Payment. All fees will be charged in accordance with 28 U.S.C. § 1930 and regulations promulgated thereunder. A filing or miscellaneous fee tendered to the Clerk must be in the form of currency, cashier's check, money order, or check of the attorney. Currency will be accepted only if presented in person. Checks must be dated currently. Post-dated checks will not be accepted. Personal checks will not be accepted from debtors. Checks may be refused from law firms or individuals attorneys, who have tendered checks which have been returned by the bank on which drawn for insufficient funds within the previous twelve months. Separate checks must be tendered for each filing fee.

[page 26]

(b) Payment Required. Unless otherwise provided in the Bankruptcy Code or Rules, or in a general order of this Court, the Court may return any documents presented for filing and delay any requested service until such time as the appropriate fee is tendered.

(c) Payment of Filing Fees in Installments. An application for paying filing fees in installments must be separate from the petition and must state the proposed installment payments. The application must be on the appropriate Official Form. In those cases where applicable, if the entire filing fee has not been paid on the date of plan confirmation, the debtor-in-possession or trustee must pay the balance to the Clerk prior to any other payments provided for in the confirmed plan.

The Clerk is directed to give notice of a hearing to show cause upon failure to receive timely installment payments. The Clerk must give no less than ten days' notice by mail of the hearing to debtor(s) and counsel of record. If debtor(s), or counsel of record, fails to appear at such hearing or otherwise fails to show good cause why the case should not be dismissed for failure to pay filing fees, or fails to pay the entire balance of the fees owing at or prior to the hearing, the Court may dismiss the case, or otherwise dispose of it without prejudice.

(d) Priority of Payment. All Clerk's costs due and owing must be paid in full prior to payment of any interim professional compensation or other administrative expenses from any estate.


RULE 28
CONVERSION AND DISMISSAL OF CASES

Conversion or dismissal of a case, except those conversions pursuant to §§ 1208(a) or 1307(a), shall be effective only upon entry of an order. Conversions pursuant to §§

[page 27]

1208(a) or 1307(a) are effective upon filing and service. by debtor. of a Notice of Conversion. Any request for conversion, the procedure for which is not specifically set forth in the following subparagraphs of this rule, must be made by motion, filed and served in conformity with Rules 13 and 15 of these rules.

(a) Conversions from Chapter 7. Requests for conversion of a case from chapter 7 to chapters 11, 12, or 13, if by the debtor, must be made by Motion for Order Converting Case accompanied by an affidavit containing facts showing that the case is eligible for conversion under § 706(a) and (d). Requests for conversion of a case from chapter 7 to chapter, 11, if by a party in interest, must be by motion, filed and served pursuant to Rules 13 and 15 of these rules.

(b) Conversions from Chapter 11. Requests for conversion of a case from chapter 11 to chapter 7, if by a debtor, must be made by Motion for Order Converting Case accompanied by an affidavit averring facts showing that the case is eligible for conversion under § 1112(a) and (f). Requests for conversion of a case from chapter 11 to chapter 7, if by a party in interest or the United States Trustee, must be by motion, filed and served pursuant to Rules 13 and 15 of theses [sic] rules respectively.

Requests for conversion of a case from chapter 11 to chapters 12 or 13, if by a debtor, must be made by motion, filed and served pursuant to Rules 13 and 15 of these rules respectively.

(c) Conversions from Chapter 12. Conversion of a case from chapter 12 to chapter 7, if requested by a debtor, is effective upon debtor's filing and serving a Notice of Conversion. Requests for conversion of a case from chapter 12 to chapter 7, if by a party in interest, must

[page 28]

be made by motion, filed and served pursuant to Rules 13 and 15 of these rules.

(d) Conversions from Chapter 13. Conversion from chapter 13 to chapter 7, if requested by the debtor, is effective upon debtor's filing and serving a Notice of Conversion. Requests for conversion of a case from chapter 13 to chapter 7, if by a party in interest, must be made by motion. filed and served pursuant to Rules 13. and 15 of these rules.

All requests for conversion of a case from chapter 13 to chapters 11 or 12 must be made by motion, filed and served in conformity with Rules 13 and 15 of these rules.

(e) Conversion of One Debtor in Joint Cases. One debtor in a joint case may convert the case as to such debtor alone only after a motion to deconsolidate has been granted. Upon the order granting deconsolidation and payment of the fee required by the Administrative Office of the United States Courts, pursuant to 28 U.S.C. § 1930, requests for conversion may then be submitted according to the procedures in the appropriate prior subparagraph of this rule.

(f) Requests for Dismissal. Requests for dismissal of any case, except those requests made pursuant to §§ 1208(b) or 1307(b), must be made by motion. Requests by debtor(s) for dismissal of cases under chapters 12 or 13, pursuant to §§ 1208(b) or 1307(b), must be made by Motion for Order Dismissing Case accompanied by an affidavit containing facts showing that the case has not been previously converted.


RULE 29
DISMISSAL OF RELATED ADVERSARY PROCEEDINGS

Any adversary proceeding in which a final judgment has not been entered is deemed dismissed, without prejudice and without further order of the Court. upon dismissal of the case under which it pends, except as provided by an order of the Court. However. as to proceedings

[page 29]

which have been removed from other courts to the bankruptcy court, dismissal of the proceeding shall not be deemed effective until twenty days after dismissal of the case in order to provide time for the proceeding to be remanded to the court from which it was removed.


RULE 30
ALTERNATIVE DISPUTE RESOLUTION

The Court recognizes that alternative dispute resolution (ADR) procedures may facilitate compromise or narrowing of issues in contested matters and adversary proceedings. Any party may file a request for alternative dispute resolution. Opposing parties shall have ten days to file written objections stating the basis for their objections. After reviewing the request, any objections and, if appropriate, conducting a conference with the parties, the Court may refer any adversary proceeding or contested matter for appropriate non-binding ADR. Unless the parties agree upon the sharing of the costs of the ADR procedure, such costs shall be borne by the requesting party.

In the alternative, the judge to whom the case is assigned may sua sponte or upon request direct the parties to participate in a settlement conference before a judge other than the judge to whom the case is assigned.

To facilitate settlement or resolution of any adversary proceeding or contested matter, the judge may stay the pending matter, in whole or in part, in order to allow time to complete the ADR procedure.


[page 30]

RULE 31
NOTICES OF APPEAL

(a) Copies of Notice of Appeal. The appellant must provide the Clerk an original and one copy for each party to the appeal. The Clerk shall serve notice of the filing of the notice of appeal pursuant to Fed.R.Bankr.P. 8004.

(b) Designation of Record. In addition to the requirements of Fed.R.Bankr.P. 8006, a designation of record must state the date on which each item to be included in the record on appeal was filed. An original and three copies of the designation of record are required.

(c) Procedures Following Remand. Whenever a matter is remanded to the bankruptcy court any party may move to set the matter for further proceedings.