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Rules and Procedures

Proposed Amendments Published for Public Comment

The Judicial Conference Advisory Committees on Appellate, Bankruptcy, Criminal, and Evidence Rules have proposed amendments to their respective rules and forms, and requested that the proposals be circulated to the bench, bar, and public for comment.  The proposed amendments, Rules Committee reports explaining the proposed changes, and other information are posted on the Judiciary’s website HERE. The public comment period ends February 15, 2013

Mandatory Electronic Filing

Pursuant to Local Rule 5005, “Electronic filing is mandatory for all attorneys who file in this district except in limited emergency circumstances or where the attorney has received a waiver from the mandatory requirement from the Chief Judge of the Bankruptcy Court.  If an attorney encounters emergency circumstances that require the attorney to file documents in paper form, the paper filing shall be accompanied by a letter briefly discussing the emergency circumstances that prevented electronic filing.”  For additional information on how to become a registered electronic filer, please refer to the “Training” link under the above entitled section “Information for Attorneys.”

Updated Chapter 13 Model Plan

An updated version of the Chapter 13 Model Plan has been posted and can be found in the Bankruptcy Forms Section under "Local Forms."  For more information, click here.

Voluntary Conversions and Dismissals

Voluntary Conversions and Dismissals. The following chart assumes that unless otherwise indicated, these motions or notices are made by the debtor or debtor’s attorney to all interested parties in the case. Fed. R. Bankr. P. 1017(a). Notice will not be given by the bankruptcy court. See 11 U.S.C. §§ 706, 707, 1112, 1208, 1307.

Notice of the motion must advise interested parties of their right to request that the court set a hearing on the motion. No action will be taken on the motion unless 14 days have passed, plus three days for mailing. If no request for a hearing is made during that time, the moving party may file an affidavit of no objection and proposed order granting the action requested. LBR 9013. The court may also decide to set a hearing even if no request is made.

If a hearing is set, only the party requesting the hearing, debtor, debtor’s counsel, and any trustee will be sent notice by the court at least 21 days before the hearing. Fed. R. Bankr. P. 2002(a)(4).

Dismissals

7,11 Motion, opportunity for hearing, granting order discretionary with court.  11 U.S.C. §§ 707(a), 1112(b)(1).
12 Motion, case not previously converted, mandatory order dismissing. No notice necessary if case not previously converted. 11 U.S.C. § 1208(b).
13 Motion, case not previously converted, mandatory order dismissing. No notice necessary if case not previously converted. 11 U.S.C. § 1307(b).

 

Conversions

In all cases below, the debtor must qualify to be a debtor under the chapter to which conversion is sought.

7 to 11
Motion, case not previously converted, opportunity for hearing, granting order discretionary with court. 11 U.S.C. § 706(a), (b).
7 to 12 Motion, case not previously converted, opportunity for hearing, granting order discretionary with court. 11 U.S.C. § 706(c), (d).
7 to 13 Motion, case not previously converted, opportunity for hearing, granting order discretionary with court.1 11 U.S.C. § 706(c), (d).
11 to 7 Motion, debtor qualifies under § 1112(a), mandatory order granting unless debtor is a farmer or not a moneyed, business, or commercial corporation, or if so, unless debtor consents. 11 U.S.C. § 1112(c); Fed. R. Bankr. P 1017(f)(2).
11 to 12

Motion made before discharge, debtor requests, conversion is equitable, order granting discretionary with court. 11 U.S.C. § 1112(d).

11 to 13 Motion made before discharge, debtor requests, order granting discretionary with court. 11 U.S.C. § 1112(d).
12 to 7 Debtor converts, no notice or order. 11 U.S.C. § 1208(a); Fed. R. Bankr. P. 1017(f)(3).
12 to 11 Motion, if qualified, order granting discretionary with court. 11 U.S.C. § 1208(e).
12 to 13 Motion, if qualified, order granting discretionary with court. 11 U.S.C. § 1208(e).
13 to 7 Debtor converts, no notice or order. 11 U.S.C. § 1307(a); Fed. R. Bankr. P. 1017(f)(3).
13 to 11 Motion before confirmation, if qualified, order granting discretionary with court. 11 U.S.C. § 1307(d), (g).
13 to 12

Motion before confirmation, if qualified, order granting discretionary with court. 11 U.S.C. § 1307(d), (g).

Register of Mailing Addresses of Governmental Units

The Federal Rules of Bankruptcy Procedure require the Clerk of the Bankruptcy Court to
keep a register of mailing addresses of federal and state governmental units, and to make the
register available to users. Fed. R. Bankr. P. 5003(e). The Clerk has updated the register of
mailing addresses in the Eastern District of Wisconsin to ensure compliance with the rule.

If you would like to be added to the register in the Eastern District of Wisconsin, or would
like more information contact Sean McDermott at 414-290-2704.

Register of Mailing Addresses of Federal and State Governmental Units

State of Wisconsin                                                        
DWD - Unemployment Insurances Taxes
PO Box 8914
Madison, WI 53708

State of Wisconsin
DWD - Unemployment Insurances Benefits
PO Box 7888
Madison, WI 53707

Wisconsin Department of Veterans Affairs
PO Box 7843
Madison, WI 53707-7843

Internal Revenue Service (Centralized Insolvency Operation)
PO Box 7346
Philadelphia, PA 19101-7346

Franchise Tax Board (Adversary Proceedings)
Chief Counsel
c/o General Counsel Section
PO Box 1720, MS: A-260
Rancho Cordova, CA 95741-1720

Franchise Tax Board
Bankruptcy Section, MS: A-340
PO Box 2952
Sacramento, CA 95812-2952

City of Milwaukee
Office of City Attorney
200 E. Wells St., Room 800
Milwaukee, WI 53202

California State Board of Equalization (Tax Liability)
Special Operations Bankruptcy Team, MIC: 74
PO Box 942879
Sacramento, CA 94279-0074

Executive Director (Summons and Complaint)
California State Board of Equalization
450 N Street, MIC: 73
Sacramento, CA 95814-0073

California State Board of Equalization (F.R.B.P 2002 - all other notices)
Account Information Group, MIC: 29
PO Box 942879
Sacramento, CA 94279-0029

Michigan Dept. of Treasury, Tax Policy Division
Attn: Litigation Liaison
2nd Floor, Austin Building
430 west Allegan Street
Lansing, MI 48922