Rules & Procedures
Rules and Procedures
Automatic Adjustment of Dollar Amounts
On April 1, 2013, automatic adjustments to the dollar amounts stated in various provisions of the Bankruptcy Code and one provision in Title 28 of the United States Code will become effective. The amended dollar amounts will apply to cases filed on or after April 1, 2013.
In the Bankruptcy Reform Act of 1994, as amended by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, and Pub. L. No. 110-406 (2008), Congress provided for the automatic adjustment of these dollar amounts at three-year intervals. The relevant provisions are codified in 11 U.S.C. §104(a).
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.
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). |
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.