GENERAL ORDER AUTHORIZING CHAPTER 7 PANEL TRUSTEES TO INCUR AND PAY BANK FEES AND CHARGES FOR MAINTAINING ESTATE ACCOUNTS
Pursuant to LR 2070.1 of the Bankruptcy Court for the Eastern District of Wisconsin, the Court orders that:
(1) Panel trustees in the Eastern District of Wisconsin administering cases under Chapter 7 of the Bankruptcy Code are authorized to incur and pay any actual, necessary expenses (as contemplated by 11 U.S.C. § 330) for bank fees and charges directly related to the administration of estate accounts; and
(2) The above authorization is subject to the provisions of LR 2010.1(a) (providing that the trustee may not incur and pay expenses exceeding $1,000 without notice and approval of the Court) and LR 2017.1(d) (allowing creditors or the United Sates Trustee to demand advance notice of expenditures under certain circumstances).
This order is effective for all Chapter 7 cases pending on or after July 1, 2011, and shall remain in effect until further order of the Court.
WHEREAS, the United States District Court for the Eastern District of Wisconsin has by Order dated December 13, 1993, authorized the Bankruptcy Judges of this district to make Local Rules governing practice and procedure before the bankruptcy courts of this district; and WHEREAS, an advisory committee appointed by the Chief Bankruptcy Judge issued proposed Local Rules, and such rules were published and a public hearing was held for comment, and the rules were reviewed and modified by the Bankruptcy Judges; and WHEREAS, the Bankruptcy Judges of the Eastern District of Wisconsin approved the Local Rules dated January 5, 2010, posted on this court's web site;
THEREFORE IT IS ORDERED:
That the Local Rules of the Bankruptcy Court for the Eastern District of Wisconsin, dated January 5, 2010, are adopted as the rules of the bankruptcy court on an interim basis until approval of the judges of the United States District Court for the Eastern District of Wisconsin; and These Rules conform to the numbering system of the Federal Rules of Bankruptcy Procedure, are consistent with Acts of Congress, do not limit the use of Official Forms, and shall not be interpreted to supercede the Federal Rules of Bankruptcy Procedure; and These Rules shall not be interpreted to cause the party to lose substantive rights for non-willful failure to comply with such rules; and Upon approval by the District Court, copies of the Rules shall be submitted to the Judicial Council of the Seventh Circuit Court of Appeals and to the Administrative Office of United States Courts pursuant to the Rule 83, Fed. R. Civ. P. and Fed. R. Bankr. P. 9029
Date Issued: February 9, 2010
(The District Court Order Approving Local Bankruptcy Rules was signed on May 11, 2010)
WHEREAS, the National Guard and Reservists Debt Relief Act of 2008, Pub. L. No. 110-438, amending 11 U.S.C. § 707(b)(2)(D), providing temporary exclusion from the application of the means test for certain National Guard and Reserve members of the Armed Forces of the United States, becomes effective December 19, 2008; and WHEREAS, there is insufficient time before the Act becomes effective to promulgate rules to implement the Act;
THEREFORE, IT IS ORDERED:
Interim Bankruptcy Rule 1007-1 applies to all cases filed in the Bankruptcy Court for the Eastern District of Wisconsin beginning December 19, 2008, and thereafter, until further order of this court.
Date Issued: December 19, 2008
WHEREAS, by court order dated October 12, 2005, this court adopted the Interim Rules of Bankruptcy Procedure to implement the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 pending promulgation of permanent Federal Rules of Bankruptcy Procedure by the Committee on Rules of Practice and Procedure of the Judicial Conference of the United States; and whereas, with the exception of Interim Rule 5012, such Rules shall become effective on December 1, 2008,
IT IS ORDERED:
The order of October 12, 2005, is vacated effective December 1, 2008. Interim Rule 5012 shall remain in effect until further order of this court.
Date Issued: October 12, 2008
In order to better implement the provisions of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, for cases filed on or after October 17, 2005, the Standing Order issued October 14,2005, is hereby amended as follows:
1. Notwithstanding the provisions of 11 U.S.C. § 1326(a)(1)(B) and (a)(1)(C), the debtor shall pay the chapter 13 trustee the full amount of the payments proposed by the plan, without reduction for post-petition lease payments or secured claims. Post-petition payments of personal property leases governed by § 1326( a)(1)(B) and post-petition payments of purchase money personal property secured claims governed by § 1326(a)(1)(C) shall be made to the chapter 13 trustee, only if the plan expressly so provides. Trustee commission should be included with the pre-confirmation payments. Within 30 days after receipt of such payments and continuing until confirmation of the plan or further order of the court, the trustee shall distribute the amounts designated in the plan to purchase money personal property secured creditors and lessors with allowed secured claims.
2. Payment advices or other evidence of payment referred to in § 521(a)(I)(B)(iv) shall not be filed with the court. Instead, in chapter 13 cases copies of these documents shall be delivered to the trustee, or in chapter 11 cases, the United States Trustee, no later than seven days prior to the § 341 meeting of creditors. In chapter 7 cases copies of those documents shall be delivered to the chapter 7 trustee when required by the trustee.
3. In any chapter 7 case in which a debtor uses exemptions from another State pursuant to § 522(b)(3)(A), and the property exempted under § 522(p)(1)(A), (B), (C) and (D) exceeds in the aggregate $125,000, the debtor shall file with the court a certification under penalty of perjury stating whether or not there is a proceeding pending in which the debtor may be found guilty of a felony of the kind described in § 522( q)(1)(A) and whether or not the debtor owes any debts of the kind described in § 522(q)(1)(B). The certification shall be filed no earlier than 45 days and no later than 50 days after the first date set for the § 341 meeting of creditors.
4. Debtors subject to domestic support obligations shall provide the trustee with the name, telephone number and address of domestic support creditors and the name and address of the debtor's employer not later than 7 days prior to the first scheduled § 341 meeting of creditors. Debtors subject to domestic support obligations shall notify the trustee of any changes to the domestic support creditor or employer information prior to discharge, and in chapter 11, 12 and 13 cases shall provide the trustee with current information at the time of the last payment under the plan.
5. Creditors filing a notice of preferred address pursuant to §342(f) shall file such notices directly with the Bankruptcy Noticing Center (BNC) and not with the court. Notices must be filed at BAE Systems - Bankruptcy Noticing Center, 2525 Network Place Herndon, VA 20171-3514. Information for filing a §342(f) notice with the BNC can be obtained through ncrs.uscourts.gov or at (877) 837-3424. Section 342(f) notices filed with the BNC shall be deemed filed with the court.
Date Issued: October 31, 2005
In accordance with Rule 9029 of the Federal Rules of Bankruptcy Procedure and Rule 83 of the Federal Rules of Civil Procedure, IT IS ORDERED that the Bankruptcy Judges of this district are authorized to adopt rules of practice and procedure. Dated at Milwaukee, Wisconsin, this 13th day of December, 1993.
Date Issued: December 13, 1993
ORDER OF REFERENCE
In accordance with the "Bankruptcy Amendments and Federal Judgeship Act of 1984" which became effective on July 10, 1984, IT IS ORDERED that any or all cases under title 11 and any or all proceedings arising under title 11 or arising in or related to a case under title 11 shall be referred to the bankruptcy judges of this District. Dated at Milwaukee, Wisconsin, this 10th day of July, 1984.
Date Issued: July 10, 1984