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General Orders

 

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

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

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

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.

SO ORDERED.

FIRST AMENDED STANDING ORDER (05-1): VACATED

On October 31, 2005, this Court adopted First Amended Standing Order (05-1). This Court adopted the current version of the Local Rules on November 1, 2017. Four of the five provisions of First Amended Standing Order were substantively incorporated into the current Local Rules, Model Plan, or the Appendix to Local Rules. See Bankr. E.D. Wis. L.R. 1007.2, 2002, 4001, 4004; Official Form Plan for the Eastern District of Wisconsin; and Appendix to Local Rules. The remaining provision of First Amended Standing Order regarding the delivery of payment advices is inconsistent with the current Local Rules.

Therefore, to avoid repetition or confusion, IT IS ORDERED that First Amended Standing Order (05-1) is vacated.

AMENDED GENERAL ORDER NO. 2 (08-1): VACATED

On October 12, 2018, this Court adopted Amended General Order No. 2 (08-1) to vacate General Order No. 1 and to keep Interim Bankruptcy Rule of Procedure 5012 in effect until further order by the court.

Interim Rule 5012 was abrogated in December 2010.

Therefore, IT IS FURTHER ORDERED that Amended General Order No. 2 (08-1) is vacated. General Order No. 1 will remain vacated.

GENERAL ORDER NO. 3 (08-2): RESTATED

This Court’s December 8, 2008 General Order No. 3 gives effect to Interim Rule 1007-I, which implements the National Guard and Reservists Debt Relief Act of 2008—an Act that provides a temporary exclusion from the means test for certain members of the Armed Forces—as well as all amendments to Interim Rule 1007-I. The order remains in effect and Interim Rule 1007-I and all amendments to it continue to apply in this court.

GENERAL ORDER (11-1): RESTATED

General Order 11-1, dated July 18, 2011, states: “Panel trustees . . . 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…” This Court did not include this authorization in Local Rule 2070(a), though the failure to do so appears to have resulted from oversight, rather than design. Consequently, the panel trustees continue to be 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, subject to the terms of Local Rule 2070.

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All prior general orders of the bankruptcy court that are not restated above are vacated.

Dated November 13, 2019

 

VACATED AND SUPERCEDED ORDERS