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Final Notice of Proposed Changes to Bankruptcy Local Rules

Friday, October 10, 2025

FINAL NOTICE:

PROPOSED REVISIONS TO THE LOCAL RULES OF THE BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF WISCONSIN,

OCTOBER 24, 2025 DEADLINE FOR FINAL WRITTEN COMMENTS

This is the final notice of the proposed amended local rules and opportunity to comment, including on the modifications that have been made to address the written and oral comments received previously. Any final comments on these proposed amended local rules must be emailed to Clerk of Court Sean McDermott at Sean_D_McDermott@wieb.uscourts.gov on or before October 24, 2025.

The final proposed local rules amendments are ready for review here.

On October 8, 2025, the Bankruptcy Court for the Eastern District of Wisconsin held a public hearing on proposed amendments to its local rules. Based on written comments received before the meeting, as well as oral comments and suggestions made at the meeting, the court has made the following modifications:

  • LR 2016-1 Applications for Compensation for Services Rendered and Reimbursement of Expenses

Subparagraph (c): "order" changed to "ordered".

  • LR 3002-1(a)(2) Supplemental Claims: modified to allow use of the Official Proof of Claim Form with any needed modifications or a Local Form to file a supplemental form:

A creditor filing a supplemental claim must use the Official Bankruptcy form for filing a proof of claim, modified at a minimum to identify it clearly as a supplemental claim, or the Local Supplemental Proof of Claim Form.

Revised several related provisions in LR 3022-1, 3022-2, and 4004-2 to address ambiguity relating to service of closing-related motions and other documents.

  • LR 3022-1 Interim Closure or Final Decree Closing a Non-Subchapter V Chapter 11 Case

LR 3022-1(b). Motion for final decree. After an estate is fully administered, a reorganized debtor or a chapter 11 trustee may file a motion for a final decree using the court's Local Form Number 3022-1(a). Notice of the motion with 28 days' notice of the deadline to object must be served on all parties upon whom the plan was served.

LR 3022-1(c)(1). Motion for order closing case on interim basis. (1) If a chapter 11 estate is substantially consummated, but not fully administered, a reorganized debtor or chapter 11 trustee may file a motion to close the case on an interim basis using the court's Local Form Number 3022-1(b). Notice of the motion with 28 days' notice of the deadline to object must be served on all parties upon whom the plan was served. The motion must be supported by a declaration under penalty of perjury showing that the estate has been substantially consummated and explaining why it cannot be fully administered promptly.

  • LR 3022-2 Closing Cases Under Subchapter V of Chapter 11: Final Reports and Final Decrees

(b) Cases in which the debtor confirms a plan under 11 U.S.C. §1191(a). In cases in which the debtor confirms a plan under 11 U.S.C. §1191(a):

(1) Subchapter V final report and account. The court may close the case if the case is fully administered and

a. the debtor files a motion for final decree under Local Rule 3022-1 (a);

b. the subchapter V trustee has submitted a final report and, if the trustee received funds under 11 U.S.C. §1194, files an account of administration of the estate; and

c. all motions and final reports filed under this subsection have been served with 28 days' notice of a deadline to object on all parties upon whom the plan was served.

  • LR 4004-2 Obtaining discharge in cases confirmed under 11 U.S.C. §§1141(d)(5) or 1191(b)

(b)(2): Notice of the motion with 28 days' notice of the deadline to object must be served on all parties upon whom the plan was served.

(c)(3): Notice of the motion with 28 days' notice of the deadline to object must be served on all parties upon whom the plan was served.

  • LR 4001-3 Renewed Motions for Relief From Stay: "adjudication" changed to "adjudicated".
     
  • LR 5005-2 Signatures and Document Retention: Modified to correct typographical error and clarify retention of documents with original, printed, or typed signatures

(a)(1)(A): bracket removed to correct error, changed to "/s/".

(c) Retention

(1) Documents with original signatures. Persons filing documents containing an original signature must retain those documents with their original signature or a digital reproduction of those documents until five years after the closing of the case or proceeding in which the document is filed.

(3) Documents filed with printed or typed signatures. A registered participant in the court's CM/ECF system who electronically files a document containing a printed or typed signature of a person other than the registered participant must retain (i) the signed document with an authorized signature or (ii) evidence that the person has authorized the registered participant to attach their signature as provided in Local Rule 5005-2(a)(1)(A) for five years after the closing of the case or proceeding in which the document is filed.