16.3

Alternative Dispute Resolution 1 Effective July 1, 2012 Rule 1002-1 Petition - General Minimum Filing Requirements to Commence a Case (A) bankruptcy clerk: To commence a bankruptcy case, the following must be filed with the • • • • • • • The applicable filing fee, an application to pay in installments with a minimum initial twenty-five percent (25%) installment, or an application in forma pauperis; A petition, a federal employer identification number or a redacted social security number on the petition, and a Form 21 - Statement of Social Security Number; A Clerk's Notice to Consumer Debtor(s) when debts are primarily consumer debts; A list of creditors and their addresses; A list of assets and their location; Certificate of Counseling; and, Corporate resolution, if applicable. (B) The clerk of the bankruptcy court may not accept or docket any petition that does not meet the minimum filing requirements stated in section (A). 2 Effective July 1, 2012 Rule 1005-1 Petition - Caption (A) Initial Filing. In addition to meeting the requirements of Fed. R. Bankr. P. 1005 and Official Bankruptcy Forms 16A, 16B, or 16D, as applicable, the caption on the petition must include the following: • • • the debtor’s name.

If the debtor does not have a middle name or has only a middle initial, that fact must be indicated; the chapter of the bankruptcy code under which the case is filed; and, the debtor's federal employer identification number or the last four digits of the debtor's social security number. (B) Individual Petitions. An individual debtor may not include any corporate or partnership entity in the caption of the petition. Any individual debtor who includes a separate entity as a d/b/a or otherwise in the caption must amend the petition to delete the separate entity and provide notice of the amendment to all parties in interest.

(C) Corporate, Partnership or LLC Petition. A corporate, partnership, or LLC petition may not be combined with the petition of any individual or other entity. The caption of the petition must state the full and correct title of the entity and the entity's federal employer identification number. A certified copy of a corporate resolution authorizing the filing must be filed with the petition of a corporation.

A certified copy of a statement signed by a general partner stating that all partners have consented to the filing of the partnership petition, together with a certificate of mailing to all general partners who have not signed the petition, must be filed with a partnership petition. (D) Subsequent Pleadings. The last four digits of a debtor's social security number or federal employer identification number, except to the extent required by 11 U.S.C. § 342 or the Federal Rules of Bankruptcy Procedure, is not permitted on pleadings filed after the petition. 3 Effective July 1, 2012 Rule 1006-1 Filing Fees (A) (B) Petition Filing Fees.

Petition filing fees are due at the time of filing, except as provided in this local rule. Payment of Filing Fee in Installments. Individual debtors may file an Application to Pay Filing Fee in Installments with the petition. The application shall substantially comply with the format of Local Bankruptcy Form H. • The application must be accompanied by a minimum initial payment of twenty-five percent (25%) of the filing fee.

Upon consideration of the application, the court will enter an order. (C) Waiver of Fees. A chapter 7 bankruptcy debtor may file an Application for Waiver of Filing Fee. (Official Bankruptcy Form B 3B).

(D) Reimbursement of Fees. Filing fees paid in error will be reimbursed on a case-by-case basis. 4 Effective July 1, 2012 Rule 1007-1 Lists, Schedules, Statements, & Other Documents (A) Schedule of Current Income and Expenditures of Individual Debtor. The schedule of current income and current expenditures of all individual debtors, including income and expenditures of a non-debtor spouse must be filed in all chapter 7, 11, or 13 cases.

In an individual case where the debtor is separated and not filing a joint petition, the schedules must so state, and the schedules of current income and expenditures of the non-debtor spouse are not required. (B) Extension of Time to File Schedules. The Court will not grant extensions of time to file schedules and statements to a date beyond the first meeting of creditors held under 11 U.S.C. § 341 (a), except on motion and a showing of exceptional circumstances. (C) Payment Advices.

To the extent a debtor is not in possession of payment advices required to be filed under 11 U.S.C. § 521(a)(1)(B)(iv) and Fed. R. Bankr. P. 1007(b)(E) because the debtor was not employed, did not receive such advices for certain periods, is receiving income not from an employer, is self- employed or for any other reason that payment advices are not filed, the debtor must file an affidavit to that effect in lieu of the payment advices. The affidavit must be in substantial compliance with Local Bankruptcy Form F. 5 Effective July 1, 2012 Rule 1007-2 Mailing - List (A) Accuracy. The debtor is responsible for filing an accurate and complete mailing list and any necessary amendments. The clerk will not compare the names and addresses of the creditors listed in the schedules with the names and addresses shown on the master list or any amendment.

(B) Format. DO NOT include the name and address of the debtor, debtor's attorney, the United States trustee, or the case trustee on the list. They will be listed automatically by the court's electronic filing system. Do not include the Judge's chambers on the list.

Names and addresses shall be listed in a one-column format with double spacing between creditor entries. If the debtor is a corporation or a partnership, the debtor must include the names and addresses of all corporate officers or general partners on the mailing list. (C) Amendments. Amendments to the mailing list may only include the names added or deleted.

6 Effective July 1, 2012 Rule 1009-1 Amendments To Lists and Schedules (A) Heading. All amendments to a voluntary petition, list, schedule, or statement must be designated as “AMENDMENT” to (name, petition, list, schedule, or statement being amended). (B) Content of Amendment. Amendments to the lists and schedules should include only the amended information, or the amended information must be clearly indicated.

(C) Notice. Within seven (7) days of filing an amendment which adds a creditor by amendment, the filer must serve the added creditor with each notice that has previously been served on all creditors in the case and shall file a certificate showing service in compliance with this rule. (D) Signature. All amendments must be signed and verified by the debtor in the same manner as required for originals.

(E) Additional Filing Fees. Any amendment to Schedules D, E or F or the list of creditors must be accompanied by the applicable filing fee required by 28 U.S.C. § 1930 and the Bankruptcy Court Miscellaneous Fee Schedule. Amendments which require a fee include: adding a creditor; deleting a creditor; changing the amount specified as owed to a creditor; and changing the classification of a debt. (F) Supplement to the Mailing List.

If an amendment contains an additional creditor or a change of a creditor's address, the debtor must submit a supplemental mailing list that includes only the additional creditor in the same format required by LBR 1007-2. 7 Effective July 1, 2012 Rule 1015-1 Joint Administration/Consolidation If the Court enters an order for consolidation or joint administration, the clerk will provide notice of the order to all creditors and other interested parties. (A) Joint Administration. All motions, pleadings, and other documents filed in jointly administered cases must bear a combined caption, but a motion which applies in only one specific case may reflect the caption of only that case.

In a jointly administered case, a creditor must file its proof of claim in the specific estate to which the claim is applicable. (B) Consolidation. In a consolidated case, pleadings will be filed and docketed only in the case designated in the consolidation order. 8 Effective July 1, 2012 Rule 1017-2 Dismissal (A) Cause for Dismissal.

If a case is deficient as defined in subsection (B) of this rule, the deficiency will constitute cause for dismissal as authorized by 11 U.S.C. §§ 707(a), 1112(b) & (e), 1208(c), or 1307(c). (B) Deficiency Defined. A case is deemed deficient if all submissions required by the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, and these Local Bankruptcy Rules are not timely filed. (C) Standing Motion to Dismiss by United States Trustee.

The United States Trustee has filed a document entitled United States Trustee's Standing Motion to Dismiss Deficient Case which applies to any deficient case filed with the clerk. (D) Notice of Deficiency and Dismissal for Failure to Cure. If a deficient voluntary case is filed, the clerk will provide notice of the deficiency to the debtor and to the debtor's attorney at the addresses shown on the petition. The deficient case may be dismissed without further notice or hearing unless the deficiency is cured under Fed. R. Bankr. P. 1007(c).

9 Effective July 1, 2012 Rule 1019-1 Conversion - Procedure After (A) Schedule of Unpaid Debts. Concurrent with the filing of the schedule of unpaid debts required by Fed. R. Bankr. P. 1019(5)(B)(I), the party filing the schedule must serve each entity named with a copy of the schedule and with each notice previously served on all creditors in the case and must file a certificate showing service in compliance with this rule. (B) Applications for Professional Fees. All professionals entitled to fees for pre-conversion services and reimbursement of expenses in a case converted from a chapter 11, 12 or 13 to a chapter 7 case must file an application for those fees within 40 days after the entry of the order converting the case.

(C) Statement of Current Monthly Income. Upon conversion of a case from chapter 11 or 13 to a case under chapter 7, or from chapter 7 to a case under chapter 11 or 13, the debtor must file a chapter appropriate statement of current monthly income in accordance with Rule 1007(b)(4), (5) or (6). 10 Effective July 1, 2012 Rule 2002-1 Notice to Creditors and Other Interested Parties (A) Required Hearings. Unless the Court rules otherwise, the Court will set and hold a hearing on the following matters: • • • • • • Approval of a chapter 11 disclosure statement unless conditionally approved under Fed. R. Bankr. P. 3017.1; The confirmation of a chapter 11 or chapter 12 reorganization plan.

See LBR 3020-1 and 3015-4; Objections to claimed exemptions. See LBR 4003-1; Motions to convert or dismiss chapter 7 or 11 cases, other than on motion of the debtor to convert or unless the Court orders otherwise; Motions for the appointment or removal of a trustee or examiner; and Motions filed in adversary proceedings, unless the Court determines sua sponte that no hearing is warranted. (B) Notice and Opportunity. In all circumstances where relief is requested which can only be granted on notice or "after notice and a hearing" as defined in 11 U.S.C. § 102, the movant must serve notice of the relief sought and of opportunity to object.

(1) The movant must serve the notice on parties in interest, the debtor and any party specifically requesting notice, and must file a certificate showing service in compliance with this rule; (2) An entity seeking allowance of an administrative expense claim under § 503, other than applications for compensation or reimbursement under Fed. R. Bankr. P. 2002(a)(6), must serve the pleading on the debtor, any party specifically requesting notice and, in a chapter 11 case, on any committee appointed under § 1102 of the Code, or in the absence of a committee, then on the list of twenty largest creditors filed under Fed. Rule Bankr. P. 1007(d); 11 Effective July 1, 2012 (3) When notice is required to be served on all creditors and interested parties under Fed. R. Bankr. P. 2002(a), the party providing notice must serve all parties on a mailing list obtained from the docket. The notice must be served not less than 24 days prior to the date and time fixed for filing objections. The 24-day period includes three (3) days service by mail under Fed. R. Bankr. P. 9006(f); (4) The notice of opportunity to object must be identified in the title to the pleading, must describe the relief sought with sufficient particularity to apprise the noticed parties of the subject matter of the motion, and must be in substantial compliance with Official Bankruptcy Form 20A; (5) When an interested party is permitted to file a written objection or response before any court action for which no specific time period of time is set forth in the Federal Rules of Bankruptcy Procedure, the movant must allow an interested party at least 17 days to file a written objection (which includes the three (3) days for service by mail allowed by Fed. R. Bankr. P. 9006(f . (C) Exceptions.

When relief is requested regarding the automatic stay under 11 U.S.C. § 362, or confirmation in a chapter 12 or 13 case, the movant shall follow the procedures set forth in LBR 4001-1, 3015-4, or 3015-3, respectively. (D) Ex Parte Motions. Motions and applications which may be heard ex parte include applications for the approval of employment of professional persons, and motions to shorten or limit notice under Fed. R. Bankr. P. 2002. (E) Requests for Notice.

Any party who files a request for service of pleadings and other notices must serve the request on the pro se debtor or the debtor's counsel of record. A party providing notice under this rule must honor the request for notice when any pleading is served. 12 Effective July 1, 2012 Rule 2002-2 Notice to the United States or Federal Agency (A) Notice to the United States. When giving notice to the United States or any federal agency as required under the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, or these rules, unless notifying the Internal Revenue Service under LBR 2015-3, the party providing notice must, at a minimum, send notice to BOTH the United States Attorney for the District of Wyoming and the applicable federal agency.

The address of the notice to the United States Attorney must include the name of the federal agency. For example: (1) Notice to the United States Attorney shall include the name of the federal agency (i.e, Internal Revenue Service) and be mailed to: United States Attorney District of Wyoming P.O. Box 668 Cheyenne, WY 82003-0668 (2) The notice must also be sent directly to the applicable federal agency at its current address. (B) Service of Summons. Nothing in this rule is intended to relieve a party from providing proper service when required by and in accordance with Fed. R. Bankr. P. 7004 and 9014, and Fed. R. Civ. P. 4.

(C) Mailing List. Upon request, the Office of the United States Attorney for the District of Wyoming will provide addresses for federal agencies. 13 Effective July 1, 2012 Rule 2002-4 Notices After Claims Filed (A) Chapter 7. Immediately after the last day for creditors to file claims in a chapter 7 case, all notices required by Fed. R. Bankr. P. 2002(a) may be served only to creditors who have filed claims.

(B) Chapter 13. In a chapter 13 case, a debtor may utilize limited noticing after the last day for creditors to file claims, including governmental claims, for all notices required by Fed. R. Bankr. P. 2002 (a) and (b) and pleadings, by filing a notice and attaching an amended matrix identifying parties in interest, claimants, the United States Trustee and the Standing Chapter 13 Trustee. 14 Effective July 1, 2012 Rule 2003-1 Meeting of Creditors (A) Continuance, Change of Location, or Reschedule. The Court will not consider a motion to continue, change location, or reschedule an 11 U.S.C. § 341(a) meeting unless the case trustee denies an initial request.

In the first instance, requests must be in writing and addressed in a chapter 11 case to the United States trustee, and in a chapter 7, 12 or 13 case to the appropriate trustee. If the trustee or United States trustee grants the request, the debtor must file a notice of the continued hearing and serve the notice on all parties in interest. (B) Waiver of Appearance. A motion to excuse the appearance of the debtor at the § 341 meeting must be filed with the Court and must state that the United States trustee and the case trustee or standing chapter 12 or 13 trustee have been contacted and whether there is an objection.

(C) Attendance. The debtor, the debtor's attorney or substitute counsel are required to appear at any scheduled or continued meeting of creditors. The Court may dismiss a voluntary case for failure of a debtor or counsel to appear. A substitute attorney for a §341 meeting is not required to file a notice or entry of appearance.

Substitute counsel is not required to file a Rule 2016(b) supplemental compensation disclosure unless paid directly by the debtor or the referring attorney bills an additional or separate fee or charge for substitute counsel’s services. If the debtor or counsel fails to appear as required by this rule, the presiding officer may file and serve on the debtor and debtor's attorney a Notice of Failure to Appear, with a certificate showing service in compliance with this rule. If no request for a hearing is filed by the non-appearing party within 14 days after service of the Notice, the Court may dismiss the case without further notice or hearing. 15 Effective July 1, 2012 Rule 2004-1 Examinations - Rule 2004 Motions brought for an order authorizing a Rule 2004 examination must include the name of the party to be examined, the specific time and place for the examination, cause for the examination, and an averment that the party or counsel for the party to be deposed has been contacted, or that a good faith attempt was made to contact the party and counsel, and whether an agreement has been reached establishing the time and location of the examination.

The motion must be served on the trustee or debtor in possession and the debtor's attorney or pro se debtor, and may be granted by the Court ex parte, subject to the requirements of this rule. If an agreement for the time and place has not been reached, the date for the examination or production of documents may not be sooner than 14 days after service of the order on the party to whom the order is directed. Fed. R. Bankr. P. 9006(f) governs the computation of time. A Rule 2004 examination should not be used to conduct discovery in an adversary proceeding or a contested matter.

16 Effective July 1, 2012 Rule 2014-1 Employment of Professionals An application for an order approving the employment of a professional person, with a verified statement as required by Rule 2014 attached, may be granted by the Court ex parte if the applicant files a certificate evidencing service of the application and the verified statement on the United States trustee and any case trustee. If the Court requires that the applicant serve the application on all interested parties, the applicant must serve the application and verified statement in accordance with LBR 2002-1(B). 17 Effective July 1, 2012 Rule 2015-3 Debtor in Possession or Chapter 11 Trustee - Tax Reporting Requirements (A) Within 21 days of the entry of an order authorizing a trustee to operate a business, the trustee must establish a separate bank account in an authorized depository in which to segregate trust fund taxes. (B) If applicable, within 21 days from the filing of a chapter 11 petition, the debtor in possession must establish a separate trust bank account into which only fiduciary tax deposits may be deposited.

Into this trust account, the debtor in possession or the chapter 11 trustee must deposit all fiduciary federal and state taxes required to be withheld, deducted, collected, or contributed. (C) Verification of compliance with this rule and with the Internal Revenue Service laws and regulations must be provided by: • • • mailing written notice to the Internal Revenue Service and the United States trustee of the location of the bank and the account number into which all fiduciary tax deposits will be made, within seven (7) days from the date the account is opened; filing Form 6123, Verification of Fiduciary's Federal Tax Deposit, with the Internal Revenue Service, within two (2) days of making the required deposits and serving a copy on the United States trustee; and timely filing all required FICA and FUTA employer's tax returns (Forms 940, 941, and 943) and all other required postpetition tax returns with the Internal Revenue Service, rather than filing them with the Regional Service Center. 18 Effective July 1, 2012 Rule 2016-1 Compensation of Professionals (A) Attorney Fee Applications in Chapter 13 Cases. In a chapter 13 case, whether or not fees are to be paid postpetition, an application for fees must be filed by the debtor's attorney.

If the fees and expenses requested do not exceed a total of $3,500.00 in the chapter 13 case, exclusive of the filing fee, an itemization of the time and services is not required. This fee is intended to compensate counsel for all reasonable fees incurred to achieve confirmation of a chapter 13 plan, absent extraordinary circumstances. Notice of the fee application must be given in accordance with Fed. R. Bankr. P. 2002(a)(6). In a chapter 13 case, the attorney must state in the Rule 2016(b) disclosure statement, on the cover sheet, and in the chapter 13 plan whether the attorney requests payment through the chapter 13 plan.

(B) Notice. LBR 2002-1(B) applies to all fee applications, including applications for fees requested pursuant to 11 U.S.C. § 506(b). The notice must include a time for filing objections to the application, which will be 24 days after the date on which the application is served. The applicant shall file and serve the notice, along with the cover sheet required by subsection (D)(1) of this rule, on all interested parties and attach a certificate showing service in compliance with this rule.

The applicant must serve the notice, the cover sheet required by subsection (D)(1) of this rule, and the application on the debtor or debtor in possession, and the debtor's attorney and file a certificate showing service in compliance with this rule. If no objection to the application is filed, the Court will either enter an order on the application or set a hearing, as appropriate. (C) Chapter 13 Fee Applications. When an application for compensation is required under section (A) of this rule, the application and cover sheet must be filed separately from the chapter 13 plan.

However, the notice required by Fed. R. Bankr. P. 2002(a)(6) may be included with the chapter 13 Notice of Deadline for Filing Objections in a form in substantial compliance with Local Bankruptcy Form D. When fees are anticipated to be paid as a claim under the chapter 13 plan, the debtor must separately state in the plan the estimated total fees in addition to the fees to be paid as a claim in the chapter 13 plan, as illustrated in Local Bankruptcy Form B. 19 Effective July 1, 2012 All applications for fees filed in chapter 13 cases must be filed within 30 days after confirmation of the chapter 13 plan or entry of the order modifying a confirmed plan. Untimely applications will be summarily denied, unless supported by a statement of the applicant demonstrating cause for the delay. (D) Format. (1) Cover Sheet.

Unless excused under section (A) of this rule, all applicants must file and serve a cover sheet in substantial compliance with Local Bankruptcy Form A along with the application. (2) Fee Application. a. Expenses must be itemized in detail sufficient for the Court to determine whether the expenses were reasonable and necessary, and must include the dates on which the expenses were incurred. b. Each application must contain a clear and concise narrative which provides detail relative to the complexity of the case or matter on which the fees are requested. At a minimum, the narrative must describe: the nature of the services; the result obtained and benefit to the estate (including any monetary benefit); the remaining services to be performed and an estimate of the time and cost; and a statement regarding the feasibility of any requested interim distribution. c. The application must be categorized in detail sufficient to the complexity of the case. The itemization must contain a description of tasks performed sufficient for the Court to determine an allowance within the requirements of 11 U.S.C. § 330 and adequate for the purpose and amount of fees for which it is submitted.

The time entries must be made from records contemporaneously kept by the applicant, and each person providing services must be separately identified on every applicable entry. 20 Effective July 1, 2012 Rule 2081-1 Chapter 11 - Initial Motions Initial Motions: Immediately after the entry for the order for relief in a (A) chapter 11 bankruptcy case, the debtor may request consideration for entry of an order for initial motions by filing: (1) a motion for an expedited hearing; and, (2) a motion for the requested relief. (1) Motion for expedited hearing. A motion for an expedited hearing shall be filed in compliance with LBR 9013-1(B)(3); with service as established below in section (B); and, service of the order as established below in section (C).

(2) Motion requesting relief. The motion shall state, with particularity, the grounds supporting the request and set forth the relief or order sought, pursuant to Fed. R. Bankr. P. 9013. (a) (b) (c) Affidavit. The motion requesting relief must be verified or supported by factual affidavit(s) and executed by an individual having personal knowledge.

Notice. A “Notice of Time to Object,” as required under the Bankruptcy Code, Federal Rules of Bankruptcy Procedure or these local rules may be included with the motion if the Notice is identified in the title to the pleading. Proposed Order. The movant must file a proposed order, clearly stating the relief requested.

A proposed order should not include the heading of counsel submitting the order, pursuant to LBR 9072-1(A). [INTENTIONALLY LEFT BLANK] (B) Service. Copies of the motions, affidavit(s), notice and proposed orders 21 Effective July 1, 2012 must be served by hand-delivery, over-night mail, facsimile or e-mail within 24 hours of filing, to: (1) (2) (3) (4) (5) (6) (7) (8) any appointed chapter 11 trustee or examiner; any creditors’ or equity security holders’ committee that are subject to Fed. R. Bankr. P. 2019; any official creditors’ committee; if no official creditors’ committee is appointed, then the 20 largest unsecured creditors; all secured creditors; all priority creditors; parties who have filed an entry of appearance or request for notices; parties against whom relief is sought by the particular intended action; the United States Trustee; and, (9) (10) any additional parties as the court directs. Movant must file a certificate of service as stated below in section (C)(2). (C) Hearing on motion for requested relief.

The court shall consider the motion for expedited hearing and enter an order. (1) Service. The movant must serve the order to the parties listed in section (B) above, by hand-delivery, over-night mail, facsimile or e- mail within 24 hours from the entry of the order. (2) Certificate of Service.

The movant must file a certificate of service within three (3) business days from the date of service, stating the name and address of the attorney or party served, the capacity in which the person was served, and the manner and date of service. 22 Effective July 1, 2012 Rule 2081-2 Chapter 11 - Limited notice A chapter 11 debtor may file a motion to establish a limited notice list. (A) Motion: A motion requesting a limited notice list shall include: (1) (2) (3) allegations for the necessity of a limited notice list; the pleading(s) in which the limited notice list shall apply; and, the names and addresses of the creditors and parties in interest that the debtor seeks to place on the limited notice list. (B) Minimum Requirements: Unless otherwise ordered, a limited notice list shall include the following: (1) (2) any appointed chapter 11 trustee or examiner; any creditors’ or equity security holders’ committee that is subject to Fed. R. Bankr. P. 2019; any official creditors’ committee; if an official creditors’ committee is not appointed, then the 20 largest unsecured creditors; all secured creditors; all priority creditors; parties who have filed an entry of appearance or request for notices; parties against whom relief is sought by the particular intended action; the United States Trustee; and, (3) (4) (5) (6) (7) (8) (9) (10) any additional parties as the court directs.

(C) Exception. This rule shall not apply to circumvent or limit the requirements of Wyoming LBR 1009-1. 23 Effective July 1, 2012 Rule 2083-1 Chapter 13 - General (A) Property Sales. Except for a de minimis sale, the debtor may not sell property of the debtor or collateral or apply sale or insurance proceeds to a debt treated in the plan without prior written notice to the chapter 13 trustee.

The application of sale or insurance proceeds to any debt treated in the plan is subject to the standing trustee's percentage fee. Sales of property of the estate must be noticed under Fed. R. Bankr. P. 2002(a)(2). (B) New Debt. A chapter 13 debtor may not incur new or additional debt without prior 14 -days’ written notice to the chapter 13 trustee.

In the event of an emergency, such notice may be provided by telephone or by written notice within 14 days of the incurring of debt along with an explanation for the subsequent notice. (C) Pre-Confirmation Adequate Protection Payments. Unless otherwise ordered by the Court, all pre-confirmation adequate protection payments set forth in a debtor’s proposed chapter 13 plan shall be paid to and disbursed in monthly payments by the chapter 13 trustee and shall include the trustee’s fee. The adequate protection payment may be deducted from the debtor’s chapter 13 plan payment to the extent necessary to satisfy the proposed adequate protection payment and trustee’s fee.

The trustee is authorized to deduct the adequate protection payments from the principal amount due the creditor under its allowed secured claim. Pre-confirmation disbursements by the chapter 13 trustee for adequate protection payments are authorized without further order of the Court if the creditor has filed a secured proof of claim. The trustee is authorized to retain the trustee’s statutory fee on the amount of the payments until confirmation, dismissal or conversion, at which time the fee may be disbursed. 24 Effective July 1, 2012 Rule 3004-1 Claims - Filed by Debtor or Trustee When a debtor or a trustee files a proof of claim on behalf of a creditor under 11 U.S.C. § 501(c) and Fed. R. Bankr. P. 3004, the person filing the claim must also file and serve a notice of the claim on the creditor and any counsel of record, and attach a certificate showing service in compliance with this rule.

The notice must advise the creditor that a proof of claim has been filed for the creditor, and of the amount and nature of the claim. A copy of the proof of claim may be attached to the notice in place of the statement of the amount and nature of the claim. 25 Effective July 1, 2012 Rule 3007-1 Claims - Objections (A) Procedure. A claim objection and notice of opportunity to object must be served on the claimant and any other party in interest.

The notice must contain a 33-day opportunity to respond to the objection under LBR 2002-1(B)(4) and Fed. R. Bankr. P. 3007 and 9006(f). If a response is filed, the Court will either rule on the objection or set a hearing as appropriate. (B) Chapter 13. All claim objections filed in a chapter 13 case must be filed and served within 21 days from the last day to file non-governmental claims in the case, unless the claim objection is brought because a claim was untimely filed.

(C) Content. All objections and proposed orders shall include: (1) claimant’s name; (2) claim number; and, (3) amount. 26 Effective July 1, 2012 Rule 3011-1 Unclaimed Funds A. Request for Unclaimed Funds. A request for the release of unclaimed funds based upon the category of the claimant, pursuant to 28 U.S.C. § 2042, shall be made by filing a petition and proposed order, in substantial compliance with Local Bankruptcy Form G, along with a notice to the United States Attorney, and verification of the right to the funds.

B. Requirement for general categories of claimants.

A party requesting release of unclaimed funds, must determine from the categories of claimants below, and provide the required information as stated: (1) An Owner of Record - the person shown in the court’s records as the owner of the funds. a. Verified petition with notarized signature and completed certificate of service showing notice to the U.S. Attorney pursuant to 28 U.S.C. § 2042; b. A photocopy of photo identification, such as driver’s license or passport of the party entitled to the funds; c. IRS Form W-9 Request for Taxpayer Identification Number and Certification (owner of record’s Social Security Number or Tax Identification Number); and, d. Proposed Order Directing Payment of Unclaimed Funds (2) Successor Claimants - Included but not limited to: business successors, decedent’s estates, assignees, or judgment creditors, who have direct claims to the funds but are not the owners of record. a. Corporate Claims: i. Verified petition with notarized signature and completed certificate of service showing notice to the U.S. Attorney pursuant to 28 U.S.C. § 2042; ii. A photocopy of photo identification, such as driver’s license or passport of the party entitled to the funds; iii. IRS Form W-9 Request for Taxpayer Identification Number and Certification (owner of record’s Social Security Number or Tax Identification Number); iv. A corporate power of attorney signed by a corporate officer; v. A corporate seal; vi.

A statement of the signing officer’s authority; vii. Documentation establishing chain of ownership of the original corporate claimant; and, viii. Proposed Order Directing Payment of Unclaimed Funds b. Purchased or Assigned Claims: 27 Effective July 1, 2012 i. Verified petition with notarized signature and completed certificate of service showing notice to the U.S. Attorney pursuant to 28 U.S.C. § 2042; ii. A photocopy of photo identification, such as driver’s license or passport of the party entitled to the funds; iii.

IRS Form W-9 Request for Taxpayer Identification Number and Certification (owner of record’s Social Security Number or Tax Identification Number); iv. Documentation evidencing the transfer of claim or proof of the purchase/sale of assets; and, v. Proposed Order Directing Payment of Unclaimed Funds c. Decedent’s Estate (administrator, executor, representative): i. Verified petition with notarized signature and completed certificate of service showing notice to the U.S. Attorney pursuant to 28 U.S.C. § 2042; ii. A photocopy of photo identification, such as driver’s license or passport of the party entitled to the funds; iii. IRS Form W-9 Request for Taxpayer Identification Number and Certification (owner of record’s Social Security Number or Tax Identification Number); iv.

Certified copies of probate documents (letters of administration or probated will) establishing the representative’s right to act on behalf of the decedent’s estate; v. Certified copy of the decedent’s death certificate; and, vi. Proposed Order Directing Payment of Unclaimed Funds (3) Representative Claimants - fund locators who act on behalf of owners of record or successor claimants. a. Verified petition with notarized signature and completed certificate of service showing notice to the U.S. Attorney pursuant to 28 U.S.C. § 2042; b. A photocopy of photo identification, such as driver’s license or passport of the party entitled to the funds; c. IRS Form W-9 Request for Taxpayer Identification Number and Certification (owner of record’s Social Security Number or Tax Identification Number); d. A notarized, original power of attorney signed by the claimant on whose behalf the locator is acting; and, e. Proposed Order Directing Payment of Unclaimed Funds C. Issuance of check. The issuance of a check solely to a fund locator, even if 28 Effective July 1, 2012 a power of attorney authorizes it, is prohibited. If the owner of record is not the claimant, the clerk shall issue the check payable to the owner of record but will mail the payment to the claimant.

D. Mailing Addresses: (1) Claimant shall submit an original Verified Petition for Payment of Unclaimed Funds with an attached Certificate of Service, IRS Form W-9 Request for Taxpayer Identification Number and Certification, Proposed Unsigned Order, and requested documents for the chosen category, to the court at the following address: United States Bankruptcy Court District of Wyoming Attn: Financial Department 2120 Capitol Avenue, 6th Floor Cheyenne, WY 82001 (2) Claimants must serve a copy of all documents to the United States Attorney at the following address: Civil Chief United States Attorney’s Office District of Wyoming P.O. Box 668 Cheyenne, WY 82003 29 Effective July 1, 2012 Rule 3015-3 Chapter 13 - Confirmation (A) Filing Plan. Within the 14-day time limit from the date of the filing of the petition set by Fed. R. Bankr. P. 3015(b), the debtor must file and serve a proposed chapter 13 plan, with a plan summary attached. The plan and summary must conform with Local Bankruptcy Form B and C. The failure to timely file the plan and summary may result in a dismissal of the Chapter 13 case under Local Bankruptcy Rule 1017-2. (B) Confirmation hearings.

Initial Plan. (1) a. The Clerk of the Bankruptcy Court will serve the Notice of Chapter 13 Case Filing and a Notice of Confirmation Hearing and Opportunity to Object on all interested parties upon the debtor filing a petition. The debtor shall serve the initial plan and plan summary on all interested parties within the time limit set by Fed. R. Bankr. P. 3015(b). The debtor shall file a certificate of service showing compliance with LBR 9013-3.

The debtor is not required to serve the notice of opportunity to object on the initial plan as it is served by the court, upon filing of debtor’s petition. The debtor shall serve the amended or modified plan and plan summary on all interested parties, along with a Notice substantially conforming with Local Bankruptcy Form D and a certificate evidencing such service. The debtor is not required to file and serve a plan summary with an amended plan if the calculations in the summary are not affected or amended. The debtor filing a modified plan shall file an appropriate motion. b. c. d. b. c. (2) Amended or Modified Plan. a. (3) If an objection is filed to the initial chapter 13 plan, the Court will hold the scheduled telephonic hearing with the following exception: (a) The debtor files and serves an amended plan and motion to vacate the hearing (with a proposed order).

The motion shall contain an averment of the consent of the objecting party or parties. The amended plan and motion to vacate the hearing (b) 30 Effective July 1, 2012 (c) (d) must be filed and served, not less than four (4) days prior to the scheduled hearing. If a debtor withdraws the initial chapter 13 plan, the debtor shall file and serve: (i) a motion to vacate the hearing not less than four (4) days prior to the scheduled hearing; and an amended plan within five (5) days of the date the initial plan is withdrawn. (ii) Unless otherwise ordered, previously filed objections to confirmation are deemed moot and a new objection must be timely filed addressing any amended plan (C) Objections.

An objection must state with specificity the grounds on which the objection is based. Objections must be filed and served on the debtor and the debtor's attorney, and any other parties requesting notice. If a timely objection to an amended plan is filed, the Court will notice and hold a confirmation hearing. (D) Appearance.

The debtor and counsel are required to be present at any confirmation hearing scheduled to be held in the courtroom even if the debtor files an amended chapter 13 plan prior to the hearing, unless excused by the Court on motion. (E) Motions. Prior to filing any motion to vacate or reschedule a confirmation hearing or to excuse the debtor from attending the confirmation hearing, the debtor must contact all opposing parties. The motion must state the position of opposing parties and must be filed and served on all objecting parties.

(F) Notice. The notice of an opportunity to object to a proposed chapter 13 plan made subsequent to the initial notice served by the clerk must conform with Local Bankruptcy Form D. Service must be effected so that all interested parties are given not less than 31-days notice (inclusive of the three (3)-days notice required for service by mail under Fed. R. Bankr. P. 9006(f of the date and time fixed for filing objections to confirmation. (G) Summary Confirmation. If no objection to a plan is timely filed, and if the debtor is current on the plan payments, the Court will independently review the plan and may confirm the plan without further notice or hearing.

Uncontroverted facts alleged in the plan may be taken as true by the Court for the purposes of confirmation. If the Court confirms a plan without objection, the Court will not hold the confirmation hearing. 31 Effective July 1, 2012 Rule 3015-4 Chapter 12 - Confirmation (A) Filing Plan. The debtor shall file either a proposed chapter 12 plan or a motion for an extension of time to file the plan within the time limit set by 11 U.S.C. § 1221.

If the debtor files a motion for an extension of time, the Court may set a status conference to discuss the case and the motion. (B) Hearing. From the bankruptcy Judge's chambers, the debtor must obtain a hearing date for the preliminary hearing on confirmation of the plan to be held by telephone and for the final hearing to be held in open court. The debtor shall serve the notice of hearing and time fixed for filing objections to the plan on all creditors and other interested parties with a copy of the chapter 12 plan, all in accordance with Fed. R. Bankr. P. 2002(a)(8) and 3015.

If no timely objection to confirmation is filed, and if the plan meets the requirements of 11 U.S.C. §§ 1222 and 1225, the Court may enter an order confirming the plan after the preliminary hearing. If an objection is filed, the Court will conduct the preliminary hearing as a status conference and determine the legal and factual matters to be resolved at the final hearing. Counsel should be prepared to discuss any objections and confirmation issues at the preliminary hearing. The debtor and the chapter 12 trustee must be present at any hearing on confirmation held in open court.

(C) Notice. The notice shall fix a 31-day time for filing objections to confirmation of the plan, and shall include the dates of the preliminary and final hearings on confirmation. The notice must also be filed and served to ensure that the hearing is held within 45 days of the filing of the plan, as required by 11 U.S.C. § 1224. (D) Objections.

Objections must be filed and served on the debtor, the debtor’s attorney, and any other parties requesting notice. 32 Effective July 1, 2012 Rule 3016-2 Disclosure Statement - General (A) Generally. A chapter 11 plan proponent must simultaneously file a chapter 11 disclosure statement and a proposed chapter 11 plan of reorganization. The plan and disclosure statement must substantially conform to Official Form 25A and Official Form 25B, respectively.

The Court will issue an order setting the time and place for the hearing on the adequacy of the disclosure statement and the specific date fixed for filing any objections. (1) If no objections are filed, the debtor-in-possession may file a motion excusing the debtor-in-possession’s appearance at the hearing. (B) Small Business Debtor. A small business debtor seeking to file a plan without a separate disclosure statement pursuant to 11 U.S.C. § 1125(f)(1), must first file a motion for determination that the plan itself provides adequate information and that a separate disclosure statement is not necessary.

(1) The debtor must serve the motion and copy of the proposed plan on the United States Trustee; any appointed trustee; any official creditors’ committee; if no official creditors’ committee is appointed, then the 20 largest unsecured creditors; all secured creditors; all priority creditors; and, parties requesting notice. (2) If no objections are filed, the court will enter its order scheduling the plan confirmation hearing. (3) If any objections are filed, the court will set the matter for hearing. 33 Effective July 1, 2012 Rule 3020-1 Chapter 11 - Confirmation (A) Ballot Report.

Not less than seven (7) days before the hearing on plan confirmation, the plan proponent shall file a ballot report containing a tally of the ballots cast and indicating for each class of claims or interests: the number and percentage of votes for the plan; the total dollar amounts; and the percentages of the claims or interests so voting. The report must have a copy of each ballot attached. (B) Objections. Objections to confirmation must be in writing and filed within the time fixed by the order approving the disclosure statement and must be served on the plan proponent and the plan proponent's attorney.

(C) Confirmation hearing. Unless the court orders otherwise, in a chapter 11 case when the plan has been accepted by the requisite majorities and no objection to confirmation has been filed, the plan proponent may establish that the plan meets the applicable requirements of 11 U.S.C. § 1129(a) by oral offer of proof, provided that any witness whose testimony is being proffered is present. (D) Order. The plan proponent shall provide the proposed order.

34 Effective July 1, 2012 Rule 3022-1 Final Report/Decree - Chapter 11 (A) Filing. Immediately after a chapter 11 estate is fully administered, the debtor in possession or chapter 11 trustee shall file a final report showing full administration and any other factors necessary to enable the Court to issue a final decree. Concurrent with the final report, the debtor in possession or trustee must file a motion for entry of a final decree and a proposed order closing the case as required by Fed. R. Bankr. P. 3022. The movant must provide the United States trustee with a 21-day notice to file any objection to the report and motion for entry of a final decree.

(B) Format. At a minimum, the final report must indicate: • • • • • • whether the order confirming the plan has become final; whether any deposits required by the plan have been distributed; whether the property proposed to be transferred by the plan has been transferred; whether the debtor or the successor of the debtor under the plan has assumed the business or the management of the property dealt with by the plan; whether payments under the plan have commenced; and whether all motions, contested matters, and adversary proceedings are resolved. (C) Fees. Before the Court closes the case, all fees due and payable to the United States trustee must be paid in full.

(D) Applications for Professional Fees. Before the debtor files a motion for a final decree, and no later than four (4) months after the entry of the confirmation order, the debtor or chapter 11 trustee must ensure that each professional entitled to administrative fees files a final fee application. 35 Effective July 1, 2012 Rule 3070-1 Chapter 13 - Payments A cashier's check or money order payable to “Standing Chapter 13 Trustee,” in an amount equal to the monthly payment or a monthly proration of a quarterly payment proposed by the plan, is due on the date first set for the meeting of creditors held under 11 U.S.C. § 341. At the meeting, the standing chapter 13 trustee may fix a schedule for regular periodic payments in accordance with the proposed plan.

36 Effective July 1, 2012 Rule 4001-1 Automatic Stay (A) Motion for Relief from Stay. All motions requesting relief from the automatic stay must contain the following information: • • • • • A title which includes the relief sought and “Notice of Time to Object;” The name of the movant; The amount owed by the debtor to the movant; A complete description, including the value, of any property on which relief is requested; and Copies of all documents showing proof of debt must be attached to the motion and include, where applicable, a copy of a vehicle certificate of title showing perfection of a lien or a copy of the mortgage on real property showing recording information by the county clerk, and/or a copy of documents showing perfection of a security interest with filing information. (1) Movant. The movant’s name must be set forth both in the pleading and above the signature line of the attorney for the movant.

The attorney's written name, address, and telephone number must be set forth as required by LBR 9004-1(B). (2) Service. In addition to the service required by Fed. R. Bankr. P. 4001 and 9014, the movant must serve the notice and the motion on the debtor, the debtor's attorney, and any joint owner or co-borrower who is not a debtor in the case. (3) Notice.

A 17 day notice of time to object must be set forth after the motion. The 17 day period includes three (3) days for service by mail allowed by Fed. R. Bankr. P. 9006(f). 37 Effective July 1, 2012 The form of the notice is: NOTICE OF TIME TO OBJECT YOU ARE HEREBY NOTIFIED that if you desire to oppose this motion, you are required to file with this court and serve on __________, attorney for the movant, whose address is shown above, a written objection to the motion on or before __________________, or the relief requested may be granted by the Court. Dated: _________________. _____(movant)________ By___________________ (4) (5) Fee.

The applicable fee must be paid upon filing. Court Action. In the absence of a timely objection, the Court will consider the motion and may grant relief 18 days after the motion is served. If a timely objection is filed, the Court will notice and hold a telephonic preliminary hearing on the motion.

If after the preliminary hearing an evidentiary hearing is required, the Court will set and hold a final hearing on the motion. (6) Proposed Order. Contemporaneous with the filing of the motion, the movant must submit a proposed order containing a complete description of the property on which relief is requested. The proposed order must be a separate document from the motion and may not contain an attorney's heading in the upper left hand corner.

When relief is requested to permit a creditor to exercise its state law remedies with regard to its collateral, the proposed order must contain language which provides that the creditor shall provide an accounting to the trustee or debtor in possession after any sale of the creditor's collateral. (B) Motion to Extend the Stay under 11 U.S.C. § 362(c)(3)(B) or Impose the Stay Under 11 U.S.C. § 362(c)(4)(B). A motion to extend or impose the stay should be filed with the petition or promptly thereafter. The motion must be verified and identify the creditors to be affected by the relief requested and must explain why the present case is filed in good faith as to those creditors.

The movant must obtain a hearing date from the Judge’s chambers which shall be within 28 days from the date of filing of the petition. The movant must give at least 10 days notice (seven (7) days plus three (3) days for mailing) prior to the date of the hearing to all creditors against whom relief is sought and must file a certificate evidencing such service. The notice must include a copy of the motion. 38 Effective July 1, 2012 Rule 4003-1 Objection to Exemptions (A) Content.

All objections to claimed exemptions must contain: (1) A specific identification of the property which the debtor claims exempt and to which the objection is addressed; and (2) The basis for the objection, setting forth the applicable legal and evidentiary grounds. (B) Response. If the debtor opposes the objection, the debtor must file a response at least seven (7) days before the scheduled hearing. 39 Effective July 1, 2012 Rule 5003-1 Clerk - General/Authority The clerk of court is authorized to execute a summons, notice, order setting the first meeting of creditors, and any other document authorized by the Court, subject to being vacated by the Court for cause shown.

40 Effective July 1, 2012 Rule 5005-1 Facsimile and E-Mail Filing No person authorized to file pleadings electronically may fax or e-mail documents to the clerk of court for filing unless CM/ECF is inoperable. Parties may fax or e-mail documents to the clerk of court for filing only after obtaining the permission of the clerk of court for reasonable cause, to be followed within seven (7) days by the submission of a signed original pleading. No person may fax or e-mail documents to the Judge's chambers unless previously requested or authorized to do so. 41 Effective July 1, 2012 Rule 5005-2 Electronic Case Filing The filing of documents in electronic format through use of the Electronic Case Filing System (ECF) will be in accordance with this rule and the Electronic Filing Procedures established by the Clerk of the Bankruptcy Court.

(A) Signature. The use of an attorney's password to file a document electronically by ECF constitutes the signature of that attorney for purposes of Fed. R. Bankr. P. 9011 and for any other purpose for which a signature is required in connection with proceedings in this court. The filed document must indicate that the original document bears an appropriate signature. (B) Unauthorized Use.

Any pleading filed under a registered participant’s login and password, or by participant’s filing agent is deemed a pleading filed by that counsel. (C) Docket. The docket contained under ECF constitutes the Clerk of Bankruptcy Court's official record required to be maintained under Fed. R. Bankr. P. 5003. The electronic filing of a pleading or other paper in accordance with the clerk’s established procedures constitutes the filing of the document and entry of that pleading or other paper on the docket kept under Fed. R. Bankr. P. 5003, and the filing party is bound by the document as filed.

Each order, decree, judgment or proceeding entered on the docket kept by the clerk of court in accordance with ECF procedures constitutes entry on the docket for purposes of Fed. R. Bankr. P. 9021. (D) Consent to Electronic Notice. Participation in ECF by receipt of a password constitutes a request for and consent to service and electronic notice under Fed. R. Bankr. P. 9036. (E) Notice.

When a pleading or other paper is filed electronically in accordance with ECF procedures, the clerk of court will electronically transmit a Notice of Electronic Filing to the filing party and to all electronic filers registered in that case. The filer must serve any other person entitled to service with a paper copy in the conventional manner. If the recipient of service is a registered participant in ECF, service by electronic means of the Notice of Electronic Filing (with a hyperlink to the filed document and without the pleading attached) is the equivalent of service of the pleading or other paper by First Class mail, postage prepaid, and constitutes service of the filed document. The United States trustee and the appropriate case trustee will be served automatically with every pleading filed.

42 Effective July 1, 2012 Rule 5010-1 Reopening Cases (A) Motions. The movant must serve a copy of a motion to reopen a bankruptcy case on the 20 largest unsecured creditors in a chapter 11 case and any party affected by the motion. (B) Payment. A motion to reopen must be accompanied by the payment of any filing fee required by 28 U.S.C. § 1930.

Please see the fee schedule available on the bankruptcy court’s internet website located at www.wyb.uscourts.gov. 43 Effective July 1, 2012 Rule 5011-1 Withdrawal of Reference (A) Motion for Withdrawal of the Reference. USDCLR 83.13.1 applies to motions to transfer proceedings to the United States District Court. The bankruptcy clerk will transmit the motion to the United States District Court.

(B) Caption. If a district judge grants a motion to withdraw the reference, further pleadings shall be filed with the clerk of the United States District Court and must bear the caption of the United States District Court for the District of Wyoming. (C) Fee Payment. A motion to withdraw the reference must be accompanied by the required filing fee.

44 Effective July 1, 2012 Rule 5073-1 Photography, Recording Devices & Broadcasting and Use of Wireless Communication Devices (A) Application of USDCLR 83.4.1(b) & (c). USDCLR 83.4.1(b) & (c) apply in the bankruptcy court and in all 11 U.S.C. § 341 meetings. (B) Use of Wireless Communication Devices in Courtroom. Attorneys admitted to practice before the court are allowed to possess and bring wireless communication devices into the courtroom, subject to the following limitations and requirements, necessary to avoid disruption and/or distraction: (1) Wireless communication devices include, but are not limited to: mobile phones, cellular communication devices, personal digital assistants (PDAs), laptop computers, tablet computers, smartphones, iPhones, iPads, iPods or similar devices.

(a) Wireless communication devices shall be turned off with the following exception: (i) Attorneys may use laptop computers, tablet computers or similar devices, so long as the audio is muted. (C) Non-attorney use. Debtors, witnesses, clients, parties or members of the general public are NOT allowed to possess or use any wireless communication device in the courtroom. (D) Violations.

A violation of this Local Rule may result in confiscation of the wireless communication device until the conclusion of the proceeding. Repeated violation by attorneys admitted to practice before the court, may result in the loss of privilege to possess or use a wireless communication device in the courtroom. 45 Effective July 1, 2012 Rule 5081-1 Fees - Form of Payment The clerk of court charges fees in accordance with 28 U.S.C. § 1930 and the fee schedule of the Judicial Conference of the United States. The clerk will accept the following from: (a) (b) (c) Debtor: a cashier’s check, money order or cash; Debtor’s attorney: business check or credit card payment; Debtor-in-possession: check from a debtor-in-possession account or a credit card payment, subsequent to the filing of the petition.

46 Effective July 1, 2012 Rule 6070-1 Tax Refunds (A) Setoff. The Internal Revenue Service must serve notice of a setoff authorized under 11 U.S.C. § 362(b)(26) to the debtor, the debtor's attorney, and the appropriate trustee within 40 days after the setoff. (B) Cases under Chapter 7. The Internal Revenue Service is authorized to make income tax refunds for tax years ending prepetition or for tax years ending postpetition in which part of the refund accrued prepetition, in the amount of $2,000 or less, directly to the debtor.

This does not bar the chapter 7 trustee from seeking to collect refunds from the debtor. Tax refunds exceeding $2,000 must be paid to the trustee only if the trustee has notified the Internal Revenue Service in the manner specified in LBR 2002-2 of the request before the refund is paid. A refund for any tax year accruing and ending entirely postpetition may be paid to the debtor. A notice to the Internal Revenue Service by the trustee may be sent only in those cases in which the trustee has a reasonable and just