Caption.

(a) (b) (c) Documents submitted for filing must contain in the caption the name of the debtor, the case number, the initials of the Judge to whom the case has been assigned, the docket number assigned to the case and, if applicable, the adversary proceeding number. All documents filed with the Clerk that relate to a document previously filed and docketed must contain in its title the title of the related document and its docket number, if available. The hearing date and time and the objection date and time of a motion must be set forth in bold print (i) in the caption of the notice and motion and all related filings, below the case or adversary number and (ii) in the text of the notice. The case caption only may be modified by order entered by the Court on separate motion filed and served in accordance with Local Rule 9006-1.

96 Rule 9006-1 Time for Service and Filing of Motions and Objections. (a) (b) Generally. Fed. R. Bankr. P. 9006 applies to all cases and proceedings. Discovery-Related Motions.

All motion papers under Fed. R. Bankr. P. 7026-7037 and 9016 must be filed and served in accordance with Local Rule 7026-1. (c) All Other Motions. (i) (ii) Service of Motion Papers. Unless the Fed. R. Bankr. P. or these Local Rules state otherwise, all motion papers must be filed and served in accordance with Local Rule 2002-1(b) at least 14 days prior to the hearing date.

Sale Procedures Motions filed pursuant to Local Rule 6004-1(c), and voting procedures motions filed pursuant to Local Rule 3017-1(b) must be filed at least 21 days prior to the hearing date. Objection Deadlines. Where a motion is filed and served in accordance with Local Rule 9006-1(c)(i) less than 21 days prior to the hearing date, the deadline for objection(s) is 7 days before the hearing date. To the extent a motion is filed and served in accordance with Local Rule 2002-1(b) at least 21 days prior to the hearing date, however, the movant may establish any objection deadline that is no earlier than 14 days after the date of service and no later than 7 days before the hearing date.

Any objection deadline may be extended by agreement of the movant; provided, however, that no objection deadline may extend beyond the deadline for filing the agenda. In all instances, any objection must be filed on or before the applicable objection deadline. The foregoing rule applies to responses/replies to (A) any Objection as defined in Local Rule 3007-1(a) (i.e., an objection to claims asserted by more than one claimant) and (B) any objection to a single claim or multiple claims filed by the same claimant. (d) (e) Reply Papers.

Reply papers by the movant, or any party that has joined the movant, may be filed by 4:00 p.m. prevailing Eastern Time the day prior to the deadline for filing the agenda. If a motion for leave to file a late reply is filed, a motion to shorten notice is not required unless otherwise ordered by the Court. The Court will consider the motion for leave at the hearing on the underlying motion and any objection to the motion for leave may be presented at the hearing. The foregoing rule applies to replies to Omnibus Objections to Claims.

See Local Rule 3007-1. Shortened Notice. No motion will be scheduled on less notice than required by these Local Rules or the Fed. R. Bankr. P. except by order of the Court, on written motion (served on all interested parties) specifying the exigencies justifying shortened notice. The motion requesting shortened notice must include an averment of Delaware counsel for the moving party that a reasonable effort has been made to notify at least counsel to the debtor, counsel to the U.S. Trustee, counsel to any official committee appointed in the case and any chapter 7, 11 or 13 trustee and whether such party objected to the relief sought, or not, or the basis for the moving party not making such an effort.

Unless otherwise ordered, failure to so aver may result in denial of the motion to shorten. The motion requesting shortened notice and 97 the related motion must be promptly delivered to the Court in accordance with the assigned Judge’s chambers procedures. The Court will rule on such motion for shortened notice promptly without need for a hearing. 98 Rule 9006-2 Bridge Orders Not Required in Certain Circumstances.

Unless otherwise provided in the Code or in the Fed. R. Bankr. P., if a motion to extend the time to take any action is filed before the expiration of the period prescribed by the Code, the Fed. R. Bankr. P., these Local Rules or Court order, the time is automatically extended until the Court acts on the motion, without the necessity for the entry of a bridge order. 99 Rule 9010-1 Bar Admission. (a) (b) (c) (d) The Bar of this Court. The Bar of this Court consists of those persons heretofore admitted to practice in the District Court and those who may hereafter be admitted in accordance with these Rules.

Admission Pro Hac Vice. Attorneys admitted, practicing, and in good standing in another jurisdiction, who are not admitted to practice by the Supreme Court of the State of Delaware and the District Court, may be admitted pro hac vice in the discretion of the Court, such admission to be at the pleasure of the Court. Unless otherwise ordered by the Court, or authorized by the Constitution of the United States or acts of Congress, an applicant is not eligible for permission to practice pro hac vice if the applicant: (i) Resides in Delaware; or (ii) Is regularly employed in Delaware; or (iii) Is regularly engaged in business, professional, or other similar activities in Delaware. Any Judge of the Court may revoke, upon hearing after notice and for good cause, a pro hac vice admission in a case or proceeding before a Judge.

The form for admission pro hac vice, which may be amended by the Court, is Local Form 105 and is located on the Court’s website. The procedure for delivery of proposed pro hac vice orders to the Court, which procedures may be amended by the Court, is located on the Court’s website under instructions for “Uploading A Proposed Order for Signature.” Association with Delaware Counsel Required. Unless otherwise ordered, an attorney not admitted to practice by the District Court and the Supreme Court of the State of Delaware may not be admitted pro hac vice unless associated with an attorney who is a member of the Bar of the District Court and who maintains an office in the District of Delaware for the regular transaction of business (“Delaware counsel”). Consistent with CM/ECF Procedures, Delaware counsel must be the registered users of CM/ECF and shall be required to file all papers, including petitions.

Unless otherwise ordered, Delaware counsel must attend proceedings before the Court. Time to Obtain Delaware Counsel. Except as otherwise provided in Local Rule 1002-1(b) or 9010-1(e), with respect to signing and filing petitions, a party not appearing pro se must obtain representation by a member of the Bar of the District Court or have its counsel associate with a member of the Bar of the District Court in accordance with paragraph (c) above within 28 days after: (i) The filing of the first paper filed on its behalf; or (ii) The filing of a case transferred or removed to this Court. Failure to timely obtain such representation shall subject the defaulting party to appropriate sanctions.

100 (e) Motion for Pro Hac Vice and Association with Delaware Counsel not Required. (i) Government Employed Attorneys. Unless the Court orders otherwise, an attorney who is a government employee who is not admitted in the District Court but admitted in another United States District Court may appear representing the United States of America (or any officer or agency thereof) or any state or local government (or officer or agency thereof) so long as a certification is filed, signed by that attorney, stating (a) the courts in which the attorney is admitted, (b) that the attorney is in good standing in all jurisdictions in which he or she has been admitted and (c) that the attorney will be bound by these Local Rules and that the attorney submits to the jurisdiction of this Court for disciplinary purposes. (ii) Delaware Attorney with Out of State Office.

Attorneys who are admitted to the Bar of the District Court and in good standing, but who do not maintain an office in the District of Delaware, may appear on behalf of parties upon approval by the Court. (iii) Claim Litigation. Parties (pro se or through out of state counsel) may file or prosecute a proof of claim or a response to their claim. The Court may, however, direct the claimant to consult with Delaware counsel if the claim litigation will involve extensive discovery or trial time.

(f) Standards for Professional Conduct. Subject to such modifications as may be required or permitted by federal statute, court rule or decision, all attorneys admitted or authorized to practice before this Court, including attorneys admitted on motion or otherwise, shall also be governed by the Model Rules of Professional Conduct of the American Bar Association, as may be amended from time to time. 101 Rule 9010-2 Substitution; Withdrawal. (a) Substitution.

If a party in an adversary proceeding or a debtor in any case wishes to substitute attorneys, a substitution of counsel document signed by the original attorney and the substituted attorney must be filed. If a trustee, debtor or official committee wishes to substitute attorneys or any other professional whose employment was subject to approval by the Court, a motion for retention of the new professional must also be filed. (b) Withdrawal. An attorney may withdraw an appearance for a party without the Court’s permission (i) when such withdrawal will leave a member of the Bar of the District Court appearing as attorney of record for the party or (ii) when the party (a) has no controversy pending before the Court and (b) the attorney certifies that the party consents to withdrawal of counsel.

Otherwise, no appearance shall be withdrawn except by order on a motion duly filed, served on each party and served on the party client by registered or certified mail addressed to the client’s last known address, at least 14 days before the motion is heard by the Court. The filer is not required to confer other than with its party client prior to filing the motion to withdraw. (c) (d) Service. Substitutions and motions for withdrawal under this Local Rule must be served (i) in an adversary proceeding, on all parties to the proceeding and (ii) in a bankruptcy case, on all parties entitled to notice under Fed. R. Bankr. P. 2002.

Effect of Failure to Comply. Until paragraph (a) or (b), as applicable, and paragraph (c) of this Local Rule are complied with and an order, if necessary, is entered, the original attorney remains the client’s attorney of record for purposes of the respective case or proceeding. 102 Rule 9010-3 Appearance by Supervised Law Student. (a) An eligible law student may, upon compliance with these Local Rules, and under supervision of an attorney, appear on behalf of any person, including the United States Attorney or the U.S. Trustee, who has consented in writing.

(b) The attorney who supervises a student must: (i) (ii) be a member of the Bar of the District Court or an attorney in the United States Attorney’s Office or the Office of the U.S. Trustee; remain the attorney of record and will act to ensure that the student’s actions are consistent with the rules of professional responsibility; (iii) review the student’s work and assist the student to the extent necessary; (iv) appear with the student in all proceedings before the Court; and (v) indicate in writing the attorney’s consent to supervise the student. (c) To appear, the student must: (i) be duly enrolled in a law school approved by the American Bar Association; (ii) (iii) (iv) (v) have completed legal studies amounting to at least two-thirds of the credits needed for graduation or the equivalent; be certified by either the law school dean or authorized designee as qualified to provide the legal representation permitted by this Local Rule. This certification may be withdrawn by the certifier at any time by mailing a notice to the Clerk, without notice or hearing and without showing of cause; be introduced to the Court by an attorney satisfying the conditions set forth in the paragraph (b) above; neither ask for nor receive any compensation or remuneration of any kind from the client. This is not intended to affect the ability or right of an attorney, legal aid bureau, law school clinical program, State, or the United States from seeking attorney fees, which may include compensation for student services, and paying compensation to the eligible law student; (vi) certify in writing that the student is familiar with and will comply with the Delaware Rules of Professional Responsibility; and (vii) certify in writing that the student is familiar with these Local Rules and the federal procedural and evidentiary rules relevant to the action in which he is appearing.

(d) The law student may: 103 (i) appear as counsel in Court or at other proceedings, always accompanied by the supervising attorney, when written consent of the client (or attorney with the United States Attorney or the Office of the U.S. Trustee when the client is the United States), the supervising attorney, and the assigned Judge have been filed with the Clerk of the Court; and (ii) prepare and sign motions, petitions, answers, briefs and other documents in connection with any matter in which the student has met the conditions of (c) above. Each such document must also be signed by the supervising attorney. (e) (f) (g) The Judge’s consent for the student to appear may be withdrawn without notice or hearing and without showing of cause. The withdrawal of consent by a Judge shall not be considered a reflection on the character or ability of the student.

Local Form 122 must be completed and provided to the Court at each hearing at which the student must appear, by attaching the Local Form to the hearing sign-in sheet. Participation by students under this Local Rule shall not be deemed a violation in connection with the rules for admission to the bar of any jurisdiction concerning practice of law before admission to the bar. 104 Rule 9011-1 Signatures. (a) (b) Any motion, pleading or other document requiring a signature must, following the signature, include the address, telephone number and email address of the attorney or pro se filer.

Any motion, pleading or other document requiring a signature that is electronically filed by a registered CM/ECF user must be filed as either (a) a document containing the signature of the person(s) signing said document or (b) a document displaying the name of the person(s) signing said document, preceded by an “/s/” (“electronic signature”) and typed in the space where the signature would otherwise appear (e.g., “/s/ Jane Doe”). The electronic signature of the person on the document electronically filed constitutes the signature of that person for purposes of Fed. R. Bankr. P. 9011, and the use of a person’s password to file a document electronically does not constitute the signature of, or a representation to the Court by, the person whose password is used for such electronic filing for purposes of Fed. R. Bankr. P. 9011. In the absence of a signature on a document electronically filed, the CM/ECF password used to file the document constitutes a signature for purposes of Fed. R. Bankr. P. 9011. (c) The filing of a proof of claim electronically with the Clerk or duly appointed claims agent constitutes the filing claimant’s approved signature by law.

Electronic claimants are not required to be registered CM/ECF users. Electronically filed proofs of claim are deemed signed upon electronic submission with the Clerk or duly appointed claims agent. 105 Rule 9013-1 Motions and Applications. (a) (b) (c) (d) (e) (f) Scope.

This Local Rule applies to any motion or application filed in a main bankruptcy case. Any motion or application filed in an adversary proceeding shall be governed by