Clerk’s Office Location; Hours; After Hours Filings.

(a) (b) Clerk’s Office Location and Hours. The Clerk’s Office is located at 824 North Market Street, Third Floor, Wilmington, Delaware 19801. The normal business hours of the Clerk’s Office are Monday through Friday from 8:00 a.m. to 4:00 p.m. prevailing Eastern Time, except for legal holidays and as otherwise noticed on the Court’s website or at the Clerk’s Office. After Hours Filings.

When the Clerk’s Office is closed, papers not filed electronically may be filed with the Court by depositing them in the night depository maintained by the Clerk and are deemed filed as of the date and time stamped thereon. A document deposited in the night depository must be stamped in the upper right-hand corner of the first page of the document. (c) If the Court’s CM/ECF system is not available, please refer to the Clerk’s Office Procedures found under the Court Info tab on the Court’s website for further direction. 56 Rule 5005-1 Facsimile and Emailed Documents.

Documents may not be transmitted by facsimile or email directly to the Clerk’s Office for filing, except as otherwise may be authorized by the Court. 57 Rule 5005-4 Electronic Filing and Service. The Court has designated all cases to be assigned to the Case Management/Electronic Case Filing System (“CM/ECF”). (a) CM/ECF – General.

Unless otherwise expressly provided in these Local Rules or in exceptional circumstances preventing a registered CM/ECF user from filing electronically, all petitions, complaints, motions, briefs and other pleadings and documents required to be filed with the Court must be electronically filed by a registered CM/ECF user. Attorneys who intend to practice in this Court (including those regularly admitted or admitted pro hac vice to the bar of the Court and attorneys authorized to represent the United States without being admitted to the bar) should register as CM/ECF users. U.S. Trustees, private trustees, and others as the Court deems appropriate should also register as CM/ECF users. Registration forms, requirements and procedural information for CM/ECF are available on the Court’s website.

(b) Electronic Signature. The electronic signature of the person on the document electronically filed constitutes the original signature of that person for purposes of Fed. R. Bankr. P. 9011 and Local Rule 9011-1. (c) Receipt of CM/ECF Notices and Electronic Service. (i) (ii) By registering and becoming a CM/ECF user, the user consents to receiving electronic notices issued by the Court under Local Rule 9036-1.

By registering and becoming a CM/ECF user in a case or adversary proceeding or otherwise, the user and the user’s client or principal as applicable, is consenting to service under these Local Rules, Fed. R. Bankr. P. 7005, the Fed. R. Civ. P. and any other rule pertaining to service in accordance with Fed. R. Bankr. P. 9036 and Local Rule 9036-1. (iii) Notwithstanding subsection (ii) above, serving hard copy documents is required in the following circumstances: (A) Serving a complaint and summons in an adversary proceeding under Fed. R. Bankr. P. 7004, a motion commencing a contested matter under Fed. R. Bankr. P. 9014, or a subpoena issued under Fed. R. Bankr. P. 9016; and (B) Serving notice of the meeting of creditors required under Fed. R. Bankr. P. 2002(a)(1). (iv) All CM/ECF system registered users must maintain an active email address to receive electronic notice and service from the CM/ECF system, the Court, and filing parties. A CM/ECF system registered user must promptly update the user’s account information on the CM/ECF system when there is a change in email address, including the CM/ECF system registered user’s primary email address and any secondary email addresses.

Registration as a CM/ECF user and use of CM/ECF by a registered user each constitute the user’s consent under any applicable law to 58 use or disclose the user’s registered email addresses for purposes of receiving or sending of email incident to the service of filings made through the CM/ECF system. (v) Documents served on physical electronic storage media must be on a commonly used electronic storage medium. (d) Conversion to PDF for Electronic Filing. All petitions, complaints, motions, briefs and other pleadings and documents to be filed electronically with the Court must be converted to PDF, electronically, as opposed to scanning a document, where practicable.

59 Rule 5009-1 Closing of Chapter 7 Cases. (a) Final Report and Account. The notice given by the trustee of the filing of a final report and account in the form prescribed by the U.S. Trustee in a chapter 7 case must have on its face in bold print the following language or words of similar import: A PERSON SEEKING: (1) AN AWARD OF COMPENSATION OR REIMBURSEMENT OF EXPENSES OR (2) PAYMENT OR REIMBURSEMENT FOR EXPENSES INCURRED IN THE ADMINISTRATION OF THE CHAPTER 7 ESTATE MUST FILE A MOTION AND SERVE A COPY ON THE TRUSTEE AND THE U.S. TRUSTEE AT LEAST 21 DAYS BEFORE THE DATE OF THE HEARING ON THE TRUSTEE’S FINAL ACCOUNT. FAILURE TO FILE AND SERVE THE MOTION WITHIN THAT TIME MAY RESULT IN THE DISALLOWANCE OF FEES AND EXPENSES.

(b) Closing Reports in Chapter 7 Asset and No Asset Cases. In a chapter 7 asset case, the trustee must serve on the U.S. Trustee the original closing report (in a form designated by the U.S. Trustee), together with the affidavit of final distribution. After the U.S. Trustee completes its review of the closing report, the U.S. Trustee must file the closing report with the Clerk. In a chapter 7 no asset case, the trustee must file the original closing report (in a form designated by the U.S. Trustee) and serve a copy on the U.S. Trustee.

60 Rule 5009-2 Closing of Chapter 15 Cases. (a) Motion Required. The final report required by Fed. R. Bankr. P. 5009(c) must be included in a motion filed by the foreign representative attaching, and seeking entry of, a proposed final decree order that (i) orders the closing of the case and (ii) identifies in the caption and in the body of the order the case name and the case number of each case to be closed under the order. (b) Service and Objection.

The motion must be served on (i) the parties specified in Fed. R. Bankr. P. 5009(c), (ii) all other parties who have filed a request for notice in the case, and (iii) any other entities as the Court may direct. The foreign representative must file a certificate with the court that the motion has been served. If no objection has been filed within 30 days after the date of service, then there will be a presumption that the case has been fully administered, and the Court may enter a proposed final decree order closing the case. If an objection is timely filed, then the Court will hold a hearing on the motion.

61 Rule 5010-1 Reopening Cases. (a) Motion to Reopen Chapter 7 or 12 Case. A motion to reopen a chapter 7 or 12 case must be served on the following parties at least 21 days before the hearing thereon: the debtor, the U.S. Trustee, the case trustee, and all other parties in interest, including any new party being added as a creditor or party in interest. (b) (c) Trustee in Chapter 7, 12, or 13 Case.

If the movant requests that a trustee be appointed in the reopened case, then the motion must state why a trustee is necessary under Fed. R. Bankr. P. 5010, and the proposed form of order submitted with the motion must include proposed findings of fact supporting appointment of a trustee and directing the U.S. Trustee to make the appointment. Case Reopening Fee. The case reopening fee is due with the motion to reopen unless the reopening is sought to (i) correct an administrative error, (ii) file a complaint to obtain a determination of dischargeability of a debtor under Fed. R. Bankr. P. 4007, or (iii) accompanied by a request that the reopening fee be waived or deferred. 62 Rule 5011-1 Motion for Withdrawal of Reference.

A motion to withdraw the reference of a case, contested matter, or adversary proceeding must be filed with the Clerk. The Clerk must deliver the motion to the District Court Clerk for disposition by the District Court.

63 PART VI.

COLLECTION AND LIQUIDATION OF THE ESTATE