Court Orders

43 44 45 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 63 64 67 68 69 70 LOCAL RULE 1001-1 Scope of Rules The Supreme Court of the United States has prescribed rules of procedure in bankruptcy cases pursuant to 28 U.S.C. §2075. Bankruptcy Rule 9029 gives the authority to the United States District Court to promulgate rules for the Bankruptcy Court. Pursuant to Order dated March 31, 2016, by the Honorable Glen E. Conrad, Chief Judge of the United States District Court for the Western District of Virginia, the function of promulgating rules governing practice and procedure in the United States Bankruptcy Court has been granted to the Judges of the United States Bankruptcy Court. These local rules are to govern practice and procedure solely in the United States Bankruptcy Court for the Western District of Virginia and are designed to clarify and assist in practices and procedures within the United States Bankruptcy Court in the Western District of Virginia in a way that is not inconsistent with any provision of federal law, Federal Rules of Civil Procedure, or the Bankruptcy Rules.

1 LOCAL RULE 1002-1 Petition - General A. Filing in Proper Division: A petition seeking relief under the Bankruptcy Code shall be filed in the divisional office in which the debtor's domicile, residence, principal place of business or principal assets were located for the greater part of the 180 days immediately preceding the filing of the petition, unless an extreme hardship would result or justifiable cause can be shown. B. Representation by Counsel: Any entity, as defined in 11 U.S.C. §101(15), other than an individual, must be represented at all times by an attorney who is a member in good standing of the Bar of this Court.

C. Additional Requirements: 1.

Original Signature: The original petition must include an unsworn declaration with the original signature of all debtors and the original signature of the debtor's attorney, if any. 2. Number of Debtors: More than one entity cannot be listed as the debtor, except that spouses may file a joint petition. 3.

Additional Documents to be filed: (a) a schedule of assets and liabilities on the approved bankruptcy form or a Chapter 13 statement, if applicable. (b) if the debtor is a corporation, partnership, or limited liability company, a copy of the corporate resolution or other appropriate authorization, as specified in Local Rule 1074-1. (c) if a Chapter 11 petition, a list of 20 largest unsecured creditors (pursuant to Bankruptcy Rule 1007(d . (d) a mailing matrix properly formatted and uploaded pursuant to Local Rule 1007-2.

D. Electronic Filing: Requirements applicable to petitions filed with the Court in electronic format are governed by Local Rule 5005-4 and the Administrative Procedures authorized by the “Order Adopting Case Management/Electronic Case Filing” in the United States Bankruptcy Court for the Western District of Virginia, which may be modified from time to time and posted on the Court’s Internet website. 1002-1(B) The amendment replaces “person” with “individual” to clarify that corporations (and similar entities) must be represented by counsel [change effective 4/06/23]. COMMENT 2 LOCAL RULE 1006-1 Extension of Time to Pay Filing Fees A. Denial of Application for Extension: If the debtor(s) has failed to pay filing fees in a previous case before this Court, any application to pay a filing fee in installments or an application for an extension of time to pay the filing fee will only be granted after notice and hearing and then only for good cause shown. NOTE: 28 U.S.C.§1930 specifies the filing fees to be paid for petitions under Chapters 7, 9, 11, 12 and 13 of Title 11 U.S.C. 3 LOCAL RULE 1007-1 Filing of Schedules and Statements A. In the event that schedules and statements are not filed with thepetition in a voluntary case, they shall be filed within fourteen (14) days thereafter, unless a motion to extend the time for filing is received prior to the expiration of the fourteen (14) days.

Any motion to extend time to file schedules will not be granted without the consent of the Trustee or hearing held prior to the first date set for the meeting of creditors under 11 U.S.C. §341(a). B. Whenever the debtor(s) files schedules pursuant to this rule, the debtor(s) shall also complete and file the Certification Regarding Balance of Schedules [see Local Forms on the Court’s website]. C. Failure to comply with the provisions of this rule may result in the dismissal of the case without further notice or hearing. 4 LOCAL RULE 1007-2 Mailing Matrix A. Controlling as List of Creditors: The mailing matrix is to be a complete list of creditors of the case, and should any discrepancies appear between the matrix and the list of creditors filed within the official form required, the matrix shall be controlling.

The filing of a mailing matrix is certification that it is a complete and correct list of all creditors of the debtor(s).

B. Requirements for Mailing Matrix: 1.

A creditor mailing matrix must be uploaded into the case management /electronic filing system (CM/ECF) for each bankruptcy petition filed. 2. The mailing matrix shall include the names and addresses of all creditors, in alphabetical order. 3.

Items are to be typed in proper case. 4. The list is to be in a single vertical column with no grid lines. 5.

There must be at least 2 blank lines above and below each creditor name and address combination. 6. Each entry should consist of up to 5 lines and a maximum of 50 characters each. (If the creditor name is more than 50 characters, it will be shortened by the Clerk's office.) 7.

Leave at least one single space between the city and state and zip code. A comma between them is unnecessary: Roanoke VA 24010. 8. Use the official United States Postal Service state abbreviations.

9. Addresses shall include zip codes. 10. Individuals must be listed as last name (comma) (space) first name with no periods.

EXAMPLES: Whoever, John, Jr. 5932 Lovers Lane Roanoke VA 24019 XYZ Sales & Service PO Box 92900 Charlotte NC 38902 5 Local Rule 1007-2, continued Incomplete Addresses: An address containing only a name, or name and incomplete address C. will not be mailed. D. Adding Creditors: When an addition of five or more creditors is made to the mailing matrix, the entire mailing matrix is not to be filed. A supplemental mailing matrix, containing only the newly added names and addresses of those creditors added, shall be filed. E. Change of Address: The attorney of record or pro se debtor(s) shall notify the Clerk in a separate letter of a change of mailing address for the debtor(s) or debtor’s counsel.

F. Format for Filing: All petitions filed non-electronically with the Court must include an alphabetical listing of all creditors with their complete mailing address, including zip code, attached to the petition. Pro se debtors shall file the list of creditors on paper in scannable format with the following specifications: white bond or standard copy paper, 8.5” by 11” in size, margins of at least 1” top, bottom and left, and typed or printed with a font no smaller than 12 point in size. For other than pro se debtors, a proper format for the mailing matrix will be considered by the Court only upon submission of a written motion for waiver, proposed order, and list of creditors complying with the provisions of this paragraph. G. Returned or Undeliverable Mail: It is the responsibility of the debtor(s) to provide complete and correct addresses.

All undelivered mail will be returned to the debtor(s) (or debtor’s counsel), and it shall be the duty of the debtor(s) to forward copies of all notices to the proper parties and notify the Court of the correct address. 6 LOCAL RULE 1009-1 Amendments to Petition, Lists, or Schedules A. Amending a Petition, List, Schedule or Statement: Where the debtor(s) files any amendment to the petition, lists, schedules or statements previously filed, the debtor(s) shall send notice of the same to the United States Trustee, any trustee appointed, and to any and all entities affected by the amendment. Additionally the debtor(s) shall complete and file the Certification Regarding Amended Schedules or Statements [see Local Forms on the Court’s website]. Adding Creditors: Where the debtor(s) adds creditors to the case by supplementing B. either the schedules or the list of creditors previously filed, the debtor(s) shall serve upon each newly-listed creditor a copy of the following: 1. the amendment, on the form designated by the Court; 2. the meeting of creditors notice; 3. the order granting discharge (if any); and 4. any other filed document affecting the rights of said creditor.

Proof of Service: All amendments of the kind specified in this rule shall be accompanied C. by the debtor's proof of service evidencing that the required notice was given. 7 LOCAL RULE 1015-1 Consolidation of Cases A party desiring to have bankruptcy cases consolidated procedurally, substantively, or for some other purpose must file a written motion requesting consolidation. Subsections A and B are applicable only after consolidation is granted by the Court. A. Procedural Consolidation: Cases that are procedurally consolidated are consolidated for noticing purposes only (they will share a joint mailing matrix).

The party seeking procedural consolidation shall file a consolidated mailing matrix for each case included in the consolidation within fourteen (14) days from the date of the order granting consolidation. A pleading, order, or notice which concerns a matter in only one of the procedurally consolidated cases shall be docketed and filed in that case only, but shall reflect the consolidation by stating, in parentheses below the style of the case, "(Procedurally consolidated with Case No.(s ". A pleading, order, or notice which concerns a matter in all of the procedurally consolidated cases shall contain the style of the cases and shall reflect the consolidation by stating, in parentheses below the style of the cases, "(Procedurally consolidated)". B. Substantive Consolidation: Cases are substantively consolidated when the assets and liabilities of the debtors are consolidated.

When a case is substantively consolidated, the movant shall file within fourteen (14) days from the date of the order granting consolidation a mailing matrix for the combined cases. All further pleadings, orders, and notices shall contain the style of the consolidated cases and the style shall reflect the consolidation by stating, in parentheses below the style of the cases, "(Substantively consolidated)". C. Modification of Procedure: The Court may, by administrative order, sua sponte or upon a motion of a party, modify the rules and procedures applicable to procedural or substantive consolidation. Authority: Bankruptcy Rule 1015 and 11 U.S.C. §302 8 LOCAL RULE 1017-1 Post-Discharge Conversions from Chapter 7 to Another Chapter Any debtor(s) who has received a Chapter 7 discharge and files a motion with this Court pursuant to 11 U.S.C. §706 requesting his/her case be converted to another chapter will be required to either: A. Set forth in the motion that the debtor(s) waives the benefit of the previously granted Chapter 7 discharge, pursuant to 11 U.S.C. §727(a)(10) and notices same pursuant to Local Rule 4006-1; or B. Schedule a hearing on the motion, with notice to all creditors, and demonstrate to the Court good cause to retain the benefits of the Chapter 7 discharge while continuing the case under the new chapter.

9 LOCAL RULE 1017-2 Dismissal or Suspension - Contemporaneous Petitions No debtor as defined by 11 U.S.C.§109 or §101(13) may maintain more than one petition under any chapter or chapters of the United States Bankruptcy Code at the same time, unless for good cause shown. After notice and opportunity for hearing, the second petition filed may be dismissed by the Court sua sponte or pursuant to motion of the United States Trustee or any interested party. 10 LOCAL RULE 1017- 3 Conversions from Chapter 7 to Chapter 13 at the Request of the Debtor Any debtor(s) who desire(s) to convert a case from Chapter 7 to Chapter 13 shall : A. File a Notice and Motion to Convert to Chapter 13 in substantial compliance with the format attached to these local rules as "Form 1017-3A" and shall serve said Notice and Motion upon all creditors, the U.S. Trustee and the Chapter 7 trustee. B. If the case was previously converted from one chapter to another chapter under the Bankruptcy Code, the debtor shall set the motion for hearing and shall serve said Notice and Motion pursuant to Bankruptcy Rule 2002(a) upon all creditors, the U.S. Trustee and the Chapter 7 trustee.

C. If the case was not previously converted from one chapter to another chapter under the Bankruptcy Code: 1. Any objection to the Notice and Motion to Convert shall be filed within twenty-one (21) days of the date of the debtor's filing of the Notice and Motion to Convert and the objecting party shall obtain a hearing date for the objection and shall serve the objection and notice of hearing on the debtor(s), debtor's attorney, the U.S. Trustee and the Chapter 7 trustee according to Local Rule 9013-1H. 2. No hearing shall be held on the Notice and Motion to Convert in a previously unconverted case unless a timely objection is filed and the Court, upon the expiration of the twenty-one (21) day period set forth in Paragraph C(1) above, shall enter the standard form order of conversion to Chapter 13.

If the case is converted, said conversion will be effective the date of docketing of the Order of D. Conversion. 11 LOCAL RULE 1071-1 Divisions of the Western District of Virginia A. Divisional Offices: The Western District of Virginia consists of those counties, cities and towns as set forth in 28 U.S.C.§127. There are three (3) divisional Clerk's offices wherein all petitions, motions, schedules, statements and other documents to be filed with the Court are to be sent. The divisions are as follows: 1.

Roanoke Divisional Office: Commonwealth of Virginia Building, 210 Church Avenue, Room 200, Roanoke, VA 24011, (540-857-2391) which consists of the counties of Bland, Botetourt, Buchanan, Carroll, Craig, Dickenson, Floyd, Franklin, Giles, Grayson, Lee, Montgomery, Pulaski, Roanoke, Russell, Scott, Smyth, Tazewell, Washington, Wise, Wythe, and the cities of Bristol, Galax, Norton, Radford, Roanoke, and Salem. 2. Lynchburg Divisional Office: U. S. Courthouse & Federal Building, 1101 Court Street, Lynchburg, VA 24504, (540-857-2391) which consists of the counties of Albemarle, Amherst, Appomattox, Bedford, Buckingham, Campbell, Charlotte, Culpeper, Cumberland, Fluvanna, Greene, Halifax, Henry, Louisa, Madison, Nelson, Orange, Patrick, Pittsylvania, and the cities of Charlottesville, Bedford, Lynchburg, Danville, Martinsville, and South Boston. The clerk's office does not have staff at the Lynchburg Divisional Office.

Any mail for the office should be sent to the Roanoke Divisional Office (see address above). 3. Harrisonburg Divisional Office: U.S. Courthouse and Post Office, 116 N. Main Street, Room 223, Harrisonburg, VA 22802, (540-434-8327) which consists of the counties of Alleghany, Augusta, Bath, Clarke, Frederick, Highland, Page, Rappahannock, Rockbridge, Rockingham, Shenandoah, Warren, and the cities of Harrisonburg, Staunton, Waynesboro, Winchester, Buena Vista, Lexington, Clifton Forge, and Covington. B. Judges' Chambers: There are two Bankruptcy Judges currently sitting in the Western District of Virginia.

They are as follows: The Honorable Rebecca B. Connelly, Judge 116 N. Main Street Room 319 Harrisonburg, VA 22802 (540) 434-6747 The Honorable Paul M. Black, Chief Judge 210 Church Avenue SW Room 210 Roanoke, VA 24011 (540) 857-2394 1071-1(A)(2) The amendment addresses the closure of the clerk's office in Lynchburg. Court hearings, however, will continue to be held in Lynchburg. [change effective 3/14/25] COMMENT 12 LOCAL RULE 1072-1 Places of Holding Court The Bankruptcy Court for the Western District of Virginia sits in six (6) locations as mandated by 28 U.S.C.§127 as well as additional locations in the discretion of the United States Judicial Conference. The locations within the Western District of Virginia are: Abingdon (U.S. Courthouse & Federal Building, Abingdon, VA 24210), Charlottesville (U.S. Courthouse & Federal Building, Charlottesville, VA 22901), Danville (U.S. Courthouse & Post Office, Danville, VA 24541), Harrisonburg (U.S. Courthouse & Post Office, Harrisonburg, VA 22802), Lynchburg (U.S. Courthouse & Federal Building, Lynchburg, VA 24504), and Roanoke (Commonwealth of Virginia Building, Roanoke, VA 24011). COMMENT 1072-1 The amendment removes Big Stone Gap as a place of holding court (change effective 8/9/2023).

13 LOCAL RULE 1074-1 Corporations, Partnerships, & Limited Liability Companies A. Corporate Resolution: A voluntary petition filed by, or consent to an involuntary petition filed on behalf of, a corporation shall be accompanied by a duly attested copy of the corporate resolution or other appropriate written authorization. B. Partnership Statement : A voluntary petition filed by, or consent to an involuntary petition filed on behalf of, a partnership shall be accompanied by a duly attested statement that all partners whose consent is required for the filing have consented. C. Limited Liability Company Statement : A voluntary petition filed by, or consent to an involuntary petition filed on behalf of, a limited liability company shall be accompanied by a duly attested statement that all members whose consent is required for the filing have consented. D. Representation of Corporations: Any corporation which maintains an action in this Court under any chapter of the Bankruptcy Code or appears before the Court in any manner must be represented at all times by counsel.

14 LOCAL RULE 2002-1 Notice to Creditors and Other Interested Parties A. Proponent to Give Notice: 1. Generally: The proponent of any post petition action shall give notice to all parties affected thereby, unless there is a specific prohibition or exception set forth in the Bankruptcy Code, Bankruptcy Rules, Federal Rules of Civil Procedure, or these Local Rules. A certification of such notice is to be promptly filed with the Clerk of Court. 2.

In Reorganization Cases: All proponents of plans in reorganization cases shall give the notice required under Bankruptcy Rule 2002(b), in a form approved by the Clerk of Court, and shall file proof of service with the Court. B. Authority for Agreements to Give Notice: The Clerk is authorized to enter into agreements with debtors wherein they will provide all required notices to interested parties in cases where the interest of justice and efficiency are served thereby. The Clerk shall approve the form of all such notices, and proof of service shall be filed with the Court.

C. Notice by Publication: 1.

Place of Publication: All notices requiring publication shall be published at least once unless otherwise required by order, rule or statute, and such notice shall be published in newspapers of general circulation as the Court may order. 2. Time of Publication: All notices shall be published at least seven (7) days prior to any action to be taken pursuant to the notice, and a longer notice shall be given when required by rule or statute or where deemed proper by the Court.

D. Notice and Service by Electronic Transmission: 1.

Automatic Notice of Electronic Filing: Whenever a pleading or other paper is filed electronically, a Notice of Electronic Filing will be automatically generated by the Electronic Case Filing system at the time of filing, and sent electronically to the party filing the pleading or other paper, as well as to all parties in the case who are registered participants in the Electronic Case Filing system or have otherwise consented to electronic notice. 2. Required Email Address: All registered participants shall maintain a current and active e-mail address to receive notification in CM/ECF. 3.

Electronic Service Required: The filing party, who is a registered CM/ECF participant, shall serve the pleading or other paper electronically upon all persons entitled to notice or service in accordance with the Federal Rules of Bankruptcy Procedure and this Court’s Local Rules. 15 Local Rule 2002-1, continued 4. Registered Participants Consent to Electronic Service: Pursuant to FRBP 7005, a registered CM/ECF participant consents to receive notice and service by electronic means, which shall constitute proper service. If the recipient of notice or service is a registered CM/ECF participant, service of the “Notice of Electronic Filing” shall be the equivalent of service of the filing by first class mail, postage pre-paid.

EXCEPTIONS: (a) service of the original complaint and summons for an adversary proceeding pursuant to FRBP 7001; (b) a motion commencing a contested matter pursuant to FRBP 9014 until such time as FRBP 7004 may be amended to permit electronic service of such a complaint or motion; (c) service required to be made otherwise pursuant to FRBP 7004(h) (service on an insured depository institution). 5. Service on Non-Registrants: Service of any pleading or other document may be made upon non-registrants by any means expressly authorized by the Federal Rules of Bankruptcy Procedure. 6.

Service of Non-Electronically Filed Documents: Pleadings or other documents which are not filed electronically shall be served in accordance with the Federal Rules of Bankruptcy Procedure and these Local Rules, except as otherwise provided by order of the Court.

F. Agreements to Use Preferred Addresses: 1.

Scope and Authority: Pursuant 11 U.S.C. §342(e) & (f) an entity and a notice provider may agree that when the notice provider is directed by the Court to give a notice to that entity, the notice provider shall give the notice to the entity in the manner agreed to and at the address or addresses the entity supplies to the notice provider. That address is conclusively presumed to be a proper address for the notice. The notice provider’s failure to use the supplied address does not invalidate any notice that is otherwise effective under applicable law. 2.

Filing of Notice: The filing of a notice of preferred address pursuant to 11 U.S.C. §342(f) by a creditor directly with the agency or agencies that provide noticing services for the Bankruptcy Court will constitute the filing of such a notice with the Court. 3. Registration: Registration with the National Creditor Registration Service must be accomplished through the agency that provides noticing services for the Bankruptcy Court. Forms and registration information are available at www.ncrsuscourts.com.

SECTION F CODIFIES STANDING ORDER #5 16 LOCAL RULE 2002-2 17 Notice to the United States or Federal Agency A. Notices to United States Trustee in Chapter 11 Cases: Unless otherwise specifically directed by the Court or the United States Trustee, a party in interest in a case commenced under Chapter 11 of the Bankruptcy Code shall serve upon the United States Trustee copies of all papers filed with the Court except proofs of claim. 17 LOCAL RULE 2002-3 18 United States as a Creditor or Party Except as otherwise specified in these rules or applicable statutes, all federal agencies or entities of the United States shall receive notice of all proceedings before this Court as specified in Local Rule 2002-1. 18 LOCAL RULE 2014-1 Employment of Professionals A. Certified to United States Trustee: Any and all applications for employment of professional persons pursuant to Bankruptcy Rule 2014 must certify that a copy has been filed with the United States Trustee. B. Disclosure of Connections: All applications for employment shall either: affirmatively aver that the applicant has no connection with the debtor(s), creditors, any other party in interest, their respective attorneys and accountants, the United States Trustee, or any person employed by the Office of the United States Trustee; or make a full disclosure of said connections in the application.

C. Expedited Entry of Order: Absent objections within fourteen (14) days of filing with the Court by a party in interest, the Court may approve said application(s) without further notice or hearing. 19 LOCAL RULE 2015-2 Debtor in Possession Duties - Post Confirmation Requirements Other than under subchapter V or in a small business case, upon the effective date of a Chapter 11 plan confirmed by the Court, the debtor will be required to file a quarterly operating report with the Office of the United States Trustee, on a form prescribed by that office, until the case is closed. A duplicate of this report is to be filed with the Court to satisfy the requirements of Bankruptcy Rule 2015. 20 LOCAL RULE 2016-1 Compensation of Professionals in Chapter 7 Cases Any application pursuant to Bankruptcy Rule 2016 for the payment of professional fees in a case under Chapter 7 of the Bankruptcy Code must be filed no later than seven (7) days before the entry of the order approving the trustee's final distribution in the case.

Any applications filed after that time shall be deemed not timely filed and will not be considered by the Court. 21 LOCAL RULE 2016-2 Expense Guidelines for Fee Applications A. Scope of Rule: These guidelines apply to all professionals seeking compensation pursuant to 11 U.S.C. §§327, 328, 330, and 331.

B. Allowable Expense Guidelines : 1.

Photocopies: Fifteen cents (15¢) per page. 2. Facsimile Transmissions: Twenty five cents (25¢) per page plus any actual long distance charges. C. Expenses in Excess of Allowed Amounts: Applications for compensation that vary from the amounts set forth in this local rule will require documented proof of the actual cost incurred.

CODIFIES STANDING ORDER #2 22 LOCAL RULE 2090-1 Admission to Practice A. Bar of the Court: Those attorneys who are admitted to practice before this Court shall comprise the Bar of the United States Bankruptcy Court for the Western District of Virginia. B. Qualifications to Practice: To practice before this Court, an attorney shall at all times be a member in good standing of the Bar of the State of Virginia and have been administered the oath of admission by the Court upon the filing of an acceptable application or as otherwise authorized in this rule. C. Application and Procedure for Admission: Every attorney desiring admission to practice before this Court shall file with the Clerk written application thereof accompanied by an endorsement by one qualified member of the Bar of this Court stating that the applicant is of good moral character and professional reputation and is qualified to practice bankruptcy law. The Clerk of this Court shall supply such application upon request (See Form 2090-1A).

As a part of the application, the applicant shall certify that the said applicant has read the Rules of Bankruptcy Procedure and the Local Rules of this Court and is familiar with the Federal Rules of Civil Procedure and the Federal Rules of Evidence.

D. Presentation in Court: 1.

Presentation in Court: After approval of the application by the Court, the endorser of the applicant may present himself/herself in open court and by oral motion move for his/her admission to practice and in open Court, take the oath required for admission and sign the roll of the Bar of this Court. Presentation may take place in chambers with leave of the Court. 2. Waiver of Appearance: Upon motion and for good cause shown, the court may waive appearance in open court.

E. Other Attorneys: 1.

Eastern District of Virginia: Any attorney who is a member in good standing of the Virginia State Bar and the Bar of the United States Bankruptcy Court for the Eastern District of Virginia shall be permitted to practice in the Bankruptcy Court for the Western District of Virginia upon filing with the Clerk of this Court: (a) a certificate of the Clerk of the United States Bankruptcy Court for the Eastern District of Virginia stating that said attorney is a member in good standing of the Bar of that District, and (b) a certification from the applicant stating that said attorney has, within the preceding sixty (60) days, read the Local Rules of this Court (Form 2090-1B). 23 Local Rule 2090-1, continued 2. Foreign Attorneys: Attorneys who are not qualified and licensed to practice under the laws of Virginia, but who are qualified and licensed to practice before the Supreme Court of the United States, or before the highest Court of any state in the United States, or before the Courts of the District of Columbia, may not become members of the Bar of this Court, but may appear on a pro hac vice basis only in association with a member of the Bar of this Court, upon motion of such member, and only for the conduct of a case in which associated and then pending before the Court. If said motion is granted, the member of the Bar of this Court that made said motion, will be required to sign all pleadings and appear at all hearings and proceedings before this Court, unless these provisions are waived by the presiding Judge.

Such appearance shall not be withdrawn without leave of the Court. Service of notice, process, or any other paper upon the foreign attorney shall be equivalent to such service on the parties for whom appearance has been noted, provided that the foregoing provisions shall not apply to a pro se party. A pro se party shall file a memorandum showing an address where notice can be served. 3.

Governmental Attorneys: Any attorney authorized to represent the interest of the United States pursuant to 28 U.S.C. § 517 is authorized to appear in this Court. In addition, any attorney: (i) licensed to practice and in good standing before the highest court of any State in the United States or before the Courts of the District of Columbia, and (ii) who is regularly employed by the United States or any agency or department thereof or of any State or any political subdivision thereof or any agency or department of any of them as an attorney therefore, may file pleadings and appear in this Court on behalf of that governmental unit, agency or department by which he or she is employed without regard to the requirements contained in section E.2 of this rule. F. Student Practice: To the extent the United States District Court for the Western District of Virginia has in effect a rule authorizing third-year law student practice, the provisions of said rule apply equally to such practice before this Court. G. Previous Practice Clause: All members in good standing of the United States Bankruptcy Court for the Western District of Virginia prior to February 28, 1988, shall be deemed to be members of the Bar of the United States Bankruptcy Court for the Western District of Virginia.

H. Activities Not Requiring Admission: The following activities shall not require admission to the bar of this Court: 1. Filing a notice of appearance with a request to be served with pleadings filed in the case. 2. Filing a proof of claim on behalf of a client or an employer.

3. Filing a response on behalf of a client or an employer to any objection to claim or to any pre-hearing order issued by the Court with respect to any objection or motion filed in a case affecting such client*s or employer*s interest, but not including an appearance in Court in any hearing resulting therefrom except in compliance with section B of this Rule. 4. Such other activities as the Court from time to time for cause shown may authorize.

24 LOCAL RULE 2091-1 Withdrawal of Appearance No attorney of record shall withdraw from any matter pending in this Court, except with the consent of his client stated in writing and by order of the Court or for good cause shown after notice to the client. Any withdrawing attorney shall forthwith give written notice thereof to the Clerk of the Court at such place as said matter is pending. Any attorney entering an action at any time after its inception shall promptly give written notice thereof to the Clerk requesting to be entered as attorney of record. 25 LOCAL RULE 3001-1 Claims and Equity Security Interest - General A. Case Number: Each proof of claim presented for filing must specify the case number of the applicable bankruptcy case.

B. Original Signature: Each proof of claim presented for filing must be signed by the claimant or the claimant's authorized agent, pursuant to Bankruptcy Rule 3001(b). C. Evidence of Debt: Each proof of claim presented for filing must have attached any applicable security interest or other appropriate documentation evidencing the debt. D. Electronic Filing of Proofs of Claim: In all cases, proofs of claim may be filed electronically with the clerk according to the procedures established and published from time to time by the clerk. Those procedures are available from the clerk’s office and are maintained on the court’s website at: www.vawb.uscourts.gov.

1. When filing proofs of claim electronically, the claimant shall comply with the requirements of Bankruptcy Rule 3001(c) and (d) regarding the attachment of documentation in electronic format sufficient to establish the validity and status of the claim. 2. The filing of a proof of claim electronically with the clerk shall constitute the filing claimant’s approved signature by law and the provisions of 18 U.S.C. §152 shall apply to such filing.

3. The filing of a proof of claim electronically in accordance with the clerk’s procedures shall constitute entry of the proof of claim in the claims register maintained by the clerk pursuant to Bankruptcy Rule 5003. 26 LOCAL RULE 3004-1 Filing of Claims by Debtor or Trustee A debtor’s attorney or a trustee filing a proof of claim on behalf of a creditor under Federal Bankruptcy Rule 3004 shall be responsible for giving notice of such filing to the creditor, debtor, and trustee as required by that rule and shall attach to the proof of claim a certification of such notice. 27 LOCAL RULE 3010-1 Small Dividends A. Chapter 7 Cases: In a chapter 7 case, the Chapter 7 Trustee is authorized to distribute dividends to any creditor in amounts less than five dollars ($5.00).

B. Subchapter V of Chapter 11, Chapter 12 or 13 Cases: In a case under subchapter V of Chapter 11, Chapter 12, or Chapter 13, the Trustee is authorized to distribute payments to any creditor in amounts less than fifteen dollars ($15.00). 28 LOCAL RULE 3015-1 Chapter 13 - Plan A. Filing of Plan: 1. Requirement: The debtor(s) shall file a Chapter 13 plan not later than fourteen (14) days after the commencement of the Chapter 13 case. The plan shall be accompanied by proof of service.

2. Required Form Plan: Chapter 13 debtors shall use Official Form 113 (Chapter 13 Plan). 3. Extension of Time to File Plan: (a) General Policy: Motions to extend the time for filing of a Chapter 13 plan must be in writing.

(b) Motion to Extend Time for Filing Plan: A motion to extend time for the filing of a plan shall not be considered by the Court unless the same is filed within fourteen (14) days after the date of commencement of the Chapter 13 case, or the failure to file falls under the provisions of Rule 60 of the Federal Rules of Civil Procedure. (c) Notice of Extension of Time to File Plan: If the Court grants the debtor's motion to extend time to file a Chapter 13 plan, the debtor(s) shall forthwith notify the trustee and all creditors of the new deadline set for filing the plan and of the new objection period. B. Distribution of Plan: The debtor(s) shall distribute a copy of the plan to all creditors, the standing trustee, and other interested parties and provide the Court with proof of service of the same. If the plan contains (i) a request under section 522(f) to avoid a lien or other transfer of property exempt under the Code or (ii) a request to determine the amount of a secured claim, the certificate of service shall certify that the plan was served on the affected creditors in the manner provided for by Rule 7004 for service of a summons and complaint.

29 LOCAL RULE 3015-2 Chapter 13 - Amendments to Plan A. Pre-Confirmation Amendments: 1. Filed with the Court thirty-five (35) or more days prior to confirmation: If an amended plan is filed with the Court thirty-five (35) days or more prior to the date first set for a confirmation hearing, the debtor shall file with said amended plan proof of service as set forth in section “D” of this rule. [See also Local Form Certification of Mailing and/or Service of Chapter 13 Plan]. The debtor shall also file a copy of the notice served with such plan advising all creditors and other parties in interest of the date for the confirmation hearing upon such plan and that any objection to its confirmation must be filed in writing at least seven (7) days in advance of such hearing in order to be heard. 2.

Filed with the Court less than thirty-five (35) days prior to confirmation: If an amended plan is filed with the Court less than thirty-five (35) days prior to the date first set for a confirmation hearing, the debtor(s) is required to obtain a new confirmation hearing date [see Court’s website for hearing dates] and file the amended plan and the Local Form Amended Chapter 13 Plan Cover Sheet and Notice of Hearing with the Court. The debtor(s) will then be required to serve a copy of the amended plan and the Amended Chapter 13 Plan Cover Sheet and Notice of Hearing as set forth in section “C” of this rule. B. Post-Confirmation Amendments: If an amended plan is filed after confirmation, the debtor(s) is required to obtain a confirmation hearing date [see Court’s website for hearing dates] and file the amended plan and the Local Form Amended Chapter 13 Plan Cover Sheet and Notice of Hearing with the Court. The debtor(s) will then be required to serve a copy of the amended plan and the Amended Chapter 13 Plan Cover Sheet and Notice of Hearing as set forth in section “C” of this rule.

C. Distribution of Amended Plan: The debtor(s) shall serve any amended plan on: 1. the standing trustee, and 30 2. all creditors and interested parties on the mailing matrix unless otherwise ordered by the Court. D. Proof of Service: Contemporaneous with the distribution of an amended plan, the debtor(s) shall file a proof of service certification [see Local Form Certification of Mailing and/ or Service of Chapter 13 Plan] with the Court evidencing service on the standing trustee and all creditors on the debtor’s mailing matrix unless otherwise ordered by the Court. If the plan contains (i) a request under section 522(f) to avoid a lien or other transfer of property exempt under the Code or (ii) a request to determine the amount of a secured claim, the certificate of service shall certify that the plan was served on the affected creditors in the manner provided for by Rule 7004 for service of a summons and complaint. 31 LOCAL RULE 3015-3 Chapter 13 Confirmation Requirements A. Certification to the Court: Prior to a debtor(s)’ confirmation hearing or the entry of an initial confirmation order, all debtor(s) shall sign the “Affidavit of Debtor(s) Requesting Confirmation of Plan” (Form 3015-3A) to certify compliance with this rule and shall file it with the Clerk of Court and shall deliver a copy to the Chapter 13 Trustee.

CODIFIES STANDING ORDER #10 32 LOCAL RULE 3015-4 Chapter 13 - Objections to Confirmation A. Deadline for Original Plan and Related Motions: Any objection to confirmation of the original Chapter 13 Plan or any objection to a request made therein shall be filed not later than seven (7) days prior to the date set for the confirmation hearing. Any extension of the original objection period must be requested by motion. B. Deadline for Modified Plans: Any objection to a modified Chapter 13 Plan or any objection to a request made therein shall be filed at least seven (7) days in advance of the confirmation hearing for such Plan. C. Service of Objection: The objecting party shall file the original objection to confirmation with the Court and serve copies on the standing trustee, the debtor(s), and the debtor's attorney.

The objection shall be accompanied by proof of service evidencing compliance with this requirement. 33 LOCAL RULE 3017-2 Conditional Approval of Disclosure Statements in Small Business Cases or in a Case Under Subchapter V of Chapter 11 A. Preliminary Review by the United States Trustee: If a Small Business Debtor as defined in 11 U.S.C. § 101(51D) or a debtor in a case under Subchapter V of Chapter 11 in which the Court has ordered that §1125 applies (collectively, the "Debtor") wishes to obtain conditional approval of a disclosure statement, the Debtor shall submit the proposed plan and disclosure statement to the Office of the U.S. Trustee for the Western District of Virginia no fewer than seven (7) days before the proposed plan and disclosure statement are filed with the Court. The U.S. Trustee shall then provide comments to the Debtor within seven (7) days thereafter. B. Filing with the Court: The Debtor shall file with the Court the proposed plan and disclosure statement together with a motion for conditional approval of the proposed disclosure statement certifying compliance with this Rule and containing a statement as to whether the disclosure statement as filed addresses any concerns expressed by the U. S. Trustee.

In addition, the Debtor shall attach to the Motion an affidavit attesting to the truthfulness of the contents of said disclosure statement and that all known material facts germane to the financial condition of the Debtor have been disclosed. The affidavit shall be signed by the Debtor(s), or if the Debtor is a legal entity, by such entity’s chief officer. Such motion and proposed plan and disclosure statement shall be served upon the Office of the U. S. Trustee, counsel for any appointed creditors’ committee, upon any attorney who has filed a notice of appearance or otherwise appeared in the case, and upon any party that has either actually appeared in the case or has filed a request to receive notice. C. Response by United States Trustee: Within seven (7) days after the filing of the plan, disclosure statement and motion for conditional approval, the U.S. Trustee shall file a statement with the Court indicating either that the filed disclosure statement is satisfactory to the Office of the United States Trustee, or if not, in what respects it is considered to be deficient.

Any other party in interest may file a similar statement within such period. The Court will consider any such statements filed before ruling on the motion. D. Action by the Court: The Court may either grant or deny the motion for conditional approval without a hearing or may schedule the same for an expedited hearing.

E. Additional Considerations: 1.

The procedure for conditional approval described herein shall not extend any deadline for filing a plan and disclosure statement previously set by the Court. 2. The Debtor shall bear the burden of obtaining final approval of the disclosure statement in accord with the requirements of 11 U.S.C. § 1125. 3.

Conditional approval of the disclosure statement shall not prohibit any party from making timely objection to final approval of such disclosure statement. Codifies Standing Order 13 34 LOCAL RULE 3022-1 Final Report/Decree - Substantial Consummation in Chapter 11 Cases A. Scope of this Rule: This rule applies in all Chapter 11 Cases except when the debtors are individuals and the original filing date of the case was on or after October 17, 2005. B. Notice of Application and Hearing: Debtor's counsel shall give twenty-eight (28) days notice to all creditors and the United States Trustee of a hearing on the application for final decree and shall certify in writing to the Court compliance with all noticing requirements. C. Objections: Written objections to entry of a final decree and request for hearing thereon must be filed not later than seven (7) days prior to the hearing date with copies to be served on the debtor(s) and debtor’s counsel.

35 LOCAL RULE 4001-2 Pre-Confirmation Adequate Protection and Lease Payments in Chapter 13 Cases A. Payments due under personal property leases governed by 11 U.S.C. §1326(a)(1)(b): All such payments shall be made directly by the debtor to the lessor and the debtor shall furnish proof of such payments to the chapter 13 trustee, unless the debtor’s plan expressly provides that such pre- confirmation payments will be made to the trustee, in which event the trustee shall pay the lessor, both before and after confirmation, or unless the Court, after motion, notice and opportunity for a hearing, orders otherwise. B. Pre-confirmation adequate protection payments governed by 11 U.S.C. § 1326(a)(1)(c): If the debtor’s proposed plan so provides, pre-confirmation adequate protection payments governed by 11 U.S.C. § 1326(a)(1)(c) shall be made by the debtor to the chapter 13 trustee as part of the total payment to the trustee, who shall disburse the amount provided for by the plan as pre-confirmation adequate protection payments to the secured creditor promptly prior to confirmation. Unless the plan provides otherwise in Part 8 or the Court orders otherwise, the amounts for adequate protection for holders of allowed secured claims secured by purchase money security interest in personal property (see 11 U.S.C. § 1326(a)(1)(c shall be the amounts to be disbursed under Parts 3.2 or 3.3 of the plan. In the event the proposed plan provides that such payments shall be made directly, such payments shall be made by the debtor directly to the creditor(s) entitled to receive them and the debtor shall provide proof and an accounting thereof to the trustee.

CODIFIES STANDING ORDER #9 36 LOCAL RULE 4002-1 Duties of the debtor A. Providing Payment Advices: 1. Trustee: Copies of all payment advices or other evidence of payment, received within sixty (60) days before the date of the filing of the petition by the debtor(s) from any employer of the debtor(s), shall not be filed with the Court, unless otherwise ordered, but with the case trustee. Interested Creditors: The debtor(s) shall also provide copies of payment advices to any creditor who 2. timely requests copies of the payment advices or other evidence of payment, at least seven (7) days prior to the meeting of creditors conducted pursuant to 11 U.S.C. § 341. To be considered timely, a creditor’s request must be received at least fourteen (14) days before the first date set for the meeting of creditors or any adjourned or continued meeting of creditors.

3. Noncompliance: The case trustee’s certification of non-compliance by the debtor(s) with Local Rule 4002-1(A)(1) to submit payment advices as required by § 521(a)(1)(B)(iv) will be sufficient for dismissal of the case pursuant to 11 U.S.C. § 521(i).

B. Failure to Provide Prepetition Tax Information: 1.

Trustee: Upon certification by the trustee that the debtor failed to comply with § 521(e)(2)(A)(i), the Clerk shall issue a notice to show cause to the debtor and debtor’s attorney why the case should not be dismissed. 2. Creditor: If the debtor failed to comply with § 521(e)(2)(A)(ii), upon motion by a creditor and after service of the motion by the creditor on the debtor and debtor’s attorney, and a hearing, the Court will determine whether to dismiss the case. Any motion to dismiss filed by a creditor must state with particularity that the creditor timely requested a copy of the tax return under FRBP 4002 (b)(4).

37 LOCAL RULE 4002-2 Change of Address The attorney of record or pro se debtor(s) shall notify the Clerk in writing of a change of mailing address or registered email address for the debtor(s) or debtor’s counsel. 38 LOCAL RULE 4002-3 Automatic Stay - Rental Deposits A. Form of Payment: Any deposit of rent made by or on behalf of a debtor, pursuant to 11 U.S.C. §362(l)(1)(B), must be in the form of a certified check or money order payable to the order of the lessor, and delivered to the Clerk of Court with the filing of the petition and certification made pursuant to 11 U.S.C. §362(l)(1)(A), along with a copy of the Writ of Possession or similar proceeding against a debtor. B. Duties of the Clerk: Upon receipt of a certified check or money order payable to the lessor, the clerk shall log the check or money order and send notice to the lessor setting forth his options to consent to receive the payment or object to the debtor’s certification. C. Duties of the Lessor: Within fourteen (14) days of the date of the clerk’s notice the lessor must either consent to receive the payment tendered by the debtor(s) or object to the debtor’s certification.

Failure to respond timely will signify acceptance of the debtor’s certification and the clerk is to forward tendered payment to the lessor. CODIFIES STANDING ORDER #7 39 LOCAL RULE 4004-1 Discharge in Chapter 13 Cases filed after October 16, 2005 A. Certification of Compliance with §1328: The debtor(s) shall file the "Debtor’s Certification of Compliance with 11 U.S.C. §1328" ( Local Form 4004-1A) within sixty (60) days of the date the Chapter 13 trustee files the notice of completion of plan payments. The failure to timely file this certification may result in the case being closed without the entry of a discharge order. B. Discharge Hearing: As soon as practicable after the filing of the debtor's certification, the court will send a notice to all creditors and other parties in interest giving them thirty (30) days to dispute the Chapter 13 trustee’s report of completion of plan payments or the debtor’s Certification of Compliance and request a hearing on the same.

If no request for a hearing is received within the aforementioned time limit, a discharge may be granted without further notice or hearing. 40 LOCAL RULE 4004-2 Discharge in Chapter 11 Individual Cases Filed After October 16, 2005 A. Certification of Compliance with §1141: A discharge will not be granted unless the debtor(s) timely file “Debtor’s Certification of Compliance with 11 U.S.C. §1141" (Local Form 4004-2A) upon completion of all payments under their plan. B. Discharge Hearing: As soon as practicable after the filing of the debtor(s)’ certification the court will set a discharge hearing pursuant to §1141(5)(C) and the Clerk will send notice to the debtor(s), debtor(s)’ attorney, and the United States Trustee. 41 LOCAL RULE 4006-1 Notice of Waiver of Discharge Any debtor(s) who receives an order of the Court approving a waiver of discharge pursuant to 11 U.S.C. §727(a)(10) will be required to give prompt notice to all creditors, equity security holders, the case trustee, and the United States Trustee.

42 LOCAL RULE 5003-1 Records Kept by the Clerk A. Authorization to Accept Electronic Filings: Effective upon the entry of the “Order Adopting Case Management/Electronic Case Filing” in the United States Bankruptcy Court for the Western District of Virginia, the Clerk of Court will accept documents filed electronically pursuant to Local Rule 5005-4. Effecting an electronic filing of a petition, pleading, order, decree, judgment or other document shall constitute entry of that filing on the docket maintained by the Clerk of Court. B. Cases Assigned To Electronic Filing System After Opening: In any case assigned to the Electronic Filing System after such case has been opened, any authorized User who has previously filed documents in paper form shall provide the Clerk, upon request and if reasonably available to the user, electronic copies of all such documents and shall file all subsequent documents in electronic format. C. Non-Electronically Filed Documents: Effective upon the entry of the “Order Adopting Case Management/Electronic Case Filing” in the United States Bankruptcy Court for the Western District of Virginia, any petition, pleading or other document which is filed in paper format shall be required to be filed with the Clerk in scannable format.

The Clerk shall scan each such petition, pleading, or other document so filed and convert the same into electronic format. The originals may be shredded or otherwise appropriately discarded by the Clerk after a period of ninety (90) days has elapsed from the date of their filing unless: (i) at the time of filing, the filing party requests in writing that such petition, pleading or other document be returned and provides to the Clerk a self-addressed envelope bearing the necessary postage; (ii) within such ninety (90) day period a duly authorized representative of the Office of the United States Trustee or the United States Attorney for this District requests that such petition, pleading or other document be turned over in which case the Clerk shall do so unless the item in question has already been returned to the filing party pursuant to (i) above; or (iii) the Court orders otherwise. 43 LOCAL RULE 5005-3 Filing Papers - Requirements of Form All pleadings and other papers offered for filing shall meet the following requirements of form: A. Legibility: Papers shall be plainly and legibly type-written, printed, or reproduced on one side of the paper only. B. Caption, Official Forms: The caption and form of all papers filed shall be in compliance with the Bankruptcy Rules, Official Forms, and Local Rules.

Each paper or set of papers filed shall bear the case number of the case to which it pertains. C. Size, Margins, etc: Papers, including attachments and exhibits, shall be of standard weight and letter (8 ½ by 11 inches) size, photo-reduced if necessary, with a top margin of not less than 1 ½ inches. All multi-page pleadings and documents shall be fastened into sets at the top. All papers presented for filing at the same time shall be arranged in case number order.

44 LOCAL RULE 5005-4 Electronic Filing of Petitions, Pleadings, Orders and Other Documents A. Authorization: Pursuant to FRBP 5005(a)(2), effective upon the entry of the “Order Adopting Case Management/Electronic Case Filing”in the United States Bankruptcy Court for the Western District of Virginia, petitions, pleadings, orders, and other documents may be filed, signed, or verified by electronic means which (1) are consistent with any technical standard which may be established or modified from time to time by the Judicial Conference of the United States, and (2) are permitted by and are in compliance with the Administrative Procedures authorized by the “Order Adopting Case Management/Electronic Case Filing”in the United States Bankruptcy Court for the Western District of Virginia, as amended from time to time and posted on the Court’s Internet website. Any attorney or other person using the Electronic Filing System pursuant to this authorization shall be referred to as a User. B. Responsibility and Effect: The electronic filing of a document by or on behalf of a User of the Electronic Case Filing System shall constitute the signature of such User for all purposes under the Bankruptcy Code and Rules, including specifically FRBP 9011. A User is responsible for any document filed by anyone authorized by such User to effect electronic filings by means of such User’s designated password.

Such a filing shall further constitute such User’s representation to the Court that the User is in possession of the paper original of such document duly signed (and, if applicable, under penalty of perjury) by all necessary parties prior to electronic filing of any document required under the Bankruptcy Code or Rules or this Court’s Local Rules to bear the signature(s) of the party(ies) on whose behalf the document is filed, including specifically, the bankruptcy petition, schedules and statement of affairs. The User shall produce the duly signed paper originals of any such documents filed electronically within fourteen (14) days after the making of any written request thereof by the case Trustee or the Office of the United States Trustee or as may be otherwise directed by the Court. C. Retention of Originals: The User shall retain the duly signed paper original of any document required under the preceding paragraph for a period of no less than three (3) years following such case’s dismissal or closing, unless otherwise ordered by the Court. D. Chapter 11 Cases: For Chapter 11 cases filed electronically, it will be the responsibility of the Debtor’s attorney to mail copies of all notices required to be sent to all creditors under the provisions of FRBP 2002(j).

E. Payment of Applicable Fees: Payment of any fee applicable to the filing of any document filed electronically and payment of any fees applicable to the use of the court’s electronic filing system, which are authorized or required by the Judicial Conference of the United States, shall be paid in such manner as may be provided for in the Administrative Procedures authorized by the “Order Adopting Case Management/Electronic Case Filing” in the United States Bankruptcy Court for the Western District of Virginia, as the same may be amended from time to time and posted on this Court’s Internet website. 45 Local Rule 5005-4, continued F. Tender of Orders by Counsel: Proposed orders tendered to the Court by counsel may be done electronically in such manner as may be authorized from time to time by the Administrative Procedures authorized by the “Order Adopting Case Management/Electronic Case Filing” in the United States Bankruptcy Court for the Western District of Virginia, as the same may be amended from time to time and posted on the Court’s Internet website. G. Electronic Entry of Orders: The electronic entry of orders by the Court is provided for in Local Rule 9072-1. H. Electronic Notice and Service: Electronic notice and service of petitions, pleadings and other documents are provided for in Local Rule 2002-1(D).

I. Exhibits: The electronic filing of exhibits is provided for in the Administrative Procedures authorized by the “Order Adopting Case Management/Electronic Case Filing” in the United States Bankruptcy Court for the Western District of Virginia. J. Privacy Protection: Any limitations on public access to documents filed electronically with this Court shall be provided for in the Administrative Procedures authorized by the “Order Adopting Case Management/Electronic Case Filing” in the United States Bankruptcy Court for the Western District of Virginia, as modified from time to time and posted on the Court’s Internet website, which order shall be subject to and in conformity with applicable provisions of statutory law and the Federal Rules of Bankruptcy Procedure. K. Disposition of Non-Electronically Filed Documents: The retention, return and destruction of petitions, pleadings or other documents filed physically with the Clerk are provided for in Local Rule 5003-1. L. Hyperlinks: Hyperlinks or other embedded links to commercial or personal internet sites will not be allowed in any electronic documents filed with the court.

46 LOCAL RULE 5071-1 Continuances Motions for continuance of a hearing date shall not be granted by the mere agreement of counsel. Any such motion must be approved by the Court and after notice to all counsel. No continuance will be granted other than for good cause shown and upon such terms as the Court may impose. 47 LOCAL RULE 5072-1 Courtroom Decorum Counsel shall at all times conduct and demean themselves with dignity and propriety.

When addressing the Court, counsel shall rise unless excused therefrom by the Court. All statements and communications to the Court shall be clearly and audibly made from a standing position at the attorney’s lectern facing the Court or the witness. Counsel shall not approach the bench unless requested to do so by the Court or unless permission is granted upon the request of counsel. 48 LOCAL RULE 5073-1 Photographing, Recording, Broadcasting, and Televising in the Courtroom and Environs In accordance with the Rules of the Judicial Conference of the United States, photography, electronic recording, vide