Emergency Orders.

U.S. Bankruptcy Court for the Middle District of Pennsylvania

Rule Set: Local Bankruptcy Rules of the U.S. Bankruptcy Court for the Middle District of Pennsylvania

Rule: 9075-1

Jurisdiction: MDPAB

Bluebook Citation: Bankr. M.D. Pa. R. 9075-1

All Rules: Bankr. M.D. Pa. Local Bankruptcy Rules, complete index


Text

(a) General Procedure. A party seeking emergency relief or an immediate hearing date must: (1) file a motion for expedited consideration that: (i) contains the phrase “Expedited Consideration” in the caption; (ii) attaches the underlying pleading for which emergency relief is sought as an exhibit; (iii) explains why expedited consideration is necessary; 64 (iv) (v) contains a certificate of service which, for each interested party that does not receive notice through the CM/ECF system, identifies the email address, facsimile number, or other form of notice where such interested party received a copy of the motion and exhibit; and contains a proposed order granting the motion for expedited consideration and stating how service of the order and underlying pleading will be accomplished on interested parties that are not CM/ECF filers; (2) immediately after the motion for expedited consideration has been filed, provide email notification of the motion to the chambers of the assigned judge; and (3) if the Court grants the motion for expedited consideration, immediately file the underlying pleading with the hearing date included. 65 APPENDIX 2016-1 PROJECT CATEGORIES ASSET ANALYSIS AND RECOVERY: Identification and review of potential assets including causes of action and non-litigation recoveries. ASSET DISPOSITION: Sales, leases (§365 matters), abandonment, and related transaction work.

BUSINESS OPERATIONS: Issues related to debtor-in-possession operating in chapter 11 such as employee, vendor, tenant issues, and other similar problems. CASE ADMINISTRATION: Coordination and compliance activities, including preparation of statement of financial affairs; schedules; list of contracts; United States trustee interim statements and operating reports; contacts with the United States trustee; general creditor inquiries. CLAIMS ADMINISTRATION AND OBJECTIONS: Specific claim inquiries; bar date motions; analyses, objections, and allowances of claims. EMPLOYEE BENEFITS/PENSIONS: Review issues such as severance, retention, 401K coverage, and continuance of pension plan.

FEE/EMPLOYMENT APPLICATIONS: Preparations of employment and fee applications for self or others; motions to establish interim procedures. FEE/EMPLOYMENT OBJECTIONS: Review of and objections to the employment and fee applications of others. FINANCING: Matters under 11 U.S.C. §§ 361, 363 and 364 including cash collateral and secured claims; loan document analysis. LITIGATION: There should be a separate category established for each matter (i.e., XYZ Litigation).

MEETINGS OF CREDITORS: Preparing for and attending the conference of creditors, the 11 U.S.C. § 341(a) meeting, and other creditors’ committee meetings. PLAN AND DISCLOSURE STATEMENT: Formulation, presentation, and confirmation; compliance with the plan confirmation order, related orders, and rules; disbursement and case closing activities, except those related to the allowance and objections to allowance of claims. RELIEF FROM STAY PROCEEDINGS: Matters relating to termination or continuation of automatic stay under 11 U.S.C. § 362. The following categories are generally more applicable to accountants and financial advisors, but may be used by all professionals as appropriate.

ACCOUNTING/AUDITING: Activities related to maintaining and auditing books of account, preparation of financial statements, and account analysis. 66 BUSINESS ANALYSIS: Preparation and review of company business plan; development and review of strategies; preparation and review of cash flow forecasts and feasibility studies. CORPORATE FINANCE: Review financial aspects of potential mergers, acquisitions, and disposition of company or subsidiaries. DATA ANALYSIS: Management information systems review, installation and analysis, construction, maintenance and reporting of significant case financial data, lease rejection, claims, etc. LITIGATION CONSULTING: Providing consulting and expert witness services relating to various bankruptcy matters such as insolvency, feasibility, avoiding actions, forensic accounting, etc. RECONSTRUCTION ACCOUNTING: Reconstructing books and records from past transactions and bringing accounting current.

TAX ISSUES: Analysis of tax issues and preparation of state and federal tax returns. VALUATION: Appraise or review appraisals of assets. 67

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