LBR 1007-3(A), (B) and (F) are repealed. LBR 1007-3(C),
U.S. Bankruptcy Court for the Eastern District of Virginia
U.S. Bankruptcy Court for the Eastern District of Virginia
(D), (E), (G) and (H) are re-designated LBR 1007-3(A), (B), (C), (D) and (E), respectively. The LBR citation at new (D) is deleted and the citation to the noted title 11 provision is inserted. In addition, time- computation adjustments have been made, as needed, to conform to a revision to the Federal Rules of Bankruptcy Procedure that takes effect December 1, 2009. Stylistic changes have been made to the LBR text as well. [Repeals and changes effective 12/01/09.] 1007-3(A) and (C).
These rule provisions are amended as a result of the holding in No v. Gorman, 891 F.3d 138 (4th Cir. 2018). [Changes effective 11/15/19.] 1007-3(A), (C) These rules are amended to remove language concerning the filing of a response; and to permit the Court to either excuse a debtor from a deficiency hearing or to cancel the hearing if appropriate in the event of an untimely cured deficiency. A stylistic change has been made to paragraph (C) as well. [Changes effective 08/01/23.] 1007-3(B) These amendments incorporate, from LBR 1007-3(C), the extension the Clerk is authorized to grant as a matter of course for filing the Statement of Intention, provided the motion is filed prior to the document’s initial due date. The rule is also amended to indicate that the extension date is calculated relative to the initial scheduled meeting of creditors.
The rule is further amended to clarify that no notice period need be given for a first motion to extend time, so long as the motion otherwise meets the paragraph’s requirements, to align the rule with simultaneous changes to Rules 1007-1, 3015-2 and 9013-1. [Changes effective 08/01/23.] 11 RULE 1014-2 DECLARATION OF DIVISIONAL VENUE 1007-3(D) The amendments to this paragraph clarify that a hearing is required on a motion to which LBR 1007-3(B) does not apply and the responsibility of the movant to schedule and give notice of such hearing in accordance with Rule 9013-1. The rule is further amended to clarify to whom notice must be sent. [Changes effective 08/01/23.] RULE 1009-1 AMENDMENTS TO LISTS & SCHEDULES (A) Filing of Amendment with Clerk: Each amendment shall be accompanied by a properly completed Amendment Cover Sheet. When an amendment adds creditors to a bankruptcy case, the amendment shall be accompanied by a list of the creditors so added. The list shall be in the format specified by the Clerk.
An Amendment Cover Sheet form and instructions for preparing the list of creditors added are available from the Clerk upon request. (B) Notice to Affected Parties: If the debtor adds creditors to the case by supplementing either the schedules or the list of creditors previously filed, the debtor shall serve upon each newly- listed creditor a copy of the following: (1) the amendment; (2) the meeting of creditors notice; (3) the order granting discharge (if any); (4) any other filed document affecting the rights of said creditor; and (5) the notice required by LBR 3003-1(B). (C) Adding Creditors in a Closed Case: [Repealed] Comments
Ask CiteLaw's AI Navigator anything about this local rule, verify citations, and research related authorities. Sign up for CiteLaw free today to get started.