NOTICE BY ELECTRONIC TRANSMISSION
U.S. Bankruptcy Court for the Western District of Oklahoma
U.S. Bankruptcy Court for the Western District of Oklahoma
Requesting and receiving a password from the Clerk to participate in the ECF System shall constitute a request and consent to receive service by electronic means pursuant to Bankruptcy Rule 9036.
Unrepresented parties can consent to receive electronic notice and service of all documents in a bankruptcy case or proceeding by completing and submitting a Request and Consent to Electronic Notice and Service of Documents (Local Form 9036-1.B). A form must be submitted for each bankruptcy case or proceeding in which electronic notice is sought. Consenting to electronic notice means the unrepresented party consents to no longer receiving notice or service of pleadings and documents through the U.S. Mail. 61 January 15, 2026 UN ITED STA TES B A KR UPTCY C O URT FOR TH E W ESTE RN DI STRI CT OF OKLAHOMA 2 15 Dean A. McGee Ave., Ste.
147, Oklahoma City, OK 73 102 APPENDIX A UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF OKLAHOMA GENERAL ORDER NO. 26-02 GUIDELINES FOR ELECTRONIC CASE FILING The Clerk of the Court for the United States Bankruptcy Court for the Western District of Oklahoma (Court) is hereby authorized to establish and promulgate Electronic Case Filing Guidelines (ECF Guidelines), including procedures for the registration of attorneys and for the distribution of logins and passwords to permit electronic filing and notice of pleadings and other Documents. ECF Guidelines shall be made available to the public in paper form at the Clerk’s office and by posting the ECF Guidelines on the Court’s web site, www.okwb.uscourts.gov. 1.
All cases and adversary proceedings filed or pending in the Court shall be, and by this order are, assigned to the Court’s Electronic Case Filing System (ECF System). The official file of the Court shall be the electronic file. Pleadings and Documents filed in paper format will be scanned and docketed in the ECF System and will be accessible only electronically. 2.
To become a Participant in the ECF System, applicants must register for a login and password from the Public Access to Court Electronic Records (PACER) Service Center (https://pacer.uscourts.gov/). A Registered Participant is an attorney admitted to practice in and in good standing with the Western District of Oklahoma or someone authorized by the Court (e.g., Subchapter V Trustees, those admitted pro hac vice) to file electronically in the ECF System. Pro se filers and bankruptcy petition preparers will not be Registered Participants unless permitted by the Court. Pro se filers may present paper pleadings or Documents for filing at the Clerk’s Office or by mail.
Pro se filers may submit Chapter 7 and 13 voluntary petitions electronically via the Electronic Self- Representation (eSR) Bankruptcy Petition Preparation System and pleadings or Documents in pending cases via the Court’s Electronic Document Submission System (EDSS). The Court Clerk will scan the paper Documents and submissions via EDSS and docket them in the ECF System. 1 D. A Limited Participant is an electronic filer authorized by the Court Clerk to file in the ECF System for specific purposes, including: i. ii. iii. iv. v. vi. Assignment/Transfer of Claim (Not Waived); Certificate of Service; Change of address; Notice of Appearance and Request for Notice; Notice of Claim Satisfaction; Notice of Debtors Request for Post-Petition Mortgage Payment Forbearance Due to COVID-19; Notice of Postpetition Mortgage Fees, Expenses, and Charges; Objection to Claim; Proof of Claim; Proof of Claim Attachment 3002(C)(7)(B); vii.
Notice of Lien; viii. Notice of Mortgage Payment Change; ix. x. xi. xii. xiii. Reaffirmation Agreement; xiv. Request for Payment of Taxes; xv. xvi.
Transfer of Claim by Claims Agent; xvii. Withdrawal of Claim; xviii. Withdrawal of Proof of Claim Attachment; xix. Withdrawal of Document; and xx.
Withdrawal of Mortgage Payment Document. Statement/Response to Notice of Final Cure Payment Rule 3002.1; 3.
After receiving the Participant’s request from PACER for access to the ECF System, the Clerk’s Office will process the Participant’s request. Requests may take up to twenty-four (24) hours to process. Only the Registered Participant or an employee of the Registered Participant may use the Registered Participant’s ECF login and password. The Registered Participant shall be responsible for any filings made using the Registered Participant’s login and password.
Only the Limited Participant may use the Limited Participant’s ECF login and password. The Limited Participant shall be responsible for any filings made using the Limited Participant’s login and password. If a Participant believes his or her login and/or password have been compromised, the Participant should change the password through PACER. E. A Registered Participant may withdraw from participation in the ECF System for 2 cause, only upon order of the Court.
A motion to withdraw from the use of ECF by a Registered Participant must be presented to the Chief Judge. If the motion is granted, the Court Clerk will immediately deactivate the Registered Participant’s password and delete the Registered Participant from all applicable electronic notice lists. F. A Limited Participant may withdraw from participation in the ECF System for cause, by email to [email protected]. If a Limited Participant changes employers, the Limited Participant shall be responsible for updating his or her contact information with PACER.
G. A Participant’s login and password shall be deactivated by the Court upon learning that the Participant has passed away. 4.
Documents submitted in electronic format must be signed consistent with the Federal Rules of Bankruptcy Procedure and Local Rules 1001-1.H.1, 1001-1.I, 9004-1.D, and 9004-1.E. 5.
All electronic Documents, except the text upload of the creditor matrix, must be submitted in Portable Document Format (PDF) that is searchable. Participants must designate a title for the pleading or Document by selecting the appropriate event contained in the ECF System. Documents are considered filed only when the submit button in ECF is activated. The electronic Document stamp, reflecting the date of filing, that appears on the filed Document and on the Notice of Electronic Filing (NEF) shall be the file stamp by the Court Clerk for all purposes.
The filing time is the time noted on the NEF. Participants who have appeared in a case or who have registered as an interested party will receive one free viewing of any Document filed in that case. Participants shall follow the preferred style practices attached to the ECF Guidelines as Appendix A-1 when electronic filing in the ECF System. 6.
When a Document is filed electronically, a NEF is automatically generated by the ECF System. The NEF is sent electronically to the attorney filing the document and to Participants appearing in the case in which the Document is filed. Transmission of a NEF to the registered email address of a Participant will constitute service. 3 B. Participants must maintain current contact information with the Court consistent with Local Rule 5005-1.C. The primary email address in the Participant’s PACER Account will be the address used for service.
The Participant may provide additional email addresses to which courtesy copies of ECF notices will be sent. Information regarding Updating Your Contact Information and Secondary Email Addresses is available on the Court’s website at www.okwb.uscourts.gov. 7.
With the exception of the following motions, all motions filed shall include only one request for relief: Motions for Relief from Stay and Abandonment; i. ii. Motions for Relief from Stay, Abandonment, or Adequate Protection; iii. Motions for Relief from Stay, Abandonment, and Relief from Co-Debtor Stay; iv. Motions for Relief from Stay, Abandonment, and Relief from Co-Debtor Stay or Adequate Protection; v. Motions to Annul the Stay and to Abandon; vi.
Motions to Modify Plans, Response and Requests for Compensation; vii. Motions to Suspend Plan Payments and Compensation; vii. Motions to Convert or Dismiss; viii. Motions to Convert or Dismiss or Appoint Trustee; ix.
Motion to Reopen and Enlarge Time to File Financial Management Certificate; Final Report and Account and Application for Final Decree; x. Motion to Sell and For Compensation; xi. xii. Motions (Chapter 11 First Day); and xiii. Other combination events as the Court may create. Filing parties must ensure that a proper “Event” has been selected for each request for relief filed electronically either through filing and docketing separately or through use of a permissible combined event in the ECF System.
Filing parties must contact Chambers for authorization to file a motion using the miscellaneous relief motion event. 8.
Attorneys and/or litigants shall ensure that addresses for creditors are correctly uploaded. A creditor included on the matrix without an address will not be provided notice by the Court Clerk until an amended matrix with the complete address is filed and necessary filing fees are paid by the debtor. The debtor, or the debtor’s attorney, shall provide notice or service to any party for whom no address is included on the matrix. B. Attorneys and/or litigants who enter an incorrect address for a creditor shall be notified when mail is returned.
If mail is returned to an attorney and/or litigant, the 4 attorney and/or litigant shall file a corrected notice within ten (10) days of receipt or shall file a corrected matrix with the Court that includes a notice from the Bankruptcy Noticing Center or the returned mail envelope from the U.S. Postal Service reflecting the new address or that an address cannot be ascertained. The creditors on the corrected matrix must also be uploaded to the ECF system by registered participants. Pro se debtors must use the matrix program provided on the Court’s website and/or accessible at the public kiosks in the Clerk’s Office. The uploaded creditors shall be formatted consistent with Local Rule 1007-1.C. C. The Court Clerk can reject a matrix that fails to comply with the requirements of Local Rule 1007-1.C. 9.
The Court’s electronic filing of orders, decrees, memoranda, opinions and judgments shall constitute entry on the Court’s docket for purposes of Rules 5003 and 9021 of the Federal Rules of Bankruptcy Procedure. Registered Participants submitting orders for Court approval must submit the orders in electronic format through the ECF System in accordance with the E-Orders Guidelines available on the Court’s website at www.okwb.uscourts.gov. Judges may sign orders manually, by electronic means permitted by Rule 5005 of the Federal Rules of Bankruptcy Procedure, or judges may use docket text orders. An order filed electronically without judicial signature or with a facsimile of a judge’s signature has the same force and effect as if the judge had affixed his or her signature to a paper copy of the order and entered the order manually on the docket.
The Court may issue certain orders as text only. Text orders will not include a separate Document signed by a judge. A text order has the same force and effect as if a judge had affixed his or her signature to a paper copy of the order and entered the order manually on the docket. The moving party shall be required to print the text order, to mail it to any party who did not receive electronic notice of the order and to docket a certificate of service reflecting mailing of the order.
10.
Consistent with Local Rule 1007-1.F, the Statement About Your Social Security Numbers, Official Form 121, shall be filed concurrently with the petition as a separate docket event and include the entire social security number and original handwritten signature of the debtor(s). It will not be available for viewing by the public. 11.
Any difficulty in accessing the ECF System and any other technical failure of the 5 ECF System should be reported to the Clerk’s Office immediately.
Participant whose filing is made untimely as the result of a technical failure may seek appropriate relief from the assigned judge. If no case is pending, relief may be sought from the Chief Judge. The Court shall determine whether a technical failure has occurred on a case-by-case basis. Filing deadlines shall not otherwise be altered based upon a technical failure.
If a filing cannot be timely filed as a result of a technical failure, the pleading or Document may be filed at the Clerk’s Office or, with prior permission, may be emailed to the Court Clerk by contacting the Clerk’s Office. 12. FILING ERRORS AND REVOCATION OF FILING PRIVILEGES A. B. C. D. Participants shall contact the Court Clerk by phone (405) 609-5700 or email [email protected] if a filing error is made and assistance is needed correcting it. If errors are found in filings, the Court Clerk may make a corrective entry describing the error and instructing the filer to correct it.
The Court may strike Documents if corrections are not made promptly. If errors are found in docketing, the Court Clerk may note the error and the correction made by the Court Clerk. The Court may revoke or deactivate the login and password of a Participant and/or impose sanctions against a Participant under any of the following conditions: i. ii. iii. iv. v. Misuse of the ECF System login and/or password; Failure to comply with the provisions in the Attorney’s Registration Form or Limited Participant’s Application; Failure to adequately secure and protect the Participant’s login and password; Failure to comply with the provisions of these Guidelines for Electronic Filing; Failure to maintain an email address capable of receiving emails and NEFs from the Court; vi. Return of undeliverable emails or NEFs sent from the Court to the Participant; vii.
Failure to pay filing fees for pleadings and Documents filed electronically; or viii. Repeated filing errors without adequate correction. E. The Court may also deactivate the login and password of a Participant upon learning that the Participant has passed away. 6 13.
These Guidelines for Electronic Case Filing take effect on January 15, 2026. Dated in Oklahoma City, Oklahoma, this I s-fh day of January, 2026. By the Court. Sarah A. Hall Chief Bankruptcy Judge 7 APPENDIX A-1 UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF OKLAHOMA STYLE GUIDE FOR ELECTRONIC CASE FILING This Style Guide contains the preferred style practices for all Participants of the Court’s Electronic Case Filing (ECF System) for the United States Bankruptcy Court for Western District of Oklahoma (Court).
Style consistency is the key to efficient searches in the ECF System since successful queries require very exact matches to search data including punctuation and abbreviations. 1.
When adding new parties to the ECF System, the information must conform to standard punctuation and spacing rules listed in this Style Guide.
Before adding any party to a case, make sure you do a thorough search of the ECF System for the party using various “search clues.” If the ECF System finds the correct party name with a search, select it to help minimize different versions of the same party name in the ECF System. Even something as simple as “United States” can cause ambiguity if everyone is entering it differently. For example, “UNITED STATES”, “U.S.”, “US”, “USA”, “U.S.A.”, or “U.S. of A.” B. SEARCH STRATEGIES The ECF System requires exact text matches. i. When searching for debtors, the more search clues you provide, the more likely you are to find the exact person. For example, if you search for the last name of Smith, the ECF System may return a list of quite a few parties with that last name.
However, if you search for the last name of Smith with the first name of Eugene, the ECF System may return a single party. ii. When searching for creditors, it may be necessary to conduct multiple searches. First, search for the creditor’s entire name (ex., “World Communications”). If that is not successful, you can search for more broadly on part of the creditor’s name (ex., “World Comm” or just “World”). iii.
When searching for a party, do NOT use an asterisk in the search criteria (ex., 8 Villa*). Using an asterisk will slow down the entire ECF System. C. ADDING DEBTORS i. Debtors must be added using the names and addresses as they appear on the petition or on the complaint. ii. If a debtor has a street address and a mailing address, the mailing address should be entered into the ECF System. iii.
If a debtor has a title, add the title in the Party Text box. When entered this way, the party text will appear on the docket report following the name and separated by a comma. iv. Information must be entered in the SSN box or the Tax ID box even if the social security number for an individual debtor or tax identification number for a business debtor is unknown. Use the following formats for unknown numbers: • SSN: • Tax ID: 000-00-0000 00-0000000 D. ADDING PLAINTIFFS AND DEFENDANTS i. Plaintiffs and defendants must be added using names as they appear on the complaint.
You may find the names when you search the database. If a name in the database is close to the one being added, accept the existing name in the database and correct the address, if necessary. ii. Do NOT add a title for plaintiffs or defendants. iii. If the complaint lists alias(es) for the plaintiff or defendant, add them separately using the Alias(es) button, do NOT add alias(es) as part of the last name. iv.
Select the Plaintiff or Defendant party role. E. ADDING CREDITORS i. Add creditors to cases using names existing in the ECF System where possible. ii. The same creditor may be added to many different cases. Ideally, only one 9 of each creditor should appear in the database.
For example, Ford Motor Credit Company may incorrectly be written as: • Ford Motor Credit Co. • Ford Motor Credit Corporation • Ford Motor Credit Company, Inc. • Ford Motor Company • Ford Motor Credit Corp. The name should be written as Ford Motor Credit Company in the ECF System. Having a long list of different names for the same creditor makes searching difficult and time consuming. iii. Do NOT add mailing addresses for creditors who have attorney representation. If a creditor is found in the ECF System with an address, delete the address fields before accepting the Party Information screen. iv.
Do NOT add a title for creditors. v. Select the Creditor party role. vi. Creditors added to the ECF System via the uploading of the creditor mailing list shall be formatted consistent with this Style Guide and Local Rule 1007-1.C. 2.
The following style conventions apply to all names entered in the ECF System. For additional information regarding adding debtors, plaintiffs, defendants, and creditors, see the above Sections 1.C, 1.D, and 1.E in this Style Guide. A. Use upper- and lower-case characters when entering names in the ECF System. Do NOT enter names in ALL capital letters.
Do NOT use periods; for example: Jr, Ltd, Co, Inc Examples: Wallace D Smith Jr United States Services Fidelity and Guaranty B. Use single spacing between all names and following initials. Do NOT use periods. Examples: J J Jones (Space between initials) Smith, Inc (Space between comma and Inc) 10 C. Do NOT insert spaces between names having upper- and lower-case letters or hyphens. Examples: Patricia DeVita (No space between De and Vita) Joseph O’Brien (No space after apostrophe) Brenda Trainer-Mills (No spaces around hyphen) D. E. F. G. H. Enter generations such as Jr, Sr, II, III in the generation field.
Do NOT use periods. If an individual does not have a middle name, leave the field blank. Do NOT insert NMI for “no middle initial.” If an individual has multiple names, such as David Santa Claus Curry, add the extra names in the Middle Name field. Curry Last Name: Middle Name: Santa Claus First Name: David Business names should be entered entirely in the Last Name field.
Do NOT use the First Name or Middle Name fields when entering a business name. Spell out the word “and” when used in party names. Do NOT use the ampersand sign (&) for “and.” S and J Co Price and Associates I. Avoid abbreviating unless the abbreviation is a part of the company name as reflected on the petition or pleading. Use Ford Motor Company First Federal Association Do NOT Use Ford Motor Co. 1st Federal Assoc.
3.
The following style conventions apply to all addresses entered in the ECF System.
The party name and address must not exceed five (5) lines. 11 B. C. The city, state, and zip code must be the only information entered on the fifth (5th) or last address line. Abbreviate post office boxes without a space between the P and the O. Do not use periods. PO Box 1350 PO Drawer 1954 D. Use numerals (not words) for numbers in addresses.
3224 E 26th St 425 6th St 1 Federal Way E. If a party, other than the debtor, has both a street address and a post office box address, only add the post office box address. James Johnson PO Box 1919 5000 Western Way Oklahoma City, OK 73118-7036 Do NOT enter this information. F. When necessary, use the second and/or third line of the address for building name, suite number, floor, firm name, or attention. Do NOT include symbols such as c/o, &, %, #, etc. Arthur Anderson and Associates John Hancock Bldg Ste 2600 8723 Michigan Ave Chicago, IL 60604 G. H. I. Use the full nine-digit zip code when possible.
Foreign addresses must have the full name of the post office and country of destination printed in capital letters. The country name or APO destination must be the only information on the bottom line of an address: HELENA L SAUNDERS 1010 CLEAR STREET OTTAWA ON K1A 0B1 CANADA 12 SGT WILLIAM SMITH UNIT 21103 BOX 512 APO AE 09014 J. The preferred format for telephone numbers is (405) 609-5700. Note the blank space between the area code and phone number. 4.
Street and Address Designations Below is a list of preferred street and address designators. Do NOT use periods after the designation. Use Apt Ave Bldg Blvd Ct Dr Expwy Frwy Hwy IH Ln Pkwy Pl Rd RR Sq St Instead of Apartment Avenue Building Boulevard Court Drive Expressway Freeway Highway Interstate Highway Lane Parkway Place Road Rural Route Square Street B. Geographic Directions Do NOT use periods after the direction. North South East West N S E W Northeast Southwest Southeast Northwest NE SW SE NW 13 C. States and Territories American Samoa California Colorado Connecticut AL Alabama AK Alaska AZ Arizona AR Arkansas AS CA CO CT DE Delaware DC District of Columbia FL Florida GA Georgia GU Guan HI ID IL IN IA KS LA ME Maine TT Marshall Islands MD Maryland MA Massachusetts MX Mexico MI Michigan TT Micronesia MS Mississippi MO Missouri Hawaii Idaho Illinois Indiana Iowa Kansas Louisiana MT Montana Nebraska NE Nevada NV New Hampshire NH New Jersey NJ New Mexico NM New York NY North Carolina NC North Dakota ND N. Mariana Islands CM Ohio OH Oklahoma OK Oregon OR Palau TT Pennsylvania PA Puerto Rico PR Rhode Island RI South Carolina SC South Dakota SD Tennessee TN Texas TX Utah UT Vermont VT Virginia VA VI Virgin Islands WA Washington WV West Virginia WI Wisconsin WY Wyoming 14 PROCEDURES IN CHAPTER 12 CASES September 1, 2024 UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF OKLAHOMA 215 Dean A. McGee Ave., Ste.
147, Oklahoma City, OK 73102 APPENDIX B UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF OKLAHOMA GENERAL ORDER NO. 24-05 PROCEDURES IN CHAPTER 12 CASES I. Scope of Rules. The provisions contained in this Order shall be applicable to all cases under Chapter 12 of the Bankruptcy Code. II. Motions to Value pursuant to 11 U.S.C. § 506.
Motions to value secured claims pursuant to 11 U.S.C. § 506 must be filed not later than twenty (20) days following the conclusion of the meeting of creditors conducted pursuant to 11 U.S.C. § 341(a). If no motion to value is timely filed in a case, the value of the debtor’s interest in an asset for purposes of confirmation of a Chapter 12 plan shall be the value assigned to such asset by the debtor in the Schedules unless otherwise agreed by the parties. Content of Motions; Notice of Opportunity for Hearing; Notice of Hearing. A motion to value shall include, at a minimum, the following: a detailed description of the property to be valued, the valuation asserted by the party, the basis therefor, and the actions taken by the party and/or its attorney to ascertain the basis for the value asserted.
Local Rule 9013-1 applies to a motion to value made pursuant to 11 U.S.C. § 506 and to any objections thereto. The motion shall include in the title “and Notice of Opportunity for Hearing and Notice of Hearing,” and immediately after the title shall contain the following statement: NOTICE OF OPPORTUNITY FOR HEARING Your rights may be affected. You should read this Document carefully and consult your attorney about your rights and the effect of this Document. If you do not want the Court to grant the motion, or you wish to have your views considered, you must file a written response to the motion with the Clerk of the United States Bankruptcy Court for the Western District of Oklahoma, 215 Dean A. McGee Avenue, Oklahoma City, OK 73102 no later than 14 days from the date of filing of the motion.
You should 1 also serve a file-stamped copy of the response to the undersigned [and others who are required to be served] and file a certificate of service with the Court. [Note - this is a flat fourteen (14) days regardless of manner of service.] NOTICE OF HEARING (TO BE HELD IF A RESPONSE IS FILED) Notice is hereby given that if a response to the _______________ is filed, the hearing on the matter will be held on ________ ___, 202__, at __:__ __.m. on the ____ floor courtroom of the United States Bankruptcy Court for the Western District of Oklahoma, 215 Dean A. McGee Avenue, Oklahoma City, Oklahoma 73102. If no response is timely filed and the Court grants the requested relief prior to the above-referenced hearing date, the hearing will be stricken from the docket of the Court.
It shall be the duty of the party filing a motion to value a secured claim to (i) notify the Courtroom Deputy Clerk of the appropriate Bankruptcy Judge of the need for a hearing pursuant to Bankruptcy Rule 3012(a) and (ii) give notice of the hearing to all interested parties. The hearing shall be no less than forty (40) days after the filing of the motion. Deadline for filing Objections. A response to a motion to value a secured claim must be filed within fourteen (14) days after the filing of the motion. [Note - this is a flat fourteen (14) days regardless of manner of service.] Content of Objections.
Objections shall contain, at a minimum, the valuation asserted by the objecting party, the basis therefor, and the actions taken by the party and/or its attorney to ascertain the basis for the value asserted. No Response. If a timely response to a motion to value secured claim is not filed and served within fourteen (14) days after the motion is filed, the party filing the motion shall upload a proposed order and shall notify the Court that the hearing on the motion to value secured claim may be stricken. Applicability of Local Rules 9007-1, 9013-1 and 9014-1.
Local Rules 9007-1, 9013-1 and 9014-1 apply to valuation motions and objections filed pursuant to 11 U.S.C. § 506. Appointment of Court Appraiser. The Court, in its discretion, may appoint an appraiser in any case where valuation of a secured claim is an issue. The 2 appointment shall be made pursuant to Rule 706, Fed. R. Evid., and the cost of the appraisal shall be paid as directed by the Court.
Confirmation of Chapter 12 Plans.
It shall be the duty of the debtor to promptly obtain from the Courtroom Deputy Clerk of the appropriate Bankruptcy Judge a date and time for conducting the hearing on confirmation of a Chapter 12 plan. Concurrently with the filing of a Chapter 12 plan, the debtor shall file and serve on all parties in interest a written notice of the confirmation hearing and the deadline for filing objections to the confirmation of the Chapter 12 plan in accordance with Bankruptcy Rule 2002 and file a certificate of service in compliance with Local Rule 9007-1.D. The hearing shall be no less than thirty (30) days and no more than (45) days after the filing of the Chapter 12 plan unless otherwise ordered by the Court for cause in accordance with 11 U.S.C. § 1224. Failure to timely obtain a confirmation hearing and timely file and serve written notice of the confirmation hearing shall result in the subject Chapter 12 plan being stricken. Deadline for filing Objections.
Any party in interest may object to confirmation of a Chapter 12 plan within twenty-one (21) days after the filing of the Chapter 12 plan [Note: -- this is a flat twenty-one (21) days regardless of the manner of service.] unless an order of the Court provides a different response time). Objections must be served on the debtor, the Standing Chapter 12 Trustee, and all other parties in interest, and the objecting party must file a certificate or affidavit of service in compliance with Local Rule 9007-1. Applicability of Local Rules 9007-1, 9013-1 and 9014-1. Local Rules 9007-1, 9013-1 and 9014-1 apply to objections to confirmation of Chapter 12 plans and the hearing on confirmation of Chapter 12 plans.
Chapter 12 Plan Confirmation Requirements. A Chapter 12 plan will be confirmed only if the plan provides a basis for determining whether the requirements of 11 U.S.C. § 1225 have been satisfied. The requirements of 11 U.S.C. § 1225(a)(4), (a)(5)(B) and (a)(6) may not be deemed to be satisfied if the Chapter 12 plan does not contain, at a minimum, the following: 1. 2.
3. A detailed statement of the debtor’s assets and liabilities; A cash flow projection for the year immediately following confirmation of the proposed plan, including, without limitation, statements identifying farm and non-farm income sources; Assumptions upon which the cash flow projection are based with historical or other data justifying the assumptions; 3 4. 5. 6.
7. 8. 9. A statement of non-farm income for the taxable year preceding the filing of the petition; A projection of administrative expenses, limitation attorneys' and trustee's fees; including without A schedule of all payments to be made under the plan, including the names and address for each creditor and the date and amount of each payment; The probable tax consequences of the proposed plan; An itemization of any secured property to be retained, the value of such property, the basis of the valuation and the amount of indebtedness the property secures; and A liquidation analysis and statement of the assumptions on which it is based.
IV.
Local Rules 4001-1, 9007-1, 9013-1 and 9014-1 apply to motions for relief from the automatic stay and objections filed thereto in Chapter 12 cases. Discharges in Chapter 12 Cases. Discharges in Chapter 12 cases will be granted only on motion after notice to the Standing Chapter 12 Trustee and all other parties in interest. Any motion seeking the discharge of a Chapter 12 debtor shall be accompanied by (i) a certificate of the Chapter 12 Standing Trustee that all payments required by the confirmed plan have been made and that the trustee's fees thereon have been paid or (ii) an affidavit of the debtors that the Standing Chapter 12 Trustee refused to issue such certificate and the reason therefor.
VI. Effective Date. These Procedures in Chapter 12 Cases take effect on September 1, 2024. Dated in Oklahoma City, Oklahoma, this 31 st day of July, 2024.
By the Court. ~ Chief Bankruptcy Judge 4 January 15, 2026 U !TED STATES BA KR UPTC Y COURT FOR THE WESTERN DISTRICT OF OKLAHOMA 2 15 Dean A. McGee Ave., Ste 147, Oklahoma City, OK 73102 APPENDIX C UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF OKLAHOMA GENERAL ORDER NO. 26-03 CHAPTER 13 GUIDELINES Table of Contents I. II.
IV.
1 IX.
2 3 I. Scope of Guidelines These Guidelines, in conjunction with the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, and the Local Rules of Bankruptcy Procedure, contain the rules and procedures for Chapter 13 practice in this Court, and are applicable to all Chapter 13 cases. In case of a conflict between these Guidelines and the Bankruptcy Code or these Guidelines and the Federal Rules of Bankruptcy Procedure, the Bankruptcy Code, or if applicable, the Federal Rules of Bankruptcy Procedure shall control. II. Filing of Pay Advices In addition to the schedules, statements, and Documents required to be filed by Fed. R. Bankr. P. 1007, all debtors must file Local Form 1007-1.D with copies of the debtors’ pay stubs, paychecks, and/or fixed income statements, if applicable, for the six months immediately prior to bankruptcy, or if applicable, copies of profit and loss statements for the two quarters immediately prior to bankruptcy within fourteen (14) days of filing the petition.
Filing of Plan The Court has adopted Local Form 3015-1, Chapter 13 Plan, as the local plan form required pursuant to Fed. R. Bankr. P. 3015.1. Local Form 3015-1 shall be filed as a separate document. Filing a certificate of service attesting to the date of mailing for the plan is required. IV.
Section 341 Meeting of Creditors and Confirmation Hearing A. Confirmation Hearings Concurrent with the Meeting of Creditors. The Court has determined it is in the best interest of creditors and Chapter 13 estates to confirm Chapter 13 Plans, and thereby commence payments to creditors, as early as is practicable. For these reasons, the Court has determined that at the conclusion of the Meeting of Creditors under 11 U.S.C. § 341, if there is no unresolved oral or written objection to confirmation, and no oral or written objection to confirmation at a date earlier than the date specified in 11 U.S.C. § 1324(b), the Trustee shall submit the confirmation order to the Court for entry. The confirmation order will be entered by the Court, unless the Court determines the matter should be set for further hearing.
B. Notice of Concurrent Meeting of Creditors and Confirmation Hearing. All notices of the Meeting of Creditors will include notice of an opportunity for hearing on confirmation and will provide the deadline for the filing of written objections to confirmation and to the concurrent confirmation hearing. The notice of the Meeting of Creditors shall also specifically provide that if there are no objections to confirmation or to the concurrent confirmation hearing confirmation, or if all objections are resolved at the conclusion of the Meeting of Creditors, the Trustee will submit the confirmation order to the Court for entry.
The deadline for objections to confirmation concurrently with the Meeting of Creditors is seven (7) days prior to the date set for the Meeting of Creditors. If any party objects to the concurrent confirmation hearing, the confirmation hearing will be continued no earlier than twenty (20) days and no later than forty-five (45) days after the date of the Meeting of Creditors. 4 D. Deadline for Objections to Confirmation. The deadline for the filing of written objections to confirmation is seven (7) days prior to the date set for the Meeting of Creditors, or no later than twenty-one (21) days from the date of filing of the plan, whichever is later.
Any party who has not filed a written objection to confirmation seven (7) days prior to the Meeting of Creditors, but desires to preserve its objection, may appear at the Meeting of Creditors and raise an oral objection. Any party raising an oral objection at the Meeting of Creditors must still file a written objection not less than seven (7) days after the Meeting of Creditors. If an oral objection is raised at the Meeting of Creditors, the confirmation hearing will be continued no earlier than twenty (20) days and no later than forty-five (45) days after the date of the Meeting of Creditors.
The Trustee may continue or adjourn the Meeting of Creditors by oral notice given at the Meeting of Creditors, without further written notice to creditors. Continuance of the Meeting of Creditors will necessarily include continuance of any pending confirmation issues, and the deadline to object to confirmation and/or to expedited confirmation will be extended to the date that is seven (7) business days prior to the continued Meeting of Creditors. In any case in which a written objection to confirmation or to expedited confirmation is pending, or in which an oral objection to confirmation or to expedited confirmation is raised at the Meeting of Creditors, and any objection is not resolved by the conclusion of the Meeting of Creditors, the Trustee shall request the case be set for a hearing on confirmation before the Court.
Whenever a hearing on confirmation is continued, the debtor(s) must be current in their payments at all future confirmation hearings, or the case may be recommended for dismissal.
The Court has adopted a standard confirmation order. The Court may amend the standard confirmation order from time to time as it deems appropriate. Any interlineations or changes to the standard confirmation order not approved by the Trustee require notice, a hearing, and approval of the Court to be effective.
Upon entry of the confirmation order, it shall be timely served by the debtor(s). The confirmation order shall be served upon all parties listed on the mailing matrix, all parties who have filed a request for notices, and the assistant United States Trustee, and a certificate of service shall be filed pursuant to Local Rule 9007-1.D. V. Mortgages A. Delinquent Mortgages Shall Be Paid through the Plan. All mortgages extending beyond the plan under which the debtor(s) is / are not current at the time the Chapter 13 petition is filed shall be paid through the Chapter 13 Plan. In addition, all mortgages that are subject to modification are to be paid through the Chapter 13 Plan and in full during the term of the plan.
5 B. First Postpetition Payments. For long-term mortgages paid under the terms of 11 U.S.C. § 1322(b)(5), the first ongoing mortgage payment that comes due before the first plan payment is required to be paid shall be set up by the Trustee as an additional arrearage claim and shall be paid at the same rate of interest as is paid on the pre-petition arrearage claim pursuant to the confirmation order. VI. Proofs of Claims A. Claim Required to Receive Distributions.
To receive disbursement from the Trustee, a creditor must file a proof of claim in the case. If the claim is secured, evidence of perfection of the security interest must be attached to the proof of claim. If post-petition interest is sought, the proof of claim must clearly and conspicuously state the rate of interest. The Trustee will pay post-petition interest as stated in the confirmation order.
If the debtor(s) is / are pro se, the creditor must serve a copy of the claim on the debtor(s) by U.S. Mail and file a certificate of service.
Claims filed in the case prior to the conversion are deemed filed in the Chapter 13 case.
Attorney Fees A. Effect of Ethics Rules. The Court’s establishment of a presumptive (“no-look”) fee in no way abrogates the attorney’s obligations under Oklahoma Rules of Professional Conduct, Rule 1.5 to only charge a reasonable fee.
All requests for fees or expenses by debtors’ attorneys shall be approved by the Court. Attorneys may be compensated by either accepting the Presumptive (“no-look”) Fee or by hourly billing. Attorneys seeking compensation by hourly billing shall file a fee application with time records in accordance with 11 U.S.C. § 330, Fed. R. Bankr. P. 2016, and Local Rule 2016-1.B. C. Disclosure Required. Pursuant to Fed. R. Bankr. P. 2016(b), debtors’ attorneys must disclose any monies paid to them from any source on behalf of the debtor(s).
Debtors’ attorneys are permitted to accept a reasonable retainer prior to the filing of the petition. Retainers shall be deposited in the attorney’s trust account and unearned retainers may not be withdrawn without an order from the Court. Unearned retainers are property of the bankruptcy estate.
Attorney’s fees for post-confirmation services shall be paid through the plan unless ordered otherwise. A debtors’ attorney shall not accept any payment for services or a retainer from the debtor(s), or from a third party, without first obtaining an order authorizing the fees and specifically permitting direct payment by the debtor(s). 6 F. Prevailing-party Attorney Fees. Attorney’s fees sought by prevailing parties in contested matters or adversary proceedings will be limited as the Court deems appropriate where the party initiating the matter or proceeding has not made reasonable attempts to resolve the matter without the necessity of instituting the contested matter or adversary proceeding.
The debtors’ attorney may be awarded a fee in the confirmation order up to $4,000, inclusive of any retainer received pre-petition, without the necessity of filing a fee application. In addition, attorneys may receive an additional $750 for motions to avoid lien filed preconfirmation. The attorney fee approved in the confirmation order constitutes compensation for fees and expenses incurred for all pre-confirmation services and nominal post-confirmation services. The attorney fee approved in the confirmation order shall be paid at a rate of up to $400 per month or fifty percent (50%) of the monthly plan payment, whichever is less.
Nominal post-confirmation services include, but are not limited to: 1. Answering clients’ general questions; 2. Corresponding with creditors and the Trustee; 3. Reviewing notices of claims filed; 4.
Reviewing annual reports; 5. Submitting monthly reports in business cases; 6. Filing financial management course certificates; 7. Filing Suggestions of Death; and 8.
Filing address change notices.
If requested in the pleading, an attorney fee of up to $750 may be allowed without filing a separate fee application for routine post- confirmation services. Routine post-confirmation services include, but are not limited to: 1. Responding to and resolving a motion filed by a party other than the debtor(s) whether by agreed order or modification; 2. Filing a motion to modify other than to resolve a motion filed by a party other than the debtor(s); 3.
Filing a motion to incur new debt; 4. Filing any other necessary motion; 5. Objecting to a proof of claim filed by a creditor; and 6. Filing a proof of claim on behalf of a creditor.
7 The fee constitutes compensation for services and expenses related to the matter and will be awarded upon completion of the matter. Unless the order awarding the fee states otherwise, the fee will be paid through the confirmed plan at the rate of up to $125 per month, beginning in the month following entry of the order awarding the fee. For fee purposes, the following are considered to be one post-confirmation service: 1. A motion to modify filed in response to a motion to dismiss or motion for relief from the automatic stay and/or co-debtor stay; 2.
Multiple objections to claims; 3. Multiple motions to avoid liens; and 4. Any multiple pleadings that are substantially similar and filed at the same time.
Orders dismissing or converting a case prior to confirmation may allow an attorney fee up to $2,000 without filing a separate fee application. This fee may consist of any pre-petition retainer paid by the debtor(s). Attorneys shall refund any unearned portion of the retainer. Funds held by the Trustee after payment of adequate protection payments and approved administrative expenses shall be returned to the debtor(s) under 11 U.S.C. § 1326(a)(2) unless ordered otherwise.
The Court cannot approve attorney fees for services in a Chapter 13 case after a case is dismissed or converted.
An attorney may accept from the debtor(s), without filing a separate fee application, an attorney fee of up to $1,000 for services necessary to convert the case from one under Chapter 13 to one under Chapter 7, 11, or 12. The attorney shall file a revised Official Form 2030. This fee constitutes compensation for fees and expenses relating to the conversion.
If, due to delay caused by neglect of the debtors’ attorney, the case is not ready for confirmation at the conclusion of the Meeting of Creditors or at the conclusion of any continued confirmation hearing, the Trustee may recommend that the attorney’s fee may be reduced. Adequate protection VIII. Unless ordered otherwise, adequate protection payments provided for in 11 U.S.C. § 1326(a) will be paid through the Trustee and will be paid in accordance with the following procedures: A. Paid Monthly. Adequate protection payments will be paid monthly.
Adequate protection payments will not be paid on a claim where the claim is secured by real property or is not attributable to the purchase of the personal property unless an order is entered by the Court after the filing of a motion. [Local Rules 9007-1, 9013-1, and 9014-1 apply to motions seeking adequate protection].
Adequate protection payments will be paid on a claim where the debt is attributable to the purchase of the personal property. 8 D. Priority. Adequate protection payments shall be paid prior to the payment of outstanding attorney fees. If there are insufficient funds on hand to pay all adequate protection payments owing to creditors as well as the fee to the Trustee, the Trustee will reduce the distribution to each creditor on a pro-rata basis.
Adequate protection will be calculated as 1-2% of the value of the vehicle, unless otherwise ordered by the Court.
Unless ordered otherwise, the Trustee shall make adequate protection payments in the amount identified in Section C.1. of the Chapter 13 Plan [Local Form 3015-1].
A creditor who opposes the adequate protection amount proposed by the debtor(s) must file a written objection. It is the responsibility of the creditor filing the objection to ensure the issue is heard in a timely manner and that any order addressing the adequate protection amount to be paid to the creditor is entered prior to any order of dismissal, notice of conversion, or order of conversion. If the order is not entered in a timely manner, the funds subject to the order may be paid to other parties. H. Adequate protection payments in dismissed and converted cases.
Adequate protection payments in dismissed and converted cases shall not be paid to any creditor that has not filed a proof of claim with proper verification of security attached or provided, within five (5) days of the filing of any order of dismissal, notice of conversion, or order of conversion. Additionally, no payment shall be made to a creditor in a confirmed case until a proof of claim has been filed.
Adequate protection will not be paid where the Chapter 13 Plan provides for the surrender of the collateral securing the debt. If a Chapter 13 Plan is amended to provide for the surrender of collateral that was to be paid through the plan under an earlier plan, adequate protection payments shall be paid only through the month in which the amended plan is filed. If the amended plan is confirmed, the confirmation order shall provide for the payment of the adequate protection amount due through and including the month in which the surrender was proposed.
Debtor(s) shall maintain full coverage insurance on all property serving as collateral for a claim or forming the basis of any liquidation value and shall provide proof of such insurance upon request by any interested party. IX. Property of the Estate A. Repossessed Vehicles. Any vehicle owned by debtor(s) that has been repossessed pre- petition but not yet retitled is presumptively property of the estate.
If the debtor(s) desires to have a repossessed vehicle returned, the debtor(s) must provide for the creditor’s claim in the plan. The Court strongly encourages debtors and creditors to reach an agreement for the return of repossessed vehicles without the necessity of filing a motion. 9 X. The Automatic Stay A. Relief from the Automatic Stay. Hearings on Motions for Relief from the Automatic Stay will be set on the Court’s regular motion docket and will only be set upon the timely request of the objecting party.
Hearings will be set within the requisite thirty (30) day period; however, the parties may agree to treat the first hearing date as a preliminary hearing and continue the motion for a final hearing. [Local Rules 4001-1, 9007-1, 9013-1, and 9014-1 apply to motions for relief from automatic stay].
The Trustee shall not cease payments on a secured claim upon entry of an order granting relief from the automatic stay or upon entry of an order declaring there is no stay in effect unless an order of the Court specifically provides for such cessation of payments. Once collateral has been repossessed and sold, the creditor shall promptly amend its secured claim to reflect the receipt of sales proceeds. In the event that the secured claim has been overpaid, the creditor shall promptly return such overpayment to the Trustee.
The Court is willing to enter orders declaring there is no stay in effect (a “comfort Order”) upon application by a party-in-interest attesting to the facts under which the applicant believes there is no stay in effect, unless the Court finds the application is without merit. If the application is filed by a secured creditor, the pleading must state whether the applicant believes its collateral is insured and the basis for its belief. Additionally, the application must be accompanied by proof that a security interest, if any, of the applicant has been properly perfected. Any order declaring the stay is not in effect must be promptly served by the applicant on the debtor(s), debtor’s counsel, and all other interested parties.
An application requesting a comfort order may not be filed if there is a pending motion to extend or impose the stay.
Unless provided otherwise, any order declaring the automatic stay is not in effect must specifically provide that no action based on the order may be taken for fourteen (14) days from the date the order is entered, except that collateral the applicant believes is uninsured may be repossessed. This 14-day period is to allow debtor(s) an opportunity to dispute the facts set forth in the application and to ask the Court to reconsider the entry of the order. This period will also allow the Trustee and other interested parties to request reconsideration for cause. XI.
Valuation A. Cramdown of Claims Secured by Real Property. Valuation of claims secured by real estate shall be accomplished by filing a motion to determine value. [Local Rules 9007-1, 9013-1, and 9014-1 apply to motions to determine value].
Valuation of claims secured only by personal property must be clearly and conspicuously indicated by checking the box in Paragraph 1 and in Paragraph 5.C.(2)(b) of the Chapter 13 Plan [Local Form 3015-1].
Plan Payments A. Automatic Payments Required. Debtors shall make monthly plan payments by an automatic means unless the Court permits otherwise.
Debtors that receive regular wages from employment shall make plan payment by either an Employer Wage Deduction pursuant to 11 U.S.C. § 1325(c) or via TFS E-Wage. Any order entered that authorizes the Trustee to institute a wage deduction will also provide that the Trustee may amend or terminate such wage deduction without further order of the Court.
Self-employed Debtors (independent contractors, 1099) and Debtors that only receive retirement or benefits (social security, VA disability, etc.) may make monthly plan payments by recurring payments via TFS ePay.
Debtors that desire to make their payments directly to the Trustee must file a motion and obtain the Court’s approval to make monthly payments by another means. E. Debtors’ Attorney’s Obligation to Assist Debtors to Set Up Payments. Debtors’ attorneys are expected to be familiar with various payment options and assist Debtors in setting up payments.
For cases filed prior to the effective date of these guidelines, if debtors who have not agreed to make payments by employer wage deduction fail to make a regular payment under a confirmed plan, the Trustee is authorized, pursuant to the Order Confirming Chapter 13 Plan, to implement the use of the employer wage deduction provision of 11 U.S.C. § 1325(c) without further notice, unless, prior to the default, the Trustee was advised in writing that the debtor(s) would prefer the Trustee move for dismissal of the case.
Plan Modifications A. Modification of Confirmed Plans. Modification of a confirmed Chapter 13 Plan shall be by motion in accordance with 11 U.S.C. § 1329. Parties shall not file a new plan. The motion must state the reason for the modification and the specific modifications proposed, including the effect upon distribution to each creditor class should the modification be approved.
Notice of the proposed modified plan is governed by Fed. R. Bankr. P. 3015(h) and Local Rules 2002-1, 9007-1, 9013-1, and 9014-1. If the motion is filed after the claims bar date, notice may be limited to the Chapter 13 Trustee, any party whose interest is affected by the modification, and creditors who have filed proofs of claim.
When a debtor(s) files a motion to modify a confirmed plan, debtor(s) shall also file Local Form 1007-1.D with copies of the debtors’ pay stubs, paychecks, and/or fixed income statements for the two months immediately prior to the motion, or if applicable, copies of profit and loss statements for the two quarters immediately prior to the motion, and amended Schedules I and J. If the required Documents are not filed, the Trustee may file an application requesting the Court to strike the motion.
Incurring New Debts A. Incurring New Debts Limited by the Confirmation Order. The Court’s confirmation order prohibits the debtor(s) from incurring any new debt, except for medical debt, without the prior approval of the Court.
Prior to filing a motion to incur a new debt, the debtor(s) and the Trustee shall confer on the necessity and reasonableness of the debt to be incurred.
The debtor(s) shall file a motion to obtain approval to incur a new debt or refinance an existing home loan. The debtors’ motion must include: 1. The debtor(s) has / have conferred with the Trustee concerning the request, and whether the Trustee concurs that the debt is necessary and reasonable; 2. The purpose of the new debt; 3.
The debtor(s) is / are current on plan payments; 4. Schedules I and J which must show debtor(s) has / have the ability to pay the plan payments, living expenses, and the new monthly loan payment; 5. The amount of the debt; and 6. Loan terms, if known. [Local Rules 9007-1, 9013-1, and 9014-1 apply to motions to incur a new debt].
Final Reports in Chapter 13 Cases Converted to Chapter 7 XV. In cases converted from Chapter 13 to Chapter 7, the Chapter 13 Trustee is not required to file and transmit a final report and account to the United States Trustee until all funds received in the case have been administered. In accordance with Fed. R. Bankr. P. 1019(e), the Court directs that in converted cases, the Chapter 13 Trustee shall file and transmit his final report and account as soon as is practicable following all checks clearing the Chapter 13 Trustee’s bank account.
Confirmation Docket Procedures A. Morning and Afternoon Confirmation Dockets. On Chapter 13 Docket Days, the Trustee conducts two confirmation dockets in the morning. Objections to confirmation that are not resolved or continued by the conclusion of the morning docket will be set over and heard by the Court on the afternoon docket. If an attorney is not present when called and has not obtained prior permission to appear late or be excused, the case will be set over to the afternoon docket.
All parties are required to make a good faith effort to resolve objections to confirmation prior to the hearing. Debtors' and creditors' attorneys must contact the Trustee's office sufficiently in advance of the confirmation hearing to resolve objections. C. Witness and Exhibit Lists for Contested Confirmation Hearings. Witness and Exhibit Lists shall be filed at least seven (7) days prior to the contested Confirmation Hearing.
12 D. Exhibit Binders for Contested Confirmation Hearings. Unless ordered otherwise, parties shall provide three (3) exhibit binders to the Court at least five (5) days before the hearing. Unless a party requests a physical exhibit binder prior to the contested confirmation hearing, exhibits shall be exchanged between the parties electronically at least five (5) days prior to the hearing.
Motion Docket Procedure A. Morning and Afternoon Motion Dockets. On Chapter 13 Docket Days, the Trustee conducts two motion dockets in the morning. Matters not resolved or continued by the conclusion of the morning docket will be held over and heard by Court on the afternoon docket. If an attorney is not present when called and has not obtained prior permission to appear late or be excused, the case will be set over to the afternoon docket.
All parties are required to make a good faith effort to resolve issues prior to the hearing. Parties shall submit proposed orders to the Trustee no later than 12 p.m. the day prior to the hearing.
Witness and Exhibit Lists shall be filed within seven (7) days after the expiration of the response period for the motion.
Unless ordered otherwise, the parties shall provide three (3) exhibit binders to the Court at least five (5) days before the hearing. Unless a party requests a physical exhibit binder at least ten (10) days prior to the hearing, exhibits shall be exchanged between the parties electronically at least five (5) days prior to the hearing.
These Chapter 13 Guidelines take effect on January 15, 2026. Effective Date Dated in Oklah
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