OBJECTIONS TO TRUSTEE’S FINAL REPORT AND ACCOUNT IN A CHAPTER 7 CASE

U.S. Bankruptcy Court for the Western District of New York

Rule Set: Local Bankruptcy Rules of the U.S. Bankruptcy Court for the Western District of New York

Rule: 9014-1

Jurisdiction: WDNYB

Bluebook Citation: Bankr. W.D.N.Y. R. 9014-1

All Rules: Bankr. W.D.N.Y. Local Bankruptcy Rules, complete index


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[Former Rule 37; Former Rule 13C] A. Parties to whom a summary of the trustee’s final report and account have been sent in a chapter 7 case pursuant to Rule 2002(f)(9) Fed.R.Bankr.P. may object to the final report and account by written objection filed with the Bankruptcy Clerk and served on the Office of the United States Trustee within fifteen (15) days of the date of the summary so sent. Unless the Court orders otherwise, no trustee shall distribute dividends unless and until said fifteen (15) days have elapsed without the filing of an objection. -21- WDNY LOCAL BANKRUPTCY RULES B. C. An objection to the trustee’s final report and account is a contested matter governed by Rule 9014 Fed.R.Bankr.P. If the summary of the final report and account is coupled with a notice of a hearing on allowances, an objection to the allowances sought may be made at or before the hearing. The party objecting shall serve a copy of the objection upon or give notice of an intention to object to the Office of the United States Trustee. Responses to written questions or demands, including answers to interrogatories, depositions upon written questions, letters interrogatory or a notice demanding admissions, shall set forth each question or demand verbatim with the party’s response set forth immediately thereafter.

Objections to interrogatories should set forth the question, the answer and the objection thereto. Objections to responses to interrogatories should set forth the question, the answer, and the objection thereto. An objection to a trustee’s final report and account is a contested matter governed by Rule 9014 Fed.R.Bankr.P. Parties to whom a summary of the trustee’s final report and account have been sent in a chapter 7 case pursuant to Rule 2002(f)(9) Fed.R.Bankr.P. may object to the final report and account by written objection filed with the Bankruptcy Clerk and served on the Office of the United States Trustee within fifteen (15) days of the date of the summary so sent. Unless the Court orders otherwise, no trustee shall distribute dividends unless and until said fifteen (15) days have elapsed without the filing of an objection.

If the summary of the final report and account is coupled with a notice of a hearing on allowances, an objection to the allowances sought may be made at or before the hearing. The party objecting shall serve a copy of the objection upon or give notice of an intention to object to the Office of the United States Trustee. Rule 9015. JURY TRIALS [Former Rule 31] A. B. APPLICABILITY OF CERTAIN FEDERAL RULES OF CIVIL PROCEDURE: RULES 38, 39 AND 47-51 Fed.R.Civ.P. and Rule 81(c) Fed.R.Civ.P. insofar as it applies to jury trials, apply in cases and proceedings, except that a demand made under Rule 38(b) Fed.R.Civ.P. shall be filed in accordance with Rule 5005 Fed.R.Bankr.P. CONSENT TO HAVE TRIAL CONDUCTED BY BANKRUPTCY JUDGE: If the right to a jury trial applies, a timely demand has been filed under Rule 38(b) Fed.R.Civ.P., and the Bankruptcy Judge has been specially designated to conduct the jury trial, the parties may consent to have a jury trial conducted by a Bankruptcy Judge under 38 USC § 157(e) by jointly or separately filing a statement of consent.

Rule 9022. JUDGMENTS AND ORDERS, NOTICE OF [Former Rule 14 E]

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