Reaffirmation Agreement

An agreement to reaffirm a debt in whole or in part must conform to Director’s Form 2400A/B ALT. [Effective April 15, 1997. Amended effective January 1, 2002; January 9, 2006; December 1, 2009; December 1, 2015; October 1, 2019; September 3, 2025.] 2025 Advisory Committee Notes Local Rule 4008-1 was retitled to better conform to Fed. R. Bankr. P. 4008(a). Subsection (a) was removed as unnecessary. Based on the filing with the court, the court will determine whether a hearing is necessary and schedule such hearing accordingly.

Subsection (b) was removed as duplicative of Fed. R. Bankr. P. 4008(a). Federal Rule of Bankruptcy Procedure 4008(a) requires that every reaffirmation agreement be accompanied by Official Form 427. Local Form 4008-1(a), or Local Form 4008-1 as it was titled on the Court’s website, was abrogated. Parties should use Director’s Form 2400A/B ALT instead.

34 Part V. Bankruptcy Courts and Clerks Rule 5005-1. [ABROGATED] [Effective April 15, 1997. Amended effective January 1, 2002; January 9, 2006; October 1, 2019. Abrogated effective September 4, 2024.] 2024 Advisory Committee Notes Local Rule 5005-1 was abrogated as follows. Subsection (a) was removed as duplicative of Fed. R. Bankr. P. 5005(a)(2)(A) which generally requires an entity represented by an attorney to file electronically.

For instructions on how to file electronically, including how to register as a Filing User, refer to the court’s website at www.mnb.uscourts.gov. See also Local Rule 9001-1(c) (defining “Filing User”). Subsection (b) was removed as unnecessary. Again, the clerk maintains instructions on the court’s website for how to register as a Filing User.

Subsection (c) was removed as duplicative of Fed. R. Bankr. P. 5005(a)(2)(B) which generally prohibits an individual not represented by an attorney from filing electronically. Subsection (d) was removed as unnecessary. ECF is now the accepted and required method for filing documents in accordance with the rules. See also Fed. R. Bankr. P. 5005(a)(2)(D) (“A paper filed electronically is a written paper for purposes of these rules, the Federal Rules of Civil Procedure made applicable by these rules, and § 107 of the Code.”).

Use of the “Inbox” is generally not permitted. To use the “Inbox,” a party must obtain permission from the judge’s courtroom deputy. The provision regarding filing before midnight was removed as duplicative of Fed. R. Bankr. P. 9006(a)(4)(A). Lastly, subsection (e) was removed because there is necessary processing time between the clerk’s office receiving a document (by mail or in person) and filing a document.

Rule 5009-1. [ABROGATED] [Effective May 1, 2014. Amended effective October 1, 2019. Abrogated effective September 4, 2024.] 2024 Advisory Committee Notes Local Rule 5009-1 was abrogated as the language of the rule now appears in amended Local Rule 6007-1. Instead of an application, a motion is required.

See generally Fed. R. Bankr. P. 9013 (requiring that a request for an order be made by motion). Rule 5010-1. [ABROGATED] [Effective April 15, 1997. Amended effective January 1, 2002; January 9, 2006; October 1, 2019. Abrogated effective September 4, 2024.] 2024 Advisory Committee Notes Local Rule 5010-1 was abrogated to ensure consistency with 11 U.S.C. § 350(b) and Fed. R. Bankr. P. 5010.

Subsections (a) and (b) were removed as 11 U.S.C. § 350(b) states the grounds for reopening a case, including to administer assets, to accord to relief to the debtor, or for other good cause. See also In re Johnson, 500 B.R. 594, 597 (Bankr. D. Minn. 2013) (“A motion to reopen a bankruptcy case should be granted only where there is a compelling 35 reason.”). The 1983 Advisory Committee Notes to Fed. R. Bankr. P. 5010 further state, “Although a case has been closed the court may sometimes act without reopening the case.

Under Rule 9024, clerical errors in judgments, orders, or other parts of the record or errors therein caused by oversight or omission may be corrected. A judgment determined to be non-dischargeable pursuant to Rule 4007 may be enforced after a case is closed by a writ of execution obtained pursuant to Rule 7069.” Subsection (c) was removed as Fed. R. Bankr. P. 5010 states “[a] case may be reopened on motion of the debtor or other party in interest . . . .” Finally, subsection (d) was removed as the Bankruptcy Court Miscellaneous Fee Schedule, available on www.uscourts.gov, lists several instances where the reopening fee must not be charged, such as: (1) to permit a party to file a complaint to obtain a determination under Fed. R. Bankr. P. 4007(b); (2) when a debtor alleges a violation of the terms of the discharge under 11 U.S.C. § 524; or (3) to redact a record already filed in the case under Fed. R. Bankr. P. 9037. The Bankruptcy Court Miscellaneous Fee Schedule further notes, “The court may waive this fee under appropriate circumstances or may defer payment of the fee from trustees pending discovery of additional assets. If payment is deferred, the fee should be waived if no additional assets are discovered.” Waiver is governed by 28 U.S.C. § 1930(f).