References in subparts (b) through (m) of this Local Rule to “motions”

should be construed as applying to “applications” to the extent context so requires. Requests for Relief. No request for relief (not otherwise governed by Fed. R. Bankr. P. 7001) may be made to the Court, except by written motion, by oral motion in open court or by certification of Delaware counsel. Letters from counsel or parties will not be considered, unless as otherwise directed by the applicable Judge.

Cases with Omnibus Hearing Dates. In any case in which future omnibus hearing dates have been scheduled pursuant to Local Rule 2002-1(a), all motions and applications and related papers will be heard only on such dates, unless otherwise ordered by the Court. In any case in which no omnibus hearing dates have been scheduled, a hearing date may be obtained by contacting the Court. Evidentiary Hearing.

All hearings on a contested matter will be an evidentiary hearing at which witnesses will be required to testify in person in Court with respect to any factual issue in dispute unless these Rules, the parties or the Court provides otherwise. Contents of Notice. Unless otherwise provided in these Rules or otherwise ordered by the Court, any notice of motion must, in substantial conformity with Local Form 106, provide: (i) The title of the motion in bold print; (ii) The date and time of the hearing on the motion; (iii) The date and time by which objections to the motion must be filed; (iv) (v) The names, addresses, and email addresses of the parties on whom any objection must be served; and A statement that the motion may be granted and an order entered without a hearing unless a timely objection is made. the parties served. All motions must be Form of Motion.

All motions must have attached thereto a notice conforming to Local Rule 9013-1(e), a proposed form of order specifying the exact relief to be granted, and a certificate of service showing the date of service, means of service and the names and addresses of form “[Motion/Application] of [Movant’s Name] for [Relief Requested]”. All motions filed pursuant to this Rule must contain a statement that the movant does or does not consent to the entry of final orders or judgments by the Court if it is determined that the Court, absent consent of the parties, cannot enter final orders or judgments consistent with Article III of the United States Constitution. If no such statement is included, the movant will have waived the right to contest the authority of the Court to enter final orders or judgments. titled the in 106 (g) (h) (i) (j) (k) Service of Motion and Notice. All motions must be served in accordance with Local Rule 2002-1(b).

Objections. Except for motions presented on an expedited basis, any objection to a motion must be made in writing. The title of the objection must conform to Local Rule 9004-1 and must include the objector’s name, the motion to which the objection relates and the docket number of the motion. The hearing date and time and the docket number of the related motion must be set forth in bold print in the caption below the case number.

All objections or other responses to a motion filed pursuant to this Rule must contain a statement that the filing party does or does not consent to the entry of final orders or judgments by the Court if it is determined that the Court, absent consent of the parties, cannot enter final orders or judgments consistent with Article III of the United States Constitution. If no such statement is included, the filing party must have waived the right to contest the authority of the Court to enter final orders or judgments. Certificate of No Objection. Delaware counsel for the movant may file a certificate of no objection (the “Certificate of No Objection” or “CNO”), substantially in the form of Local Form 107, stating that no objection has been filed or served on the movant 24 hours after the objection date has passed, counting time in accordance with Fed. R. Bankr. P. 9006(a)(2), with no objection having been filed or served.

By filing the CNO, Delaware counsel for the movant represents to the Court that the movant is unaware of any objection to the motion or application and that counsel has reviewed the Court’s docket and no objection appears thereon. A CNO and any related documents may be delivered immediately upon filing to the presiding Judge in accordance with chambers procedures. Upon receipt of the CNO, the Court may enter the order accompanying the motion or application without further notice or hearing and, once the order is entered, the hearing scheduled on the matter may be cancelled without further notice. In any cases in which a Notice of Agenda is required under Local Rule 9029-3 and the order is not yet entered at the time of the agenda’s filing, Delaware counsel for the debtor or foreign representative or trustee, as applicable, must submit to the Court the CNO and all related documents in a “CNO/CoC Binder” in accordance with Local Rule 9029-3.

Proposed Orders. When a proposed order is submitted to the Court for signature either under a CNO, a CoC, or otherwise, it shall (i) reference the related motion’s docket number in the caption; (ii) be paginated (and treated as if a separate document, i.e., starting with page 1, not a continuation of any CNO, COC or Motion, etc.); (iii) not contain a “stand- alone” signature page (including date); and (iv) be uploaded to CM/ECF in accordance with the Court’s instructions for “Uploading A Proposed Order for Signature”. Amendment of Order. Any request for amendment of an order entered by the Court must have attached the proposed amended order and a blacklined copy reflecting the changes.

Additionally, any request for amendment of an order entered by the Court must be made only as follows: (i) If the amendment is non-material, by certification of Delaware counsel that the amendment is not material and that all parties in interest have consented to the amendment; 107 (ii) By motion under this Local Rule; or (iii) By the filing of a stipulation to amend, signed by all interested parties. (l) Service of Order or Judgment. Service of an order or judgment must be made in accordance with Local Rule 9022- 1. (m) Motions Filed with the Petition in Chapter 11 Cases or Chapter 15 Cases.

(i) (ii) Definition. This Local Rule shall govern any motion for which the debtor (or in a chapter 15 case, the foreign representative) requests, with less than 7 days’ notice, a hearing or the entry of an order (whether interim or final) with such hearing to occur or such order to be entered within 21 days after the filing of the petition commencing such case. Scope of Relief Requested. Requests for relief under this subpart of Local Rule 9013-1 must be confined to matters of a genuinely emergent nature required to preserve the estate’s assets and to maintain ongoing business operations and such other matters as the Court may determine appropriate.

No motion seeking authority to pay prepetition obligations will be considered unless the motion and proposed order include the maximum amount sought to satisfy the prepetition obligations. (iii) Notice to the U.S. Trustee, Clerk and Certain Other Parties. Once a petition is filed and a Judge assigned, counsel for the debtor or foreign representative must deliver all applications and motions filed and sought to be heard on an emergent basis to the Judge in accordance with Local Rule 9029-3 and chambers procedures. The presiding Judge will contact counsel for the debtor, foreign representative, subchapter V trustee, and the United States Trustee to schedule a hearing on those applications and motions (“First Day Hearing”).

The debtor or foreign representative must serve (a) all motions and applications that the debtor, foreign representative, or subchapter V trustee asks be heard at the First Day Hearing (in substantially final form) upon the U.S. Trustee and (b) the agenda as required by Local Rule 9029-3 upon the subchapter V trustee, the United States Trustee, the creditors included on any list filed under Fed. R. Bankr. P. 1007(d) and any party directly affected by the relief sought in such applications and motions, at least 24 hours in advance of the First Day Hearing, unless otherwise ordered by the Court, and must file a certificate of service to that effect within 48 hours. A courtesy copy of the agenda must also be delivered to the presiding Judge in accordance with chambers procedures. Do not provide drafts of any petition or first day motion to the Clerk’s Office or the Court. The filed first day motions should be provided to chambers in the format (hard copy or electronic copy) requested by the presiding Judge.

(iv) Notice of Entry of Orders. Within 48 hours of the entry of an order entered under this Local Rule (“First Day Order”), the debtor or foreign representative must serve copies of all motions and applications filed with the Court as to which a First Day 108 Order has been entered, as well as all First Day Orders, on those parties referred to in Local Rule 9013-1(m)(iii), and such other entities as the Court may direct. (v) Reconsideration of Orders. Any party in interest may file a motion to reconsider any First Day Order, other than any order entered under 11 U.S.C. §§ 363 and 364 with respect to the use of cash collateral and/or approval of postpetition financing, within 28 days of the entry of such order, unless otherwise ordered by the Court.

Any such motion for reconsideration will be given expedited consideration by the Court. The burden of proof with respect to the appropriateness of the order subject to the motion for reconsideration remains with the debtor or foreign representative notwithstanding the entry of such order. 109 Rule 9018-1 Exhibits; Documents under Seal; Confidentiality. (a) (b) (c) Retention of Exhibits.

Exhibits admitted into evidence must be retained by the attorney or pro se party who offered them into evidence until the later of (i) the closing of the main bankruptcy case or (ii) the entry of a final, non-appealable order regarding any pending adversary proceeding, contested matter or pending appeal to which such exhibit relates, unless otherwise ordered by the Court. Access to Exhibits. Parties must make exhibits admitted into evidence (or copies thereof) available to any other party upon request to copy at such party’s expense, subject to any confidentiality, seal or other order or directive of the Court. Removal of Exhibits from Court.

Exhibits that are in the physical custody of the Clerk must be removed by the party responsible for the exhibits (i) if no appeal has been taken, at the expiration of the time for taking an appeal, or (ii) if an appeal has been taken, within 28 days after the record on appeal has been returned to the Clerk. Parties failing to comply with this Local Rule may be notified by the Clerk to remove their exhibits and, the Clerk may dispose of the exhibits upon failure to do so 28 days after such notification. (d) Documents under Seal. (i) (ii) (iii) Any filer seeking to file a document (a “Proposed Sealed Document”) under seal must file a motion requesting such relief (a “Sealing Motion”) no later than 3 business days after the filing of the Proposed Sealed Document.

The Proposed Sealed Document must be filed separately from the Sealing Motion as a restricted document in accordance with the Court’s CM/ECF procedures. The Sealing Motion must be accompanied by a separately filed proposed redacted version of the Proposed Sealed Document in a form suitable to appear on the Court’s public docket (the “Proposed Redacted Document”). If the Proposed Sealed Document is known by the filer to contain another entity’s confidential information then (i) prior to filing the Sealing Motion, the filer must attempt to confer in good faith with such other party in an effort to reach agreement concerning the extent of information that must remain sealed and (ii) the Sealing Motion must be accompanied by an averment of Delaware counsel that a reasonable effort has been made to reach agreement on what information must remain sealed or the basis for the moving party not making such effort. The filer of the Sealing Motion must use reasonable efforts to file a Proposed Redacted Document that leaves unredacted to the fullest extent possible those portions of the Proposed Sealed Document that the filer reasonably believes are not subject to confidentiality rights held or asserted by the filer or another party.

However, if the filer determines in good faith that the entire Proposed Sealed Document should be placed under seal, the filer of the Sealing Motion is excused from the obligation to file a Proposed Redacted Document pending further order of the Court. 110 (iv) (v) (vi) In the event the Court grants relief concerning a Sealing Motion that requires additional or different redactions, counsel for the movant must file a final form of the publicly viewable version of the Proposed Sealed Document (the “Final Redacted Document”) with the sealed portion(s) redacted consistent with the Court’s ruling within 1 business day after the Court’s ruling is issued. The Final Redacted Document must be filed and called Final Redacted Version of “[Final Redacted Document Title]”. In the event the Court denies the Sealing Motion, the Clerk will take such action as the Court may direct.

If a Sealing Motion is filed in connection with a motion or application or with an objection, reply or sur-reply related to any such motion or application, unless otherwise ordered by the Court, a motion to shorten notice is not required and the Court will consider the Sealing Motion at the applicable hearing date and any objections to the Sealing Motion may be presented at the hearing. (vii) Except with respect to redactions subject to Local Rule 9037-1 or as otherwise ordered by this Court, no document containing any redaction(s) made by a filer of a Proposed Sealed Document may be filed unless the filer has previously filed or simultaneously files an unredacted copy of the same under seal and follows all requirements of this subsection with respect to the same. (viii) Nothing in this Local Rule 9018-1(d) is intended to or shall modify any rights or obligations any entity has in connection with confidential information or information potentially subject to protection under section 107 of the Code. Order Authorizing Future Filing of Documents under Seal.

If an order has been signed granting a motion under Local Rule 9018-1(d) and authorizing the filing of future documents under seal, the related docket number of the applicable order must also be included on the cover sheet. Confidentiality. If any information or documents are designated confidential by the producing party at the time of production, disclosure must be limited to members and employees of the law firm representing the receiving party and such other persons as to which the parties agree until a confidentiality agreement has been agreed to by the parties or ordered by the Court. Such persons are under an obligation to keep such information and documents confidential and to use them only for purposes of the contested matter or the proceeding with respect to which they have been produced.

Additionally, parties may stipulate to the application of this Local Rule in connection with informal discovery conducted outside a contested matter or adversary proceeding (e.g., a statutory committee’s investigation of the validity, perfection or amount of a secured creditor’s prepetition lien), in which case the documents and information produced must be used only for the purpose defined by the parties’ stipulation. (e) (f) (g) Use of Sealed Documents. If a party intends to use a document which has been previously placed under seal at a hearing or in connection with briefing, a copy of the sealed document 111 (in an envelope and prominently marked “CHAMBERS COPY”) must be provided to the Court in the hearing binder delivered to Chambers in accordance with Local Rule 9029-3 or as otherwise required by the presiding Judge. After the hearing is concluded or the motion is decided, the Court will, at its discretion, destroy or return the Chambers copy of the sealed document to the sender.

(h) Approval of Confidentiality Agreements. In connection with any confidentiality agreement approved by order of the Court other than under a motion: (i) (ii) Any provision of such agreement or order that preauthorizes the filing of material under seal does not relieve a filer from the obligation to comply with the provisions of Local Rule 9018-1(d); and Any request to seal an exhibit or close the courtroom at a hearing or trial (or any objection thereto) will be considered by the Court in connection with such hearing or trial notwithstanding any contrary provision in such agreement or order. 112 Rule 9019-1 Certificate of Counsel. An objection or response to a motion, application, claim objection, or other pleadings may be resolved by submitting a revised or agreed form of order filed with a Certificate of Counsel (a “CoC”) consistent with the following requirements stated in this Local Rule.

An order submitted to chambers following a hearing must be accompanied by a CoC and uploaded to CM/ECF. The CoC procedure may also be utilized in other circumstances as the Court directs, including submitting a revised order following a hearing, an order approving a stipulation that does not require notice under Fed. R. Bankr. P. 9019, and an order setting omnibus hearings as provided for in Local Rule 2002-1(a)(i). (a) (b) (c) The CoC must be signed by Delaware counsel and attach a proposed revised or agreed form of order as an exhibit. A blackline showing any changes made to the original or any subsequently filed revised order must also be attached as an exhibit.

The CoC must state whether the revised or agreed form of order has been reviewed and approved by all the parties affected by the order. The CoC must be served on all affected parties. If there is an applicable objection deadline, the CoC may not be filed until 24 hours after that deadline. A CoC and any related documents may be delivered immediately upon filing to the presiding Judge in accordance with chambers procedures.

Upon receipt of the documents, the Court may enter the order without further notice or hearing and, once the order is entered, the hearing scheduled on the matter may be cancelled without further notice. In any cases in which a Notice of Agenda is required under Local Rule 9029-3 and the order is not yet entered at the time of the agenda’s filing, Delaware counsel for the debtor or foreign representative or trustee, as applicable, must submit to the Court the CoC and all related documents in the “CNO/CoC Binder” in accordance with Local Rule 9029-3. (d) Any stipulation or agreement submitted for approval must be accompanied by a proposed order for its approval. 113 Rule 9019-2 Mediator and Arbitrator Qualifications and Compensation.

(a) Register of Mediators and Arbitrators/ADR Program Administrator. The Clerk will establish and maintain a register of persons (the “Register of Mediators”) qualified under this Local Rule and designated by the Court to serve as mediators or arbitrators in the Mediation or Voluntary Arbitration Program. The Chief Bankruptcy Judge will appoint a Judge of this Court, the Clerk or a person qualified under this Local Rule who is a member in good standing of the Bar of the State of Delaware to serve as the Alternative Dispute Resolution (“ADR”) Program Administrator. Aided by a staff member of the Court, the ADR Program Administrator will receive applications for designation to the Register of Mediators, maintain the Register of Mediators, track and compile reports on the ADR Program and otherwise administer the program.

(b) Application and Certification. (i) Application. Each applicant must submit to the ADR Program Administrator a statement of professional qualifications, experience, training and other information demonstrating, in the applicant’s opinion, why the applicant should be designated to the Register of Mediators. The applicant must submit the statement substantially in compliance with Local Form 110A.

The statement must set forth whether the applicant has been removed from any professional organization, or has resigned from any professional organization while an investigation into allegations of professional misconduct was pending and the circumstances of such removal or resignation. This statement must constitute an application for designation to the ADR Program. Each applicant must certify that the applicant has completed appropriate mediation or arbitration training or has sufficient experience in the mediation or arbitration process and that he/she satisfies the qualifications set forth in 9019- 2(b)(ii). If requested by the Court, each applicant hereunder must agree to accept at least one pro bono appointment per year.

If after serving in a pro bono capacity insufficient matters exist to allow for compensation, credit for pro bono service will be carried into subsequent years in order to qualify the mediator or arbitrator to receive compensation for providing service as a mediator or arbitrator. In order to be eligible for appointment by the ADR Program Administrator, each applicant must meet the qualifications set forth in 9019- 2(b)(ii). (ii) Qualifications. (A) Attorney Applicants.

An attorney applicant must certify to the Court in the Application that the applicant: (1) (2) Is, and has been, a member in good standing of the bar of any state or of the District of Columbia for at least 5 years; Has served as a principal attorney of record in at least three bankruptcy cases (without regard to the party represented) from case commencement to conclusion or, if the case is still pending, to the date of the Application, or has served as the principal attorney of 114 record for any party in interest in at least 3 adversary proceedings or contested matters from commencement to conclusion or, if the case is still pending, to the date of the Application; and (3) Is willing to undertake to evaluate or mediate at least 1 matter each year, subject only to unavailability due to conflicts, or personal or professional commitments, on a pro bono basis. (B) Non-Attorney Applicants. A non-attorney applicant must certify to the Court in the Application that the applicant has been a member in good standing of the applicant’s particular profession for at least 5 years, and must submit a statement of professional qualifications, experience, training and other information demonstrating, in the applicant’s opinion, why the applicant should be appointed to the Register of Mediators. Non-attorney applicants must make the same certification required of attorney applicants contained in Local Rule 9019- 2(b)(ii)(A).

(iii) Court Certification. The Court in its sole and absolute determination on any reasonable basis shall grant or deny any application submitted under this Local Rule. If the Court grants the application, the applicant’s name will be added to the Register of Mediators, subject to removal under these Local Rules. (iv) Reaffirmation of Qualifications.

Each applicant accepted for designation to the Register of Mediators must reaffirm annually the continued existence and accuracy of the qualifications, statements and representations made in the application. The annual reaffirmation must be submitted to the ADR Program Administrator in conformity with Local Form 125 by March 31st of each year, and must include a certification of such mediator’s acceptance of, or availability to perform, one pro bono appointment for the prior calendar year, and whether the mediator has been selected or appointed as a mediator in a dispute within the preceding 3 calendar years for this Court. (c) Oath. Before serving as a mediator or arbitrator, each person designated as a mediator or arbitrator must take the following oath or affirmation: “I, […], do solemnly swear (or affirm) that I will faithfully and impartially discharge and perform all the duties incumbent upon me in the Mediation or Voluntary Arbitration Program of the United States Bankruptcy Court for the District of Delaware without respect to persons and will do so equally and with respect.” (d) Removal from Register of Mediators.

A person will be removed from the Register of Mediators (i) at the person’s request, (ii) by Court order entered on the sole and absolute determination of the Court, or (iii) by the ADR Program Administrator if the person (1) has failed to timely submit the annual reaffirmation as required in Local Rule 9019- 2(b)(iv), or (2) has not been selected or appointed as a mediator in a dispute for 3 consecutive calendar years. If removed from the Register of Mediators, the person will be eligible to file an application for reinstatement after the passage of one year from the date of removal. 115 (e) Appointment. (i) (ii) Selection.

Upon assignment of a matter to mediation or arbitration in accordance with these Local Rules and unless special circumstances exist as determined by the Court, the parties will select a mediator or arbitrator. If the parties fail to make such selection within the time as set by the Court, then the Court will appoint a mediator or arbitrator. A mediator or arbitrator will be selected from the Register of Mediators, unless the parties stipulate and agree to a mediator or arbitrator not on the Register of Mediators. Inability to Serve.

If the mediator or arbitrator is unable to or elects not to serve, he or she must file and serve on all parties, and on the ADR Program Administrator, within 14 days after receipt of notice of appointment, a notice of inability to accept the appointment. In such event, the parties must select an alternate mediator or arbitrator. (iii) Disqualification. (A) Disqualifying Events.

Any person selected as a mediator or arbitrator may be disqualified for bias or prejudice in the same manner that a Judge may be disqualified under 28 U.S.C. § 44. Any person selected as a mediator or arbitrator will be disqualified in any matter where 28 U.S.C. § 455 would require disqualification if that person were a Judge. (B) Disclosure. Promptly after receiving notice of appointment, the mediator or arbitrator must make an inquiry sufficient to determine whether there is a basis for disqualification under this Local Rule.

The inquiry shall include, but shall not be limited to, a search for conflicts of interest in the manner prescribed by the applicable rules of professional conduct for attorneys and by the applicable rules pertaining to the profession of the mediator or arbitrator. (C) Objection Based on Conflict of Interest. A party to the mediation or arbitration who believes that the assigned mediator or arbitrator has a conflict of interest must promptly bring the issue to the attention of the mediator or arbitrator, as applicable, and to the other parties. If the mediator or arbitrator does not withdraw, and the movant is dissatisfied with this decision, the issue must be brought to the attention of the ADR Program Administrator by the mediator, arbitrator or any of the parties.

If the movant is dissatisfied with the decision of the ADR Program Administrator, the issue will be brought to the Court’s attention by the ADR Program Administrator or any party. The Court shall take such action as it deems necessary or appropriate to resolve the alleged conflict of interest. (iv) Liability. Aside from proof of actual fraud or unethical conduct, there shall be no liability on the part of, and no cause of action shall arise against, any person who is appointed as a mediator or arbitrator under these Local Rules on account of any act 116 (f) or omission in the course and scope of such person’s duties as a mediator or arbitrator.

Compensation. A person will be eligible to be a paid mediator or arbitrator if that person has been admitted to the Register of Mediators maintained by the Court or otherwise has been appointed by the Court. Once eligible to serve as a mediator or arbitrator for compensation, which must be at reasonable rates, the mediator or arbitrator may require compensation and reimbursement of expenses as agreed by the parties; and such compensation and reimbursement of expenses will be paid without Court Order. If any party to the mediation or arbitration objects to the compensation or expenses required by the mediator or arbitrator, such dispute may be presented to the Court by the party or the mediator or arbitrator for disposition.

If the mediator or arbitrator consents to serve without compensation and at the conclusion of the first full day of the mediation conference or arbitration proceeding it is determined by the mediator or arbitrator and the parties that additional time will be both necessary and productive in order to complete the mediation or arbitration, then: (i) (ii) If the mediator or arbitrator consents to continue to serve without compensation, the parties may agree to continue the mediation conference or arbitration. If the mediator or arbitrator does not consent to continue to serve without compensation, the fees and expenses must be on such terms as are satisfactory to the mediator or arbitrator and the parties, subject to Court approval. Where the parties have agreed to pay such fees and expenses, the parties must share equally all such fees and expenses unless the parties agree to some other allocation. The Court may determine a different allocation, if the parties cannot agree to an allocation.

(iii) If the estate is to be charged with such expense, the mediator or arbitrator may be reimbursed for actual transportation expenses necessarily incurred in the performance of duties. Administrative Fee. The mediator or arbitrator must be entitled to an administrative fee of $250, payable upon his or her acceptance of the appointment, in every dispute referred to mediation, except a proceeding or matter in a consumer case. The administrative fee must be a credit against any fee actually paid to the mediator or arbitrator in such proceeding or matter.

Party Unable to Afford. If the Court determines that a party to a matter assigned to mediation or arbitration cannot afford to pay the fees and costs of the mediator or arbitrator, the Court may appoint a mediator or arbitrator to serve pro bono as to that party. (g) (h) 117 Rule 9019-3 Assignment of Disputes to Mediation or Voluntary Arbitration. (a) Stipulation of Parties.

Notwithstanding any provision of law to the contrary, the Court may refer a dispute pending before it to mediation and, upon consent of the parties, to arbitration. During a mediation, the parties may stipulate to allow the mediator, if qualified as an arbitrator, to hear and arbitrate the dispute. (b) Safeguards in Consent to Voluntary Arbitration. Matters may proceed to voluntary arbitration by consent where (i) Consent to arbitration is freely and knowingly obtained; and (ii) No party is prejudiced for refusing to participate in arbitration.

118 Rule 9019-4 Arbitration. (a) (b) (c) Referral to Arbitration under Fed. R. Bankr. P. 9019(c). The Court may allow the referral of a matter to final and binding arbitration under Fed. R. Bankr. P. 9019(c). Referral to Arbitration under 28 U.S.C. § 654.

The Court may allow the referral of an adversary proceeding to arbitration under 28 U.S.C. § 654. Arbitrator Qualifications and Appointment. In addition to fulfilling the qualifications of a mediator found in Local Rule 9019-2(b), a person qualifying as an arbitrator hereunder will be certified as an arbitrator through a qualifying program. An arbitrator must be appointed (and may be disqualified) in the same manner as in Local Rule 9019-2(e).

The arbitrator will be liable only to the extent provided in Local Rule 9019-2(e)(iv). (d) Powers of Arbitrator. (i) An arbitrator to whom an action is referred shall have the power, upon consent of the parties, to (A) Conduct arbitration hearings; (B) Administer oaths and affirmations; and (C) Make awards. (ii) The Fed. R. Civ. P. and the Fed. R. Bankr. P. apply to subpoenas for the attendance of witnesses and the production of documents at a voluntary arbitration hearing.

(e) Arbitration Award and Judgment. (i) (ii) Filing and Effect of Arbitration Award. An arbitration award made by an arbitrator, along with proof of service of such award on the other party by the prevailing party, must be filed with the Clerk promptly after the arbitration hearing is concluded. The Clerk must place under seal the contents of any arbitration award made hereunder and the contents will not be known to any Judge who might be assigned to the matter until the Court has entered a final judgment in the action or the action has otherwise terminated.

Entering Judgment of Arbitration Award. Arbitration awards will be entered as the judgment of the Court after the time has expired for requesting a determination de novo, with no such request having been filed. The judgment so entered will be subject to the same provisions of law and will have the same force and effect as a judgment of the Court, except that the judgment will not be subject to review in any other court by appeal or otherwise. 119 (f) Determination De Novo of Arbitration Awards.

(i) (ii) (iii) Time for Filing Demand. Within 30 days after the filing of an arbitration award under Local Rule 9019-4(e) with the Clerk, any party may file a written demand for a determination de novo with the Court. Action Restored to Court Docket. Upon a demand for determination de novo, the action will be restored to the docket of the Court and treated for all purposes as if it had not been referred to arbitration.

Exclusion of Evidence of Arbitration. The Court will not admit at the determination de novo any evidence that there has been an arbitration proceeding, the nature or amount of any award or any other matter concerning the conduct of the arbitration proceeding, unless (A) The evidence would otherwise be admissible in the Court under the Federal Rules of Evidence; or (B) The parties have otherwise stipulated. (g) This Local Rule shall not apply to arbitration under 9 U.S.C. § 3, if applicable. 120 Rule 9019-5 Mediation.

(a) (b) Types of Matters Subject to Mediation. The Court may assign to mediation any dispute arising in an adversary proceeding, contested matter or otherwise in a bankruptcy case. Except as may be otherwise ordered by the Court, all adversary proceedings filed in a business case will be referred to mandatory mediation, except an adversary proceeding in which (i) the U.S. Trustee is the plaintiff; (ii) one or both parties are pro se; or (iii) the plaintiff is seeking a preliminary injunction or temporary restraining order. Parties may also stipulate to mediation, subject to Court approval.

Effects of Mediation on Pending Matters. The assignment of a matter to mediation does not relieve the parties to that matter from complying with any other Court orders or applicable provisions of the Code, the Fed. R. Bankr. P. or these Local Rules. Unless otherwise ordered by the Court, the assignment to mediation does not delay or stay discovery, pretrial hearing dates or trial schedules. (c) The Mediation Process.

(i) (ii) (iii) Cost of Mediation. Unless otherwise ordered by the Court, or agreed by the parties, (1) in an adversary proceeding that includes a claim to avoid and recover any alleged avoidable transfer pursuant to 11 U.S.C. §§ 544, 547, 548 and/or 550, the bankruptcy estate (or if there is no bankruptcy estate, the plaintiff in the adversary proceeding) must pay the fees and costs of the mediator and (2) in all other matters, the fees and costs of the mediator must be shared equally by the parties. Time and Place of Mediation Conference. After consulting with all counsel and pro se parties, the mediator must schedule a time and place for the mediation conference that is acceptable to the parties and the mediator.

Failing agreement of the parties on the date and location for the mediation conference, the mediator must establish the time and place of the mediation conference on no less than 21 days’ written notice to all counsel and pro se parties. Submission Materials. Unless otherwise instructed by the mediator, not less than 7 days before the mediation conference, each party must submit directly to the mediator and serve on all counsel and pro se parties such materials (the “Submission”) in form and content as the mediator directs. Any instruction by the mediator regarding Submissions must be made at least 21 days in advance of a scheduled mediation conference.

Prior to the mediation conference, the mediator may talk with the participants to determine what materials would be helpful. The Submission must not be filed with the Court and the Court will not have access to the Submission. (iv) Attendance at Mediation Conference. (A) Persons Required to Attend.

Except as otherwise provided herein or excused by the Mediator upon a showing of hardship, which, for purposes of this subsection means serious or disabling illness to a party or party representative; death of an immediate family member of a party or party 121 representative; act of God; state or national emergency; or other circumstances of similar unforeseeable nature, the following persons must attend the mediation conference personally: (1) (2) (3) (4) Each party that is a natural person; If the party is not a natural person, including a governmental entity, a representative who is not the party’s attorney of record and who has full authority to negotiate and settle the matter on behalf of the party; If the party is a governmental entity that requires settlement approval by an elected official or legislative body, a representative who has authority to recommend a settlement to the elected official or legislative body; The attorney who has primary responsibility for each party’s case, including Delaware counsel if engaged at the time of mediation regardless of whether Delaware counsel has primary responsibility for a party, unless Delaware counsel requests to be and is excused from attendance by the mediator in advance of the mediation conference; and (5) Other interested parties, such as insurers or indemnitors or one or more of their representatives, whose presence is necessary for a full resolution of the matter assigned to mediation. (B) Failure to Attend. Willful failure to attend any mediation conference, and any other material violation of this Local Rule, must be reported to the Court by the mediator and may result in the imposition of sanctions by the Court. Any such report of the mediator must comply with the confidentiality requirement of Local Rule 9019-5(d).

(v) Mediation Conference Procedures. The mediator may establish procedures for the mediation conference. (vi) Settlement Prior to Mediation Conference. In the event the parties reach a settlement in principle after the matter has been assigned to mediation but prior to the mediation conference, the plaintiff must advise the mediator in writing within one (1) business day of the settlement in principle.

(d) Confidentiality of Mediation Proceedings. Confidentiality is necessary to the mediation process, and mediations are confidential under these Local Rules and to the fullest extent permissible under otherwise applicable law. The provisions of this Local Rule 9019-5(d) apply to all mediations occurring in cases, contested matters and adversary proceedings pending before the Court, whether such mediation is ordered or referred by the Court or voluntarily undertaken by the parties provided that such mediation is approved by the 122 Court. Without limiting the foregoing, except as may be otherwise ordered by the Court, the following provisions apply to any mediation under these rules: (i) F.R.E. 408.

To the fullest extent applicable, Rule 408 of the Federal Rules of Evidence (and any applicable federal or state statute, rule, common law or judicial precedent relating to the protection of settlement communications) applies to the mediation conference and any communications with the mediator related thereto. In addition to the limitations of admissibility of evidence under Federal Rule of Evidence 408, no person may rely on or introduce as evidence in connection with any arbitral, judicial or other proceeding, including any hearing held by this Court in connection with the referred matter, whether oral or written, (i) views expressed or suggestions made by a party with respect to a possible settlement of the dispute, including whether another party had or had not indicated a willingness to accept a proposal for settlement, (ii) proposals made or views expressed by the mediator, or (iii) admissions made by a party in the course of the mediation. (ii) Protection of Information Disclosed to the Mediator or During Mediation. Subject to subparagraph (iv) herein, the mediator and the participants in mediation are prohibited from divulging, outside of the mediation, any oral or written information disclosed by the parties or witnesses to or in the presence of the mediator, or between the parties during any mediation conference.

(iii) Confidential Submissions to the Mediator. Subject to subparagraph (iv) herein, any submission of information or documents to the mediator, including any Submission (as defined in Local Rule 9019-5(c)(iii , prepared by or on behalf of any participant in mediation and intended to be confidential are not subject to disclosure, regardless of whether such Submission is shared with other participants in the mediation during a mediation conference. (iv) (v) Information Otherwise Discoverable. Information, facts or documents otherwise discoverable or admissible in evidence do not become exempt from discovery or inadmissible in evidence merely by being disclosed or otherwise used in the mediation conference or in any Submission to the mediator.

Discovery from the Mediator. The mediator may not be compelled to disclose to the Court or to any person outside the mediation any records, reports, summaries, notes, communications, Submissions, recommendations made under subpart (e) of this Local Rule, or other documents received or made by or to the mediator while serving in such capacity. The mediator may not testify, be subpoenaed or compelled to testify regarding the mediation in connection with any arbitral, judicial or other proceeding. The mediator may not be a necessary party in any proceedings relating to the mediation.

Nothing contained in this paragraph shall prevent the mediator from reporting the status, but not the substance, of the mediation effort to the Court in writing, from filing a Certificate of Completion as required by Local Rule 9019- 5(f), or from otherwise complying with the obligations set forth in this Local Rule. 123 (vi) Protection of Confidential Information. Nothing in this subpart of Local Rule 9019¬5(d) is intended to or shall modify any rights or obligations any entity has in connection with confidential information or information potentially subject to protection under section 107 of the Code. (vii) Preservation of Privileges.

Notwithstanding Rule 502 of the Federal Rules of Evidence, the disclosure by a party of privileged information to the mediator does not waive or otherwise adversely affect the privileged nature of the information. (e) Recommendations by Mediator. The mediator is not required to prepare written comments or recommendations to the parties. Mediators may present a written settlement recommendation memorandum to attorneys or pro se litigants, but not to the Court.

(f) Post-Mediation Procedures. (i) Filings by the Parties. If a settlement is reached at a mediation, the plaintiff must file a Notice of Settlement or, where required, a motion and proposed order seeking Court approval of the settlement within 28 days after such settlement is reached. Within 60 days after the filing or the Notice of Settlement or the entry of an order approving the settlement, the parties must file a Stipulation of Dismissal dismissing the action on such terms as the parties may agree.

If the plaintiff fails to timely file the Stipulation of Dismissal, the Clerk’s Office will close the case. (ii) Mediator’s Certificate of Completion. No later than 14 days after the conclusion of the mediation conference or receipt of notice from the parties that the matter has settled prior to the mediation conference, unless the Court orders otherwise, the mediator must file with the Court a certificate in the form provided by the Court (“Certificate of Completion”) showing compliance or noncompliance with the mediation conference requirements of this Local Rule and whether or not a settlement has been reached. Regardless of the outcome of the mediation conference, the mediator must not provide the Court with any details of the substance of the conference.

(g) Withdrawal from Mediation. Any matter assigned to mediation under this Local Rule may be withdrawn from mediation by the Court at any time. (h) Termination of Mediation. Upon the filing of a mediator’s Certificate of Completion under Local Rule 9019-5(f)(ii) or the entry of an order withdrawing a matter from mediation under Local Rule 9019-5(g), the mediation will be deemed terminated and the mediator excused and relieved from further responsibilities in the matter without further order of the Court.

If the mediation conference does not result in a resolution of all of the disputes in the assigned matter, the matter will proceed to trial or hearing under the Court’s scheduling orders. (i) Modification of ADR Procedure. Any party seeking to deviate from, or propose procedures or obligations in addition to, the Local Rules governing ADR must file a motion with the Court for requested relief. 124 (j) Alternative Procedures for Certain Avoidance Proceedings.

This subsection applies to any adversary proceeding that only includes a claim to avoid and/or recover an alleged avoidable transfer pursuant to 11 U.S.C. §§ 544, 547, 548 and/or 550 (collectively, “Avoidance Claims”) from one or more defendants where the amount in controversy from any one defendant is equal to or less than $75,000. In any such proceeding, the defendant is entitled to request prompt mediation. On or within 28 days after the date that the Defendant’s response is due under the Summons, the Defendant may opt-in to the procedures provided under this subsection by filing with the Court on the docket of the adversary proceeding and serving on the Plaintiff, a certificate in the form of Local Form 118 (“Certificate”). The time period to file the Certificate is not extended by the parties’ agreement to extend the Defendant’s response deadline under the Summons.

If the Defendant files the Certificate under this Local Rule, the parties may agree to extend the Defendant’s response deadline to 14 days after the date the mediation is concluded by stipulation filed with the Court. Plaintiff must pay the fees and costs of the mediator. The mediator must be appointed subject to Local Rule 9019-2(e). Within 7 days after the filing of the Certificate, the parties shall file a stipulation of appointment of a mediator in the form as provided under Local Form 119, if not the court will assign a mediator.

The parties must participate in mediation in an effort to consensually resolve their disputes prior to further litigation. All claims under the avoidance proceeding must be mediated unless otherwise agreed by the parties. This Local Rule shall not apply to a proceeding in which the operative complaint includes claims in addition to Avoidance Claims. 125 Rule 9019-6 Other Alternative Dispute Resolution Procedures.

The parties may employ any other method of alternative dispute resolution. 126 Rule 9019-7 Notice of Court Annexed Alternative Dispute Resolution Program. The plaintiff, at the time of service of the complaint and summons under Local Rule 7004-1, must give notice of dispute resolution alternatives substantially in compliance with Local Form 110B. A certificate of service must be filed within 7 days of service of the notice.

127 Rule 9022-1 Service of Judgment or Order. Immediately upon the entry of a judgment or order, the Clerk will serve a notice of the entry of the judgment or order on Delaware counsel for the movant, via electronic means, as consented to by the movant. Registered CM/ECF users are deemed to have consented to service of the notice of the entry of orders or judgments via electronic means. If counsel for the movant is not a registered CM/ECF user, the Clerk will serve a copy of the judgment or order on Delaware counsel for the movant via first class mail.

Counsel for the movant must serve a copy of the judgment or order on all parties that contested the relief requested in the order and on other parties as the Court may direct and file a certificate of service to that effect within 48 hours. For any pro se movant or sua sponte order, the Clerk’s Office will serve a copy of the judgment or order via first class mail on all parties affected thereby and file a certificate of service to that effect, unless otherwise directed by the Court. 128 Rule 9027-1 Statements in Notice of Removal or Related Filings Regarding Consent to Entry of Order or Judgment in Core Proceeding. (a) (b) Reference is made to the requirement of Fed. R. Bankr. P. 9027(a)(1) that a notice of removal must contain a statement that upon removal of the claim or cause of action the party filing the notice does or does not consent to entry of final orders or judgments by the Court.

If no such statement is included, unless otherwise ordered by the Court, the party filing the notice of removal shall have waived the right to contest the authority of the Court to enter final orders or judgments. Reference is made to the requirement of Fed. R. Bankr. P. 9027(e) that any party who has filed a pleading in connection with the removed claim or cause of action, other than the party filing the notice of removal, must file a statement that the party does or does not consent to entry of final orders or judgments by the Court. If no such statement is included, unless otherwise ordered by the Court, the filing party shall have waived the right to contest the authority of the Court to enter final orders or judgments. 129 Rule 9029-2 Modalities and Guidelines for Communication and Cooperation Between Courts in Cross-Border Insolvency Matters.

The modalities and guidelines set forth at Part X of these Local Rules may apply in any case involving cross-border proceedings relating to insolvency or adjustment of debt opened in a foreign court. In order for the guidelines (the “Guidelines”) (whether in whole or in part and with or without modification) to be applicable in a particular case, the Court shall approve a protocol or enter an order, following an application by the parties or sua sponte by the Court. 130 Rule 9029-3 Hearing Agenda and Binders. In all chapter 7 asset cases, chapter 11 cases and chapter 15 cases, the counsel for the debtor, the statutory trustee, the foreign representative or the post-confirmation estate representative, as applicable, must file an agenda for each scheduled hearing in the case, in substantial conformity to Local Form 111 and meeting the requirements set forth in subsections (a)-(d).

Counsel for the debtor is responsible for submitting to the Court the agenda along with copies of all documents relevant to matters scheduled to be considered by the Court at such hearing in accordance with subsection (e). Absent compelling circumstances, only those items listed on an agenda and the relevant documents timely delivered to the Court will be considered. (a) General Requirements of Agenda. (i) (ii) Delaware counsel must file the agenda for a First Day Hearing immediately after obtaining the date and time from the presiding Judge.

Otherwise, Delaware counsel must file the agenda in the bankruptcy case and adversary proceeding, if applicable, on or before 12:00 p.m. prevailing Eastern Time 2 business days before the date of the hearing. Failure to file the agenda timely may subject counsel to a fine. Resolved or continued matters must be listed before unresolved uncontested and contested matters. Unless otherwise authorized by the Court, a matter may only be listed as continued if the movant and all parties with outstanding objections to the matter consent to the continuance.

Unresolved matters (and documents within each matter) must be listed in the order of docketing with corresponding docket numbers. (iii) If a hearing has been cancelled or rescheduled, the agenda should note the cancellation or rescheduling conspicuously. Counsel cannot cancel or reschedule a hearing without consent of the movant and all parties with outstanding objections, and the permission of the Judge’s courtroom deputy. (iv) Copies of the agenda must be served upon Delaware counsel who have entered an appearance in the case, as well as all other counsel with a direct interest in any matter on the agenda, substantially contemporaneous with the Court filing.

(b) Motions and Applications Listed on an Agenda. (i) (ii) (iii) General Information. For each motion, the agenda must provide the title, docket number and date filed. Supporting papers must be similarly listed.

Objection Information. For each motion, the agenda shall provide the objection deadline and any objections filed, and provide the docket number and the date filed, if available. Status Information. For each motion, the agenda must provide whether the matter is going forward, whether a continuance is requested (and any opposition to the continuance, if known), whether any or all objections have been resolved and any other pertinent status information, including whether the presentation of live witnesses is expected.

If the status of a matter listed on the agenda as going forward 131 changes (e.g., settled or continued), counsel is required to inform the Judge’s chambers immediately and file an amended agenda in accordance with subsection (d). (c) (d) Adversary Proceedings. When an adversary proceeding is scheduled, the agenda must indicate the adversary proceeding number in addition to the information required by Local Rule 9029-3(b). Amended Agenda.

When an amended agenda is necessary, the amended agenda must list matters that are listed in the original agenda, with added matters being listed last and all changes being made in bold print. (e) Delivery of Agenda and Hearing Materials to Court. (i) (ii) The agenda and any amended agenda, along with copies of all documents relevant to matters scheduled to be considered by the Court at such hearing, must be delivered to the presiding Judge’s chambers in accordance with chambers procedures substantially contemporaneous with filing except as otherwise required for Fee Application Binders and Claims Binders. For Judges requiring a hearing binder, the binder must contain the agenda and copies of all substantive documents necessary for the hearing (e.g., motions and responses).

Certificates or affidavits of service should not be included in the hearing binder unless adequacy of service is an issue to be considered by the Court. The binder should not contain documents related to continued or resolved matters. Resolved matters subject to CNOs and CoCs must be submitted in a separate “CNO/CoC Binder”. (iii) Hearings on Fee Applications.

A “Fee Application Binder” must be delivered to the Judge no later than 12:00 p.m. prevailing Eastern Time 2 weeks before the fee hearing date. All fee applications to be heard at the hearing must be in one separate hearing binder containing an index. The binder may be updated to provide for later- filed objections and/or responses. (iv) Claims Binders.

Local Rule 3007-1(d)(vi) governs claims binders required in connection with certain omnibus claims objections. (f) For additional requirements regarding the form and contents of agendas and binders, please refer to the “Quick Reference Guide to Agendas and Hearing Binders” located on the Court’s website. 132 Rule 9033-1 Transmittal to the District Court of Proposed Findings of Fact and Conclusions of Law. The Clerk will transmit to the District Court the proposed findings of fact and conclusions of law filed pursuant to Fed. R. Bankr. P. 9033 upon the expiration of time for filing objections and any response thereto.

133 Rule 9036-1 Electronic Transmission of Court Notices; Service on Registered CM/ECF Users; Use of Technology in the Courtroom. (a) (b) Court Notices. To eliminate redundant paper notices, all registered electronic filing participants will receive notices required to be sent by the Clerk via electronic transmission only. No notices from the Clerk’s Office will be sent in paper format to registered CM/ECF users, with the exception of the Notice of Meeting of Creditors, which will be sent in both paper and electronic format.

The electronic transmission of notices by the Clerk will be deemed complete upon transmission. See also Local Rule 5005-4. Service through the Court’s Electronic Filing System. Service will be made on registered CM/ECF users through the CM/ECF system and may be made on any person by other electronic means consented to in writing in accordance with Fed. R. Bankr. P. 9036.

Any service completed pursuant to the foregoing will be considered to be in compliance with the means of effectuating service under the Federal Rules of Bankruptcy Procedure and these Local Rules. This Local Rule does not apply to any pleading or other paper required to be served in accordance with Fed. R. Bankr. P. 7004 or as provided in Local Rule 5005- 4(c)(iii). In chapter 11 and chapter 15 cases, when service is completed through the CM/ECF system or by other electronic means that the person consented to in writing, a courtesy copy of the document also will be provided by email, other electronic form as provided under Local Rule 5005-4(c), or by hard copy via hand delivery, first class or other mail or delivery, to: (i) counsel for the debtor or the foreign representative (as applicable), counsel for the U.S. Trustee, counsel for any committee appointed pursuant to section 1102 of the Bankruptcy Code, and all parties whose rights are affected by the filing (but excluding parties only receiving service because such party filed a request for service of notices under Fed. R. Bankr. P. 2002(i , and, if the filing party is the debtor, foreign representative or any committee appointed pursuant to section 1102 of the Code, then the courtesy copy also will be delivered to all parties who file a request for service of notices under Fed. R. Bankr. P. 2002(i); and (ii) any other party as the Court may direct. Consistent with Local Rule 2002-1(c), lists of parties entitled to service may be obtained from the claims agent or debtor, as applicable.

Any courtesy copy delivered in accordance with this Local Rule is supplemental to service effectuated through the CM/ECF system or other electronic means permitted by this Local Rule 9036-1(b). (c) Use of Technology in the Courtroom. Unless otherwise authorized by the Court, parties intending to use technology in the Courtroom must give the Court notice by the time the agenda is due under Local Rule 9029-3. At that time, notice should also be sent via email to [email protected], and Operations personnel will respond to the notice promptly.

134 Rule 9037-1 Redaction of Personal Data Identifiers. (a) Responsibility for Redaction. The responsibility for redacting personal data identifiers (as defined in Fed. R. Bankr. P. 9037) rests solely with counsel, parties in interest and nonparties. The Clerk, or claims agent if one has been appointed, will not review each document for compliance with this Local Rule.

In the event the Clerk or the appointed claims agent discove