RULE 2004-1.

U.S. Bankruptcy Court for the Northern District of Oklahoma

Rule Set: Local Bankruptcy Rules of the U.S. Bankruptcy Court for the Northern District of Oklahoma

Rule: 9014-1

Jurisdiction: NDOKB

Bluebook Citation: Bankr. N.D. Okla. R. 9014-1

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


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DEPOSITIONS AND EXAMINATIONS A. A motion for an examination under Bankruptcy Rule 2004 may be ruled upon ex parte.

B. a motion or order.

An examination under Bankruptcy Rule 2004 may be taken by agreement without C. Before filing a motion for the examination of a person, including a debtor or a representative of the debtor, the party seeking to take the examination shall make a good faith effort to confer with the person to be examined, or such person’s counsel if that person is represented, to arrange for an agreeable date, time, and place for the examination. The motion shall indicate if an agreement has been reached on the date, time and place for the examination; otherwise, the motion shall disclose the efforts made to comply with this rule. 9 RULE 2014-1.

EMPLOYMENT OF PROFESSIONALS

An application for employment made pursuant to Bankruptcy Rule 2014 may be ruled upon ex parte by the entry of a Text-Only Order or may be set for hearing, at the discretion of the Court. A proposed order need not be submitted with such application. RULE 2015-1. TRUSTEES – GENERAL The duty of a Chapter 7 or Chapter 11 trustee or debtor-in-possession to file reports required by 11 U.S.C. §§ 704(a)(8) and 1106(a)(1) and Bankruptcy Rule 2015(a)(3) shall continue until the entry of a final decree, unless the Court directs otherwise.

RULE 2015-2. DEBTOR-IN-POSSESSION DUTIES A. In a Chapter 12 or Chapter 13 case, the debtor shall sign, and file verified reports and summaries of the business operations, including farming or fishing operations, if applicable, in the form required by the Court, trustee, or the United States Trustee. Within fourteen (14) days after the filing of the petition, the debtor must file a report and summary of business operations for the calendar month preceding the month in which the case is filed. The debtor shall file monthly reports on or before the 15th day of each succeeding month covering the operations for the preceding calendar month.

After confirmation of a Chapter 12 or 13 plan, the required reports shall be filed on a quarterly basis until completion of the plan term, unless the Court orders otherwise. B. In Chapter 12 and 13 cases, the debtor shall promptly furnish the trustee with copies of all federal and state tax returns and tax reports filed by the debtor while the case is pending. RULE 2016-1.

COMPENSATION OF PROFESSIONALS A.

The statement required by 11 U.S.C. § 329(a) and Bankruptcy Rule 2016(b) shall be filed with the petition, but the filing of the statement shall not be a requirement for the commencement of a case under any chapter of the Code. B. In Chapter 11 and Chapter 12 cases, attorneys and accountants shall deposit into a trust account all retainer funds received from the debtor pre-petition that had not been earned and applied pre-petition. No retainer funds shall be withdrawn without an order of the Court. C. All fee applications must comply with the United States Trustee’s Guidelines for Reviewing Applications for Compensation & Reimbursement of Expenses filed under 11 U.S.C. § 330.

The United States Trustee’s Guidelines are available on the Court’s website (http://www.oknb.uscourts.gov). 10 PART III CLAIMS AND DISTRIBUTION TO CREDITORS AND EQUITY INTEREST HOLDERS; PLANS RULE 3001-1.

TRANSFER OF CLAIM

When a claim is transferred pursuant to Bankruptcy Rule 3001(e)(2) or (e)(4), the notice of transfer of claim shall include a reference to the claim number of the original Proof of Claim for which the transferee shall be substituted for the transferor. RULE 3002-1.

FILING PROOF OF CLAIM

All proofs of claim or interest shall be filed electronically except for those filed by a creditor or interest holder not represented by counsel. See Local Rule 5005-1(A). Rule 3003-1 has been supplemented by General Order 10-GO-02 RULE 3003-1. FILING PROOF OF CLAIM IN CHAPTER 9 OR CHAPTER 11 In a Chapter 9 or 11 case, the debtor-in-possession or trustee, if one is appointed, shall file a request for order fixing time within which proofs of claim or interest must be filed and shall serve the order fixing the time within which to file proofs of claim or interest on the debtor, the trustee, all creditors, indenture trustees, equity security holders, and all persons requesting notice in the case.

See also Local Rule 2002-1(E). RULE 3004-1.

FILING PROOF OF CLAIM ON BEHALF OF A CREDITOR

If a debtor files a proof of claim on behalf of a creditor who has failed to file a proof of claim, the debtor shall provide to the trustee the creditor’s telephone number and full account number. RULE 3007-1. CLAIMS – OBJECTIONS A. Proofs of interest. Bankruptcy Rule 3007 also applies to objections to proofs of interest.

B. Objection to claim or interest.

The caption of an objection to a claim shall identify the claimant and claim number (e.g., Objection to Claim of ACME, Inc. (Claim No. 10 . The objecting party has the burden of overcoming the presumption afforded by Bankruptcy Rule 3001(f). Objections to claims shall be filed and served in compliance with Local Rule 9013-1(B). A notice of opportunity for hearing shall provide for a response time of thirty-three (33) days, which includes the three (3) days for mailing as prescribed by Bankruptcy Rule 9006(f).

C. Notice of Objections.

The objecting party must provide notice of an objection to the claimant, claimant’s counsel, debtor, debtor’s counsel, the trustee, and parties in interest that have requested notice. 11 RULE 3008-1. CLAIMS – RECONSIDERATION Bankruptcy Rule 3008 also applies to proofs of interest. RULE 3010-1.

DIVIDENDS – SMALL A. creditors. Chapter 12 and 13 trustees may distribute payments in amounts less than $15.00 to B. Upon satisfactory proof to the Chapter 12 or 13 trustee that a claim is fully satisfied, the payments that would have otherwise been made on that claim may be distributed by the trustee to holders of other allowed claims provided for by the confirmed plan without requiring modification of the plan. RULE 3011-1.

UNCLAIMED FUNDS A.

Disposition of Unclaimed Funds. Any person or entity, or the legal representative or agent of any person or entity, may make a claim for funds which are ordered to be paid to that person or entity from a bankruptcy estate but were not paid. A request for the release of unclaimed funds pursuant to 28 U.S.C. § 2042 shall be made by completing and filing an Application for Payment of Unclaimed Funds on Local Form 3011-1. A claimant entitled to such funds may obtain an order directing payment to the claimant upon full proof of the right to payment of such funds.

If no response or objection has been filed within fourteen (14) days from the date of filing of the application, an application which provides sufficient documentation to establish the identity of the claimant and the authority of the applicant to make a claim may be approved without a hearing. The Court may set a hearing and/or require such additional evidence before issuing an order granting the application and directing payment of such funds. All indications of fraud will be referred to the United States Attorney for the Northern District of Oklahoma.

B. Notice Required.

Such application shall be served by the claimant on the debtor and debtor’s counsel, if any, trustee, United States Trustee, United States Attorney for the Northern District of Oklahoma, and the original claimant and claimant’s counsel, if any, if the applicant is not the original creditor or claimant. RULE 3015-1. CHAPTER 13 – PLAN A. Chapter 13 Plan; Service and Use of Local Form. If a Chapter 13 plan is filed with the petition, the Clerk shall transmit copies of the plan along with the notices required by Bankruptcy Rule 2002(a)(1), (a)(9), and (b).

If the Chapter 13 plan is not filed with the petition, debtor or debtor’s counsel shall serve a copy of the plan on the debtor, the Chapter 13 trustee, the United States Trustee, all creditors, and parties in interest that have requested notice, and shall file a certificate of service thereof. Chapter 13 plans shall conform to Local Form 3015-1.

B. Valuation of Secured Claims; Lien Avoidance.

If the Chapter 13 plan includes a request in Part 3.2 to determine the amount of a secured claim under FRBP 3012(b), or a request in Part 3.5 to avoid a nonpossessory, nonpurchase-money security interest in exempt personal 12 property under 11 U.S.C. § 522(f)(1)(B), debtor or debtor’s counsel shall serve the plan on the holder of the secured claim consistent with service of process under FRBP 7004, and file a separate certificate of service thereof. See Local Rule 7004-1.

C. Executory Contracts.

If the Chapter 13 plan includes acceptance or rejection of executory contracts in Part 6.1, debtor or debtor’s counsel shall serve the plan on the other parties to the contract, and file a certificate of service thereof, unless such parties are already listed on the matrix.

D. Surrendering Property.

If the Chapter 13 plan includes surrender of property under Part 3.6, and the property secures a debt on which a non-debtor co-obligor is liable, debtor or debtor’s counsel shall serve the plan on the co-obligor and file a certificate of service thereof, unless the co-obligor is already listed on the matrix. RULE 3015-3. CHAPTER 13 - CONFIRMATION A. Certification of Payment of Domestic Support Obligations. Within fourteen (14) days before the date set for confirmation of a Chapter 12 or Chapter 13 plan, if the debtor is required by a judicial or administrative order, or by statute, to pay any domestic support obligation, the debtor shall file a verified statement on Local Form 3015-3 (Pre-Confirmation Certification), certifying that the debtor has paid all amounts that are required to be paid under such domestic support obligation in accordance with 11 U.S.C. § 1325(a).

If the debtor is not required to pay any amounts under a domestic support obligation, then the debtor shall file a verified statement on Local Form 3015-3 (Pre-Confirmation Certification) certifying that the debtor has no such obligations.

B. Certification Regarding Tax Returns.

Within fourteen (14) days before the date set for confirmation of a plan, the debtor shall file a verified statement on Local Form 3015-3, certifying that all applicable federal, state and local tax returns required by 11 U.S.C. §§ 1308 and 1325(a)(9) have been filed with the appropriate taxing authority. RULE 3018-1. BALLOTS – VOTING ON PLANS The person designated in a plan to receive ballots to accept or reject a plan shall file a tabulation of the ballots no later than five (5) days before the date set for hearing on confirmation of the plan. The tabulation shall include the numbers and percentages of acceptances and rejections of each impaired class, and whether each such impaired class is deemed to accept or reject the plan.

RULE 3020-1. CHAPTER 11 – CONFIRMATION The plan proponent shall have the original ballots present at the hearing on confirmation of a plan. The ballots may be introduced into evidence upon request of the Court or a party in interest. 13 RULE 3070-1.

CHAPTER 13 – PAYMENTS A. Chapter 13 plans shall state a total amount per month to be paid to the Chapter 13 trustee and shall state the length of the plan in months. B. The debtor shall commence making payments to the Chapter 13 trustee under a Chapter 13 plan within thirty (30) days after the date of the order for relief. All payments made by the debtor to the Chapter 13 trustee shall be made by certified or cashier’s check, money order or through an electronic payment system authorized by the trustee. Chapter 13 plan payments made by recipients of wage deduction orders or other payment orders may be made to the Chapter 13 trustee by check or through an electronic payment system authorized by the trustee.

If any entity tenders a plan payment check which is dishonored, the Chapter 13 trustee may require all future Chapter 13 plan payments from such entity to be made by certified or cashier’s check or money order. C. Cash will not be accepted by the Chapter 13 trustee from any entity as payment under a Chapter 13 plan. D. Unless otherwise agreed by the Chapter 13 trustee, Chapter 13 plan payments shall be made to the trustee under a wage deduction order or other payment order directed to an entity from whom the debtor receives income. The debtor shall submit a wage deduction order or payment order on Local Form 3070-1D to the trustee for approval and submission to the Court.

RULE 3070-2. CHAPTER 13 – ADEQUATE PROTECTION A. Each creditor entitled to adequate protection under 11 U.S.C. § 1326(a)(1)(C) shall be provided adequate protection by the Chapter 13 plan in the form of a lien on each pre- confirmation plan payment to the Chapter 13 trustee in the amount stated in the plan for such creditor. B. The Chapter 13 plan shall provide for equal monthly amounts to each creditor entitled to adequate protection, unless otherwise agreed by a creditor in a writing filed in the case. C. The Chapter 13 debtor shall not pay adequate protection payments directly to any creditor.

D. There shall be a presumption that only the creditors provided a lien on pre- confirmation plan payments by the plan are entitled to adequate protection under 11 U.S.C. § 1326(a)(1)(C). E. A creditor may file a written objection to the provision for adequate protection in the plan, however, the Chapter 13 plan shall control until otherwise ordered by the Court. F. The trustee shall hold all plan payments received (including the portion of the plan payments upon which a lien has been provided for under the plan) until confirmation of a plan, dismissal or conversion of the case. If a plan is confirmed, the trustee shall disburse all payments 14 held as provided in the confirmed plan.

If the case is dismissed or is converted to another chapter prior to confirmation of a plan, the adequate protection lien provided for in the plan shall attach to plan payments received by the trustee on or before the date of conversion or dismissal and the Chapter 13 trustee is authorized to disburse the funds to which the adequate protection lien has attached to the creditor entitled thereto (subject to paragraphs G and H below). G. If one or more amended plans are filed which contain different payment amounts for a creditor entitled to adequate protection and the case is either dismissed or converted to another chapter prior to confirmation of a plan, the lien shall attach to the highest payment amount stated in the plans for that creditor and that amount shall be paid to the creditor by the trustee. H. No adequate protection payments shall be paid to any creditor unless a secured proof of claim has been filed for that creditor. If a secured proof of claim has not been filed by or on behalf of a creditor entitled to adequate protection prior to the date of dismissal or conversion of the case to another chapter prior to confirmation of a plan, the adequate protection lien shall be extinguished and the trustee is hereby authorized to disburse the funds which otherwise would have been disbursed to that creditor to the debtor free and clear of any lien or interest of any creditor.

I. All adequate protection payments made by the Chapter 13 trustee shall be made in the ordinary course of Chapter 13 trusteeship business. J. The Chapter 13 trustee is allowed the trustee’s percentage fee as periodically fixed by the United States Attorney General, or his designee, under 28 U.S.C. § 586(e) upon disbursement of adequate protection payments. RULE 3071-1. CHAPTER 12 – PAYMENTS All payments to the Chapter 12 trustee shall be made by certified or cashier’s check or money order.

Neither personal checks nor cash will be accepted as payment under a Chapter 12 plan.

PART IV.

THE DEBTOR: DUTIES AND BENEFITS RULE 4001-1. AUTOMATIC STAY – RELIEF FROM A. Relief from the Automatic Stay of 11 U.S.C. § 362(a). A motion for relief from the automatic stay of 11 U.S.C. § 362(a) shall be clearly designated as such in the title of the pleading. Failure to do so may be deemed by the Court to be a waiver of the benefits of an expeditious hearing and automatic termination of the stay upon the conditions stated in 11 U.S.C. § 362(e).

15 B. Motions Seeking Relief in Addition to Relief from the Automatic Stay of 11 U.S.C. § 362(a) and Abandonment of Property. 1. Where a motion for relief from the automatic stay of 11 U.S.C. § 362(a) and abandonment of property includes a request for additional relief other than abandonment of property or adequate protection, such request shall constitute a waiver of the right to an expeditious hearing and automatic termination of the stay upon the conditions stated in 11 U.S.C. § 362(e) of the Code. 2.

If a motion for relief is combined with a request for abandonment, the motion shall be served on all creditors pursuant to Bankruptcy Rule 6007 unless an order limiting notice is entered by the Court. 3. If movant seeks a waiver of the 14-day stay under Bankruptcy Rule 4001(a)(3), such request must be clearly designated in the title of the pleading and must show cause why such waiver should be granted.

C. Notice of Motions Under Bankruptcy Rule 4001.

A motion filed under 11 U.S.C. §§ 362, 363(e), or 364 shall be served upon the debtor, debtor’s counsel, counsel for any official committee (or if no committee in a Chapter 11 case, upon the list of 20 largest unsecured creditors), trustee, the United States Trustee, any parties affected by the motion or having an interest in the property affected by the motion, and all parties in interest who have requested notice in the case.

D. Relief from the Codebtor Stay.

1. A motion for relief from the codebtor stay provided by 11 U.S.C. §§ 1201(a) or 1301(a) shall be designated as "Motion for Relief from Codebtor Stay." Failure to do so may be deemed a waiver of the benefit of automatic termination of the stay upon the conditions stated in 11 U.S.C. §§ 1201(d) or 1301(d). In a Chapter 13 case, the codebtor stay may also be terminated under certain circumstances in the Chapter 13 Plan. 2.

The motion shall be filed and served in compliance with Local Rule 9013- 1(B). A notice of opportunity for hearing shall provide for a response time of 14 days (which includes the 3 days for mailing as prescribed by Bankruptcy Rule 9006(f within which to object. 3. The motion shall be served upon the debtor, the debtor's counsel, trustee, any individual that is liable on the debt with the debtor (i.e., a codebtor), and all parties in interest who have requested notice in the case.

E. Discovery.

In connection with motions for relief from the automatic stay, the time within which responses to discovery requests are due is shortened from 30 to 12 days. Depositions may be taken after the expiration of seven (7) days after service of the motion for relief from the automatic stay. 16 F. Applicability of Local Rule 9013-1, 9014-1. Local Rules 9013-1 and 9014-1 apply to motions for relief from the automatic stay.

G. Confirmation that Automatic Stay is Terminated.

A request for an order under 11 U.S.C. § 362(j), confirming that the automatic stay has been terminated, may be made by application. An application pursuant to 11 U.S.C. § 362(j) shall provide the following information, as appropriate in the circumstances for each prior case: (1) if the prior filing was in this Court, the complete case caption, date of filing and date of dismissal; and/or (2) if the prior filing was in any other court, then, in addition to the requirements of (1), the movant shall also file relevant copies of all court records reflecting the information provided in subsection (1).

H. Continuation of the Automatic Stay.

A motion for continuation of the automatic stay under 11 U.S.C. § 362(c)(3)(B) shall be filed within seven (7) days of the filing of the petition. The debtor shall serve such motion on all creditors to be stayed, the United States Trustee, the trustee, counsel for any official committee (or if no committee in a Chapter 11 case, upon the list of 20 largest unsecured creditors), and all holders of liens on and interests in any property to be affected by the stay. Failure to comply with this rule may result in denial of the motion without further notice or a hearing. RULE 4002-1.

DEBTOR – DUTIES A. Failure to Appear at Meeting of Creditors. In a joint case when only one debtor spouse appears at the meeting of creditors, the non-appearing debtor may be dismissed from the case pursuant to a motion under Bankruptcy Rules 1017 and 2002(a). B. Duty to Provide Information about Domestic Support Obligations in Cases Under Chapters 7, 11, 12 and 13. Within fourteen (14) days after the filing of the schedules and statements under Bankruptcy Rule 1007(b)(1), an individual debtor in a case under Chapter 7, 11, 12 or 13 shall provide to the trustee on Local Form 4002-1B the following information regarding any domestic support obligations (as defined in 11 U.S.C. § 101(14A : (1) the name, address and telephone number of all domestic support obligation claimants and (2) the current name and address of the debtor’s employer.

The debtor shall notify the trustee of any changes in such information until the debtor’s discharge is granted or denied.

C. Filing of, and Access to, Income Tax Returns.

A party in interest may file and serve upon the debtor and debtor’s counsel a request, pursuant to 11 U.S.C. § 521(f), that an individual debtor in a case pending under Chapter 7, 11 or 13, file with the Clerk the debtor’s federal income tax returns. Within seven (7) days of the filing of the request, the debtor shall redact personal data identifiers, as specifically set forth in Local Rule 1007-1(H), and file such tax returns as a secure event in accordance with ECF Administrative Guide. A party in interest seeking access to a debtor’s tax information shall file a motion that includes: (i) a description of the movant’s status in the case, to allow the Court to ascertain whether the movant may properly be given access to the requested tax information; (ii) a description of the specific tax information sought; (iii) a statement indicating that the information cannot be obtained by the movant from any other source; and (iv) a statement showing a demonstrated need for the tax information. If the motion is granted, the requesting party shall pay the appropriate copying fees and provide to the 17 Clerk a stamped, self-addressed envelope or retrieve the permitted tax information in person from the Clerk.

TAX INFORMATION OBTAINED BY A PARTY IN INTEREST SHALL BE TREATED AS CONFIDENTIAL. SANCTIONS MAY BE IMPOSED FOR IMPROPER USE, DISCLOSURE OR DISSEMINATION OF SUCH TAX INFORMATION. RULE 4003-1.

LIEN AVOIDANCE

Unless lien avoidance is provided for in a Chapter 13 plan, a separate motion under Bankruptcy Rule 4003(d) shall be filed with respect to each creditor that holds a lien on exempt property that the debtor seeks to avoid pursuant to 11 U.S.C. § 522(f). Only nonpossessory, nonpurchase money liens on exempt personal property may be avoided in a Chapter 13 plan. Judicial liens must be avoided by filing a separate motion with respect to each such lien. RULE 4004-1.

DISCHARGE A.

Statement of Whether 11 U.S.C. § 522(q) is Applicable. Within twenty-one (21) days following the filing of a notice by an individual debtor in a Chapter 11 case or a trustee in a Chapter 12 or Chapter 13 case that the debtor has paid all payments due under the plan, or in conjunction with the filing of a motion for hardship discharge, the debtor shall file a statement on Local Form 4004-1(Certification and Request for Issuance of Discharge) indicating whether 11 U.S.C. § 522(q)(1) may be applicable to the debtor or if there is pending a proceeding in which the debtor may be found guilty of a felony of the kind described in 11 U.S.C. § 522(q)(1)(A) or liable for a debt of the kind described in 11 U.S.C. § 522(q)(1)(B). Such statement shall be served upon the trustee, if any, all creditors and all parties in interest who have requested notice, affording them fourteen (14) days, which includes the three (3) days for mailing as prescribed by Bankruptcy Rule 9006(f), from the date of the filing of the statement to object to the debtor’s discharge.

B. Certification of Payment of Domestic Support Obligations.

If the debtor in a Chapter 12 or 13 case is required by a judicial or administrative order, or by statute, to pay any domestic support obligation, the debtor shall file a verified statement certifying that the debtor has paid all amounts that are required to be paid under such domestic support obligation in accordance with 11 U.S.C. §§ 1228(a) or 1328(a) on Local Form 4004-1(Certification and Request for Issuance of Discharge). If the debtor is not required to pay any amounts under a domestic support obligation, then the debtor shall file a verified statement certifying that the debtor has no such obligations on Local Form 4004-1(Certification and Request for Issuance of Discharge). 1. The certification of payment of domestic support obligations shall be filed by the debtor not earlier than the date of the last payment made under the plan or the date of the filing of a motion for entry of discharge under 11 U.S.C. §§ 1228(b) or 1328(b).

2. If the certification of payment of domestic support obligations is not timely filed, the case may be closed without a discharge.

C. Debtors Ineligible for Discharge.

Debtors not eligible for a discharge need not file a Certification and Request for Issuance of Discharge. 18 RULE 4008-1.

REAFFIRMATION A.

All Reaffirmation Agreements shall substantially conform to the procedural form prescribed by the Administrative Office of the United States Courts, available on the Court’s website (http://www.oknb.uscourts.gov). PART V. COURTS AND CLERKS RULE 5003-1. CLERK - GENERAL A. Exhibits. Original exhibits introduced in any hearing and held by the Clerk may be disposed of by the Clerk: 1. after giving the party introducing the exhibits twenty-one (21) days’ notice to retrieve the exhibits, or 2. thirty (30) days after the case or proceeding is closed, without notice.

B. Stipulation to Custody of Exhibits by Counsel.

With the consent of the Court, parties participating in an evidentiary hearing may stipulate (1) that counsel for the party who introduces exhibits into evidence at the hearing may maintain custody of the original exhibits; (2) that counsel maintaining custody of the original exhibits shall insure the integrity and availability of the exhibits until ninety (90) days after the case or adversary proceeding is closed; and (3) that counsel maintaining custody of the original exhibits shall tender them to the Clerk in their original form in the event that such exhibits are designated as part of the record on appeal, or in the event that counsel can no longer maintain custody, integrity, or availability of the exhibits (i.e., change in location, retirement from practice, etc.). A written stipulation shall be signed by counsel for all parties participating in the hearing, approved by the Court, and filed in the case or adversary proceeding. A list of all exhibits offered by each party participating in the hearing shall be attached to the stipulation prior to filing.

C. Official Mailing List.

The Clerk shall maintain, and update as necessary, the Official Mailing List for each bankruptcy case which shall include: (1) the name and address of the debtor, the debtor’s counsel, the trustee, the United States Trustee, and any members of any official committee appointed in the case, and its counsel; (2) the names and addresses of all persons or entities on the Creditor List as it may be amended (see Local Rule 1007-1(D ; (3) the names and addresses of all persons or entities on the Equity Security Holders List as it may be amended (see Local Rule 1007-1(D , if applicable; (4) the name and address of all persons or entities who file an entry of appearance and request for notice in the case; (5) the name and address of creditors who file a Proof of Claim in the case; and (6) the name and address of interest holders who file a Proof of Interest in the case. This listing shall be known as the Official Mailing List.

D. Redaction of Transcripts.

In compliance with the policy of the Judicial Conference of the United States on electronic availability of transcripts of court proceedings, during the first ninety (90) days after filing, a transcript will be available via the PACER system 19 for remote access only to parties in the case or adversary proceeding who have paid the transcriber for the transcript. Other parties who wish to view a transcript may do so at the Office of the Clerk. During the initial ninety-day period, the transcript will not be available for printing, copying, or saving in full or in part at the Office of the Clerk. After the expiration of ninety days, the transcript will be available via the PACER system for remote access.

It is the responsibility of the parties to monitor the docket for the filing of transcripts and to follow the Court’s Transcript Policy and Procedure regarding reviewing and redacting transcripts. RULE 5005-1.

FILING REQUIREMENTS A.

Electronic Filing. All documents submitted to the Clerk for filing, regardless of where or when the case or proceeding was originally commenced, shall be filed electronically pursuant to these Local Rules and the ECF Administrative Guide. The foregoing shall not apply to: (1) documents filed by a pro se party; (2) proofs of claim or interest filed by the claimant or interest holder; or (3) reaffirmation agreements if neither party to the agreement is represented by counsel. See also Local Rule 3002-1(A).

If paper documents are filed, the Clerk shall scan and upload the images to the ECF System. Documents described in subsection (2) and (3) above may be filed electronically. The electronic filing of a pleading or other paper in accordance with these Local Rules and the ECF Administrative Guide shall constitute entry of that pleading or other paper on the docket kept by the Clerk under Bankruptcy Rule 5003.

B. Filing Fee.

Any document presented for filing without proper provision for payment of the filing fee may not be accepted for filing by the Clerk.

C. Registration.

Each attorney must register with the Court in accordance with the procedures set forth in the ECF Administrative Guide in order to file pleadings and documents electronically. Registered participants of the ECF System shall be responsible for maintaining current registration information on the ECF System, e.g., mailing addresses, email addresses, etc. D. Conversion; Amendment to Creditor List; Fee. In a Chapter 11, 12, or 13 case that is converted to a case under Chapter 7, no filing fee shall be required for filing the amendment to the Creditor List required by Local Rule 1019-1 (A) if the amendment is filed within fourteen (14) days following the entry of the order converting case or notice of conversion.

E. Certificate of Service of a Document.

The Notice of Electronic Filing created by the ECF System serves as the Certificate of Service of a document whether the original document was filed electronically or in paper format. 1. If all parties who are entitled to receive notice are served by the ECF System, no separate Certificate of Service is necessary. 2.

For parties not listed on the Notice of Electronic Filing who are entitled to receive notice and parties who are entitled to service pursuant to Bankruptcy Rule 9014(b) and/or 7004, the party serving notice shall either include a Certificate of Service in the document certifying the date of service, the manner of service, and the names and addresses of the persons and entities served or file a separate Certificate of Service containing the 20 same information. If a separate Certificate of Service is filed electronically, the Certificate of Service shall specifically identify the document served and the docket entry shall relate the Certificate of Service to the document served by docket number. If the Certificate of Service is filed in paper form, the following must be attached: (1) a copy of the first page of the document served and (2) a copy of the first page of the Notice of Electronic Filing of the document.

F. Privacy.

A party filing a document shall redact the following personal data identifiers appearing in pleadings or other papers filed with the Court: names of minor children (use minors’ initials); all but the last four digits of any bank, savings or similar financial account numbers; all but the last four digits of any social security number; and all birth date information except the year. The responsibility for redacting personal identifiers rests solely with the filing party. THE CLERK WILL NOT REVIEW DOCUMENTS FOR COMPLIANCE WITH THIS RULE, SEAL DOCUMENTS CONTAINING PERSONAL DATA IDENTIFIERS WITHOUT A COURT ORDER OR REDACT SUCH INFORMATION FROM DOCUMENTS. Additional information regarding Filing Documents Under Seal is contained in General Order 14-GO-02 G. Documents Under Seal.

A motion to file a document under seal shall be filed electronically. Pursuant to an order of the Court, a party may file a document under seal by delivering the document to be sealed to the Clerk. A cover sheet must be attached to the document being filed under seal that includes a caption in accordance with Local Rule 9004-2(A) and the title of the document being filed under seal. In addition, the cover sheet must contain the related document number of the motion and order and the following statement in bold, “DOCUMENT TO BE FILED UNDER SEAL.” The Clerk will docket the document so that only the filing details and document title will appear on the docket sheet.

RULE 5010-1.

REOPENING CASES

If a party seeks to reopen a case or proceeding that does not appear on the ECF System, the party shall contact the ECF System Help Desk (contact information is available on the Court’s website (http://www.oknb.uscourts.gov to request that the docket of the case or proceeding be entered into the ECF System before filing a motion to reopen the case or proceeding. RULE 5011-1. WITHDRAWAL OF REFERENCE A. A motion for withdrawal of a case or proceeding pursuant to Bankruptcy Rule 5011(a) and responses thereto shall be filed with the Clerk of the Bankruptcy Court. See District Court Local Rules for provisions governing withdrawal motions.

B. Unless otherwise ordered by the Court, a motion for withdrawal shall not toll, suspend, or otherwise change the time period for filing responsive pleadings or motions in pending matters. 21 RULE 5011-2.

ABSTENTION

Unless otherwise ordered by the Court, a motion for abstention shall not toll, suspend, or otherwise change the time period for filing responsive pleadings or motions in pending matters. RULE 5080-1. FEES - GENERAL All fees must be paid on the calendar day on which the transaction requiring a fee occurs. If a filing fee is not timely paid, the pleading or document may be stricken without further notice or a hearing.

Any document presented for paper filing without proper provision for payment of the filing fee may not be accepted for filing by the Clerk. If any fee is not timely paid, the filing party shall be denied access to the ECF System until all fees due have been paid.

PART VI.

COLLECTION AND LIQUIDATION OF THE ESTATE RULE 6004-1.

SALE OF ESTATE PROPERTY A.

Business. Notice of Use, Sale, or Lease of Property Not in the Ordinary Course of 1. Local Rule 9013-1 does not apply to a notice of proposed use, sale, or lease of property made pursuant to Bankruptcy Rule 6004(a). 2.

The notice of proposed use, sale, or lease of property not in the ordinary course of business shall include the information set forth in Bankruptcy Rule 2002(c)(1). If a date of the proposed action is included in the notice, the notice shall also include the following statement in a separate paragraph: “Objections to the proposed action [use, sale, lease] of the above-described property must be filed and served not less than seven (7) days before the date set for the proposed action. If no objection is timely filed or served, the proposed action may be taken without further notice or hearing.” The notice of proposed use, sale, or lease of property not in the ordinary course of business shall be served in accordance with Bankruptcy Rule 6004(a) and, if applicable, Bankruptcy Rule 2002(d)(3).

B. Sale Free and Clear of Liens and Other Interests.

1. Local Rule 9013-1 does not apply to a motion for authority to sell property free and clear of liens and other interests made pursuant to Bankruptcy Rule 6004(c) or to objections thereto. The motion shall be accompanied by a separate notice required by Bankruptcy Rule 6004(a) which shall include the information required by Bankruptcy Rules 2002(c)(1) and 6004(c), and the following statement in a separate paragraph: “Objections to the proposed sale must be filed and served not less than seven (7) days before the date set for the hearing. If no objection is timely filed or served, the court may strike the hearing and grant the requested relief without further notice or a hearing.” Hearing dates may be obtained from the Court’s website (http://www.oknb.uscourts.gov).

22 2. The notice shall be served pursuant to Bankruptcy Rule 6004(a) and (c), and, if applicable, Bankruptcy Rule 2002(d)(3). Service of the motion and the notice shall be accomplished within three (3) days of the filing of the motion and notice, and a certificate of service shall be filed no later than seven (7) days prior to the hearing date. See Local Rule 2002-1(E).

RULE 6006-1.

EXECUTORY CONTRACTS

Notice of a motion to assume, assume and assign, or reject an executory contract or unexpired lease, or notice of a motion to require the trustee or debtor-in-possession to assume, assume and assign, or reject an executory contract or unexpired lease shall be given by the moving party to parties identified in Bankruptcy Rule 6006(c) and to the debtor, the trustee, any committee appointed under 11 U.S.C. §§ 705 or 1102, counsel for each of the foregoing, all entities known by the trustee or the debtor-in-possession to assert or claim a lien or other interest in the contract or lease, and all parties in interest who have requested notice in the case. If assumption of a contract or lease under which there has been a default is proposed, the motion shall describe the default and proposed method of satisfying the provisions of 11 U.S.C. § 365(b). RULE 6007-1.

ABANDONMENT A.

Service of Notice of Intent to Abandon. 1. Property with an estimated gross value of $1,000 or less may be abandoned by a trustee or debtor-in-possession after filing a report of intent to abandon with the Court, and without any other notice or hearing. 2.

Notice by the trustee or debtor-in-possession of a proposed abandonment of property with an estimated gross value greater than $1,000 shall be in accordance with Bankruptcy Rule 6007(a) and Local Rules 2002-1(E) and 9013-1(B).

B. Motion by Party in Interest.

Movant shall give notice of the motion to the trustee or debtor-in-possession and to parties identified in Bankruptcy Rule 6007(a). See Local Rule 9013-1(B).

C. Objections.

The time to file and serve an objection to a motion filed under Bankruptcy Rule 6007(a) or (b) shall be fourteen (14) days from the date of filing of the notice, which includes the three (3) days required for mailing under Bankruptcy Rule 9006(f). RULE 6008-1.

REDEMPTION

Notice of a motion for redemption of property from a lien or sale shall be given to the debtor, debtor’s counsel, trustee, United States Trustee, any parties affected by the motion or having an interest in the property affected by the motion, and all parties in interest who have requested notice in the case. The time to file an objection or response to the motion shall be fourteen (14) days, which includes the three (3) days for mailing as prescribed by Bankruptcy Rule 9006(f). See Local Rule 9013-1(B).

23 PART VII.

ADVERSARY PROCEEDINGS RULE 7003-1.

COVER SHEET

An adversary complaint not filed through the ECF System shall be accompanied by an Adversary Proceeding Cover Sheet, completed pursuant to the instructions on the Official Form. RULE 7004-1.

SERVICE OF PROCESS A.

The Certificate of Service of a pleading upon a domestic or foreign corporation, a partnership, or other unincorporated association pursuant to Bankruptcy Rule 7004(b)(3) or upon an insured depository institution pursuant to Bankruptcy Rule 7004(h) must identify the individual to whom service was addressed by name and/or title. B. The Certificate of Service of a pleading upon an insured depository institution pursuant to Bankruptcy Rule 7004(h) shall indicate: 1. That such entity is an insured depository institution; 2. Whether the institution has appeared by its attorney in the bankruptcy case; and 3.

Manner of service. C. If a party is served at the address designated by the party in its proof of claim as the address where notices should be sent, the Certificate of Service shall so indicate. D. When serving a summons and complaint on a debtor pursuant to Bankruptcy Rule 7004(b)(9) and 7004(g), service shall also be made on the attorney representing the debtor in the main bankruptcy case, regardless of whether the attorney has or intends to enter an appearance in the adversary proceeding. RULE 7004-2.

SUMMONS A.

The Clerk shall issue a summons after an adversary complaint is filed. B. If the complaint is filed through the ECF System, the Clerk shall email the summons to the filing attorney for completion and service. Proof of service of a summons shall be filed pursuant to these Local Rules. C. In the case of service upon the United States, in addition to the requirements of Bankruptcy Rule 7004(b)(4), if a summons is directed to an agency, department, or instrumentality of the United States, a copy of the summons and complaint shall also be served on the agency, department, or instrumentality at the address specified on the list maintained by the Clerk in accordance with Local Rule 1007-1(J).

24 RULE 7005-1. CERTIFICATE OF SERVICE (ADVERSARY PROCEEDINGS) A. See Local Rule 5005-1(E). B. Service under Bankruptcy Rule 7005 may be accomplished by electronic means through the ECF System upon those persons who have registered in the ECF System. See also Local Rule 9036-1.

RULE 7005-2.

FILING OF DISCOVERY MATERIALS

Requests for oral depositions, interrogatories, requests for production of documents, requests for admissions, and answers and responses thereto shall be served on all parties to the adversary proceeding, but shall not be filed unless so ordered by the Court or attached to a pleading for use in the proceeding. If Court intervention is sought concerning any discovery matter, copies of the portions of the discovery material at issue shall be attached as exhibits to the discovery motion. Copies of relevant discovery materials may also be filed in a like manner in connection with any response to a discovery motion. RULE 7007-1.

MOTION PRACTICE (ADVERSARY PROCEEDINGS) A. Briefs. Except for those motions enumerated in subparagraph (B) of this rule, each motion, application, or objection filed in an adversary proceeding shall include, or be accompanied by, a concise brief, not exceeding twenty (20) pages in length, exclusive of attachments or appendices. A brief in opposition, not exceeding twenty (20) pages in length, exclusive of attachments or appendices, if filed, shall be filed within fourteen (14) days after the filing of the original motion, application, or objection, and a reply brief to the brief in opposition, not exceeding ten (10) pages in length, exclusive of attachments or appendices, if filed, shall be filed within fourteen (14) days after filing of the brief in opposition. No other briefs shall be permitted without leave of Court.

The failure to file a brief with a motion, or failure to file a response brief or reply brief within the time parameters set forth herein shall constitute consent that the Court may rule without further notice on the pleadings timely submitted.

B. Motions Not Requiring Briefs.

No brief is required by either movant or respondent in connection with the following motions filed in an adversary proceeding: 1. To extend the time for the performance of an action required or allowed to be done, if the request is made before the expiration of the period originally prescribed, or as extended by previous orders; 2. trial of an action; To continue a pretrial, status, or scheduling conference, a hearing, or the 3. 4. To amend pleadings; To file supplemental pleadings; 25 5.

6. 7. For substitution of parties; To name additional parties; and To stay proceedings to enforce a judgment. The motions set forth above shall contain a statement that opposing counsel has been consulted regarding the requested relief and that the opposing party either consents or objects.

C. Motions for Summary Judgment.

See Local Rule 7056-1 for additional requirements in connection with the form of motions for summary judgment and briefs in support and opposition thereto. RULE 7007.1-1 CORPORATE OWNERSHIP STATEMENT Any corporation, other than a governmental unit, that is a party to an adversary proceeding shall complete and file Local Form 7007.1-1, identifying all publicly held corporations, other than a governmental unit, that directly or indirectly own ten percent (10%) or more of any class of the corporation’s equity interest, or stating that there are no such entities to report. The corporate ownership statement shall be filed concurrently with the first pleading filed by a corporate entity in the proceeding. A supplemental corporate ownership statement shall be filed promptly to reflect any change in the information that is required to be disclosed.

See also Local Rule 9014-1(B) regarding participants in contested matters and Local Rule 2003-2 regarding members of creditors’ committees. RULE 7010-1.

FORM OF PLEADINGS

See Local Rules 9004-1 and 9004-2. RULE 7012-1.

RESPONSIVE PLEADINGS

Extensions of Time. Upon request filed within the time permitted to serve an answer or responsive pleading to a complaint, the Clerk is authorized to grant the defendant the first extension of time, not to exceed fourteen (14) days, within which to respond to the complaint. Subsequent requests for extension of time shall contain a statement that counsel for plaintiff has been consulted regarding the requested extension and that the plaintiff either consents or objects. RULE 7016-1.

PRETRIAL PROCEDURES A.

Failure to attend a pretrial conference or failure to comply with the instructions contained in the order setting a pretrial conference or a scheduling order may result in an order adverse to the party failing to attend or comply, including dismissal or entry of judgment. 26 B. A motion to continue a pretrial conference must state the reason therefor, and shall contain a statement that the adverse party has been consulted regarding the requested continuance and that the adverse party either consents or objects. The motion shall be filed not later than seven (7) days prior to the date set for the pretrial conference. C. Unless the Court orders otherwise, the plaintiff shall prepare the initial draft of a proposed pretrial order.

The proposed pretrial order, which shall be submitted in accordance with Local Rule 9072-1(D), shall be the product of cooperation between and among the parties and shall be signed by all parties as an agreed pretrial order. D. Unless the Court orders otherwise, Local Rule 9070-1 applies in adversary proceedings. RULE 7026-1. DISCOVERY – GENERAL A. Filing of pleadings and other papers, including certain discovery papers, is governed by Local Rule 7005-2.

B. Every motion or objection relating to a discovery dispute shall contain a statement that counsel for the moving party has consulted with counsel for the adverse party concerning the motion or objection and the parties have failed to resolve the discovery dispute despite good faith efforts. If the parties agree that certain discovery orders such as discovery scheduling orders or protective orders should be entered, the parties may submit a joint motion and a proposed agreed order. The proposed agreed order shall be submitted to the Court in accordance with Local Rule 9072-1(B). RULE 7030-1.

DEPOSITIONS

Before filing a notice of deposition of a party, counsel for the party seeking to take the deposition shall make a good faith effort to confer with the proposed deponent through deponent’s counsel, if any, to arrange an agreeable date, time, and place for the deposition. RULE 7041-1. DISMISSAL OF ADVERSARY PROCEEDINGS A. A plaintiff may not voluntarily dismiss a complaint objecting to the discharge of the debtor without approval of the Court. A motion to dismiss such a complaint shall: 1. be prepared in accordance with Local Rule 9013-1(B); 2. be served upon the trustee, the United States Trustee, all creditors, and all parties in interest in the underlying bankruptcy case in accordance with Local Rule 9013- 1(G); 3. give notice of the fact that the motion seeks dismissal of an objection to discharge under 11 U.S.C. § 727; 4. give all parties in interest an opportunity to assume prosecution of the adversary proceeding; and 27 5. disclose any consideration given in exchange for the filing of the motion.

B. Responses to the motion to dismiss shall be made within fourteen (14) days of the date the motion was filed, which includes the three (3) days required for mailing under Bankruptcy Rule 9006(f), and shall be filed and served upon the moving party. C. Rule 41 of the Federal Rules of Civil Procedure, made applicable by Bankruptcy Rule 7041, applies in all contested matters. See Bankruptcy Rule 9014. RULE 7054-1.

COSTS – TAXATION The Clerk is not authorized to tax costs unless presented with a judgment that specifically awards costs to the party seeking costs. RULE 7055-1. DEFAULT A. A party seeking default judgment shall file (1) a Request for Entry of Default and (2) a Motion for Default Judgment. The movant shall also submit to the Court, but not file, a proposed Default Judgment.

1. Entry of Default. A party seeking entry of default pursuant to Rule 55(a) of the Federal Rules of Civil Procedure shall file a Request for Entry of Default by the Clerk (see Local Form 7055-1A), which shall be accompanied by an affidavit setting forth: a. b. c. d. The date of issuance of the summons; The date of service of the complaint; The date of filing of an affidavit of service; The date a responsive pleading was due by virtue of Bankruptcy Rule 7012 and extensions of time, if any, granted to the defendant; e. A statement that no answer or motion was received within the time permitted by Bankruptcy Rule 7012 and any extensions of time granted to the defendant; f. A statement, pursuant to Bankruptcy Rule 55(b)(1) of the Federal Rules of Civil Procedure, that the party against whom default is requested is not an infant or incompetent person; and g. A statement, pursuant to the Servicemembers Civil Relief Act, 50 U.S.C.A. App. § 521, (1) declaring whether or not the defendant is in the military service and supplying necessary facts to support the declaration; or (2) declaring that the plaintiff is unable to determine whether the defendant is in the military service. 2.

Motion for Default Judgment. A motion for default judgment shall state the factual basis upon which the plaintiff relies to prove each element of each claim for which 28 a default judgment is requested. The Court will determine whether judgment should be entered and may set the matter for hearing in order to make such determination. See Local Form 7055-1B.

B. Proposed Form of Default Judgment.

A proposed Default Judgment shall be submitted to the Court pursuant to Local Rule 9072-1(B). See Local Form 7055-1C. RULE 7056-1.

SUMMARY JUDGMENT A.

Brief in Support of Motion for Summary Judgment. A motion for summary judgment (or partial summary judgment) shall include or be accompanied by a brief in support thereof, not exceeding twenty (20) pages in length, exclusive of attachments or appendices. A brief in support of a motion for summary judgment (or partial summary judgment) shall begin with a section that contains a concise statement of material facts as to which movant contends no genuine issue exists. Each fact shall be stated in a separately numbered paragraph and shall refer with particularity to those portions of the affidavits, discovery materials, pleadings, or other parts of the record before the Court upon which the movant relies.

The movant shall not incorporate by reference arguments, replies, documents or portions of documents that were presented in earlier filings or other proceedings. Affidavits, discovery materials, pleadings, and other relevant portions of the record upon which the movant relies shall be attached to the brief. The statement of material facts shall be followed by the movant’s argument and authorities. The Court may strike, or decline to consider, substantive arguments that appear only in affidavits or other supporting documentation.

B. Response Brief.

A brief in response to a motion for summary judgment (or partial summary judgment), not exceeding twenty (20) pages in length, exclusive of attachments or appendices, shall be filed within twenty-one (21) days after the filing of the brief in support of the motion for summary judgment. The response brief shall begin with a section stating, by paragraph number, each of the movant’s facts to which the non-movant contends a genuine issue exists, and shall refer with particularity to those portions of affidavits, discovery materials, pleadings, and other relevant parts of the record before the Court upon which the non-movant relies to dispute the movant’s fact. All properly supported material facts set forth in the movant’s statement shall be deemed admitted for the purpose of summary judgment unless specifically controverted by a statement of the non-movant that is supported by evidentiary material. If the non-movant contends that other material facts exist which preclude summary judgment, the non-movant shall set forth each such material fact in a separately numbered paragraph and shall refer with particularity to those portions of affidavits, discovery materials, pleadings, and other relevant parts of the record before the Court upon which the non-movant relies.

Affidavits, discovery materials, pleadings, and other relevant portions of the record upon which the non-movant relies shall be attached to the brief. The non-movant’s dispute of movant’s statement of material facts and statement of other material facts, if any, shall be followed by the non-movant’s argument and authorities. The non- movant shall not incorporate by reference arguments, replies, documents or portions of documents 29 that were presented in earlier filings or other proceedings. The Court may strike, or decline to consider, substantive arguments that appear only in affidavits or other supporting documentation.

C. Reply Briefs to Address New Matters.

The movant may file a reply brief, not exceeding ten (10) pages in length, exclusive of attachments or appendices, within fourteen (14) days after date the response brief was filed, but such reply brief shall address only new matters set forth in the non-movant’s response brief. Affidavits, discovery materials, pleadings, and other relevant portions of the record upon which the movant relies in its reply shall be attached to the reply brief. The respondent shall not incorporate by reference arguments, replies, documents or portions of documents that were presented in earlier filings or other proceedings. The Court may strike, or decline to consider, substantive arguments that appear only in affidavits or other supporting documentation.

D. The Record.

The record on summary judgment shall consist of all materials permitted by Rule 56 of the Federal Rules of Civil Procedure that are properly in the record before the Court. Documentary evidence must be authenticated by affidavit or otherwise demonstrated to be admissible under the Federal Rules of Evidence in order to be considered on summary judgment.

E. Hearing.

Unless a hearing is requested by a party, a hearing shall be deemed waived and the motion for summary judgment will be ripe for decision upon the expiration of the time for filing responses and replies, if any, under these rules or as otherwise set by the Court.

PART VIII.

APPEALS TO DISTRICT COURT

Part VIII of these Local Rules shall not apply to appeals to the BAP. The BAP rules, which are available on the Court’s website (http://www.oknb.uscourts.gov), apply to all appeals unless and until a party elects to have the appeal heard by the District Court pursuant to 28 U.S.C. § 158(c)(1). Upon such election, Part VIII of these Local Rules shall apply to the appeal. RULE 8006-1.

DESIGNATION OF RECORD – APPEAL A. A designation of items to be included in the record on appeal shall describe the items to be included by docket number, filing date, and the title or a description of the item. B. File-Stamped copies of items designated pursuant to Bankruptcy Rule 8006 shall be furnished to the Clerk on a computer diskette, CD-ROM or other similar electronic format (not via email or through CM/ECF). See Local Rule 1001-1(H)(11). C. If a party fails to provide the Clerk with copies of designated items, the party shall advance to the Clerk the cost of copying the items.

D. The Clerk shall notify the bankruptcy judge if any party fails to take action necessary to enable the Clerk to assemble and transmit the record. The notice shall be in writing and filed in the case or proceeding. 30 RULE 8007-1. COMPLETION AND TRANSMISSION OF RECORD – APPEAL A. The reporter’s endorsed request for a transcript and the reporter’s request for extension of time pursuant to Bankruptcy Rule 8007(a) shall be filed with the Clerk.

B. If any party to an appeal from an order of the Bankruptcy Court to the District Court fails to timely designate the items to be included in the record on appeal, fails to make satisfactory arrangements for the production of a transcript or for the copying of designated items by the Clerk, or otherwise fails to take action necessary to enable the Clerk to assemble and transmit the record- 1. Any other party to the appeal may file in the Bankruptcy Court a motion to dismiss the appeal, in which event the following procedure shall be followed: a. Movant shall, within fourteen (14) days after filing the motion to dismiss the appeal, file with the Clerk and serve on other parties to the appeal a designation of record for purposes of hearing the motion to dismiss, pursuant to Bankruptcy Rule 8007(c); b. Other parties to the appeal shall, within fourteen (14) days after service of the movant’s designation under subsection (a) above, file and serve a designation of additional items to be included in the record for purposes of hearing the motion to dismiss, pursuant to Bankruptcy Rule 8007(c); c. The parties shall make arrangements for delivery of or ordering copies, transcripts, and the like as prescribed in Bankruptcy Rules 8006 and 8007(a); and d. When the record is complete for purposes of the motion to dismiss the appeal, the Clerk shall transmit a copy thereof forthwith to the Clerk of the District Court. 2. The Bankruptcy Court may, on its own motion or on request of any party to the appeal, direct the Clerk to transmit the record in its then-existing, incomplete form, together with a certification of the reasons why such record is incomplete, to the Clerk of the District Court.

PART IX.

GENERAL PROVISIONS RULE 9001-1.

DEFINITIONS

See Local Rule 1001-1(H). 31 RULE 9004-1. PAPERS – REQUIREMENTS OF FORM A. Documents and pleadings filed in a case or proceeding shall be formatted to be 8- 1/2 inches wide by 11 inches long, s

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