Scope and Application of Rules.

(a) (b) (c) Title and Citation. These rules (“Local Rules” or “Rules”) are known as the “Local Rules of the United States Bankruptcy Court for the District of Delaware” (the “Court”). They may be cited as “Del. Bankr. L.R.” Application.

These Local Rules govern insofar as they are not inconsistent with the Code and the Federal Rules of Bankruptcy Procedure. Amendments to the Local Rules. These Local Rules may be amended consistent with 28 U.S.C. §§ 2071 and 2077, Fed. R. Civ. P. 83, and Fed. R. Bankr. P. 9029. (d) Modification.

The Court may modify application of these Local Rules in any case or proceeding in the interest of justice. (e) (f) (g) Effective Date. These Local Rules will be effective on February 1, 2025. Relationship to Prior Rules; General Orders and Chambers Procedures; Cases and Proceedings Pending on Effective Date.

These Local Rules supersede prior Local Rules, but do not affect the Court’s General Orders or any Judge’s chambers procedures. They govern cases or proceedings filed after their effective date. They also govern cases and proceedings pending on the effective date, except if the Court finds they would be infeasible or unjust. Relationship to District Court Rules.

The District Court’s local rules apply to all filings to be determined by the District Court—whether initially filed in the District Court or the Bankruptcy Court—including briefing on any motion to withdraw the reference from the Bankruptcy Court, except that: (i) the Fed. R. Bankr. P. apply to bankruptcy appeals in the District Court; and (ii) the District Court’s standing order dated August 16, 2022, requiring that all electronic filings be submitted by 5:00 p.m. Eastern Time does not apply to filings that are made in the Bankruptcy Court. Rule 1002-1 Commencement of Case. (a) (b) (c) Petition Requirements. All petitions must comply with the Code, the Fed. R. Bankr. P., these Local Rules, the Clerk’s Office Procedures, and the applicable Official Form.

Voluntary Petition by Nonindividual. A voluntary petition filed by a nonindividual debtor must be (i) signed by counsel admitted to practice in the District Court and (ii) accompanied by evidence that the filing was authorized as required under applicable law. Advance Notice to the Clerk and U.S. Trustee of Filing a Chapter 11 or Chapter 15 Petition. Except in exigent circumstances, counsel for the debtor or foreign representative must contact the U.S. Trustee and the Clerk at least 2 business days before filing a petition to advise of the anticipated filing—without disclosing the identity of the debtor—and any immediate relief the debtor or foreign representative may seek.

2 Rule 1007-1 Lists, Schedules and Statements. (a) (b) Extension of Time to File Schedules and Statement in Voluntary Chapter 11 Case. If the debtor in a voluntary chapter 11 case has more than 200 creditors and files with its petition the list required by Local Rule 1007-2, then the debtor’s time to file its Schedules and Statement of Financial Affairs is extended to 28 days from the petition date. The time may be further extended on motion for cause shown.

Filing Schedules in Jointly Administered Chapter 11 Cases. In jointly administered cases, each debtor’s Schedules and Statement of Financial Affairs, including amendments, must be filed in the debtor’s case and in the lead case. The statistical information required by CM/ECF must be completed for each debtor. 3 Rule 1007-2 List of Creditors/Mailing Matrix.

(a) (b) List of Creditors in a Voluntary Case. The list required by Fed. R. Bankr. P. 1007(a)(1) must be filed in the format required by the Clerk’s Office Procedures. Jointly Administered Cases. In jointly administered cases with a claims and noticing agent, the lists required by Fed. R. Bankr. P. 1007(a)(1) and (d) may be consolidated for the debtors, but the debtors must provide deconsolidated lists required by Fed. R. Bankr. P. 1007(d) upon request.

(c) Individual Debtor with Recent Prior Case or Foreclosure. (i) (ii) Prior Case. An individual debtor who was a debtor in a prior case under the Code pending within a year before the petition date must include in the list required by Fed. R. Bankr. P. 1007(a)(1) the name and address of each party and counsel that entered an appearance in the prior case. Foreclosure.

An individual debtor who was subject to an action for foreclosure, repossession, or to enforce a claim against the debtor’s or a co-debtor’s property pending within a year before the petition date must include in the list required by Fed. R. Bankr. P. 1007(a)(1) the name and address of each party and counsel that entered an appearance in the action. 4 Rule 1009-1 Notice by Chapter 7, Chapter 12 or Chapter 13 Debtor to Creditors Not Scheduled Before Meeting of Creditors. The following procedures apply in a chapter 7, 12, or 13 case if the debtor amends Schedule D, E, or F or the creditor matrix to add a creditor after the Court has issued notice of the meeting of creditors under 11 U.S.C. § 341: (a) The debtor must serve the affected creditor with the following by first class mail: (i) (ii) A copy of the original notice of meeting of creditors under 11 U.S.C. § 341; A notice informing the creditor of the right to file a proof of claim by the later of 21 days from the date of the notice and the bar date in the original notice of meeting of creditors under 11 U.S.C. § 341; (iii) A notice informing the creditor of the automatic extension of time to file a complaint under Local Rules 4004-1 and 4007-1; and (b) The debtor must file a certificate of service with the Court and provide an amended creditor matrix to the Clerk within 48 hours of filing the amendment. 5 Rule 1009-2 Notice of Amendment of Schedules in Chapter 11 Cases.

If a chapter 11 debtor’s schedules are amended to change the amount, nature, classification, or characterization of a debt owed to a creditor, then the debtor or trustee must serve notice of the amendment on the creditor within 14 days of the amendment, and the notice must inform the creditor of its right to file a proof of claim by the later of (i) the bar date or (ii) 21 days from the date of the notice. A certificate of service of the notice must then be filed within 7 days after service. 6 Rule 1013-1 Entry of Order for Relief on Involuntary Petition. An order for relief on an involuntary petition will be entered only after (i) the filing of a consent by the putative debtor, (ii) certification of Delaware counsel to the petitioning creditor or creditors that the petition and summons were served on the putative debtor in accordance with the Fed. R. Bankr. P. and that no answer was timely filed or received, or (iii) a duly noticed hearing.

7 Rule 1014-1 Transfer of Cases or Adversary Proceedings to Another District. Within 7 days after entry of an unstayed order to transfer a case or adversary proceeding from this district to another district, the Clerk will transmit the following to the transferee Court: (a) certified copies of the Court’s or the District Court’s transfer order and any related opinion; and (b) copies of all docket entries that have been filed in the case or adversary proceeding. When the District Court orders the transfer, the District Court Clerk will transmit the District Court’s transfer order to the Clerk, who will then effectuate the transfer as set out in this Local Rule. The Clerk may require counsel for the parties to assist with its duties under this Local Rule.

8 Rule 1015-1 Joint Administration of Cases The Court may order joint administration of related cases pending in this Court without notice and an opportunity for hearing on a motion supported by an affidavit, declaration, or verification establishing that joint administration of the cases is warranted and will ease the administrative burden for the Court and the parties. A joint administration order entered under this Local Rule (i) is procedural only and does not substantively consolidate the debtors’ estates and (ii) may be reconsidered on motion of a party in interest at any time. 9 Rule 1016-1 Suggestion of Death. The debtor’s attorney must file a notice of the debtor’s death—using Local Form 126—as soon as possible after verifying that the debtor is deceased.

10 Rule 1017-1 Petition Deficiencies. If a chapter 7, 12, or 13 petition is filed without all documents required by the Fed. R. Bankr. P., the Code, these Local Rules, and the Clerk’s Office Procedures, then the debtor will receive a deficiency notice specifying the time for filing the omitted documents. If the documents are not filed within the time in the notice, then the petition may be dismissed, unless the debtor has moved for or obtained an extension of time to file the documents. 11 Rule 1017-2 Dismissal of Chapter 11 Case.

Except as provided in Fed. R. Bankr. P. 1017, a chapter 11 case—including one that is jointly administered with another case—may only be dismissed on motion noticed as required by Fed. R. Bankr. P. 1017 and 2002(a)(4). 12 Rule 1017-3 Closing of Cases by Substantive Consolidation. A party seeking to substantively consolidate two or more debtors’ estates, must present a separate proposed order for each consolidating debtor’s case providing for each case to be closed, except for the remaining consolidated debtor case. If the request is granted, then the order must be entered on the docket for each debtor’s case.

13 PART II.

OFFICERS AND ADMINISTRATION; NOTICES; MEETINGS; EXAMINATIONS; ELECTIONS; ATTORNEYS AND ACCOUNTANTS