Stipulations; Affidavits of Noncompliance

(a) Conditional Terms. A stipulation, judgment or order filed and entered by the court containing conditional terms, including automatic dismissal, conversion or relief from stay, is not itself self executing. The moving party must submit an affidavit by a person with personal knowledge stating that the conditions have not been met along with a proposed order. Said relief may be granted by the court seven (7) days after it is filed and served on all opposing parties.

(b) Time Limited. Absent exceptional circumstances, the court will not approve a stipulation that, in its judgment, affords a creditor the ability to obtain relief from the automatic stay, by affidavit and without a hearing, for the remainder of the case. 32 LBR 9074-2 Remote Appearances at Hearings Attorneys and other parties may appear at hearings either (a) personally in court, or (b) by using Zoom for Government. No telephonic or video appearance will be allowed unless it is made through Zoom.

Through Zoom, a participant may appear by telephone or by video. To participate in a hearing remotely via video, attorneys and parties must use the internet to access Zoom for Government at http://www.zoomgov.com. To participate in a hearing remotely via telephone, attorneys and parties must call Zoom for Government at 1-646-828-7666 or 1-669-254-5252. Participation by video and/or by telephone will require the participant to enter a Meeting ID and Passcode which will be available on the court’s website.

Rules for participating in Zoom hearings: (a) Only parties and their counsel may appear for hearings using Zoom for Government. Members of the public must observe in person. (b) Attorneys are expected to appear via video using Zoom and not via telephone. (c) Participants are not required to request permission in advance to appear remotely.

(d) Under no circumstances may any participant record or broadcast the proceedings conducted by the court. (e) A participant’s appearance on Zoom should include only the participant’s first and last name. Example: John Doe is acceptable, but J. Doe is not. No aliases, firm names, client names or use of other persons’ accounts will be accepted.

(f) Participants are required to join the hearing at least ten minutes prior to the scheduled hearing time. (g) Once admitted into the hearing, participants should ensure their audio is muted until the participant’s matter is called. Those dialing in by telephone may mute/unmute by pressing *6. A participant’s audio should remain muted until the participant’s matter is called.

(h) Avoid using a speakerphone or calling from a public place. Background noise is prohibited. Participants causing unwarranted noise on the line may be muted by the court or dismissed from the hearing. (i) Unless otherwise ordered by the court, remote appearances are allowed in all matters except the following: (1) Trials and evidentiary hearings; and (2) Any matter designated by the court as one requiring a personal appearance.

33 Any notice of hearing must include information about remote participation in the hearing by Zoom for Government and be in the form of LBF 7104-1 or other applicable LBF. 34 INTERIM BANKRUPTCY RULES of the United States Bankruptcy Court for the District of New Hampshire 35 IBR 1007-11 Lists, Schedules, Statements, and Other Documents; Time Limits; Expiration of Temporary Means Testing Exclusion * * * * * (b) Schedules, Statements, and Other Documents Required. * * * * * (1) Unless either: (A) § 707(b)(2)(D)(i) applies, or (B) § 707(b)(2)(D)(ii) applies and the exclusion from means testing granted therein extends beyond the period specified by Rule 1017(e), an individual debtor in a chapter 7 case shall file a statement of current monthly income prepared as prescribed by the appropriate Official Form, and, if the current monthly income exceeds the median family income for the applicable state and household size, the information, including calculations, required by § 707(b), prepared as prescribed by the appropriate Official Form. * * * * * (c) Time Limits. In a voluntary case, the schedules, statements, and other documents required by subdivision (b)(1), (4), (5), and (6) shall be filed with the petition or within fourteen (14) days thereafter, except as otherwise provided in subdivisions (d), (e), (f), (h), and (n) of this rule. In an involuntary case, the schedules, statements, and other documents required by subdivision (b)(1) shall be filed by the debtor within fourteen (14) days of the entry of the order for relief.

In a voluntary case, the documents required by paragraphs (A), (C), and (D) of subdivision (b)(3) shall be filed with the petition. Unless the court orders otherwise, a debtor who has filed a statement under subdivision (b)(3)(B), shall file the documents required by subdivision (b)(3)(A) within fourteen (14) days of the order for relief. In a chapter 7 case, the debtor shall file the statement required by subdivision (b)(7) within sixty (60) days after the first date set for the meeting of creditors under § 341 of the Code, and in a chapter 11 or 13 case no later than the date when the last payment was made by the debtor as required by the plan or the filing of a motion for a discharge under § 1141(d)(5)(B) or § 1328(b) of the Code. The court may, at any time and in its discretion, enlarge the time to file the statement required by subdivision (b)(7).

The debtor shall file the statement required by subdivision (b)(8) no earlier than the date of the last payment made under the plan or the date of the filing of a motion for a discharge under §§ 1141(d)(5)(B), 1228(b), or 1328(b) of the Code. Lists, schedules, statements, and other documents filed prior to the conversion of a case to another chapter shall be deemed filed in the converted case unless the court directs otherwise. Except as provided in § 1116(3), any extension of time to file schedules, statements, and other documents required under this rule may be granted only on motion for cause shown and on notice to the United States Trustee, any committee elected under § 705 or appointed under § 1102 of the Code, trustee, examiner, or other party as the court may direct. Notice of an extension shall be given to the United States Trustee and to any committee, trustee, or other party as the court may direct. * * * * * 36 (n) Time Limits For, and Notice To, Debtors Temporarily Excluded from Means Testing.

(1) An individual debtor who is temporarily excluded from means testing pursuant to § 707(b)(2)(D)(ii) of the Code shall file any statement and calculations required by subdivision (b)(4) no later than fourteen (14) days after the expiration of the temporary exclusion if the expiration occurs within the time specified by Rule 1017(e) for filing a motion pursuant to § 707(b)(2). (2) If the temporary exclusion from means testing under § 707(b)(2)(D)(ii) terminates due to the circumstances specified in subdivision (n)(1), and if the debtor has not previously filed a statement and calculations required by subdivision (b)(4), the Clerk shall promptly notify the debtor that the required statement and calculations must be filed within the time specified in subdivision (n)(1). _______________________ 1 Interim Rule 1007-1 has been adopted by the bankruptcy courts to implement the National Guard and Reservists Debt Relief Act of 2008, Public Law No. 110-438, as amended by Public Law No. 118-24. The amended Act, which provides a temporary exclusion from the application of the means test for certain members of the National Guard and reserve components of the Armed Forces, applies to bankruptcy cases commenced in the 19-year period beginning December 19, 2008. IBR 5012 Communication and Cooperation With Foreign Courts and Foreign Representatives Except for communications for scheduling and administrative purposes, the court in any case commenced by a foreign representative shall give at least twenty-one (21) days’ notice of its intent to communicate with a foreign court or a foreign representative.

The notice shall identify the subject of the anticipated communication and shall be given in the manner provided by Rule 2002(q). Any entity that wishes to participate in the communication shall notify the court of its intention not later than seven (7) days before the scheduled communication. 37 ADMINISTRATIVE ORDES of the United States Bankruptcy Court for the District of New Hampshire 38 AO 3015-4 Chapter 13 Trustee Plan Confirmation and Post-Confirmation Reporting Duties (a) Confirmation Recommendation. No later than seven (7) days prior to the initial confirmation hearing on any plan, amended plan, or motion to modify a plan, the chapter 13 Trustee shall file with the Court a recommendation regarding whether the plan should or should not be confirmed using the applicable docket text event.

(b) Certification of Completion of Chapter 13 Plan Payments. No later than sixty (60) days following the last payment made under the plan, the chapter 13 Trustee shall file with the Court certification that all plan payments have been completed in accordance with the confirmation order by using the applicable docket text event. 39