Stylistic changes have been made to the text of the LBR.
U.S. Bankruptcy Court for the Eastern District of Virginia
U.S. Bankruptcy Court for the Eastern District of Virginia
[Changes effective 12/01/09.] 117 EXHIBITS The bankruptcy forms included in the above exhibits are available at the Court's internet web site at www.vaeb.uscourts.gov. The forms are in Adobe Acrobat format. [Updated effective 12/22/20.] EXHIBIT 1 UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF VIRGINIA Division CHAPTER 13 PLAN AND RELATED MOTIONS Name of Debtor(s): Case No: This Plan, dated , is: □ □ the first Chapter 13 Plan filed in this case. a modified Plan that replaces the □ confirmed or □ unconfirmed Plan dated Date and Time of Modified Plan Confirmation Hearing: Place of Modified Plan Confirmation Hearing: The Plan provisions modified by this filing are: Creditors affected by this modification are: 1. Notices To Creditors: Your rights may be affected by this plan. Your claim may be reduced, modified, or eliminated.
You should read this plan carefully and dis- cuss it with your attorney if you have one in this bankruptcy case. If you do not have an attorney, you may wish to consult one. If you oppose the plan’s treatment of your claim or any provision of this plan, you or your attorney must file an objection to confirmation at least 7 days before the date set for the hearing on confirmation, unless otherwise ordered by the Bankruptcy Court. Exhibits The Bankruptcy Court may confirm this plan without further notice if no objection to confirmation is filed.
See Bankruptcy Rule 3015. EXHIBIT 1 In addition, you may need to timely file a proof of claim in order to be paid under any plan. The following matters may be of particular importance. Debtors must check one box on each line to state whether or not the plan includes each of the following items.
If an item is checked as “Not Included” or if both boxes are checked, the provision will be ineffective if set out later in the plan. A. B. A limit on the amount of a secured claim, set out in Section 4.A which may result in a partial payment or no payment at all to the secured creditor Included Not included Avoidance of a judicial lien or nonpossessory, nonpurchase- money security interest, set out in Section 8.A Included Not included C. Nonstandard provisions, set out in Part 12 Included Not included 2. 3. Funding of Plan.
The debtor(s) propose to pay the Trustee the sum of $ per months. Other payments to the Trustee are as follows: for . The total amount to be paid into the Plan is $ . Priority Creditors.
The Trustee shall pay allowed priority claims in full unless the creditor agrees otherwise.
1. The Trustee will be paid the percentage fee fixed under 28 U.S.C. § 586(e), not to exceed 10% of all sums received under the plan. 2. Check one box: □ Debtor(s)’ attorney has chosen to be compensated pursuant to the “no-look” fee under Local Bankruptcy Rule 2016-1(C)(1)(a) and (C)(3)(a) and will be paid $ concurrently with or prior to the payments to remaining creditors. , balance due of the total fee of $ □ Debtor(s)’ attorney has chosen to be compensated pursuant to Local Bankruptcy Rule 2016-1(C)(1)(c)(ii) and must submit applications for compensation as set forth in the Local Rules.
Exhibits B. Claims under 11 U.S.C. § 507. The following priority creditors will be paid by deferred cash payments pro rata with other priority creditors or in monthly installments as below, except that allowed claims pursuant to 11 U.S.C. § 507(a)(1) will be paid pursuant to 3.C below: Creditor Type of Priority Estimated Claim Payment and Term EXHIBIT 1 C. Claims under 11 U.S.C. § 507(a)(1) The following priority creditors will be paid prior to other priority creditors but concurrently with administrative claims above. Creditor Type of Priority Estimated Claim Payment and Term 4. Secured Creditors: Motions to Value Collateral (“Cramdown”), Collateral being Surrendered, Adequate Protection Payments, and Payment of certain Secured Claims.
A. Motions to Value Collateral (other than claims protected from “cramdown” by 11 U.S.C. § 1322(b)(2) or by the final paragraph of 11 U.S.C. § 1325(a . Unless a written objection is timely filed with the Court, the Court may grant the debtor(s)’ motion to value collateral as set forth herein. This section deals with valuation of certain claims secured by real and/or personal property, other than claims protected from “cramdown” by 11 U.S.C. § 1322(b)(2) [real estate which is debtor(s)’ principal residence] or by the final paragraph of 11 U.S.C. § 1325(a) [motor vehicles purchased within 910 days or any other thing of value purchased within 1 year before filing bankruptcy], in which the replacement value is asserted to be less than the amount owing on the debt. Such debts will be treated as secured claims only to the extent of the replacement value of the collateral.
That value will be paid with interest as provided in sub-section D of this section. You must refer to section 4(D) below to determine the interest rate, monthly payment and estimated term of repayment of any “crammed down” loan. The deficiency balance owed on such a loan will be treated as an unsecured claim to be paid only to the extent provided in section 5 of the Plan. The following secured claims are to be “crammed down” to the following values: Creditor Collateral Purchase Date Est.
Debt Bal. Replacement Value Exhibits EXHIBIT 1 B. Real or Personal Property to be Surrendered. Upon confirmation of the Plan, or before, the debtor(s) will surrender his/her/their interest in the collateral securing the claims of the following creditors in satisfaction of the secured portion of such creditors’ allowed claims. To the extent that the collateral does not satisfy the claim, any timely filed deficiency claim to which the creditor is entitled may be paid as a non-priority unsecured claim.
Confirmation of the Plan shall terminate the automatic stay under §§ 362(a) and 1301(a) as to the interest of the debtor(s), any co-debtor(s) and the estate in the collateral. Creditor Collateral Description Estimated Value Estimated Total Claim C. Adequate Protection Payments. The debtor(s) propose to make adequate protection payments required by 11 U.S.C. § 1326(a) or otherwise upon claims secured by personal property, until the commencement of payments provided for in sections 4(D) and/or 7(B) of the Plan, as follows: Creditor Collateral Adeq. Protection Monthly Payment To Be Paid By Any adequate protection payment upon an unexpired lease of personal property assumed by the debtor(s) pursuant to section 7(B) of the Plan shall be made by the debtor(s) as required by 11 U.S.C. § 1326(a)(1)(B) (payments coming due after the order for relief).
D. Payment of Secured Claims on Property Being Retained (except those loans provided for in section 6 of the Plan): This section deals with payment of debts secured by real and/or personal property [including short term obligations, judgments, tax liens and other secured debts]. After confirmation of the Plan, the Trustee will pay to the holder of each allowed secured claim, which will be either the balance owed on the indebtedness or, where applicable, the collateral’s replacement value as specified in sub-section A of this section, whichever is less, with interest at the rate provided below, the monthly payment specified below until the amount of the secured claim has been paid in full. Upon confirmation of the Plan, the valuation specified in sub-section A and interest rate shown below will be binding unless a timely written objection to confirmation is filed with and sustained by the Court. Creditor Collateral Approx.
Bal. of Debt or “Crammed Down” Value Interest Rate Monthly Payment & Est. Term E. Other Debts. Debts which are (i) mortgage loans secured by real estate which is the debtor(s)’ principal residence, or (ii) other long term obligations, whether secured or unsecured, to be continued upon the existing contract terms with any existing default in payments to be cured pursuant to 11 U.S.C. § 1322(b)(5), are provided for in section 6 of the Plan. Exhibits Page 4 5.
Unsecured Claims.
Allowed non-priority unsecured claims shall be paid pro rata from any distribution remaining after disbursement to allowed secured and priority claims. Estimated distribution is approximately %. The dividend percentage may vary depending on actual claims filed. If this case were liquidated under Chapter 7, the debtor(s) estimate that unsecured creditors would receive a dividend of approximately %.
EXHIBIT 1 B. Separately classified unsecured claims. Creditor Basis for Classification Treatment 6. Mortgage Loans Secured by Real Property Constituting the Debtor(s)’ Principal Residence; Other Long Term Payment Obligations, whether secured or unsecured, to be continued upon existing contract terms; Curing of any existing default under 11 U.S.C. § 1322(b)(5). A. Debtor(s) to make regular contract payments; arrears, if any, to be paid by Trustee.
The creditors listed below will be paid by the debtor(s) pursuant to the contract without modification, except that arrearages, if any, will be paid by the Trustee either pro rata with other secured claims or on a fixed monthly basis as indicated below, without interest unless an interest rate is designated below for interest to be paid on the arrearage claim and such interest is provided for in the loan agreement. A default on the regular contract payments on the debtor(s) principal residence is a default under the terms of the plan. Creditor Collateral Regular Contract Payment Estimated Arrearage Arrearage Interest Rate Estimated Cure Period Monthly Arrearage Payment B. Trustee to make contract payments and cure arrears, if any. The Trustee shall pay the creditors listed below the regular contract monthly payments that come due during the period of this Plan, and pre-petition arrearages on such debts shall be cured by the Trustee either pro rata with other secured claims or with monthly payments as set forth below.
Creditor Collateral Regular Contract Payment Estimated Arrearage Interest Rate on Arrearage Monthly Payment on Arrearage & Est. Term C. Restructured Mortgage Loans to be paid fully during term of Plan. Any mortgage loan against real estate constituting the debtor(s)’ principal residence upon which the last scheduled contract payment is due before the final payment under the Plan is due shall be paid by the Trustee during the term of the Plan as permitted by 11 U.S.C. § 1322(c)(2) with interest at the rate specified below as follows: Exhibits Creditor Collateral Interest Rate Estimated Claim Monthly Payment & Term EXHIBIT 1 7. Unexpired Leases and Executory Contracts.
The debtor(s) move for assumption or rejection of the executory contracts, leases and/or timeshare agreements listed below.
The debtor(s) reject the following executory contracts: Creditor Type of Contract B. Executory contracts and unexpired leases to be assumed. The debtor(s) assume the following executory contracts. The debtor(s) agree to abide by all terms of the agreement. The Trustee will pay the pre-petition arrearages, if any, through payments made pro rata with other priority claims or on a fixed monthly basis as indicated below.
Creditor Type of Contract Arrearage Monthly Payment for Arrears Estimated Cure Period 8. Liens Which Debtor(s) Seek to Avoid. A. The debtor(s) move to avoid liens pursuant to 11 U.S.C. § 522(f). The debtor(s) move to avoid the following judicial liens and non-possessory, non-purchase money liens that impair the debtor(s)’ exemptions.
Unless a written objection is timely filed with the Court, the Court may grant the debtor(s)’ motion and cancel the creditor’s lien. If an objection is filed, the Court will hear evidence and rule on the motion at the confirmation hearing. Creditor Collateral Exemption Basis Exemption Amount Value of Collateral B. Avoidance of security interests or liens on grounds other than 11 U.S.C. § 522(f). The debtor(s) have filed or will file and serve separate adversary proceedings to avoid the following liens or security interests.
The creditor should review the notice or summons accompanying such pleadings as to the requirements for opposing such relief. The listing here is for information purposes only. Creditor Type of Lien Description of Collateral Basis for Avoidance Exhibits EXHIBIT 1 9. Treatment and Payment of Claims. • • • • • All creditors must timely file a proof of claim to receive any payment from the Trustee.
If a claim is scheduled as unsecured and the creditor files a claim alleging the claim is secured but does not timely object to confirmation of the Plan, the creditor may be treated as unsecured for purposes of distribution under the Plan. This paragraph does not limit the right of the creditor to enforce its lien, to the extent not avoided or provided for in this case, after the debtor(s) receive a discharge. If a claim is listed in the Plan as secured and the creditor files a proof of claim alleging the claim is unsecured, the creditor will be treated as unsecured for purposes of distribution under the Plan. The Trustee may adjust the monthly disbursement amount as needed to pay an allowed secured claim in full.
If relief from the automatic stay is ordered as to any item of collateral listed in the plan, then, unless otherwise ordered by the court, all payments as to that collateral will cease, and all secured claims based on that collateral will no longer be treated by the plan. • Unless otherwise ordered by the Court, the amount of the creditor’s total claim listed on the proof of claim controls over any contrary amounts listed in the plan. 10. Property of the estate will vest in the debtor(s) upon: Check the applicable box: plan confirmation. entry of discharge. other: Notwithstanding such vesting, the debtor(s) shall give notice and obtain prior court approval of the transfer or sale of real or personal property with a value that exceeds $15,000, the refinance or modification of a loan secured by real or personal property, and the encumbrance of real or personal property. Note: If no box is checked or if more than one box is checked, then property of the estate will vest in the debtor(s) upon plan confirmation.
11. Incurrence of indebtedness. The debtor(s) shall not voluntarily incur additional indebtedness exceeding the cumulative total of $15,000 principal amount during the term of this Plan, whether unsecured or secured, except upon approval of the Court after notice to the Trustee, any creditor who has filed a request for notice, and other creditors to the extent required by the Local Rules of this Court. 12.
Nonstandard Plan Provisions None. If “None” is checked, the rest of Part 12 need not be completed or reproduced. Under Bankruptcy Rule 3015(c), nonstandard provisions must be set forth below. A nonstandard provision is a provision not otherwise included in the Official Form or deviating from it.
Nonstandard provisions set out elsewhere in this plan are ineffective. The following plan provisions will be effective only if there is a check in the box “Included” in § 1.C. Exhibits EXHIBIT 1 Dated: Debtor 1 (Required) Debtor(s)’ Attorney Debtor 2 (Required) By filing this document, the Attorney for Debtor(s) or Debtor(s) themselves, if not represented by an attorney, also certify(ies) that the wording and order of the provisions in this Chapter 13 plan are iden- tical to those contained in the Local Form Plan, other than any nonstandard provisions included in Part 12. Exhibits: Plan Copy of Debtor(s)’ Budget (Schedules I and J); Matrix of Parties Served with I certify that on , I mailed a copy of the foregoing to the creditors and parties in interest on the attached Service List. Certificate of Service Signature Address Telephone No: CERTIFICATE OF SERVICE PURSUANT TO RULE 7004 I hereby certify that on Related Motions were served upon the following creditor(s): true copies of the forgoing Chapter 13 Plan and ( ) by first class mail in conformity with the requirements of Rule 7004(b), Fed.R.Bankr.P.; or ( ) by certified mail in conformity with the requirements of Rule 7004(h), Fed.R.Bankr.P. [ver.
01/25] Signature of attorney for debtor(s) Exhibits UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF VIRGINIA EXHIBIT 2 In re: Division Case No. Chapter 13 Debtor(s) SPECIAL NOTICE TO SECURED CREDITOR To: Name of creditor , Attn: Description of collateral 1. The attached chapter 13 plan filed by the debtor(s) proposes (check one): [ ] [ ] [ ] To value your collateral. See Section 4 of the plan. Your lien will be limited to the value of the collateral, and any amount you are owed above the value of the collateral will be treated as an unsecured claim.
To modify the interest rate. See Section 4D of the plan. The interest rate you will receive may be less than the contract rate.. To cancel or reduce a judgment lien or a non-purchase money, non-possessory security interest you hold.
See Section 8 of the plan. All or a portion of the amount you are owed will be treated as an unsecured claim. 2. You should read the attached plan carefully for the details of how your claim is treated.
The plan may be confirmed, and the proposed relief granted, unless you file and serve a written objection by the date specified and appear at the confirmation hearing. A copy of the objection must be served on the debtor(s), their attorney, and the chapter 13 trustee. Date objection due: Date and time of confirmation hearing: Place of confirmation hearing: Name(s) of debtor(s) By: Signature [ [ ] Debtor(s)’ Attorney ] Pro se debtor Exhibits EXHIBIT 2 Name of attorney for debtor(s) Address of attorney [or pro se debtor] Tel. # Fax # CERTIFICATE OF SERVICE I hereby certify that true copies of the foregoing Notice and attached Chapter 13 Plan and Related Motions were served upon the creditor noted above by ) first class mail in conformity with the requirements of Rule 7004(b), Fed.R.Bankr.P; or ) certified mail in conformity with the requirements of Rule 7004(h), Fed.R.Bankr.P on this day of , 20 . Signature of attorney for debtor(s) ver.
12/25 Exhibits UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF VIRGINIA EXHIBIT 3 In re: Filing, Signing, Retaining and ) Verification of Pleadings and Papers in the Case Management/ ) Electronic Case Filing (CM/ECF Sys- tem ) Standing Order No. 06-4 ORDER ADOPTING CASE MANAGEMENT/ ELECTRONIC CASE FILING PROCEDURES [Rescinded Effective 3/17/08] Exhibits Administrative Procedures for Filing, Signing, Retaining and Verification of Pleadings and Papers in the Case Management/Electronic Case Filing (CM/ECF) System EXHIBIT 4 Exhibit to Standing Order No. 06-4 (VERSION 06/09/06) DECEMBER 2006 [Rescinded Effective 3/17/08] Exhibits EXHIBIT 5 INSTRUCTIONS FOR CREDITOR MATRIX Last Revised: June 16, 2025 The following instructions are applicable to all word processing software and third-party bankruptcy software packages: (A) Open your word processing software and enter the creditor infor- mation, making sure of the following: • Creditors are listed in a single column. • There are two blank spaces separating each creditor. • The second line of each creditor listed must be either a street address or a P.O. Box, with the periods included (e.g., 200 South Main Street or P.O. Box 241). • The last line of each creditor must be in the format of City, State (two-letter abbreviation), Zip (e.g., Alexandria, VA 22314). • No Account numbers or dollar amounts may be included within the creditor information. (B) File a printed copy of the creditor matrix with the Clerk’s Office. You may also create the creditor matrix using a designated computer terminal in the Clerk’s Office. Exhibits EXHIBIT 6 UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF VIRGINIA Division In re: v. Debtor(s) Case No. Plaintiff(s) Chapter Defendant(s) Adversary No. FINANCIAL INTEREST DISCLOSURE STATEMENT Pursuant to Federal Rule of Bankruptcy Procedure 7007.1 and to enable the Judges to evaluate possible disqualification or recusal, the undersigned counsel for in the above captioned action, certifies that the following is a (are) corporation(s), other than the debtor or a governmental unit, that directly or indirectly own(s) 10% or more of any class of the corporation’s(s’) equity interests, or states that there are no entities to report under FRBP 7007.1: Q, None [Check if applicable] Date Signature of Attorney or Litigant Counsel for Exhibits EXHIBIT 7 UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF VIRGINIA Motions Practice and Procedure Guidelines The United States Bankruptcy Court provides the following Guidelines pertaining to motions practice and procedure in the Eastern District of Virginia.
The Court may, in certain instances, impose additional requirements if circumstances warrant. The Guidelines do not alter the requirements regarding appearances at hearings pursuant to Local Bankruptcy Rule 2090-1(H) pr 9013-1(H). Should any Guideline be construed so as to conflict with the Local Bankruptcy Rules of this Court, the provisions of the Local Bankruptcy Rules shall control. Questions regarding the Guidelines may be directed to the Judge’s Courtroom Deputy.
Parties are reminded that the Clerk’s Office is prohibited from providing legal advice. Hearing Dates Hearing dates appear on each Judge’s respective Hearing Dates & Information page on the Court’s website www.vaeb.uscourts.gov. A Judge may require specific matters to be heard on designated dates and/or at designated times. Dates provided may be used only for the matters designated.
A Judge may establish a maximum number of a specific type of matter that one attorney/firm may set for one docket. Counsel should consult a Judge’s Procedures for Hearings page for information regarding sched- uling matters where evidence or legal argument will be presented. Hearings must be set for the Division in which the case is pending, unless permission is otherwise granted. Unless otherwise posted on a Judge’s Procedures for Hearings page, motions must be set for hearing before the Judge to whom the case is assigned.
Counsel is responsible for ensuring a matter is set for the correct date, time, and location. The moving party should view the Court’s website prior to filing a motion to ensure that the hearing date remains available and that the time frame within which the date may be used has not expired. If a hearing needs to be scheduled for a date beyond the dates listed, the moving party should con- tact the Judge’s Courtroom Deputy. Exhibits EXHIBIT 7 The moving party should make a good faith attempt to coordinate a mutually agreeable hearing date with opposing counsel.
If a Motion for Relief from Automatic Stay is scheduled for a preliminary hearing on a date that is more than 30 days after the moving party files the motion, the moving party shall be deemed to have consented to a waiver of its rights under 11 U.S.C. §362(e)(1) relating to the automatic lifting of the stay. The stay shall remain in effect until further order of the Court. (*Further guidance for these motions may be found in the Court’s separate Motions for Relief from Au- tomatic Stay Guidelines.*) If a proposed consent order will be tendered to the Court simultaneously with the filing of a Mo- tion for Relief from Automatic Stay, a hearing should not be scheduled and a hearing date should not be included in the Notice of Motion. Pursuant to Local Bankruptcy Rule 3015-2, objections to confirmation of the original Chapter 13 plan filed in a case must be noticed for hearing for the date, time, and location of the confirma- tion hearing as set forth in the notice regarding the §341 Meeting of Creditors.
Objections to confirmation of a modified Chapter 13 plan must be noticed for hearing for the date, time, and location of the confirmation hearing as set forth in the modified plan. Motions requesting an expedited hearing must comply with Local Bankruptcy Rule 9013-1(N), as well as with any additional requirements set forth on the respective Judge’s Procedures for Hear- ings page. The Court will schedule and send notice of hearing on any motion filed by a pro se individual that requires a hearing. Pursuant to Local Bankruptcy Rule 9010-1, entities other than individuals (e.g., corporations, partnerships, and municipalities) may not proceed pro se and must retain legal counsel.
Proper Notice of Hearing It is the moving party’s responsibility to comply with proper noticing requirements, including service upon all proper parties in accordance with the Federal Rules of Bankruptcy Procedure and the Local Bankruptcy Rules, and to provide the correct date, time, and location of the hearing. If a moving party’s notice of hearing is insufficient, or the moving party has utilized an expired hearing date, the matter may not be heard. Continuances Requests for continuances are governed by Local Bankruptcy Rule 9013-1(J). Telephonic Appearance Information regarding a Judge’s policy concerning telephonic appearances can be found on the Judge’s Procedures for Hearings page.
Cancelling a Hearing Exhibits Hearing cancellations are governed by Local Bankruptcy Rule 9013-1(P). In most cases, hearings must be cancelled via the Hearing Cancellation Module. Instructions for using the Hearing Cancellation Module are linked from each Judge’s hearing dates web page. If you are having difficulty utilizing the Hearing Cancellation Module, please contact the assigned Judge’s courtroom deputy.
EXHIBIT 7 Exhibits EXHIBIT 7 UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF VIRGINIA Motions for Relief from Stay Guidelines The United States Bankruptcy Court provides the following Guidelines pertaining to motions for relief from stay filed in the Eastern District of Virginia. The Court may, in certain instances, im- pose additional requirements if circumstances warrant. The Guidelines do not alter the requirements regarding appearances at hearings pursuant to Local Bankruptcy Rule 2090-1(H). Should any Guideline be construed so as to conflict with the Local Bankruptcy Rules of this Court, the provisions of the Local Bankruptcy Rules shall control.
Questions regarding the Guidelines may be directed to the Judge’s Courtroom Deputy. Parties are reminded that the Clerk’s Office is prohibited from providing legal advice. Motions for Relief from Automatic Stay The following procedure is applicable with respect to motions for relief from stay under §362 and §1301 of the Bankruptcy Code. (Motions for relief from stay against a codebtor in chapter 13 cases under 11 U.S.C. §1301(c)(2) are addressed separately in Section II, below.) The pro- visions of Local Bankruptcy Rule 4001(a)-1 are applicable in relief from automatic stay pro- ceedings as supplemented below.
I. Relief from the Automatic Stay under Sections 362, 1301(c)(1), or 1301(c)(3) The preliminary hearing dates for scheduling motions for relief from stay pursuant to §362, §1301(c)(1), and §1301(c)(3) may be obtained from ➢ the Court’s Internet web site at www.vaeb.uscourts.gov or ➢ by calling the Judge’s Courtroom Deputy. A. Selecting a Preliminary Hearing Date: The moving party (movant) must select a preliminary hearing date from the schedule of preliminary hearing dates provided by the Clerk as set forth above. The date should be selected to permit the response period under Local Bankruptcy Rule 4001(a)-1(C) and/or Local Bankruptcy Rule 4001(a)-1(H)(2) and any additional time required under Federal Rule of Bankruptcy Procedure 9006(f) to elapse prior to the scheduled hearing. If the movant selects a preliminary hearing date that is more than 30 days after filing a motion for relief, the movant shall be deemed to have consented to a waiver of the movant’s rights under 11 U.S.C. §362(e)(1) relating to the automatic lifting of the stay.
The stay shall remain in effect until further order of the Court. Exhibits EXHIBIT 7 If the movant fails to select a preliminary hearing date, the movant shall be deemed to have consented to a waiver of the automatic lifting of the stay pursuant to 11 U.S.C. §362(e), and the Court may, in its discretion, either schedule a hearing on the motion or deny the relief sought. All Amended Motions for Relief from Stay must include an appropriate hearing date. The original preliminary hearing date may only be used if sufficient notice time re- mains prior to the hearing date, pursuant to the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, and the Local Bankruptcy Rules.
The failure to select an appropri- ate hearing date and otherwise comply with these procedures may result in the denial of the relief sought. For Motions for Relief from Stay filed simultaneously with a proposed consent order: DO NOT schedule a hearing or include a hearing date. B. Notice of Motion and Response Period: The movant must prepare a notice of motion, which shall include notice of the appropriate response period together with notice of the date, time, and location of the preliminary hearing. A separate notice of motion (Official Form 420A) is not required, however, unless provided otherwise by the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure or order of the Court.
The motion for relief from stay shall clearly state and conspicuously provide the following notice, which contains the response period applicable to the nature of the relief requested: NOTICE YOUR RIGHTS MAY BE AFFECTED. YOU SHOULD READ THESE PAPERS CAREFULLY AND DISCUSS THEM WITH YOUR ATTORNEY, IF YOU HAVE ONE IN THIS BANKRUPTCY CASE. (IF YOU DO NOT HAVE AN ATTORNEY, YOU MAY WISH TO CONSULT ONE.) IF YOU DO NOT WISH THE COURT TO GRANT THE RELIEF SOUGHT IN THIS MOTION, OR IF YOU WANT THE COURT TO CONSIDER YOUR VIEWS ON THE MOTION, THEN WITHIN 14 DAYS FROM THE DATE OF SERVICE OF THIS MOTION, YOU MUST FILE A WRITTEN RESPONSE EXPLAINING YOUR POSITION WITH THE COURT AND SERVE A COPY ON THE MOVANT. UNLESS A WRITTEN RESPONSE IS FILED AND SERVED WITHIN THIS 14-DAY PERIOD, THE COURT MAY DEEM OPPOSITION WAIVED, TREAT THE MOTION AS CONCEDED, AND ISSUE AN ORDER GRANTING THE REQUESTED RELIEF WITHOUT FURTHER NOTICE OR HEARING.
Exhibits FILING, YOU MUST MAIL IT EARLY ENOUGH SO THE COURT WILL RECEIVE IT ON OR BEFORE THE EXPIRATION OF THE 14-DAY PERIOD. EXHIBIT 7 (**Please note: Pursuant to Local Bankruptcy Rule 4001(a)-1(H)(2), the notice period for motions for relief from the codebtor stay filed pursuant to Sections 1301(c)(1) or (c)(3) is 14 days. The notice period for a motion for relief from the codebtor stay under Section 1301(c)(2) is 20 days.**) C. Service and Transmittal of the Motion and Notice : The movant must serve the Motion and Notice of Preliminary Hearing pursuant to Lo- cal Bankruptcy Rule 4001(a)-1(F), and simultaneously file with the Court, in accordance with Local Bankruptcy Rule 4001(a)-1(E) and in the manner set forth in Section I.D., below, the fol- lowing items: 1. The original motion for relief from stay and notice of hearing captioned as a contested matter; 2. a properly completed proof of service indicating that the movant served the motion for relief from stay upon each party required to receive notice under Local Bankruptcy Rule 4001(a)-1(F); and the proper filing fee.
3.
Registered movant attorney users of the CM/ECF System must file the items set forth in Section I.C. electronically in accordance with the Court’s CM/ECF Policy and the applicable Local Bankruptcy Rules. The filing fee shall be paid by the filer electronically. 2. Non-registered movant attorneys must file with the Court the items set forth in Section I.C., in accordance with CM/ECF Policy 1(C).
The filing fee shall be paid to the Clerk. 3. Movants who are individuals and unrepresented by counsel (pro se) shall file with the Court the items set forth in Section I.C., conventionally, on paper. The filing fee shall be paid to the Clerk.
II. Relief from Codebtor Stay in Chapter 13 Cases under 11 U.S.C. §1301(c)(2) A movant filing a motion for relief from stay against a codebtor in a chapter A. 13 case under 11 U.S.C. §1301(c)(2) must follow the procedures, as set forth in Lo- cal Bankruptcy Rule 4001(a)-1(H), and file the following items in the manner set forth in Section I.D., above: 1. 2. the §1301 motion clearly stating in the caption the subsection of 11 U.S.C. §1301 under which the party is proceeding; the passive notice of motion, which shall include notice of the 20-day Exhibits Page 20 response period and the language set forth in Local Bankruptcy Rule 4001(a)-1(H)(2)(b); and 3. a proof of service certifying proper service of the motion pursuant to Local Bankruptcy Rule 4001(a)-1(F). EXHIBIT 7 If an objection or response is not filed with the Court and served upon the B. movant no later than 20 days from the date of the filing of the motion, the movant should submit to the Court a proposed order granting the relief being sought by the movant.
A hearing need not be scheduled on a § 1302(c)(2) motion unless it is combined in a single pleading with a request for relief under § 362 or § 1301(c)(1) or (3) or an objection is filed. If an objection is filed to the §1301(c)(2) motion, the moving party must select an appropriate hearing date from the assigned Judge’s hearing dates web page located on the Court’s web site and send notice of the hearing. Exhibits UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF VIRGINIA EXHIBIT 8 In re Adoption of Revision to Interim Rule 1007-I Standing Order No. 23-25 ORDER ADOPTING REVISION TO INTERIM RULE 1007-I On October 20, 2008, the National Guard and Reservists Debt Relief Act of 2008 (2008 Act) was enacted into law; and The provisions of the Act became effective December 19, 2008; and The Advisory Committee on Bankruptcy Rules prepared a new Interim Rule 1007-I, Lists, Schedules, and Other Documents; Time Limits; Expiration of Temporary Means Testing Exclusion in addition to an amendment to then Official Form 22A, Statement of Current Monthly Income and Means Test Calculation, which created a new Part 1C therein (currently Official Form 122A-2, Chapter 7 Means Test Calculation). The Committee on Rules of Practice and Procedure of the Judicial Conference of the United States approved the new Interim Rule and form amendment and recommended the adoption of both by the Judicial Conference of the United States to provide for uniform procedures and means by which to implement the Act; and The Judicial Conference of the United States, which had approved both recommendations, transmitted the Interim Rule to the courts for adoption by standing order, effective December 19, 2008; and The Court adopted Interim Rule 1007-I, in its entirety without change, effective December 19, 2008.
Interim Rule 1007-I previously was revised, effective December 1, 2009, to conform to time deadline changes in Federal Rule of Bankruptcy Procedure 1007 (Rule 1007), as follows: the 10-day period in Rule 1007(h) and the 15-day periods in subdivisions (a)(2), (a)(3), (c), (f) of the rule all became 14-day periods, as part of a comprehensive package of changes to time periods in all federal rules of practice and procedure; and Interim Rule 1007-I further was revised, effective December 1, 2010, to conform to a deadline change in Rule 1007(c), as follows: the time for the individual debtor to file the statement of completion of a course in personal financial management in a chapter 7 case was extended from within 45 days after the first date set for the meeting of creditors to within 60 days after the first date set for the meeting of creditors; and It was necessary to make further revision to Interim Rule 1007-I, effective December 19, 2011, to conform to an amendment effected by the National Guard and Reservist Debt Relief Extension Act of 2011 (2011 Act), which extended the 2008 Act’s original three-year period to a seven-year period commencing December 19, 2008; and It was necessary to make further revision to Interim Rule 1007-I, effective December 1, 2012. Exhibits EXHIBIT 8 Current Interim Rule 1007-I incorporates provisions of Federal Rule of Bankruptcy Procedure 1007(c), which were amended effective December 1, 2012. The amendment eliminated from Rule 1007(c) the previously existing time limit for filing the list of creditors in an involuntary bankruptcy case. The previously existing time limit in Rule 1007(c) was inconsistent with the time limit in Rule 1007(a)(2), as amended, effective December 1, 2010; and The reference in Standing Order No. 12-4 Addendum to Standing Order No. 12-4 shall be deemed to reference this standing order; and It was necessary to make further revision to Interim Rule 1007-I, effective December 18, 2015, to conform to an amendment effected by the National Guard and Reservist Debt Relief Extension Act of 2015 (2015 Act), which extends the 2008 Act’s original three-year period to an eleven-year period commencing December 19, 2008; and It is necessary to make further revision to Interim Rule 1007-I, effective August 23, 2019, to conform to an amendment effected by the National Guard and Reservist Debt Relief Extension Act of 2019 (2019 Act), which extends the 2008 Act’s original three-year period to a fifteen-year period commencing December 19, 2008; and It is necessary to make further revision to Interim Rule 1007-I, effective December 19, 2023, to conform to an amendment effected by the National Guard and Reservist Debt Relief Extension Act of 2023 (2019 Act), which extends the 2008 Act’s original three-year period to a 19-year period commencing December 19, 2023.
NOW, THEREFORE, IT IS ORDERED that: Pursuant to 28 U.S.C. section 2071, Rule 83 of the Federal Rules of Civil Procedure and Rule 9029 of the Federal Rules of Bankruptcy Procedure, the attached revised Interim Rule 1007-I is adopted, for the Court, by the chief judge of the Court, effective December 19, 2023, conforming to the 2008 Act and Federal Rule of Bankruptcy Procedure 1007(c), as amended, effective December 1, 2012. For cases and proceedings not governed by the 2008 Act, as amended by the 2011 Act, the 2015 Act, the 2019 Act, and the 2023 Act, the Federal Rules of Bankruptcy Procedure and the Local Rules of this Court, other than Interim Rule 1007-I, as further revised, shall apply. The 2008 Act, as amended by the 2011 Act, the 2015 Act, the 2019 Act, and the 2023 Act, applies only to cases commenced in the nineteen-year period beginning on the effective date of the 2008 Act, December 19, 2008. The reference in Standing Order No. 12-4 Addendum to Standing Order No. 12-4 shall be deemed to reference this standing order.
Interim Rule 1007-I, as revised on the 2023 Act’s December 19 2023, effective date, as attached, shall remain in effect until further order of the Court. Attachment FOR THE COURT: /s/ Frank J. Santoro FRANK J. SANTORO Chief United States Bankruptcy Judge Date: December 21, 2023 Exhibits UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF VIRGINIA EXHIBIT 8 In re Adoption of Revision to Interim Rule 1007-I Standing Order No. 19-11 ORDER ADOPTING REVISION TO INTERIM RULE 1007-I On October 20, 2008, the National Guard and Reservists Debt Relief Act of 2008 (2008 Act) was enacted into law; and The provisions of the Act became effective December 19, 2008; and The Advisory Committee on Bankruptcy Rules prepared a new Interim Rule 1007-I, Lists, Schedules, and Other Documents; Time Limits; Expiration of Temporary Means Testing Exclusion in addition to an amendment to then Official Form 22A, Statement of Current Monthly Income and Means Test Calculation, which created a new Part 1C therein (currently Of- ficial Form 122A-2, Chapter 7 Means Test Calculation). The Committee on Rules of Practice and Procedure of the Judicial Conference of the United States approved the new Interim Rule and form amendment and recommended the adop- tion of both by the Judicial Conference of the United States to provide for uniform procedures and means by which to implement the Act; and The Judicial Conference of the United States, which had approved both recommenda- tions, transmitted the Interim Rule to the courts for adoption by standing order, effective Decem- ber 19, 2008; and The Court adopted Interim Rule 1007-I, in its entirety without change, effective Decem- ber 19, 2008. Interim Rule 1007-I previously was revised, effective December 1, 2009, to conform to time deadline changes in Federal Rule of Bankruptcy Procedure 1007 (Rule 1007), as follows: the 10-day period in Rule 1007(h) and the 15-day periods in subdivisions (a)(2), (a)(3), (c), (f) of the rule all became 14-day periods, as part of a comprehensive package of changes to time peri- ods in all federal rules of practice and procedure; and Interim Rule 1007-I further was revised, effective December 1, 2010, to conform to a deadline change in Rule 1007(c), as follows: the time for the individual debtor to file the state- ment of completion of a course in personal financial management in a chapter 7 case was ex- tended from within 45 days after the first date set for the meeting of creditors to within 60 days after the first date set for the meeting of creditors; and It was necessary to make further revision to Interim Rule 1007-I, effective December 19, 2011, to conform to an amendment effected by the National Guard and Reservist Debt Relief Ex- tension Act of 2011 (2011 Act), which extended the 2008 Act’s original three-year period to a Exhibits EXHIBIT 8 seven-year period commencing December 19, 2008; and It was necessary to make further revision to Interim Rule 1007-I, effective December 1, 2012.
Current Interim Rule 1007-I incorporates provisions of Federal Rule of Bankruptcy Proce- dure 1007(c), which were amended effective December 1, 2012. The amendment eliminated from Rule 1007(c) the previously existing time limit for filing the list of creditors in an involun- tary bankruptcy case. The previously existing time limit in Rule 1007(c) was inconsistent with the time limit in Rule 1007(a)(2), as amended, effective December 1, 2010; and The reference in Standing Order No. 12-4 Addendum to Standing Order No. 12-4 shall be deemed to reference this standing order; and It was necessary to make further revision to Interim Rule 1007-I, effective December 18, 2015, to conform to an amendment effected by the National Guard and Reservist Debt Relief Ex- tension Act of 2015 (2015 Act), which extends the 2008 Act’s original three-year period to an eleven-year period commencing December 19, 2008; and It is necessary to make further revision to Interim Rule 1007-I, effective August 23, 2019, to conform to an amendment effected by the National Guard and Reservist Debt Relief Extension Act of 2019 (2019 Act), which extends the 2008 Act’s original three-year period to a fifteen-year period commencing December 19, 2008. NOW, THEREFORE, IT IS ORDERED that: Pursuant to 28 U.S.C. section 2071, Rule 83 of the Federal Rules of Civil Procedure and Rule 9029 of the Federal Rules of Bankruptcy Procedure, the attached revised Interim Rule 1007-I is adopted, for the Court, by the chief judge of the Court, effective August 23, 2019, conforming to the 2008 Act and Federal Rule of Bankruptcy Procedure 1007(c), as amended, effective Decem- ber 1, 2012.
For cases and proceedings not governed by the 2008 Act, as amended by the 2011 Act, the 2015 Act, and the 2019 Act, the Federal Rules of Bankruptcy Procedure and the Local Rules of this Court, other than Interim Rule 1007-I, as further revised, shall apply. The 2008 Act, as amended by the 2011 Act, the 2015 Act, and the 2019 Act, applies only to cases commenced in the fifteen-year period beginning on the effective date of the 2008 Act, December 19, 2008. The reference in Standing Order No. 12-4 Addendum to Standing Order No. 12-4 shall be deemed to reference this standing order. Interim Rule 1007-I, as revised on the 2019 Act’s August 23, 2019, effective date, as attached, shall remain in effect until further order of the Court.
Attachment FOR THE COURT: /s/Stephen C. St. John Stephen C. St. John Chief United States Bankruptcy Judge Date: November 12, 2019 Exhibits EXHIBIT 8 Interim Rule 1007-I.1 Lists, Schedules, Statements, and Other Documents; Time Limits; Expiration of Temporary Means Testing Exclusion * * * * * (b) SCHEDULES, STATEMENTS, AND OTHER DOCUMENTS REQUIRED. * * * * * (4) 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. * * * * * 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1 Interim Rule 1007-I 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 cer- tain 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. Exhibits Page 26 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 EXHIBIT 8 (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 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 14 days after 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 14 days of the order for relief. In a chapter 7 case, the debtor shall file the statement required by subdivision (b)(7) within 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) Exhibits Page 27 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 EXHIBIT 8 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. * * * * * (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 than14 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 Exhibits Page 28 61 62 63 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). EXHIBIT 8 Exhibits UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF VIRGINIA EXHIBIT 8 In re: Adoption of Revision to Interim Rule 1007-I—Addendum Standing Order No. 12-4—Addendum ORDER ADOPTING REVISION TO INTERIM RULE 1007-I Standing Order No. 12-4 was entered on November 8, 2012.
That or- der makes reference to Official Form 22A, Statement of Current Monthly and Means Test Calculation. This official form was amended effective De- cember 1, 2014, as Official Forms 22A-1and 22A-2. In addition, disclosure of exemptions from the means test was placed in a separate supplement, Official Form 22A-1Supp, which only would be filed when applicable, such as, with respect to certain members of the armed forces who are exempt from the pre- sumption of abuse under the means test, and, accordingly are excused from completing the form. Further, to accommodate the uniform numbering sys- tem change to these official forms, as part of the Forms Modernization Pro- ject, effective December 1, 2015, it is, therefore ORDERED: 1.
Effective on the entry of this order, the reference to Official Form 22A, shall be deemed to reference, as of December 1, 2014, Official Forms 22A-1 and 22A-2, in addition to 22A-1Supp. 2. Effective December 1, 2015, the reference to the official forms set forth in paragraph 1, above, respectively shall reference Official Forms 122A-1, 122A- 2, and 122A-1Supp. 3.
Effective December 1, 2105, the references to Schedules “E, F” in In- terim Rule 1007-I (a)(1) and (a)(2) are changed to reflect the new des- ignations “E/F,” as part of the Forms Modernization Project. Exhibits Page 30 4. All other provisions set forth in Standing Order No. 12-4 remain and continue in EXHIBIT 8 effect unchanged. Dated: November 10, 2015 FOR THE COURT: /s/Stephen C. St. John STEPHEN C. ST. JOHN Chief United States Bankruptcy Judge Exhibits UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF VIRGINIA EXHIBIT 9 In re: Compensation of Debtor’s Counsel in Chapter 13 Cases; Guidelines and Procedures for Chapter 13 Fee Applications Standing Order No. 08-1 ORDER ON FEES FOR DEBTOR’S COUNSEL IN CHAPTER 13 CASES; ADOPTION OF GUIDELINES FOR FEE APPLICATIONS IN CHAPTER 13 CASES FILED ON OR AF- TER OCTOBER 17, 2005; AND PROCEDURES GOVERNING FEES FOR DEBTOR’S COUNSEL IN CHAPTER 13 CASES FILED BEFORE OCTOBER 17, 2005 The Court has determined that adoption of the procedures and guidelines specified in this order will facilitate and provide for uniformity in the consideration of compensation for debtor’s counsel in Chapter 13 cases.
NOW, IT IS THEREFORE ORDERED that: 1. 2. 3. Local Bankruptcy Rule 2016-1(C) and Interim Procedure 2016-1(C) are hereby repealed.
The Guidelines for Fee Applications in Chapter 13 Cases Filed on or After October 17, 2005, (“Guidelines”), attached as Exhibit 1 to this Order, are hereby adopted by the Court. If the initial fee charged to a debtor for routine, expected services in a Chapter 13 case filed on or after October 17, 2005, does not exceed $3,000 plus actual and necessary expenses that do not exceed $300 (other than the filing fee, and charge for credit counseling, and personal financial management, if advanced by the attorney) a formal application for approval and payment of the unpaid amount through the Chapter 13 plan will not be required if (a) the total fee and the unpaid portion is clearly set forth in the Chapter 13 plan, and (b) the fee is consistent with the disclosure of compensation filed under Federal Rule of Bankruptcy Procedure 2016. The Chapter 13 plan and Rule 2016 statement will be treated as the application required by Rule 2016(b), and the order confirming the plan will be treated as an order approving compensation. Any objection to allowance and payment of compensation in the amount stated in the Chap- ter 13 plan must be filed no later than the last day for filing objections to confirmation of the plan.
If no objection is filed, the Court may approve the fee and confirm the plan without holding a hearing. 4. A. The Court expects the initial fee charged in the case to cover, at a minimum, all services that would reasonably be expected in order to obtain confirmation of a plan, and, ultimately, a discharge, including: (1) conferences to review the debtor’s financial circumstances; Exhibits EXHIBIT 9 (2) preparation and filing of the petition and all required schedules, lists, and statements; preparation and filing of a plan; routine telephone calls and correspondence with the debtor, Chapter 13 trustee, and creditors; representation at the meeting of creditors; appearance, if required, at the confirmation hearing; review of the claims register; and assistance to the debtor in filing any certifications required to obtain a discharge after plan payments are completed. (3) (4) (5) (6) (7) (8) B. C. The Court expects the initial fee to normally cover routine motions to vacate a pre-confirmation dismissal of the case and routine pre-confirmation plan modifications needed to address such issues as classification of claims, valuations of collateral, interest rates to be paid on secured claims, arrearage amounts, or amounts to be paid by the debtor.
The Court expects the expenses for which reimbursement is requested must be actual and necessary and supported by documentation as appropriate. A detailed itemization of all such expenses identified by type and the month incurred must be presented to the Chapter 13 trustee and disclosed pursuant to Federal Rule of Bankruptcy Procedure 2016. Any application for an initial fee in excess of $3,000 or for supplemental fees, re- gardless of the amount, must conform to Rule 2016(b) and the Guidelines adopted by the Court. The Guidelines include both procedural requirements as well as policy statements.
The attorney shall not send a bill directly to the debtor. Should the debtor receive a bill from that person’s attorney, the debtor should send a copy of such bill to the standing trustee. Requests for fees and reimbursement of expenses in Chapter 13 cases filed before October 17, 2005, shall be governed by the procedural requirements set forth in Procedures Governing Fees for Debtor’s Counsel in Chapter 13 Cases Filed Before October 17, 2005, (“Procedures”), attached as Exhibit 2 to this Order, which are hereby adopted by the Court. This order shall take effect on March 17, 2008, and shall govern all Chapter 13 cases in this district except those assigned to the Honorable Robert G. Mayer.
Exhibits Page 33 5. 6. 7. 8.
Dated: March 14, 2008 EXHIBIT 9 /s/ Douglas O. Tice, Jr. DOUGLAS O. TICE, JR. Chief United States Bankruptcy Judge /s/ Stephen S. Mitchell STEPHEN S. MITCHELL United States Bankruptcy Judge /s/ Stephen C. St. John STEPHEN C. ST. JOHN United States Bankruptcy Judge /s/ Kevin R. Huennekens KEVIN R. HUENNEKENS United States Bankruptcy Judge /s/ Frank J. Santoro FRANK J. SANTORO United States Bankruptcy Judge Exhibits EXHIBIT 9 EXHIBIT 1 UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF VIRGINIA GUIDELINES FOR FEE APPLICATIONS IN CHAPTER 13 CASES FILED ON OR AFTER OCTOBER 17, 2005 1. Purpose The Guidelines for Fee Applications in Chapter 13 Cases Filed on or After October 17, 2005, (“Guidelines”) have been adopted by the Court to specify the format and procedures for submission of fee applications by attorneys representing the debtor in a Chapter 13 case and to set forth the policies and standards that will normally be followed by the Court in evaluating such applications. Compliance by applicants with the procedural requirements is mandatory, but applicants are free to apply for a fee at variance with the policy statements provided the application clearly identifies any such variance. 2.
Procedural Requirements a. Initial fee applications for amounts in excess of $3,000.00, and all supplemental fee applications, must be supported by detailed, contemporaneous time and expense records from the beginning of the case showing, for each discrete activity, the date, time ex- pended, identity of the attorney or paralegal providing the service, and amount re- quested. If a prior fee application has included time records and from the beginning of the case, a subsequent application need include only time and expense records covering the period subsequent to the earlier application provided the current application iden- tifies (by date and docket entry number) the earlier application. b. For the purpose of these Guidelines, a “contemporaneous” time or expense record is one made at or near the time of the activity being recorded or the expense being incurred, but in any event no later than the next business day. Any time entry that has been recon- structed because contemporaneous records were not made, or, if made, are not available, must be clearly identified, and an explanation provided for the absence of a contemporane- ous record. c. Every application for compensation, whether initial or supplemental, shall state the period covered by the application. Time entries should be shown to the nearest tenth of an hour (i.e., the nearest 6 minutes), and travel time should be shown separately from any court appearance or other out-of-office activity to which it relates.
Expenses such as postage, long-distance, PACER charges, and on-line research costs must be billed at actual cost and without markup. Copying performed using a commercial copy service must be billed at actual cost and without markup. The Court will accept a maximum $0.15 per page as the actual cost (paper and consumables such as toner, etc.) for in- house copying and incoming facsimile transmissions unless the applicant can demonstrate that the actual cost is higher; no charge will normally be allowed for outgoing facsimile transmissions except for associated long-distance charges billed at actual cost. Exhibits Page 35 d. An exception to the requirement for contemporaneous time and expense records is allowed where the requested application is solely for one or more of the following services, and the amount requested does not exceed the amount shown: EXHIBIT 9 Description Defense of motion for relief from automatic stay (settled) Defense of motion for relief from automatic stay (contested hearing) Defense of motion to dismiss (settled) defense of motion to dismiss (contested hearing) Post-confirmation plan modifications (uncontested) Post-confirmation plan modification (contested hearing) Motion to approve sale or refinance of real prop- erty Application to incur debt Motion to vacate dismissal Objection to claim (uncontested) Objection to claim (contested hearing) Amount $250 $575 $150 $500 $250 $500 $500 $300 $250 $100 $500 e. For each attorney or paralegal providing services, the application shall state the person’s name, status (attorney or paralegal), years admitted to practice (if an attorney), hourly rate, total hours, and requested compensation. f. The application shall affirmatively state the amount, if any, o
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