SUBMISSIONS OF ORDERS, FINDINGS OF FACT AND CONCLUSION OF LAW
U.S. Bankruptcy Court for the Southern District of Georgia
U.S. Bankruptcy Court for the Southern District of Georgia
(a) Motion Practice. At the time of filing a motion seeking any relief in this Court, the movant shall file along with the motion, a proposed order containing appropriate recitations of fact and of law in support of the relief sought, consistent with the evidence which movant reasonably believes will be established at the hearing concerning said motion. (b) Exception. Rule LBR 9072-1(a) shall not apply to motions for relief from a stay filed pursuant to 11 U.S.C. s 362 in cases filed under Chapters 7, 12, or 13, unless the notice of the hearing issued by the Clerk contains an express requirement that a proposed order be filed along with movant's certificate of service.
(c) Adversary Proceedings. In all adversary proceedings, plaintiff and defendant shall separately file with the Court, not later than the date and time scheduled for trial a set of proposed findings of fact and conclusions of law, based on evidence which each reasonably believes will be proven at trial, and containing relevant legal authority to support the conclusions reached. (d) Counsel Identification. Whenever any proposed order is submitted for entry by the Bankruptcy Court, including a consent order, the proposed order shall identify the attorney who prepared the order, the name of the party represented by such attorney, and shall include the attorney's signature, name, address, telephone number, and Georgia State Bar number, if the attorney is a member of the State Bar of Georgia.
In order to insure uniformity of practice in all Courts in the Southern District of Georgia, the intent of these rules is to incorporate as Rules of Practice in Bankruptcy Court, to the maximum extent possible, all applicable rules of the United States District Court. In cases of conflict between these Local Rules and the Federal Rules of Bankruptcy Procedure, except where the Federal Rules of Bankruptcy Procedure permit variations by Local Rule, or in matters not addressed by these Local Rules, the Federal Rules of Bankruptcy Procedure shall govern. Whenever possible, the Local Rules and Federal Rules of Bankruptcy Procedure shall be read consistently. Without in any way limiting the generality of the foregoing, the following District Court Local Rules are applicable in bankruptcy cases and proceedings: RULE SUBJECT LR 2.1 LR 2.3 LR 3.1 LR 5.1 Six Divisions (with the additional subparagraph: "(g) Venue-- Bankruptcy Proceedings.
All adversary proceedings and contested matters which are properly filed in this district shall be brought in the division in which the bankruptcy case is pending.") Transfer of Civil Case Refiled Cases Certification of Service Local Bankruptcy Rules, Southern District of Georgia – current as of May 2017. LR 7.1, 7.2, & 7.5 Motions (shall apply only if directed by the Bankruptcy Judge or by the Notice issued by the Bankruptcy Clerk of Court.) LR 7.1.1 Disclosure Statement LR 7.3 LR 7.4 Orders Made Orally in Court Time for Filing Civil Motions LR 10.1 Pleadings LR 11.1 Counsel Identification (substituting the reference to Federal Rule of Civil Procedure 11 with Federal Rule of Bankruptcy Procedure 9011) LR 16.1(b) Scheduling Order (Exceptions) LR 16.2 Status Conference LR 16.3 Time for Filing Motions to Amend or to Join Other Parties LR 16.4 Pretrial Order LR 16.5 Pretrial Conference LR 16.6 Dismissal LR 26.1 Time Limitations (with the additional subparagraph: "(f) In Bankruptcy cases and proceedings, the Court may shorten the discovery period after conducting a conference pursuant to Federal Rule of Bankruptcy Procedure 7016.") LR 26.2 Extensions of Time LR 40.1 Continuances LR 40.2 Absence of Witnesses LR 41.1 Dismissal For Want of Prosecution LR 56.1 Motions for Summary Judgment LR 67.1 Deposit and Disbursement of Funds LR 77.1 Proper Notice to Adversary LR 77.2 Judge to Whom Request Submitted LR 77.3 Filing of Orders LR 79.3 Original Transcripts LR 79.4 Exhibits and Documents LR 79.5 Closed Files LR 83 Attorneys, Court Facilities, and Business Local Bankruptcy Rules, Southern District of Georgia – current as of May 2017.
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