UNITED STATES BANKRUPTCY COURT DISTRICT OF NEVADA

Transcription

1 UNITED STATES BANKRUPTCY COURT DISTRICT OF NEVADA SUMMARY OF BANKRUPTCY LOCAL RULE CHANGES The United States Bankruptcy Court s local rules were updated on January 1, 2016 pursuant to General Order NOTE: This document contains only a summary of selected rules and is intended to address only those amendments that may have the greatest immediate effect on your practice. Practitioners are encouraged to review all the amendments in detail. A redline version is available on the court s website. RULE # TITLE - SUMMARY SUMMARY OF CHANGES 1001 TITLE AND SCOPE OF RULES % Changes were done to include specific reference to proposed findings of fact and conclusions of law to be filed with district court. Updated effective date of the local rules and some administrative orders will stay in effect PETITION - GENERAL % Clarification re: sole proprietorship. % was deleted and incorporated into this LR PETITION - CAPTION % Added that signatures are required in all appropriate sections because of the recent form changes INSTALLMENTS % The initial installment filing fee payment is due within 2 business days, instead of 30 days SCHEDULES; STATEMENTS AND MAILING LIST % Subsection (d), the extension of time motion will be set on a normal hearing date schedule. % Subsection (e) added specific citation, and added UST to be able to request information and documentation RELATED CASES % Removed chapter 7 from section (f). If a debtor files a chapter 13 case within 2 years (increased from 1 year) of a prior dismissed chapter 13 case, the trustee that administered the prior case will be assigned to it CH 11 ASSIGNMENT % Deleted pursuant to Administrative Order NOTICE % Subsection (a)(3) added information on possible consequences if a certificate of service is not filed. % Subsection (l) is new, and delegates the chapter 13 noticing requirements for the initial confirmation hearing to the debtor. % Incorporated Administrative Order EXAMINATIONS % Minor changes to clarify when the clerk can sign an order of examination. Page -1-

2 2014 ATTORNEY OF RECORD % Subsection (a) revised to allow an attorney in a reopened case to withdraw. % Subsection (b) modified so if a withdrawing attorney is disbarred, their signature is not required for the substitution CH 11 FINANCIAL REPORTS % Deleted reference to Official Form number CH 7 TRUSTEE REIMBURSEMENT % Incorporated Administrative Order Trustees can pay court filing fees with a credit card and reimbursed without an order CLAIMS - GENERAL % A proof of claim should be filed using the most current Official Form PROOF OF CLAIM % An amended proof of claim is required for an address change regarding payments. % Style changes and removal of the Official Form number. % Incorporated Administrative Order NOTICE PRINCIPLE RESIDENCE % New rule. Clarification regarding notice of final cure payment if no response is filed CLAIMS-OBJECTIONS % If a response to an objection is filed, the court may treat the initial hearing a status and scheduling hearing. % Objection must state the amount that is in dispute UNCLAIMED FUNDS-CH 11 % Incorporated Administrative Order regarding unclaimed funds for liquidating chapter 11 cases CH 13 SECURITY VALUATION 3015 CH 13 PLAN AND CONFIRMATION CH 13 MORTGAGE MODIFICATION MEDIATION DESTRUCTION CH 13 PLAN ORDERS % Title was modified to reflect the content and reference to LR 7004 was deleted. % Subsection (a) was changed from format to form. % Subsection (e) delegated the notice of confirmation hearing to the debtor. % Subsection (h) incorporated Administrative Orders and into this LR for the conduit payments and refunds to the debtor. % Incorporated Administrative Order % The Mortgage Modification Mediation Program expanded district wide. % This was renumbered from CH 11 PLAN; HEARINGS % Debtor must schedule a status hearing if plan is not filed within 6 months CONFIRMATION; DISCLOSURE STATEMENTS % Deleted the Official Form number CH 11 BALLOTS % Subsection (b) the original ballots should be delivered to the plan proponent, and clerk will forward any received by the court. % Section (d)(2) clarification regarding maintaining of ballots if the case is dismissed. Page -2-

3 3019 CH 11 PLAN MODIFICATION % Comparison of the modified plan language must be filed along with the notice of confirmation hearing CH 11 - CONFIRMATION % Deadlines changed for filing declarations relating to the chapter 11 confirmation hearing CH 11 FINAL DECREE % Amended rule so this applies only to non-individual chapter 11 cases CH 11 DISCHARGES % Clarified that a motion for entry of discharge and final decree for an individual is needed AUTOMATIC STAY RELIEF; OTHER RELIEF AND EMERGENCY ORDERS % Clarification was made regarding the 362 information sheet and attempts to resolve the dispute. % Changed the deadlines to be in business days. % Trustee s signature not required when the property is claimed as exempt CH 13 DEBTOR DUTIES % Subsection (a) clarified the transfer of property and incurring new debt. % Deletion of aggregate FRAUDULENT STATEMENTS % Changed the word schedule to document in items where the court may find there are materially fraudulent statements. The rule was also revised so the court may refer the matter, instead of must promptly ELECTRONIC FILING AND SERVICE 5009 CH 13 DISCHARGE AND CLOSING 5011 WITHDRAWAL OF REFERENCE 5075 CLERK - DELEGATED ORDERS 6006 PERSONAL PROPERTY RELEASE % Subsection (a)(4)(f) is new, a proof of claim filed through EPOC or EfinCert are exempt from the electronic filing requirement. % Subsection (d) removed the requirement for attorneys to notify the ECF department in writing of a change of address because parties can perform these functions in CM/ECF themselves. % Incorporated Administrative Order % Pre BAPCPA sections were deleted. % Subsection (c) now requires a debtor who files a hardship discharge motion to schedule a hearing. % Time period changed to 45 days instead of within 14 days. % The revision of this LR now transfers the withdrawal of reference immediately once a withdrawal of the reference is filed. % Any other withdrawal documents must be filed in District Court. % Subsection (a)(2)(p), orders to withdraw the required court fee from the registry account. % The investments program used for registry funds automatically deducts the required court fee. % Subsection (a)(2)(r) was modified so it applies to all orders to refund fees. % Added orders of referral to the court s Mortgage Modification Medication Program. % Title and rule was modified to refer to a personal property lease instead of a contract ADVERSARY COVER SHEET % The title and rule was modified to change proceedings to complaints. % The rule deleted the reference to the Official Form name. Page -3-

4 7004 ELECTRONIC SERVICE % This rule was deleted because it was duplicative of the FRBP CONSENT FINAL ORDER % This rule was modified to clarify consent FORM REQUIREMENTS % Updated caption requirements CONSENT FINAL ORDER % Clarification regarding consent PRETRIAL PROCEDURES % Language in subsection (b)(1) was revised to add the standard deadlines as part of this section PRETRIAL PROCEDURES; CONSENT FINAL ORDER % The language for the first status conference for contested matters was removed. Removed language for core proceedings GENERAL DISCOVERY % Clarification was made regarding standard discovery plan and information on the court s website DEPOSITION- ORAL % Clarification regarding deposition transcripts DEPOSITION - WRITTEN % Clarification regarding deposition transcripts DEPOSITIONS IN ADVERSARY PROCEEDINGS % Title was modified to include contested matters. % Subsection (c)(3) added unless otherwise ordered by the court DOCUMENT PRODUCTION % Language was modified to be consistent with LR ALLEGATIONS MENTAL/PHYSICAL HEALTH % Title was changed to be consistent with the purpose of the local rule DISCOVERY MOTIONS % Additional language was added to ensure that an Order Shortening Time is filed pursuant to LR COSTS-TAXATION/PAYMENT % Changed reference to the District Court s local rules SUMMARY JUDGMENTS % Declarations were added SUPERSEDEAS BONDS % Deleted since it duplicated federal rules INJUNCTIONS % Deleted since it duplicated federal rules REGISTRY FUNDS % Incorporated Admin Order APPEALS FOR BAP % The title was updated to remove reference to USDC, to reflect the substance of the local rule APPEAL DESIGNATION OF RECORD % Deleted to follow the federal rule. Page -4-

5 8007 TRANSMISSION RECORD ON APPEAL % Deleted to follow the federal rule BRIEFS AND APPENDIX % This was renumbered from LR 8009 to match the federal rule DUTIES DISTRICT CLERK % This was deleted LOCAL RULES OF CIRCUIT AND DISTRICT COURT 8070 DISMISSAL FOR NONPROSECUTION 9004 FORM AND RETENTION REQUIREMENTS % Deleted reference to LR 8070 which was deleted. % This was deleted since the authority to dismiss lies with the appellate court. % Subsection (c)(1)(b), signatures other than the filing user may now be indicated by a /s/. % Subsection (c)(1)(e), in individual chapter 11 cases, the debtor can t use the /s/, they must scan and file with the court an original signature on the petition and any amendments to the petition. % Subsection (e) was clarified so it only refers to motion exhibits. Caption was updated. Subsection (f) is new, cross references a new LR on trial exhibits ORDER SHORTENING TIME % The rule was modified to add declarations. In addition, some grammatical changes were made. % Written oppositions not required and oppositions may be presented orally at the hearing REPRESENTATION AND APPEARANCE NEGATIVE NOTICE PROCEDURE CONTESTED MATTERS - FINAL ORDER % Deleted the exception for a bankruptcy trustee for a corporation or partnership to be exempt from being represented by an attorney. % Subsection (a)(7) is new. Motions to pay taxes under 503(b) were added to the negative notice list, and motions to value collateral were removed. % An objecting party must give not less than 28 days notice, and replies must be filed and served not later than 7 days before the hearing. % This rule was revised to clarify what happens if parties fail to consent. % Remove reference to core proceedings JURY TRIALS % Removed references to core. Additional language requiring consent on the record, if not in writing SERVICE OF SUBPOENA % Deleted reference to LR ALTERNATIVE DIRECT TESTIMONY 9019 SETTLEMENTS AND AGREED ORDERS % Title was modified to include evidentiary hearings. % Subsection (d)(3) was updated to include information on how trial exhibits should be presented. % Exhibits to be lodged five (5) days prior to trial instead of two (2). % Subsection (d) is new. Motions to approve settlements, along with the notice of hearing and resulting order should be filed in both the main and adversary case(s) Page -5-

6 9021 ENTRY OF JUDGMENTS AND ORDERS % Revised subsection (d) so Orders with no hearing and no objections must follow the negative notice local rule REMOVAL AND CONSENT % Renumbered to 9027 from Removed reference to core proceedings REVIEW OF PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW % Renumbered to 9033 from Removed reference to core proceedings PRIVACY-REDACTION % Incorporated Administrative Order % Deleted the requirement to pay a reopening filing fee to redact. Page -6-