Court Rules
Bankruptcy

Judge Carl L. Bucki

Individual Rules, Standing Orders & Policies

Western District of New York
Filters:AllMandatoryImportantTRO/Injunction

Document Filing Requirements7 rules

Filing RequirementsCivil cases

Checked against the court's document on Oct 4, 2026Mandatory

Section 3.1 must direct post-petition mortgage payments to be made directly by the Debtor unless the Trustee agrees otherwise.

Section 3.1 − WDNY is not a "conduit mortgage" district. Consequently, the inclusion of post−petition mortgage payments to be paid by or through the Trustee generally is prohibited. This section must provide that all post−petition mortgage payments are to be made by the Debtor directly to the mortgagee or its servicer, unless the Trustee agrees otherwise.

Document Type

Chapter 13 Plan

Specific requirements detailed in rule text.
Chapter 13 Case Order Buffalo · p. 1|SecCHAPTER 13 CASE MANAGEMENT ORDER − BUFFALO −
Filing RequirementsCivil cases

Checked against the court's document on Oct 4, 2026Mandatory

The Plan must be a fixed percentage plan rather than a fixed payment plan unless the Trustee recommends otherwise.

Section 5.1 − The plan must be a fixed percentage plan, not a fixed payment plan, unless the Trustee recommends otherwise.

Document Type

Chapter 13 Plan

Specific requirements detailed in rule text.
Chapter 13 Case Order Buffalo · p. 1|SecCHAPTER 13 CASE MANAGEMENT ORDER − BUFFALO −
Filing RequirementsCivil cases

Checked against the court's document on Oct 4, 2026Important

If a Chapter 13 Plan conflicts with the Confirmation Order, the Confirmation Order controls.

To the extent that the contents of a Chapter 13 Plan contradict the "Chapter 13 Plan Confirmation Order," the provisions of the "Chapter 13 Plan Confirmation Order" supersede the terms of the Chapter 13 Plan.

Document Type

Chapter 13 Plan

Specific requirements detailed in rule text.
Chapter 13 Case Order Buffalo · p. 2|SecCHAPTER 13 CASE MANAGEMENT ORDER − BUFFALO −
Filing RequirementsCivil cases

Checked against the court's document on Oct 4, 2026Note

The Plan may state “TBD” or “Unknown” for amounts that are unknown in Sections 3.3 and 4.2.

Sections 3.3 and 4.2 − It is appropriate to use "TBD," or "Unknown" if the amounts are unknown.

Document Type

Chapter 13 Plan

Specific requirements detailed in rule text.
Chapter 13 Case Order Buffalo · p. 1|SecCHAPTER 13 CASE MANAGEMENT ORDER − BUFFALO −
Filing RequirementsCivil cases

Not confirmed. Read the court's wording below.Mandatory?

The Plan must be on "Official Form 113" − a non−conforming Plan will not be considered for confirmation. If you have not already used that Form, you must file an "Amended Plan" using Form 113.

Summary: A Chapter 13 Plan must use Official Form 113; if it did not, an amended Plan using Form 113 must be filed.

Document Type

Chapter 13 Plan

Specific requirements detailed in rule text.
Chapter 13 Case Order Buffalo · p. 1|SecCHAPTER 13 CASE MANAGEMENT ORDER − BUFFALO −
Filing RequirementsCivil cases

Not confirmed. Read the court's wording below.Mandatory?

Section 2.31 − The Plan will not be confirmed if the second box in this section is checked.

Summary: A Plan will not be confirmed if the second box in Section 2.31 is checked.

Document Type

Chapter 13 Plan

Specific requirements detailed in rule text.
Chapter 13 Case Order Buffalo · p. 1|SecCHAPTER 13 CASE MANAGEMENT ORDER − BUFFALO −
Filing RequirementsCivil cases

Not confirmed. Read the court's wording below.Mandatory?

This section must be completed so that it provides that Property of the Estate will vest in the Debtor upon plan confirmation.

Summary: Section 7.1 must provide that estate property vests in the Debtor upon plan confirmation.

Document Type

Chapter 13 Plan

Specific requirements detailed in rule text.
Chapter 13 Case Order Buffalo · p. 2|SecCHAPTER 13 CASE MANAGEMENT ORDER − BUFFALO −

Filing & Service rules

Service and Proof of Service Rules

Section 522(f) motions must be filed and served under Rule 7004, and a certificate of service must be filed promptly.

Motions under § 522(f) must be filed and served in the manner provided for in Rule 7004 FRBP, and a certificate of service must be promptly filed.

Checked and corrected to match the court's document on Oct 4, 2026 · Civil cases

Page 1 | CHAPTER 13 CASE MANAGEMENT ORDER − BUFFALO −

Section 506 motions must be filed and served under Rule 7004, and a certificate of service must be filed promptly.

Motions under § 506 must be filed and served in the manner provided for in Rule 7004 FRBP, and a certificate of service must be promptly filed.

Checked and corrected to match the court's document on Oct 4, 2026 · Civil cases

Page 1 | CHAPTER 13 CASE MANAGEMENT ORDER − BUFFALO −

If the Court has not served the Plan, the Debtor must serve it on all creditors, the Trustee, and other parties in interest, then file proof identifying the service date, method, and recipients’ names and addresses.

Whenever the Court has not served the plan, the Debtor must serve a copy of the original Chapter 13 Plan on all creditors, the Chapter 13 Trustee, and other parties in interest, and the Debtor must file proof of service of the Chapter 13 Plan, specifying the date, manner of service, and the names and addresses of all parties upon whom the Plan was served.

Checked and corrected to match the court's document on Oct 4, 2026 · Civil cases

Page 2 | CHAPTER 13 CASE MANAGEMENT ORDER − BUFFALO −

Relief contrary to a case-specific Case Management Order must be sought under the applicable Bankruptcy Rules and accompanied by proof of service on affected parties under Rule 7004.

ANY relief sought by the Debtor that is contrary to the provisions of the Case Management Order issued in a particular case must be brought in the appropriate manner, under the Federal Rules of Bankruptcy Procedure, accompanied by proof of service on any affected party in the manner required by Rule 7004 FRBP.

Checked and corrected to match the court's document on Oct 4, 2026 · Civil cases

Page 2 | CHAPTER 13 CASE MANAGEMENT ORDER − BUFFALO −

Pre-Motion Conference Requirements

Lien avoidance under other Bankruptcy Code provisions must be sought by adversary proceeding under Rule 7001(2).

Lien avoidance under any other SA provision of the Bankruptcy Code must be sought by adversary proceeding, as required by Rule 7001(2) FRBP.

Checked and corrected to match the court's document on Oct 4, 2026 · Civil cases

Page 1 | CHAPTER 13 CASE MANAGEMENT ORDER − BUFFALO −

Lien avoidance under 11 U.S.C. § 506 or 522(f) must be sought by stand-alone motion.

If a lien is to be avoided, a stand−alone motion must be brought under 11 U.S.C. § 506 or 522(f).

Checked and corrected to match the court's document on Oct 4, 2026 · Civil cases

Page 1 | CHAPTER 13 CASE MANAGEMENT ORDER − BUFFALO −

Requests to determine the value of a secured claim must generally be brought by stand-alone motion under 11 U.S.C. § 506.

Except as indicated hereafter, all requests to determine the value of a secured claim must be brought by stand−alone motion under 11 U.S.C. § 506.

Checked and corrected to match the court's document on Oct 4, 2026 · Civil cases

Page 1 | CHAPTER 13 CASE MANAGEMENT ORDER − BUFFALO −

A stand-alone motion is not required when the secured-claim value is fixed or negotiated under the stated conditions and the valuation is entered into the record at confirmation or by filed stipulation.

A stand−alone motion is not required if the value of a secured claim is fixed M at the Meeting of Creditors at a value equal to or greater than the valuation set forth in the Plan or is negotiated by the Debtor and the affected creditor at the Section 341 Meeting of Creditors, and such valuation is made a part of the record at the confirmation hearing or by stipulation filed on the docket.]

Checked and corrected to match the court's document on Oct 4, 2026 · Civil cases

Page 1 | CHAPTER 13 CASE MANAGEMENT ORDER − BUFFALO −

About United States District Judge Carl L. Bucki

# Chief Judge Carl L. Bucki Judge Carl L. Bucki began his service with the United States Bankruptcy Court on December 30, 1993. Since January 1, 2007, he has served as Chief Bankruptcy Judge for the Western District of New York.

Copies of Motions and Chapter 13 petitions. - Do Not include Tax Returns, especially with Social Security Numbers on them. - DO NOT stamp "CHAMBERS COPY” on orders. - Please submit only ONE copy.  The Clerk's office does not require a copy. Chapter 11 Chapter 11: • The Bankruptcy Court for the Western District of New York is a mandatory e-filing court. All filings must be done in CM/ECF, unless a waiver has been granted. If you have received a waiver, please consult the [Local Rules](https://www.nywb.uscourts.gov/court-info/local-rules-and-orders) or contact the Bankruptcy Clerk’s office for information on filing in paper. • Petition Page and Signature Page with /s/ slash or original signature of attorney and debtor(s). These pages must be filled in completely with all appropriate boxes checked. • Schedules A-J. • Summary of Schedules and Statistical Summary of Certain Liabilities and Related Data (Form 6). • List of Equity Security Holders. • Exhibit "A" (if applicable) • List of 20 Largest Unsecured Creditors. • Rule 2016(b) (Attorney's Disclosure Statement) with /s/ slash or original signature of attorney. • Statement of Intention: Regarding Secured Consumer Debts (only if debtor is an individual). • Corporate Resolution (if applicable). • Creditor must be uploaded as a .txt file at the time of filing the petition. Chapter 13 Chapter 13:     Beginning December 1, 2017, use of the [National Model Chapter 13 Plan (link is external)](https://www.uscourts.gov/forms/bankruptcy-forms) will be required district-wide.  The Buffalo Division and Rochester Division will issue a [Case Management Order](https://www.nywb.uscourts.gov/sites/nywb/files/Chapter%2013%20Case%20Order%20Buffalo.pdf) for each Chapter 13 case filed on or after that date, setting out requirements and procedures for use of the new Model Chapter 13 Plan.  The Case Management Order may be modified in the future, if deemed necessary by the Court.  Therefore, counsel are expected to carefully review _the specific Case Management Order entered for each Chapter 13 case that they file_.     Counsel are urged to become familiar with the National Model Chapter 13 Plan and each Division’s Case Management Order before the December 1st effective date. Adversary Proceedings Adversary Proceedings: An Adversary Proceeding (AP) is a civil action in the bankruptcy case, and is commenced by the filing of a Complaint. PLEASE NOTE: The Bankruptcy Court for the Western District of New York requires all matters pertaining to a bankruptcy case, including Adversary Proceedings, to be filed by attorneys electronically through CM/ECF. If you are not an attorney, or fall under an exception to the e-filing requirement, please contact the Clerk’s Office for information on filing requirements. **To commence an Adversary Proceeding, it is necessary to file:** • A Complaint signed by the attorney, or by the plaintiff, if not represented by an attorney; and • If not e-filed, an [Adversary Proceeding Cover Sheet](https://www.nywb.uscourts.gov/new-york-western-cover-sheets) with the complete names and addresses of the Plaintiff and Defendant. All boxes should be completed accordingly. If applicable, please include the amount of damages demanded which must be consistent with the amount demanded in the Complaint. Be sure to use the current version of the Adversary Proceeding Cover Sheet. • Please consult the [Bankruptcy Court Fee Schedule](https://www.nywb.uscourts.gov/financial-information) to determine if a fee is required and if so, the amount of the filing fee. **Service** • The plaintiff must submit a proposed summons with the complaint. • Federal Rule of Bankruptcy Procedure (FRBP) 7004 governs service of the Summons and Complaint. **Scheduling Matters in Adversary Proceedings** • For Adversary Proceeding Scheduling matters, please contact Marcy Gentz, (716) 362-3281. **Pre-Trial Conference** • Upon receipt of an Answer, the Court will send a Notice of Pre-Trial Conference. The Pre-Trial Conference may be held either in person or by telephone. Appeals Appeals: A bankruptcy appeal filed in this district is appealed to the U.S. District Court for the Western District of New York.  The general procedure for filing an appeal is as follows, although parties are urged to consult the Bankruptcy Rules for specific requirements: • NOTE:  The Bankruptcy Court for the WDNY is a mandatory e-filing court.  To properly electronically file an appeal in CM/ECF, you must docket under **BANKRUPTCY > APPEAL > NOTICE OF APPEAL** **.**  If you have a waiver from e-filing, or are pro se party without an attorney, please refer to the [Administrative Procedures](https://www.nywb.uscourts.gov/administrative-procedures-and-orders) for the requirements for filing an appeal in paper, or contact the Bankruptcy Clerk’s office. • An appeal from a final judgment, order or decree of a Bankruptcy Judge is taken by the filing of a Notice of Appeal with the Bankruptcy Clerk. An appeal of an interlocutory judgment, order or decree is taken by the filing of a Notice of Appeal and motion for leave to appeal. See., Bankruptcy Rule 8001(a) and (b). The Notice of Appeal must be filed within the time allowed by the Bankruptcy Rules. • The Notice of Appeal must conform to the Official Form and must contain the name(s) of all parties to the judgment, order, or decree appealed from, and the names, addresses, and telephone numbers of their respective attorneys, and be accompanied by a civil cover sheet ( [Form JS-44](https://www.nywb.uscourts.gov/new-york-western-cover-sheets)), and the statutory filing fee. **See,** [Bankruptcy Court Fee Schedule](https://www.nywb.uscourts.gov/financial-information), 28 U.S.C. §1930. • If an adversary proceeding is the subject of an appeal, the exact caption, the bankruptcy case number, and the adversary proceeding number must be noted on the Notice of Appeal. **Direct Appeal** In 2005, Congress added new provisions allowing direct appeals to the circuit court, bypassing the normal route through the district court.  28 U.S.C. § 158(d)(2).  A party may take a direct appeal: • Where “there is no controlling decision of the court of appeals for the circuit or of the Supreme Court of the United States, or involves a matter of public importance” 28 U.S.C. 158(d)(2)(A)(i); • If the case “involves a question of law requiring resolution of conflicting decisions” 28 U.S.C. 158(d)(2)(A)(ii); or • “An immediate appeal…may materially advance the progress of the case or proceeding…” 28 U.S.C. 158(d)(2)(A)(iii). See, Bankruptcy Rule 8001(f) for the requirements for a direct appeal. A direct appeal must be electronically filed in CM/ECF, unless the filer has a waiver or is proceeding pro se.  To properly file a direct appeal, docket under **BANKRUPTCY > APPEAL > NOTICE OF APPEAL**. Amendments Amendments: The procedure for filing Amendments is as follows: • Amendments must be e-filed in CM/ECF. If you have questions as to how to file an amendment electronically, please contact the court. • Local Rule 1009-1 and Standing Order dated June 9, 1999 require that an [Amendment/Schedule Cover Sheet](https://www.nywb.uscourts.gov/new-york-western-cover-sheets) be attached to amended schedules, lists, etc. The current version of the Amendment/Schedule Cover Sheet must be used. This applies to: (1) Amendments to information previously filed; (2) Adding information not previously filed; or (3) Schedules/Lists required for conversions (Rule 1019), i.e., post-petition debts. • Each item being amended must be checked in the appropriate section on the Amendment/Schedule Cover Sheet. • The attorney (or pro se debtor) and debtor(s) must affix an /s/ slash or original signature to the unsworn declaration. • Fed.R.Bankr.P. 1009(a) requires the debtor to give notice of the amendment to the trustee and any affected party. An /s/ slash or original signature of the attorney (or pro se debtor) verifying that the service requirement has been accomplished must be affixed on the Amendment/Schedule Cover Sheet in the space provided or on a separate [Certificate of Service](https://www.nywb.uscourts.gov/new-york-western-procedural-forms) accompanying the amendment. • If you are adding creditors with your amendment, upload only those creditors being added. An Amendment Fee will be imposed in accordance with the [Bankruptcy Fee Schedule](https://www.nywb.uscourts.gov/financial-information) and Bankruptcy Fee Compendium. • Amendments may be filed at any time prior to the closing of a case. If a case has been closed, an amendment may be filed only after the case has been re-opened. • PLEASE NOTE: Reopening a case for the purpose of adding a creditor may not be allowed. Please refer to Judge Ninfo’s decision, [In re: Tucker](https://www.nywb.uscourts.gov/sites/nywb/files/TUCKER%20decision.pdf), 143 B.R. 330 (Bankr. WDNY 1992.) Deletion of a creditor MUST be done by motion.

Common questions about Judge Carl L. Bucki's rules

Does Judge Carl L. Bucki require a pre-motion conference or letter before filing a motion?

Judge Carl L. Bucki's rules set a pre-motion procedure for covered motions. Requests to determine the value of a secured claim must generally be brought by stand-alone motion under 11 U.S.C. § 506.

View ruleSource: page 1, section CHAPTER 13 CASE MANAGEMENT ORDER − BUFFALO −

What must be included with chapter 13 plan filings before Judge Carl L. Bucki?

The rule identifies required filing content or certificates. A Chapter 13 Plan must use Official Form 113; if it did not, an amended Plan using Form 113 must be filed.

View ruleSource: page 1, section CHAPTER 13 CASE MANAGEMENT ORDER − BUFFALO −

What service or proof of service rules apply before Judge Carl L. Bucki?

Proof of service is required for the covered service rule. Section 506 motions must be filed and served under Rule 7004, and a certificate of service must be filed promptly.

View ruleSource: page 1, section CHAPTER 13 CASE MANAGEMENT ORDER − BUFFALO −
Complete rules summary for Judge Carl L. Bucki

A Chapter 13 Plan must use Official Form 113; if it did not, an amended Plan using Form 113 must be filed.

A Plan will not be confirmed if the second box in Section 2.31 is checked.

Section 3.1 must direct post-petition mortgage payments to be made directly by the Debtor unless the Trustee agrees otherwise.

Requests to determine the value of a secured claim must generally be brought by stand-alone motion under 11 U.S.C. § 506.

Section 506 motions must be filed and served under Rule 7004, and a certificate of service must be filed promptly.

A stand-alone motion is not required when the secured-claim value is fixed or negotiated under the stated conditions and the valuation is entered into the record at confirmation or by filed stipulation.

If a Chapter 13 Plan conflicts with the Confirmation Order, the Confirmation Order controls.

Lien avoidance under 11 U.S.C. § 506 or 522(f) must be sought by stand-alone motion.

Section 522(f) motions must be filed and served under Rule 7004, and a certificate of service must be filed promptly.

Lien avoidance under other Bankruptcy Code provisions must be sought by adversary proceeding under Rule 7001(2).

The Plan may state “TBD” or “Unknown” for amounts that are unknown in Sections 3.3 and 4.2.

The Plan must be a fixed percentage plan rather than a fixed payment plan unless the Trustee recommends otherwise.

Section 7.1 must provide that estate property vests in the Debtor upon plan confirmation.

If the Court has not served the Plan, the Debtor must serve it on all creditors, the Trustee, and other parties in interest, then file proof identifying the service date, method, and recipients’ names and addresses.

Relief contrary to a case-specific Case Management Order must be sought under the applicable Bankruptcy Rules and accompanied by proof of service on affected parties under Rule 7004.

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