Judge Mary Jo Heston
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
All filings
- Chambers Drop Off • Upon Filing
Adjournments
- Motion for extension of time to file schedules must be filed before deadline and contain specified information; court cannot extend to within 7 days of 341 meeting unless continuance arranged.
- Requests to continue a §341 meeting or appear otherwise must be made in advance with reason to trustee/UST, approved within 3 days, and if approved, notice given to creditors; if denied, motion with explanation and certification may be filed.
- A request for continuance represents that consent has been obtained from all parties who responded.
Request must include
Communication
Trustee
Trustee
Phone
Chambers
Page & Word Limits2 rules
Machine summary. Not checked yet.Mandatory?
opening and responsive memoranda relating to motions for summary judgment or other dispositive motions shall not exceed 24 pages, and opening and responsive memoranda for all other motions shall not exceed 12 pages. A reply brief shall not exceed ½ the permitted length of the opening brief without prior approval of the court.
Summary: Opening and responsive memoranda for dispositive motions limited to 24 pages; reply briefs limited to 12 pages (half of opening).
Brief
24 pages
Applies to: Attorney
Reply Brief
12 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
Such statements shall not exceed 10 pages (exclusive of exhibits and attachments).
Summary: Mediation statements are limited to 10 pages, excluding exhibits and attachments.
Mediation Statement
10 pages
Document Format Requirements14 rules
Machine summary. Not checked yet.Mandatory?
The debtor's name and the case number shall appear on the first page of any amended petition, or amended or supplemental schedule, statement, or list. Any amendment or supplement shall be verified in the same manner as required for the original document.
Summary: First page of any amendment must show debtor's name and case number; amendment must be verified.
Machine summary. Not checked yet.Mandatory?
Exhibits for trials and evidentiary hearings shall only be submitted on paper unless otherwise ordered by the court.
Summary: Trial and evidentiary hearing exhibits must be submitted on paper only.
Paper
Machine summary. Not checked yet.Important?
Reduced pleadings or documents provided to other parties shall contain no more than 2 pages of reduced standard 8-1/2 x 11 pages per side of the paper using a standard embedded font.
Summary: Reduced pleadings are limited to 2 pages per side of paper.
Machine summary. Not checked yet.Important?
All pleadings shall be in 8-1/2 x 11 inch document format, using a standard embedded font, 11 or 12 point, and shall be double spaced.
Summary: Pleadings must be on 8.5x11 inch paper, with a standard embedded font at 11 or 12 point, double-spaced.
Machine summary. Not checked yet.Important?
each pleading shall bear line numbers in the left margin.
Summary: Pleadings must have line numbers in the left margin.
Machine summary. Not checked yet.Important?
All attachments and exhibits shall be 8-1/2 x 11 inches, photo-reduced if necessary. An exhibit smaller than 8-1/2 x 11 inches shall be attached to or photocopied onto an 8-1/2 x 11 sheet of paper.
Summary: All exhibits and attachments must be on 8.5x11 inch paper; smaller exhibits must be mounted on 8.5x11 paper.
Machine summary. Not checked yet.Important?
The name of the assigned judge, the chapter under which the case is pending, and the location, date and time of hearing, and the response date shall be noted on the top right-hand corner of the motion, notice of hearing, response, and reply.
Summary: Motions, notices, responses, and replies must include judge name, chapter, location, hearing date/time, and response date on the top right-hand corner.
Machine summary. Not checked yet.Important?
Orders and judgments shall contain at least two lines of text on each page.
Summary: Each page of orders and judgments must contain at least two lines of text.
Machine summary. Not checked yet.Important?
Orders shall be in 8-1/2 x 11 inch document format, using a standard embedded font, 11 or 12 point, and shall be double spaced. Each order shall bear line numbers in the left margins.
Summary: Orders must be 8.5x11 inches, use a standard embedded font (11 or 12 point), double-spaced, with line numbers in the left margin.
Machine summary. Not checked yet.Important?
The judges of the court sign orders, findings of fact and conclusions of law, judgments, and other pleadings requiring their signatures by electronic means, and such electronic signatures shall have the same effect as a handwritten signature. Any document signed by a judge that is not dated shall be deemed to be dated as of the date the pleading is entered on the docket.
Summary: Judges sign orders electronically; electronic signatures have the same effect as handwritten; undated documents are deemed dated as of docket entry.
Machine summary. Not checked yet.Important?
The designation "///End of Order///" shall be placed after the final line of text on the order. No date or signature line is to be provided for the judge. The attorney(s) presenting the order shall so indicate in the lower left hand corner of the last page of the order by stating "Presented by" with their name, bar identification number and signature line.
Summary: Orders must end with "///End of Order///", omit date/signature lines for the judge, and include "Presented by" with attorney name, bar ID, and signature line in the lower left corner.
Machine summary. Not checked yet.Important?
For all orders, the first page of the order must have a 4 inch top margin that is left blank for court use only.
Summary: The first page of every order must have a 4-inch blank top margin for court use.
Machine summary. Not checked yet.Note?
Orders are to be formatted in accordance with Local Bankruptcy Rule 9021-1 and are not governed by the formatting provisions set forth above. Accordingly, an order will not include the name of the judge assigned to the case in the upper right side of the top of the front page.
Summary: Orders are exempt from the formatting requirements of Rule 9004-1 and must not include the judge's name on the front page.
Machine summary. Not checked yet.Note?
Orders and judgments shall be formatted in accordance with Local Bankruptcy Rule 9021-1.
Summary: Orders and judgments must be formatted per Local Bankruptcy Rule 9021-1.
Document Filing Requirements86 rules
Machine summary. Not checked yet.Mandatory?
A debtor in a voluntary case shall file or submit a list of creditors in the format required by the office of the clerk of court, containing the names and addresses of each entity included or to be included on Schedules D, E/F, G and H, as required by 11 U.S.C. § 521(a)(1)(A) and Fed. R. Bankr. P. 1007(a)(1), no later than 7 days from the date of the filing of the petition.
Summary: Debtor must file a list of creditors within 7 days of petition filing.
Document Type
List Of Creditors
Machine summary. Not checked yet.Mandatory?
A petition submitted for filing by an unrepresented individual must include the signature of the debtor (and joint debtor if applicable) in accordance with Local Bankruptcy Rule 5005-1(c)(2) or be subject to rejection by the clerk of court and returned to the debtor with no bankruptcy case opened. Joint petitions filed without the signature of a joint debtor will be issued a 7-day deficiency notice to provide the missing signature.
Summary: Petitions by unrepresented individuals must include debtor's signature; missing signature results in rejection or 7-day deficiency notice for joint petitions.
Document Type
Petition
Machine summary. Not checked yet.Mandatory?
A debtor in a voluntary case shall file or submit with the petition the items required by Fed. R. Bankr. P. 1007(b) and 11 U.S.C. ... Failure to file or submit these schedules and statements may result in dismissal of the debtor’s case, provided that the docket shows that the debtor was given 15 days' notice of this provision.
Summary: Debtor must file schedules and statements with the petition; failure may result in dismissal after 15 days' notice.
Document Type
Schedules And Statements
Machine summary. Not checked yet.Mandatory?
A petition filed by a registered ECF filer must include the signature of the debtor (and joint debtor if applicable) in accordance with Local Bankruptcy Rule 5005-1(c)(1) or be subject to dismissal within 1 business day, without further notice, as to the debtor whose signature is not provided.
Summary: Petitions by ECF filers must include debtor's signature; missing signature may result in dismissal within 1 business day.
Document Type
Petition
Machine summary. Not checked yet.Mandatory?
A debtor shall file or submit with the voluntary petition a verified statement setting out the debtor’s social security number, taxpayer identification number, or a statement that the debtor does not have a social security number or taxpayer identification number.
Summary: Debtor must file a verified statement of social security number or taxpayer identification number with the petition.
Document Type
Petition
Machine summary. Not checked yet.Mandatory?
If the request for a continued hearing or alternate appearance is denied by the trustee or United States Trustee, the debtor may file a motion seeking court approval of the continuance or alternate appearance. Any motion must contain an explanation of the need for the modification and a certification that the debtor sought a continuance from the trustee or United States Trustee under paragraphs (b)(1) and (b)(2) of this Rule.
Summary: Motion after denial must include explanation of need and certification of prior continuance request.
Document Type
Motion
Machine summary. Not checked yet.Mandatory?
Attorneys representing debtors in chapter 13 cases shall provide debtors with a copy of Local Bankruptcy Form 13-5 entitled “Rights and Responsibilities of Chapter 13 Debtors and Their Attorney” (“Rights and Responsibilities Disclosure”). The Rights and Responsibilities Disclosure shall be signed by each debtor, certifying receipt, and by the debtor’s attorney. Failure to provide a copy of the Rights & Responsibilities Disclosure may result in denial or disgorgement of attorney fees.
Summary: Attorneys must provide the Rights and Responsibilities Disclosure to chapter 13 debtors, signed by debtor and attorney; non-compliance may result in fee denial or disgorgement.
Document Type
Rights And Responsibilities Disclosure
Machine summary. Not checked yet.Mandatory?
All applications shall conform to Local Bankruptcy Form 13-9. All applications for compensation for services and for reimbursement of necessary costs and expenses shall be served on the debtor and the chapter 13 trustee. A notice of hearing on the application shall be served on the debtor, the chapter 13 trustee, and all creditors holding allowed claims. The application shall include an itemized time record that identifies the date the service was rendered, the identity of the person who performed the service and the hourly rate of the person, a detailed description of the service rendered and the time spent performing the service, and the total number of hours spent and the total compensation requested. A copy of a proposed order approving the application shall be attached to the application as a separate document and the order shall conform to Local Bankruptcy Form 13-10.
Summary: Fee applications must use Local Form 13-9, include an itemized time record, attach a proposed order (Local Form 13-10), and be served on the debtor and trustee.
Document Type
Fee Application
Machine summary. Not checked yet.Mandatory?
Any motion or stipulation filed pursuant to subsection (b) must contain: (1) the client’s mailing address, telephone number and email address or a certification by the attorney that the attorney made all reasonable efforts to obtain the contact information of the client without success, (2) a statement that no deadlines, hearings or trials will be automatically continued as a result of the attorney’s withdrawal, and (3) if the client is not an individual, a certification by the attorney that the attorney has notified the client that the client may not appear or file pleadings pro se.
Summary: Withdrawal motions or stipulations must include client contact info (or certification of unsuccessful efforts), a statement that no deadlines are automatically continued, and a certification about pro se restrictions for non-individual clients.
Document Type
Motion To Withdraw
Machine summary. Not checked yet.Mandatory?
All plans shall conform to Local Bankruptcy Form 13-4. All appropriate blanks on the form shall be completed. The debtor and the debtor’s attorney (if represented by counsel) shall sign and date where indicated.
Summary: Chapter 13 plans must use Local Bankruptcy Form 13-4, with all blanks completed and signed by debtor and attorney.
Document Type
Chapter 13 Plan
Machine summary. Not checked yet.Mandatory?
file, with the plan, evidence (e.g. a declaration) supporting the debtor's factual assertions regarding the value of the collateral and the amount of the relevant liens;
Summary: Debtor must file supporting evidence (e.g., declaration) with the plan for valuation assertions.
Document Type
Plan
Machine summary. Not checked yet.Mandatory?
include the following language in Section X of the plan: "____________[creditor] holds a security interest or lien against ___________[collateral]. The value of the collateral is $_________. The claims of other creditors holding higher priority security interests or liens against the collateral total $________. Accordingly, the amount of _________[creditor's] secured claim is $___________[collateral value minus total amount of higher priority secured claims]. The balance of ________[creditor's] claim is an unsecured claim. The monthly payment on the secured claim under the plan is $_______. The final avoidance and/or determination of the secured status of a creditor’s lien in this plan is contingent upon the debtor’s completion of the plan. If this case is converted to another chapter of the Bankruptcy Code or if this case is dismissed, the relevant provisions of 11 U.S.C. §§ 348 and 349 control the validity of the lien avoidance and/or determination."
Summary: Debtor must include specific language in Section X of the plan regarding valuation of secured claim.
Document Type
Plan
Machine summary. Not checked yet.Mandatory?
complete Section IV.C. of the plan and include both "See X" on the line titled "Collateral" before describing the collateral and the proposed monthly payment on the line titled "Monthly Payment" (if the plan completely strips the lien, the monthly payment will be $0);
Summary: Debtor must complete Section IV.C. of the plan with specific formatting for collateral and monthly payment lines.
Document Type
Plan
Machine summary. Not checked yet.Mandatory?
file, with the plan, a proof of service showing compliance with subsection (f)(4).
Summary: Debtor must file a proof of service with the plan showing compliance with the service requirement.
Document Type
Proof Of Service
Machine summary. Not checked yet.Mandatory?
At the time the petition is filed, the debtor shall submit to the trustee a complete Chapter 13 Information Sheet (Local Bankruptcy Form 13-2).
Summary: Debtor must submit a complete Chapter 13 Information Sheet to the trustee at the time of petition filing.
Document Type
Chapter 13 Information Sheet
Machine summary. Not checked yet.Mandatory?
file, with the plan, a proof of service showing compliance with subsection (g)(4).
Summary: Debtor must file a proof of service with the plan showing compliance with the service requirement for lien avoidance.
Document Type
Proof Of Service
Machine summary. Not checked yet.Mandatory?
file, with the plan, evidence (e.g. a declaration) supporting the debtor's factual assertions regarding the value of the collateral, the amount of the debtor’s exemption and the amount of relevant liens;
Summary: Debtor must file supporting evidence (e.g., declaration) with the plan for avoidance assertions.
Document Type
Plan
Machine summary. Not checked yet.Mandatory?
complete Section IV.C. of the plan and include both "See X" on the line titled "Collateral" before describing the collateral and the proposed monthly payment on the line titled "Monthly Payment" (if the plan completely avoids the lien, the monthly payment will be $0);
Summary: Debtor must complete Section IV.C. of the plan with specific formatting for collateral and monthly payment lines for lien avoidance.
Document Type
Plan
Machine summary. Not checked yet.Mandatory?
A debtor seeking post-confirmation plan modification shall file an amended plan, a motion requesting approval of the amended plan, and a declaration of the debtor explaining the need for the modification. The debtor shall identify in the motion all proposed changes by reference to the plan section number and with the specific changes listed. Contemporaneously with filing the motion and declaration, the debtor shall file supplemental Schedules I and J and provide the trustee copies of all payment advices or other evidence of proof of income received within the last 30 days. A proposed order approving the amended plan shall be attached to the motion as a separate document and shall substantially comply with Local Bankruptcy Form 13-6.
Summary: Debtor must file amended plan, motion, declaration, identify changes, file supplemental schedules, provide payment advices, and attach proposed order for plan modification.
Document Type
Plan Modification Motion
Machine summary. Not checked yet.Mandatory?
include the following language in Section X of the plan: "____________[creditor] holds a judicial lien or security interest avoidable under 11 U.S.C. § 522(f) against ___________[collateral]. The value of the collateral is $_________. The claims of other creditors holding higher priority security interests or liens against the collateral total $________. The Debtor is entitled to an exemption under 11 U.S.C. § 522(b) of $_______. Accordingly, the amount of _________[creditor's] secured claim is $___________[collateral value minus total amount of higher priority secured claims minus the Debtor’s exemption]. The balance of ________[creditor's] claim is an unsecured claim. The monthly payment on the secured claim under the plan is $______."
Summary: Debtor must include specific language in Section X of the plan regarding avoidance of judicial lien or security interest.
Document Type
Plan
Machine summary. Not checked yet.Mandatory?
debtors must file certifications stating either (1) that they are not liable for any domestic support obligation; or (2) that all domestic support obligations payable by them that became due on or before the date of the certification (including amounts due before the petition was filed, but only to the extent provided for by the plan) under any judicial or administrative order, or by statute, have been paid. Failure to file the certification will result in the case being closed without a discharge.
Summary: Debtors must file a certification regarding domestic support obligations; failure results in case closure without discharge.
Document Type
Certification Of Domestic Support
Machine summary. Not checked yet.Mandatory?
The Guidelines for Cash Collateral and Financing Stipulations (Appendix A to these Local Bankruptcy Rules, as may be modified from time to time and posted on the court’s website) apply to all motions for approval of such stipulations, interim and final, and all motions for approval thereof must contain the certification of counsel required by the Guidelines.
Summary: Motions for approval of cash collateral and financing stipulations must contain the certification of counsel required by the Guidelines.
Document Type
Motion
Machine summary. Not checked yet.Mandatory?
Requests for tax information filed with the court must contain the following language: Movant is hereby advised that the tax information obtained is confidential and may not be disseminated except as appropriate under the circumstances of the case. Movant is further advised that substantial monetary sanctions (up to $10,000 per disclosure without further notice) and other sanctions may be imposed by the Court for an improper use, disclosure, or dissemination of the tax information.
Summary: Requests for tax information filed with the court must include specific language about confidentiality and sanctions.
Document Type
Request For Tax Information
Machine summary. Not checked yet.Mandatory?
Motions for discharge under 11 U.S.C. § 1328(b) shall be filed with the court and served on the trustee, United States trustee, and all creditors at least 21 days preceding the date fixed for hearing. The motion shall set forth the basis for the discharge and provide evidence (including a sworn declaration from the debtor) in support of the motion. Contemporaneously with filing the motion and declaration, the debtor shall file supplemental Schedules I and J and provide the trustee copies of all payment advices or other evidence of proof of income received within the last 30 days. A copy of a proposed order shall be attached as an exhibit to the motion as a separate document and the order shall conform with Local Bankruptcy Form 13-7.
Summary: Motions for hardship discharge must include a sworn declaration, supplemental Schedules I and J, and a proposed order conforming to Local Bankruptcy Form 13-7.
Document Type
Motion For Hardship Discharge
Machine summary. Not checked yet.Mandatory?
The Administrative Office of the United States Courts has issued Director’s Reaffirmation Agreement forms (available on the court’s website) which must be completed for all reaffirmation agreements, and shall be filed with the Reaffirmation Agreement Cover Sheet, Official Form B 427.
Summary: Reaffirmation agreements must use Director's Reaffirmation Agreement forms and be filed with Reaffirmation Agreement Cover Sheet, Official Form B 427.
Document Type
Reaffirmation Agreement
Machine summary. Not checked yet.Mandatory?
Copies of any agreements which the debtor has agreed to continue to perform or pay, together with any modifications of those agreements, shall be attached to the reaffirmation agreement together with documentation of any security interest and the perfection of such security interest or a memorandum setting forth why perfection is unnecessary and supporting declaration(s) establishing any required facts. If the reaffirmation is of a debt claimed to be nondischargeable, the creditor shall file a memorandum setting forth the basis for the nondischargeability, together with a declaration(s) establishing a prima facie case.
Summary: Reaffirmation agreements must include copies of underlying agreements, modifications, and documentation of security interest or nondischargeability basis.
Document Type
Reaffirmation Agreement
Machine summary. Not checked yet.Mandatory?
Hardship Discharge (Local Bankruptcy Form 13-7), debtor or debtor’s counsel shall serve the entered order on all creditors in the manner provided in Fed. R. Bankr. P. 2002 and shall file a certificate of service that service has been effected.
Summary: Debtor must serve hardship discharge order on all creditors and file a certificate of service.
Document Type
Hardship Discharge Order
Machine summary. Not checked yet.Mandatory?
A proposed order directing the clerk of court to deposit funds into the registry of the court must include the following: (1) the amount to be deposited; (2) a direction to the clerk of court to deposit registry funds totaling $25,000 or more into an interest-bearing account; and (3) a direction to the clerk of court to deposit registry funds totaling less than $25,000 into a non-interest-bearing account with the U.S. Treasury.
Summary: Proposed order for deposit must include amount and direction for interest-bearing or non-interest-bearing account based on amount.
Document Type
Proposed Order For Deposit
Machine summary. Not checked yet.Mandatory?
a party desiring to deposit funds into the registry of the court must file an application, which shall include a detailed explanation of the facts and circumstances necessitating the deposit of estate funds into the registry.
Summary: Parties must file an application with detailed explanation to deposit funds into court registry.
Document Type
Application For Deposit Into Registry
Machine summary. Not checked yet.Mandatory?
A motion to reopen a case shall state the purpose for reopening the case, whether assets were administered in the case, whether a deadline was established for filing proofs of claim, and whether a trustee needs to be appointed. Except as provided for in subsection (b), the motion shall be noted for hearing in accordance with Local Bankruptcy Rule 9013-1, with notice to the case trustee and any affected parties.
Summary: Motion to reopen must state purpose, asset administration, proof of claim deadline, and trustee need; must be noted for hearing.
Document Type
Motion To Reopen
Machine summary. Not checked yet.Mandatory?
A motion for withdrawal of reference shall be designated: 'Motion for Withdrawal of Reference.'
Summary: Motion for withdrawal of reference must have specific caption.
Document Type
Motion For Withdrawal Of Reference
Machine summary. Not checked yet.Mandatory?
In an adversary proceeding before a bankruptcy judge, in addition to the statements in the pleadings required by Fed. R. Bankr. P. 7008(a) and 7012(b), each party shall file a separate document with its initial pleading (the complaint, counterclaim, cross-claim, third party complaint, answer or other responsive pleading) to be entitled Notice Regarding Final Adjudication and Consent. The Notice Regarding Final Adjudication and Consent shall include a repetition of the statements required by Fed. R. Bankr. P. 7008(a) and 7012(b). Failure by a party to file a Notice Regarding Final Adjudication and Consent as required by this rule or by a date certain fixed by court order shall constitute that party’s consent to entry of final orders or judgments by the bankruptcy judge.
Summary: Parties must file a Notice Regarding Final Adjudication and Consent with their initial pleading in adversary proceedings; failure to file constitutes consent to final orders by the bankruptcy judge.
Document Type
Initial Pleading
Machine summary. Not checked yet.Mandatory?
The party seeking a default judgment must support a motion for default judgment with a declaration and other evidence establishing that party’s entitlement to a sum certain and/or to any nonmonetary relief sought. (A) The party shall provide a concise explanation of how all amounts were calculated and shall support this explanation with evidence establishing the entitlement to and amount of the principal claim, and, if applicable, any liquidated damages, interest, attorney’s fees, or other amounts sought. If the claim is based on a contract, plaintiff shall provide the court with a copy of the contract and cite the relevant provisions.
Summary: Motions for default judgment must be supported by a declaration and evidence, including a concise explanation of calculations and, if based on contract, a copy of the contract.
Document Type
Motion For Default Judgment
Machine summary. Not checked yet.Mandatory?
The motion requesting an order shortening time or limiting notice along with the underlying motion papers and a proposed form of order shortening time or limiting notice, shall be filed and served on all parties entitled to notice of the underlying motion unless otherwise ordered by the court.
Summary: Motions to shorten time must include a proposed order and be filed with the underlying motion papers.
Document Type
Motion To Shorten Time
Machine summary. Not checked yet.Mandatory?
If no opposition to a motion has been timely filed and served, in accordance with Local Bankruptcy Rule 9013-1(d)(5), the court in its discretion may: (1) grant the motion by default at the hearing, or (2) grant the motion prior to the time set for hearing, upon the moving party’s uploading of a received unsigned order, accompanied by proof of the service and a declaration of no objection stating the date of service of the notice of the motion and that no objections were timely received.
Summary: To obtain a default judgment without a hearing, the moving party must upload an unsigned order, proof of service, and a declaration of no objection.
Document Type
Default Order
Machine summary. Not checked yet.Mandatory?
Ex parte orders. An ex parte order shall contain the words "ex parte" in its title.
Summary: Ex parte orders must include 'ex parte' in the title.
Document Type
Ex Parte Order
Machine summary. Not checked yet.Mandatory?
Any such objection shall state with particularity the reasons for the objection and shall include as an attachment an alternate order.
Summary: Objections to an order must state reasons with particularity and include an alternate order as an attachment.
Document Type
Objection To Order
Machine summary. Not checked yet.Mandatory?
If the motion is ex parte, (1) the words “ex parte” shall be added to the title of the order and (2) the debtor shall obtain the chapter 13 trustee’s authorization prior to filing the order as a received unsigned order.
Summary: Ex parte chapter 13 dismissal orders must include 'ex parte' in the title and require trustee authorization before filing.
Document Type
Chapter 13 Dismissal Order
Machine summary. Not checked yet.Mandatory?
A chapter 13 debtor seeking to sell real property shall file a motion requesting approval to sell the property, the purchase and sale agreement and any amendments, and a declaration of the debtor indicating whether the sale is an arm’s length transaction for fair market value.
Summary: Chapter 13 debtors seeking to sell real property must file a motion, purchase agreement, and declaration of arm's length transaction.
Document Type
Motion For Sale
Machine summary. Not checked yet.Mandatory?
administrative orders, shall (A) allege specific facts forming the basis of the request, (B) cite the statute or rule authorizing the court to act, and (C) state specific reasons why the court should proceed without notice or a hearing. If the motion arises in an adversary proceeding or a contested matter as defined in Fed. R. Bankr. P. 9014, the moving party shall, in addition, describe (D) what immediate and irreparable injury, loss or damage will result to the movant before the adverse party or his attorney can be heard in opposition; and (E) the efforts, if any, which have been made to give notice to the adverse party and his attorney.
Summary: Ex parte motions must include specific facts, statutory authority, reasons for ex parte treatment, and for adversary proceedings, irreparable injury and notice efforts.
Document Type
Ex Parte Motion
Machine summary. Not checked yet.Mandatory?
The opposing party shall not respond to a motion for reconsideration unless requested to do so by the court.
Summary: Opposing parties may not respond to a motion for reconsideration unless the court requests a response.
Document Type
Response To Motion For Reconsideration
Machine summary. Not checked yet.Mandatory?
An order dismissing a chapter 13 case on motion by the debtor shall conform to Local Bankruptcy Form 13-1.
Summary: Chapter 13 voluntary dismissal orders must conform to Local Bankruptcy Form 13-1.
Document Type
Chapter 13 Dismissal Order
Machine summary. Not checked yet.Mandatory?
Where a jury trial is demanded as permitted by Fed. R. Civ. P. 38, said demand shall be made, whether or not also made in a pleading, in a separate document entitled “Demand for Jury Trial”
Summary: Jury trial demands must be made in a separate document titled 'Demand for Jury Trial'.
Document Type
Jury Demand
Machine summary. Not checked yet.Mandatory?
An electronic filer who seeks to file a document under seal must file a motion. The motion to file under seal must include a specific statement of the applicable legal standards and basis, with evidentiary support in the form of declarations where necessary. A proposed order shall be uploaded through ECF.
Summary: Electronic filers must file a motion to seal with specific legal standards, evidentiary support, and a proposed order uploaded through ECF.
Document Type
Motion To Seal
Machine summary. Not checked yet.Mandatory?
A proposed form order or judgment, including one requested ex parte or by stipulation, must be filed on a document separate from its attendant motion or stipulation.
Summary: Proposed orders and judgments must be filed as separate documents from the motion or stipulation.
Document Type
Proposed Order
Machine summary. Not checked yet.Mandatory?
The application must include: (1) a certificate of good standing from the state bar of each state in which the applicant is admitted to practice, dated within 30 days of the application; (2) a statement that the applicant is a member in good standing of the bar of the highest court of the state in which the applicant maintains his or her principal office; (3) a statement that the applicant has read and will comply with the applicable local rules; (4) a statement that the applicant has not been disbarred or formally censured by a court of record or by a state bar association; and (5) a statement that there are no pending disciplinary proceedings against the applicant.
Summary: Pro hac vice application must include a certificate of good standing and specific statements.
Document Type
Pro Hac Vice Application
Machine summary. Not checked yet.Mandatory?
counsel for the debtor (or trustee) must certify whether the agreement contains any provision listed in part A, identify any such provision, and explain its justification.
Summary: Counsel must certify whether the cash collateral or financing agreement contains any disapproved provision from Part A, identify it, and explain its justification.
Document Type
Stipulation Or Agreement For Cash Collateral Or Financing
Machine summary. Not checked yet.Important?
Debtors on active military duty must so indicate on Schedule I, and those going on active duty or being deployed for a period of 14 days or more after the filing of the petition must file notice setting forth the beginning and end dates of the active duty or deployment, and any new or additional address, attaching a copy of the orders to or official documentation of the active duty or deployment with social security numbers redacted to show only the last four digits, and the names (other than the issuing official) and social security numbers of any non-debtors completely redacted.
Summary: Debtors on active military duty must indicate on Schedule I; if deployed for 14+ days after filing, must file notice with deployment dates, address, and redacted orders.
Document Type
Notice Of Active Duty
Machine summary. Not checked yet.Important?
Where a chapter 7, chapter 13, chapter 12, or individual chapter 11 case is converted to another chapter, the debtor is required to file either: (1) amendments to all of the schedules, statements, and documents required by Fed. R. Bankr. P. 1007(b)(1), (4), (5), and (6) ("Required Documents"); (2) amendments to only the Required Documents that have changed and a declaration under penalty of perjury that there are no changes to the other Required Documents; or (3) a declaration under penalty of perjury that there are no changes to any of the Required Documents.
Summary: Upon conversion of a bankruptcy case, debtor must file amendments to required documents or a declaration of no changes.
Document Type
Converted Case Schedules
Machine summary. Not checked yet.Important?
A person or entity filing a request for notice pursuant to Fed. R. Bankr. P. 2002(i) must use Local Bankruptcy Form 11 and include in the request the following information: (1) the name of the person or entity requesting notice; (2) the address for service; (3) telephone number; (4) a statement that the requesting party is a creditor or equity security holder of the debtor and the court has limited notice; and (5) a statement that the request is limited to notices required to be provided under Fed. R. Bankr. P. 2002(a)(2), (a)(3) and (a)(6) and does not include any moving or responsive or reply documents, any evidence, or any proposed orders or entered orders.
Summary: Requests for special notice must use Local Bankruptcy Form 11 and include specified information: name, address, phone, creditor status, and scope limitation.
Document Type
Request For Special Notice
Machine summary. Not checked yet.Important?
Professionals seeking appointment on an ex parte basis shall, prior to filing the application with the court, (1) obtain the written endorsement of the United States Trustee’s Office of the application, or (2) certify that at least 7 days have passed since the application was served upon and received by the United States Trustee’s office, and no objection has been made by the United States Trustee’s office to the application.
Summary: Ex parte application must include written UST endorsement or certification that 7 days have passed since service without objection.
Document Type
Ex Parte Application For Professional Employment
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Applications for the appointment of professionals shall disclose whether the professional is a pre-petition creditor of the debtor, and if so, the nature of services rendered, amount owed, whether counsel claims a security interest in property of the estate to secure fees, and identify the collateral subject to the security interest, if any. The application shall also state whether any retainer has been paid or promised, and the anticipated method of compensation, and sources thereof, including third parties and guarantors. Copies of any fee agreements and security interests shall be attached as exhibits.
Summary: Application for professional employment must disclose pre-petition creditor status, retainer, compensation method, and attach fee agreements and security interests.
Document Type
Application For Professional Employment
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A non-small business or non-subchapter V chapter 11 debtor in possession or trustee shall file with the court a monthly financial report, and shall serve the same on counsel for any committees elected or appointed pursuant to the Bankruptcy Code, or if a committee has no counsel, on each member of the committee. Each report shall be due by the 21st day of the subsequent month and, except as otherwise ordered by the court, shall be filed on the form for financial reporting established by the United States Trustee in accordance with 28 U.S.C. § 589b, attaching bank statements for the reported month for any bank accounts used by the debtor.
Summary: Monthly report must use UST form and attach bank statements.
Document Type
Monthly Financial Report
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If an application for a final decree has not been filed within 3 months after confirmation of a chapter 11 plan, then the party designated in the plan as the responsible party, such as the reorganized debtor, liquidating trustee, plan proponent, or plan administrator, shall file with the court a post-confirmation quarterly report every three months until a final decree is entered. The first such report shall include the quarter in which the plan was confirmed. Each report shall be due by the 21st day of the month after the quarter ends and, except as otherwise ordered by the court, shall be filed on UST Form 11-PCR.
Summary: Post-confirmation quarterly reports must be filed on UST Form 11-PCR.
Document Type
Post Confirmation Quarterly Report
Filing & Service rules
Electronic Filing Rules
Attorneys and trustees must file all documents electronically through ECF.
Attorneys and trustees must file all documents with the court using the court’s Case Management and Electronic Case Filing system (“ECF”) and are referred to as a “registered ECF filer.”
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Page 31 | Rule 5005-1
Entities filing many proofs of claim must file them electronically.
the United States Bankruptcy Court for the Western District of Washington in any 6-month period must electronically file all proofs of claim and claim-related documents.
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Page 32 | Rule 5005-1
Court does not accept fax filings.
The court will not accept documents transmitted by facsimile.
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Page 33 | Rule 5005-1
Paper documents over 50 pages must also be submitted in electronic PDF format on USB or CD, with segmentation if over 10MB and clear labeling.
Documents submitted on paper and exceeding 50 pages including exhibits shall also be provided to the clerk’s office in electronic PDF format on a USB flash drive or CD-Rom disk at the time of filing. USB flash drives and CD-Rom disks provided to the court will not be returned to the filer. If the PDF file is more than ten megabytes in size, it must be separated into ten-megabyte segments. Each PDF file shall be clearly labeled to identify the sequence of documents to be filed.
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Page 33 | Rule 5005-1
Original orders ready for judge's signature must be uploaded as 'Received Unsigned Order' in the electronic case filing system.
Original orders that are ready for the judge's signature, including orders filed pursuant to Local Bankruptcy Rules 9013-1(f)(2), 9013-1(g)(2), and 9013-1(i) shall be filed electronically by uploading the order through the court's electronic case filing system as a 'Received Unsigned Order'.
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Page 47 | Orders Submitted Electronically
Proposed orders under specified rules must be filed electronically as an attachment to the motion.
Proposed orders filed in accordance with Local Bankruptcy Rule 9013-1(d)(1)(D) and 9013-1(i) shall be filed electronically as an attachment to the motion.
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Page 47 | Orders Submitted Electronically
Pro hac vice application must be electronically filed by local counsel.
Local counsel must review, sign, and electronically file the applicant’s pro hac vice application.
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Page 59 | Pro Hac Vice
Documents required to be provided to the trustee under 11 U.S.C. §§ 521(a)(1)(B)(iv) and (e)(2)(A)(i) and Fed. R. Bankr. P. 4002(b)(2) and (3) must not be filed with the court.
These documents are not to be filed with the court but instead these documents shall be delivered to the trustee in the manner described in subsection (2) below.
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Page 27 | Rule 4002-1(a)(1)
Non-trial exhibits must be filed electronically and linked to the related pleading.
Exhibits, other than trial exhibits, are to be filed electronically with each exhibit linked to the pleading to which it relates.
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Page 38 | Rule 9004-1(d)
Original orders must not be filed or e-filed before the hearing, except as permitted by LBR 9013-1(f)(2).
Original orders should not be filed in advance of the hearing nor electronically uploaded in the court’s electronic case filing system, except as permitted in Local Bankruptcy Rule 9013-1(f)(2).
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Page 40 | Local Bankruptcy Rule 9013-1(d)(1)(D)
Electronic notice must comply with Local Bankruptcy Rule 5005-1 and the court's Electronic Filing Procedures.
Notice given electronically shall comply with Local Bankruptcy Rule 5005-1 and the court’s Administrative Procedures for Filing, Signing and Verifying Pleadings and Papers by Electronic Means (“Electronic Filing Procedures”), as each is amended from time to time.
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Page 11 | 2002-1(j)
Trial exhibits should be submitted on paper unless otherwise ordered.
Trial exhibits should be submitted on paper, in accordance with Local Bankruptcy Rule 5005-2(a), unless otherwise ordered by the court.
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Page 38 | Rule 9004-1(d)(1)
Filing Timing and Cure Windows
ECF petition missing verified statement may be dismissed after 1 business day.
A voluntary petition filed by a registered ECF filer that is not accompanied by this verified statement may be dismissed after 1 business day without further notice.
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Page 7 | RULE 1017-1(b)
Creditor list must be filed within 7 days of petition; failure may result in dismissal.
A debtor in a voluntary case shall file or submit a list of creditors in the format required by the office of the clerk of court, containing the names and addresses of each entity included or to be included on Schedules D, E/F, G and H, as required by 11 U.S.C. § 521(a)(1)(A) and Fed. R. Bankr. P. 1007(a)(1), no later than 7 days from the date of the filing of the petition. Failure to timely file or submit the creditor list may result in dismissal of the debtor’s case.
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Page 7 | RULE 1017-1(c)
Missing signature on petition by unrepresented individual results in immediate rejection by clerk.
A petition submitted for filing by an unrepresented individual must include the signature of the debtor (and joint debtor if applicable) in accordance with Local Bankruptcy Rule 5005-1(c)(2) or be subject to rejection by the clerk of court and returned to the debtor with no bankruptcy case opened.
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Page 7 | RULE 1017-1(a)(2)
Missing debtor signature on ECF petition may result in dismissal within 1 business day without further notice.
A petition filed by a registered ECF filer must include the signature of the debtor (and joint debtor if applicable) in accordance with Local Bankruptcy Rule 5005-1(c)(1) or be subject to dismissal within 1 business day, without further notice, as to the debtor whose signature is not provided.
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Page 7 | RULE 1017-1(a)(1)
Paper petitions missing verified statement may be rejected by the clerk.
Petitions that are submitted for filing on paper and not accompanied by the verified statement may be rejected by the clerk.
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Page 7 | RULE 1017-1(b)
Dismissal for missing schedules requires 15 days' notice to debtor.
Failure to file or submit these schedules and statements may result in dismissal of the debtor’s case, provided that the docket shows that the debtor was given 15 days' notice of this provision. The 15-day notice of dismissal for failure to file schedules and statements may be provided with the Official Form B309 Notice of Bankruptcy Case.
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Page 8 | RULE 1017-1(d)
Post-confirmation quarterly reports due by 21st day of month after quarter ends, using UST Form 11-PCR.
If an application for a final decree has not been filed within 3 months after confirmation of a chapter 11 plan, then the party designated in the plan as the responsible party, such as the reorganized debtor, liquidating trustee, plan proponent, or plan administrator, shall file with the court a post-confirmation quarterly report every three months until a final decree is entered. The first such report shall include the quarter in which the plan was confirmed. Each report shall be due by the 21st day of the month after the quarter ends and, except as otherwise ordered by the court, shall be filed on UST Form 11-PCR.
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Page 15 | Chapter 11 Post-Confirmation Reports
Individual Chapter 11 debtor must file projected budget within 14 days after entry of order for relief.
An individual debtor in possession shall file a projected budget of income and expenses for the six-month period following the petition date within 14 days after entry of the order for relief.
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Page 15 | Projected Budget for Individual Chapter 11 Debtor
Trustee may move to convert or dismiss on 7 days' notice for failure to provide proof of insurance.
If the debtor in possession fails timely to provide the United States trustee with proof of insurance or insurance renewal, the United States trustee may move to convert or dismiss the case on 7 days’ notice to the debtor, parties who have requested notice, and any committee, unless the court allows a shorter period on a showing of exigent circumstances.
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Page 15 | Insurance
Applications for fees exceeding the presumptive fee must be filed within 21 days after the confirmation order is entered.
Pre-confirmation attorneys’ fees in excess of the presumptive fee may be requested by application filed with the court not more than 21days after the entry of the order of confirmation.
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Page 17 | RULE 2016-1
Debtor's reply to objection to confirmation must be filed no later than 7 days before the confirmation hearing.
The debtor shall file a reply to the objection to confirmation no later than 7 days prior to the hearing on plan confirmation. (Note: Local Bankruptcy Rule 9013-1(d)(8) governs the timing of a reply, if any, in all chapter 13 proceedings except plan confirmations subject to this subsection).
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Page 20 | Rule 3015-1
Objections to disclosure statement in chapter 11 case must be filed and served at least 7 days before the hearing.
Unless otherwise ordered by the court, objections to a disclosure statement in a chapter 11 case shall be filed and served not later than 7 days before the hearing on the disclosure statement.
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Page 23 | Rule 3017-1(a)
Response to withdrawal motion due 14 days after service.
Response documents shall be filed and served no later than 14 days after service of the motion for withdrawal.
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Page 34 | Rule 5011-1
Clerk transmits withdrawal motion to district court 28 days after filing or after response/reply/recommendation, whichever earlier.
Except as otherwise ordered by the bankruptcy court, 28 days after the filing of the motion for withdrawal of reference, or after a response, reply and judicial recommendation have been filed, whichever is earlier, the clerk of the bankruptcy court shall transmit to the district court the motion and related documents that have been filed with the bankruptcy court and any recommendation of the bankruptcy judge.
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Page 34 | Rule 5011-1
Reply to withdrawal motion due 21 days after motion filing.
If a response is filed, a reply, if any, shall be filed and served no later than 21 days after filing of the motion.
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Page 34 | Rule 5011-1
Motions for summary judgment and lien avoidance must be filed and served at least 28 days before the hearing.
Motions for summary judgment and lien avoidance shall be filed and served at least 28 days preceding the date fixed for hearing.
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Page 41 | Local Bankruptcy Rule 9013-1(d)(D)
Responses to motions must be filed and served at least 7 days before the hearing.
Unless otherwise ordered by the court, each party opposing a motion shall file and serve responsive papers not later than 7 days prior to the date set for hearing subject to the provisions of subsection (d)(5)(B) below.
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Page 41 | Local Bankruptcy Rule 9013-1(d)(5)(A)
All other motions must be filed and served at least 21 days before the hearing.
All other motions and/or notice thereof shall be filed and served upon the appropriate parties at least 21 days preceding the date fixed for hearing unless a longer period of notice is ordered by the court or prescribed by the Federal Rules of Bankruptcy Procedure or these Local Bankruptcy Rules.
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Page 41 | Local Bankruptcy Rule 9013-1(d)(F)
The briefing schedule sets specific deadlines for responses, confirmations, and replies relative to the hearing date.
Unless otherwise ordered by the court, responsive papers, replies, and confirmation of hearings shall be filed as set forth below: Hearing Date Response* Confirmation* Reply* Friday Friday noon Monday Tuesday Thursday Thursday noon Friday Monday Wednesday Wednesday noon Thursday Friday Tuesday Tuesday noon Wednesday Thursday Monday Monday noon Tuesday Wednesday * All references in these columns are to days of the week preceding the hearing date. In the event any of the days falls upon a legal holiday, then the deadline for the event shall be determined by counting backward until a day that is not a Saturday, Sunday or legal holiday.
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Page 42 | Local Bankruptcy Rule 9013-1(d)(8)
Debtor must file an estimated settlement statement before the response date for the sale motion.
The debtor shall also file an estimated settlement statement prior to the response date for the motion.
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Page 43 | Rule 9013-1
Motions for reconsideration must be filed and served within 14 days of the judgment or order.
such motions shall be filed and served within 14 days after entry of the judgment or order
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Page 43 | Rule 9013-1
Party presenting an order after hearing must serve copies and give at least 7 days' notice of presentation date.
Unless the court directs otherwise, a party presenting an order for entry after the hearing on a motion shall serve copies on the parties that were present at the hearing and, unless agreement is reached as to the form of the order, shall give at least 7 days' notice of the time, date and place of presentation.
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Page 43 | Rule 9013-1
Objections to an order must be filed and served at least 3 days before the presentation date.
Any party opposing entry of the order shall file and serve an objection not later than 3 days prior to the date set for presentation.
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Page 43 | Rule 9013-1
Parties must file consent or withholding of consent to bankruptcy judge jury trial by the later of the answer/reply deadline or 21 days after the demand.
If there is a right to jury trial and a demand under Fed. R. Civ. P. 38(b) is timely filed, the parties shall consent or not (28 U.S.C. § 157(e)) to have the trial conducted by the bankruptcy judge by filing a statement of consent or withholding of consent by the later of the time for answer or reply, if the demand is made in a complaint or cross- or counter-claim, or 21 days after the demand is made.
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Page 44 | Rule 9015-1
Jury trial demand must be filed with the notice of removal, first pleading, or within 30 days of removal, whichever is earlier.
and be filed with the notice of removal; or with a party’s first pleading, or within 30 days of the filing of a notice of removal (pursuant to Fed. R. Bankr. P. 9027 and Local Bankruptcy Rule 9027-1), whichever is earlier.
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Page 44 | Rule 9015-1
Report of proceedings must be filed within 21 days of removal or within 14 days after denial of remand motion.
The removing party shall, within 21 days of the notice of removal, or, if a motion to remand is filed prior to the expiration of such 21-day period, 14 days after the entry of an order denying the motion to remand, file a report of the proceedings in the court from
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Page 47 | REMOVAL/REMAND
Motion to remand must be served and filed within 30 days of the notice of removal.
Any motion to remand shall be served and filed within 30 days of the notice of removal and noted for hearing in accordance with Local Bankruptcy Rule 9013-1.
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Page 47 | REMOVAL/REMAND
Mediator must file Certificate of Compliance within 14 days of mediation conference conclusion.
Within 14 days of the conclusion of the Mediation Conference, the Mediator shall file with the court a Certificate of Compliance in the form provided by the court.
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Page 57 | Rule 9049-1(b)
Joint petitions missing a joint debtor's signature receive a 7-day deficiency notice to cure.
Joint petitions filed without the signature of a joint debtor will be issued a 7-day deficiency notice to provide the missing signature.
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Page 7 | RULE 1017-1(a)(2)
Joint petitions with only one verified statement receive a 7-day deficiency notice.
For joint petitions accompanied by a verified statement of only one of the joint debtors, the court will accept the petition and generate a 7-day deficiency notice.
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Page 7 | RULE 1017-1(b)
Monthly financial report must be filed by the 21st day of the following month.
Each report shall be due by the 21st day of the subsequent month.
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Page 14 | Rule 2015-1
Plan proponent must file summary of unresolved objections at least 3 days before disclosure statement hearing.
Unless otherwise ordered by the court, the plan proponent's counsel shall file a summary of those objections to the disclosure statement that have not been resolved at the conference of attorneys. The summary shall be filed and served on the objecting parties at least 3 days prior to the hearing on such statement.
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Page 23 | Rule 3017-1(c)
Plan proponent must file ballot summary at least 3 days before confirmation hearing.
At least 3 days prior to the confirmation hearing, the plan proponent shall file a written summary of the ballots cast, and shall serve a copy of the summary on any party that has filed an objection pursuant to Local Bankruptcy Rule 3020-1.
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Page 24 | Rule 3018-1
If a hearing is continued before the response deadline, the response deadline is adjusted to 7 days before the new hearing date. If continued after the deadline, the response deadline is not adjusted without the movant's consent.
If a hearing date is continued prior to the deadline to respond, the response date shall be continued to not later than 7 days prior to the continued hearing date, unless otherwise ordered by the court. If a hearing date is continued after the deadline to respond, the response date will not be continued absent express consent by the movant.
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Page 41 | Local Bankruptcy Rule 9013-1(d)(5)(B)
Other parties may supplement the report within 14 days of its filing.
Other parties may supplement the removing party's report in the same format within 14 days of its filing.
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Page 48 | REMOVAL/REMAND
Mediation Certification must be filed within 28 days after an answer is filed in an adversary proceeding, or as ordered by the court.
Unless otherwise ordered, no later than 28 days after an answer or other response to the complaint is filed in an adversary proceeding and whenever ordered by the court in other matters, counsel and client shall sign, serve and file a Mediation Certification certifying that they have considered mediation to resolve their dispute.
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Page 49 | Rule 9040-3
Cases reopened for non-asset administration may be reclosed 60 days after reopening unless matters pending.
Cases reopened for any purpose other than to administer assets may be reclosed by the clerk of court 60 days after reopening unless matters are then pending.
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Page 33 | Rule 5010-1
Service and Proof of Service Rules
In chapter 7/12/13 cases, when amending schedules to add creditors after 341 notice mailed but before 341 meeting, debtor must serve notice and 341 copy on added creditors and file proof of service.
If the debtor in a chapter 7, 12, or 13 case amends the schedules of creditors after the 11 U.S.C. § 341 meeting notice has been mailed, but before the 11 U.S.C. § 341 meeting occurs, the debtor shall serve on any creditors added by the amendment a notice of the amendment, together with a copy of the 11 U.S.C. § 341 meeting notice. The debtor shall file proof that service has been effected on the added creditors.
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Page 6 | RULE 1009-1. AMENDMENTS TO PETITION, LISTS, SCHEDULES AND STATEMENTS
Chapter 7 trustee must provide notice of final report and fee application using specific form in cases exceeding threshold.
In chapter 7 cases in which the net proceeds realized exceeds the amount in Fed. R. Bankr. P. 2002(f)(8), the chapter 7 trustee shall provide notice of the trustee's final report, fee application and objection deadline using the form 'Notice of Trustee's Final Report and Applications for Compensation.' (UST Form 101-7 (NFR)).
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Page 10 | Rule 2002-1(b)(5)
Clerk must serve notice of §341 meeting in each new and converted case.
The clerk of court shall prepare and serve notice of the 11 U.S.C. § 341 meeting of creditors in each new and converted case, pursuant to Fed. R. Bankr. P. 2002(a)(1).
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Page 10 | Rule 2002-1(b)(1)
Clerk must provide notice of hearing on petition for recognition of foreign proceeding and intention to communicate.
The clerk of court shall provide notice pursuant to Fed. R. Bankr. P. 2002(q) of the court's hearing on a petition for recognition of a foreign proceeding, and of the court's intention to communicate with a foreign court or foreign representative as prescribed by Fed. R. Bankr. P. 5012.
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Page 10 | Rule 2002-1(b)(6)
Proponent of chapter 11 plan must give notice of the deadline for accepting or rejecting the plan.
The proponent of the plan in a chapter 11 case shall give notice of the time fixed for accepting or rejecting a plan.
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Page 10 | Rule 2002-1(b)(3)
Debtor or trustee in chapter 11 case must give notice of claims deadline.
The debtor or trustee, if applicable, in a chapter 11 case shall give notice of the deadline for filing claims.
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Page 10 | Rule 2002-1(b)(4)
If a petition preparer's compensation exceeds $400, they must serve Official Form B119 and the disclosure on the U.S. Trustee via email within 14 days after filing.
If the amount of compensation disclosed pursuant to 11 U.S.C. §110(h)(2) exceeds $400, the bankruptcy petition preparer shall serve a copy of the filed Official Form B119 on the United States ... The bankruptcy petition preparer shall serve the Official Form B119 and the disclosure of compensation on the United States Trustee via email to ustpregion18.se.ecf@usdoj.gov within fourteen days after filing.
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Page 17 | RULE 2016-2
Debtor must serve plan on creditors at least 14 days before the meeting of creditors if plan is filed after petition.
If the plan is filed after the petition, the debtor shall serve copies of the plan on all creditors not less than 14 days prior to the originally scheduled meeting of creditors. Nothing in this subsection excuses compliance with Fed. R. Bankr. P. 3015(b).
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Page 20 | Rule 3015-1
Debtor must serve the plan on the claim holder following FRBP 7004 service rules.
serve the plan on the holder of the claim in the manner provided for service of a summons and complaint by Federal Rule of Bankruptcy Procedure 7004;
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Page 21 | Local Rules of Bankruptcy Procedure
Motions for cash collateral or financing orders must be served on the U.S. Attorney's Office and the Washington Attorney General.
Notice of all motions seeking approval of use of cash collateral or financing orders must be served on the United States Attorney’s Office, Attn: Bankruptcy Assistant, 700 Stewart Street, Room 5220, Seattle, Washington 98101, and the Attorney General for the State of Washington, Bankruptcy and Collections Unit at 800 Fifth Avenue, 20th floor, Seattle, Washington 98104. The notice required by this rule is in addition to any other applicable notice and service requirements.
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Page 27 | Special Notice to Taxing Agencies
Motions for hardship discharge must be served on the trustee, U.S. trustee, and all creditors at least 21 days before the hearing.
Motions for discharge under 11 U.S.C. § 1328(b) shall be filed with the court and served on the trustee, United States trustee, and all creditors at least 21 days preceding the date fixed for hearing.
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Page 28 | RULE 4004-1 MOTIONS FOR HARDSHIP DISCHARGE
Plaintiff must file certificate of service within 14 days after serving summons and complaint.
The plaintiff shall file a certificate of service within 14 days after service of a summons and complaint has been effected.
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Page 34 | Rule 7004-1
Service of the motion to seal and sealed document must comply with Federal and Local Rules and include a certificate of service.
Service of the motion to seal and the sealed document, where appropriate, must be made in accordance with the Federal Rules of Civil Procedures, Federal Rules of Bankruptcy Procedure and these Local Bankruptcy Rules., and be accompanied by a certificate of service
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Page 45 | Sealing
Debtor must serve amendment to exemptions on trustee and affected entities, and file proof of service on non-ECF participants.
If the debtor amends the claim of exemptions listed on Schedule C, the debtor shall serve a copy of the amendment on the trustee and on any entity affected thereby. The debtor shall file proof that service has been effected on all non-ECF participants.
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Page 7 | Amendment to Exemptions
Debtor or trustee must file certificate of service of notice within 7 days.
The debtor or trustee shall file a certificate of service of the notice with the Clerk within 7 days
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Page 7 | Claims
Motion to vacate dismissal order must be served on trustee and all parties in interest.
Unless the court orders otherwise, a motion to vacate an order of dismissal entered pursuant to this rule shall be noted for hearing pursuant to Local Bankruptcy Rule 9013-1 and shall be served on any trustee appointed in the case and all additional parties in interest.
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Page 8 | RULE 1017-1(g)
In large chapter 11 cases, court may require retention of a claims and noticing agent.
In a large chapter 11 case involving numerous parties in interest, the court may require the party initiating the case, or subsequently appointed trustee or examiner, to retain a claims and noticing agent under 28 U.S.C. § 156(c).
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Page 10 | Rule 2002-1(d)
Proof of service must include the master mailing list used for noticing.
Parties shall attach a copy of the master mailing list used for noticing to the proof of service filed with the court.
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Page 11 | 2002-1(e)
Party must give written notice to all creditors and parties in interest of rescheduled meeting and file copy with certificate of service.
If the date, time, or location of the meeting of creditors is changed, the party who requested the change must give written notice to all creditors and parties in interest of the date, time, and location of the rescheduled meeting and file a copy of the notice and a certificate of service with the court.
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Page 13 | Meeting of Creditors Continuance and Alternate Appearance
Debtor must serve most recent tax return on UST and committee within 14 days of order for relief.
The chapter 11 debtor in possession or chapter 11 trustee shall serve copies of the following on the United States trustee and any committee: (1) the debtor's federal income tax returns. The debtor in possession shall provide the most recently filed return within 14 days after the entry of the order for relief, and its returns for each subsequent year whenever such returns are submitted to the Internal Revenue Service;
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Page 14 | Rule 2015-1
Debtor must serve proof of insurance on UST and committee within 7 days of order for relief.
The chapter 11 debtor in possession or chapter 11 trustee shall serve copies of the following on the United States trustee and any committee: (2) proof of insurance covering estate assets and liability, if applicable. The debtor in possession shall provide initial proof of insurance within 7 days after entry of the order for relief and proof of insurance renewals thereafter as obtained;
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Page 14 | Rule 2015-1
Fee applications must be served on the debtor and chapter 13 trustee; notice of hearing must be served on debtor, trustee, and all creditors with allowed claims.
All applications for compensation for services and for reimbursement of necessary costs and expenses shall be served on the debtor and the chapter 13 trustee. A notice of hearing on the application shall be served on the debtor, the chapter 13 trustee, and all creditors holding allowed claims.
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Page 17 | RULE 2016-1(e)(3)
Withdrawal motions must be served on the client in bankruptcy cases, and on the client and all parties in adversary proceedings.
A motion filed pursuant to subsection (b)(2) in a bankruptcy case shall be served on the client. A motion filed pursuant to subsection (b)(2) in an adversary proceeding shall be served on the client and all parties.
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Page 18 | RULE 2089-1(d)
A motion for entry of default need not be served on a defaulting party who has not appeared; if the defaulting party has appeared, the motion must be noted per Local Bankruptcy Rule 9013-1.
A motion for entry of default need not be served on the defaulting party. However, in the case of a defaulting party who has entered an appearance, the moving party must note the motion for an order of default in compliance with Local Bankruptcy Rule 9013-1.
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Page 36 | RULE 7055-1. DEFAULT; DEFAULT JUDGMENT
Proof of conventional service (non-ECF) must be filed by the response date.
Proof of any conventional (non-ECF) service of the notice and the motion shall be filed by the response date.
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Page 40 | Local Bankruptcy Rule 9013-1(d)(2)(B)
Clerk may give notice via ECF, Bankruptcy Noticing Center, or similar service.
The clerk of court may give notice through the electronic filing system ('ECF'), the Bankruptcy Noticing Center, or similar service.
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Page 10 | Rule 2002-1(c)
Notice by mail is adequate if the master mailing list is current within 7 days of mailing.
Notice is presumed to be adequate if mailed to all entries on the master mailing list, provided that the list is current to within 7 days of mailing.
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Page 11 | 2002-1(e)
In Chapter 7 cases, after the claims deadline, notices may be limited to creditors with filed claims or extensions.
In a chapter 7 case, after expiration of the deadline for filing claims and entry of an order allowing or disallowing claims, all notices required to be given to creditors pursuant to Fed. R. Bankr. P. 2002(a)(2), (3), and (6), and 2002(f)(8), may be limited to creditors whose claims have been filed and creditors who are still permitted to file claims by reason of an extension granted by the court.
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Page 11 | 2002-1(f)
Service on UST for ex parte applications may be made by fax or email to specified address.
For purposes of this rule, the United States Trustee’s Office will accept service by facsimile or electronically at USTPRegion18.SE.ECF@usdoj.gov.
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Page 13 | Rule 2014-1
When plan is filed with petition, clerk mails a copy to all creditors.
If the plan is filed at the same time as the petition, the clerk of court shall mail a copy of the plan to all creditors.
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Page 20 | Rule 3015-1
When serving a Text Only Docket Order on non-ECF participants, send a copy of the Notice of Electronic Filing, but only the pages with filing information, docket entry, and document descriptions need to be served.
If a party is required to serve notice of a Text Only Docket Order to parties who are not ECF participants, the party shall send a copy of the Notice of Electronic Filing to such recipients. Only those pages of the Notice of Electronic Filing that contain the filing information, the docket entry and the document descriptions need to be served.
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Page 47 | Service of Text Only Docket Order
Filing Fees and Waivers
Individual chapter 7 debtor may file waiver application (Form B 103B) with petition for waiver of filing fee.
Application for Waiver of Filing Fee. An individual chapter 7 debtor seeking a waiver of the chapter 7 filing fee must file an Application to Have the Chapter 7 Filing Fee Waived (Official Form B 103B) with the voluntary petition. Local Rule W.D. Wash. LCR 3(b) shall not apply in bankruptcy cases.
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Page 5 | Application for Waiver of Filing Fee
Debtor unable to pay filing fee may file installment application with initial payment due with petition; initial installment amounts vary by chapter; denial if prior case within 8 years with fees owed.
Application to Pay Filing Fee in Installments. If the debtor is unable to pay the filing fee except in installments, the debtor must file an Application for Individuals to Pay the Filing Fee in Installments (Official Form B 103A) with the voluntary petition. (1) The initial installment payment for individual chapter 7, 12 or 13 cases shall be $100. The initial installment payment for individual chapter 11 cases shall be $350. The initial installment is due with the voluntary petition. (2) The chapter 13 trustee is authorized to pay the balance of the filing fee owing in a chapter 13 case in which the debtor has been authorized to pay the filing fee in installments from plan payments made prior to confirmation of the plan. (3) An application to pay the filing fee in installments will be denied if the debtor or joint debtor has commenced a bankruptcy case within 8 years before the date of the filing of the instant petition, or has a pending case, in which the filing fees are owed to the Bankruptcy Court for the Western District of Washington.
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Page 5 | Application to Pay Filing Fee in Installments
Voluntary petition must be accompanied by full payment, waiver application, or installment application.
Every voluntary petition submitted to the clerk of court for filing shall be accompanied by one of the following payment options: (i) full payment of the applicable filing fee; (ii) a signed application for waiver of the filing fee, if the debtor is eligible; or (iii) a signed application to pay the filing fee in installments.
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Page 5 | General Requirements
Reopening filing fees are due at time motion is filed.
Except as otherwise ordered by the court, any filing fees prescribed by 28 U.S.C. § 1930(b) and the Judicial Conference of the United States are due at the time the motion is filed.
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Page 33 | Rule 5010-1
Notice of removal must be accompanied by a filing fee as required for adversary proceedings.
a notice of removal required to be filed in the Western District of Washington pursuant to Fed. R. Bankr. P. 9027 shall be filed with the clerk of court of the Bankruptcy Court and shall be accompanied by a filing fee as required for adversary proceedings.
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Page 47 | REMOVAL/REMAND
Amendments to schedules must be accompanied by the prescribed fee.
Every amendment to a debtor’s schedules of creditors or equity security holders shall be accompanied by the fee prescribed by the Judicial Conference of the United States.
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Page 7 | Fee for Amending Schedules
Courtesy Copy Requirements
Copies of filed documents must be delivered to chambers following each judge's procedures.
Copies of filed documents are required to be delivered to chambers in accordance with each Judge’s procedures, which can be found on the court’s website.
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Page 41 | Local Bankruptcy Rule 9013-1(d)(4)
Sealing & Redaction Procedures
The ECF event for sealing motions allows filing under seal without prior approval; sealed documents must be docketed separately but simultaneously.
The designated ECF event for the motion to file under seal will permit documents to be filed under seal without prior court approval pending the court’s ruling on the motion to seal. The document(s) sought to be sealed shall be electronically docketed separately from but simultaneously with the motion to file under seal.
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Page 45 | Sealing
If a motion to seal is denied, the document stays sealed and is not considered; to be considered, it must be re-filed using a nonrestricted ECF event.
If a motion to file under seal is denied, the document filed under seal will remain under seal and shall not be considered by the court for any purpose. If the filer subsequently wishes to have the document considered by the court, the document must be re-filed using a nonrestricted ECF docket event.
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Page 45 | Sealing
To remove protected private information, file a motion to redact; clerk temporarily blocks access; if granted, within 7 days the filing party must file a redacted version, and the clerk permanently blocks the original.
If a document is filed which discloses protected private information, a party seeking to protect the private information on the publicly-accessed electronic docket may file a motion (See Local Bankruptcy Rule 9013-1) seeking to have the document redacted. Upon receipt of such a motion, the clerk shall temporarily block public access to the document at issue pending the court’s determination of the motion. If the motion is granted, then within 7 days of the entry of the order granting the motion, the party who filed the original unredacted document will be responsible for filing a redacted version of the document. When the new redacted document is filed, the clerk shall permanently block public access to the original unredacted version.
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Page 46 | Sealing
There is a strong presumption of public access; parties must consider alternatives to sealing, including redaction.
There is a strong presumption of public access to the court’s records. This rule applies in all instances where a party seeks to overcome that presumption by filing a document under seal, thereby denying public access to that document. Alternatives to filing a document under seal are to be considered, including considering whether the document could be filed in a redacted version to address secrecy, privacy or confidentiality concerns while still providing the relevant information. See Fed. R. Bankr. P. 9037.
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Page 44 | Rule 9018-1
When sealing an exhibit within a public document, insert a blank page reading "Exhibit __: FILED UNDER SEAL".
If the document to be filed under seal is an exhibit to another document, an otherwise blank page should be inserted into the openly filed document reading "Exhibit __: FILED UNDER SEAL".
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Page 45 | Sealing
Non-ECF participants may submit sealing motions and documents on paper per Local Bankruptcy Rule 5005-2.
Parties who are not ECF participants may submit a motion to file under seal and the documents sought to be filed under seal on paper, in accordance with Local Bankruptcy Rule 5005-2.
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Page 45 | Sealing
Access to sealed documents is limited to the filer, assigned chambers, and IT staff, unless otherwise ordered or provided by statute.
Except as provided under 11 U.S.C. §§107(c)(2) and (3) or otherwise ordered by the court, only the filer, members of the judicial chambers assigned to the particular case, and the court’s Information Technology staff shall have access to the sealed document.
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Page 45 | Sealing
If the motion to seal itself contains sensitive material, the party must still file a motion to seal and then file the sealed document using a designated ECF event.
In the rare circumstance that the motion to seal, or the opposition, reply, or declarations in support, if any, must be filed under seal, the filing party must still prepare and file a motion to file the pleading under seal, then file the motion, opposition, reply or declaration as a sealed document using a designated ECF event.
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Page 45 | Sealing
Paper documents for sealing must be delivered to the Clerk in an envelope marked "SEALED DOCUMENT" with case caption and number.
A document on paper sought to be sealed shall be presented to the Clerk in an envelope with the case caption, case number, and "SEALED DOCUMENT" clearly marked on the outside of the envelope.
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Page 45 | Sealing
Pre-Motion Conference Requirements
Withdrawal without replacement requires a court order, obtained either by stipulation or by motion with hearing.
An attorney who wishes to withdraw from representing a client without replacement must obtain an order of the court. Such an order may be sought by: (1) filing an ex parte stipulation and order signed by the attorney and the client authorizing the attorney to withdraw; or (2) filing a motion to withdraw and noting it for hearing pursuant to Local Bankruptcy Rule 9013-1(d)(2)(F).
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Page 18 | RULE 2089-1(b)
Adjournment & Extension Requirements
Motion for extension of time to file schedules must be filed before deadline and contain specified information; court cannot extend to within 7 days of 341 meeting unless continuance arranged.
A motion for extension of time to file schedules, statements, and documents required by Fed. R. Bankr. P. 1007(b)(1)(A), (B), (C), (D), (F), (b)(4), (b)(5) and (b)(6) shall be filed prior to the expiration of the deadline for filing. The motion shall contain: (A) the date the petition was filed; (B) the date the schedules and statements are due; (C) the date set for the 11 U.S.C. § 341 meeting of creditors; and (D) the reason for the delay. The court shall not extend the date for filing schedules, statements, and documents to a date within 7 days of the 11 U.S.C. § 341 meeting of creditors, unless the debtor has arranged with either the trustee or the United States trustee for a continuance of the meeting and mails
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Page 5 | RULE 1007-1. LISTS, SCHEDULES, STATEMENTS
Requests to continue a §341 meeting or appear otherwise must be made in advance with reason to trustee/UST, approved within 3 days, and if approved, notice given to creditors; if denied, motion with explanation and certification may be filed.
Requests for a continuance of a meeting of creditors or for a debtor's appearance at a meeting of creditors other than in person are disfavored. (1) Form and Timing of Request. Requests should be made at the earliest possible time and in advance of the scheduled date for the meeting of creditors. The request must include a reason for the modification. (2) To Whom and How. Requests to reschedule a meeting of creditors or to appear other than in person must be made by regular mail or email to the chapter 7, 12 or 13 trustee, if applicable, and the United States Trustee by regular mail or email to ustpregion18.se.ecf@usdoj.gov. The subject line of any email request should state “Request to Reschedule” or “Request to Appear Other Than in Person” with the case name, case number, and date of the currently scheduled meeting of creditors. The request should not be filed with the court. (3) Approval. Within three days of receipt, the trustee or the United States Trustee shall advise if the request has been approved or denied. (4) Notice. If the date, time, or location of the meeting of creditors is changed, the party who requested the change must give written notice to all creditors and parties in interest of the date, time, and location of the rescheduled meeting and file a copy of the notice and a certificate of service with the court. (5) Court Approval. If the request for a continued hearing or alternate appearance is denied by the trustee or United States Trustee, the debtor may file a motion seeking court approval of the continuance or alternate appearance. Any motion must contain an explanation of the need for the modification and a certification that the debtor sought a continuance from the trustee or United States Trustee under paragraphs (b)(1) and (b)(2) of this Rule.
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Page 13 | Meeting of Creditors Continuance and Alternate Appearance
A request for continuance represents that consent has been obtained from all parties who responded.
A party who dockets a notice requesting a continuance of a hearing on a motion is affirmatively representing to the court that consent to the continuance has been obtained from all parties who have filed an objection or response.
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Page 39 | Local Bankruptcy Rule 9013-1(b)(7)
Chambers Communication Rules
Ex parte chapter 13 dismissal orders must be emailed to the Seattle and Tacoma chapter 13 trustees.
Ex parte dismissal orders shall be sent to the Seattle chapter 13 trustee at courtmail@seattlech13.com and to the Tacoma chapter 13 trustee at specialcounsel@chapter13tacoma.org.
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Page 43 | Rule 9013-1
Unrepresented parties must confirm hearings by calling chambers before the deadline in subsection (d)(8).
An unrepresented individual shall confirm a hearing by calling the judge’s chambers by the deadlines set forth in subsection (d)(8) below.
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Page 39 | Local Bankruptcy Rule 9013-1(b)(5)