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Proposed Local Rule Amendments DRAFT

Current Rule

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 Title Proposed Rule

Redline

 Explanation of Proposed Change Committee Date Approved
1000-1   Prohibition of Bias 1000-1 Redline Adds references for sex, national origin, genetic information, marital status, and veteran status for consistency with protections provided under federal law 11 11/25/14
  X Professional Conduct 1000-2   Professional  & Ethical Rules G 6/30/15
1001-1   General Scope     No change    
  X Commencement of Chapter 11 Cases - Status Conferences 1002-1   Replaces former General Order re first day motion procedures and relief – Ch 11 Status Hearing preferably set on same day as the 341 meeting U 8/26/14
1005-1   Caption and Form of Papers 1005-1 Redline Adds requirement to include trade names or DBAs in petition caption U 8/26/14
1005-2  

Petition

 1005-2 Redline  Minor text change; clarify "amendment" v "amended" and notice for same

7

1/28/14

8/26/14
 

X

Business Chapter 7

 1005-3   Imposes duty to inform trustee when business cases are filed and to initiate turnover

7

4/29/14

1006-1

  

Filing Fee

 1006-1 Redline Clarifies that in a represented case, the attorney is responsible for paying the filing fee; Grants clerk’s office authority to grant one 28 day extension of the time period to pay the filing fee with all other requests to be reviewed by a judicial officer; The minimum payment is increased to $80.00; The standards for when a fee waiver may be granted are now included; Other technical changes and language corrections

7/G

3/25/14

2/24/15

1007-1

 

Lists, Schedules and Statements

1007-1

 Redline

Limits extension of time to file papers to 7 days prior to initial 341 meeting

7

1/28/14

1009-1

   Amendments to Petition, Schedules and Statements     No change

 

  

1015-1

  

Consolidation or joint Administration of Cases

 1015-1 Redline

Clarifies filings in jointly administered cases and substantively consolidated cases

11

4/29/14
1017-1   Dismissal of Case 1017-1 Redline Clarifies grounds for dismissal and notice period for objections; Overhauled to be in compliance with Fed.R.Bank.P. 1017 and 2002 and to institute the reinstatement provision in the rule. 

7

 N.Dickerson suggestion
 

X

 Conversion of Case 1019   Proposes local rule concerning conversion of cases.

7/11

 Proposed rule never submitted to plenary
1071-1   Divisions - Bankruptcy Court     No change    
1072-1   Places of Holding Court     No change    
1073-1   Assignment of Cases     No change    

2002-1

  

Notices to Creditors

 2002-1 Redline

Changes "creditors" to "all parties"; Other technical revisions to address grammar issues

11

4/29/14
 

X

 Procedures for 21-Day Negative Notice 2002-2   Specifies matters for which negative notice is acceptable and cross-references 9013-1(k); Judges may alter through individual procedures; Notice to include time to respond or a separate pleading should be filed

U/G

3/25/14

5/27/14

6/30/15
2003-1   Meeting of Creditors     No change    
 

X

 Time Limits to Compel Examination or Production of Documents 2004-1   Establishes 14-day notice period for exams and RFPs; presumptive limits remain subject to Court modification.  Follows the procedure established by Judge Collins

G

7/29/14
2014-1   Compensation of Professionals on a Fixed or Contingent Fee Basis 2014-1 Redline Adds new sub-section (b) requiring prompt disclosure of any professionals retained by other estate professionals or third parties for the benefit of the estate; Such disclosure may be made under seal, if appropriate

11

2/24/15
2015-1   Interim Reports 2015-1 Redline Adds reference to U.S. Trustee's Guidelines and Website

11/13

 1/28/14
2084-1   Scope - Chapter 13 Rules 2084-1 Redline Minor text changes.

13

7/29/14

8/25/15
2084-2   Filing Requirements 2084-2 Redline Adds requirement to use standard form Business Operating Statement; minor text changes

13

7/29/14
2084-3   Attorney Fees 2084-3 Redline Minor non-substantive text change

13

7/29/14

8/25/15
2084-4   Plan 2084-4 Redline
Requires an amended plan form to be used when an amended plan is filed before confirmation (may no longer file summary of changed terms); Provides additional instructions for completing form plan

13

 2/24/15
2084-5   Tax Returns 2084-5 Redline Adds text that notice of commencement of case shall include warning of summary dismissal for failure to file required returns

13

7/29/14
2084-6   Adequate Protection Payments 2084-6 Redline Clarifies that LR applies to all personal property; Adds text concerning payment upon pre-confirmation dismissal; Minor text changes

13

7/29/14

2/24/15
 

X

 Continuance of Meeting of Creditors 2084-7   Establishes notice procedures for a continued Meeting of Creditors – usually by trustee’s office – but BNC option remains (moved from 2084-4(f))

13

7/29/14
2084-8   Serving the Plan or Motion for Moratorium 2084-8 Redline Established that notice will be through the BNC; minor text changes

13

7/29/14
2084-9   Creditor Objection to Plan or Motion for a Moratorium 2084-9 Redline Resets objection deadline in the event of a continued 341 Meeting or reinstatement (the later of 14 days of continued 341 or 28 days after service); Establishes separate objection deadlines based upon whether a case is dismissed before or after a 341 Meeting is held

13

1/27/15
2084-10   Trustee's Recommendation / Objection 2084-10 Redline Requires Debtor to comply with trustee recommendation/evaluation or request a hearing; upon failure to comply, Trustee may upload dismissal order, which may be entered after 14 days

13

10/28/14
2084-11   Hearing on Objection or Confirmation 2084-11 Redline Minor changes; Advises that nothing in rule prevents a creditor from seeking a hearing on its objection to confirmation

13

10/28/14
2084-12   Confirmation of Plan or Granting of Motion for Moratorium without Hearing 2084-12 Redline No substantive change – requires trustee’s signature on SOC

13

10/28/14
2084-13   Order Confirming Plan or Granting Motion for a Moratorium 2084-13 Redline Sets forth procedures for obtaining confirmation and when payments shall commence

13

10/28/14
  X
Confirmation Status Hearing
 2084-14   Provides deadline for Clerk’s Office to set a confirmation status hearing if plan is not confirmed within 210 days after the petition date; Other parties may set an earlier hearing; Requires debtor to file a detailed status report 3 days prior to status hearing

13

2/24/15
2084-15   Trustee Motion to Dismiss for Plan Payment Delinquency 2084-15 Redline No substantive change – technical edit

13

10/28/14
2084-16   Debtor's Objection to Proposed Dismissal Order 2084-16 Redline Requires that objections to dismissal provide detailed basis for objection; Clarifies that motions for additional time to submit an SOC shall not constitute an objection to a previously lodged dismissal order

13

1/27/15
2084-17   Reinstatement of Dismissed Case 2084-17 Redline No substantive change – technical edit

13

10/28/14
2084-18   Plan Payments 2084-18 Redline No substantive change – technical edit

13

10/28/14
  X Conduit Mortgage Payments 2084-19   Sets procedure for residential mortgage payments through trustee as well as duties of debtors, trustees, and creditors ; Payments implemented through use of Forms 2084-19A & B – currently used in Tucson only

13

1/27/15
  X [RESERVED] 2084-20  

Requires trustee to withhold payment of court approved postconfirmation administrative expenses not provided for in confirmed plan; A modified plan is not required if the amount sought is less than $1,000 and unsecured creditors are not negatively impacted

[Numbering changed at meeting of 1/27/15. Rule 2084-19 is changed to 2084-20] - Mtg of 8/25 deleted rule 2084-20, which is now reserved.

13

10/28/14

1/27/15
  X Conversion to Chapter 7 by Debtor 2084-21   The preferred procedure for a debtor is to file a notice of conversion. The rule clarifies that when a debtor files a motion instead of a notice then, for purposes of § 348(c) and F.R.B.P. 1019, the conversion date is when the court enters an order granting the motion.

13

10/28/14

8/25/15
2084-22   [RESERVED]     No change    
2084-23   Stay Relief to Secured Creditors 2084-23 Redline New Subsection (b) added to allow trustee to recommence disbursements if secured creditor files notice that default has been cured or that no action is being taken on the order granting stay relief; Creditor must advise trustee within 7 days if they execute on stay relief order

13

10/28/14
2084-24   [RESERVED]     No change    
2084-25   Sale of Property or Incurring New Debt 2084-25 Redline Clarifies the information necessary and procedures to obtain ex parte authorization to incur debt or sell property pre-confirmation or to obtain post-confirmation authorization from the trustee

13

10/28/14
2084-26   Debtor Completion of Plan Requirements: Discharge 2084-26 Redline Imposes new requirement for debtor to provide trustee with Form 2084-26A and file Form 2084-26B if a claim for a DSO was filed; If no objection filed to Form2084-26B. then discharge may be entered; Failure of debtor to comply may result in closing of case without discharge

13

11/25/14
 

X
Transmission of Documents with PII to Trustee
 2084-27   Requires redaction of PII or submission through special method or portal 13 10/28/14
  X Electronic Service On Chapter 13 Trustees 2084-28  

Individual trustee procedures to be posted on trustee’s website; Info on Trustees’ websites to be placed on Court’s website

13

1/27/15

8/25/15
2090-1   Attorneys - Admission to Practice 2090-1 Redline

Precludes appearance unless admitted before District Court; Creates presumption that an attorney of record appears in all matters; Reiterates that a non-individual must have counsel; Changes format for disqualification for Pro Hac Vice; Requires designation of local counsel unless otherwise ordered; Provides the ability for the Court to appoint co-counsel; Changes format to pro hac vice application, requires proof of payment of fees, requires disclosure of all courts the attorney is admitted to practice in, requires disclosure of disciplinary proceedings, expands disclosure of previous applications in this district from one year to three years, and requires signature of local counsel; Specifically excepts federal and state government attorneys from rule; New section on limited appearances; Change of address section deleted as now covered by proposed 9010-1(g)

Subsection (b)(3)(4) tabled at meeting of 6/30/15 

G

7/29/14

8/25/15
2090-2   Bankruptcy Petition Preparers 2090-2 Redline Adds disciplinary authority for the Court; Approved with minor changes

7/U

6/24/14

6/30/15
 

X

 Attorneys - Conduct & Discipline 2090-3   Establishes standards of conduct and enumerates discipline authority of the Court;  Approved with minor changes

G

7/29/14

6/30/15
 

X

 Filing Proof of Claim or Equity Security Interest in Ch 9 & Ch 11 Cases 3003-1  
Establishes procedure for giving notice of bar date for filing proofs of claim and interest in chapter 9 and chapter 11 cases.

U

9/30/14
3007-1   Claims - Objections 3007-1 Redline Clarifies negative notice procedure and CNO deadlines

7

5/27/14
3018-1   Acceptance or Rejection of Plans     No change    
4001-1   Automatic Stay - Relief From

4001-1

 Redline

Clarifies procedures for stipulations for stay relief and confirms that no fee shall be charged when stipulation is filed without motion - “No additional notice is required for stipulations entered into after a motion and notice have been filed.  Such stipulation shall not be filed prior to the expiration of the objection deadline.”

4001-1(b) Limits pre-filing residential certification to Ch 13 cases

4001-1(f) Eliminates 3 day mailing period as duplicative to 3 day rule of FRBP 9006

11/U

4/29/14

9/30/14
4001-2   Motion for Entry of Order Confirming Termination or Absence of Stay     No change    
4001-3   Cash Collateral - Agreement for Immediate Use 4001-3 Redline Revisions to cash collateral procedure; creates  a “meet and confer” requirement

11/U

5/27/14
4001-4   First Day Motions 4001-4 Redline Clarifies procedures for first-day and non-first day motions. Propsed revision to 4001-4(a) to fix type ("he" to "be") and to offer further guidance on sending notice to the UST for first-day motions.  Further clarifies that first-day orders are interim orders and establishes notice to parties for service of first day orders

11/U

4/19/14

5/27/14
4003-2   Lien Avoidance 4003-2 Redline Adds new section specifically addressing orders avoiding liens on a debtor's principal residence. U 6/24/14
4008-1   Reaffirmation     No change    
5001-1   Clerk's Office     No change    
5005-1   Filing Documents    

No change

 

  
5005-2   Electronic Court Filing System 5005-2 Redline

Changes to entire rule to require mandatory electronic filing in all cases except pro se.  Provides that attorney must provide his/her email address on pleadings (not just a general email for receipt of ECF filings).

Eliminates /s/ signatures and requires /s/Name, Bar Number; Establishes /s/Name with permission signature when registered user is not the filer; Clarifies original signature retention requirements.

Establishes procedure for conversion of paper documents to electronic format prior to filing and for disposal of same 14 days after docketing
 

G/U

7/29/14

2/24/15

3/31/15
 

X

 Bankruptcy Petition Preparers 5005-3 Redline

This rule is mooted by the changes that went into effect on 12/1/15

Clarifies that it is debtor’s responsibly to ensure all documents are filed and allows debtor working with BPP to file documents  (intended to relieve court’s administrative burden)

- Rule 5005-2(a)(3) changed to 5005(3) & 5005(2)(m) re-lettered to 5005(2)(k)

 G/U

7/29/14

9/30/14
  X Electronic Service 5005-4   Sets forth procedure for electronic service of documents; The notice of electronic service issued by the ECF system is NOT sufficient for purposes of proper service, except for service of a notice by the Clerk pursuant to Bankr. Rule 9022;  Electronic service by e-mail is allowed, but the e-mail must be sent to a party’s direct e-mail address and the e-mail must include a .pdf attachment of the document as filed in the case U 8/29/14
  X Documents Filed Under Seal 5005-5   Updated to reflect change in clerk’s office policy of sealed documents on the ECF system instead of storing hard copy of sealed documents in court’s vault; Establishes procedure for disposition of any hard copies of sealed documents; Establishes alternative procedure for opening a separate miscellaneous proceeding. U 3/31/15
5011-1   Referral of Bankruptcy Cases and Proceedings     No change    
5011-2   Withdrawal of Reference     No change    
5095-1   Deposit of Funds in the Registry Account     No change    
 

X

 Deposit of Unclaimed Funds 5095-2   Establishes procedures for release for further administration

U

5/27/14
 

X

 Interim and Final Relief Immediately Following Commencement of the Case 6003-1   Clarifies that to the extent an order under 6003(a)(b) or (c) is entered without an interim designation, such order will remain interim until the passage of 21 days (employment; use, sale or lease; assumption or assignment)

U/11

5/27/14
6004-1   Sales Not in the Ordinary Course of Business 6004-1 Redline Notice of consummation of sale to be filed within 28 days (21 days changed to 28 days at Jan. 27, 2015 plenary meeting)

7/11

6/24/14

1/27/15
6006-1   Executory Contracts and Unexpired Leases     No change    
6007-1   Abandonment of Property 6007-1 Redline Abandonment of Property

7

 
6008-1   Redemption 6008-1 Redline

Changes notice from 14 days to 21 days and requires a detailed notice be provided to the secured creditor

7/11

5/27/14

9/30/14
  X Pleading Consent to Entry of Final Order or Judgment 7008-1   Result of the Stern & Wellness decisions – requires parties to consent to BKC jurisdiction to enter final orders/judgments 11 7/28/15
  X Objection to Bankruptcy Court Jurisdiction or Authority 7012-1   Rule 7012-1(b) addresses the procedure when an objection to jurisdiction is filed and directs compliance with Rule 12(b). 11 7/28/15
7016-1   Joint Pretrial Statement 7016-1 Redline Requires Joint Pretrial Statement to be filed 7 days prior to trial; Mandates inclusion of certain information; Requires direct testimony of experts to be via declaration; Requires all exhibits to be presented electronically, except for pro se litigants G 5/19/15
 

X

 Discovery Disputes in Adversary Proceedings 7037-1   Imposes duty to contact chambers for informal conference prior to filing any discovery related motion; Imposes duty to make good faith efforts to resolve discovery dispute prior to bringing before Court and provides guidance on what constitutes “personal consultation”

U

 9/30/14
7054-1   Costs - Taxatio     No change    
8001-1   District Court Appellate Rules     No change    
9001-1   Definitions     No change    
9004-1   Papers - Caption and Form, General 9004-1 Redline

Prohibits submitting parties from including identifying information on form of order; Orders must be capable of being edited in PDF and must explicitly state the relief granted (may not incorporate by reference a stipulation or motion); Requires a uniform signature block substantially similar to “DATED AND SIGNED ABOVE”

 G 10/28/14
9009-1   Forms     No change    
9010-1   Attorneys --Appearance, Withdrawl, Substitution and Change of Contact Information 9010-1 Redline

Compliance with E.R.1.17 of Arizona Rules of Professional Conduct

 G 6/30/15
  X Attorney Duties to Chapter 7 Debtor and Debtor’s Duties 9010-7A   Establishes the rights and responsibilities of a Chapter 7 debtor and their counsel 7

5/19/15

11/17/15
  X Bankruptcy Petition Preparer’s Non-delegable Duties to Chapter 7 Debtor and Debtor’s Duties 9010-7B   Establishes the rights and responsibilities of a Chapter 7 debtor and their bankruptcy petition preparer 7 5/19/15
  X Unrepresented Debtor’s Duties in a Chapter 7 Case 9010-7C   Establishes the rights and responsibilities of a Chapter 7 debtor 7 5/19/15
  X Attorney Duties to Chapter 13 Debtor and Debtor’s Duties 9010-13A   Establishes the rights and responsibilities of a Chapter 13 debtor and their counsel 13 9/22/15
  X Unrepresented Debtor’s Duties in a Chapter 7 Case 9010-13B   Establishes the rights and responsibilities of a Chapter 13 debtor 13 9/22/15
9011-1   Attorneys - Ethical Obligations     No change    
9013-1   Motion Practice 9013-1 Redline

Establishes 15 page limit for all motions, responses, and replies; Provides non-exclusive list/guideline for motions that can be filed ex parte; Imposes duty to contact chambers for informal conference prior to filing any discovery related motion; Imposes duty to make good faith efforts to resolve discovery dispute prior to bringing before Court and provides guidance on what constitutes “personal consultation"; Minor revisions and renumbering; and Provides a comprehensive list of all matters for which negative notice is allowed and not identified in any other local rule.

 U

3/25/14

6/24/14

9/30/14

11/25/14
9014-1   Applicability of Federal Rules     No change    
  X

Consent and Objection to Bankruptcy Court Jurisdiction or Authority

 9014-2  

Compliance with Stern and Wellness decisions

Minor or technical changes

 G

11/25/14
9014-2   Hearings on Contested Matters 9014-3 Redline Rule number changed from 9014-2 to 9014-3 11

7/28/15
 

X

 Under Advisement Matters 9014-4        
9022-1   Judgments or Orders 9022-1 Redline Establishes procedure for consent to jurisdiction and procedure to object in light of recent Supreme Court rulings;  Prohibits lodged order from providing greater relief than that requested in the related motion or stipulation

11/G

1/28/14

11/25/14

7/28/15
  X Motion to Reconsider Order or Judgment 9023-1   Establishes procedure for filing such motions within 14 days of entry of the subject order or judgment; Motion must establish manifest error or showing of new facts; Such Motions may be summarily denied by court. G 2/4/15
9027-1   Removal And Remand     No change    
9071-1   Stipulations of Counsel     No change    
9072-1   (ADR) Purpose and Scope     No change    
9072-2   Assignment of Matters to ADR     No change    
9072-3   Types of Matters Subject to ADR     No change    
9072-4   Effect of ADR on Pending Matters     No change    
9072-5   Panel of Mediators / ADR Program Administrator     No change    
9072-6   Application and Certification of Mediators     No change    
9072-7   Appointment of Mediator     No change    
9072-8   The Mediation     No change    
9072-9   Post ADR Plans     No change    
  X 2084-2 Chapter 13 Monthly Business Operating Statement Form-2084-2

 

 Chapter 13 Monthly Business Operating Statement 13  
  X 2084-4 Chapter 13 Plan Form-2084-4   Form updated and redesigned for ease of review; Application for Payment of Attorneys Fees removed; Debtor or attorney must certify that form has not been altered; Modified or Amended Plans must state reason causing the change and what changes were made 13 3/31/15
  X 2084-19A Mortgage Creditor Checklist Form-2084-19A   Conduit Mortgage Payment from for use by Trustee - currently used in Tucson only 13 2/24/15
  X 2084-19B Authorization to Release Information to the Trustee Regarding Secured Claims Being Paid by the Trustee Form-2084-19B   Conduit Mortgage Payment from for debtor to allow mortgage creditor to release informaiton to Trustee - currenty used in Tucson only 13 2/24/15
  X 2084-26A Debtor sumittal of information to the Trustee Form-2084-26A   Debtor sumittal of information to the Trustee 13  
  X 2084-26B Certificate of Eligibility for Chapter 13 Discharge After Completion of Plan Payments Form-2084-26B   Certificate of Eligibility for Chapter 13 Discharge After Completion of Plan Payments 13  
  X Notice of Scheduling Conference Form-7016   Notice of Scheduling Conference and Order re: Rule 7016(B) of Federal Rules of Bankruptcy Procedure U

3/25/14

5/19/15
  X Joint Pre-Trial Statement Form-7016-1     G 5/19/15
  X Trial Scheduling Order Form-_____     G

3/2/14

5/19/15
  X Chapter 11 Disclosure Statement for Individuals and Small Business Form-11DS   Form for Chapter 11 Disclosure Statement - not mandatory but strongly encouraged for individuals and small businesses 11 2/24/15
  X Chapter 11 Plan for Individuals and Small Business Form-11Plan   Form for Chapter 11 Plan - not mandatory but strongly encouraged for individuals and small businesses 11 11/24/15
  X RARA - Ch 7 Attorney Form-9010-7A   Attorney Declaration of Rights and Responsibilities of Debtor and Debtor's Counsel in Chapter 7 Case 7

5/19/15

11/17/15
  X RARA - Ch 7 Bankruptcy Petition Preparer Form-9010-7B   Declaration of Rights and Responsibilities of Debtor and Bankruptcy Petition Preparer in Chapter 7 Case 7 5/19/15
  X RARA - Ch 7 Pro Se Debtor Form-9010-7C   Declaration of Rights and Responsibilities of Pro Se Debtor in Chapter 7 Case 7 5/19/15
  X RARA - Ch 13 Attorney Form-9010-13A   Declaration of Responsibility of Debtors and Debtor's Counsel in Chapter 13 Case 13  
  X RARA - Ch 13 Pro Se Debtor Form-9010-13B   Declaration of Responsibility of Pro Se Debtors in Chapter 13 Case 13