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Local Rules Changes
> Date: Sun, 11 Apr 2004 15:03:46 -0700
>Subject: RE: Local Rules Changes
>
>Vicki:
>
>Don't think we need to lay this at Dennis' doorstep. Let's all take
>responsibility to help each other. The organization provides the forum
>and opportunity. We all need to contribute and your contributions are
>greatly appreciated. Keep up the good work.
I think David has the right attitude here. We are a small organization,
and we cannot simply rely on the good graces of our leaders to accomplish
the task of informing ourselves and each other about important changes that
affect our bankruptcy practice.
I have downloaded both the entire text of new rules and the set of
documents that are the "redline" documents showing the changes. Maybe
everyone doesn't want to scrutinize the latter (although it's good practice
to do so), so I'm volunteering to write one message a day to this list
summarizing the changes to one of the rules.
If anyone else wants to join in, that will just lighten the load.
I'll start with today, Rule 1002-1. Here are the changes, with my commentary:
1. How to "Blueback" Documents
Papers submitted to the court (except proofs of claim, single-page
documents filed by a trustee, Adversary Proceeding Sheet and Master Mailing
List) must have a "blue back." The blue back must be "even" (this is the
first additional word in the Rule) and not (this, too is a quote from the
Rule) folded over the top edge. I guess some offices had trouble
understanding how to put the blue back under all of the pages of a document.
2. Mandatory Relief from Stay Forms
The "350" series of forms for relief from stay motions are now
entitled the "F-4001-1" series (to correlate with the Rules governing such
motions). We should probably download those forms so that we can see if
creditors' counsel has used the correct form.
3. "Emergency" Petitions
There are no more "emergency" petitions. (Not that we won't still
have clients with emergencies, but the court won't refer to them that
way). They are now "Incomplete Petitions."
The Rule reduces the number of documents you must file in order to
commence a case. The reduced list is:
Petition
List of 20 Largest Unsecured Claims (Chapter 11 cases only)
Master Mailing List
In exchange for this lower threshold to get into court, the rule
adds that a dismissal for failure to "complete" the petition within 15 days
"may provide that the dismissal" is with a 180-day bar. How will the court
implement this permissive language? Will a clerk decide that all (or no)
such dismissals are with a bar? We don't know yet. This would be a good
topic for a luncheon meeting with representatives of the Clerk's office.
The documents needed to complete an incomplete petition are:
Schedules
Statement of Financial Affairs
Disclosure of Attorney Fees
Disclosure of Bankruptcy Petition Preparer (doesn't apply to this
list)
Statement of Intention (Chapter 7 cases only)
Court-approved electronic format as required by LBR 1007-2(c)
Exhibit A to Petition (for corporate Chapter 11 cases only)
Corporate resolution authorizing filing (all corporate debtors)
Statement of Previously Filed or Related Cases
Notice of Available Chapters
Statement of Assistance of Non-Attorney (does not apply to us)
Declaration re Limited Scope of Appearance
Venue Disclosure Form (Corporate and Partnership Chapter 11 cases
only)
That's all of the changes to LBR Rule 1002-1. Stay tuned for
tomorrow's installment which will be Rule 1007-2 (unless someone beats me
to it).
Silvio Nardoni
Glendale, CA
Date: Sun, 11 Apr 2004
15:03:46 -0700
<DavidTilem@TilemLaw.com>
Subject: RE: Local Rules Changes
Vicki:
Don't think we need to lay this at Dennis' doorstep. Let's all
take
responsibility to help each other. The organization provides the
forum
and opportunity. We all need to contribute and your contributions
are
greatly appreciated. Keep up the good work.
I think David has the right attitude here. We are a small
organization, and we cannot simply rely on the good graces of our leaders
to accomplish the task of informing ourselves and each other about
important changes that affect our bankruptcy practice.
I have downloaded both the entire text of new rules and the set of
documents that are the "redline" documents showing the
changes. Maybe everyone doesn't want to scrutinize the latter
(although it's good practice to do so), so I'm volunteering to write one
message a day to this list summarizing the changes to one of the
rules.
If anyone else wants to join in, that will just lighten the
load.
I'll start with today, Rule 1002-1. Here are the changes, with my
commentary:
1. How to
"Blueback" Documents
The post was migrated from Yahoo.
Sorry, I don't see the attachment. Can you send it again or paste it in? Many thanks, Carolyn
----- Original Message -----
To: 'cdcbaa@yahoogroups.com' ; David Hagen
Cc: Schwaber ; njd@njanedubovy.com ; John B Laing ; Jeffery J Hagen ; Alan Nahmias
Sent: Friday, April 09, 2004 10:00 AM
Subject: RE: [cdcbaa] Local Rules Changes
This is terrible. Any idea how/where to get local court filing information without spending so much time? I don't think debtor attorneys should bear this additional cost. How about charging it to the client in cases where there are pending lawsuits. I have a case right now where there are at least 4 !!!!
The BK law practice just keeps getting better.
Ray Bulaon
-----Original Message-----
Sent: Thursday, April 08, 2004 5:25 PM
To: David Hagen
Cc: Schwaber; njd@njanedubovy.com; John B Laing; Jeffery J Hagen; Alan Nahmias; cdcbaa@yahoogroups.com
Subject: [cdcbaa] Local Rules Changes
Head's up for all of you. The local rules have a lot of revisions effective May 1, 2004. Among them is a new rule, which is attached, which adds substantially to the costs and burdens of debtor's counsel.
Apparently despite 9th circuit law requiring creditors to bear the burden of filing notices with non-bankruptcy courts, it is now debtor's counsel's responsibility. I guess we have to find out the local filing procedures and rules of every court in the United States of America now. Excellent!
***********************************************
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173
(818)509-1460 (fax)
e-mail: bklawr@bklaw.com
web: http://www.bklaw.com/
************************************************
Confidentiality Note: This e-mail is intended only for the person or
entity to which it is addressed and may contain information that is privileged,
confidential, or otherwise protected from disclosure. Dissemination,
distribution, or copying of this e-mail or the information herein by anyone
other than the intended recipient, or an employee or agent responsible for
delivering the message to the intended recipient, is prohibited. If you
have received this e-mail in error, please notify us immediately at (818)
509-1173 or e-mail us at bklawr@bklaw.com and destroy the
original message and all copies.
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Sorry, I don't see the attachment. Can you send it
again or paste it in? Many thanks, Carolyn
----- Original Message -----
From:
Raymond
Bulaon
To: 'cdcbaa@yahoogroups.com' ; David Hagen
Cc: Schwaber ; njd@njanedubovy.com ; John B
Laing ; Jeffery J Hagen ; Alan Nahmias
Sent: Friday, April 09, 2004 10:00 AM
Subject: RE: [cdcbaa] Local Rules Changes
This
is terrible. Any idea how/where to get local court filing information
without spending so much time? I don't think debtor attorneys should
bear this additional cost. How about charging it to the client in cases where
there are pending lawsuits. I have a case right now where there are at
least 4 !!!!
The
BK law practice just keeps getting better.
Ray
Bulaon
-----Original Message-----From: Mark J. Markus
[mailto:bklawr@bklaw.com]Sent: Thursday, April 08, 2004 5:25 PMTo: David HagenCc: Schwaber; njd@njanedubovy.com; John B Laing;
Jeffery J Hagen; Alan Nahmias;
The post was migrated from Yahoo.
and exactly the kind of thing that the organisation should provide it's members with - copies of the changes.
vicki temkin
"David A. Tilem" wrote:
Mark:
Thanks for the tip. This is EXACTLY the kind of thing which should be brought to everyone's attention.
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem
500 N. Brand Blvd., #460, Glendale, CA 91203
Tel: 818-507-6000 Fax: 818-507-6800
* Personal & small business bankruptcy specialist cert. by State Bar of CA Bd of Legal Specialization.
Business bankruptcy specialist cert. by Amer. Bd. of Certification
Sent: Thursday, April 08, 2004 5:25 PM
To: David Hagen
Cc: Schwaber; njd@njanedubovy.com; John B Laing; Jeffery J Hagen; Alan Nahmias; cdcbaa@yahoogroups.com
Subject: [cdcbaa] Local Rules Changes
Head's up for all of you. The local rules have a lot of revisions effective May 1, 2004. Among them is a new rule, which is attached, which adds substantially to the costs and burdens of debtor's counsel.
Apparently despite 9th circuit law requiring creditors to bear the burden of filing notices with non-bankruptcy courts, it is now debtor's counsel's responsibility. I guess we have to find out the local filing procedures and rules of every court in the United States of America now. Excellent!
***********************************************
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173
(818)509-1460 (fax)
e-mail: bklawr@bklaw.com
web: http://www.bklaw.com/
************************************************
Confidentiality Note: This e-mail is intended only for the person or
entity to which it is addressed and may contain information that is privileged,
confidential, or otherwise protected from disclosure. Dissemination,
distribution, or copying of this e-mail or the information herein by anyone
other than the intended recipient, or an employee or agent responsible for
delivering the message to the intended recipient, is prohibited. If you
have received this e-mail in error, please notify us immediately at (818)
509-1173 or e-mail us at bklawr@bklaw.com and destroy the
original message and all copies.
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and exactly the kind of thing that the organisation should provide it's members with - copies of the changes.
vicki temkin"David A. Tilem" <DavidTilem@TilemLaw.com> wrote:
Mark:
Thanks for the tip. This is EXACTLY the kind of thing which should be brought to everyone's attention.
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem
500 N. Brand Blvd., #460, Glendale, CA 91203
Tel: 818-507-6000 Fax: 818-507-6800
* Personal & small business bankruptcy specialist cert. by State Bar of CA Bd of Legal Specialization.
Business bankruptcy specialist cert. by Amer. Bd. of Certification
-----Original Message-----From: Mark J. Markus [mailto:bklawr@bklaw.com] Sent: Thursday, April 08, 2004 5:25 PMTo: David HagenCc: Schwaber; njd@njanedubovy.com; John B Laing; Jeffery J Hagen; Alan Nahmias; cdcbaa@yahoogroups.comSubject: [cdcbaa] Local Rules Changes
Head's up for all of you. The local rules have a lot of revisions effective May 1, 2004. Among them is a new rule, which is attached, which adds substantially to the costs and burdens of debtor's counsel.
Apparently despite 9th circuit law requiring creditors to bear the burden of filing notices with non-bankruptcy courts, it is now debtor's counsel's responsibility. I guess we have to find out the local filing procedures and rules of every court in the United States of America now. Excellent!
***********************************************Mark J. MarkusLaw Office of Mark J. Markus11684 Ventura Blvd. PMB #403Studio City, CA 91604-2652(818)509-1173(818)509-1460 (fax)e-mail: bklawr@bklaw.comweb: http://www.bklaw.com/****************** ... dentiality Note: This e-mail is intended only for the person orentity to which it is addressed and may contain information that is privileged,confidential, or otherwise protected from disclosure. Dissemination,distribution, or copying of this e-mail or the information herein by anyoneother than the intended recipient, or an employee or agent responsible fordelivering the message to the intended recipient, is prohibited. If youhave received this e-mail in error, please notify us immediately at (818)509-1173 or e-mail us at bklawr@bklaw.com and destroy the original message and all copies.
Do you Yahoo!?
Yahoo! Tax Center - File online by April 15th
The post was migrated from Yahoo.
perhaps the head of this org we all joined could get a copy of the new local rules and distribute them by fax or email. any thoughts?
v temkin
Raymond Bulaon wrote:
This is terrible. Any idea how/where to get local court filing information without spending so much time? I don't think debtor attorneys should bear this additional cost. How about charging it to the client in cases where there are pending lawsuits. I have a case right now where there are at least 4 !!!!
The BK law practice just keeps getting better.
Ray Bulaon
Sent: Thursday, April 08, 2004 5:25 PM
To: David Hagen
Cc: Schwaber; njd@njanedubovy.com; John B Laing; Jeffery J Hagen; Alan Nahmias; cdcbaa@yahoogroups.com
Subject: [cdcbaa] Local Rules Changes
Head's up for all of you. The local rules have a lot of revisions effective May 1, 2004. Among them is a new rule, which is attached, which adds substantially to the costs and burdens of debtor's counsel.
Apparently despite 9th circuit law requiring creditors to bear the burden of filing notices with non-bankruptcy courts, it is now debtor's counsel's responsibility. I guess we have to find out the local filing procedures and rules of every court in the United States of America now. Excellent!
***********************************************
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173
(818)509-1460 (fax)
e-mail: bklawr@bklaw.com
web: http://www.bklaw.com/
************************************************
Confidentiality Note: This e-mail is intended only for the person or
entity to which it is addressed and may contain information that is privileged,
confidential, or otherwise protected from disclosure. Dissemination,
distribution, or copying of this e-mail or the information herein by anyone
other than the intended recipient, or an employee or agent responsible for
delivering the message to the intended recipient, is prohibited. If you
have received this e-mail in error, please notify us immediately at (818)
509-1173 or e-mail us at bklawr@bklaw.com and destroy the
original message and all copies.
Yahoo! Groups Links
To visit your group on the web, go to:
http://groups.yahoo.com/group/cdcbaa/
To unsubscribe from this group, send an email to:
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Your use of Yahoo! Groups is subject to the Yahoo! Terms of Service.
Do you Yahoo!?
Yahoo! Tax Center - File online by April 15th
perhaps the head of this org we all joined could get a copy of the new local rules and distribute them by fax or email. any thoughts?
v temkinRaymond Bulaon <raymond@bulaonlaw.com> wrote:
This is terrible. Any idea how/where to get local court filing information without spending so much time? I don't think debtor attorneys should bear this additional cost. How about charging it to the client in cases where there are pending lawsuits. I have a case right now where there are at least 4 !!!!
The BK law practice just keeps getting better.
Ray Bulaon
-----Original Message-----From: Mark J. Markus [mailto:bklawr@bklaw.com]Sent: Thursday, April 08, 2004 5:25 PMTo: David HagenCc: Schwaber; njd@njanedubovy.com; John B Laing; Jeffery J Hagen; Alan Nahmias; cdcbaa@yahoogroups.comSubject: [cdcbaa] Local Rules Changes
Head's up for all of you. The local rules have a lot of revisions effective May 1, 2004. Among them is a new rule, which is attached, which adds substantially to the costs and burdens of debtor's counsel.
Apparently despite 9th circuit law requiring creditors to bear the burden of filing notices with non-bankruptcy courts, it is now debtor's counsel's responsibility. I guess we have to find out the local filing procedures and rules of every court in the United States of America now. Excellent!
***********************************************Mark J. MarkusLaw Office of Mark J. Markus11684 Ventura Blvd. PMB #403Studio City, CA 91604-2652(818)509-1173(818)509-1460 (fax)e-mail: bklawr@bklaw.comweb: http://www.bklaw.com/****************** ... dentiality Note: This e-mail is intended only for the person orentity to which it is addressed and may contain information that is privileged,confidential, or otherwise protected from disclosure. Dissemination,distribution, or copying of this e-mail or the information herein by anyoneother than the intended recipient, or an employee or agent responsible fordelivering the message to the intended recipient, is prohibited. If youhave received this e-mail in error, please notify us immediately at (818)509-1173 or e-mail us at bklawr@bklaw.com and destroy the original message and all copies.
Do you Yahoo!?
Yahoo! Tax Center - File online by April 15th
The post was migrated from Yahoo.
charset="windows-1251"
Mark:
Thanks for the tip. This is EXACTLY the kind of thing which should be
brought to everyone's attention.
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem
500 N. Brand Blvd., #460, Glendale, CA 91203
Tel: 818-507-6000 Fax: 818-507-6800
* Personal & small business bankruptcy specialist cert. by State Bar of
CA Bd of Legal Specialization.
Sent: Thursday, April 08, 2004 5:25 PM
To: David Hagen
Cc: Schwaber; njd@njanedubovy.com; John B Laing; Jeffery J Hagen; Alan
Nahmias; cdcbaa@yahoogroups.com
Subject: [cdcbaa] Local Rules Changes
Head's up for all of you. The local rules have a lot of revisions
effective May 1, 2004. Among them is a new rule, which is attached,
which adds substantially to the costs and burdens of debtor's counsel.
Apparently despite 9th circuit law requiring creditors to bear the
burden of filing notices with non-bankruptcy courts, it is now debtor's
counsel's responsibility. I guess we have to find out the local filing
procedures and rules of every court in the United States of America now.
Excellent!
***********************************************
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173
(818)509-1460 (fax)
e-mail: bklawr@bklaw.com
web: http://www.bklaw.com/
************************************************
Confidentiality Note: This e-mail is intended only for the person or
entity to which it is addressed and may contain information that is
privileged,
confidential, or otherwise protected from disclosure. Dissemination,
distribution, or copying of this e-mail or the information herein by
anyone
other than the intended recipient, or an employee or agent responsible
for
delivering the message to the intended recipient, is prohibited. If you
have received this e-mail in error, please notify us immediately at
(818)
509-1173 or e-mail us at bklawr@bklaw.com and destroy the
original message and all copies.
_____
Yahoo! Groups Links
* To visit your group on the web, go to:
http://groups.yahoo.com/group/cdcbaa/
* To unsubscribe from this group, send an email to:
cdcbaa-unsubscribe@yahoogroups.com
The post was migrated from Yahoo.
charset="ISO-8859-1"
This is terrible. Any idea how/where to get local court filing information
without spending so much time? I don't think debtor attorneys should bear
this additional cost. How about charging it to the client in cases where
there are pending lawsuits. I have a case right now where there are at
least 4 !!!!
The BK law practice just keeps getting better.
Ray Bulaon
Sent: Thursday, April 08, 2004 5:25 PM
To: David Hagen
Cc: Schwaber; njd@njanedubovy.com; John B Laing; Jeffery J Hagen; Alan
Nahmias; cdcbaa@yahoogroups.com
Subject: [cdcbaa] Local Rules Changes
Head's up for all of you. The local rules have a lot of revisions effective
May 1, 2004. Among them is a new rule, which is attached, which adds
substantially to the costs and burdens of debtor's counsel.
Apparently despite 9th circuit law requiring creditors to bear the burden of
filing notices with non-bankruptcy courts, it is now debtor's counsel's
responsibility. I guess we have to find out the local filing procedures and
rules of every court in the United States of America now. Excellent!
***********************************************
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173
(818)509-1460 (fax)
e-mail: bklawr@bklaw.com
web: http://www.bklaw.com/
************************************************
Confidentiality Note: This e-mail is intended only for the person or
entity to which it is addressed and may contain information that is
privileged,
confidential, or otherwise protected from disclosure. Dissemination,
distribution, or copying of this e-mail or the information herein by anyone
other than the intended recipient, or an employee or agent responsible for
delivering the message to the intended recipient, is prohibited. If you
have received this e-mail in error, please notify us immediately at (818)
509-1173 or e-mail us at bklawr@bklaw.com and
destroy the
original message and all copies.
_____
Yahoo! Groups Links
* To visit your group on the web, go to:
http://groups.yahoo.com/group/cdcbaa/
* To unsubscribe from this group, send an email to:
cdcbaa-unsubscribe@yahoogroups.com
The post was migrated from Yahoo.
Head's up for all of you. The local rules have a lot of revisions effective May 1, 2004. Among them is a new rule, which is attached, which adds substantially to the costs and burdens of debtor's counsel.
Apparently despite 9th circuit law requiring creditors to bear the burden of filing notices with non-bankruptcy courts, it is now debtor's counsel's responsibility. I guess we have to find out the local filing procedures and rules of every court in the United States of America now. Excellent!
***********************************************
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173
(818)509-1460 (fax)
e-mail: bklawr@bklaw.com
web: http://www.bklaw.com/
************************************************
Confidentiality Note: This e-mail is intended only for the person or
entity to which it is addressed and may contain information that is privileged,
confidential, or otherwise protected from disclosure. Dissemination,
distribution, or copying of this e-mail or the information herein by anyone
other than the intended recipient, or an employee or agent responsible for
delivering the message to the intended recipient, is prohibited. If you
have received this e-mail in error, please notify us immediately at (818)
509-1173 or e-mail us at bklawr@bklaw.com and destroy the
original message and all copies.
Head's up for all of you. The local rules
have a lot of revisions effective May 1, 2004. Among them is a new rule,
which is attached, which adds substantially to the costs and burdens of debtor's
counsel.
Apparently despite 9th circuit law requiring
creditors to bear the burden of filing notices with non-bankruptcy courts, it is
now debtor's counsel's responsibility. I guess we have to find out the
local filing procedures and rules of every court in the United States of America
now. Excellent!
***********************************************Mark J. MarkusLaw
Office of Mark J. Markus11684 Ventura Blvd. PMB #403Studio City, CA91604-2652(818)509-1173(818)509-1460 (fax)e-mail: bklawr@bklaw.comweb:
The post was migrated from Yahoo.