Local Rules Changes
Posted: Tue Apr 13, 2004 9:16 am
> 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.