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UNITED STATES BANKRUPTCY COURT

OR THE NORTHERN DISTRICT OF FLORIDA

Local Rules

EFFECTIVE DATE: MARCH 1, 2020

TABLE OF CONTENTS

RULE 1001-1 INTRODUCTION AND GENERAL STATEMENT OF ADOPTION

AND APPLICATION OF LOCAL RULES ...................................................... 1

RULE 1005-1 PETITION - CAPTION ....................................................................................... 2

RULE 1006-1 FILING FEE .......................................................................................................... 2

RULE 1007-1 LISTS, SCHEDULES, STATEMENTS, AND OTHER

DOCUMENTS .................................................................................................... 3

RULE 1007-2 MAILING LIST OR MATRIX ........................................................................... 6

RULE 1007-3 [REMOVED] ........................................................................................................ 6

RULE 1009-1 AMENDMENTS OF VOLUNTARY PETITIONS, LISTS,

SCHEDULES AND STATEMENTS ................................................................. 6

RULE 1014-1 CHANGE OF DIVISION WITHIN THIS DISTRICT .................................... 8

RULE 1015-1 JOINT ADMINISTRATION ........................................................................... 10

RULE 1017-1 DISMISSAL - CASE OR PROCEEDINGS..................................................... 10

RULE 1019-1 CONVERSION .................................................................................................. 11

RULE 1070-1 JURISDICTION ................................................................................................ 12

RULE 2002-1 NOTICE TO CREDITORS AND OTHER INTERESTED PARTIES .......... 12

RULE 2002-2 NEGATIVE NOTICE PROCEDURE .............................................................. 13

RULE 2002-3 PREFERRED ADDRESS NOTIFICATION ................................................... 15

RULE 2003-1 MEETING OF CREDITORS AND EQUITY SECURITY HOLDERS ......... 16

RULE 2004-1 EXAMINATION OF DEBTOR AND OTHERS ............................................ 16

RULE 2015-1 DEBTOR IN POSSESSION DUTIES ............................................................. 18

RULE 2015-2 CHAPTER 7 TRUSTEE EXPENDITURES...................................................... 19

RULE 2016-1 COMPENSATION OF PROFESSIONALS .................................................... 20

RULE 2071-1 COMMITTEES .................................................................................................. 22

RULE 2081-1 CHAPTER 11 - GENERAL ............................................................................... 23

RULE 2082-1 CHAPTER 12 - GENERAL ............................................................................... 25

RULE 2083-1

CHAPTER 13 - GENERAL ............................................................................... 28

RULE 2090-1 ATTORNEYS - ADMISSION TO PRACTICE .............................................. 29

RULE 3001-1 TRANSFER/ASSIGNMENT OF CLAIM ....................................................... 31

RULE 3002-1 COLLATERAL RECOVERY AND DEFICIENCY CLAIMS IN

CHAPTER 13 ..................................................................................................... 33

RULE 3002.1-1 NOTICE RELATING TO CLAIMS SECURED BY SECURITY

INTEREST IN THE DEBTOR’S PRINCIPAL RESIDENCE ....................... 35

RULE 3007-1 CLAIMS OBJECTIONS .................................................................................... 36

RULE 3012-1 VALUATION OF COLLATERAL ................................................................... 37

RULE 3012-2 MOTIONS TO DETERMINE SECURED STATUS AND STRIP

JUNIOR LIEN ON DEBTOR’S HOMESTEAD IN CHAPTER 13 .............. 40

RULE 3015-1 CERTIFICATION REQUIRED BY CHAPTER 13 DEBTOR FOR

CONFIRMATION ............................................................................................ 42

RULE 3017-1 DISCLOSURE STATEMENT - APPROVAL ................................................. 43

RULE 3017.1-1 DISCLOSURE STATEMENT - SMALL BUSINESS ..................................... 44

RULE 3018-1 CHAPTER 11—ACCEPTANCE OR REJECTION OF PLANS ..................... 45

RULE 3020-1 CHAPTER 11 - CONFIRMATION .................................................................. 46

RULE 3022-1 CHAPTER 11 - FINAL REPORT/DECREE ..................................................... 47

RULE 4001-1 AUTOMATIC STAY - RELIEF FROM ........................................................... 48

RULE 4001-2 AUTOMATIC STAY - CONFIRMATION OF NO STAY ............................ 50

RULE 4001-3 AUTOMATIC STAY - IMPOSING OR EXTENDING ................................. 50

RULE 4001-4 AUTOMATIC STAY - CO-DEBTOR RELIEF FROM ................................... 51

RULE 4002-1 TAX RETURNS ................................................................................................. 52

RULE 4003-1 LIEN AVOIDANCE .......................................................................................... 53

RULE 4004-1 GRANT OR DENIAL OF DISCHARGE ........................................................ 54

RULE 5005-1 ELECTRONIC FILING ..................................................................................... 56

RULE 5007-1 TRANSCRIPTS ................................................................................................. 57

RULE 5011-1 WITHDRAWAL AND ABSTENTION FROM HEARING A

PROCEEDING .................................................................................................. 59

RULE 6004-1 SALE OF ESTATE PROPERTY ....................................................................... 62

RULE 6007-1 ABANDONMENT ............................................................................................ 63

RULE 7001-1 ADVERSARY PROCEEDINGS....................................................................... 65

RULE 7004-1 SERVICE OF PROCESS ................................................................................... 66

RULE 7007-1 MOTION PRACTICE ....................................................................................... 66

RULE 7008-1 CORE /NON-CORE PROCEEDINGS ............................................................ 67

RULE 7016-1 PRE-TRIAL/MEDIATION PROCEDURES ................................................... 67

RULE 7026-1 DISCOVERY - GENERAL................................................................................ 68

RULE 7041-1 DISMISSAL - FAILURE TO PROSECUTE .................................................... 70

RULE 7042-1 CONSOLIDATION OF ADVERSARY PROCEEDINGS ............................ 70

III

RULE 7054-1 COST - TAXATION/PAYMENT ..................................................................... 71

RULE 7055-1 DEFAULT ........................................................................................................... 71

RULE 7067-1 REGISTRY FUND ............................................................................................. 72

RULE 9001-1 GENERAL DEFINITIONS ............................................................................... 73

RULE 9004-1 CAPTION - DOCUMENTS ............................................................................. 74

RULE 9006-1 TIME PERIODS ................................................................................................. 75

RULE 9013-1 MOTIONS, BRIEFS AND MEMORANDA OF LAW .................................. 76

RULE 9014-1 [REMOVED] ...................................................................................................... 78

RULE 9015-1 JURY TRIAL....................................................................................................... 78

RULE 9020-1 CONTEMPT PROCEEDINGS ......................................................................... 79

RULE 9037-1 PRIVACY PROTECTION FOR FILINGS MADE WITH THE

COURT .............................................................................................................. 79

RULE 9070-1 EXHIBITS ........................................................................................................... 80

RULE 9071-1 STIPULATIONS ................................................................................................ 82

RULE 9072-1 ORDERS - PROPOSED .................................................................................... 83

RULE 9073-1 HEARINGS ........................................................................................................ 84

ADDENDUM A CUSTOMARY AND TRADITIONAL CONDUCT AND

DECORUM IN THE UNITED STATES BANKRUPTCY COURT ............. 86

ADDENDUM B STANDING ORDER AND ADMINISTRATIVE PROCEDURES

RELATING TO ELECTRONIC CASE FILING............................................. 87

INDEX . .......................................................................................................................... 88

RULE 1001-1

INTRODUCTION AND GENERAL STATEMENT OF ADOPTION AND

APPLICATION OF LOCAL RULES

(A) The title of these rules is "Local Rules, United States Bankruptcy Court,

Northern District of Florida." They may be cited in citation sentences as ”Bankr. N.D. Fla.

Loc. R. [number]" or “N.D. Fla. LBR [number]."

(B) These rules (“Local Rule(s)”) shall apply in all bankruptcy cases, including

contested matters and adversary proceedings, to the extent applicable and to the extent

not inconsistent with the Federal Rules of Civil Procedure (“Civil Rule(s)”) and the

Federal Rules of Bankruptcy Procedure (“Bankruptcy Rule(s)”). For cause, on motion of

a party in interest or sua sponte, the Court may direct that one or more provisions of these

rules not apply in a case, matter, or proceeding.

of Florida (“District Local Rule(s)”) shall apply in all bankruptcy cases, including

contested matters and adversary proceedings, to the extent applicable and to the extent

not inconsistent with the Civil Rules, Bankruptcy Rules, and these Local Rules.

(D) Definitions: The terms "Court," "Clerk," and "Judge," when those appear in

applicable District Local Rules, shall mean the Bankruptcy Court, Bankruptcy Clerk, and

Bankruptcy Judge, respectively, unless inconsistent with the language or meaning of the

particular District Local Rule.

(E) The term “self-represented” shall mean an individual that represents him

or herself in court without an attorney having appeared on his or her behalf. The term

“pro se,” as may be used in any other set of applicable rules, is synonymous with “self-

represented.”

(F) All national “Official Forms” can be found at

http://www.uscourts.gov/forms/bankruptcy-forms/. “Local Forms,” as well as a link

to the national forms page, can be found at www.flnb.uscourts.gov.

Advisory Committee Notes

2020 Amendment

The amended rule includes both stylistic and substantive changes. The

format of subdivisions is changed to maintain a consistent style across all

rules. Former subdivision B. is combined with former subdivision C. into

new subdivision (B) and later subdivisions are correspondingly

renumbered. Naming conventions for the various applicable procedural

rules are added for convenience throughout these rules. New subdivision

(E) is added to reflect a transition from the latin term pro se to a more

readable counterpart. The definition of this term is not intended to effect

any change in the substantive law, including the prohibition on

corporations proceeding without counsel. See, e.g., Palazzo v. Gulf Oil Corp.,

764 F.2d 1381, 1385 (11th Cir. 1985). New subdivision (F) is added to

differentiate between local and national forms throughout these rules.

RULE 1005-1

PETITION - CAPTION

A petition filed on behalf of an individual or an individual and such individual's

spouse shall not include the name of any corporation, partnership, limited partnership,

or joint venture.

RULE 1006-1

FILING FEE

The filing fee must be paid by an attorney's office or trust account, check, cash,

money order, or preapproved credit card. Documents filed electronically require

payment on-line by credit card at the time of filing. If paid by check, there should be a

separate check for each petition or item filed. Direct payments from debtors may only be

by cash, cashier’s check or money order – no personal checks, credit cards or debit cards

from debtors will be accepted.

RULE 1007-1

LISTS, SCHEDULES, STATEMENTS, AND OTHER DOCUMENTS

The following shall be filed at the same time as, but separately from, the petition

and submitted on the most current version of the prescribed form:

(A) Chapter 7, 12, or 13:

(1) List of Creditors (Names and Addresses).

(2) Master Mailing Matrix (see Local Rule 1007-2).

(3) Filing Fee.

(4) For individual debtors, unless the U. S. Trustee has determined that the

credit counseling requirement of § 109(h) does not apply in the district, one

of the following:

(a) a credit counseling Certificate and a debt repayment plan developed

under Section 109(h) through the approved agency, if any, required by

§ 521(b);

(b) a Statement that the debtor has received the credit counseling briefing

required by § 109(h)(1) but does not have the certificate required by §

521(b);

(d) a motion for waiver of credit counseling because of incapacity, disability

(as defined in § 109(h)(4)) or active military duty in a combat zone,

under § 109(h)(4).

(5) A Statement of No Employment Income, form available at

www.flnb.uscourts.gov, if the debtor is unable to file copies of all payment

advices or other evidence of payment received within 60 days before the

petition date in accordance with 11 U.S.C. § 521(a)(1)(B)(iv) because he/she

has no income.

(6) If the debtor is a corporation other than a governmental unit, a Corporate

Ownership Statement must be filed with the petition. This Statement

should disclose all corporations that directly or indirectly own 10% or more

of the class of the corporation’s equity interests. The Statement must be

provided even if there are no entities to report. This form is available at

www.flnb.uscourts.gov.

Notes:

• Statement of Social Security Number: Failure of a self-represented

debtor to submit the Statement of Social Security Number, form available

at www.flnb.uscourts.gov, may lead to dismissal of the case. In cases

filed electronically, the Statement is not required to be filed with the

Court and shall be maintained by the registered user/attorney in

accordance with Section II.L.1.b. of this Court’s Administrative

Procedures.

• Format for Paper Filings: With the exception of Official Forms or forms

provided by this Court, all documents tendered for filing, or filed

electronically, shall comply with District Local Rule 5.1.

(B) Chapter 9 or 11:

(1) List of Creditors (Names and Addresses)

(2) Form entitled “Attachment to Voluntary Petition for Non-Individuals

Filing for Bankruptcy Under Chapter 11,” form available at

www.flnb.uscourts.gov, if debtor is a corporation.

(3) List of twenty largest unsecured creditors excluding insiders.

(4) Master mailing matrix (see Local Rule 1007-2).

(5) Filing fee.

(6) For individual debtors, unless the U. S. Trustee has determined that the

credit counseling requirement of § 109(h) does not apply in the district, one

of the following:

(a) A credit counseling Certificate and a debt repayment plan developed

under Section 109(h) through the approved agency, if any, required by

§ 521(b);

(b) a Statement that the debtor has received the credit counseling briefing

required by § 109(h)(1) but does not have the certificate required by §

521(b);

(d) a motion for waiver of credit counseling because of incapacity, disability

(as defined in § 109(h)(4)) or active military duty in a combat zone,

under § 109(h)(4).

(7) A Statement of No Employment Income, form available at

www.flnb.uscourts.gov, if the Chapter 11 individual debtor is unable to file

copies of all payment advices or other evidence of payment received within

60 days before the petition date in accordance with 11 U.S.C. §

521(a)(1)(B)(iv) because he/she has no income.

(8) If the debtor is a corporation other than a governmental unit, a Corporate

Ownership Statement must be filed with the petition. This Statement

should disclose all corporations that directly or indirectly own 10% or more

of the class of the corporation’s equity interests. The Statement must be

provided even if there are no entities to report. This form is available at

www.flnb.uscourts.gov.

Advisory Committee Notes

2020 Amendment

The amended rule includes both stylistic and substantive changes. The

format of subdivisions is changed to maintain a consistent style across all

rules. Various subdivisions and the note regarding social security numbers

are amended to maintain a consistent style for references to the court’s

website. The note regarding filing format is amended to incorporate the

applicable district rule. Subdivision (B)(2) is revised to refer to the form by

document title rather than number, following recent revisions to the

numbers of Official Forms. Other subdivisions are edited for readability.

RULE 1007-2

MAILING LIST OR MATRIX

The debtor shall file separately, but at the same time as the petition, a list

containing the name and address of each creditor which shall serve as a mailing matrix.

The mailing matrix shall be signature verified and submitted in the format specified by

the Clerk’s Office, available at www.flnb.uscourts.gov.

Advisory Committee Notes

2020 Amendment

The amended rule includes two stylistic changes, deleting the name of the

identified form and the website reference to maintain a consistent style for

references to the court’s website throughout the rules. At the time of this

amendment, the form is titled “Instructions for Creating a Mailing Matrix.”

RULE 1007-3

[Removed]

Advisory Committee Notes

2020 Amendment

This former rule required a statement of intention to “include the terms

under which the stated intentions will be accomplished by the debtor.” The

Committee recognized that this rule is generally not enforced any further

than the current Official Forms require.

RULE 1009-1

AMENDMENTS OF VOLUNTARY PETITIONS, LISTS, SCHEDULES and

STATEMENTS

(A) Amendments to Voluntary Petitions, Lists, Schedules and Statements may

be made by filing the original with the Clerk. Amendments must contain a caption which

includes the case number, case name and the title of the document. The amendment must

be executed and acknowledged by the debtor and attorney of record, if any, in the same

manner that the item being amended was originally executed. Amended schedules

should be filed as complete versions of the schedules as opposed to merely identifying

changes. Any changes, additions, or deletions must be clearly indicated, whether by

separate notice or otherwise.

(B) The debtor shall notice the amendment to any person or entity affected

thereby, the case trustee, and to the U.S. Trustee's office. A certificate of service shall be

filed with the Clerk.

appropriate filing fee and shall be accompanied by an additional mailing matrix which

contains the names and addresses of only the creditors being added.

(D) Adding Creditors in a Closed No Asset Case: If the case is a closed Chapter

7 case with no distribution to creditors, a "Certificate and Affidavit for Adding Creditors

to Schedules in a Closed Case" form available at www.flnb.uscourts.gov, must be

completed and filed.

(E) An amended Statement of Social Security Number, form available at

www.flnb.uscourts.gov, should be completed to correct a previously filed social security

or individual taxpayer identification number and retained by the filer for four years after

the case or proceeding is closed with a copy of the amended form mailed to the Clerk’s

Office.

Note to Self-Represented Debtors: As with the original Statement of Social

Security Number, the amended Statement of Social Security Number should NOT

be filed electronically or sent via e-mail. In addition, under the Bankruptcy Rules,

notice of the correct Social Security number needs to be sent to all creditors, the

United States Trustee, and the case trustee. A truncated or redacted copy of the

notice showing only the last four digits should be filed with the Court.

Note to ALL Debtors:

If the last four digits of the Social Security Number that

appear on the petition are incorrect, the debtor shall file an amended petition with

notice to all parties.

Advisory Committee Notes

2020 Amendment

The amended rule only includes stylistic, non-substantive changes. The

format of subdivisions is changed to maintain a consistent style across all

rules. Subdivisions (D) and (E) are amended to maintain a consistent style

for references to the court’s website. The notes following the rule are

amended to improve readability.

RULE 1014-1

CHANGE OF DIVISION WITHIN THIS DISTRICT

(A) Divisions. This district has four (4) divisions as follows:

(1) Pensacola Division shall be composed of the following counties: Escambia,

Santa Rosa, Okaloosa and Walton.

(2) Panama City shall be composed of the following counties: Jackson, Holmes,

Washington, Bay, Calhoun, and Gulf.

(3) Tallahassee Division shall be composed of the following counties: Leon,

Gadsden, Liberty, Franklin, Wakulla, Jefferson, Taylor, and Madison.

(4) Gainesville Division shall be composed of the following counties:

Alachua, Lafayette, Dixie, Gilchrist, and Levy.

(B) Commencement of a Case. Cases shall be commenced in any Division in

which the domicile, residence, principal place of business, or principal assets of the

person or entity that is the subject of such case have been located for the 180 days

immediately preceding such commencement, or for a longer portion of the 180 day period

that the domicile, residence, principal place of business or principal assets of such person

were located in any other Division; or in which there is pending a case under the

Bankruptcy Code concerning such person’s affiliate.

provided for in paragraph (B) above, the Court on its own, or on motion of any interested

party, may order that the case be transferred to the proper Division. The attorney for the

debtor, or Clerk of Court if the debtor is self-represented, shall provide notice to all

parties of record of the transfer if the case was filed other than as provided for in

paragraph (B) above.

(D) Cases Transferred Within This District. A party that wishes a case to be

transferred to a different Division within this district shall file a motion with, or within

twenty-one (21) days of, the initial filing. A case will not be transferred absent a court

order. The moving party, or Clerk of Court if the moving party is self-represented, shall

provide notice to all parties of record of the transfer if the motion is granted by the court.

(E) Cases Transferred to This District. Cases or proceedings transferred to this

District from another District shall be assigned to a Division in the following manner:

(1) If the debtor is an individual, to the Division where any debtor lives, as

opposed to the debtor’s mailing address, according to the petition; or

(2) If the debtor is a non-individual, to the division that the petition indicates

is the location of the debtor’s principal assets, if different from its principal

place of business.

Advisory Committee Notes

2020 Amendment

The amended rule includes both stylistic and substantive changes. The

format of subdivisions is changed to maintain a consistent style across all

rules. Rather than incorporating the applicable district rule by reference, as

did the old rule, the amended rule creates a self-contained parallel of the

district rule, altered as appropriate to a bankruptcy case under the

standards of 28 U.S.C. § 1408. Subdivision (E) is amended to remove quoted

descriptions of the living address and location of principal assets, which

appear to have been consistent with prior forms. The revised language is

consistent with current forms but is written without quotation in the event

such forms change.

RULE 1015-1

JOINT ADMINISTRATION

(A) Time for Filing Objection to Joint Administration. All cases involving two

or more related debtors may be jointly administered in accordance with Bankruptcy Rule

1015. A creditor or party in interest may file an objection to joint administration no later

than thirty (30) days after the first date set for the meeting of creditors under 11 U.S.C.

§ 341(a).

(B) Extension of Time. On motion of any party in interest, after hearing on

notice, the Court may for cause extend the time to file an objection to joint administration.

The motion shall be filed before the time to file an objection has expired.

as applicable in each involved case.

Advisory Committee Notes

2020 Amendment

The amended rule includes both stylistic and substantive changes. The

format of subdivisions is changed to maintain a consistent style across all

rules. Subdivision (A) is amended to remove mandatory language

regarding joint administration. Subdivision (B) is amended to clarify the

time period intended in the last sentence. Subdivision (C) is amended to

remove a reference to consolidation as distinct from the joint administration

contemplated by this rule.

RULE 1017-1

DISMISSAL - CASE OR PROCEEDINGS

Failure to comply with these Local Rules may be grounds for dismissal of a case

or conversion to a case under Chapter 7 of Title 11.

Advisory Committee Notes

2020 Amendment

The amended rule includes a single stylistic change, distinguishing these

from other applicable rules.

RULE 1019-1

CONVERSION

(A) In cases converted to Chapter 7,

(1) The debtor, or Chapter 11 trustee if one was appointed, shall file an original

of all lists, schedules, statements, and other documents required by

Bankruptcy Rule 1007, on the most current version of the Official Forms

that accurately reflects the condition of the debtor's estate at the time of

conversion.

(2) The lists, schedules, statements, and other documents shall be filed within

the time provided in Bankruptcy Rule 1007 and 1019(1)(A). The final report

and schedule of post-petition debts shall be filed within the time provided

in Bankruptcy Rule 1019(5).

(3) If no debt or property was acquired after filing the case and prior to

conversion, the debtor or Chapter 11 trustee, if one was appointed, may file

a statement that no debts were incurred or property acquired since the case

was filed instead of filing new or amended schedules.

Note: If there are changes or amendments to be made to the lists, schedules, statements, or

other documents, this process is not applicable and the debtor shall comply with all other

requirements of Bankruptcy Rule 1019.

(B) The applicable current monthly income form, available at

www.flnb.uscourts.gov, shall be filed in all cases within fourteen (14) days of conversion.

Advisory Committee Notes

2020 Amendment

The amended rule includes both stylistic and substantive changes. The

format of subdivisions is changed to maintain a consistent style across all

rules. Subdivision (A)(1) is amended to improve readability and is not

intended to effect a substantive change. Subdivision (A)(2) is amended to

correct the subdivision reference to the time to file a final report and

schedule of post-petition debts. Subdivision (A)(3) is amended to improve

readability and is not intended to effect a substantive change. Subdivision

(B) is amended to maintain a consistent style for references to the court’s

website and to remove references to specific official form numbers.

RULE 1070-1

JURISDICTION

Motions other than those filed in adversary proceedings shall be deemed to be core

proceedings unless a response asserting that the matter should be treated as a non-core

proceeding is filed within the time provided in Local Rule 9013-1.

RULE 2002-1

NOTICE TO CREDITORS AND OTHER INTERESTED PARTIES

(A) Any party in interest who desires to receive copies of pleadings and notices

to which it is entitled under Bankruptcy Rule 2002 shall:

(1) File a request with the Clerk;

(2) Serve a copy of the request on the debtor, debtor's attorney, the attorney for

the debtor-in-possession, the trustee, the attorney for the trustee and the

U.S. Trustee; and

(3) Attach to the request filed with the Clerk a certificate of service which states

to whom a copy of the request has been given.

(B) Service copies of all pleadings and papers must be in the format provided

by the District Local Rules, or alternatively, no more than two pages may be placed on

one side of an 8 ½" x 11" page, unless otherwise authorized by the Court.

Advisory Committee Notes

2020 Amendment

The amended rule includes both stylistic and substantive changes. The

format of subdivisions is changed to maintain a consistent style across all

rules. New subdivision (B) is added to provide for an alternative mode of

service of pleadings and papers intended to reduce printing costs.

RULE 2002-2

NEGATIVE NOTICE PROCEDURE

(A) The Court has established a list (the “Negative Notice List”) of motions,

objections, and other papers that may be considered by the Court without an actual

hearing under the negative notice procedure described in this rule if no party in interest

files a response to the relief requested. The Negative Notice List is posted on the Court’s

website, www.flnb.uscourts.gov, and may be supplemented or otherwise amended by

the Court from time to time. If permitted by the presiding judge, other motions,

objections, and other matters may be considered by the Court using the negative notice

procedure.

(B) Motions, objections, and other matters filed pursuant to this negative notice

procedure shall:

(1) Be served in the manner and on the parties as required by the provisions of

the Bankruptcy Rules, Local Rules, or any order of the Court applicable to

motions, objections, or matters of the type made and shall be filed with the

proof of such service in accordance with the provisions of Local Rule 7004-

1; and

(2) Contain a negative notice legend prominently displayed immediately

following the title of the paper. The negative notice legend shall be in the

approved format on the Court’s website as of the date of filing of the paper

available at www.flnb.uscourts.gov.

negative notice legend shall be twenty-one (21) days, unless otherwise specified in these

Local Rules or any administrative or standing order of the Court.

(1) In the event a party in interest files an objection within the time permitted

in this Rule, the Court may schedule a hearing on the motion, objection, or

other matter upon notice to the movant’s attorney, the objecting party or

parties, and others as may be appropriate.

(2) In the event no party in interest files an objection within the time permitted

in this Rule, the Court may consider the matter without further notice or a

hearing. The movant shall submit a proposed order not later than fourteen

(14) days after the expiration of the objection period. In the event the

movant fails to submit a proposed form of order within this time, the Court

may enter an order denying the relief requested without prejudice for lack

of prosecution. In addition to any other requirements, the proposed form

of order shall recite that:

(a) The movant has represented that the motion, objection, or other matter

was served upon all interested parties with the Local Rule 2002-2

negative notice legend informing the parties of their opportunity to

object within the proper days of the date of service;

(b) No party filed an objection within the time permitted; and

(D) Nothing in this rule is intended to preclude the Court from conducting a

hearing on the motion, objection, or other matter even if no objection is filed within the

time permitted.

Advisory Committee Notes

2020 Amendment

The amended rule includes both stylistic and substantive changes. The

format of subdivisions is changed to maintain a consistent style across all

rules. Various subdivisions are amended to add references to these local

rules applicable to certain filings in addition to the applicable Bankruptcy

Rule. Subdivision (A) is amended to incorporate by reference the court’s list

of motions that may effect service by negative notice. Subdivision (A)(3) is

amended to remove Rule 6004(c) sales free and clear of liens from the list.

Subdivisions (A)(7)–(8) are added as additional filings susceptible to filing

and resolution by negative notice. Additionally, the introduction in

subdivision (A) provides for the maintenance of a separate court-approved

list (commonly known as the “Negative Notice List”) of other filings that

can be filed on negative notice. Subdivision (B)(3) is renumbered to (B)(2)

and modified to remove the printed legend in lieu of reference to a form

maintained on the Court’s website and to clarify that the format operative

on the date of filing controls. Subdivision (C) adds reference to separate

local rules or an administrative order that can override the default negative-

notice period. Subdivision (C)(2) is amended to clarify that consideration

without hearing is permissive. Other changes are intended as stylistic to

improve clarity.

RULE 2002-3

PREFERRED ADDRESS NOTIFICATION

(A) An entity and a notice provider may agree that when the notice provider is

directed by the Court to give notice to that entity, the notice provider shall give the notice

to the entity in the manner agreed to and at the address or addresses the entity supplies

to the notice provider. That address is conclusively presumed to be a proper address for

the notice. The notice provider’s failure to use the supplied address does not invalidate

any notice that is otherwise effective under applicable law.

(B) The filing of a notice of preferred address pursuant to 11 U.S.C. § 342(f) by

the creditor directly with the agency or agencies that provide noticing services for the

Bankruptcy Court will constitute the filing of such notice with the Court.

accomplished through the Bankruptcy Noticing Center, the agency that provides noticing

services for the Bankruptcy Court for the Northern District of Florida. Refer to

www.flnb.uscourts.gov for more information.

(D) A local form for use by creditors for filing the notice of preferred address

under 11 U.S.C. § 342(e) is available at www.flnb.uscourts.gov.

Advisory Committee Notes

2020 Amendment

The amended rule only includes stylistic, non-substantive changes. The

format of subdivisions is changed to maintain a consistent style across all

rules. Subdivisions (C) and (D) are amended to maintain a consistent style

for references to the court’s website.

RULE 2003-1

MEETING OF CREDITORS AND EQUITY SECURITY HOLDERS

Section 341 Meetings will not be continued except for good cause shown. All

requests for continuances must be made through the U.S. Trustee’s Office in Chapter 11

cases and through the trustee in Chapter 7, 12, or 13 cases.

RULE 2004-1

EXAMINATION OF DEBTOR AND OTHERS

(A) This Rule Does Not Apply in Adversary Proceedings and Contested

Matters. This rule applies only to examinations conducted pursuant to Bankruptcy Rule

2004. The rules governing discovery in adversary proceedings and contested matters are

set forth in Part VII of the Bankruptcy Rules and Local Rule 7026-1.

(B) Manner of Setting Examination. A Court order is not necessary to

authorize an examination pursuant to Bankruptcy Rule 2004 or to require production of

documents at the examination. Examinations may be scheduled upon notice filed with

the Court and served on the trustee, the United States Trustee in Chapter 11 cases, the

debtor, the debtor’s attorney, if any, and the party to be examined.

documents may not be required less than 21 days after service of the notice, except by

agreement of the parties or order of the Court. To the extent that a request for production

of documents under this rule may be construed as a request under Bankruptcy Rule 7034,

the time to respond is shortened to 21 days. The notice of examination may provide for

the production of documents in advance of the examination, but in no event shall the

production of documents be required less than 21 days from service of the notice of

examination, unless otherwise agreed to by the parties or ordered by the Court.

(D) Who May Attend. Any party in interest who wishes to attend an

examination scheduled under this rule may do so by filing and serving a cross-notice of

examination in advance of the scheduled examination according to the following

schedule:

(1) If the original notice is served at least 21 days before attendance is required,

the later of 14 days after service of the original notice or 14 days before the

scheduled examination; or

(2) If by agreement of the parties the original notice is served less than 21 days

before attendance is required, the earlier of 14 days after service of the

original notice or 3 days before the scheduled examination, except that if

service of the notice is first made within 3 days of the scheduled

examination, any other party shall be entitled to attend the examination

without filing and serving a cross-notice of examination.

(E) Motion for Protective Order. An interested party may file, prior to the date

of the proposed examination or production of documents, a motion for protective order

stating the reasons for prohibiting, limiting, or rescheduling the examination or

production of documents. The examination and/or production of documents shall be

stayed until the Court rules on the motion.

(F) Subpoena. No subpoena is necessary to compel the attendance of, or the

production of documents by, the debtor at an examination of the debtor. A subpoena is

necessary to compel the attendance of, or production of documents by, a witness other

than the debtor. The provisions of Civil Rule 45, as made applicable by Bankruptcy Rule

9016, apply to subpoenas issued under this rule.

(G) Videotaped Examinations. Examinations may be videotaped if the notice

of examination or subpoena states that the examination will be videotaped and whether

it will also be recorded stenographically.

Advisory Committee Notes

2020 Amendment

This new rule is intended to formalize standard court practice, adding

procedures and standards applicable to Rule 2004 examinations in the

district. These procedures include initiation of examinations, standard time

frames, protective orders, and the conduct of examinations.

RULE 2015-1

DEBTOR IN POSSESSION DUTIES

(A) A debtor-in-possession or a trustee who operates a business shall file signed

monthly financial reports in the form and containing the information as set forth by the

Office of the U.S. Trustee, available at www.flnb.uscourts.gov through a link to the U.S.

Trustee Region 21 Forms Page.

(B) A debtor-in-possession in a Chapter 11 case who is an individual not

engaged in business shall file signed monthly financial reports in the form and containing

the information as set forth by the Office of the U.S. Trustee, available at

www.flnb.uscourts.gov through a link to the U.S. Trustee Region 21 Forms Page.

of each month commencing with the month following the filing of the petition and shall

reflect all transactions during the immediately preceding month.

(D) The attorney for the debtor-in-possession shall not be required to sign the

monthly financial reports or file any notice of their filing.

(E) The debtor-in-possession or trustee in a Chapter 11 case shall file the

original monthly financial report with the Clerk and serve a copy of the reports and

financial statements upon the U.S. Trustee, the members of the creditors’ committee, if

one has been appointed, the attorney for the creditors' committee, if one has been

employed, and such other person or persons as the Court may from time to time direct.

The debtor-in-possession in Chapter 12 and Chapter 13 business cases shall serve a copy

of the reports and financial statements upon the trustee, the U.S. Trustee and upon such

other person or persons as the Court may from time to time direct.

(F) In Chapter 12 cases the debtor shall file signed Monthly Cash Receipts and

Disbursements Statements as set forth by the Office of the U.S. Trustee and available at

www.flnb.uscourts.gov. The debtor shall file the original with the Clerk and provide a

copy to the Chapter 12 Trustee and the U.S. Trustee beginning with the filing of the

bankruptcy petition and ending when the payments under the Plan are complete. The

reports shall be filed by the debtor no later than the twenty-first (21st) day following the

end of the month and shall include all of the debtor's receipts or income, in cash or by

check, received during the month. The receipts should be itemized by kind, quantity, and

dollar amount. All expenses paid in cash or by check should be itemized.

(G) Failure to comply with this rule may be grounds for conversion to Chapter

7, if permitted by law, or for dismissal of the case.

Advisory Committee Notes

2020 Amendment

The amended rule includes both stylistic and substantive changes. The

format of subdivisions is changed to maintain a consistent style across all

rules. Subdivisions (A), (B), and (F) are amended to maintain a consistent

style for references to the court’s website. Subdivision (F) is also amended

to extend the time for filing the reports from the 15th day to the 21st day

following the end of the month, consistent with Chapter 11 practice.

RULE 2015-2

CHAPTER 7 TRUSTEE EXPENDITURES

(A) Chapter 7 Trustee’s Limited Authority to Expend Funds for

Administrative Expenses. Chapter 7 trustees may incur and pay expenses directly

related to the administration of the estate not to exceed $500 in the aggregate without

order of the Court. The Trustee’s Final Report shall itemize all expenses incurred and

paid during the administration of the estate and shall be subject to review by the Court.

(B) Bank Servicing Fees. A trustee may pay bank servicing fees to the extent

authorized by the Uniform Depository Agreement that exists between the bank used by

the trustee as a depository for estate funds and the United States Trustee. These fees may

be assessed against the trustee’s bankruptcy accounts.

without order of the Court.

Advisory Committee Notes

2020 Amendment

This new rule is intended to offer flexibility to Chapter 7 Trustees by

permitting Chapter 7 Trustees to pay minor expenses and filing fees

without obtaining a court order. Subdivision (A) can be analogized to a per-

case line of credit (the credit being authority to pay without prior court

approval) that must be refreshed by eventually obtaining a court order

authorizing any such transfers or approval of a trustee’s final report.

RULE 2016-1

COMPENSATION OF PROFESSIONALS

(A) Applications for Compensation in Chapter 7 Cases:

(1)

(a) Final applications for fees and expenses of all professionals incurred

during the administration of the Chapter 7 cases and allowable under

11 U.S.C. § 503(b) must be filed not later than twenty-one (21) days after

service of notification by the trustee that the case is ready to close.

(b) In cases that have been converted to Chapter 7, all final applications of

professionals for fees, costs, and expenses incurred in the superseded

case must be filed within ninety (90) days after the date of the order

converting the case.

(2) All applications for fees and expenses, whether interim or final, shall

contain the amounts requested and a detailed itemization of the work

performed including:

(a) the name of the individual performing the work;

(b) the amount of time expended for each item of work;

(d) a discussion of the criterion that are relevant in determining the

compensation to be awarded.

(3)

(a) Applications for fees and expenses totaling $1,000 or less will be

determined after notice and an opportunity for a hearing. Notice shall

go to all creditors, the U.S. Trustee, and all other parties in interest. A

hearing will not be held unless a timely objection is filed with the Court.

(b) Applications for fees and expenses under 11 U.S.C. § 326 will be

determined after notice and an opportunity for a hearing. Notice shall

go to all creditors, the U.S. Trustee, and all other parties in interest. A

hearing will not be held unless a timely objection is filed with the Court.

(B) Applications for Compensation in Chapter 11 Cases:

(1) Applications of attorneys, accountants, auctioneers, appraisers, and other

professionals for compensation from the estate of the debtor allowable

under 11 U.S.C. § 503(b), must be accompanied by the cover sheet available

at www.flnb.uscourts.gov and should be filed no later than twenty-one (21)

days after the entry of an order scheduling the confirmation hearing, except

for applications for fees and expenses totaling $1,000 or less, which may be

heard and determined pursuant to Local Rule 2016-1. A copy of the

application shall be served upon the trustee and attorney for the trustee, if

one has been appointed, the debtor-in-possession, the attorney for the

debtor-in-possession, the attorney for the creditors' committee, if one has

been appointed; if no creditor’s committee has been appointed, on the 20

largest unsecured creditors (see Bankruptcy Rule 1007(d)) and the U.S.

Trustee. Nothing herein shall preclude an application not filed pursuant to

this rule; provided, however, that debtor shall not be required to pay for

such services upon confirmation.

(2) All applications for compensation of professionals, including interim

applications, shall contain a detailed itemization of the work performed.

Applications by attorneys and accountants shall include the individual

performing the item of work, a description of the work performed for each

item, the amount of time expended for each item, the hourly rate requested,

and a discussion of the criteria that are relevant in determining the

compensation to be awarded.

(3) All disclosures required to be transmitted to the United States Trustee

under Bankruptcy Rule 2016(b) shall be served on the case trustee within

the time required for service on the United States Trustee.

Advisory Committee Notes

2020 Amendment

The amended rule includes both stylistic and substantive changes. The

format of subdivisions is changed to maintain a consistent style across all

rules. Subdivision (B)(1) is amended to require a cover sheet to be filed with

applications for professional compensation sought in Chapter 11 cases and

otherwise amended to improve readability. Subdivision (B)(3) is amended

to correct a scrivener’s error by changing the reference to Bankruptcy Rule

1026(b) to 2016(b).

RULE 2071-1

COMMITTEES

(A) Upon appointment of a committee of creditors pursuant to 11 U.S.C. § 1102,

those creditors willing to serve shall have an organizational meeting and elect a chairman

who shall preside at meetings of the creditors' committee.

(B) The meetings of the creditors' committee may be held by telephone.

names, addresses, email addresses, and telephone numbers of the members of the

committee. If no committee is appointed, the U.S. Trustee's Office shall notice the Clerk

of the Bankruptcy Court that no committee has been appointed. A copy of the appropriate

notice shall be served upon the attorney for the debtor and the members of the committee.

Advisory Committee Notes

2020 Amendment

The amended rule includes both stylistic and substantive changes. The

format of subdivisions is changed to maintain a consistent style across all

rules. Subdivision (C) is amended to require the U.S. Trustee’s Office to

provide the email addresses of all Committee members to the Clerk and

other interested parties, in addition to mailing addresses.

RULE 2081-1

CHAPTER 11 - GENERAL

(A) Authority to Operate Business/Manage Financial Affairs:

(1) The operation of a business by a debtor-in-possession in cases filed under

Chapter 11 shall be subject to the terms and conditions of an order

continuing the debtor-in-possession to be entered upon the filing of the

petition or entry of the Order for Relief. The debtor-in-possession shall also

deposit taxes and file tax returns in compliance with the terms of the Order

to File Federal and State Employment Tax Returns and To Deposit State and

Federal Taxes.

(2) Individual Chapter 11 debtors not engaged in business shall be subject to

the terms and conditions of the order authorizing individual debtors to

manage financial affairs to be entered upon the filing of the petition or entry

of the order for relief.

(3) All Chapter 11 voluntary debtors must comply with the Administrative

Order Establishing Initial Procedures in Chapter 11 Cases in effect as of the

date of filing the petition, available at www.flnb.uscourts.gov.

(B) Post-Confirmation Matters:

(1) Within twenty-one (21) days after the hearing at which the plan is

confirmed, the attorney for the proponent of the plan shall submit the Order

of Confirmation to the Court. Copies of the proposed order shall be served

upon the U.S. Trustee, any party in interest who filed an objection to the

confirmation and to any other person designated by the Court. The

proponent of the plan shall be responsible for the distribution of copies of

the Order Confirming the Plan and the confirmed plan to all creditors, the

U.S. Trustee, and other parties as may be designated by the Court.

(2)

(a) In addition to the report required by Bankruptcy Rule 2015(a), in those

instances where the plan requires longer than one hundred twenty (120)

days for consummation, the plan proponent shall file a Confirmed Plan

Status Report beginning the third month after the effective date of the

plan and every three (3) months thereafter. This report shall disclose any

distributions made, including the amount of each distribution to

creditors as identified in the plan, as well as a description of all other

matters which must be consummated in order to close the estate.

(b) If the plan provides for payments to any class of creditors over a period

of time which is longer than one hundred eighty (180) days from the

date of confirmation, the plan proponent shall execute an instrument

evidencing the indebtedness and deliver such instrument to each

creditor or other party interest. Such instrument shall provide for

payment of the amount due under the plan upon the terms set forth in

the plan. Delivery of instruments shall be deemed commencement of

distribution under the plan for purposes of closing the estate pursuant

to 11 U.S.C. § 1101(c). Such instruments shall be delivered to creditors

in each class within thirty (30) days after all objections to claims in that

class have been resolved or, if there are no objections to claims in any

class, then within sixty (60) days after the entry of an Order of

Confirmation.

Advisory Committee Notes

2020 Amendment

The amended rule includes both stylistic and substantive changes. The

format of subdivisions is changed to maintain a consistent style across all

rules. The introductory note is removed as redundant since subdivision

(A)(3) requires adherence to the Administrative Order Governing Initial

Procedures in a Chapter 11 case. Subdivision (A)(3) is amended to remove

the reference to a specific Administrative Order, replacing it with a website

link that can be maintained up-to-date more promptly than the local rules.

Subdivision (B)(1) is amended to require the plan proponent to serve the

confirmation order rather than the Court. Subdivisions (B)(2)(c) and (d)

have been relocated to Local Rule 3022-1. Any other changes not specifically

discussed are stylistic.

RULE 2082-1

CHAPTER 12 - GENERAL

(A) Duties of the Chapter 12 Debtor

(1) At least seven (7) days before the first meeting of creditors, the debtor must

provide the Chapter 12 Trustee with the Summary of Operations for

Chapter 12 Case, form available at www.flnb.uscourts.gov.

(2) At least seven (7) days before the first meeting of creditors, the debtor must

provide Income Tax Returns for the two (2) years immediately preceding

the filing of the bankruptcy petition.

(3) At least seven (7) days before the confirmation hearing, the debtor must file

and provide a copy to the Chapter 12 Trustee of the Chapter 12 Plan for a

three (3) year period indicating projected disposable income, and a

liquidation analysis reflecting the distributions to unsecured creditors if the

case proceeds as a Chapter 7.

(4) The debtor shall file and provide a copy to the Chapter 12 Trustee the

Monthly Cash Receipts and Disbursements Statement, form available at

www.flnb.uscourts.gov, beginning with the filing of the bankruptcy

petition and ending when the payments under the plan are complete. The

Statements shall be filed by the debtor no later than the twenty-first (21st)

day following the end of the month and shall include all of the debtor's

receipts and/or income, in cash or by check, received during the month.

The receipts should be itemized by kind, quantity, and dollar amount. All

expenses paid in cash or by check should be itemized.

(5) Within sixty (60) days after the end of a calendar year (or fiscal year), the

debtor must provide to the Chapter 12 Trustee Internal Revenue Service

Form Schedule 1040 F together with all supporting schedules of Schedule

F, and Form 4835, for any part of the calendar or taxable period ending after

the date on which the Chapter 12 petition was filed. The Schedule F and

Form 4835 must report all income and all expenses to the end of the

calendar (or fiscal) year.

(6) All payments to the Chapter 12 Trustee shall be in the form of a cashier’s

check or money order.

(B) Pre-Confirmation Matters in Chapter 12

(1) In all cases filed under Chapter 12, the debtor shall file a statement which

contains "adequate information" about: (a) the debtor's ability to make all

of the payments under the plan and to comply with the plan, (b) the

financial condition of the debtor, including assets and liabilities of the

debtor as well as the income and expenses of the debtor for the preceding

calendar year, (c) the value of any property of the estate, whether being

retained by the debtor or surrendered, which is subject to a lien or security

interest as well as a description of the basis for such value, (d) an analysis

of the amount which would be received by unsecured creditors if the estate

of the debtor were to be liquidated under Chapter 7 of Title 11, and (e) a

projection of the net disposable income of the debtor for the term of the

plan.

(2) For purposes of this rule, "adequate information" shall mean information of

a kind, and in sufficient detail, as far as reasonably practicable in light of

the nature and history of the debtor and the condition of the debtor's books

and records, that will enable creditors and the trustee to make an informed

judgment about confirmation of the plan.

(3) In a Chapter 12 case, the pre-confirmation statement shall be filed upon the

filing of a plan. Copies of the pre-confirmation statement shall be served

upon all creditors, the trustee, the U.S. Trustee, and other persons who have

requested notice pursuant to Bankruptcy Rule 2002.

(4) All Chapter 12 individual debtors shall file with the Court and serve on the

Chapter 12 Trustee a certification that the debtor has paid all amounts to be

paid under a domestic support obligation that first became payable after

the date of the filing of the Chapter 12 petition if the debtor is required by

a judicial or administrative order, or by statute, to pay such domestic

support obligation. If the debtor is not required to pay any amounts under

a domestic support obligation, then the debtor shall file a certification

stating that the debtor is not required to pay said amounts. This form is

available at www.flnb.uscourts.gov.

Advisory Committee Notes

2020 Amendment

The amended rule includes both stylistic and substantive changes. The

format of subdivisions is changed to maintain a consistent style across all

rules. Former Subdivisions (A)(1), (A)(3), and (B)(4) are amended to

maintain a consistent style for references to the court’s website. Former

subdivision (A)(1) is divided into two subdivisions to separate the

Summary of Operations and Income Tax Returns provisions. Former

subdivision (A)(3) is further amended to extend the time for filing the

reports from the 15th day to the 21st day following the end of the month, to

be more consistent with Chapter 11 practice. Subdivision (C) is amended to

conform to the separation of Rules 2081-1 and 3022-1. Other changes are

stylistic and are not intended to effect a substantive change.

RULE 2083-1

CHAPTER 13 - GENERAL

(A) Pre-Confirmation Matters in Chapter 13. In all cases filed under Chapter

13 where the debtor is required to file monthly operating reports, the debtor shall file a

statement which contains "adequate information" about:

(1) the debtor's ability to make all of the payments under the plan and to

comply with the plan,

(2) the financial condition of the debtor, including assets and liabilities of the

debtor as well as the income and expenses of the debtor for the preceding

calendar year,

(3) the value of any property of the estate, whether being retained by the debtor

or surrendered, which is subject to a lien or security interest as well as a

description of the basis for such value,

(4) an analysis of the amount which would be received by unsecured creditors

if the estate of the debtor were to be liquidated under Chapter 7 of Title 11,

and

(5) a projection of the net disposable income of the debtor for the term of the

plan.

(B) For purposes of this rule, "adequate information" shall mean information of

a kind, and in sufficient detail, as far as reasonably practicable in light of the nature and

history of the debtor and the condition of the debtor's books and records, that will enable

creditors and the trustee to make an informed judgment about confirmation of the plan.

twenty-one (21) days prior to the confirmation hearing. Copies of the pre-confirmation

statement shall be served upon all creditors, the trustee, the U.S. Trustee, and other

persons who have requested notice pursuant to Bankruptcy Rule 2002.

Note: Refer to Standing and Administrative Orders available at www.flnb.uscourts.gov

regarding Chapter 13 procedures.

Advisory Committee Notes

2020 Amendment

The amended rule only includes stylistic, non-substantive changes. The

format of subdivisions is changed to maintain a consistent style across all

rules. The introductory notes have been replaced with a single note at the

conclusion of the rule, removing references to a specific Administrative

Order, replacing it with a website link that can be maintained up-to-date

more promptly than the local rules.

RULE 2090-1

ATTORNEYS - ADMISSION TO PRACTICE

(A) General Admission. Except as provided herein, the District Local Rules

govern the admission and appearance of attorneys before the Bankruptcy Court.

(www.flnd.uscourts.gov)

(B) Appearing Pro Hac Vice. In order to obtain leave of this Court to appear in

a case or an adversary proceeding, the attorney seeking to be admitted pro hac vice must

file a motion pursuant to the District Local Rules. Such motion must also comply with

any other Bankruptcy Court requirements identified at www.flnb.uscourts.gov.

not admitted to the United States District Court for the Northern District of Florida, but

is an active member in good standing of the bar of a Court of general jurisdiction in any

state or territory of the United States, may appear on behalf of a creditor in the following

instances:

(1) Preparation and filing of a notice of appearance and request for service of

notices pursuant to Bankruptcy Rule 2002; and

(2) The preparation and filing of a proof of claim.

(D) Conduct. All attorneys appearing in the Bankruptcy Court and all persons

at counsel table are expected to observe the rules described in Addendum A.

(E) Appearance and Withdrawal. The following rules additionally govern

appearances and withdrawals from representation in the Bankruptcy Court:

(1) No attorney, having made an appearance for a creditor in a contested

matter or adversary proceeding or having filed a petition on behalf of a

debtor, shall abandon the case or proceeding in which the appearance was

made or withdraw as counsel for any party, except by leave of Court

obtained after giving fourteen (14) days notice to the party or client affected

and to opposing counsel.

(2)

(a) The disclosure statement required by Bankruptcy Rule 2016(b) shall

include a statement as to whether the attorney has been retained to

represent the debtor in discharge and dischargeability proceedings

including those initiated via motion under Bankruptcy Rule 4004.

(b) If the disclosure statement recites that the attorney has not been retained

to represent the debtor in proceedings as described in (E)(2)(a) above,

the attorney shall not be required to represent the debtor in such

proceedings.

retained to represent the debtor in proceedings as described in (E)(2)(a)

above, the attorney shall be deemed to represent the debtor in such

proceedings and shall not be allowed to withdraw from such

proceedings except as provided in paragraph (E)(1) above.

(3) Unless allowed to withdraw from a case, matter, or proceeding by order of

the Court, counsel filing a petition on behalf of a debtor shall attend all

hearings and meetings scheduled in the case or proceeding at which the

debtor is required to attend under any provision of the Bankruptcy Code,

the Bankruptcy Rules, or order of the Court; provided, however, counsel

need not attend a hearing in regard to a matter in which the debtor is not a

party and whose attendance has only been required as a witness.

(4) Any party for whom a general appearance of counsel has been made shall

not thereafter take any step or be heard in the case in proper person absent

prior leave of Court, nor shall any natural person, having previously elected

to proceed in proper person, be permitted to obtain special or intermittent

appearances of counsel except upon such conditions as the Court may

specify.

(5) An entity other than a natural person may not file any petition or pleading,

except a proof of claim or a ballot, or otherwise appear except through an

attorney; provided, however, that any creditor or party in interest may

participate in a Section 341 Meeting of Creditors without an attorney.

Advisory Committee Notes

2020 Amendment

The amended rule includes both stylistic and substantive changes. The

format of subdivisions is changed to maintain a consistent style across all

rules. Subdivision (A) and the note thereto have been amended to more

generally incorporate the applicable District Local Rules, including deleting

subdivision (A)(1) as duplicative of the district rule, and to separate pro hac

vice admission into a new subdivision (B). Previous subdivision (B) is

accordingly renumbered as subdivision (C) and includes other non-

substantive changes. Previous subdivision (C) is similarly renumbered as

subdivision (D) and is simplified to reference Addendum A, which itself

incorporates the District Local Rules standards of conduct. All other

changes are either stylistic or edits conforming to the subdivision

renumbering.

RULE 3001-1

TRANSFER/ASSIGNMENT OF CLAIM

(A) Scope of Rule. This Local Rule applies to the transfer or assignment of any

claim or interest filed pursuant to Bankruptcy Rules 3001, 3002, or 3003, or Local Rules

3002-1 or 3002.1-1. Nothing in this Local Rule shall be construed as an extension of any

time limit for filing a Proof of Claim or Interest.

(B) Required Form and Content. Transfers or assignments of claim pursuant

to Bankruptcy Rule 3001(e)(2) shall be filed using the Transfer of Claim Other Than For

Security form, available at www.flnb.uscourts.gov, or a form that substantially conforms

to it. The transfer of claim form shall be accompanied by the appropriate fee and shall

include at minimum the following evidence of the transfer:

(1) The name and address of the transferee (person or entity that purchased or

otherwise acquired the claim);

(2) The name and address of the transferor (person or entity that sold or

otherwise relinquished the claim);

(3) The amount of the claim;

(4) The date the claim was filed;

(5) An actual or electronic signature(s) of the transferee; and,

(6) A reference to the claim number for the claim to be transferred.

Note: When the transfer or assignment of claim is filed in CM/ECF on the main case

docket, the filing event should also reference the claim number of the claim to be

transferred so that information will appear on the claim register.

(1) Any person or entity filing a Transfer of Claim or Assignment of Claim

pursuant to Bankruptcy Rule 3001(e)(2) shall immediately serve upon the

transferor, the trustee and the debtor or debtor’s attorney, if any, a copy of

the Transfer of Claim Other Than For Security, form available at

www.flnb.uscourts.gov, and supporting evidence of the transfer.

(2) At the same time of service as required in subdivision (C)(1), the person or

entity shall also immediately serve upon the transferor, the trustee and the

debtor or debtor’s attorney, if any, a Notice of Transfer of Claim Other Than

For Security, form available at www.flnb.uscourts.gov.

(D) Objection and Hearing.

(1) Any party objecting to the Transfer of Claim or Assignment of Claim shall

file an objection no more than twenty-one (21) days from the filing of the

Notice of Transfer of Claim. A timely objection will be set for hearing.

(2) Failure to timely object will result in the transferee being substituted for the

transferor as the holder of the claim without further notice or hearing.

Advisory Committee Notes

2020 Amendment

The amended rule includes both stylistic and substantive changes. The rule

has been renumbered from Local Rule 3001-2 to 3001-1. The format of

subdivisions is changed to maintain a consistent style across all rules.

Subdivision (A) is amended to add a reference to Local Rule 3002.1-1.

Subdivisions (B) and (C) have been amended to (1) clarify that both

individuals and entities are affected by the rule equally, and (2) replace

references to a specific bankruptcy form number and notice format with a

reference to a specific named form on the Court’s website. Subdivision (E)

providing an alternative to standard notice is eliminated to ensure a

consistent format for notice to interested parties.

RULE 3002-1

COLLATERAL RECOVERY AND DEFICIENCY CLAIMS IN CHAPTER 13

(A) Upon confirmation of a Chapter 13 Plan that provides for surrender of

collateral:

(1) The creditor shall have sixty (60) days from confirmation of the Chapter 13

Plan to amend a timely filed proof of claim regarding any unsecured

deficiency balance that may occur upon the sale of the subject collateral if

the collateral consists of personal property that was not liquidated within

the claims bar date period;

(2) The creditor shall have ninety (90) days from confirmation of a Chapter 13

Plan to amend a timely filed proof of claim regarding any unsecured

deficiency balance that may occur upon the sale of the subject collateral if

the collateral consists of real property that was not liquidated within the

claims bar date period;

(3) The time periods provided above may be extended by Court Order upon

the creditor filing an appropriate Motion stating the circumstances

necessitating a need for a longer period of time and an estimated deficiency;

(4) If the creditor does not file an amended proof of claim asserting a deficiency

balance within the given time period and does not file a timely Motion to

Extend the Time, then the claim will be automatically disallowed and the

Chapter 13 Trustee shall make no disbursement on such claim.

(5) If the Chapter 13 Plan provides for the surrender of collateral, that plan shall

constitute the debtor(s)’ consent to the immediate termination of the

automatic stay.

(B) If a Chapter 13 Plan does not provide for the surrender of property:

(1) If the collateral consists of personal property that was not liquidated prior

to the claims bar date, the secured creditor shall have sixty (60) days from

the date of an Order terminating the automatic stay to amend a timely filed

proof of claim regarding any unsecured deficiency balance that may occur

upon the sale of the subject collateral;

(2) If the collateral consists of real property that was not liquidated prior to the

claims bar date, the secured creditor shall have ninety (90) days from the

date of an Order terminating the automatic stay to amend a timely filed

proof of claim regarding any unsecured deficiency balance that may occur

upon the sale of the subject collateral;

(3) The time periods provided above may be extended by Court Order upon

the creditor filing an appropriate Motion stating the circumstances

necessitating a need for a longer period of time and an estimated deficiency;

(4) If no amended unsecured proof of claim is filed within the given time

period and no Motion to Extend the Time is filed, any claim filed outside

the time limits set forth in this Rule will be automatically disallowed and

the Chapter 13 Trustee shall make no disbursement on such claim unless a

Motion and Order allowing the filing of the claim has been entered.

Advisory Committee Notes

2020 Amendment

The amended rule includes both stylistic and substantive changes. The

format of subdivisions is changed to maintain a consistent style across all

rules. Various subdivisions are amended for four key purposes. First,

subdivision (A) is amended to allow for the possibility that surrender does

not necessarily return property to the creditor, which is a legal question to

be decided by the Court. Second, references to the “secured” creditor have

been removed to avoid confusion in the circumstance where surrender of

collateral renders a creditor unsecured; removal of the qualifier is

appropriate because the term creditor sufficiently describes the originally

secured party. Third, the amendments clarify the process for a secured

creditor’s deficiency claim for surrendered collateral, clarifying that such

claims should be filed as amendments to the original, timely filed secured

claim. Fourth, the amendments remove any reference to filing by negative

notice as exclusively within the scope of Local Rule 2002-2.

RULE 3002.1-1

NOTICE RELATING TO CLAIMS SECURED BY SECURITY INTEREST IN

THE DEBTOR’S PRINCIPAL RESIDENCE

(A) In addition to the relief provided in Bankruptcy Rule 3002.1(i)(1) and (2),

the holder of the claim may not seek to collect any fees, expenses and/or charges included

in the omitted information required by Bankruptcy Rule 3002.1(b), (c) or (g).

(B) All notices required pursuant to Bankruptcy Rule 3002.1 shall be provided

to debtor, debtor’s counsel and trustee in accordance with Bankruptcy Rule 2002 and

shall include a certificate of service. If filing the required notices as a supplement to the

holder’s proof of claim does not result in notice to the debtor, debtor’s counsel and trustee

via CM/ECF electronic service, the holder of the claim shall serve the unnoticed party by

alternative means and so indicate on the certificate of service filed with the notice. If the

debtor is self-represented, the creditor must serve the debtor via United States Mail.

Advisory Committee Notes

2020 Amendment

The amended rule includes only stylistic changes. The format of

subdivisions is changed to maintain a consistent style across all rules.

Subdivision (A) is amended to correct a typographical error. Subdivision

(B) is amended to apply a consistent style for reference to the CM/ECF

system and to clarify service on self-represented parties.

RULE 3007-1

CLAIMS OBJECTIONS

(A) Objections to timely filed claims shall be subject to Bankruptcy Rule 3007(a)

and, if not incorporated into an adversary proceeding, Bankruptcy Rule 9014(c).

(B) Objections to claims shall be filed individually for each claim objected to

and may name only one creditor.

sustain the objection without a hearing if relief is otherwise proper.

(D) All proposed orders on objections to claims shall recite in the ordering

paragraph that the objection is either sustained or overruled, that the claim is either

allowed or disallowed, and if allowed, the amount and class of each such allowed claim.

(E) In all cases filed under Chapter 13, unless extended by the Court, objections

to timely filed claims shall be filed no later than sixty (60) days after the applicable claims

bar date.

Advisory Committee Notes

2020 Amendment

The amended rule includes both stylistic and substantive changes. The

format of subdivisions is changed to maintain a consistent style across all

rules. Subdivisions (A) and new subdivision (C) are amended to remove

the reference to Local Rule 9013-1 concerning memoranda of law, and

former subdivision “C.” is eliminated, because that local rule applies

generally without the cross-reference. Other subdivisions are renumbered

accordingly. Subdivision (A) is further amended to invoke the service rules

of Bankruptcy Rule 3007(a), rather than those of 9014, and to clarify that the

procedural elements of Bankruptcy Rule 9014(c) apply unless the claim

objection is incorporated into an adversary proceeding in which case entire

Rule 70xx series would apply. An example would be an objection to the

nature and extent of lien in a claim filed as a secured claim. Subdivision (B)

and new subdivision (C) are amended to remove any reference to filing by

negative notice as exclusively within the scope of Local Rule 2002-2. The

notes previously in the rule are deleted as redundant to the text of the either

this rule or the applicable Bankruptcy Rule 3007. Subdivision (E) is

amended to change the time to object to timely filed claims from the date of

the confirmation hearing to a date based on the claims bar date to avoid

stale objections. Subdivision (F) is deleted to allow for the process of

objections to claims to be defined in conjunction with the Chapter 11 Plan.

RULE 3012-1

VALUATION OF COLLATERAL

(A) In cases filed under Chapter 11:

(1) If the plan proponent seeks to value collateral through the disclosure

statement and confirmation process, other than by motion, the plan

proponent shall serve all creditors a copy of any plan and disclosure

statement and any amendment thereto filed in the case. The value of

property set forth in the disclosure statement filed pursuant to 11 U.S.C.

§ 1125 shall be deemed at confirmation to be the value of the property for

purposes of the plan and confirmation of the plan, including the treatment

of creditors under the plan, unless not less than seven (7) days prior to the

hearing on confirmation a party in interest has filed a motion pursuant to

Bankruptcy Rule 3012, in which event such values shall be as determined

by the Court.

(2) The disclosure statement shall include the plan proponent's basis or

justification for all values shown.

(3) If the plan proponent seeks to value collateral pursuant to subdivision

(A)(1) of this rule, the title of the disclosure statement shall include a

statement that provides “AND NOTICE OF PROPOSED VALUATION OF

PROPERTY” or words to that effect.

(B) In cases filed under Chapter 12 or 13:

(1) Upon the filing of the plan or within seven (7) days thereafter, the debtor

shall file a separate notice and serve it on each secured creditor whose

claim(s) are being impaired under the plan of the value of the collateral that

secures their claim. The notice shall contain the following information:

(a) The value of the collateral and the basis or justification for the value

shown;

(b) In a case under Chapter 13, whether the collateral is or is not of a kind

described in § 1325(a)(9);

surrender; and

(d) If the debtor proposes to surrender the collateral in satisfaction of all or

a portion of the claim based on the valuation, the notice shall so state.

(2) The debtor's attorney, or the debtor if the debtor is self-represented, shall

file a certificate of service to evidence proper service of the notice. Service

shall be made as provided by Bankruptcy Rule 7004. The value of property

subject to liens or security interests as noticed shall be deemed to be the

value of the property for purposes of confirmation and treatment of such

creditor pursuant to a plan unless no later than thirty (30) days after proper

service of such notice any party in interest files a motion to value collateral

or motion to determine secured status pursuant to Bankruptcy Rule 3012.

(3) The notice sent to a secured creditor pursuant to this rule shall notify such

creditor, in large, bold-face type appearing just under the title of the notice,

that failure to file a timely motion to value collateral or motion to determine

secured status will result in such collateral being valued at the amount

listed for purposes of confirmation of the plan and treatment of such

creditor's claim pursuant to the plan.

(4) No such notice is necessary to secured creditors whose claims are impaired

only by a proposed change in the interest rate.

state the value of the property as alleged by the moving party and the facts or

circumstances supporting such value and shall be accompanied by an appraisal or other

evidence of value. A motion to value or motion to determine secured status shall include

a certification as required by Local Rule 7007-1. The appraisal or other evidence of value

shall be filed and a copy served upon all adverse parties who are required to be served

with a copy of the motion. Any party who contests the motion and desires to appear and

be heard on the issue of value shall file an objection to such motion within fourteen (14)

days from the date of the service of the motion to value and shall file and serve not later

than seven (7) days prior to the hearing an appraisal or other evidence of value, unless

such party has already filed valuation evidence through a reasonably contemporaneous

filing under this rule, such as a plan proponent’s disclosure statement under subdivision

(A) or a notice under subdivision (B).

(D) In any case or proceeding in which the value of real property is an issue and

where a party intends to present appraisal testimony, the appraisal report and a

statement of the qualifications of the appraisal witness shall be filed with the Court and

served on all opposing parties as soon as the report first becomes available but in no case

less than seven (7) days before the trial or hearing wherein the testimony is to be

presented.

(E) All objections to the admissibility of the appraisal report or the

qualifications of the appraiser as an expert shall be filed and served upon the appraisal's

proponent no less than two (2) days prior to the trial or hearing at which the testimony is

to be presented. Absent any objections, the report shall be admitted into evidence without

further testimony.

(F) Admission into evidence of an appraisal report shall constitute the

complete direct examination of an appraiser witness. Cross examination of the witness

will begin immediately upon admission of the report followed by redirect and re-cross.

Advisory Committee Notes

2020 Amendment

The amended rule includes both stylistic and substantive changes. The

format of subdivisions is changed to maintain a consistent style across all

rules. Subdivision (A)(3) is added and subdivision (B) is amended to

require prominent notice of valuation issues in Chapter 11 disclosure

statements and Chapter 12 and 13 plans. Subdivision (B) is amended to

relocate and include the former freestanding note regarding the

inapplicability of notice when the only impairment is a modified interest

rate. Subdivision (B) is also amended to remove any reference to filing by

negative notice as exclusively within the scope of Local Rule 2002-2.

Subdivision (B)(1) is amended to reduce the standard response time from

fifteen to fourteen days, consistent with recent standardization of seven-

day multiples of time limits in other procedural rules.

RULE 3012-2

MOTIONS TO DETERMINE SECURED STATUS AND STRIP JUNIOR LIEN

ON DEBTOR’S HOMESTEAD IN CHAPTER 13

Notwithstanding the procedure for valuation of collateral of certain impaired

claims in Chapter 12 and 13 plans pursuant to Rule 3012-1(B), actions to determine

secured status and strip junior lien on the debtor’s principal residence in Chapter 13 cases

shall be brought by motion and subject to the following procedures:

(A) A motion filed under this Rule shall be docketed with an applicable

“Motion to Determine Secured Status” event and shall be filed in the following manner:

(1) The motion shall include as part of the title “determine secured status and

strip junior lien on the debtor’s principal residence” and shall not be filed

before the earlier of:

(a) the date the affected creditor has filed a proof of claim or

(b) the expiration of the time to file claims (claims bar date). A premature

motion to value will be denied without prejudice.

(2) The motion shall:

(a) clearly state

(i) if the secured claim consists of a mortgage, all known parties who

may have an interest in the mortgage;

(ii) the loan number (formatted as xxxx1234) and recording

information of all mortgage lien(s) affected by the Motion;

(iii) the legal description and street address of the subject property;

(iv) the basis of the valuation – private appraisal, county valuation,

or other; and

(v) the balance due on and identity of the holder of all mortgages or

liens senior or superior to the subject lien;

(b) be verified, or supported by an affidavit or declaration (pursuant to 28

U.S.C. § 1746) of the debtor;

thirty (30) days, rather than twenty-one (21) days, to file an objection;

(d) certify proper service on the following parties:

(i) all parties identified in Bankruptcy Rule 7004(b);

(ii) the person or party designated to receive notices on any proof of

claim filed by an interested party;

(iii) the attorney of record, if any, for such creditor; and

(iv) the Chapter 13 Trustee.

(B) The movant shall submit a proposed order no later than fourteen (14) days

after the expiration of the thirty (30) day objection period.

conditioned on the debtor’s obtaining a discharge or upon further Order of the Court.

(D) The movant must file a separate motion for each mortgage or lien it seeks

to “strip.”

Advisory Committee Notes

2020 Amendment

The amended rule includes both stylistic and substantive changes to this

narrow rule regarding “lien stripping” motions directed to the debtor’s

principal residence in Chapter 13 cases. The rule title is amended to avoid

confusion with Local Rule 3012-1. The format of subdivisions is changed to

maintain a consistent style across all rules. Various subdivisions are

amended to remove any reference to filing by negative notice as exclusively

within the scope of Local Rule 2002-2, except for subdivision (A)(2)(c) which

modifies the standard negative-notice period. Subdivision (A)(1)(e) is

relocated to the subdivision (A) header and is amended to apply a

consistent style for reference to the CM/ECF system. At the time of this

amendment, there are two secured-status CM/ECF events, specifically

titled “Motion to Determine Secured Status & Strip Jr Lien of Govt Agency

on Dbtr's Principal Residence” and “Motion to Determine Secured Status &

Strip Junior Lien on Dbtr's Principal Residence (Neg Ntc).” The rule

requires additional information beyond prior practice and is clarified to

require a separate motion for each lien to be stripped.

RULE 3015-1

CERTIFICATION REQUIRED BY CHAPTER 13 DEBTOR FOR

CONFIRMATION

(A) Chapter 13 debtors shall file with the Court and serve on the Chapter 13

Trustee a certification that the debtor has paid all amounts to be paid under a domestic

support obligation that first became payable after the date of the filing of the Chapter 13

petition if the debtor is required by a judicial or administrative order, or by statute, to pay

such domestic support obligation. If the debtor is not required to pay any amounts under

a domestic support obligation, then the debtor shall file a certification stating that the

debtor is not required to pay said amounts.

(B) Chapter 13 debtors shall file with the Court and serve on the Chapter 13

Trustee a certification that all applicable Federal, State and local tax returns as required

by sections 1308 and 1325(a)(9) have been filed.

Advisory Committee Notes

2020 Amendment

The amended rule includes only stylistic changes. The format of

subdivisions is changed to maintain a consistent style across all rules. Any

other changes are not intended to effect any substantive change.

RULE 3017-1

DISCLOSURE STATEMENT - APPROVAL

(A) Upon the filing of the disclosure statement in cases under Chapter 11, the

proponent of the plan shall serve copies of the disclosure statement and plan upon the

debtor (if not the proponent), the debtor's attorney (if the debtor is not the proponent),

the trustee (if any), the attorney for the creditors committee (if any), each member of the

creditors committee, the 20 largest unsecured creditors if no creditor’s committee has

been appointed, the Internal Revenue Service, the Securities and Exchange Commission,

the U.S. Trustee, and all parties in interest who have filed with the Clerk a request for

notices pursuant to Bankruptcy Rule 2002. A certificate of such service shall be filed with

the Clerk.

(B) The attorney for the plan proponent shall send copies of the disclosure

statement and plan to any other party in interest who requests a copy.

on the debtor, the debtor's attorney, the attorney for the proponent of the plan (if other

than the debtor), the U.S. Trustee, and all parties entitled to be served copies of the

disclosure statement and plan as listed above at least seven (7) days prior to the hearing

on the disclosure statement. Any objections not timely filed shall be deemed waived.

Advisory Committee Notes

2020 Amendment

The amended rule includes both stylistic and substantive changes. The

format of subdivisions is changed to maintain a consistent style across all

rules. Subdivision (A) is amended to remove any reference to the applicable

department or office for the Internal Revenue Service, given the possibility

of reorganization. At the time of this amendment, the appropriate office for

service on the IRS is either the Centralized Insolvency Operation or, if

applicable, the appropriate local Field Insolvency office. The address

information for the Securities and Exchange Commission has been removed

for similar reasons. Governmental mailing addresses may be obtainable

through the register identified in Bankruptcy Rule 5003(e), which includes

a conclusive presumption of proper addressing if mailed to the address on

the register. Subdivision (B) is amended to preclude the plan proponent

from charging for delivery of the disclosure statement and plan.

RULE 3017.1-1

DISCLOSURE STATEMENT - SMALL BUSINESS

(A) In a small business case, a plan proponent may file a combined plan and

disclosure statement, provided that the title of the document so indicates.

(B) Objections and Hearing on Final Approval. Notice of the time fixed for

filing objections and the hearing to consider final approval of the disclosure statement

shall be given in accordance with Bankruptcy Rule 2002 and may be combined with

notice of the hearing on confirmation of the plan. Objections to the disclosure statement

shall be filed, transmitted to the U.S. Trustee, and served on the debtor, the plan

proponent, if not the debtor, the trustee, any committee appointed under the Bankruptcy

Code and any other person or entity designated by the Court at any time before final

approval of the disclosure statement or by an earlier date as the Court may fix. If a timely

objection to the disclosure statement is filed, the Court shall hold a hearing to consider

final approval before or combined with the hearing on confirmation of the plan.

to final approval after notice and a hearing, and no timely objection to the disclosure

statement is filed, it is not necessary for the Court to hold a hearing on final approval.

Advisory Committee Notes

2020 Amendment

The amended rule includes both stylistic and substantive changes. The

format of subdivisions is changed to maintain a consistent style across all

rules. Former subdivision (A) has been removed as duplicative of the

applicable Bankruptcy Rule and all subdivisions have been

correspondingly renumbered.

RULE 3018-1

CHAPTER 11—ACCEPTANCE OR REJECTION OF PLANS

(A) Ballots shall be sent to the proponent of the plan at least seven (7) days prior

to the confirmation hearing, and, if the plan proponent is not the debtor, a copy of all

ballots shall be served upon the debtor. No later than three (3) days prior to the hearing

on confirmation in Chapter 11 cases, the plan proponent or its attorney shall tabulate the

ballots and file a Chapter 11 Ballot Tabulation form, available at www.flnb.uscourts.gov.

The plan proponent or its attorney shall certify that the tabulation is accurate and that all

ballots received have been accounted for in the tabulation. The attorney for the plan

proponent shall retain the original ballots for the time period required under the

Administrative Procedures Regarding Electronic Case Filing and will make the original

ballots available in a format as directed by the Court for the confirmation hearing or other

required proceeding if so requested.

(B) In tabulating the ballots, the following rules shall govern:

(1) Ballots which are not signed or which do not identify the creditor will not

count as either an acceptance or rejection;

(2) Ballots which do not show a choice of either acceptance or rejection will not

be counted either as an acceptance or a rejection;

(3) Ballots submitted after the last date set for submission of ballots will not be

counted as either an acceptance or rejection except upon leave of Court; and

(4) Where duplicate ballots are submitted and one elects acceptance and one

elects rejection, then, absent leave of the Court, neither ballot will be

counted unless the later submitted ballot is designated as amending the

prior one.

included in the form available at www.flnb.uscourts.gov, which shall list for each class:

the total number of claims voting, total dollar amount of claims accepting, percentages of

claims voting which accept the plan, and percentage of dollar amount of claims voting

which accept the plan. Such summary shall also indicate for each class whether that class

is or is not impaired and whether or not the requisite vote has been attained for each class.

Advisory Committee Notes

2020 Amendment

This new rule reflects a transfer of certain portions of Local Rule 3020-1 into

a separate local rule to better connect the plan balloting process to the

applicable bankruptcy rule addressing the same matters, Bankruptcy Rule

3018.

RULE 3020-1

CHAPTER 11 - CONFIRMATION

(A) Objections to confirmation shall be filed and served not less than seven (7)

days before the hearing on confirmation or within such time as may otherwise be ordered

by the Court. A copy of any objection shall be served upon each of the persons set forth

in Bankruptcy Rule 3020(b), the U.S. Trustee, and the proponent of the plan (if other than

the debtor).

(B) All Chapter 11 individual debtors shall file with the Court and serve on the

U.S. Trustee a certification that the debtor has paid all amounts that are required to be

paid under a domestic support obligation that first became payable after the date of the

filing of the Chapter 11 petition if the debtor is required by a judicial or administrative

order, or by statute, to pay such domestic support obligation. If the debtor is not required

to pay any amounts under a domestic support obligation, then the debtor shall file a

certification stating that the debtor is not required to pay said amounts. This form is

available at www.flnb.uscourts.gov.

Advisory Committee Notes

2020 Amendment

Excepting the relocation of former subdivisions (B)–(D) to new Local Rule

3018-1, the amended rule includes only stylistic changes. The format of

subdivisions is changed to maintain a consistent style across all rules.

Former subdivision (E) is amended to maintain a consistent style for

references to the court’s website.

RULE 3022-1

CHAPTER 11 - FINAL REPORT/DECREE

(A) Non-Individual Debtors. Upon substantial consummation of the plan for

cases other than those for an individual, the plan proponent shall file a motion for final

decree which shall certify compliance with 11 U.S.C. § 1101.

(B) Individual Debtors.

(1) Completed Plan Payments. After the last plan payment has been made in

an individual case, the debtor shall file:

(a) A certification that the final payment has been made, form available at

www.flnb.uscourts.gov; and

(b) A motion for final decree which shall certify compliance with 11 U.S.C.

§ 1101.

(2) Administrative Closing. After the entry of an order of confirmation and

the disposition of all adversary proceedings, contested matters, and

objections to claims, individual debtors may file a motion to

administratively close the Chapter 11 case. The debtor, any creditor, or any

other party in interest may file a motion to reopen an administratively

closed case at any time without the necessity of paying a filing fee.

(3) Motion to Reopen for Purpose of Obtaining Discharge and Final Decree.

The debtor may move to reopen the case for the purpose of obtaining a

discharge and entry of a final decree after the completion of all payments

under the plan, or for the purpose of seeking a hardship discharge. The

motion to reopen shall include the total amount of payments made to each

creditor under the plan, shall be verified by the debtor, and shall be served

upon each creditor.

Advisory Committee Notes

2020 Amendment

This new rule reflects a transfer of certain portions of Local Rule 2081-1 into

a separate local rule to better connect the content of final decrees to the

applicable bankruptcy rule addressing the same matters, Bankruptcy Rule

3022. Provisions related to administrative closing and reopening are added

to reflect local practice.

RULE 4001-1

AUTOMATIC STAY - RELIEF FROM

(A) Unless otherwise stated in the notice of hearing, a preliminary, non-

evidentiary hearing under 11 U.S.C. § 362(e) will be restricted to the pleadings, affidavits,

documents of record, and argument.

(B) The movant shall file with the Motion the following as appropriate in the

circumstances:

(1) An affidavit of indebtedness;

(2) Copies of documents, including filing and recording information necessary

to establish a perfected secured interest;

(3) An appraisal or other evidence of value together with the qualifications of

the appraiser;

(4) An affidavit showing such facts as may be necessary to demonstrate the

movant's right to relief from stay;

(5) A statement showing the debtor’s payment history.

response period, any party opposing the motion shall file an objection within fourteen

(14) days after entry of the Court's order and notice of preliminary hearing. All objections

shall be accompanied by such appraisals, affidavits and documents as may be necessary

to demonstrate the movant is not entitled to relief from the stay. If no objection is filed

within the time provided by this rule, the Court may grant the motion without a hearing.

(D) In final hearings under 11 U.S.C. § 362(e), parties shall present competent

evidence admissible under the Federal Rules of Evidence either in support of, or in

opposition to, the motion.

(E) Not less than five (5) days prior to the final hearing, each party shall file

with the Court and furnish to all other participating parties a list of the names and

addresses of all witnesses (designating expert witnesses as such) and copies of all exhibits

that such party intends to introduce at trial.

(F) A party who intends to introduce the testimony of an expert witness shall

make such witness available for deposition upon reasonable notice.

(G) The moving party may, without leave of Court, take a deposition of the

trustee, debtor, and debtor-in-possession fourteen (14) days after the date of service of

the motion. Leave of Court must be obtained only if the moving party seeks to take the

deposition of the trustee, debtor, or the debtor-in-possession prior to the expiration of

fourteen (14) days after the date of service of the motion. Leave of Court is not required

if a trustee, debtor, or debtor-in-possession has served a notice of taking deposition or

otherwise sought discovery after service of the motion.

(H) Any party in interest shall be entitled to inspect the property which is the

subject of a motion under this rule upon reasonable notice. The notice shall provide for

inspection not less than seven (7) days from the date of service of such notice unless the

time is shortened or extended by the Court.

(I) For the purpose of this rule, the time for responding under Bankruptcy

Rules 7033, 7034 and 7036, is reduced to twenty-one (21) days unless otherwise directed

by the Court.

Advisory Committee Notes

2020 Amendment

The amended rule includes both stylistic and substantive changes. The

format of subdivisions is changed to maintain a consistent style across all

rules. Subdivision (C) is amended to adjust the response deadline from

fifteen days to fourteen days. Subdivision (E) is amended to adjust the time

for providing pre-hearing witness and exhibit lists from fourteen days to

five days, consistent with general pre-evidentiary hearing practice in Local

Rule 9070-1(C).

RULE 4001-2

AUTOMATIC STAY - CONFIRMATION OF NO STAY

If a party in interest contends the debtor is a repeat filer under § 362(c)(3) or

§ 362(c)(4), the party shall provide the following as appropriate in the circumstances for

each prior case:

(A) If prior filing was in this Court, the complete case caption, date of filing and

date of dismissal;

(B) If prior filing was in any other Court, then, in addition to the requirements

of subdivision (A), the movant shall also file relevant copies of all Court records reflecting

the information provided in subdivision (A).

Advisory Committee Notes

2020 Amendment

The amended rule includes only stylistic changes. The format of

subdivisions is changed to maintain a consistent style across all rules.

RULE 4001-3

AUTOMATIC STAY - IMPOSING OR EXTENDING

A motion to impose or extend the automatic stay under 11 U.S.C. § 362(c)(3) shall

be filed within five (5) days of the filing of the petition. The debtor shall properly serve

all interested parties simultaneously with the filing of the motion. Interested parties shall

include, but not be limited to, the U.S. Trustee, the case trustee, any co-owner of affected

property, and all lien holders of affected property.

Advisory Committee Notes

2020 Amendment

The amended rule includes only stylistic changes, including amending the

title to better parallel the titles of the other local rules applicable to

Bankruptcy Rule 4001 and making other clarifications. Note that as of the

time of the amendment, Administrative Order 15-002 provides a robust and

detailed set of requirements over and above what this Local Rule provides.

RULE 4001-4

AUTOMATIC STAY - CO-DEBTOR RELIEF FROM

(A) The movant shall file with the Motion the following as appropriate in the

circumstances:

(1) An affidavit of indebtedness;

(2) Copies of documents, including filing and recording information

necessary to establish:

(a) as between the debtor and the individual protected under 11 U.S.C. §

1301(a), such individual received the consideration for the claim held by

the movant;

(b) the plan filed by the debtor proposes not to pay such claim; or

such stay.

(3) An affidavit showing such facts as may be necessary to demonstrate the

movant’s right to relief from stay.

(B) For the purpose of this rule, the time for responding under Bankruptcy

Rules 7033, 7034 and 7036, is reduced to twenty-one (21) days unless otherwise directed

by the Court.

Advisory Committee Notes

2020 Amendment

The amended rule includes only stylistic changes. The format of

subdivisions is changed to maintain a consistent style across all rules.

RULE 4002-1

TAX RETURNS

(A) Except as otherwise provided, debtors in Chapters 7, 12, and 13 shall

provide copies of income tax returns to the trustee. The trustee is authorized to dispose

of such copies at such time and in such manner as the trustee deems appropriate. Nothing

in this rule shall prohibit or limit the trustee from requesting original documents;

provided, however, that in the event the trustee requires the debtor to turn over original

income tax return documents, the trustee shall return the originals to the debtor on the

debtor’s request.

(B) Copies of tax information provided to the trustee by the debtor are

confidential and dissemination of the tax information should be done only as appropriate

under the circumstances of the particular case. At the discretion of the Court, sanctions

may be imposed for improper use, disclosure, or dissemination of a debtor’s tax

information.

information, the requesting party must file a motion that shall include:

(1) A description of the movant’s status in the case, to allow the Court to

ascertain whether the movant may properly be given access to the required

tax information;

(2) A description of the specific tax information sought;

(3) A statement indicating that the information cannot be obtained by the

movant from any other sources;

(4) A statement showing a demonstrated need for tax information; and

(5) The name and address for mailing of confidential information.

(6) Any order granting a motion for access to tax information will be sumitted

by the movant and:

(a) must include language that the tax information obtained is confidential;

(b) may condition or prohibit movant’s dissemination of the tax

information as appropriate under the circumstances of the particular

case; and

or dissemination of the tax information.

Advisory Committee Notes

2020 Amendment

The amended rule includes both stylistic and substantive changes. The

format of subdivisions is changed to maintain a consistent style across all

rules. Subdivision (A) is amended to add an obligation that the trustee

return original tax documents and other language is converted from the

subdivision to an explanatory note. The prior note at the conclusion of the

rule is converted to new subdivision (C)(6). The general intent of this rule

is to relieve trustees of the burden of storage of documents such as tax

returns and to further relieve the trustee from any need to return

documents, except for original tax return documents as set forth in

subdivision (A), to the debtor.

RULE 4003-1

LIEN AVOIDANCE

(A) A motion to avoid a lien under 11 U.S.C. § 522(f) and Bankruptcy Rule

4003(d) may name only one creditor as respondent. A separate motion is required for

each creditor whose lien or transfer is sought to be avoided.

(B) The debtor shall serve a copy of the motion on the respondent in accordance

with Bankruptcy Rule 7004.

information, if applicable, and the property affected with legal description, as

appropriate.

(D) The respondent shall have twenty-one (21) days within which to file and

serve on the debtor a response to the motion.

(E) If a timely response is filed or the motion does not include the negative

notice legend required by Local Rule 2002-2(B)(3), the matter will be noticed for a hearing.

Advisory Committee Notes

2020 Amendment

The amended rule includes both stylistic and substantive changes. The

format of subdivisions is changed to maintain a consistent style across all

rules. Subdivision (C) is added to provide minimum requirements for lien-

avoidance motions. Subdivision (E) is amended for clarity and to reduce

redundancy with Local Rule 2002-2 and is clarified to allow for a

preliminary, non-evidentiary hearing as appropriate under the

circumstances.

RULE 4004-1

GRANT OR DENIAL OF DISCHARGE

(A) Chapter 7 Debtors. If a Chapter 7 debtor files a Certification of Completion

of Instructional Course Concerning Personal Financial Management stating that no

personal financial management course is required due to incapacity or disability as

defined in 11 U.S.C. § 109(h) or being on active duty in a military combat zone, the debtor

shall file with the Certification an affidavit that sets forth the details of the claimed

incapacity, disability, or active military duty. Such affidavit shall be sworn and notarized,

and shall be construed as being filed under penalty of perjury.

(B) Chapter 13 Debtors. In order to obtain a discharge, all Chapter 13 debtors

shall file with the Court and serve on the Chapter 13 Trustee a certification that the debtor

has paid all amounts that are required to be paid under a domestic support obligation as

required by a judicial or administrative order, or by statute, that were 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 Chapter 13 Plan. If the debtor is not required to pay any

amounts under a domestic support obligation, then the debtor shall file a certification

that so states. Chapter 13 debtors shall certify compliance with 11 U.S.C. § 1328(h) using

the following language:

(1) The debtor has not claimed an exemption under § 522(b)(3) in an amount

which exceeds the specified § 522(q) dollar amount in value in property of

the kind described in § 522(q)(1) [generally the Debtor’s homestead]; or

(2) The debtor has claimed an exemption under § 522(b)(3) in an amount which

exceeds the specified § 522(q) dollar amount in value in property of the kind

described in § 522(q)(1) but there is no pending proceeding in which the

debtor may be found guilty of a felony of a kind described in § 522(q)(1)(A)

or found liable for a debt of the kind described in § 522(q)(1)(B).

shall certify compliance with 11 U.S.C. § 1141(d)(5)(C):