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Local Rules Effective December 1, 2016

Mon, 11/21/2016 - 5:06pm

The Judges met and considered comments received to the proposed changes to the local rules. Upon agreement of the Judges, the following rule changes will be effective December 1, 2016: 

(1) Local Rules 7008-1, 7012-1, and 7016-1 are repealed and paragraphs (b) and (c) of Local Rule 9027-1 are removed based on the December 1, 2016 amendments to the Federal Rules of Bankruptcy Procedure addressing Stern v. Marshall.  

(2) Local Rule 3070-1(b)(1) and (2) are revised. A minor stylistic change is made to paragraph (b)(1). Paragraphs (b)(2)(A)-(C) are amended to address conduit plan cases and to simplify the attorney fee provision. Since the rule was released for comment, paragraph (b)(2)(A) was further amended to address the issue of partial payments by a debtor and the lack of a proof of claim by a mortgage creditor.  

(3) Local Rule 5075-1 is amended to add paragraph (c)(10), delegating service of the notice of hearing on a motion for exemption from a conduit mortgage payment requirement.  

(4) New Local Rules 7012-1 and 7056-1 are adopted and require a specific notice to pro se parties upon the filing of a motion to dismiss an adversary proceeding (a Rule 12(b) motion) or the filing of a motion for summary judgment. 

(5) Exhibit C to Local Rule 9013-4 is amended to permit the chapter 13 trustee to self-schedule a hearing on a Request for Mortgage Creditor Report, with a 20 day objection period. 

(6) Local Rule 9036-1 is substantially revised to require a debtor to make an election regarding DeBN (Debtor Electronic Bankruptcy Notice) at the beginning of a case.