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New and Amended Operating Orders

Fri, 11/30/2007 - 4:00am

Order Setting Procedures for Approval of Attorney’s Fees in Chapter 13 Cases (Operating Order 07-12): The Judges are pleased to have considered and finalized an order that establishes an expedited procedure for approval of attorneys’ fees in chapter 13 cases effective January 1, 2008. Revisions to the Chapter 13 Form Plan were also necessary to implement the new procedure. The Judges would like to thank the numerous groups from which input was received: the Court’s Advisory Committee, the Chapter 13 Attorneys Working Group, the consumer debtors’ attorneys email group, and the Chapter 13 Trustees. The Court, with the assistance of the chapter 13 trustees, plans to sponsor training sessions to assist with implementation of the Order in the future.

Local Rule 4001-4 (Operating Order 07-13): As a result of the amendment to Federal Rule of Bankruptcy Procedure 4001(d) effective December 1, 2007, revisions to the form agreement relating to Rule 4001(d) (Exhibit A to Local Rule 4001-4) are necessary. Revised Exhibit A shall become the mandatory form effective December 1, 2007.

Returned Mail (Amended Operating Order 07-03): In order to continue to address the volume of returned mail received by the Court, Operating Order 07-03 has been amended. The amendment provides that in instances of cases that are or soon will be closed, or cases that have been reopened, the Clerk’s Office will no longer delete or correct such address. The attorney for the debtor should continue to ensure the accuracy of the list of creditors and mailing matrix, and continue to review and submit any needed address changes or deletions of creditors to the mailing matrix upon the filing of a motion to reopen a case.