Following a period of comment, Operating Order 08-07, implementing the Guidelines for the Filing of Documents, has been entered providing a January 1, 2009 effective date. Since the original December 8, 2008 posting, the Court received comments and made additional clarification points to the signatory and retention sections contained within the Guidelines. A revised CM/ECF registration form will be posted on the Court’s website for new CM/ECF Participants. Existing Participants are deemed to have consented to and accepted the provisions of the Guidelines; therefore, a new registration form is not required.

The Court is pleased to post Operating Order 08-06, the Guidelines for the Filing of Documents, for public comment. The Guidelines have been revised for consistency, clarity, and brevity. Substantive modifications include removal of the requirement to submit the Declaration of Electronic Filing and incorporation of the representations, formerly made in the Declaration, into the Guidelines. The Guidelines also include provisions relating to Reduced Paper Module (see June 23, 2008 announcement); clarification of admission and pro hac vice requirements; revision of notice and service provisions; and new sections on signatory and retention requirements. Please provide comments to scbc_guidelines_review@scb.uscourts.gov by no later than Monday, December 22, 2008. The anticipated effective date of the new Guidelines is January 1, 2009.

Thanks to Michael Cox and Eddie McDonnell for volunteering for the November Ask-A-Lawyer program. The next Ask-A-Lawyer sessions are planned for December 30 and January 29. If you are able to volunteer for the December session, please e-mail Jeff Davis at scbcaskalawyer@scb.uscourts.gov.

The United States Bankruptcy Court posts these Local Rules for comment in anticipation of an effective date of December 1, 2008 and in conjunction with amendments to the Federal Rules of Bankruptcy Procedure. Comments should be submitted to scbc_lr_review@scb.uscourts.gov by no later than Thursday, November 20, 2008. The Judges and Clerk wish to thank the Local Rules Committee for their review and submissions made.

The final version of the Rules will contain explanatory notes appended to each Rule highlighting final changes made. While abrogations and re-numbering are indicated in the draft version of the Local Rules, the final version will not contain such references.

The primary change to the Local Rules removes the Interim Rules adopted by this Court in October 2005. The Interim Rules, as modified through the federal rulemaking process, will be superceded by the rule amendments and new rules that will take effect on December 1, 2008, with the exception of Interim Rule 5012 (Communication and Cooperation with Foreign Courts and Foreign Representatives (proposed Local Rule 5012-1). As previously noticed, further information on the pending amendments can be found on the Judiciary’s Federal Rulemaking site at http://www.uscourts.gov/rules. Other Local Rule changes include renumbering of Rules pursuant to Federal Rule of Bankruptcy Procedure 9029(a) and Judicial Conference prescribed numbering conventions, stylistic changes, and deletions of unnecessary or duplicative references. Substantive changes were made as well, including the addition of a new Form Plan, drafted with the assistance of the Chapter 13 Working Group, for use as provided in proposed Local Rule 3015-1. The Form Plan is recommended for use as soon as practicable following the effective date.

In order to assist the bar in its review, click here for a table of renumbered rules as well as a brief description of certain primary modifications to date. The prior version of the Rules will remain posted for a period following the effective date.