The Court and the Advisory Committee on Local Rules, Practice, and Procedures invite comment on proposed changes to the local rules to scbml_lr_comment@scb.uscourts.gov on or before November 8, 2024. The local rules were reviewed by the Judges and the Local Rules Committee. Many of the changes were not substantive in nature and included deletion of rules abrogated in prior years or reference thereto, corrections to internal references, and deletion of notes prior to 2020. Moreover, except for LBR 4003-2 and 6004-1 links to local or national forms within a rule were updated. Clean and redline versions of the rules reflecting all changes from the prior version effective as of July 1, 2024 are available for review, and noteworthy revisions are summarized below. In the absence of negative public comment and withdrawal or revision by the judges, these rules will be effective December 1, 2024.
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Rule(s) |
Proposed Change |
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2016-1(b)(3) |
Amended to (1) clarify that the attorney filing the chapter 13 petition on behalf of a debtor is deemed the responsible attorney of record as set forth in LBR 9011-1(b) (instead of stating “for all purposes”) and (2) provide that an attorney may seek reimbursement for a filing fee incurred after the filing of the case by complying with the provisions in (b)(6). |
|
5005-4(d)(4) |
Added restriction of electronic filing privileges for non-compliance with rule. |
|
5080-1 |
Paragraph (a)(2) was amended to add online payment option for non-CM/ECF participants. Paragraph (c) was added to address possible consequences for outstanding filing fees in a prior case. |
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9011-1(b) |
Modified to specify that the attorney who files the bankruptcy petition for the debtor or who files a document on behalf of a creditor shall be deemed the responsible attorney of record “in this court”. |
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9013-2(c) |
Changes were made to clarify requirements to file a notice of consented proceeding using a new CM/ECF event at least three (3) business days prior to the hearing. |
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9013-4 (Exhibit A) |
Added Motion to Modify Confirmed Subchapter V Plan to Motions/Applications approved for passive, self-scheduled hearings list. |
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9013-4 (Exhibit A) – Objections to chapter 13 plans |
Changed the “# of days for response” column for “Chapter 13 Plan and Embedded Motion” to “at least 21.” This does not change the current practice, but rather makes the response time consistent with the wording of the Bankruptcy Rules. |
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9013-4 (Exhibit B) – Motions to Reconsider |
Changed to specify that Motion to Reconsider Dismissal is approved for non-passive, self-scheduled hearings in Chapter 13 cases only. |
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9013-4 (Exhibit B) – Motions to Extend Stay |
Amended the list of parties to serve to note that, to the extent the relief sought only applies to the stay as to certain creditors, then: All cases: Debtor, UST, Trustee, affected parties, and Chapter 7: Creditors Committee Chapter 11: Creditors Committee, or, if none, 20 Largest Unsecured. Deleted requirement in “Notes” column that the affidavit or declaration consistent with 28 U.S.C. § 1746 of the movant in support be served on all parties. |
|
9075-1 |
Paragraph (a) was amended to specifically reference motions for immediate turnover as a result of amendments to Fed. R. Bankr. P. 7001(1). |
The judges would like to thank the members of the Advisory Committee on Local Rules, Practice, and Procedures for their assistance and commitment. In addition to comments submitted as indicated above, questions regarding the proposed amendments may be directed to those individuals.
Linda K. Barr
Kyle A. Brannon
Kevin T. Brown
Suzanne C. Chisolm
Phillip M. Fajgenbaum
Dawn M. Hardesty
William S. Koehler
Travis E. Menk
Vaughan R. Perry
Roger K. Pruitt
David B. Wheeler