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The proposed new Local Bankruptcy Rules include the following proposed
substantive changes to the existing Local Bankruptcy Rules for the United States
Bankruptcy Court for the District of Maryland. There are also additional changes of
language and style, and all interested persons are urged to review all of the proposed new
Local Bankruptcy Rules critically for content.
RULE 1007-2(a) (AMENDED) - This rule is changed to provide that unless
the Maryland Comptroller of the Treasury and the Internal Revenue Service are creditors,
they need not be listed on the matrix.
RULE 1014-1 (NEW) - This rule provides a cross-reference to the Local
Rules of the United States District Court for the District of Maryland (Local District
Rules) regarding motions for change of venue of Personal Injury Tort and Wrongful Death
Claims covered by 28 U.S.C. § 157(b)(5).
RULE 1020-1 (DELETED) - This rule on small business cases has been
deleted. It was rendered redundant by the enactment of Federal Bankruptcy Rule 1020.
RULE 2004-1 (NEW) - This rule makes the protective measures found in
Local Bankruptcy Rule 7026-1 applicable to examinations conducted pursuant to Federal
Bankruptcy Rule 2004.
RULE 2007-1 (DELETED) - This rule has been deleted. It was rendered
redundant by the enactment of Federal Bankruptcy Rule 2007.1.
RULE 2072-1 (AMENDED) - This rule has been changed in form.
RULE 2081-2 (AMENDED) - This rule has been changed in form and to provide
cross-references.
RULE 3007-1(c) (DELETED) - This rule requiring a party objecting to a
proof of claim in cases under Chapters 12 and 13 cases to attach a copy of the proof of
claim to the objection has been deleted, because the Chapters 12 and 13 trustees have been
relieved of the responsibility of maintaining the claims register.
RULE 3015-1(b) (AMENDED) - This rule has been changed to clarify the
debtor's responsibility to serve amended Chapter 13 plans upon each creditor and the
Chapter 13 trustee.
RULE 3017-1 (DELETED) - This rule has been deleted. It was rendered
redundant by the enactment of Federal Bankruptcy Rule 3017.1.
RULE 3017-2 (AMENDED) - This rule has been renumbered as Rule 3017-1.
RULE 4001-1 (SUBSTANTIALLY AMENDED) - This rule has been changed in
its entirety. Subsection (b) describes the required contents of a
motion for relief from stay. Subsection (c) describes a procedure whereby
the moving party selects the date for the hearing and serves the motion, together with the
hearing notice conforming to new Local Bankruptcy Form B. Subsection (g)
deals with the measuring period of 11 U.S.C. § 362(e) and waiver. Subsection
(h) deals with a deadline for pre-filing exhibits for motions in cases under
Chapter 11.
RULE 4003-2 (SUBSTANTIALLY AMENDED) - This rule has been substantially
amended to provide a procedure for lien avoidance actions under 11 U.S.C.
§ 522(f) similar to relief stay motions. The movant selects the hearing date and
serves a notice of hearing with the motion conforming to new Local Bankruptcy Form C.
RULE 4007-1 (AMENDED) - This rule was amended to identify as Local
Bankruptcy Form D, the financial statement required to be filed in an adversary proceeding
brought under 11 U.S.C. § 523(a)(15).
RULE 4008-1 (NEW) - This rule clarifies procedures with regard to an
attorney's compliance with the requirements of 11 U.S.C. § 523(c) by the use of
Local Bankruptcy Form E.
RULE 5003-1(c) (DELETED) - This former rule enabling the Clerk to
designate the standing trustee to maintain the claims register has been deleted.
RULE 5011-2 (NEW) - This rule has been added to provide a cross reference
to the procedures for withdrawal of a reference of proceedings to the Bankruptcy Court.
RULE 6004-1(b) (AMENDED) - This subsection has been changed in form.
RULE 6070-1(a) (AMENDED) - This subsection has been amended to provide
that "tax authorities" may not make refunds to individual debtors in cases filed
under Chapter 7 and the debtor in cases under all other chapters before thirty (30) days
have elapsed from the conclusion of the meeting of creditors held pursuant to § 341.
RULE 6070-1(c) (DELETED) - This subsection authorizing automatic relief
from the automatic stay to allow offset to certain tax authorities has been deleted.
RULE 7016-1 (MODIFIED) - This rule has been changed in form and Subsection
(b)(8) adds a requirement that the pretrial statement disclose any matter that
must be resolved before trial.
RULE 7016-1(d) (MODIFIED) - This subsection clarifies the procedure with
respect to proof of the amount of a claim or debt.
RULE 7026-1(i) (NEW) - This subsection has been added to refer
specifically to Discovery Guidelines adopted by the court. The Guidelines are now found in
Appendix C to the Local Bankruptcy Rules.
RULE 7055-1(b) (MODIFIED) - This subsection has been changed in form.
RULE 9009-1 (NEW) - This rule requires the use of the Local Bankruptcy
Forms found in Appendix A.
RULE 9013-4(e) (NEW) - This subsection has been added to impose an
obligation on a party or attorney filing a motion to review the notice of the hearing
prepared by the Clerk and to advise the Clerk of any deficiency.
RULE 9015-1 (DELETED) - This rule has been deleted. It was rendered
redundant by Federal Bankruptcy Rule 9015.
RULE 9015-1 (NEW) - This rule sets a time within which a party must file
a consent to have a jury trial conducted by a bankruptcy judge.
APPENDIX A - LOCAL BANKRUPTCY FORMS (LBF) - The following six Local
Bankruptcy Forms are proposed to be adopted and appear in Appendix A:
LBF-A - Notice of Filing of Case in Bankruptcy Court
This form was formerly Appendix E.
LBF-B - Notice of Motion for Relief from Stay and and
Hearing Thereon
This is a new form that replaces the Order Directing Course of Proceeding for motions for
relief from stay.
LBF-C - Notice of Debtor(s)' Motion to Avoid Lien Pursuant to 11
U.S.C. § 522(f) and Hearing Thereon
This is a new form that replaces the Order Directing Course of Proceeding for motions to
avoid lien.
LBF-D - Financial Statement
This form was formerly Appendix F.
LBF-E - Summary of Reaffirmation Agreement
This form was formerly Appendix C. The new form contains modifications.
LBF-F - Motion for Admission Pro Hac Vice
This form was formerly Appendix G. The new form contains modifications.
APPENDIX B - Local District Court Rules with Cross-Reference
This appendix was formerly Appendix A and now contains a cross-reference.
APPENDIX C - Discovery Guidelines
This appendix was formerly Appendix B.
APPENDIX D - Compensation Guidelines for Professionals |
