**D.N.J. LBR 1001-1 SCOPE OF RULES**

\(a\) These rules shall be cited as the \"District of New Jersey Local
Bankruptcy Rules, D.N.J. LBR \_\_\_\_\_ (hereinafter \"Local Rules\" or
\"Rules\") of the United States Bankruptcy Court for the District of New
Jersey (hereinafter \"Court\"). These rules and the Local Civil Rules of
the United States District Court for the District of New Jersey
(hereinafter \"District Court Rules\") shall be followed insofar as they
are not inconsistent with the Bankruptcy Code (hereinafter \"Code\") and
the Federal Rules of Bankruptcy Procedure (hereinafter \"Fed. R. Bankr.
P.\"). The forms appended hereto shall be known as the Local Bankruptcy
Forms of the United States Bankruptcy Court for the District of New
Jersey (hereinafter \"Local Forms\"). The local forms shall be used in
the circumstances indicated by the titles to such forms.

\(b\) These rules shall be construed to secure the just, speedy and
inexpensive determination of cases and proceedings in the Court. The
application of these rules in any case or proceeding may be modified or
relaxed by the Court in the interests of justice.

Comment: Formerly Local Rule 1

Reference: Fed. R. Bankr. P. 9029(a) Local Bankruptcy Rules

**D.N.J. LBR 1002-1 PETITION - GENERAL**

\(a\) *Content*. In addition to the requirements of the Code, Federal
Rules of Bankruptcy Procedure and Official Forms, every voluntary and,
to the extent possible, involuntary petition shall contain the following
information:

\(1\) The correct name, complete street address, city, state, and zip
code of the debtor. The address stated on the petition shall be the
actual location of the debtor\'s residence or principal place of
business.

> \(2\) In an individual petition, the correct full first, middle, and
> last name and social security number of the debtor.
>
> \(3\) In a business petition, the employer\'s identification number of
> the debtor.
>
> \(4\) In a corporate petition, the signature of an officer or other
> authorized representative of the corporation.
>
> \(5\) In a corporate petition, a copy of the corporate resolution
> authorizing the filing.
>
> \(6\) In a partnership petition, a certification evidencing compliance
> with Fed. R. Bankr. P. 1004(a).
>
> \(7\) In a joint petition, the signature of both debtors.

\(b\) *Involuntary Petitions*. In involuntary petitions, the above
subdivisions (a) (1) through (3) apply.

Comment: Subpart (a)(1) through (a)(7) is the former Local Rule
2(b)(1)(A) through (G); Subpart (b) is the former Local Rule 2(b)(2).

Reference: 28 U.S.C.  1930(a) Bankruptcy fees; 11 U.S.C.  301
Voluntary cases; 11 U.S.C.  302 Joint Cases; 11 U.S.C.  303
Involuntary cases; Fed. R. Bankr. P. 1003 Involuntary Petition; Fed. R.
Bankr. P. 1004 Partnership Petition; Fed. R. Bankr. P. 1005 Caption of
Petition; Fed. R. Bankr. P. 1008 Verification of Petitions and
Accompanying Papers; Fed. R. Bankr. P. 9011 Signing and Verification of
Orders; Official Form 1

**D.N.J. LBR 1007-1 LISTS, SCHEDULES & STATEMENTS**

In addition to the requirements of D.N.J. LBR 1002-1(a) in a joint
petition, the assets and liabilities of each debtor shall be separately
listed and tabulated on the schedules and statements under appropriately
identified columns or entries. Joint assets and liabilities of the
debtors shall be listed and tabulated as such, under appropriately
identified columns or entries.

Comment: Formerly Local Rule 2(b)(1)(H)

Reference: 11 U.S.C  302 Joint cases; Fed. R. Bankr. P. 1008
Verification of Petitions and Accompanying Papers

**D.N.J. LBR 1007-2 MAILING - LIST OR MATRIX**

\(a\) The matrix shall consist of an alphabetized mailing list of
creditors (last name first, first name last), equity security holders,
partners and other parties in interest with complete names and
addresses, including zip codes. The matrix shall be filed with the
petition, schedules and statement of affairs. The matrix shall be
supplemented, to the extent required, by the filing of amended matrices
containing only those additions in the amended schedules.

\(b\) The matrix shall be arranged in a single column on each page with
margins of at least 1 inch using one of the following standard typefaces
or print styles:

> \(1\) Courier 10 pitch.
>
> \(2\) Prestige Elite.
>
> \(3\) Letter Gothic.

\(c\) Each name and address block shall consist of no more than 5 lines
with at least one blank line between each block. Each line shall be no
more than 40 characters in length.

\(d\) A matrix containing 50 or more parties shall be submitted in the
form of a computer diskette accompanied by a paper copy. The diskette
shall be prepared in accordance with instructions provided by the clerk.

Comment: Formerly Local Rule 2(c) (1) - (4)

Reference: Fed. R. Bankr. P. 1009 Amendments of Voluntary Petitions,
Lists, Schedules and Statements; D.N.J. LBR 1009-1

**D.N.J. LBR 1009-1 AMENDMENTS TO LISTS & SCHEDULES**

When a petition is filed with a list of creditors without complete
schedules, the schedules, when filed, must be accompanied by a separate
verified statement of changes in the list of creditors originally filed,
indicating deletions and additions. The amendment must also be in
compliance with D.N.J. LBR 1007-2.

Comment: Formerly Local Rule 2(d)

**D.N.J. LBR 1019-1 CONVERSION - PROCEDURE FOLLOWING**

\(a\) Upon conversion of a chapter 13 case to a case under chapter 7,
the chapter 13 trustee shall distribute any funds on hand to the chapter
7 trustee by check made payable to the debtor.

\(b\) Upon conversion of a chapter 13 case to a case under chapter 11,
the chapter 13 trustee shall distribute any funds on hand to the debtor
in possession or the chapter 11 trustee.

Comment: Formerly Local Rule 34

Reference: 11 U.S.C.  1307 Conversion or dismissal; Fed.R.Bankr. P.
1017(d) Dismissal or Conversion of Case; Suspension; 11 U.S.C.  704
Duties of trustees 11 U.S.C.  1106 Duties of trustee and examiner; 11
U.S.C.  1107 Rights, powers and duties of debtor in possession

**D.N.J. LBR 1073-1 ASSIGNMENT OF CASES**

> \(a\) For purposes of the division of business, the Court shall be
> divided into three units known as \"vicinages,\" which shall consist
> of the counties served by such units in the three federal Courthouses
> in this District.
>
> The Newark vicinage consists of Bergen, Essex, Hudson, Morris,
> Passaic, Sussex and part of Union County (the townships of Union,
> Elizabeth, Springfield and Hillside).
>
> The Trenton vicinage consists of part of Burlington (except for the
> townships of Cinnaminson, Delran, Edgewater Park, Evesham (Marlton),
> Maple Shade, Moorestown, Mount Laurel, Palmyra, Riverside and
> Riverton), Hunterdon, Mercer, Middlesex, Monmouth, Ocean, Somerset,
> and part of Union (except the townships of Union, Elizabeth,
> Springfield and Hillside) and Warren counties.
>
> The Camden vicinage consists of Atlantic, part of Burlington (the
> townships of Cinnaminson, Delran, Edgewater Park, Evesham (Marlton),
> Maple Shade, Moorestown, Mount Laurel, Palmyra, Riverside and
> Riverton), Camden, Cape May, Cumberland, Gloucester and Salem
> counties.
>
> \(b\) A petition commencing a case shall be filed in the vicinage in
> which the debtor resides if the debtor is an individual, or in which
> the debtor has its principal place of business within the District if
> the debtor is an entity other than an individual. The address stated
> on the petition shall be the actual location of the debtor\'s
> residence or principal place of business.
>
> \(c\) All papers in a case shall be filed in the vicinage in which the
> case is pending.
>
> \(d\) If the petition commencing a case states in writing that the
> case is related to another case which has been or is being filed in
> the same vicinage, the clerk shall assign the case to the judge to
> whom the lowest numbered related case has been assigned. All other
> case assignments shall be made by the random draw method used by the
> Court.
>
> \(e\) An application to transfer a case from one judge to another, or
> from one vicinage to another, shall be made to the judge to whom the
> case has been assigned. The application shall be on notice to the
> debtor, any trustee, any secured creditors, and any official
> committees.
>
> \(f\) If a case is dismissed, and, within 180 days of such dismissal,
> another bankruptcy case is filed as to the same debtor, the subsequent
> case shall be assigned to the same judge to whom the prior case was
> assigned.
>
> Comments: Formerly Local Rule 9
>
> Reference: Fed.R.Bankr. P. 5005 Filing and Transmittal of Papers
>
> **D.N.J.LBR 2004-1 DEPOSITIONS & EXAMINATION**
>
> \(a\) If a party from whom an examination or document production is
> sought under Fed. R. Bankr. P. 2004 agrees to appear for examination
> or to produce documents voluntarily, no subpoena or Court order is
> required.
>
> \(b\) Any party in interest seeking to compel an examination or
> production of documents shall serve a subpoena pursuant to Fed. R.
> Bankr. P. 2004(c) without filing a motion or obtaining an order
> authorizing such examination or document production.
>
> \(c\) A subpoena pursuant to subdivision (b) shall not set the
> examination or document production for less than 14 days after service
> of the subpoena except by agreement of the deponent.
>
> \(d\) Upon motion of the deponent or any party in interest, the Court
> may quash or modify a subpoena pursuant to subdivision (b) for cause
> shown. The filing of such a motion prior to the date set for
> examination or document production shall stay the subpoena until the
> Court rules on the motion.
>
> \(e\) If a deponent fails or refuses to comply with a subpoena served
> pursuant to subdivision (b) and has not filed a motion pursuant to
> subdivision (d), the party who obtained the subpoena may file a motion
> to hold the deponent in contempt pursuant to Fed. R. Bankr. P. 9016
> and Fed. R. Civ. P. 45(e), and for an order directing such examination
> or document production under Fed. R. Bankr. P. 2004(a).
>
> Comment: Formerly Local Rule 16
>
> Reference: Fed.R.Bankr.P. 2005 Apprehension and Removal of Debtor to
> Compel Attendance for Examination; Fed.R.Bankr.P. 4002 Duties of
> Debtor; Fed.R.Bankr.P. 9001(5) General Definitions
>
> **D.N.J. LBR 2014-1 EMPLOYMENT OF PROFESSIONALS**
>
> \(a\) *General Requirements*. In addition to the requirements of Fed.
> R. Bankr. P. 2014, an application for an order approving employment of
> a professional person shall be served upon the debtor, the trustee,
> the secured creditors, the official committees, and parties requesting
> notice of all proceedings. Any objection to such application shall be
> filed and served within 5 days of service of the application. A
> hearing may be conducted on the objection in the Court\'s discretion.
>
> \(b\) *Auctioneer Requirements*.
>
> \(1\) In addition to the requirements of Fed. R. Bankr. P. 2014, an
> application for employment of an auctioneer shall contain the
> following:
>
> \(A\) the applicant\'s qualifications and previous experience as an
> auctioneer;
>
> \(B\) a statement as to whether the auctioneer or its principals have
> ever been convicted of any criminal offense, other than motor vehicle
> violations;
>
> \(C\) a description of the property to be sold and the location.
>
> \(2\) The application shall be accompanied by a surety bond in favor
> of the United States of America in an amount at least equal to the
> anticipated sale proceeds or proof as to the existence of an adequate
> blanket bond. The surety bond shall be conditioned upon the faithful
> and prompt performance of the auctioneer\'s duties and the accounting
> for all monies and property which may come into the auctioneer\'s
> possession, control or custody and for compliance with rules, orders
> and judgments of the Court. The auctioneer shall certify that the bond
> is presently in effect, and will remain in effect through turnover of
> the auction proceeds.
>
> Comment: Subpart (a) is former Local Rule 6; subpart (b) (1) and (2)
> is former Local Rule 7(a) and (b)
>
> Reference: 11 U.S.C.  327 Employment of professional persons; 11
> U.S.C.  1103 (a) Powers and duties of committees; D.N.J. LBR 2016-1,
> 6004-1, 6005-1
>
> **D.N.J. LBR 2016-1 COMPENSATION OF PROFESSIONALS**
>
> \(a\) Except as provided in subdivisions (f) and (g), the statement of
> services rendered and itemization of expenses in an application for
> fees or expenses shall contain:
>
> \(1\) A copy of the order of retention or authorization.
>
> \(2\) The dates of services rendered.
>
> \(3\) The services rendered on each date and the identity of the
> person rendering the service.
>
> \(4\) The time spent in the rendering of each service. Computer time
> sheets showing the time units used may be attached to the application.
>
> \(5\) The normal billing rate for each person.
>
> \(6\) At the end of the application, a total of the time spent by each
> individual performing services.
>
> \(7\) A list of actual, not estimated, expenses.
>
> \(8\) For attorneys and accountants seeking allowance of fees in
> excess of \$10,000, except as provided in subdivision (g), a summary
> on Local Form No. 3 or 4.
>
> \(9\) A narrative explanation of the nature of the work performed and
> the results achieved.
>
> \(b\) Appraisers shall include in the application the value of the
> appraised assets.
>
> \(c\) An auctioneer shall be allowed those expenses approved by the
> Court and, in addition, commissions on net proceeds of sale, not to
> exceed: 10% of the first \$50,000; 7% of the next \$50,000; 5% of the
> next \$50,000; and 3% of all amounts above \$150,000.
>
> \(d\) No Court appearances shall be required on applications by
> trustees, examiners and professional persons for commissions, fees and
> expenses, unless an objection is filed and served.
>
> \(e\) A copy of each application for allowances shall be served on the
> United States Trustee at the time of filing.
>
> \(f\) A trustee seeking commissions in excess of \$10,000 shall comply
> with all requirements of subdivision (a) of this Rule, except
> subdivision (a)(8). A trustee seeking commissions in an amount less
> than \$10,000 is exempt from the requirements of subdivisions (a)(2),
> (3), (4), (5), (6) and (8).
>
> \(g\) A professional retained on a contingency basis is exempt from
> the requirements of subdivisions (a)(2), (3), (4), (5), (6) and (8).
>
> \(h\) Objections to applications for allowance shall be filed and
> served no less than 7 days prior to the scheduled hearing date.
>
> \(i\) *Chapter 11.* All applications for allowance of fees and
> expenses shall be filed within 90 days after entry of a final order
> confirming a plan, or such fees and expenses shall be deemed to be
> waived.
>
> \(j\) *Chapter 13.* If the fee of the attorney for the debtor
> disclosed pursuant to Fed. R. Bankr. P. 2016(b) exceeds \$1,500.00,
> the attorney for the debtor shall file and serve on the chapter 13
> trustee and the debtor an application for allowances not less than 7
> days before the confirmation hearing. Any supplemental applications
> shall be filed in accordance with this rule and shall be served upon
> the debtor and the chapter 13 trustee. The application shall contain a
> statement of services rendered and itemization of expenses including
> those set forth in (a)(2), (3), (4), (5), and (7) of this rule. The
> Court may rule upon the application at the time of the confirmation
> hearing or after notice and hearing.

Comment: Subparts (a) and (b), and (d) through (h) are former Local Rule
8(a) through (g); subpart (c) is former Local Rule 7(c); subpart (i) is
the former Local Rule 25(c); subpart (j) is former Local Rule 33.

Reference: 11 U.S.C.  327 Employment of professional persons; 11 U.S.C.
 328 Limitation on compensation of professional persons; 11 U.S.C. 
330 Compensation of officers; 11 U.S.C.  504 Sharing of compensation;
Fed. R. Bankr. P. 2013 Public Record of Compensation Awarded to
Trustees, Examiners, and Professionals; Fed. R. Bankr.P. 2014 Employment
of Professional Persons; D.N.J. LBR 2016-1, 6004-1, 6005-1

**D.N.J. LBR 2090-1 ATTORNEYS - ADMISSION TO PRACTICE**

\(a\) The bar of this Court shall consist of any attorney admitted to
practice before the United States District Court for the District of New
Jersey.

\(b\) Attorneys may seek admission pro hac vice by application on 5 days
notice to the debtor, any committee, the United States Trustee, and any
other party as the Court may direct.

Comment: Formerly Local Rule 10, as amended

Reference: D.N.J. L.Civ.R. 101.1 Admission of Attorneys

**D.N.J. LBR 3003-1 FILING PROOF OF CLAIM OR EQUITY SECURITY INTEREST
IN**

**CHAPTER 11 REORGANIZATION CASES**

\(a\) A proof of claim or interest required under Fed.R.Bankr.P.
3003(c)(2) shall be filed within 90 days after the first date set for
the meeting of creditors called pursuant to  341(a) of the Code.

\(b\) A proof of claim arising from rejection of executory contracts or
unexpired leases shall be filed within the later of:

> \(1\) 30 days after the date of rejection; or
>
> \(2\) 90 days after the first date set for the meeting of creditors
> called pursuant to  341(a).

Comment: Formerly Local Rule 26

Reference: 11 U.S.C.  365 Executory contracts and unexpired leases; 11
U.S.C.  501 Filing of proofs of claim or interests; Fed. R. Bankr.P.
3001 Proof of Claim; Fed. R. Bankr.P. 3002 Filing Proof of Claim or
Interest

**D.N.J. LBR 3007-1 CLAIMS - OBJECTIONS**

\(a\) All motions with respect to chapter 11 claims shall be filed
within 60 days after confirmation.

\(b\) All motions with respect to chapter 13 claims shall be filed
within 60 days after the later of confirmation of the plan or the filing
of the claim or amended claim.

Comment: Subpart (a) was formerly Local Rule 24(c); subpart (b) was
formerly Local Rule 32.

Reference: 11 U.S.C.  502(b) Allowance of claims or interests;
Fed.R.Bankr.P. 3008 Reconsideration of Claims

**D.N.J. LBR 3011-1 UNCLAIMED FUNDS**

Unclaimed distributions shall be deposited into the Registry without
court order. The deposit shall be accompanied by a list of the payees
and the amounts. All other deposits and all withdrawals shall require
court order. Such orders shall specify the amount deposited or withdrawn
and shall state the name, address and tax identification number of any
entity to which funds are paid.

Comment: Formerly Local Rule 12(b)

Reference: D.N.J. LBR 7067-1

**D.N.J. LBR 3015-1 CHAPTER 13 PLAN**

> A summary of the chapter 13 plan on Local Form 8 shall be filed with
> each plan by the debtor.

Comment: Formerly Local Rule 30

Reference: 11 U.S.C.  1321 Filing of plan; 11 U.S.C.  1322 Contents of
plan; D.N.J. LBR 3015-2

**D.N.J. LBR 3015-2 CHAPTER 13 AMENDMENTS TO PLAN**

\(a\) A modification of a plan filed before confirmation which does not
adversely affect creditors will be considered by the Court at the
confirmation hearing scheduled for the original plan, if the
modification is filed and served on the chapter 13 trustee at least 3
days before the confirmation hearing.

\(b\) A modification of a plan which adversely affects creditors
requires notice pursuant to Fed. R. Bankr. P. 2002(b).

\(c\) If a plan is modified, the entire plan shall be refiled and shall
indicate in its title which modified plan is being filed, such as
\"First Modified Plan.\"

Comment: Formerly Local Rule 31

Reference: 11 U.S.C.  1323 Modification of plan before confirmation; 11
U.S.C.  1324 Confirmation hearing; D.N.J. LBR 3015-1

**D.N.J. LBR 3015-3 CHAPTER 13 CONFIRMATION**

The attorney for a debtor, or a pro se debtor, shall appear at the
confirmation hearing. The debtor is not required to appear if
represented by an attorney.

Comment: Formerly Local Rule 35

Reference: 11 U.S.C.  1324 Confirmation hearing; 11 U.S.C.  1325
Confirmation of plan

**D.N.J. LBR 3016-1 CHAPTER 11 PLAN**

\(a\) *Effective Date*. Unless a plan provides otherwise, its effective
date shall be the date on which the order of confirmation becomes final.

\(b\) *Format of Plan*. In addition to the requirements of  1123 of the
Code, a plan shall contain:

> \(1\) A title indicating whether the plan is one of reorganization or
> liquidation.
>
> \(2\) A table of contents.
>
> \(3\) Definitions.
>
> \(4\) Clearly numbered articles or sections.
>
> \(5\) A signature of the proponent and the date thereof.

Comment: Formerly Local Rule 20.

Reference: 11 U.S.C.  1128 Confirmation hearing; D.N.J. LBR 3016-2,
3018-2.

**D.N.J. LBR 3016-2 DISCLOSURE STATEMENT - GENERAL**

\(a\) A plan proponent shall review all claims prior to filing a
disclosure statement and plan.

\(b\) A disclosure statement shall state the number and amount of claims
of each class to which the proponent intends to object.

\(c\) If a chapter 11 disclosure statement or plan is modified, the
entire modified disclosure statement or plan shall be refiled and shall
indicate in its title its relationship to the original disclosure
statement or plan and any previous modification, such as \"First
Modified Plan of Reorganization.\"

Comment: Subparts (a) and (b) formerly Local Rule 24(a) and (b). Subpart
(c) formerly Local Rule 21. Former Local Rule 24(c) has been renumbered
under D.N.J. LBR 3007-1.

Reference: 11 U.S.C.  1125 Postpetition disclosure and solicitation;
Fed.R.Bankr.P. 3019 Modification of Accepted Plan Before Confirmation in
a Chapter 9 Municipality or a Chapter 11 Reorganization Case; D.N.J. LBR
3016-1

**D.N.J. LBR 3018-2 ACCEPTANCE/REJECTION OF PLANS**

At or before the chapter 11 confirmation hearing, the plan proponent
shall file a certification of balloting summarizing both the numbers and
amounts of acceptances and rejections in each class.

Comment: Formerly Local Rule 22

Reference: 11 U.S.C.  1126 Acceptance of plan

**D.N.J. LBR 3021-1 DISTRIBUTION - UNDER PLAN (Ch. 11)**

\(a\) If a plan provides for distribution of property but does not
designate a disbursing agent, the Court may designate a disbursing
agent. The terms of any compensation to a disbursing agent shall be set
forth in the plan or the order of the Court that directs the appointment
of the disbursing agent.

\(b\) The disbursing agent shall maintain funds for distribution to
creditors and equity holders in a special account established for the
exclusive purpose of making such distribution and shall make
disbursements from such account only by check imprinted with the case
name and the disbursing agent\'s name.

\(c\) If the plan requires the disbursing agent to maintain funds for
more than 30 days, those funds shall be held in interest‑bearing
accounts or certificates, and interest earned shall inure to the benefit
of creditors and equity holders, unless otherwise directed by the Court.

\(d\) Within 60 days after the initial distribution under any plan, the
disbursing agent shall file and serve on the debtor, the plan proponent
if other than the debtor, any official committee, and other parties as
the Court may direct, a report of initial distribution utilizing Local
Form 7. The disbursing agent shall serve reports of any subsequent
distributions on the parties named above. These subsequent reports shall
not be filed.

\(e\) Unless the plan provides otherwise, the time period for return of
unclaimed security, money, or other property in accordance with  347(b)
of the Code shall be 90 days from the date of distribution.

Comment: Formerly Local Rule 23

Reference: 11 U.S.C.  1123 Contents of plan; Fed.R.Bankr.P. 3020(a)
Deposit; Confirmation of Plan in a Chapter 9 Municipality or a Chapter
11 Reorganization Case

**D.N.J. LBR 3022-1 FINAL REPORT/DECREE (Ch. 11)**

\(a\) The clerk shall close a chapter 11 case 180 days after entry of a
final order confirming a plan.

\(b\) On motion of a party in interest filed and served within the time
period set forth in subsection (a) above, the Court may for cause extend
the time for closing the case.

Comment: Formerly Local Rule 25(a) and (b)

Reference: 11 U.S.C.  350 Closing and reopening cases

**D.N.J. LBR 4001-1 AUTOMATIC STAY - RELIEF FROM**

\(a\) Court appearances are required on all motions relating to the
automatic stay in chapter 13 cases.

\(b\) In addition to the requirements of D.N.J. LBR 9013-1 through
9013-3, every motion for relief from the automatic stay shall be
accompanied by a certification or affidavit and supporting exhibits
which shall contain the following:

> \(1\) Copies of all documents upon which the movant will rely at the
> time of the hearing including, where applicable, all notes, bonds,
> recorded mortgages with the stamped dates of recordation, security
> agreements, filed financing statements with the stamped dates of
> filing, and assignments.
>
> \(2\) Where applicable, a statement of amount due, including a
> breakdown of the following categories:
>
> \(A\) Unpaid principal.
>
> \(B\) Accrued interest from a specific date.
>
> \(C\) Late charges from a specific date to a specific date.
>
> \(D\) Attorneys\' fees.
>
> \(E\) Advances for taxes, insurance and the like.
>
> \(F\) Unearned interest.
>
> \(G\) Per diem interest.
>
> \(H\) Any other charges.
>
> \(I\) Total post-petition arrearages.
>
> \(J\) Date of last payment.

\(c\) Any appraisals shall be filed and served with the moving and
answering papers.

\(d\) Failure to oppose a request for adjournment of a hearing on a
motion for relief from the automatic stay shall be deemed to be consent
to continuation of the automatic stay until the new hearing date without
a Court order under  362(e) of the Code.

\(e\) Notwithstanding D.N.J. LBR 9013-1(j)(1), a consent order in lieu
of a motion under Code  362(d) in a chapter 11 case can be filed
without the written consent of the 20 largest unsecured creditors if no
committee of unsecured creditors has been appointed. In such event, the
20 largest unsecured creditors shall be served with the application and
consent order and shall have 5 days to file and serve an objection. If a
committee of unsecured creditors has been appointed, its written consent
must be affixed to a consent order in lieu of a motion under Code 
362(d).

Comment: Subparts (a) through (d) are former Local Rule 3 (i) (1)-(4).
Subpart (e) is new and is derived from former Local Rule 3(k)(2).

Reference: 11 U.S.C.  361 Adequate protection

**D.N.J. LBR 5005-2 FILING PAPERS - NUMBER OF COPIES**

The number of copies of the petition, statement of financial affairs and
schedules required for filing are as follows:

chapter 7 ‑ original and 4

> chapter 9 ‑ original and 6

chapter 11 ‑ original and 6

chapter 12 ‑ original and 4

chapter 13 ‑ original and 4

Comment: Formerly Local Rule 2(b)(3)

**D.N.J. LBR 5005-3 FILING PAPERS - SIZE OF PAPERS**

All petitions, pleadings, schedules and other papers shall be of
standard letter size (8‑1/2 x 11 inches).

Comment: Formerly part of Local Rule 2(a)(1)

**D.N.J. LBR 5011-1 WITHDRAWAL OF REFERENCE**

A motion for withdrawal of the reference of a case or proceeding shall
be filed in the bankruptcy court in the form and manner prescribed by
Local Civil Rules 5.1, 7.1, 10.1, 11.1 and 78.1 of the District Court
Rules. All such motions are then to be immediately transmitted to the
district court.

Comment: Formerly Local Rule 14.

Reference: 28 U.S.C.  157 Procedures; Fed.R.Bankr.P. 5005(c) Filing and
Transmittal of Papers

**D.N.J. LBR 5071-1 CONTINUANCE**

\(a\) An adjournment request shall be made no later than 3 days before
the hearing date. Before requesting an adjournment, the requesting party
shall attempt to obtain the consent of the other parties and inform the
Court of their position, including the reasons for any opposition.

\(b\) If a request cannot be presented to the Court within the time
period provided in (a), the parties shall appear on the hearing date.
The adjournment request will be considered at that time.

Comment: Formerly Local Rule 11

Reference: Fed. R. Bankr.P. 9006(a) Time

**D.N.J. LBR 6004-1 SALE OF ESTATE PROPERTY**

The trustee, debtor in possession, or an authorized representative shall
attend and monitor the bidding process at all auctions of estate
property.

Comment: Formerly Local Rule 7(f)

Reference: 11 U.S.C.  345 Money of estates; 11 U.S.C  363 Use, sale or
lease of property; D.N.J. LBR 2016-1, 6005-1

**D.N.J. LBR 6005-1 APPRAISERS & AUCTIONEERS**

\(a\) No auctioneer shall be directly or indirectly interested in the
sale or purchase of any of the assets or property of the estate being
administered.

\(b\) In all sales at public auction the personal property shall first
be offered in bulk. After the bidding in bulk is completed, the property
shall be offered for sale in lots set forth in the original lotting and
selling sheets. Copies of lotting and selling sheets shall be available
for prospective purchasers the day of the sale.

\(c\) Upon completion of the sale, the auctioneer shall deliver to the
trustee or debtor in possession all cash or its equivalent received from
the sale and the original selling or lotting sheets. The auctioneer
shall be liable for the collection and payment of the proceeds of sale.
The original selling sheets shall contain an itemized statement of the
property offered for sale, the names and addresses of the bulk bidders
and the amounts of the bids, the name and address of the highest bidder
for each lot, the price bid or received for each lot and the total
amount bid or received for all lots.

\(d\) No property shall be delivered to the successful bidder until
payment of the balance of the bid price. All funds collected by the
auctioneer on the date of delivery shall be promptly remitted to the
trustee or debtor in possession, together with a list setting forth the
amount of each payment and from whom such payment was received.

\(e\) A successful bidder shall deposit with the auctioneer the required
percentage deposit as announced before the sale. All deposits and final
payments shall be made in cash, certified check or bank check. The terms
of sale shall be announced by the trustee or auctioneer before the sale.
All advertisements shall specify the conditions, including the monetary
terms of the sale.

Comment: Formerly Local Rule 7(d), (e), (g), (h), and (i)

Reference: D.N.J. LBR 2016-1, 6004-1

**D.N.J. LBR 6007-1 ABANDONMENT**

A trustee or debtor in possession seeking approval to abandon property
of the estate may file a Notice of Intent to Abandon on Local Form No. 5
or 6. The clerk shall send notice in accordance with Fed. R. Bankr. P.
6007 of the proposed abandonment.

Comment: Formerly Local Rule 15

Reference: 11 U.S.C.  554 Abandonment of property of the estate

**D.N.J. LBR 7001-1 ADVERSARY PROCEEDINGS - GENERAL**

A party or attorney filing a complaint or third party complaint shall
prepare a summons and notice of pretrial conference conforming to Form
B250B of the Director of the Administrative Office as authorized by Fed.
R. Bankr. P. 9009 and shall deliver the complaint and summons to the
clerk for the issuance of the summons and notice of pretrial conference.

Comment: Formerly Local Rule 2(e)(1)

Reference: Fed. R. Civ. P. 4 Summons; Fed. R. Civ. P. 16 Pretrial
Conferences, Scheduling, Management; Fed. R. Bankr.P. 7004 Process,
Service of Summons, Complaint; Fed. R. Bankr.P. 7016 Pretrial Procedure;
Formulating Issues

**D.N.J. LBR 7003-1 COVER SHEET**

Each complaint shall have attached an official bankruptcy cover sheet,
Form B‑104, which shall be provided by the clerk on request.

Comment: Formerly Local Rule 2(e)(2)

**D.N.J. LBR 7026-1 DISCOVERY- GENERAL**

The provisions of Local Civil Rules 26.1 and 37.1 of the District Court
Rules may be applied in adversary proceedings in the discretion of the
Court.

Comment: Formerly Local Rule 5

**D.N.J. LBR 7067-1 REGISTRY FUND**

\(a\) Registry funds maintained pursuant to 28 U.S.C.  2041 shall
include, but shall not be limited to:

> \(1\) Unclaimed distributions in chapter 7, 12 or 13 cases remaining
> unpaid 90 days after the final distribution.
>
> \(2\) Monies to be held in escrow pending resolution of a particular
> dispute before the Court.

\(b\) Unclaimed distributions shall be deposited into the Registry
without court order. The deposit shall be accompanied by a list of the
payees and the amounts. All other deposits and all withdrawals shall
require court order. Such orders shall specify the amount deposited or
withdrawn and shall state the name, address and tax identification
number of any entity to which funds are paid.

\(c\) An order requiring the deposit of funds shall be served personally
by the movant upon the clerk, chief deputy clerk, deputy‑in‑charge, or
chief financial deputy. The movant shall also verify that the clerk has
deposited the funds.

\(d\) In accordance with 28 U.S.C.  1930(b) and 56 F.R. 56356, the
Clerk shall collect a fee of 10% of all income earned on funds in the
Registry when the funds total less than \$100,000,000. On amounts
exceeding \$100,000,000, the 10% fee shall be reduced by one percent for
each increment of \$50,000,000 over the initial \$100,000,000. The fee
will be collected in pro rata amounts prior to ordered disbursements.
The amount collected at any such time shall be 10% of that proportion of
total accrued interest which equals the claimant\'s proportion of
principal in the account.

Comment: Formerly Local Rule 12

Reference: 11 U.S.C.  347(a) Unclaimed property; Fed.R.Bankr.P. 3011
Unclaimed Funds in a Chapter 7 Liquidation, Chapter 12 Family Farmers
Debt, and Chapter 13 Individuals Debt Adjustment Cases

**D.N.J. LBR 8006-1 DESIGNATION OF RECORD - APPEAL**

If an appellant fails to timely file the designation and statement
required by Fed. R. Bankr. P. 8006, the clerk shall file a certification
of such failure with the clerk of the District Court and serve same upon
all parties to the appeal.

Comment: Formerly Local Rule 13

Reference: Fed.R.App.P. 16 Appeal in Bankruptcy Case from a Final
Judgment, Order or Decree of a District Court or a Bankruptcy Appellate
Panel; Fed.R.Bankr.P. 8007 Completion and Transmittal of Record;
Docketing of the Appeal

**D.N.J. LBR 9004-1 PAPERS - REQUIREMENTS OF FORM**

All petitions, pleadings, schedules and other papers shall be fastened
at the top and legibly typewritten, printed or reproduced. The papers
shall be of standard weight and shall have an upper margin of not less
than 1‑1/2 inches.

Comment: Formerly Local Rule 2(a)(1)

**D.N.J. LBR 9004-2 CAPTION - PAPERS, GENERAL**

\(a\) All papers, including motions, complaints, orders, judgments,
letters, and briefs shall set forth a caption, and the title shall
include a specific reference to the subject of the paper and shall state
the hearing date as follows: \"Hearing Date: , 19\_\_.\"

\(b\) All papers shall set forth the case number, chapter, initials of
judge assigned and, when applicable, the adversary proceeding number. In
the case of motions, the notice of motion and any answering papers shall
state below the hearing date either \"oral argument requested\" or
\"oral argument waived.\"

\(c\) All pleadings commencing with the original petition shall contain
in the top left margin the typewritten or printed name, address,
telephone number, the initials of the first and last names and the last
4 digits of the social security number of the attorney of record for the
filing party, and the identity of the party represented, or, if a party
is appearing pro se, the typewritten or printed name, address and
telephone number of such party.

Comment: Formerly Local Rule 2(a)(2), (3), and (4)

**D.N.J. LBR 9013-1 MOTION PRACTICE**

\(a\) *General Provisions*. An application to the Court for an order
requiring notice and opportunity for hearing shall be by motion. Every
motion shall state the time and place returnable, the grounds upon which
it is made, and the nature of the relief sought. A motion shall be
deemed uncontested unless responsive papers are timely filed in
accordance with subdivision (d). A proposed form of order shall
accompany the moving papers, except as provided in D.N.J. LBR 9072-1(b).

\(b\) *Scheduling*. An application by motion except in a chapter 13 case
shall be made returnable on a regular motion day before the judge to
whom the case has been assigned. The regular motion day shall be Monday
for all three vicinages. A motion in a chapter 13 case shall be made
returnable on a date assigned by the Court. A motion not timely filed
pursuant to subdivision (c) will be scheduled for the next motion day.

\(c\) *Time and Place of Filing*. All moving papers shall be filed in
the vicinage of the case. Such papers shall be filed and served at least
20 days before the return date, except as provided in Fed. R. Bankr. P.
3007.

\(d\) *Responsive Papers; Cross‑Motions*. All answering papers and
cross‑motions shall be filed and served at least 7 days before the
return date. All cross‑motions shall be deemed contested. No motion
shall be designated as a cross‑motion unless it is related to the
original motion.

\(e\) *Orders Shortening Time*. An application under Fed. R. Bankr. P.
9006(c) for an order shortening time for hearing on a motion shall be
submitted with the moving papers in a form substantially the same as
Local Forms 1 and 2. Use of orders to show cause shall be limited to
adversary proceedings in accordance with D.N.J. LBR 9075-1.

\(f\) *Oral Argument*. Unless a party requests oral argument or the
Court otherwise directs, all motions shall be decided on the papers. All
parties must state their intentions regarding oral argument in the
moving or answering papers.

\(g\) *Telephone Conference*. The Court, on its own motion or on a
party\'s request, may direct argument of any motion by telephone
conference without Court appearance. A verbatim record shall be made of
all such telephone arguments.

\(h\) *Motion for Reconsideration*. A motion for reconsideration shall
be filed within 10 days of the filing of the Court\'s order or judgment
on the original motion. The motion shall be filed with a memorandum
setting forth concisely the matters or controlling decisions which the
movant believes constitute cause for reconsideration. A timely motion
for reconsideration shall be deemed to be a motion under Fed. R. Bankr.
P. 8002(b).

\(i\) *Testimony*. Unless the Court authorizes or directs otherwise
prior to the return date, no testimony shall be taken on a motion except
by certification or affidavit under Fed. R. Civ. P. 43(e) and Fed. R.
Bankr. P. 9017. Notwithstanding the foregoing, live testimony may be
taken on a motion under Code  363(c) or  364 without prior
authorization from the Court.

\(j\) *Consent Order in Lieu of Motion*.

> \(1\) Requests to the Court for an order on which all parties who are
> entitled to notice have affixed their written consent may be presented
> by application without motion or hearing. The application shall
> explain the grounds for entry of the order.
>
> \(2\) Notwithstanding subsection (j) (1) of this rule, a consent order
> in lieu of a motion under Code  363(e) in a chapter 11 case can be
> filed without the written consent of the 20 largest unsecured
> creditors if no committee of unsecured creditors has been appointed.
> In such event, the 20 largest unsecured creditors shall be served with
> the application and consent order and shall have 5 days to file and
> serve an objection. If a committee of unsecured creditors has been
> appointed, its written consent must be affixed to a consent order in
> lieu of a motion under Code  363(e).

\(k\) *Duty to Confer*. If a motion is contested, the movant shall
confer with the respondent prior to the hearing to determine whether a
consent order may be entered disposing of the motion, or, in the
alternative, to stipulate the resolution of as many issues as possible.

\(l\) *Duty to Report Settlement or Withdrawal*. If a motion is settled
or withdrawn, the movant shall inform the Court immediately by
telephone, and send written confirmation promptly thereafter.

Comment: Formerly Local Rule 3(a) through (h), and (j) through (m).

Reference: Fed. R. Bankr. P. 5005 Filing and Transmittal of Papers; Fed.
R. Bankr. P. 9006 Time; Fed. R. Bankr. P. 9014 Contested Matters

**D.N.J. LBR 9013-2 BRIEFS & MEMORANDA OF LAW**

All moving papers, answering papers, and cross-motions shall include a
brief, or a statement that no brief is necessary and the reasons
therefor. The brief shall be a separate document, not attached to the
moving papers, answering papers, or cross-motion and shall note the
return date on its cover.

Comment: This rule is new and is derived from Local Rule 3(c) and (d).

**D.N.J. LBR 9013-3 CERTIFICATE OF SERVICE-MOTIONS**

All moving papers, answering papers, and cross-motions shall include a
certificate of service.

Comment: This rule is new and is derived from Local Rule 3(c) and (d).

Reference: Fed. R. Civ. P. 5 Service and Filing of Pleadings and Other
Papers; Fed. R. Bankr. P. 7005 Service and Filing of Pleadings and Other
Papers

**D.N.J. LBR 9019-2 ALTERNATIVE DISPUTE RESOLUTION (ADR)**

\(a\) Register of Mediators.

> \(1\) The clerk shall maintain a register of eligible individuals who
> wish to serve as mediators.
>
> \(2\) An individual may be eligible for appointment to the register
> upon the filing of an application for appointment to the register
> demonstrating the qualifications of the individual as mediator and
> satisfactory completion of such training as may be required from time
> to time by the Court.
>
> \(3\) The register of eligible mediators shall be reviewed and
> approved by the Court periodically and shall be posted by the clerk in
> each vicinage.

\(b\) Compensation of Mediators.

> \(1\) Mediators shall be compensated at the rate of one hundred fifty
> (\$150.00) dollars per hour, unless otherwise ordered by the Court.
>
> \(2\) In the event that the parties to mediation and the mediator
> agree on an hourly rate in excess of or less than one hundred fifty
> (\$150.00) dollars, the order of referral for mediation shall indicate
> the agreed hourly rate of the mediator, if in the opinion of the Court
> such rate is reasonable.
>
> \(3\) The parties shall share the charges of the mediator equally,
> unless otherwise provided in the order allowing the mediator\'s
> compensation.
>
> \(4\) A mediator seeking compensation shall comply with the
> requirements of D.N.J. LBR 2016-1(a).
>
> \(5\) A copy of the mediator\'s application for compensation shall be
> served on each party to the mediation.

\(c\) Referral to Mediation.

> \(1\) An adversary proceeding or contested matter may be referred to
> mediation either by joint request of the parties or by the Court at a
> status conference or other hearing.
>
> \(2\) Where the parties consent to mediation, they shall file an
> application and consent order, as allowed by D.N.J. LBR 9013-1(j),
> requesting referral to mediation and designating a mutually acceptable
> mediator and alternate selected from the current register. If the
> parties are unable to agree on a mediator and alternate, the
> application shall request selection by the Court from the current
> register.
>
> \(3\) Where mediation is directed by the Court, on its own motion, the
> parties shall confer and attempt to designate a mutually acceptable
> mediator and alternate from the current register. If the parties
> cannot agree, the Court shall appoint a mediator and alternate.

\(d\) Mediation Procedure.

> \(1\) *Conflicts*. Within 5 days of receipt of the referral order, the
> mediator shall determine whether he or she is disqualified.
> Disqualification shall include, but not be limited to, acting as
> trustee in the case or in the case of an insider or affiliate of the
> debtor. If the mediator determines that he or she is disqualified, the
> mediator shall promptly file a notice of disqualification, serving
> copies on the parties and the alternate, and the alternate shall
> become the mediator.
>
> \(2\) *Time and Place*. The mediator shall fix a time and place for
> the mediation conferences which are reasonably convenient for the
> parties and shall serve written notice of the initial conference at
> least 15 days before the return date. The conference shall be
> commenced as early as practicable, and in any event not more than 45
> days following the entry of the referral order. Upon consent of all
> parties, the mediator may adjourn the conference and inform the Court,
> in writing, of the need for adjournment and the new date(s) .
>
> \(3\) *Information Statement*. Each party shall prepare an information
> statement which shall contain the following:
>
> \(A\) A copy of the pleading setting forth the party\'s cause of
> action or defense;
>
> \(B\) A list of all witnesses upon which the party would rely at
> trial, and a summary of their expected testimony;
>
> \(C\) Copies of the principal exhibits upon which the party would rely
> at trial; and
>
> \(D\) A statement, not exceeding 3 pages, of the principal rules of
> law upon which the party relies.
>
> Where an exhibit is voluminous, a *summary* may be provided. The
> submission of a *summary* of expected testimony shall constitute a
> certification by the attorney that he or she, or other counsel of
> record for the party, has personally spoken with the witness or has
> reviewed a written statement of the witness, deposition transcript, or
> interrogatory answers signed by the witness, and believes in good
> faith that the witness will testify substantially in conformity with
> the *summary*.
>
> The information statement shall be served on the mediator and all
> parties at least 7 calendar days before the initial conference. The
> information statement shall not be filed, shall not be construed as a
> pleading, shall not satisfy any discovery obligation, and shall not
> limit the evidence the parties may use at trial, if mediation does not
> result in settlement. No responsive or supplemental statements shall
> be permitted.
>
> \(4\) *Attendance by Attorneys*. The attorney with primary
> responsibility for representation in the proceeding or matter to be
> mediated shall personally attend the conference(s). Attorneys shall be
> prepared to discuss in detail and in good faith the following:
>
> \(A\) All liability issues;
>
> \(B\) All damages issues; and
>
> \(C\) Authorized parameters for settlement.
>
> \(5\) *Attendance by Parties*. An individual party who resides within
> the vicinage of the case shall personally attend the mediation
> conference(s) unless excused by the mediator for cause. A party, other
> than an individual, whose principal place of business is located in
> the vicinage of the case shall attend the mediation conference(s)
> through a representative with authority to negotiate. All other
> parties shall be available for consultation with their attorneys and
> the mediator by telephone.
>
> \(6\) *Caucus*. The mediator shall decide which parties and/or
> attorneys shall be present, and the nature of any caucus sessions.
>
> \(7\) *Failure to Attend*. A party\'s willful failure to attend the
> mediation conference(s) shall be reported to the Court by the mediator
> and may result in the imposition of sanctions by the Court.
>
> \(8\) *Privilege*. All proceedings or writings of the mediation
> conference, including the information statement, mediator\'s
> settlement recommendation, and any statement made by any party,
> attorney or other participant, shall in all respects be privileged and
> not reported, recorded, placed in evidence, communicated to the Court
> or jury, where applicable, or construed for any purpose as an
> admission against interest.
>
> \(9\) *Settlement Recommendations*. The mediator may, but need not,
> make oral or written recommendations for settlement. Attorneys shall
> confer with their parties to review the mediator\'s recommendations
> and to determine whether a consent order or stipulation may be entered
> disposing of the adversary proceeding or contested matter or resolving
> as many issues as possible.

\(e\) Completion of Mediation. Upon completion of the mediation
conference(s), the mediator shall inform the Court, in writing, whether
the parties have reached agreement to settle the adversary proceeding or
contested matter. If settlement has been reached, the mediator shall
direct the preparation of a consent order or stipulation containing the
terms of settlement, which shall be filed.

Comment: Formerly Local Rule 17

**D.N.J. LBR 9072-1 ORDERS - PROPOSED**

\(a\) Any order or judgment must be a separate document. The title of an
order or judgment shall identify the nature of the relief granted.

\(b\) The Court may approve standard forms of order and judgment
pursuant to Fed. R. Bankr. P. 9021. When a decision by the Court is
identical to that provided in any such standard form of order or
judgment, and includes no additional relief or ruling, the clerk shall
prepare, sign and enter an order or judgment on the appropriate form as
directed by the Court. Where use of a standard form of order or judgment
is required under this subdivision, there shall be no substitution for,
or modification or supplementation of such form without the express
consent of the Court.

\(c\) Except as provided in subdivision (b), if the ruling on a motion
or application differs from that reflected in any proposed orders which
have been submitted, the prevailing party or applicant shall file and
serve a revised form of order within 5 days of the Court\'s decision. If
the prevailing party or applicant fails to do so, any other party may
file and serve such form of order.

\(d\) If all parties consent to the form of an order submitted under
subdivision (c), the correspondence transmitting such order shall so
state in bold face or upper case type, and such order shall be signed
and entered forthwith. In all other cases under subdivision (c), all
parties served with such order shall have 5 days to file and serve an
objection and alternative form of order. A hearing may be conducted on
the objection in the Courts discretion.

Comment: Formerly Local Rule 4

Reference: D.N.J. LBR 4001-1(d) Automatic Stay - Relief From; Fed. R.
Bankr. P. 9022 Notice of Judgment or Order

**D.N.J. LBR 9075-1 EMERGENCY ORDERS**

Use of orders to show cause shall be limited to adversary proceedings in
which immediate injunctive relief is requested.

Comment: Formerly part of Local Rule 3(e).

Reference: Fed. R. Bankr. P. 7001 Scope of Rules of Part VII