TABLE OF CONTENTS Page PART I. COMMENCEMENT OF CASE; PROCEEDINGS RELATING TO PETITION AND ORDER FOR RELIEF 1 Rule 1001-1 Scope of Rules 1 Rule 1002-1 Commencement of Case 3 Rule 1003-1 of Order for Relief on Involuntary Petition 4 Rule 1006-1 Filing Fees 5 Rule 1007-1 Lists, Schedules and Statements 6 Rule 1007-2 List of Creditors/Mailing Matrix 7 Rule 1009-1 Notice by Chapter 7, Chapter 12 or Chapter 13 Debtor to Creditors Not Scheduled to Meeting of Creditors 8 Rule 1009-2 Notice of Amendment of Schedules in Chapter 11 Cases 9 Rule 1014-1 Transfer of Cases or Adversary Proceedings to Another District 10 Rule 1015-1 Administration of Cases Pending in the Same Court 11 Rule 1017-1 Petition Deficiencies 12 Rule 1017-2 Dismissal of Chapter 11 Case 13 Rule 1017-3 Closing of by Substantive Consolidation. 14 PART II. OFFICERS AND ADMINISTRATION; NOTICES; MEETINGS; EXAMINATIONS; ELECTIONS; ATTORNEYS AND ACCOUNTANTS 15 Rule 2002-1 Notices to Creditors, Equity Security Holders, United States and United States Trustee 15 Rule 2003-1 Submission of Interrogatories in Lieu of Live Testimony at Meetings Conducted 11 U.S.C. § 341 in Chapter 7 and Chapter 13 Cases 21 Rule 2004-1 Rule 2004 Examinations 22 Rule 2011-1 Certification of Debtor-in-Possession Status or Trustee Qualification 24 Rule 2014-1 Employment of Professional Persons 25 Rule 2015-2 Debtor-in-Possession Bank Accounts in Chapter 11 Cases 26 trial
(E) Servicers/mortgagees shall attach a statement to a formal notice of payment change outlining all postpetition contractual costs and fees not previously approved by the court and due and owing since the prior escrow analysis or date of filing, whichever is later. This statement need not contain fees, costs, charges and expenses that are awarded or approved by the Bankruptcy Court order. In absence of any objection or challenge to such fees, the Debtor shall take appropriate steps to cause such fees to be paid as authorized by mortgage holder's note, security agreement and state law; (F) Servicers/mortgagees monitor postpetition payments. If the mortgage is paid postpetition current, then the servicers/mortgagees shall not seek to recover late fees. No late fees shall be recovered or demanded for systemic delay but shall be limited to actual debtor default; (G) Prepetition payments shall be tracked as applied to prepetition arrears and postpetition payments shall be tracked as applied to postpetition ongoing mortgage payments; (H) Servicers/mortgagees shall file a notice and reason of any payment change with the court and provide same to the debtor; (I) Servicers/mortgagees are required, at annually, to file with the Court a notice of any protective advances made in reference to a mortgage claim, such as non-escrow insurance premiums or taxes. Such notice shall be provided to the debtors and filed with the Court; (J) If appropriate, servicers/mortgagees should review the Trustee's website or NDC (National Data Center) to reconcile any payment discrepancies with their system prior to the filing of a Motion for Relief from Stay; (K) Servicers/mortgagees shall clearly identify, in their proofs of claim, if the loan is an escrowed or non-escrowed loan and break out the trial
the document which cites it or shall otherwise be provided to the Court. (b) Contents of Briefs. If briefs are required, the following format shall apply: (i) Opening and Answering Briefs. The opening and answering briefs shall contain the following under distinctive titles, in the listed order: (A) A table of contents setting forth the page number of each section, including all headings, designated in the body of the brief; (B) A table of citations of cases, statutes, rules, textbooks and other authorities, alphabetically arranged. If a brief does not contain any citations therein, a statement asserting this fact should be placed under this heading; (C) A statement of the nature and of the proceeding; (D) A summary of argument stating in separate numbered paragraphs the legal propositions upon which each side relies; (E) A concise statement of facts, with supporting references to appendices or record, presenting succinctly the background of the questions involved. The statement shall include a concise statement of all facts that should be known in order to determine the points in controversy. The answering counter-statement of facts need not repeat facts recited in the opening brief; (F) An argument divided under appropriate headings distinctly setting forth separate points; and (G) A short conclusion stating the precise relief sought. (ii) Briefs. The party filing the opening brief shall not reserve material for the reply brief that should have been included in a full and fair opening brief. There shall not be repetition of materials contained in the opening brief. A table of contents
(iii) Status Information. For each motion, the agenda shall provide whether the matter is going forward, whether a continuance is requested (and any opposition to the continuance, if known), whether any or all of the objections have been resolved and any other pertinent status information. (c) Adversary Proceedings. When an adversary proceeding is scheduled, the agenda shall indicate the adversary proceeding number in addition to the information required by Local Rule 9029-3(b). (d) Hearing Binders. The agenda shall be submitted to the respective Judge's chambers in a hearing binder containing copies of all documents relevant to matters scheduled to be considered by the Court at such hearing. Hearing binders shall contain only the substantive documents necessary for the hearing (i.e., motions and responses) and shall not contain documents related to continued or resolved matters. Certificates of service shall not be included in the hearing binder unless adequacy of service is an issue to be considered by the Court. (e) Amended Agenda. Where an amended agenda is necessary, the amended agenda shall (in bold print) note any material changes in the status of any agenda matter. Rule 9033-1 Transmittal to the District Court of Proposed Findings of Fact and Conclusions of Law . The Clerk will transmit to the District Court the proposed findings of fact and conclusions of law filed pursuant to Fed. R. Bankr. P. 9033 upon the expiration of time for filing objections and any response thereto. Rule 9036-1 Electronic Transmission of Court Notices; Use of Technology in the Courtroom . (a) Court Notices. To eliminate redundant paper notices, all registered electronic filing participants will receive notices required to be sent by the Clerk via electronic transmission only. No notices from the Clerk's Office will