Below is a summary of the changes, effective 2/1/13, to the New Hampshire Bankruptcy Court's Local Rules, Forms and Administrative Orders, as prepared by the Bankruptcy Court:
UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW
HAMPSHIRE
Public Notice 13-1
FROM: Jennifer A. Hayes, Clerk
SUBJECT:
Local Bankruptcy Rules, Interim Bankruptcy Rules,
Administrative Orders, and
Local Bankruptcy Forms
DATE: January 18, 2013
The Court has adopted new
Local Bankruptcy Rules (LBRs), Interim
Bankruptcy Rules (IBRs),
Administrative Orders (AOs), and Local Bankruptcy
Forms (LBFs), repealing all
prior versions, effective February 1, 2013.
The Rules, Administrative Orders,
and Forms are available for review and
download on the Court’s website at www.nhb.uscourts.gov. A red-lined copy
is
also available. The Clerk’s Office will issue a notice when bound copies
of the
Rules, Administrative Orders, and Forms become available.
The
Court has also issued a Summary of Significant Changes which lists
many, but
not all, of the changes to the LBRs, AOs, and LBFs. This summary is
also
available on the Court’s website.
UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW
HAMPSHIRE
SUMMARY OF SIGNIFICANT CHANGES IN THE LOCAL BANKRUPTCY
RULES,ADMINISTRATIVE ORDERS AND LOCAL FORMS EFFECTIVE
FEBRUARY 1, 2013
After review by the rules advisory committee, public comment, and
internal review, the
court has issued amended local bankruptcy rules,
administrative orders and local bankruptcy forms effective February 1, 2013.
Many of the amendments and additions were made to provide for consistent
language and procedures throughout the local rules, incorporate former
administrative orders into the local rules, and to remove obsolete or unused
provisions. This summary is intended to highlight many of the significant
changes in the local rules. However, it does not list all changes, and all
readers are encouraged to review the full text of the amended local rules, and
the redlined version showing all changes, both of which are available on the
court’s web site at www.nhb.uscourts.gov.
Local Bankruptcy Rules
LBR 1002-1 Petition - General: Many items in the former rule have
been eliminated to simplify the new rule and eliminate duplication of
requirements in other rules.
LBR 1006-1 Fees - Installment Payments: Amended to provide for 3
additional payments after an initial payment, rather than 3 equal
payments.
LBR 1007-1 Lists, Schedules and Statements: The sequence for
documents filed in relation to a bankruptcy petition has been changed to reflect
current practice. Amended LBR 1007-1(k) on extensions of time to file schedules
and statements to reflect court policies regarding extensions in relation to the
§ 341 meeting of creditors.
LBR 1007-6 Filing of Educational Individual Retirement Accounts
Pursuant to 11 U.S.C. § 521(c): Implementing the requirements of § 521(c) of
the Bankruptcy Code while preserving the privacy of individual identifying
information.
LBR 1009-1 Amendments to Petitions, Lists, Schedules and Statements: Amended LBR 1009-1(b)(6) through (b)(8) to reflect changes in the procedural
requirements for amendments to schedules I and J. See also LBF 1009-1A. The
amended rule involves other changes.
LBR 1017-2 Dismissal or Suspension - Case or Proceedings: Deleted
former LBR 1017-2(b) to reflect current practice.
LBR 2015-2 Chapter 11 - Filing Monthly Operating Reports: A new
local bankruptcy rule which reflects long-standing policies and procedures
regarding monthly operating reports in Ch. 11 cases.
LBR 2016-2 Contingent Hearings on Compensation of
Professional Persons: Former AO 2016-2 has been eliminated and incorporated
into the local rules permitting contingent hearings in specific situations
specified in the new rule.
LBR 2083-2 Chapter 13 — Proof of Value of Real Estate; Proof
of Insurance: Requires debtor to provide proof of value of real estate, and
other documents 7 days prior to §341 meeting.
LBR 2090-2 Disciplinary Rules and Procedures: This rule has
been amended to incorporate the local disciplinary rules of the United States
District Court for the District of New Hampshire, LR 83.5, by reference, rather than at length.
LBR 3012-1 Motions to Determine Secured Status and Void Wholly
Unsecured Liens: This new local rule replaces former AO 3012-1, which has
been eliminated. The new rule requires the use of the specified local form for
proposed orders and contingent notices of hearing. See LBF
3012-1A.
LBR 3015-3 Chapter 13 - Confirmation
LBR 3015-4 Chapter 13 - Modification of Plan After
Confirmation: Amended to require use of the appropriate local form for
contingent notice of hearing. See also the revised form of chapter 13 plan
at LBF 3015-1A.
LBR 4001-1 Automatic Stay - Relief from: The provisions of
former AO 4001-1 requiring
worksheets to be filed with certain motions for
relief has been eliminated and the requirement has been incorporated into the
local rule at LBR 4001-1(h).
LBR 4001-2 Cash Collateral: Former AO 4001-2 regarding
hearings on initial and subsequent requests for use of cash collateral has been
eliminated and the procedures incorporated into LBR 4001-2(f).
LBR 4001-4 Motion to Incur Additional Debt to Acquire Motor
Vehicle in Chapter 13: This new local rule and new LBF 4001-4 provide a
simplified procedure for chapter 13 debtors to request approval to incur debt to
acquire a motor vehicle.
LBR 4002-1 Debtor - Duties: New subsection (c) has
been added to the rule at the request of the advisory committee to clarify that
paper copies must be brought to the § 341 meeting.
LBR 5010-1 Reopening Cases: The rule has been amended to
reflect the verified
motion/affidavit under the decision in In re Corbett,
425 B.R. 51 (Bankr. D.N.H. 2010).
LBR 7003-1 Cover Sheet: The amended rule includes a provision
requiring that the complete names and addresses of all parties be included with
the adversary proceeding cover sheet.
LBR 7016-3 Final Pretrial Conferences: LBR 7016-3(b) has been
amended to require the attendance of counsel and all unrepresented parties at
a final pretrial conference.
LBR 7055-1 Default Judgment: The local rule has been amended
to reflect current policy and procedure for obtaining a default
judgment.
LBR 7102 Motion Content: The requirement in former LBR
7102(a)(2) to include the date and time of the hearing in the caption of all
pleadings has been eliminated and replaced by a new requirement for notices of
hearing in LBR 7104. The requirement for a memorandum in former LBR 7102(b)(2) and the requirement to certify attempts to obtain
concurrence in former LBR 7102(d) have been eliminated.
LBR 7103 Certificate of Service - Motions: LBR 7103(a) has
been amended to clarify the requirements for a certificate of service for all
pleadings. LBR 7103(e) has been added to specify the sanction for failure to
comply with the rule.
LBR 7104 Notice of Hearing: This new rule specifies the
required content for a notice of
hearing. These new requirements have
replaced the requirements in former LBR 7102(a)(2) and LBR 9004-1 to include the
date and time of the hearing in the caption of the pleading.
LBR 9004-1 Pleadings and Documents - Requirements of Form:
Former LBR 9004-1(a) regarding the caption for pleadings and documents has
been eliminated and replaced with requirements for notices of hearing in LBR
7104.
LBR 9004-2 Caption - Pleadings/Documents, General: The form of
the caption in contested matters required by former LBR 9004-1(b) has been
eliminated. The requirements for captions in consolidated/jointly administered
cases in former LBR 9004-2(c) has been replaced by LBR 9004-2(b) to reflect
current court procedure.
LBR 9011-2 Pro Se Parties: The rule has been amended to
clarify that trusts, limited liability companies and unincorporated associations
may not appear pro se.
LBR 9019-1 Settlements: The rule has been amended to require
counsel to appear in court to state the terms of a settlement on the record,
when a motion to approve a settlement and a proposed order have not been filed
by the date of the scheduled hearing, unless the court orders
otherwise.
LBR 9037-1 Redaction of Personal Identifiers: This new rule
reflects current procedures regarding motion to redact or restrict access to
documents in open and closed cases and references LBF 9037-1A and LBF
9037-1B, the new forms of orders to be used.
4 LBR 9072-1 Orders - Proposed: Former LBR 9072-1(c)
specifying requirement for proposed orders approving settlements has been
eliminated.
Administrative Orders
AO 2016-1 Fee and Expense Guidelines: AO
2016-1(a)(1) has been amended to clarify that in a chapter 13 case the entire
unpaid balance of the “no look” fee may be paid during the first twelve months
of the plan. AO 2016-1(a)(2) has been added to provide that in a chapter 13
case approved fees in addition to the “no look” fee, plus the amount of any
unpaid “no look” fee, up to $3,500 may be paid during the first twelve months of
the plan.
AO 2016-2 Hearings on Compensation of Professional Persons:
Eliminated and replaced by new LBR 2016-2.
AO 3012-1 Motions to Determine Secured Status and Void Wholly Unsecured
Liens:
Eliminated and replaced by new LBR 3012-1.
AO 3022-2 Chapter 11 - Motion to Administratively Close Individual
Chapter 11 Cases: A new administrative order which reflects current court
procedures to administratively close individual chapter 11 cases post
confirmation.
AO 4001-1 Automatic Stay - Worksheets in Support: Eliminated and replaced
by new LBR 4001-1(h).
AO 4001-2 Cash Collateral Hearings: Eliminated and replaced by new LBR
4001-2(f).
AO 5005-4 Electronic Filing: Provisions on registration, issuance of
passwords and service by electronic means have been amended to reflect current
practices and procedures. AO 5005-4(d)(3) has been amended to reflect the
elimination of the former two forms for declarations which have been replaced by
one form, new LBF 5005-4, for all purposes.
AO 7008-1 Adversary Proceedings - Pleadings
AO 7012-1 Adversary Proceedings - Defenses and
Objections
AO 9027-1 Removal
AO 9033-1 Proposed Findings of Fact and Conclusions of Law: Four new
administrative orders which will require the parties to raise, and the court
to address, any constitutional jurisdiction issues after the decision in
Stern v. Marshall, 131 S.Ct. 2594 (2011), pending future amendments to the
Federal Rules of Bankruptcy Procedure.5
Local Bankruptcy Forms
The text of many of the local bankruptcy forms
contains prompts in brackets, such as [name of lien holder here], which are
intended to assist persons using such forms in completing them properly. Such
prompts are not be included in any document or proposed order filed with the court. The court’s web site contains copies of the local forms in Word Perfect
and Microsoft Word formats.
LBF 1009-1A Amendment Cover Sheet: Amended to conform with the new
requirements under LBR 1009-1 for amendments to schedules I and
J.
LBF 1009-1B Notice to Additional Creditors: The form has been amended to
clarify the determination of deadlines.
LBF 1017-2 Affidavit for Payment of Fees: Eliminated as
unnecessary.
LBF 2083-3 Chapter 13 Monthly Operating Report: Eliminate an erroneous
column in the “Summary of Unpaid Post-Petition
Debts.”
LBF 3012-1A Oder Granting Motion to Determine Secured Status and Void
Wholly Unsecured Lien: The words “after notice and a hearing” have been
deleted due to the use of contingent notices.
LBF 3015-1A Chapter 13 Plan: Various amendments requested by the rules
advisory committee.
LBF 3017-1A Notice of Hearing on Adequacy of (Amended) Disclosure
Statement Dated LBF 3017-1B Order Approving Disclosure Statement: Former LBF 3017-1 has been renumbered as LBF 3017-1A. LBF 3017-1B is a new local form of order for
approval of disclosure statements.
LBF 4001- 4 Ex Parte Motion to Incur Additional Debt: A new local form in
connection with new LBR 4001-4.
LBF 4003-2C Order Granting Motion to Avoid Lien Pursuant to 11 U.S.C. §
522(f)(2): A new form requiring recording information for the lien to be
avoided.
LBF 5005-4A Declaration Regarding Electronic Filing For Petitions,
Schedules and Amendments to Schedules
LBF 5005-4B Declaration Regarding Electronic Filing for Documents Other
Than Petitions, Schedules and Amendments to Schedules: These two forms have
been eliminated and replaced with one form of declaration at LBF
5005-4.6
LBF 5005-4 Declaration Regarding Electronic Filing: A new form that
replaces both former LBF 5005-4A and LBF 5005-4B. See also the amendments to AO
5005-4.
LBF 9037-1A Order Granting Motion to Restrict Access to Proof of Claim In a
Closed Case: A new form which implements the court’s procedures for motions
under Federal Rule of Bankruptcy Procedure 9037 to restrict access to a proof of
claim in a closed case.
LBF 9037-1B Order Granting Motion to Strike Proof of Claim: A new form for
use with motions under Federal Rule of Bankruptcy Procedure 9037 to strike a
proof of claim in an open case.
