Guide to Rules, Proceedings and Hearings Per Local Rule 2002-1 U.S. Bankruptcy Court District of North Dakota
Type of Proceeding Rule
Code §
Pleadings to be filed Motion Notice Proof of Service
Notice
Notice sent to Whom? Parties in interest(1)
Filing Fee (If Applicable) $150.00
Compel Abandonment, Request by Party in Interest
6007(b)
554(b)
15 days to object
Abandonment, 6007(a) Request by Trustee or Debtor in Possession (Chapter 11) Abstention 5011
554(a)
Notice of Intent Proof of Service
15 days to object
All creditors(2)
305
Motion Notice Proof of Service
15 days to object
Parties in interest(1)
Access to Tax Documents
4002
521
Motion Notice Proof of Service
15 days to object
Parties in interest(1)
Access to Documents
107(c)(2)
Motion Proof of Service
May be filed Ex Parte
Adequate Protection
4001
361
Motion Notice Proof of Service
15 days to object
Parties in interest plus 20 largest unsecured creditors if no committee was appointed, Rule 4001(d)(1)(1) Parties in interest(1) $255.00
Administrative Expenses Appeal 8001 8002 8004
503
Application Notice Proof of Service
20 days to object
Title 28 § 158
Notice Notice must Parties in (official form 17) be filed interest(1) within 10 days of entry of judgment, order or decree
Appointment, Consumer Privacy Ombudsman
332 363
Motion Notice Proof of Service
15 days to object
Parties in interest(1)
Appointment, Interim 2001 Trustee in Involuntary Case
Motion Notice Proof of Service
15 days to object
Parties in interest(1)
Assume or Reject
6006
365
Motion Notice Proof of Service
15 days to object
Parties in interest(1)
Automatic Stay, Confirm Termination or Absence
362(j)
Motion Notice Proof of Service
15 days to object
Parties in interest(1)
Automatic Stay, Extend
362(c)(3)(B) Motion Notice Proof of Service
15 days to object
Parties in interest(1)
Automatic Stay, Impose
362(c)(4)
Motion Notice Proof of Service
15 days to object
Parties in interest(1)
Automatic Stay, Lift
4001(a)(1) 362
Motion Notice Proof of Service
15 days to object
Parties in interest(1)
$150.00
Avoid Lien
4003(d)
522(f)
Motion Notice Proof of Service
15 days to object
Parties in interest(1)
Avoid Lien re Household Goods
4003
522(f)
Motion Notice Proof of Service
15 days to object
Parties in interest(1)
Cash Collateral, Use of
4001(b)
363
Motion Notice Proof of Service
15 days to object
Parties in interest plus 20 largest unsecured creditors if no committee was appointed, Rule 4001(b)(1)(1)
Claim, Objection to
3007
502
Objection Proof of Service
Scheduled for Parties in Hearing interest(1)
Compel
Motion Notice Proof of Service
15 days to object
Parties in interest(1)
Compensation
2002(a)(6) 330 2016 331 328
Application Itemization Notice Proof of Service
20 days to object, Rule 2002(a)(6)
All creditors if the amount requested is over $1,000.00, Rule 2002(a)(6)(2) If under $1,000,
Parties in interest(1)
Compensation (Chapter 13 PreConfirmation)
2002(a)(6) 330 2016 331 328
Noticed through plan. Plan must specify total fees paid. Noticed through plan. Plan must specify total fees paid. Application Itemization Notice Proof of Service
25-day notice All creditors, of Plan Rule 2002(b) Confirmation (2) hearing, Rule 2002(b) 20 days, Rule All creditors, 2002(a)(5) Rule 2002(a)(5) (2)
Compensation (Chapter 13 PostConfirmation Modification Fees $500.00 or less)
2002(a)(6) 330 2016 331 328
Compensation 2002(a)(6) 330 (Chapter 13 Post 2016 331 Confirmation 328 Modification Fees Greater than $500 up to $1000) Compensation (Chapter 13 PostConfirmation Modification Fees Over $1,000) Compromise or Settlement 2002(a)(6) 330 2016 331 328
20 days to object, Rule 2002(a)(6)
Parties in interest (1)
Application Itemization Notice Proof of Service Motion Notice Proof of Service
20 days to object, Rule 2002(a)(6)
All creditors 2002(a)(6) (2)
2002(a)(3) 9019
20 days to object, Rule 2002(a)(3) 20 days to object
All creditors, Rule 2002(a)(3)(2) All creditors(2)
Consolidation
1015
302
Motion Notice Proof of Service Motion Proof of Service
Contempt
9020
105
May be Parties in scheduled for interest(1) hearing
Conversion, Request by Debtor
- Chapter 7
1017(f)
706(a)
Motion and Order No notice required but courtesies should be observed
$15.00 to convert a chapter 11 to a chapter 7 $25.00 to convert a chapter 13 to a chapter 7 $60.00 to convert a chapter 12 to a chapter 7
- Chapter 11
1017(f)
1112(a)
Motion and Order No notice required but courtesies should be observed
$755.00 for chapter 7 to convert to chapter 11 $800.00 to convert a chapter 12 to a chapter 11
- Chapter 12
1017(f)
1208(a)
Notice of Conversion or Motion
No notice required but courtesies should be observed
- Chapter 13
1017(f)
1307(a)
Notice of Conversion or Motion
No notice required but courtesies should be observed
$765.00 for chapter 13 to convert to chapter 11 $35.00 for chapter 12 to convert to chapter 13
Conversion, Request by Party in Interest - Chapter 7 1017(f) 706(b) 2002(a)(4) 1017(f) 1112(b) 2002(a)(4) 1017(f) 1208(d) 2002(a)(4) 1017(f) 1307(c) Motion, Notice and Proof of Service Motion, Notice and Proof of Service Motion, Notice and Proof of Service Motion, Notice and Proof of Service Motion Notice Proof of Service 20 days to object, Rule 2002 (a) (4) 20 days to object, Rule 2002 (a) (4) 20 days to object, Rule 2002 (a) (4) 20 days to object 15 days to object All creditors, $15.00 to convert to Rule 2002(a)(4)(2) chapter 7 All creditors, Rule 2002(a)(4)(2) All creditors, Rule 2002(a)(4)(2) Parties in interest(1) Parties in interest(1)
- Chapter 11
- Chapter 12
- Chapter 13
Credit Counseling, Exemption from
109(h)(4)
Credit Counseling, Extend Time
109(h)(3)
Motion Proof of Service
No notice required but courtesies should be observed
Parties in interest(1)
Credit, Request to Obtain
4001(c)
364
Motion Notice Proof of Service
15 days to object
Parties in interest plus 20 largest unsecured creditors if no committee was appointed, Rule 4001(c)(1) Parties in interest(1)
Damages, Creditor Misconduct
524(i) 707(b)(5)
Motion Notice Proof of Service
15 days to object
Declaratory Judgment 7001(9) (constitutes an adversary proceeding)
Variable
Complaint Cover Sheet (if case not filed electronically)
$250.00(3)
Default Judgment
7055
Motion Proof of Service
Court will take matter under advisement
Parties in interest(1)
Discharge, Delay Entry of
4004(c) 2
No Notice of the Motion is required 1228(b) 1328(b) Motion
Parties in interest(1) Court to enter All creditors, order and Rule 2002 notice for service $250.00(3)
Discharge, Hardship 4007(d) 2002
Discharge, Objections 4004(a) to (constitutes an 7001(4) adversary proceeding) Dischargeability, Objection to (constitutes an adversary 4007(c) 7001(6)
727(a)
Complaint Cover Sheet (if case not filed electronically) Complaint Cover Sheet (if case not filed electronically)
523(c)
$250.00(3)
proceeding)
Disclosure Statement, 2002(b) Approval of 3017 Disclosure Statement, 3016(b) Modification
1125
Disclosure Statement Motion Notice Disclosure Statement Proof of Service Motion
25-day notice of hearing, Rule 2002(b) 20 days to object
1125
Dismiss, Duplicate Case
No notice required but courtesies should be observed
Dismissal, Request by Debtor
-Chapter 7
1017(a) 2002(a)(4)
Motion Notion
20 days to object, Rule 2002(a)(4)
All creditors, Rule 2002(a)(4)(2)
-Chapter 11
1017(a) 2002(a)(4) 1208(b)
Motion Notice
20 days to object, Rule 2002(a)(4)
All creditors, Rule 2002(a)(4)(2)
-Chapter 12 (no previous conversion)
Motion and Order No notice required but courtesies should be observed Motion and Order No notice required but courtesies should be observed
-Chapter 13 (no previous conversion)
1307(b)
-Chapter 12 1017(f) 1208(c) (previous conversion) 2002(a)(4)
Motion, Notice and Proof of Service
20 days to object, Rule 2002(a)(4)
All creditors, Rule 2002(a)(4)(2)
-Chapter 13 1017(f) (previous conversion)
1307(c)
Motion, Notice and Proof of Service
20 days to object
Parties in interest(1)
Dismissal, Request by Party in Interest
-Chapter 7
1017(f) 707 2002(a)(4)
Motion, Notice and Proof of Service
20 days to object, Rule 2002(a)(4)
All creditors, Rule 2002(a)(4)(2)
-Chapter 11
1017(f) 1112(d) 2002(a)(4) 1017(f) 1208(c) 2002(a)(4) 1017(f) 1307(c)
Motion, Notice and Proof of Service Motion, Notice and Proof of Service Motion, Notice and Proof of Service Motion Motion for Expedited Hearing Affidavit in Support Proposed Order
20 days to object, Rule 2002(a)(4) 20 days to object, Rule 2002(a)(4) 20 days to object
All creditors, Rule 2002(a)(4)(2) All creditors, Rule 2002(a)(4)(2) All creditors
-Chapter 12
-Chapter 13
Emergency/Expedited 9006 Hearing, Request for
If approved, Parties in clerk's office interest(1) will schedule hearing
Employ (Application not required to employ debtor's attorney in Chapter 7 or 13)
2014
327
Application Verified Statement or Affidavit
U.S. Trustee
Examination Under Rule 2004
2004
Motion Proof of Service
Parties in interest(1)
Examiner, Request to 9014 Appoint in a Chapter 11
1104
Motion Notice Proof of Service
15 days to object
All creditors(2)
Exemptions, Objection to
4003(b)
522
Objection Notice Certificate of Service Motion Notice Proof of Service
15 days to object
Parties in interest(1)
Extend Time to File Complaint to Determine Dischargeability of Debt Extend Time to Appeal Extend Plan Payments (Chapter 13)
4007(d)
15 days to object
Parties in interest(1)
8002(c) 1322(d) 1329(c)
Motion Proof of Service Motion Notice Proof of Service
May be set by Parties in the Court interest(1) 20 days to object All creditors(2)
Extend Time to File Plan
9006
1121(d) 1221 1321
Motion Proof of Service
All creditors(2)
Extend Time to File Schedules or Statement
9006 1007(c)
Motion Proof of Service
Trustee and U.S. Trustee
Filing Fees, Request 1006 to Pay in Installments LBR (individuals only) 1006-1
Title 28 § 1930(a) (6)
Application
No notice required
$100.00 minimum payment due at time of filig Parties in interest(1) $250.00(3)
Financial Management Course, Exemption Injunction or Equitable Relief (constitutes an adversary proceeding) Joint Administration 7065 7001(7)
109(h)(4) 727(a)(11) Variable
Motion Notice Proof of Service Complaint Cover Sheet (if case not filed electronically) Motion Notice Proof of Service Motion Proof of Service
15 days to object
1015
302
All creditors(2)
Judgment, Alter or amend
9023
Court will take matter under advisement Party has 10 Parties in days to file an interest(1) answer in opposition $250.00(3)
Leave to Appeal
8003
Motion Proof of Service
Lien, Determine the Validity, Priority, or Extent of (constitutes an adversary proceeding) Limit Notice
7001(2)
Complaint Cover Sheet (If case not filed electronically)
2002(i)
Motion Affidavit Proposed Order
No notice required but courtesies should be observed
Means Test, Exemption from
701(b)(2)(D) Motion Notice Proof of Service
15 days to object
Parties in interest(1)
Modify Assurance Payment
366(c)(3)
Motion Notice Proof of Service
15 days to object
Parties in interest(1)
Plan, Confirmation of
-Chapter 11
3020(b) 2002(b)
1128 1129
Plan
25-day notice All creditors, of hearing, Rule Rule 2002(b) 2002(b)(5) 20-day notice All creditors, of hearing, Rule Rule 2002(a)(8)(2) 2002(a)(8) 25-day notice All creditors, of hearing, Rule Rule 2002(b) 2002(b)(2)
-Chapter 12
3015 1224 2002(a)(8) 1225
Plan
-Chapter 13 3015 (hearing is held only 2002(b) if objections are filed) LBR 3015-1 Plan, Amend Before Confirmation -Chapter 11
1324 1325
Plan
1129
Amended Plan Notice of Amended Plan (when adversely affects creditors) Proof of Service Amended Plan Notice of Amended Plan (when adversely affects creditors) Proof of Service
-Chapter 12
1223
-Chapter 13
1323
Amended Plan Notice of Amended Plan (when adversely affects creditors) Proof of Service
Plan, Motion to Modify after confirmation
-Chapter 11
1127
Motion Notice Proof of Service
20 days, Rule All creditors, 2002(a)(5) Rule 2002(a)(5)(2)
-Chapter 12 & 13
3015
1229 1329
Motion Notice Proof of Service Motion Proposed Order Motion Proposed Order
20 days, Rule All creditors, 2002(a)(5) Rule 2002(a)(5)(2)
Pro Hac Vice Quash Reaffirmation Agreement (pro se) 4008 LBR 4008-1 524(c) and (d)
Agreement Motion
Set for hearing by Court unless consumer debt secured by real estate Effective upon filing with court
Reaffirmation Agreement (pro se) (consumer debt secured by real estate) Reaffirmation Agreement, (presumption of undue hardship)
4008 LBR 4008-1
524(k)(3)(J) Reaffirmation Agreement
4008 LBR 4008-1
524(c) and (d)
Reaffirmation Agreement
May be set for hearing by Court
Reaffirmation Agreement entered into with a credit union Reconsider
4008 LBR 4008-1 9024
524(m)
Reaffirmation Agreement
Effective upon filing with court May be taken Parties in under interest(1) advisement or set for hearing $250.00(3)
Motion Proof of Service
Recover Money or 7001(1) Property except under § 554 and § 725 of the Code (constitutes an adversary proceeding) Redemption of 6008 Property from Lien or Sale Refund Filing Fee
542 544 547 548
Complaint Cover Sheet (If case not filed electronically)
722
Motion Notice Proof of Service Motion Notice Proof of Service
15 days to object
Parties in interest(1)
10 days to object
Parties in interest(1)
Reject Lease or Executory Contract
6006
365
Motion Notice Proof of Service
15 days to object
Parties in interest(1)
Relief from Stay
4001(a)
362(d)
Motion Notice Proof of Service
15 days to object
Parties in $150.00 interest plus the list of 20 largest unsecured creditors if no committee was appointed,
Rule 4001(a)(1)(1)
Removal, Notice of (adversary proceeding)
7001(10) 9027
Notice of Removal Cover sheet (If case not filed electronically)
$250.00(3)
Reopen Case (fee 5010 may not be required if 4007(b) filed by debtor regarding discharge)
350(b)
Motion Proof of Service
May be set by Parties in Court interest(1)
Chapter 7 $260.00 Chapter 11 - $1000.00 Chapter 13 - $235.00 Chapter 12$200.00
Retiree Benefits, Reinstatement of Restrict Public Access
1114
Motion Notice Proof of Service Motion Proof of Service
15 days to object
Parties in interest(1)
107(c)(1)
May be set by Parties in Court interest(1)
Sale
6004 363 2002(a)(2)
Motion Notice Proof of Service
20 days to object
All creditors, Rule 2002(a)(2)(2)
Sanctions (if motion 7037 filed in adversary, matter taken under advisement per local rule)
28 § 1927
Motion Notice Proof of Service
15 days to object
Parties in interest(1)
Schedules, Amending 1009 to Add Creditors LBR 1009-1 If the case is closed, it will need to be reopened.
Amended Schedule (signed by debtor) Cover sheet (if document not filed electronically) Proof of Service on any notice mailed to creditors pursuant to FRBP 2002 to the additional creditors Amended Schedule (signed by debtor)
$26.00
Schedules, Amending 1009 (no creditors added) LBR 1009-1
No fee required
Seal Records
303(I)
Motion Proof of Service
May be set for hearing by Court
Parties in interest(1)
Shorten Time
9006
Motion Affidavit Proposed Order
No notice required but courtesies should be observed
Stay Pending Appeal 8005
Motion
May be set by Parties in the Court interest(1) 15 days to object No notice required but courtesies should be observed Parties in interest(1)
Strike
Motion Notice Proof of Service 9037 Motion Proof of Service
Strike to Redact Personal Identifiers
Substitution of Attorneys
Motion/Stipulation Proof of Service Proposed Order 7056 LBR 7001-1 Motion Proof of Service Matter will be taken under advisement 15 days to object Parties in interest(1)
Summary Judgment
Suspension of Payments (Chapter 12 and Chapter 13) -
Motion Notice Proof of Service
All creditors(2)
temporary
Trustee, Request to 2007.1 Appoint in a Chapter 11 Turnover estate 7001 property in debtor's possession (to recover estate property in third party's possession, an adversary proceeding is required) Value of Personal Property, Determine Consequential (By Trustee Only) Valuation 3012
1104
Motion Notice Proof of Service Motion Notice Proof of Service
15 days to object 15 days to object
All creditors(2) Parties in interest(1)
543
362(h)(2) 521(a)(2)
Motion Notice Proof of Service
15 days to object
Parties in interest(1)
506(a)
Motion Proof of Service
Motion filed Parties in after interest(1) appraisals complete for both sides, hearing will be set upon filing of motion 15 days to object All creditors(2)
Venue, Change
1014
Title 28, § 1412
Motion Notice Proof of Service
Withdraw as Attorney for Debtor
Motion Notice Proof of Service
15 days to object
Parties in interest(1)
Withdrawal of Reference
Title 28, § 157(d)
Motion
Upon the filing of the Motion, it will be transmitted to
$250.00
the District Court for a determination
These guidelines are for reference purposes only and should not be relied upon instead of the Bankruptcy Code and/or Bankruptcy Rules. Parties are advised that they should consult the applicable Code sections and/or Rules. Rev. 9/98. Filing fee amounts effective 1/1/07. Proof of Service necessary where noted if parties served are not electronic filing users.
1. "Parties in interest" in a main case bankruptcy means: The debtor and debtor's attorney,
trustee, U.S. Trustee, creditors' committee, any objecting party or attorney who may be directly involved with the proceeding and anyone else you deem necessary should receive notice. "Parties in interest" in an adversary proceeding means: The plaintiff and/or their attorney, the defendant and/or their attorney, U.S. Trustee, any objecting party or attorney who may be directly involved with the proceeding and anyone else you deem necessary should receive notice. 2. "All Creditors" means: Everyone on the mailing matrix, parties in interest, plus any other attorney or objecting party who is not listed but might be a party in interest. 3. If the United States, other than a United States trustee acting as a trustee in a case under title 11, or a debtor is the plaintiff, no fee is required. If a trustee or debtor in possession is the plaintiff, the fee should be payable only from the estate and to the extent there is any estate realized. If a child support creditor or its representative is the plaintiff, and if such plaintiff files the form required by § 304(g) of the Bankruptcy Reform Act of 1994, no fee is required. 4. The plan and the disclosure statement are sent with the notice of disclosure hearing to the debtor, any trustee or committee appointed under the Code, secured creditors, and the
Securities and Exchange Commission. The notice of disclosure hearing is sent to all creditors, Rule 2002(b). 5. At least 25 days before the confirmation hearing, the following items must be served on all creditors: order approving disclosure statement, notice of confirmation hearing, approved disclosure statement, plan and ballot. These materials will not be mailed by the Clerk's Office.