UNITED STATES BANKRUPTCY COURT DISTRICT OF VERMONT
LOCAL BANKRUPTCY RULES 2008
UNITED STATES BANKRUPTCY COURT DISTRICT OF VERMONT
____________________ In re: THE VERMONT LOCAL BANKRUPTCY RULES ____________________ APPROVAL OF LOCAL RULES Pursuant to Rule 9029(a)(1) of the Federal Rules of Bankruptcy Procedure the attached local rules, captioned as Local Rules of Practice and Procedure in the Bankruptcy Court, District of Vermont, are hereby approved. They are effective as of April 1, 2008.
March 28, 2008 Burlington, Vermont
/s/ William K. Sessions, III William K. Sessions, III Chief Judge, U.S. District Court
March 31, 2008 Brattleboro, Vermont
/s/ J. Garvan Murtha J. Garvan Murtha Judge, U.S. District Court
March 27, 2008 Rutland, Vermont
/s/ Colleen A. Brown Colleen A. Brown Chief Judge, U.S. Bankruptcy Court
For further procedural information, the Clerk's Office may be contacted at Clerk, U.S. Bankruptcy Court District of Vermont 67 Merchants Row P.O. Box 6648 Rutland, VT 05702-6648 (802) 776-2000 These Vermont Local Bankruptcy Rules and additional information are also available from the Court's website: http://www.vtb.uscourts.gov
TABLE OF CONTENTS
VT. LBR 1002-1. PETITION GENERALLY................................................................ 1
(a) Electronic Filings of Petition. ..........................................................................................................1 (b)Original Petition and Schedules to be Brought to § 341 Meeting. ...............................................1 (c) Fax Filings.........................................................................................................................................1 (d)E-Mail Filings. ..................................................................................................................................1 (e) Non-Electronic Filings. ....................................................................................................................1 (f) Corporate Resolution/LLC Authority............................................................................................2
VT. LBR 1005-1. PETITION CAPTION...................................................................... 2 VT. LBR 1006-1. FEES RESTRICTIONS ON DEBTORS; INSTALLMENT PAYMENTS; WAIVER OF FILING FEE ............................................. 2
(a) Restrictions on Debtors....................................................................................................................2 (b)Installment Payments.......................................................................................................................2 (c) Waiver of Filing Fee.........................................................................................................................2
VT. LBR 1007-1. LISTS, SCHEDULES, STATEMENTS, & OTHER DOCUMENTS; TIME LIMITS ....................................................................................... 3
(a) Schedules of Assets in All Chapters................................................................................................3 (1) All Assets to be Disclosed. .............................................................................................................3 (2) Business Inventory or Equipment...................................................................................................3 (b)Schedules of Debts in All Chapters.................................................................................................3 (c) Payment Advices Cover Sheet.........................................................................................................3 (d)Certificate from Approved Nonprofit Budget and Credit Counseling Agency Regarding PrePetition Credit Counseling. .............................................................................................................3 (e) Official Form 21, Statement of Debtor's Social Security Number(s). .........................................4 (f) Definition of "Submitted"................................................................................................................4 (g) Debtor's Affidavit to be Filed in Chapter 11 Case. .......................................................................4 (h)Additional Information Required if a Business Continues Operating. .......................................4 (i) When to File Additional Business Information. ............................................................................5 (j) Waiver of Requirements..................................................................................................................5
VT. LBR 1007-2. DISMISSAL FOR FAILURE TO FILE REQUISITE DOCUMENTS... 5 VT. LBR 1007-3. MAILING LIST .................................................................................. 5
(a) Master Mailing List..........................................................................................................................5 (b)Additional Mailing List in Cases Filed Under Chapter 9 or Chapter 11 ....................................6 (c) Formatting Generally. .....................................................................................................................6 (d)Mailing Lists for Cases Filed Electronically ..................................................................................7 (e) Mailing Lists for Cases Filed Non-Electronically. ........................................................................7
VT. LBR 1007-4. OTHER DOCUMENTS REQUIRED.................................................. 7 VT. LBR 1009-1. AMENDMENTS TO LISTS & SCHEDULES ..................................... 7
(a) Amendments Generally. ..................................................................................................................7 (b)Interlineation. ...................................................................................................................................7
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(c) Notification of New Creditors. ........................................................................................................7 (d)Mailing Lists. ....................................................................................................................................8 (e) Correcting Debtor's Social Security Number................................................................................8 (f) Declarations. .....................................................................................................................................8
VT. LBR 1015-1. JOINT ADMINISTRATION/CONSOLIDATION................................. 9
(a) Case Filed by a Husband and Wife.................................................................................................9 (b)Joint Administration of Related Cases...........................................................................................9 (1) Clerk's Duties. ................................................................................................................................9 (2) Mailing List.....................................................................................................................................9 (3) Additional Copies. ..........................................................................................................................9 (c) Substantive Consolidation of Related Cases..................................................................................9 (1) Motion.............................................................................................................................................9 (2) Mailing List...................................................................................................................................10 (3) Caption, Docket Entries, and Filing..............................................................................................10 (d)Termination of Substantive Consolidation. .................................................................................10
VT. LBR 1017-1. DISMISSAL OF CASES ................................................................. 10
(a) Effect on Related Adversary Proceedings and Contested or Other Matters............................10 (b)Special Provisions Required in Motions to Dismiss Chapter 13 Cases. ....................................11 (1) When the Debtor is the Movant. ...................................................................................................11 (2) When a Creditor or the Case Trustee is the Movant. ....................................................................11
VT. LBR 1017-2. CONVERSIONS.............................................................................. 11
(a) Conversion from Chapter 7 to Chapter 13. .................................................................................11 (b)Conversion from Chapter 11 to Chapter 7. .................................................................................11 (c) Conversion from Chapter 13 to Chapter 7. .................................................................................11
VT. LBR 1020-1. CHAPTER 11 DESIGNATION OF SMALL BUSINESS CASES .. 11
(a) Motion Required. ...........................................................................................................................11 (b)Effect of Designation. .....................................................................................................................11 (c) Rescission of Designation...............................................................................................................12
VT. LBR 1072-1. LOCATION OF COURT HEARINGS & WHERE TO FILE DOCUMENTS ................................................................................... 12
(a) Hearing Location............................................................................................................................12 (b)Filing Location................................................................................................................................12
VT. LBR 1074-1. CORPORATIONS ........................................................................... 12 VT. LBR 2002-1. NOTICE TO CREDITORS & PARTIES IN INTEREST ................... 12
(a) Duty to Provide Notice...................................................................................................................12 (b)Chapter 13 Plans. ...........................................................................................................................12 (c) Mailing List.....................................................................................................................................13 (d)Method of Service...........................................................................................................................13 (e) Service on the Office of the U.S. Trustee by Parties Not Yet Registered For CM/ECF. .........13 (f) Forms of Service.............................................................................................................................13
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(g) Content of Motions.........................................................................................................................13
VT. LBR 2002-2. NOTICE TO UNITED STATES OR A FEDERAL AGENCY ........... 13 VT. LBR 2003-1. MEETING OF CREDITORS & EQUITY SECURITY HOLDERS..... 13
(a) Waiver of Debtor's Appearance. ..................................................................................................13 (b)Documents Required at § 341 Meeting of Creditors...................................................................13
VT. LBR 2003-2. CHAPTER 11--CREDITORS' COMMITTEE DUTY TO PROVIDE INFORMATION ................................................................................. 14
(a) Duty Generally; Applicable Standard..........................................................................................14 (b)Method for Requesting Information; Committee's Notification of Preferred Method of Communication. .............................................................................................................................14 (c) Confidential Information...............................................................................................................14 (d)Privileged Information...................................................................................................................14 (e) Motion to Compel Disclosure. .......................................................................................................14
VT. LBR 2014-1. EMPLOYMENT OF PROFESSIONALS ......................................... 15
(a) Retention Procedure. .....................................................................................................................15 (b)Applications for Retention. ...........................................................................................................15 (c) Proposed Order to Accompany Application for Retention. .......................................................15 (d)Applications for Compensation.....................................................................................................15
VT. LBR 2015-2. DEBTOR-IN-POSSESSION CHAPTER 13 INVOLVING BUSINESS DEBTOR ........................................................................ 15
Business Operating Orders. ...............................................................................................................15
VT. LBR 2016-1. COMPENSATION OF PROFESSIONALS ..................................... 16
(a) Fee Application Guidelines............................................................................................................16 (b)Applications for Compensation of $1,000 or Less. ......................................................................16 (c) Certification Required. ..................................................................................................................16 (d)Retainers. ........................................................................................................................................16 (e) Requirement to File Fee Applications. .........................................................................................16 (f) Real Estate Brokers........................................................................................................................17 (g) Scope of Duties to be Performed by Debtor's Attorney for Flat Fee Charged.........................17
VT. LBR 2016-2. PAYMENT OF CHAPTER 13 DEBTOR'S ATTORNEY'S FEES.... 18
(a) Presumed Reasonable Fee in Chapter 13 Case............................................................................18 (b)Payment of Debtor's Attorney's Fees in Chapter 13 Case. ........................................................18 (c) Duty of Applicant Seeking Compensation for Post-Petition Services. ......................................18 (d)Consideration of Fees at Time of Dismissal. ................................................................................18
VT. LBR 2090-1. ATTORNEYS ADMISSION TO PRACTICE................................. 19
(a) Admission of Attorneys Generally................................................................................................19 (b)Admission of Attorneys Pro Hac Vice. .........................................................................................19 (1) Application for Admission............................................................................................................19 (2) Revocation. ...................................................................................................................................20
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(3) Local Counsel. ..............................................................................................................................20 (4) Filing Documents Prior to Entry of Order Granting Pro Hac Vice Admission. ...........................20 (5) Pro Hac Vice Admission for State Government Counsel.............................................................20 (6) Waiver...........................................................................................................................................20 (c) Interns and Law Clerks .................................................................................................................20 (1) Requirements to be met Prior to Appearance in Court. ................................................................20 (2) Supervising Attorney. ...................................................................................................................21 (3) Law Student Intern Requirements.................................................................................................21 (4) Law Clerk Requirements. .............................................................................................................21 (5) Limitations on Role.......................................................................................................................21 (6) One-Year Limit.............................................................................................................................22
VT. LBR 2090-2. ATTORNEYS DISCIPLINE & DISBARMENT.............................. 22 VT. LBR 2091-1. ATTORNEYS WITHDRAWALS................................................... 22
(a) Withdrawal of Attorney for the Debtor. ......................................................................................22 (b)Substitution of Attorney for the Debtor.......................................................................................22 (c) Withdrawal or Substitution of Other Attorneys .........................................................................22
VT. LBR 3001-1. CLAIMS & EQUITY SECURITY INTERESTS GENERALLY....... 22
No Asset Cases. ....................................................................................................................................22
VT. LBR 3007-1. CLAIMS OBJECTIONS ............................................................... 23
(a) Attachment of Proof of Claim to Objection.................................................................................23 (b)Objections to Claims in Chapter 12 and Chapter 13 Cases. ......................................................23 (c) Objections to Claims in Chapter 11 Cases...................................................................................23
VT. LBR 3008-1. CLAIMS RECONSIDERATION.................................................... 23 VT. LBR 3012-1. VALUATION OF COLLATERAL .................................................... 23
(a) Motion Required ............................................................................................................................23 (b)Rebuttable Presumption of Valuation of Motor Vehicles ..........................................................24
VT. LBR 3013-1. CLASSIFICATION OF CLAIMS & INTERESTS CHAPTER 12... 24
Secured and Priority Claims. .............................................................................................................24
VT. LBR 3013-2. CLASSIFICATION OF CLAIMS & INTERESTS CHAPTER 13... 24
Secured and Priority Claims. .............................................................................................................24
VT. LBR 3014-1. CHAPTER 11 § 1111(B) ELECTION ........................................... 24 VT. LBR 3015-1. CHAPTER 13 PLAN .................................................................... 24
(a) Mandatory Fee Disclosure and Payment Through the Plan. .....................................................24 (b)Format of Plan................................................................................................................................24 (c) Content of Plan...............................................................................................................................24 (d)Treatment of Pre-Petition Debts. ..................................................................................................25 (e) Payment of Secured Claims...........................................................................................................25 (f) Payment of Undersecured Claims. ...............................................................................................25 (g) Payment of Short-Term Secured Debts........................................................................................26
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(h)Amended or Alternative Plan........................................................................................................26 (1) Amended Plan by Debtor..............................................................................................................26 (2) Alternative Plan by Non-Debtor ...................................................................................................26
VT. LBR 3015-2. CHAPTER 13 CONFIRMATION .................................................. 26
(a) Court's § 1324(b) Determination. .................................................................................................26 (b)Court's § 1324(b) Determination a Rebuttable Presumption. ...................................................27 (c) Objections to Confirmation...........................................................................................................27 (1) Preference for Written Objections. ...............................................................................................27 (2) Amended Plans. ............................................................................................................................27 (d)Filings Considered in Connection with the Confirmation Hearing...........................................27 (e) Attendance at Confirmation Hearing...........................................................................................27 (f) Requests to Postpone Confirmation Hearing. .............................................................................28 (1) Request to Postpone the Initial Confirmation Hearing. ................................................................28 (2) Request to Postpone a Continued Confirmation Hearing. ............................................................28 (3) Untimely Request to Continue Confirmation Hearing; Appearance at Confirmation Hearing Required........................................................................................................................................28 (4) Rebuttable Presumption of Unreasonable Delay. .........................................................................28
VT. LBR 3015-3. CHAPTER 13 REQUESTING EXTENSION OF APPLICABLE COMMITMENT PERIOD ................................................................... 29 VT. LBR 3015-4. CHAPTER 13 MOTIONS TO MODIFY CONFIRMED CHAPTER 13 PLANS .............................................................................................. 29
(a) Modification of a Confirmed Chapter 13 Plan............................................................................29 (b)Content of a Motion to Modify Plan.............................................................................................29 (c) Additional Requirements When Filing a Motion to Modify Plan..............................................29
VT. LBR 3016-1. CHAPTER 11, SMALL BUSINESS CASES PLAN ..................... 29 VT. LBR 3018-1. CHAPTER 11 BALLOTS ............................................................. 30 VT. LBR 3018-2. CHAPTER 11 ACCEPTANCE & REJECTION OF PLAN............ 30
Pre-Filing Solicitation. ........................................................................................................................30
VT. LBR 3018-3. CHAPTER 11 CERTIFICATION OF ACCEPTANCE & REJECTION OF PLAN ..................................................................... 30 VT. LBR 3020-1. CHAPTER 11 CONFIRMATION .................................................. 30
(a) Confirmation Requirements..........................................................................................................30 (b)Cram Down Under § 1129(b). .......................................................................................................30 (c) Order Confirming Chapter 11 Plan. ............................................................................................31
VT. LBR 3022-1. CHAPTER 11 FINAL REPORT & DECREE ................................ 31
(a) Report of Substantial Consummation. .........................................................................................31 (b)Time for Filing Report of Substantial Consummation. ..............................................................32 (c) Affidavit of Post-Confirmation Disbursements. ..........................................................................32 (d)Final Report Form. ........................................................................................................................32
VT. LBR 3070-1. CHAPTER 13 PAYMENTS .......................................................... 33
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(a) Payments to the Chapter 13 Trustee. ...........................................................................................33 (b)Reimbursement of Trustee's Expenses upon Dismissal or Conversion.....................................33 (1) Standard Award of Expenses. .......................................................................................................33 (2) Itemized Expenses. .......................................................................................................................33 (3) Notice of Award............................................................................................................................33
VT. LBR 3071-1. SECURED CREDITORS' OBLIGATION TO PROVIDE ACCOUNT INFORMATION & STATEMENTS TO DEBTORS POST-PETITION 34
(a) Purpose; Protection Assured to Secured Creditors. ...................................................................34 (b)Applicability of Rule Generally ....................................................................................................34 (c) Possible Further Applicability ......................................................................................................34 (d)Applicability to Debt Secured by a Mortgage on Real Property ...............................................34 (e) Applicability to Other Secured Debts...........................................................................................35 (f) Additional Communication a Secured Creditor May Have With a Debtor Without Violating the Automatic Stay.........................................................................................................................36 (g) Forms of Communication Generally ............................................................................................36 (h)Waiver of Strict Compliance.........................................................................................................36 (i) Motion to Compel Compliance .....................................................................................................36
VT. LBR 4001-1. AUTOMATIC STAY RELIEF FROM ............................................ 37
(a) Motion Contents Generally. ..........................................................................................................37 (b)Additional Requirements for Motions Alleging Post-Petition Payment Default and for Objections Thereto.........................................................................................................................37 (1) Requirement of Pre-Motion Default Notification .........................................................................37 (2) Motions .........................................................................................................................................37 (3) Objections .....................................................................................................................................37 (4) Secured Creditor's Additional Obligations When a Chapter 13 Debtor Objects; Consequence of Failure to Meet Additional Obligations ........................................................................................38 (c) Service of Motion............................................................................................................................38 (d)Stipulation.......................................................................................................................................38 (e) Final Hearing..................................................................................................................................38 (f) Evidentiary Hearing.......................................................................................................................39 (g) Order Granting Relief from Stay .................................................................................................39
VT. LBR 4001-2. AUTOMATIC STAY DEBTOR'S ASSERTION OF EXCEPTION FOR LEASE OF RESIDENTIAL PROPERTY UNDER § 362(L) ...... 39
(a) Filing Initial Certification..............................................................................................................39 (b) Clerk's Notification upon Receipt of Certification #1 re: Right to Cure. ................................40 (c) Lessor's Consent, Objection or Non-Response to Certification #1. .........................................40 (d) Certification #2 re: Cure of Default.............................................................................................40 (e) Lessor's Objection to Certification #2. .......................................................................................40 (f) Debtor's Failure to File Certifications ........................................................................................41
VT. LBR 4001-3. AUTOMATIC STAY CONTINUATION; IMPOSITION; VERIFICATION ................................................................................. 41
(a) Motion for Continuation of Automatic Stay................................................................................41
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(b)Motion for Imposition of Automatic Stay ....................................................................................41 (c) Motion for Verification that Automatic Stay Is Not in Effect....................................................41
VT. LBR 4001-4. CASH COLLATERAL..................................................................... 42
(a) Motion Content...............................................................................................................................42 (b)Interim Hearing on Use of Cash Collateral. ................................................................................42 (c) Final Hearing on Use of Cash Collateral. ....................................................................................42 (d)Stipulation for Use of Cash Collateral..........................................................................................42
VT. LBR 4001-5. OBTAINING CREDIT...................................................................... 42
(a) Generally.........................................................................................................................................42 (b)Purchase of a Motor Vehicle During a Chapter 13 Case............................................................42 (1) Request for $15,000 or Less .........................................................................................................42 (2) Request for More than $15,000 or Request Where the Chapter 13 Trustee Declines to Approve Borrowing .....................................................................................................................................43 (c) Extraordinary Expenditure to Support Health and General Welfare During a Chapter 13 Case .................................................................................................................................................43 (1) Request for $5,000 of Less ...........................................................................................................43 (2) Request for Greater than $5,000 or Request Where the Chapter 13 Trustee Declines to Approve Borrowing .....................................................................................................................................43
VT. LBR 4001-6. USE, SALE OR LEASE OF PROPERTY ....................................... 44 VT. LBR 4002-1. DEBTOR'S DUTIES -- GENERALLY ............................................ 44
(a) Filing Certificate from Approved Nonprofit Budget and Credit Counseling Agency. ............44 (b)Motion for Waiver of § 109(h)(1) Requirement. .........................................................................44 (c) Filing Payment Advice Cover Sheet. ............................................................................................44 (d)Document Production at § 341 Meeting of Creditors. ................................................................45 (e) Chapter 11 Debtor's Books and Records. ....................................................................................46 (f) Chapter 11 Debtor's Monthly Operating Reports. .....................................................................46 (g) U.S. Trustee Operating Guidelines. ..............................................................................................46
VT. LBR 4002-2. DEBTOR'S DUTIES -- FURTHER REQUIREMENTS REGARDING TAX RETURNS ................................................................................. 47
(a) Creditor's Request for Tax Returns.............................................................................................47 (b)Debtor's Response to Request. ......................................................................................................47 (1) Compliance ...................................................................................................................................47 (2) Objection.......................................................................................................................................47 (3) Consequences of Failure to Respond; Motion to Compel. ...........................................................47 (c) Request that Debtor File Tax Returns with Court. ....................................................................48 (d)Request for Access to Tax Returns Filed with Court..................................................................48
VT. LBR 4002-3. DEBTOR'S DUTIES -- CONSEQUENCES OF FAILURE TO FILE REQUISITE DOCUMENTS ............................................................... 48
(a) Motion Requesting Dismissal ........................................................................................................48 (b)Objection(s) to Motion...................................................................................................................49 (c) Trustee's § 521(i)(4) Motion. .........................................................................................................49
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(d)Sequence of Adjudicating Multiple Dismissal Motions ..............................................................49
VT. LBR 4002-4. CURRENT CONTACT INFORMATION .......................................... 49
(a) Generally.........................................................................................................................................49 (b)Pro Se Parties..................................................................................................................................49
VT. LBR 4003-1. EXEMPTIONS................................................................................. 49 VT. LBR 4003-2. LIEN AVOIDANCE.......................................................................... 49
(a) Lien Avoidance Generally. ............................................................................................................49 (b)Identification of Liens Subject to Avoidance in a Chapter 12 or Chapter 13 Plan..................50 (c) Orders Granting Motions to Avoid Liens. ...................................................................................50
VT. LBR 4004-1. DISCHARGE HEARINGS ............................................................... 51 VT. LBR 4004-2. DISCHARGES ................................................................................ 51
(a) Official Form 23 Required to be Filed Before Entry of Discharge............................................51 (1) Deadline for Filing Official Form 23............................................................................................51 (2) Motion to Extend Filing Deadline ................................................................................................51 (3) Motion to Reopen Case to Extend Time for Filing of Form 23 and Enter Discharge ..................51 (b)Certifications of Compliance and Motions for Entry of Discharge Order in Chapter 12 and Chapter 13 Cases............................................................................................................................51 (1) Certification of Compliance in Chapter 12 Cases.........................................................................51 (2) Certification of Compliance in Chapter 13 Cases........................................................................52 (3) Entry of Discharge in Chapter 12 and Chapter 13 Cases.............................................................54 (4) Request for Early Entry of Discharge in Chapter 12 and Chapter 13 Cases.................................54
VT. LBR 4008-1. REAFFIRMATIONS ........................................................................ 54
(a) General Requirements ...................................................................................................................54 (b)Separate Certification Required ...................................................................................................54 (c) Additional Requirement When Debtor Identified a Third Party as the Additional Source of Funds. ..............................................................................................................................................55 (d)Hearing on Motion for Approval of Reaffirmation Agreement.................................................55 (e) Circumstance Where Motion and Order Not Required.............................................................55 (f) Presumed Unenforceability for Non-Compliance. .....................................................................56 (g) Motion to Defer Entry of Discharge ...........................................................................................56 (h) Motion to Vacate Discharge .........................................................................................................56
VT. LBR 4070-1. INSURANCE ................................................................................... 56 VT. LBR 4071-1. VIOLATION OF AUTOMATIC STAY OR DISCHARGE INJUNCTION .......................................................................................................... 56 VT. LBR 5001-2. CLERK OFFICE HOURS; LOCATION; WEBSITE...................... 57
(a) Hours and Place for On-Site Filing and Access to Records........................................................57 (b)Mailing Address, E-Mail Address, Telephone Number and Fax Number................................57 (c) Website. ...........................................................................................................................................57
VT. LBR 5001-3. CLERK PUBLIC ACCESS TO RECORDS .................................. 57
(a) Public Access to Court Electronic Records ("PACER") and Hours of Electronic Filing........57
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(b)Orders Limiting Access to Sensitive Information. ......................................................................57 (c) Personal Data Identifiers. ..............................................................................................................58 (1) Requirement to Redact..................................................................................................................58 (2) Filer Responsible for Redacting....................................................................................................58 (3) Request for Redacted Information ................................................................................................58
VT. LBR 5003-1. CLERK DUTY TO MAINTAIN RECORDS ................................... 58
(a) General Duty to Maintain All Records. .......................................................................................58 (b)Retention of Declarations REF and Chapter 11 Operating Reports.........................................59 (c) Official Form 21, Statement of Social Security Number(s). .......................................................59
VT. LBR 5003-3. CLAIMS REGISTER ....................................................................... 59 VT. LBR 5003-4. REQUIREMENTS FOR SUBMITTING & SEALING DOCUMENTS59
(a) Order Required to Seal Documents..............................................................................................59 (b)Motion Required. ...........................................................................................................................59 (c) Document for Which Sealing is Sought........................................................................................59 (d)The Effect of Electronic Filing. .....................................................................................................60
VT. LBR 5005-1. FILING DOCUMENTS FORMAT REQUIREMENTS ................... 60
(a) Size and Format..............................................................................................................................60 (b)Identification of Attorney and Party Being Represented. ..........................................................60 (c) Identification of Filings..................................................................................................................60 (d)Affidavits.........................................................................................................................................61 (e) Removed Actions............................................................................................................................61
VT. LBR 5005-2. FILING DOCUMENTS VIA THE CM/ECF SYSTEM--GENERALLY .......................................................................................................... 61
(a) Case Management/Electronic Case Filing ("CM/ECF"). ...........................................................61 (b)Consequences of Electronic Filing. ...............................................................................................61 (c) Official Record and Deemed Filing Date. ....................................................................................61 (d)Filing Deadline Not Altered...........................................................................................................61 (e) Relief Due to Technical Failures. ..................................................................................................61
VT. LBR 5005-3. FILING DOCUMENTS VIA THE CM/ECF SYSTEM-- REGISTRATION REQUIREMENTS.................................................. 61
(a) Registration and Passwords for Electronic Filings. ....................................................................61 (1) For Attorneys. ...............................................................................................................................61 (2) For Non-Attorneys........................................................................................................................62 (b)Waiver of Service and Notice by U.S. Mail..................................................................................62 (c) Passwords and Their Security.......................................................................................................62
VT. LBR 5005-4. FILING DOCUMENTS VIA OTHER ELECTRONIC MEANS .......... 62
(a) Filing Documents by Fax. ..............................................................................................................62 (b)Filing Documents by E-Mail. ........................................................................................................63 (c) Form of Payment............................................................................................................................63 (d)Relief Due to Technical Failures. ..................................................................................................63
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VT. LBR 5007-1. RECORD OF PROCEEDINGS & TRANSCRIPTS; ENSURING PRIVACY IN TRANSCRIPTS............................................................ 63
(a) Recording of Proceedings and Hearings. .....................................................................................63 (b)Audio Record of Court Proceedings.............................................................................................63 (c) Telephonic and Emergency Hearings...........................................................................................63 (d)Official Written Transcript. ..........................................................................................................64 (e) Procedures for Protecting Privacy................................................................................................64 (1) Temporary Restriction Period.......................................................................................................64 (2) Information Subject to Redaction .................................................................................................64 (3) Filing a Request for Redaction .....................................................................................................64 (4) Form of Redaction ........................................................................................................................64 (5) Request for Redaction of Other Information ................................................................................65 (6) Lifting of Temporary Restriction..................................................................................................65 (f) Parties' Responsibilities as to Personal Data Identifiers. ...........................................................65 (1) Limiting Solicitation of Personal Data Identifiers in Proceedings................................................65 (2) Other Responsibilities ..................................................................................................................65
VT. LBR 5010-1. REOPENING CASES ..................................................................... 65
(a) Generally.........................................................................................................................................65 (b)Motion to Reopen a Case to File Form 23....................................................................................65
VT. LBR 5070-1. COURT CALENDARS & SCHEDULING HEARINGS .................... 66 VT. LBR 5071-1. CONTINUANCES ........................................................................... 66 VT. LBR 5072-1. COURTROOM DECORUM ............................................................. 66 VT. LBR 5073-1. PHOTOGRAPHY, RECORDING DEVICES; CELLULAR TELEPHONES, LAPTOP COMPUTERS; RECORDING & BROADCASTING BY THE COURT ................................................. 67
(a) Prohibition Against Certain Devices. ...........................................................................................67 (b)Limited Permission for Attorneys ................................................................................................67 (c) Recording and Broadcasting by the Court; Videoconferencing. ...............................................67
VT. LBR 5081-1. FEES FORM OF PAYMENT ........................................................ 68
(a) Payments from Debtors .................................................................................................................68 (b)Acceptable Forms of Payment. .....................................................................................................68 (c) Payment by Credit Card. ..............................................................................................................68 (d)Effect of Non-Payment...................................................................................................................68 (e) Payment of Filing Fee in Installments; Waiver of Filing Fee; Waiver of Other Fees..............68
VT. LBR 5091-1. JUDGE'S SIGNATURE .................................................................. 68 VT. LBR 6004-1. SALE OF ESTATE PROPERTY ..................................................... 69
(a) Sale or Refinance of Property in Chapter 13 Cases ....................................................................69 (1) Approval Procedures.....................................................................................................................69 (2) Trustee's Approval. ......................................................................................................................69 (3) Sale Plans......................................................................................................................................69 (4) Closing Costs or Broker's Commissions. .....................................................................................69
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(5) Payment of Secured Claims. .........................................................................................................70 (b)Sales Free and Clear of Liens........................................................................................................70 (1) Contents of Motion. ......................................................................................................................70 (2) Notice............................................................................................................................................70 (3) Hearings. .......................................................................................................................................71 (4) Potential Consequence of Noncompliance. ..................................................................................71 (c) Other Sales Outside the Ordinary Course of Business. ..............................................................71 (d)Notice of Intent to Sell and Order.................................................................................................71 (e) Form of Orders Approving Sales..................................................................................................72 (f) Chapter 11 - Additional Requirements. .......................................................................................72
VT. LBR 6005-1. APPRAISERS & AUCTIONEERS .................................................. 72
(a) Compensation. ................................................................................................................................72 (b)Purchase Prohibited.......................................................................................................................73 (c) Bond.................................................................................................................................................73 (d)Report of Sale. ................................................................................................................................73 (e) Disposition of Proceeds of Sale......................................................................................................74 (f) Application for Commissions and Expenses ................................................................................74
VT. LBR 6007-1. ABANDONMENT............................................................................ 74
Notice of Proposed Abandonment or Disposition of Property; Order Granting Abandonment.74
VT. LBR 6008-1. REDEMPTION ................................................................................ 74
(a) Joint Motions. .................................................................................................................................74 (b)Debtor's Motion. ............................................................................................................................75
VT. LBR 7004-2. SUMMONS ..................................................................................... 75
(a) Obtaining a Summons....................................................................................................................75 (b)Serving a Summons........................................................................................................................75
VT. LBR 7005-1. CERTIFICATE OF SERVICE .......................................................... 75 VT. LBR 7007-1. MOTION PRACTICE IN ADVERSARY PROCEEDINGS ............... 75
Amendments to Pleadings or Motions...............................................................................................75
VT. LBR 7008-1. CORE/NON-CORE DESIGNATION (COMPLAINT) ....................... 76
(a) Non-Core Proceedings. ..................................................................................................................76 (b)Lack of Consent to Bankruptcy Court's Entering Final Orders. ..............................................76
VT. LBR 7016-1. PRE-TRIAL PROCEDURES ........................................................... 76
(a) Scheduling Conference ..................................................................................................................76 (b)Notice; Appearance. .......................................................................................................................76 (c) Telephone Participation in Pre-Trial and Status Conferences. .................................................76 (d)Pre-Trial Statements. .....................................................................................................................76
VT. LBR 7024-2. UNCONSTITUTIONALITY, CLAIM OF........................................... 77 VT. LBR 7026-1. DISCOVERY ................................................................................... 77
(a) Initial Disclosure.............................................................................................................................77
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(b)Limits on Interrogatories...............................................................................................................77 (c) Limits on Depositions.....................................................................................................................77 (d)Requirement of a Writing..............................................................................................................77 (e) Objections to Discovery Process. ..................................................................................................77 (f) Mandatory Consultation Among Counsel. ..................................................................................77 (g) Motion to Compel...........................................................................................................................78 (h)Other Discovery Motions...............................................................................................................78 (i) Responses to Discovery. .................................................................................................................78 (j) Compliance with Discovery Orders..............................................................................................78 (k)Failure to Comply with Order. .....................................................................................................78 (l) Unnecessary Discovery Motions or Objections. ..........................................................................78
VT. LBR 7041-1. DISMISSAL OF ADVERSARY PROCEEDINGS ............................ 78
Condition for Voluntary Dismissal of a § 727 Complaint. ..............................................................78
VT. LBR 7052-1. FINDINGS & CONCLUSIONS ........................................................ 78
Objections to Proposed Findings of Fact and Conclusions of Law ................................................78
VT. LBR 7055-1. DEFAULT ....................................................................................... 79
(a) Entry of Default..............................................................................................................................79 (b)Entry of Judgment by the Clerk. ..................................................................................................79 (c) Entry of Judgment by the Court...................................................................................................80
VT. LBR 7056-1. SUMMARY JUDGMENT GENERALLY....................................... 80
(a) Summary Judgment Motions........................................................................................................80 (1) Statement of Undisputed Facts. ....................................................................................................80 (2) Opposition; Statement of Disputed Facts......................................................................................80 (3) Facts Admitted ..............................................................................................................................81 (4) Time for Filing..............................................................................................................................81 (b)Tolling. ............................................................................................................................................81 (c) Consideration and Ruling by the Court.......................................................................................81 (d)Special Notice Required to Pro Se Litigants ................................................................................81
VT. LBR 7056-2. SUMMARY JUDGMENT MOTION REQUIREMENTS................. 81
(a) Memorandum of Law; Response in Opposition; Reply; Request for Oral Argument. ...........81 (b)Oral Argument. ..............................................................................................................................81
VT. LBR 8006-1. DESIGNATION OF RECORD ON APPEAL ................................... 82 VT. LBR 8007-1. COMPLETION OF RECORD ON APPEAL .................................... 82 VT. LBR 8008-1. FILING PAPERS ON APPEAL ....................................................... 83 VT. LBR 9001-1. DEFINITIONS ................................................................................. 85 VT. LBR 9003-1. EX PARTE CONTACT.................................................................... 85 VT. LBR 9004-2. CAPTION PAPERS, GENERALLY ............................................. 85 VT. LBR 9006-1. TIME PERIODS............................................................................... 85
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TABLE OF CONTENTS
(a) Meaning of "Days".........................................................................................................................85 (b)Reference to the Bankruptcy Code or the Bankruptcy Rules....................................................85
VT. LBR 9010-2. POWERS OF ATTORNEY.............................................................. 86 VT. LBR 9011-1. ATTORNEYS DUTIES, RETENTION OF DOCUMENTS, & ELECTRONIC SIGNATURES........................................................... 86
(a) Acceptance of Employment ...........................................................................................................86 (b)Attorney's Duty to Retain Certain Originals of Electronically Filed Documents....................86 (c) Electronic Signatures and Identification......................................................................................86 (d)Unauthorized Use of Password (Electronic Signature) Prohibited. ..........................................86
VT. LBR 9011-2. PRO SE PARTIES DUTIES, RETENTION OF DOCUMENTS, USE OF CM/ECF....................................................................................... 86
(a) Designation of Contact Information by Pro Se Parties...............................................................86 (b)Pro Se Filer's Duty to Retain Certain Originals of Documents Filed by Fax or E-Mail. .......86 (c) Pro Se Use of the CM/ECF System. ..............................................................................................87
VT. LBR 9011-4. SIGNATURES................................................................................. 87
(a) Signing of Documents Generally...................................................................................................87 (b)Electronic Signatures of Attorneys...............................................................................................87 (c) Signatures of Non-Attorneys Generally. ......................................................................................87 (d)E-Mail Signatures...........................................................................................................................87 (1) Requirements for Attorneys..........................................................................................................87 (2) Requirements for Non-Attorneys..................................................................................................87 (e) Fax Signatures. ...............................................................................................................................88 (f) Signatures of Multiple Persons on a Single Document. ..............................................................88 (g) Signatures Designating Consent. ..................................................................................................88
VT. LBR 9013-1. MOTION PRACTICE GENERALLY............................................. 88
(a) Form of Motion; Content of Motion.............................................................................................88 (b)Mandatory Consultation of Counsel Prior to Filing a Motion...................................................88 (c) Affidavits.........................................................................................................................................89 (d)Exhibits and Attachments Filed with Motions ............................................................................89 (e) Motion for Conversion of Chapter 7 Case to Chapter 13...........................................................89 (f) Stipulated Motions. ........................................................................................................................89 (g) Ex Parte Motions ............................................................................................................................89 (h)Motions Seeking Expedited Relief. ...............................................................................................90 (i) Proposed Orders.............................................................................................................................90 (j) Proposed Order with Consent.......................................................................................................90
VT. LBR 9013-2. HEARINGS ON MOTIONS GENERALLY ................................... 90
(a) Scheduling a Hearing on a Motion ...............................................................................................90 (b)Routine, Non-Evidentiary Motions...............................................................................................90 (1) In a Main Case. .............................................................................................................................90 (2) In an Adversary Proceeding..........................................................................................................90
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TABLE OF CONTENTS
(c) Form of Hearing Notice. ................................................................................................................90 (1) Hearing Dates/Times. ...................................................................................................................91 (2) Hearing Sites.................................................................................................................................91 (3) Availability of Video Conferencing..............................................................................................91 (4) Response Deadline; Mandatory Language. ..................................................................................92 (d)Multiple Motions. ...........................................................................................................................92 (e) Attendance at Hearings. ................................................................................................................92 (f) Stipulations. ....................................................................................................................................92 (g) Rescheduling Hearings. .................................................................................................................92
VT. LBR 9013-3. HEARINGS ROUTINE MOTIONS--NOTICE UNDER CONVENTIONAL PROCEDURE ...................................................... 92
(a) Meaning of "Conventional Procedure.".......................................................................................92 (b)Form of Hearing Notice .................................................................................................................93 (1) Title of Notice. ..............................................................................................................................93 (2) Response Deadline........................................................................................................................93 (3) Mandatory Language. ...................................................................................................................93
VT. LBR 9013-4. HEARINGS ROUTINE MOTIONS--NOTICE UNDER DEFAULT PROCEDURE.................................................................................... 94
(a) Meaning of "Default Procedure." .................................................................................................94 (b)Relief Available Through Use of the Default Procedure. ...........................................................94 (c) Form of Hearing Notice. ................................................................................................................96 (1) Title of Notice. ..............................................................................................................................96 (2) Response Deadline........................................................................................................................96 (3) Mandatory Language. ...................................................................................................................96
VT. LBR 9013-5. BRIEFS & MEMORANDA OF LAW ............................................... 97
(a) Memoranda of Law........................................................................................................................97 (b)Motions Not Requiring Memoranda of Law. ..............................................................................98
VT. LBR 9013-6. SERVICE & CERTIFICATE OF SERVICE...................................... 98
(a) Service Generally. ..........................................................................................................................98 (b)Service of Documents Filed Electronically: .................................................................................98 (1) Notice of Electronic Filing ("NEF").............................................................................................98 (2) Service on Registered Users. ........................................................................................................98 (3) Service on Non-Registered Parties. ..............................................................................................98 (c) Certificate of Service: Requirement to File; Contents; Consequences of Non-Compliance....99
VT. LBR 9014-1. CONTESTED MATTERS ................................................................ 99
(a) (d) Reserved .............................................................................................................................99 (e) Attendance of Witnesses. ...............................................................................................................99 (1) Court Designated Evidentiary Hearing. ........................................................................................99 (2) How to Request an Evidentiary Hearing. ...................................................................................100 (3) Additional Time and/or Witness(es). ..........................................................................................100 (4) Stipulation...................................................................................................................................100 (5) Court's Discretion.......................................................................................................................101
VT. LBR 9015-1. JURY TRIAL ................................................................................. 101
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TABLE OF CONTENTS
(a) Applicability of Certain Federal Rules of Civil Procedure. .....................................................101 (b)Consent to Have Jury Trial Conducted by Bankruptcy Court................................................101 (c) Voir Dire. .......................................................................................................................................101 (d)Time for Filing a Demand for Jury Trial after Removal. ........................................................101
VT. LBR 9016-1. SUBPOENAS & RULE 9014(E) NOTICES OF EVIDENTIARY HEARINGS ..................................................................................... 101 VT. LBR 9019-1. ALTERNATIVE DISPUTE RESOLUTION .................................... 101
(a) Generally.......................................................................................................................................101 (b)The District Court's Early Neutral Evaluation Process and Goals. ........................................102
VT. LBR 9021-1. MEMORANDA, JUDGMENTS & ORDERS .................................. 102 VT. LBR 9022-1. JUDGMENTS & ORDERS NOTICE OF .................................... 102 VT. LBR 9023-1/VT. LBR 9024-1. MOTIONS TO RECONSIDER............................ 102 VT. LBR 9027-1. REMOVAL/REMAND.................................................................... 102
(a) Notice.............................................................................................................................................102 (b)Procedure after Removal.............................................................................................................102 (c) Remand. ........................................................................................................................................103
VT. LBR 9029-1. LOCAL RULES GENERALLY................................................... 103
(a) Scope and Title. ............................................................................................................................103 (1) Rules ...........................................................................................................................................103 (2) Appendices and Forms................................................................................................................103 (b)Making and Amending these Local Rules..................................................................................103 (c) Matters Not Covered by These Rules. ........................................................................................103 (1) Consistent Practice......................................................................................................................103 (2) Suspension of Rules....................................................................................................................103 (3) Good Cause.................................................................................................................................103
VT. LBR 9029-2. LOCAL RULES STANDING ORDERS ...................................... 104 VT. LBR 9036-1. NOTICE BY ELECTRONIC TRANSMISSION (NEF).................... 104
(a) Generally.......................................................................................................................................104 (b)Noticing Agreements. ...................................................................................................................104 (c) Electronic Notice of Court Orders and Judgments...................................................................104
VT. LBR 9070-1. EXHIBITS IN EVIDENTIARY HEARINGS PRODUCTION, RETENTION & CUSTODY OF........................................................ 104
(a) Marking of Exhibits. ....................................................................................................................104 (b)Retention of Exhibits by Attorneys.............................................................................................104 (c) Retrieval of Exhibits from the Clerk. .........................................................................................105 (d)Appeal. ..........................................................................................................................................105 (e) Photocopy Size..............................................................................................................................105
VT. LBR 9071-1. STIPULATIONS ............................................................................ 105 VT. LBR 9072-1. ORDERS PROPOSED............................................................... 105
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(a) When Required.............................................................................................................................105 (b)Filing of Proposed Orders. ..........................................................................................................105 (c) Allowed Endorsement Orders.....................................................................................................105 (d)Settled Orders...............................................................................................................................105 (e) Format of Signature Line on Proposed Orders.........................................................................105 (f) Lift Stay Relief..............................................................................................................................105
VT. LBR 9074-1. PROCEDURE FOR, AND LIMITATIONS ON, TELEPHONIC PARTICIPATION IN COURT HEARINGS & CONFERENCES....... 106 VT. LBR 9075-1. EMERGENCY MATTERS ............................................................. 106
(a) Defining an "Emergency Matter"...............................................................................................106 (b)Procedures for Seeking Relief in an Emergency Matter. .........................................................106 (1) Filing Requirements....................................................................................................................106 (2) Notice Requirements...................................................................................................................106 (3) Hearing........................................................................................................................................106 (4) Waiver of Filing Requirements and/or Hearing..........................................................................107
INDEX ........................................................................................................................ 108
xvi
VT. LBR 1002-1. PETITION GENERALLY
PART I
VT. LBR 1002-1. PETITION GENERALLY (a) Electronic Filings of Petition. A petition commencing a case under the Bankruptcy Code may be filed by electronic means through the Case Management/Electronic Case Filing System (hereinafter, "CM/ECF System" or "CM/ECF"), in accordance with the requirements set forth in these Local Rules. When a case is commenced electronically, the debtor is not required to file the original and required copies of the petition and the schedules and statements with the Clerk of the Court ("Clerk"). Rather, within seven (7) days of the electronic commencement of a case, the debtor must file (1) an original, signed Declaration Regarding Electronic Filing ("Declaration REF"), with the required attestation made under penalty of perjury, see Vt. LB Form A (model Declaration REF), and (2) a Notice of Electronic Filing ("NEF") which includes the electronic document stamp, see Vt. LB Appendix I (sample NEF). The Declaration REF with NEF may be filed electronically. See Vt. LBR 5003-1(b); see also Vt. LBR 9011-4(c) (regarding electronic signatures of non-attorneys). (b) Original Petition and Schedules to be Brought to § 341 Meeting. The debtor or the debtor's attorney shall bring the original, executed petition, schedules and statements, and, if the debtor is an individual, the "Statement of Social Security Number(s)" ("Official Form 21" or "Form 21") to the meeting of creditors held pursuant to § 341 (hereinafter, "the § 341 meeting of creditors"). See also Vt. LBR 4002-1(d) (providing list of documents a debtor is required to present to the case trustee at the § 341 meeting of creditors). (c) Fax Filings. The Clerk's Office will accept facsimile (hereinafter, "fax") filings transmitted directly to its fax machine to commence a case if accompanied by appropriate credit card authorization. See Vt. LBR 5081-1(c). The credit card authorization shall be specified on a separate page of the fax transmission. The case shall be deemed commenced at the date and time entered into the CM/ECF System by the Clerk's Office, NOT the time of transmission of the fax. See also Vt. LBR 5005-4(a) (providing further instructions on fax filings). (d) E-Mail Filings. The Clerk's Office will accept e-mail filings only in those circumstances where filing via CM/ECF or via fax is not possible or practical; the e-mail transmitting the filing shall include an explanation of those alleged circumstances. Documents submitted via e-mail for filing are to be in portable document format (PDF) only. See Vt. LBR 5005-1 (providing detailed instructions on proper formatting of documents). Such documents are to be e-mailed to: [email protected]. A document submitted via e-mail for filing shall be deemed filed as of the date and time it is entered into the CM/ECF System by the Clerk's Office, NOT the time of transmission of the e-mail. The filing party is bound by the document as e-mailed. See also 9011-4(d) (providing further instructions on e-mail filings). (e) Non-Electronic Filings. If filed on paper, an original of all petitions filed under Chapters 7, 12, and 13 of the Bankruptcy Code, and an original and three (3) copies of all petitions filed under Chapters 9 and 11 of the Bankruptcy Code, shall be filed with the Clerk of the Bankruptcy Court ("the Clerk"). Only an original of the master mailing list is required. The original petition, together with the schedules and statement, should not be bound or stapled, but rather should be
1
VT. LBR 1005-1. PETITION CAPTION
held together with a paper or binder clip; however, each copy should be stapled. Mailing lists shall not be bound to the individual petition packages, but rather shall be attached by paper or binder clip and placed at the end of the original petition, schedules and statements. A document submitted on paper for filing shall be deemed filed as of the date and time it is entered into the CM/ECF System by the Clerk's Office, NOT the time of submission. (f) Corporate Resolution/LLC Authority. A voluntary petition filed by a corporation shall be accompanied by a copy of the corporate resolution or other appropriate authorization, duly attested to, authorizing such filing. A voluntary petition filed by a limited liability company ("LLC") shall be accompanied by a copy of the appropriate authorization, duly attested to, authorizing such filing. (Note: Neither a corporation nor an LLC may proceed pro se in a bankruptcy case; each must be represented by an attorney.) VT. LBR 1003-1. INVOLUNTARY PETITION Reserved VT. LBR 1004-1. PETITION PARTNERSHIP Reserved VT. LBR 1005-1. PETITION CAPTION The caption on the petition, including other names used, must be complete and accurate. All documents filed in the case must contain a caption identical to the caption on the petition. A case filed by an individual debtor shall not show any corporate names in the case caption unless the relationship between the debtor and the corporation is clearly articulated in the caption. Any reference to the debtor's Social Security number or other identifying number shall be in redacted form (e.g., for a Social Security number, only the last four (4) digits should be included, such as: XXX-XX-1234). See Vt. LBR 5001-3(c) (providing instructions on redacting personal data identifiers). VT. LBR 1006-1. FEES RESTRICTIONS ON DEBTORS; INSTALLMENT PAYMENTS; WAIVER OF FILING FEE (a) Restrictions on Debtors. Debtors may not pay the petition filing fee with their own checks or with their own credit cards. See Vt. LBR 5081-1(a). (b) Installment Payments. Upon order of the Court approving an application, an individual may pay the filing fees in installments. The debtor must make installment payments in the form of cash, certified check, bank draft or money order only. (c) Waiver of Filing Fee. A Chapter 7 debtor who cannot afford to pay the filing fee either in full at the time of filing the petition or in installments may request a waiver of payment. Such request shall be made on application to the Court using Official Form B3B. (Note: The form-- with related instructions--is available through a link on the Court's website at http://www.vtb.uscourts.gov under the "Legal Resources Page"; click on "Official Bankruptcy Forms".) The bankruptcy judge will determine whether the filing fee will be waived. By law, a waiver of the filing fee may be granted only if the applicant demonstrates (1) the requesting debtor's income is less than 150 % of the official poverty line applicable for the debtor's family
2
VT. LBR 1007-1. LISTS, SCHEDULES, STATEMENTS, & OTHER DOCUMENTS; TIME LIMITS
size and (2) the debtor is unable to pay the filing fee in installments. See Bankruptcy Rule 1006(c) and 28 U.S.C. § 1930(f). The judge's determination will be communicated by order. See also Vt. LBR 5081-1(e) (regarding waiver of other fees). VT. LBR 1007-1. LISTS, SCHEDULES, STATEMENTS, & OTHER DOCUMENTS; TIME LIMITS (a) Schedules of Assets in All Chapters. (1) All Assets to be Disclosed. The debtor must list all assets in which the debtor has any interest, regardless of where the asset is located, the nature of the debtor's interest or whether the debtor believes the asset to be within the definition of property of the estate. The debtor must describe all assets with sufficient specificity to allow for easy identification of the assets. (2) Business Inventory or Equipment. When a stock of goods or business equipment is scheduled, the debtor shall provide an addendum to Schedule B which includes, at a minimum, a general description, a list of present items, a brief explanation of the exact location of the item(s), the name and address of the custodian, the protection being given such property, and the amount and duration of fire and theft insurance, if any. (b) Schedules of Debts in All Chapters. All schedules of debts filed in conjunction with a petition shall be complete and include the date and nature of the consideration for each debt as required by the official forms. The debtor shall list all debts even if the debtor does not expect all creditors to file proofs of claim. See also Vt. LBR 4002-1(d)(1). (c) Payment Advices Cover Sheet. In addition to complying with the requirements of § 521(a)(1)(B)(iv), a debtor shall also file the local form entitled "Payment Advices Cover Sheet," see Vt. LB Form B, certifying under penalty of perjury, one of the following: (1) That copies of all existing payment advices are attached to the Payment Advices Cover Sheet and indicating: (A) the total number of payment advices attached; (B) the period covered by those payment advices; and (C) the number of employers who issued those payment advices; (2) That no payment advices are attached to the Payment Advices Cover Sheet because the debtor had no income from any employer within the 60-day period prior to the date of the filing of the petition; or (3) That some or all of the payment advices are not attached to the Payment Advices Cover Sheet together with an explanation as to why. If the case is a joint one, the joint debtor must also certify under penalty of perjury which of the three (3) options outlined in the Payment Advices Cover sheet applies to him/her. See also Vt. LBR 9011-4(c) (outlining signature requirements for non-attorneys). (d) Certificate from Approved Nonprofit Budget and Credit Counseling Agency Regarding Pre-Petition Credit Counseling. See Vt. LBR4002-1(a), (b); cf. Vt. LBR 4004-2(a) (regarding filing certification evidencing completion of post-petition financial management education).
3
VT. LBR 1007-1. LISTS, SCHEDULES, STATEMENTS, & OTHER DOCUMENTS; TIME LIMITS
(e) Official Form 21, Statement of Debtor's Social Security Number(s). Every debtor shall complete and verify Official Form 21, Statement of Debtor's Social Security Number(s), as required by Bankruptcy Rule 1007(f). When the bankruptcy case is filed on paper, the completed and verified Official Form 21 shall be submitted with the petition. When the bankruptcy case is filed electronically, the completed and verified Official Form 21 shall be retained by the debtor's attorney for five (5) years in accordance with Vt. LBR 9011-1(b) or, if the debtor is pro se, by the debtor for five (5) in accordance with Vt. LBR 9011-2(b). (f) Definition of "Submitted". The term "submitted" as used in Bankruptcy Rule 1007(f) and in these Local Rules means that the document at issue is not considered filed in the case and is not part of the case docket or the public court record. (g) Debtor's Affidavit to be Filed in Chapter 11 Case. A debtor in a Chapter 11 case shall file an affidavit setting forth: (1) in the instance of a case originally filed under Chapter 7, 12, or 13 and subsequently converted to a case under Chapter 11, the name and address of any trustee appointed in the case commenced under Chapter 7, 12, or 13; (2) the names and addresses of the members of any committee organized prior to the order for relief in the Chapter 11 case, any attorney for such committee, and a brief description of the circumstances surrounding the formation of any committee and the date of its formation; (3) the nature of the debtor's business and a concise statement of the circumstances leading to the debtor's Chapter 11 filing; (4) the number of classes of shares of stock, debentures, or other securities of the debtor that are publicly held, and the number of holders of those interests, listing separately those held by the debtor's officers and directors and the amounts so held; (5) a list of all property of the debtor in the possession or custody of a custodian, public officer, mortgagee, pledgee, assignee of rents, receiver, secured creditor, or the agent of any of these entities, giving the name, address, and telephone number of each and the court, if any, in which a related proceeding is pending; (6) the nature and present status of each action or proceeding pending or threatened against the debtor or its property, including the court and identifying number within that court, and each opposing counsel's name, address, and telephone number, except for cases that fit within § 524(g); and (7) a list of all the real estate owned, leased, or held under other arrangements. (h) Additional Information Required if a Business Continues Operating. If the Chapter 11 debtor is continuing the operation of a business, the affidavit required under paragraph (e) above shall also set forth: (1) the estimated amount of weekly, bi-weekly, or monthly payroll and reimbursed expenses to employees, officers, partners, or other related individuals for the 30-day period following the filing of the Chapter 11 petition;
4
VT. LBR 1007-2. DISMISSAL FOR FAILURE TO FILE REQUISITE DOCUMENTS
(2) an estimated schedule of cash receipts and disbursements, in 30-day increments, covering the debtor's business operations for 90 days following the Chapter 11 filing; and (3) proof of all insurance. (i) When to File Additional Business Information. In a voluntary Chapter 11 case, the debtor's affidavit referred to in paragraphs (g) and (h) above shall accompany the petition. In an involuntary Chapter 11 case, the affidavit shall be filed within [15] days after the entry of the order for relief, unless the Court orders otherwise. (j) Waiver of Requirements. On application of the debtor showing that it is impracticable or impossible to furnish some or all of the foregoing information and on notice to the Office of the U.S. Trustee, with seven (7) days to object, the Court may dispense with any of the foregoing requirements. VT. LBR 1007-2. DISMISSAL FOR FAILURE TO FILE REQUISITE DOCUMENTS See Vt. LBR 4002-3; see also Vt. LBR 4002-1; Vt. LBR 4002-2. VT. LBR 1007-3. MAILING LIST (a) Master Mailing List. The master mailing list shall include all creditors, any federal agencies and officers, and any state agencies and officers required to receive notice. The Clerk maintains a list of the names and addresses of federal entities voluntarily submitted by the entities. This list of addresses may be amended from time to time by the Clerk's Office and is available on the Court's website at http://www.vtb.uscourts.gov and at the public counter at the Court. (1) The mailing list must include the United States in the following format under the following circumstances: (A) in all Chapter 9 and 11 cases and in filings under Chapters 7, 12, or 13 if a tax debt or potential tax claim or interest exists, the following address of the Internal Revenue Service must be included: Internal Revenue Service Centralized Insolvency Operation P.O. Box 21126 Philadelphia, PA 19114 (B) When a debt, potential claim or interest, other than taxes, exists regarding a federal department, agency or instrumentality, the mailing list must include both: (i) the name and address of the federal department, agency or instrumentality; and (ii) the United States Attorney's Office, using the following address format:
5
VT. LBR 1007-3. MAILING LIST
[NAME OF FEDERAL AGENCY] c/o United States Attorney 11 Elmwood Ave., 3rd Fl. P.O. Box 570 Burlington, VT 05402-0570 (C) This rule supplements, but does not replace, Bankruptcy Rule 2002(j). (2) When a debt or potential claim or interest exists regarding the State of Vermont, the mailing list must include the following addresses: (A) for a tax debt or potential tax claim: Vermont Department of Taxes Bankruptcy Unit, 3rd Fl. 109 State St. P.O. Box 429 Montpelier, VT 05601-0429 (B) when a debt, potential claim or interest, other than taxes, exists regarding the State of Vermont, the Attorney General for the State of Vermont must be added using the following address format: [NAME OF STATE AGENCY] c/o VT Attorney General 109 State St. Montpelier, VT 05609-1001 (3) Do NOT include the name and address of the debtor(s) or the attorney for the debtor(s) on the mailing list. (b) Additional Mailing List in Cases Filed Under Chapter 9 or Chapter 11. In Chapter 9 or Chapter 11 cases, in addition to the master mailing list required by paragraph (a) above, the debtor shall also attach a separate mailing list of the 20 largest unsecured creditors (excluding insiders) containing the names and complete mailing addresses and fax numbers for each of these creditors to ensure prompt noticing of the Creditors' Committee Organizational Meeting. The same procedure will be followed whenever a committee of equity security holders is to be organized. (c) Formatting Generally. Mailing lists must comply with the following guidelines: (1) be typed in a font size of no less than 12, using one of the following typefaces: Courier, Times New Roman, Arial or CG Times; (2) be typed in a single column on each page, with margins no less than ¾" and, if on paper, the list must be on plain 8½" x 11" paper; (3) be in both uppercase (capital) and lowercase letters;
6
VT. LBR 1007-4. OTHER DOCUMENTS REQUIRED
(4) limit each name/address block to no more than five (5) lines. The first line must contain the creditor/governmental agency name, with the remaining lines for the address, and leave a blank line to separate each name/address block from the previous name/address block; (5) have no line exceeding 40 characters in length; (6) have the nine-digit zip codes typed with a hyphen between the fifth and sixth digits; (7) if needed, have any attention lines or account numbers typed on the second line of the name/address block, and not on the last line. If account numbers are supplied, they should be supplied in redacted format, identifying the last four digits only (e.g., XXXX-XXXXXXXX-1234); and (8) if submitted on paper, be free of staples. (d) Mailing Lists for Cases Filed Electronically. For cases filed electronically, the master mailing list used to upload creditor information into the CM/ECF System must: (1) comply with the requirements of Vt. LBR 1007-3; and (2) be formatted as a text file (*.txt) in ASCII format. (e) Mailing Lists for Cases Filed Non-Electronically. For cases commenced through nonelectronic filing, the master mailing list used to upload creditor information into the CM/ECF System must comply with the requirements of Vt. LBR 1007-3. Vt. LBR 1007-4. OTHER DOCUMENTS REQUIRED See, e.g., Vt. LBR 4002-2; Vt. LBR 4004-2; Vt. LBR 4008-1. VT. LBR 1008-1. VERIFICATION OF PETITIONS & ACCOMPANYING PAPERS Reserved VT. LBR 1009-1. AMENDMENTS TO LISTS & SCHEDULES (a) Amendments Generally. All amendments must include the case name (as set forth on the petition), case number, and chapter. The party filing the amendment shall contemporaneously serve the amendment on the Office of the U.S. Trustee and the case trustee, if any, as well as on any other party entitled to notice. (b) Interlineation. No amendment by interlineation shall be permitted. The entire page or pages that the amendment affects shall be redrafted with the amendment redlined, underlined, or boxed in, and in such manner that the amended page(s) will be complete without referring to the page or pages that have been amended. (Note: When an amendment is submitted electronically and the submitting party uses the highlight function to indicate the amendment, the party should choose red highlighting (not yellow) to ensure the amendment continues to be easily identifiable if printed.) See also Vt. LB Form C (model "Notice of Amendment"). (c) Notification of New Creditors. The party making the amendment shall serve a copy of the "Notice of Chapter [7, 11, or 13] Bankruptcy Case, Meeting of Creditors, and Deadlines" and the amended list or schedule on any new creditor or party in interest added and on any party or
7
VT. LBR 1009-1. AMENDMENTS TO LISTS & SCHEDULES
creditor whose claim or address was directly affected by the amendment, and file a certificate of service with the Clerk. See also Vt. LB Form C (model "Notice of Amendment"). (d) Mailing Lists. If the debtor becomes aware of a changed address for any creditor or party in interest, or determines that it is necessary to add or delete a name and/or address to a mailing list, the debtor shall amend the mailing list as follows: (1) for an addition or change, including only the added or changed name and address in an amended mailing list; (2) for a deletion, placing an "X" through the information to be deleted from the mailing list. The amended mailing list is to be filed together with a "Notice of Amendment." See Vt. LB Form C. A debtor is not to amend the mailing list by correspondence. (e) Correcting Debtor's Social Security Number. Where the amendment is necessitated by an error in the debtor's Social Security number(s), the party filing the amendment shall follow these procedures: (1) If the error affects only the first five digits of the debtor's Social Security number, the debtor shall: (A) submit to the Clerk an "Amended Statement of Social Security Number(s) (Form 21)," reflecting the full and correct Social Security number, see Vt. LBR 5003-1(c); (B) serve upon all creditors, the case trustee, and the Office of the U.S. Trustee the Amended Statement of Social Security Number(s) (Form 21), reflecting the full and correct Social Security number; and (C) file with the Clerk a completed certificate of service, certifying service of the Amended Statement of Social Security Number(s) (Form 21) upon all creditors, the case trustee, and the Office of the U.S. Trustee. Attach a list of all creditors with their names and addresses, as well as the name and address of the case trustee, to the certificate of service. (Note: The Amended Statement of Social Security Number(s) (Form 21) should not be attached to the certificate of service so that it does not become part of the public record.) (2) If the error affects the last four digits of the debtor's Social Security number, in addition to subparagraphs (1)(A) through (1)(C) above, the debtor must also file with the Clerk an amended petition with the correct last four digits of the Social Security number. (f) Declarations. The debtor must file a new Declaration REF with each amendment. See Vt. LBR 5003-1(b); see also Vt. LB Form A. VT. LBR 1010-1. PETITION INVOLUNTARY Reserved VT. LBR 1011-1. RESPONSIVE PLEADING OR MOTION IN INVOLUNTARY & ANCILLARY CASES Reserved VT. LBR 1013-1. HEARING & DISPOSITION OF A PETITION IN AN INVOLUNTARY CASE Reserved
8
VT. LBR 1015-1. JOINT ADMINISTRATION/CONSOLIDATION
VT. LBR 1014-1. DISMISSAL & CHANGE OF VENUE Reserved VT. LBR 1015-1. JOINT ADMINISTRATION/CONSOLIDATION (a) Case Filed by a Husband and Wife. A husband and wife commencing a joint case may file a joint petition and pay one filing fee. Married debtors filing jointly shall file joint schedules and a joint statement of financial affairs. If an item on a schedule or statement requires a different response from each debtor, the responses shall be labeled "(H)" to designate husband or "(W)" to designate wife. Each asset and liability listed on the schedules or statements of married debtors filing jointly will be considered joint in nature, unless otherwise indicated. In all cases filed by a husband and wife under § 302, the Court will presume joint administration of the case and, in an asset case, the consolidation of the assets and liabilities, which shall be combined in a single pool to pay creditors unless and until a motion is made by a party in interest to terminate the consolidation. (b) Joint Administration of Related Cases. Unless otherwise ordered by the Court, motions for joint administration shall be presented in each of the subject cases, shall be served on all creditors and parties in interest, and shall designate which of the subject cases the debtors wish to have designated as the lead case. (1) Clerk's Duties. Upon the entry of an order of joint administration, the Clerk shall: (A) designate one of the cases to be the lead case for purposes of docketing and filing; (B) enter the original order of joint administration in the lead case; (C) enter the order of joint administration simultaneously on the dockets of all other cases covered by the order; and (D) thereafter, maintain only the lead case docket for all activity affecting any of the jointly administered cases, except that the Clerk shall maintain a separate docket for each petition (and any amendments to the petition) and shall maintain a separate claims register for each case. (2) Mailing List. The party obtaining an order of joint administration shall, within seven (7) days of the entry of the order, file with the Clerk a consolidated mailing list constituting a total mailing list of all interested parties in all the jointly administered cases without duplication. The mailing list must be in compliance with the requirements set forth in these Local Rules. See Vt. LBR 1007-3. (3) Additional Copies. In a Chapter 9 or a Chapter 11 case, the Clerk may require the parties to file additional copies of documents in jointly administered cases. (c) Substantive Consolidation of Related Cases. (1) Motion. Unless otherwise ordered by the Court, motions for substantive consolidation shall be presented in each of the subject cases, shall be served on all creditors and parties in interest, and shall designate one of the subject cases as the lead case.
9
VT. LBR 1017-1. DISMISSAL OF CASES
(2) Mailing List. Prior to the entry of an order of substantive consolidation, the movant shall request copies from the Clerk of the mailing lists for each of the cases affected by the order. The movant shall submit a supplemental, certified mailing list containing only those parties not already included on the mailing list from the main case without duplications or omissions. The mailing list must be in compliance with the requirements set forth in these Local Rules and shall be filed no later than seven (7) days after entry of the order granting the motion for substantive consolidation. (3) Caption, Docket Entries, and Filing. Prior to the entry of an order of substantive consolidation, all documents shall be captioned by their individual titles. Once the cases have been ordered substantively consolidated, they will be treated as one case for all purposes, with a single case number, caption, claims register, and docket. (d) Termination of Substantive Consolidation. Parties seeking to terminate consolidation of cases must file a motion to terminate consolidation: (1) in a Chapter 7 asset case, no later than the date of the meeting/hearing scheduled by the Notice of Filing of Final Account of Trustee, and such motion may be heard separately or in conjunction with the approval of the final account; (2) in a Chapter 12 or Chapter 13 case, no later than 60 days after the last date for filing a claim, provided that any creditor who files a claim has 60 days after the claim is timely filed to move to terminate the consolidation; and (3) in a Chapter 11 case, prior to the entry of an order confirming the plan, unless claims are permitted to be filed after confirmation, in which case the motion shall be filed within the period specified for Chapter 12 or 13 cases. The motion shall be adjudicated as if a substantive consolidation order had not been entered in the first instance. Termination of consolidation shall apply retroactively, and post-petition acquisitions of the estate allocated accordingly, to the extent proceedings in the meantime have not rendered that impossible. VT. LBR 1015-2. RELATED CASES Reserved VT. LBR 1016-1. DEATH OR INCOMPETENCY OF DEBTOR Reserved VT. LBR 1017-1. DISMISSAL OF CASES (See generally Vt. LB Appendix II.) (a) Effect on Related Adversary Proceedings and Contested or Other Matters. Whenever a bankruptcy case is dismissed, any related adversary proceeding, contested matter or any other pending matter shall likewise be dismissed without prejudice and without further order of the Court, unless the Court orders otherwise. Cases with pending appeals may be dismissed, but the dismissal of the case shall not be deemed to deprive any appellate court of its jurisdiction. A party to an adversary proceeding that is deemed dismissed under this Rule may have the proceeding reinstated upon a motion filed within 30 days' notice of entry of the order dismissing
10
VT. LBR 1017-2. CONVERSIONS
the underlying bankruptcy case showing that dismissal of the case does not render the adversary proceeding moot. (b) Special Provisions Required in Motions to Dismiss Chapter 13 Cases. A party filing a motion to dismiss a Chapter 13 case must set forth the status of the debtor's payment of attorney fees to the debtor's attorney or state this information is not available to the movant. (1) When the Debtor is the Movant. When the debtor is the movant, the motion to dismiss must include: (A) the total fee the debtor agreed to pay the attorney for the Chapter 13 case; (B) the amount paid to the attorney to date; (C) the amount the attorney has earned to date; and (D) whether the attorney has agreed to refund any portion of the fee paid to him/her or waive any portion of the unpaid balance upon dismissal of the case. (2) When a Creditor or the Case Trustee is the Movant. When a creditor or the case trustee is the movant, the motion to dismiss must specify whether the movant seeks to have the debtor's attorney refund a portion of the fee paid to him/her or waive any portion of the unpaid balance upon dismissal of the case. See also Vt. LBR 2016-2(c). VT. LBR 1017-2. CONVERSIONS (See generally Vt. LB Appendix II.) (a) Conversion from Chapter 7 to Chapter 13. See Vt. LBR 9013-1(e). (b) Conversion from Chapter 11 to Chapter 7. If a Chapter 11 debtor seeks to convert to Chapter 7, the debtor must file an ex parte motion affirming that the requirements of § 1112(a) have been met and serve the motion on the Office of the U.S. Trustee. (c) Conversion from Chapter 13 to Chapter 7. See Bankruptcy Rule 1017 [Interim]; Vt. LB Appendix II. VT. LBR 1019-1. CONVERSION PROCEDURE FOLLOWING Reserved VT. LBR 1020-1. CHAPTER 11 DESIGNATION OF SMALL BUSINESS CASES (a) Motion Required. Upon motion made by any party at any time, the Court may order that a Chapter 11 case be designated as a "small business case"; the movant must demonstrate the debtor has the elements identified in § 101(51C) or there is other good cause warranting the designation. (b) Effect of Designation. Small business cases shall proceed in an expedited manner as set forth in the Bankruptcy Code in §§ 1116, 1121(e), 1125(f), and 1129(e).
11
VT. LBR 1072-1. LOCATION OF COURT HEARINGS & WHERE TO FILE DOCUMENTS
(c) Rescission of Designation. Any party in interest or the Office of the U.S. Trustee may, at any time, file a motion requesting that the Court rescind a Chapter 11 small business case designation. Further, the Court, for good cause, may at any time, with or without motion or notice, order that a Chapter 11 small business designation be rescinded. VT. LBR 1070-1. JURISDICTION Reserved VT. LBR 1071-1. DIVISIONS BANKRUPTCY COURT Reserved VT. LBR 1072-1. LOCATION OF COURT HEARINGS & WHERE TO FILE DOCUMENTS (a) Hearing Location. The Court shall convene hearings in both Rutland, Vermont and Burlington, Vermont at least once each month. Movants shall schedule hearings in the location where the § 341 meeting of creditors is (was) scheduled, unless otherwise agreed between the interested parties or due to exigent circumstances as determined by the Court. All hearing notices shall specify the location of the hearing. See Vt. LBR 9013-2(c)(2), (3). (b) Filing Location. Except by leave of the Court or by a showing of exigent circumstances, any non-electronic documents filed in connection with a hearing shall be filed with the Clerk in Rutland, Vermont regardless of where the hearing is to be held. VT. LBR 1073-1. ASSIGNMENT OF CASES Reserved VT. LBR 1074-1. CORPORATIONS See Vt. LBR 1002-1(f). PART II VT. LBR 2002-1. NOTICE TO CREDITORS & PARTIES IN INTEREST (a) Duty to Provide Notice. Unless otherwise directed by these Local Rules, by the Federal Rules of Bankruptcy Procedure ("the Bankruptcy Rules"), or by Title 11 of the United States Code ("the Bankruptcy Code"), the Clerk is authorized to designate the parties who must serve notice on creditors and other parties in interest when notice is required under the Bankruptcy Code, the Bankruptcy Rules or these Local Rules. Unless otherwise specified by the Court, the movant must give at least seven (7) days' notice of any hearing, and file a certificate of service prior to the deadline for the filing of objections. See Vt. LBR 9013-6(c). Failure to serve timely and proper notice may result in dismissal of the motion, no action on the motion, and/or an order directing the movant to pay costs if a party is prejudiced by the movant's failure to serve the motion timely and properly. (b) Chapter 13 Plans. The Clerk shall give notice of the time fixed for objecting to the proposed plan. In the case of an amendment or modification to the plan, the Court shall direct the debtor's attorney (or debtor if pro se) to give notice of the time fixed for objecting to the proposed amended or the proposed modified plan.
12
VT. LBR 2002-2. NOTICE TO UNITED STATES OR A FEDERAL AGENCY
(c) Mailing List. When these Local Rules require or permit notice to be given to creditors and other parties in interest by a party other than the Clerk, upon request by such party, the Clerk shall provide the party with a mailing list. (d) Method of Service. Notices and documents required to be sent by a party other than the Clerk shall be served: (1) personally; (2) by e-mail if the recipient has consented to e-mail service; (3) by fax if the recipient has consented to fax service; or (4) by U.S. mail (first class, postage prepaid). But see Vt. LBR 9013-2(b). In emergency situations and with Court approval, notice may be provided by telephone. See also Vt. LBR 9075-1(b)(2). (e) Service on the Office of the U.S. Trustee by Parties Not Yet Registered For CM/ECF. Parties who are not yet registered users of the CM/ECF System shall serve the Office of the U.S. Trustee with all notices of motion (setting forth the date of the hearing and the deadline for filing responses, if any), together in the same envelope with the motion, supporting affidavits, exhibits, and a copy of the certificate of service. All ex parte applications, accompanied by the required affidavits and exhibits, shall be served upon the Office of the U.S. Trustee contemporaneously with the filing of the documents with the Clerk's Office. See also Vt. LBR 4002-1(f) (regarding monthly operating reports). (f) Forms of Service. Where service is not via the CM/ECF System, if a motion consists of several documents, the movant shall serve all parties entitled to service of the motion papers, the exhibits, and the notice of hearing, in a single e-mail, a single fax transmission, or a single envelope. (g) Content of Motions. Motions shall state with particularity the relevant section of the law and the relevant procedure or rule upon which the movant relies, shall specify all relief requested, and shall include a brief statement explaining why the relief should be granted. See also Vt. LBR 9013-5. VT. LBR 2002-2. NOTICE TO UNITED STATES OR A FEDERAL AGENCY See Vt. LBR 1007-3(a)(1). VT. LBR 2002-3. UNITED STATES AS CREDITOR OR PARTY Reserved VT. LBR 2003-1. MEETING OF CREDITORS & EQUITY SECURITY HOLDERS (a) Waiver of Debtor's Appearance. On motion by or on behalf of a debtor setting forth an adequate showing of exigent circumstances, and with the written consent of the case trustee, the Court may excuse or otherwise waive a debtor's attendance at a duly noticed § 341 meeting of creditors on such terms as approved by the case trustee. This motion does not require a hearing. (b) Documents Required at § 341 Meeting of Creditors. The debtor or the debtor's attorney shall bring the original, executed petition, schedules and statements to the § 341 meeting of creditors. Failure to do so may result in the debtor and the debtor's attorney being required to appear at subsequent § 341 meetings of creditors. See also Vt. LBR 1002-1(b); Vt. LBR 4002-1(d); Vt. LBR 4002-2.
13
VT. LBR 2003-2. CHAPTER 11--CREDITORS' COMMITTEE DUTY TO PROVIDE INFORMATION
VT. LBR 2003-2. CHAPTER 11--CREDITORS' COMMITTEE DUTY TO PROVIDE INFORMATION (a) Duty Generally; Applicable Standard. An official committee of general unsecured creditors (hereinafter, the "Creditors' Committee" or "Committee") is required to provide certain information to those creditors represented by the Creditors' Committee. See § 1102(b)(B)(A). The Creditors' Committee shall use its reasonable business judgment to determine the appropriate content, scope, and method of communicating this information. (b) Method for Requesting Information; Committee's Notification of Preferred Method of Communication. Until notified otherwise, a creditor represented by the Creditors' Committee may request information from the Committee by telephone or in writing (via e-mail, fax, or U.S. mail). The Committee shall provide to such creditor access to documents, pleadings, and other materials by any means that it believes will provide a relevant, informative, and complete response to said creditor's request. No later than 21 days after appointment of its counsel, the Creditors' Committee shall notify all creditors it represents of its preferred method of receiving inquiries from those represented creditors. (c) Confidential Information. The Creditors' Committee is not authorized or required to provide access to any confidential information of the debtor or of the Committee to any creditor. "Confidential information" shall mean: (1) any non-public information that is the subject of a written confidentiality agreement between the Creditors' Committee and the debtor or between the Committee and another entity, or (2) any other non-public information, the confidentiality of which is necessary in order to successfully perform its duties and was (A) otherwise furnished, disclosed, or made known to the Committee by the debtor, whether intentionally or unintentionally, and in any manner, or (B) developed by professionals employed by the Committee, the disclosure of which the Creditors' Committee reasonably believes would impair the performance of its duties. "Confidential information" shall not include any information or portion thereof that (1) is or becomes generally available to the public or is or becomes available to the Creditors' Committee on a non-confidential basis, in each case to the extent that such information became so available other than by a violation of a contractual, legal or fiduciary obligation to the debtor; or (2) was in the possession of (A) the Committee prior to its disclosure by the debtor, or (B) professionals in the employment of the Committee, and is not subject to any other duty or obligation to maintain confidentiality. (d) Privileged Information. The Creditors' Committee is not authorized or required to provide access to any privileged information of the Committee's to any creditor. "Privileged information" shall mean any information subject to the attorney-client privilege or any other state, federal, or other privilege, whether such privilege is controlled solely by the Creditors' Committee or is a joint privilege with the debtor or some other party. However, the Committee is permitted, but not required, to provide access to privileged information to any party as long as: (1) such privileged information is not confidential information; and (2) the relevant privilege is held and controlled solely by the Committee. (e) Motion to Compel Disclosure. Where the Creditors' Committee fails or refuses to provide a represented creditor with the information requested by said creditor, such creditor may move to compel the Committee to produce the requested information. Such motion shall be treated as a discovery dispute. See Vt. LBR 7026-1(g).
14
VT. LBR 2014-1. EMPLOYMENT OF PROFESSIONALS
VT. LBR 2004-1. DEPOSITIONS & EXAMINATIONS Reserved VT. LBR 2007-1. CHAPTER 11 TRUSTEES & EXAMINERS Reserved VT. LBR 2007.2-1. APPOINTMENT OF PATIENT CARE OMBUDSMAN IN HEALTH CARE BUSINESS CASE Reserved VT. LBR 2010-1. TRUSTEES BONDS/SURETY Reserved VT. LBR 2014-1. EMPLOYMENT OF PROFESSIONALS (a) Retention Procedure. Whenever a party employs a professional whose employment requires court approval under the Bankruptcy Code or Bankruptcy Rules, it is the duty of primary counsel for the employing party to ensure that such approval is properly sought and to advise the professional of the requirements and risks, if any, pertaining to the professional's ability to subsequently obtain compensation and reimbursement of expenses from the estate. (b) Applications for Retention. A professional shall file an application for retention on 14 days' notice to the Office of the U.S. Trustee. All applications for retention, whether made directly by a professional or on behalf of a professional, shall include the professional's name, complete mailing and street addresses, telephone and fax numbers, and e-mail address. The Court shall consider the application ripe for a ruling upon the earlier of: (1) the filing of a response by the Office of the U.S. Trustee; or (2) the expiration of the 14-day notice period. Unless otherwise ordered by the Court, no hearing is necessary on an application for retention of a professional. (c) Proposed Order to Accompany Application for Retention. In addition to the application for retention, the applicant shall submit a proposed retention order stating, inter alia, that the professional's compensation is subject to Court approval. See also Vt. LBR 9072-1(b) (directing proposed orders be filed as attachments to applications and motions). (d) Applications for Compensation. See Vt. LBR 2016-1. VT. LBR 2015-1. TRUSTEES GENERAL DUTIES Reserved VT. LBR 2015-2. DEBTOR-IN-POSSESSION CHAPTER 13 INVOLVING BUSINESS DEBTOR Business Operating Orders. Chapter 13 operating orders will not be issued as a matter of course in every Chapter 13 case involving a business debtor. Where the debtor is operating a business and/or where the debtor's primary assets and/or debts are business-related, a business operating order may be issued by the Court on its own initiative, upon a motion by the Chapter 13 case trustee, or upon a motion by any other interested party. A Chapter 13 operating order shall include such terms as the Court deems appropriate in each particular case. VT. LBR 2015-3. TRUSTEES REPORTS & DEPOSITIONS OF RECORDS
15
VT. LBR 2016-1. COMPENSATION OF PROFESSIONALS
Reserved VT. LBR 2015-4. TRUSTEES CHAPTER 12 Reserved VT. LBR 2015-5. TRUSTEES CHAPTER 13 Reserved VT. LBR 2016-1. COMPENSATION OF PROFESSIONALS (a) Fee Application Guidelines. Any entity seeking interim or final compensation for professional services or reimbursement of necessary expenses must comply with Bankruptcy Rule 2016, the United States Trustee Guidelines for Reviewing Applications for Compensation and Reimbursement of Expenses Filed Under 11 U.S.C. § 330, Appendix A to 28 C.F.R. § 58 ("UST Fee Guidelines"), and applicable case law. See also Vt. LBR 2014-1(d); Vt. LBR 6005-1 (regarding appraisers and auctioneers). (b) Applications for Compensation of $1,000 or Less. Where a professional seeks compensation in an amount equal to or less than $1,000, the professional shall file an application for compensation on 14 days' notice to the Office of the U.S. Trustee. Such applications for compensation, whether made directly by a professional or on behalf of a professional, shall include the professional's name, complete mailing and street addresses, telephone and fax numbers, and e-mail address. The Court shall consider such applications ripe for ruling upon the earlier of: (1) the filing of a response by the Office of the U.S. Trustee; or (2) the expiration of the 14-day notice period. The Court may schedule a hearing on the application if it deems a hearing is necessary. Where a professional seeks compensation in an amount greater than $1,000, he/she shall follow the procedures described in Bankruptcy Rule 2002(a) and may use the default procedures described in Vt. LBR 9013-4. (c) Certification Required. Either the trustee, debtor, or appropriate officer of the debtor must review the fee application of his/her/its professional and must file with the Clerk a certificate supporting or opposing the application before the Court will rule on the application. Where a professional other than one retained by the debtor or the case trustee (e.g., a professional retained by an official or unofficial committee) seeks compensation from the estate, the executive officer or chairperson of the retaining entity shall file a certificate supporting or opposing the application. (d) Retainers. In either a Chapter 11 or a Chapter 12 case, no drawing down of, or payment from, a retainer is allowed without a specific order of the Court, notwithstanding any agreements to the contrary between a debtor and his/her/its professionals. Such retainer funds shall be segregated in a separate interest-bearing account for the benefit of the debtor to the extent this is consistent with state IOLTA regulations. (e) Requirement to File Fee Applications. The Court, in its discretion, may order any debtor's attorney to file a fee application in any case pending under the Bankruptcy Code and may direct disgorgement of all or part of the fee if the Court finds the fee to be unreasonable or paid in violation of these Local Rules, the Bankruptcy Code, and/or the Bankruptcy Rules. See 11 U.S.C. § 329.
16
VT. LBR 2016-1. COMPENSATION OF PROFESSIONALS
(f) Real Estate Brokers. If approved in a retention order, a real estate broker may be paid the customary commission at closing, as defined in Vt. LBR 6004-1(a)(4), subject to disgorgement in the event the Court determines either the commission is unreasonable under the particular circumstances of the case or the estate is administratively insolvent. (g) Scope of Duties to be Performed by Debtor's Attorney for Flat Fee Charged. The flat fee charged by a Chapter 7 or 13 debtor's attorney must encompass the following services: (1) In both Chapter 7 and Chapter 13 cases: (A) analyzing the potential debtor's financial situation, and advising and assisting the potential debtor in determining whether to file a petition under the Bankruptcy Code; (B) preparing and filing the petition, and all required lists, schedules and statements; (C) filing the certificate received by the debtor from an approved nonprofit budget and credit counseling agency for pre-petition credit counseling; (D) filing the debtor's payment advices together with the "Payment Advices Cover Sheet" local form, see Vt. LB Form B; (E) representing the debtor at the § 341 meeting of creditors; (F) amending lists, schedules, statements, and/or other documents required to be filed with the petition to comport with developments that occurred before or at the § 341 meeting of creditors; (G) where appropriate, preparing and filing motions under 11 U.S.C. § 522(f) to avoid liens on exempt property; (H) where appropriate, preparing and filing motions, such as motions for abandonment or to clear title to real property owned by the debtor; (I) removing garnishments or wage assignments; (J) compiling and forwarding to the case trustee documents required by Vt. LBR 4002-1; and (K) preparing and filing the debtor's certification of completion of instructional course concerning personal financial management ("Official Form 23" or "Form 23"). (2) In addition to the tasks identified in subparagraph (1), above, in each Chapter 7 case where warranted by the facts of the case, the retained attorney shall provide the following services: (A) negotiating, preparing, and filing reaffirmation agreements; and (B) preparing and filing motions under 11 U.S.C. § 722 to redeem exempt personal property from liens; (3) In addition to the tasks identified in subparagraph (1), above, in each Chapter 13 case where warranted by the facts of the case, the retained attorney shall provide the following services:
17
VT. LBR 2016-2. PAYMENT OF CHAPTER 13 DEBTOR'S ATTORNEY'S FEES
(A) attending confirmation hearings and addressing all objections to confirmation; (B) where a debtor seeks to modify the amount of a secured claim pursuant to § 506(a), filing a valuation motion in accordance with Bankruptcy Rule 3012, and, where necessary, introducing evidence as to the value of the collateral securing the subject claim (typically at or in connection with the confirmation hearing); and (C) preparing and filing a motion for entry of the discharge order. (4) If a debtor and his/her attorney agree that the performance of the foregoing or other necessary services will require additional fees, this must be disclosed as an attachment or amendment to the required Bankruptcy Rule 2016(b) Statement. Such disclosure must explicitly state the additional charges and the conditions that will or have caused the additional fees to be incurred. This disclosure must be signed by the debtor as evidence of his/her agreement to the additional fees. VT. LBR 2016-2. PAYMENT OF CHAPTER 13 DEBTOR'S ATTORNEY'S FEES (a) Presumed Reasonable Fee in Chapter 13 Case. A fee of $2,500 or less shall be presumed reasonable and may be allowed as an administrative expense in a Chapter 13 case unless an objection is filed and sustained or the Court, sua sponte, determines otherwise. If the fee sought is over $2,500, both the plan and the attorney's Bankruptcy Rule 2016(b) Statement must set forth the reason the higher fee is warranted in the case. Attorneys must maintain time records and be prepared to demonstrate the reasonableness of all fees charged to debtors regardless of whether the amount charged is below, at, or above the presumed reasonable figure. (b) Payment of Debtor's Attorney's Fees in Chapter 13 Case. Attorney's fees set forth in the Bankruptcy Rule 2016(b) Statement that are not paid in full prior to the filing of the case must be paid through the debtor's plan, and may be paid ahead of other creditors if that treatment is both set forth in the plan and approved by the Court. Any attorney's fees incurred after the initial Bankruptcy Rule 2016(b) Statement must be disclosed promptly in an amended Bankruptcy Rule 2016(b) Statement, may be charged to the debtor only after approval by the Court, and must also be paid through the plan. (c) Duty of Applicant Seeking Compensation for Post-Petition Services. If an attorney renders services post-petition for which he or she wishes to be compensated, the attorney must file: (1) a fee application in a form and manner consistent with these Rules; (2) an amended Bankruptcy Rule 2016(b) Statement; (3) a motion to modify the plan to (A) increase the funds being paid to the plan, (B) extend the term of the plan, (C) include an alternate funding source, or (D) diminish the dividend to some creditors, if the funds being paid into the confirmed plan are not sufficient to fund the payment of fees sought; (4) a notice of motion; and (5) a certificate of service. (d) Consideration of Fees at Time of Dismissal. Any motion to dismiss a Chapter 13 case shall contain a request that the Court consider whether any fees paid, or due, to the debtor's attorney should be allowed based upon the timing of the dismissal (i.e., pre- or post-confirmation) and the work the attorney has performed through the date of the granting of the motion. See also Vt. LBR 1017-1(b).
18
VT. LBR 2090-1. ATTORNEYS ADMISSION TO PRACTICE
VT. LBR 2017-1. EXAMINATION OF DEBTOR'S TRANSACTIONS WITH DEBTOR'S ATTORNEY Reserved VT. LBR 2018-1. INTERVENTION; RIGHT TO BE HEARD Reserved VT. LBR 2019-1. REPRESENTATION OF MULTIPLE PARTIES Reserved VT. LBR 2020-1. U.S. TRUSTEE REVIEW OF ACTS Reserved VT. LBR 2090-1. ATTORNEYS ADMISSION TO PRACTICE (a) Admission of Attorneys Generally. The District Court Local Rules generally govern admission of attorneys to the Bankruptcy Court except when inconsistent with these Local Rules. (For example, District Court Local Rule 83.2(c) governs the admission of attorneys for the United States to this Court.) However, attorneys must register for the CM/ECF System as a pre-requisite to filing documents in this Court, unless, upon motion, the Court waives the registration requirement. See Vt. LBR 5005-3; see generally Vt. LBR 9011-1. Any notice of appearance filed by an attorney who is not registered for the CM/ECF System must include a statement of consent to service by e-mail and include the filer's e-mail address. (b) Admission of Attorneys Pro Hac Vice. (1) Application for Admission. Any attorney who is a member in good standing of the Bar of any federal court or of the highest court of any state may apply for pro hac vice admission to this Court by fulfilling the following requirements: (A) Motion. Only a member in good standing of the Bar of this Court who is actively associated with the applicant in the subject case or proceeding may move for the applicant's pro hac vice admission; (B) Supporting Affidavit. The attorney seeking admission ("the applicant") must attach to the motion an affidavit containing the following information: (i) the applicant's office mailing address, e-mail address, telephone number, and fax number; (ii) a list of the courts to which the applicant has been admitted to practice and the dates of admission; (iii) a statement that the applicant is in good standing and eligible to practice in those courts; (iv) a statement that the applicant is not currently suspended or disbarred in any jurisdiction; (v) a statement describing the nature and status of any pending disciplinary matters involving the applicant;
19
VT. LBR 2090-1. ATTORNEYS ADMISSION TO PRACTICE
(vi) an affirmation that the applicant has read the District Court Local Rules and these Local Rules; and (vii) a statement that the applicant has registered to use the CM/ECF System in this District or in another district with comparable CM/ECF training, or a statement that the applicant shall complete CM/ECF training and be registered within 28 days of the Court granting pro hac vice admission, and that the movant shall effectuate electronic filings until the applicant is so registered; (C) Fee. The current rate established for the fee shall be paid to "Clerk, U.S. District Court" and must accompany the motion. The fee is non-refundable. The Clerk shall waive the admission fee for admission of federal government counsel. (2) Revocation. The Court may revoke pro hac vice admission for good cause at any time and without a hearing. (3) Local Counsel. Unless excused by the Court for good cause, an attorney admitted pro hac vice must remain at all times associated in the action with a member of the Bar of this Court upon whom all process, notices, and other papers must be served, who must sign all filings, and whose attendance is required at all hearings. (4) Filing Documents Prior to Entry of Order Granting Pro Hac Vice Admission. An attorney who is not admitted may file documents once the pro hac vice application is filed (and prior to entry of the order granting pro hac vice admission), but the time period for filing the responsive pleading does not commence until local counsel files a notice of appearance. (5) Pro Hac Vice Admission for State Government Counsel. A state government attorney who desires to appear in a case or proceeding pending before this Court may apply for admission under this Rule. (6) Waiver. Pro hac vice admission is not required for an attorney to file a motion for relief from stay under 11 U.S.C. § 362 or to file a proof of claim. To the extent litigation is necessary for the determination of a motion for relief from stay or the allowance of a proof of claim, pro hac vice admission is required, unless waived by the Court. (c) Interns and Law Clerks. (1) Requirements to be met Prior to Appearance in Court. An eligible law student intern or graduate of an approved law school who is not currently admitted to practice (hereafter, "law clerk") may appear on behalf of a party if he or she: (A) registers as a law clerk under the requirements of the Vermont Supreme Court's Rules of Admission to the Bar (see Rule 13 of The Rules of Admission to the Bar of the Vermont Supreme Court); (B) is under the supervision of a member of the Bar of this Court; and (C) has written consent from the party being represented.
20
VT. LBR 2090-1. ATTORNEYS ADMISSION TO PRACTICE
(2) Supervising Attorney. The attorney who supervises an intern or law clerk must: (A) be a member of the Bar of the United States Bankruptcy Court for the District of Vermont; (B) assume professional responsibility for the intern's or law clerk's work; (C) oversee and assist the intern or law clerk to the full extent necessary; (D) introduce the intern or law clerk to the Court at his/her first appearance and appear with him/her at all subsequent court appearances unless the Court waives the supervisor's presence; (E) file a written agreement to supervise the intern or law clerk under these Local Rules; and (F) notify the Court in writing when the intern's or law clerk's eligibility has terminated under the provisions of subparagraph (6) below. (3) Law Student Intern Requirements. To appear pursuant to these Local Rules, the law student intern must: (A) be enrolled in good standing at a law school approved by the American Bar Association; (B) have completed legal studies amounting to at least two (2) semesters of credit, or the equivalent, in a law school approved by the American Bar Association; and (C) not be employed or compensated by a client. (Note: This Rule does not prevent an attorney, legal aid bureau, law school, public defender, or other agency from compensating a law student intern.) (4) Law Clerk Requirements. To appear pursuant to these Local Rules, a law clerk must: (A) be a graduate of a law school approved by the American Bar Association and be in the process of completing the clerkship requirements of the Vermont Supreme Court's Rules of Admission to the Bar; or (B) have completed legal clerkship and studies amounting to at least three (3) years pursuant to the Vermont Supreme Court's Rules of Admission to the Bar under the supervision of a member in good standing of the Bar of the State of Vermont; and (C) not be employed or compensated by a client. (Note: However, this Rule does not prevent an attorney, legal aid bureau, law school, public defender, or other agency from compensating a law clerk.) (5) Limitations on Role. The law student intern or law clerk supervised in accordance with these Local Rules may: (A) appear as counsel in Court or at other proceedings upon the filing of the written consent of the client and supervising attorney referred to above at paragraphs (c)(1) and (2), and upon the Court's approval of the intern's or law clerk's request to appear; and
21
VT. LBR 2090-2. ATTORNEYS DISCIPLINE & DISBARMENT
(B) prepare and sign motions, petitions, answers, briefs, and other documents in connection with any matter in which he/she has met the conditions of subparagraph (5)(A) above. However, each such filed document must also be signed by the supervising attorney. (6) One-Year Limit. A law clerk's approval to appear under these Local Rules expires at the end of one (1) year after the date he or she graduated from an approved law school (or completed the four (4) years of legal studies in Vermont under the supervision of a practicing Vermont attorney as required by the Vermont Supreme Court's Rules of Admission to the Bar). VT. LBR 2090-2. ATTORNEYS DISCIPLINE & DISBARMENT This Court shall enforce the disciplinary rules set forth in Local Rule 83.2(d) of the District Court Local Rules when circumstances warrant discipline in this Court. VT. LBR 2091-1. ATTORNEYS WITHDRAWALS (a) Withdrawal of Attorney for the Debtor. Except as described in paragraph (b) below, an attorney who has appeared as attorney of record for a debtor may withdraw only upon order of the Court. No order of withdrawal will be issued without a hearing, except the Court, in its sole discretion, may waive the hearing upon receipt of a written stipulation of withdrawal signed by both the attorney and debtor. An order granting withdrawal of debtor's attorney shall be served on all other parties in the case and/or proceeding in the manner set forth in paragraph (c) below. (b) Substitution of Attorney for the Debtor. An order allowing a substitution of attorney for the debtor may be issued without a hearing if a stipulation or substitution of counsel agreement (with the signature of the debtor, the withdrawing attorney, and the substituting attorney) is filed with the application for withdrawal. However, in its discretion, the Court may schedule a hearing to determine whether to approve the substitution (e.g., where the substitution request is filed within seven (7) days of a hearing on a contested matter or within seven (7) days of a trial). If issued, the order granting the substitution shall be served on all other parties in the case and/or proceeding in the same manner as is set forth in paragraph (c) below. An attorney commencing employment in the case as substitute counsel shall file a Bankruptcy Rule 2016(b) Statement and otherwise fully comply with Vt. LBR 2016-1 and these Local Rules. (c) Withdrawal or Substitution of Other Attorneys. Notice of withdrawal or substitution of attorneys other than debtor's counsel shall be deemed effective upon filing with the Clerk and shall be served upon all parties in the case or the proceeding, the case trustee, and the Office of the U.S. Trustee. (Note: This Rule does not apply to an attorney who has appeared solely for the purpose of filing a proof of claim or a motion for relief from stay under 11 U.S.C. § 362.) PART III VT. LBR 3001-1. CLAIMS & EQUITY SECURITY INTERESTS GENERALLY No Asset Cases. Every Chapter 7 case will be treated as a "No Asset Case" unless and until the case trustee files a "Notice of Asset Case" (the "asset notice"). Upon the case trustee's filing of an asset
22
VT. LBR 3007-1. CLAIMS OBJECTIONS
notice, the Court will set a deadline for filing proofs of claim and issue a "Notice to File Claims" as required by Bankruptcy Rule 2002(f). Proofs of claim filed in Chapter 7 cases not designated as asset cases shall be accepted by the Clerk for filing, but no action will be taken upon them at that time. VT. LBR 3006-1. CLAIMS WITHDRAWALS Reserved VT. LBR 3007-1. CLAIMS OBJECTIONS (a) Attachment of Proof of Claim to Objection. Each objection to claim must include a copy of the subject proof of claim as an exhibit. (b) Objections to Claims in Chapter 12 and Chapter 13 Cases. In a Chapter 12 or Chapter 13 case, the case trustee, debtor, or any party in interest, may file an objection to the allowance of a claim. The objection may be directed at either the entire claim or a portion of the claim and may address either the amount or classification of the claim, provided the amount or classification of the claim has not already been determined through a valuation motion. See Vt. LBR 3012-1; see also Vt. LBR 3015-1(f)(1). Unless otherwise ordered by the Court, the objection to a timely filed claim must be filed within 60 days after the entry of the confirmation order or within 60 days after the governmental claims bar date, whichever is later. See also Bankruptcy Rule 3007. Nothing herein shall confer standing on any party that does not otherwise have standing. (c) Objections to Claims in Chapter 11 Cases. Any objection to a claim in a Chapter 11 case shall be filed and served prior to the hearing held to consider and approve a disclosure statement, unless otherwise ordered by the Court. Vt. LBR 3008-1. CLAIMS RECONSIDERATION See Vt. LBR 9023-1/Vt. LBR 9024-1. VT. LBR 3009-1. DIVIDENDS CHAPTER 7 Reserved VT. LBR 3010-1. DIVIDENDS SMALL Reserved VT. LBR 3011-1. UNCLAIMED FUNDS Reserved VT. LBR 3012-1. VALUATION OF COLLATERAL (a) Motion Required. A debtor seeking to modify the amount of a secured claim pursuant to § 506(a) must file a valuation motion in accordance with Bankruptcy Rule 3012. See Vt. LB Form D-1 (model valuation motion). The debtor must file the valuation motion no later than the date his/her plan is filed. Unless the debtor seeks to have the hearing held earlier, the Clerk shall set the hearing date to coincide with the date of the initial confirmation hearing. The Clerk shall serve the notice of motion on the Chapter 13 trustee and on any creditor with an interest in the subject collateral and may use the Court's default procedure, see Vt. LBR 9013-4(b). See also Vt. LB Form D-2 (model order granting valuation motion).
23
VT. LBR 3013-1. CLASSIFICATION OF CLAIMS & INTERESTS CHAPTER 12
(b) Rebuttable Presumption of Valuation of Motor Vehicles. As a starting point, the valuation of motor vehicle collateral shall be presumed to be the midpoint between the National Automobile Dealers Association ("NADA") wholesale value and the NADA retail value unless: (1) the parties agree to a different value; (2) the debtor or secured creditor presents an appraisal undisputed by the other party; or (3) the value is fixed by the Court as a result of an evidentiary hearing held specifically to determine the value of the particular vehicle. VT. LBR 3013-1. CLASSIFICATION OF CLAIMS & INTERESTS CHAPTER 12 Secured and Priority Claims. The Chapter 12 trustee shall pay all secured and priority claims the amount indicated in the proof of claim unless either the creditor affirmatively consents to a different treatment or an objection to the claim is filed and sustained. Where no proof of claim for a secured or priority debt is filed, the Chapter 12 trustee shall pay the amount provided in the plan. VT. LBR 3013-2. CLASSIFICATION OF CLAIMS & INTERESTS CHAPTER 13 Secured and Priority Claims. The Chapter 13 trustee shall pay all secured and priority claims the amount indicated in the proof of claim unless either the creditor affirmatively consents to a different treatment or an objection to the claim is filed and sustained. Where no proof of claim for a secured or priority debt is filed, the Chapter 13 trustee shall pay the amount provided in the plan. VT. LBR 3014-1. CHAPTER 11 § 1111(B) ELECTION A class of secured creditors may make an election under 11 U.S.C. § 1111(b) no later than 14 days before the confirmation hearing, unless a different date is set by the Court. VT. LBR 3015-1. CHAPTER 13 PLAN (a) Mandatory Fee Disclosure and Payment Through the Plan. Any unpaid debtor's attorney's fee must be disclosed and provided for in a Chapter 13 plan or an amendment to the plan, as well as in the Bankruptcy Rule 2016(b) Statement, and must be paid through the plan. All fees incurred by the debtor's attorney during the pendency of a Chapter 13 case must be disclosed in an Amended Bankruptcy Rule 2016(b) Statement, approved by the Court, and paid through the plan. See also Vt. LBR 2016-2. (b) Format of Plan. Debtors must file Chapter 13 plans using the local model plan. The local model plan is available in both word processing and spreadsheet formats on the Court's website, www.vtb.uscourts.gov, on the "Legal Resources Page" under the "Forms" section. See also Vt. LB Form E. (c) Content of Plan. Each plan shall clearly and conspicuously specify: (1) the amount of the monthly payment; (2) the source of the payment (e.g., wage deduction, automatic withdrawal or direct payment); (3) the term (in months) of the plan; (4) the total amount of all plan payments, including any lump sum payments;
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VT. LBR 3015-1. CHAPTER 13 PLAN
(5) if property is to be sold to fund all or part of the payments to be made under the plan, the nature and location of the property, the time frame within which the property will be sold, how the property will be sold, and the estimated proceeds and projected distribution of proceeds from the sale; (6) the total to be paid to each secured creditor, including the amount of interest paid and the interest rate applicable to each secured claim; (7) the total amount to be paid to each priority creditor; (8) the total amount to be paid pro-rata to the unsecured creditors and the estimated percentage dividend; (9) any liens to be avoided (including each lienholder's name, the nature of each lien, and the balance due on each lien as of the Chapter 13 filing date); (10) when property revests in the debtor; (11) any executory contract to be assumed and upon what terms assumption will take place, and (12) any litigation to be commenced to effectuate the plan, including the name of the defendant(s), date by which the suit or motion will be filed, the nature of the suit or motion, the projected recovery and projected disposition of recovery. (Note: To the extent the Court waives use of the local model plan in a particular case, the plan filed shall be in substantial compliance with the model plan and shall include the aboveenumerated elements.) (d) Treatment of Pre-Petition Debts. All pre-petition debts must be treated in the plan, regardless of the preference of any particular creditor and regardless of the dischargeability of the debts. (e) Payment of Secured Claims. When required by applicable bankruptcy law, secured claims must be paid with interest unless a creditor affirmatively consents to payment without interest. Unless the parties agree otherwise, the trustee shall recommend and the Court shall set the risk factor in each case. The trustee shall compute the interest rate to be applied if the debtor has not properly done so. Treatment of each secured claim, including the interest rate to be paid on the claim, shall be clearly specified in both the plan and the confirmation order. (f) Payment of Undersecured Claims. (1) Bifurcation of Claims. Except as limited by subparagraph (2), below, an undersecured claim shall be allowed as a secured claim to the extent of the value of the collateral and allowed as an unsecured claim to the extent an allowed proof of claim asserts an amount due in excess of the value of the collateral as determined by Court order. See Vt. LBR 3012-1(a) (requiring the filing of a valuation motion). Except to the extent that the unsecured portion of the claim qualifies as a priority claim, the balance of the allowed claim shall be a general unsecured claim and be included in the computation of the dividend to general unsecured creditors. The bifurcated treatment of undersecured claims shall be clearly specified in the plan and confirmation order. If the holder of a wholly or partially secured claim that has
25
VT. LBR 3015-2. CHAPTER 13 CONFIRMATION
been the subject of a valuation motion files a proof of claim for an amount that exceeds the amount set forth in the valuation order, the difference between the proof of claim and the allowed secured claim shall be allowed as an unsecured claim without need of either an objection to claim or an amended proof of claim. (2) Limitation on Bifurcation. If the following conditions are present, bifurcation of a claim shall not be allowed (see also § 1325(a)(5)("hanging paragraph") of the Bankruptcy Code): (A) a creditor has a purchase money security interest securing the claim; and (B) the claim was incurred within the 910-day period preceding the date the debtor filed his/her petition; and (C) the collateral securing the claim is either: (i) a motor vehicle (see 49 U.S.C. § 30102) acquired for the personal use of the debtor; or (ii) any other thing of value if the underlying debt was incurred during the one-year period preceding the filing of the petition. (g) Payment of Short-Term Secured Debts. Short-term secured debts (e.g., automobile loans, equipment loans, rent-to-own "leases", mortgages which must be paid-in-full during the term of a plan) may be paid through the plan applying the general rules for payment of secured claims set forth above, provided the holder of the short-term secured claim has notice of the treatment and either has not objected to such treatment or has had its objection overruled. (h) Amended or Alternative Plan. (1) Amended Plan by Debtor. A debtor seeking to amend a proposed Chapter 13 plan (i.e., a plan that has not been confirmed) is not required to file a motion to do so. Rather, the debtor need only file an amended plan with the Clerk and serve it on all parties upon whom the debtor served his/her original plan. An amended plan (with all necessary amended schedules) shall be filed seven (7) days before the confirmation hearing, unless the debtor can demonstrate that the information necessary for the amended plan (and the amended schedules) was not available until later. See generally Vt. LBR 3015-2. (2) Alternative Plan by Non-Debtor. A non-debtor party seeking confirmation of a plan different from the debtor's proposed plan, must file a motion seeking such relief prior to confirmation of the debtor's plan. Such a motion must be accompanied by the non-debtor party's alternative proposed plan. The motion and alternative proposed plan must be served on the Chapter 13 trustee and all affected parties. The motion may be noticed under the Court's default procedure, see Vt. LBR 9013-4(b). Vt. LBR 3015-2. CHAPTER 13 CONFIRMATION (a) Court's § 1324(b) Determination. Based upon the local geography of Vermont, travel distances within the State, and the economic impact of holding the § 341 meetings of creditors and confirmation hearings on different dates, as well as the success of the bankruptcy Bar's
26
VT. LBR 3015-2. CHAPTER 13 CONFIRMATION
practice of holding § 341 meetings and confirmation hearings on the same day, the Court determines that it is in the best interest of creditors of all Chapter 13 debtors and all Chapter 13 estates to continue the current practice of holding Chapter 13 confirmation hearings on the same day as the initial § 341 meetings of creditors. See also Vt. LBR 4002-1(d)(1). (b) Court's § 1324(b) Determination a Rebuttable Presumption. The Court's § 1324(b) determination is a presumption that is rebuttable in any particular case; thus, a creditor or party in interest may file an objection to the presumption showing that it is in the best interest of the creditors and the estate for the confirmation hearing to be held not earlier than [20] days after the § 341 meeting of creditors. Such objection, if in writing, shall be filed no later than seven (7) days before the § 341 meeting of creditors. However, where the creditor or party in interest does not have sufficient information to make the objection until after the § 341 meeting, such objection may be made orally at the time set for the confirmation hearing. (c) Objections to Confirmation. (1) Preference for Written Objections. Parties are encouraged to submit objections to the confirmation of a Chapter 13 plan in writing. Regardless of whether presented in writing or orally, objections must specify the grounds for the objection. If in writing, the objection must be filed with the Clerk and served on the Chapter 13 trustee, the debtor, and the debtor's attorney at least three (3) business days prior to the date set for the initial confirmation hearing on the proposed plan. Any response to a written objection must be filed within two (2) business days of the filing of the objection. (2) Amended Plans. Only when (1) an amended plan is filed after the initial confirmation hearing and (2) a party has an objection to that amended plan that could not have been raised previously, will a party be allowed to raise an objection to the amended plan. (d) Filings Considered in Connection with the Confirmation Hearing. Unless the information necessary to file a document was not available prior to the § 341 meeting of creditors, no document filed later than two (2) business days before the confirmation hearing will be considered by the Court in connection with the confirmation hearing; such a document shall be considered a tardy filing and the confirmation hearing shall proceed as if that document had not been filed. Thus, for example, the filing of objections or amended plans as late as the day of the confirmation hearing, where the relevant information for such documents was first disclosed at or after the § 341 meeting of creditors on the day of the confirmation hearing, will be considered by the Court (even though filed less than two (2) business days before the confirmation hearing). Conversely, where other documents that could have been filed at least two (2) business days before the confirmation hearing (because their filings were not dependent on the § 341 meeting of creditors), were not filed in a timely fashion, the Court will not consider them in connection with the confirmation hearing. (Note: Giving advanced notice to the Clerk's Office, the Courtroom Deputy, and/or the Chapter 13 trustee that a party intends to file a document late does not excuse compliance with this Rule and does not constitute cause to treat the filing as timely.) (e) Attendance at Confirmation Hearing. Absent exigent circumstances and a prior order of the Court, the debtor and the debtor's attorney, if any, are required to attend the confirmation hearing. Debtors must be in the courtroom promptly at the commencement of the confirmation
27
VT. LBR 3015-2. CHAPTER 13 CONFIRMATION
hearing calendar. A debtor's failure to attend the confirmation hearing is grounds for dismissal of the case. (f) Requests to Postpone Confirmation Hearing. (1) Request to Postpone the Initial Confirmation Hearing. Any motion (or stipulation) to postpone an initial confirmation hearing must be filed at least 14 days prior to the initial confirmation hearing date. The motion must set forth good cause for the continuance and must be supported by the consent of the Chapter 13 trustee. The motion must be served on all creditors. The initial confirmation hearing will proceed and the debtor's attorney must appear at the hearing unless the Court finds the movant has set forth good cause for the continuance, the granting of the continuance will not prejudice creditors (recognizing that with greater notice there is less likelihood of prejudice), and the Court enters an order granting the continuance and canceling the initial confirmation hearing. (2) Request to Postpone a Continued Confirmation Hearing. Any motion (or stipulation) to postpone a continued confirmation hearing must be filed at least three (3) business days prior to the continued confirmation hearing date. The motion must set forth good cause for the subsequent continuance and must be supported by the consents of (A) the Chapter 13 trustee, (B) each party in interest who appeared at a prior confirmation hearing, and (C) each party who filed an objection or response to the debtor's Chapter 13 plan. All required consents must be filed within two (2) business days of the motion being filed and, in any event, no later that noon of the day before the continued confirmation hearing. See Vt. LBR 90114(f), (g); Vt. LBR 9013-1(f). The motion must be served on the Chapter 13 trustee, each party in interest who appeared at a prior confirmation hearing, and each party who filed an objection or response to the debtor's Chapter 13 plan. The continued confirmation hearing will proceed unless the Court finds (A) the movant has set forth good cause for the continuance, (B) where the movant is the debtor, the debtor has rebutted the presumption of unreasonable delay, see subparagraph (4), below, (C) the motion and the required consents where timely filed, and (D) the granting of the continuance will not prejudice creditors; and the Court enters an order granting the continuance and canceling the previously scheduled confirmation hearing (3) Untimely Request to Continue Confirmation Hearing; Appearance at Confirmation Hearing Required. Any motion to postpone a confirmation hearing that is filed late will not be approved, except under exigent circumstances. Moreover, where a party files such a motion out of time, that party shall appear at the confirmation hearing to report on the status of the case; the Court will then rule on the request to postpone the confirmation hearing. (4) Rebuttable Presumption of Unreasonable Delay. If a debtor's Chapter 13 plan is not ready for confirmation or the debtor has not fulfilled all of the pre-requisites for confirmation (e.g., filing of all required tax returns, see, e.g., Vt. LBR 4002-1(d)(1); presenting Chapter 13 trustee with proof(s) of insurance, see, e.g., Vt. LBR 4070-1) within 30 days after the initially scheduled confirmation hearing, a rebuttable presumption will arise that the debtor caused unreasonable delay for purposes of § 1307 of the Bankruptcy Code and that presumption will be a basis for dismissing the case. In such an instance, it shall be the debtor's burden to show why the Chapter 13 case should not be dismissed.
28
VT. LBR 3015-3. CHAPTER 13 REQUESTING EXTENSION OF APPLICABLE COMMITMENT PERIOD
VT. LBR 3015-3. CHAPTER 13 REQUESTING EXTENSION OF APPLICABLE COMMITMENT PERIOD Where a Chapter 13 debtor's calculation of commitment period and disposable income directs a plan of no longer than three years, upon a showing of cause, the debtor may request an applicable commitment period of longer than three (3) years, but no more than five (5) years, for his/her Chapter 13 plan. The debtor must set forth cause for the requested extension either in a clear and specific provision of the debtor's plan or in a separate sworn statement filed with the plan. The Court may approve the extended applicable commitment period in the confirmation order. See also 11 U.S.C. § 1322(d)(2). VT. LBR 3015-4. CHAPTER 13 MOTIONS TO MODIFY CONFIRMED CHAPTER 13 PLANS (a) Modification of a Confirmed Chapter 13 Plan. A debtor, trustee, or holder of an allowed unsecured claim may move to modify a confirmed plan at any time after confirmation of the plan, but before the completion of payments under the plan. A Court order is required to modify a confirmed plan. (b) Content of a Motion to Modify Plan. A motion to modify a confirmed Chapter 13 plan shall clearly set forth: (1) the date of confirmation; (2) the specific provisions of the plan (identified by paragraph numbers) to be modified; and (3) the treatment of the affected provisions both under the confirmed plan and under the proposed modified plan. (c) Additional Requirements When Filing a Motion to Modify Plan. The moving party shall also: (1) simultaneously file a proposed order substantially conforming to the Court's model order entitled "Proposed Order Modifying Plan and Confirmation Order," see Vt. LB Form F; see also Vt. LBR 9072-1(b); and (2) serve its motion and proposed order on the Chapter 13 trustee and all affected creditors; the motion may be noticed under the Court's default procedure, see Vt. LBR 9013-4(b). Vt. LBR 3016-1. CHAPTER 11, SMALL BUSINESS CASES PLAN At the confirmation hearing, the plan proponent must disclose and offer evidence of sufficient cash flow to fund the plan for three (3) years or the life of the plan, whichever is less. VT. LBR 3016-2. CHAPTER 11 DISCLOSURE STATEMENT GENERALLY Reserved VT. LBR 3017-1. CHAPTER 11 DISCLOSURE STATEMENT APPROVAL Reserved
29
VT. LBR 3018-1. CHAPTER 11 BALLOTS
VT. LBR 3018-1. CHAPTER 11 BALLOTS The plan proponent must place the corresponding mailing list label on each blank ballot for each party to whom a ballot is issued. Completed ballots are to be forwarded to the plan proponent or its designee and should not be sent to the Clerk. VT. LBR 3018-2. CHAPTER 11 ACCEPTANCE & REJECTION OF PLAN Pre-Filing Solicitation. A summary of all plan acceptances and rejections solicited before the commencement of a case shall be filed with the Clerk and accompanied by copies of all materials used in soliciting acceptances or rejections. This summary shall be filed with the petition. On request of a party in interest or the Office of the U.S. Trustee, the Court shall hold a hearing to determine if the requirements of 11 U.S.C. § 1126(b) have been met. VT. LBR 3018-3. CHAPTER 11 CERTIFICATION OF ACCEPTANCE & REJECTION OF PLAN A Chapter 11 plan proponent shall file with the Clerk a summary report of all voted ballots certifying the amount and number of allowed claims of each class accepting or rejecting the plan, and the amount of allowed interests of each class accepting or rejecting the plan (hereinafter, the "Summary Ballot Report and Certification"). See Vt. LB Form G (model Summary Ballot Report and Certification). The plan proponent shall also serve a copy of the Summary Ballot Report and Certification on the debtor-in-possession, the trustee (if any), the Office of the U.S. Trustee, and any committee, to be filed and received not less than three (3) business days before the hearing. The Court, debtor-in-possession, trustee (if any), and/or the Office of the U.S. Trustee may request copies of the voted ballots received by the plan proponent, and, upon request, the plan proponent shall promptly provide that party with copies of the ballots. The Court may find that the plan has been accepted or rejected on the basis of the Summary Ballot Report and Certification. The hearing on confirmation shall not commence unless the Summary Ballot Report and Certification has been timely filed, unless for good cause the Court directs otherwise. VT. LBR 3019-1. CHAPTER 11 MODIFICATIONS TO PLAN Reserved VT. LBR 3020-1. CHAPTER 11 CONFIRMATION (a) Confirmation Requirements. The plan proponent has the burden of proof at the confirmation hearing. At least three (3) business days before the confirmation hearing, the plan proponent shall file the following with the Clerk: (1) a Summary Ballot Report and Certification, see Vt. LB Form G; see also Vt. LBR 3018-3; (2) an affidavit of the plan proponent's responsible officer and its attorney itemizing the proof that the plan proponent will offer for each of the elements of 11 U.S.C. § 1129(a); and (3) any other document necessary to achieve plan confirmation. (b) Cram Down Under § 1129(b). A motion for a "cram down" pursuant to 11 U.S.C. § 1129(b) will be heard at the confirmation hearing only if a request for hearing is filed and served at least 14 days before the scheduled confirmation hearing on the following parties: the attorneys for all
30
VT. LBR 3022-1. CHAPTER 11 FINAL REPORT & DECREE
members of the non-accepting classes or the members if they are not represented by counsel; the attorney for any committee or the committee members if the committee is not represented by counsel; and the Office of the U.S. Trustee. (c) Order Confirming Chapter 11 Plan. Proposed Findings of Fact and Order Confirming the Plan shall be in substantially the same form as Vt. LB Form H, "Order Confirming Chapter 11 Plan." The proposed order must provide that all outstanding fees plus interest, if any, due to the Office of the U.S. Trustee will be paid by a date certain and shall contain affirmative decretal paragraphs directing compliance with Vt. LBR 3022-1(a), (c) and (d). The following language is acceptable and it, or substantially similar language, must be included in the Order: ORDERED that the proponent of the plan or the disbursing agent defined in the plan shall comply with Vt. LBR 3022-1 by filing the report of substantial consummation and the motion for final decree no later than 180 days after the entry of this Order confirming the plan, unless the Court, for cause shown, extends the time upon motion filed and served within this 180-day period; and it is further ORDERED that the proponent of the plan or the disbursing agent defined in the plan shall file with the Court and serve on the Office of the U.S. Trustee an affidavit showing all cash disbursements for each month after confirmation of the case. The affidavit shall be in a form acceptable to the U.S. Trustee and shall be due on the last day of the month after the month reported. The duty to file the monthly affidavit shall cease upon the entry of the final decree, the conversion of the case to another chapter under Title 11 of the United States Code, or the dismissal of the case. The affidavit shall disclose all disbursements for the reorganized debtor by stating the total amount of payments made in that month pursuant to the plan, with a subtotal of payments for each class defined in the plan. The affidavit will further disclose whether the total amount paid to each class complies with the terms of the plan, is in a lesser amount, or whether there is a good faith dispute about the amount owed; the administrative expenses paid; and a total of cash disbursements made in the ordinary course of the debtor's ongoing operations; and it is further ORDERED that the debtor shall pay a sum certain determined by the Office of the U.S. Trustee to the Office of the U.S. Trustee for fees due pursuant to 28 U.S.C. § 1930(a)(6), plus any applicable interest due pursuant to 31 U.S.C. § 3717, within ten (10) days of the entry of this Order and to continue to make timely quarterly payments to the Office of the U.S. Trustee pursuant to 28 U.S.C. § 1930(a)(6)and pursuant to 31 U.S.C. § 3717, if applicable, until the entry of the final decree, the conversion of the case to another chapter under Title 11 of the United States Code, or the dismissal of the case. VT. LBR 3021-1. CHAPTER 11 DIVIDENDS UNDER PLAN Reserved VT. LBR 3022-1. CHAPTER 11 FINAL REPORT & DECREE (a) Report of Substantial Consummation. The plan proponent or the disbursing agent defined in the plan shall file a report of substantial consummation that provides a basis for the Court to find that the proponent of the plan has satisfied the criteria of 11 U.S.C. § 1101(2).
31
VT. LBR 3022-1. CHAPTER 11 FINAL REPORT & DECREE
(1) The report of substantial consummation shall be accompanied by a motion for final decree on notice to all creditors and parties in interest; (2) Unless otherwise ordered, the motion for final decree shall request that the Court terminate jurisdiction over the case and direct the Clerk's Office to close the case and include as exhibits: (A) the final report form in substantial compliance with paragraph (d) of this Rule; and (B) photocopies of the front and back of each canceled check showing the distributions made pursuant to the confirmed plan from commencement of the distribution under the plan, pursuant to § 1101(2)(C); (3) The items required by paragraphs (a)(2)(A) and (B) of this Rule need not be served with the motion for final decree except that the Office of the U.S. Trustee shall be served with a copy of the motion containing exactly the same items as were filed with the Clerk. (b) Time for Filing Report of Substantial Consummation. The Court may require that the report of substantial consummation be filed as soon as all checks issued for the first distribution under the plan have cleared. In no event shall the report of substantial consummation be filed later than 180 days after entry of a final order confirming a plan, unless, upon motion filed and served within the original 180-day period and for good cause shown, the Court extends the time. (c) Affidavit of Post-Confirmation Disbursements. (1) The plan proponent or the disbursing agent defined in the plan shall file with the Clerk and serve on the Office of the U.S. Trustee an affidavit showing all cash disbursements for each month after confirmation of the plan; (2) The affidavit shall be due on the last day of the month after the month reported. The duty to file the monthly affidavit shall cease upon the entry of the final decree, the conversion of the case to another chapter of the Bankruptcy Code, or the dismissal of the case; (3) The monthly affidavit shall disclose all disbursements by stating: (A) the total amount of payments made in that month pursuant to the plan with a subtotal of payments for each class defined in the plan; whether the total amount paid to each class is in compliance with the terms of the plan; whether the amount paid is less than the amount required by the plan; and whether there is a good faith dispute about the amount owed; (B) the administrative expenses paid; and (C) a total of cash disbursements made in the ordinary course of the debtor's ongoing operations, if any. (d) Final Report Form. The final report shall be an affidavit and shall include, but is not limited to, the following information:
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Allowed (1) Administrative Expenses: Trustee's compensation (if any) Trustee's attorney's compensation (if any) Debtor's attorney's compensation Other professionals' compensation All other administrative expenses [specify] Total Administrative Expenses (2) Percentage and amount of claims paid: (for each defined class) Percentage of claims paid to class [X] Amount paid to class [X] Total Plan Payments VT. LBR 3070-1. CHAPTER 13 PAYMENTS $________ $________ $________ $________ $________ $________
Paid $________ $________ $________ $________ $________ $________
_________% $________ $________
_________% $________ $________
(a) Payments to the Chapter 13 Trustee. Chapter 13 debtors are strongly encouraged to make plan payments through wage deductions except where the debtor is not receiving a regular paycheck from an employer or where extraordinary circumstances are demonstrated. The Chapter 13 trustee, in his sole discretion, shall determine and recommend whether a wage deduction order should be required. A wage deduction order may be issued before confirmation of a plan. The plan shall state whether payments shall be made by direct payment to the Chapter 13 trustee, direct debit of the debtor's bank account, or by wage deduction. Until a direct debit of the debtor's bank account or wage deduction order is in effect, the debtor shall make all plan payments in the form of a cashier's check, certified check, bank draft or money order payable to the "Chapter 13 Trustee," and the debtor shall mail the payments directly to the Chapter 13 trustee at an address that the trustee designates. The face of the payment instrument shall include the debtor's name and the Chapter 13 case number. (b) Reimbursement of Trustee's Expenses upon Dismissal or Conversion. (1) Standard Award of Expenses. Pursuant to 11 U.S.C. §§ 503(b) and 1326(a)(2), the Chapter 13 trustee may collect from pre-confirmation payments made by the debtor the sum of $100 (as may be adjusted from time to time) as an award for expenses in any Chapter 13 case dismissed or converted to another chapter prior to the confirmation of the Chapter 13 plan; (2) Itemized Expenses. Notwithstanding subparagraph (1), if the Chapter 13 trustee determines that a larger reimbursement of expenses is appropriate, the trustee shall itemize the expenses for which reimbursement is sought in the Trustee's Final Report and Account; (3) Notice of Award. The trustee shall give notice of the proposed award of expenses under subparagraphs (1) or (2) above to the debtor, the debtor's attorney, if any, and the Office of
33
VT. LBR 3071-1. SECURED CREDITORS' OBLIGATION TO PROVIDE ACCOUNT INFORMATION & STATEMENTS TO DEBTORS POST-PETITION
the U.S. Trustee by separate written notice. The Court will consider the trustee's request at the hearing on the Trustee's Final Report and Account. VT. LBR 3071-1. SECURED CREDITORS' OBLIGATION TO PROVIDE ACCOUNT INFORMATION & STATEMENTS TO DEBTORS POST-PETITION (a) Purpose; Protection Assured to Secured Creditors. This Rule has been implemented to ensure the post-petition, routine flow of information from secured creditors to debtors with respect to secured loans in each bankruptcy case where a debtor retains possession of the collateral and is required to make regular installment payments directly to the secured creditor; to ensure that secured creditors provide specific contact information to debtors so that debtors may obtain accurate, up-to-date information on the status of the secured loans as needed; and to clarify that a secured creditor who complies with or makes a good faith attempt to comply with this Rule shall not be found to have violated the automatic stay, provided that the secured creditor's communication with a debtor is not an attempt to collect pre-petition debt. (b) Applicability of Rule Generally. This Rule applies: (1) in cases filed under Chapters 7, 12, and 13; (2) to consumer loan relationships; and (3) as long as the debtor is protected by the automatic stay. It does not apply to debts evidenced by non-consensual liens (e.g., tax liens, restitution liens). (c) Possible Further Applicability. For cause shown and after proper notice and a hearing, the Court may direct parties to comply with this Rule with regard to commercial loans or in a Chapter 11 case. (d) Applicability to Debt Secured by a Mortgage on Real Property. For purposes of this Rule, the term "Mortgage Creditor" shall include any creditor who has a claim secured by a mortgage on real property. The Mortgage Creditor shall provide monthly statements to each Chapter 12 and Chapter 13 debtor who has expressed an intent in his/her plan to retain the Mortgage Creditor's collateral and has expressed an intent to pay the Mortgage Creditor directly (i.e., "outside the plan"), and to each Chapter 7 debtor who has expressed his/her intent in his/her statement of intent (which has been served on the Mortgage Creditor) to retain the Mortgage Creditor's collateral. The monthly statements shall contain at least the following information concerning post-petition mortgage payments to be made directly from the debtor to the Mortgage Creditor: (1) the date of the statement and the date the next payment is due; (2) the amount of the current monthly payment and of the next payment due; (3) the amount of the payment attributable to escrow, if any; (4) the amount due for any post-petition arrears, and from what date; (5) the amount of any outstanding post-petition late charges; (6) the amount, date of receipt, and application of all payments received since the date of the last statement;
34
VT. LBR 3071-1. SECURED CREDITORS' OBLIGATION TO PROVIDE ACCOUNT INFORMATION & STATEMENTS TO DEBTORS POST-PETITION
(7) any other amount(s) due (e.g., for payment of taxes, insurance, attorney's fees, and/or other expenses), together with an explanation of the "other amount due" and, if the Mortgage Creditor has already made a payment on this "other amount due", the date of the payment; (8) a telephone number and contact information that the debtor or the debtor's attorney may use to obtain reasonably prompt information regarding the secured loan and recent transactions; and (9) the address to which the next payment shall be sent and, if the address has changed since the last statement, a conspicuous statement notifying the debtor of the changed address. Further, upon reasonable written request of the debtor, the Mortgage Creditor shall provide the following additional information to the debtor: (10) the principal balance of the secured loan; (11) the original maturity date; (12) the current interest rate; (13) the current escrow balance, if any; (14) the interest paid year-to-date; (15) the property taxes paid year-to-date, if any; and/or (16) any other amount(s) due (e.g., for payment of taxes, insurance, attorney's fees, and/or other expenses), together with an explanation of the "other amount due" and, if the Mortgage Creditor has already made a payment on this "other amount due", the date of the payment. Mortgage Creditors are not required to send monthly statements to Chapter 12 and Chapter 13 debtors who make their post-petition mortgage payments via the case trustee (i.e., "through the plan"). However, to the extent they choose to do so, and such monthly statements comply with this paragraph, Mortgage Creditors shall be entitled to the protection articulated in paragraph (a), above. (e) Applicability to Other Secured Debts. For the purposes of this Rule, (1) the term "Creditor" shall include any creditor who holds a claim secured by personal property and any lessor of assumed leases on personal property; (2) "other secured debt" shall include all debts secured by property other than as provided for by paragraph (d) above, and assumed leases on personal property. The Creditor shall provide monthly statements or other forms of invoicing (e.g., a coupon book) to each Chapter 12 and Chapter 13 debtor who has expressed an intent in his/her plan to retain the Creditor's collateral and/or assume the lease, and has expressed an intent to pay the Creditor directly (i.e., "outside the plan"), and to each Chapter 7 debtor who has expressed his/her intent in his/her statement of intent (and served a copy of that statement on the Creditor) to retain the Creditor's collateral and/or assume the lease. The monthly statements or other forms of invoicing shall contain the same or substantially similar information as that provided pre-petition.
35
VT. LBR 3071-1. SECURED CREDITORS' OBLIGATION TO PROVIDE ACCOUNT INFORMATION & STATEMENTS TO DEBTORS POST-PETITION
Creditors are not required to send monthly statements or other forms of invoicing to Chapter 12 and Chapter 13 debtors who make their post-petition mortgage payments via the case trustee (i.e., "through the plan"). However, to the extent they choose to do so, and such monthly statements or other forms of invoicing contain the same or substantially similar information as that provided pre-petition, the Creditors shall be entitled to the protection articulated in paragraph (a), above. (f) Additional Communication a Secured Creditor May Have With a Debtor Without Violating the Automatic Stay. A secured creditor contacting a debtor to inquire or request proof as to the status of insurance coverage on property that is collateral for the secured creditor's claim does not violate the automatic stay, unless, in its communication with the debtor, the secured creditor also seeks to collect a debt. (g) Forms of Communication Generally. A secured creditor is considered to have complied with this Rule when it has transmitted the requisite monthly statements, other forms of invoicing, or additional requested information to the debtor in the manner normally utilized by the secured creditor. However, the secured creditor and debtor may agree to a form of communication not routinely used by the secured creditor (e.g., e-mail versus U.S. mail) to transmit documents to the debtor. See also, e.g., Bankruptcy Rule 9036. It is the debtor's duty to provide the secured creditor with his/her current address and such contact information as is necessary to facilitate receipt of any document(s) transmitted by the secured creditor. (h) Waiver of Strict Compliance. If a Mortgage Creditor's, or Creditor's, billing system provides monthly statements or other forms of invoicing that substantially comply with this Rule, but does not fully conform to all of its requirements, the Mortgage Creditor, or Creditor, may request that the debtor accept such monthly statements or other forms of invoicing, and the debtor may do so. If the debtor declines to accept the non-conforming monthly statements or other forms of invoicing, a Mortgage Creditor, or Creditor, may file a motion, on notice to the debtor and the debtor's attorney, if any, requesting a determination from the Court that cause exists to allow such non-conforming monthly statements or other forms of invoicing to satisfy the Mortgage Creditor's, or Creditor's, obligations under this Rule. For cause shown, the Court may grant a waiver for an individual case or for multiple cases, and for either a limited or unlimited time period. However, no waiver will be granted unless the proffered monthly statements or other forms of invoicing substantially comply with this Rule and the Mortgage Creditor, or Creditor, has demonstrated that it would be an undue hardship for it to strictly comply with the Rule. (i) Motion to Compel Compliance. A debtor may file a motion to compel a secured creditor's compliance with this Rule where the debtor has evidence that a secured creditor has not complied with the Rule for at least 30 days. However, the debtor must first make a good faith effort to contact the offending secured creditor to determine the cause for non-compliance, including inquiring on the status of the secured creditor's efforts to provide statements in compliance with this Rule. Debtor's motion to compel must include a description of (1) the debtor's pre-motion good faith effort(s), (2) any response by the secured creditor, and (3) any harm the debtor has suffered as a result of the secured creditor's non-compliance. PART IV
36
VT. LBR 4001-1. AUTOMATIC STAY RELIEF FROM
VT. LBR 4001-1. AUTOMATIC STAY RELIEF FROM (a) Motion Contents Generally. A motion for relief from stay shall include the following information to the extent applicable: (1) the description of the property (e.g., the vehicle identification number ("VIN"), make, model, serial number of a vehicle; the street address, clerk's office, and volume/page number where ownership of, and liens against, real property are recorded; name and docket number of a pending court action); (2) the names and purported interests of all parties known, or discovered after reasonable investigation, who claim to have an interest in the property; (3) the amount of the outstanding indebtedness on each lien, the fair market value of the property, and the basis for the valuation; (4) legible and complete copies of all relevant liens and security agreements, or initial and signature pages of these documents if voluminous; (5) evidence of perfection of the movant's lien or interest; and (6) copies of any prior orders of the Court upon which the motion relies. (b) Additional Requirements for Motions Alleging Post-Petition Payment Default and for Objections Thereto. (1) Requirement of Pre-Motion Default Notification. If a secured creditor believes the debtor has defaulted on any post-petition payment obligation, the secured creditor shall send the debtor and the debtor's attorney, if any, a default notification setting forth with specificity the alleged post-petition default. This notification is a prerequisite to a secured creditor seeking relief from the automatic stay. (2) Motions. Where a secured creditor moves for relief from the automatic stay based upon allegations of a post-petition payment default, in addition to complying with the requirements of Vt. LBR 4001-1(a), the secured creditor's motion shall also include the following: (A) in all cases: (i) a statement that the motion is based upon the debtor's default, and (ii) an affidavit specifically identifying, by date and amount, the payment(s) alleged to be in default; (B) in a Chapter 7 case, a statement that the secured creditor has responded promptly and thoroughly to the trustee's or to the debtor's reasonable request for account information; and (C) in a Chapter 13 case, a statement that the secured creditor has provided the debtor with the required account information and statements in a timely fashion. See Vt. LBR 3071-1(d) and (e). (3) Objections. A debtor objecting to the secured creditor's motion shall: (A) state with specificity those allegations of the secured creditor that the debtor disputes; (B) articulate the debtor's legal and factual basis for asserting that the secured creditor is not entitled to relief from stay; and (C) append to the objection an affidavit of the debtor. The debtor's affidavit must state: (i) each payment amount made; (ii) the date of each payment; (iii) the form of
37
VT. LBR 4001-1. AUTOMATIC STAY RELIEF FROM
each payment (e.g., check, money order); and (iv) the means by which each payment was transmitted (e.g., first-class U.S. mail, private courier service) and the address where each payment was sent; it must also include copies of records showing proof of payment(s) on the obligation or include an explanation as to why those records are not appended and when they will be filed. The debtor's failure to meet these requirements constitutes cause for the Court to deny the debtor's request for additional time to produce records or to consider the motion unopposed. (4) Secured Creditor's Additional Obligations When a Chapter 13 Debtor Objects; Consequence of Failure to Meet Additional Obligations. When a Chapter 13 debtor contests the payment default, or the secured creditor's application of the payment(s), and complies with the procedure delineated in subparagraph (3) above, the creditor shall immediately transmit the debtor's payment history and a detailed accounting of how the debtor's payment(s) was(were) applied to the outstanding obligation, to debtor's counsel (or to the debtor directly, if not represented by counsel) in a manner ensuring the debtor has a reasonable opportunity to review this information before the hearing on the motion for relief from stay. In the event the secured creditor has not provided debtor's counsel (or the debtor, if not represented by counsel) with the required account information, the Court may deny the motion for relief from stay; deny the secured creditor's request for recovery of attorneys' fees and/or costs in connection with the motion, regardless of the terms of its agreement with the debtor; or grant such other relief it deems appropriate. The Court may also order the secured creditor to pay the debtor's reasonable attorney's fees, if any, for responding to the motion. (c) Service of Motion. All motions must be filed with the Clerk; the movant must also file a certificate of service showing service of the motion on the debtor, the debtor's attorney, the case trustee (if any), other parties in interest entitled to notice, and the Office of the U.S. Trustee. See also Vt. LBR 9014-6(a), (c). (d) Stipulation. A stipulation to relief from stay shall describe the property or interest involved, state the property's fair market value, the basis for valuation, and list any encumbrances against the property (by lienholder and amount). Notice required under Vt. LBR 9013-2(c) is waived for stipulated motions for relief from stay when: (1) all parties entitled to notice have been served with the motion; and (2) all parties in interest have provided their consent. See Vt. LBR 90114(f), (g). Additionally, no notice of a stipulation is required to be served if the motion for relief from stay was previously noticed for hearing and no party objected or the Court overruled any objection filed. (e) Final Hearing. Within [30] days after the filing of a motion for relief from stay, except in those instances where paragraph (d) above is used or the motion is filed under the Court's default procedure, see Vt. LBR 9013-4, the Court shall hold a hearing on the motion. If a movant schedules a hearing on a motion for relief from stay for a date that is more than [30] days after the date the motion was filed, the movant must include an affirmative waiver of the termination of the stay after [30] days, see 11 U.S.C. § 362(e); the stay continues in effect pending the conclusion of a final hearing and determination by the Court under paragraph (d) of § 362. Likewise, when the parties agree to adjourn the hearing, an equal extension of time shall be deemed added to the [30]-day period set forth in 11 U.S.C. § 362(e).
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VT. LBR 4001-2. AUTOMATIC STAY DEBTOR'S ASSERTION OF EXCEPTION FOR LEASE OF RESIDENTIAL PROPERTY UNDER § 362(L)
(f) Evidentiary Hearing. The final hearing on a motion for relief from stay shall be an evidentiary hearing unless otherwise agreed by the parties. Each party planning to present evidence shall contact the Courtroom Deputy to ensure there is sufficient time for the presentation of evidence and shall file and serve a "Rule 9014(e) Notice of Evidentiary Hearing" at least seven (7) days prior to the hearing, unless a shorter time is authorized. See Vt. LBR 9014-1(e); see also Vt. LB Form V. (g) Order Granting Relief from Stay. If the order granting relief from stay authorizes sale of collateral, the order must specifically direct the creditor to deliver any surplus money to the trustee promptly after the consummation of the sale and if there is surplus money, also to serve the case trustee with an accounting of the sale promptly after its consummation. If the collateral that is the subject of the order granting relief from stay is real property, such real property shall be identified by street address and the applicable mortgage(s) shall be identified by volume and page number of the applicable town records. Vt. LBR 4001-2. AUTOMATIC STAY DEBTOR'S ASSERTION OF EXCEPTION FOR LEASE OF RESIDENTIAL PROPERTY UNDER § 362(L) (a) Filing Initial Certification. Where a state court Judgment of Eviction has been entered against a debtor pre-petition, the debtor seeks the benefit of the automatic stay with regard to residential property, and the debtor resides in that property as of the date of filing his/her bankruptcy petition, the debtor must: (1) file with the petition the "Certification of Prior Judgment of Eviction and of Right to Cure Pursuant to 11 U.S.C. § 362(l)(5)(B)" ("Certification #1 re: Right to Cure" or "Certification #1"), see Vt. LB Form I-1; (2) file with the petition a copy of the pre-petition Judgment of Eviction; and (3) deliver to the Clerk of the Court with the petition a deposit of one month's rent equal to the monthly rent due under the applicable rental agreement (hereinafter, "rent") in the form of a bank check, an attorney trust account check, or a money order, payable to the debtor's lessor (a/k/a the landlord). If a debtor delivers the rent to the Clerk, but fails to file either a copy of the Judgment of Eviction or Certification #1, the Clerk shall return the rent to the debtor with a notice informing the debtor that the Clerk will not accept or process the rent unless and until it is accompanied by the Judgment of Eviction and Certification #1. When a debtor's case is filed electronically, the rent must be delivered to the Clerk--either by hand-delivery, U.S. mail, or private courier service--within three (3) business days after filing the petition. The debtor shall certify the means of delivery of rent in his/her Certification #1. If the Clerk receives the rent within the 3-day period the Clerk will treat the rent as if received with the petition, Certification #1, and a copy of the Judgment of Eviction, and will process it accordingly. If the debtor fails to deliver the rent either with the petition or within the three (3) business days of filing the petition, the Clerk will make a notation on the docket of that filing deficiency.
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VT. LBR 4001-2. AUTOMATIC STAY DEBTOR'S ASSERTION OF EXCEPTION FOR LEASE OF RESIDENTIAL PROPERTY UNDER § 362(L)
Thereafter, the Clerk shall promptly serve upon both the debtor and the lessor a certified copy of the docket entry indicating the debtor's failure to make the requisite rent deposit and indicating the applicability of the exception to the stay under § 362(b)(22). (No fee will be accessed for the issuance or service of these certified copies.) (b) Clerk's Notification upon Receipt of Certification #1 re: Right to Cure. When the Clerk receives a Certification #1 re: Right to Cure, together with the required copy of the Judgment of Eviction and the rent payment, the Clerk shall: (1) issue a notice to the lessor, stating that the Clerk has received (A) the debtor's Certification #1 re: Right to Cure, (B) a copy of the Judgment of Eviction, and (C) a rent payment, and enclose copies of each with the notice; (2) set a deadline of seven (7) days after service of notice to the lessor within which time the lessor can either (A) consent to the inapplicability of the stay exception under 11 U.S.C. § 362(b)(22) or (B) object to an averment made by the debtor in Certification #1 and request the entry of an order stating that the § 362(b)(22) exception does apply; and (3) notify the lessor that if the lessor files a consent, the Clerk will promptly transmit the rent to the lessor. (c) Lessor's Consent, Objection or Non-Response to Certification #1. (1) Consent. If a lessor files a consent to a debtor's Certification #1 re: Right to Cure, it shall include a verification of the amount due for the one-month rental period and specify the address to which the lessor wants the rent sent. Upon receipt of the lessor's consent, the Clerk shall promptly transmit the rent to the lessor at the address provided. (2) Objection. If the lessor objects to any of the debtor's averments made in Certification #1, the Clerk will immediately set a hearing on the objection; said hearing shall be held no later than [ten (10)] days after the filing of the objection. The lessor's objection must specifically identify which averment(s) in the debtor's Certification #1 that the lessor disputes. If the Court overrules the lessor's objection(s), an order shall be issued that the debtor is entitled to the stay; thereafter, the Clerk shall promptly transmit the rent to the lessor. (3) Non-Response. If the lessor fails to file either a consent or an objection within the 7-day period set by the Court, and unless the Court finds otherwise, the lessor shall be deemed to have waived the opportunity to object; promptly thereafter, the Clerk shall transmit the rent to the lessor. (d) Certification #2 re: Cure of Default. Within [30] days of filing the petition, the debtor must file with the Clerk and serve on the lessor another certification indicating that the debtor has cured, under applicable non-bankruptcy law, the entire monetary default that was the basis of the issuance of the Judgment of Eviction; this second certification shall be known as "Certification #2 re: Cure of Default" or "Certification #2". See Vt. LB Form I-2. (Note: The debtor's obligation to file Certification #2 is not mitigated or extended by an objection to or the pendency of a hearing on Certification #1.) (e) Lessor's Objection to Certification #2. If the lessor objects to any of the debtor's averments
40
VT. LBR 4001-3. AUTOMATIC STAY CONTINUATION; IMPOSITION; VERIFICATION
in Certification #2, the Clerk shall immediately set a hearing on the objection; said hearing shall be held no later than [ten (10)] days after the filing of the objection. The lessor's objection must specifically identify which averment(s) in the debtor's Certification #2 that the lessor disputes. (f) Debtor's Failure to File Certifications. Where a debtor fails to file Certification #1 with the petition or fails to file Certification #2 within [30] days of the filing of the petition, the Clerk shall make a notation on the docket of that failure. Thereafter, the Clerk shall promptly serve upon the debtor and the lessor a certified copy of the docket entry indicating the absence of a filed Certification and indicating the applicability of the exception to the stay under § 362(b)(22). See also 11 U.S.C. § 362(l)(4)(A). (No fee will be accessed for the issuance or service of these certified copies.) Vt. LBR 4001-3. AUTOMATIC STAY CONTINUATION; IMPOSITION; VERIFICATION (a) Motion for Continuation of Automatic Stay. A party in interest seeking to continue the automatic stay pursuant to 11 U.S.C. § 362(c)(3) must move for such continuation within 14 days of the filing of the petition and must demonstrate that the filing of the debtor's later case was in good faith as to those creditors to be stayed. Therefore, the movant shall contact the Courtroom Deputy to schedule an evidentiary hearing with seven (7) days' notice. See Vt. LBR 9014-1(e)(2). The motion and notice of hearing shall be served on the debtor, the debtor's attorney, if any, the case trustee, the Office of the U.S. Trustee, and all creditors. The movant, and any other party in interest who wishes to join or oppose the motion, shall file a Rule 9014(e) Notice of Evidentiary Hearing, see Vt. LB Form V, no later than three (3) business days before the hearing. If the movant fails to file the requisite Rule 9014(e) Notice, it shall be limited to the admissible evidence, if any, submitted with the motion for continuation of the automatic stay. (b) Motion for Imposition of Automatic Stay. A party in interest seeking to impose the automatic stay pursuant to § 362(c)(4) must move for such imposition within [30] days of the filing of the petition and must demonstrate that the filing of the debtor's later case was in good faith as to those creditors to be stayed. Therefore, the movant shall contact the Courtroom Deputy to schedule an evidentiary hearing with seven (7) days' notice. See Vt. LBR 9014-1(e)(2). The motion and notice of hearing shall be served on the debtor, the debtor's attorney, if any, the case trustee, the Office of the U.S. Trustee, and all creditors. The movant, and any other party in interest who wishes to join or oppose the motion, shall file a Rule 9014(e) Notice of Evidentiary Hearing, see Vt. LB Form V, no later than three (3) business days before the hearing. If the movant fails to file the requisite Rule 9014(e) Notice, it shall be limited to the admissible evidence, if any, submitted with the motion to impose a stay. (c) Motion for Verification that Automatic Stay Is Not in Effect. A party in interest seeking verification pursuant to § 362(c)(4) that the automatic stay is not in effect must move for such verification, on notice to the debtor, the debtor's attorney, if any, the case trustee, the Office of the U.S. Trustee, and all creditors. The motion may be noticed under the Court's default notice procedure, see Vt. LBR 9013-4(b).
41
VT. LBR 4001-4. CASH COLLATERAL
VT. LBR 4001-4. CASH COLLATERAL (a) Motion Content. A motion for use of cash collateral pursuant to § 363 shall (1) explicitly state the adequate protection being offered to the secured creditor, (2) summarize all appraisals and projections, and (3) identify the amount and source of collateral to be used . (b) Interim Hearing on Use of Cash Collateral. If, before the required [15]-day notice period has expired, the debtor requests an interim hearing to obtain Court authorization to use only that amount of cash collateral as is necessary to avoid immediate and irreparable harm to the estate pending a final hearing, the motion for interim relief shall provide: (1) the facts necessary for the Court to determine whether the debtor is at risk of immediate and irreparable harm; and (2) a detailed breakdown of the amount of cash requested and how it will be used. In exigent circumstances, the Court may authorize that the interim hearing be conducted by telephone or video conference without transcript or recording. See Vt. LBR 5007-1(c). The movant shall serve all secured creditors whose collateral is subject to the motion with notice of the interim hearing in the manner directed by the Court. See also Vt. LBR 9075-1 (providing instructions for handling emergency matters in this Court). (c) Final Hearing on Use of Cash Collateral. A final hearing on a motion to use cash collateral may be held no earlier than [15] days after service of the motion. However, if (1) the Court held an interim hearing on the motion where all parties in interest were present and where the Court approved the use of the cash collateral requested, and (2) the movant does not seek authorization to use additional cash collateral, then, in its discretion, the Court may cancel the final hearing. In such an instance, the Court may issue a final order on the motion after the [15]-day notice period. In any event, in addition to the noticing requirements under the Bankruptcy Code and the Bankruptcy Rules, the final cash collateral hearing must be on notice to all parties on the master mailing list and on any other party who has interest in the cash collateral. (d) Stipulation for Use of Cash Collateral. A stipulation for use of cash collateral shall include the same information that is required under paragraphs (a) and (b) above. Notice required under Vt. LBR 9013-2 is waived for stipulated motions for use of cash collateral when: (1) all parties entitled to notice have been served with the motion; and (2) all parties in interest stipulate to the relief, see Vt. LBR 9011-4(f), (g). VT. LBR 4001-5. OBTAINING CREDIT (a) Generally. Except for Chapter 13 debtors seeking to borrow funds to purchase motor vehicles, see paragraph (b), below, or for extraordinary expenditures to support health and general welfare, see paragraph (c), below, parties seeking to obtain credit shall follow the procedure set forth in Vt. LBR 4001-4. (b) Purchase of a Motor Vehicle During a Chapter 13 Case. During the pendency of a Chapter 13 Plan, a debtor may borrow funds to purchase a motor vehicle only with approval of the Chapter 13 trustee and/or the Court, in accordance with the following procedure(s): (1) Request for $15,000 or Less. The debtor must seek the Chapter 13 trustee's approval, using the trustee's "Loan Approval Request" form (the "Request Form"), see Vt. LB Appendix VII. The debtor and the debtor's attorney, if any, must sign the Request Form. If the Chapter
42
VT. LBR 4001-5. OBTAINING CREDIT
13 trustee determines the request will not involve a material modification of the debtor's budget, and is in the best interest of the debtor and the bankruptcy estate, the trustee shall approve the request and file the approved Request Form with the Clerk. (Note: No notice to creditors is required if the Chapter 13 trustee approves the Request.) (2) Request for More than $15,000 or Request Where the Chapter 13 Trustee Declines to Approve Borrowing. The debtor must file a motion seeking the Court's approval where the debtor seeks to borrow more than $15,000 or where the Chapter 13 trustee has declined to approve the debtor's borrowing request. The motion shall include: (A) a description of the motor vehicle the debtor seeks to purchased (i.e., make, model, year, VIN); (B) its purchase price and name of seller; (C) the proposed lender of the funds; (D) the terms of financing; (E) a description of how the debtor proposes to make any down payment on the purchase of the motor vehicle; and (F) if the Chapter 13 trustee has not approved the requested borrowing, a copy of the denied Request Form. The motion for Court approval must be noticed to the Chapter 13 trustee, the Office of the U.S. Trustee, and all creditors, and may be noticed under the Court's default procedure, see Vt. LBR 9013-4(b). (c) Extraordinary Expenditure to Support Health and General Welfare During a Chapter 13 Case. During the pendency of a Chapter 13 Plan, a debtor may borrow and/or spend funds for an extraordinary, but necessary and reasonable, expense in order to maintain the health and general welfare of the debtor (and/or the debtor's dependents), but only with approval of the Chapter 13 trustee and/or the Court, in accordance with the following procedure(s): (1) Request for $5,000 of Less. The debtor must seek the Chapter 13 trustee's approval, using the trustee's "Loan Approval Request" form (the "Request Form"), see Vt. LB Appendix VII. The debtor and the debtor's attorney, if any, must sign the Request Form. If the Chapter 13 trustee determines the request will not involve a material modification of the debtor's budget, and is in the best interest of the debtor and the bankruptcy estate, the trustee shall approve the request and file the approved Request Form with the Clerk. (Note: No notice to creditors is required if the Chapter 13 trustee approves the Request.) (2) Request for Greater than $5,000 or Request Where the Chapter 13 Trustee Declines to Approve Borrowing. The debtor must file a motion seeking the Court's approval where the debtor seeks to borrow more than $5,000 or where the Chapter 13 trustee has declined to approve the debtor's borrowing request. The motion shall set forth with specificity the nature of the expenditure, explaining why the debtor believes it is necessary and reasonable for the health and general welfare of the debtor and/or the debtor's dependents. If the
43
VT. LBR 4001-6. USE, SALE OR LEASE OF PROPERTY
Chapter 13 trustee has not approved the requested borrowing, a copy of the denied Request Form must be filed with the motion. Said motion must be noticed to the Chapter 13 trustee, the Office of the U.S. Trustee, and all creditors, and may be noticed under the Court's default procedure, see Vt. LBR 9013-4(b). VT. LBR 4001-6. USE, SALE OR LEASE OF PROPERTY See Vt. LBR 6004-1. VT. LBR 4002-1. DEBTOR'S DUTIES -- GENERALLY (a) Filing Certificate from Approved Nonprofit Budget and Credit Counseling Agency. To comply with 11 U.S.C. § 109(h), a debtor who is an individual must file with his/her petition either: (1) a certificate received from an approved nonprofit budget and credit counseling agency evidencing compliance with the requirements of § 109(h)(1); or (2) a certification made under penalty of perjury that, pursuant to § 109(h)(3), the debtor is seeking a temporary waiver of complying with § 109(h)(1), together with an explanation of the exigent circumstances warranting the temporary waiver, and stating that the debtor has requested the required creditor counseling services during the [5]-day period beginning on the date on which the debtor made the request, see Vt. LB Form K; or (3) a certification made under penalty of perjury that, pursuant to § 109(h)(4), the debtor is seeking a permanent waiver of complying with § 109(h)(1), together with a representation that the debtor is either incapacitated, disabled, or in active military duty in a military combat zone (as those categories are more fully defined in § 109(h)(4)). See Vt. LB Form K; see also paragraph (b), below (providing further requirements for seeking permanent waiver). If a debtor files a certification seeking a temporary waiver of § 109(h)(1), the Court may hold an expedited hearing on three (3) business days' notice to the parties. Where the Court grants a debtor's request for temporary waiver, the debtor shall have 30 days to file a certificate evidencing compliance with the requirements of § 109(h)(1). The debtor may move for an additional 15-day extension upon a showing of cause. (Note: Failure to file a certificate from an approved nonprofit budget and credit counseling agency evidencing compliance with the requirements of § 109(h)(1) within the additional time allowed by the Court subjects the debtor's case to dismissal without further notice or hearing.) (b) Motion for Waiver of § 109(h)(1) Requirement. A debtor filing a certification for a permanent waiver of § 109(h)(1) must also file a motion for an order granting permanent waiver of compliance with § 109(h)(1). The debtor's certification is to be attached to the motion. Such motion shall be served on the case trustee, the Office of the U.S. Trustee, and all creditors, and may be noticed under the Court's default procedure. See Vt. LBR 9013-4(b). (c) Filing Payment Advice Cover Sheet. See Vt. LBR 1007-1(c).
44
VT. LBR 4002-1. DEBTOR'S DUTIES -- GENERALLY
(d) Document Production at § 341 Meeting of Creditors. See also Vt. LBR 1002-1(b). (1) If a debtor's schedules and statements and other required documents, see subparagraphs (2)(4), below, will not be filed at least seven (7) days before the date of the first § 341 meeting of creditors, the debtor must notify all creditors of this fact, and, with the case trustee's consent, reschedule the § 341 meeting to the next available date, unless the debtor and the debtor's attorney, if any, appear at the § 341 meeting. (2) In all Chapter 7 cases, to the extent the debtor has it, each debtor shall provide the case trustee with the following documents at least seven (7) days before the first scheduled § 341 meeting of creditors: (A) for each residence, condominium, cooperative apartment, mobile home, lot, real property or time-share owned and/or set forth on the debtor's schedules: (i) a copy of the deed of title and all mortgage deeds showing recording information and/or stock certificates; (ii) recent evidence of value (e.g., tax bill, grand list value), and copies of all appraisals performed within the last three (3) years; and (iii) current mortgage statements, including the pay-off amount on or near the date of filing; (B) for each motor vehicle, snow machine, all-terrain vehicle (ATV), trailer or boat owned and/or set forth on the debtor's schedules: (i) a copy of the current title or, if none, a copy of the current registration; (ii) the secured creditor's statement of balance due; and (iii) a copy of the most recent appraisal or valuation;
(C) for each bank account in which the debtor had an interest within three (3) months prior to the filing, copies of the monthly bank statements for the three (3) months prior to the date of the filing; (D) for each personal injury lawsuit or other lawsuit or cause of action in which the debtor has an interest, including all those set forth on Schedule B of the debtor's schedules: (i) the name and address of the attorney representing the debtor in the matter; and (ii) a copy of the complaint and any correspondence with respect to the status of the action; (E) for the two (2) years prior to the year of the filing of the bankruptcy case, copies of the complete federal and state income tax returns, including all schedules and attachments, see also Vt. LBR 4002-2;
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VT. LBR 4002-1. DEBTOR'S DUTIES -- GENERALLY
(F) for all asset transfers within one (1) year prior to the filing, any documents evidencing said transfers including copies of the bills of sale, closing statements, deeds or divorce decrees; (G) for all retirement plans, annuities, and/or life insurance policies in which the debtor has had an interest within one (1) year prior to filing: (i) a statement of current value; and (ii) statements showing all activities in each retirement plan, annuity, and/or insurance policy for the twelve (12) months prior to the filing date; (H) a copy of any decree of divorce entered within one (1) year of the filing, all State of Vermont Form 813s ("Affidavit of Income and Assets") filed during the course of the divorce proceedings, or equivalent inventory documents; and (I) copies of all child support orders. (3) In Chapter 13 cases, each debtor shall provide the case trustee with copies of those documents referenced in subparagraph (1) above, as well as proof of insurance on all improved real estate, mobile homes, motor vehicles, boats, and/or business assets. The debtor shall also provide a written statement to the trustee indicating which of the debtor's assets are not insured and explaining why not; (4) The debtor shall provide such additional documents (or copies thereof) as the case trustee reasonably requests and which the debtor has available. (Note: Additionally, a debtor is to bring (1) a form of government-issued photo identification and (2) his/her Social Security card or, in the event the debtor does not have an original Social Security card, an original medical insurance card if it includes the debtor's Social Security number, an original pay stub if it includes the debtor's Social Security number, an original W-2 form, an original IRS Form 1099, or an original Social Security Administration report.) (e) Chapter 11 Debtor's Books and Records. Upon filing a bankruptcy petition, each Chapter 11 debtor shall close and preserve its present books of account and its present bank accounts. Debtors-in-possession shall open and maintain new books of account showing all income, expenditures, receipts and disbursements, and all other necessary financial information of the debtor while a debtor-in-possession, and shall open and maintain new bank accounts ensuring that each such account clearly designates the debtor as a debtor-in-possession. (f) Chapter 11 Debtor's Monthly Operating Reports. Each Chapter 11 debtor shall file original signed monthly operating reports with the Clerk. Each Chapter 11 debtor shall also provide timely paper copies, with original signatures, of monthly operating reports to the Office of the U.S. Trustee, unless the Office of the U.S. Trustee agrees to accept reports in a different format or medium. (g) U.S. Trustee Operating Guidelines. A Chapter 11 debtor shall comply with all operating guidelines issued by the Office of the U.S. Trustee, unless the Court, for good cause shown and after proper notice, modifies or waives the debtor's obligation to do so.
46
VT. LBR 4002-2. DEBTOR'S DUTIES -- FURTHER REQUIREMENTS REGARDING TAX RETURNS
VT. LBR 4002-2. DEBTOR'S DUTIES -- FURTHER REQUIREMENTS REGARDING TAX RETURNS (a) Creditor's Request for Tax Returns. A creditor of a debtor may request a copy of a debtor's federal income tax return for the most recent tax year ending immediately before the commencement of the debtor's case. The request must: (1) be in accordance with 11 U.S.C. § 521(e)(2)(A)(ii); (2) be made in writing, with such writing substantially conforming to Vt. LB Form L-1 ("Request for Copy of Debtor's Tax Returns Pursuant to 11 U.S.C. § 521(e)(2)"); (3) be made no fewer than 14 days before the § 341 meeting of creditors; (4) contain a certificate of service indicating when and how the creditor's request was sent to the debtor, the debtor's attorney, if any, the joint tax filer, if the tax return is joint, the case trustee, and the Office of the U.S. Trustee; and (5) be filed with the Clerk contemporaneously with service. (b)Debtor's Response to Request. (1) Compliance. When providing a requesting creditor with the requested tax return, the debtor is to first redact all personal data identifiers. See Vt. LBR 5001-3(c). Thereafter, upon complying with the creditor's request, the debtor shall file a certification of compliance that substantially conforms to Vt. LB Form L-2 ("Debtor's Certification re: Provision of Tax Returns to Creditor"). (2) Objection. If a debtor disputes that the requesting creditor is a creditor in debtor's case or disputes the stated grounds for the necessity of providing the tax return to the requesting creditor, the debtor may file an objection at least seven (7) days prior to the § 341 meeting of creditors. The Court will set a hearing to determine whether the debtor is required to provide the requesting creditor with a copy of the debtor's tax return. (3) Consequences of Failure to Respond; Motion to Compel. The debtor's failure to timely comply with the request subjects the debtor's case to dismissal. Further, where a debtor neither complies with nor objects to a creditor's request for copies of a tax return, the requesting creditor may move to compel the debtor to supply the requested tax return. Said motion to compel shall include: (A) the date of the creditor's request, see paragraph (a), above; (B) an affirmation made pursuant to 28 U.S.C. § 1746 that the creditor's request was timely and in compliance with the Bankruptcy Code and Rules; (C) an affirmation made pursuant to 28 U.S.C. § 1746 that the requested tax return was not received by the creditor; (D) a description of the creditor's status in the case; (E) a description of the specific tax information sought;
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VT. LBR 4002-3. DEBTOR'S DUTIES -- CONSEQUENCES OF FAILURE TO FILE REQUISITE DOCUMENTS
(F) a statement that the creditor cannot obtain the information from any other source; and (G) a statement demonstrating the creditor's need for the tax return(s). See generally In re Emily Byrne, No. 06-10594, 2007 WL 2580834 (Bankr. D. Vt. June 15, 2007). If the Court deems it necessary, it may hold an expedited hearing on the motion to compel on three (3) business days' notice to the parties. (c) Request that Debtor File Tax Returns with Court. If, pursuant to § 521(f), a party in interest or the Office of the U.S. Trustee requests that an individual debtor file tax returns with the Court, such request shall be made by motion on notice to the debtor, the debtor's attorney, if any, the case trustee, and the Office of the U.S. Trustee if not the movant. (d)Request for Access to Tax Returns Filed with Court. Any tax returns filed with the Court (through the Clerk) will be available for inspection only upon request by motion and only by parties in interest; all other access (whether via the Internet, CM/ECF or PACER) shall be restricted. A motion requesting access to tax returns filed with the Court shall: (1) describe the movant's status in the case; (2) specify the tax return(s) sought; (3) contain a statement that the movant cannot obtain the information from any other source; and (4) contain a statement demonstrating movant's need for the tax return. See, e.g., In re Emily Byrne, No. 06-10594, 2007 WL 2580834 (Bankr. D. Vt. June 15, 2007). If a debtor stipulates to the relief sought in the motion, no hearing is required; otherwise, the motion must be noticed to the debtor, the debtor's attorney, if any, the case trustee, and the Office of the U.S. Trustee under the Court's conventional noticing procedure. See Vt. LBR 9013-3. VT. LBR 4002-3. DEBTOR'S DUTIES -- CONSEQUENCES OF FAILURE TO FILE REQUISITE DOCUMENTS (a) Motion Requesting Dismissal. Where a debtor has failed to file the requisite documents identified in § 521, then, pursuant to § 521(i)(2), a party in interest may move for dismissal of the debtor's case after the later of: (1) [fifteen (15)] plus one (1) days after the filing of the petition; (2) the day after the expiration of any extension granted by the Court; or (3) the day after any show cause hearing held as a result of the debtor's failure to file the requisite documents. Such motion shall be served upon the debtor, the debtor's attorney, if any, the case trustee and the Office of the U.S. Trustee on seven (7) days' notice, pursuant to Vt. LBR 9013-3 (conventional noticing procedure).
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VT. LBR 4002-4. CURRENT CONTACT INFORMATION
(b) Objection(s) to Motion. During the notice period of the § 521(i)(2) dismissal motion, the debtor may either come into compliance with § 521(a)(1) or file an objection to the motion; any party in interest may join in debtor's objection or file its own objection to the motion. In either event, all objections must be filed within seven (7) days' service of the motion; the Court shall schedule a hearing within seven (7) days of the filing of the objection. No order of dismissal shall be entered until after the Court rules on any objection to dismissal that has been filed. (c) Trustee's § 521(i)(4) Motion. At any time prior to the expiration of the time period within which a debtor is required to file payment advices, the case trustee may file a motion pursuant to § 521(i)(4) requesting that the case not be dismissed notwithstanding the debtor's failure to file payment advices. To prevail on such a motion, the case trustee must establish both that (1) the debtor attempted in good faith to file copies of all payment advices, and (2) the best interest of the creditors will be served by the administration of the estate. The trustee's motion shall be served on all creditors on seven (7) days' notice pursuant to Vt. LBR 9013-3. (d) Sequence of Adjudicating Multiple Dismissal Motions. If a trustee's § 521(i)(4) motion is pending at the time a party in interest files a § 521(i)(2) dismissal motion, or if any two such motions are pending simultaneously, the Court will defer consideration of the § 521(i)(2) dismissal motion until after an order is entered on the trustee's § 521(i)(4) motion. VT. LBR 4002-4. CURRENT CONTACT INFORMATION (a) Generally. Throughout one's bankruptcy case, a debtor has a continuous duty to maintain a current mailing address with the Clerk's Office. If a debtor's address changes in the course of the bankruptcy case, the debtor is to promptly file a statement of address change with the Clerk, see Vt. LB Form M. (b) Pro Se Parties. A pro se debtor or a pro se creditor who appears in a bankruptcy case shall, in addition to an address, also provide the Clerk's Office with a current telephone number, if any, and a current e-mail address, if any. If any of that information changes during the course of the debtor's bankruptcy case, the pro se party shall promptly file with the Clerk a statement of change. See Vt. LB Form M. VT. LBR 4003-1. EXEMPTIONS Property claimed as exempt in Schedule C of a bankruptcy petition must be specific; general descriptions, such as "automobile," "various" or "common stock," are not sufficient. Statutory citations, including the relevant subsections, authorizing an exemption must be set forth together with the value claimed as exempt. In a joint case, the exemptions claimed by each debtor shall be separately identified by spouse. See Vt. LBR 1015-1(a). VT. LBR 4003-2. LIEN AVOIDANCE (a) Lien Avoidance Generally. In a Chapter 7 case, a motion filed pursuant to § 522(f) to avoid the fixing of a lien on an interest of the debtor in property must be filed before the case is closed. In a Chapter 12 or 13 case, a § 522(f) motion to avoid lien must be filed at or before the date that the confirmation order is entered. Whether filed in a Chapter 7, 12 or 13 case, the motion to avoid lien must specify:
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VT. LBR 4003-2. LIEN AVOIDANCE
(1) A clear description of the property subject to the lien in question; (2) the value of the property; (3) the basis for the property valuation; (4) the name and address of each entity that holds a lien of record against the property; (5) the amount due on each lien; (6) the amount of the claimed exemption; and (7) the basis for alleging that the lien sought to be avoided is a judicial, and not, a statutory lien. See Vt. LB Form N (model lien avoidance motion). (b) Identification of Liens Subject to Avoidance in a Chapter 12 or Chapter 13 Plan. The debtor must also identify any lien subject to avoidance pursuant to § 522(f) in the Chapter 12 or Chapter 13 plan, and the debt currently secured by such lien must be included in the amount of unsecured debt for purposes of projecting the minimum dividend for general unsecured creditors. The debtor must clearly specify the treatment of the lien and underlying debt in both the plan and the confirmation order. The debtor is also required to file a lien avoidance motion. See paragraph (a), above. (c) Orders Granting Motions to Avoid Liens. If a debtor prevails on a motion to avoid lien, the order must specifically provide that the lien is avoided only if the case is not dismissed. Further, in a Chapter 12 or Chapter 13 case, the order shall be conditional and shall not be recorded in the relevant land records until the debtor has completed his/her Chapter 12/13 plan and the Chapter 12/13 trustee has endorsed the order certifying that the plan has been completed. Trustee certification language shall substantially comply with the following: Certification of Chapter 12/13 Trustee Pursuant to 28 U.S.C. § 1746, I, [name], the Chapter 12/13 Standing Trustee for the District of Vermont, hereby certify that the Debtor has completed his/her Chapter 12/13 Plan. Dated: ____________ ____[signature]_____ Chapter 12/13 Trustee
50
VT. LBR 4004-1. DISCHARGE HEARINGS
VT. LBR 4004-1. DISCHARGE HEARINGS Reserved Vt. LBR 4004-2. DISCHARGES (Note: See also Vt. LBR 7041-1.) (a) Official Form 23 Required to be Filed Before Entry of Discharge. To evidence completion of the post-petition financial management course required of each individual Chapter 7 and Chapter 13 debtor before entry of the discharge order, each such debtor must sign and file Official Form 23, entitled "Debtor's Certification of Completion of Instructional Course Concerning Personal Financial Management." (Note: This form is different from, and not a substitute for, the certification received from a pre-petition credit counseling provider and filed at the beginning of a case.) See also Vt. LBR 9011-4(c) (outlining signature requirements for non-attorneys). (1) Deadline for Filing Official Form 23. In a Chapter 7 case, Official Form 23 must be filed within [45] days after the first date set for the § 341 meeting of creditors. In a Chapter 13 case, Official Form 23 must be filed either by the date the last payment is due under the debtor's confirmed plan or the date the debtor files a motion for entry of a discharge order. If the debtor fails to timely file the Official Form 23, the debtor's case may be closed without entry of the discharge order. (2) Motion to Extend Filing Deadline. If, prior to the closing of a case, a debtor who has failed to timely file Official Form 23 seeks to file Form 23, he/she must first file a motion to extend the time, nunc pro tunc. The motion must demonstrate cause to extend the time; it shall be accompanied by the debtor's affidavit or certification, made under penalty of perjury, explaining the reason for the failure to timely file Form 23. The debtor must serve the motion on the case trustee, the Office of the U.S. Trustee, and any other parties the Court directs. (3) Motion to Reopen Case to Extend Time for Filing of Form 23 and Enter Discharge. If, based on a debtor's failure to timely file Official Form 23, the case is closed before entry of the discharge, a debtor must first move to reopen the case before moving for entry of discharge. In addition to the motion to reopen the case, the debtor must simultaneously file a motion to extend the time to file Official Form 23. See subparagraph (2), above (instructing that motion to extend time must be accompanied by debtor's affidavit or certification). The motion to reopen must be served on the case trustee, the Office of the U.S. Trustee, and any other parties the Court directs. (Note: The motion to reopen requires the payment of a filing fee.) (b) Certifications of Compliance and Motions for Entry of Discharge Order in Chapter 12 and Chapter 13 Cases. (Note: In order to obtain a discharge, in addition to paragraph (a), above, a debtor must also file the following documents.) (1) Certification of Compliance in Chapter 12 Cases. With respect to all Chapter 12 cases filed on or after October 17, 2005, a debtor must file a certification of compliance and motion requesting entry of a discharge order (the "certification/motion"). In said certification/motion, in compliance with 28 U.S.C. § 1746, the debtor(s) must certify that
51
VT. LBR 4004-1. DISCHARGE HEARINGS
he/she(they) has(have): (A) made all payments required under the confirmed Chapter 12 plan (the "Plan"); (B) fully complied with the terms of the Plan; (C) either (i) is not required by any judicial or administrative order or law to pay a domestic support obligation (i.e., child support or spousal support), or (ii) was required to pay a domestic support obligation during the Chapter 12 case and that all such payments on said obligation have been made through the date of the motion; and (D) either (i) has not claimed a homestead exemption in excess of the $125,000 cap described in § 522(q)(1), or (ii) has no reason to believe that there is any pending investigation or proceeding in which the debtor may be found guilty of: (a) a felony involving the abuse of bankruptcy law; (b) any violation of federal or state securities law; (c) fraud, deceit or manipulation in a fiduciary capacity (where the debtor is responsible for managing someone else's monies, property or affairs) involving the purchase or sale of any securities; (d) any civil offense under § 1964 of Title 18 of the U.S. Code (federal criminal laws); or (e) any criminal act, any intentional harm to another or willful or reckless misconduct that caused serious physical injury or death to another individual in the preceding five (5) years. If the debtor was represented by an attorney during the course of the Chapter 12 case, the debtor's attorney shall certify that he/she has explained the requirements for a discharge to the debtor and that to the best of the attorney's knowledge, the debtor qualifies for a discharge under §§ 521 and 1228(a) and (f). The attorney's certification shall be filed with the debtor's certification/motion. The debtor shall serve the certification/motion upon the beneficiary(ies) of the debtor's domestic support obligation(s), if any, the Chapter 12 trustee, the Office of the U.S. Trustee, and any parties who have appeared in the case. The debtor may notice the certification/motion using the Court's default procedure. See Vt. LBR 9013-4(b). If no certification/motion is filed, then no discharge shall be entered. Where no certification/motion is filed within a reasonable time after completion of the payments due under the Plan, the case may be closed without entry of a discharge order. See Vt. LB Form O-1 (model Chapter 12 Certification/Motion). (2) Certification of Compliance in Chapter 13 Cases. With respect to all Chapter 13 cases filed on or after October 17, 2005, a debtor must file a certification of compliance and motion requesting entry of a discharge order (the "certification/motion"). In said certification/motion, in compliance with 28 U.S.C. § 1746, the debtor(s) must certify that
52
VT. LBR 4004-1. DISCHARGE HEARINGS
he/she(they) has(have): (A) made all payments required under the confirmed Chapter 13 plan (the "Plan"); (B) fully complied with the terms of the Plan; (C) completed a post-petition instructional course concerning personal financial management as described in § 111 and has filed a copy of Official Form 23 (the Certification of Completion), see paragraph (a), above, either prior to the filing of the certification/motion or together with the certification/motion; (D) either (i) is not required by any judicial or administrative order or law to pay a domestic support obligation (i.e., child support or spousal support), or (ii) was required to pay a domestic support obligation during the Chapter 13 case and that all such payments on said obligation have been made through the date of the motion; (E) has not received a discharge in any prior Chapter 7, 11, or 12 bankruptcy case in which the debtor was a debtor during the 4-year period prior to the date that the debtor filed the present Chapter 13 case and the debtor has not received a discharge in any prior Chapter 13 case during the 2-year period before filing the present case; and (F) either (i) has not claimed a homestead exemption in excess of the $125,000 cap described in § 522(q)(1), or (ii) has no reason to believe that there is any pending investigation or proceeding in which the debtor may be found guilty of: (a) a felony involving the abuse of bankruptcy law; (b) any violation of federal or state securities law; (c) fraud, deceit or manipulation in a fiduciary capacity (where the debtor is responsible for managing someone else's monies, property or affairs) involving the purchase or sale of any securities; (d) any civil offense under § 1964 of Title 18 of the U.S. Code (federal criminal laws); or (e) any criminal act, any intentional harm to another or willful or reckless misconduct that caused serious physical injury or death to another individual in the preceding five (5) years. If the debtor was represented by an attorney during the course of the Chapter 13 case, the debtor's attorney shall certify that he/she has explained the requirements for a discharge to the debtor and that to the best of the attorney's knowledge, the debtor qualifies for a discharge under §§ 521, 1308, and 1328(a), (g)(1), and (h). The attorney's certification shall be filed with the debtor's certification/motion. The debtor shall serve the certification/motion upon the beneficiary(ies) of the debtor's domestic support obligation(s), if any, the Chapter 13 trustee, the Office of the U.S. Trustee, and any parties who have appeared in the case. The debtor may notice the certification/motion using the Court's default procedure. See Vt. LBR 9013-4(b).
53
VT. LBR 4008-1. REAFFIRMATIONS
If no certification/motion is filed, then no discharge shall be entered. Where no certification/motion is filed within a reasonable time after completion of the payments due under the Plan, the case may be closed without entry of a discharge order. See Vt. LB Form O-2 (model Chapter 13 Certification/Motion). (3) Entry of Discharge in Chapter 12 and Chapter 13 Cases. A discharge order will not be entered in a Chapter 12 or Chapter 13 case until: (A) the Court has made the requisite findings that there is no reasonable cause to believe that (i) § 522(q)(1) of the Bankruptcy Code may be applicable to the debtor, and (ii) there is pending any proceeding in which the debtor may be found guilty of a felony of the kind described in § 522(q)(1)(A) of the Bankruptcy Code or liable for a debt of a kind described in § 522(q)(1)(B); and (B) the Chapter 12/13 trustee has filed his Final Report. (4) Request for Early Entry of Discharge in Chapter 12 and Chapter 13 Cases. Typically, there is a 60-day period between the date of a debtor's last plan payment and the date of the filing of the Trustee's Final Report. If a debtor seeks entry of discharge before the filing of the Trustee's Final Report, either the debtor must file a motion showing cause for the early entry of discharge or the debtor and Chapter 12/13 trustee must file a stipulation seeking entry of the discharge order prior to the filing of the Final Report. (Note: No discharge will be entered prior to the completion of plan payments.) (c) Sua Sponte Denial of Discharge. The Court may sua sponte deny a discharge in a Chapter 7 or Chapter 13 case if a debtor fails to file all required documents. See, e.g., §§ 727(a)(11) and 1328(g); Official Form 23. Further, in Chapter 7 cases, in addition to the grounds for denying a discharge itemized in Bankruptcy Rule 4004(c), the Court may sua sponte deny a discharge if the debtor fails to appear and be examined at the § 341 meeting of creditors without leave of the Court or has violated any other order of the Court. VT. LBR 4007-1. DISCHARGEABILITY COMPLAINTS Reserved VT. LBR 4008-1. REAFFIRMATIONS (a) General Requirements. Any reaffirmation agreement between a debtor and a creditor must comply with § 524 and be filed on the official national bankruptcy form, "Form 240A Reaffirmation Agreement (1/07)" (hereinafter, "Form 240A"). See also Vt. LB Appendix III ("Vermont Reaffirmation Agreement Flow Chart"), and Vt. LB Appendix IV ("Vermont Reaffirmation Check List"). (b) Separate Certification Required. Together with Form 240A, a separate cover sheet, "Official Form 27," shall be completed and filed. See Vt. LB Form B27. The completed and filed Official Form 27 shall include the modified "Filer's Certification," which shall read: "I, __________, hereby certify that the attached agreement is a true and correct copy of the reaffirmation agreement between the parties identified in this Reaffirmation Agreement Cover
54
VT. LBR 4008-1. REAFFIRMATIONS
Sheet and complies with the requirements set forth in § 524." A Form 240A reaffirmation agreement that does not include this mandatory cover sheet shall be considered defective; in such an instance, the Clerk's Office will send the filer a deficiency notice. (Note: The Court has created an instruction sheet to assist the filer in successfully completing Official Form 27. It is attached to Vt. LB Form B27.) The Form 240A reaffirmation agreement and Official Form 27 shall be served upon the debtor, the debtor's attorney, if any, and the Office of the U.S. Trustee. (c) Additional Requirement When Debtor Identified a Third Party as the Additional Source of Funds. If a debtor seeking to overcome a presumption of undue hardship files a written statement that identifies a third party as the additional source of funds for making the payments under the reaffirmation agreement, then the third party must either appear and present testimony affirming his/her commitment to provide such additional funding or file an affidavit or certification made under penalty of perjury indicating: (1) the third party's relationship to the debtor; (2) the third party's ability and willingness to assist the debtor; (3) that the assistance of the third party is a voluntary commitment and is not a guarantee or promise of payment in favor of the creditor; and (4) the third party understands that his/her assistance may be a basis for the Court's approval of the reaffirmation agreement. (d) Hearing on Motion for Approval of Reaffirmation Agreement. Where one of the following circumstances is present, the Court will set a hearing to determine whether to approve the reaffirmation agreement: (1) the debtor is not represented by an attorney; (2) the debtor is represented by an attorney, but "Part C" of Form 240A is incomplete, modified, or not signed; (3) the debtor's stated monthly expenses exceed his/her stated monthly income; (4) in "Part D" of Form 240A, the debtor's net monthly income available to make all required payments is less than the amount of the payment due on the proposed reaffirmed debt and there is no explanation as to how the debtor can afford to make the required payment on the proposed reaffirmed debt; (5) the monthly income and monthly expenses listed in "Part D" of Form 240A do not match the debtor's monthly income listed in Schedule I and monthly expenses listed in Schedule J; and/or (6) the monthly expenses listed in "Part D" of Form 240A do not reflect payments due under other reaffirmation agreements the debtor has filed. (e) Circumstance When Motion and Order Not Required. No motion for approval of a reaffirmation agreement is necessary for reaffirmation of debt (1) secured by real property or (2) held by a credit union (as "credit union" is defined in § 19(b)(1)(a)(iv) of the Federal Reserve Act, codified at 12 U.S.C. § 461b). However, if a party files a motion for an order approving reaffirmation of either of these types of debt, then strict compliance with § 524 and this Local Rule is required. If such compliance is not found, the Court may set a hearing on the motion.
55
VT. LBR 4070-1. INSURANCE
(f) Presumed Unenforceability for Non-Compliance. Any reaffirmation agreement filed with the Court that does not comply with § 524 is presumed unenforceable. (g) Motion to Defer Entry of Discharge. Reaffirmation agreements must be made before the entry of discharge. A debtor may file a motion to defer the entry of discharge until after entry of a reaffirmation agreement to ensure compliance with § 524(c)(1) of the Bankruptcy Code. See also Vt. LBR 9072-1(c) (regarding allowed endorsement orders). (h) Motion to Vacate Discharge. (1) By the Debtor. A debtor seeking to file an otherwise enforceable reaffirmation agreement which was made after the entry of the discharge order must move to vacate the discharge order before filing the reaffirmation agreement; no notice or hearing is required. (2) By a Creditor. A creditor may also move to vacate a debtor's discharge to file an otherwise enforceable reaffirmation agreement which was made after the entry of the discharge order. In such an instance: (A) if the debtor consents to the creditor's motion, no hearing is required; or (B) if the creditor does not seek the debtor's consent or the debtor refuses to consent, a hearing is required. The creditor's motion must be noticed to the case trustee and the Office of the U.S. Trustee and may be noticed under the Court's default procedure, see Vt. LBR 9013-4(b). (Note: A creditor's request to vacate a debtor's discharge for any other purpose or on any other grounds must be effectuated through an adversary proceeding. See Bankruptcy Rule 7001.) (3) Required Language in Proposed Order. The following language shall be included in the proposed order granting the motion to vacate the discharge: "The Court will re-enter the discharge promptly after the entry of the order approving/disapproving the subject reaffirmation agreement." See also Vt. LBR 9072-1(c). Vt. LBR 4070-1. INSURANCE Unless specifically waived by the Court, a debtor in a Chapter 11, Chapter 12, or Chapter 13 case must: (a) have, and continue to maintain throughout the duration of the case, insurance on all property of the estate; (b) present proof of insurance to the case trustee before or at the first § 341 meeting of creditors, see also Vt. LBR 4002-1(d); and (c), within seven (7) days of a request, present proof of insurance to a secured creditor holding a secured claim on subject property. Vt. LBR 4071-1. VIOLATION OF AUTOMATIC STAY OR DISCHARGE INJUNCTION Before granting a motion to impose sanctions, the Court must first find proper notice has been provided to the party against whom sanctions are sought and then find there is sufficient evidence warranting imposition of sanctions against that party. Ordinarily, this will require conducting an evidentiary hearing. See, e.g., Vt. LBR 9014-1(e). However, where it determines proper notice has
56
VT. LBR 5001-2. CLERK OFFICE HOURS; LOCATION; WEBSITE
been provided and sufficient evidence has been presented, in its sole discretion, the Court may impose sanctions without a hearing.
PART V VT. LBR 5001-1. COURT ADMINISTRATION Reserved VT. LBR 5001-2. CLERK OFFICE HOURS; LOCATION; WEBSITE (a) Hours and Place for On-Site Filing and Access to Records. Petitions and all other documents may be filed and/or reviewed on-site in the Clerk's Office Monday through Friday, between 8:00 a.m. and 5:00 p.m., except on federal holidays. (b) Mailing Address, E-Mail Address, Telephone Number and Fax Number. The mailing address for the Clerk's Office is P.O. Box 6648, Rutland, VT 05702-6648. The physical location of the Clerk's Office is The Opera House, 67 Merchants Row, Rutland, VT 05701. The general e-mail address for the Clerk's Office is [email protected]. The telephone number for the Clerk's Office is (802) 776-2000, and the fax number is (802) 776-2020. (c) Website. Information about the Clerk's Office, these Local Rules, issued decisions of this Court, information about electronic case filing and the CM/ECF System, instructions for how to schedule a hearing, as well as other useful information, can be found on the Court's website at http://www.vtb.uscourts.gov. All information on the Court's website may be viewed on-line in the Clerk's Office during normal business hours, see paragraph (a), above. VT. LBR 5001-3. CLERK PUBLIC ACCESS TO RECORDS (a) Public Access to Court Electronic Records ("PACER") and Hours of Electronic Filing. The Clerk accepts electronically filed documents and makes the content of these documents available on the Court's website via "Public Access to Court Electronic Records" ("PACER"), 24 hours per day, seven (7) days per week. Any PACER subscriber is able to read, download, store, and print the full content of all filed documents (other than sealed documents) remotely, 24 hours per day, seven (7) days per week. Court records regarding closed or pending cases are also available on the CM/ECF System. However, only parties who are registered for CM/ECF may file documents and/or access information through the CM/ECF System. Documents may be filed, downloaded or viewed electronically, remotely, 24 hours per day, seven (7) days per week, in compliance with the procedures set forth in these Local Rules. Federal law prohibits use of the information posted on the CM/ECF System or otherwise made available by the Clerk's Office in ways that are inconsistent with the privacy of any person. (b) Orders Limiting Access to Sensitive Information. Any party in interest may file a motion for an order limiting electronic access to, or prohibiting the electronic filing of, sensitive information in a case upon a showing that public access to such material infringes upon privacy rights, that electronic access to such sensitive information is likely to be prejudicial, and that denial of public access is warranted. See Vt. LBR 5003-4.
57
VT. LBR 5003-1. CLERK DUTY TO MAINTAIN RECORDS
(c) Personal Data Identifiers. (1) Requirement to Redact. In compliance with the policy of the Judicial Conference of the United States and the E-Government Act of 2002, and in order to promote electronic access to case files while also protecting personal privacy and other legitimate interests, parties shall refrain from including, or shall partially redact where inclusion is necessary, the following personal identifiers from all documents filed with the Clerk, including exhibits thereto, whether filed electronically or non-electronically, unless otherwise ordered by the Court: (A) Social Security Numbers. If an individual's Social Security number is required to be included in a court filing, only the last four digits of that number should be used; however, this Rule does not apply to Official Form 21; (B) Taxpayer Identification Numbers. The taxpayer identification number of any nondebtor identified in a debtor's filings shall be redacted except for the last four digits; (C) Names of Minor children. If the existence of a minor child is required to be disclosed in a court filing, the child shall be identified only by the initials of his/her name; (D) Dates of birth. If an individual's date of birth is required to be disclosed in a court filing, it shall be disclosed by the year of birth only; and (E) Financial account numbers. If financial account numbers are required to be disclosed in a court filing, they shall be disclosed by the last four digits only of such account numbers. (2) Filer Responsible for Redacting. The responsibility for redacting these personal identifiers rests solely with the filer. Likewise, the responsibility for protecting personal information of the debtor, and preventing dissemination of personal information relating to individuals and others affiliated with the debtor that may be included on documents filed with the Clerk, rests solely with the debtor. The Clerk will not review each document filed to verify redaction of personal data identifiers. However, to the extent it comes to the attention of the Clerk that a document filed contains personal data identifiers, the Clerk shall restrict access to that document and direct the filer to re-file it in redacted form. (3) Request for Redacted Information. If a party determines it needs any of the aboveenumerated redacted information, such party shall contact the debtor's attorney (or the debtor if the debtor is proceeding pro se) to request it. If the party's request is refused, the party may then move the Court for a determination of whether grounds exist to compel the debtor to provide the requested information to the party and in what form. VT. LBR 5003-1. CLERK DUTY TO MAINTAIN RECORDS (a) General Duty to Maintain All Records. The Clerk shall maintain all official records of the Court. The official Court records for documents filed after April 1, 2002 are electronic records. If the Clerk receives any documents on paper or by e-mail or fax, the Clerk shall have the documents scanned into the appropriate case record, maintain the documents electronically, and thereafter dispose of the paper, e-mail or fax version received from the filer.
58
VT. LBR 5003-3. CLAIMS REGISTER
(b) Retention of Declarations REF and Chapter 11 Operating Reports. Parties are encouraged to file the following documents electronically, in PDF: (1) Declarations REF relating to the petition, schedules and statements filed to commence a case; (2) Declarations REF relating to amendments; and (3) Chapter 11 operating reports. The electronic PDF version of these enumerated documents shall be considered the official record and the electronic image of the inked signature on each such document shall be deemed an "original" signature. (c) Official Form 21, Statement of Social Security Number(s). The Clerk shall retain all Official Form 21s submitted for a minimum of five (5) years. Form 21s shall not be filed or become part of any case records. VT. LBR 5003-2. COURT DOCUMENTS REMOVAL OF Reserved Vt. LBR 5003-3. CLAIMS REGISTER In this Court, the Claims Register is maintained, and is accessible, electronically. A creditor may file a claim electronically, using the CM/ECF System, without retaining counsel, if the creditor registers for limited participation in the CM/ECF System. See "CM/ECF Information" on the Court's website, http://www.vtb.uscourts.gov (providing instruction on "Limited Participant CM/ECF Registration"). VT. LBR 5003-4. REQUIREMENTS FOR SUBMITTING & SEALING DOCUMENTS (a) Order Required to Seal Documents. All official records in possession of the Clerk are considered to be public documents available for inspection, both at the Clerk's Office and electronically, see, e.g., Vt. LBR 5001-3(a), unless otherwise ordered. Cases, documents, and proceedings may (1) be excluded from the public record, (2) have restricted access, or (3) be sealed, only by order of the Court. (b) Motion Required. A party requesting that a document be sealed, or be placed under restricted access, pursuant to § 107(b) or (c) and Bankruptcy Rule 9018 shall file a motion to seal together with the specific document(s) to be sealed or restricted. See also paragraph (c), below. A party requesting that a document be sealed pursuant to § 105 shall demonstrate compliance with the criteria established in the case of In re Hemple, No.: 02-11045, Order (Bankr. D. Vt. June 18, 2003), available at http://www.vtb.uscourts.gov. See also Vt. LB Appendix V. In either instance, the movant shall also indicate in the motion the reason the subject document(s) should be excluded from the public record and the length of time the party seeks to have the document(s) excluded. (c) Document for Which Sealing is Sought. The movant shall contact the Clerk's Office to arrange delivery of the document sought to be sealed for the Court's in-camera review and its final determination whether an order will be issued authorizing the sealing of the document. Unless the Court directs otherwise, the subject document shall be submitted in a sealed envelope to the Clerk in an electronic format approved by the Court (e.g., in PDF on a compact disk ("CD")).
59
VT. LBR 5005-1. FILING DOCUMENTS FORMAT REQUIREMENTS
(d) The Effect of Electronic Filing. The motion to seal shall be filed electronically and shall be part of the public record. But see, Vt. LBR 9013-1(g) (regarding ex parte motions). Further, the Court's order authorizing the filing of a document under seal shall be filed electronically and be part of the public record. However, the document authorized to be filed under seal shall be retained in electronic format, off the docket, and inaccessible to the public or any party outside those designated in the order. Where a motion to seal is granted, a copy of the order authorizing the sealing of the document shall be affixed to the envelope containing the electronic version of the subject document(s) and shall be delivered to the Clerk for secure retention. VT. LBR 5005-1. FILING DOCUMENTS FORMAT REQUIREMENTS Parties filing documents in this Court, whether electronically or non-electronically, must comply with the following presentation criteria: (a) Size and Format. Filings and attachments must conform to these specifications: (1) be on an 8½" x 11" page; (2) be plainly legible, whether typed, handwritten or duplicated; (3) have margins of no less than ¾", exclusive of page numbers; (4) be consecutively paginated, with page numbers on the bottom of the page; (5) use 1.5 or 2.0 line spacing, except for quoted material and footnotes; (6) use footnotes sparingly; and (7) if filed on paper, except for mailing lists, be stapled or otherwise attached, but not be permanently bound. (b) Identification of Attorney and Party Being Represented. The attorney's name, current office address, e-mail address, telephone number, fax number, and the name of the party the attorney is representing, must appear below the signature line of all filings, whether filed electronically or non-electronically. (c) Identification of Filings. All filings must contain: (1) the caption of the case, including the debtor's full name as stated on the petition and the chapter under which the case is currently proceeding, but excluding the debtor's Social Security number(s); (2) the case number, except for documents filed with or before the petition, when no case number has yet been assigned; (3) a title describing the filing's contents and/or the relief sought; (4) the name of the party on whose behalf it is filed; (5) signatures that comply with the current requirement regarding original, e-mail, fax, and electronic filing; and
60
VT. LBR 5005-2. FILING DOCUMENTS VIA THE CM/ECF SYSTEM--GENERALLY
(6) the title or function in the case of all persons named in the filed document. (d) Affidavits. An affidavit must identify the filing it relates to by indicating that document's title and date of filing. (e) Removed Actions. This Rule does not apply to documents filed in actions removed to this Court or to the transmission of the record from another court to this Court. VT. LBR 5005-2. FILING DOCUMENTS VIA THE CM/ECF SYSTEM--GENERALLY (a) Case Management/Electronic Case Filing ("CM/ECF"). Parties are strongly encouraged to file all petitions, pleadings, and other documents by electronic means directly into the CM/ECF System. Instructions and procedures for electronic filing via CM/ECF are posted on the Court's website at http://www.vtb.uscourts.gov, and are available from the Clerk's Office upon request. All documents filed electronically shall be filed, signed, and verified by means that are consistent with these Local Rules. See Vt. LBR 9011-1(c); Vt. LBR 9011-4. (b) Consequences of Electronic Filing. Electronic transmission of a document to the Clerk through the CM/ECF System consistent with these Local Rules, together with the transmission of a NEF, constitutes the filing of the document for all purposes of the Bankruptcy Rules and the Local Rules of this Court, and constitutes entry of the document on the docket kept by the Clerk pursuant to Bankruptcy Rule 5003. (c) Official Record and Deemed Filing Date. When a document has been filed electronically, the official record is the electronic recording of the document as stored by the Clerk, and the filing party is bound by the document as filed. A document filed electronically is deemed filed at the date and time entered into the CM/ECF System. See also Vt. LBR 1002-1(c), (d), and (e). (d) Filing Deadline Not Altered. Electronically filing a document does not alter the filing deadline for that document. Filing must be completed before midnight in order to be considered filed that day. (e) Relief Due to Technical Failures. A party whose electronic filing is rendered untimely as a result of a technical failure may seek relief from the Court. VT. LBR 5005-3. FILING DOCUMENTS VIA THE CM/ECF SYSTEM--REGISTRATION REQUIREMENTS (a) Registration and Passwords for Electronic Filings. Attorneys admitted to the Bar of this Court (including those admitted pro hac vice) shall, and U.S. Trustees and their assistants; bankruptcy administrators and their assistants; private trustees; creditors; and others as the Court deems appropriate, may register to use the Court's CM/ECF System. (1) For Attorneys. Registration is in the form prescribed by the Clerk and requires the registrant's name, address, telephone number, fax number, e-mail address, and both (A) a declaration that the attorney is admitted to the Bar of this Court and (B) a consent to service through the CM/ECF System. Further, prior to electronically filing documents in this Court, each attorney must enter an e-mail address into his/her CM/ECF User Profile.
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VT. LBR 5005-4. FILING DOCUMENTS VIA OTHER ELECTRONIC MEANS
(Note: The maintenance and control of the "Email Information" section of a user's CM/ECF account (in the "Utilities" menu of the CM/ECF System) is the responsibility of the registered user and not the responsibility of the Clerk; the information entered into this section will govern how a user will receive e-mail notifications and to which e-mail address(es) notifications will be sent.) (2) For Non-Attorneys. If the Court permits and after being trained by a member of the Clerk's Office, a party to a pending matter who is not represented by an attorney may register to use the CM/ECF System in that particular matter. Registration is in the form prescribed by the Clerk and requires identification of the case and matter in which the party seeks to participate electronically, as well as the name, address, e-mail address, telephone number, fax number, if any, of the party. If, during the course of the matter, the party retains an attorney who appears on the party's behalf, the attorney must advise the Clerk, and the Clerk shall terminate the party's CM/ECF registration upon the attorney's filing of a notice of appearance in the matter. (Note: Any party may file a motion for relief from stay, notice of appearance, notice of transfer of claim, proof of claim, request for notice in a case, or withdrawal of claim, without having registered to use the CM/ECF System. See Vt. LBR 2090-1(b)(6).) (b) Waiver of Service and Notice by U.S. Mail. Registration with the Clerk as a filing user of the CM/ECF System constitutes: (1) waiver of the right to service by personal service or by U.S. mail (first-class or certified) and consent to electronic service, except for service of a summons and complaint under Bankruptcy Rule 7004; and (2) waiver of the right to receive notice by U.S. mail (first-class or certified) and consent to receive notice electronically. Waiver of service and notice by U.S. mail applies to all documents filed in the case, including notice of entry of an order or a judgment under Bankruptcy Rule 9022. Pleadings and other documents filed electronically are deemed served upon all CM/ECF participants who are parties to the case or proceeding, unless the NEF indicates otherwise. (Note: While non-registered attorneys may be served via e-mail, they will not receive automatic e-mail notification through the CM/ECF System.) (c) Passwords and Their Security. Once registration is completed, the registrant will receive a user log-in and password. Persons registered to use the CM/ECF System agree to protect the security of their passwords and immediately notify the Clerk if they learn that their password has been compromised. Users may be subject to revocation of CM/ECF access and other sanctions if they fail to comply with this provision. Vt. LBR 5005-4. FILING DOCUMENTS VIA OTHER ELECTRONIC MEANS (a) Filing Documents by Fax. The Clerk accepts documents received by fax for filing. Parties filing documents by fax are required to simultaneously attempt service on all parties in interest via fax and simultaneously fax a certificate of service to the Clerk. Exhibits to pleadings, motions, and other documents that are filed by fax must be clearly marked as exhibits. If documents are faxed, the original of those documents should not be transmitted to the Clerk by other means (e.g., by U.S. mail). Court fees required at the time of filing must be paid pursuant to the provisions set forth in paragraph (c) of this Rule. See also Vt. LBR 1002-1(c); Vt. LBR
62
VT. LBR 5007-1. RECORD OF PROCEEDINGS & TRANSCRIPTS; ENSURING PRIVACY IN TRANSCRIPTS
5001-2(b) (providing Clerk's fax number). The Office of the U.S. Trustee will not accept service of any documents by fax; therefore, all items sent to the Office of the U.S. Trustee via fax must also be served on the Office of the U.S. Trustee either by hand-delivery, by U.S. mail (first class, postage pre-paid), or by private courier service. (Note: To the extent documents other than monthly operating reports are filed electronically, the Office of the U.S. Trustee will be served and notified electronically, making service by first class mail unnecessary. Monthly operating reports are still to be served on the Office of the U.S. Trustee by hand-delivery, U.S. mail (first class, postage pre-paid), or private courier service. See Vt. LBR 4002-1(f)(directing paper copies with original signatures be served on the Office of the U.S. Trustee).) (b) Filing Documents by E-Mail. Only in those circumstances where filing via CM/ECF or via fax is not possible or practical will the Clerk accept documents received by e-mail for filing; the appropriate e-mail address to use in such circumstances is: [email protected]. The documents to be filed must be PDF attachments to the transmittal e-mail. Parties filing documents by e-mail are required to simultaneously attempt service on all parties in interest via e-mail and simultaneously e-mail a certificate of service (as a PDF attachment) to the Clerk. Exhibits to pleadings, motions, and other documents that are filed by e-mail must be clearly marked as exhibits. If documents are e-mailed, the original of those documents should not be transmitted to the Clerk by other means (e.g., by U.S. mail). Court fees required at the time of filing must be paid pursuant to the provisions set forth in paragraph (c) of this Rule. See also Vt. LBR 1002-1(d); Vt. LBR 9011-4(d). (c) Form of Payment. A party shall make payments due in connection with documents filed by electronic means with a credit card. See Vt. LBR 5081-1(c). (d) Relief Due to Technical Failures. A party whose electronic filing is rendered untimely as a result of a technical failure may seek relief from the Court. VT. LBR 5007-1. RECORD OF PROCEEDINGS & TRANSCRIPTS; ENSURING PRIVACY IN TRANSCRIPTS (a) Recording of Proceedings and Hearings. Except as provided in paragraph (b) of this Rule, all trials and court proceedings, other than emergency hearings, shall be recorded by a court reporter or by an electronic recording system. (b) Audio Record of Court Proceedings. When the Court uses an electronic recording system to create an audio record of a proceeding, it will make a CD of the proceeding available within two (2) hours of the hearing for a fee to be set by the Clerk. However, the CD is not considered the official transcript of the proceeding. See paragraph (d), below. (c) Telephonic and Emergency Hearings. Telephonic and hearings on limited or no notice may be conducted when exigent circumstances require and with Court approval. See, e.g., Vt. LBR 9074-1; Vt. LBR 9075-1. A party wishing to have a transcript of a telephonic or emergency hearing that the Court would not otherwise record must provide a court reporter or other means of recording the hearing and must provide a transcript of the hearing to the Clerk within seven (7) days following the hearing.
63
VT. LBR 5007-1. RECORD OF PROCEEDINGS & TRANSCRIPTS; ENSURING PRIVACY IN TRANSCRIPTS
(d) Official Written Transcript. When a court reporter has recorded a proceeding, a party requesting an official transcript of the proceeding shall contact the court reporter directly. When an electronic recording system has been used to record a proceeding, a party requesting an official transcript must make that request to the Clerk; the Clerk shall provide the transcript (contained on CD) to a transcription service. In either instance, the requesting party (1) will be responsible for paying all expenses for preparing the transcript, and (2) must file a copy of the transcript with the Clerk. If the Court deems a transcript necessary, the Court may order a transcript and assign the transcription cost to the parties. (e) Procedures for Protecting Privacy. (1) Temporary Restriction Period. Transcripts filed with the Clerk shall be restricted initially to court users and case participants only; this temporary restriction period will afford interested parties the opportunity to review the transcript to determine if redaction of personal data identifiers is necessary to protect the privacy of witnesses and/or parties. The temporary restriction period shall be 21 days from the date of filing unless, after a showing of good cause, the Court orders the restriction period extended. (2) Information Subject to Redaction. The personal data identifiers a party may seek to be redacted include: (A) Social Security numbers; (B) names of minor children; (C) dates of birth; (D) home addresses of individuals other than the debtor; and (E) financial account numbers. (3) Filing a Request for Redaction. Upon review of the transcript and during the temporary restriction period, a party seeking redaction shall file a "Request for Redaction," see Vt. LB Form R, with the Clerk and serve a copy on the transcriber. On the Request for Redaction form, the party will identify the category or type of information to be redacted and will provide the location of the information in the transcript. (Note: Parties are reminded not to include the specific information sought to be redacted as the Request for Redaction form is a public filing.) (4) Form of Redaction. The transcriber shall redact personal data identifiers in the following manner: (A) Social Security numbers shall be limited to the last four digits; (B) names of minor children shall be limited to their initials only; (C) dates of birth shall be limited to years of birth only; (D) home addresses of non-debtor individuals shall be limited to city and state only; and
64
VT. LBR 5010-1. REOPENING CASES
(E) financial account numbers shall be limited to the last four digits. (5) Request for Redaction of Other Information. Upon a motion showing good cause and articulating the harm or prejudice that will ensue if the transcript is not redacted, a party may request that information other than that listed in subparagraph (2), above, be redacted from the transcript. See also Vt. LBR 5003-4 (articulating requirements for filing documents under seal). The motion shall be noticed to those parties who were present at the proceeding from which the transcript was produced. (6) Lifting of Temporary Restriction. (A) No Request or Motion Filed. If no Request for Redaction or Motion for Other Redaction is filed within the temporary restriction period, the Court shall conclude that the parties to the proceeding have no objection to the inclusion of the personal data identifiers and other information contained in the transcript. Therefore, at the expiration of the temporary restriction period, the temporary restriction on the transcript shall be lifted, making the transcript available to the general public, unless, for good cause, the Court determines that the restriction should not be lifted. (B) Request or Motion Filed. If a Request for Redaction or a Motion for Other Redaction is filed, the temporary restriction on the transcript shall not be lifted until the later of the completion of the redactions by the transcriber or a ruling on the Motion by the Court or as otherwise ordered by the Court. (f) Parties' Responsibilities as to Personal Data Identifiers. (1) Limiting Solicitation of Personal Data Identifiers in Proceedings. Attorneys are to be cognizant of the importance of protecting personal identifier data during proceedings that may later be transcribed; they are to make all reasonable efforts to avoid introducing personal identifier information into the record (e.g., avoid eliciting information from, or formulating questions to, witnesses that include personal identifier data). (2) Other Responsibilities. It is the responsibility of the parties to a hearing to (A) monitor the docket of the case to be aware when the transcript is filed; and (B) pay the cost of any redactions. VT. LBR 5009-1. FINAL REPORT/DECREE Reserved VT. LBR 5010-1. REOPENING CASES (a) Generally. A party moving to reopen a case must comply with Bankruptcy Rule 7004. Except where a party moves to reopen a case to file a Form 23, the Court shall treat a motion to reopen as a contested matter when determining the adequacy of notice of the motion. See, e.g., In re Foster, No.: 03-11449, Order (Bankr. D. Vt. Mar. 4, 2004) (providing instruction on the proper service of a motion to reopen), available at http://www.vtb.uscourts.gov. (b) Motion to Reopen a Case to File Form 23. See Vt. LBR 4004-2(a)(3).
65
VT. LBR 5070-1. COURT CALENDARS & SCHEDULING HEARINGS
VT. LBR 5011-1. WITHDRAWAL OF REFERENCE Reserved VT. LBR 5011-2. ABSTENTION Reserved VT. LBR 5070-1. COURT CALENDARS & SCHEDULING HEARINGS The Courtroom Deputy shall schedule pre-trial conferences, dismissal motions in adversary proceedings, summary judgment motions, evidentiary hearings, trials, disclosure statement hearings, and Chapter 11 confirmation hearings. Attorneys shall schedule all other hearings through the CM/ECF System. When setting a hearing, the movant shall select the location (Rutland or Burlington) where the § 341 meeting of creditors is (or was) scheduled, unless otherwise agreed between the interested parties or due to exigent circumstances as determined by the Court. VT. LBR 5071-1. CONTINUANCES No continuance (or postponement or rescheduling) will be granted except upon a motion showing good cause or stipulation, and upon such terms and conditions as the Court may impose. Agreement of counsel alone does not constitute good cause. A request for a continuance based on a conflicting engagement must be accompanied by proof that the other matter was scheduled first and must be filed timely with the Clerk. A motion to continue a trial must contain a certification that the party on whose behalf the request has been filed and opposing counsel have both been notified of the request for a continuance. See also Vt. LBR 9013-2(g). VT. LBR 5072-1. COURTROOM DECORUM The following procedures are to be adhered to in all proceedings in open court: (a) there shall be no oral confrontation or dialog directly between opposing attorneys or among parties; (b) all persons addressing the Court shall stand (unless the hearing is conducted via interactive TV and the Court determines implementation of this Rule would interfere with effective transmission); (c) all objections to questions posed by opposing counsel shall be stated with specificity prior to any argument or explanation of same (e.g., leading, hearsay, improper foundation, etc.); (d) during the testimony of a witness, attorneys shall not approach the witness box, bench, or the court reporter without the Court's prior approval, and shall treat all witnesses with dignity and respect; (e) counsel shall request assistance from the Courtroom Deputy if they wish to use blackboards, computer screen, or other audio-visual aids and shall make their request sufficiently in advance of the hearing to allow for set-up of the requested equipment during hours when the Court is not in session;
66
VT. LBR 5073-1. BY THE COURT
PHOTOGRAPHY, RECORDING DEVICES; CELLULAR TELEPHONES, LAPTOP COMPUTERS; RECORDING & BROADCASTING
(f) counsel wishing to appear by telephone shall obtain Court approval in advance and make arrangements for the telephonic connection with the Courtroom Deputy at least one (1) full business day in advance of the time set for the hearing, see also Vt. LBR 9074-1; (g) counsel and their clients, if present, shall all be seated in the courtroom while waiting for their case to be called, shall be prepared to proceed when their case is called, and shall refrain from talking while court is in session; (h) counsel shall dress professionally and advise their clients to dress appropriately for court hearings; and (i) counsel shall address each other and all witnesses by formal name (i.e., by surname rather than by first name) during all court proceedings. VT. LBR 5073-1. PHOTOGRAPHY, RECORDING DEVICES; CELLULAR TELEPHONES, LAPTOP COMPUTERS; RECORDING & BROADCASTING BY THE COURT (a) Prohibition Against Certain Devices. The use of still photography cameras, radios, cellular telephones, paging devices, tape recorders, personal digital assistants, wireless handheld devices and other similar devices, is expressly prohibited in any court facility, except with the Court's permission. Failure to follow this Rule shall be grounds for refusal of admission to court facilities and may subject the offender to: (1) detention, arrest, and prosecution as provided by law; or (2) sanctions imposed by the Court. (b) Limited Permission for Attorneys. Attorneys may bring cellular telephones, paging devices, personal digital assistants and/or wireless handheld devices if turned off, and laptop computers, if necessary for effective participation in a hearing, into the courtroom. However, if such equipment disrupts court proceedings, the Court may impose such sanctions as it deems appropriate. Further, if these permitted pieces of equipment have the capability of functioning as prohibited devices (e.g., a cellular telephone that can take photographs), then the attorney must disclose this capability to a court security officer and refrain from using it in the court facility unless the Court grants the attorney specific permission to do so. (c) Recording and Broadcasting by the Court; Videoconferencing. In its discretion, the Court may permit electronic or photographic preservation of evidence and perpetuation of the record. The Court may also permit broadcasting, televising, and/or photographing of investiture or ceremonial proceedings; however, the broadcasting and/or televising of Court proceedings is prohibited. See, e.g., In re Delisle, No. 07-10850, 2008 WL 117985 (Bankr. D. Vt. Jan. 9, 2008), available at www.vtb.uscourts.gov. The Court may conduct video conferences at court facilities or at remote locations. VT. LBR 5075-1. CLERK - DELEGATED FUNCTIONS Reserved VT. LBR 5078-1. COPIES HOW TO ORDER Reserved VT. LBR 5080-1. FEES GENERALLY Reserved
67
VT. LBR 5081-1. FEES FORM OF PAYMENT
VT. LBR 5081-1. FEES FORM OF PAYMENT (a) Payments from Debtors. A debtor must pay the filing fee due in connection with the filing of a petition, with cash, certified check, bank draft or money order. For services other than the filing of a petition, the Clerk may accept personal checks, credit cards or debit cards as payment from debtors, but the Clerk has both the discretion and authority to reject any of these forms of payment from debtors. (b) Acceptable Forms of Payment. Except as provided by paragraph (a) above, any of the following are acceptable forms of payment: cash; check; money order; credit or debit cards issued by VISA, MasterCard, American Express, Discover, or Diners Club. (c) Payment by Credit Card. Fees may be paid by physically presenting a credit card or by providing a separate document including the cardholder's name as it is printed on the credit card, the card number, the expiration date, and an authorization for the Clerk to charge the credit card. Credit card information provided in accordance with this Rule shall remain confidential. Authorization is required for each transaction except that the Clerk may maintain credit card information and waive individual transaction requests for frequent users. Upon the written request from the frequent user in a form acceptable to the Clerk, the written authorization for each transaction may refer to the data on file rather than requiring re-transmittal of the credit card information for each filing. Frequent users must ensure their credit card information is current. (Note: Payment of fees by credit card is not available for paying filing fees in installments. See Vt. LBR 1006-1(b).) (d) Effect of Non-Payment. Except where the Court orders otherwise, the Clerk shall not be required to render service for which a fee is prescribed by statute unless the fee is paid in advance. (e) Payment of Filing Fee in Installments; Waiver of Filing Fee; Waiver of Other Fees. An application for permission to pay the filing fee through installment payments may be filed pursuant to Bankruptcy Rule [Interim] 1006(b). See also Vt. LBR 1006-1(b). An application for a waiver of the filing fee may be filed pursuant to Bankruptcy Rule 1006(c) [Interim]. See also Vt. LBR 1006-1(c). Where the Court grants such a waiver application to an individual Chapter 7 debtor and where other bankruptcy court fees subsequently become due, the Court shall consider waiving the other fees only upon an affirmative showing of the continued inability of the debtor to pay those fees. See 28 U.S.C. § 1930(f). VT. LBR 5090-1. JUDGES VISITING & RECALLED Reserved VT. LBR 5091-1. JUDGE'S SIGNATURE Any order signed and filed electronically has the same force and effect as if the Judge had affixed the Judge's signature to a paper copy of the order and the Clerk had entered it on the docket in a non-electronic manner. See also Vt. LBR 9036-1(c). VT. LBR 5092-1. SEAL OF COURT Reserved
68
VT. LBR 6004-1. SALE OF ESTATE PROPERTY
VT. LBR 5095-1. INVESTMENT OF ESTATE FUNDS Reserved
PART VI VT. LBR 6004-1. SALE OF ESTATE PROPERTY (a) Sale or Refinance of Property in Chapter 13 Cases. (1) Approval Procedures. No sale or refinance of the debtor's principal residence or other real property may take place while a Chapter 13 case is pending unless (A) the Court approves the sale or refinance after notice to all parties in interest, see Bankruptcy Rule 2002(a)(2); (B) the sale or refinance was approved as part of the confirmation process; or (C) the debtor obtains the Chapter 13 trustee's approval using the procedure described in subparagraph (2) below. (2) Trustee's Approval. If the debtor wishes to use the proceeds of a sale or refinance of property to fund a Chapter 13 plan, the debtor may request a "Certificate of Approval" from the Chapter 13 trustee on seven (7) days' notice to all parties in interest, as long as one of the following conditions are met: (A) all of the proceeds of the sale or refinance will be dedicated to fund the Chapter 13 plan; or (B) the confirmed plan provides a dividend of no less than 15% to all unsecured creditors holding allowed claims; or (C) to the extent the confirmed plan does not provide at least a 15% dividend to all unsecured creditors holding allowed claims, the proceeds of the sale or refinance are used to create such a dividend, and any proceeds the debtor retains must be claimed as exempt as permitted by applicable law. The debtor's request for a Certificate of Approval must indicate which of the two conditions will be met if the sale or refinance is approved, list any loans secured by the property, and itemize how the debtor proposes to distribute the proceeds. If no objections are timely filed, then after the expiration of the notice period, the Chapter 13 trustee may issue a Certificate of Approval authorizing the debtor to use the proceeds of the sale or refinance of the property to fund the Chapter 13 plan in accordance with the debtor's request. If a timely objection is filed, then the matter shall be set for a hearing. (3) Sale Plans. If the Chapter 13 plan sets forth the terms of sale, the plan is confirmed, and the debtor obtains and disburses proceeds as projected in the plan, then no separate order approving the sale is required; the confirmation order shall constitute the order approving the sale. (4) Closing Costs or Broker's Commissions. Where a Chapter 13 plan calls for the sale of real or personal property and a broker's commission is payable as part of the sale, the broker may
69
VT. LBR 6004-1. SALE OF ESTATE PROPERTY
collect a commission of up to six (6) % (or up to ten (10) % for vacant land or commercial property) of the sale price without a Court order, absent unusual circumstances. The Court must be made aware of any unusual circumstances prior to the sale. Customary closing costs do not need prior court approval for disbursement, provided they have been set forth in the plan. (5) Payment of Secured Claims. If there is a mortgage or other claim secured by the property being sold and it is to be paid from the sale proceeds, the secured creditor shall be paid directly except that any pre-petition arrearage due shall be paid through the Chapter 13 trustee, unless the Court orders a different treatment of the secured claim. (Note: Local Rule 4001-5(b) sets forth the trustee approval process a debtor must follow to borrow funds for the purchase of a motor vehicle during a Chapter 13 case; Local Rule 4001-5(c) sets forth the trustee approval process a debtor must follow to borrow and/or spend funds for extraordinary expenditures that are necessary and reasonable for the health and general welfare of the debtor (and/or the debtor's dependents).) (b) Sales Free and Clear of Liens. A party seeking to sell property free and clear of liens must file a motion and obtain a Court order approving the sale. (1) Contents of Motion. The motion must include: (A) a detailed description of all property to be sold; (B) an itemized valuation of all property to be sold together with the basis for each valuation; (C) a listing setting forth the holders and amounts of all secured claims against each property to be sold such that the Court can determine whether the proposed sale price for each property is sufficient to pay the loans against each such property; (D) the terms of the bidding, including acceptable methods of bidding (e.g., bidding via telephone during the auction); (E) the date, time, and location of the hearing to approve the sale procedure, if applicable; (F) the date, time, and location of the proposed sale; (G) the date, time, and location of the hearing to approve the results of the sale, if applicable; (H) a listing of all methods used to advertise the sale; (I) a description of the due diligence undertaken to identify and provide notice to (i) all parties with an interest in the property being sold, and (ii) all potential bidders; and (J) an affirmation that the proposed sale complies with § 363(f), with a specific explanation of how compliance has (or will be) achieved; (2) Notice. The notice of sale shall set forth the information outlined in subparagraph (1) above and may do so in summary form. The notice of sale shall also make clear that the sale is subject to Court approval and that even if the trustee deems a bid to be the highest and best
70
VT. LBR 6004-1. SALE OF ESTATE PROPERTY
bid, the Court may still deny approval of such bid if it finds such bid is not in the best interest of the estate or finds it is not in compliance with the Bankruptcy Code and/or Bankruptcy Rules. The notice of sale and notice of motion shall be served on all secured creditors, the Office of the U.S. Trustee, all parties who have (or are identified on public record as claiming to have) an interest in the property being sold, all other parties listed on the master mailing list, and all parties that the movant, through due diligence, determines to be potential bidders. (3) Hearings. If a movant seeks Court approval of a proposed sale procedure, a hearing to approve the proposed sale procedure must be set at least seven (7) days before the proposed sale, unless the Court approves a shorter time. The movant must also set a hearing to approve the sale within seven (7) days of the sale, unless the Court approves a longer time. (4) Potential Consequence of Noncompliance. Failure to comply with the requirements of this Rule may result in the sale being denied or postponed. Further, any costs incurred by other parties due to the movant's noncompliance may be assessed against the movant or movant's counsel. (c) Other Sales Outside the Ordinary Course of Business. If the debtor-in-possession or trustee is not seeking to sell property free and clear of liens, then no motion to sell is necessary; a notice of intent to sell is sufficient. A notice of intent to sell outside the ordinary course of business shall include: (1) the type of sale and known prospective purchasers; (2) the terms of sale, including but not limited to: the location and condition of the items to be sold; the minimum requirements for bidding; whether the sale is subject to higher and better offers; the funds required at approval of the sale; the form of funds required at approval of the sale and at closing of the sale; and a proposed date for both the actual sale and closing of the sale; (3) identification of the property (e.g., the VIN, make, model, serial number of a vehicle; volume/page number and town where ownership of real property is recorded; street address of real property), as applicable; (4) the names and purported interests of all parties known, or discovered after reasonable investigation, to claim an interest in the property; (5) the fair market value of the property, the basis for valuation, and the amount of any outstanding indebtedness secured by the property; and (6) any other information that provides due process to all parties in interest and is likely to maximize the sale price. (d) Notice of Intent to Sell and Order. The Court will enter an order approving sale of estate property by the case trustee submitted in conjunction with a notice of intent to sell, as referenced in paragraph (c), provided the proposed order contains all the information set forth in the notice, indicates that no objections were filed within the time required under the applicable Bankruptcy
71
VT. LBR 6005-1. APPRAISERS & AUCTIONEERS
Rules, and contains sufficient specificity to allow the Court to make a determination that the statutory requirements of § 363(b)(1) have been met. (e) Form of Orders Approving Sales. All orders approving sales shall state the name and address of the buyer, identify the property sold, specify the amount paid, and disclose the net proceeds to the estate. If the property sold is different from the property listed on the notice of sale, then the proposed order shall state any differences. (f) Chapter 11 - Additional Requirements. If the debtor-in-possession or trustee seeks authority to sell all or substantially all of the assets of the estate under § 363(b) prior to the entry of a confirmation order, the motion to sell shall contain the following: (1) a clear and conspicuous statement to that effect; (2) the terms of sale, including but not limited to: the location and condition of the items to be sold; the minimum requirements for bidding; whether the sale is subject to higher and better offers; the funds required at approval of the sale; the form of funds required at approval of the sale and at closing of the sale; and a proposed date for both the sale and closing of the sale; (3) the information required under Bankruptcy Rule 2002(c); (4) the extent to which the proceeds of sale shall be used to benefit each class of creditors; (5) the extent of the debtor's liabilities; (6) the net value of the debtor's remaining assets, if any, not subject to the proposed sale; and (7) the business justification for disposing of estate assets before a disclosure statement has been approved or a plan confirmed. VT. LBR 6005-1. APPRAISERS & AUCTIONEERS The following shall apply to auctioneers only. (a) Compensation. Unless otherwise ordered by the Court for good cause, compensation and reimbursement of expenses shall be allowed to an auctioneer for sale of property as set forth in this Rule. The maximum allowable commissions on the gross proceeds of each sale are as follows: (1) 10% of any gross proceeds of sale on the first $100,000 or less; (2) 5% of any amount in excess of $100,000, but not in excess of $200,000; and (3) 2.5% of any amount in excess of $200,000; (4) The auctioneer shall be reimbursed for reasonable and necessary expenses directly related to the sale including the bond (or blanket bond) premium and cost attributable to the sale (including labor, printing, advertising, and insurance, but excluding worker's compensation, Social Security, unemployment insurance, or other payroll taxes). If the trustee directs the
72
VT. LBR 6005-1. APPRAISERS & AUCTIONEERS
auctioneer to transport goods, then the auctioneer shall also be reimbursed for the costs associated with that transport. Unless the Court orders otherwise, an auctioneer shall be reimbursed for a blanket bond at a rate of $100 per case or 10% of the gross proceeds from an auction, whichever is less, minus any amounts previously reimbursed for the bond. (b) Purchase Prohibited. Neither an auctioneer nor any officer, director, stockholder, other insider, relative, agent, nor employee of an auctioneer shall purchase, directly or indirectly, or have a financial interest in the purchase of, any property of the estate. (c) Bond. An auctioneer employed with Court approval shall not act until a surety bond in favor of the United States of America is provided in each estate at the auctioneer's expense, to be approved by and be in such sum as may be fixed by the Court, conditioned upon: (1) the faithful and prompt accounting of all monies and property which may come into the possession of the auctioneer; (2) compliance with all rules, orders, and decrees of the Court; and (3) the faithful performance of duties in all respects. In lieu of a bond in each case, an auctioneer may file a blanket bond covering all cases in which the auctioneer may act. A blanket bond shall be: (A) the expense of the auctioneer; (B) in favor of the United States of America; and (C) in an amount sufficient to cover the aggregate appraised value of all property to be sold. (d) Report of Sale. The auctioneer shall file a report with the Clerk and serve a copy of the report on the Office of the U.S. Trustee and the case trustee, if any, within 90 days after the conclusion of the sale. The report of sale shall set forth: (1) the time, date, and place of sale; (2) the gross amount realized from the sale; (3) an itemized statement of commissions sought under this Rule and disbursements made, including the name of the payee and the original receipts or canceled checks, or copies thereof, substantiating the disbursements. If the canceled checks are not available at the time the report is filed, then the report shall so state, and the canceled checks shall be filed as soon as they become available. Where labor charges are included, the report shall specify the names of the persons employed, the hourly wage for each employee, and the number of hours worked by each employee; (4) where the auctioneer has a blanket bond covering all sales conducted, an explanation of how the bond expenses charged to the estate were allocated; (5) the sign-in sheet that lists the people who attended the sale; (6) the names of all purchasers and the items purchased by each of them; (7) the disposition of any items for which there was no bid;
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VT. LBR 6007-1. ABANDONMENT
(8) the terms and conditions of sale read to the audience immediately prior to the commencement of the sale; (9) a statement of the manner and extent of advertising for the sale and the availability of the items for inspection prior to the sale; (10) the amount of sales tax collected; and (11) such other information as the Court or the Office of the U.S. Trustee may reasonably request. (e) Disposition of Proceeds of Sale. Unless otherwise ordered by the Court, the proceeds of sale less the auctioneer's reimbursable expenses shall be turned over to the trustee or deposited in a separate interest-bearing account no later than 21 days after the date of sale. No compensation or commission may be paid to the auctioneer until approved by the Court as provided in paragraph (f) below. The Court also retains jurisdiction to review the auctioneer's reimbursable expenses for validity and reasonableness. In the event the Court determines that a portion of the expenses deducted from the proceeds of the sale is inappropriate or unreasonable, the auctioneer shall be required to return such funds to the trustee immediately. (f) Application for Commissions and Expenses. An auctioneer shall apply to the Court for approval of commissions and expenses on not less than 21 days' notice. That application will not be granted unless the report referred to in paragraph (d) of this Rule has been filed. VT. LBR 6006-1. EXECUTORY CONTRACTS Reserved VT. LBR 6007-1. ABANDONMENT Notice of Proposed Abandonment or Disposition of Property; Order Granting Abandonment. The Court will enter an Order of Abandonment submitted by the trustee in conjunction with a Notice of Intent to Abandon as referenced in Bankruptcy Rule 6007 provided the notice: (a) clearly identifies the subject property; (b) provides satisfactory proof of the value of the property and of any liens or encumbrances against the property; and (c) generally contains all the information that would be required in a motion to abandon so that the Court can make a determination as to whether the property is burdensome or of inconsequential value and benefit to the estate. The proposed Order of Abandonment must identify the property in the same terms as set forth in the Notice of Intent to Abandon, indicate that service has been properly effected, and affirm that no objections were filed within the time required under the applicable Bankruptcy Rules. VT. LBR 6008-1. REDEMPTION (a) Joint Motions. The signature of the debtor on a redemption agreement shall be deemed authorization for the creditor to file a joint motion for approval of the redemption agreement. A motion to approve a redemption agreement must include: (1) a copy of the redemption agreement; (2) a copy of the instruments creating and perfecting the security interest; and
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VT. LBR 7004-2. SUMMONS
(3) a complete description of the property, including: the present location and condition of the property; the date of purchase; the original purchase price; the amount paid to date; the outstanding balance still due; and any other information necessary for the Court to make a determination of the appropriateness of the redemption request. (b) Debtor's Motion. A motion for approval of a redemption agreement may be filed using the default procedure under Vt. LBR 9013-4. The Court shall have discretion to set the matter for hearing and require attendance by the creditor, the creditor's counsel, the debtor's counsel, and/or the debtor.
PART VII VT. LBR 7001-1. ADVERSARY PROCEEDINGS GENERALLY Reserved VT. LBR 7003-1. COVER SHEET Reserved VT. LBR 7004-1. SERVICE OF PROCESS Reserved VT. LBR 7004-2. SUMMONS (a) Obtaining a Summons. An attorney may download and print a summons to be served in connection with any adversary proceeding pending in this Court. The summons shall contain the electronic signature of the Clerk and shall have the same force and effect as if it had been executed in a non-electronic manner. See also Vt. LBR 7016-1(d)(requiring service of "Order on Pre-Trial Deadlines" with service of summons and complaint). (b) Serving a Summons. Unless the Bankruptcy Rules provide otherwise, a summons must be served in the conventional manner. See Bankruptcy Rule 7004. VT. LBR 7005-1. CERTIFICATE OF SERVICE See Vt. LBR 9013-6(c). VT. LBR 7005-2. FILING OF DISCOVERY MATERIALS Reserved VT. LBR 7007-1. MOTION PRACTICE IN ADVERSARY PROCEEDINGS Amendments to Pleadings or Motions. A party moving to amend a pleading or motion must attach a redlined version of the proposed amendment to the filing, clearly designating all additions and deletions. Any amendment, whether filed as a matter of course or upon a motion to amend, must reproduce the entire pleading or motion as amended and may not incorporate any prior filing by reference, except with leave of the Court.
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VT. LBR 7008-1. CORE/NON-CORE DESIGNATION (COMPLAINT)
VT. LBR 7008-1. CORE/NON-CORE DESIGNATION (COMPLAINT) (a) Non-Core Proceedings. In this District, the Bankruptcy Court may hear all non-core proceedings related to a case filed under the Bankruptcy Code. (b) Lack of Consent to Bankruptcy Court's Entering Final Orders. When the parties do not consent to the Bankruptcy Court's entry of final orders in a non-core proceeding, the Bankruptcy Court may also, in addition to proposed findings of fact and conclusions of law, file recommendations concerning whether a review of the proceeding should be expedited and whether other proceedings in the bankruptcy case should be stayed pending the determination by the District Court of the non-core proceeding. The Bankruptcy Clerk shall serve copies of the Bankruptcy Court's proposed findings of fact and conclusions of law and recommendations, if any, on the parties. VT. LBR 7012-1. CORE/NON-CORE DESIGNATION (RESPONSIVE PLEADING) Reserved VT. LBR 7016-1. PRE-TRIAL PROCEDURES (a) Scheduling Conference. The Clerk will provide the plaintiff with an "Order on Pre-Trial Deadlines" upon the filing of the complaint. The plaintiff is responsible for serving the order, along with the summons and complaint, on each defendant. The Courtroom Deputy shall set and notify all counsel and pro se parties of the Bankruptcy Rule 7026(f) conference shortly after the expiration of the time period for filing timely responses. (b) Notice; Appearance. All counsel and pro se parties are required to appear at the case scheduling conference unless: (1) the parties file a joint proposed scheduling order within the time frame set in the Order on Pre-Trial Deadlines; (2) the Court enters a scheduling order prior to the conference date; and (3) the Court cancels the scheduling conference. All counsel and pro se parties are required to attend pre-trial conferences. If an attorney or a pro se party fails to appear at a pre-trial conference, or otherwise fails to abide by the requirements of this Rule or the scheduling order, the Court may take such action as it deems appropriate, including the imposition of sanctions or dismissal of the proceeding. (c) Telephone Participation in Pre-Trial and Status Conferences. Counsel and pro se parties may participate in pre-trial and status conferences by telephone if approved by the Court and scheduled with the Courtroom Deputy at least one (1) business day in advance. See also Vt. LBR 9074-1. (d) Pre-Trial Statements. A pre-trial statement should be filed jointly by the parties at least seven (7) days before a trial is scheduled to begin. If the parties are not able to reach an agreement as to a joint pre-trial statement, then each party must file and serve his/her/its own pre-trial statement with an affirmation that the party has made diligent, good faith efforts to produce a joint pre-trial statement, but was unable to do so. All pre-trial statements shall comport with the Court's "Format for Pre-Trial Statements." See Vt. LB Appendix VI. VT. LBR 7023-1. CLASS ACTION Reserved
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VT. LBR 7024-2. UNCONSTITUTIONALITY, CLAIM OF
VT. LBR 7024-1. INTERVENTION Reserved VT. LBR 7024-2. UNCONSTITUTIONALITY, CLAIM OF If, at any time prior to the trial of an adversary proceeding that does not include the United States, an individual state, an agency, officer, or employee of either the state or federal government, a party draws into question the constitutionality of an Act of Congress or a state statute affecting the public interest, that party shall notify the Court in writing of the existence of the question and specifically identify the statute and the respects in which it is claimed to be unconstitutional so that the Court may comply with the requirements of 28 U.S.C. § 2403(a) and (b). VT. LBR 7026-1. DISCOVERY (a) Initial Disclosure. Pursuant to Bankruptcy Rule 7026, the provisions of Federal Rules of Civil Procedure Rule 26(a)(1) apply to all adversary proceedings pending in this District, unless the Court orders otherwise. (b) Limits on Interrogatories. No party shall serve any other party, at any one time or cumulatively, more than 25 written interrogatories, including all discrete sub-parts. Exceptions to this Rule may be granted by the Court only upon written motion showing good cause. Interrogatories should not be filed with the Clerk. (c) Limits on Depositions. No party shall take more than ten (10) depositions, whether upon oral examination under Bankruptcy Rule 7030 or upon written questions under Bankruptcy Rule 7031. Exceptions to this Rule may be granted by the Court only upon written motion showing good cause. Transcripts of depositions should not be filed with the Clerk. (d) Requirement of a Writing. All objections to interrogatories, depositions, requests, applications under Bankruptcy Rule 7037, and all motions and responses concerning discovery matters shall be in writing and recite with specificity the offending interrogatory, deposition, request or application. If time does not permit the filing of a written motion, the Court may, in its discretion, waive this requirement. (e) Objections to Discovery Process. A Bankruptcy Rule 7037 objection to any interrogatory, deposition, request or application shall be filed within 28 days after service of the offending interrogatory, deposition, request or application unless otherwise ordered by the Court. The filing of an objection shall not extend the time within which the objecting party must otherwise answer or respond to any discovery matter not specifically included in the objection. (f) Mandatory Consultation Among Counsel. In addition to the mandatory Bankruptcy Rule 7026(f) conference, counsel are encouraged to participate in non-court, pre-trial discovery conferences to decrease in every way possible the filing of unnecessary discovery motions. A motion concerning a discovery dispute shall not be filed until counsel have explored all possibilities of resolving the discovery matter(s) in controversy. The Court will not consider any motion concerning a discovery matter unless the motion is accompanied by a statement of counsel that a good faith effort has been made by counsel to resolve the discovery matter(s) at issue.
77
VT. LBR 7041-1. DISMISSAL OF ADVERSARY PROCEEDINGS
(g) Motion to Compel. After a discovery request is objected to or not complied with in a timely manner, and if not otherwise resolved under paragraph (f), it is the responsibility of the party initiating discovery to place the matter before the Court in a timely manner. To compel an answer, production, designation or inspection, a motion must be filed under Bankruptcy Rule 7037. However, a party properly noticed of a deposition must appear and submit to the deposition unless a motion to quash has been granted. (h) Other Discovery Motions. Motions for protective orders pursuant to Bankruptcy Rule 7026(c) and motions to compel physical or mental examination, pursuant to Bankruptcy Rule 7035, shall comply with paragraph (f) above and Vt. LBR 9013-1 and Vt. LBR 9013-2. (i) Responses to Discovery. All responses to discovery motions shall be filed within 14 days after service of such motions unless otherwise ordered by the Court. (j) Compliance with Discovery Orders. After the Court has ruled on a discovery motion, any response or answer, production, designation, inspection or examination required by the Court shall be done within 14 days after the entry of the order of the Court, oral or otherwise, unless otherwise ordered by the Court. (k) Failure to Comply with Order. Should a party fail to comply with an order of the Court concerning a discovery motion, it is the responsibility of the objecting party to place the matter before the Court by a proper Bankruptcy Rule 7037 motion for supplementary relief. (l) Unnecessary Discovery Motions or Objections. A party who presents the Court with unnecessary discovery motions or requests, or unwarranted opposition to proper discovery proceedings, may be subject to sanctions, including the imposition of costs and attorney fees. VT. LBR 7027-1. DEPOSITIONS & EXAMINATIONS IN ADVERSARY PROCEEDINGS Reserved VT. LBR 7040-1. ASSIGNMENT OF ADVERSARY PROCEEDINGS Reserved VT. LBR 7041-1. DISMISSAL OF ADVERSARY PROCEEDINGS Condition for Voluntary Dismissal of a § 727 Complaint. A motion for voluntary dismissal of a complaint objecting to discharge must be accompanied by affidavits executed by the plaintiff(s) and the debtor(s) stating that no consideration has been promised or given to effect the dismissal, or, if some consideration has been promised or given, the nature, terms, and amount thereof. All motions for voluntary dismissal shall be adjudicated at a court hearing, on notice to all creditors, unless the Court orders otherwise. Vt. LBR 7052-1. FINDINGS & CONCLUSIONS Objections to Proposed Findings of Fact and Conclusions of Law. Within [10] days of the service of the proposed findings of fact and conclusions of law, any party to the adversary proceeding may file an objection with the Clerk. Failure to file an objection within that timeframe shall be deemed consent to the entry of an order by the Bankruptcy Court directing that the proposed findings of fact and conclusions of law be made final. In the event of an objection, the Clerk shall
78
VT. LBR 7055-1. DEFAULT
transmit all relevant parts of the record, including the Bankruptcy Court's proposed findings of fact and conclusions of law, and the objection(s), to the District Court. The District Court shall then enter the final order. VT. LBR 7054-1. COSTS TAXATION/PAYMENT Reserved VT. LBR 7055-1. DEFAULT (Note: Securing a default judgment is a two-step process; all parties seeking such judgment must follow (1) the procedure outlined in paragraph (a), below, and then (2) either the procedure outlined in paragraph (b) or in paragraph (c), below.) (a) Entry of Default. A party seeking entry of default judgment, whether by the Clerk or by the Court, must first apply to the Clerk for an entry of default. To obtain entry of default, the applicant must file: (1) an application for the Clerk's entry of default; (2) an affidavit in support of the application for entry of default that includes: (A) the date the summons was issued; (B) a statement of whether the Court fixed a deadline for the filing of an answer or motion, and if not, what the deadline is, and what rule fixes the deadline; (C) the date the complaint was served; (D) the date the certificate of service was filed; (E) a statement that no answer or motion has been received within the time limit fixed by the Court or by Bankruptcy Rule 7012(a); (F) a statement that the party against whom judgment is sought is neither an infant, an incompetent person, nor in the military service; (G) a statement that the judgment amount sought is justly due and owing and that no part thereof has been paid except as stated; and (H) if applicable, a statement that any disbursement sought to be taxed has been made in the action or will necessarily be made or incurred; and (3) a proposed Clerk's Entry of Default. Upon verification of the facts contained in the affidavit referred to in subparagraph (2) above, the Clerk will execute and file the Entry of Default. (b) Entry of Judgment by the Clerk. The Clerk may enter a default judgment when (i) a party is entitled to judgment other than pursuant to §§ 523 or 727; (ii) the judgment sought by the party is for a sum certain (or for a sum which, by computation, can be made certain); and (iii) the
79
VT. LBR 7056-1. SUMMARY JUDGMENT GENERALLY
opposing party has failed to appear. A party seeking entry of default judgment by the Clerk must file the following: (1) an application for default judgment; (2) an affidavit of the amount due and of any costs and/or disbursements due; (3) a copy of the Entry of Default by the Clerk, obtained pursuant to paragraph (a) above; and (4) a proposed default judgment order. If the party in default has appeared in the proceeding, application for entry of default judgment shall be made to the Court, rather than to the Clerk. See paragraph (c), below. (Note: In the Clerk's discretion or when entry of default judgment by the Clerk is not permissible, the Clerk may present any application for default judgment to the Court for its consideration.) (c) Entry of Judgment by the Court. A party seeking entry of default judgment by the Court, pursuant to Bankruptcy Rule 7055, as it incorporates Federal Rule 55(b)(2), must file the following: (1) a motion for entry of default judgment; (2) an affidavit containing a statement of the damages being requested and the basis for them; (3) a copy of the Entry of Default by the Clerk, obtained pursuant to paragraph (a) above; and (4) a proposed default judgment order. If the party against whom entry of judgment by default is sought has appeared in the action or the Court determines that evidence is necessary in order to fix the amount due, compute damages or establish the truth of any averment, the Court shall set a hearing. (Note: If the underlying action is one (i) objecting to a discharge, (ii) to determine the dischargeability of a debt, or (iii) that raises an allegation of fraud, the Court shall set a hearing, unless it finds sufficient evidence in the record to enter judgment by default without a hearing.) VT. LBR 7056-1. SUMMARY JUDGMENT GENERALLY (a) Summary Judgment Motions. (1) Statement of Undisputed Facts. In addition to the requirements of Vt. LBR 7056-2, a party moving for summary judgment shall file a separate, short, and concise statement of undisputed material facts with the motion for summary judgment. The movant's failure to submit this statement shall constitute grounds for denial of the motion. (2) Opposition; Statement of Disputed Facts. A party opposing a motion for summary judgment must file written opposition no more than 21 days after the motion is served. A separate, short, and concise statement of disputed material facts and a memorandum of law, in forms that are responsive to the movant's statement and memorandum, must accompany the opposition.
80
VT. LBR 7056-2. SUMMARY JUDGMENT MOTION REQUIREMENTS
(3) Facts Admitted. All material facts in the movant's statement of undisputed facts are deemed to be admitted except to the extent controverted by a statement of disputed material facts filed by the opposing party. (4) Time for Filing. Summary judgment motions must be filed by the date specified in the scheduling order. (b) Tolling. Although Bankruptcy Rule 7056(b) allows a defending party to move for summary judgment at any time, this does not toll the time within which to answer pursuant to Bankruptcy Rule 7012(a); a party must also file a timely answer or file a motion under Bankruptcy Rule 7012(b). (c) Consideration and Ruling by the Court. Parties wishing the Court to refer to or review portions of the record must make specific reference to those portions of the record. To expedite a decision or for other good cause, and on notice to all parties, the Court may rule on a motion for summary judgment before the expiration of the 21-day period ordinarily permitted for the filing of opposition papers. (d) Special Notice Required to Pro Se Litigants. Pursuant to Second Circuit case law, when a pro se litigant is served with a motion for summary judgment, he or she is entitled to a special notice that alerts him or her to the consequences of failing to respond to the motion for summary judgment. Therefore, in addition to serving a pro se litigant with a motion for summary judgment (together with all required papers), the movant must also simultaneously serve the pro se litigant with a special notice designed to inform that litigant of the potential consequences of not responding to the movant's motion, together with a reprint of Rule 56 of the Federal Rules of Civil Procedure (attached to the required special notice). See Vt. LB Form T, "Notice to Pro Se Litigant Served With a Motion for Summary Judgment." VT. LBR 7056-2. SUMMARY JUDGMENT MOTION REQUIREMENTS (a) Memorandum of Law; Response in Opposition; Reply; Request for Oral Argument. Each summary judgment motion shall be accompanied by a written memorandum of law and indicate whether oral argument is requested. Failure to submit a memorandum of law may be deemed sufficient cause to deny the motion. Unless otherwise ordered by the Court, each response in opposition to a motion for summary judgment shall be filed within 21 days of the filing of the motion and shall include a memorandum of law. The movant may file a reply memorandum within seven (7) days of the filing of the opposition. The reply shall assume familiarity with the movant's initial memorandum and the opposition, and shall be confined to addressing points within the scope of the opposition (including any evidentiary matter introduced by the opposing party) that were not addressed in the movant's initial memorandum. Memoranda of law shall comply with the requirements and restrictions set forth in Vt. LBR 9013-5(a). (b) Oral Argument. The Court shall determine whether oral argument shall be presented in connection with each motion for summary judgment. VT. LBR 7065-1. INJUNCTIONS Reserved
81
VT. LBR 8006-1. DESIGNATION OF RECORD ON APPEAL
VT. LBR 7067-1. REGISTRY FUND Reserved VT. LBR 7069-1. JUDGMENT PAYMENT OF Reserved
PART VIII VT. LBR 8001-1. NOTICE OF APPEALS Reserved VT. LBR 8001-2. DISMISSAL OF APPEAL (VOLUNTARY) Reserved VT. LBR 8001-3. ELECTION FOR DISTRICT COURT DETERMINATION OF APPEAL Reserved VT. LBR 8002-1. TIME FOR FILING APPEAL Reserved VT. LBR 8003-1. MOTION FOR LEAVE TO APPEAL Reserved VT. LBR 8004-1. SERVICE OF NOTICE OF APPEAL Reserved VT. LBR 8005-1. STAY PENDING APPEAL Reserved VT. LBR 8006-1. DESIGNATION OF RECORD ON APPEAL Each party preparing a "Designation of Record on Appeal" must include a marked docket sheet indicating those documents contained in the record. The marked docket sheet will serve as an index for the Record on Appeal. VT. LBR 8007-1. COMPLETION OF RECORD ON APPEAL Prior to the transmission of the Record on Appeal, the Bankruptcy Court may review the record and verify the accuracy of the transcript of any order appealed. VT. LBR 8007-2. TRANSMISSION OF RECORD ON APPEAL Reserved VT. LBR 8007-3. DOCKETING OF APPEAL Reserved VT. LBR 8007-4. RECORD FOR PRELIMINARY HEARING APPEAL Reserved
82
VT. LBR 8008-1. FILING PAPERS ON APPEAL
VT. LBR 8008-1. FILING PAPERS ON APPEAL After the Clerk for the United States District Court for the District of Vermont has given notice to all parties of the date on which the appeal was docketed, all subsequently filed documents related to the appeal shall bear the civil case number assigned by the District Court, in addition to the bankruptcy case number(s) (and adversary number(s), if pertinent), and shall be filed only with the District Court Clerk. VT. LBR 8008-2. SERVICE OF ALL PAPERS REQUIRED APPEAL Reserved VT. LBR 8008-3. MANNER OF SERVING PAPERS APPEAL Reserved VT. LBR 8008-4. PROOF OF SERVICE OF FILED PAPERS APPEAL Reserved VT. LBR 8009-1. TIME FOR FILING BRIEFS APPEAL Reserved VT. LBR 8009-2. TIME FOR FILING APPENDIX TO BRIEF APPEAL Reserved VT. LBR 8010-1. FORMS OF BRIEFS APPEAL Reserved VT. LBR 8010-2. REPRODUCTION OF STATUTES, ETC. APPEAL Reserved
83
VT. LBR 8008-1. FILING PAPERS ON APPEAL
VT. LBR 8010-3. LENGTH OF BRIEFS APPEAL Reserved VT. LBR 8011-1. MOTION, RESPONSE, REPLY APPEAL Reserved VT. LBR 8011-2. DETERMINATION OF PROCEDURAL MOTION APPEAL Reserved VT. LBR 8011-3. DETERMINATION OF MOTION APPEAL Reserved VT. LBR 8011-4. EMERGENCY MOTION APPEAL Reserved VT. LBR 8011-5. POWER OF SINGLE JUDGE TO ENTERTAIN MOTIONS Reserved VT. LBR 8012-1. ORAL ARGUMENT APPEAL Reserved VT. LBR 8013-1. DISPOSITION OF APPEAL Reserved VT. LBR 8014-1. COSTS APPEAL Reserved VT. LBR 8015-1. MOTION FOR REHEARING APPEAL Reserved VT. LBR 8016-1. ENTRY OF JUDGMENT BY CLERK OF DISTRICT COURT Reserved VT. LBR 8016-2. NOTICE OF ORDER OR JUDGMENT APPEAL Reserved VT. LBR 8016-3. RETURN OF RECORD ON APPEAL Reserved VT. LBR 8017-1. STAY PENDING APPEAL TO COURT OF APPEALS Reserved VT. LBR 8018-1. LOCAL RULES OF CIRCUIT JUDICIAL COUNCIL OR DISTRICT COURT Reserved VT. LBR 8019-1. SUSPENSION OF PART VIII OF THE BANKRUPTCY RULES Reserved VT. LBR 8020-1. DAMAGES & COSTS FOR FRIVOLOUS APPEAL Reserved
84
VT. LBR 9001-1. DEFINITIONS
VT. LBR 8070-1. DISMISSAL OF APPEAL BY COURT FOR NON-PROSECUTION Reserved
PART IX VT. LBR 9001-1. DEFINITIONS The terms "documents," "papers" and "pleadings" as used in these Rules include those filed electronically and non-electronically. VT. LBR 9003-1. EX PARTE CONTACT No attorney, accountant, party in interest, or any of their employees shall engage in any ex parte meetings or communications with the Bankruptcy Judge or with Chambers' staff or with the Clerk or the Clerk's Office staff concerning any disputed issue of fact or law in a particular case, contested matter or adversary proceeding. This Rule does not limit or prohibit the filing of ex parte emergency motions or ex parte applications contemplated by the Bankruptcy Code, the Bankruptcy Rules or these Local Rules, or meetings regarding administrative matters. VT. LBR 9004-1. PAPERS REQUIREMENTS OF FORM Reserved Vt. LBR 9004-2. CAPTION PAPERS, GENERALLY See generally Vt. LBR 1005-1. VT. LBR 9006-1. TIME PERIODS (a) Meaning of "Days". Unless otherwise specified in these Local Rules, the term "days" means calendar days. (b) Reference to the Bankruptcy Code or the Bankruptcy Rules. Time periods in these Local Rules that are set to correspond with the time periods established in the Bankruptcy Code or the Bankruptcy Rules are offset with brackets (e.g., "[15] days"). Each such designated time period in these Local Rules shall automatically change when the time period in the applicable Bankruptcy Code section or in the respective Bankruptcy Rule changes. VT. LBR 9009-1. FORMS Reserved VT. LBR 9010-1. ATTORNEYS NOTICE OF APPEARANCE Reserved
Note: Proposed changes affecting time periods in the Bankruptcy Rules are tentatively scheduled to take effect on December 1, 2009. 85
VT. LBR 9010-2. POWERS OF ATTORNEY
VT. LBR 9010-2. POWERS OF ATTORNEY Any party proceeding by authority of a power of attorney is limited to those powers specifically articulated in the authorizing power of attorney. See 14 V.S.A. § 3501 et seq.; see also In re Curtis, 262 B.R. 619 (Bankr. D. Vt. 2001). VT. LBR 9011-1. ATTORNEYS DUTIES, RETENTION OF DOCUMENTS, & ELECTRONIC SIGNATURES (a) Acceptance of Employment. An attorney who accepts employment by a debtor in connection with the filing of a case under the Bankruptcy Code has the duty to render complete and competent services. See, e.g., Vt. LBR 2016-1(f). (b) Attorney's Duty to Retain Certain Originals of Electronically Filed Documents. The debtor's attorney must retain paper originals of all documents that are filed electronically and require original signatures (other than that of the party registered to use the CM/ECF System) for five (5) years. The Clerk will retain verifications of petitions, statements and schedules, and Chapter 11 operating reports for five (5) years. On request or order of this or any other Court, the party registered to use CM/ECF and retaining the documents must provide original documents for review. (c) Electronic Signatures and Identification. The user log-in and password required to submit documents to the CM/ECF System serve as the signature of the party registered to use the CM/ECF System on all electronic documents filed with the Clerk of this Court. They also serve as a signature for purposes of Bankruptcy Rule 9011, as well as all other Bankruptcy Rules, these Local Rules, and any other purpose for which a signature is required in connection with proceedings before the Court. Electronically filed documents must set forth the attorney's name, current office address, e-mail address, telephone number, fax number, and the name of the party the attorney is representing. In addition, the name of the party registered to use the CM/ECF System under whose log-in and password the document is submitted must be preceded by an "/s/" and then typed in the space where the signature would otherwise appear (e.g., "/s/ John Doe"). (d) Unauthorized Use of Password (Electronic Signature) Prohibited. No party registered to use the CM/ECF System or other person may knowingly permit or cause to permit a password to be used by anyone other than an authorized agent of the party registered to use the CM/ECF System. VT. LBR 9011-2. PRO SE PARTIES DUTIES, RETENTION OF DOCUMENTS, USE OF CM/ECF (a) Designation of Contact Information by Pro Se Parties. Unless the Court orders otherwise, parties not represented by an attorney, i.e., "pro se" parties, shall sign all documents, see Vt. LBR 9011-4(c), and set forth their mailing address, residence address, e-mail address (if any), telephone number, and fax number (if any), on all documents filed with the Clerk. See also Vt. LBR 4002-4. (b) Pro Se Filer's Duty to Retain Certain Originals of Documents Filed by Fax or E-Mail. A pro se party filing documents by fax or by e-mail must retain for five (5) years the originals of
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VT. LBR 9011-4. SIGNATURES
all documents that require original signatures. On request or order of this or any other Court, the pro se filer must provide original, signed documents for review. (c) Pro Se Use of the CM/ECF System. See Vt. LBR 5005-3(a)(2). Vt. LBR 9011-3. SANCTIONS Before granting a motion to impose sanctions, the Court must first find proper notice has been provided to the party against whom sanctions are sought and then find there is sufficient evidence warranting imposition of sanctions against that party. Ordinarily, this will require conducting an evidentiary hearing. See, e.g., Vt. LBR 9014-1(e). However, where it determines proper notice has been provided and sufficient evidence has been presented, in its sole discretion, the Court may impose sanctions without a hearing. VT. LBR 9011-4. SIGNATURES (a) Signing of Documents Generally. All documents, motions, pleadings and other papers that are submitted for filing shall be signed by an attorney of record in the attorney's own name or, if there is no attorney, by the party, except that the petition, schedules and statements shall always be signed by the debtor(s). (b) Electronic Signatures of Attorneys. When filing a document electronically, an attorney will use "/s/ [attorney's name]" (e.g., "/s/ John Doe"); this shall constitute the signature of the attorney for purposes of Bankruptcy Rule 9011. The attorney or party who files the document must retain the original signed copy of the filing for at least five (5) years. Any password required for electronic filing shall be used only by the attorney to whom the password is assigned and by authorized members and employees of the attorney's firm. The attorney shall be responsible for all consequences that flow from documents filed under his or her electronic signature, as if he or she signed them, regardless of who actually filed them. (c) Signatures of Non-Attorneys Generally. All documents submitted for filing by a non-attorney shall be signed in ink (the "original signature") by the non-attorney. An electronic image of the non-attorney's original signature is acceptable and shall be deemed the "original" signature for purposes of Bankruptcy Rule 9011, all other Bankruptcy Rules, these Local Rules, and for any other purpose for which a signature is required in connection with proceedings before the Court. Further, below his/her original signature, the signing party shall print or type his/her name, mailing address, e-mail address, if any, telephone number, and fax number, if any. See also Vt. LBR 9011-2(a). (d) E-Mail Signatures. (1) Requirements for Attorneys. Attorneys submitting documents via e-mail for filing shall comply with Vt. LBR 9011-4(b) regarding electronic signatures. See also Vt. LBR 10021(d). (2) Requirements for Non-Attorneys. Any non-attorney e-mailing a PDF document for filing with the Court must include an electronic image of his/her original signature on said document (e.g., a scanned image of the signature page containing the party's original signature); the electronic image of the signature shall be deemed the "original" signature for
87
VT. LBR 9013-1. MOTION PRACTICE GENERALLY
purposes of Bankruptcy Rule 9011, all other Bankruptcy Rules, these Local Rules, and any other purpose for which a signature is required in connection with proceedings before the Court. Documents received for filing via e-mail must also set forth the filer's name, mailing address, e-mail address, telephone number, and fax number, if any. All other non-attorney signatories to the document must also comply with this Rule. (e) Fax Signatures. The faxed signature of a party on a document received for filing with the Court shall be deemed an original signature for purposes of Bankruptcy Rule 9011, all other Bankruptcy Rules, these Local Rules, and any other purpose for which a signature is required in connection with proceedings before the Court. Documents fax-filed by an attorney must set forth the attorney's name, mailing address, e-mail address, telephone number, and fax number. In addition, any other signatory must be identified, at a minimum, with his/her name typed or printed out below his/her signature. See also Vt. LBR 1002-1(c). (f) Signatures of Multiple Persons on a Single Document. When a document requires the signatures of more than one party, the filer may: (1) file a scanned document containing original signatures of all necessary signatories; (2) identify in the document the parties whose signatures are required, followed by each party filing a document evidencing said consent within two (2) business days thereafter; (3) identify in the document the parties whose signatures are required, followed by each party creating a docket entry noting the party's consent ("e-consent") within two (2) business days thereafter; (4) identify in the document the parties whose signatures are required and through any combination of the procedures described in subparagraphs (1) through (3), above, have the consent of each such party evidenced on the record within two (2) business days thereafter; or (5) provide the required signatures in any other manner approved by the Court. (g) Signatures Designating Consent. Consent must be made in an affirmative fashion; it is not sufficient for one party to represent that another party consents to a matter. A party must have his/her consent on the record within two (2) days of the subject document being filed and may effectuate consent in any manner described in Vt. LBR 9011-4(f). VT. LBR 9013-1. MOTION PRACTICE GENERALLY (a) Form of Motion; Content of Motion. All motions for relief, including objections to claims, shall be in writing, except those made during a hearing or trial. Motions must state with particularity the relevant law by section and/or the relevant procedure by rule upon which the movant relies, shall specify all relief requested, and shall include a brief statement explaining why the relief should be granted. See also Vt. LBR 7007-1 (regarding amendments of pleadings). (b) Mandatory Consultation of Counsel Prior to Filing a Motion. Any party filing a motion that is not ex parte must certify in the motion that the party has contacted opposing counsel and has
88
VT. LBR 9013-1. MOTION PRACTICE GENERALLY
made a good faith attempt to obtain a settlement, a stipulation to the relief sought, or some other agreeable resolution prior to filing the motion. (c) Affidavits. An affidavit in support of a motion must be filed with the motion if the motion seeks a finding of certain facts or a resolution of factual issues. This requirement applies to motions for relief from stay. (d) Exhibits and Attachments Filed with Motions. A CM/ECF registered user must submit in electronic form the documents referenced as exhibits or attachments (including affidavits, see paragraph (b), above), unless the Court permits the documents to be filed in non-electronic form. To avoid creating a cumbersome docket, a party filing exhibits or attachments in support of a motion shall file only those excerpts of the referenced documents that are directly germane to the matter under consideration by the Court; excerpted material must be clearly and prominently identified as such. A party who files excerpts of documents as exhibits or attachments under this Rule does so without prejudice to his/her/its right to file timely additional excerpts or the complete document. Responding parties may file additional excerpts or the complete document that they believe are germane. This Rule applies to proofs of claims as well as other pleadings and documents. (e) Motion for Conversion of Chapter 7 Case to Chapter 13. A debtor seeking to convert his/her Chapter 7 case to a Chapter 13 case must do so by motion; the debtor must aver both that he/she is eligible for Chapter 13 relief and that the conversion is sought in good faith. See also Vt. LBR 1017-2(a). The motion must be noticed to all creditors and may be noticed under the Court's default procedure, see Vt. LBR 9013-4(b). (f) Stipulated Motions. Where a motion is stipulated, it shall: (1) be so denominated with the word "Stipulated" included in the title of the motion; and (2) include a statement of consent in the body of the motion. The parties to the stipulated motion must have agreed to the relief sought prior to the motion's filing and must affirmatively evidence their consent to the motion. Further, the stipulated motion shall either contain the signatures of all parties to the stipulation or the parties to the stipulation shall file their consent within two (2) business days of the motion being filed. See Vt. LBR 9011-4(f), (g). If all required consents are not filed by the expiration of this 2-day time period, the Clerk's Office will send a "no action" letter to the filing party and the stipulation will have no force and effect; the movant shall be required to re-file the motion in compliance with this Local Rule. (g) Ex Parte Motions. If a movant seeks ex parte relief (e.g., a motion for trustee process), the movant shall submit the moving papers via e-mail, see Vt. LBR 1002-1(d), and Vt. LBR 90114(d), and shall request that the documents be filed under seal, see Vt. LBR 5003-4. The movant shall also include a proposed order indicating that the seal of the document(s) is temporary and indicating the conditions and time frame under which the seal will be lifted. (Note: Submission of an ex parte motion via e-mail prevents the generation of a NEF.) Upon completion of the Court's in-camera review of the submitted document(s), the Clerk's Office shall notify the movant directly of the Court's determination with respect to the request for substantive relief and the request to temporarily seal the documents.
89
VT. LBR 9013-2. HEARINGS ON MOTIONS GENERALLY
(h) Motions Seeking Expedited Relief. Any motion seeking expedited relief must clearly state the reason the movant did not seek relief earlier; failure to include such explanation is grounds for denial of the request for expedited relief. See also Vt. LBR 9075-1 (regarding emergency matters). (i) Proposed Orders. Each motion filed and served shall include a proposed order for the Court's consideration. See also Vt. LBR 9072-1(b). The proposed order shall be filed as an attachment to the underlying motion. See id. The Court may sign and enter the proposed order as filed, or may modify the proposed order, or draft a new order. (j) Proposed Order with Consent. A proposed order that resolves the motion must be filed with all requisite consents at least one (1) entire business day prior to the hearing. VT. LBR 9013-2. HEARINGS ON MOTIONS GENERALLY (a) Scheduling a Hearing on a Motion. It is the responsibility of the moving party to schedule a hearing on any routine, non-evidentiary motion and to serve notice of the hearing. A party may use either the conventional noticing procedure, see Vt. LBR 9013-3, or, if applicable and desired, the Court's default noticing procedure, see Vt. LBR 9013-4. (Note: All other hearings, evidentiary matters, pre-trial conferences, and scheduling conferences will be scheduled by the Clerk's Office. See Vt. LBR 5070-1.) (b) Routine, Non-Evidentiary Motions. The Court designates the following to be routine, nonevidentiary motions: (1) In a Main Case. Unless otherwise directed by the Court or as provided for in these Local Rules (e.g., a request for an emergency hearing), all motions in a main case that do not require the presentation of evidence shall be considered routine, non-evidentiary motions. (Note: Although motions for relief from stay are considered evidentiary, they are routine; therefore, a movant shall treat a motion for relief from stay as routine and schedule a hearing, except if the movant intends to present evidence. In such an instance, refer to Vt. LBR 4001-1(e) for directions on how to proceed.) (2) In an Adversary Proceeding. All motions in an adversary proceeding shall be considered non-routine except for: (A) motions to compel; (B) motions to continue or to expedite; (C) motions for sanctions; (D) motions to seal or to request in-camera review; (E) motions to withdraw as counsel for the debtor; and (F) those motions that can be scheduled using the Court's default noticing procedure, see Vt. LBR 9013-4(b). The Clerk's Office will set or direct the setting of hearings on all adversary proceeding motions other than those itemized in this subparagraph. See also Vt. LBR 9013-2(c)(4)(C) below. (c) Form of Hearing Notice. For all routine, non-evidentiary motions, the moving party shall prepare a hearing notice (colloquially referred to as a "Notice of Motion") specifying: (1) the relief sought; (2) the hearing date and time; (3) the site location; and (4) the response deadline. See Vt. LBR 9013-3 (providing guidelines for noticing a hearing under the conventional procedure); see also Vt. LBR 9013-4 (providing guidelines for noticing a hearing under the default procedure); see also Vt. LB FormsU-1 and U-2 (providing examples of proper hearing notices).
90
VT. LBR 9013-2. HEARINGS ON MOTIONS GENERALLY
(1) Hearing Dates/Times. The upcoming Court calendar dates and designated times for hearings are posted on the Court's website at http://www.vtb.uscourts.gov and may also be obtained by contacting the Courtroom Deputy at (802) 776-2010. (Note: The Court has specific days when it hears: (A) Chapters 7 and 11 matters; (B) Chapters 7, 11, and 13 matters; and (C) Chapters 12 and 13 matters, all of which are designated on the Court's calendar. Unless Court approval is obtained in advance, based on exigent circumstances, movants should schedule matters accordingly.) (2) Hearing Sites. Matters may be scheduled to be heard at the Rutland Bankruptcy Court site, the Burlington Bankruptcy Court site, or at a remote video conferencing site, see subparagraph (3), below. Hearing site determinations shall be based on where the § 341 meeting of creditors is (or was) scheduled (unless otherwise agreed between the interested parties or due to exigent circumstances as determined by the Court), as well as mutual timing concerns of the participants. (3) Availability of Video Conferencing. On certain hearing dates, the Court will make appearance by video conference available ("video conference days"). Remote access sites where a party may participate in a hearing shall be identified on the Court's website, see http://www.vtb.uscourts.gov/schedhrg.php. Appearance at a remote video conference site is limited to instances where: (A) a party seeks only to observe proceedings; (B) a party's appearance is necessary only to place on the record a consent or a scheduling agreement; or (C) the total length of attorney arguments is reasonably expected not to exceed 15 minutes. Unless specifically authorized by the Court, video conference sites shall not be used for: (D) Chapter 12 and Chapter 13 confirmation hearings; (E) Chapter 11 confirmation hearings, except by attorneys and/or parties who meet the criteria listed in (a), (B) or (C); (F) evidentiary matters and/or trials; (G) hearings requiring extensive legal argument, i.e., longer than 15 minutes; or (H) hearings where the Court has directed (via a hearing notice or otherwise) that the parties must appear in court. Hearing notices for matters scheduled on days for which video conference appearances are available must (i) include language informing the noticed parties of the opportunity to attend and participate in the hearings at a remote video conference site, and (ii) identify the locations of the remote video conference sites for the hearings. See Vt. LBR 90133(b)(3)(B); Vt. LBR 9013-4(c)(3)(B).
91
VT. LBR 9013-3. HEARINGS ROUTINE MOTIONS--NOTICE UNDER CONVENTIONAL PROCEDURE
(4) Response Deadline; Mandatory Language. (A) For hearings noticed under the Court's conventional procedure, refer to Vt. LBR 90133(b)(2) for instructions regarding response deadlines and refer to Vt. LBR 90133(b)(3)(A) and (B) for instructions regarding mandatory language; (B) For hearings noticed under the Court's default procedure, refer to Vt. LBR 9013-4(c)(2) for instructions regarding response deadlines and refer to Vt. LBR 9013-4(c)(3)(A) and (B) for instructions regarding mandatory language; (C) In non-routine matters, interested parties shall have 14 days' response time unless a different response time is permitted by the Bankruptcy Rules, these Local Rules, or set by the Court. (5) Minimum Notice. Unless a longer period is required by the Bankruptcy Code or the Bankruptcy Rules, see, e.g., Bankruptcy Rule 2002, notice must be given at least seven (7) days before the hearing date. But see Bankruptcy Rule 9006(f) (requiring additional time if served by mail). (d) Multiple Motions. If there are multiple motions in the same case, all hearings on those motions shall be scheduled for the same date and time as the primary motion. (e) Attendance at Hearings. A party who initiates or opposes a motion or application who later does not intend to actively pursue or oppose the same shall immediately notify all counsel of record, pro se parties, and the Clerk, so that the Court, counsel, and any pro se parties are not required to devote unnecessary attention to the matter or to appear in court. Unless excused by the Court, the failure of any party to attend a duly noticed hearing shall be deemed either a waiver of the pleading, motion, objection or other response, or consent to the sustaining or granting of relief sought by the attending party and may also be grounds for the imposition of sanctions. (f) Stipulations. Where: (1) all parties entitled to notice of a hearing have been served with a motion or request for relief; (2) all parties in interest stipulate to the motion or request for relief; and (3) the Bankruptcy Code or Bankruptcy Rules do not mandate that an actual hearing be held prior to the Court's ruling on the motion or request for relief, the movant is relieved from filing a notice of hearing. (g) Rescheduling Hearings. Where a party files an unstipulated motion to postpone (or continue or reschedule) a scheduled hearing, the Court shall schedule a hearing on the motion to postpone for a date and time before or at the same time as the hearing on the underlying motion. The hearing on the motion to postpone and the underlying motion shall proceed unless an order granting the motion to postpone is entered before the time set for the hearing on the underlying motion. VT. LBR 9013-3. HEARINGS ROUTINE MOTIONS--NOTICE UNDER CONVENTIONAL PROCEDURE (a) Meaning of "Conventional Procedure." When a party seeks relief under the Bankruptcy Code and/or the Bankruptcy Rules and schedules a hearing on a motion pursuant to Vt. LBR 901392
VT. LBR 9013-3. HEARINGS ROUTINE MOTIONS--NOTICE UNDER CONVENTIONAL PROCEDURE
2(a), and where either the Court's default procedure (under Vt. LBR 9013-4) is not available or the party chooses not to use the default procedure, the Court shall hold a hearing on the party's motion. This mechanism for obtaining relief is referred to as the "conventional procedure." (b) Form of Hearing Notice. In addition to the requirements set forth in Vt. LBR 9013-2(c), the following items shall be incorporated into each "Notice of Motion" utilizing the conventional procedure: (1) Title of Notice. The title of the hearing notice shall be "NOTICE OF MOTION;" (2) Response Deadline. The deadline for filing responses to a motion scheduled for a hearing utilizing the conventional procedure shall be no later than three (3) business days before the hearing date, and this 3-day period may be included within the requisite notice period; (3) Mandatory Language. The following language, in bold and conspicuous print, must be included in the notice: (A) If the hearing date is a date on which video conferencing IS NOT available: A HEARING ON THE MOTION and any responses will be held at [time] on [date] at the following location: [indicate Rutland or Burlington location]. IF YOU OPPOSE THE MOTION, you are encouraged to file a written opposition with the Clerk of the Court, on or before 4:00 P.M. on [a date that is no less than three (3) business days before the hearing date]. If you file a written opposition, a copy must also be served on the Moving Party, the Debtor, the Debtor's counsel, the Office of the U.S Trustee, the case trustee, if any, and in a Chapter 11 case, the Creditors' Committee and its counsel, or if no committee is appointed, then upon the 20 largest unsecured creditors. Addresses for those parties are set forth below. (Note: All notices of hearings under Vt. LBR 9013-3 must be in substantial compliance with Vt. LB Form U-1.) (B) If the hearing date is a date on which video conferencing IS available: A HEARING ON THE MOTION and any responses will be held at [time] on [date] at the following location: [indicate Rutland or Burlington location] and the following Vermont Interactive Television sites: [Location] [Location] [Location] [Location] [Location] VERMONT INTERACTIVE TELEVISION SITE ADDRESSES [street address of Location] [phone number of Location] [street address of Location] [phone number of Location] [street address of Location] [phone number of Location] [street address of Location] [phone number of Location] [street address of Location] [phone number of Location]
For directions to remote video conference sites, please refer to http://www.vitlink.org/HTML/Locations.htm. Please refer to the Court's website at
93
VT. LBR 9013-4. HEARINGS ROUTINE MOTIONS--NOTICE UNDER DEFAULT PROCEDURE
http://www.vtb.uscourts.gov/schedhrg.php to determine whether your participation via video in this matter meets the Court's video conferencing eligibility criteria. If you have questions or if you do not have access to the Internet, please contact the Courtroom Deputy at (802) 776-2010. IF YOU OPPOSE THE MOTION, you are encouraged to file a written opposition with the Clerk of the Court, on or before 4:00 P.M. on [a date that is no less than three (3) business days before the hearing date]. If you file a written opposition, a copy must also be served on the Moving Party, the Debtor, the Debtor's counsel, the Office of the U.S Trustee, the case trustee, if any, and in a Chapter 11 case, the Creditors' Committee and its counsel, or if no committee is appointed, then upon the 20 largest unsecured creditors. Addresses for those parties are set forth below. (Note: All notices of hearings under Vt. LBR 9013-3 must be in substantial compliance with Vt. LB Form U-1.) VT. LBR 9013-4. HEARINGS ROUTINE MOTIONS--NOTICE UNDER DEFAULT PROCEDURE (a) Meaning of "Default Procedure." Certain requests for relief under the Bankruptcy Code and/or the Bankruptcy Rules may be determined without a hearing, provided that an opportunity for a hearing is presented to parties entitled to notice of a hearing. Under the default procedure, if a party files a timely opposition, the Court shall hold a hearing on the date designated on the notice, unless the Court decides, in its sole discretion, that no hearing is necessary and enters an order prior to the hearing date. If no opposition is timely filed, the Court may enter an order without a hearing; however, if an order has not been entered before the hearing date, the scheduled hearing shall proceed. Further, in its discretion, the Court may hold the noticed hearing even in the absence of an objection. The default procedure is optional. (b) Relief Available Through Use of the Default Procedure. The default procedure may be used for applications or motions seeking the following relief only: (1) Abandonment of Property (11 U.S.C. § 554(b)); (2) Allowance of Administrative Expenses Other Than Professional Fees (11 U.S.C. § 503(b)); (3) Amendment of Proposed Chapter 13 Plan (by non-debtor party) (11 U.S.C. § 1323); (4) Approval of a Settlement in an Adversary Proceeding or Contested Matter (Bankruptcy Rule 9019); (5) Assumption or Rejection of Executory Contract (11 U.S.C. § 365); (6) Avoidance of a Judicial Lien or Non-Purchase Money Security Interest (11 U.S.C. § 522(f)); (7) Change of Venue (28 U.S.C. § 1412); (8) Claims Objections (11 U.S.C. § 502(b)); (9) Compensation, Application for (11 U.S.C. §§ 330, 331);
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VT. LBR 9013-4. HEARINGS ROUTINE MOTIONS--NOTICE UNDER DEFAULT PROCEDURE
(10) Conversion of a Case (11 U.S.C. §§ 706, 1112(b), 1208, 1307); (11) Discharge in a Chapter 12 Case (11 U.S.C. § 1228(f)); (12) Discharge in a Chapter 13 Case (11 U.S.C. § 1328(h)); (13) Dismissal of a Case for Cause (11 U.S.C. §§ 707, 1112(b), 1208, 1307); (14) Dismissal of Case for Failure to Pay Filing Fee (Bankruptcy Rule 1006(a)); (15) Examination of Any Entity (Bankruptcy Rule 2004); (16) Extending Time to Assume or Reject a Nonresidential Lease (11 U.S.C. § 365(d)(4)); (17) Extending Time to File Chapter 11 Plan and Disclosure Statement (11 U.S.C. § 1121(d)); (18) Extending Time to File Complaint (Bankruptcy Rules 4004(b), 4007(c)); (19) Extending Time to File Chapter 12 Plan (11 U.S.C. § 1221); (20) Extending Time to File § 707 Objection to Discharge (11 U.S.C. § 707); (21) Extending Time to Pay Filing Fee (Bankruptcy Rule 1006(b)); (22) Final Decree in Chapter 11 Case (Bankruptcy Rule 3022); (23) Hardship Discharge (11 U.S.C. §§ 1228(b) and 1328(b)); (24) Lease of Property (11 U.S.C. § 363(b)(1)); (25) Modify Plan, Post-Confirmation (11 U.S.C. §§ 1229, 1329); (26) Objection to Claimed Exemption (Bankruptcy Rule 4003(b)); (27) Obtaining Credit (11 U.S.C. § 364(b), (c) or (d)); (28) Permanent Waiver of Budget and Credit Counseling Prior to Filing Petition (11 U.S.C. § 109(h)(4)); (29) Pro Hac Vice Admission, Application for; (30) Redeeming Property (11 U.S.C. § 722); (31) Relief from Stay (11 U.S.C. § 362(d)); (32) Relief from Stay of Action Against Co-Debtor (11 U.S.C. § 1301); (33) Reopening of a Case (Bankruptcy Rule 5010); (34) Sale of Property (11 U.S.C. § 363(b)(1)); (35) Substitution of Counsel;
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VT. LBR 9013-4. HEARINGS ROUTINE MOTIONS--NOTICE UNDER DEFAULT PROCEDURE
(36) Turnover of Property to the Trustee (11 U.S.C. § 542); (37) Vacatur of Discharge to Allow Court to Approve Reaffirmation Agreement; (38) Valuation of Collateral (11 U.S.C. § 506(a); Bankruptcy Rule 3012); (39) Verification that Automatic Stay Not in Effect (11 U.S.C. § 362(c)(4)); or (40) Waiver of Requirement of Providing Trustee with Tax Returns (11 U.S.C. § 521(e)(2)(A)(i)). (Note: If a party inadvertently notices a hearing under the default procedure seeking relief that cannot be sought under this procedure, the Court will hold the hearing regardless of whether any opposition has been filed.) (c) Form of Hearing Notice. In addition to the requirements set forth in Vt. LBR 9013-2(c), the following items shall be incorporated into each "Notice of Motion" filed under the default procedure: (1) Title of Notice. The title of the notice shall be "NOTICE OF MOTION UNDER DEFAULT PROCEDURE;" (2) Response Deadline. The deadline for filing responses to a motion scheduled for a hearing utilizing the default procedure shall be no later than seven (7) days before the hearing date; this seven-day period is in addition to the requisite notice period; (3) Mandatory Language. The following language, in bold and conspicuous print, must be included in the notice: (A) If the hearing date is a date on which video conferencing IS NOT available: IF YOU OPPOSE THE MOTION, you must file a written opposition with the Clerk of the Court, on or before 4:00 P.M. on [a date that is no less than seven (7) days prior to the hearing date]. A copy must also be served on the Moving Party, the Debtor, the Debtor's counsel, the Office of the U.S. Trustee, the case trustee, if any, and in a Chapter 11 case, the Creditors' Committee and its counsel, or if no committee is appointed, then upon the 20 largest unsecured creditors. Addresses for those parties are set forth below. IF AN OPPOSITION IS TIMELY FILED, the Court will hold a hearing on the Motion and any opposition at [time] on [date] at the following location: [indicate Rutland or Burlington location], unless the Court deems no hearing is necessary and enters an order prior to the time set for hearing. IF NO OPPOSITION IS TIMELY FILED, the Court may deem the matter unopposed and grant the motion without further hearing. Note: If an order has not been entered before the hearing date, the hearing shall proceed. (Note: All notices of hearings under Vt. LBR 9013-4 must be in substantial compliance with Vt. LB Form U-2.)
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VT. LBR 9013-5. BRIEFS & MEMORANDA OF LAW
(B) If the hearing date is a date on which video conferencing IS available: IF YOU OPPOSE THE MOTION, you must file a written opposition with the Clerk of the Court, on or before 4:00 P.M. on [a date that is no less than seven (7) days prior to the hearing date]. A copy must also be served on the Moving Party, the Debtor, the Debtor's counsel, the Office of the U.S. Trustee, the case trustee, if any, and in a Chapter 11 case, the Creditors' Committee and its counsel, or if no committee is appointed, then upon the 20 largest unsecured creditors. Addresses for those parties are set forth below. IF AN OPPOSITION IS TIMELY FILED, the Court will hold a hearing on the Motion and any opposition at [time] on [date] at the following location: [indicate Rutland or Burlington location] and selected Vermont Interactive Television sites (see below) , unless the Court deems no hearing is necessary and enters an order prior to the time set for hearing. [Location] [Location] [Location] [Location] [Location] VERMONT INTERACTIVE TELEVISION SITE ADDRESSES [street address of Location] [phone number of Location] [street address of Location] [phone number of Location] [street address of Location] [phone number of Location] [street address of Location] [phone number of Location] [street address of Location] [phone number of Location]
For a complete listing of remote video conference sites and directions, please refer to http://www.vitlink.org/HTML/Locations.htm. Please refer to the Court's website at http://www.vtb.uscourts.gov/schedhrg.php to determine whether your participation via video in this matter meets the Court's video conferencing eligibility criteria. If you have questions or if you do not have access to the Internet, please contact the Courtroom Deputy at (802) 776-2010. IF NO OPPOSITION IS TIMELY FILED, the Court may deem the matter unopposed and grant the motion without further hearing. Note: If an order has not been entered before the hearing date, the hearing shall proceed. (Note: All notices of hearings under Vt. LBR 9013-4 must be in substantial compliance with Vt. LB Form U-2.) VT. LBR 9013-5. BRIEFS & MEMORANDA OF LAW (a) Memoranda of Law. Each motion shall be supported by a memorandum of law, except as provided in paragraph (b) below. A memorandum shall: (1) be succinct; (2) not exceed 15 pages in length without prior leave of the Court; (3) include a concise statement of each basis for the pleading with relevant citations, and (4) be either a part of or an attachment to the motion. A memorandum supporting opposition to a motion shall be filed within 14 days after service of the motion, unless a different response time is permitted by the Bankruptcy Rules, these Local Rules or by Court order, and shall not exceed 15 pages in length, without prior leave of the Court. If time permits, a reply memorandum may be filed within seven (7) days after service of the memorandum opposing the motion and shall not exceed five (5) pages in length, without prior
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VT. LBR 9013-6. SERVICE & CERTIFICATE OF SERVICE
leave of the Court. If a memorandum contains a citation not generally available on WESTLAW, the citing party shall provide a copy of the cited material to opposing parties and to the Court. See also Vt. LBR 7056-2 (providing the special requirements applicable when a memorandum of law is filed in support of a motion for summary judgment). (b) Motions Not Requiring Memoranda of Law. Unless otherwise directed by the Court, memoranda of law are not required for the following motions: (1) to obtain an extension of time, provided that the request is made before the expiration of the period originally prescribed by applicable rule, statute, order, or as extended by previous order; (2) to continue a pre-trial conference, hearing, motion, or trial; (3) to demand a more definite statement; (4) to waive the debtor's appearance at the § 341 meeting of creditors; (5) to amend a petition, schedules and/or statements; or (6) to effect a substitution of parties. VT. LBR 9013-6. SERVICE & CERTIFICATE OF SERVICE (a) Service Generally. The movant must file the appropriate Notice of Motion and all motion documents with the Clerk prior to or simultaneous with the service of the motion. All parties entitled to notice under the Bankruptcy Rules must be served. At a minimum, a party shall serve copies of the documents filed upon all opposing counsel, the Office of the U.S. Trustee, and the case trustee, if any. A certificate of service shall be filed promptly thereafter. See also paragraph (c) (delineating contents of certificate of service). (b) Service of Documents Filed Electronically: (1) Notice of Electronic Filing ("NEF"). Whenever a pleading or other document is entered on the docket, the CM/ECF System will automatically generate a NEF at the time of docketing. (2) Service on Registered Users. If the recipient of an electronically filed document is also a registered user of the CM/ECF System, the System's automatic transmission of the NEF shall be considered equivalent to service of the pleading or other document by U.S. mail (first-class, postage prepaid). Within each case, the Clerk maintains a list of all parties and attorneys who will accept service by e-mail through the CM/ECF System and their e-mail addresses. This information is available through PACER or CM/ECF. (3) Service on Non-Registered Parties. (A) Attorneys. Attorney who are not registered CM/ECF users cannot be served through the CM/ECF system. However, they may be served via e-mail at the e-mail address provided in their notice of appearance, see Vt. LBR 2090-1(a); they may also be served by other means permitted by these Rules. See, e.g., subparagraph (B), below.
98
VT. LBR 9014-1. CONTESTED MATTERS
(B) Non-Attorneys. The movant must serve all other parties (i.e., those non-attorneys not registered for CM/ECF) with a paper copy of the electronically filed pleading or other document in accordance with the Bankruptcy Rules and these Local Rules, unless a nonregistered, non-attorney party consents to accept service and notification by e-mail. Where such consent is given, transmission of an e-mail, with the pleadings or other documents attached, to the consenting non-registered, non-attorney party shall be considered equivalent to service of a paper copy by U.S. mail (first-class, postage prepaid). (c) Certificate of Service: Requirement to File; Contents; Consequences of Non-Compliance. Any party serving a document filed with the Clerk of this Court shall also file a certificate of service. Each certificate of service shall specify: (1) the caption and date shown on the document served; (2) the name of each party or entity served; (3) the address at which each party or entity was served; and (4) the means of service (e.g., via CM/ECF, e-mail, fax, or U.S. mail). However, if service is made through the CM/ECF System, it is not necessary to restate the names and e-mail addresses of parties served via transmission of the NEF if the certificate of service includes language in substantial compliance with the following: I hereby certify that this document filed through the ECF system will be sent electronically to the registered participants as identified on the Notice of Electronic Filing generated in connection with this document and [paper] copies will be sent to those indicated as non-registered participants on [filer to provide date] at the following addresses [filer to provide addresses]. (Note: When a certificate of service is appended to the document served rather than attached as a separate document, the filing party is to include a reference to the certificate of service in the docket text.) Failure to file a proper and complete certificate of service may result in denial of the relief sought. VT. LBR 9014-1. CONTESTED MATTERS (a) (d) Reserved
(e) Attendance of Witnesses. (1) Court Designated Evidentiary Hearing. An "evidentiary hearing" is a hearing at which witnesses are called to testify. The Court may schedule an evidentiary hearing in any matter. In such an instance, at least 14 days prior to the hearing, or any shorter period as the Court may set or approve, each party to the evidentiary hearing shall file with the Clerk, and serve
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VT. LBR 9014-1. CONTESTED MATTERS
upon the other interested parties, a list of witnesses each party intends to call to testify. See subparagraph (2) below for required content of list; see also Vt. LB Form V. (Note: Unless so designated on the Court's calendar, hearings are not evidentiary hearings. See also Vt. LBR 9013-2(b). The exception is final hearings on motions for relief from stay, which are evidentiary hearings per Vt. LBR 4001-1(e). Also, while a confirmation hearing in which an objection is filed is treated as a contested matter under the Bankruptcy Rules, the Court shall continue its practice of treating the initial hearing on confirmation as a hearing of legal argument or as a status conferences. Any evidentiary hearing necessitated by an objection will be set for a later date. In such an instance, the Court shall direct whether a Rule 9014(e) Notice of Evidentiary Hearing is required.). (2) How to Request an Evidentiary Hearing. When a party seeks to schedule an evidentiary hearing, that party (hereinafter, the "requesting party") shall contact the Courtroom Deputy to schedule the hearing. Thereafter, the requesting party shall file with the Clerk, and serve upon all parties in interest, a Rule 9014(e) Notice of Evidentiary Hearing. The Rule 9014(e) Notice shall be filed at least seven (7) days before the hearing, or such shorter time as the Court directs, and shall include: (A) the time and date of the scheduled hearing (set by the Courtroom Deputy); (B) the matter or motion that is the subject of the hearing; (C) the amount of time that has been allocated for the hearing; (D) whether the requesting party has coordinated the request for an evidentiary hearing with opposing counsel and/or parties in interest; (E) the witness(es) the requesting party will call to testify; (F) the response deadline to the Notice (three (3) business days before the hearing); (G) any other information the requesting party believes is relevant to the request for the evidentiary hearing; and (H) whether the evidentiary hearing is being held in lieu of a previously scheduled hearing. See Vt. LB Form V, "Rule 9014(e) Notice of Evidentiary Hearing". (3) Additional Time and/or Witness(es). If a party in interest seeks additional time beyond that which has been provided for the evidentiary hearing and/or intends to call additional witnesses to testify at the evidentiary hearing, that party must contact the Courtroom Deputy at least seven (7) days prior to the hearing to determine if and/or when additional time is available for the hearing. Additionally, such party must file and serve a supplemental Rule 9014(e) Notice of Evidentiary Hearing at least three (3) business days prior to the evidentiary hearing. (4) Stipulation. Parties may, and are encouraged to, file a stipulated Rule 9014(e) Notice of Evidentiary Hearing. (Note: Parties are still required to coordinate scheduling of an
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VT. LBR 9015-1. JURY TRIAL
evidentiary hearing with the Courtroom Deputy, regardless whether the hearing is requested by one party or is on stipulation of multiple parties.). (5) Court's Discretion. The scheduling, noticing, approval, and scope of a Rule 9014(e) evidentiary hearing is within the sole discretion of the Court. VT. LBR 9015-1. JURY TRIAL (a) Applicability of Certain Federal Rules of Civil Procedure. Federal Rules 38, 39, 47-51, and 81(c), insofar as they apply to jury trials, apply in all cases and proceedings in this Court, except that a demand made under Federal Rule 38(b) shall be filed in accordance with Bankruptcy Rule 5005. (b) Consent to Have Jury Trial Conducted by Bankruptcy Court. If the right to a jury trial applies and a timely demand has been filed under Federal Rule 38(b), the parties may consent to have the jury trial conducted by the Bankruptcy Court pursuant to 28 U.S.C. § 157(e). The parties to the action must jointly or separately file a statement of consent no later than two (2) business days before the first pre-trial conference in an adversary proceeding and in all other matters and proceedings upon reasonable demand. Failure to affirmatively file consent to a jury trial shall be deemed to be a lack of consent. (c) Voir Dire. Unless otherwise ordered, interrogation of prospective jurors on voir dire examination shall be conducted by the Court. The Court, in its discretion, may permit the parties to submit questions in writing in advance of jury selection or orally at a side bar during voir dire. (d) Time for Filing a Demand for Jury Trial after Removal. If at the time of removal all necessary pleadings have been served, a party entitled to a jury trial must interpose a jury demand in this Court within 21 days after the "Notice of Removal" is filed. A party who has expressly made demand for trial by jury prior to removal, in accordance with federal or state law, need not make a demand after removal. The failure of a party to make a jury demand as directed under this subparagraph constitutes a waiver of trial by jury. Vt. LBR 9016-1. SUBPOENAS & RULE 9014(E) NOTICES OF EVIDENTIARY HEARINGS While there is an obligation to amend a Rule 9014(e) Notice of Evidentiary Hearing if the list of intended witnesses changes, the disclosure of intended witnesses is not a guarantee upon which opposing counsel should rely when determining whether to issue subpoenas. VT. LBR 9016-2. WITNESSES Reserved VT. LBR 9019-1. ALTERNATIVE DISPUTE RESOLUTION (a) Generally. The Court encourages the use of Alternative Dispute Resolution ("ADR") where the parties believe the issues may be resolved through a non-adversarial process. The Court may direct the use of ADR in cases it deems to be well-suited to non-judicial resolution. The Courtroom Deputy coordinates the use of ADR in bankruptcy matters.
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VT. LBR 9021-1. MEMORANDA, JUDGMENTS & ORDERS
(b) The District Court's Early Neutral Evaluation Process and Goals. The provisions of the District Court Local Rules regarding Early Neutral Evaluation ("ENE") shall apply in Bankruptcy Court, subject to modifications necessary to ensure a specialized panel and requirements appropriate to bankruptcy issues. Upon consent of all parties, or upon order of the Court, an adversary proceeding or contested matter will be submitted to ENE, and the deadline for completing the ENE process shall be set forth in the Scheduling Order. The Courtroom Deputy will coordinate ENE in bankruptcy matters. VT. LBR 9020-1. CONTEMPT Reserved VT. LBR 9021-1. MEMORANDA, JUDGMENTS & ORDERS Copies of all memoranda of decision, judgments, and orders entered after evidentiary hearings, and all orders which set forth a detailed explanation of a ruling, are posted on the Court's website at http://www.vtb.uscourts.gov. These documents are available to the public and may be searched by cite, date or keyword. Parties may cite to the Court's memoranda of decision and orders found on the Court's website even if designated as "Not for Publication" and need not provide copies of such decisions and orders to opposing parties or to the Court. VT. LBR 9021-2. ORDERS EFFECTIVE DATE Reserved VT. LBR 9022-1. JUDGMENTS & ORDERS NOTICE OF All orders, decrees and judgments of the Court will be filed electronically and in accordance with these Local Rules; electronic filing of the orders, decrees and judgments constitutes entry on the docket kept by the Clerk pursuant to Bankruptcy Rules 5003 and 9021. See also Vt. LBR 9036-1(c). VT. LBR 9023-1/VT. LBR 9024-1. MOTIONS TO RECONSIDER Any motion captioned as a "Motion to Reconsider" or the like shall be treated as a motion either to alter or amend a judgment, see Bankruptcy Rule 9023(e), or for relief from a judgment or order, see Bankruptcy Rule 9024. Such a motion shall set forth the grounds alleged to satisfy the criteria set forth in Bankruptcy Rules 9023 or 9024, including the time period for filing the motion. Responses to such a motion are not required; however, where a party wishes to respond, the response is to be filed within seven (7) days of service of motion. The Court shall set a hearing on the motion if it determines a hearing is necessary. VT. LBR 9027-1. REMOVAL/REMAND (a) Notice. A party filing a "Notice of Removal" shall give written notice of removal to all adverse parties and shall file a copy of the Notice with the clerk of the court from which the civil action or proceeding was removed. The filing of the Notice of Removal with the Clerk of the Bankruptcy Court shall effect the removal, and the parties shall proceed no further in that court unless and until the case is remanded or the Bankruptcy Court orders otherwise. (b) Procedure after Removal. The party filing the Notice of Removal shall file, or cause to be filed, with the Bankruptcy Clerk certified copies of all records and proceedings in the court from
102
VT. LBR 9029-1. LOCAL RULES GENERALLY
which the case was removed. This filing shall be at the party's expense and made within 14 days after the filing of the Notice of Removal. (c) Remand. If, at any time before final judgment, it appears that the civil action or proceeding was removed improvidently or that this Court lacks jurisdiction to adjudicate the matter, this Court shall remand the case back to the court from which it was removed and may order the payment of just costs. A certified copy of the "Order of Remand" shall be mailed by the Clerk of this Court to the clerk of the court from which the civil action or proceeding was removed, and that court may thereupon proceed with the case. VT. LBR 9029-1. LOCAL RULES GENERALLY (a) Scope and Title. (1) Rules. These Local Rules shall govern procedure in the United States Bankruptcy Court for the District of Vermont ("the Court"). These Local Rules shall be cited as "Vermont Local Bankruptcy Rules" or "Vt. LBR [#]." These Local Rules supplement the Federal Rules of Bankruptcy Procedure (referred to herein as the "Bankruptcy Rules"). Cases, contested matters, and adversary proceedings transferred or withdrawn to the United States District Court for the District of Vermont shall be governed, as applicable, by the Local Rules of Procedure for the United States District Court for the District of Vermont (referred to herein as the "District Court Local Rules"). (2) Appendices and Forms. In correlation with these Local Rules, the Court has compiled a supplement containing various checklists, examples, forms, guidelines, models, and reference materials; this supplement is entitled "Local Bankruptcy Rules Supplement: Appendices & Forms" ("The Supplement"). Labeled as "Appendices" or "Forms", these supplemental materials are cited in the Local Rules as "Vt. LB Appendix [Roman numeral]" for Appendices and as "Vt. LB Form [Letter]" for Forms. The Supplement is available on the Court's website at http://www.vtb.uscourts.gov. (b) Making and Amending these Local Rules. These Local Rules may be made and amended by action of the Judges of the United States District Court for the District of Vermont, pursuant to Bankruptcy Rule 9029, and by this Court, pursuant to the Order entitled "Authority for Making and Amending Local Rules" entered on March 27, 2001. (c) Matters Not Covered by These Rules. (1) Consistent Practice. In any matter not covered by these Local Rules, the Court may regulate practice in any manner not inconsistent with either the Bankruptcy Rules or the Federal Rules of Civil Procedure. (2) Suspension of Rules. The Court, sua sponte or upon the motion of any party, may change or suspend any of these Local Rules in the interest of justice. (3) Good Cause. A motion for waiver of these Local Rules may be granted upon a showing of good cause.
103
VT. LBR 9029-2. LOCAL RULES STANDING ORDERS
VT. LBR 9029-2. LOCAL RULES STANDING ORDERS Standing orders may be issued by the Court to keep these Local Rules current. Copies of all standing orders may be obtained from the Clerk's Office or be found on the Court's website at http://www.vtb.uscourts.gov, under the "Legal Resources Page". Standing Orders issued prior to the effective date of these Local Rules are superseded by these Local Rules. VT. LBR 9029-3. LOCAL RULES DISTRICT COURT Reserved VT. LBR 9035-1. BANKRUPTCY ADMINISTRATORS Reserved VT. LBR 9036-1. NOTICE BY ELECTRONIC TRANSMISSION (NEF) (a) Generally. Pursuant to Bankruptcy Rule 9036, the Clerk or the federal judiciary's Bankruptcy Noticing Center ("BNC") may give notice by electronic transmission if an entity entitled to receive notice requests in writing that the notice be transmitted electronically. This written request requirement may be fulfilled through the execution of an electronic noticing agreement. See paragraph (b), below. This is in addition to and distinct from the consent document executed for CM/ECF electronic service. (b) Noticing Agreements. The Court will provide noticing agreements through the judiciary's BNC to any entity requesting this service. The terms and procedures for electronic noticing are detailed in the Court's noticing agreement provided by the Clerk and also available on the Court's website at http://www.vtb.uscourts.gov. (c) Electronic Notice of Court Orders and Judgments. Immediately upon the entry of an order or judgment, the Clerk will transmit to a party registered to use the CM/ECF System in the case, in electronic form, a NEF. Electronic transmission of the NEF constitutes the notice required by Bankruptcy Rule 9022. In accordance with the Bankruptcy Rules, the Clerk shall give nonelectronic notice to any person who has not consented to electronic service. VT. LBR 9070-1. EXHIBITS IN EVIDENTIARY HEARINGS PRODUCTION, RETENTION & CUSTODY OF (a) Marking of Exhibits. In an adversary proceeding or a contested matter, the exhibits shall be marked by counsel (or the parties) prior to the time set for commencement of the trial or hearing. If more than ten (10) exhibits are to be introduced, (1) each exhibit must be labeled, tabbed, and placed in a three-ring binder or be submitted in PDF on a CD, and (2) an index to all exhibits must be produced. Unless impracticable and waived by the Court, all documentary exhibits shall be prepared in quantity at least sufficient to provide copies to the Court, each opposing counsel, and the examining attorney. (b) Retention of Exhibits by Attorneys. Unless the Court directs otherwise, original exhibits shall not be filed with the Clerk, but rather shall be retained in the custody of the respective attorneys or persons who produced them in court. The Court will temporarily retain its copy of exhibits if it reserves decision; after entry of a decision, the Court shall deliver the exhibits to the Clerk. See paragraph (c), below.
104
VT. LBR 9071-1. STIPULATIONS
(c) Retrieval of Exhibits from the Clerk. Exhibits that have been delivered to the Clerk by the Court shall be removed by the party responsible for the exhibits: (1) if no appeal has been taken, at the expiration of the time for taking an appeal; or (2) if an appeal has been taken, within 30 days after the record on appeal has been returned to the Clerk by the appellate court. The Clerk shall give parties who fail to comply with this timeframe 30 days' notice to retrieve such exhibits. Thereafter, the Clerk may dispose of such exhibits without further notice. (d) Appeal. If a party appeals a decision or order, the party shall submit all exhibits necessary to perfect the appeal and include them in the record on appeal. (e) Photocopy Size. All photocopies of original exhibits that are submitted as part of a document filed in the Clerk's Office, whether filed electronically or non-electronically, shall be 8½" x 11" in size. Vt. LBR 9071-1. STIPULATIONS See Vt. LBR 4001-1(d); Vt. LBR 4001-4(d); Vt. LBR 9011-4 (f), (g); Vt. LBR 9013-1(f); Vt. LBR 9013-2(f). VT. LBR 9072-1. ORDERS PROPOSED (a) When Required. All requests for relief, including applications and motions, except pleadings initiating adversary proceedings, shall be accompanied by a proposed order. (b) Filing of Proposed Orders. A proposed order accompanying an application or a motion that is filed electronically shall be filed as an attachment to the application or motion and served together with the application or motion. The Court may request that certain proposed orders also be transmitted to the Courtroom Deputy via e-mail; however, a duplicate proposed order should not be transmitted to the Courtroom Deputy unless specifically requested. (c) Allowed Endorsement Orders. When parties stipulate to extend or shorten a deadline or reschedule a hearing, or when a debtor moves to delay the entry of discharge, such stipulations or motions may be submitted with an endorsement order and signature block on the same page for the Court's approval. However, all other requirements for such stipulations or motions must be met (e.g., a stipulation to reschedule a hearing must still present good cause). Further, in its discretion, and where it deems it appropriate, the Court may grant a motion through endorsement. (d) Settled Orders. See generally Vt. LBR 9011-4(f), (g); Vt. LBR 9013-1(f). (e) Format of Signature Line on Proposed Orders. The signature line on proposed orders should not be situated on a separate page. Rather, there must be a continuity of language from the previous page contained on the signature page. (f) Lift Stay Relief. See Vt. LBR 4001-1(g). VT. LBR 9073-1. HEARINGS Reserved
105
VT. LBR 9074-1. PROCEDURE FOR, AND LIMITATIONS ON, TELEPHONIC PARTICIPATION IN COURT HEARINGS & CONFERENCES.
VT. LBR 9074-1. PROCEDURE FOR, AND LIMITATIONS ON, TELEPHONIC PARTICIPATION IN COURT HEARINGS & CONFERENCES. In order to participate in a Court hearing or conference by telephone, a party must receive prior Court approval. Such approval must be obtained at least one (1) full business day prior to the hearing or conference and is available through the Courtroom Deputy. To ensure adequate audio quality of hearings and conferences, each party participating by telephone must use a land-line; only upon a showing of exigent circumstances and with the Court's approval will a party be allowed to participate in a hearing or conference by cellular telephone. See also Vt. LBR 50071(c); Vt. LBR 5072-1(f); Vt. LBR 7016-1(c). VT. LBR 9075-1. EMERGENCY MATTERS (a) Defining an "Emergency Matter". A situation will be considered an emergency matter where one seeks immediate relief from the Court that is necessitated by circumstances beyond the movant's control and there is insufficient time to give the notice required by the Bankruptcy Code and Rules. A movant's failure to proceed in a timely manner does not constitute an "emergency matter" for purposes of these Rules. (b) Procedures for Seeking Relief in an Emergency Matter. (1) Filing Requirements. Absent dire circumstances, the movant must file documents for the Court's consideration, stating the nature of relief sought, the legal basis therefore, and the facts creating urgency. To alert the Clerk's Office of the urgent nature of the relief sought, the phrase "Emergency Matter" or the word "Emergency" shall be in the caption of the documents filed. Documents for emergency relief must either be e-filed, e-mailed, or faxed to the Clerk's Office. The movant must also call the Clerk's Office to alert a staff member (preferably, the Courtroom Deputy) that an emergency motion has been filed. (2) Notice Requirements. The movant must notify all affected parties, as well as the case trustee and the Office of the U.S. Trustee, of the emergency motion. The Court may approve notification via telephone in very time-sensitive instances; such determination is in the sole discretion of the Court. Absent dire circumstances, the movant is required to file a notice of hearing and certificate of service indicating the parties notified and the method of notification. (3) Hearing. If the Court determines that an emergency hearing is necessary, it prefers that the parties appear in person for such hearing, but will permit participation by telephone and/or by videoconference if the nature of the emergency and time constraints warrant it. If testimony will be necessary to support the relief sought, the movant is to request an evidentiary hearing. Otherwise, the hearing will be limited to legal arguments by counsel. The movant must coordinate the hearing time, date, and location with the Courtroom Deputy. It is the movant's responsibility to (A) coordinate any approved telephonic and/or video conference appearances and (B) arrange for the recording of the hearing. See also Vt. LBR 5007-1(c) and (d).
106
VT. LBR 9075-1. EMERGENCY MATTERS
(4)
Waiver of Filing Requirements and/or Hearing. In dire circumstances, as determined by the Court in its sole discretion, the Court may consider the emergency matter without the filing or service of documents and/or without a hearing. The Court shall determine what documents, if any, are required to be filed by the movant after the Court has considered the emergency matter.
107
INDEX
INDEX Adversary Proceedings, 7582
core/non-core designation, 76 default, 79 discovery, 7778 dismissal of § 727 complaint, voluntary, 78 dismissal of case, effect on AP, 10 Early Neutral Evaluation Process, 102 exhibits, 1045 filing fees, form of payment, 68 findings & conclusions, objections to, 78 interrogatories, 77 memoranda of law. See Memoranda of Law motions, 90, See Motions pleadings, amendments to, 75 pretrial procedures
conferences, telephonic particiption, 76 generally, 76 pretrial statement, 76 scheduling conference, 76
Attorney(s)
admission to practice, 1922 compensation
flat fee, scope of duties, 17
discipline, 22 duties, 86 electronic filings, 86 interns, 2022 law clerks, 2022 pro hac vice, 1920 required representation, 86 signatures
electronic, 86
substitution
attorney for debtor, 22 other attorneys, 22
withdrawal
attorney for debtor, 22 other attorneys, 22
pro hac vice admission. See Motions, admission pro hac vice summary judgment, 8081 summons, 75
Auctioneers, 7274
application for commissions and expenses, 74 bonding, 73 employment of, 15 prohibition on purchasing, 73 sale proceeds disposition, 74 sale report requirements, 73
Alternative Dispute Resolution, 1012 Amendments, 78
debtor's SSN, 8 declarations, 8 mailing lists, 8 notice of, 7 Notice of Amendment Cover Sheet. See Form C pleadings, adversary proceedings, 75
Automatic Stay
continuation of
motion for, 41
creditors' obligation to provide information notwithstanding
acceptable forms of communication, 36 applicability debt secured by real property, 34 generally, 34 other secured debt, 35 possible further, 34 generally, 34 motion to compel compliance, 36 waiver of strict compliance, 36
Appeals, 8285
completion of record, 82 designation of record, 82 dismissal of adversary proceeding, jurisdiction maintained, 10 exhibits, 105 filing papers on, 83 retrieval of exhibits from Clerk, 105
debtor's assertion of exception to
certification #1, 39 certification #2, 40 certifications not filed, 41 Clerk's notification, 40 cure of default, 40 deposit of rent, 39 filing requirements, 39 lessor's consent, 40 lessor's non-response, 40 lessor's objection to certification #1, 40 lessor's objection to certification #2, 40
Appraisals
cash collateral, 42 debtors' duty to provide, 45
Appraisers, 7274
employment of, 15
Arbitration. See Alternative Dispute Resolution
108
INDEX
debtor's obligation to provide information notwithstanding
insurance coverage, 36
imposition of
motion for, 41
compliance with UST's operating guidelines, 46 conversion to Ch. 7, 11 creditors' committee
information confidential, 14 disclosure, motion to compel, 14 method of providing, 14 method of requesting, 14 privileged, 14 provide generally, 14
relief from, 3739
motion additional requirements, 37 Ch. 13 case, 38 contents, generally, 37 debtor's objection to, 37 hearing, evidentiary, 39 hearing, final, 38 required pre-motion default notification, 37 service of, 38 stipulation, 38 order granting, 39
designation of small business case, 11
motion required, 11
verification that not in effect
motion for, 41
documents, additional copies required, 9 final report, 3133 insurance, 56 monthly operating reports, 46 plan
acceptance, 30 certification, 30 confirmation, 3031 confirmation order, 31 confirmation requirements, generally, 30 rejection, 30
violation of, 56
Ballots, 30
summary report, sample. See Form G
Bonding
bond, auctioneer, 73
Cases
compensation, Ch. 13, 18 consolidation, 910 conversion of, 11
reference guide, Ch. 7,13. See Appendix II
retainers, permission required to draw down, 16 sale of estate property, 72
Chapter 12
claims
classifiction, 24 object to, 23
dismissal, 1011
reference guide, Ch 7/13. See Appendix II
final report/decree, Ch. 11, 3133 joint administration, 910 reopening, 65
consolidation, termination of, 10 creditors' obligation to provide information, 34 discharge
certification of compliance, 51 entry, 54 request early entry, 54
Cash Collateral, 3942
final hearing, 42 interim hearing, 42 motion for, 42 stipulation for use, 42
insurance, 56 lien avoidance
generally, 49 identify liens, 50 order granting, 50
Certificate of Service
consequence of failure to file, 99 contents, 99 filing required, 8, 12, 13, 18, 38, 47, 62, 63, 75, 79, 106
retainers, permission required to draw down, 16
Chapter 13
approval to incur extraordinary expenditure
request of $5,000 or less, 43 request of greater than $5,000, 43 trustee declines approval, 43
Chapter 11
§ 1129(b) cram down, 30 ballots, 30 books and records
establish new, 46 preserve old, 46
claims
bifurcation, 25 limitation on, 26 classification, 24 objection to, 23
claims
objection to, 23
109
INDEX
payment secured claims, 25 short-term secured debts, 26 undersecured claims, 25
relief from automatic stay
additional requirements, 38
sale or refinance of property, 69
trustee's approval, 69
confirmation
Court's § 1324(b) determination, 26 rebuttable presumption, 27 hearing attendance at, 27 filings considered, 27 request postponement
trustee's expenses upon conversion or dismissal, 33
Claims
classification
Ch. 12, 24 Ch. 13, 24
of continued hearing, 28 of initial hearing, 28 presumption of unreasonable delay, 28 untimely, appearance required, 28
objection limitation on raising, 27 writing preferred, 27
general, 22 objections to, 23
Ch. 11 cases, 23 Ch. 12 cases, 23 Ch. 13 cases, 23
proof of claim, 23 register, 59
Clerk of Court, 5759
default, entry of, 79 how to contact
e-mail address, 57 fax number, 57 mailing address, 57 telephone number, 57
consolidation, termination of, 10 creditors' obligation to provide information, 34 debtor-in-possession, 15
business operating orders, 15
discharge
certification of compliance, 52 entry, 54 request early entry, 54
joint administration, duties, 9 judgment
entry of, 79
dismiss, motion to, 11 insurance, 56 lien avoidance
generally, 49 identify liens, 50 order granting, 50
office hours, 57 records, duty to maintain, 59 retrieving exhibits from, 105 website, 57
Collateral
cash. See Cash Collateral valuation
motion required, 23 motor vehicle, presumptive value, 24
payments
attorney's fees, 18 trustee, 33
plan, 2426
alternative by non-debtor, 26 amended by debtor, 26 confirmation, 2628 extending period, 29 modify additional requirements, 29 motion contents, 29 order required, 29 notice, 12 sale plan closing costs & commissions, 69 generally, 69 payment of secured claims, 70
Compensation
appraisers & auctioneers, 72 professionals, 1618
application for $1000 or less, 16 application for compensation, 15 application guidelines, 16 application, certification required, 16 attorneys, Ch. 13 cases, 18 attorneys, flat fee, scope of duties, 17 real estate brokers, 17
Consolidation
caption; docket entries, 10 mailing list, 10 motion for, 9 termination of, 10
property
sale or refinancing, 6970
purchase of motor vehicle, 4244
request of $15,000 or less, 42 request of greater than $15,000, 43 trustee declines approval, 43
Contact Information
110
INDEX
generally, 49 pro se parties, 49
Contact with Debtor, Permissible
creditors' obligation to provide information
acceptable forms of communication, 36 applicability debt secured by real property, 34 generally, 34 other secured debt, 35 possible furhter, 34 generally, 34 motion to compel compliance, 36 waiver of strict compliance, 36
objection to dismissal motion, 49 trustee's § 521(i)(4) motion, 49 providing payment advice cover sheet, 44 providing proof of SSN, 46 providing tax returns, 47 creditor's request, 47 debtor's response to creditor's request, 47 motion to compel production, 47 request access to returns filed with Court, 48 request debtor files with Court, 48
payments by
filing fees, 68 installment payments, 68 waiver of payment, 68 non-filing fees, 68 waiver of payment, 68
proof of insurance, 36
Contested Matters
attendance of witnesses, 99 claim of unconstitutionality, 77 confirmation hearing, local practice, 100 dismissal of case, effect on, 10 Early Neutral Evaluation Process, 102 generally, 99101 motion to reopen, treated as, 65 presenting evidence, 99 substitution, attorney for debtor, 22
Declaration REF
amendments, 8 with petition, 1
Default
judgment, 7980
entry by Clerk, 79 entry by Court, 80
pre-judgment entry of default, 79
Definitions, 85
of submitted, 4
Conversion
Ch. 11 to 7, 11 Ch. 13 trustee's expenses upon, 33 reference guide. See Appendix II
Discharge, 5154
Ch. 12
certification of compliance, 51
Court
calendars & scheduling, 66 decorum, 6667 how to contact, 57 location
filing, 12 hearings, 12
Ch. 13
certification of compliance, 52
entry
Ch. 12 case, 54 Ch. 13 case, 54 request early entry, 54
Form 23 required, 51 sua sponte denial, 54
mechanical devices in, 67 office hours, 57 recording & broadcasting
by Court, 67 prohibition on, 67
Disclosure Statement. See Statements Discovery, 7778
initial disclosure, 77 interrogatories, 77 mandatory consultation, 77 motions
other, 78 to compel, 78
reporting, 63 website, 57
Cram Down
motion for, 30
Debtor(s)
duties of
§ 109(h) compliance with, 44 requesting waiver of, 44 document production at § 341 meeting, 45 non-compliance with motion to dismiss, 48
objections, 77 orders
compliance with, 78 non-compliance with, 78
response time, 78 unnecessary motions or objections, 78 writing requirements, 77
Dismissal
111
INDEX
adversary proceeding
§ 727 complaint, voluntary, 78
basis for
failure to attend confirmation hearing, 27 failure to attend scheduling conference, 76 failure to comply with § 109(h)(1), 44 failure to file documents, 5 failure to provide notice, 12 failure to provide tax returns, 47
Number(s) ("Form 21"), 4 technical failures, relief due to, 61, 63 waiver of service & notice by mail, 62
Ch. 13
consideration of debtor's attorney's fees, 18 motion requirements, 11 trustee's expenses upon, 33
Estate Property. See Property of Estate Ex Parte Contact, 85 Exemptions, 49 Exhibits, 1045
electronic filing, 89 marking, 104 retention by attorneys, 104 retrieval from Clerk, 105 size of, 105 when decision or order appealed, 105
effect on AP, contested matter, 10 generally, 10 motion
objection to, 49 requesting, 48 scheduling in AP, 66 sequence of adjudicating multipe motions, 49 trustee's § 521(i)(4) motion, 49
Facsimile
filing
petition, 1
Fees
acceptable forms of payment, 68 effect of non-payment, 68 filing fee, waiver of, 2 installment payments, 2 paid by credit card, 68 payment by debtor, 68 restrictions on debtors, 2
Early Neutral Evaluation. See Alternative Dispute Resolution Electronic Filing, 6163
attachments and exhibits, 89 Case Management/Electronic Case Filing (CM/ECF), 61 consequences of, 60 deadline, 61 declarations, 8 deemed filing date
e-mail filing, 1 fax fililng, 1 generally, 61
Filing
by corporation, requirements, 2 by limited liability company, requirements, 2 document, requirements, 6061
documents, originals, 86 documents, service, 9899
notice of electronic filing, 98
Form 21. See Statement of Debtor's Social Security Number(s) Hearings
confirmation
attendance at, 27 filings considered, 27 request postponement of continued hearing, 28 of initial hearing, 28 presumption of unreasonable delay, 28 untimely, appearance required, 28
e-mail filing, generally, 1 e-mail filings, 63 fax filings, 62 fax filings, generally, 1 hours of, 57 mailing lists, 7 notice by electronic transmission, 104 passwords & their security, 62 payment, form of, 63 petitions, 1 Public Access to Court Electronic Records (PACER), 57 registration for, 61 sealed documents, 60 signatures, electronic, 86 Statement of Debtor's Social Security
112
continuances, 66 conventional
form of notice, 93
default procedure, 9497
form of notice, 96 relief available through, 94
emergency, 63 evidentiary
court designated, 99 how to request, 100 relief from stay, 39
INDEX Rule 9014(E) Notice of. See Form V amendments, 8 for cases filed non-electronically, 7 format, 67 generally, 57 master, 56
generally, 9092
attendance at, 92 continuances, 92 form of notice, 90 minimum notice, 92
location, 12 reaffirmations, 55 scheduling
generally, 66, 90
Local Rules
amending, 103 appendices, 103 definitions, 85 forms, 103 generally, 103 matters not covered, 103 scope and title, 103 standing orders, 104 supplement, 103 waiver, 103
telephonic, 63
Insurance, 56
proof of
business inventory and equipment, 3 permissable contact with debtor to verify, 36 to Ch. 13 trustee, 46
Internships, 21 Joint Administration
cases filed by husband and wife, 9 Clerk's duties, 9 mailing list, 9 of related cases, 9
Mailing List. See Lists Mediation. See Alternative Dispute Resolution Meeting of Creditors
attendance, waiver, 13 documents required, 1, 13, 45
Judgments
generally, 102 notice of, 102
electronic, 104
Memoranda of Law
and motion for summary judgment, 81 generally, 9798 motions not requiring, 98
summary
generally, 8081 special notice to pro se litigants, 81 sample notice. See Form T
Motions
admission pro hac vice, 19 automatic stay, relief from. See Automatic Stay briefs, 97 certificate of service, 75 consolidation, 9 consultation, mandatory, 88 content, generally, 13 continuances, 92 default practice, 9497 discovery. See Discovery emergency. See Vt. LBR 9075-1 generally, 8890 hearings, generally, 9092 joint administraton, 9 memoranda of law
required, 97 requirement waived, 98
Jury Trial, 101
consent, 101 voir dire, 101
Lien Avoidance
Ch. 12, Ch. 13
identify liens, 50
generally, 49 orders, 50
Liens
avoidance, 4950 sales free and clear of, 7071
Lists
20 largest unsecured creditors, 6 additional required, 6 amendments
generally, 78 interlineation, 7
assets, 3
business inventory, equipment, 3
multiple, 92 notice
conventional, 93 default procedure, 96 generally, 92
creditors, 5 mailing list
113
INDEX
proposed orders, 90 proposed orders with consent, 90 reconsider, 102 reopen case
filing Official Form 23, 51 generally, 65
emergency. See Vt. LBR 9075-1 generally, 105 joint administration, 9 lien avoidance, 50 notice of, 102
electronic, 104
scheduling hearings, 90 sealing documents, 59 stipulated, 88
proposed
motion practice, 90 relief from stay, 105 signature line, 105
Notice
amendments, 7
to new creditors, 7
claims, deadline for filing, 23 electronic, 104 final decree, Ch. 11, 32 hearings
conventional procedure, 93 default procedure, 96 generally, 90
protective, 78 records, limiting electronic access, 57 relief from stay, 39 sale or refinancing of property, Ch. 13, 69 seal documents
electronic, 60 required, 59
judgments and orders, 102 motion practice and, 99 service, 9899 service, generally, 9899 substitution of attorney, 22 to creditors, 1213
Ch. 13 plan, 12 duty to provide, 12 forms of service, 13 mailing list, 13 method of service, 13 by parties not registered for CM/ECF, 13
standing orders, 104 substantive consolidation, 10 substituion, attorney for debtor, 22 withdrawal, attorney for debtor, 22
PACER. See Public Access to Court Electronic Records Papers
deemed filing date, 1 electronic filing, 6163 filing requirements, 6061 maintained electronically, 58
Payment Advice Cover Sheet
filing requirement, 3, 44
to U.S. or federal agency, 13 withdrawal of attorney, 22
Petition
amendments to, 78 caption, 2 corporation, resolutions, 2 general filing requirements, 12 limited liability company, authority, 2 redaction requirements, 2
Notice of Electronic Filing (NEF)
generally, 104 noticing agreements, 104 of orders and judgments, 104 with petition, 1
Official Form 21. See Statement of Debtor's Social Security Number(s) Official Form 23
filing deadline, 51 filing deadline, extending, 51
motion to reopen, 51
Plans
acceptance/rejection, generally, 30 Ch. 11
acceptance/rejection of, 30 ballots, 30 cram down, 30 order confirming, 31
filing requirement, 51
Orders
abandonment, 74 approving sales, 72 business operating, 15 confirming Ch. 11 plan, 31 discovery, compliance with, 78
114
Ch. 13
attorney fee payment, 18 confirmation, 2628 extending payment period, 29 generally, 2426 notice, 12
Powers of Attorney, 86
INDEX
Pro Se Parties
attendance at conferences, 76 contact information, 86 duty to retain documents, 86 register for CM/ECF, 62 special notice, motion for summary judgment, 81
procedure, 1023
Removal
procedure, 1023
Reports
final, Ch. 11, 3133 monthly operating, 46
Professionals
attorneys, 1922
discipline & disbarment, 22 withdrawals, 22
Sanctions
generally, 87 violation of stay, 56
Schedules
amendments to, 78 assets
business inventory, equipment, 3
compensation of, 1618 compensation of Ch. 13 attorney, 18 employment of, 15
Property of Estate
abandonment, 74 Chapter 13, 6970 generally, 6972 sales
chapter 11 requirements, 72 free & clear of liens, 7071 notice of intent to sell, 71 other, 71
certification, pre-petition credit counseling. See Vt. LBR 4002-1(a), (b) Ch. 11
debtor's affidavit, 4 operating business additional information required, 4
Public Access to Court Electronic Records (PACER), 57 Reaffirmations, 5456
motion
defer entry of discharge, 56 hearing on, 55 vacate discharge, 56
debt, 3 mailing list required, 57 Payment Advice Cover Sheet, 3 waiver, requirements, 5
Sealed Documents
delivery of documents, 59 effect of electronic filing, 60 generally, 5960 order required, 59
proposed order, required language, 56 requirements
additional source of funds, identify, 55 cover sheet, 54 Form 240A, 54 generally, 54 Official Form 27, 54 separate certification, 54
Service
ballots, 30 certificate of
amendments, 7 attorneys, substitution, 22 attorneys, withdrawal, 22 generally, 75 motion practice, 99 notices to creditors and other interested parties, 13
unenforceable for non-compliance, 56 when hearing & order not required, 55
Redaction, 58
filer's responsibility, 58 personal data identifiers, 58
dates of birth, 58 financial account numbers, 58 names of minor children, 58 Social Security numbers, 58 taxpayer identification numbers, 58
designation of, attorney without office in VT, 20 generally, 9899 objection to confirmation, Ch. 13, 27 summons, 75 to creditors & other interested parties
by parties not registered for CM/ECF, 13 forms of service, 13 method of service, 13
request for redacted information, 58
Signatures
attorneys, electronic, 87 designating consent, 88 electronic, 86
115
Redemption, 7475 Remand
INDEX
e-mail
attorneys, 87 non-attorneys, 87
when notice not required, 92
fax, 88 judge's, 68 non-attorneys, 87 one document, multiple parties, 88 signature line on proposed orders, 105 signing of documents, 87
Substantive Consolidation. See Consolidation Summary Judgment
citation to record, 81 expedited ruling, 81 facts admitted, 81 filing deadline, 81 generally, 8081 memoranda required, 81 motions
requirement, 81
Small Business Cases
confirmation hearing, 29 designation, motion required, 11
Standing Orders
local rules, 104
Statement of Debtor's Social Security Number(s) ("Form 21")
amendment of, 8 and meeting of creditors, 1 non-applicability of redaction requirement, 58 requirement, generally, 4 retention by Clerk, 59
opposition, 80 oral argument, 81 special notice to pro se litigants, 81 statement of disputed facts, 80 statement of undisputed facts, 80 tolling, 81
Summons, 75 Time Periods
meaning of days, 85 reference to Code & Rules, 85
Statements
amendments to, 78 conversion, required upon, 11 of debtor's social security number. See Statement of Debtor's Social Security Number(s)
Transcripts, 6465
official written, 64 protecting privacy
form of redaction, 64 information subject to redaction, 64 lifting temporary restriction, 65 procedures for, 64 requesting redaction, 64 temporary restriction period, 64
Stipulations
motions for, 89 one document, multipe parties, 88 relief from stay, 38 signatures designating consent, 88 use of cash collateral, 42
Website, 57
116
Appendices (cited herein as Vt.LB Appendix I, et seq.) and Local forms (cited herein as Vt. LB Form A, et seq.) constitute supplements to the Vermont Local Bankruptcy Rules and may be found at the Court's website http://www.vtb.uscourts.gov/Local_Rules_Supplement.php
*******************************
The Court extends special thanks to Patricia A. Killigrew. She was the primary author and coordinator of the local rules revision process, reviewed all comments, and served as the reporter. Pat's knowledge of the bankruptcy court process, keen eye and dedication to the project, along with the assistance and contributions by members of the bar and court staff made this updated version of local rules possible.
Free Local Bankruptcy Rules 2008 - Vermont
| File Size: | 475.8 kB |
| Pages: | 135 |
| Date: | April 22, 2008 |
| File Format: | |
| State: | Vermont |
| Category: | Bankruptcy |
| Author: | cko |
| Word Count: | 57,026 Words, 401,108 Characters |
| Page Size: | Letter (8 1/2" x 11") |
| URL |
http://www.vtb.uscourts.gov/Local_Rules_2008.pdf |
| Download Local Bankruptcy Rules 2008 ( 475.8 kB) |
Preview Local Bankruptcy Rules 2008
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