Free Common Motion Practice - North Dakota

Guide to Rules, Proceedings and Hearings Per Local Rule 2002-1 U.S. Bankruptcy Court District of North Dakota

Type of Proceeding Rule

Code §

Pleadings to be filed Motion Notice Proof of Service

Notice

Notice sent to Whom? Parties in interest(1)

Filing Fee (If Applicable) $150.00

Compel Abandonment, Request by Party in Interest

6007(b)

554(b)

15 days to object

Abandonment, 6007(a) Request by Trustee or Debtor in Possession (Chapter 11) Abstention 5011

554(a)

Notice of Intent Proof of Service

15 days to object

All creditors(2)

305

Motion Notice Proof of Service

15 days to object

Parties in interest(1)

Access to Tax Documents

4002

521

Motion Notice Proof of Service

15 days to object

Parties in interest(1)

Access to Documents

107(c)(2)

Motion Proof of Service

May be filed Ex Parte

Adequate Protection

4001

361

Motion Notice Proof of Service

15 days to object

Parties in interest plus 20 largest unsecured creditors if no committee was appointed, Rule 4001(d)(1)(1) Parties in interest(1) $255.00

Administrative Expenses Appeal 8001 8002 8004

503

Application Notice Proof of Service

20 days to object

Title 28 § 158

Notice Notice must Parties in (official form 17) be filed interest(1) within 10 days of entry of judgment, order or decree

Appointment, Consumer Privacy Ombudsman

332 363

Motion Notice Proof of Service

15 days to object

Parties in interest(1)

Appointment, Interim 2001 Trustee in Involuntary Case

Motion Notice Proof of Service

15 days to object

Parties in interest(1)

Assume or Reject

6006

365

Motion Notice Proof of Service

15 days to object

Parties in interest(1)

Automatic Stay, Confirm Termination or Absence

362(j)

Motion Notice Proof of Service

15 days to object

Parties in interest(1)

Automatic Stay, Extend

362(c)(3)(B) Motion Notice Proof of Service

15 days to object

Parties in interest(1)

Automatic Stay, Impose

362(c)(4)

Motion Notice Proof of Service

15 days to object

Parties in interest(1)

Automatic Stay, Lift

4001(a)(1) 362

Motion Notice Proof of Service

15 days to object

Parties in interest(1)

$150.00

Avoid Lien

4003(d)

522(f)

Motion Notice Proof of Service

15 days to object

Parties in interest(1)

Avoid Lien re Household Goods

4003

522(f)

Motion Notice Proof of Service

15 days to object

Parties in interest(1)

Cash Collateral, Use of

4001(b)

363

Motion Notice Proof of Service

15 days to object

Parties in interest plus 20 largest unsecured creditors if no committee was appointed, Rule 4001(b)(1)(1)

Claim, Objection to

3007

502

Objection Proof of Service

Scheduled for Parties in Hearing interest(1)

Compel

Motion Notice Proof of Service

15 days to object

Parties in interest(1)

Compensation

2002(a)(6) 330 2016 331 328

Application Itemization Notice Proof of Service

20 days to object, Rule 2002(a)(6)

All creditors if the amount requested is over $1,000.00, Rule 2002(a)(6)(2) If under $1,000,

Parties in interest(1)

Compensation (Chapter 13 ­ PreConfirmation)

2002(a)(6) 330 2016 331 328

Noticed through plan. Plan must specify total fees paid. Noticed through plan. Plan must specify total fees paid. Application Itemization Notice Proof of Service

25-day notice All creditors, of Plan Rule 2002(b) Confirmation (2) hearing, Rule 2002(b) 20 days, Rule All creditors, 2002(a)(5) Rule 2002(a)(5) (2)

Compensation (Chapter 13 ­ PostConfirmation Modification Fees ­ $500.00 or less)

2002(a)(6) 330 2016 331 328

Compensation 2002(a)(6) 330 (Chapter 13 ­ Post 2016 331 Confirmation 328 Modification Fees ­ Greater than $500 up to $1000) Compensation (Chapter 13 ­ PostConfirmation Modification Fees ­ Over $1,000) Compromise or Settlement 2002(a)(6) 330 2016 331 328

20 days to object, Rule 2002(a)(6)

Parties in interest (1)

Application Itemization Notice Proof of Service Motion Notice Proof of Service

20 days to object, Rule 2002(a)(6)

All creditors 2002(a)(6) (2)

2002(a)(3) 9019

20 days to object, Rule 2002(a)(3) 20 days to object

All creditors, Rule 2002(a)(3)(2) All creditors(2)

Consolidation

1015

302

Motion Notice Proof of Service Motion Proof of Service

Contempt

9020

105

May be Parties in scheduled for interest(1) hearing

Conversion, Request by Debtor

- Chapter 7

1017(f)

706(a)

Motion and Order No notice required but courtesies should be observed

$15.00 to convert a chapter 11 to a chapter 7 $25.00 to convert a chapter 13 to a chapter 7 $60.00 to convert a chapter 12 to a chapter 7

- Chapter 11

1017(f)

1112(a)

Motion and Order No notice required but courtesies should be observed

$755.00 for chapter 7 to convert to chapter 11 $800.00 to convert a chapter 12 to a chapter 11

- Chapter 12

1017(f)

1208(a)

Notice of Conversion or Motion

No notice required but courtesies should be observed

- Chapter 13

1017(f)

1307(a)

Notice of Conversion or Motion

No notice required but courtesies should be observed

$765.00 for chapter 13 to convert to chapter 11 $35.00 for chapter 12 to convert to chapter 13

Conversion, Request by Party in Interest - Chapter 7 1017(f) 706(b) 2002(a)(4) 1017(f) 1112(b) 2002(a)(4) 1017(f) 1208(d) 2002(a)(4) 1017(f) 1307(c) Motion, Notice and Proof of Service Motion, Notice and Proof of Service Motion, Notice and Proof of Service Motion, Notice and Proof of Service Motion Notice Proof of Service 20 days to object, Rule 2002 (a) (4) 20 days to object, Rule 2002 (a) (4) 20 days to object, Rule 2002 (a) (4) 20 days to object 15 days to object All creditors, $15.00 to convert to Rule 2002(a)(4)(2) chapter 7 All creditors, Rule 2002(a)(4)(2) All creditors, Rule 2002(a)(4)(2) Parties in interest(1) Parties in interest(1)

- Chapter 11

- Chapter 12

- Chapter 13

Credit Counseling, Exemption from

109(h)(4)

Credit Counseling, Extend Time

109(h)(3)

Motion Proof of Service

No notice required but courtesies should be observed

Parties in interest(1)

Credit, Request to Obtain

4001(c)

364

Motion Notice Proof of Service

15 days to object

Parties in interest plus 20 largest unsecured creditors if no committee was appointed, Rule 4001(c)(1) Parties in interest(1)

Damages, Creditor Misconduct

524(i) 707(b)(5)

Motion Notice Proof of Service

15 days to object

Declaratory Judgment 7001(9) (constitutes an adversary proceeding)

Variable

Complaint Cover Sheet (if case not filed electronically)

$250.00(3)

Default Judgment

7055

Motion Proof of Service

Court will take matter under advisement

Parties in interest(1)

Discharge, Delay Entry of

4004(c) 2

No Notice of the Motion is required 1228(b) 1328(b) Motion

Parties in interest(1) Court to enter All creditors, order and Rule 2002 notice for service $250.00(3)

Discharge, Hardship 4007(d) 2002

Discharge, Objections 4004(a) to (constitutes an 7001(4) adversary proceeding) Dischargeability, Objection to (constitutes an adversary 4007(c) 7001(6)

727(a)

Complaint Cover Sheet (if case not filed electronically) Complaint Cover Sheet (if case not filed electronically)

523(c)

$250.00(3)

proceeding)

Disclosure Statement, 2002(b) Approval of 3017 Disclosure Statement, 3016(b) Modification

1125

Disclosure Statement Motion Notice Disclosure Statement Proof of Service Motion

25-day notice of hearing, Rule 2002(b) 20 days to object

1125

Dismiss, Duplicate Case

No notice required but courtesies should be observed

Dismissal, Request by Debtor

-Chapter 7

1017(a) 2002(a)(4)

Motion Notion

20 days to object, Rule 2002(a)(4)

All creditors, Rule 2002(a)(4)(2)

-Chapter 11

1017(a) 2002(a)(4) 1208(b)

Motion Notice

20 days to object, Rule 2002(a)(4)

All creditors, Rule 2002(a)(4)(2)

-Chapter 12 (no previous conversion)

Motion and Order No notice required but courtesies should be observed Motion and Order No notice required but courtesies should be observed

-Chapter 13 (no previous conversion)

1307(b)

-Chapter 12 1017(f) 1208(c) (previous conversion) 2002(a)(4)

Motion, Notice and Proof of Service

20 days to object, Rule 2002(a)(4)

All creditors, Rule 2002(a)(4)(2)

-Chapter 13 1017(f) (previous conversion)

1307(c)

Motion, Notice and Proof of Service

20 days to object

Parties in interest(1)

Dismissal, Request by Party in Interest

-Chapter 7

1017(f) 707 2002(a)(4)

Motion, Notice and Proof of Service

20 days to object, Rule 2002(a)(4)

All creditors, Rule 2002(a)(4)(2)

-Chapter 11

1017(f) 1112(d) 2002(a)(4) 1017(f) 1208(c) 2002(a)(4) 1017(f) 1307(c)

Motion, Notice and Proof of Service Motion, Notice and Proof of Service Motion, Notice and Proof of Service Motion Motion for Expedited Hearing Affidavit in Support Proposed Order

20 days to object, Rule 2002(a)(4) 20 days to object, Rule 2002(a)(4) 20 days to object

All creditors, Rule 2002(a)(4)(2) All creditors, Rule 2002(a)(4)(2) All creditors

-Chapter 12

-Chapter 13

Emergency/Expedited 9006 Hearing, Request for

If approved, Parties in clerk's office interest(1) will schedule hearing

Employ (Application not required to employ debtor's attorney in Chapter 7 or 13)

2014

327

Application Verified Statement or Affidavit

U.S. Trustee

Examination Under Rule 2004

2004

Motion Proof of Service

Parties in interest(1)

Examiner, Request to 9014 Appoint in a Chapter 11

1104

Motion Notice Proof of Service

15 days to object

All creditors(2)

Exemptions, Objection to

4003(b)

522

Objection Notice Certificate of Service Motion Notice Proof of Service

15 days to object

Parties in interest(1)

Extend Time to File Complaint to Determine Dischargeability of Debt Extend Time to Appeal Extend Plan Payments (Chapter 13)

4007(d)

15 days to object

Parties in interest(1)

8002(c) 1322(d) 1329(c)

Motion Proof of Service Motion Notice Proof of Service

May be set by Parties in the Court interest(1) 20 days to object All creditors(2)

Extend Time to File Plan

9006

1121(d) 1221 1321

Motion Proof of Service

All creditors(2)

Extend Time to File Schedules or Statement

9006 1007(c)

Motion Proof of Service

Trustee and U.S. Trustee

Filing Fees, Request 1006 to Pay in Installments LBR (individuals only) 1006-1

Title 28 § 1930(a) (6)

Application

No notice required

$100.00 minimum payment due at time of filig Parties in interest(1) $250.00(3)

Financial Management Course, Exemption Injunction or Equitable Relief (constitutes an adversary proceeding) Joint Administration 7065 7001(7)

109(h)(4) 727(a)(11) Variable

Motion Notice Proof of Service Complaint Cover Sheet (if case not filed electronically) Motion Notice Proof of Service Motion Proof of Service

15 days to object

1015

302

All creditors(2)

Judgment, Alter or amend

9023

Court will take matter under advisement Party has 10 Parties in days to file an interest(1) answer in opposition $250.00(3)

Leave to Appeal

8003

Motion Proof of Service

Lien, Determine the Validity, Priority, or Extent of (constitutes an adversary proceeding) Limit Notice

7001(2)

Complaint Cover Sheet (If case not filed electronically)

2002(i)

Motion Affidavit Proposed Order

No notice required but courtesies should be observed

Means Test, Exemption from

701(b)(2)(D) Motion Notice Proof of Service

15 days to object

Parties in interest(1)

Modify Assurance Payment

366(c)(3)

Motion Notice Proof of Service

15 days to object

Parties in interest(1)

Plan, Confirmation of

-Chapter 11

3020(b) 2002(b)

1128 1129

Plan

25-day notice All creditors, of hearing, Rule Rule 2002(b) 2002(b)(5) 20-day notice All creditors, of hearing, Rule Rule 2002(a)(8)(2) 2002(a)(8) 25-day notice All creditors, of hearing, Rule Rule 2002(b) 2002(b)(2)

-Chapter 12

3015 1224 2002(a)(8) 1225

Plan

-Chapter 13 3015 (hearing is held only 2002(b) if objections are filed) LBR 3015-1 Plan, Amend Before Confirmation -Chapter 11

1324 1325

Plan

1129

Amended Plan Notice of Amended Plan (when adversely affects creditors) Proof of Service Amended Plan Notice of Amended Plan (when adversely affects creditors) Proof of Service

-Chapter 12

1223

-Chapter 13

1323

Amended Plan Notice of Amended Plan (when adversely affects creditors) Proof of Service

Plan, Motion to Modify after confirmation

-Chapter 11

1127

Motion Notice Proof of Service

20 days, Rule All creditors, 2002(a)(5) Rule 2002(a)(5)(2)

-Chapter 12 & 13

3015

1229 1329

Motion Notice Proof of Service Motion Proposed Order Motion Proposed Order

20 days, Rule All creditors, 2002(a)(5) Rule 2002(a)(5)(2)

Pro Hac Vice Quash Reaffirmation Agreement (pro se) 4008 LBR 4008-1 524(c) and (d)

Agreement Motion

Set for hearing by Court unless consumer debt secured by real estate Effective upon filing with court

Reaffirmation Agreement (pro se) (consumer debt secured by real estate) Reaffirmation Agreement, (presumption of undue hardship)

4008 LBR 4008-1

524(k)(3)(J) Reaffirmation Agreement

4008 LBR 4008-1

524(c) and (d)

Reaffirmation Agreement

May be set for hearing by Court

Reaffirmation Agreement entered into with a credit union Reconsider

4008 LBR 4008-1 9024

524(m)

Reaffirmation Agreement

Effective upon filing with court May be taken Parties in under interest(1) advisement or set for hearing $250.00(3)

Motion Proof of Service

Recover Money or 7001(1) Property except under § 554 and § 725 of the Code (constitutes an adversary proceeding) Redemption of 6008 Property from Lien or Sale Refund Filing Fee

542 544 547 548

Complaint Cover Sheet (If case not filed electronically)

722

Motion Notice Proof of Service Motion Notice Proof of Service

15 days to object

Parties in interest(1)

10 days to object

Parties in interest(1)

Reject Lease or Executory Contract

6006

365

Motion Notice Proof of Service

15 days to object

Parties in interest(1)

Relief from Stay

4001(a)

362(d)

Motion Notice Proof of Service

15 days to object

Parties in $150.00 interest plus the list of 20 largest unsecured creditors if no committee was appointed,

Rule 4001(a)(1)(1)

Removal, Notice of (adversary proceeding)

7001(10) 9027

Notice of Removal Cover sheet (If case not filed electronically)

$250.00(3)

Reopen Case (fee 5010 may not be required if 4007(b) filed by debtor regarding discharge)

350(b)

Motion Proof of Service

May be set by Parties in Court interest(1)

Chapter 7 $260.00 Chapter 11 - $1000.00 Chapter 13 - $235.00 Chapter 12$200.00

Retiree Benefits, Reinstatement of Restrict Public Access

1114

Motion Notice Proof of Service Motion Proof of Service

15 days to object

Parties in interest(1)

107(c)(1)

May be set by Parties in Court interest(1)

Sale

6004 363 2002(a)(2)

Motion Notice Proof of Service

20 days to object

All creditors, Rule 2002(a)(2)(2)

Sanctions (if motion 7037 filed in adversary, matter taken under advisement per local rule)

28 § 1927

Motion Notice Proof of Service

15 days to object

Parties in interest(1)

Schedules, Amending 1009 to Add Creditors LBR 1009-1 If the case is closed, it will need to be reopened.

Amended Schedule (signed by debtor) Cover sheet (if document not filed electronically) Proof of Service on any notice mailed to creditors pursuant to FRBP 2002 to the additional creditors Amended Schedule (signed by debtor)

$26.00

Schedules, Amending 1009 (no creditors added) LBR 1009-1

No fee required

Seal Records

303(I)

Motion Proof of Service

May be set for hearing by Court

Parties in interest(1)

Shorten Time

9006

Motion Affidavit Proposed Order

No notice required but courtesies should be observed

Stay Pending Appeal 8005

Motion

May be set by Parties in the Court interest(1) 15 days to object No notice required but courtesies should be observed Parties in interest(1)

Strike

Motion Notice Proof of Service 9037 Motion Proof of Service

Strike to Redact Personal Identifiers

Substitution of Attorneys

Motion/Stipulation Proof of Service Proposed Order 7056 LBR 7001-1 Motion Proof of Service Matter will be taken under advisement 15 days to object Parties in interest(1)

Summary Judgment

Suspension of Payments (Chapter 12 and Chapter 13) -

Motion Notice Proof of Service

All creditors(2)

temporary

Trustee, Request to 2007.1 Appoint in a Chapter 11 Turnover estate 7001 property in debtor's possession (to recover estate property in third party's possession, an adversary proceeding is required) Value of Personal Property, Determine Consequential (By Trustee Only) Valuation 3012

1104

Motion Notice Proof of Service Motion Notice Proof of Service

15 days to object 15 days to object

All creditors(2) Parties in interest(1)

543

362(h)(2) 521(a)(2)

Motion Notice Proof of Service

15 days to object

Parties in interest(1)

506(a)

Motion Proof of Service

Motion filed Parties in after interest(1) appraisals complete for both sides, hearing will be set upon filing of motion 15 days to object All creditors(2)

Venue, Change

1014

Title 28, § 1412

Motion Notice Proof of Service

Withdraw as Attorney for Debtor

Motion Notice Proof of Service

15 days to object

Parties in interest(1)

Withdrawal of Reference

Title 28, § 157(d)

Motion

Upon the filing of the Motion, it will be transmitted to

$250.00

the District Court for a determination

These guidelines are for reference purposes only and should not be relied upon instead of the Bankruptcy Code and/or Bankruptcy Rules. Parties are advised that they should consult the applicable Code sections and/or Rules. Rev. 9/98. Filing fee amounts effective 1/1/07. Proof of Service necessary where noted if parties served are not electronic filing users.

1. "Parties in interest" in a main case bankruptcy means: The debtor and debtor's attorney,

trustee, U.S. Trustee, creditors' committee, any objecting party or attorney who may be directly involved with the proceeding and anyone else you deem necessary should receive notice. "Parties in interest" in an adversary proceeding means: The plaintiff and/or their attorney, the defendant and/or their attorney, U.S. Trustee, any objecting party or attorney who may be directly involved with the proceeding and anyone else you deem necessary should receive notice. 2. "All Creditors" means: Everyone on the mailing matrix, parties in interest, plus any other attorney or objecting party who is not listed but might be a party in interest. 3. If the United States, other than a United States trustee acting as a trustee in a case under title 11, or a debtor is the plaintiff, no fee is required. If a trustee or debtor in possession is the plaintiff, the fee should be payable only from the estate and to the extent there is any estate realized. If a child support creditor or its representative is the plaintiff, and if such plaintiff files the form required by § 304(g) of the Bankruptcy Reform Act of 1994, no fee is required. 4. The plan and the disclosure statement are sent with the notice of disclosure hearing to the debtor, any trustee or committee appointed under the Code, secured creditors, and the

Securities and Exchange Commission. The notice of disclosure hearing is sent to all creditors, Rule 2002(b). 5. At least 25 days before the confirmation hearing, the following items must be served on all creditors: order approving disclosure statement, notice of confirmation hearing, approved disclosure statement, plan and ballot. These materials will not be mailed by the Clerk's Office.