Free Amended Bankruptcy Rules (effective 12/1/2007) - Texas

AMENDMENTS TO THE FEDERAL RULES OF BANKRUPTCY PROCEDURE Rule 1014. Dismissal and Change of Venue (a) DISMISSAL AND TRANSFER OF CASES. (1) Cases Filed in Proper District. If a petition is filed in the proper district, the court, on the timely motion of a party in interest or on its own motion, and after hearing on notice to the petitioners, the United States trustee, and other entities as directed by the court, may transfer the case to any other district if the court determines that the transfer is in the interest of justice or for the convenience of the parties. (2) Cases Filed in Improper District. If a petition is filed in an improper district, the court, on the timely motion of a party in interest or on its own motion, and after hearing on notice to the petitioners, the United States trustee, and other entities as directed by

2

FEDERAL RULES OF BANKRUPTCY PROCEDURE

the court, may dismiss the case or transfer it to any other district if the court determines that transfer is in the interest of justice or for the convenience of the parties. ***** Rule 3007. Objections to Claims (a) OBJECTIONS TO CLAIMS. An objection to the allowance of a claim shall be in writing and filed. A copy of the objection with notice of the hearing thereon shall be mailed or otherwise delivered to the claimant, the debtor or debtor in possession, and the trustee at least 30 days prior to the hearing. (b) DEMAND FOR RELIEF REQUIRING AN

ADVERSARY PROCEEDING. A party in interest shall not include a demand for relief of a kind specified in Rule 7001 in an objection to the allowance of a claim, but may include the objection in an adversary proceeding.

FEDERAL RULES OF BANKRUPTCY PROCEDURE

3

(c)

LIMITATION

ON

JOINDER

OF

CLAIMS

OBJECTIONS. Unless otherwise ordered by the court or permitted by subdivision (d), objections to more than one claim shall not be joined in a single objection. (d) OMNIBUS OBJECTION. Subject to subdivision (e), objections to more than one claim may be joined in an omnibus objection if all the claims were filed by the same entity, or the objections are based solely on the grounds that the claims should be disallowed, in whole or in part, because: (1) they duplicate other claims; (2) they have been filed in the wrong case; (3) they have been amended by subsequently filed proofs of claim; (4) they were not timely filed;

4

FEDERAL RULES OF BANKRUPTCY PROCEDURE

(5) they have been satisfied or released during the case in accordance with the Code, applicable rules, or a court order; (6) they were presented in a form that does not comply with applicable rules, and the objection states that the objector is unable to determine the validity of the claim because of the noncompliance; (7) they are interests, rather than claims; or (8) they assert priority in an amount that exceeds the maximum amount under § 507 of the Code. (e) REQUIREMENTS FOR OMNIBUS OBJECTION. An omnibus objection shall: (1) state in a conspicuous place that claimants

receiving the objection should locate their names and claims in the objection;

FEDERAL RULES OF BANKRUPTCY PROCEDURE

5

(2) list claimants alphabetically, provide a crossreference to claim numbers, and, if appropriate, list claimants by category of claims; (3) state the grounds of the objection to each claim and provide a cross-reference to the pages in the omnibus objection pertinent to the stated grounds; (4) state in the title the identity of the objector and the grounds for the objections; (5) be numbered consecutively with other omnibus objections filed by the same objector; and (6) contain objections to no more than 100 claims. (f) FINALITY OF OBJECTION. The finality of any order regarding a claim objection included in an omnibus objection shall be determined as though the claim had been subject to an individual objection.

6

FEDERAL RULES OF BANKRUPTCY PROCEDURE

Rule 4001. Relief from Automatic Stay; Prohibiting or Conditioning the Use, Sale, or Lease of Property; Use of Cash Collateral; Obtaining Credit; Agreements ***** (b) USE OF CASH COLLATERAL. (1) Motion; Service. (A) Motion. A motion for authority to use cash collateral shall be made in accordance with Rule 9014 and shall be accompanied by a proposed form of order. (B) Contents. The motion shall consist of or (if the motion is more than five pages in length) begin with a concise statement of the relief requested, not to exceed five pages, that lists or summarizes, and sets out the location within the relevant documents of, all material provisions, including: (i) the name of each entity with an interest in the cash collateral;

FEDERAL RULES OF BANKRUPTCY PROCEDURE

7

(ii) collateral;

the purposes for the use of the cash

(iii) the material terms, including duration, of the use of the cash collateral; and (iv) any liens, cash payments, or other adequate protection that will be provided to each entity with an interest in the cash collateral or, if no additional adequate protection is proposed, an explanation of why each entity's interest is adequately protected. (C) Service. The motion shall be served on:

(1) any entity with an interest in the cash collateral; (2) any committee elected under § 705 or appointed under § 1102 of the Code, or its authorized agent, or, if the case is a chapter 9 municipality case or a chapter 11 reorganization case and no committee of unsecured creditors has been appointed under § 1102, the creditors

8

FEDERAL RULES OF BANKRUPTCY PROCEDURE

included on the list filed under Rule 1007(d); and (3) any other entity that the court directs. ***** (c) OBTAINING CREDIT. (1) Motion; Service. (A) Motion. A motion for authority to obtain credit shall be made in accordance with Rule 9014 and shall be accompanied by a copy of the credit agreement and a proposed form of order. (B) Contents. The motion shall consist of or (if the motion is more than five pages in length) begin with a concise statement of the relief requested, not to exceed five pages, that lists or summarizes, and sets out the location within the relevant documents of, all material provisions of the proposed credit agreement and form of order, including interest rate, maturity, events of default, liens, borrowing limits, and borrowing conditions. If the

FEDERAL RULES OF BANKRUPTCY PROCEDURE

9

proposed credit agreement or form of order includes any of the provisions listed below, the concise statement shall also: briefly list or summarize each one; identify its specific location in the proposed agreement and form of order; and identify any such provision that is proposed to remain in effect if interim approval is granted, but final relief is denied, as provided under Rule 4001(c)(2). In

addition, the motion shall describe the nature and extent of each provision listed below: (i) a grant of priority or a lien on property of the estate under § 364(c) or (d); (ii) the providing of adequate protection or priority for a claim that arose before the commencement of the case, including the granting of a lien on property of the estate to secure the claim, or the use of property of the estate or credit obtained under § 364 to make cash payments on account of the claim;

10

FEDERAL RULES OF BANKRUPTCY PROCEDURE

(iii)

a

determination

of

the

validity,

enforceability, priority, or amount of a claim that arose before the commencement of the case, or of any lien securing the claim; (iv) a waiver or modification of Code

provisions or applicable rules relating to the automatic stay; (v) a waiver or modification of any entity's authority or right to file a plan, seek an extension of time in which the debtor has the exclusive right to file a plan, request the use of cash collateral under § 363(c), or request authority to obtain credit under § 364; (vi) the establishment of deadlines for filing a plan of reorganization, for approval of a disclosure statement, for a hearing on confirmation, or for entry of a confirmation order;

FEDERAL RULES OF BANKRUPTCY PROCEDURE

11

(vii)

a

waiver

or

modification

of

the

applicability of nonbankruptcy law relating to the perfection of a lien on property of the estate, or on the foreclosure or other enforcement of the lien; (viii) a release, waiver, or limitation on any claim or other cause of action belonging to the estate or the trustee, including any modification of the statute of limitations or other deadline to commence an action; (ix) the indemnification of any entity; (x) a release, waiver, or limitation of any

right under § 506(c); or (xi) the granting of a lien on any claim or cause of action arising under §§ 544, 545, 547, 548, 549, 553(b), 723(a), or 724(a). (C) Service. The motion shall be served on: (1) any committee elected under § 705 or appointed under § 1102 of the Code, or its authorized agent, or, if the case

12

FEDERAL RULES OF BANKRUPTCY PROCEDURE

is a chapter 9 municipality case or a chapter 11 reorganization case and no committee of unsecured creditors has been appointed under § 1102, on the creditors included on the list filed under Rule 1007(d); and (2) on any other entity that the court directs. ***** (d) THE AGREEMENT RELATING TO RELIEF FROM AUTOMATIC STAY, PROHIBITING OR

CONDITIONING THE USE, SALE, OR LEASE OF PROPERTY, PROVIDING ADEQUATE PROTECTION, USE OF CASH COLLATERAL, AND OBTAINING CREDIT. (1) Motion; Service. (A) Motion. A motion for approval of any of the following shall be accompanied by a copy of the agreement and a proposed form of order:

FEDERAL RULES OF BANKRUPTCY PROCEDURE

13

(i) protection;

an

agreement

to

provide

adequate

(ii) an agreement to prohibit or condition the use, sale, or lease of property; (iii) an agreement to modify or terminate the stay provided for in § 362; (iv) an agreement to use cash collateral; or (v) an agreement between the debtor and an entity that has a lien or interest in property of the estate pursuant to which the entity consents to the creation of a lien senior or equal to the entity's lien or interest in such property. (B) Contents. The motion shall consist of or (if the motion is more than five pages in length) begin with a concise statement of the relief requested, not to exceed five pages, that lists or summarizes, and sets out the location within the relevant documents of, all material

14

FEDERAL RULES OF BANKRUPTCY PROCEDURE

provisions of the agreement.

In addition, the concise

statement shall briefly list or summarize, and identify the specific location of, each provision in the proposed form of order, agreement, or other document of the type listed in subdivision (c)(1)(B). The motion shall also describe the nature and extent of each such provision. (C) Service. The motion shall be served on:

(1) any committee elected under § 705 or appointed under § 1102 of the Code, or its authorized agent, or, if the case is a chapter 9 municipality case or a chapter 11 reorganization case and no committee of unsecured creditors has been appointed under § 1102, on the creditors included on the list filed under Rule 1007(d); and (2) on any other entity the court directs. *****

FEDERAL RULES OF BANKRUPTCY PROCEDURE

15

Rule 6003. Interim and Final Relief Immediately Following the Commencement of the Case -- Applications for Employment; Motions for Use, Sale, or Lease of Property; and Motions for Assumption or Assignment of Executory Contracts Except to the extent that relief is necessary to avoid immediate and irreparable harm, the court shall not, within 20 days after the filing of the petition, grant relief regarding the following: (a) an application under Rule 2014; (b) a motion to use, sell, lease, or otherwise incur an obligation regarding property of the estate, including a motion to pay all or part of a claim that arose before the filing of the petition, but not a motion under Rule 4001; and (c) a motion to assume or assign an executory contract or unexpired lease in accordance with § 365.

16

FEDERAL RULES OF BANKRUPTCY PROCEDURE

Rule 6006. Assumption, Rejection or Assignment of an Executory Contract or Unexpired Lease ***** (e) LIMITATIONS. to assume or The trustee shall not seek assign multiple executory

authority

contracts or unexpired leases in one motion unless: (1) all executory contracts or unexpired leases to be assumed or assigned are between the same parties or are to be assigned to the same assignee; (2) the trustee seeks to assume, but not assign to more than one assignee, unexpired leases of real property; or (3) the court otherwise authorizes the motion to be filed. Subject to subdivision (f), the trustee may join requests for authority to reject multiple executory contracts or unexpired leases in one motion. (f) OMNIBUS MOTIONS. A motion to reject or, if permitted under subdivision (e), a motion to assume or

FEDERAL RULES OF BANKRUPTCY PROCEDURE

17

assign multiple executory contracts or unexpired leases that are not between the same parties shall: (1) state in a conspicuous place that parties

receiving the omnibus motion should locate their names and their contracts or leases listed in the motion; (2) list parties alphabetically and identify the

corresponding contract or lease; (3) specify the terms, including the curing of

defaults, for each requested assumption or assignment; (4) specify the terms, including the identity of each assignee and the adequate assurance of future

performance by each assignee, for each requested assignment; (5) be numbered consecutively with other omnibus motions to assume, assign, or reject executory contracts or unexpired leases; and

18

FEDERAL RULES OF BANKRUPTCY PROCEDURE

(6)

be limited to no more than 100 executory

contracts or unexpired leases. (g) FINALITY OF DETERMINATION. The finality of any order respecting an executory contract or unexpired lease included in an omnibus motion shall be determined as though such contract or lease had been the subject of a separate motion. Rule 7007.1. Corporate Ownership Statement ***** (b) TIME FOR FILING. A party shall file the

statement required under Rule 7007.1(a) with its first appearance, pleading, motion, response, or other request addressed to the court. A party shall file a supplemental statement promptly upon any change in circumstances that this rule requires the party to identify or disclose.

FEDERAL RULES OF BANKRUPTCY PROCEDURE

19

Rule 9005.1. Constitutional Challenge to a Statute -- Notice, Certification, and Intervention Rule 5.1 F. R. Civ. P. applies in cases under the Code. Rule 9037. Privacy Protection For Filings Made with the Court (a) REDACTED FILINGS. Unless the court orders otherwise, in an electronic or paper filing made with the court that contains an individual's social-security number, taxpayer-identification number, or birth date, the name of an individual, other than the debtor, known to be and identified as a minor, or a financial-account number, a party or nonparty making the filing may include only: (1) the last four digits of the social-security number and taxpayer-identification number; (2) the year of the individual's birth; (3) the minor's initials; and (4) the last four digits of the financial-account number.

20

FEDERAL RULES OF BANKRUPTCY PROCEDURE

(b)

EXEMPTIONS

FROM

THE

REDACTION

REQUIREMENT.

The redaction requirement does not

apply to the following: (1) a financial-account number that identifies the property allegedly subject to forfeiture in a forfeiture proceeding; (2) the record of an administrative or agency proceeding unless filed with a proof of claim; (3) the official record of a state-court proceeding; (4) the record of a court or tribunal, if that record was not subject to the redaction requirement when originally filed; (5) a filing covered by subdivision (c) of this rule; and (6) a filing that is subject to § 110 of the Code. (c) FILINGS MADE UNDER SEAL. The court may order that a filing be made under seal without redaction.

FEDERAL RULES OF BANKRUPTCY PROCEDURE

21

The court may later unseal the filing or order the entity that made the filing to file a redacted version for the public record. (d) PROTECTIVE ORDERS. For cause, the court may by order in a case under the Code: (1) require redaction of additional information; or (2) limit or prohibit a nonparty's remote electronic access to a document filed with the court. (e) OPTION FOR ADDITIONAL UNREDACTED An entity making a redacted

FILING UNDER SEAL.

filing may also file an unredacted copy under seal. The court must retain the unredacted copy as part of the record. (f) OPTION FOR FILING A REFERENCE LIST. A filing that contains redacted information may be filed together with a reference list that identifies each item of redacted information and specifies an appropriate

22

FEDERAL RULES OF BANKRUPTCY PROCEDURE

identifier that uniquely corresponds to each item listed. The list must be filed under seal and may be amended as of right. Any reference in the case to a listed identifier will be construed to refer to the corresponding item of information. (g) WAIVER OF PROTECTION OF IDENTIFIERS. An entity waives the protection of subdivision (a) as to the entity's own information by filing it without redaction and not under seal.