Local Bankruptcy Rules
for the
Northern District of Illinois
|
Adopted: 24 June 1994
|
Effective: 11 July 1994
|
Revised: February 1996
|
- Introduction
- Organization
of Rules
- Table
of Contents
- Introduction
These local Bankruptcy Rules are intended to
conform to the following guidelines:
- They should be consistent with Acts of
Congress, the Federal Rules of Bankruptcy Procedure, the Federal
Rules of Civil Procedure.
- They should not repeat any provisions of
Acts of Congress, the Federal Rules of Bankruptcy Procedure, or
the Federal Rules of Civil Procedure.
- They should include all local General
and Civil Rules of general procedural impact, most of which are
presently adopted as local Bankruptcy Rules, so as to keep
practice before the Bankruptcy Court procedurally similar to
practice before the rest of the District Court and to provide
those practicing primarily before the Bankruptcy Court a
convenient single set of those rules specifically relevant to
proceedings before that Court.
- They should allow flexibility and
judicial discretion in case management, and simplicity in
procedures.
- They should conform as much as possible
to present practices and procedures.
- They should provide guidance to counsel
through the Committee
notes following each rule.
Organization
of Rules
Rules 800-899 Reserved
Rules 1000-1099 Reserved
Rules 1200-1299 Reserved for Chapter 12
Rules, if required
Table
of Contents
RULE
100. DEFINITIONS
RULE 101. SCOPE
OF RULES
- A. Scope of Rules
- B. Previous Bankruptcy Rules and General
Orders Rescinded
- C. Application of Local General and
Civil Rules
RULE
200. SEAL OF THE COURT
RULE 201. ACTING
CHIEF JUDGE
RULE 202.
MEETINGS OF THE COURT
RULE 203. RULE
AMENDMENTS AND GENERAL ORDERS
- A. Procedure for Proposing Amendments to
Rules
- B. General Orders
- C. Standing Orders of Individual
Judges
RULE 204. REGULAR
SESSIONS AND PLACES OF HOLDING COURT
- A. Places of Holding Court
- B. Limitation on Holding Court Elsewhere
RULE 205. RECORDS
OF THE COURT
- A. Place of Keeping Records
- B. Copies of Records
RULE 206. PAYMENT
OR DEFERRAL OF FEES IN ADVANCE OF
FILING
- A. Filing Fees to be Paid in Advance;
Exception
- B. Order Permitting Filing Without
Prepayment of Fee
- C. Filing Fees for Documents Other Than
Original Petitions
RULE 207.
SOLICITING AND CAUSING DISTURBANCE
RULE 208. USE OF
PHOTOGRAPHIC, RADIO, AND TELEVISION EQUIPMENT IN THE COURT
ENVIRONS
RULE 209.
ENFORCEMENT OF RULES 207 AND 208
RULE 210. RETURN
OF MAILED NOTICES
RULE 211. RESERVED
RULE 212.
PROTECTION OF COMPUTERS
RULE
300. ASSIGNMENT OF CASES
RULE 301.
IMPOSITION OF SANCTIONS RELATING TO INTERFERENCE WITH THE ASSIGNMENT
SYSTEM
- A. Application of Sanctions to Employees
of the Clerk's Office
- B. Application of Sanctions to Persons
other than Employees
RULE 302.
MATERIALS TO BE FILED IN DIVISION IN WHICH CASE IS
FILED
RULE 303.
REASSIGNMENT
RULE 304.
EMERGENCY JUDGE
- A. Designation of Emergency Judge
- B. Terms of Service of Emergency Judge
RULE 305. DUTIES
OF THE EMERGENCY JUDGE
- A. General
- B. Absence or Unavailability of
Emergency Judge
- C. Posting Notice Identifying Emergency
Judge
RULE 306.
EMERGENCY MOTIONS
RULE 307.
TEMPORARY ABSENCE OR UNAVAILABILITY OF THE ASSIGNED JUDGE
RULE 308. CLASSES
OF MATTERS
RULE 309.
NUMBERING MATTERS
RULE 310.
CALENDARS
- A. General
- B. Calendar of a Judge who Dies,
Retires, or Resigns
- C. Calendar for a Newly-Appointed Judge
RULE 311.
REASSIGNMENTS
- A. Reassignments and Assignment of Cases
by the Chief Judge
- B. Limited Reassignments for Purposes of
Coordinated Pretrials in Complex Cases
- C. Recusals
- D. Temporary Incapacity of a Judge
RULE 312. RELATED
CASES
- A. Relatedness Defined
- B. Assignment of Related Case by Clerk
at Filing
- C. Transfer to Chief Judge for
Reassignment as Related
- D. Motion for Reassignment Based on
Relatedness
- E. Effect of Filing County on
Reassignments for Relatedness
RULE 313.
COMPUTER READABLE LISTS OF CREDITORS
RULE
400. FORM OF PAPERS FILED
- A. Numbering Paragraphs in Pleadings
- B. Size of Paper; Binding; Caption;
Signature, Name, Address, and Phone Number of Person Filing
Pleading
- C. Format of Answers to Interrogatories
- D. Briefs Limited to Fifteen
Pages
- E. Documents Not Complying with Rule
Filed Subject to Being Stricken
- F. Note or Memo Attached to
Subpoena
- G. Limit on Number of Interrogatories
- H. Judge's Copy
RULE 401.
PROCEDURES FOR HANDLING RESTRICTED
DOCUMENTS
- A. Definitions
- B. Clerk to Maintain Secure Filing Area
for Restricted Documents
- C. Order Suppressing Documents
- D. Filing of Suppressed Documents
- E. Docketing Suppressed Documents
- F. Sealed Documents
- G. Disposition of Suppressed Documents
- H. Documents Not Suppressed, Sealed,
etc., are Public
- I. Forbidden Acts and Sanctions
RULE 402.
MOTIONS
- A. Definitions
- B. Fixing the Date of Presentment;
Notice of Presentment
- C. Selection of Dates for Hearings
Required to Be Set by the Court
- D. Date of Filing of a Motion
- E. Notice of Motion; Use of Overnight
Service & Electronic Facsimile Transmission ( FAX );
Certificate of Service
- F. Date of Request to Modify Stay under
11 U.S.C. §362
- G. Copies of Motion to be Delivered to
Clerk
- I. Disposition of Motion for Failure to
Prosecute
- J. Copies of Motion Exhibits to Be
Served
- K. Motions for Discovery and Production;
Statement of Efforts to Reach an Accord
- L. Minute Order Forms and Orders to be
Presented with Motions
- M. Motions for Summary Judgment; Moving
Party
- N. Motions for Summary Judgment;
Opposing Party
- O. Briefing Schedule; Copies and Service
of Memoranda; Oral Argument
- P. Disposition of Motion Following
Failure to File Supporting or Answering Memorandum
- Q. Request for Decision; Request for
Status Report
- R. Clerk's Processing of Motions and
Applications
- S. Service of Copies of Orders
RULE 403. ROUTINE
AND UNCONTESTED MOTIONS
- A. Routine Motion or Application Defined
- B. Identifying Routine Motions or
Applications; Proposed Order; Ruling Without Hearing
- C. Order of Calling Routine Motions or
Applications; Request for Hearing
- D. Uncontested Motion
- E. Identifying Uncontested Motions;
Proposed Order
- F. Judge May Rule on Uncontested Motion
Without Hearing
- G. Procedure Where Judge Declines to
Grant Routine Motion or Application or Uncontested Motion
- H. Requirements of Notice Not Affected
- I. Individual Judge May Adopt Other
Practices
RULE 404.
CONTINUANCES
RULE 405.
FACSIMILE SIGNATURES
RULE 406.
DISCOVERY MATERIALS
- A. Definition of Discovery
Materials
- B. Discovery Materials Not to Be Filed
Except By Order
- C. Use of Depositions in Open Court
- D. Clerk to Open Depositions
- E. Discovery by Agreement
RULE 407.
STRIKING OR DISMISSING FOR WANT OF
PROSECUTION
RULE 408.
SURETIES ON BONDS
- A. Security For Bonds
- B. Affidavit of Justification
- C. Restriction on Sureties
- D. Bond Must Be Approved by Judge or
Clerk
RULE 409.
APPROVAL OF BONDS BY THE CLERK
RULE 410.
SUPERSEDEAS
- A. Supersedeas where Judgment for a Sum
Certain
- B. Condition of Bond; Satisfaction
RULE 411.
INVESTMENT OF FUNDS DEPOSITED IN THE REGISTRY ACCOUNT OF THE
COURT
- A. Clerk to Maintain Registry Account
- B. Orders Requiring the Investment of
Funds by the Clerk
- C. Service of Orders Relating to the
Investment of Funds
- D. Time Period for Depositing Funds
RULE 412.
Transfers and Remands of Cases
- A. Transfers
- B. Remands
- C. Motions for Reconsideration of
Transfer and Remand Orders; Extension of Time to File
RULE 413.
SATISFACTION OF JUDGMENT AND DECREES
RULE 414. CUSTODY
OF EXHIBITS; WITHDRAWAL OF FILED
DOCUMENTS
- A. Retention of Exhibits
- B. Exhibits Subject to Orders of Court
- C. Removal of Exhibits
- D. Records in Custody of Clerk
- E. Receipt for Withdrawal of Exhibits
RULE 415.
DEPOSITIONS AND OTHER SUBPOENAS TO COURT PERSONNEL AS
WITNESSES
RULE 416. CLERK
NOT TO ENTER DEFAULT JUDGMENTS
RULE 417.
TAXATION OF COSTS
- A. Time for Filing Bill of Costs
- B. Costs of Stenographic
Transcripts
- C. Bond Premiums
RULE 418.
PUBLICATION OF DAILY CALL
RULE 419.
SECURITY FOR COSTS
RULE 420. REMOVAL
OF CASES FROM STATE COURTS
- A. Removal Notice to Be Filed With Clerk
of This Court
- B. Copy of Record to Be Filed With Clerk
in 20 Days
RULE 421. COUNSEL
FEES ON TAKING DEPOSITIONS AT DISTANT PLACES
RULE 422. REQUEST
TO BE ADDED TO NOTICE LIST
- A. Notice, Motion, and Draft
Order
- B. Content of Motion
RULE 423.
PRETRIAL PROCEDURE
- A. Application of Automatic Provisions
of Fed.R.Bankr.P. 7026
- B. Disclosure of Insurance
Agreements
RULE 424. PROOF
OF SERVICE OF PAPERS
RULE 425.
PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW
RULE 426. JURY
TRIALS BEFORE BANKRUPTCY JUDGES
RULE 427. RESERVED
RULE 428.
PRETRIAL ORDERS
RULE 429. RESERVED
RULE 430. RESERVED
RULE 431. RESERVED
RULE 432.
TRANSMITTAL TO THE DISTRICT COURT OF PROPOSED FINDINGS OF FACT AND
CONCLUSIONS OF LAW IN NON-CORE PROCEEDINGS
RULE 433. AGREED
ORDERS TO EXTEND TIME UNDER §§522, 523, or
727
RULE
500. TRUSTEEíS DEPOSIT OF FUNDS IN INTEREST BEARING ACCOUNTS
RULE 501.
DEFERRAL OF FILING FEES DUE FROM TRUSTEE
RULE 502. NOTICE
REQUIREMENTS FOR DISMISSAL OF PROCEEDINGS TO DENY OR REVOKE
DISCHARGES
RULE 503.
AUTHORIZATION TO DISBURSE SMALL EXPENSES WITHOUT PRIOR
ORDER
RULE
600. APPEARANCE OF ATTORNEYS
RULE 601.
REPRESENTATION BY SUPERVISED SENIOR LAW STUDENTS
RULE 602.
APPEARANCE BY ATTORNEYS NOT MEMBERS OF THE BAR
(Pro Hac
Vice)
RULE 603.
DESIGNATION OF LOCAL COUNSEL FOR SERVICE
RULE 604.
APPEARANCES
- A. Appearance Forms; Appearances by
Firms Prohibited
- B. Appearance of Attorney for Debtor;
Adversary Proceedings
- C. Appearance by United States Attorney
or United States Trustee
RULE 605.
WITHDRAWAL, ADDITION, AND SUBSTITUTION OF COUNSEL
RULE 606. COURT
APPOINTED COUNSEL
RULE 607.
APPLICATIONS FOR COMPENSATION AND REIMBURSEMENT FOR PROFESSIONAL
SERVICES
- A. Applications
- B. Narrative Summary
- C. Detailed Statement of Services
- D. Privileged Information and Work
Product
- E. Failure to Comply
- F. Other Applications, Modifications, or
Waivers
RULE 608. RULES
OF PROFESSIONAL CONDUCT
RULE
700. SURPLUS ESTATES
RULE 701. MOTIONS
OF PARTIES TO DISMISS CHAPTER 7 PROCEEDINGS
- A. Procedure Generally
- B. Date of Presentment
- C. Notice of Motion to Dismiss to be
Sent by Clerk
RULE
900. ASSIGNMENT OF JUDGE IN CHAPTER 9 PROCEEDINGS
RULE
1100. DISCLOSURE STATEMENTS
RULE 1101.
COUNTING CONFIRMATION BALLOTS IN CHAPTER 11 CASES
RULE 1102.
NOTICE TO CLOSE CASE OR ENTER FINAL DECREE
RULE 1103.
CLAIMS DOCKETS
RULE
1300. CONVERSION FROM CHAPTER 13 TO CHAPTER 7
RULE 1301.
COPIES OF ORDERS
RULE 1302.
CLAIMS AND CLAIMS REGISTERS
RULE 1303.
NOTICES SENT BY CHAPTER 13 TRUSTEES
- A. Standing Trustee to File Certificate
of Service With Clerk
- B. Payment of Costs to Standing Trustee
of Mailing Notices
RULE 1304.
NOTICE OF MOTION TO CONVERT ONE JOINT DEBTOR TO CHAPTER 7
RULE
1400. FILING OF MOTIONS FOR WITHDRAWAL OF REFERENCE