ALMB Local Rules

These rules govern procedures in the United States Bankruptcy Court for the Middle District of Alabama. These Rules shall be cited as the Local Rules for the United States Bankruptcy Court of the Middle District of Alabama, or LBR ___, Bankr. M.D. Ala. These rules shall be construed in a manner so as not to be inconsistent with the Federal Rules of Bankruptcy Procedure. These rules shall become effective on May 1, 2004.

Rule 1002-1 Commencement of Case

(1) A case is commenced by filing with the Clerk:

(a) a Petition using the appropriate Official Form.

(b) a mailing matrix in a format prescribed by the Clerk.

(c) a filing fee, paid in full in accordance with LBR 1006-1, or the first installment together with a motion to pay the filing fee in installments in accordance with LBR 1006-1.

(2) Petitions filed by lawyers who are registered CM/ECF participants shall be accompanied a Declaration re: Electronic Filing of Petition, Schedules & Statements, on Local Form No. 1.

(3) Petitions filed by persons who are not registered CM/ECF participants shall be accompanied by Official Form B 21, Statement of Social Security Number, which shall be maintained by the Clerk in a nonpublic file.

Rule 1005-1 Caption of Petition

Petitions and other papers filed with the Court, except Official Form B 21, shall identify the debtor with the last four numbers of her social security number or employer identification number. The remainder of the numbers shall be redacted.

Rule 1006-1 Payment of Filing Fee

(a) Every petition filed shall be accompanied by a filing fee in the amount prescribed by law. Any petition which is not accompanied with a filing fee paid in full is subject to the installment payment provisions of paragraph (d) below.

(b) Lawyers who are registered CM/ECF participants must pay by credit card or debit card in a manner prescribed by the Clerk.

(d) Petitions which are not accompanied by payment of the filing fee in full shall be made as follows:

(1) Official Form 3, Application to Pay Filing Fee in Installments shall be filed.

(2) The number of installments shall not exceed four and the final installment is due not later than 120 days from the date the petition is filed. Installments are due not less often than every 30 days.

(3) No installment shall be less than $50.00, unless a lesser amount will pay, in full the filing fee.

(4) Motions filed in accordance with this provision are deemed granted unless a party in interest objects or the Court rules to the contrary.

(e) Dismissal of a petition prior to payment in full of the filing fee does not abate the unpaid portion of the filing fee.

(f) The Clerk is not required to accept for filing petitions which do not comply with this rule.

(g) Petitions accepted by the Clerk which do not comply with this rule, or petitions filed in cases where payment is not honored, or is later dishonored, are subject to dismissal upon 3 days written notice given by the Clerk.

Rule 1009-1 Amendments of Petitions, Lists, Schedules and Statements

(a) Amendments to Petitions, Lists, Schedules and Statements may be filed at any time permitted by law and shall be served upon the Trustee and any party affected by the amendment. Amendments to Schedules in cases under Chapter 11 shall be served upon the Bankruptcy Administrator and any party affected by the amendment.

(b) Amendments to Schedule C (Claim of Exemptions) shall be served upon all parties in interest.

(c) If a debtor adds a creditor by way of an amendment to the schedules, any such schedule shall be served upon the creditor together with a copy of the Notice of Commencement of the case. The debtor shall file an amended mailing matrix with any such amended schedule.

(d) If Schedules D, E or F are amended only to add a creditor, the amended schedule need only list the added creditor. A complete amended schedule need not be filed unless a creditor is to be deleted from a schedule.

(e) Amended Schedules shall be filed using the appropriate Official Form prescribed by the Administrative Office and shall be signed and verified by the debtor as required by Bankruptcy Rule 1008.

(f) Proof of service shall be attached to any amended paper filed with the Court under this rule.

Rule 1017-1 Dismissal

(a) The Trustee, the Clerk or the Bankruptcy Administrator may serve notice of dismissal in accordance with the provisions of this Rule. Where a Notice of Dismissal is served pursuant to this rule, and a response is not filed within 20 days of service of the Notice, a case may be dismissed by the Court without further notice or hearing. Notices under this rule shall be served upon each debtor and their attorney of record, if any.

(b) The Clerk may serve a Notice of Dismissal under this rule for:

(1) the failure to file any Schedule or Statement within the time allowed by law or order of this Court.

(2) default in the payment of an installment payment under LBR 1006-1.

(c) The Trustee in cases under Chapter 7 may serve a Notice of Dismissal for the failure of the debtor to appear at a Section 341 meeting of creditors, the failure to service notice or file proof of service of a notice in accordance with LBR 2003-1(b), or the failure to timely serve answers to interrogatories, if permitted under LBR 2003-1(e).

(d) The Trustee in cases under Chapter 12 or 13 may serve a Notice of Dismissal for the failure of the debtor to appear at a Section 341 meeting of creditors, or for a material default in payments under a confirmed Plan, or for the failure to timely commence payments pursuant to 11 U.S.C. § 1326(a)(1).

(e) The Bankruptcy Administrator in cases under Chapter 11 may serve a Notice of Dismissal:

(1) for the failure to appear at a Section 341 meeting of creditors,

(2) for the failure to file reports as required by LBR 2015-1, or

(3) for the failure to appear at a conference scheduled pursuant to LBR 2015-1.

(f) Notices served under this rule shall contain the following notice featured prominently on the first page of the notice:

PURSUANT TO LBR 1017-1, THIS CASE MAY BE DISMISSED, WITHOUT FURTHER NOTICE OR HEARING, UNLESS A RESPONSE IS FILED AND SERVED UPON THE PARTY SERVING THIS NOTICE WITHIN 20 DAYS OF THE DATE OF SERVICE.

Rule 2003-1 Meetings of Creditors–Continuances and Appearances

(a) Meetings of creditors may be continued only upon a showing of good cause.

(b) In cases under Chapters 7 or 13, debtors seeking to continue a meeting of creditors shall first telephone the Trustee and attempt to resolve the matter informally. If the Trustee consents, the meeting of creditors shall be continued, upon two conditions:

(1) The bar date for complaints established pursuant to Bankruptcy Rule 4004(a) is extended to that date which is 60 days after the continued meeting of creditors;

(2) Debtor’s counsel shall mail notice of the continued meeting of creditors to all parties in interest on Local Form 2 and file proof of service not later than 10 days after the date of the initial setting.

(c) A motion to continue a meeting of creditors shall not be filed with the Court unless the debtor, or his counsel, has first attempted to resolve the matter informally. Any motion filed under this provision shall set forth with specificity the attempts made to resolve the matter.

(d) In cases of dire necessity, a personal appearance of a debtor may be excused at a Section 341 meeting, upon the filing of a properly supported motion. Motions based upon the physical or mental condition of the debtor shall be supported by a statement of the debtor’s physician. Motions based upon the inability of a member of the armed services to appear due to his deployment shall be supported by copies of his orders. Motions based upon a debtor’s incarceration shall be supported by copies of a judgment and conviction, or other process of the court which has ordered the incarceration. Mere inconvenience to the debtor is not a sufficient basis to excuse his appearance.

(e) Where a debtor’s appearance has been excused, the debtor shall submit completed interrogatories on a form prescribed by the Bankruptcy Administrator, unless the debtor is physically unable to execute the same, not later than 10 days after the date of the order excusing the debtor’s personal appearance.

Rule 2015-1 Duty to Keep Records, Make Reports–Debtors in Possession

(a) Debtors in Possession, in cases under Chapter 11, shall:

(1) file regular reports as required by the Bankruptcy Administrator,

(2) appear for conferences and produce such documents or other evidence as the Bankruptcy Administrator may require from time to time,

(3) cooperate with the Bankruptcy Administrator,

(4) furnish such information about the operation of the debtor as may be reasonably requested by a party in interest,

(5) file a plan and disclosure statement within 120 days from the filing of the petition, unless the Court extends that period of time, upon a showing of good cause; and

(6) file quarterly fee statements, as provided by 28 U.S.C. Section 1930(a)(6), upon a form and at the times specified by the Bankruptcy Administrator, and pay any fees which have become due.

(b) Counsel for Debtors in Possession shall account for all amounts paid or held as a retainer and shall account for the same as may be required, from time to time, by the Bankruptcy Administrator.

Rule 2016-1 Attorney’s Fees in Cases under Chapter 13

(a) The Court may, from time to time, prescribe a presumptive fee which is allowed attorneys who represent debtors in cases under Chapter 13. Attorneys who request fees in an amount which does not exceed the presumptive fee need not file a motion under Bankruptcy Rule 2016.

(b) If an attorney elects to file an application for attorney’s fees in excess of the presumptive amount, the application shall specify all services performed from the inception of representation.

(d) Upon motion by the Chapter 13 Trustee, the Bankruptcy Administrator, the debtor or upon the Court’s own motion, on notice to the attorney for the debtor, the Court may reduce the amount of the attorney’s fees allowed in any Chapter 13 case, for cause, notwithstanding any provision in any standing order for a presumptive fee.

Rule 2090-1 Attorneys–Admission to Practice

The bar of this Court shall consist of all members of the bar of the United States District Court for the Middle District of Alabama. Local Rule 83.1 of the United States District Court for the Middle District of Alabama is incorporated herein by reference.

Rule 3002-1 Claims for Mortgages on Residential Real Property

(a) In cases under Chapter 13, the holder of a first mortgage secured by residential real property:

(1) need not file a proof of claim for the “regular” monthly payments (i.e. those payments which have not come due as of the date of the petition), in those instances where the Debtor’s plan proposes to make those payments directly to the holder of the first mortgage;

(2) claims for first mortgage delinquencies (i.e. those payments which came due prior to the date of the petition but which have not been paid as of the date of the petition) accruing prior to the petition shall be filed in accordance with Bankruptcy Rule 3002 and shall be calculated separately from the amount due for regular monthly payments.

Rule 3002-2 Electronic Filing of Claims

Any entity which files more than 50 proof of claim forms, amendments of proofs of claim forms, or transfers of claim forms in any calendar year shall file electronically on the Court’s CM/ECF system.

Rule 3007-1 Objection to Claims

(a) Objections to claims shall state with particularity their grounds and the relief sought.

(b) If the objection goes to the substance of the underlying indebtedness, and is not a matter of form or procedure, the objection shall be supported by a declaration or affidavit setting forth the factual basis for the objection. If the objecting party is unable to secure such a declaration or affidavit, it shall explain why and provide a statement, based upon information and belief, as to the factual basis of the objection.

(c) Objections to claims shall contain on the first page, a negative notice legend which is substantially in the following form:

PURSUANT TO LBR 3007-1, THE COURT WILL TAKE THIS OBJECTION UNDER ADVISEMENT AND RULE, WITHOUT FURTHER NOTICE OR HEARING, UNLESS THE CLAIMANT FILES WITH THE COURT, WITH SERVICE UPON THE OBJECTING PARTY, A RESPONSE WITHIN 30 DAYS OF THE DATE OF SERVICE OF THIS OBJECTION.

(d) Objections to claims which fail to comply substantially with this rule are subject to being overruled, without prejudice, without further notice or hearing.

Rule 3015-1 Chapter 13 Plans and Amended Chapter 13 Plans

(a) Chapter 13 Plans shall conform, as nearly as practicable, to Local Form 3.

(b) A Chapter 13 Plan shall be filed with the petition if practicable, but not later than 15 days thereafter, unless the Court approves, for good cause shown, an extension time. If a Chapter 13 Plan is not filed with the petition, the Debtor shall serve copies upon all parties in interest and attach proof of service to any such plan filed at any time other than with the petition.

(c) Amended Chapter 13 Plans, filed prior to confirmation of the initial Plan, shall be served upon the Chapter 13 Trustee and any party in interest who is affected by the amendment.

(d) Motions to Modify confirmed Chapter 13 Plans shall be made pursuant to the negative notice provisions of LBR 9007-1. A motion to modify a confirmed plan shall be served by the moving party upon all parties in interest together with a copy of the Amended Plan. The motion will be taken under advisement and may be granted without further notice or hearing unless a party in interest either timely objects or requests that a Section 341 meeting of creditors be scheduled.

(e) Amended or Modified Chapter 13 Plans shall indicate conspicuously, by way of underscoring, any provision which is changed from the prior plan. All amended or modified plans shall indicate the date conspicuously on the first page of the amended or modified plan.

Rule 3015-2 Objections to Confirmation of Chapter 13 Plans

(a) Objections to confirmation of Chapter 13 Plans shall be filed, in writing, not less than 7 days before the date of the hearing on confirmation of the Plan. Copies of the objection shall be served upon each debtor, counsel for the debtor and the Chapter 13 Trustee. Objections shall state with particularity their grounds.

(b) Objections to motions to modify Chapter 13 Plans after confirmation shall be filed not later than 20 days after service of the motion to modify. Copies shall be served upon each debtor, counsel for the debtor and the Chapter 13 Trustee.

Rule 3015-3 Confirmation Hearings

The Court may dismiss at any scheduled hearing on confirmation of a Chapter 13 Plan, a Chapter 13 case for:

(1) a material default in payments under the Plan,

(2) a material default in any installment payment due pursuant to LBR 1006-1(d),

(3) the debtor’s failure to appear at a meeting of creditors,

(4) the debtor’s failure to file any schedule or statement required by law, or

(5) the debtor’s failure to amend schedules, statements or plans reasonably requested by the Trustee.

Rule 4001-1 Automatic Stay–Relief From

(a) All motions for Relief From the Automatic Stay shall state with particularity the grounds therefor. The moving party shall attach copies of any documents in support of its claim that it has an interest in the debtor’s property. Mortgages on real property shall show the recording information. If the documents are voluminous, the first and last page only should be attached to the motion and filed with the Court. A full copy served, upon any party in interest who makes a request.

(b) Motions for Relief From the Automatic Stay in cases under Chapter 7 shall contain the following legend featured prominently on the first page of the motion:

PURSUANT TO LBR 4001-1, THE MOVING PARTY SEEKS RELIEF FROM THE AUTOMATIC STAY. UNLESS A RESPONSE IS FILED WITH THE COURT, AND SERVED UPON THE MOVING PARTY WITHIN 20 DAYS FROM THE DATE OF SERVICE OF THIS MOTION, THE MOTION MAY BE GRANTED BY THE COURT WITHOUT FURTHER NOTICE OR HEARING.

(c) Motions for Relief From the Automatic stay in cases under Chapter 13 shall include a statement indicating whether or not the moving party will consider an adequate protection agreement:

(1) In those instances where the moving party is willing to consider an adequate protection agreement (or conditional denial order), the motion shall so indicate and shall be served with a form for a proposed order agreeable to the moving party, leaving blank, where appropriate, amounts to be arrived at by way of negotiation or determined upon further factual development. If an agreement is reached by the parties, the moving party shall promptly submit a proposed order to the Court which fairly encompasses the agreement. If it is later determined that an agreement cannot be reached between the parties, the moving party shall move to set the matter for hearing. If neither a proposed order nor a motion to set the matter for hearing is received within 45 days after the filing of the motion for relief from automatic stay, the Court may deny the motion without prejudice. The filing of a motion under this subparagraph shall be deemed a waiver of the 30 day period under 11 U.S.C. § 362(e).

(A) If an agreement reached between the parties includes a provision for payment of a post petition monetary default through the Chapter 13 Plan (a Hoggle amendment) the agreement shall indicate a single amount, which includes both the amount of the prepetition monetary default and the post petition monetary default, without deduction for any amounts paid by the Chapter 13 Trustee.

(B) The parties shall not submit a proposed order to the Court unless they have first obtained a determination from the Chapter 13 Trustee that feasibility of the Plan is not affected. If a proposed agreement makes a Chapter 13 Plan infeasible, the debtor shall promptly seek to amend or modify his plan, as is appropriate to the circumstances.

(2) In those instances where the moving party states, in its motion, that it is not willing to consider an adequate protection agreement, the motion should so indicate and it should bear the negative notice legend set forth in paragraph (b) above.

(A) If a moving party makes a claim of a default in post-petition payments, the motion shall state each period in which a payment was not received.

(B) If the debtor disputes a claim of default in post petition monetary payments, he shall attach proof of payment to his response to the motion.

(C) If the moving party disputes allegations of payments made, it shall serve an accounting for all activity during the post-petition period upon the debtors, or their counsel if they are represented, not later than 7 days prior to the date of the hearing.

(D) If there is a dispute as to the value of collateral, each party shall serve copies of any documents it intends to offer into evidence, upon the opposing party, not less than 7 days prior to the date of the hearing.

(d) Motions for relief from the automatic stay to permit a party in a civil action to pursue its claim against a debtor are granted only to the extent of available insurance coverage, unless the Court specifically orders otherwise after notice and hearing.

(e) Any motion for relief from the automatic stay which fails to comply substantially with this rule is subject to denial, without prejudice, without notice or a hearing.

(f) An objection to a motion for relief from the automatic stay may be overruled, without a hearing, when the allegations contained in the response fail to allege a legally sufficient basis to oppose the motion or where it appears that a response has been filed in bad faith or for the purposes of delay. Well pleaded allegations contained in motions which are not specifically denied, may be deemed admitted.

(g) Notwithstanding the language of any motion filed hereunder:

(1) waivers of the 10 day period under Bankruptcy Rule 4001(a)(3) are not permitted, except pursuant to an agreement among the parties or upon a specific finding made by the Court at a hearing held upon notice to the debtor;

(2) an order granted under this rule shall not operate to waive any right a debtor may have with respect to property under nonbankruptcy law, including the right to notice of sale, notice of disposition of property, or rights of redemption;

(3) relief from the automatic stay granted under this rule shall apply only to the case in which the motion is filed and shall not be operative in any subsequent case.

Rule 4001-2 Automatic Stay, Chapter 13 Cases after Confirmation

After confirmation of the debtor’s plan in a case under Chapter 13, a secured party may take the following action without seeking relief from the automatic stay:

(1) make written inquiry as to the nature, condition or location of the collateral;

(2) send a nonthreatening written notice: of payments due, of changes in the amount of payment due, of changes in the address where payments are to be sent, that an improper amount has been sent, or that a check has been dishonored; or

(3) send a written request for proof of insurance of collateral, if insurance is required under the terms of the contract.

Rule 4001-3 Emergency Motions for Relief From the Automatic Stay

(a) In the event of an emergency, where the moving party needs relief on an expedited basis, the provisions of this rule shall apply.

(b) The title of the motion shall indicate prominently that it is an emergency.

(d) The moving party shall telephone chambers to make the Court aware of the emergency filing and obtain a hearing date.

(e) The moving party shall serve notice of the expedited hearing upon all interested parties at the time the motion is filed, or as soon as practicable thereafter.

(f) Ex parte motions for relief from the automatic stay will be granted only in extraordinary circumstances upon a showing made by affidavit, or otherwise as required by the Court.

Rule 4002-1 Duties of Debtor

(a) In addition to those duties imposed upon debtors pursuant to 11 U.S.C. § 521 and Bankruptcy Rule 4002, debtors in cases filed in this Court shall comply with the requirements of this rule.

(b) All debtors shall bring a picture identification to any scheduled Section 341 meeting of creditors and shall display the same to any party in interest who requests to see it.

(1) Retain proof of payment of all payments made to the Chapter 13 Trustee and proof of all payments made directly to creditors under the terms of a proposed or confirmed Chapter 13 Plan;

(2) Produce proof of any such payment within 10 days of a written request made by the Trustee or any party in interest, without the service of formal discovery or order of the Court;

(3) If a debtor is under a contractual obligation to insure any property, he shall provide proof of insurance within 10 days of the request made by any creditor who holds an interest in any such property;

(4) Bring paystubs for all periods ending within 60 days of the date first set for the Section 341 meeting of creditors;

(5) Bring such other documents reasonably requested by the Trustee to the Section 341 meeting of creditors;

Rule 5005-1 Electronic Filing and Transmittal of Papers

(a) The official records of this Court shall be maintained electronically in accordance with the standards promulgated by the Administrative Office of United States Courts. The Clerk is authorized to publish standards for the electronic filing and transmittal of papers. Papers which have been filed or transmitted in conformance with such standards shall be deemed to be properly filed or transmitted for all purposes. The Clerk may accept “hard copy” or paper filings on an emergency basis, but is not required to do so, except as provided below. The Clerk shall provide and maintain facilities, available to the public, for the scanning of documents to facilitate electronic filing.

(b) The following documents need not be filed electronically, unless the party making the filing is represented by a registered CM/ECF participant:

(1) Responses made by creditors to objections to claims which are subject to the negative notice provisions of LBR 3007-1,

(2) Responses to motions filed pursuant to the negative notice provisions of LBR 9007-1,

(3) Complaints filed pursuant to 11 U.S.C. §§ 523(c) or 727, or

(4) Notices of Appeal filed pursuant to Bankruptcy Rule 8001.

(d) A Bankruptcy Judge may, in his discretion, accept papers filed with him but is not required to do so.

Rule 5005-2 E-Government Act of 2002

Any pleading or paper filed with the Court shall be subject to the following provisions:

(1) Minor children shall be identified only by initials;

(2) Only the year of a child’s birth shall be disclosed;

(3) Only the last four digits of any social security shall be disclosed, except as required in Official Form B 21; and

(4) Only the last four digits of an account number shall be disclosed.

Rule 7003-1 Commencement of Action

An adversary proceeding is commenced by the filing of:

(1) A complaint,

(2) An Adversary Proceeding Cover Sheet on Official Form B 104,

(3) A Summons in an Adversary Proceeding on Official Form B 250A, completed except for the date and the Clerk’s signature and seal, and

(4) payment of the filing fee, if required by law.

Rule 7005-1 Service and Filing of Pleadings and Other Papers

(a) Except as provided by LBR 5005-1, all pleadings and papers shall be filed with the Clerk by electronic means.

(b) Pleadings and papers filed electronically are deemed served upon all CM/ECF participants who are parties to the proceeding, provided that the notice of electronic filing issued by the Clerk indicates that service has been made. Follow up service of a “hard copy” pleading or paper is not necessary unless the acknowledgment of filing does not indicate that service was made.

Rule 7016-1 Conferences of Attorneys

(a) The Court may schedule a pretrial conference in accordance with Rule 16, Fed. R. Civ. P., or in its discretion, may dispense with such a conference and require the filing of a report pursuant to Rule 26(f), Fed. R. Civ. P.

(b) Not later than 14 days prior to date of any scheduling conference set by order of this Court, counsel for the parties shall confer to discuss the matters set forth in Rule 26(f), Fed. R. Civ. P. In Adversary Proceedings which are set for a pretrial conference, the parties need not file a written report as set forth in Rule 26(f), but should be prepared to make an oral report of the matters set forth in that rule, unless otherwise ordered by the Court.

Rule 9006-1 Enlargement of Time to Plead and Continuances of Trials or Hearings

(a) Motions for enlargement of time to file any pleading or paper shall not be filed unless the moving party has first sought the agreement of the opposing parties, if any, and the Trustee if he is a party to the proceeding. The moving party shall certify whether or not the opposing parties have consented to the motion.

(b) Motions to continue trials or hearings shall not be filed unless the moving party has first sought the agreement of opposing parties, if any, and the moving party shall certify whether or not consent was obtained. If consent has not been obtained, the motion shall be supported by an affidavit or declaration setting forth with particularity the reasons for the continuance.

(c) Motions to continue trials or hearings will be granted only upon a showing of good cause. The Court is not bound by the consent of opposing parties and may deny a motion for a continuance notwithstanding the consent of the opposing party.

(d) The additional three days provided by Bankruptcy Rule 9006(f), is allowed if the notice or other paper is served by electronic means.

Rule 9007-1 Negative Notice Procedure

(a) The following motions may be considered by the court without an actual hearing under the negative notice procedure described in this rule. If no party in interest files a written objection stating specific grounds on which the objection is based, then the motion may be taken under advisement by the Court and may be granted without further notice or hearing.

(1) Motions to approve agreements relating to relief from the automatic stay pursuant to Bankruptcy Rule 4001(d).

(2) Motions to use, sell or lease property of the estate pursuant to Bankruptcy Rule 6004(a), but not motions filed under Rule 6004(c)(motions to sell free and clear of liens).

(3) Motions to avoid liens on property pursuant to 11 U.S.C. § 522(f).

(4) Notices of abandonment pursuant to Bankruptcy Rule 6007(a).

(5) Motions to approve compromises or settlements pursuant to Bankruptcy Rule 9019(a).

(6) Objections to claims of exemptions filed by Trustees pursuant to Bankruptcy Rule 4003(b).

(7) Motions to assume or reject executory contracts pursuant to 11 U.S.C. § 365.

(8) Motions to modify confirmed Chapter 13 Plans pursuant to Bankruptcy Rule 3015(g).

(9) Motions to redeem personal property pursuant to 11 U.S.C. § 722.

(10) Motions to defer entry of discharge pursuant to Bankruptcy Rule 4004(c)(2), for not more than 30 days.

(b) Motions filed under this rule shall contain a negative notice legend prominently displayed on the face of the first page of the motion which is substantially in the form, as follows:

PURSUANT TO LBR 9007-1, THIS MOTION WILL BE TAKEN UNDER ADVISEMENT BY THE COURT AND MAY BE GRANTED UNLESS A PARTY IN INTEREST FILES A RESPONSE WITHIN 20 DAYS OF THE DATE OF SERVICE. RESPONSES MUST BE FILED WITH THE CLERK AND SERVED UPON THE MOVING PARTY. RESPONSES MUST BE FILED ELECTRONICALLY WITH THE CLERK OR BY U.S. MAIL ADDRESSED TO THE CLERK OF THE BANKRUPTCY COURT, P.O. BOX 1248, MONTGOMERY, ALABAMA 36102.

Rule 9011-1 Signing of Papers Electronically Filed

(a) Papers submitted by electronic means shall be deemed to have been signed by the authorized participant. The authorized participant may use any reasonable means to indicate his signature on a document signed and filed under this rule, including the /s/ typewritten name convention.

(b) Signatures of persons other than authorized participants on electronically filed documents may be executed as follows:

(1) A hard copy document may be signed by conventional means and scanned to convert it to electronic form and then filed with the Court; or

(2) If the participant does not have the means to scan a hard copy document and convert it to electronic form, a hard copy document may be signed by conventional means and the original shall be maintained by the authorized participant. The electronic document filed by these means shall contain a notation “/s/” above the typed name of the person signing. By filing a document containing a notation “/s/” the authorized participant certifies that he has maintained the document in a manner consistent with this rule. Any document so maintained shall be available to the Court, or any party in interest, for inspection and copying upon reasonable notice and shall be maintained for a period of four years after the closing of the case by the Court.

(c) Authorized participants shall safeguard their passwords to prevent unauthorized use. If an authorized participant obtains knowledge of any unauthorized use of his account, he or she shall immediately notify the Clerk’s Office and any party known to have been served or affected by such unauthorized use.

Rule 9011-2 Signature Blocks

(a) Every pleading or paper filed with this Court shall have a signature block at the end of the text which provides the following information:

(1) The full typewritten name of each person who signed the paper;

(2) At least one complete mailing address;

(3) At least one telephone number and a facsimile (fax) number, if one is available; and

(4) An e-mail address, if available.

Rule 9020-1 Contempt Proceedings

(a) Contempt proceedings shall be brought only where it is alleged that a person has wilfully disobeyed an order of the Court. Proceedings which allege a violation of the automatic stay or the discharge injunction shall be brought by motion or adversary proceeding and not under this rule.

(b) Motions alleging that a person has committed a contempt of court shall be supported by a declaration or affidavit setting forth with specificity the order of court which has been violated and the acts committed in violation of the order.

Rule 9023-1 Motions for New Trials and to Alter or Amend a Judgment

(a) Motions filed pursuant to Bankruptcy Rule 9023 shall state with specificity their grounds. The Court may deny, without a hearing, any motion which does not state legally sufficient grounds.

(b) Motions filed pursuant to Bankruptcy 9023 will not be granted by the Court unless they are set for hearing, or the opposing party or parties are given notice and an opportunity to respond.

Rule 9027 Removal

Any party who removes a civil action or proceeding to this Court shall, within 20 days of filing the notice of removal, file a complete copy of the record.

Rule 9036-1 Notice by Electronic Transmission

(a) Notices required or permitted to be sent by the Clerk shall be sent by electronic means to all parties who are represented by counsel who are CM/ECF participants.

(b) CM/ECF participants shall be deemed to have been served upon entry of electronic confirmation of service.

(c) CM/ECF participants may serve any document required or permitted to be served by electronic means upon other CM/ECF participant. Follow up service by way of a hard copy document is not required.

Frank M. Johnson United States Courthouse Complex
One Church Street
Montgomery, Alabama 36104
334-954-3800