Practice Changes

Practice Changes Under Proposed Local Rules

Proposed Local Rules

Rule 1006-1 Payment of Filing Fee
Rule 1017-1 Clerks Notice of Dismissal
Rule 2003-1 Meeting of Creditors-Continuances and Appearances
  • ECF Event:  Bankruptcy>Notices>Notice Meeting of Creditors and/or Confirmation Hearing Continued (Attorney)
  • 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.
  • Local Form 2 -  Ch. 7 Continued Meeting of Creditors
    •   Templates:  Word     WordPerfect (right click and save WordPerfect file to hard drive)
  • Local Form 2 -  Ch. 13 Continued Meeting of Creditors
    •   Templates:  Word     WordPerfect (right click and save WordPerfect file to hard drive)
Rule 3002-2 Electronic Filing of Claims
  • ECF Event:  Bankruptcy>File 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.
  • Official Form 10 Claim
Rule 3007-1 Objection to Claims
Rule 3015-1 Chapter 13 Plans and Amended Chapter 13 Plans
  • Chapter 13 Plans shall conform, as nearly as practicable, to Local Form 3.
  • Motions to Modify confirmed Chapter 13 Plans shall be made pursuant to the negative notice provisions of LBR 9007-1.
    • ECF Event:  Bankruptcy>Motions/Applications>Rule 9007-1 Motion
  • Amended or Modified Chapter 13 Plans shall indicate conspicuously, by way of underscoring, any provision which is changed from the prior plan.
  • Local Form 3
    • Excel     PDF
      Note: To use Excel file, security level for macros must be set to medium or low.  To change setting, open Excel, click Tools>Macro>Security and change the security level to medium or low
Rule 4001-1  Automatic Stay - Relief From

Ch. 7 Motion For Relief From Stay

Ch. 13 Motion For Relief From Stay
Rule 9007-1 Negative Notice*

* Rule 9007-1 Negative Notice Procedures Apply to the following types of motions:

  • Motion to approve agreements relating to relief from the automatic stay pursuant to Bankruptcy Rule 4001(d).
  • 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).
  • Motions to avoid liens on property pursuant to 11 U.S.C. Section 522(f).
  • Notice of abandonment pursuant to Bankruptcy Rule 6007(a).
  • Motions to approve compromises or settlements pursuant to Bankruptcy Rule 9019(a).
  • Objections to claims of exemptions filed by Trustees pursuant to Bankruptcy Rule 4003(b).
  • Motions to assume or reject executory contracts pursuant to 11 U.S.C. Section 365.
  • Motions to modify confirmed Chapter 13 Plans pursuant to Bankruptcy Rule 3015(g).
  • Motions to redeem personal property pursuant to 11 U.S.C. Section 722.
  • Motions to defer entry of discharge pursuant to Bankruptcy Rule 4004(c)(2), for not more than 30 days.

 

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