Rules for liquidating
The order may be entered immediately if the motion contains a certification that the respondent has agreed to submit to the examination. Within thirty (30) days after an order is entered that determines whether a lien may be avoided, determines the priority or extent of a lien, or resolves an objection to a claim, the debtor must file an amended plan to provide for the allowed amount and priority of the claim, if the allowed amount or priority differs from the claim as stated in the plan. § 1225(a)(7) at least twenty-four (24) hours prior to the time of the hearing. Neither the debtor nor debtor’s counsel need appear at the confirmation hearing if: (1) No objections to the chapter 13 plan have been timely filed or any timely filed objections have been withdrawn; and (2) The Pre-Confirmation Certifications have been filed in conformity with L. Provided, the requirements of this subparagraph may be waived by the court, upon motion for cause. All motions seeking authorization to use cash collateral and all motions for authority to obtain credit - collectively, the "Financing Motions" - must: (1) recite whether the proposed form of order, underlying cash collateral stipulation, or loan agreement contains any provision of the type indicated below; (2) identify the location of any such provision in the proposed form of order, cash collateral stipulation, or loan agreement; and (3) state the justification for the inclusion of such provision: (A) Provisions that grant cross-collateralization protection - other than replacement liens or other adequate protection - to the prepetition secured creditor (i.e., clauses that secure prepetition debt by postpetition assets in which the secured creditor would not otherwise have a security interest by virtue of its prepetition security agreement or applicable law). A trustee or debtor in possession may abandon property by filing a notice of intent to abandon property with the clerk. An attachment to the motion must conform with the requirements of L. See Local Rule 5.4(d) of the Local Rules of the United States District Court for the Middle District of Pennsylvania (). A party who serves a discovery request must retain the original response as its custodian. 9013-1(b) must be filed as an attachment to any motion and other pleading requesting relief in accordance with the procedures set forth in the In any adversary proceeding, each complaint, counterclaim, cross-claim, or third-party complaint must contain a statement that the pleader does or does not consent to the entry of final orders or judgment by the bankruptcy court. If damages cannot be computed from the complaint, they must be assessed at a hearing at which the issues are limited to the amount of the damages. A party who wishes to deposit funds while litigation is pending may move the court to have such funds deposited into the court’s registry account. § 1335 meet the IRS definition of a “Disputed Ownership Fund” (“DOF”), a taxable entity that requires tax administration.(a) Application to Employ Counsel or Other Professionals. 3007-1 was amended effective July 1, 2015, it having been determined that provisions of the prior rule authorizing entry of a default judgment against a claimant on a claim objection if the claimant did not: (1) file an answer; (2) file an amended claim; or, (3) request a hearing, conflicts with provisions of 11 U. , if applicable, at least twenty-four (24) hours prior to the time of the hearing. Debtor must file with the clerk a Pre-Confirmation Certification in conformity with certifying compliance with 11 U. For cases filed on or after October 17, 2005, the debtor must make pre-confirmation adequate protection payments as follows: (a) Adequate Protection Payments to Lessors. Unless service is made electronically through the ECF system, the movant must serve the motion and semi-passive notice upon the persons specified under and L. (B) Provisions or findings of fact that bind the estate or parties in interest with respect to validity, perfection, priority, or amount of the secured creditor’s prepetition lien or debt or the waiver of claims against the secured creditor without first giving parties in interest at least seventy-five (75) days from the entry of the order for relief and the creditors’ committee, if formed, at least sixty (60) days from the date of its formation to investigate such matters. The notice must contain sufficient information to allow parties in interest to make an informed decision regarding whether abandonment of a particular asset is in the best interest of the estate. Certificates of service of discovery materials must not be filed separately with the clerk. The movant must attach a proposed order directing investment, which includes the following: (1) the amount to be invested; (2) mode of deposit (i.e., check, wire transfer). (1) No funds may be sent for deposit in the court’s registry without first obtaining a court order signed by the presiding judge in the case or proceeding. Unless otherwise ordered by the court, interpleader funds shall be deposited in the DOF established within the CRIS and administered by the Administrative Office of the United States Courts, which shall be responsible for meeting all DOF tax administration requirements.If a petition is filed without the required fee, without an application to pay in installments, or without a request for waiver, it is considered deficient and may be dismissed if the fee is not paid within seven (7) days.The court may dismiss a case without further notice if the approved installments are not paid when due. The clerk must accept all pleadings for filing regardless of whether the fee required by the bankruptcy court fee schedule is paid.A motion for an extension of time to file lists, schedules, statements, plans, or other required documents must be filed with the court within fourteen (14) days of the entry of an order for relief or before any previously granted extension expires.If the motion is untimely, the court may deny the motion and dismiss the case.
The clerk will notify the party of the deficiency and the deadline by which the deficiency must be cured. Each petition must be accompanied by the prescribed filing fee, including the miscellaneous fee, unless the petition is accompanied by an application to pay these fees in installments, or for a waiver in accordance with .The debtor is responsible for the accuracy and completeness of the mailing matrix.If debtor’s counsel or a pro se debtor is notified by the Bankruptcy Noticing Center (BNC) that the creditors’ meeting notice was not served on a party because of an incomplete address, counsel or the pro se debtor must notify the clerk in writing of the correct address and must remail the notice to the affected party. An amendment to a voluntary petition, schedule, or statement must be served on any official committee and any affected entity or creditor.The motion must state why the extension is needed and be served on the unsecured creditors’ committee and any examiner if one has been appointed. An objection to an extension of time must be filed within seven (7) days of service of the motion requesting the extension. If a debtor does not receive payment advices, he must file a certification ((a) Mailing Matrix Required.Unless filed electronically through the ECF system, the debtor must file with the petition a master list of creditors and other parties in interest ("mailing matrix") in the form prescribed by the clerk.