SUMMARY OF CHANGES

IN LOCAL BANKRUPTCY RULES

Effective May 1, 1999











RULE 1002-1(a)(3) (AMENDED) - The Clerk will reject a petition if the debtor does not file the master mailing matrix or completed Schedules D, E and F with the petition.

RULE 1002-1(c) (RENUMBERED) - This section has been moved and renumbered. It is now RULE 1007-3.

RULE 1006-1(c) (NEW) - This new rule requires a debtor to pay the filing fee in full if that debtor had a previous case dismissed for failure to pay one or more installments of the filing fees.

RULE 1007-1 (AMENDED) - This rule is changed to reduce the number of copies of the petition, lists, schedules and statements required to be filed under Federal Bankruptcy Rule 1007.

RULE 1007-2(a) (AMENDED) - This rule is changed to delete the requirement of listing the Maryland Comptroller of the Treasury and the Internal Revenue Service on the master mailing matrix unless the entities are creditors. The rule also deletes the necessity for listing the United States Trustee on the master mailing matrix.

RULE 1007-3 (NEW-RENUMBERED) - This is former Rule 1002-1(c).

RULE 1007-4 (NEW) - This rule adds requirements for notice to creditors who are not included on debtor's master mailing matrix filed with the petition. Compliance with subsection (a) may be completed after the issuance of the Notice for Meeting of Creditors.

RULE 1014-1 (NEW) - This rule provides a cross-reference to the Local Rules of the United States District Court for the District of Maryland (Local District Rules) regarding motions for change of venue of Personal Injury Tort and Wrongful Death Claims.



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RULE 1020-1 (DELETED) - This rule on small business cases has been deleted. It was rendered redundant by the enactment of Federal Bankruptcy Rule 1020.

RULE 2004-1 (NEW) - This rule provides for examinations conducted pursuant to Federal Bankruptcy Rule 2004 similar protections to those afforded by Local Bankruptcy Rule 7026-1.

RULE 2007-1 (DELETED) - This rule relating to appointment of Chapter 11 trustees was made redundant by enactment of Federal Bankruptcy Rule 2007-1.

RULE 2072-1 (AMENDED) - This rule requires notice of the filing of a bankruptcy case to the Court and parties in pending actions. The notice shall conform to Local Bankruptcy Form A.

RULE 2081-2 (AMENDED) - Section (c) has been added to provide cross-references.

RULE 3007-1(c) (DELETED) - The requirement that a party objecting to a claim in a case under Chapter 12 or 13 must attach a copy of the proof of claim to the objection has been eliminated.

RULE 3015-1(b) (AMENDED) - Debtor's obligation to serve an original or amended plan has been clarified.

RULE 3017-1 (DELETED) - This rule relating to small business cases has been deleted. It was rendered redundant by the enactment of Federal Bankruptcy Rule 3017-1. Rule 3017-2 now becomes 3017-1.

RULE 3017-2 (RENUMBERED) - This rule has been renumbered as RULE 3017-1. It clarifies the procedure for conditional approval of disclosure statements, objections and hearings in Chapter 11(a) cases.

RULE 3070-1(a)(2) (NEW) - This rule establishes a pro-cedure for modification of the requirement of Rule 3070-1(a)(1) that requires a debtor in a case under Chapter 13 to continue to make regular payments as and when due to holders of secured claims.



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RULE 4001-1 (SUBSTANTIALLY AMENDED) - This rule represents the most substantial change in the Rules. Subsection (f) adopts a default procedure for motions for relief from stay.

The contents of a motion for relief from stay must contain certain basic allegations. The Clerk will maintain a list of dates available for hearings on motions for relief from stay. The movant selects the date that it wishes the matter heard and files its motion, together with the hearing notice, conforming to Local Bankruptcy Form B.

RULE 4003-2 (SUBSTANTIALLY AMENDED) - This rule has been changed in a fashion similar to Rule 4001-1, except that the hearing date is delayed substantially. It recognizes that most such motions are uncontested and that the court is likely to rule before the scheduled hearing.

RULE 4007-1 (AMENDED) - This rule clarifies the procedure for pleadings in dischargeability complaints under § 523(a)(15). The rule identifies Local Bankruptcy Form D as the financial statement required to be filed.

RULE 4008-1 (NEW) - By use of Local Bankruptcy Form E, debtor's counsel may satisfy the requirements of § 524(c) for reaffirmation agreements.

RULE 5001-2 (AMENDED) - The procedures with regard to date-stamping and availability of the "night-box" have been changed. Papers will be "date stamped" as of the date they are deposited. The night-box will NOT be open in the morning before the Clerk's office opens.

RULE 5003-1(c) (DELETED) - The Chapter 12 and 13 Trustees may no longer be designated to maintain the claims records and to hold the original proofs of claim.

RULE 5005-1 (AMENDED) - This rule has been changed to require that original pleadings be marked "original" and copies, such as those presented for certification, be marked "copy."

RULE 5011-2 (NEW) - This rule has been added to provide a cross-reference to Local District Rule 404(A)(2) concerning procedures for withdrawal of a reference to the Bankruptcy Court.

RULE 5071-1(c) (AMENDED) - This section clarifies the court's accommodation of counsel based on prior conflicting engagements.



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RULE 5073-1 (AMENDED) - This change simplifies the prohibition on recording or broadcasting court proceedings.

RULE 6004-1(b) (AMENDED) - The requirement has been added that in sale notices if buyers' premiums are to be collected, they must be disclosed.

RULE 6070-1(a) (AMENDED) - This section changes the authorization to the Internal Revenue Service and the Maryland Comptroller of the Treasury to make refunds before 30 days have elapsed from the conclusion of the meeting of creditors, unless otherwise directed by the Trustee or the court.

RULE 6070-1(c) (DELETED) - This section has been abolished. The Internal Revenue Service and the Maryland Comptroller of the Treasury are no longer excused from seeking relief from the automatic stay to effect a setoff.

RULE 7016-1 (AMENDED) - This rule has been changed in form and for clarification.

RULE 7055-1(b) (AMENDED) - This section has been changed in form.

RULE 9009-1 (NEW) - This rule directs the use of Local Bankruptcy Forms found in Appendix A, with such alterations as may be appropriate.

RULE 9013-4(e) (NEW) - This section requires the movant to review the notice of hearing on the motion prepared by the Clerk and to communicate any deficiency forthwith.

RULE 9015-1 (DELETED/RENUMBERED/AMENDED) - Former Rule 9015(a) was deleted, having been made redundant by Federal Bankruptcy Rule 9015. Former Rule 9015(b), now renumbered, fixes the conclusion of the initial pretrial conference as the time for filing of a statement of consent to have a jury trial conducted by a bankruptcy judge.



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APPENDIX A - LOCAL BANKRUPTCY FORMS (LBF) - The following six Local Bankruptcy Forms are proposed to be adopted and appear in Appendix A:



LBF-A - Notice of Filing of Case in Bankruptcy Court

This form was formerly Appendix E.

LBF-B - Notice of Motion for Relief from Stay and

and Hearing Thereon

This is a new form that replaces the Order Directing Course of Proceeding for motions for relief from stay.

LBF-C - Notice of Debtor(s)' Motion to Avoid Lien

Pursuant to 11 U.S.C. § 522(f) and Hearing

Thereon

This is a new form that replaces the Order Directing Course of Proceeding for motions to avoid lien.

LBF-D - Financial Statement

This form was formerly Appendix F.

LBF-E - Summary of Reaffirmation Agreement

This form was formerly Appendix C. The new form contains modifications.

LBF-F - Motion for Admission Pro Hac Vice

This form was formerly Appendix G. The new form contains modifications.



APPENDIX B - Local District Court Rules with Cross-Reference

This appendix was formerly Appendix A and now contains a cross-reference.



APPENDIX C - Discovery Guidelines

This appendix was formerly Appendix B.



APPENDIX D - Compensation Guidelines for Professionals


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