RULE 1002-1 PETITION - GENERAL

(a) Rejection of Certain Deficient Petitions. The Clerk may not accept a petition and must reject it if:

(1) the petition is not signed with an original signature;

(2) the party filing the petition neither pays the prescribed filing fee with the petition nor files with the petition an application to pay the required fee in installments, if eligible to do so;

(3) the debtor does not file the master mailing matrix with the petition, unless the debtor files completed Schedules E and F with the petition;

(4) a Chapter 11 debtor does not file the list of twenty (20) largest unsecured creditors with the petition; or

(5) the petition is submitted by a debtor who is not an individual and is not represented by an attorney who is a member of the bar of the District Court.

(6) the petition is submitted by a person who, under either 11 U.S.C. § 109(g) or an order of court, may not be a debtor at the time of the submission of the petition.

(b) Other Deficient Petitions and Papers - Notice of Deficient Filing. The Clerk can issue a notice:

(1) specifying deficiencies -- except those described in Subsection (a) -- in the petition, schedules, and associated papers; and

(2) stating that the petition, schedule or associated papers may be stricken or the case dismissed if the deficiencies are not corrected within five (5) business days after the date of issuance of the deficiency notice.

(c) Verification of Authority to File - Corporations. There must be filed with a corporate debtor's voluntary petition a certified copy of the resolution authorizing the filing of the bankruptcy petition. The resolution must show approval by the corporate body empowered by applicable law to authorize filing a bankruptcy petition.

RULE 1004-1 VOLUNTARY PETITION - PARTNERSHIP

Individuals who sign a voluntary petition for a partnership debtor must file with the petition a signed statement that all general partners join in or consent to the filing of the petition. Not later than two (2) business days after filing the petition, the person or persons who sign the petition must mail a copy of the petition to all general partners and file a certificate of compliance with this requirement.

RULE 1006-1 FILING FEES - INSTALLMENT PAYMENTS

(a) Tender of Payment. The filing fee may be paid in cash or by cashier's check, certified check or negotiable money order made payable to "Clerk, United States Bankruptcy Court." Payment by an attorney's check will be accepted only if the check is drawn on the account of the attorney for the debtor or on the account of a law firm of which the attorney for the debtor is a member, partner, associate or of counsel. The Clerk shall maintain a list of attorneys and law firms whose checks have been dishonored and may refuse to accept the checks of such attorneys or firms.

(b) Payment of Fees in Installments. The Clerk may approve for the Court an application by an individual to pay the filing and administrative fees in installments that proposes a payment plan no less than in accordance with the following schedule:

RULE 1007-1 LISTS, SCHEDULES & STATEMENTS

(a) Chapter 7, 12 and 13 Cases. In a Chapter 7, 12 or 13 case, the debtor must file an original and three (3) copies of the petition, lists, schedules and statements required by Bankruptcy Rule 1007.

(b) Chapter 9 and 11 Cases. In a Chapter 9 or 11 case, the debtor must file an original and six (6) copies of the petition, lists, schedules and statements required by Bankruptcy Rule 1007.

(c) Chapter 13 Plans.  See Local Rule 3015-1.

RULE 1007-2 MAILING LIST OR MATRIX

(a) Matrix Contents. A debtor must file with the voluntary petition a master mailing matrix containing the names and addresses of all creditors, the United States Trustee, the Maryland Comptroller of the Treasury and, if a creditor, and the Internal Revenue Service. In a case under Chapter 11, the debtor must include in the matrix the taxing authority for each county in which the debtor holds an interest in real estate.

(b) Matrix Form. The master mailing matrix must be submitted in the form required by the Clerk.

(c) Supplemental Matrix. The debtor must file a supplemental mailing matrix with any schedule or amended schedule that contains changes in address of an entity entitled to notice or adds the names of entities not listed on the original matrix. The supplemental matrix must conform to the form required by the Clerk.

(d) Verification. The master mailing matrix and any supplemental mailing matrix must be dated and verified. The verification must state that to the best of the affiant's knowledge, information and belief the documents are accurate and correct.

RULE 1009-1 AMENDMENTS TO LISTS AND SCHEDULES

When filing amended schedules that add previously unscheduled creditors, a debtor must follow the following procedures:

(a) Notice to United States Trustee. The debtor must send a copy of the amendment to the office of the United States Trustee and to any trustee appointed in the case.

(b) Notice to Creditors. The debtor must send to each creditor added or whose status is changed by the schedule amendment:

(1) a copy of the amendment;

(2) a copy of the original Order for Meeting of Creditors; and

(3) a copy of each order that establishes or extends a bar date for claims or for complaints to determine the dischargeability of debts.

(c) Certificate of Compliance. The debtor must file a certificate of compliance with this Rule, together with a dated and clearly titled supplemental mailing matrix that includes the names and correct mailing addresses of all newly scheduled creditors.

RULE 1015-1 JOINT ADMINISTRATION/CONSOLIDATION

The estates of spouses filing a joint petition will be deemed consolidated under § 302(b) of the Bankruptcy Code unless otherwise ordered on the motion of a party in interest made within thirty (30) days after conclusion of the meeting of creditors held under § 341 of the Bankruptcy Code.

RULE 1017-1 DISMISSAL OR SUSPENSION OF CASE OR PROCEEDING

The Court may dismiss any case on its own motion for failure of the debtor to file timely a required document, such as the Statement of Financial Affairs, a Schedule, the Statement of Intention under Bankruptcy Code § 521, a matrix or a Chapter 13 Plan. The dismissal may be entered after ten (10) days' notice to the debtor, counsel to the debtor and the United States Trustee and an opportunity for hearing.

RULE 1020-1 CHAPTER 11 SMALL BUSINESS CASES - GENERAL

(a) Election to be Considered a Small Business under § 1121(e) of the Bankruptcy Code. A debtor that is a qualifying small business may elect to be considered a small business under Bankruptcy Code § 1121(e) by filing a written statement of election no later than sixty (60) days after the date of the order for relief or by a later date fixed by the Court, for cause.

(b) Approval of Disclosure Statement.

See Local Rule 3017-1.

PART II

RULE 2002-1 NOTICE TO CREDITORS & OTHER INTERESTED PARTIES

(a) Measuring Period. A debtor, creditor, official committee, and any other party in interest sending a notice of proposed action to other parties in interest must give recipients no less than twenty (20) days from the date of completion of service to file an objection to the action described in the notice, unless the Bankruptcy Rules specifically require a different time or unless otherwise ordered by the Court or these rules.

(b) Content. In addition to the information required by specific notices, notices must contain sufficient information to enable a party in interest to make a reasonably well-informed decision whether to object to the action proposed in the notice. The notice must state (1) by when the objection must be filed and upon whom objections must be served; (2) that the action may be authorized without further order or notice if no timely objection is filed; (3) that the Court, in its discretion, may conduct a hearing or determine the matter without a hearing regardless of whether an objection is filed; (4) that an objection must state the facts and legal grounds on which the objection is based; and (5) the name of the party giving notice or its attorney, together with the address and the telephone number of the party to be contacted if parties in interest have questions regarding the subject of the notice. A notice may not state that an objecting party must attend a court hearing in support of any objection made.

(c) Certificate of Service. A party must file a certificate of service of a notice given under these Rules or the Bankruptcy Rules within five (5) days after completion of service.

(d) Content of Objections. An objecting party must state the authority for the objection either in its filed objection or in an accompanying memorandum of fact and law. An objecting party must certify that copies of the objection and of any supporting memorandum have been sent to the opposing party or parties and their counsel.

(e) Sale Notices.  See Local Rule 6004-1.

(f) Technical Requirements for Notices. A party sending a notice must show the date of completion of service conspicuously on the face of the notice.

(g) Limitation of Notice - Chapter 7. Notices to creditors in cases under Chapter 7 required by Bankruptcy Rule 2002(a) may be limited as provided under Bankruptcy Rule 2002(h) to (1) creditors that hold claims for which proofs of claim have been filed and (2) such other creditors who may file timely claims.

(h) Limitation of Notice - Chapter 11. In Chapter 11 cases, where official committees are appointed and the number of creditors exceeds thirty (30), the following notices can be limited to the debtor, the United States Trustee, the members of all official committees or committee counsel, if appointed, and to those creditors and equity security holders who file and serve on counsel for the debtor a written request for notices:

(1) the proposed use, sale or lease or property of the estate other than in the ordinary course of business;

(2) the hearing on the approval of a compromise or settlement of a controversy -- other than the approval of an agreement pursuant to Bankruptcy Rule 4001(d);

(3) a hearing on an application for compensation or reimbursement of expenses; and

(4) such other notices as the Court orders.

(i) Voluntary Dismissal - Chapter 7 and 11. Notices of a motion by debtor to dismiss a voluntary case under Chapter 7 or 11 must be sent to all parties in interest.

(j) Continued Meetings and Hearings. If a hearing or meeting is continued or rescheduled at the request of a party, or for reason of the failure of a party to appear or comply with applicable law or rules, that party must send notice of the continued or rescheduled hearing or meeting to all creditors and other entities entitled to notice and file a certificate of that notice.

RULE 2007-1 TRUSTEES - CHAPTER 11

(a) Motion to Appoint Trustee or Examiner. In a case under Chapter 11 a party filing a motion for an order to appoint a trustee or an examiner under Bankruptcy Code § 1104(a) or § 1104(c) must comply with Rule 9014.

(b) Election of Trustee.

(1) Request for an Election. A party filing a request to convene a meeting of creditors for the purpose of electing a trustee in a Chapter 11 reorganization case must send a copy of the request to the United States Trustee in accordance with Bankruptcy Rule 5005 within the time prescribed by Bankruptcy Code § 1104(b). Any person appointed by the United States Trustee under Bankruptcy Code § 1104(d) and approved in accordance with subdivision (c) of this Rule will serve as trustee, pending court approval of the person elected.

(2) Manner of Election and Notice. An election of a trustee under Bankruptcy Code § 1104(b) must be conducted in accordance with Bankruptcy Rules 2003(b)(3) and 2006. Notice of the Bankruptcy Code § 1104(b) meeting of creditors must be given in accordance with Bankruptcy Rule 2002. The United States Trustee will preside at the meeting. A proxy for the purpose of voting in the election can be solicited. Only a committee of creditors appointed under Bankruptcy Code § 1102, or any other party entitled to solicit a voting proxy pursuant to Bankruptcy Rule 1006 can solicit a trustee election voting proxy.

(3) Report of Election and Resolution of Disputes.

(c) Approval of Appointment. An order approving the appointment of a trustee elected under Bankruptcy Code § 1104(b) or appointed under Bankruptcy Code § 1104(d), or the appointment of an examiner under Bankruptcy Code § 1104(d), will be made on application of the United States Trustee. The United States Trustee must state in the application the name of the person appointed and, to the best of the applicant's knowledge, all the person's connections with the debtor, creditors, any other parties in interest, their respective attorneys and accountants, the United States Trustee, and persons employed in the office of the United States Trustee. Unless the person has been elected under Bankruptcy Code § 1104(b), the application must state the names of the parties in interest with whom the United States Trustee consulted regarding the appointment. The application must be accompanied by a verified statement of the person appointed stating the person's connections with the debtor, creditors, any other party in interest, their respective attorneys and accountants, the United States Trustee, and any person employed in the office of the United States Trustee.

RULE 2015-1 COMPENSATION BY DEBTOR IN CHAPTER 11

(a) The rate of compensation paid by debtor in possession to its officers, directors or partners shall not exceed the rate of compensation paid to those persons ninety (90) days prior to the filing of the petition, unless otherwise ordered by the Court.

(b) The debtor shall file a statement containing the following information within twenty (20) days after filing a petition in a Chapter 11 case:

(1) a statement specifying the duties and positions of the following:

(A) the debtor, if an individual;

(B) the members of the partnership;

(C) the officers and directors of the corporation, and any other insiders;

(2) the rate of compensation paid to each ninety (90) days prior to and at the time of the filing of the petition; and

(3) the rate of compensation of each as of the time the statement is filed.

RULE 2016-1 COMPENSATION OF PROFESSIONALS

(a) Applications for Compensation by Professionals. Unless the Court orders otherwise, all professionals seeking compensation pursuant to Bankruptcy Code §§ 328, 330, and 331, including attorneys, accountants, examiners, investment bankers and real estate advisors, must prepare and submit their applications for compensation in accordance with the Guidelines attached as Appendix D to these Rules. This Rule applies to cases filed after April 30, 1994.

(b) Disclosure of Compensation. The attorney for the debtor must file a Bankruptcy Rule 2016(b) disclosure statement with the petition. If the debtor's attorney's appearance is entered after the filing of the petition, the attorney must file the Bankruptcy Rule 2016(b) disclosure statement at the time of entry of appearance.

RULE 2070-1 ADMINISTRATIVE EXPENSES

Motions for the allowance or payment of administrative expenses must be served upon the trustee, any committee elected under § 705 or appointed under § 1102 of the Bankruptcy Code or its authorized agent, or in a Chapter 11 case, if no committee of unsecured creditors has been appointed, to those creditors on the list filed pursuant to Bankruptcy Rule 1007(d), the United States Trustee, and to those parties in interest who have filed written requests for notice.

RULE 2072-1 NOTICE TO OTHER COURTS WITH PENDING ACTIONS

The debtor or other party filing a bankruptcy case must promptly send notice of the bankruptcy filing to the following persons:

(a) the clerk of any court where the debtor is a party to a pending civil action and all other parties of record; and

(b) any judge specially assigned to a pending civil action in which the debtor is a party.

The notice must be substantially in accordance with the form entitled "Notice of Filing of Case In Bankruptcy Court," attached as Appendix E to these Rules.

RULE 2081-1 CHAPTER 11 - SCHEDULED CLAIMS

The debtor in a Chapter 11 case must serve on each creditor whose claim is listed on a schedule as disputed, contingent, or unliquidated, notice of that listing within fifteen (15) days after filing the schedule or within fifteen (15) days after adding a disputed creditor to a previously filed schedule. The notice must state that such creditor has the right to file a proof of claim and the failure to do so may prevent the creditor from voting on the plan or participating in any distribution. The debtor must file a certificate of service of the notice within five (5) days of service.

RULE 2081-2 CHAPTER 11 ACCELERATED CASES - CHAPTER 11(a)

(a) Designation of Chapter 11(a) Cases. In a case other than one commenced as a small business case or a single-asset real estate case, the Court, for cause shown, can at any time, with or without without motion or notice, designate a Chapter 11 case for accelerated treatment. A Chapter 11 case designated for accelerated treatment is referred to in these rules as a "Chapter 11(a)" case.

(b) Reconsideration. A party in interest can, at any time, request that the Court reconsider a Chapter 11(a) designation; and the Court, for cause shown, can at any time, with or without motion or notice, rescind a Chapter 11(a) designation.

RULE 3007-1 CLAIMS - OBJECTIONS

(a) Objection. In addition to the service required by Bankruptcy Rules 9014 and 7004(b), an objecting party must serve a copy of the objection and any supporting memorandum and affidavit on the claimant at the address (and in care of the individual) shown on the proof of claim and must certify that service to the Court. The objection must conspicuously state that:

(1) within thirty (30) days after the date on the certificate of service of the objection, the claimant may file and serve a memorandum in opposition, together with any documents and other evidence the claimant wishes to attach in support of its claim, unless the claimant wishes to rely solely upon the proof of claim; and

(2) an interested party may request a hearing that will be held in the Court's discretion.

(b) Adversary Proceeding. This Rule does not apply where an objection to a claim is joined with a request for relief of a kind specified in Bankruptcy Rule 7001 and thereby becomes an adversary proceeding.

(c) Chapter 12 and 13 Cases. In Chapter 12 and 13 cases, an objecting party must attach a copy of the proof of claim to the objection, together with a copy of all attachments thereto.

A Bankruptcy Code § 1111(b) election in a Chapter 11(a) case can be made at any time prior to the conclusion of the confirmation hearing.

RULE 3015-1 CHAPTER 13 PLANS - COPIES, SERVICE

(a) If a debtor files a plan with the petition, the debtor must file: one (1) original plan signed by the debtor or by each debtor in a joint case; one (1) copy for each creditor listed in Schedules D, E, and F; one (1) copy for the Internal Revenue Service if it is a scheduled creditor: one (1) for the Maryland Comptroller of the Treasury; and two (2) additional copies.

(b) If a debtor files an original or an amended plan after the filing of the petition, the debtor must mail a copy of the plan to each creditor, the Internal Revenue Service if it is a scheduled creditor, the Maryland Comptroller of the Treasury, the Chapter 13 trustee, and the United States Trustee; and the debtor must promptly certify the mailing to the Court.

RULE 3015-2 CHAPTER 13 - CONFIRMATION

Debtors and their counsel must attend all scheduled confirmation hearings unless excused by the Chapter 13 trustee or the Court.

RULE 3016-1 CHAPTER 11(a) ACCELERATED CASE PLAN

(a) Time for Filing Plan in Chapter 11(a) Accelerated Case. The Court will set a time by which the Chapter 11(a) debtor must file a plan, no earlier than sixty (60) days after the entry of the order designating the case for accelerated treatment.

(b) Extension of Time. The Court can, with or without motion or notice, extend the time set under section (a) of this Rule for filing a plan.

(c) Failure to File Plan. The failure of a debtor to file a plan within a time set by the Court under section (a) or (b) of this Rule will constitute cause for dismissing the case or converting the case to a case under Chapter 7 pursuant to Bankruptcy Code § 1112(b)(4).

RULE 3016-2 CHAPTER 11(a) ACCELERATED CASE DISCLOSURE STATEMENT

(a) Time for Filing. The Court will set a time by which a Chapter 11(a) debtor must file a disclosure statement, no earlier than sixty (60) days after the entry of the order designating the case for accelerated treatment.

(b) Extension of Time. The Court can, with or without motion or notice, extend any time set under section (a) of this Rule for filing a disclosure statement.

(c) Failure to File Disclosure Statement. The failure of a debtor to file a disclosure statement within a time set by the Court under section (a) or (b) of this Rule will constitute cause for dismissing the case or converting the case to a case under Chapter 7 pursuant to Bankruptcy Code § 1112(b)(3).

(d) Content. The disclosure statement for a Chapter 11(a) plan must include a liquidation analysis and a projected budget that contains plan payments.

RULE 3017-1 DISCLOSURE STATEMENT - SMALL BUSINESS CASES

(a) Conditional Approval. If a qualifying debtor has made a timely election to be considered a small business under § 1121(e) of the Bankruptcy Code, the Court may, on application of the plan proponent, conditionally approve a disclosure statement filed under Bankruptcy Rule 3016. On or before conditional approval of the disclosure statement, the Court will,

(1) fix a time by which the holders of claims and interests can accept or reject the plan;

(2) fix a time for filing objections to the disclosure statement;

(3) set a date for a final approval hearing of the disclosure statement if a timely objection is filed; and

(4) set a date for the confirmation hearing.

(b) Application of Bankruptcy Rule 3017. If a disclosure statement is conditionally approved, Bankruptcy Rules 3017(a), (b), (c), and (e) do not apply. Conditional approval of a disclosure statement is considered approval of the disclosure statement under Bankruptcy Rule 3017(d).

(c) Objections and Final Approval Hearing. Notice of the time set for filing objections and of the disclosure statement final approval hearing must be sent under Bankruptcy Rule 2002. The notice can be combined with notice of the plan confirmation hearing. Objections to the disclosure statement must be filed by such date fixed by the Court, or if no date is fixed, objections must be filed before final approval of the disclosure statement. Objections must be sent to the United States Trustee and served on the debtor, the plan proponent, any committee appointed under the Bankruptcy Code and any other entity designated by the Court. If a timely objection to the disclosure statement is filed, the Court can hold a hearing to consider final approval before or combined with the hearing on confirmation of the plan.

(d) Content. The disclosure statement for a small business case plan must include a liquidation analysis and a projected budget that contains plan payments.

ACCELERATED CASE

(a) Conditional Approval. The Court can conditionally approve a disclosure statement filed by a Chapter 11(a) debtor prior to giving notice of a hearing on the disclosure statement.

(b) Application of Bankruptcy Rule 3017. A disclosure statement conditionally approved by the Court can be sent to creditors and equity security holders under Bankruptcy Code § 1125(c) and Bankruptcy Rule 3017(d)(2) and can be used to solicit acceptances or rejections of a plan under Bankruptcy Code § 1125(b).

(c) Objections. Objections to Chapter 11(a) disclosure statements must be filed and served on the debtor, the plan proponent, any committee appointed under the Bankruptcy Code and any other entity designated by the Court, at least two (2) days before final approval of the disclosure statement, or by an earlier date set by the Court.

(d) Disclosure Statement Final Approval. If no objection to or request to modify the Chapter 11(a) disclosure statement is timely filed, the conditional approval of the disclosure statement becomes final at the plan confirmation hearing.

(e) Disclosure Statement Objections Hearing. An objection to or request to modify the Chapter 11(a) disclosure statement will be considered at the confirmation hearing held under Bankruptcy Code § 1128(a) and Bankruptcy Rule 3020(b).

(f) Disclosure Statement Amendment. If the Court determines that a disclosure statement should not be approved in its current form, the debtor can amend the disclosure statement and the Court can conditionally approve the amended disclosure statement which the debtor will then send to creditors. In that event, the Court may continue the confirmation hearing and set new dates for filing objections to confirmation and for filing plan acceptances or rejections.

RULE 3018-1 BALLOTS - VOTING ON PLANS

(a) Tally. The tally of ballots in Chapter 11 cases must be filed with the Clerk no later than the third business day prior to the confirmation hearing. The tally must substantially conform to the form prescribed by the Court and available from the Clerk.

(b) Disputed Claims. A creditor will have the right, if demanded in a timely response to an objection to its claim, to a hearing on temporary allowance of its claim for the purpose of accepting or rejecting a plan.

(a) Fully Administered Plan. A Chapter 11 plan will be deemed fully administered under Bankruptcy Rule 3022:

(1) after the completion of the following:

(A) six (6) months have elapsed after the entry of a final order of confirmation that has become nonappealable;

(B) the deposits required by the plan have been distributed;

(C) the property proposed by the plan to be transferred has been transferred;

(D) the debtor or the successor of the debtor under the plan has assumed the business or the management of the property dealt with by the plan;

(E) payments under the plan have commenced; and

(F) all motions, contested matters, and adversary proceedings have been finally resolved; or

(2) at another time specifically defined by the plan.

(b) Certification. A proponent of a confirmed plan that is fully administered must file forthwith a certification of full administration. The certification must include a final summary report of the disbursements, distributions, and transfers that have been made pursuant to the plan, together with a description of other acts taken to consummate the plan. The certificate must also describe any matters involving consummation of the confirmed plan that have not been fully resolved.

(c) Final Order. The plan proponent must file with the Court and serve on the U.S. Trustee an application for a final order closing the case with the certificate of full administration.

(d) Progress Reports - The plan proponent shall file and serve on the U.S. Trustee reports of progress towards full administration of the plan until the proponent files a final certification and report. The first report must be filed six (6) months after the order of confirmation. Subsequent reports must be filed every six (6) months thereafter.

RULE 3070-1 CHAPTER 13 - SPECIAL PROCEDURES

(a) Payments to Secured Creditors. After the filing of a petition in a case under Chapter 13, and regardless of any provision in a proposed plan, the debtor must continue to make the regular payments as and when due on debts secured by property to be retained by the debtor. The Court can modify this requirement on motion.

(b) Modification of Secured Claims. In plans providing for modification of secured claims by the payment of the value of the collateral under a plan, the trustee will credit debtor for the amount paid under subparagraph (a) above. After confirmation of the plan, the debtor shall document the postpetition payments made. The secured claim will be reduced by the amount of the payments made.

(c) Trustee Expenses and Clerk's Fees. Upon dismissal or conversion of a Chapter 13 case, any funds that the trustee holds in a case will be charged for the trustee's allowed expenses and any outstanding Clerk's fees.

RULE 4001-1 AUTOMATIC STAY - RELIEF FROM

(a) Order Directing Course of Proceeding. Upon the filing of a motion for relief from stay pursuant to § 362(d) of the Bankruptcy Code, the Court will issue an Order Directing Course of Proceeding that will set the time of hearing on the motion.

(1) The moving party must serve the Order upon the persons entitled to notice of the hearing under Bankruptcy Rules 4001(a), 7004, and 9014 within five (5) business days after the date of the Order Directing Course of Proceeding.

(2) The moving party must file a certification of service of the Order within five (5) days after completion of service.

(b) Responses to Motions for Relief from Automatic Stay.

(1) Time for Filing Response. A response must be filed within seventeen (17) days after the date of the Order Directing Course of Proceeding. If a timely response is not filed, the Court may grant the relief requested by default.

(2) Form. The response must include detailed responses to each paragraph of the motion in conformity with Federal Rules of Civil Procedure 8(b) and (d) and state all defenses to the motion.

(3) Responses by Standing Chapter 12 and 13 Trustees. Standing Chapter 12 and Chapter 13 trustees are not required to respond to motions for relief from stay.

RULE 4002-1 CURRENT ADDRESS AND TELEPHONE NUMBER OF DEBTOR

(a) Address of Debtor. All debtors must maintain a statement of current address with the Clerk. This obligation continues until the case is closed.

(b) Debtor's Telephone Number. Debtors proceeding in proper person must maintain a statement of the debtor's current telephone number with the Clerk. This obligation continues until the case is closed.

RULE 4003-1 OBJECTION TO CLAIM OF EXEMPTIONS

Required Notice to Debtor. An objection to the list of property claimed as exempt must contain conspicuous notice that:

(a) any opposition to the objection must be filed and served within thirty (30) days after the date of the certificate of service of the objection; and

(b) a hearing will be held on the objection at the discretion of the court.

RULE 4003-2 MOTIONS TO AVOID LIENS

(a) Issuance of Order Directing Course of Proceeding. Upon the filing of a motion to avoid a lien under Bankruptcy Code § 522(f), the Court will issue an Order Directing Course of Proceeding.

(b) Service of Order Directing Course of Proceeding. Within five (5) business days after the date of the Order Directing Course of Proceeding, the moving party or counsel must serve a copy of the Order, together with the motion, on the respondent(s), counsel for respondent(s), and any trustee. Service shall be in accordance with Bankruptcy Rule 7004.

(c) Certificate of Service. Within five (5) days after completion of service of the order and motion, the moving party or counsel for the moving party must file a certificate of service.

(d) Responses to Motion to Avoid Lien - Time for Filing. Any responsive pleading or objection to a Bankruptcy Code § 522(f) motion must be filed within thirty (30) days after the date of the Order Directing Course of Proceeding.

(e) Resolution of Motion to Avoid Lien. The Court can grant or deny the relief sought in a motion without a hearing.

In an adversary proceeding where a claim is made under § 523(a)(15), plaintiff shall file with the complaint (1) copies of the order, agreement, or any other document relied upon as the source of the obligation, and (2) a financial statement in the form annexed as Appendix F to these Rules. Defendant shall file with the answer to the complaint a copy of the financial statement using the same form. The parties have a continuing obligation to update the financial statements during the pendency of the adversary proceeding.

PART V

RULE 5001-1 COURT ADMINISTRATION - LAPSE IN APPROPRIATIONS

This Rule will become effective only when Congress fails to enact legislation to fund operations of the United States Courts. The Anti-Deficiency Act, 31 U.S.C. § 1515, limits permissible government activities in the event of such a failure to those otherwise "authorized by law" or those needed to meet "cases of emergency involving the safety of human life or the protection of property."

This Court is directly involved in the judicial process and under the Constitution and laws of the United States, it is always open to exercise the judicial power of the United States as a unit of the District Court. Thus, the Court must continue, even in the absence of funding by Congress, to receive new cases, and to hear and dispose of pending cases. Activities will, however, be limited as nearly as practical to those functions necessary and essential to continue the resolution of pending cases. The Court will advise the United States Marshal and the General Services Administration of the level of building and security services necessary to maintain such Court operations.

The Court finds that Judges' staffs and the Clerk and the Clerk's staff are persons essential to the continuation of court operations. Work of all personnel shall be limited to those essential functions set forth above.

RULE 5001-2 CLERK - OFFICE LOCATION/HOURS

(a) Office Hours. The office hours of the Clerk in the Greenbelt and Baltimore Divisions shall be from 8:00 a.m. to 4:00 p.m. on all days, except Saturdays, Sundays, and holidays observed by the United States District Court for the District of Maryland.

(b) "Night Box". A "night box" is located in the lobby of each of the United States Courthouses in Baltimore and in Greenbelt. Bankruptcy petitions, pleadings and other papers may be placed in the night box for filing after regular office hours and until the Courthouse is closed. The night box is intended as an after-hours convenience, and it is not intended as an alternative for filing papers during regular office hours. Petitions, pleadings and other papers deposited in the night box will be "date stamped" as of the business day prior to the earliest retrieval each day. When a Courthouse is closed, arrangements may be made for emergency filings by contacting a designated court representative. The names of the designated court representative are posted on each night box and on notice boards in the divisional offices.

(c) Division of Business. The division of business for the United States Bankruptcy Court for the District of Maryland is as follows:

(1) Cases originating in Allegany, Calvert, Charles, Frederick, Garrett, Montgomery, Prince George's, St. Mary's, and Washington Counties are assigned to the Greenbelt Divisional Office, 300 U.S. Courthouse, 6500 Cherrywood Lane, Greenbelt, Maryland, 20770.

(2) Cases originating in Baltimore City and Baltimore, Anne Arundel, Caroline, Carroll, Cecil, Dorchester, Harford, Howard, Kent, Queen Anne's, Somerset, Talbot, Wicomico, and Worcester Counties are assigned to the Baltimore Divisional Office, 8515 U.S. Courthouse, 101 West Lombard Street, Baltimore, Maryland, 21201.

RULE 5003-1 COURT PAPERS - REMOVAL OF

(a) Removal, Copies. Except as provided in this Rule, no Court record or paper filed in or connected with a case can be taken out of the Clerk's office without a Court order. The Clerk will arrange for the duplication of any unrestricted Court paper on the request of any person and prepayment of the cost thereof.

(b) Claims. With prior consent of the Clerk, trustees can remove that portion of a file containing proofs of claim from the Clerk's office.

(c) Chapter 12 and 13. In Chapter 12 and 13 cases, the Clerk may designate the trustee to maintain the claims record and to hold the original proofs of claim for the Clerk. The trustee must return forthwith the proofs of claim upon closing, conversion or dismissal of the case.

RULE 5005-1 FILING PAPERS - SIZE OF PAPERS

Pleadings, exhibits to pleadings where practicable, and other papers must be legible and must be on 8-1/2 x 11 inch paper. All papers (other than the mailing matrix) must be punctured by a standard two-hole punch centered along the top margin.

RULE 5011-1 ABSTENTION

(a) Adversary Proceeding. In an adversary proceeding, a motion for abstention pursuant to 28 U.S.C. § 1334(c), must be filed within the time prescribed for filing an answer under Bankruptcy Rule 7012(a).

(b) Contested Matter. In a contested matter, a motion for abstention pursuant to 28 U.S.C. § 1334(c) must be filed within thirty (30) days from the date indicated on the certificate of service on the pleading initiating the contested matter.

RULE 5071-1 MOTIONS FOR POSTPONEMENT/CONTINUANCES

(a) Court Order Required. A Court order is required for any postponement of a hearing, pretrial conference, or trial.

(b) Notice to Client and Other Parties. A motion for a postponement of a hearing, pretrial conference, or trial may not be made without the knowledge of the client of counsel moving for the postponement. Notice of such motion, together with the reasons therefor, must be given to all other parties or their counsel before filing unless such notice is waived.

(c) Conflicting Engagement. A motion for a postponement of a hearing or trial on the grounds of a conflicting engagement must be filed within ten (10) days after the date such conflict became apparent. There shall be attached to the motion written evidence of the conflicting engagement.

(d) Meeting of Creditors. A request for postponement of the meeting of creditors held under Bankruptcy Code § 341 shall be handled as follows:

(1) in Chapter 12 and 13 cases requests shall be made to the standing trustee assigned to the case;

(2) in Chapter 7 cases requests shall be made to the interim trustee; and

(3) in Chapter 11 cases requests shall be made to the Assistant U.S. Trustee assigned to the division of Court where the case is pending.

RULE 5073-1 PHOTOGRAPHY, RECORDING DEVICES AND BROADCASTING

(a) General Prohibition. Unless otherwise ordered by the Court, no court proceeding can be photographed, videotaped, televised, recorded, reproduced, or broadcast in any way except by an official court reporter.

(b) Impounding of Recording Equipment. Except for (1) portable dictating equipment to be used by members of the Bar when inspecting official records, and (2) equipment to be used by official court reporters or official electronic sound recorders, no cameras, recording equipment, or broadcasting equipment may be brought into a courtroom unless otherwise ordered by the Court. Such equipment is subject to being impounded.

(c) Court Reporters. A court reporter, electronic sound recorder, or other person must not use or permit to be used any recording of a Court proceeding on or in connection with any radio or television broadcast.

(d) Penalty. A violation of this Rule may be treated as a contempt of Court. A violator who is a member of the Bar may be subjected to disciplinary action.

RULE 6004-1 SALE OF ESTATE PROPERTY

(a) Sale Notices. Notices of private sale of estate property by the trustee must include the following:

(1) if an appraisal has been performed,

(A) the appraised value of the asset being sold;
(B) the date of the appraisal; and
(C) the name and address of the appraiser;

(2) if no appraisal has been performed, the scheduled value of the asset being sold;
(3) the purchaser's identity;
(4) a full description of any relationship between the purchaser and any party in interest; and
(5) a statement of all consideration paid and to be paid by the purchaser and the payment terms.

(b) Disclosure of Sale Charges. Unless included in the notice of sale, the following charges cannot be paid from a bankruptcy estate in connection with the sale of estate property:

(1) points, loan origination fees, loan enabling fees, or other buyer financing charges for the purchase of property of the estate; and
(2) documentary stamps, transfer taxes, or recording fees.

(c) Sale Without Objection. If no timely written objection is filed, the sale shall be deemed authorized upon expiration of the notice period. This paragraph does not apply to sales free and clear of liens or of interests of persons other than the debtor.

(d) Clerk's Certificate. A party in interest may request a Clerk's certificate that no objection to the notice has been filed. The Clerk will charge a certification fee.

RULE 6006-1 EXECUTORY CONTRACTS - UNEXPIRED LEASES

(a) Notice Required. Parties seeking the assumption, rejection, or assignment of an executory contract or unexpired lease must give notice of the proposed action to the other party to the executory contract or unexpired lease, any official committee, or in the absence of a committee, to the holders of the ten (10) largest unsecured claims taken from debtor's list filed pursuant to Bankruptcy Rule 1007(d) or Schedule F, the trustee, the United States Trustee, and parties requesting notice. The notice must state that the Court may rule upon the request without a hearing if there is no timely request for a hearing.

(b) Motion to Reject a Collective Bargaining Agreement. A party moving to reject a collective bargaining agreement must file the following with the motion:

(1) an affidavit demonstrating compliance with Bankruptcy Code § 1113(b); and

(2) a certificate of service that the moving party has served the motion and affidavit on the authorized representative of the employees covered by the collective bargaining agreement.

RULE 6070-1 TAX RETURNS AND TAX REFUNDS

The provisions of this rule are limited to the Internal Revenue Service and the Maryland Comptroller of the Treasury, Income Tax Division, herein referred to as the "Tax Authorities."

(a) Authority to Make Refunds. Unless otherwise directed by the trustee or the Court, after sixty (60) days have elapsed from the date of the filing of the petition, the Tax Authorities are authorized to make an income tax refund in the ordinary course of business.

(b) Notice to Trustee and Court. It is the duty of the debtor, within five (5) days of receipt of a tax refund or notice of tax assessment or deficiency, to file with the Court and in Chapter 7 cases to send to the trustee a copy of the refund check and transmittal letter, the tax assessment or deficiency notice, and other relevant documents.

(c) Offset; Assessment; Automatic Stay.

(1) The Tax Authorities can offset any refund or overpayment due a debtor against any taxes due the United States or the State of Maryland, provided that the Tax Authority has filed a proof of claim that is not disputed.

(2) The Tax Authorities can assess any tax liability that can be satisfied by offsetting an overpayment when that tax liability has not previously been assessed. The Tax Authorities will send notice of assessment and offset to the debtor prior to or substantially concurrent with the assessment and offset.

RULE 7001-1 TRUSTEES' FILING FEES

Payment of the filing fee for an adversary proceeding filed by a trustee may be deferred pending acquisition of sufficient funds by the trustee to pay such fees in full or pro rata with other expenses of administration.

RULE 7003-1 ADVERSARY COVER SHEET

A party filing an adversary proceeding complaint must file with the Clerk a completed adversary proceeding cover sheet. A party filing a complaint under 28 U.S.C. § 157(b)(5) must file both an adversary proceeding cover sheet and a district court cover sheet.

RULE 7005-1 FILING OF DISCOVERY MATERIALS

Unless otherwise ordered by the Court, a party may not file with the Court either written discovery requests, responses to discovery or depositions (other than as exhibits to motions). A party propounding written discovery or taking a deposition or providing a discovery response must file a notice stating: (a) the type of discovery or response served; (b) the date and type of service; and (c) the person(s) served. Parties must retain the original copies of the discovery materials and make them available for inspection by any other party.

RULE 7012-1 CORE OR NON-CORE MATTERS

(a) Prior to trial a party may move for a ruling that an adversary proceeding is core or non-core. The Court will ordinarily allow adverse parties fourteen (14) days from the service of the motion to file responses. A motion does not postpone any time periods unless ordered by the Court.

(b) At any time before the conclusion of a matter on the merits, a party to a proceeding may file a consent to the entry of a final order by the Bankruptcy Court under 28 U.S.C. § 157(c)(2).

RULE 7016-1 PRETRIAL PROCEDURES

(a) General. The Court can, in any adversary proceeding or contested matter, direct the attorney for a party or a party appearing pro se to appear before it or the Clerk for a preliminary scheduling or pretrial conference pursuant to Bankruptcy Rule 7016.

(b) Notice. The Court will determine the form and manner of notice of a scheduling or pretrial conference. The notice will be sent only to counsel admitted to practice before the District Court, counsel admitted pro hac vice or to parties proceeding pro se.

(c) Pretrial Statement. Pursuant to an order or notice that the Court has directed to all parties to the proceeding or matter, each party will file a pretrial statement with the Court at least three (3) business days prior to the scheduled pretrial conference, with copies sent to all other attorneys of record or parties proceeding pro se. Each party must state the following in its pretrial statement:

(1) a brief statement of facts that the party proposes to prove in support of a claim or defense, together with a list of separate legal theories relied on in support of each claim or defense;

(2) any required pleading amendments;

(3) any pleaded, but abandoned issue;

(4) stipulations of fact, or, if unable to agree, a statement of matters on which the party requests an admission;

(5) the details of the damage claimed or any other relief sought as of the pretrial conference date;

(6) a listing of the documents and records to be offered in evidence by the party at the trial other than those expected to be used solely for impeachment, indicating which documents the party expects to introduce in evidence without the usual authentication;

(7) a listing of the names and specialties of experts that the party proposes to call as witnesses;

(8) statement of a counsel of record that he or she has explored and discussed all reasonable avenues of settlement prior to the pretrial conference; and

(9) any other pretrial relief which the party will request or the Court shall direct.

(d) Pretrial Order. In an order issued at the conclusion of the final pretrial conference, the Court can incorporate one or more of the parties' pretrial statements.

(e) Required Pre-Filing of Exhibits.

(1) Adversary Proceedings and Chapter 11 Lift Stays. In all adversary proceedings and in motions seeking relief from stay in Chapter 11 cases, each party must pre-file all exhibits which that party intends to introduce into evidence, except for exhibits to be offered solely for rebuttal. Each party must include in the pre-filed exhibits any report by an expert whom the party may call as a witness, or if no report has been prepared, an affidavit by such expert as to the expert's direct testimony. The exhibits must be filed within the time limits set in the scheduling order, or order directing course of proceeding. In adversary proceedings, if opposing parties do not file written objections to pre-filed exhibits by the time specified in the scheduling order, the exhibits will be admitted into evidence.

(2) Method of Pre-filing of Exhibits. All pre-filed exhibits must be filed within the time limits set in the scheduling order or order directing course of proceeding by submission of an original and two (2) copies. Each set of exhibits must be bound or affixed together and must have at the beginning an exhibit list identifying each exhibit by number. Each exhibit must be tabbed by exhibit number. An additional copy must be furnished to each other party in the matter.

(3) Size. To the extent possible, all exhibits must be reduced to 8-1/2 by 11 inches.

(4) Failure to Pre-file Exhibits. Exhibits that are not pre-filed as required by this Rule can be excluded from evidence.

(f) Proof of Amount of Claim or Debt.

(1) Required Verified Statement. In all adversary proceedings and all contested matters, any party seeking to prove the amount of any claim or debt must introduce into evidence an affidavit setting forth the amount of the alleged claim or debt, itemized by component, unless the information is contained in a previously filed pleading in the matter and verified pursuant to 28 U.S.C. § 1746.

(2) Exclusive Method of Proof. Direct testimony as to the amount of the debt or claim will be only by introduction of the affidavit, or a verified pleading, unless an objection to the admission into evidence of the affidavit or verified pleading is made. The declarant must be present in the courtroom for cross-examination, or a hearsay objection to the admission into evidence of the affidavit or verified pleading can be granted.

(3) Pre-filing Requirement. In adversary proceedings and Chapter 11 motions for relief from stay, the required affidavit or verified pleading must be pre-filed as an exhibit, in accordance with subsections (f)(1) and (2) of this Rule.

RULE 7026-1 DISCOVERY - GENERAL

(a) Discovery Request Limits. A party may not serve on any other party in a contested matter or an adversary proceeding more than thirty (30) interrogatories, more than thirty (30) requests for production, and thirty (30) requests for admissions, including all parts and sub-parts.

(b) Timely Written Discovery Requests Required. All discovery requests must be made at a sufficiently early date to assure that the time for response expires before any discovery deadlines set by the Court.

(c) Discovery to Proceed Despite Existence of Disputes. Unless otherwise ordered by the Court, a discovery dispute as to one matter does not justify delay in taking or responding to any other discovery.

(d) Discovery Stayed Pending Resolution of Bankruptcy Rule 7012(b)(2) Motion. The filing of a motion pursuant to Bankruptcy Rule 7012(b)(2) stays discovery unless the movant presents matters outside the pleading.

(e) Format of Responses. Responses to discovery must restate each request followed by the answer or a brief statement of the grounds for objection.

(f) Conference of Counsel Required. Counsel must confer concerning a discovery dispute and make good faith attempts to resolve their differences. The Court will not entertain to resolve a discovery dispute unless the moving party has filed a certificate stating:

(1) the date, time, and place of the discovery conference, the names of all persons participating and any unresolved issues remaining; or

(2) the moving party's attempts to hold such a conference without success.

(g) Smoking During Depositions Prohibited. Unless all persons present agree, no one can smoke in a room where a deposition is being taken.

(h) Depositions of Experts. The party taking the deposition of an expert shall pay a reasonable fee for the time spent in deposition and traveling to and from the deposition. The party designating the expert will pay any fee charged by the expert for time spent in preparing for the deposition.

(i) Discovery Guidelines. Discovery Guidelines adopted by the Court and set forth in Appendix B govern the conduct of discovery.

(j) Required Initial Disclosures.

(1) Bankruptcy Rules 7026(a)(1)(A), (B) and (C), 7026(d), and 7026(f) do not apply to (A) adversary proceedings to revoke an Order of Confirmation of a Chapter 11, Chapter 12, or Chapter 13 plan or to revoke a discharge, and (B) contested matters.

(2) Bankruptcy Rule 7026(d) is applicable only in those matters where a meeting of the parties is required.

RULE 7054-1 ALLOWANCE OF COSTS

No costs will be allowed in adversary proceedings in excess of filing fees unless the entitled party files a Bill of Costs within twenty (20) days after the entry of the judgment or order.

RULE 7054-2 ATTORNEYS' FEES

Unless a longer period is fixed by statute or by the Court, motions by a prevailing party for an award of attorneys' fees must be filed within twenty (20) days after the entry of judgment or order.

RULE 7055-1 DEFAULT - FAILURE TO PROSECUTE

(a) Clerk's Notice. If, upon the expiration of six (6) months after the filing of the last pleading, it appears to the Clerk that no significant activity has since occurred in an adversary proceeding or contested matter in which there is no scheduled hearing, the Clerk will send written notice to all parties to the adversary proceeding or contested matter that the proceeding or matter will be denied or dismissed without prejudice unless, within thirty (30) days after the date of the notice, the plaintiff or movant presents good and sufficient cause in writing why the dismissal or denial should not be ordered.

(b) Court Action. If the Court finds the cause sufficient, the Clerk will note the same on the motion or adversary docket and provide notice thereof to the parties. An order of denial or dismissal without prejudice can be entered in any case when there is no response to the Clerk's notice.

PART VIII

RULE 8001-1 APPEALS

See Local District Court Rule 83.19.1.

RULE 9001-1 DEFINITIONS AND RULES OF CONSTRUCTION

(a) Definitions in Bankruptcy Rules. The definitions of words and phrases in Bankruptcy Rule 9001 and the definitions adopted by reference therein apply in these Local Rules.

(b) Rules of Construction. The rules of construction contained in Bankruptcy Code § 102 apply to these Local Rules.

(c) Bankruptcy Code. In these Local Rules, reference to the Bankruptcy Code means title 11 of the United States Code.

(d) Bankruptcy Rules. In these Local Rules, reference to a Bankruptcy Rule or Rules means the Federal Rules of Bankruptcy Procedure.

(e) District Court. In these Local Rules, reference to the District Court means the United States District Court for the District of Maryland

(f) File. Where the word "file" appears in these Local Rules, such filing is to be made with the appropriate divisional office of the Clerk of the United States Bankruptcy Court for the District of Maryland.

RULE 9010-1 PRO SE PARTIES

(a) Who May Appear Pro Se. Only individuals may represent themselves.

(b) Responsibilities of Parties Appearing Pro Se. Individuals representing themselves are responsible for performing all duties imposed on counsel by the Bankruptcy Code, the Bankruptcy Rules, these Rules, and applicable federal or state law.

RULE 9010-2 CURRENT INFORMATION

(a) Duty to Keep Current Information on File. Counsel and parties appearing pro se must file and maintain a statement of current address and telephone number in every case in which such person appears. This obligation is continuing until the case is closed.

(b) Excusable Neglect. Should any person fail to maintain a current address with the Clerk and as a result, either for lack of response or lack of an appearance, the Court enters an order dismissing any affirmative claim for relief or enters a judgment by default or otherwise against such person or such person's client, the failure to maintain a current address shall not be considered excusable neglect.

RULE 9010-3 ATTORNEYS - WHO MAY APPEAR AS COUNSEL

(a) Generally. Except as otherwise provided in this Rule only members of the Bar of the District Court may appear as counsel. Only individuals may represent themselves.

(b) Admission Pro Hac Vice.

(1) The Court can permit any attorney (except a member of the Maryland Bar) who is a member in good standing of the Bar of any other United States Court or of the highest court of any state to appear and participate as counsel in a particular bankruptcy case. Such permission will not constitute formal admission to the Bar of the District Court. An attorney admitted pro hac vice is subject to the disciplinary jurisdiction of the District Court.

(2) A party represented by an attorney who has been admitted pro hac vice must also be represented by an attorney who is a member of the Bar of the District Court.

(3) The application for admission pro hac vice shall be made in the form of Appendix G to these Rules.

(c) Certain Actions Not Requiring Admission. An attorney need not be admitted to the Bar of the District Court in order to file a proof of claim for a client or to file a fee application as principal of a professional group.

(d) Appearance for Obtaining Deposition Subpoenas. It is not necessary for counsel to be admitted to the Bar of the District Court in Order to obtain a subpoena for depositions to be taken in this district for cases pending in other districts. However, an attorney seeking such a subpoena is subject to the disciplinary jurisdiction of the District Court.

RULE 9010-4 WITHDRAWAL OF APPEARANCE OF AN ATTORNEY

(a) When Individuals are Clients. If the client is an individual, appearance of counsel may be withdrawn only with leave of Court and if: (1) appearance of other counsel has been entered or (2) withdrawing counsel files a certificate stating: (A) the name and last known address of the client, and (B) that a written notice has been mailed to or otherwise served upon the client at least five (5) days previously advising the client of counsel's proposed withdrawal and notifying the client either to have new counsel enter an appearance or to advise the Clerk that the client will be proceeding without counsel.

(b) When Clients Are Other Than Individuals. If the client is other than an individual, including corporations, partnerships, unincorporated associations and government entities, appearance of counsel may be withdrawn only with leave of Court and if: (1) appearance of other counsel has been entered or (2) withdrawing counsel files a certificate stating: (A) the name and last known address of the client and (B) that a written notice has been mailed to or otherwise served upon the client at least five (5) days previously advising the client of counsel's proposed withdrawal and notifying the client that it must have new counsel enter an appearance or be subject to dismissal of its case, dismissal of its claims and/or judgment by default on claims against it. If after twenty (20) days of the filing of the motion to withdraw, new counsel has not entered an appearance, and the Court has granted the motion to withdraw, the Court will take appropriate action, including dismissing any affirmative claim for relief asserted by the party or entering a default against the unrepresented party.

RULE 9010-5 ATTORNEYS FOR DEBTORS - DUTIES

(a) An attorney who files a petition in bankruptcy on behalf of a debtor, or who subsequently enters an appearance on behalf of a debtor other than as special counsel approved under Bankruptcy Code § 327(e), will be counsel of record in all matters arising during the administration of the case, such as adversary matters and motions for relief from stay, except as set forth below:

(b) In an individual case commenced under or converted to Chapter 7, representation will continue through discharge and continue as to any matter pending at the time of the discharge. However, an attorney representing an individual debtor may exclude adversary proceedings provided that debtor's written acknowledgement of this limitation is filed with counsel's Bankruptcy Rule 2016(b) Statement;

(c) In a case under Chapter 11, representation of a debtor will continue until the case is closed or dismissed;

(d) In a case under Chapter 12 or 13, representation will continue for the earlier of ten (10) days after the entry of an order of dismissal of the case or ninety (90) days after the entry of an order confirming the debtor's plan;

(e) If a case is converted to a case under another chapter, the rule under the latter chapter governs; and

(f) This rule supersedes all retainer agreements unless otherwise ordered by the Court for cause.

RULE 9011-1 SIGNATURES, FEDERAL BAR NUMBER

This Rule augments Bankruptcy Rule 9011. An individual signing pleadings must state the signer's printed name, post office and business address and telephone number. If the signer is an attorney admitted to practice before the United States District Court for the District of Maryland, the attorney shall include his or her federal bar number as listed on the Attorney Admission List.

Rule 9013-1 MOTIONS PRACTICE

(a) Requirement of Written Motion. All motions must be in writing and filed with the Court, unless made during a hearing or trial.

(b) Procedure for Motions Other Than Motions for Relief from Stay and to Avoid Liens.

(1) All motions must state with particularity the grounds therefor and the relief or order sought. Supplementing Local Rule 9013-3 as to moving parties, responding parties must file with the Court, at the time of filing a response, a proposed order stating the requested disposition.

(2) Parties can file with or append to their motion and memorandum, or to their responsive pleading and opposing memorandum, supporting affidavits or documents establishing the elements of entitlement to the relief sought or any defense.

(3) Any responsive pleading and memorandum in opposition to a motion must be filed within fourteen (14) days from the date of service of said motion.

(4) Except as otherwise provided in the Bankruptcy Code, the Bankruptcy Rules, these Rules or by the Court, a motion can be decided on the pleadings and memoranda filed.

RULE 9013-2 BRIEFS AND MEMORANDA OF LAW

A party must file with each motion a brief memorandum of fact and law entitling the movant to the relief claimed or a statement that no memorandum will be filed and that the movant will rely solely upon the motion.

RULE 9013-3 ORDERS - PROPOSED

All requests for relief, except motions to dismiss or convert, and pleadings initiating adversary proceedings under Bankruptcy Rule 7001 must be accompanied by proposed order. The proposed order must contain a specific title describing the nature and effect of the order. The names and addresses of all counsel or other parties in interest who should receive copies of the order shall be set forth in the lower left-hand corner of the final page of the proposed order or carried over to another page. The chapter of the case shall be stated in the caption.

RULE 9013-4 CERTIFICATE OF SERVICE

(a) Any required certificate of service for a pleading, notice, objection or other paper must be in compliance with Federal Rule of Civil Procedure 5 and applicable provisions of the Bankruptcy Rules.

(b) The certificate shall be placed at the end of the item served and endorsed by an attorney of record, the party's authorized agent or by a party if not represented by an attorney.

(c) The certificate must state:

(1) the date and method of service;

(2) the names and addresses of the persons served; and

(3) if persons are served in a representative capacity, the parties whom they represent.

(d) It is the obligation of an attorney or party that files a pleading to determine every party with a cognizable interest in the pleading that should receive a copy and the current address of each. A certificate of service by an attorney, the attorney's authorized agent, or party constitutes a representation to the court by the attorney and party that all such parties have been served properly. A violation of this paragraph (d) shall be subject to an appropriate sanction.

RULE 9014-1 DISCOVERY

Local Rule 7026-1 applies in contested matters.

RULE 9014-2 DEFAULT AND DISMISSAL FOR NON-PROSECUTION

Local Rule 7055-1 applies in contested matters.

RULE 9015-1 JURY TRIALS

(a) Jury Trials. Federal Rules of Civil Procedure 38, 39, 47-51 and 81(c) - insofar as they apply to jury trials - apply in cases and adversary proceedings except that a demand under Federal Rule of Civil Procedure 38(b) must be filed in accordance with Bankruptcy Rule 5005. Rule 405 (83.21) of the Rules of the District Court also applies in cases and adversary proceedings.

(b) Consent to Have Trial Conducted by Bankruptcy Judge. A party demanding a jury trial must state whether the party consents to have the trials conducted by a bankruptcy judge. Within fourteen (14) days after the filing of a jury demand, each other party must file a statement as to that party's consent to trial by the bankruptcy judge.

RULE 9019-1 SETTLEMENTS AND AGREED ORDERS

(a) Order. Subject to the requirements of Bankruptcy Rule 2002(a)(3), 4001(d), and 9019, when the Court is advised by the moving party that an adversary proceeding or contested matter has been settled, the Court can enter an order dismissing the adversary proceeding or contested matter and providing for the payment of costs. An order of dismissal will be without prejudice to the right of a party to move for good cause to reopen the proceeding or matter within a reasonable time after settlement should have occurred if the settlement is not consummated. Alternatively, the Court, upon notification by counsel that a proceeding or matter has been settled, can require counsel to submit, within ten (10) days, a proposed order providing for the settlement, in default of which the Court can enter judgment or other appropriate order.

(b) Complete Disposition. An order entered pursuant to this rule has the effect of noting the settlement of the entire adversary proceeding or contested matter, including all claims, counterclaims, third-party claims, and cross-claims, unless otherwise stated.

RULE 9029-1 LOCAL RULES - GENERAL

Any judge of this Court can suspend or modify a requirement or provision of any of these Rules in a particular case, adversary proceeding or contested matter on the Court's own motion or on motion of a party.

IN NON-CORE PROCEEDING

When a party has objected to proposed findings or conclusions pursuant to Bankruptcy Rule 9033(b), for the purpose of preparing the record and identifying the issues for the District Court, the parties will follow the procedures set forth in Bankruptcy Rule 8006 by treating the objection(s) as an appeal. The bankruptcy judge may order the designated extract supplemented.

RULE 9036-1 NOTICE BY ELECTRONIC TRANSMISSION

In addition to methods of notice available under the Bankruptcy Rules, notice may be given by hand-delivery or facsimile transmission, except that the Clerk shall not accept for filing any facsimile transmission. All notices given by facsimile transmission shall be followed by hard copy notice mailed by the next business day.

RULE 9070-1 EXHIBITS

(a) Pending Appeal. From the conclusion of a hearing or trial to the expiration of the time within which to file a notice of appeal or, in the event that an appeal is taken, until the transmission of the record to the District Court, the Clerk will retain all documentary exhibits except ones of unusual bulk or weight. Documents of unusual bulk or weight and all non-documentary exhibits will remain in the custody of the attorney presenting them, who (1) will permit inspection of them by counsel for another party for the purpose of preparing the record on appeal, (2) will be responsible for their safekeeping, and (3) if requested, will send them to the appellate court.

(b) Upon Final Termination of Action. Upon the closing of a contested matter or adversary proceeding, the Clerk will send a notice to all counsel advising counsel to remove, within thirty (30) days, all trial and hearing exhibits and all sealed materials that counsel presented at any time during the pendency of the contested matter or adversary proceeding. If a party fails to remove exhibits, the Clerk may return the exhibits and materials to a party, destroy them, or otherwise dispose of them, in the Clerk's discretion.

END
[Back to Table  of Rules]

Return to Top of Page

Return to Rules Directory

Go to Maryland Law.net