You are here

Local Rules

Effective 12/2017

NOTE: The Court has adopted Local Rule 3015.1 effective December 1, 2017 (see below).


PART I: COMMENCEMENT OF CASE:
PROCEEDINGS RELATING TO PETITION AND ORDER FOR RELIEF

RULE 1007-1-2: Information Included on Petitions, Schedules, and Creditor Lists

In addition to complying with all other prescribed rules and forms,

  1. All voluntary petitions shall state the debtor's tax identification number or social security number with all but the last four (4) digits of the number redacted. The petition shall also include the debtor’s usual mailing address, including street and number, or post office box number, and zip code;
  2. All creditor lists shall include the creditors' usual mailing addresses, including streets and numbers, or post office box numbers and zip codes;
  3. Form 106D or 206D (Schedule D: Creditors Who Have Claims Secured by Property) shall include information describing the perfection of all security interests; such information shall include, if appropriate, date and place of recording, and document number.

RULE 1007-2: Mailing - List or Matrix

All voluntary petitions for relief under any chapter of the Bankruptcy Code shall be accompanied by a mailing matrix prepared on 8 1/2 by 11 inch paper listing the creditors in a single column in the center of the page using Arial, Times New Roman, or Courier in size 10 typeface at a minimum as in the following example.

EXAMPLE CREDITOR LIST:

First National Bank of Beaumont
P.O. Box 3391
Beaumont, TX 77704

 

George S. Bus Export Inc.
1400 Exchange Building
Buffalo, NY 10984

 

Hansberry's Aplliance Parts Division
400 9th Avenue North
Seattle, WA 98109

PART III: CLAIMS AND DISTRIBUTION TO CREDITORS AND EQUITY INTEREST HOLDERS

RULE 3015-1: Chapter 13 Plan

(a) Form of Plan
For all cases filed on or after December 1, 2017, the initial, amended and modified Chapter 13 plan shall conform to Wisconsin Western Local Form 3015-1.1

(b) Amendments Prior to Confirmation
(1) Form of Amended Plan
If the debtor proposes to amend its original plan, it shall use Wisconsin Western Local Form 3015-1.1 and select the “amended” checkbox on the top center of the first page and provide the information for the numbered amendment.  The sections of the plan that have been changed must be provided using Western Wisconsin Local Form 3015-1.2. All other sections of the Plan that remain unchanged must also be completed.
 

(2) Notice, Motion to Amend Unconfirmed Chapter 13 Plan
A Notice and motion requesting to amend an unconfirmed Chapter 13 plan must be filed and served and shall use Wisconsin Western Local Form 3015-1.2

(3) Service
The amended plan shall be served on all parties entitled to notice, including, but not limited to: the Chapter 13 trustee; and on any party who has entered an appearance in the case or requested notice in the case. The amended plan shall be accompanied by a certificate of service.

(c) Modified Plans After Confirmation
(1) Form of Modified Plan
If the debtor proposes to modify its original plan after confirmation, it shall use Wisconsin Western Local Form 3015-1.1 and select the “modified” checkbox on the top center of the first page and provide the information for the numbered modification.  The sections of the plan that have been changed must be provided using Western Wisconsin Local Form 3015-1.3. All other sections of the Plan that remain unchanged must also be completed.

(2) Notice and Motion to Modify Confirmed Chapter 13 Plan
A Notice and motion requesting to modify a confirmed Chapter 13 plan must be filed and served and shall use Wisconsin Western Local Form 3015-1.3

(3) Service
The modified plan shall be served on all parties entitled to notice, including, but not limited to: the Chapter 13 trustee; and on any party who has entered an appearance in the case or requested notice in the case. The amended plan shall be accompanied by a certificate of service.

PART IV: DISCHARGE HEARINGS AND REAFFIRMATION

RULE 4004-1: Discharge Hearings

No discharge hearing will be scheduled unless the debtor has entered into a reaffirmation agreement of the kind specified in Bankruptcy Code 524(c) and requests a hearing in accordance with 524(d).

RULE 4008-1: Reaffirmation

As to any reaffirmation agreement which may be filed with the Court, the requirement of a hearing as set forth in 524(d) shall be deemed waived unless a party to the agreement specifically requests a hearing or the debtor has filed pro se, in which case a hearing will be scheduled in accordance with 524(c)(6)(A). The hearing must be requested when the agreement is filed with the Court and shall be held within sixty (60) days.

PART VII: ADVERSARY PROCEEDINGS

RULE 7004-1 Service of Process

Registration with the Court for participation in the electronic filing system constitutes (i) consent to electronic service, except with regard to service of a summons and complaint under Fed. R. Bankr. P. 7004 and (ii) waiver of the right to receive notice by first class mail.  Waiver of service and notice by first class mail applies to notice of an entry of an order or judgment under Fed. R. Bankr. P. 9022.