Bankruptcy Court for the Western District of Wisconsin

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Local Rules for U.S. Bankruptcy Court, Western District of Wisconsin.

Revised 12/09


Table of Contents

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

  • Rule 1002-1 Petitions (Number of copies)
  • Rule 1007-1 Chapter 11 Reorganization Case: Lists, Schedules and Statement of Affairs
    • Rule 1007-1-2 Information included on Petitions, Schedules, and Creditor Lists
  • Rule 1007-2 Supplying Creditor Mailing Labels

PART III. CLAIMS AND DISTRIBUTION OF CREDITORS AND EQUITY INTEREST HOLDERS: PLANS

PART IV. DISCHARGE HEARING AND REAFFIRMATIONS

PART V

PART VII

  • Rule 7004-1 Authorization of Electronic Service of Process

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

RULE 1002-1: PETITIONS

(a) Number of copies

(1) Chapter 7 (Liquidation), Chapter 12 (Family Farmer), and Chapter 13 (Adjustment of Debts of an Individual with Regular Income) cases.

An original and one copy of a petition requesting relief under Chapter 7, 12, or 13 of the Bankruptcy Code shall be filed with the court. The Clerk of the Bankruptcy Court shall transmit one copy to the office of the United States Trustee, and shall further transmit one copy of a petition requesting relief under subchapter III of Chapter 7 (Stockbroker Liquidation) to the Securities Investor Protection Corporation and one copy of a petition requesting relief under subchapter IV of Chapter 7 (Commodity Broker Liquidation) to the Commodity Futures Trading Commission.

(2) Chapter 9 (Municipality) cases.

An original and one copy of a petition requesting relief under Chapter 9 of the Code shall be filed with the court. The Clerk of the Bankruptcy Court shall transmit one copy to the Securities and Exchange Commission, one copy to the District Director of Internal Revenue for the district in which the case is filed, one copy to the Secretary of State of the state in which the debtor is located, and one copy to the Secretary of the Treasury.

(3) Chapter 11 (Reorganization) cases.

An original and one copy of a petition requesting relief under Chapter 11 of the Code shall be filed with the court. The Clerk of the Bankruptcy Court shall transmit one copy to the office of the United States Trustee, one copy to the Securities and Exchange Commission, one copy to the District Director of Internal Revenue for the district in which the case is filed, and one copy to the Secretary of the Treasury. If the petition requests relief under subchapter IV of Chapter 11 of the Code, the Clerk of the Bankruptcy Court shall also transmit one copy to the Interstate Commerce Commission and one copy to the Secretary of the Department of Transportation.

(b) Returned File-Stamped Copy

If the filer requests the return of a file-stamped copy of a document, the filer must include with the filing the additional copy together with a self-addressed, stamped envelope for the return of the copy.

RULE 1007-1: Chapter 11 Reorganization Case: Lists, Schedules and Statement of Affairs

List of twenty largest creditors.

The list of twenty largest unsecured creditors required by Bankruptcy Rule 1007 (d) shall include the contact person for each.

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. Schedule D shall include information describing the perfection of all security interests; such information shall include, if appropriate, date and place of recording, and document number.

The Clerk shall examine all petitions, schedules and creditor lists submitted for filing, and may decline to accept for filing any document not in compliance with this Rule.

RULE 1007-2: Supplying Creditor Mailing Labels

All voluntary petitions for relief under any chapter of the Bankruptcy Code shall be accompanied by a mailing matrix prepared on 8 by 11 inch paper listing the creditors in a single column in the center of the page using Courier10, Prestige Elite, or Letter Gothic typeface, as in the attached example.

EXAMPLE CREDITOR LIST:

                First City Natn'l Bank
                of Beaumont
                P.O.Box 3391
                Beaumont, TX  77704

                Flex Northwest
                1540 NW 46th Street
                Seattle, WA  98372

                General Welding Supply Co.
                P.O. Box 33617
                Baltimore, MD  20984

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

                Glander International
                Lake Success Plaza
                One Hollow Lane
                Lake Success, NY  11042

                Gus Electronics
                Marine Division
                3700 West 61st Avenue
                Anchorage, AK  99502

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

                Hardware Specialty Company
                3419 11th Avenue, SW
                Seattle, WA  98134

                Hill, Batis, and Nash
                Attorneys at Law
                Suite 5125
                One World Trade Center
                Baltimore, MD  20045

                Peterboro Food and Beverage
                405 Landover Road
                Suite 12B
                Landover, MD   20009
 

RULE 1019-1: New Schedules Required on Conversion

Upon the conversion of a case under Chapter 11 or Chapter 12 to Chapter 7, the debtor shall file with the Court an original and two copies of schedules of assets and liabilities and a statement of financial affairs essentially conforming to Form No. 1 (debtor's petition commencing a voluntary case under chapter 7) reflecting the condition of the debtor as of the date of conversion. These schedules shall be filed within fifteen days of the order converting from a chapter 11 or chapter 12 to a chapter 7 proceeding.

Upon notice and hearing for cause, a debtor may be excused from the requirement of this rule.

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

RULE 3010-1: Small Dividends

No dividend for less than $5.00 shall be distributed by the trustee to any creditor. Any such dividend shall be treated in the same manner as unclaimed funds as provided in Rule 3010 of the Rules of Bankruptcy Procedure.

PART IV: DISCHARGE HEARING AND REAFFIRMATIONS

RULE 4004-1: Discharge Hearing

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: Reaffirmations

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 days.

PART V

RULE 5005-1: Implementation of Electronic Case Filing

The clerk will accept for filing those documents submitted in electronic format which conform to electronic case filing procedures established by the court.

PART VII

RULE 7004-1 Authorization of Electronic 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.