Guide to Rules, Proceedings and Hearings
for the Western District of Wisconsin
These guidelines are for reference purposes only and should not be relied upon instead of the Bankruptcy Code and/or Bankruptcy Rules. Parties are advised that they should consult the applicable Code sections and/or Rules. Rev. 9/15. Filing fee amounts effective December 1, 2016
|
Type of Proceeding |
Rule |
Code § |
Pleadings to be filed |
Notice |
Notice sent to Whom? |
Filing Fee |
|---|---|---|---|---|---|---|
| Abandonment, Request by Party in Interest |
6007(b) | 554(b) | Motion Notice Affidavit of Mailing |
Usually 14 days to object unless circumstances require more or less time | Parties in interest(1) | $188.00 |
| Abandonment, Request by Trustee or Debtor in Possession (Chapter 11) | 6007(a) | 554(a) | Notice of Intent Affidavit of Mailing |
Usually 14 days to object unless circumstances require more or less time | All creditors(2) | |
| Adequate Protection | 4001(d) | 361 | Motion Notice Affidavit of Mailing |
Usually 14 days to object unless circumstances require more or less time |
Parties in interest(1) If Ch. 11, also to the creditors’ committee, or if no committee was appointed, to the 20 largest unsecured creditors. Rule 4001(d)(1) |
|
| Adjourn/Continue Hearing |
Motion Madison: A motion is only required when all parties do not agree to the proposed adjournment.
|
If approved, clerk's office will reschedule hearing | Parties in interest(1) | |||
| Administrative Expenses | 2002(a)(6) | 503 | Application Notice Affidavit of Mailing |
21 days to object, Rule 2002(a)(6) | All creditors, Rule 2002((a)(6)(2) | |
| Appeal | 8001 8002 8004 |
Title 28 § 158 | Notice (official form 17A) |
Notice must be filed within 14 days of entry of judgment, order or decree | Parties in interest(1) | $298.00 |
| Appear Pro Hac Vice | Motion Proposed Order Judge(s) prefer the attorney contact District Court to become admitted to the district |
No notice required but courtesies should be observed | ||||
| Assume or Reject | 6006 | 365 | Motion Notice Affidavit of Mailing |
Usually 14-21 days to object unless circumstances require more or less time | Parties in interest(1) | |
| Avoid Lien | 4003(d) | 522(f) | Motion Notice Affidavit of Mailing |
Usually 14-21 days to object unless circumstances require more or less time | Parties in interest(1) | |
| Cash Collateral, Use of | 4001(b) | 363 | Motion Notice Affidavit of Mailing |
Usually 14 days to object unless circumstances require more or less time |
Parties in interest (1) If Ch. 11, also to the creditors’ committee, or if no committee was appointed, to the 20 largest unsecured creditors. Rule 4001(b)(1) |
|
| Claim (Chapter 11), Motion to Set Bar Date | 2002(a)(7) 3003(c)(3) | Motion Proposed Order |
No notice required but courtesies should be observed
Copy of the order must be sent to all creditors by debtor's attorney or movant, Rule 2002(a)(7) |
|||
| Claim, Objection to | 3007 | 502 | Objection Affidavit in Support Notice Affidavit of Mailing |
30 days to object, Rule 3007 | Parties in interest(1) | |
| Compel | Motion Notice Affidavit of Mailing |
Usually 14 days to object unless circumstances require more or less time | Parties in interest(1) | |||
| Compensation | 2002(a)(6) 2016 | 330 331 328 |
Application Itemization Notice Affidavit of Mailing |
21 days to object, Rule 2002(a)(6) | All creditors if the amount requested is over $1000.00, Rule 2002(a)(6)(2) | |
| Compromise or Settlement | 2002(a)(3) 9019 |
Motion Notice Affidavit of Mailing |
21 days to object, Rule 2002(a)(3) | All creditors, Rule 2002(a)(3)(2) | ||
| Consolidation | 1015 | 302 | Motion Notice Affidavit of Mailing |
Usually 21 days to object unless circumstances require more or less time | All creditors(2) | |
| Contempt | 9020 | 105 | Motion Affidavit of Mailing |
Clerk's office will schedule hearing |
Parties in interest(1) | |
| Conversion, Request by Debtor | ||||||
| Chapter 11 to Chapter 7 | 1017(f) |
1112(a)
|
Motion and Order | No notice required unless case was previously converted.
If case was previously converted, 21 days to object to all creditors. |
$15.00 to convert a chapter 11 to a chapter 7 |
|
| Chapter 12/13 to Chapter 7 | 1017(f)(3) |
1208a) |
Motion and Order |
No notice required but courtesies should be observed |
$60.00 to convert a chapter 12 to a chapter 7 $25.00 to convert a chapter 13 to a chapter 7 |
|
| Any Chapter to 11/12/13 | 1017(f) | 706(a) 112(a) 1208(a) 1307(a) |
Motion |
21 days to object, Rule 2002(a)(4) | All creditors, Rule 2002(a)(4)(2) |
$922.00 for chapter 7 to convert to chapter 11 no charge to convert a chapter 12 to a chapter 11 $932.00 for chapter 13 to convert to chapter 11 no charge for chapter 7/12 to convert to chapter 13 |
| Conversion, Request by Party in Interest | ||||||
| - Chapter 11 to Chapter 7 | 1017(f) 2002(a)(4) |
1112(b) | Motion Notice Affidavit of Mailing |
21 days to object, Rule 2002 (a) (4) | All creditors, Rule 2002(a)(4)(2) | $15.00 to convert a chapter 11 to chapter 7 |
| - Chapter 13 to Chapter 7 | 1017(f) | 1307(c) | Motion Notice Affidavit of Mailing |
Usually 21 days to object unless circumstances require more or less time | Parties in interest(1) | $25.00 to convert a chapter 13 to a chapter 7 |
| Credit, Request to Obtain | 4001(c) | 364 | Motion Notice Affidavit of Mailing |
Usually 14 days to object unless circumstances require more or less time |
Parties in interest (1) If Ch. 11, also to the creditors’ committee, or if no committee was appointed, to the 20 largest unsecured creditors. Rule 4001(c)(1) |
|
| Declaratory Judgment (constitutes an adversary proceeding) | 7001(9) | Variable | Complaint Cover Sheet (if not filed electronically) |
$350.00(3) | ||
| Default Judgment | 7055 | Motion | Clerk's office will schedule hearing | Parties in interest(1) | ||
| Discharge, Objections to (constitutes an adversary proceeding) | 4004(a) 7001(4) | 727(a) | Complaint Cover Sheet (if not filed electronically) |
$350.00(3) |
||
| Discharge (Chapter 12 and Chapter 13), Request for Hardship Discharge | 4007(d) | 1228(b) 1328(b) | Motion Notice Affidavit in Support Affidavit of Mailing
|
Usually 14 days to object unless circumstances require more or less time | All creditors(2) | |
| Dischargeability, Objection to (constitutes an adversary proceeding) | 4007(c) 7001(6) | 523(c) |
Complaint |
$350.00(3) | ||
| Disclosure Statement, Approval of | 2002(b) 3017 | 1125 | Before filing Disclosure Statement, call chambers for a hearing date | 28-day notice of hearing, Rule 2002(b) |
All Creditors, Rule 2002(b) Disclosure Statement and Plan are mailed with the notice of disclosure hearing(4) |
|
| Disclosure Statement, Filing of | 3016(b) | 1125 | Disclosure Statement | Disclosure Statement shall be filed with the plan or within a time fixed by the Court | ||
| Dismissal, Request by Debtor | ||||||
| -Chapter 7 | 1017(a) 2002(a)(4) |
Motion |
Clerk's office will schedule hearing |
Notice of Hearing is sent to all creditors, Rule 2002(a)(4)(2) |
||
| -Chapter 11 | 1017(a) 2002(a)(4) |
Motion Notice Affidavit of Mailing |
21 days to object, Rule 2002(a)(4) | All creditors, Rule 2002(a)(4)(2) | ||
| -Chapter 12 | 1208(b) | Motion and Proposed Order |
No notice required but courtesies should be observed If case was previously converted, 21 days to object to all creditors. |
|||
| -Chapter 13 | 1307(b) | Motion and Proposed Order |
No notice required but courtesies should be observed If case was previously converted, 21 days to object to all creditors. |
|||
| Dismissal, Request by Party in Interest | ||||||
| -Chapter 7 | 1017(f) 2002(a)(4) | 707 | Motion Notice Affidavit of Mailing |
21 days to object, Rule 2002(a)(4) | All creditors, Rule 2002(a)(4)(2) | |
| -Chapter 11 | 1017(f) 2002(a)(4) | 1112(d) | Motion Notice Affidavit of Mailing |
21 days to object, Rule 2002(a)(4) | All creditors, Rule 2002(a)(4)(2) | |
| -Chapter 12 | 1017(f) 2002(a)(4) | 1208(c) | Motion, Notice and Affidavit of Mailing | 21 days to object, Rule 2002(a)(4) | All creditors, Rule 2002(a)(4)(2) | |
| -Chapter 13 | 1017(f) | 1307(c) | Motion Notice Affidavit of Mailing |
Usually 21 days to object unless circumstances require more or less time | Parties in interest(1) | |
| Emergency/Expedited Hearing, Request for |
Main Motion Motion for Expedited Hearing |
If approved, clerk's office will schedule hearing | Parties in interest(1) | |||
| Employ | 2014 | 327 | Application Affidavit of Disinterest Proposed Order |
U.S. Trustee | ||
| Examination Under Rule 2004 | 2004 | Motion Proposed Order |
No notice required but courtesies should be observed | Parties in interest(1) | ||
| Examiner, Request to Appoint in a Chapter 11 | 2007.1 | 1104 | Motion Notice Affidavit of Mailing |
Usually 14-21 days to object unless circumstances require more or less time | All creditors(2) | |
| Exemptions, Objection to | 4003(b) | 522 | Objection | Clerk's office will schedule hearing | Parties in interest(1) | |
| Extend Plan Payments (Chapter 12/13) | 1322(d) 1329(c) | Motion Notice Affidavit of Mailing |
Usually 14-21 days to object unless circumstances require more or less time | All creditors(2) | ||
| Extend Time to File Plan (Chapter 11/12) |
1007 |
1121(d) 1221 | Motion Notice Affidavit of Mailing |
Usually 21 days to object unless circumstances require more or less time | All creditors(2) | |
| Extend Time to File Schedules | 9006 | Motion Proposed Order |
Trustee and U.S. Trustee | |||
| Filing Fees, Request to Pay in Installments (individuals only) | 1006 | Title 28 § 1930(a) | Application | No notice required | ||
| Final Decree, Request in a Chapter 11 | 3022 | 350(a) | Application Final Report (optional) Final Decree (optional) |
No notice required | ||
| Injunction or Equitable Relief (constitutes an adversary proceeding) |
7065 7001(7) | Variable | Complaint Cover Sheet (if not filed electronically) |
$350.00(3) | ||
| Intervention | 2018 7024 |
Motion | Clerk's office will schedule hearing | Parties in interest(1) | ||
| Joint Administration | 1015 | 302 | Motion Notice Affidavit of Mailing |
Usually 21 days to object unless circumstances require more or less time | All creditors(2) | |
| Leave to Appeal | 8004 | Motion | Party has 14 days to file an answer in opposition | Parties in interest(1) | ||
| Lien, Determine the Validity, Priority, or Extent of (constitutes an adversary proceeding) |
7001(2) | Complaint Cover Sheet (if not filed electronically) |
$350.00(3) | |||
| Limine | Motion | Clerk's office will schedule hearing | Parties in interest(1) | |||
| Limit Notice | 2002(h) & (i) | Motion Affidavit in Support Proposed Order |
No notice required but courtesies should be observed | |||
| Plan, Confirmation of | ||||||
| -Chapter 11 | 3020(b) 2002(b) |
1128 1129 |
Notice of Confirmation hearing |
Clerk's office will schedule hearing 28-day notice of hearing, Rule 2002(b) |
All creditors, Rule 2002(b)(5) | |
| -Chapter 12 | 3015 2002(a)(8) |
1224 1225 |
Notice of Confirmation hearing |
Clerk's office will schedule hearing 21-day notice of hearing, Rule 2002(a)(8) |
All creditors, Rule 2002(a)(8)(2) | |
| -Chapter 13 | 3015 2002(b) |
1324 1325 |
Notice of Confirmation hearing |
Clerk's office will schedule hearing if an objection is filed 28-day notice of hearing, Rule 2002(b) |
All creditors, Rule 2002(b)(2) | |
| Plan, Filing of | ||||||
| -Chapter 11 | 3016 | 1121 1122 |
Plan | Small business plan must be filed within 300 days | Plan is sent to all creditors with the notice of confirmation hearing(5) | |
| -Chapter 12 (12pln) |
3015(a) | 1221 | Plan | Plan must be filed within 90 days | Plan or plan summary is sent to all creditors with the notice of confirmation hearing(2) | |
| -Chapter 13 | 3015(b) | 1321 1322 |
Plan | Plan must be filed within 14 days | First Plan or plan summary is sent to all creditors(2) by the Court | |
| Plan, Modify after confirmation | 3015 3019 |
1127 1229 1329 |
Modified Plan Notice Affidavit of Mailing |
21 days, Rule 2002(a)(5) | All creditors, Rule 2002(a)(5)(2) | |
| Quash | Motion | Clerk's office will schedule hearing | ||||
| Reaffirmation Agreement | 4008 Local Rule 4008-1 | 524 | Cover Sheet Reaffirmation Documents Eau Claire - Motion for Approval (if debtor is pro se or debtor's attorney does not sign certification Part IV) |
No hearing is held unless debtor is pro se or debtor's attorney does not sign certification Part IV | ||
| Reconsider | Motion | Clerk's office may schedule hearing | Parties in interest(1) | |||
| Recover Money or Property except under § 554 and § 725 of the Code (constitutes an adversary proceeding) |
7001(1) | 542 544 547 548 |
Complaint Cover Sheet (if not filed electronically) |
$350.00(3) |
||
| Redemption of Property from Lien or Sale | 6008 | 722 | Motion Notice Affidavit of Mailing |
Usually 14 days to object unless circumstances require more or less time | Parties in interest(1) | |
| Reinstate Case | 9014 | Motion |
Clerk's office will schedule hearing |
Parties in interest(1) | ||
| Relief from Stay | 4001(a) | 362(d) | Motion Notice Affidavit of Mailing |
Usually 14 days to object unless circumstances require more or less time |
Parties in interest plus(1) If Ch. 11, also to the creditors’ committee, or if no committee was appointed, to the 20 largest unsecured creditors. Rule 4001(a)(1) |
$188.00 |
| Removal, Notice of (adversary proceeding) | 7001(10) 9027 | Notice of Removal Cover sheet (if not filed electronically) |
$350.00(3) |
|||
| Reopen Case |
5010 |
350(b) | Eau Claire -Motion -Notice -Affidavit of Mailing Madison |
Eau Claire -Usually 14 days to object unless circumstances require more or less time Madison Note: There are limited exceptions. |
Parties in interest(1) | Chapter 7 - $260.00
Chapter 11 - $1167.00 Chapter 13 - $235.00 Chapter 12- |
| Sale | 6004 2002(a)(2) | 363 | Motion Notice Affidavit of Mailing -or- Notice of Intent (under $2,500) and Affidavit of Mailing |
21 days if it is out of the ordinary course of business, Rule 2002(a)(2) | All creditors, Rule 2002(a)(2)(2) | |
| Schedules, Amending to Add Creditors
If the case is closed, it must be reopened. |
1009 | Amended Schedule (signed by debtor)
Affidavit of Mailing showing service of the amended schedule to the additional creditor(s) |
A copy of the amended schedule and 341 notice must be sent to the additional creditors | $32.00
If new creditors are added within 14 days of conversion, no fee is required
|
||
| Schedules, Amending (no creditors added) | 1009 | Amended Schedule (signed by debtor) | $32.00 fee to change the amount or classification of a debt | |||
| Shorten Time | 9006 | Motion Affidavit in Support Proposed Order |
No notice required but courtesies should be observed | |||
| Stay Pending Appeal | 8005 | Motion | Clerk's office will schedule hearing | Parties in interest(1) | ||
| Substitution of Attorneys |
Motion/Stipulation If from same firm, Stipulation only |
No notice required but courtesies should be observed | ||||
| Summary Judgment | 7056 | Motion Affidavit of Mailing |
Clerk's office will schedule hearing | Parties in interest(1) | ||
| Suspension of Payments (Chapter 12 and Chapter 13) | Motion Notice Affidavit of Mailing |
Usually 14 days to object unless circumstances require more or less time | All creditors(2) | |||
| Trustee, Request to Appoint in a Chapter 11 | 2007.1 | 1104 | Motion Notice Affidavit of Mailing |
Usually 14 days to object unless circumstances require more or less time | All creditors(2) | |
| Valuation | 3012 | 506(a) | Motion Notice Affidavit of Mailing |
Usually 14 days to object unless circumstances require more or less time | Parties in interest(1) | |
| Venue, Change | 1014 | Title 28, § 1412 | Motion Notice Affidavit of Mailing |
Usually 14 days to object unless circumstances require more or less time | All creditors(2) | |
| Withdraw as Attorney for Debtor | Motion Notice Affidavit of Mailing |
Usually 14 days to object unless circumstances require more or less time | Parties in interest(1) | |||
| Withdrawal of Reference | Title 28, § 157(d) | Motion | Upon the filing of the Motion, it will be transmitted to the District Court for a determination | $188.00 |
1. "Parties in interest" in a bankruptcy case includes: The debtor, debtor's attorney, trustee, U.S. Trustee, creditors' committee if one is appointed, and any party that should receive notice.
"Parties in interest" in an adversary proceeding includes: The plaintiff, plaintiff's attorney, defendant, defendants's attorney, U.S. Trustee, and any other party that should receive notice.
2. "All Creditors" includes: Everyone on the mailing matrix and parties in interest.
3. If the United States, other than a United States trustee acting as a trustee in a case under title 11, or a debtor is the plaintiff, no fee is required. If a trustee or debtor in possession is the plaintiff, the fee should be payable only from the estate and to the extent there is any estate realized. If a child support creditor or its representative is the plaintiff, and if such plaintiff files the form required by § 304(g) of the Bankruptcy Reform Act of 1994, no fee is required.
4. The plan and the disclosure statement are sent with the notice of disclosure hearing to the debtor, any trustee or committee appointed under the Code, secured creditors, and the Securities and Exchange Commission. The notice of disclosure hearing is sent to all creditors, Rule 2002(b).
5. At least 28 days before the confirmation hearing, the following items must be served on all creditors: order approving disclosure statement, notice of confirmation hearing, approved disclosure statement, plan and ballot. These materials will not be mailed by the Clerk's Office.