UNITED STATES DISTzuCT COURTNORTHERN DISTRICT OF ILLINOIS

PROPOSAL TO AMEND THE LOCAL RULES

The full Court met in executive session on Tuesday, November 14,2017, and approved a

proposal to amend the Local Rules of the Bankruptcy Court as attached (additions marked thus,

deletions marked thus).

**'1.***rf*

COMMENT: In addition to the sites listed below, the notice of the proposal and request for

comment is posted on the website for the United States Bankruptcy Court Northern District ofIllinois, www.ilnb.uscourts. gov .

By direction of the full Court and pursuant to 28 U.S.C. S207(b) regarding appropriate

public notice and opportunity for comment, the Clerk is directed to: (a) cause notice of the

proposal and requests for comment to be published in the Chicago Daily Law Bulletin, (b) cause

notice of the proposal and requests for comment to be posted on the web site for the United

States District Court Northern District of Illinois, (c) indicate in such notice a final date for

receipt of comments, which date shall be sixty days from the first date of publication in the Law

Bulletin, (e) collect and distribute among the mernbers of the Advisory Committee for Local

Rules all comments received, and (D following receipt of a copy of the report and

recommendation of the advisory committee to distribute copies of the comments together with

copies of the report and recommendation among the mernbers of the Court for consideration at a

regular meeting of the full Court.

ENTER:

FOR THE COURT

Chief Judge

Dated at Chicago, Illinois this Z1t tAay of November, 2017.

RULE IOOO-I DEFINITIONS

I tl0) "DistrictCourtLocalRules"mean-stheCivilRulespromulgatedbythedistrictcourt;I

RULE 1006-1 PAYMENT OF FILING FEE IN INSTALLMENTS

If a debtor applies to pay the filing fee in installments pursuant to Fed. R. Bankr. P. I 006,the clerk may enter on behalf of the judge to whom the case is assigned the appropriate order. Ileonder must, rrhieh.will require that (a) fiftv oercent oafter the petition date: (b) the fee be paid in no more than four@installments: and fcl the final instal@ 120 days afterthepetition fuqgis#C.

RULE 1017.3 EFFECT OF DISMISSAL OF BANKRUPTCY CASE ON PENDINGADYERSARY PROCEEDINGS

Whenever a bankruptcv case @is dismissed, a_pendilCnyadversary proceeding arising under, arising in, or related to the caso+he*penCing will lElbedismissed+vitheutprqiudiee unless+tfisnxise ordered by the court <itherjn+hedisd.ssaterdererbJAtepara*e+rde* When a bankruptcy case is dismissed. any adversary proceedines pending inthe case that are civil actions€asee-rvhieh*ave$een removed to thgbankruptcy court mustrvi{l beremanded

RULE 1()19-1 CONVERSION BY ONE DEBTOR UNDERA JOINT PETITION

When only one of two joint debtors in a joint paition files a notice of conversioninte*t ormotion to convett, upon payment of any required additional filing fees, the clerk g[gllr,,4l+ dividethe case into two separate cases and assign a case number to the new case. The debtor seeking toconvert his or her case gbgllmust give notice to the other debtor, as well as to all other partiesentitled to notice under the Bankruptcy Code and Bankruptcy Rulestfiesed*Ba,nJe-*, andgfu[*ilt be responsible for the payment of all required fees. Each debtor ghallmu€t file within 14days ofdivision ofthe case all necessary amendments to the schedules and statemsnt offinancialaffairs.

RULE 2015-T DEFERRAL OF FILING FEES DUE FROM TRUSTEE

In an advenaryproceeding, if the case trustee certifies+e+heelerk that the estate lacks thefunds necesaryto paya filing fee, the trustee willand-enter the deferral of the fee on the docket. If the estate later receives funds sufficient to paythe deferred fees, the trustee will then pay the fee.

RULE 2090.3 APPEARANCE BY ATTORNEYS NOT MEMBERS OF TITE BAROF THE DISTRICT COURT (Pro Hac Vlce)

An attorney who is not a member of the bar of the Ddistrict eeourt but who is a member ingood standing ofthe bar ofthe highest court ofany state or ofanyUnited States Diskict Court mayappear before this court after:

( I ) completing the form application for leave to appefi pro hac vice as prescribed by theQdistrict Ceourt,

(2) paying the required fee to the clerk of the pdistrict eCourt, and

(3) filing the application and receipt for payment with the clerk of thgBankruptcyis qeourt.

The clerk ofthe Bankruptcy Court will entertheNe order on behalfofthe assigned Judgee{e€rfl+i€+Sr.if€d.

RULE2O9O.s APPEARANCES

A. Indivldual Appearances; Appearances by Flrms Prohlblted

(l) Filing a document elechonically constitutes entering an appeanrnce for the party onwhose behalfthe document is filed.; and Nao seoarate aooearances form should befiled .

(2) Any other appearance must be filed by the attomey appearing using formsprescribed by the pdistrict Qeoud.

GLOnly individual attomeys may file appeaftnc€s. Appearances by firms are notallowed.

t})(4) An appearance of an attomey under this Rule does not constitute the substitutionor withdrawal of any other attomev who has appeared. To substitute or withdraw.an aftomey must comply with Rule 2091 - I .

B. Appearance ofAttorney for Debtor; Adversary Proceedngs

Counsel who represents the debtor upon the filing of a petition in bankruptcy is deemed toappear as attomey of record on behalf of the debtor for all purposes in the bankruptcy case,including any contested matter and any audit, but is not deemed to appear in any adversaryproceeding filed against the debtor.

C. Appearance by Untted States Attorney or United States Trustee

No appearance form need be filed by the United States Attomey or the United StatesTrustee or any of their assistants when appearing in the performance of their duties.

D. Appearance ofAttorney for Other Pardeg

Once an attomey has appeared in a contested matter or an adversary proceeding thatattomey is the attorney ofrecord for the party represented for all purposes incident to the matter orproceeding, unless a court orders othenrise.

RULE 3OO7-1 OBJECTIONS TO CLAIMS

Subject to Fed. R. Bankr. P. 3007, 4n objections to a claims must be noticed for hearingas an original motion in accordance with Rule 9013-l and must identi! the claimant and claimnumber. A copy oftheproofofclaim that is the subject ofthe objection must be attached.

RT]LE 3O15-T IRESERVEDI

C€ie

Rt LE 5005-1 METHOD OF FILING

A. Adminlstradve Procedures

The court may adopt Administrative Procedures to permit filing signing, service andverification of documents by elechonic means in conformity therewith.

B. Electronlc Case Flllng

Pursuant to Fed. R. Bankr. P. 5005(a)(2), all documents must be filed in accordance withthe Administrative Procedures.

C. Dlvislons of the Dietrlct

The caption of each document must identiS the division of the court to which the case isassigred.

D. Paper Documents

If paper documents are permitted or required by the Administrative Procedures, they mustbe filed at the office of the clerk in Chicago, Illinois, for Eastem Division cases, and the office ofthe clerk in Rockford, Illinois, for Westem Division cases.

E. ProofofldendtvofUnreoresentedDebtors

When a person not representod by an atomey files a petition. the oerson must fumish oroofof identity as follows:

(l) Any person filinq a petition at the clerk's office must present acceptable photoidentification.

(2) Anv oerson filinc a petition on behalf of another oerson must oresent acccrtable photoidentification both for hinself or herself and for the other person. When a joint petitionis filed. acceplable photo identification must be oresented for each debtor.

13t ell ia.ntifi.ution pr"t*t d *itt b" otolo.opi"d *,0 .nt.r.d * tt "

.outt'r do.k.t. Th.entrv will be restricted from oublic view.

an official identification card issued by the United States qovemmcnt or a state ortcrritory ofthe Unitcd States such as a military identification card or a resident alicncard.

(5) If acceptable photo identification is not Dresented. the clerk will issue a noiiie oTdeficiency to ttre debtor. Ifthe deficiency is not cured within 14 days. the clerk mayfile a motion to dismiss the casc and sct thc motion for hearing. If thc deficiency is notcured bcfore the hearins. the ourt mav dismiss the case for cause.^

Formatted: Heading 2, LeG Indem: Left: 0", First line: 0",After 0 pt

Formlttcd! Fort: (Defdult)'nmes Nes{ Roman, 12 pt

flrmrtted: Ust Paragraph, Let, Indent: Left: 0.5", SpaceAfter: 0 pt, Numbered + Levd: 2 + Numbering Style: 1,2,3,... + Start ah I + Alignment: Left + Aligned at: 0.79" +lndent at: 1.07"

Formatbd: Font: (O€fault) Iimes New Rffnan, 12 pt

Formlttadr No bullets or numbering

Form.ttsdr List Paragraph, Left, Indeflt: Left: 0.5", SpaceAfter: 0 pt, Numbered + Ls/d: 2 + Numbering Style: 1,2,3,... + Start aU 1 + Alignment: Left + Aligned at: 0.79" +Indent at: 1.07"

Formatted: Font: (Default)'Times New Rqnan, 12

Formattcdr List Paragraph, Le1t, Indent: Left: 0.5", SpaceAfter: 0 pt, Numbered + Lsvd: 2 + Numbering sqy'e: 1, 2,3,... + Start at: I + Alignm€nh Let + Aligned at: 0.79" +Indertat:1.07"

Formatted: Font: (Default) fimes Nerfl Rornan, 12 pt

10

RI]LE 50054 SEALnES+RrC+ED DOCUMENTS

A. Definltlons

For the purpose ofthis Rule:

(l) "$Egl*€stieted Q[ocument'means (g[a document that the court has (i) orderedto be maintained under seal elechonically. or (ii) has allowed to be filed in paperas a sealed document. in a sealcd enclosurc so that access to the documentrequires breaking the seal ofthc enclosure: and (b) a motion. brief. or othcr oaper

that the ourtja$ ordergl-e+tyla* to be nted witt portion .

in e€ eublie reoord b6e

noi@

(2) "$gglRostd.etinS Sgrder" means any order {presHcting either that one orE Aleo€€oss+e+_do cumenseal. or thatffi a motion. brief. or other paper befilcd with portions redacted.

a document under seal. or (b) file a motion. brief. or other oaoer with portionsredacted.

B. Seallnq Motlons end Orders for Documents

(l) Anyparty wishing to file under seal a document orportion of a document inconnection urith a motion. brief. or other court paper must:

(a) provisionally filc thc document under scal:

O) file at the same time a public-retord version of the accompanyine motion.brief. or court oaper with onlv the sealed document exchded: and

(c) file a sealing motion reouesting a sealing order.

(2) The sealins motion must be filed before or at the same time as the provisionalfiling ofthe document under seal and must be noticed forpresentrnent promptlythcreafter. Any document filed undcr seal without such a sealing motion will beordcred unsealed.

C. *khodc+{XestlledonSealing Motlons and Orders for Pordons of Modons. Briefs. orOther Court Paoers

(l) Anv partv wishinc to file a motion. brief. or other court oaoer with portionsredacted must:

formatteds Indent: Left: 0.5", Numbered + Level:2 +Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment Left +

at: 0.79" + Indent at: 1.07'

Formatbd: Indert: Left: 0.88", Numbered + Levdr 3 +Numbering Style: a, b, c, ... + Start at 1 + Alignment: Left +Aligned at: 1,34" + Indent at: 1.57"

Formatted: Indent: Left: 0.5", Numbered + Levd: 2 +Numbering Sql€: \ 2,3t... + Start at 1 + Alignment: Left +Aligned at: 0,79" + Indent at: 1.07"

Fom.ttd! Indent: Left: 0,57", No bullets or

Formatted: Indent: Left: 0.57", First line: 0"

11

(.a) provisionall], file an unredacted version ofthe motion. brief or court oaDerunder seal:

(b) tile at the same time a public-record version of the redacted motion. bricf.or court paper and

(c) filc a sealing motion requesting a sealing order.

+filin&gfthe redacted motion. briefor other court paper and must be noticed forpresentnent promotlv thereafter. Any redacted motion. brief. or other courtoaoer filed without such a sealins motion will not be considered bv the court.

as+S€ale*Deeum€nt

D. @SealedRocfidctedDocumenEUnless the court orders otherwise. any sealed document served on any other oarty and any

DaPer courtesy copy ofa sealcd documcnt providcd to a judge must be a comglete version ofthedocument without any redactions made to crcatc the public rccord veision.

Est eertain (a) the i ef $e

ments fottewhg *re dusion

te the elerk and te e tedaeted Deeurnent filC with tre elerk,

irr{attem€y'B

er p6rty'o nome ond addrcsq i

E. Docket Entrles

On witten-,motion and for good cause, the court may directerder that the docket entry fora sealed-*estdeted:dDocument show only that the document was filed without any notationindicating its nature.

Formrtted: Body Text, Indst: Left: 0.5", Right: 0.53", Linespacjng: Multiple 1,03 li, Numbered + Levd: 1 + NumberingStyle: 1, 2, 3, ... + Sbrt at 1 + Alignm€nt: Left + Aligned at:0.79" + Indert ae 1,07', T.b stops: 0.88', Left

12

isrestdete*

F. InrpecdonoflgBgSealedDocuments

Thc clert must maintain a rccord_;i*+mennerprevide+bfhternd eeerathg preeefu;ofpcrsons pemritted access to oager Ssealed D{ocuments. @oneseeking access to paper sealed documents+o must show identification and te-sign a statement toth€{fu-that they have been authorized to examine them€ealed$eeement The clerk pqgstrvi{+

also keep a log of all sueFinspections. The los must state who was permitted access. the date andtime of the inspection. and the documents insoected.

G. Dlsposldon of lgpgSealed Documents

Whe.n a case!!_@..8!qegeqi!!g is closed in which a sca[Res#efing gerder has beenentaed, the cle* must maintain any paper sSealed {Documents for a period of 63 days followingthe final disposition of the case or adversary orocecdine. including the final diqposition of anyappeals. Except where the court-t'++heftqlosiof-F.par!7ercaitso+la*e,cerrrorders otherwise,at the end of the 63-dayperiod the clerk will retum any@hflDocuments to the submittiagsttom€,.erparty submitting them or the party . If reasonable attempts bFthe+}edetoretum the SaalCD{ocuments are i€t{r4uccessful, the clerk may deshoy them.

13

RULE 5011-I MOTIONS FOR WTTHDRAWAL OF REFERENCE

A motion under Fed. R. Banla, P. 501 l(a) to withdraw the reference ofa case orproceedingunder 28 U.S.C. $ 157(d) must be filed with the clert-ef*e-banltrupey+eu* and must beaccompanied by the required filing fee. The clerk must promptly transmit the motion to the districtcourt.

14

RT'LE 7O2O.1 IRESERVEDI

illg

30

15

RI'LE 702G1

A. Deflnldon

DISCOVERY MATERIALS

For the purposes of this Rule, the term "discovery materials" includes all materialsrelated to discovery under Fed. R. Civ. P. 26 through Fed. R. Civ. P. 36, made applicable tobankruptcy proceedings by Fed. R. Bankr. P, 7026 through Fed. R. Bankr. P. 7036 and Fed. R.Bankr. P. 9014, and to discoverytaken under Fed. R. Bankr. P. 2004.

B. Dlscovery Materlab Not to Be Filed Except By Order

(1) Except as provided by this Rule-fulc_2037:L or order of court, discovery materialsmust not be filed with the cleft. The party serving discovery materials must retainthe originalq and be custodian ofthemit. An original deposition must be retained bythe party who ordered it. The court, on its own motion, on motion of any party, oron motion by a non-party, may require the filing of any discovery materials or maymake provision for a person to obtain a copy of discovery materials at the person'sown expense,

(2) If discova'y materials are received into evidence as exhibits, the attomey producingthem will retain them unless the court orders them deposited with the clerk. When thecourt orders them deposited, they will be treated as exhibits subject to the provisionsofRule 9070-1.

I

I

16

RULE 7037-1 DISCOVERY MOTIONS

A. All motions underFed. R. Civ. P. 26 through 37 (made applicablebyFed. R. Banl<r.P. 7026 through 7037) relating to a discoverydispute, including any motion under Fed. R. Bankr.P, 37(a) to compel discovery must include a statement that:

(1) after consultation in person or by telephone, and after good faith attenpts to resolvedifferences, the parties are unable to reach an accord; or

(2) counsel's atterpts to engage in such a consultation were unsuccessful due to nofault ofcounsel.

Where consultation has occurred, the statement in the motion must recite the date, time,and place of the consultation, and the names of all persons participating. Where counsel wasunsuccessful in engaging in the consultation, the statement in the motion must recite in detail theeforts counsel made to engage in the consultation.

B. A oarty moving to compel discovery responses must attach to the motion a cooy ofthe discovery request that is the subiect ofthe motion and any response to the reouest. Failure toattach a discovery reguest and any response will be gnounds for denial ofthe motion.

17

RIJLE 7056-1 MOTIONS FOR SUMMARY JUDGMENT; MO},INGPARTY

A, Supporting Documents Required

With each motion for summaryjudgment filed underFed. R. Bankr. P.7056,the movingparty must serve and file a supporting memorandum of law and a statement of material facts asto which the moving party contends there is no genuine issue and that entitles the moving partyto judgment as a matter of law, and that also includes:

(1) a description of the parties;

(2) all facts supporting venue andjurisdiction in this court; and

(3 ) any affidavits and other materials referred to in Fed. R. Civ. P. 56(qex I )( A).

B. Form - Statement of Facts

The statement offacts must consist ofshort numbered paragraphs, including within eachparagraph specific references to the affidavits, parts ofthe record, and other supporting materialsrelied upon to support the facts set forth in that paragraph. Failure to submit such a statementconstitutes grounds for denial ofthe motion.

C. Subsequent Filings by Moving Party

Ifadditional material facts are submitted by the opposing party pursuant to Rule 7056-2,the moving party may submit a concise reply in the form prescribed in Rule 7056- 2 for response.All additional material facts set forth in the opposing party's statement filed under sectionA(2Xb) of Rule 7056-2 will be deemed admitted unless controverted by a statement of themoving party filed in reply.

18

RULE 7056-2 MOTIONS FOR SIIMMARY JUDGMENT; OPPOSING PARTY

A. Supporting Documents Requlred

Each party opposing a motion for summary judgment under Fed. R. Bankr. P. 7056 mustserve and file the following:

(l) a supporting memorandum of law;

(2) a concise reqponse to the movant's statement of facts that will contain:

(a) a response to each numbered paragraph in the moving pafiy's statement,including, in tlre case of any disagreement specific references to the affidavits,parts ofthe record, and other supporting materials relied upon; and

(b) a statement, consisting ofshort numbered paragraphs, ofany additional factsthat require the denial of summary judgment, including references to theaffidavits, parts ofthe record, and other supporting materials relied upon; and

(3) any opposing aflidavits and other materials referred to in Fed. R. Civ. p. 56(qex I XA).

B. Effect

All material facts set forth in the statement required of the moving party will be deemed tobe admitted unless controverted by the statement ofthe opposing party.

'19

RULE 9OI3-1 MOTIONS

D. Servlce of Modons

(l) Service by Mail

Where service ofthe notice of motion is by mail, the notice of motion must be mailedat least 7 days before the date ofpresentrnent.

(2) Personal Service

A notice of motion served personally must be served no later than 4:00 p.m. on thethind day before the date ofpresenfrnent. Personal service includes actual deliveryrend delivery by facsimile transmission ("fax')-and_Seryrge-bylM@eE.

(3) Fax Service

Where service is by fax, the certificate of service must be accompanied by anautomatically generated statement confirming transmission. The statement mustcontain the date and time of transmission, the telephone number to which the motionwas transmitted, and an acknowledgment from the receiving fax machine that thetransmission was received.

(4) ServicebytheCM/ECF{,ystem

In accordance with the Administrative Procedures---*r---+h+---€aso, electronic filing of a document

constitutes service on any person who is a Registrant entitled to file documents usingthe Ga^e ManogemengEleetrenie-€ese Filing SysterrCM,/ECF and who has filed adocument in the case in electronic format via CM/ECF{hsSt*ere. The time of filingis the time of service for purposes of section D(2) of this Rule.

(5) E-mail Service

Except for service by the-{M/ECF-System as provided in this rule, service byelectronic mail is prohibited unless a wdtten req9036 or the court orders otherwise,

J. Service of Modlfled Orders on Pro ,Se Parties and Certificate of Scrvice

lf the court enters an order that changes the proposed order presented by the movant inaccordance with Paragraph C(5) above and the chanee affects anv rro se pafi. the movinc partvmustserveontheprosepartvacopyoftheorderwithinthreedavsofitsentrv. Themovinspartvmust file a certificate of service statins the date. manner of service. and name and address oftherecipient.

Formatted: Indent: Left; 0", Fir* liner 0"

20

RULE 9013-2 EMERGENCY MOTIONS

A. Modons That May Be Treated as Emergencies

A motion may be ffeated as an emergency only if it arises from an occurrence that couldnot reasonably have been foreseen and requires immediate action to avoid serious and irreparableharm.

B. Applicadon to Set Hearing

A party seeking to present an emergency motion-mnst:

(l ) must file an Application to Set Hearing on Emergency Motion ('the Application") thatstates the reasons that the motion should be heard on an emergency basis and theproposed time frame for presentrnent of the emergency motion;

(2) must attach the proposed emergency motion to the Application;+nd

(3) must not notice the Application for hearinglgru!

(4) need not serve the Application or submit a draft order with the Application,-md-neednotserv€+he+feHiofii

C. Response to Applicadon Prohlbited

No reqponse to the Application may be filed.

D. Procedure After Appllcadon Fited

After filing the Application and attached proposed motion specified in section B of thisRule, the movant must telephone the chambers ofthejudge assigned to the case to notifv thejudgeof the filing of the Application. If the assigned judge is available to rule on the Application, thejudge must promptly determine whether to grant the Application. If the judge assigned to the caseis not available to rule on the Applicatioq the movant should telephone the chambers of theemergency judge of the filing of the Application. If the emergency judge is available, theemergency judge must determine whether to grant the Application. If the emergency judge is notavailable, the movant may contact the clerk, using the emergency telephone numbers available onthe court's web site if necessary, and the clerk must attempt to contact another judge to rule on theApplication.

E. Procedure if Application Granted

If the Applicationto Set Hearing on Emergency Motion is granted, the movant must:

(l) immediately notiS all parties entitled to notice. includine the chachapter l3 fustee. the U.S. trustee and all oarties who may be affected bv the motion.by phone, fax, or personal service of the date, time, and place of the hearing on theemergency motion; and

(2) file the emergency motion with:

(a) a notice of motion specifting the date, time, and place of the emergency hearingand a statement that the motion may be opposed on the basis that emergencytreatrnent is not appropride; and

(b) a certificate of service reflecting the date, time, and method of service of thenotice of motion and the motion.

F. Procedure if Appllcation Denied

If the Application to Set Hearing on Emergency Motion is denied, the movant must noticethe motion in accordance with Rule 9013-1.

21

RULE9O29.4B ATTORNEYDISCPLINARYPROCEEDINGS

B. Discipline of Attorneys for Mlsconduct

(14) Appeal

Entry of an order imposing discipline is a final order, appealable as of right to theExecutive Committee of the distict courl Part VIII of the Fed. R. Bankr. P. governsall appeals Aom disciplinary orders of the bankrupby court, except that Fed, R.Ba!_kr€i+. P. 8006 does not apply.

22

RULE9O29.4C RESTRICTEDFILERS

A. Restricted Fllers FormEtbd: Heading 2, None, Numbered + L€vd; 1 +Numbering Style: A, B, C, ... + SErt aC 1 + Alignment: Left +Aligned at: 0,07" + Indentat: 0.57", Tab stops: Notat 0.57"

Formatted: Ffftr (Default) Times Ne! , Rman, 12 pt

Rule.

B. Procedure

\ Formatted, Font: (Dehult) lim€s NEw Rtrnan. 12 pt

Formlttcd: None, Indent: Left: 0,07", First line: 0.43",Spae After: 0 pt, No bullets or numbering, Tab stops: Not at0,57',

Form.tted: Font: Not Bold( I l Keouest lor Kestnctron

Anv iudqe or iudces ofthe bankruDtcv court anv iudse o irrd ofthe di

Formattad: Indent: Let: 0.5", Numbered + Levd: 1 +Numbering Styh: 1, 2, 3, ... + Start at: 1 + Alignmglt: Left +Aligned at: 1.11" + Indent at: 1.36"

Formatt€d: Not Expanded by / Condensed by

Formattod: Indeflt: First line: 0.5", No buuets or numbering

or the United States Trustee for this reEon may submit a written reouest to the chief judee of thebankruptcv court askins the bankruptcy court to declare a party a restricted filer and prohibit thatpartv fiom filinq documents..

(2) Initial Decision

Upon receiving a request. the chiefjudge must submit the reque* to the banknptcycourt for consideration. After considerinc the reouest. the bankruptcv court must decide by maioritvvote either (a) that the request merits no action. or (b) that the request may merit action. and aresoonse is warranted- --

(3) Reouest for Resoonse

lf the bankruotcy court decides that a response is warranted. the chief iudge mustnotify theparty in writine. The notice must

(a) state that the bankruptcy court has been asked to reshict the party's rieht to filedocumentsl

(b) give the reasons why the restriction has been requested: an{(c) state that the oarty has the right to resoond to the request in writinc within 30 days.

(4) Final Decision

After receiving the response. or after the time to respond has exoired. the chiefjudgemust submit the req.uest and any response to the bankruptcy court, After considering the reouest andanY resPonse. the bankruptcy court must decide by majority vote either (a) that the reqlrest merits noaction. or (b) that the par8 should be declared a restricted filer. lf the bankruptcv court determinesthat the Dartv should be declarod a restricted filer. the bankruptcv court must also determine the termsof the restriction.

C. Terms of Restriction Formattedi Heading 2, LEft, Right: 0", Space After: 0 pt,Line spacing: single, No bullets or numbering

Formrttedr Indent: Left: 0.5", Numbered + Lerrd: 1 +Numbering Styb: 1, 2,3, .,. + Start at: 1 + Alignmeflt: L€ft +Aligned at: 1.11" + Indent at: 1.36"

Formrtted: Not Expanded by / Condensed

Formatted: Indent: First line: 0.5", No bullets or

Formatted: Indent: Left: 0.88", NumM + Levd: 3 +Numbering Styler a, b, c, ... + Start att I + Alignment: Left +Aligned at: 1,34" + Indent at: 1.57"

23

Formattad: Indent: Left: 0.5", Numbered + Lsrd: 1 +Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left +Alioned at: 1,11" + Indent at: 1.36"

D. Order

(l) The determination that a party has becn dcclarod a res8icted filer must be set forth in anorder signed by the chiefjudge. The order must set forth the terms of the restriction. Theordermust also describe how the restricted filer can requestpermission to fite a document.

restriction to be lifted. The terms must state how such a request mav be made. when such a requestmay first be made. and how frequently such requests may be made,

Formattaal: Indent: Let: 0.5", Numbered + Levd: 1 +Numbering Style: 1, 2,3, ... + Start at: I + Alignment: Left +Aligned at: 1.11" + Indent at: 1.36"

FormatH: Heading 2, Left, Rjght: 0", SpaceAfter: 0 pt,Line spacing: singl€, No bullets or numbering

under this Rule.

F. Documentg Filed bv Restricted Filers

(l) Refusal of DocumentUnless Acconpanied by Motion.

(a) Any document a restricted filer submits for filing must be retumed unfiled unless

(2) The simed order must be submitted to the clerk of the court who must docket the orderas a separate miscellaneous oroceeding underthe restricted filer's name. A coov oftheorder must be sent to the restricted filer by regular mail.

E. Restrlcted Fllers Llst

(,b) If a restricted filcr submits a documcnt for filing alone with a written motionrequesting permission to file the document. the clerk must not file the dcument orthe motion but must stamp them "received" and deliver them to the chiefjudee. orsome otherjudge as the restricting order designates. for decision.

(2) Decision on Motion

(a) Ifthe motion reouesting permission is qranted. the iudse must sisn an order to that .effect. The clerk must docket the order in the miscellaneous oroceedins. file thedocuments submitted in the bankruptcv case or advenary proceedinq. asapplicable. and mail to the restricted filer a copy ofthe order and a stamped copyofthe documents.

(b) lf the motion is denied. the judge must sign an order to that effect. The clert mustdocket the onder in the miscellaneous proceedins and must mail the onder to therestricted filer along with the documents submitted for filin&

FormatlDEd: Indent; Left: 0.88", Numbercd + Levd: 1 +Numbering Style: a, b, c. ... + Start at 1 + Alignment: Left +

at: 1.34" + Indentatr 1.57"

Formatted: Normal, Left, Right: 0", Spa@ After: 0 pt, Linespacing: single, No bull6or

Formatted: Indent: Left: 0.88", Numbered + Levdl 3 +Numbering Style: a, b, c, ... + Sbrt at: 1+ Alignment Left +

Formatted: Not Expanded by / Condensed

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G. Aooed

Orrdcrs under section D ofthis Rule declarinq oarties restricted filers and under sectionF(2) of this Rule denvinq motions of restricted filers reouestinc oermission to file documents arefinal orders apoealable as of right to the Executive Committee of the distict court. Part Vlll of theFed. R. Bankr. P. governs all aopeals from orders under this Rule. except that Fed. R. Bankr. P.8006 does not aoolv.

H. Efiect on Other Powers

Nothing in this Rule is intended to rcsfict in any wal, the oowers of a judge under other LocalRules. the Federal Rules of Bankruotcy Procedure. the Federal Rules of Civil Procedurc. or the

.**

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RULE 9060-I MEDIATION AND ARBITRATION

Exceot to the extent required by the Bankruptcy Code or Federal Rules of BankruptcyProcedure. oarties to an adversary proceedinLor contested matter need not reouest court aoprovalbefore pursuinq mediation or arbiration. Parties must promptlv file a motion with the courtrequesting anv schedulinq changes that the oroposed mediation or arbitration mav necessitate.

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