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Revised Local Rules, Effective April 1, 2016

Wednesday, March 30, 2016

Amendments to the Bankruptcy Court's Local Rules have been approved by the District Court and are effective as of April 1, 2016.  The rules, as amended, are posted on the court's website (https://www.ilnb.uscourts.gov/court-info/local-rules-and-orders/local-rules).

Noteworthy changes include the following:

Local Rules 2002-1 and 2002-2 change notice procedures in chapter 7 cases.

Local Rule 2004-1 is new.  It requires that a motion to take a 2004 examination must be served "on all parties entitled to notice, including the person or entity to be examined."

Local Rule 3007-1 is also new.  It requires that objections to claims "must be noticed for hearing as an original motion in accordance with Rule 9013-1 and must identify the claimant and claim number."

Local Rule 5011-1 is also new.  It requires that a motion to withdraw the reference must be filed with the clerk of the bankruptcy court.  It should not be filed in the district court.

Local Rule 5082-1 is amended to require that itemizations of services in fee applications in chapter 7 and 11 cases include the hourly billing rate of the person performing the service.

Local Rule 9013-2 is new and governs emergency motions.  It replaces Rule 5096-1 that has been deleted.   The new rule is substantively the same as the procedure set out in Amended General Order No. 12-1 which has governed emergencies since June 1, 2013.

Local Rule 9013-9 is entitled "Motions Granted Without Hearing."  It replaces the old rule that dealt with "routine motions" and institutes a uniform procedure under which judges may grant certain motions in advance of the presentment date.

Local Rule 9029-4B, Attorney Disciplinary Proceedings, has been amended to allow the chief judge to order an immediate interim suspension of an attorney in appropriate cases while the disciplinary proceeding is being resolved.

Several rules have been deleted. Significantly,  Rules 9060-1 through 9060-12 that set forth mediation procedures have been deleted.