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COMPLETE LOCAL RULES

Related Information:

Abbreviations:

"§341 Meeting" or "§341" means the initial meeting of creditors.
"Code" means Title 11 of the United States Code.
"Code Sec." means specific Code Section under Title 11 of the United States Code.
"DIP" means Debtor-in-Possession.
"Fed.R.Bankr.P." means Federal Rules of Bankruptcy Procedure.
"Fed.R.Civ.P." means Federal Rules of Civil Procedure.
"10th Cir. BAP L.R." means United States Bankruptcy Appellate Panel of the Tenth Circuit Local Rules.
"Fed.R.App.P." means Federal Rules of Appellate Procedure.
"L.F." means Local Form of this Court.
"LBR" means Local Rule of this Court.
"UST" means United States Trustee.

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

Rule

1002-1 Petitions 1

1005-1 Caption Requirements for Petitions 1

1006-1 Filing Fee - Installments 1

1007-1 Lists, Schedules and Statements 1

1007-2 Mailing List or Matrix 2

1007-3 Statement of Intentions 2

1009-1 Amendments to Lists and Schedules 3

1010-1 Involuntary Petition 3

1017-1 Conversion - Request for/Notice of 3

1019-1 Conversion Procedure 4

1020-1 Chapter 11 Small Business Cases - General 4

PART II. OFFICERS AND ADMINISTRATION NOTICES;
MEETINGS; EXAMINATIONS; ELECTIONS;
ATTORNEYS AND ACCOUNTANTS

2004-1 Depositions and Examinations 5

2015-1 Trustees - General 5

2015-4 Trustees - Chapter 12 5

2015-5 Trustees - Chapter 13 5

2016-1 Compensation of Professionals 5

2081-1 Chapter 11 - General 5

2082-1 Chapter 12 - General 5

2083-1 Chapter 13 - General 5

2090-1 Admission of Counsel to the Bankruptcy Court 6

2091-1 Attorneys - Withdrawal 6

PART III. CLAIMS AND DISTRIBUTION TO CREDITORS
AND EQUITY INTEREST HOLDERS; PLANS

3001-1 Claims and Equity Security Interests 7

3007-1 Objections to Claims 7

3012-1 Valuation of Collateral 7

3015-1 Chapter 13 Plan 7

3015-2 Modification of the Chapter 13 Plan 9

3015-3 Chapter 13 - Confirmation 9

3015-4 Chapter 12 Plan 9

3015-5 Amendments to Chapter 12 Plan 11

3015-6 Notice of Chapter 12 Confirmation Hearing 11

3016-1 Chapter 11 Plan 11

3016-2 Disclosure Statement - General 13

3017-1 Disclosure Statement - Approval 13

3017-2 Disclosure Statement - Small Business Case 14

3018-2 Acceptance/Rejection of Chapter 11 Plan 14

3019-1 Amendments to Chapter 11 Plan 14

3020-1 Chapter 11 Confirmation 14

3022-1 Chapter 11 Final Report/Decree 15

PART IV. THE DEBTOR: DUTIES AND BENEFITS

4002-1 Debtor's Duties 16

4003-1 Exemptions 16

4003-2 Lien Avoidance 17

4004-1 Discharge 17

4008-1 Reaffirmation 17

PART V. COURT AND CLERKS

5001-1 Court Administration 18

5001-2 Clerk - Office Location/Hours 18

5003-2 Removal of Court Papers 18

5005-2 Filing of Papers - Number of Copies 19

5005-3 Filing of Papers - Size of Papers 19

5005-4 Electronic Filing 19

5071-1 Continuances 19

5080-1 Fees - General 19

5081-1 Fees - Form of Payment 19

PART VII. ADVERSARY PROCEEDINGS

7001-1 Adversary Proceeding - General 21

7007-1 Motion Practice in Adversary Proceedings 21

7016-1 Pretrial Procedures 21

7026-1 Discovery - General 21

7027-1 Depositions and Examinations 22

7055-1 Default - Failure to Prosecute 22

PART VIII. APPEALS

8001-1 Notice of Appeal 23

8001-3 Election for District Court Determination of Appeal 23

8006-1 Designation of Record 23

8007-1 Completion of Record on Appeal 23

8016-2 Entry of Judgment by Clerk of District Court or BAP 24

PART IX. GENERAL PROVISIONS

9001-1 Definitions 25

9003-1 Ex Parte Contact 25

9004-1 Papers - Requirement of Form 25

9004-2 Papers - Caption 26

9010-1 Attorneys - Notice of Appearance 26

9011-4 Signatures 26

9013-1 Motion Practice 26

9013-4 Applications 27

9015-1 Jury Trials 27

9016-2 Witnesses 28

9021-2 Judgments and Orders 28

9070-1 Exhibits 28

9072-1 Proposed Orders 28

9073-1 Status Hearings 29

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

Rule 1002-1 PETITIONS

(a) Chapter 7 Petition - The following documents must be presented to the Clerk for filing:

(1) Petition with debtor's declaration;

(2) Exhibit A to petition, if debtor is a corporation; and

(3) A verified matrix in conformity with LBR 1007-2 and Fed.R.Bankr.P. 1008.

(b) Chapter 11 Petition - The following documents must be presented to the Clerk for filing:

(1) Petition with debtor's declaration;

(2) Exhibit A to petition if debtor is a corporation;

(3) List of creditors holding 20 largest unsecured claims, excluding insiders, consisting of name, address and claim amount of each creditor; and

(4) A verified matrix in conformity with LBR 1007-2 and Fed.R.Bankr.P. 1008.

(1) Petition with debtor's declaration; and

(2) A verified matrix in conformity with LBR 1007-2 and Fed.R.Bankr.P. 1008.

(d) Chapter 13 Petition - The following documents must be presented to the Clerk for filing:

(1) Petition with debtor's declaration; and

(2) A verified matrix in conformity with LBR 1007-2 and Fed.R.Bankr.P. 1008.

See also LBR 5005-2.

Rule 1005-1 CAPTION REQUIREMENTS FOR PETITIONS

Every petition filed under the Code shall be captioned:

UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF OKLAHOMA

and filed with the Clerk of the Bankruptcy Court.

See also LBR 9004-2.

Rule 1006-1 FILING FEE - INSTALLMENTS

If an individual debtor is unable to pay the fees at the time the petition is filed, an Application to Pay Filing Fees in Installments shall be filed with the petition pursuant to Fed.R.Bankr.P. 1006. The appropriate filing fees shall be paid in full before any other fees are paid.

See also LBR 5080-1.

Rule 1007-1 LISTS, SCHEDULES AND STATEMENTS

(a) Completing Forms. Each question or statement shall be answered completely with specific information on all petitions, statements, schedules, summaries, notices and exhibits. If not applicable, so state by denoting "N/A" or "None." The forms must comply substantially with appropriate official forms. The original pages shall be assembled into a complete set as well as all copies. All originals shall be dated and signed by debtor and counsel.

(b) Schedules and Statements. Within fifteen (15) days of filing the petition, the debtor shall file with the Clerk the schedules and statements required by the Bankruptcy Rules and Code.

See also LBR 5005-2.

Rule 1007-2 MAILING LIST OR MATRIX

(a) The Bankruptcy Court uses a computer system called BANCAP. BANCAP captures the list of creditors (matrix) through use of an Optical Character Reader (OCR). The OCR will read typewritten lists using only certain fonts and pitches in a prescribed format. Any deviation and the system will not read the information. The following procedure shall be utilized in preparing the matrix:

(1) Lists should be typed in one of the following standard typefaces or print styles: Courier 10 pitch, Prestige Elite or Letter Gothic. The use of dot-matrix printers should be avoided.

(2) Lists must be typed in a single column, rather than in three columns.

(3) Lists must be typed so that no letters are closer than one inch from any edge of the paper.

(4) Each name/address must consist of no more than five (5) total lines, with at least one blank line between each of the name/address blocks.

(5) Each line must be no more than forty (40) characters in length.

(6) DO NOT INCLUDE the debtor or debtor's attorney.

(7) Avoid extra marks on the list, such as letterhead, dates, debtor's name, coffee stains, handwritten marks, page numbers, etc.

(8) Avoid non-standard paper such as onion skin, half-sized paper, colored paper or erasable bond paper.

(9) Avoid poor quality type. All type must be fully printed upon the paper for the OCR to read the correct letters.

(10) Avoid upper case only (all capital letters). Type in upper and lower case as you would on a letter and avoid bold type.

(11) The zip code must be on the last line. Nine digit zip codes should be typed with a hyphen separating the two groups of digits. DO NOT type attention lines or account numbers on the last line; put these on the second line of the name/address if needed.

(12) Fabric ribbons or used carbon ribbons should be avoided.

(b) All matrices shall be accompanied by a verification bearing the original signature of the debtor attesting to the accuracy of the matrix submitted to the Court.

Rule 1007-3 STATEMENT OF INTENTIONS

Within thirty (30) days of filing the petition under Chapter 7, or by the §341 meeting, an individual debtor shall file a Statement of Intentions with regard to consumer debt secured by property of the estate pursuant to §521(2)(A).

Rule 1009-1 AMENDMENTS TO LISTS AND SCHEDULES

(a) Requirements for Amended Schedules of Assets. All amendments to the assets schedules shall be verified by the debtor and contain an affidavit of service to Trustee, UST and any entity affected thereby.

(b) Requirements for Amended Schedules of Liabilities. All amendments to liability schedules shall be verified by the debtor, contain an affidavit of service to Trustee, UST and any entity affected thereby, and if adding creditors, be accompanied by an amended matrix. In addition:

(1) An amendment to the matrix shall set forth only those additional creditors not included on the original matrix and shall comply with LBR 1007-2.

(2) No filing fee is required for an amended matrix filed with amended schedules of liabilities.

Rule 1010-1 INVOLUNTARY PETITION

A petition and summons must be presented to the Clerk for filing.

Rule 1017-1 CONVERSION - REQUEST FOR/NOTICE OF

(a) Conversion from Chapter 7

(1) If conversion is sought by the debtor, the conversion shall be accomplished by motion pursuant to §706, Rule 1017(d), Fed.R.Bankr.P., and in compliance with LBR 5005-2, 5080-1 and 9013-1(a).

(2) If the conversion is sought by a party in interest, the conversion shall be accomplished by motion pursuant to §706(b) and in compliance with LBR 5005-2 and 9013-1(a). (b) Conversion from Chapter 11 to Chapter 7. If sought by either the debtor/DIP or a party in interest, shall be accomplished by motion pursuant to §1112, Rule 1017(d) and 1019, Fed.R.Bankr.P. and in compliance with LBR 5005-2, 5080-1 and 9013-1(a).

(1) If the conversion is sought by the debtor/DIP, the conversion shall be accomplished by motion pursuant to §1112, Rule 1017(d), Fed.R.Bankr.P. and in compliance with LBR 5005-2 and 9013-1(a).

(2) Conversion from a Chapter 11 to a Chapter 12 or 13 by a party in interest is prohibited by §1112 without consent of the debtor/DIP.

(d) Conversion from Chapter 12 to Chapter 7

(1) If the conversion is sought by the debtor/DIP, the conversion shall be accomplished by notice pursuant to §1208(a), Rule 1017(d) and 1019, Fed.R.Bankr.P. and in compliance with LBR 5005-2 and 5080-1.

(2) If the conversion is sought by a party in interest, the conversion shall be accomplished by motion pursuant to §1208(a), Rule 1017(d), Fed.R.Bankr.P., and in compliance with LBR 5005-2, 5080-1 and 9013-1(a).

(e) Conversion from Chapter 12 to Chapter 11 or 13

(1) If the conversion is sought by the debtor/DIP, the conversion shall be accomplished by motion pursuant to §1208, Rule 1017(d), Fed.R.Bankr.P. and in compliance with LBR 5005-2 and 9013-1(a).

(2) If the conversion is sought by a party in interest, the conversion shall be accomplished by motion pursuant to §1208, Rule 1017(d), Fed.R.Bankr.P. and in compliance with LBR 5005-2 and 9013-1(a).

(f) Conversion from Chapter 13 to Chapter 7

(1) If the conversion is sought by the debtor, the conversion shall be accomplished by notice pursuant to §1307(a), B.R. 1017(d) and 1019, Fed.R.Bankr.P., and in compliance with LBR 5005-2 and 5080-1.

(2) If the conversion is sought by a party in interest, the conversion shall be accomplished by motion pursuant to §1307(c), Rule 1017(d), Fed.R.Bankr.P., and in compliance with LBR 5005-2, 5080-1 and 9013-1(a).

(g) Conversion from Chapter 13 to Chapter 11 or 12

(1) If the conversion is sought by the debtor, the conversion shall be accomplished by motion pursuant to §1307(d), Rule 1017(d), Fed.R.Bankr.P., and in compliance with LBR 5005-2, 5080-1 and 9013-1(a).

(2) If the conversion is sought by a party in interest, the conversion shall be accomplished by motion pursuant to §1307(c), Rule 1017(d), Fed.R.Bankr.P. and in compliance with LBR 5005-2 and 9013-1(a).

Rule 1019-1 CONVERSION PROCEDURE

A notice or motion to convert a case to Chapter 7 must be accompanied by a supplemental matrix of the post-petition creditors, if any, for the Clerk to notify these creditors of the Chapter 7 §341 meeting. Otherwise, the movant will be responsible for noticing.

Rule 1020-1 CHAPTER 11 SMALL BUSINESS CASES - GENERAL

(a) Within fifteen (15) days of filing the petition, the small business debtor, as defined by §101(51C), shall file with the Clerk and give notice to all parties in interest a written notice of election to be considered a small business pursuant to §1121(e).

(b) Within twenty (20) days of filing the petition, any party in interest, in a case where the debtor is a small business and elects to be considered a small business, may file a motion requesting that no committee of unsecured creditors be appointed.

PART II. OFFICERS AND ADMINISTRATION
NOTICES; MEETINGS; EXAMINATIONS;
ELECTIONS; ATTORNEYS AND ACCOUNTANTS

Rule 2004-1 DEPOSITIONS AND EXAMINATIONS

A motion for examination pursuant to Fed.R.Bankr.P. 2004 does not require the "notice and opportunity" language set forth in LBR 9013-1(a). Motions for 2004 examination will not be held for the objection period.

Rule 2015-1 TRUSTEES - GENERAL

Chapter 7 Trustee Procedure. All Chapter 7 Trustees shall be bound by the Procedure Manual for Trustees serving in the Eastern District of Oklahoma, promulgated by the Bankruptcy Court.

Rule 2015-4 TRUSTEES - CHAPTER 12

Chapter 12 Trustee Procedure. The Standing Chapter 12 Trustee shall be bound by the Procedure Manual for Trustees serving in the Eastern District of Oklahoma, promulgated by the Bankruptcy Court.

Rule 2015-5 TRUSTEES - CHAPTER 13

Chapter 13 Trustee Procedure. The Standing Chapter 13 Trustee shall be bound by the Procedure Manual for Trustees serving in the Eastern District of Oklahoma, promulgated by the Bankruptcy Court.

Rule 2016-1 COMPENSATION OF PROFESSIONALS

Applications for Compensation and Reimbursement of Expenses filed pursuant to Rule 2016, Fed.R.Bankr.P. should contain the notice and opportunity language set forth in LBR 9013-1(a). If no objection is received within the fifteen (15) days, an Order may be entered by the Court without a hearing.

Rule 2081-1 CHAPTER 11 - GENERAL

For Chapter 11 Small Business see LBR 1020-1.

Rule 2082-1 CHAPTER 12 - GENERAL

Chapter 12 Discharge. Upon receipt of the Standing Trustee's Final Report, a discharge hearing shall be conducted. Upon a showing of debtor's completion of performance under the plan, the Court may grant a discharge in accordance with the provisions of §1228.

Rule 2083-1 CHAPTER 13 - GENERAL

Chapter 13 Discharge. Upon receipt of the Standing Trustee's Final Report, a discharge hearing shall be conducted. Upon a showing of debtor's completion of performance under the plan, the Court may grant a discharge in accordance with the provisions of §1328.

Rule 2090-1 ADMISSION OF COUNSEL TO THE BANKRUPTCY COURT

(a) Since this Court derives its jurisdiction and authority from the United States District Court for the Eastern District of Oklahoma, admission to that District Court shall be deemed admission to this Bankruptcy Court.

(b) Any attorney not admitted to practice before this Court, who desires to appear on behalf of a child support creditor in a case pending before this Court, shall file a written notice detailing the child support debt, its status and other characteristics simultaneously with the first papers filed.

Rule 2091-1 ATTORNEYS - WITHDRAWAL

Motions to Withdraw as Attorney of Record shall contain the fifteen (15) day language set forth in LBR 9013-1(a) and a copy of the motion shall be mailed to the debtor.

PART III. CLAIMS AND DISTRIBUTION TO CREDITORS
AND EQUITY INTEREST HOLDERS; PLANS

Rule 3001-1 CLAIMS AND EQUITY SECURITY INTERESTS

Claims of creditors shall be filed with the Clerk and copies mailed to debtor's counsel. Proof of Claim forms are available at the Clerk's Office.

Rule 3007-1 OBJECTIONS TO CLAIMS

Objections may be set for hearing by the Clerk and the Clerk shall issue notice of hearing and provide in the notice the following language unless otherwise directed by the Court:

IF YOU DISAGREE WITH THE OBJECTION YOU SHOULD FILE A WRITTEN RESPONSE WITH THIS COURT WITHIN 15 DAYS OF THE DATE OF THE SERVICE OF THE NOTICE AND ATTEND THE HEARING. PARTIES SHOULD BE PREPARED TO PRESENT TESTIMONY, OFFER EXHIBITS AND DISCUSS LEGAL AUTHORITIES.

IF THE PARTIES WISH TO PRESENT TESTIMONY, THEY SHALL NOTIFY THE COURTROOM DEPUTY AND OPPOSING COUNSEL, IN WRITING, FIVE (5) DAYS PRIOR TO THE HEARING. THE COURT MAY RULE ON THE MATTER AT THE HEARING.

Rule 3012-1 VALUATION OF COLLATERAL

(a) Motions to Determine Secured Claims shall be filed prior to the expiration of the discharge bar date in a Chapter 7 case and prior to or with the plan in a Chapter 11, 12 or 13 case. These motions will be ruled upon at the end of the fifteen (15) day period in which to object, or will be set for hearing at the time of confirmation.

(b) These motions shall be filed separately and shall not be incorporated into the plan in a Chapter 11, 12 or 13 case.

Rule 3015-1 CHAPTER 13 PLAN

(a) Time for Filing. Within fifteen (15) days of filing the petition, the debtor shall file the proposed plan pursuant to Fed.R.Bankr.P. 3015.

(b) Minimum Content Requirements. The Chapter 13 Plan must be a separate document captioned "Chapter 13 Plan" and shall have the following information to allow evaluation for confirmation:

(1) Classification of Claims - Administrative Claims

(A) Identity of administrative creditor;

(B) Amount of administrative claim; and

(2) Classification of Claims - Priority Claims

(A) Identity of priority creditor;

(B) Type of claim giving rising to priority status under §507; and

(3) Classification of Claims - Secured Claims

(A) Separately classify each secured creditor;

(B) Description of affected collateral;

(D) Amount of claim secured and unsecured;

(E) Amount of scheduled claim.

(4) Classification of Claims - Unsecured Claims

(A) Identity of unsecured creditor; and

(B) Amount of unsecured claim.

(5) Treatment of Each Class

(A) Amount of disposable income devoted under the plan to each class of claimants; and

(B) Disposition of secured property.

(6) Commitment of Disposable Income - Statement that all future disposable income is committed to payments under the plan for the duration of its term.

(7) Executory Contracts and Unexpired Leases

(A) Assumption or rejection;

(B) Property or right involved;

(D) Term of said contract or lease;

(E) Party obligated under said contract or lease; and

(F) Amount and proposed method of payment on pre-petition default amounts.

(8) Lien Avoidance

(A) Description of property involved;

(B) Identity of creditor; and

(9) Surrendered Property

(A) Description of property;

(B) Creditor to which property will be surrendered;

(D) Value of property.

` (10) Homestead Mortgage - If in arrears, amount of arrearage and treatment under plan to satisfy arrearage.

(11) Liquidation Analysis - Statement that unsecured creditors will receive not less than the amount that would be paid on each claim if the estate were liquidated under Chapter 7 in accordance with §1325(a)(4).

(12) Terms of Discharge - Statement that upon completion of performance under the plan, the debtor is eligible for discharge.

Rule 3015-2 MODIFICATION OF THE CHAPTER 13 PLAN

(a) Modifications made to the plan after confirmation pursuant to §1329 shall be submitted as an entirely new plan unless otherwise approved by the Court. The modified plan will replace the original plan, if approved.

(b) When a Motion to Modify Plan is filed pursuant to §1329, the moving party shall also file a modified plan.

Rule 3015-3 CHAPTER 13 - CONFIRMATION

(a) If the plan is filed with the petition, the Clerk shall include the confirmation hearing information on the notice of meeting of creditors, and the debtor shall mail the plan to the matrix. Proof of service shall be filed within five (5) days of the mailing.

(b) If the plan is filed after the petition, the Clerk shall prepare the notice of confirmation hearing. The debtor shall mail, to the matrix, the notice and plan within five (5) days of the entry of the notice of confirmation hearing. Proof of service shall be filed within five (5) days of the mailing.

Rule 3015-4 CHAPTER 12 PLAN

(a) Minimum Content Requirements. The Chapter 12 Plan proposed by the DIP shall strictly comply with the requirements of §1222 and contain such additional information to allow evaluation of §1225 confirmation. The following mandatory information shall be contained within the plan document:

(1) History of the Farming Operation.

(A) Prior income/expense statement; and

(B) Changes in the farming operation which justify plan feasibility.

(2) Post-petition activities

(A) Gross Income; less

(B) Living Expenses and

(D) Net disposable income.

(3) Classification of Claims - Administrative Claims

(A) Identity of administrative creditor;

(B) Amount of administrative claim;

(C) Demonstration of ability to immediately satisfy administrative claims on the effective date, unless claimant waives said right; and

(D) Provision for Trustee's fee pursuant to §1226(b)(2) as fixed by 28 U.S.C. §586(e)(1)(B).

(4) Classification of Claims - Priority Claims

(A) Identity of priority creditor;

(B) Type of claim giving rise to priority status under §507; and

(5) Classification of Claims - Secured Claims

(A) Separately classify each secured creditor;

(B) Description of affected collateral;

(D) Amount of secured claim; and

(E) Amount of scheduled claim.

(6) Classification of Claims - Unsecured Claims

(A) Identity of unsecured creditor; and

(B) Amount of unsecured claims.

(7) Treatment of Each Class

(A) Amount of disposable income devoted under the plan to each class of claimants;

(B) Terms of payments, including proposed interest rate and amortization;

(D) Specific dates for proposed payments to be made to each class.

(8) Term of the Plan - A Chapter 12 Plan shall be three (3) years or less in term unless the Court grants leave for a longer term pursuant to a request by motion of the DIP which cause set forth to justify such longer term. In no event shall the term of the plan exceed five (5) years. This limitation shall not apply to those matters set forth in §1222(b)(5) and (b)(9).

(9) Computation of Disposable Income

(A) Projected gross income, derived from both farm and non-farm sources; less

(B) Projected living expenses and

(D) Net disposable income.

(10) Commitment of Disposable Income - Statement that all future disposable income is committed to payments under the plan for the duration of its term.

(11) Executory Contracts and Unexpired Leases

(A) Assumption or rejection;

(B) Property or right involved;

(D) Term of said contract or lease;

(E) Party obligated under said contract or lease; and

(F) Amount owed and proposed method of payment on pre-petition default amounts.

(12) Lien Avoidance

(A) Description of property;

(B) Identity of creditor; and

(13) Surrendered Property

(A) Description of property;

(B) Creditor to which property will be surrendered;

(D) Value of property.

(14) Sale of any or all property of the estate

(A) Description of property;

(B) Value of property;

(D) Purchaser(s) of property, if known.

(15) Default Terms - Specific consequences upon the default of the DIP under the terms of the plan.

(16) Liquidation Analysis

(A) Liquidated value of each item of property of the estate; and

(B) Statement that each allowed unsecured claim will receive property of a value not less than the amount that would be paid on each claim if the estate were liquidated under Chapter 7.

(17) Payment Responsibility - Identity of party who will make the plan payments, including the name, address and telephone number of said party.

(18) Terms of Discharge - Statement that upon completion of performance under the plan the DIP is eligible for discharge, if indeed said DIP is eligible.

Rule 3015-5 AMENDMENTS TO CHAPTER 12 PLAN

Any amended Chapter 12 Plan shall be complete in and of itself and supersede all prior versions unless otherwise authorized by the Court upon request of the DIP. A separate pleading entitled "Summary of Amendments" shall accompany all amended plans. The summary shall state the changes made and the creditors affected by the amendments with reference to the original plan.

Rule 3015-6 NOTICE OF CHAPTER 12 CONFIRMATION HEARING

The Clerk shall prepare the notice of confirmation hearing. The DIP shall mail, to the matrix, the notice and plan within five (5) days of the entry of the notice of confirmation hearing. Proof of service shall be filed within five (5) days of the mailing.

Rule 3016-1 CHAPTER 11 PLAN

(a) Minimum Content Requirements. A Chapter 11 Plan shall contain the following information:

(1) Classification of Claims - Administrative Claims

(A) Identity of administrative creditor;

(B) Amount of administrative claim; and

(C) Demonstration of ability to immediately satisfy administrative claims on the effective date, unless claimant waives said right.

(2) Classification of Claims - Priority Claims

(A) Identity of priority creditor;

(B) Type of claim giving rise to priority status under §507; and

(3) Classification of Claims - Secured Claims

(A) Separately classify each secured creditor;

(B) Description of affected collateral;

(D) Amount of secured claim;

(E) Amount of scheduled claim; and

(F) Specific terms of any post-confirmation obligations assumed by the DIP.

(4) Classification of Claims - Unsecured Claims

(A) Identity of unsecured creditor; and

(B) Amount of unsecured claim.

(5) Impairment of Classes - declaration of which specific class is impaired and which are not impaired.

(6) Treatment of Each Impaired Class

(A) Amount of payment to each class;

(B) Terms of payments, including proposed interest rate and amortization;

(D) Specific dates for proposed payments to be made to each class.

(7) Term of the Plan - Statement setting forth duration of plan and maintenance of payments under said plan.

(8) Executory Contract and Unexpired Leases

(A) Assumption or rejection;

(B) Property or right involved;

(D) Term of said contract or lease;

(E) Party obligated under said contract; and

(F) Amount and proposed method of payment on pre-petition default amounts.

(9) Lien Avoidance

(A) Description of property;

(B) Identity of creditor; and

(10) Surrendered Property

(A) Description of property;

(B) Creditor to which property will be surrendered;

(D) Value of property.

(11) Property or Interest Retained by DIP

(A) Description of property;

(B) Disposition or usage of property; and

(12) Sale of Any or All Property of the Estate

(A) Description of property;

(B) Value of property;

(D) Purchaser of property, if known.

(13) Default Terms - specific consequences upon the default of the DIP under the terms of the plan.

(14) Liquidation Analysis

(A) Liquidated value of each item of property of the estate; and

(B) Statement that each impaired class will receive property of a value not less than the amount that would be paid on each claim if the estate were liquidated under Chapter 7, if said class has not accepted the plan or an election under §1111(b)(2) has not been exercised.

(15) Payment Responsibility - Identity of party who will make the plan payments, including the name, address and telephone number of said party.

Rule 3016-2 DISCLOSURE STATEMENT - GENERAL

(a) The proponent of the disclosure statement shall mail a copy of the disclosure statement in compliance with Fed R.Bankr.P. 3017(a) within three (3) days of filing. Within five (5) days thereafter, the disclosure statement proponent shall file a certificate of mailing evidencing compliance.

(b) Any amended disclosure statement shall be complete in and of itself and supersede all prior versions unless otherwise authorized by the Court upon request of the plan proponent.

(c) Notice of Disclosure Statement Hearing - The Clerk shall prepare and mail the notice of disclosure statement hearing.

Rule 3017-1 DISCLOSURE STATEMENT - APPROVAL

The disclosure statement formulated pursuant to §1125 filed pursuant to Fed.R.Bankr.P. 3016(c) and subject to Court approval in accordance with Fed.R.Bankr.P. 3017 should be constructed to sell the proposed plan of reorganization to affected creditors. As such, each disclosure statement filed with the Court must meet the following minimum requirements of disclosure before approval will be considered:

(a) Description of Business - The debtor must furnish information describing the nature of the business being reorganized under Chapter 11. This analysis must include the competitive conditions in the industry and the debtor's role in that industry. He must disclose whether or not he is dependent upon one or more customers or clients. Where the debtor is a licensed professional whose income is derived from providing services that are billed on an hourly rate, the debtor must provide information giving the creditor a good faith estimate of the number of clients, the anticipated services, the hourly rate, and the anticipated annual billings that will provide the source of his income. The Chapter 11 debtor should provide a description of the service to be rendered, location of principal and branch offices, employee staff and payroll and salaries of officers and directors. Any special property interests, such as patents, trademarks, licenses, or franchises should be disclosed and described.

(b) History of the Debtor - The Chapter 11 debtor should describe, in detail, his activities before filing, including the reasons for filing the Chapter 11. This history should be provided in a neutral, objective and noninflammatory manner. Litigation issues are to be described in an objective professional tone, free of any mischaracterization of the issues to be resolved in such litigation. Where possible, the debtor should provide an evaluation of the probable success of any litigation and its effect on the debtor's business or his plans for reorganization under Chapter 11.

(c) Financial Information - The debtor must provide a pre-petition statement of assets and liabilities together with a profit and loss analysis. The debtor must also provide financial information sufficient to inform the creditors of all liens, encumbrances, security interests, loans or other financial obligations which may impair the debtor or his assets.

(d) Description of the Plan - The plan of reorganization must be described in sufficient detail to give the creditors enough information to determine how their rights will be affected.

(e) How the plan is to be executed.

(f) Liquidation Analysis.

(g) Management to be retained and the compensation of the personnel retained.

(h) Projection of Operations - The debtor should provide the projection of operations subsequent to confirmation so that the Court may determine the feasibility of the plan. The debtor must provide sufficient financial information to determine if the projections for operations subsequent to confirmation are feasible. The debtor is required to make a full, clear and complete disclosure of all underlying assumptions. If the plan assumes an increase in income, the basis for this assumption must be set forth. If the future operations contain a risk of loss of income or anticipated financial instability, the factors that may cause a loss or diminution of income should be set forth.

(i) Litigation - All pending or contemplated litigation of whatever nature must be described fully, completely and in detail. Trial dates, where known, must be disclosed. Appeals, filed or contemplated, must be disclosed. The disclosure statement must include a professional evaluation of the probable success of any pending or contemplated litigation.

(j) Transactions with Insiders - The disclosure statement must describe fully, completely and in detail all transactions with insiders. If there are no such transactions, debtor must so state.

(k) Tax Consequences - The disclosure statement must reveal the probable tax consequences if the Chapter 11 Plan is confirmed. If there are no tax consequences, the disclosure statement must contain an affirmative statement of that fact.

Rule 3017-2 DISCLOSURE STATEMENT - SMALL BUSINESS CASE

In a case where the debtor has elected to be considered a small business pursuant to §1121(e), the Court may, after independent review of a disclosure statement filed, enter an order conditionally approving the disclosure statement. All disclosure statements so approved will be considered for final approval at the same time as the hearing on the confirmation of the plan.

Rule 3018-2 ACCEPTANCE/REJECTION OF CHAPTER 11 PLAN

The plan proponent shall file a summary of all ballots accepting or rejecting a proposed plan at least five (5) days prior to the scheduled confirmation hearing, unless the Court orders otherwise.

Rule 3019-1 AMENDMENTS TO CHAPTER 11 PLAN

Any amended Chapter 11 Plan shall be complete in all respects and supersede all prior versions. A separate pleading entitled "Summary of Amendments" shall accompany all amended plans. The summary shall state the changes made and the creditors affected by the amendments with reference to the original plan. This rule may be waived upon request of a party in interest.

Rule 3020-1 CHAPTER 11 CONFIRMATION

(a) Notice of Confirmation Hearing. The Clerk shall prepare the notice of confirmation hearing and the plan proponent shall mail, to the matrix, the notice, the plan, a ballot, and the approved disclosure statement, in compliance with Fed.R.Bankr.P. 3017(d), within five (5) days of the entry of the notice of confirmation hearing. Proof of service shall be filed within five (5) days of the mailing.

(b) Implementation Order. Upon confirmation, the Court shall enter an implementation order pursuant to §1142 as a part of the confirmation order. The post-confirmation debtor shall be required to comply with the mandates of the implementation order.

Rule 3022-1 CHAPTER 11 FINAL REPORT/DECREE

The plan proponent shall file a Final Report, with certificate of service, within six (6) months after plan confirmation or within thirty (30) days after substantial consummation, whichever is earlier. This may be a Final Report and Application for Final Decree, if the estate is fully administered in accordance with Fed.R.Bankr.P. 3022. The plan proponent shall conform to the Final Report and Application for Final Decree form established by the Court. Copies of the form are available from the Clerk's Office.

PART IV. THE DEBTOR: DUTIES AND BENEFITS

Rule 4002-1 DEBTOR'S DUTIES

(a) Duties of Chapter 11 DIP

(1) Chapter 11 Status and Scheduling Conference. A Chapter 11 Status and Scheduling Conference shall be set and conducted in all Chapter 11 proceedings. The conference shall be noticed and conducted by the Court. The DIP and counsel for the DIP shall appear at the conference prepared to answer inquiries from the Court concerning the status of the case and anticipated plans for reorganization.

(2) Reporting and Noticing Duties

(A) The DIP shall comply with all reporting requirements established by the UST. See also LBR 3022-1.

(B) After the mailing of the §341 meeting notice by the Court, the DIP will be responsible for the mailing of all subsequent notices and reports to interested parties unless otherwise noted herein.

(b) Duties of the Chapter 12 DIP

(1) Chapter 12 Status and Scheduling Conference. A Chapter 12 Status and Scheduling Conference shall be set and conducted in all Chapter 12 proceedings. The conference shall be noticed and conducted by the Court. The DIP and counsel for the DIP shall appear at the conference prepared to answer inquiries from the Court concerning the status of the case and anticipated plans for reorganization.

(2) Reporting and Noticing Duties. The DIP shall comply with all reporting requirements established by the Standing Trustee. Said reports shall be on the forms prescribed and furnished by the Standing Trustee.

(3) Filing of Tax Returns. The DIP shall file with this Court copies of federal income tax returns for the tax year immediately preceding the year of the filing of the bankruptcy petition no later than the date set for the initial meeting of creditors.

(c) Duties of the Chapter 13 Debtor - A Chapter 13 Debtor shall submit to the Standing Trustee a monthly income/operating report on forms prescribed by the said Trustee. Debtor shall comply with all reporting requirements of the Standing Trustee.

Rule 4003-1 EXEMPTIONS

Objections to Exemptions may be set for hearing by the Clerk and the Clerk shall issue notice of hearing and provide in the notice the following language unless otherwise directed by the Court:

IF YOU DISAGREE WITH THE OBJECTION YOU SHOULD FILE A WRITTEN RESPONSE WITH THIS COURT WITHIN 15 DAYS OF THE SERVICE OF THE NOTICE AND ATTEND THE HEARING. PARTIES SHOULD BE PREPARED TO PRESENT TESTIMONY, OFFER EXHIBITS AND DISCUSS LEGAL AUTHORITIES.

IF THE PARTIES WISH TO PRESENT TESTIMONY, THEY SHALL NOTIFY THE COURTROOM DEPUTY AND OPPOSING COUNSEL, IN WRITING, FIVE (5) DAYS PRIOR TO THE HEARING. THE COURT MAY RULE ON THE MATTER AT THE HEARING.

Rule 4003-2 LIEN AVOIDANCE

(a) Motions to Avoid Liens shall be filed prior to the expiration of the discharge bar date in a Chapter 7 case and prior to or with the plan in a Chapter 11, 12 or 13 case. These motions will be ruled upon at the end of the fifteen (15) day period in which to object or will be set for hearing at the time of confirmation.

(b) These motions shall be filed separately and shall not be incorporated into the plan in a Chapter 11, 12 or 13 case.

Rule 4004-1 DISCHARGE

Upon compliance with all prerequisites, and unless otherwise provided for by the Bankruptcy Rules and Code, a discharge order shall be entered by the Court and mailed by the Clerk to all parties listed on the current matrix.

Rule 4008-1 REAFFIRMATION

(a) Reaffirmation hearings may be conducted by the Court upon the request of counsel, for the benefit of all pro se debtors entering into such agreements, or if the agreement is filed after a discharge has been granted.

(b) Reaffirmation agreements shall contain the following information:

(1) Amount the debtor is reaffirming;

(2) Collateral, if any, and if there is no collateral, the agreement shall so state;

(3) The terms of the Reaffirmation agreement, i.e., number of payments, interest rate, etc.;

(4) Monthly payment;

(5) Declaration by the attorney, if debtor is represented by an attorney, stating that the reaffirmation agreement does not impose an undue economic hardship upon the debtor;

(6) The agreement shall contain a clear and conspicuous statement which advises the debtor that the agreement may be rescinded at any time prior to discharge or within sixty days after such agreement is filed with the court, whichever is later, by giving notice of rescission to the holder of the claim;

(7) The agreement shall contain a clear and conspicuous statement which advises the debtor that such agreement is not required;

(8) A statement that the attorney has advised the debtor of the legal effect and consequences of the reaffirmation agreement and any default under the agreement; and

(9) Creditor's address.

PART V. COURT AND CLERKS

Rule 5001-1 COURT ADMINISTRATION

(a) Voice Case Information System (VCIS). The Bankruptcy Court employs a VCIS system which allows the public to access certain case information from the Court's computer system by use of a touch tone telephone. To access this system:

Step One -- Dial (918) 756-8617.

Step Two -- Enter the name of the case participant using the telephone keypad. Enter the last name followed by the first name. Use the number "1" key for the letters "Q" and "Z." If participant is a corporation or company, enter the name as written, without "Inc." or "Corp."

Step Three -- Press the "#" key.

Step Four -- The synthesized voice of the computer will provide essential case information.

The VCIS is available for use seven days a week, all hours, except 7:30 a.m. to 8:30 a.m.

(b) Public Access to Court Electronic Records (PACER). This system allows viewing or downloading of docket sheets and claims registers, listing of cases filed the previous day and searches for basic case information, such as case number, debtor's name and social security number, filing date and chapter under which relief is sought. Hardware requirements are computer terminal, 2400 baud modem, hard disk and printer. For PACER registration and cost information call 1-800-676-6856.

(c) File Searches. Telephone requests are accepted for basic information contained on computer database. More involved requests shall be in writing or in person. Extensive searches shall not be performed by the Clerk's Office.

Rule 5001-2 CLERK - OFFICE LOCATION/HOURS

(a) Location of the Court. The Bankruptcy Court is located in the U. S. Post Office and Courthouse Building at 111 W. 4th Street (corner of 4th and Grand Streets) in Okmulgee, Oklahoma. This is the address that should be used for all deliveries.

(b) Correspondence. All correspondence shall be addressed to:

Clerk of the Court

U. S. Bankruptcy Court

P. O. Box 1347

Okmulgee, Oklahoma 74447

(c) Business Hours. Business and telephone hours are from 8:30 a.m. to 4:30 p.m. on all days except Saturdays, Sundays and legal holidays.

(d) Telephone and FAX Numbers. The Clerk's Office may be reached at the following telephone and FAX numbers:

(918) 758-0126 - Clerk's number

(918) 756-9248 - FAX number

Rule 5003-2 REMOVAL OF COURT PAPERS

Review of files, docket sheets or other records shall be performed in the Clerk's Office.

Rule 5005-2 FILING OF PAPERS - NUMBER OF COPIES

All papers filed require an original and three (3) copies for Court use. Those parties requiring a file-stamped duplicate shall provide the additional copy and a self-addressed, stamped envelope.

Rule 5005-3 FILING OF PAPERS - SIZE OF PAPERS

All pleadings shall be on 8-1/2" by 11" paper, double spaced and typed on one side only. Oversized documents will not be accepted.

Rule 5005-4 ELECTRONIC FILING

Documents in adversary proceedings may be filed via facsimile in court-approved emergencies, provided the transmission identifies the sender and the filer attests that the faxed signature is authentic. The facsimile document will be filed in the case and will constitute an original document. Documents requiring a filing fee will not be processed until arrangements for payment have been made. Fed.R.Civ.P. 5 is made applicable by Fed.R.Bankr.P. 7005.

Rule 5071-1 CONTINUANCES

(a) Requests for continuances shall be sought by application and may be granted without a hearing. Any such application must contain:

(1) An averment that opposing counsel does or does not have an objection;

(2) A statement explaining the reason for the request;

(3) The matter set for hearing and the date scheduled for the hearing;

(4) Amount of time requested for continuance; and

(5) Proposed order enclosed with application.

(b) Written applications must be filed five (5) days before the scheduled hearing. Telephone requests will not be honored except for true emergencies after notification to opposing attorney or pro se debtor. All questions regarding scheduling matters should be referred to and handled by the Law Clerk.

(c) Continuances of §341 meetings are under the authority of the United States Trustee; therefore, any continuance filed with this Court must be signed by the Trustee to affect a change in the Court's records.

5080-1 FEES - GENERAL

(a) Every petition shall be accompanied by the filing fees prescribed by 28 U.S.C. §1930(a)(1)-(a)(5).

(b) Fees for services shall be charged in accordance with 28 U.S.C. §1930(b).

(c) Any document presented for filing without proper provision for payment of filing fees may not be accepted for filing by the Clerk's offfice.

See also 1006-1, 5081-1.

Rule 5081-1 FEES - FORM OF PAYMENT

All fees shall be paid by cash, checks from attorneys or their firm, cashier's checks or money orders payable to "Clerk, U. S. Bankruptcy Court." Money orders and checks for fees shall be for the exact amount due. Payments in cash must be exact as the Clerk's Office is not allowed to make change. No personal checks will be accepted from a debtor for filing fees. Checks shall be refused by the Clerk from firms or individuals who have previously tendered checks which have been returned for insufficient funds. Checks may not be back-dated.

PART VII. ADVERSARY PROCEEDINGS

Rule 7001-1 ADVERSARY PROCEEDING - GENERAL

(a) An adversary proceeding is commenced by filing a complaint, cover sheet (L.F. 1), and appropriate filing fee set forth in 28 U.S.C. §1930.

(b) The parties will receive the Court's Instructions Governing Adversary Proceedings and shall be required to comply with the provisions contained therein.

(c) A scheduling conference shall be conducted by the Court to set forth time limitations and discuss preliminary issues with regard to the pending adversary. The scheduling conference will be held telephonically unless otherwise ordered by the Court. The Clerk shall send the notice of the scheduling conference to all parties.

Rule 7007-1 MOTION PRACTICE IN ADVERSARY PROCEEDINGS

See LBR 9013-1(a).

Rule 7016-1 PRETRIAL PROCEDURES

(a) The pretrial conference shall be for the discussion of all issues between the parties and preparation of the case for trial. Counsel for the plaintiff and defendant and any pro se litigants who will conduct the trial shall attend the pretrial. Failure to attend the pretrial conference may result in the dismissal of the case.

(b) At pretrial, the Court shall establish the due dates for the final exhibit and witness lists, pretrial order, proposed findings of fact and conclusions of law and trial briefs. The Court shall also set a trial date.

(c) A pretrial order shall be submitted after pretrial. Counsel for plaintiff is responsible for preparing the pretrial order and all counsel shall cooperate in preparation of the order. The order shall follow the form contained in the Court's Instructions Governing Adversary Proceedings.

(d) The parties should be prepared to discuss the possibility of settlement at the pretrial conference. In addition, the parties should discuss prior to the pretrial whether a settlement conference would be beneficial to the parties.

(e) Prior to the trial, counsel shall mark all exhibits and provide sufficient copies for opposing counsel, and two (2) copies for the Judge. Plaintiff's exhibits shall be marked numerically. Defendant's Exhibits shall be marked alphabetically. Each counsel shall also provide the Court Recorder Deputy with a list containing the names and addresses of each witness and a list of exhibits set forth sequentially in the order intended to be identified and admitted.

See LBR 9016-2 and 9070-1.

Rule 7026-1 DISCOVERY - GENERAL

(a) Discovery requests, responses and documents shall be exchanged between the parties but not filed with the Court.

(b) Motions filed pursuant to Fed.R.Bankr.P. 7026 and Rule 7037, will not be considered unless movant has served a request for the desired discovery upon opposing counsel and that request has not been addressed or has been denied. A motion to compel discovery shall state such request has been served and remains unfulfilled. All motions to compel and responses thereto, as well as objections to requests for production of documents, for admissions or interrogatories shall have a copy of the request attached.

Rule 7027-1 DEPOSITIONS AND EXAMINATIONS

See LBR 2004-1.

Rule 7055-1 DEFAULT - FAILURE TO PROSECUTE

Motions for Default Judgment shall contain the fifteen (15) day notice language set forth in LBR 9013-1(a) and the motion shall be mailed to the debtor and the debtor's attorney, if applicable.

PART VIII. APPEALS

Rule 8001-1 NOTICE OF APPEAL

(a) An appeal is commenced by filing a notice of appeal and appropriate filing fee set forth in 28 U.S.C. §1930 and a docketing statement unless an election is made under 8001-3(b).

(b) Appellant must attach to the notice of appeal a file stamped copy of the Bankruptcy Court order or judgment from which the appeal is taken. Every notice of appeal must be signed by counsel for the appellant or, if unrepresented by counsel, each appellant must sign personally.

(c) The docketing statement must substantially comply with the form prescribed by 10th Cir. BAP L.R. Appendix A, Form 2 unless an election is made under 8001-3(b).

Rule 8001-3 ELECTION FOR DISTRICT COURT DETERMINATION OF APPEAL

(a) All appeals are to the United States Bankruptcy Appellate Panel of the Tenth Circuit unless an election is made under 8001-3(b).

(b) If appellant elects to have the appeal heard in District Court pursuant to 28 U.S.C. §158(c)(1) that fact must be stated clearly in a separate pleading which must be filed with the notice of appeal. Any other party electing to have the appeal heard in the District Court must serve and file a separate pleading clearly stating the election no later than thirty (30) days from service of the notice of appeal. Any appellee filing a paper other than a docketing statement, waives the time remaining in the thirty-day period to elect to have the appeal heard in District Court.

(c) A party's initial election under 28 U.S.C. §158(c)(1) is binding on cross appeals by that party from the same order or judgment, unless otherwise ordered by the Court.

Rule 8006-1 DESIGNATION OF RECORD

(a) Designation of Record and Statement of the Issues to be presented if an election is made under 8001-3(b). The record for appeal shall be designated and prepared in accordance with Fed.R.Bankr.P. 8006 within ten (10) days after filing the notice of appeal or cross appeal. Within ten (10) days after the service of the appellant's statement of issues the appellee may file a designation of additional items to be included in the record on appeal. Additionally, the designation of record shall state the date of filing of each item designated and the docket sheet document number for the designated item.

(b) Designation of Record and Statement of the Issues to be presented, if an election is not made under 8001-3(b). Once the parties have designated the record on appeal pursuant to Fed.R.Bankr.P. 8006, they need not provide a copy of the items designated to the Clerk of the Bankruptcy Court.

Rule 8007-1 COMPLETION OF RECORD ON APPEAL

Within ten (10) days after filing the notice of appeal, appellant must order from the Court Recorder Deputy the parts of the transcript that will be needed on appeal that are not already on file. Fed.R.App.P.10(b). If no transcript is needed, appellant must file a written statement to that effect with the Clerk of the Bankruptcy Court. Use of 10th Cir. BAP L.R. Appendix A Form 5 is required if no election is made under 8001-3(b). When appellant orders less than the entire transcript, appellant must file and serve on the appellee a description of the parts of the transcript that have been ordered and a statement of the issues that he or she intends to present on appeal. Appellee has twenty (20) days after service to file and counter-designate additional parts of the transcript and place an appropriate transcript order with the Court Recorder Deputy. All transcript orders must have sufficient payment attached.

Rule 8016-2 ENTRY OF JUDGMENT BY CLERK OF DISTRICT COURT OR BAP

Appellant shall notify the Bankruptcy Court of all appeals taken from the U. S. District Court or Bankruptcy Appellate Panel to the Tenth Circuit Court of Appeals by filing a copy of the notice of appeal with the Bankruptcy Court. Appellant shall also file a copy of the final disposition with the Bankruptcy Court.

PART IX. GENERAL PROVISIONS

Rule 9001-1 DEFINITIONS

(a) An "agreed order" means any proposed order that is approved and executed by all "interested persons" or their counsel.

(b) An "application" means a request for relief which requests ex parte, emergency relief or relief which may be entered without notice to opposing parties. See LBR 1006-1, 2016-1 ,and 9013-4.

(d) "Effective date" means that date after the confirmation of a Chapter 11 Plan of Reorganization when all post-petition, pre-confirmation expenses have been paid in full.

(e) A "Final Account" means report filed by the Trustee indicating that the estate's custodial account no longer contains funds in need of distribution and that all checks issued on said account have cleared the bank.

(f) A "Final Report" means report filed by the DIP/Trustee which sets forth gross income brought into the estate (itemized by source and amount), gross disbursements (itemized by source and amount in accordance with 11 U.S.C. §507) and indicating the balance on hand, if any. The Final Report shall also set forth all requests by professionals for compensation and reimbursement of expenses.

(g) "Interested persons" means the Trustee/DIP, UST, and/or those persons whose pecuniary interests may be affected by a dispositive ruling of this Court, as determined by the party requesting relief.

(h) A "Local Rule" means a Local Rule promulgated by this Court.

(i) "Matrix" means the official mailing list prepared in compliance with these Local Rules by the debtor for the Clerk to use in noticing the §341 meeting and for the Clerk and other parties to utilize in noticing interested persons. Debtor is solely responsible for its accuracy.

(j) A "motion" is a request for relief which may not be obtained without notice and opportunity to all parties in interest. See LBR 9013-1.

(k) A "proposed order" means an order which must accompany all requests for relief, or an order to be prepared by the prevailing party in a contested matter, which contains findings and conclusions sufficient to comply with the applicable Code sections and the Court's rulings.

(l) "§341 meeting" means the intital meeting of creditors.

Rule 9003-1 EX PARTE CONTACT

Do not address any general correspondence to the Judge of the Bankruptcy Court.

Rule 9004-1 PAPERS - REQUIREMENT OF FORM

(a) Requirements for all Pleadings

(1) Each notice, application or motion shall contain appropriate authority by Code section or by Rule.

(2) Each application, unless otherwise specified, notice and motion shall contain a certificate of mailing or service to interested parties.

(b) Each pleading shall contain only one request for relief. The exception to this rule will be motions requesting combined relief pursuant to §362, §554 and, alternatively, §361.

See also LBR 5005-2, 9004-2 and 9011-4.

Rule 9004-2 PAPERS - CAPTION

Required information - Each pleading filed shall set forth:

(a) The name of the court;

(b) Complete title of the case, including social security and/or employer identification numbers;

(d) Specific chapter below case number;

(e) Title designating the nature of the pleading; and

(f) A pleading that fails to identify the case or adversary proceeding in which it is to be filed will not be accepted by the Clerk's office.

Rule 9010-1 ATTORNEYS - NOTICE OF APPEARANCE

Whenever a party has appeared by an attorney, that party cannot appear or act thereafter in its own behalf in the action, or any related action including adversary proceedings, or take any steps therein, unless an order of substitution first shall have been made by the Court after notice to the attorney of each such party and to the opposite party. However, notwithstanding that such party has appeared or is represented by an attorney, at its discretion, the Court may hear a party in open court. The attorney who has appeared of record for any party shall:

(a) Represent such party in the action;

(b) Be recognized by the Court and by all parties to the action as having control of the client's case; and

Rule 9011-4 SIGNATURES

Each pleading shall contain an original signature of the attorney or party filing the pleading. All signatures shall include the complete name, address, phone number, facsimile number, if applicable, and bar number, if applicable, typed or printed below the subscription.

Rule 9013-1 MOTION PRACTICE

(a) Motions shall contain the following language:

IF YOU OBJECT TO THE MOTION, YOU SHOULD FILE A WRITTEN RESPONSE WITH THIS COURT WITHIN 15 DAYS OF THE SERVICE OF THE MOTION OR THE COURT MAY GRANT THE RELIEF REQUESTED WITHOUT A HEARING.

(b) If an objection is filed, the Clerk may set the matter for hearing and issue the notice of the hearing and will provide in the notice the following language unless otherwise directed by the Court:

THIS MATTER IS SET FOR HEARING. INTERESTED PARTIES SHOULD ATTEND AND BE PREPARED TO PRESENT LEGAL ARGUMENT. THE COURT WILL NOT HEAR TESTIMONY.

IF THE PARTIES WISH TO PRESENT TESTIMONY, THEY SHALL NOTIFY THE COURTROOM DEPUTY AND OPPOSING COUNSEL, IN WRITING, FIVE (5) DAYS PRIOR TO THE HEARING. THE COURT MAY RULE ON THE MATTER AT THE HEARING.

Rule 9013-4 APPLICATIONS

(a) The Court may set the application for hearing or may grant the relief without a hearing.

(b) If the Clerk sets the application for hearing, the Clerk shall issue the notice of hearing.

(c) If the Court sets the application for hearing, the applicant and opponent should be prepared to present witnesses, evidence and legal argument at the hearing. If the applicant and/or opponent are going to present evidence, each party shall notify the Courtroom Deputy and opposing counsel, in writing, five (5) days prior to the hearing to ensure both parties are prepared for the hearing.

(d) Relief which may be sought by application includes, but is not limited to:

(1) Application to Pay Filing Fee in Installments;

(2) Application for Employment of Professionals;

(3) Application for Entry of Final Decree on Consummation of Chapter 11 Plan;

(4) Application for Appointment of Creditors' Committee;

(5) Application for Compensation for Services Rendered and Reimbursement of Expenses;

(6) Application by U.S. Attorney or attorney appointed by the Court for Notice as to Criminal Contempt;

(7) Application for Removal; and

(8) Application to Shorten Time for Notice.

Rule 9015-1 JURY TRIALS

(a) Issues triable of right by jury shall, if demanded, be by jury.

(b) Any party may demand a trial by jury of any issue triable by a jury by-

(1) serving upon the other parties a demand therefor in writing at any time after the commencement of the action and not later than ten (10) days after the service of the last pleading directed to such issue, and

(2) filing the demand as required by Fed.R.Bankr.P. 5005. Such demand may be indorsed upon a pleading of a party. If so indorsed, the demand shall be set forth separately, at the end of the pleading.

(c) In the demand, a party may specify the issues which the party wishes so tried; otherwise the party shall be deemed to have demanded trial by jury for all the issues so triable. If the party has demanded trial by jury for only some of the issues, any other party within ten (10) days after service of the demand or such lesser times as the Court may order, may serve a demand for trial by jury of any other or all of the issues of fact in the action.

(d) The party making the demand for a trial by jury, shall in the request state the legal authority for a trial by jury.

(e) The failure of a party to serve and file a demand for jury trial may constitute a waiver by the party of a trial by jury. A demand for trial by jury may not be withdrawn without the consent of the parties.

(f) If the right to a jury trial applies and a timely demand has been filed under Rule 38(b), Fed.R.Civ.P., the parties may consent to have a jury trial conducted by the Bankruptcy Judge under 28 U.S.C. §157(e) by jointly or separately filing a statement of consent no later than thirty (30) days following the initial demand for jury trial.

(g) Settlement or other disposition of the case other than by trial must be given to the Clerk of the Bankruptcy Court in writing not less than three (3) days prior to the jury trial setting. Upon failure to give the required notice, the Clerk shall assess jury costs against the parties and counsel, not to exceed thirty dollars ($30.00) for each prospective juror reporting for service.

Rule 9016-2 WITNESSES

Prior to a trial or evidentiary hearing, each counsel shall provide the Court Recorder Deputy with a list containing the name and address of each witness.

See also LBR 7016-1(e).

Rule 9021-2 JUDGMENTS AND ORDERS

Prior decisions of the U. S. Bankruptcy Court for the Eastern District of Oklahoma are available for research and inspection in the law library located in the Judge's Chambers.

Rule 9070-1 EXHIBITS

(a) Prior to a trial or evidentiary hearing, counsel shall mark all exhibits, provide sufficient copies to opposing counsel, and submit 2 copies of the exhibits for the Judge. The party should have an original set of exhibits to present to the Court Recorder Deputy at the trial or hearing. Plaintiff's exhibits shall be marked numerically. Defendant's exhibits shall be marked alphabetically. Each counsel shall provide the Court Recorder Deputy with a list of their respective exhibits set forth sequentially in the order intended to be identified and admitted.

(b) Exhibits not reclaimed within one month of a final order, judgment or conclusion of appeal activity shall be returned to the party offering the exhibits.

See also LBR 7016-1(e).

Rule 9072-1 PROPOSED ORDERS

A proposed order granting the relief requested shall be presented to the Clerk when a motion is filed.

Rule 9073-1 STATUS HEARINGS

Status hearings will be conducted periodically for the purpose of efficient case administration. Failure to comply with filing requirements set forth in the U. S. Bankruptcy Code, the Bankruptcy Rules, the Local Rules or any order or instructions from the Court may result in the cause being placed on the status hearing docket. The Court may schedule such hearings as are necessary to prevent delay in case administration with at least five (5) days notice.

UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF OKLAHOMA

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UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF OKLAHOMA

Filing Information

Forms

Case Information

Contact Information

Help Desk

Training and Education

Other Information

UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF OKLAHOMA