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Comments requested for proposed Local Rules

Tuesday, July 30, 2019

The court has posted a revised draft of the local rules dated 8/8/19.  Please take time to review and submit comments or suggestions by August 30 to  Local rules must be approved by the Eleventh Circuit, so any changes will not go into effect until late this year at the earliest.  The changes from the 4/4/19 draft circulated earlier this year are:
Local Rule 1007-1: The court clerk will provide a form to be used when adding or deleting creditors from the creditor list.  Only the changes will be submitted—not the entire list.
Local Rule 1007-2—Rewording of current Local General Order 7.  If the creditor matrix is not filed with the petition, the debtor is responsible for serving the notice of bankruptcy on all creditors and filing a certificate of service.
Local Rule 1009-1:  No motion is required to amend a schedule or list, even to add a creditor.  The debtor is responsible for serving the notice of commencement and amended schedule on the added creditor.  The addition of a creditor constitutes a representation that the claim arose prepetition.
Local Rule 5003: Transcripts are available only to the parties or for viewing at the clerk’s office for the first 90 days to allow time for redaction requests per Judicial Conference policy.
Local Rule 5005: No fax or email filings.
Local Rule 9007-1: The list of specific motions which can be filed negative notice is deleted; the judges will instead create a separate administrative order setting out the categories.  This will avoid the need to revise the local rules (and obtain Eleventh Circuit approval) every time there is a change.  The negative notice language and procedure remain the same.
Local Rule 9011-1: In addition to the current local rule that debtors must sign petitions and schedules in ink and that counsel must keep the originals for 6 years, the originals of affidavits or other verified documents must be kept for a year after conclusion of the matter.