Local Rules - New York Bankruptcy Courts

New York Bankruptcy Courts maintain extensive local rules of court. Many of these local rules are standardized across the country and provide further clarification and instructions for administrative responsibilities of attorneys. For instance, instructions on filing additional declarations and required data are not included within the U.S. Bankruptcy Code, but are however routinely published by the Clerk of the Court in the form of standing local rules.

Local rules also may include unique location specific instructions applicable only to a particular New York Bankruptcy District, Division, County, City, or Judge. All debtors filing pro se must also obey local rules regardless of actual notice of content or subsequent amendments. Any violation subjects a case to dismissal. Copies of the New York Bankruptcy Local Rules are available from the Clerk of the Court.

Examples of Rules which may apply:

Commencement of Case; Proceedings Relating to Petition and Order for Relief:

• Fees - Installment Payments
• Lists, Schedules & Statements
• Mailing - List or Matrix
• Amendments to Lists and Schedules
• Petition -Involuntary for New York bankruptcy
• Joint Administration/Joinder
• Dismissal or Suspension - Case or Proceedings
• Conversion - Procedure Following

Officers and Administration; Notices; Meetings; Examinations; Elections:

• Notice to Creditors & Other Interested Parties
• Meeting of Creditors & Equity Security Holders
• Depositions and Examinations
• Trustees - Chapter 12
• Trustees - Chapter 13
• Compensation of Professionals in New York bankruptcy
• Chapter 12 - General

Claims and Distribution to Creditors and Equity Interest Holders; Plans:

• Filing Proof of Claims or Interest
• Chapter 13 - Confirmation
• Chapter 11 - Plan
• Disclosure Statement - Approval
• Acceptance/Rejection of Plans in New York bankruptcy
• Chapter 11 - Confirmation

The Debtor: Duties and Benefits:

• Automatic Stay - Relief From

Courts and Clerks:

• Clerk - Office Location/Hours
• Clerk - General Authority
• Disqualification for New York bankruptcy
• Filing Papers - Requirements
• Filing Papers - Number of Copies
• Filing Papers - Size of Papers
• Electronic Filing and Noticing
• Withdrawal of Reference
• Courtroom Decorum
• Clerk - Delegated Function of
• Fees - General
• Fees - Form of Payment

Collection and Liquidation of the Estate

• Sale of Estate Property in New York bankruptcy
• Tax Returns & Tax Refunds.

Adversary Proceedings:

• Adversary Proceedings - General
• Cover Sheets
• Summons
• Motion Practice in Adversary Proceedings
• Pre-trial Procedures
• Discovery - General
• Assignment of Adversary Proceedings
• Joinder of Adversary Proceedings - Separate Trial
• Summary Judgment
• Injunctions
• Registry Fund

District Court Cases:

• District Court New York Bankruptcy Rules
• Bankruptcy Appeal Procedures

General Provisions:

• Ex Parte Contact
• General Authority to Regulate Notices
• Attorneys - Duties
• Motion Practice
• Contested Matters
• Alternative Dispute Resolutions (ADR)
• Local Rules - District Court
• Submission of Files to the District Court
• United States Trustee Guidelines for Chapter 11 Cases
• Exhibits

Daily operation and administration procedures for New York Bankruptcy Courts are determined by the Administrative Office of US Courts. The judicial power of Judges is determined by Federal Law, which is derived primarily from the US Constitution and the US Code. Additional clarification of judicial power is provided by court decisions, Federal rules, and Local Rules.

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