Earlier this month, the U.S. Bankruptcy Court for the District of Delaware (the “Delaware Bankruptcy Court”) released an update to the Local Rules for the United States Bankruptcy Court District of Delaware (Effective February 1, 2017) (the “Local Rules”). According to Local Rule 1001-1(e), the 2017 version of the Local Rules governs all cases or proceedings filed after February 1, 2017, and also applies to proceedings pending on the effective date, except to the extent that the Court finds that it would not be feasible or would work an injustice.
A summary of the amendments is below:
New LR 3016-1 – Requires any amended Plan or Disclosure Statement to include a redline showing changes from the previous version.
New LR 9029-2 –Cross-Border Insolvency Matters – refers to new Part X of the local rules.
New LR 9033-1 – Transmittal to District Court of Proposed Findings of Fact and Conclusions of Law.
New Part X – Guidelines for Communication and Cooperation Between Courts in Cross-Border Insolvency Matters.
Rule 2002-1(f)(viii) – The amendment requires the claims agent to make the complete Proof of Claim and attachments “viewable and accessible by the public”.
Rule 2016-2(e)(iii) – adds language allowing $0.80 per page for color copy charges (B&W remains $0.10 per page). Outgoing fax charges reduced from $1.00 per page to $0.25 per page.
Rule 3023-1(b)(i)(B) – new sub-section on Nonstandard Plan Provisions added.
Rule 9013-1 – Motions and Applications – numerous language changes throughout the Rule.
(a) – New subsection stating that exhibits entered into evidence must be retained by counsel until the later of the closing of the main case or entry of a final non-appealable order.
(b) – Parties must make exhibits admitted into evidence available to any other party at its expense (subject to confidentiality).
(c) – Motions to seal do not require a motion to shorten notice, objections may be presented at the hearing.
A link to the 2017 Local Rules can be found here. In addition, a redline reflecting the changes between the 2016 and 2017 Local rules can be found here.
Carl D. Neff is a partner with the law firm of Fox Rothschild LLP. You can reach Carl at (302) 622-4272 or at email@example.com.