Bankruptcy Rule

Original Rule

Change to Rule

Bankr. S.D.N.Y. R. 1002-1: Filing of Petition

Rule requires petitions be filed in any office of the Clerk or by electronic means established by the Court.

New subsection (b) requires, if practicable, advance notice to the US Trustee and Clerk of any Chapter 11 or Chapter 15 filings (without disclosing the identity of the debtor) and of any contemplated filings seeking immediate relief.

Bankr. S.D.N.Y. R. 2002-2: Notice of Proposed Action or Order When Not Proceeding by Motion

Rule establishes Court procedures for whenever "notice and a hearing" are specified by the Bankruptcy Code or Bankruptcy Rules but a motion is not mandatory.

To be moved and combined with SDNY Local Bankruptcy Court Rule 9074-1.

Bankr. S.D.N.Y. R. 3011-1: Disposition of Unclaimed Funds Under a Confirmed Chapter 11 Plan

None.

A new rule requiring Chapter 11 plans to provide for the distribution of any unclaimed property that cannot be distributed under section 347(b) of the Bankruptcy Code, by either reallocating it under the absolute priority rule, or under the plan's distribution scheme, or donating it to a not-for-profit, non-religious organization. 

Bankr. S.D.N.Y. R. 3018-1: Certification of Acceptance or Rejection of Plans in Chapter 9 and Chapter 11 Cases

Rule requires the certification of the amount and number of allowed claims or allowed interests of each class accepting or rejecting a Chapter 9 or Chapter 11 plan at least seven days before the confirmation hearing.

The amendment requires the certification to include any uncounted ballots. 

Bankr. S.D.N.Y. R. 3021-1: Post-Confirmation Requirements in Chapter 11 Cases

Rule requires plan proponent to submit a proposed timetable for achieving substantial consummation of the Chapter 11 plan within 14 days of the confirmation order.

The amendment requires a liquidating trustee or successor trustee to a post-confirmation liquidating, or similar trust, to include in the liquidating plan specific steps the trustee will take to "monitor and ensure the safety of the trusts' assets."

Bankr. S.D.N.Y. R. 5075-1: Clerk's Use of Outside Services and Agents; Claims and Noticing Agents

Rule governs a Clerk's use of outside services and agents and the estate's retention of a claims and noticing agent.

The amendment requires, under SDNY Local Bankruptcy Court Rule 5075-1(c), the Clerk to provide public access to the Claims Registers, including complete proofs of claim with attachments, if any, without charge. 

New subsection (d) additionally requires that the order providing for the retention of the agent must provide for the discharge of the agent at the conclusion of the case and the disposition of any records, documents and the like, that have been provided or delivered to the agent, consistent with existing procedures and requirements.

Bankr. S.D.N.Y. R. 7052-1: Proposed Finding of Facts and Conclusions of Law

Rule governs submissions of proposed findings of fact and conclusions of law. Parties may submit counter-findings and conclusions of law by right. The record on appeal shall not include proposed findings and conclusions, unless otherwise ordered by the Court.

The Court must approve the submission of counter-findings and conclusions of law. 

Also, the amendment removes language that limited the content of the record on appeal.

Bankr. S.D.N.Y. R. 8010-1: Notice to the Bankruptcy Court of the Filing of a Preliminary Motion with an Appellate Court

None. 

New rule requiring preliminary motions, as defined under Federal Rule of Bankruptcy Procedure 8010(c), filed with an appellate court must also be filed with the bankruptcy court, with notice. 

Bankr. S.D.N.Y. R. 9006-1: Time for Service and Filing of Motions and Answering Papers

Rule governs time for service and filing of discovery-related motions, under Federal Rule of Bankruptcy Procedure 7026 through  to be served at least seven days before the return date, and answers to those motions served not later than three days before the return date.

All other motions are required to be served at least 14 days before the return date, and answers to those motions served not later than seven days before return date. Rule is silent as to right to submit reply papers 

The amendment requires reply papers to be served not later than 4:00 p.m. three days before the return date, unless otherwise ordered by the Court.

Bankr. S.D.N.Y. R. 9018-1: Motions to Publicly File Redacted Documents and to File Unredacted Documents Under Seal

None.

A new rule providing a uniform procedure for filing redacted documents or motions to file documents under seal. The movant should include a redacted copy of the documents to be sealed in the motion and must hand deliver unredacted copies to the Clerk's Office, conspicuously marked as being filed under a pending motion to seal.

Bankr. S.D.N.Y. R. 9037-1: Redaction of Personal Identifiers

None. 

A new rule clarifying that redactions are the responsibility of the filing party and not the responsibility of the Clerk or claims agent if one has been appointed. However, the Clerk and/or claims agent is authorized to, in their sole discretion, restrict public access to the document in question and inform the filer of the requirement to file a motion to redact. 

The rule governs the procedures, notice requirements, time of filing requirements, and the applicable fees for a party seeking to redact personal identifiers from a document or proof of claim. 

Bankr. S.D.N.Y. R. 9074-1: Submission, Settlement or Presentment of Order, Judgment, or Decree

Rule establishes procedures for the submission, settlement, or presentment of an order, judgment, or decree, including  the notice of presentment of an order in lieu of a hearing where notice and a hearing are not required.

As noted above, SDNY Local Bankruptcy Court Rule 2002-2 will be moved and included in amended SDNY Local Bankruptcy Court Rule 9074 -1(c). Also, stylistic changes have been made to the amended rule.

The amendment establishes that for parties proposing to act or obtain an order whenever "notice and a hearing" are specified by the Bankruptcy Code or Federal Rules of Bankruptcy Procedure but a motion is not mandatory: