Virginia Bankruptcy Courts - Local Rules

Since early in the 1990's, lobbies representing financial institutions promoted restrictions on individual rights to file. Also, a common feature promoted by various "Abuse Prevention Acts" is the reduction and/or elimination of judicial discretion. Currently, judges may balance the needs of all parties in interest. The administrative branch enthusiastically endorses these changes.

Virginia Bankruptcy Courts maintain an extensive system of local rules of court. Many of these 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 Virginia Bankruptcy District or a particular Virginia Bankruptcy Division. 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 Virginia 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 Virginia 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 Virginia 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 Virginia 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 Virginia 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 Virginia 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 Virginia 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

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