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PART II OFFICERS AND ADMINISTRATION; NOTICES; MEETINGS; EXAMINATIONS; ELECTIONS; ATTORNEYS AND ACCOUNTANTS
| 2002-1 Notice to Creditors and Other Interested Parties 2002-2 Notice to United States or Federal Agency 2004-1 Depositions & Examinations 2014-1 Employment of Professionals by Chapter 7 Trustees 2016-1 Compensation of Professionals 2090-1 Attorneys - Admission to Practice 2091-1 Attorneys - Withdrawals |
Rule 2002-1 NOTICE TO CREDITORS AND OTHER INTERESTED PARTIES
(a)
Notice of creditors' meetings in chapters 12 and 13
In cases under chapter 12 or 13, the meeting of creditors under 11 U.S.C. § 341 may be set on 14 days' notice.
(b)
Request for Notices
(1)
A creditor, equity security holder, or other entity may file a document entitled "Request for Notices." The Request for Notices must be served on the following parties, and a proof of service must be filed with the clerk:
(A) the United States trustee;
(B) any case or standing trustee;
(C) any committee elected or appointed in the case or the committee's attorney if one has been employed; and
(D) the debtor's attorney, or debtor if debtor is pro se.
(2)
The clerk shall not add an entity to the list of entities requesting notices unless the entity has complied with the service and proof of service requirements.
(3)
A creditor who files and serves a Request for Notices shall thereafter be entitled to all limited notices which may be served in the case. Such notices are in addition to those notices for which the Federal Rules of Bankruptcy Procedure require service on all creditors and also in addition to those notices which must be served on the creditor as a party against whom relief is sought.
(4)
Any entity who is not a creditor, a debtor, or an indenture trustee, and who files and serves a Request for Notices shall thereafter be entitled to all notices for which the Federal Rules of Bankruptcy Procedure require service on all creditors and to all limited notices which may be served in the case.
(5)
For purposes of this Rule, the term "limited notices" means any notices which the Federal Rules of Bankruptcy Procedure require to be served pursuant to court direction by the following or similar language: "such other entity as may be designated by the court," "on notice as the court may direct," to "any entity as the court may direct," to "other party as the court may direct," to "entities designated by the court," to "other entities as directed by the court," to "other parties in interest as the court directs," or to "other parties in interest as the court may designate."
"Limited notices" also means any notices which pursuant to the Federal Rules of Bankruptcy Procedure are required to be served on all creditors but for which the court enters an order directing service on fewer than all creditors.
(6)
An entity entitled to limited notices under this Rule shall be entitled to such notice regardless of whether the court actually directs notice to that entity, unless the court specifically directs otherwise.
(7)
An entity who by court order, the Federal Rules of Bankruptcy Procedure, or these Local Rules is required to serve a notice shall be responsible for serving the notice in accordance with this Rule.
(8)
The clerk shall maintain a list of entities that file Requests for Notices in a case. The list shall be maintained in front of the case file, and it shall include the date of the filing of each request, the name and address of the entity to whom notices are to be sent, and, if different, the identity of the entity on whose behalf the request was made. The list shall be available from the clerk who shall charge for the list in accordance with any schedule of required fees.
(9)
Filing a Request for Notices does not effectuate a change in the address of a creditor, equity security holder or indenture trustee as it was originally shown in the creditor list or schedules and as shown in the mailing matrix. The service address of a scheduled or listed creditor, equity security holder or indenture trustee is changed only pursuant to Fed. R. Bankr. P. 2002(g).
Rule 2002-2 NOTICE TO UNITED STATES OR FEDERAL AGENCY
(a)
The clerk shall cooperate with the United States attorney for the Northern District of Iowa in compiling a list of agencies, departments, administrations, and services of the United States which are commonly scheduled as creditors in bankruptcies filed in this district. The list shall be titled "Matrix List for the United States as Creditor." The clerk shall keep a permanent record of the list's addresses and their effective dates. The list is available from the clerk at no charge.
(b)
The list may be used by the debtor to provide the addresses of the United States as creditor in the debtor's schedules, statements, lists and the matrix filed in the case.
Service on the United States using an address from the then-current list creates a presumption of proper service on the governmental unit for notices served pursuant to Fed. R. Bankr. P. 2002, Local Rule 2002-1 and for notices served by court direction. The presumption does not apply to notices required to be given to the United States as a party against whom relief is sought in any contested matter or adversary proceeding.
(c)
In addition to the specific agencies, departments, administrations and services of the United States, the matrix of creditors shall also include the current address of the United States attorney for the Northern District of Iowa, whose address shall be available from the clerk as part of the list. A listing of the United States attorney must include a designation of each scheduled agency, department, administration or service using its initials, e.g. "United States attorney (FSA)."
(d)
A debtor is not excused from scheduling and listing a United States governmental unit merely because the debtor's creditor is not included in the clerk's list.
(a)
Parties Must Confer
Prior to filing a motion for an examination under Fed. R. Bankr. P. 2004, the party seeking the examination must contact the attorney for the entity to be examined (or the entity directly if the entity is not represented by an attorney) to attempt to reach agreement that the examination may be taken and to agree as to the date, time, and place of the examination and any documents to be produced.
(b)
Consent Motions
A motion for an examination under Fed. R. Bankr. P. 2004 which certifies that the parties have agreed to the specific arrangements described in the motion will be granted by the court without further notice or hearing. The motion must be accompanied by a proposed order which contains the date, time, and place of the examination and which describes any documents to be produced.
(c)
Contested Motions
(1)
If the parties are unable to agree to the taking of a proposed Rule 2004 examination, the motion seeking the examination must state the need for the examination and the nature of the dispute over its taking. The motion must show the proposed time, date, and place of the examination and any documents to be produced. The motion must also state what efforts were made to reach agreement as to the taking of the examination. The motion must be accompanied by a proposed order granting the motion. The proposed order must specify the name of the person to be examined; the time, date, and place of the examination; and any documents to be produced.
(2)
Movant must serve a copy of the motion and the proposed order upon opposing counsel or upon the entity to be examined if the entity is not represented by counsel. The party opposing the examination shall have 14 days from the date of service to file an objection to the motion. The objection must state the grounds therefore. The court will determine whether to set the motion for hearing or rule on the motion without hearing. Any request for expedited consideration of the motion shall be made pursuant to Local Rule 9073-2.
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Rule 2014-1 EMPLOYMENT OF PROFESSIONALS BY CHAPTER 7 TRUSTEES
(a)
Appraisers, Auctioneers, and Agents -- Chapter 7
A chapter 7 trustee's application to hire an appraiser, auctioneer, or agent must first be submitted to the United States trustee for review and recommendation, and must be served upon the debtor and debtor's attorney. If the agreed compensation is less than $1,000, or not more than 10% of the sales price for a sales agent, or not more than the generally applicable rates for collection of commercial accounts receivable, and the United States trustee agrees with such employment on such terms, such employment and terms shall be deemed approved upon such application with the United States trustee's agreement annexed to the application being filed with the clerk. If the agreed compensation exceeds such amounts or if the United States trustee does not agree with such employment, the United States trustee shall file the application with the report and recommendation to the court for disposition.
(b)
Attorneys and Accountants -- Chapter 7
An application by a chapter 7 trustee for an order approving the employment of an attorney or an accountant shall first be submitted to the United States trustee for review and recommendation and served upon the debtor and debtor's attorney. The application submitted to the United States trustee must be accompanied by a written statement setting forth the facts that in the trustee's view justify the retention of such attorney or accountant and the terms and conditions of employment. The United States trustee shall then file the trustee's application with a recommendation on such employment, but without any detailed disclosure of the facts of justification.
Rule 2016-1 COMPENSATION OF PROFESSIONALS
(a)
Trustee Fees and Expenses
(1)
Trustee Fees
Unless the court orders otherwise either before or after the filing of the trustee's final report, a chapter 7 trustee is excused from the fee itemization requirements of Fed. R. Bankr. P. 2016(a) if the request for compensation is $1,250 or less.
(2)
Trustee Reimbursed Expenses
Unless the court orders otherwise either before or after the filing of the trustee's final report, a chapter 7 trustee is excused from the expense itemization requirements of Fed. R. Bankr. P. 2016(a) if the request for reimbursement is $300 or less. However, the trustee must verify in the expense reimbursement request that the unitemized expenses were actual and necessary expenses in the trustee's service to the estate and that the request does not include overhead expenses.
(b)
Attorney for Debtor - Chapter 13
The attorney for debtor in a chapter 13 case is excused from the application requirements of Fed. R. Bankr. P. 2016(a) and the notice requirement of Fed. R. Bankr. P. 2002(a)(6) if the request for compensation is less than the base amount established by the court at the time of confirmation of the plan. The base amount figure is available from the clerk and applies to all attorney compensation through the first confirmation of a plan. The standing trustee shall ascertain from the attorney's fee disclosure statement whether the attorney's agreement for fees is less than the base amount, and if so, the agreed compensation shall be awarded in the proposed order of confirmation. Any additional request for fees for work done after confirmation requires a fee application under Fed. R. Bankr. P. 2016(a).
(c)
Bankruptcy Petition Preparers
A "Disclosure of Compensation of Bankruptcy Petition Preparer" (Form B-280) shall be submitted in every case prepared by petition preparers.
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Rule 2090-1 ATTORNEYS - ADMISSION TO PRACTICE
(a)
Roll of Attorneys
The bar of the Bankruptcy Court for the Northern District of Iowa shall consist of those attorneys who are admitted to practice and who remain in good standing before the United States District Court for either the Northern or Southern District of Iowa.
(b)
Appearances
(1)
Who May Appear Generally
Except when a pro hac vice appearance is permitted by the court or when a Department of Justice attorney appears for the United States, only a member of the bar of the bankruptcy court may appear as an attorney in the bankruptcy court.
(2)
Form of Appearance
An attorney making an appearance shall, either by filing a written appearance or by signature to the first pleading filed, cause the clerk's record to reflect clearly the office address, telephone number, FAX number, and identification number of the attorney and the name of the party for whom appearance is made.
(3)
Pro Hac Vice Admission
Upon written application to the bankruptcy court and in its discretion, an attorney who is not a member of the bar of the bankruptcy court may be permitted to appear and participate in a pending case and/or proceeding. The application shall provide:
(A)
the attorney's residence, office address, telephone number, FAX number, and attorney identification number;
(B)
the courts to which the applicant has been admitted to practice and the dates of admission;
(C)
that the applicant is in good standing and eligible to practice in said courts; the application shall be accompanied by a letter or certification from the attorney's bar association confirming the attorney's present good standing within the association. If not filed with the application, the letter or certificate shall be filed within 21 days of the filing of the application;
(D)
whether the applicant is currently suspended or disbarred in any court;
(E)
if the applicant has concurrently or within the year preceding the current application made any pro hac vice application to this court, the title and number of each action wherein such application was made, the date of the application, and whether or not the application was granted, and
(F)
acknowledgment that if the pro hac vice application is granted, the attorney is subject to the jurisdiction of the court with respect to the attorney's conduct to the same extent as a member of the bar of this court and is subject to the Iowa Code of Professional Responsibility for Lawyers.
(4)
Associate Counsel Requirement for Attorneys Appearing Pro Hac Vice
Any attorney who is admitted pro hac vice must have associate counsel who is an active member in good standing of the bar of the bankruptcy court. The appearance, office address, telephone number, and FAX number of such counsel shall be entered of record, and all notices and pleadings shall be served also upon such associate counsel in accordance with the Federal Rules of Bankruptcy Procedure and these Local Rules. The attendance of counsel admitted pro hac vice or associate counsel at any hearing or trial shall be sufficient appearance for the party or parties whom counsel represents. The associate counsel requirement does not apply to parties who are appearing pro se or to attorneys of governmental units. On written motion and for good cause, the court may excuse compliance with the local-counsel requirement.
(5)
An attorney granted Pro Hac Vice admission within a case may appear in any adversary proceeding in the case without further application.
(c)
Change of Address or Telephone Number
(1)
Members of the Bankruptcy Bar
An attorney admitted to practice before the court shall be responsible for keeping the court informed of any changes in the attorney's address or telephone number(s). Notification of a change shall be accomplished by submitting to the clerk a "Notice of Change of Address (or Telephone Number)." The notice shall contain the attorney's new address or telephone number(s) and the effective date of the change. For purposes of the attorney's responsibility to the court under this rule, it is not required that the notice be captioned or filed in a particular case.
(2)
Attorneys Admitted Pro Hac Vice
An attorney who has been admitted pro hac vice in any pending case or proceeding shall be responsible for keeping the court informed of any changes in the attorney's address or telephone number(s). Notification of a change shall be accomplished by filing in each pending case or proceeding a "Notice of Change of Address (or Telephone Number)." The notice shall contain the attorney's new address or telephone number(s) and the effective date of the change. A notice shall bear the caption of the case or proceeding. The attorney shall serve each such notice upon the United States trustee, any case trustee, any committee appointed in the case or its counsel, and any opposing counsel in a pending adversary or contested matter proceeding.
(d)
Standards of Professional Responsibility and Conduct
The Rules of Professional Conduct adopted by this court are the Rules of Professional Conduct adopted by the Supreme Court of Iowa (2005), as amended from time to time, except as may otherwise be provided by this court or the District Court. The court adopts as recommended guidelines for professional conduct the Standards for Professional Conduct approved by the Iowa State Bar Association.
(e)
Law Student Practice
A law student enrolled in a reputable law school fully approved by the American Bar Association may appear as counsel before the court under the following conditions.
(1)
Certification
The dean of the law school must certify to this court that the student has completed at least the equivalent of three (3) semesters of the work required by the school to qualify for the J.D. or L.L.B. degree.
(2)
Supervision
The student's appearance must be under the direct supervision of an attorney admitted to practice before this court who is personally present and has appeared of record in the case.
(3)
Compensation
The student may not receive compensation for a court appearance; however, this prohibition shall not prevent a student from receiving general compensation from an employer-attorney or from a school-administered fund. Nothing in this rule shall prevent the court from awarding reasonable attorney fees under an appropriate statute for time expended by a student as long as the student does not receive any of the fee.
Rule 2091-1 ATTORNEYS - WITHDRAWALS
An attorney who has appeared of record in a case or proceeding may withdraw only with leave of court and for good cause. The attorney's motion to withdraw must be served on the client, the United States trustee, the case or standing trustee, if any, any party who has filed a Request for Notices, and opposing counsel in any pending contested matter or adversary proceeding in which movant has appeared.