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New Requirements of Amended Local Bankruptcy Rules – Effective June 1, 2018

Friday, May 18, 2018

The bankruptcy judges of the Northern and Southern Districts of Mississippi have adopted amendments to the Uniform Local Bankruptcy Rules effective June 1, 2018.

The amendments include three new Local Rules as well as amendments to Local Rule 4001-1 as summarized below:

New Local Rule 1006-1: Subsection (1) requires disclosure of fees paid by a debtor to debtor’s counsel when an application to pay the filing fee in installments is filed. The Disclosure of Pre-petition Fees form must be filed concurrently with the application to pay the filing fee in installments.  The fillable form is available on the Bankruptcy Forms page.  Subsection (4) provides that an application to pay the filing fee in installments may be denied if the debtor owes unpaid fees from a previous case filed within five calendar years.

New Local Rule 1007-1: Subsection (1) incorporates the current practice of the Courts to issue an order and notice of deficiency if required documents do not accompany the bankruptcy petition in a chapter 13 case. Subsection (2) incorporates the Courts’ general policy on extending the 14-day deadline imposed by Federal Rule 1007(c) to file certain required documents.

New Local Rule 2014-1: Imposes certain requirements for an application for and order of employment of professional persons.

Amendment to Local Rule 4001-1: Provides that motions to extend the automatic stay must be filed within 7 days after the date of filing of the petition and incorporates other provisions from the Courts’ respective standing orders regarding motions to extend and motions to impose the automatic stay.

The pending amendments to the local rules are available on the Rules and Fees page.