Local Rule 9019-1: Certificate of Counsel
Bankr. D. Del. — General rule
Rule 9019-1 Certificate of Counsel.
An objection or response to a motion, application, claim objection, or other pleadings may be resolved by submitting a revised or agreed form of order filed with a Certificate of Counsel (a "CoC") consistent with the following requirements stated in this Local Rule. An order submitted to chambers following a hearing must be accompanied by a CoC and uploaded to CM/ECF. The CoC procedure may also be utilized in other circumstances as the Court directs, including submitting a revised order following a hearing, an order approving a stipulation that does not require notice under Fed. R. Bankr. P. 9019, and an order setting omnibus hearings as provided for in Local Rule 2002-1(a)(i).
(a) The CoC must be signed by Delaware counsel and attach a proposed revised or agreed form of order as an exhibit. A blackline showing any changes made to the original or any subsequently filed revised order must also be attached as an exhibit. The CoC must state whether the revised or agreed form of order has been reviewed and approved by all the parties affected by the order. The CoC must be served on all affected parties.
(b) If there is an applicable objection deadline, the CoC may not be filed until 24 hours after that deadline.
(c) A CoC and any related documents may be delivered immediately upon filing to the presiding Judge in accordance with chambers procedures. Upon receipt of the documents, the Court may enter the order without further notice or hearing and, once the order is entered, the hearing scheduled on the matter may be cancelled without further notice. In any cases in which a Notice of Agenda is required under Local Rule 9029-3 and the order is not yet entered at the time of the agenda's filing, Delaware counsel for the debtor or foreign representative or trustee, as applicable, must submit to the Court the CoC and all related documents in the "CNO/CoC Binder" in accordance with Local Rule 9029-3.
(d) Any stipulation or agreement submitted for approval must be accompanied by a proposed order for its approval.