Local Rule 1001-1: TITLE, APPLICATION AND SCOPE OF RULES

BANKRUPTCY LOCAL RULE 1001-1 TITLE, APPLICATION AND SCOPE OF RULES

(a) Title and Scope. These are the Bankruptcy Local Rules for the Bankruptcy Division of the District Court of Guam. The Federal Rules of Bankruptcy Procedure and the Official Bankruptcy Forms promulgated under 28 U.S.C. § 2075, together with these Bankruptcy Local Rules, govern practice and procedure in all bankruptcy cases and adversary proceedings in this district. They may be cited as "BKLR _______-___." (Number)

(b) Relationship to Federal Rules of Bankruptcy Procedure. These rules are divided into nine parts to be consistent in format with the Federal Rules of Bankruptcy Procedure. These rules supplement the Federal Rules of Bankruptcy Procedure, and they shall be construed to promote the just, efficient, and economical determination of every bankruptcy case and adversary proceeding. The numbering system of these rules attempts to conform to the Uniform Numbering System for Local Bankruptcy Court Rules, approved by the Judicial Conference Advisory Committee on Bankruptcy Rules. In most cases, these rules relate to a similarly-numbered rule from the Federal Rules of Bankruptcy Procedure.

(c) Relationship to Federal Rules of Civil Procedure. Whenever a Federal Rule of Civil Procedure is incorporated, it shall be incorporated as modified by the Federal Rules of Bankruptcy Procedure.

(d) Relationship to District Court of Guam General and Civil Local Rules. These rules shall incorporate the General and Civil Local Rules of the District Court of Guam as appropriate.

(e) Definitions. As used in these rules:

(1) "All creditors"-when used with respect to service of documents—includes parties in interest, parties who have requested notice in a case, any trustee and committee appointed in a case and the Office of the United States Trustee;

(2) "Bankruptcy Code" or "Code" means title 11 of the United States Code;

(3) "Bankruptcy Local Rules" or "BKLR" refers to the Bankruptcy Local Rules of the Bankruptcy Division of the District Court of Guam;

(4) "Clerk" refers to the Clerk of Court or a deputy clerk of the Bankruptcy Division of the District Court of Guam;

(5) Except where the context otherwise requires, "court" refers to the Bankruptcy Division of the District Court of Guam and to the judge acting on behalf of the court with respect to a matter within the court's jurisdiction;

(6) "CM/ECF" means the Case Management/Electronic Case Files system used in the Bankruptcy Division of the District Court of Guam;

(7) "Debtor" includes the joint debtor, if any;

(8) "FRBP" refers to a rule of the Federal Rules of Bankruptcy Procedure;

(9) "Fed.R.Civ.P." refers to a rule of the Federal Rules of Civil Procedure; and

(10) The symbol "§" refers to a section under title 11 of the United States Code, unless another title is cited.

(f) Application to Persons Appearing Without Counsel. A person who appears and is not represented by counsel must comply with these rules. Each reference in these rules to "attorney" or "counsel" applies equally to a party who is not represented by counsel, unless the context otherwise requires.

(g) Procedures Outside the Bankruptcy Local Rules. These rules are not intended to limit the discretion of the court. The court may, on a showing of good cause, waive any of these rules, or make additional orders as it may deem appropriate and in the interests of justice.

(h) Sanctions for Noncompliance with Rules. Failure of counsel or of a party to comply with these rules, the Fed.R.Civ.P., the FRBP, or with any order of the court may be grounds for imposition of sanctions authorized by statute or rule or within the inherent power of the court, including, without limitation, dismissal of any action, entry of default, finding of contempt, imposition of monetary sanctions or attorney's fees and costs, and other lesser sanctions.

(i) Effective Date; Transitional Provision. These rules govern all bankruptcy cases and adversary proceedings pending on or commenced after the date of adoption. Where justice requires, a judge may order that an action or proceeding pending before the Court prior to that date be governed by the prior practice of this Court. These rules supersede all previous local bankruptcy rules.