Local Rule Rule 9001-1: Rules of Construction & Definitions.
Bankr. D. Or. — General rule
Rule 9001-1. Rules of Construction & Definitions.
Titles and headings are part of the LBRs. A word or phrase not otherwise defined in an LBR or LBF has the meaning and construction assigned to it in the Code or an FRBP unless a definition below or the context require otherwise. All singular words include the plural, and any reference to gender includes all gender identities. A list of items after a colon will generally be read to be joined by an "and." But if the colon follows "either," the list will be read to be joined by an "or." The following definitions apply in these LBRs and to all LBFs:
(a) "§" means section of the Code.
(b) "Attorney of record" has the meaning given in LBR 9010-1(f)(1).
(c) "Clerk" means clerk of the court and any authorized deputy clerk.
(d) "Code" means title 11 of the United States Code, the Bankruptcy Code.
(e) "Creditors' committee," when used in relation to the service of a document, and unless otherwise required by an FRBP, means:
(1) If an attorney of record represents the committee, the attorney of record;
(2) If an attorney of record does not represent the committee, then any chairperson and any co-, alternate, or vice chairperson of any committee appointed by the UST listed in the UST's filed notice of appointment;
(3) If no chairperson, co-, alternate, or vice chairperson is named in the notice of appointment, then each committee member named in the notice; or
(4) If no committee is appointed, then each creditor on the list filed under FRBP 1007(d).
(f) "DIP" (debtor in possession) means (1) the debtor in a nonsubchapter V chapter 11 case in which no trustee has been appointed and is serving, (2) the debtor in a subchapter V chapter 11 case in which the debtor has not been removed under § 1185 without reinstatement, or (3) the debtor in a chapter 12 case in which the debtor has not been removed under § 1204 without reinstatement.
(g) "Document" includes a pleading and any other paper that may be filed or lodged.
(h) "ECF" means the court's Electronic Case File system.
(i) "ECF event" means a filing option in the ECF menu used to file or lodge documents.
(j) "ECF Participant" means an individual to whom the clerk has assigned a login and password to file and lodge documents by ECF. A filing agent, as such, is not an ECF Participant.
(k) "ePOC" means the court's Electronic Proof of Claim system.
(l) "eSR" means the court's Electronic Self-Representation Bankruptcy Petition Preparation System (see the court's website at https://www.orb.uscourts.gov/electronic-self-representation-esr-bankruptcy-petition-preparation-system-chapter-7-only).
(m) "Filing agent" means an individual to whom an ECF Participant has assigned a login and password to file and lodge documents in the name of the ECF Participant.
(n) "FRBP" means a Federal Rule of Bankruptcy Procedure.
(o) "FRCP" means a Federal Rule of Civil Procedure.
(p) "Generally admitted" has the meaning given in LBR 9010-1(a)(1).
(q) "GO" means a general order promulgated by the court.
(r) "LBF" means a form promulgated by the court, plus any pages the filing party is required to attach in order to include all essential text.
(s) "LBR" means a local rule of the court.
(t) "Lodge," when used as a verb, means to upload, but not to file with the clerk, a proposed order or judgment.
(u) "LR" means a local rule of the United States District Court for the District of Oregon..
(v) "Mortgage creditor" means a creditor holding a claim secured by a mortgage, trust deed, or land sale contract on real property used as the debtor's residence on the date of the order for relief.
(w) "OF" means an Official form promulgated by the Judicial Conference of the United States for bankruptcy cases or adversary proceedings, or a procedural Director's form promulgated by the Director of the Administrative Office of the United States Courts.
(x) "OSB" means the Oregon State Bar.
(y) "Party" means an entity requesting or opposing relief in a contested matter or adversary proceeding.
(z) "PDU" means the court's Public Document Upload system available at the court's website at https://www.orb.uscourts.gov/webform/public-document-upload.
(aa) "Request," when used in reference to a request for the court to take some action, means a requirement to file a formal motion.
(bb) "Specially admitted" has the meaning given in LBR 9010-1(a)(2)–(4).
(cc) "UST" means the United States trustee.