Local Rule LBR 1001-1: Title; Scope and Effective Date of Rules

Rule 1001-1 Title; Scope and Effective Date of Rules

(a) Local Rules of Court. The Supreme Court of the United States has, pursuant to 28 U.S.C. § 2075, prescribed rules of procedure in bankruptcy cases. Fed. R. Bankr. P. 9029 provides that courts may adopt local rules that are not inconsistent with the Federal Rules of Bankruptcy Procedure. The following rules are adopted as the local rules of the United States Bankruptcy Court for the District of Puerto Rico – subject to the limitations set forth in Rule 83k(b) of the Local Rules of the United States District Court for the District of Puerto Rico – and will govern procedure in all cases and proceedings under title 11 of the United States Code in the District of Puerto Rico. These rules may be referred to as the "Puerto Rico Local Bankruptcy Rules," and will be cited as "P.R. LBR," or simply "LBR" when cited within a local rule. Official forms appended to these LBRs will be referred to as "P.R. LBF," or simply "LBF" when cited herein.

(b) Applicability of Other Rules. The local rules of the United States District Court for the District of Puerto Rico will apply to the extent that a procedural matter is not covered by these LBRs or the Federal Rules of Bankruptcy Procedure. Those rules may be referred to as the "Local Civil Rules for the U.S. District Court for the District of Puerto Rico," and will be cited as "L.Cv.R."

(c) Waiver or Modification of Local Rules. The provisions of these rules may be waived or modified in any case or proceeding, on motion or on the court's own initiative, for the convenience of the parties or in the interest of justice, as determined by the court.

(d) Adoption of Certain Rules of the District Court. The provisions of L.Cv.R. 43, 56, and 65 are applicable to adversary proceedings and contested matters in the bankruptcy court, to the extent that they are not inconsistent with these LBRs, the Federal Rules of Bankruptcy Procedure, and title 11 of the United States Code.

(e) Meaning of Terms. The terms used herein have the same meaning as ascribed to them under Fed. R. Bankr. P. 9001, or as defined in other sections of the Bankruptcy Code and Rules. The references in the Local Rules of the Bankruptcy Court for the District of Puerto Rico to "court," "judge," and "clerk" should be read as the "United States Bankruptcy Court," "bankruptcy judge," and "clerk of the United States Bankruptcy Court," respectively.

(f) Failure to Comply with Local Rules. The court, sua sponte or on the motion of any interested party, may impose sanctions for failure to comply with these rules. Sanctions may include but are not limited to: the imposition of monetary sanctions; non-monetary sanctions; dismissal of the case or proceeding; striking of papers filed with the court; or denial of the relief sought, as the court in its discretion deems appropriate.

(g) Effective Date. These rules shall become effective on May 16, 2013 and supersede all prior local rules, general orders, and administrative orders of the United States Bankruptcy Court for the District of Puerto Rico.

(h) General and Administrative Orders.

(1) The court may supplement these rules, subsequent to their effective date, by general orders and/or administrative orders issued by the court as needed.

(2) All future general orders and administrative orders will be categorized by the year of adoption and numbered consecutively. Copies of these may be obtained from the clerk, through the court's web site (www.prb.uscourts.gov), and in the public area of the clerk's office.

(i) Availability of Information Through the Court's Website. Detailed information regarding filing requirements, national and local forms, fees, general and administrative orders, or any other information regarding these LBRs is available at the clerk's office and through the court's web site (www.prb.uscourts.gov).