Local Rule 9019-1: Agreements.
Bankr. D.S.D. — General rule
Rule 9019-1. Agreements.
(a) Application of rule. For the purposes of this rule, an agreement encompasses any agreement, compromise, settlement, or stipulation between or among opposing parties. This rule applies to all agreements except as provided by Fed.R.Bankr.P. 4001(d) and Bankr. D.S.D. Rs. 4001-1(e), 4001-1(f), 4001-2(c), 4001-2(d), 4001-3(c), and 4001-3(d).
(b) Agreements involving a trustee or debtor in possession.
(1) Adversary proceeding. Except as provided by paragraph (c)(2) below, a motion to approve an agreement between a trustee or a debtor in possession and another party to resolve a pending adversary proceeding shall be captioned for and filed in the main case, shall briefly summarize the parties' respective positions, shall describe the agreement, and shall demonstrate cause for approving the agreement. If the agreement has been reduced to writing, a copy of the signed agreement shall be attached to the motion. The motion shall be served on parties in interest not electronically served. A notice of the motion shall be served on all creditors and other parties in interest not electronically served. The notice shall conform to Bankr. D.S.D. R. 2002-1(a) and shall set forth a last date (month, day, year) for filing an objection or other response that is 21 days after service of the motion and the notice of motion.
(2) Contested matter pending. An agreement between a trustee or a debtor in possession and another party to resolve a pending contested matter that does not resolve any issues other than those specifically raised in the contested matter may be incorporated in an agreed order that conforms to Appendix 9F. If the agreement resolves any issues other than those specifically raised in the contested matter, including, for example, plan treatment, the agreement shall be noticed for objections as provided in paragraph (3) below.
(3) No contested matter or adversary proceeding pending. A motion to approve an agreement between a trustee or a debtor in possession and another party to resolve a matter that has not been presented to the Court by complaint, motion, application, or other request for relief shall briefly summarize the parties' respective positions, shall describe the agreement, and shall demonstrate cause for approving the agreement. If the agreement has been reduced to writing, a copy of the signed agreement shall be attached to the motion. The motion shall be served on parties in interest not electronically served. A notice of the motion shall be served on all creditors and other parties in interest not electronically served. The notice shall conform to Bankr. D.S.D. R. 2002-1(a) and shall set forth a last date (month, day, year) for filing an objection or other response that is 21 days after service of the motion and the notice of motion.
(c) Agreements involving a chapter 7 debtor.
(1) Dischargeability of a debt. A motion to approve a post-petition agreement between a chapter 7 debtor and a creditor regarding the dischargeability of a particular debt shall describe the agreement. If the agreement has been reduced to writing, a copy of the signed agreement shall be attached to the motion. No notice of the motion is required, unless the agreement affects the bankruptcy estate. If an adversary proceeding has been commenced, the motion shall be captioned for and filed in the adversary proceeding. If an adversary proceeding has not been commenced, the motion shall be captioned for and filed in the main case. The parties shall submit pursuant to Bankr. D.S.D. R. 9072-1(a) a proposed order approving the agreement and, if appropriate, a proposed judgment.
(2) Denial or revocation of discharge.
(A) A motion to approve a post-petition agreement between a chapter 7 debtor and a creditor or other party in interest regarding the denial or revocation of the debtor's discharge shall describe the agreement. If the agreement has been reduced to writing, a copy of the signed agreement shall be attached to the motion. If an adversary proceeding has been commenced, the motion shall be captioned for and filed in the adversary proceeding. If an adversary proceeding has not been commenced, the motion shall be captioned for and filed in the main case. The motion shall be served on parties in interest not electronically served. A notice of the motion shall be served on all creditors and other parties in interest not electronically served. The notice shall conform to Bankr. D.S.D. R. 2002-1(a) and shall set forth a last date (month, day, year) for filing an objection or other response that is 21 days after service of the motion and the notice of motion. The parties shall submit pursuant to Bankr. D.S.D. R. 9072-1(a) a proposed order approving the agreement and, if appropriate, a proposed judgment.
(B) A motion to approve an agreement between a debtor and a chapter 7 trustee regarding the revocation of the debtor's discharge for the debtor's failure to comply with an earlier order shall describe the agreement. If the agreement has been reduced to writing, a copy of the signed agreement shall be attached to the motion. If an adversary proceeding has been commenced, the motion shall be captioned for and filed in the adversary proceeding. If an adversary proceeding has not been commenced, the motion shall be captioned for and filed in the main case. If under the agreement the debtor will make the bankruptcy estate whole, including reimbursing the estate for any adversary filing fee, no notice of the motion is required. Otherwise, the motion shall be served on parties in interest not electronically served and a notice of the motion shall be served on all creditors and other parties in interest not electronically served. The notice shall conform to Bankr. D.S.D. R. 2002-1(a) and shall set forth a last date (month, day, year) for filing an objection or other response that is 21 days after service of the motion and the notice of motion. The parties shall submit pursuant to Bankr. D.S.D. R. 9072-1(a) a proposed order approving the agreement and, if appropriate, a proposed judgment.
(3) Other matters. If a chapter 7 debtor and a party in interest, excluding the chapter 7 trustee or the United States Trustee, reach an agreement resolving a matter other than one regarding the debtor's discharge or the dischargeability of a debt, the debtor and the other party in interest shall file a motion to approve the agreement and describe the agreement therein. If the agreement has been reduced to writing, a copy of the signed agreement shall be attached to the motion. No notice of the motion is required, unless the agreement affects the bankruptcy estate. If notice of the motion is required, the notice shall conform to Bankr. D.S.D. R. 2002-1(a), shall set forth a last date (month, day, year) for filing an objection or other response that is 21 days after service of the motion and the notice of motion, and shall be served on all creditors and other parties in interest not electronically served. If an adversary proceeding has been commenced, the motion (and any required notice) shall be captioned for and filed in the adversary proceeding. If an adversary proceeding has not been commenced, the motion (and any required notice) shall be captioned for and filed in the main case. The parties shall submit pursuant to Bankr. D.S.D. R. 9072-1(a) a proposed order approving the agreement and, if appropriate, a proposed judgment.
REFERENCE: Fed.R.Bankr.P. 9019.
Practice Pointer: If any party is served by mail or under the provisions of Fed.R.Civ.P. 5(b)(2)(D) [leave with clerk] or (F) [other means consented to], the notice periods stated above shall be increased three days pursuant to Fed.R.Bankr.P. 9006(f).