Local Rule RULE 9029-4C: RESTRICTED FILERS
Bankr. N.D. Ill. — General rule
RULE 9029-4C RESTRICTED FILERS A. Restricted Filers A party who has abused the processes of the bankruptcy court may be prohibited, after notice and an opportunity to be heard, from filing any documents with the clerk, including petitions, claims, and adversary complaints, unless permission is granted under (F).
B. Procedure
(1) Request for Restriction Any judge of the bankruptcy court, any judge of the district court, or the United States Trustee for this region may submit to the chief judge of the bankruptcy court a written request asking the bankruptcy court to declare a party a restricted filer and prohibit that party from filing documents.
(2) Initial Decision On receiving a request under (1), the chief judge must submit the request to the bankruptcy court for consideration. After considering the request, the bankruptcy court must decide by majority vote either
(a) that the request merits no action; or
(b) that the request may merit action, and a response is warranted.
(3) Request for Response If the bankruptcy court decides that a response is warranted, the chief judge must notify the party in writing. The notice must:
(a) state that the bankruptcy court has been requested to restrict the party's right to file documents;
(b) give the reasons why the restriction has been requested; and
(c) state that the party has the right to respond to the request in writing within 30 days.
(4) Final Decision After receiving the response, or after the time to respond has expired, the chief judge must submit the request and any response to the bankruptcy court. After considering the request and any response, the bankruptcy court must decide by majority vote either
(a) that the request merits no action; or
(b) that the party should be declared a restricted filer.
If the bankruptcy court determines that the party should be declared a restricted filer, the bankruptcy court must also determine the terms of the restriction.
C. Terms of Restriction The terms of the restriction must
(a) include the length of the restriction, which may not be more than 10 years;
(b) allow the restricted filer to request that the restriction be lifted; and
(c) explain how a request to have the restriction lifted should be made, when a request can first be made, and how frequently such requests may be made.
D. Order
(1) The decision to declare a party a restricted filer must be set forth in an order signed by the chief judge. The order must contain the terms of the restriction under (C) and describe how the restricted filer can request permission under (F) to file a document.
(2) The clerk must docket the order in a separate miscellaneous proceeding under the restricted filer's name and must send a copy to the restricted filer by regular mail.
E. Restricted Filers List The clerk must maintain a current list of parties declared restricted filers under this Rule.
F. Documents Filed by Restricted Filers
(1) Refusal of Documents Unless Accompanied by Motion.
(a) A document that a restricted filer submits for filing must be returned unfiled unless accompanied by a written motion requesting permission to file the document.
(b) If a restricted filer submits a document for filing along with a written motion requesting permission to file the document, the clerk must not file the document or the motion but must stamp them "received" and deliver them to the chief judge, or some other judge that the restricting order designates, for decision.
(2) Decision on Motion
(a) If the motion is granted, the judge must sign an order granting it. The clerk must docket the order in the miscellaneous proceeding, file the documents submitted in the bankruptcy case or adversary proceeding, as applicable, and mail to the restricted filer a copy of the order and a stamped copy of the documents.
(b) If the motion is denied, the judge must sign an order denying it. The clerk must docket the order in the miscellaneous proceeding and must mail the order to the restricted filer along with the documents submitted for filing.
G. Appeal Orders under (D) declaring parties restricted filers and under (F)(2) denying motions of restricted filers permission to file documents are final orders, appealable as of right to the Executive Committee of the district court. Part VIII of the Federal Rules of Bankruptcy Procedure governs all appeals from orders under this Rule, except that Rule 8006 does not apply.