Local Rule 1001: Scope of Rules and Forms; Short Title

L.R. 1001 – Scope of Rules and Forms; Short Title. A. Title and Citation. These Rules are adopted pursuant to Rule 9029 of the Federal Rules of Bankruptcy Procedure to govern the local practice and procedures before the United States Bankruptcy Court for the Southern District of Illinois (the "Court"). These Rules shall be known as the "Local Rules of the Bankruptcy Court for the Southern District of Illinois" (the "Rules") and shall be cited as "S.D. Ill. LBR _____" herein. These Rules may be amended or supplemented from time to time by additional orders as the Court deems necessary. All references to provisions of the Bankruptcy Code are to Title 11 of the United States Code. All references to the District Court are to the United States District Court for the Southern District of Illinois.

B. Application. These Rules shall apply to all cases and proceedings in the United States Bankruptcy Court for the Southern District of Illinois except to the extent the Court determines application of the Rules would not be feasible or as otherwise more specifically provided herein. Failure to comply with these Rules may result in denial of the relief requested, dismissal, or other sanctions. To the extent that an order in a specific case conflicts with these Rules, the order in the case shall control.

C. Effective Date. These Rules become effective on June 1, 2012. The Rules governing chapter 13 plan contents shall be the rules in effect at the time the plan was originally filed. For previous versions of the rules, check the Court's website at www.ilsb.uscourts.gov or contact the Court.

D. Relationship to Prior Rules/Orders; Actions Pending on Effective Date. These Rules supersede all previous rules and any conflicting Orders promulgated by this Court or any Judge of this Court. They shall govern all applicable proceedings brought in this Court after they take effect, and shall apply to all pending proceedings at the time they take effect, except to the extent that the Court determines that application thereof would not be feasible or would work injustice, in which event the former rules shall govern.

The General Orders, Standing Orders, and Administrative Orders listed in Appendix A of these Rules are repealed.

The superseding of any prior rule and repealing of any order shall not affect any act done pursuant to or obviate any act required thereby.

E. Modification or Suspension of Rules. In specific cases or proceedings, the Court, upon its own motion or the motion of any party, may suspend or modify any of these Rules if the interests of justice so require.

F. District Court Rules. Except as otherwise provided in these Rules, or as ordered by the Court in a particular case, the Local Rules of the United States District Court for the Southern District of Illinois are adopted and incorporated herein and shall apply to proceedings in the United States Bankruptcy Court for the Southern District of Illinois.

G. Electronic Filing Rules and Chapter 13 Procedures Manual. The rules and procedures governing electronic filing are contained in a separate document entitled "Electronic Filing Rules." In addition, supplemental procedures, guidelines, and instructions applicable to chapter 13 cases are contained in a separate "Chapter 13 Procedures Manual." The Electronic Filing Rules and the Chapter 13 Procedures Manual are incorporated into and made a part of these Rules. Both will be maintained on the Court's website at www.ilsb.uscourts.gov. Reference in these Rules to any form, guideline or instruction in the Electronic Filing Rules or Chapter 13 Procedures Manual shall refer to the then-applicable form, guideline or instruction maintained by the Clerk of Court. All parties before the Court shall follow the procedures, guidelines and instructions set forth in the Electronic Filing Rules and Chapter 13 Procedures Manual and may be sanctioned for failing to do so.

H. Conforming Changes. To the extent that the Federal Rules of Bankruptcy Procedure are revised from time to time, the Clerk of Court may revise these Rules to conform to such changes. The Clerk of Court will issue a public notice to advise of any such revision.

I. Nothing in these Rules precludes this Court from entering General Orders, Standing Orders, Administrative Orders or guidelines to supplement these Rules.