Local Rule LR 1.01 / LR 9029-1: Effective Date / Scope and Construction of Rules

By Order entered on the 27th day of December, 1990, these rules were adopted by the Judges of this District and became effective February 1, 1991. This revision, dated July 1, 1994, incorporates revisions dated January 16, 1992, and August 15, 1993.

These rules govern the practice and procedure in the United States Bankruptcy Court for the Southern District of West Virginia ("the Court"). The rules shall govern all proceedings in Bankruptcy Court for all cases filed after the effective date and in all further proceedings in cases pending as of the effective date, unless otherwise ordered by the Court. The judges of the District Court may amend and supplement the rules from time to time.

These rules are intended to supplement and complement the Federal Bankruptcy Rules. They shall be applied, construed and enforced so as to avoid inconsistency with the United States "Bankruptcy Rules and Official Forms", effective August 11, 1983, as amended.

The "Rules of Practice and Procedure" of the United States District Court for the Southern District of West Virginia are intended to supplement and complement these rules, where applicable. Appendix I to these rules sets forth with particularity those District Court Local Rules which are relevant and which shall be applied to the practice of bankruptcy before this Court.

In their application and administration, the rules shall be construed and employed so as to provide fairness and simplicity in procedure, to avoid technical and unjustifiable delay, to secure just, expeditious and inexpensive determination of all matters pending before the Court, and to otherwise promote the efficient administration of justice.

Cross Reference See "Rules of Practice and Procedure", U.S. District Court, S.D.W.V. Appendix I