Local Rule LBR 1001: Scope, Citation, and Definitions

LBR 1001: Scope, Citation, and Definitions

(a) Scope. These Local Bankruptcy Rules are promulgated pursuant to Fed. R. Bankr. P. 9029 to supplement the Federal Rules of Bankruptcy Procedure.

(b) Citation. These Local Bankruptcy Rules may be cited by number using the format "LBR [#]."

(c) Definitions.

(1) "Clerk" means the Clerk of the United States Bankruptcy Court for the Western District of Michigan or a designated Deputy Clerk.

(2) "CM/ECF" means the Case Management/Electronic Case Filing System.

(3) "Court" means the United States Bankruptcy Court for the Western District of Michigan and includes any judicial officer before whom a case or proceeding is pending.

(4) "Code" means the United States Bankruptcy Code, Title 11 of the United States Code.

(5) "Domestic Support Obligation" has the same meaning as prescribed in the Code.

(6) "ECF Filer" means a person registered to file a document using CM/ECF.

(7) "Over the counter" or "conventional" with respect to the filing of any document with the Court means delivery of that document to the Court by any method other than electronic transmission using CM/ECF.

(8) "Paper" or "Papers" as applied to cases and proceedings assigned to CM/ECF includes documents in electronic format presented for filing unless the context clearly indicates otherwise.

(9) "Paper Filer" means a person authorized to file a document "over the counter" without using CM/ECF.

(10) "Payment Advices" has the same meaning as prescribed in the Code.

(11) "Practice in the Court" means, in connection with a case or proceeding pending in this Court, (A) to appear in, commence, conduct, prosecute, or defend a matter in that case or proceeding; (B) to appear in open court; (C) to sign a document; (D) to participate in a pretrial conference; (E) to represent a client at a deposition; (F) to counsel a client in the action or proceeding for compensation; or (G) to otherwise practice in this Court or before an officer of this Court.

(12) "Scanned Image" includes any electronically-generated graphic depiction of any original or duplicate document stored in electronic format and compatible with CM/ECF, unless the context requires otherwise.

(d) Application of Local Bankruptcy Rules. These Rules apply to all cases and proceedings except to the extent that they are inconsistent with the Code, the Federal Rules of Bankruptcy Procedure, or any rule promulgated by the Judicial Conference of the United States.

(e) Use of Forms. Whenever the use of an Official Form is required under these Rules, Fed. R. Bankr. P. 9009 applies. Whenever the use of a Local Form is required under these Rules, LBR 9029(d) applies.

(f) Statutory References. Unless otherwise stated, citations in these Rules to any statutory section using the "§" symbol shall refer to Title 11 of the United States Code.