Local Rule 9001-1: Definitions and Rules of Construction

LOCAL RULE 9001-1 Definitions and Rules of Construction The definitions of words and phrases in §§ 101, 902 and 1101 of the United States Code and Federal Rules of Bankruptcy Procedure 9001 and the rules of construction in § 102 of the United States Code and Federal Rules of Bankruptcy Procedure 9001 govern their use in these local rules. In addition, the following words and phrases used in these local rules have the meanings indicated unless the context clearly requires otherwise.

A. Definitions:

1. "Appellate Court" shall mean the United States District Court for the Western District of Virginia exercising its appellate jurisdiction pursuant to 28 U.S.C. § 158.

2. "Application ." See "Motion". Documents should be captioned "applications" only when the Federal Rules of Bankruptcy Procedure expressly provide that a request for judicial action shall be made by "application ."

3. "Bankruptcy Code" or "Code" means the United States Bankruptcy Code Title 11 U.S.C., as amended.

4. "Bankruptcy Court" means the United States Bankruptcy Court for the Western District of Virginia.

5. "Bankruptcy Rules" means the Federal Rules of Bankruptcy Procedure.

6 "Case" means a bankruptcy case commenced by the filing of a petition pursuant to 11 U.S.C. §§ 301, 302, 303 or 304.

7. "Clerk" or "Bankruptcy Clerk" or "Clerk of Court" means the Clerk of the United States Bankruptcy Court for the Western District of Virginia. When the reference is to a different clerk, it will be specified in the text.

8. "CM/ECF" means the Case Management / Electronic Case Filing System that is in use in the United States Bankruptcy Court for the Western District of Virginia.

9. "Conventional Filing(s)" means documents filed with the Clerk of Court by the traditional means that were in effect in the United States Bankruptcy Court for the Western District of Virginia prior to the implementation of CM/ECF.

10. "Court" or "Judge" means the judicial officer before whom a case or proceeding is pending.

11. "Defendant" means any party against whom a claim for relief is made by complaint, counterclaim or cross-claim in an adversary proceeding.

12. "Deputy Clerk" means an employee of the United States Bankruptcy Court for the Western District of Virginia appointed by the Clerk.

13. "District Court" means the United States District Court for the Western District of Virginia.

14. "Documents" means all petitions, pleadings, motions, affidavits, declarations, briefs, points and authorities, and all other papers presented for filing or submission but shall exclude exhibits submitted during a hearing or trial.

15. "FBR" or "FRBP." means the Federal Rules of Bankruptcy Procedure.

16. "F.R.C.P." means the Federal Rules of Civil Procedure.

17. "File" includes variations of the word, such as filing, and means the delivery to, and acceptance of a document to be entered on the docket by the Clerk, a deputy clerk, the Court, or other persons authorized by the Court.

18. "Local Rule" or "LBR" means the Local Bankruptcy Rules of the United States Bankruptcy Court for the Western District of Virginia.

19. "Plaintiff" means any party claiming affirmative relief by complaint, counterclaim or cross-claim in an adversary proceeding.

20. "Proceeding" includes motions, adversary proceedings, contested matters and other matters presented to the court. It does not include the "Case" as defined above.

21. "Trustee" means one to whom the administration of the bankruptcy estate is delegated and to whom the property of the estate is vested in trust for the creditors. It includes a debtor in possession in a chapter 11 case.

22. "United States Trustee" means the United States Trustee for Region 4 and includes the Assistant United States Trustee and any designee of the United States Trustee.

B. Rules of Construction.

1. Gender; Plural. Whenever applicable, each gender does include the other gender and the singular includes the plural.

2. Terms Not Otherwise Defined. Terms used in the Local Bankruptcy Rules that are not herein defined will have the meanings provided in the Bankruptcy Code and the Federal Rules of Bankruptcy Procedure. Similarly, the Rules of Construction contained in 11 U.S.C. § 102 also apply.

3. References to Rules and Statutes. Any reference in the local rules to a statute or a rule shall include any amendments or successors thereto.