RULE 1001-1 PURPOSE AND SCOPE OF RULES

 

(a)    General.  Terms defined in 11 U.S.C. § 101, et seq. or the Federal Rules of Bankruptcy Procedure and the rules of construction in 11 U.S.C. § 102 apply to these Local Bankruptcy Rules. 

 

(b)    Definitions.  In these Local Bankruptcy Rules, the following definitions apply:

 

(1)  "Bankruptcy Rules" mean the Federal Rules of Bankruptcy Procedure;

(2)  "CM/ECF" means Case Management / Electronic Case Filing;

(3)  "Court" means the United States Bankruptcy Court for the Northern District of Alabama;

(4)  "Rule" or "Rules" mean these Local Bankruptcy Rules;   

(5)  "Section" means a section or subsection of the Code;

(6)  "Trustee" means --

 

(A) in a chapter 7 case, a trustee appointed or elected under Section 701, 702, or 703;

(B) in a chapter 11 case, a trustee appointed under Section 1104;

(C) in a chapter 12 case, a trustee appointed under 28 U.S.C. § 586(b); and

(D) in a chapter 13 case, a trustee appointed under 28 U.S.C. § 586(b). 

 

(c)    Application.  These Rules govern practice and procedure in all cases and proceedings pending and filed in this Court in accordance with Section 105(a) and Bankruptcy Rule 9029.  The Court will apply and interpret the Rules consistently with applicable law.  In all instances not provided for by these Rules or the Bankruptcy Rules, the Court may regulate its practice in any manner consistent with these Rules and the Bankruptcy Rules. 

 

(d)    Effective Date.  These Rules supersede and rescind administrative orders entered prior to the effective date of these Rules, July 1, 2010, except for the following administrative orders:

 

•  Administrative Order 09-04 (In re:  Adequate Protection Payments in Chapter 13 Cases);

•  Administrative Order 09-01 (In re:  Revocation of Administrative Order 07-03 and Administrative Order 07-07);

•  Administrative Order 08-01 (In re:  New Electronic Transcript Policy);

•  Administrative Order 07-06 (In re:  Assignment of Certain Bankruptcy Cases in the Southern Division);  

•  Administrative Order 07-02 (In re:  Summary of Schedules Required Upon Filing Schedules and All Amended Schedules);  

•  Administrative Order 06-07 (In re:  Pre-Confirmation Disbursement of Payments Received for Ongoing Domestic Support Obligations);  

•  Administrative Order 05-07 (In re:  Procedures for Criminal Referrals);

•  Administrative Order 05-06 (In re:  Debtors Asserting an Exception to the Limitation of the Automatic Stay Under 11 U.S.C. § 362(l) and Procedure for Receiving Rent Deposits); and  

•  Administrative Order 04-001 (Certification of Acceptance and Rejection of Chapter 11 Plans).

These and all applicable administrative orders can be found on the Court's website at http://www.alnb.uscourts.gov/orders.cfm.

(Eff. 7/1/2010)