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What's NewU.S. BANKRUPTCY COURT FOR THE DISTRICT OF NORTH DAKOTA BROADCAST:April 4, 2013Effective May 1, 2013, the bankruptcy courts will begin charging a new fee of $25 for each claim transferred. This fee was approved by the Judicial Conference of the United States at its September 2012 session. Click here to read entire notice. U.S. BANKRUPTCY COURT FOR THE DISTRICT OF NORTH DAKOTA BROADCAST:April 3, 2013The Local Rules of the United States Bankruptcy Court, District of North Dakota, are revised and amended effective April 2, 2013 pursuant to General Order entered on April 2, 2013. All previous local rules of the court governing bankruptcy procedure are revoked effective April 2, 2013. Any local rule is subject to modification upon court order finding good cause. Updates to the court’s website, CM/ECF system and all resources are occurring as a result of the amendments to the local rules. Versions of the Local Rules for the United States Bankruptcy Court for the District of North Dakota, ECF Administrative Procedures (amended 4/1/2013), Notice and Service Requirements (formerly known as Common Motion Practice) are available in pdf form on our website. The links within these pdf files are not active as these files are for reference until our website is fully updated. A pdf file has also been posted containing the procedures and forms that have undergone substantial revision. Please contact the Clerk's Office at 701-297-7100 if you have any questions or if you need assistance with any of the new procedures. U.S. BANKRUPTCY COURT FOR THE DISTRICT OF NORTH DAKOTA BROADCAST:February 22, 2013The proposed amendments to the Local Rules governing practice in the U.S. Bankruptcy Court for the District of North Dakota are posted and may be accessed at: Proposed Local Rules The proposed local rules contain active links for procedures and forms that have undergone substantial revision. The remaining links are denoted with an underline and are not active at this time. Comments regarding the proposed amendments should be submitted via e-mail to local_rules_comments@ndb.uscourts.gov no later than March 15, 2013. U.S. BANKRUPTCY COURT FOR THE DISTRICT OF NORTH DAKOTA BROADCAST:November 30, 2012FOR YOUR INFORMATION: U.S. BANKRUPTCY COURT FOR THE DISTRICT OF NORTH DAKOTA BROADCAST SUMMARY: Re: General Order Adopting Revised Interim Rule 1007-I The Court by General Order has adopted a new amendment to Interim Rule 1007-I effective December 1, 2012. Interim Rule 1007-I was adopted in December 2008 to implement the National Guard and Reservists Debt Relief Act of 2008. The rule was amended in 2010 to incorporate time computation amendments to Bankruptcy Rule 1007. The amendment effective December 1, 2012, removes an inconsistency created by the 2010 amendment. U.S. BANKRUPTCY COURT FOR THE DISTRICT OF NORTH DAKOTA BROADCAST:November 7, 2012FOR YOUR INFORMATION: U.S. BANKRUPTCY COURT FOR THE DISTRICT OF NORTH DAKOTA BROADCAST SUMMARY: Re: Increase to Bankruptcy Court Fees Effective November 21, 2012 The fee for filing a chapter 11 bankruptcy case will increase for cases filed on or after November 21, 2012. The fee increase was included in the Temporary Bankruptcy Judgeships Extension Act of 2012 (Pub.L.No. 112-121), which was signed into law by the President on May 25, 2012. See attached fee schedule for additional information. U.S. BANKRUPTCY COURT FOR THE DISTRICT OF NORTH DAKOTA BROADCAST:October 10, 2012FOR YOUR INFORMATION: U.S. BANKRUPTCY COURT FOR THE DISTRICT OF NORTH DAKOTA BROADCAST SUMMARY: Re: Amendments to Federal Rules of Bankruptcy Procedure Effective December 1, 2012 The attached letter provides a reminder of the amended Federal Rules of Bankruptcy Procedure and Official Bankruptcy Forms effective December 1, 2012. The rules and forms may be found on-line at www.uscourts.gov/rules/. U.S. BANKRUPTCY COURT FOR THE DISTRICT OF NORTH DAKOTA BROADCAST:September 12, 2012FOR YOUR INFORMATION: U.S. BANKRUPTCY COURT FOR THE DISTRICT OF NORTH DAKOTA BROADCAST SUMMARY: Re: Centralized Processing of Returned BNC Mail See attached letter advising of the new process/procedures governing returned notices to the Judiciary's Bankruptcy Noticing Center (BNC). U.S. BANKRUPTCY COURT FOR THE DISTRICT OF NORTH DAKOTA BROADCAST:August 23, 2012Attached please find a public notice from the United States Trustee - Region 12. U.S. BANKRUPTCY COURT FOR THE DISTRICT OF NORTH DAKOTA BROADCAST:July 10, 2012RE: Increase in Chapter 11 Filing Fee A provision of the law increases the statutory filing fee for all new Chapter 11 cases to $1,213.00. http://news.uscourts.gov/chapter-11-bankruptcy-filing-fees-increase U.S. BANKRUPTCY COURT FOR THE DISTRICT OF NORTH DAKOTA BROADCAST:May 11, 2012RE: Attorney Fees in Chapter 13 Cases U.S. BANKRUPTCY COURT FOR THE DISTRICT OF NORTH DAKOTA BROADCAST:May 17, 2012RE: First Meeting of Creditors (341 Meeting) Calendar Available www.ndb.uscourts.gov U.S. BANKRUPTCY COURT FOR THE DISTRICT OF NORTH DAKOTA BROADCAST:February 29, 2012RE: Electronic Public Access Fee Increase U.S. BANKRUPTCY COURT FOR THE DISTRICT OF NORTH DAKOTA BROADCAST:November 28, 2011RE: Amendments to Bankruptcy Rules and Forms Effective 12/1/2011 U.S. BANKRUPTCY COURT FOR THE DISTRICT OF NORTH DAKOTA BROADCAST:November 28, 2011For Immediate Release 1. November 28, 2011 Daniel M. McDermott to Serve as U.S. Trustee for Iowa, Minnesota, North Dakota, South Dakota for Interim Period WASHINGTON - Daniel M. McDermott, the U.S. Trustee for Ohio and Michigan (Region 9), has been designated by Attorney General Eric Holder also to serve as the U.S. Trustee for Iowa, Minnesota, North Dakota and South Dakota (Region 12) for an interim period beginning on Dec. 3, 2011, the Executive Office for U.S. Trustees announced today. He replaces Habbo G. Fokkena, who is retiring from the U.S. Trustee Program (USTP) after serving as the U.S. Trustee for Region 12 since May 2002. Mr. McDermott was appointed as the U.S. Trustee for Region 9 in July 2008, and also served as the U.S. Trustee for Tennessee and Kentucky (Region 8) from January 2011 through July 2011. Previously, he headed the USTP's Cleveland office as Assistant U.S. Trustee, and in 1999 he was recognized with the Director's Award for Management Excellence. Before joining the USTP, Mr. McDermott held positions as a Bankruptcy Administrator for the U.S. Bankruptcy Court for the Northern District of Ohio and as a bank officer and assistant counsel. Mr. McDermott received his law degree from Cleveland-Marshall College of Law in Cleveland and his undergraduate degree from Villanova University in Villanova, Pa. The USTP is the component of the Justice Department that protects the integrity of the bankruptcy system by overseeing case administration and litigating to enforce the bankruptcy laws. The USTP has 21 regions and 95 field offices. Region 12 is headquartered in Cedar Rapids, Iowa, with additional offices in Des Moines, Iowa; Minneapolis; and Sioux Falls, S.D. Contact: Jane Limprecht, Public Information Officer
U.S. BANKRUPTCY COURT FOR THE DISTRICT OF NORTH DAKOTA BROADCAST:November 14, 2011RE: Investiture of Bankruptcy Judge Shon Hastings U.S. BANKRUPTCY COURT FOR THE DISTRICT OF NORTH DAKOTA BROADCAST:November 1, 2011RE: Phone Number Change Announcement - Voice Case Information System (VCIS) U.S. BANKRUPTCY COURT FOR THE DISTRICT OF NORTH DAKOTA BROADCAST:October 27, 2011RE: Electronic Public Access Fee Increase - April 1, 2012 U.S. BANKRUPTCY COURT FOR THE DISTRICT OF NORTH DAKOTA BROADCAST:October 13, 2011RE: Increase in Bankruptcy Fees Effective November 1, 2011 U.S. BANKRUPTCY COURT FOR THE DISTRICT OF NORTH DAKOTA BROADCAST:October 5, 2011RE: Elimination of BNC Notice of Meeting of Creditors to Debtors' Attorneys U.S. BANKRUPTCY COURT FOR THE DISTRICT OF NORTH DAKOTA BROADCAST:October 5, 2011RE: New Bankruptcy Judge - District of North Dakota U.S. BANKRUPTCY COURT FOR THE DISTRICT OF NORTH DAKOTA BROADCAST:September 21, 2011Effective immediately, the CM/ECF Judge/Trustee assignment feature is available for use by attorneys. Thank you for your patience while the system was unavailable. U.S. BANKRUPTCY COURT FOR THE DISTRICT OF NORTH DAKOTA BROADCAST:August 22, 2011Effective today, August 22, 2011, the CM/ECF Judge/Trustee assignment feature will not be operational. Upon the filing of a new case, the clerk's office staff will input the judge and trustee information and create the 341 meeting entry. U.S. BANKRUPTCY COURT FOR THE DISTRICT OF NORTH DAKOTA BROADCAST:August 5, 2011Public Notice - Appointment to Panel of Chapter 7 Trustees Attached please find a public notice from the United States Trustee - Region 12. U.S. BANKRUPTCY COURT FOR THE DISTRICT OF NORTH DAKOTA BROADCAST:January 28, 2011Attached is the Public Notice regarding the U.S. Bankruptcy Judge position for the United States Bankruptcy Court, District of North Dakota. U.S. BANKRUPTCY COURT FOR THE DISTRICT OF NORTH DAKOTA BROADCAST:December 16, 2010Re: Address Change for Internal Revenue Service Effective January 1, 2011, notice of bankruptcy filings and all correspondence pertaining to bankruptcy cases should be sent to the IRS at the following new address: U.S. BANKRUPTCY COURT FOR THE DISTRICT OF NORTH DAKOTA BROADCAST:December 1, 2010Re: General Order Regarding Interim Rule 1007-I Attached is a general order dated November 30, 2010 issued by the Honorable William A. Hill. The order adopts the revision to Interim Rule 1007-I regarding time changes effective December 1, 2010. U.S. BANKRUPTCY COURT FOR THE DISTRICT OF NORTH DAKOTA BROADCAST:November 23, 2010Re: Rule Amendments Effective December 1, 2010 Attached is a Memorandum outlining changes to the Court's CM/ECF system and electronic filing procedures that will take effect December 1, 2010. These modifications are being implemented in response to the newest round of Amendments to the Federal Rules of Bankruptcy Procedure. Please see attachment for additional information. U.S. BANKRUPTCY COURT FOR THE DISTRICT OF NORTH DAKOTA BROADCAST SUMMARY:August 30, 2010Re: Proposed Amendments Published for Public Comment The Judicial Conference Advisory Committees on Bankruptcy and Criminal Rules have proposed amendments to their respective rules and requested that the proposals be circulated to the bench, bar, and public for comment. The proposed amendments, Rules Committee reports explaining the proposed changes, and other information are posted on the Judiciary's Federal Rulemaking web site. The comment period ends on February 16, 2011.
U.S. BANKRUPTCY COURT FOR THE DISTRICT OF NORTH DAKOTA BROADCAST SUMMARY:August 2, 2010Re: Bankruptcy Statistics for Each State Now Available on Interactive Map Certain statistical information about bankruptcy filings in your state, and how you state compares with all others, is newly available on an interactive map. U.S. BANKRUPTCY COURT FOR THE DISTRICT OF NORTH DAKOTA BROADCAST SUMMARY:July 19, 2010Re: Additional Text Orders We are adding two new text entries for orders on uncontested matters as noted below and it will no longer be necessary to submit proposed orders regarding these motions. The text entry orders will function similar to other text orders, such as an Order Granting Application for Compensation and there will not be a hyperlink to a document. Please contact the Bankruptcy Clerk's Office at 701-297-7100 if you have questions or concerns.
SAMPLE - TEXT ORDER RE MOTION BY DEBTOR TO DELAY DISCHARGE
U.S. BANKRUPTCY COURT FOR THE DISTRICT OF NORTH DAKOTA BROADCAST SUMMARY:July 7, 2010Re: Change to Bankruptcy Noticing Center Practices The Administrative Office of the U.S. Courts has announced a Bankruptcy Noticing Center (BNC) program enhancement that will significantly reduce the volume of returned mail handled by courts, debtors' attorneys and debtors. Please read the attached Memorandum for further information. U.S. BANKRUPTCY COURT FOR THE DISTRICT OF NORTH DAKOTA BROADCAST SUMMARY:April 19, 2010Re: Electronic Public Access (EPA) Fee Schedule Change The Judicial Conference amended the Electronic Public Access Fee Schedule for the appellate, district, and bankruptcy courts, the United States Court of Federal Claims and the Judicial Panel on Multi-district Litigation. The fee schedule was amended to waive fees of less than $10 in a quarterly billing cycle rather than in a year, and to establish a fee of $2.40 for access to digital audio files. U.S. BANKRUPTCY COURT FOR THE DISTRICT OF NORTH DAKOTA BROADCAST SUMMARY:March 23, 2010In Re: Automatic Adjustments to Certain Dollar Amounts in the Bankruptcy Code and Official Forms On April 1, 2010, automatic adjustments to the dollar amounts stated in various provisions of the Bankruptcy Code and one provision in Title 28 of the United States Code will become effective. The amended dollar amounts will apply to cases filed on or after April 1, 2010. Attorneys who utilize petition software for bankruptcy forms should contact their vendor to ensure the amended forms are correct as of April 1, 2010. Please see attached notice for further information. U.S. BANKRUPTCY COURT FOR THE DISTRICT OF NORTH DAKOTA BROADCAST SUMMARY:December 18, 2009Re: New! On-Line ECF User Manual Throughout the years each deputy clerk has maintained a paper manual to manage their individual case administration procedure notes. These notes included typed notes, photocopies, post-it notes, hand-written notes and other random materials that would assist them in their daily activities. This was an inefficient method of managing documentation and providing service to the public. The Bankruptcy Clerk's Office employees started weekly meetings to collaborate and combine their notes and develop a single on-line user manual. The result of the foregoing effort is the creation of an on-line ECF user manual for attorneys, trustees and limited use participants. We are very proud of our efforts and believe this will be a helpful tool for your use. This manual was developed using a software product that allowed us to build, manage and publish content in a format that is in a searchable format and includes a table of contents and index. This tool functions best if Internet Explorer is used as your web browser. Please provide us with your feedback and suggestions for improvement as you use the ECF Manual, or if you have any procedural questions contact us (701) 297-7100. The ECF User Manual can be found on our website at:
www.ndb.uscourts.gov>
ECF User Manual> U.S. BANKRUPTCY COURT FOR THE DISTRICT OF NORTH DAKOTA BROADCAST SUMMARY:December 17, 2009Re: Reaffirmation Agreement Cover Sheet This notice serves as a reminder that effective December 1, 2009 the Cover Sheet Form B27 is required with every reaffirmation agreement filed with the court. This form gathers certain financial information, including information necessary for the court to determine whether a reaffirmation agreement creates a presumption of undue hardship under §524(m) of the Code and it allows the debtor to provide additional information that may rebut such a presumption. To implement the requirements of Bankruptcy Rule 4008(b), the form also provides for a disclosure of any differences between the income and expenses reported on schedules I and J and the income and expenses reported in the debtor's statement in support of the reaffirmation agreement, together with an explanation of any such differences. Please ensure this cover sheet is filed with every reaffirmation agreement. The form is attached for your convenience or can be found on the court's website at www:ndb.uscourts.gov Contact the Bankruptcy Clerk's Office at (701) 297-7100 with any questions. U.S. BANKRUPTCY COURT FOR THE DISTRICT OF NORTH DAKOTA BROADCAST SUMMARY:November 23, 2009In Re: Re: Important Notice Regarding Time Period Changes Effective December 1, 2009, Including 14-Day Deadlines for Filing Schedules, Statements, Chapter 13 Plans, and Bankruptcy Appellate Briefs Among the time-computation amendments to the Federal Rules of Bankruptcy Procedure that will take effect on December 1, 2009, are changes to 12 rules that will result in a reduction by one day (from 15 to 14 days) of the time to take action. The affected rules are Bankruptcy Rules 1007, 1019, 1020, 2015, 2015.1, 2016, 3015, 4001, 4002, 6004, 6007, and 8009. Please take note of these changes and particularly of the new 14-day deadline for filing schedules, statements, and other documents under Rule 1007(c); for filing a chapter 13 plan under Rule 3015(b); and for filing appellate briefs under Rule 8009(a). U.S. BANKRUPTCY COURT FOR THE DISTRICT OF NORTH DAKOTA BROADCAST SUMMARY:October 5, 2009In Re: Letter and General Order Regarding Time Computation Pursuant to the December 1, 2009 Rule Amendments See attached letter and General Order regarding time computations pursuant to the December 1, 2009 Rule Amendments, along with supporting documentation and information. Please contact the Bankruptcy Clerk's Office if you have any questions. U.S. BANKRUPTCY COURT FOR THE DISTRICT OF NORTH DAKOTA BROADCAST SUMMARY:August 21, 2009RE: RECAP SOFTWARE USAGE The court would like to make CM/ECF filers aware of certain security concerns relating to a software application or "plug-in" called RECAP, which was designed by a group from Princeton University to enable the sharing of court documents on the Internet. Once a user loads RECAP, documents that he or she subsequently accesses via PACER are automatically sent to a public Internet repository. Other RECAP/PACER users are then able to see whether documents are available from the Internet repository. RECAP captures District and Bankruptcy Court documents, but has not yet incorporated Appellate Court functionality. At this time, RECAP does not appear to provide users with access to restricted or sealed documents. Please be aware that RECAP is "open-source" software, which can be freely obtained by anyone with Internet access and modified for benign or malicious purposes, such as facilitating unauthorized access to restricted or sealed documents. Accordingly, CM/ECF filers are reminded to be diligent about their computer security practices to ensure that documents are not inadvertently shared or compromised. The court and the Administrative Office of the U.S. Courts will continue to analyze the implications of RECAP or related software and advise you of any ongoing or further concerns. U.S. BANKRUPTCY COURT FOR THE DISTRICT OF NORTH DAKOTA BROADCAST SUMMARY:July 23, 2009Re: New Scanner Settings for Documents Uploaded into CM/ECF The Administrative Office of the United States Courts has been working with the National Archives and Records Administration (NARA) regarding archival preservation and continued use of scanned images in the Judiciary's Case Management/Electronic Case File (CM/ECF) system. Previously, NARA had recommended a scanning resolution setting of 200 dots per inch (dpi) to produce a high quality document with a file size that did not hamper the length of time it took to scan, load and retrieve the document. Since that time, NARA has published higher standards for scanning resolution to better support archival preservation. The attached specification sheet outlines the current NARA standards/recommendations. I would ask that, effective immediately, parties filing documents with the U.S. Bankruptcy Court, District of North Dakota adjust their scanner settings to allow for a minimum of 300 pixels per inch (ppi). We have increased the maximum file size setting on the Court's CM/ECF system to 3 MB to allow for higher scanning settings without requiring additional splitting of filed documents. Thank you for your attention in this matter. Please contact this office if you have any questions. U.S. BANKRUPTCY COURT FOR THE DISTRICT OF NORTH DAKOTA BROADCAST SUMMARY:April 17, 2009Re: General Order abolishing Local Bankruptcy Rule 3005-1 See General Order abolishing Local Bankruptcy Rule 3005-1. Effective immediately all proof of claims shall be filed with the proper supporting attachments. Please contact the Bankruptcy Clerk's Office at 701-297-7100 if you have questions. U.S. BANKRUPTCY COURT FOR THE DISTRICT OF NORTH DAKOTA BROADCAST SUMMARY:February 4, 2009Re: Policy and Procedures Concerning the Electronic Availability and Redaction of Transcripts of Court Proceedings In accordance with Judicial Conference Policy and Federal Rule of Bankruptcy Procedure 9037, effective with the upgrade of CM/ECF Ver. 3.3.1 scheduled February 23, 2009, we will implement the attached policy regarding official court transcripts. Please contact the Bankruptcy Clerk's Office if you have any questions. U.S. BANKRUPTCY COURT FOR THE DISTRICT OF NORTH DAKOTA BROADCAST SUMMARY:December 14, 2008Re: The National Guard and Reservists Debt Relief Act of 2008 Attached is a General Order adopting Interim Bankruptcy Rule 1007-I to implement the National Guard and Reservists Debt Relief Act of 2008. U.S. BANKRUPTCY COURT FOR THE DISTRICT OF NORTH DAKOTA BROADCAST SUMMARY:December 12, 2008Re: The National Guard and Reservists Debt Relief Act of 2008 The National Guard and Reservists Debt Relief Act of 2008, Pub.L. 110-438, provides a temporary exclusion from the bankruptcy means test for Reservists and members of the National Guard called to a minimum of 90 days active duty or homeland defense activity after September 11, 2001. The Judicial Conference has approved an amendment to Official Form 22A, Statement of Current Monthly Income and Means Test calculation, which includes a new Part 1C where qualifying debtors could invoke the exclusion. Please see attached Memorandum for additional information and filing instructions. The Official Form and Interim Rule are posted on the pending forms page at www.uscourts.gov/bankform/index.html U.S. BANKRUPTCY COURT FOR THE DISTRICT OF NORTH DAKOTA BROADCAST SUMMARY:December 1, 2008Re: Change to Director's Procedural Bankruptcy Form Effective on December 1, 2008 An amendment to Director's Procedural Form B 201 will be effective on December 1, 2008. Form B 201 has been amended to advise debtors that Rule 4002 requires the debtor to notify the court of any changes in the debtor's address. As revised, Form B 201 also states that joint debtors who list the same mailing address on the bankruptcy petition generally will receive a single copy of each notice mailed from the bankruptcy court in a jointly-addressed envelope. On December 1, 2008 this amended form will be posted on our website at www.ndb.uscourts.gov or can be reviewed immediately at http://www.uscourts.gov/bankform/index.html. U.S. BANKRUPTCY COURT FOR THE DISTRICT OF NORTH DAKOTA BROADCAST SUMMARY:December 1, 2008Re: New Rules and Amendments to the Federal Rules of Bankruptcy Procedure to Take Effect December 1, 2008 The following new rules and amendments to the Federal Rules of Bankruptcy Procedure will take effect on December 1, 2008 Bankruptcy Rules 1005, 1006, 1007, 1009, 1010, 1011, 1015, 1017, 1019, 1020, The above rule amendments and new rules implement the substantive and procedural changes to the Bankruptcy Code made by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA). As you know, Interim Rules have been in use since October 2005, while the Advisory Committee on Bankruptcy Rules studied BAPCPA and prepared permanent national rules through the customary three-year rulemaking process. Please see attached General Order entered November 20, 2008 rescinding the Interim Rules effective December 1, 2008, when the new permanent rules and amendments take effect. U.S. BANKRUPTCY COURT FOR THE DISTRICT OF NORTH DAKOTA BROADCAST SUMMARY:November 7, 2008Re: Digital Audio Recording Effective November 3, 2008, all courtroom proceedings for the U.S. Bankruptcy Court, District of North Dakota are captured on digital audio. Transcription services will be listed on our website and the transcribers may be contacted directly for a cost estimate, delivery time options and payment information. Since the digital recording system in the courtroom is ultra sensitive please take caution to avoid having confidential conversations held at counsel tables or in the audience recorded by the system. There is a mute feature at the base of the microphones at counsel tables to prevent sound from being broadcast over the speakers. Your hand must be placed over the control button to activate the mute feature. Contact Sharon Horsager at (701) 297-7142 or sharon_horsager@ndb.uscourts.gov if you would like a demonstration of the digital recording equipment. U.S. BANKRUPTCY COURT FOR THE DISTRICT OF NORTH DAKOTA BROADCAST SUMMARY:November 5 , 2008Re: Access for Cogent Customers Users of the Cogent internet service provider may be unable to access PACER, CM/ECF and certain federal court websites. If you are unable to file documents or have questions, please contact the Bankruptcy Clerk's Office at 701-297-7100. More » |
Monday - Friday: 8:00 to 4:30
(Except for Federal Holidays)
Phone: (701) 297-7100
Fax: (701) 297-7105
VCIS: (866) 222-8029
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