Local Bankruptcy Rules – Western District Of Oklahoma

| Local Bankruptcy Rules

RULE 1001-1 SCOPE OF RULES AND FORMS; DEFINITIONS

A. Application.

1. These Local Rules govern all cases and proceedings pending before the United States Bankruptcy Court for the Western District of Oklahoma on the effective date specified above and thereafter, and shall supersede all local rules and general orders pertaining to rules of procedure previously adopted and entered by the Court, unless such general order is specifically incorporated herein.

2. These Local Rules, the Guidelines for Electronic Case Filing – Effective 1-1-2013 (Appendix A hereto), the General Order Concerning Procedures in Chapter 12 (Appendix B hereto), the Procedures Governing Chapter 13 Cases (Appendix C hereto), and the general orders entered by this Court, the laws of the United States, the Federal Rules of Bankruptcy Procedure and any applicable rule of the United States District Court for the Western District of Oklahoma, as amended from time to time, shall govern all cases and proceedings before this Court.

B. Citation. These Local Rules shall be cited as the “Local Bankruptcy Rules” and may be cited as “Local Rule _______.”

C. Waiver of Local Rules. The Court may waive any provision of these Local Rules upon its own motion or upon the motion of any party in interest. An order pertaining to procedure entered in a case or proceeding will govern the case or proceeding notwithstanding that the order may be at variance with these Local Rules.

D. Interim Standing Orders. These Local Rules may be modified or supplemented from time to time by the Court by general order. General orders of interest to the bankruptcy bar and to the public shall be maintained by the Clerk and shall be available on the Court’s website (http://www.okwb.uscourts.gov).

E. Electronic Case Filing (“ECF”) Guidelines. References to the “ECF Guidelines” in these Local Rules shall mean the Administrative Guidelines for Electronic Case Filing – Effective 01-01-2013, or as may be amended, which are attached hereto as Appendix A.

F. Local Forms. References to “Local Form” in these Local Rules shall mean substantially the forms prescribed by these Local Rules, the Court, or the Clerk, copies of which are available on the Court’s website (http://www.okwb.uscourts.gov).

G. Official Bankruptcy Forms. References to “Official Form” in these Local Rules shall mean the forms prescribed by the Judicial Conference of the United States or the Director of the Administrative Office of the United States, copies of which are available on the Court’s website (http://www.okwb.uscourts.gov).

H. Definitions. The definitions of words and phrases contained in Title 11 of the United States Code and the Federal Rules of Bankruptcy Procedure govern their use in these Local Rules. Other frequently used, initially capitalized terms contained herein shall have the meaning as set forth below:

1. Affidavit. References to an “affidavit” in these Local Rules may be satisfied by the execution of affidavit or an unsworn declaration under penalty of perjury pursuant to 28 U.S.C. § 1746, subject to compliance with such provision. An affidavit or declaration may be incorporated into a filed Document and need not be separate or an attachment.

2. BAP. References to “BAP” shall mean the Bankruptcy Appellate Panel of the United States Court of Appeals for the Tenth Circuit.

3. Bankruptcy Rules. References to “Bankruptcy Rules” shall mean the Federal Rules of Bankruptcy Procedure.

4. Clerk. References to the “Clerk” shall mean the Court Clerk of the United States Bankruptcy Court for the Western District of Oklahoma.

5. Code. References to the “Code” shall mean the United States Bankruptcy Code, 11 U.S.C. § 101 et. seq.

6. Court or Bankruptcy Court. References to “Court” or “Bankruptcy Court” shall mean the United States Bankruptcy Court for the Western District of Oklahoma.

7. Court’s Website. References to the “Court’s website” shall mean http://okwb.uscourts.gov.

8. Debtor. The term “debtor” shall refer to both singular and plural form, as the case may be.

9. District Court. References to “District Court” shall mean the United States District Court for the Western District of Oklahoma.

10. District Court Local Rules. References to “District Court Local Rules” shall mean the Local Civil Rules of the United States District Court for the Western District of Oklahoma.

11. Document. The term “Document,” in both singular and plural forms, shall refer to anything filed either electronically or manually with the Court.

12. ECF System. References to the “ECF System” shall mean the Case Management/Electronic Case Filing System implemented by the Court as set forth in General Order No. 1 annexed hereto as Appendix A.

13. File-Stamped Copy. References to the term “file-stamped copy” shall refer to a copy of the electronically filed Document bearing the file stamp or a copy of the Document and the applicable “Notice of Electronic Filing .”

14. Local Rules. References to “Local Rules” shall mean these Local Rules of the United States Bankruptcy Court for the Western District of Oklahoma.

I. Electronic Signature. The “s/Jane Doe” constitutes the signature of said party on any electronically filed Document except on Official Form B21, Debtor’s Statement of Social Security Number, which must bear an original signature of the individual debtor(s).