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Standing Order 23-13 – Order Adopting Revision to Local Bankruptcy Rules Eff. 08/01/2023

Friday, July 14, 2023

The Court has entered Standing Order 23-13, Order Adopting Revision to Local Bankruptcy Rules, which has been placed on the Court's Internet web site, under the News & Announcements header, https://www.vaeb.uscourts.gov. That Order also been placed on the Court’s internet website’s Standing Orders web page under the District-Based Standing Orders header. This revision to the Local Bankruptcy Rules shall take effect on August 1, 2023, and shall govern procedures in all cases pending on that date or filed thereafter.

The Order creates a new Local Bankruptcy Rule 3002.1 and a new Exhibit 17. In addition, the Order amends Local Bankruptcy Rules 1006-1, 1007-1, 1007-3, 1017-2, 1075-1, 2003-1, 2004-1, 2016-1, 2090-1, 3007-1, 3011-1, 3015-1, 3015-2, 4001(a)-1, 5005-1, 5010-1, 6004-1, 6004-2, 6007-1, 6008-1, 7026-1, 7056-1, 9010-1 and 9013-1 (to include the Negative Notice List to be posted on the Court’s website), and to Exhibit 7, Exhibit 13, and Exhibit 15.

To account for the additional work required of counsel in chapter 13 cases as a result of the adoption of New Local Bankruptcy Rule 3002-1.1, which was not within the scope of services contemplated by the presumptively reasonable fee that counsel may elect under Local Bankruptcy Rule 2016-1(C)(1)(a) and (C)(3)(a), the Court has directed the Clerk to increase the amount set forth in the “Adjustment of Dollar Amounts” statement by $500.00 effective for chapter 13 cases filed on or after August 1, 2023.

Pursuant to amended Local Bankruptcy Rule 9013-1(H)(1), which is not effective until August 1, 2023, the Court has placed the initial Negative Notice List for Motions/Applications filed on or after August 1, 2023, on its internet website under the Rules & Forms tab. That List bears a July 14, 2023, date for review prior to its effective date. Matters set forth on this list will not require a hearing as further set forth in the above-referenced Rule provision. From time to time, this list may be amended. A “Last updated” date will be placed conspicuously at the top of the list.

The Order and its accompanying attachment provide additional information. The latter is incorporated by reference into the Order.

[Read Standing Order 23-13 PDF]