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TCL > January 2010 Issue > Court Business

The Colorado Lawyer
January 2010
Vol. 39, No. 1 [Page  115]

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From the Courts

Court Business

Visit the related court’s website for complete text of rule changes or proposed rule changes issued by the court. Each court’s website includes corresponding forms, which are not printed in Court Business, and versions with highlights of revisions (deletions and additions). Material printed in Court Business appears as submitted by the court and has not been edited by the staff of The Colorado Lawyer.


U.S. Bankruptcy Court for the District of Colorado

General Procedure Order Number 2009-3
In the Matter of Obsolete General Procedure Orders and
Standing Orders of the Court

THIS MATTER arises sua sponte upon the need to vacate certain General Procedure Orders and Standing Orders of the Court and to reassign those that are retained. Upon review and consideration, it appears that certain orders are now obsolete, superseded, inconsistent with the Federal Rules of Bankruptcy Procedure or the Local Bankruptcy Rules for the District of Colorado, or otherwise no longer serve any useful purpose or benefit to the administration of bankruptcy cases or the resolution of disputes arising in those cases. If a General Procedure Order (GPO) or Standing Order (SO) should remain in effect, the Court further finds that those should be adopted by this Order under a new numbering system for tracking with the prefix of GPO 2009-2(___) or IPO 2009-1(___) for those transferred to an Internal Procedure Order (IPO). Accordingly it is

ORDERED that the following orders in their original or amended versions are vacated and/or superseded effective December 1, 2009:

GPO 1994-1: Reassigning Cases to Judge Marcia S. Krieger

GPO 1995-2: Suspend GPO 1995-1on Mediation

GPO 1996-2: Adopting Amended Local Rules

GPO 1996-4: Rescinding SO 9 on Surplus Funds

GPO 1998-1: Adopting Amended Local Bankruptcy Rules

GPO 1998-2: Amend Local Bankruptcy Rules

GPO 1998-3: Limited Publication of Opinions and Orders

GPO 1999-2: Amend Local Bankruptcy Rules

GPO 1999-4: Reassigning Cases Previously Assigned to Judge Roland J. Brumbaugh

GPO 2000-1: Reassigning Cases Previously Assigned to Judge Patricia Ann Clark

GPO 2001-1: Matter of Procedures for Fee Applications in Chapter 13 Cases

GPO 2001-2: Reassigning of Cases Previously Assigned to Judge Charles E. Matheson

GPO 2001-3: Implementation of the Assignment of Cases Statewide

GPO 2001-5: Designation of Registry Depository

GPO 2001-6: Implementation of Amendments to Federal Rules and Vacating General Procedure Orders Numbers 1993-3 and 1994-2

GPO 2001-7: Guidelines for Preparation and Submission of Mailing Matrix

GPO 2001-8: Implementation of Mandatory Electronic Filing Procedures

GPO 2002-1: Reassigning of Cases Previously Assigned to Judge Marcia S. Krieger

GPO 2002-2: Matter of Deficient Cases Tendered for Filing (Fees and List of 20 Largest Creditors)

GPO 2002-4: Matter of Deficient Cases Tendered for Filing (Mailing Matrix or Statements and Schedules):

GPO 2002-5: Matter of Waiving Filing Fee for Electronic Amendments

GPO 2002-6: In the Matter of Procedures in Chapter 11 Cases

GPO 2003-1: Reassigning Cases Previously Assigned to Judge Donald E. Cordova

GPO 2003-2: Reassigning Cases Previously Assigned to Judge Donald E. Cordova

GPO 2003-4: Matter of Procedures for Privacy of Court Records

GPO 2003-5: Matter of Reassignment of Cases to Judge Michael E. Romero

GPO 2003-6: Matter of Voluntary Conversion at Request of Debtor

GPO 2004-1: Matter of Waiver of Requirement to File Exhibit B to Chapter 13 Fee Application

GPO 2004-3: Matter of Interim Amendment to Local Bankruptcy Rules and Forms for Chapter 13 (Superceded by GPO 2007-2)

GPO 2005-1: Matter of Refusing to Accept Amendments Without Filing Fee

GPO 2005-2: Matter of Servicemembers Civil Relief Act:

GPO 2005-3: Matter of Student Practice

GPO 2005-5: Matter of Adoption of Transitional Local Bankruptcy Rules and Forms

GPO 2005-7: Matter of Extension of Filing Deadlines

GPO 2005-8: Matter of Noticing 11 U.S.C. § 341 Meetings

GPO 2006-1: Matter of Adopting Transitional Local Bankruptcy Form

GPO 2006-2: Matter of Establishing Deadline to Raise Employee Income Record Deficiencies

GPO 2006-3: Matter of Providing Docket Entries When Meeting of Creditors Continued

GPO 2007-1: Matter of Procedures for Motions to Dismiss or Convert Chapter 11 Cases

GPO 2008-1: Matter of Communication Not in Violation of Automatic Stay

GPO 2008-2: Matter of Reaffirmation Cover Sheet

GPO 2008-4: Permitting Closure of Court Office Facilities

GPO 2008-5: Matter of Mandatory Filing of Claims

GPO 2008-6: Matter of Vacating as Moot GPOs 2005-6 and 2006-4

GPO 2009-1: Matter of Vacating GPO 2002-5 Waiving Miscellaneous Filing Fee

SO 1: Deputy Clerks Authorization to issue Summons and Notices of Trial

SO 4: (Amended) Order Rescinding Waiver of Fee for Amendments

FURTHER ORDERED that the following orders, attached hereto, remain in effect and shall be referenced as GPO 2009-4 followed by the original GPO or SO numeric reference:

GPO 2009-3 (1994-3): Matter of the Implementation of Pro Bono Representation

GPO 2009-3 (1996-1): In the Matter of Implementation of Assignment of Cases

GPO 2009-3 (1996-3): Matter of Limiting Notice in Chapter 7

GPO 2009-3 (1996-5): Matter of Exemption to Payment of PACER Access Fees (Trustees)

GPO 2009-3 (1997-1): Matter of Exemption to Payment of Access Fees (Colorado Judiciary)

GPO 2009-3 (1999-1): Matter of Providing Copies of an Abstract of Discharge

GPO 2009-3 (1999-3): Matter of Notices Mailed by Clerk for Others

GPO 2009-3 (2000-2): Matter of Court Electronic Noticing Procedures

GPO 2009-3 (2001-4): Matter of Obsolete Standing Orders and General Procedure Orders

GPO 2009-3 (2002-3): Matter of Exemption to Payment of Access Fees (Administrator of Pro Bono Program)

GPO 2009-3 (2005-4): Maintaining a List of Institutions Exempt from PACER Fees

GPO 2009-3 (2006-5): Matter of Modifying the Public Record in Certain Situations

GPO 2009-3 (2007-2): Procedures for Fee Application in Chapter 13 Cases (applies to cases pending as of November 30, 2009)

GPO 2009-3 (2008-3): Matter of Disposition of Original Version of Redacted Transcripts

GPO 2009-3 (2008-7): Matter of Adoption Interim Rule to Implement the National Guard and Reservist Debt Relief Act

GPO 2009-3 (2009-2): Matter of Court Closure December 24, 2009

GPO 2009-3 (SO-5): Regarding Modification of Stay to Allow Assessments, Offsets and Refunds of Taxes for the Internal Revenue Service and Colorado Department of Revenue

GPO 2009-3 (SO-13): Order Delegating Authority to Clerk or His Designated Deputy to Enter Certain Ministerial Orders on Behalf of the Court, vacating the following paragraphs: 10, 11 and 12.

GPO 2009-3 (SO-14): Order Regarding Rule 67 Federal Rules of Civil Procedure (modifying paragraph 4 to provide for fees as set by the Director of the Administrative Office)

GPO 2009-3 (SO-16): Denying Motion to Reopen Bankruptcy Case Where Filing Fee Has Not Been Tendered

FURTHER ORDERED that the following orders, remain in effect and shall be referenced to as IPO 2009-1 followed by their former GPO or SO numeric reference:

IPO 2009-1: (GPO-1996-6): Matter of Compensatory Time Policy

IPO 2009-1: (GPO-2000-3): Authorizing Clerk to Appoint and Remove Deputies

IPO 2009-1: (GPO-2003-3): Matter of a Local Employee Recognition Program:

IPO 2009-1: (GPO-2004-2): Matter of Establishment of a Telecommuting Policy

IPO 2009-1: (GPO-2007-3): Matter of Bankruptcy Court Records Retention and Disposal

IPO 2009-1: (SO-15): Order Regarding Signatories Required for Disbursements of Registry Funds

IPO 2009-1: (SO-10): Appointment of Clerk of Court and Certification of Need Therefore

FURTHER ORDERED that this General Procedure Order is effective commencing December 1, 2009.

Dated: 11/30/2009

By the Court:

Howard R. Tallman, Chief Judge
Sidney B. Brooks, Judge
A. Bruce Campbell, Judge
Elizabeth E. Brown, Judge
Michael E. Romero, Judge


General Procedure Order Number 2009-4
In the Matter of Chapter 13 Fee

THIS MATTER comes before the Court pursuant to L.B.R. 2016-3 wherein the Court is charged with issuing a Chapter 13 Fee GPO to set a presumptively reasonable fee allowance. Accordingly,

IT IS HEREBY ORDERED that the presumptively reasonable fee allowance is set at $3,300 (PRF amount), as a total fee (not including expenses) for the timely rendering of Basic Services, as necessary and appropriate, listed on attached Exhibit A. The PRF amount will be applicable to all cases filed on or after December 1, 2009. Cases filed prior to December 1, 2009, remain subject to the PRF amount set in General Procedure Order Number 2007-2.

FURTHER ORDERED that this General Procedure Order is effective commencing December 1, 2009.

Dated: 11/30/09

By the Court:

Howard R. Tallman, Chief Judge
Sidney B. Brooks, Judge
A. Bruce Campbell, Judge
Elizabeth E. Brown, Judge
Michael E. Romero, Judge

Commentary

See L.B.R. 2016-3 and L.B.Form 2016-3.1, L.B.Form 2016-3.4, L.B.Form 2016-3.3 and L.B.Form 2016-3.2. The PRF does not include services required for adversary proceedings.


Exhibit A
Basic Services Anticipated in Chapter 13 Cases

The following services are Basic Services common to most Chapter 13 cases. Some cases will not require all of these services, but such services are considered essential to competent and effective representation of most debtors in Chapter 13. By utilizing the Presumptively Reasonable Fee (PRF) procedure, the attorney for the debtor(s) agrees to perform these services as part of the chapter 13 case. If providing these services results in a fee in excess of the PRF, counsel must apply for fees in accordance with the Bankruptcy Code and Rules. The PRF procedure is intended to cover pre-confirmation fees. If necessary, counsel may file a fee application for fees incurred post-confirmation.

1. Meet with the debtor(s) to review and analyze the debtor(s)’ financial situation.

2. Counsel the debtor(s) on whether the filing of a bankruptcy case is appropriate and necessary and, if so, whether to file a Chapter 7 or Chapter 13 case.

3. Advise the debtor(s) of their statutory obligations once a bankruptcy is filed, both pre- and post-confirmation.

4. Evaluate the timing of the filing.

5. Evaluate conflict of interest issues.

6. Explain to the debtor(s) the nature and amount of fees and expenses to be charged for the Basic Services. Provide the debtor(s) with a copy of this Exhibit A of Basic Services.

7. If required to e-file, e-file all documents on debtors behalf.

8. Analyze eligibility for discharge.

9. Prepare and file required documents, including, but not limited to, the schedules and statement of affairs and Form B22 C, Statement of Current Monthly Income, and other information required to be filed by section 521(a) of the Code.

10. Assist the debtor(s) in formulating a budget and Chapter 13 plan.

11. Respond to creditor inquires.

12. Timely supply requested information to the Chapter 13 Trustee.

13. Advise the debtor(s) with regard to the automatic stay.

14. Take appropriate action with respect to the automatic stay.

15. Appear at and represent the debtor(s) at the § 341 meeting of creditors.

16. Review claims filed by the final hearing on confirmation and account for them in the plan.

17. Represent the debtor(s) in negotiations with the Chapter 13 Trustee.

18. Prepare and file any necessary amendments to schedules, statements and proposed plans.

19. Where Debtor(s) own real estate or has lawsuits, obtain a lien search and if applicable, prepare and file motions for avoidance of liens.

20. Represent the debtor(s) at any Rule 2004 examination.

21. File or object to proofs of claim, as necessary.

22. If appropriate, prepare and file responses to motions and appear at any hearings.

23. Represent debtors in plan confirmation process and attend hearing if necessary on objections to confirmation.

24. Prepare all proposed orders and give all notices as required.

25. Comply with T.L.B.R. 1017 and 3015, 11 U.S.C. §§ 521 and 1308.


General Procedure Order Number 2009-5
In the Matter of Mandatory Electronic Filing for
Certain Creditors and Their Agents
Filing Proofs of Claim or Interest

THIS MATTER arises sua sponte to apply mandatory electronic filing requirements to creditors and their agents who file with the Clerk, on average, one or more proofs of claim or interest per week. These filers, if they are not already mandatory electronic filing attorneys, will be considered limited registrants for limited electronic filing and will be required to complete the Court’s registration form and obtain a procedural manual in order to be assigned an electronic filing login to file claims. Accordingly, it is

ORDERED that commencing December 1, 2009, creditors and their agents who file, on average, one or more proofs of claim or interest per week are required to file them electronically.1

FURTHER ORDERED that creditors and their agents who are required to file proofs of claim or interests electronically are required to complete the Court’s registration form, obtain a procedural manual from the Court and be assigned an electronic filing login, in that order.

FURTHER ORDERED that this General Procedure Order is effective commencing December 1, 2009.

Dated: 11/30/09

By the Court:

Howard R. Tallman, Chief Judge
Sidney B. Brooks, Judge
A. Bruce Campbell, Judge
Elizabeth E. Brown, Judge
Michael E. Romero, Judge

Note

1. Limited registrants for filing proofs of claim are not required to be attorneys, however, the ramifications of using the login will be the same for limited registrants as they are for attorneys pursuant to L.B.R. 5005-4 and 9011-4.

© 2010 The Colorado Lawyer and Colorado Bar Association. All Rights Reserved. Material from The Colorado Lawyer provided via this World Wide Web server is protected by the copyright laws of the United States and may not be reproduced in any way or medium without permission. This material also is subject to the disclaimers at http://www.cobar.org/tcl/disclaimer.cfm?year=2010.


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