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All motions may, in the court’s discretion, be considered and decided with or without a hearing.
LR 79-1. FILES AND EXHIBITS - CUSTODY AND WITHDRAWAL.
(a) All files and records of the court shall remain in the custody of the clerk, and no record or paper belonging to the files of the court shall be taken from the custody of the clerk without written permission of the court and then only after a receipt has been signed by the person obtaining the record or paper.
(b) The clerk shall mark and have safekeeping responsibility for all exhibits marked and identified at trial or hearing. Unless there is some special reason why the originals should be retained, the court may order exhibits to be returned to the party who offered the same upon the filing of true copies thereof in place of the originals.
(c) Unless otherwise ordered by the court, the clerk shall continue to have custody of the exhibits until the judgment has become final and the time for filing a notice of appeal and motion for a new trial has passed, or appeal proceedings have terminated.
(d) Where no appeal is taken, after final judgment has been entered and the time for filing a notice of appeal and motion for a new trial has passed, or upon the filing of a stipulation waiving the right to appeal and to a new trial, any party may upon twenty (20) days’ prior written notice to all parties withdraw any exhibit originally produced by it unless some other party or person files prior notice with the clerk of a claim to the exhibit. If such a notice of claim is filed the clerk shall not deliver the exhibit except with the written consent of both the party who produced it and the claimant or until the court has determined the person entitled thereto.
(e) If exhibits are not withdrawn within twenty (20) days after notice by the clerk to the parties to claim the same, the clerk shall, upon order of the court, destroy or make such other disposition of the exhibits as the court may direct.
Part III - Local Rules of Bankruptcy Practice
LR 1001. TITLE; SCOPE OF RULES.
(a) Title. These rules constitute the Local Rules of Practice of the United States District Court, District of Nevada. This part governs cases and proceedings before the United States Bankruptcy Court of this district. These rules may be cited as “LR ____”.
(b) Applicability of local bankruptcy and district court rules.
(1) The Federal Rules of Bankruptcy Procedure and these local rules govern procedure in all bankruptcy cases and proceedings in the District of Nevada. Except for those matters contained in Part IA of the Local Rules of Practice for the United States District Court for the District of Nevada, no other local rules of practice of the United States District Court for the District of Nevada apply.
(2) All cases and proceedings within the bankruptcy jurisdiction of the courts are referred to the bankruptcy judges. Except as provided in LR 8001, et seq., these local rules shall not apply to bankruptcy proceedings in the district court.
(3) These rules supplement or, as permitted, modify the Federal Rules of Bankruptcy Procedure and shall be construed to be consistent with the Federal Rules of Bankruptcy Procedure and to promote the just, efficient and economical determination of every action and proceeding.
(4) These rules become effective December 1, 2000, and shall govern all actions and proceedings pending or commenced on or after that date.
(c) General and special orders, guidelines, and policy statements.
(1) These rules may be amended subsequent to their effective date by administrative order of the court. There may be other matters relating to internal court administration that, in the discretion of the court en banc, may be accomplished through the use of general orders. The clerk shall maintain copies of such orders, guidelines, and policy statements that relate to practice before this court and shall make copies available upon request and the payment of a nominal charge.
(2) As of the date of adoption of these rules, all administrative orders shall be superseded by these local rules. All future administrative orders shall be categorized by the year of adoption and numbered consecutively.
(d) Procedures outside the rules. These rules are not intended to limit the discretion of the court in any respect. The court may, upon a showing of good cause, waive any of these rules, or make such additional orders as it may deem appropriate and in the interests of justice.
(e) Sanctions for noncompliance with rules. Failure of counsel or of a party to comply with these rules, with the Federal Rules of Civil Procedure or with the Federal Rules of Bankruptcy Procedure, or with any order of the court may be grounds for imposition of any and all sanctions, including, without limitation, the imposition of monetary sanctions.
(f) United States Trustee Guidelines. The United States Trustee may, from time to time, issue guidelines regarding all matters in or relating to cases under title 11 of the United States Code. Copies of such guidelines shall be available from the United States Trustee upon request.
LR 1002. PETITION - GENERAL.
(a) Number of copies.
(1)The clerk of the court shall maintain a list of copy requirements which will specify the minimal number of copies to be submitted for filing. The clerk of the court may from time to time revise the list of copy requirements. When revised, the list of copy requirements shall be reissued in full with a notation of the effective date of the revision. Copies of the list of copy requirements shall be available from the clerk of the court upon request, and shall be posted on the court’s web site at http://www.nvb.uscourts.gov.
(2) In all cases in which the Internal Revenue Service is listed as a creditor, and in all chapter 11 cases, one additional copy of all petitions, lists, schedules, statements, and amendments thereto, and one additional copy of all chapter 11, 12 or 13 plans, shall be filed.
(3) If the filer wishes to receive a file-stamped copy of any petition, list, schedule, statement, and amendment thereto, or pleading or other paper submitted for filing, such person shall submit one additional copy and, if by mail, a self-addressed, postage paid envelope.
(4) Notwithstanding this rule, upon request from the clerk a person shall furnish to the clerk additional copies in any particular case or proceeding as requested.
(b) Additional documents. When a voluntary petition is filed by a corporation, there shall be attached to the petition as an exhibit a true copy of the resolution of the petitioner’s board of directors authorizing the filing of the petition.
(c) Debtor’s duty to notice other courts of the filing of bankruptcy petition. Within fifteen (15) days after filing a bankruptcy petition, the debtor shall serve a notice of the commencement of the bankruptcy case on the clerk of any court where any claim or cause of action is pending against, or on behalf of, the debtor. The debtor or debtor’s counsel shall file evidence of service of the notice with the bankruptcy court within five (5) days after service is completed.
(d) Disclosure statement. In addition to other documents required to be filed, any non-governmental, non-individual debtor shall file with the petition, or within fifteen days thereafter, a statement identifying all “affiliates” and “insiders” (as defined in 11 U.S.C. § 101(2)(31)). Counsel have an ongoing obligation to supplement their disclosure consistent with this rule if there is any change in the identification of parties.
LR 1003. JOINDER OF PARTIES IN INVOLUNTARY CASE; NOTICE.
Upon the debtor’s filing of an answer averring the existence of twelve (12) or more creditors, the creditor(s) filing the involuntary petition shall serve a copy of the petition, the answer, and a notice to each such creditor. The notice shall specify that the creditor may join in the petition before the hearing date held thereon.
LR 1004. PETITION - PARTNERSHIP.
When a voluntary petition is filed by a partnership, evidence of the consent of all general partners shall be attached to the petition unless other than unanimous consent is permitted by a written partnership agreement. In the event that the partnership agreement allows other than unanimous consent, a declaration to that effect will be attached to the petition.
LR 1005. PETITION - CAPTION.
The name, Nevada state bar number, address and telephone number of the attorney and any associated attorney appearing for the party filing the petition, or the name, address and telephone number of a party appearing in pro se; and the chapter of the Bankruptcy Code under which the case is filed shall be included upon the first page and/or second page of every petition presented for filing.
LR 1006. FILING FEE; PAYMENT OF FILING FEE IN INSTALLMENTS.
Applicants for Permission to Pay Filing Fees in Installments by individuals shall provide that an initial payment of no less than fifty dollars ($50) shall be made within forty-eight (48) hours of the filing of the petition, a second payment of no less than fifty dollars ($50) shall be made within thirty (30) days after the filing of the petition, and the balance of the filing fee shall be paid within sixty (60) days after the filing of the petition. Any application requesting payments to be made in a different manner shall be supported by an affidavit describing special circumstances.
LR 1007. LISTS, SCHEDULES AND STATEMENTS; MAILING - LIST OR MATRIX.
(a) Number of copies. See in LR 1002(a).
(b) Master mailing matrix.
(1) Duty to prepare. The debtor shall file a master mailing list on a form approved by the clerk. Upon receipt of the master list, the clerk shall enter the filing date.
(2) Form and content. The following information shall be contained in the master mailing matrix:
(A) The debtor’s name and address and that of the debtor’s attorney shall be stated as the first and second items, followed by a list of the names and addresses of creditors, either alphabetically or alphabetically by category, including those parties to pending lawsuits indicated on the Debtor’s Statement of Financial Affairs, and those additional parties and governmental entities specified in LR 2002;
(B) All addresses shall include zip codes;
(C) If the debtor is a partnership or a corporation, the names and addresses of all general partners or corporate officers shall be listed; and
(D) A declaration by the debtor attesting to the completeness and correctness of the list.
(3) Amendment. A supplement to the master list shall be submitted with the filing of any amended schedule of creditors. The supplement shall not otherwise repeat those creditors set forth in the master list, but shall list only the following information:
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