FILING OF PETITION – Amended August 1, 2013

(a)       A petition commencing a case under the Bankruptcy Code may be filed in any office of the Clerk or by electronic means established by the Court.

(b)       Notice Regarding Filing of a Chapter 11 or Chapter 15 Petition.  To the extent practicable, when a prospective chapter 11 debtor or chapter 15 petitioner anticipates the need to seek orders for immediate relief, counsel for the debtor or petitioner must contact the United States Trustee and the Clerk prior to filing a voluntary petition for relief under chapter 11 or chapter 15 of the Bankruptcy Code, for the purpose of advising the United States Trustee and the Clerk of the anticipated filing of the petition (without disclosing the identity of the debtor or petitioner) and the matters on which the debtor or petitioner intends to seek immediate relief.

Comment

            This rule is derived from Former Local Bankruptcy Rule 9(a).

            Practitioners should refer to Local Bankruptcy Rule 5005-2, which governs filing by electronic means.

            Subsection (b) of this rule was added in 2016.  Subsection (b) is designed to alert the Court of impending motions seeking immediate first day relief and to give the United States Trustee time to review proposed, complex orders that may be entered at the conclusion of a “first day hearing,” including debtor in possession orders and the like.