DEFINITIONS – Amended August 1, 2013

(a)        Definitions.  Unless inconsistent with the context, in these Local Bankruptcy Rules --

(1)        “Bankruptcy Act” means the Bankruptcy Act of 1898, ch. 541, 30 Stat. 544 (repealed 1978);

(2)        “Bankruptcy Code” means title 11 of the United States Code, as amended from time to time;

(3)        “Bankruptcy Rules” means the Federal Rules of Bankruptcy Procedure and Official Bankruptcy Forms promulgated pursuant to 28 U.S.C. § 2075, as amended from time to time;

(4)        “Chief Judge” means the Chief Judge of the Court;

(5)        “Clerk" means the clerk or deputy clerk of the Court;

(6)        “CM/ECF” means the Case Management/Electronic Case File System implemented in this Court, sometimes referred to herein as "ECF";

(7)        “Court” means the United States Bankruptcy Court for the Southern District of New York;

(8)        “District Clerk” means the clerk or deputy clerk of the District Court;

(9)        “District Court” means the United States District Court for the Southern District of New York;

(10)      “District Judge” means a United States District Judge appointed to, or sitting by designation in, the District Court;

(11)      “Former District Rules” means the Rules for General, Civil, Criminal, Admiralty and Magistrate Judge Proceedings for the United States District Court for the Southern District of New York, effective from October 26, 1983 through April 15, 1997;

(12)      “Former Local Bankruptcy Rules” means the United States Bankruptcy Court Southern District of New York Local Bankruptcy Rules, effective from April 21, 1986 through April 10, 1996;

(13)      “Judge” means a bankruptcy judge appointed to or sitting by designation in the Court (or, with respect to a proceeding that has not been referred or which has been withdrawn, the District Judge);

(14)      “Local District Rules” means the Local Rules for the United States District Court for the Southern and Eastern Districts of New York, as amended from time to time;

(15)      “Return Date” means the date set for a hearing on a motion or application, and

(16)     “United States Trustee” means the United States trustee or an assistant United States Trustee for the Southern District of New York.

(b)        Rules of Construction.

(1)        Unless inconsistent with the context, the meanings of other words and phrases used in these Local Bankruptcy Rules shall be construed in accordance with the Bankruptcy Code and Bankruptcy Rules.

(2)        Local Bankruptcy Rules containing references and URL links to guidelines, procedures, or forms on the Court’s website shall be construed to mean such guidelines, procedures, and forms as amended from time to time.

(c)        Use of Terms “Documents” and “Papers.”  The terms "documents" and "papers" as used in these Local Bankruptcy Rules include those filed or transmitted by electronic means.

Comment

            Subdivisions (a) and (b) of this rule are derived from Former Local Bankruptcy Rule 2.  Subdivision (c) of this rule was added in 1996.

            Subdivision (a) of this rule was amended in 2013 to add the definition of “return date.”  This defined term was added to clarify that all references in the Local Bankruptcy Rules to return date mean the date set for a hearing on a motion or application, not the date on which objections or replies are due.  Although an actual hearing may not be required in the absence of an objection or request for a hearing, the date set for a hearing in the event that a hearing is or becomes necessary is the “return date.” The return date is often used in the Local Rules as a reference point for determining certain deadlines.  See Local Bankruptcy Rule 9006-1.

            Subdivision (b) of this rule was amended in 2013 to add paragraph (2), which provides that a reference to URL links and guidelines in these Local Bankruptcy Rules is to be construed as a reference to such guidelines, procedures, and forms as they may be amended by the Court from time to time.