Western District of Washington Document Filing Requirements

CRITICAL

Applies to

Plan

Debtor must file supporting evidence (e.g., declaration) with the plan for valuation assertions.

file, with the plan, evidence (e.g. a declaration) supporting the debtor's factual assertions regarding the value of the collateral and the amount of the relevant liens;

CRITICAL

Applies to

Request for tax information

Must include

specific language

Requests for tax information filed with the court must contain the following language: Movant is hereby advised that the tax information obtained is confidential and may not be disseminated except as appropriate under the circumstances of the case. Movant is further advised that substantial monetary sanctions (up to $10,000 per disclosure without further notice) and other sanctions may be imposed by the Court for an improper use, disclosure, or dissemination of the tax information.

Requests for tax information filed with the court must contain the following language: Movant is hereby advised that the tax information obtained is confidential and may not be disseminated except as appropriate under the circumstances of the case. Movant is further advised that substantial monetary sanctions (up to $10,000 per disclosure without further notice) and other sanctions may be imposed by the Court for an improper use, disclosure, or dissemination of the tax information.

CRITICAL

Applies to

Motion for hardship discharge

Must include

proposed order

Motions for hardship discharge must include a sworn declaration, supplemental Schedules I and J, and a proposed order conforming to Local Bankruptcy Form 13-7.

Motions for discharge under 11 U.S.C. § 1328(b) shall be filed with the court and served on the trustee, United States trustee, and all creditors at least 21 days preceding the date fixed for hearing. The motion shall set forth the basis for the discharge and provide evidence (including a sworn declaration from the debtor) in support of the motion. Contemporaneously with filing the motion and declaration, the debtor shall file supplemental Schedules I and J and provide the trustee copies of all payment advices or other evidence of proof of income received within the last 30 days. A copy of a proposed order shall be attached as an exhibit to the motion as a separate document and the order shall conform with Local Bankruptcy Form 13-7.

CRITICAL

Applies to

Reaffirmation agreement

Reaffirmation agreements must use Director's Reaffirmation Agreement forms and be filed with Reaffirmation Agreement Cover Sheet, Official Form B 427.

The Administrative Office of the United States Courts has issued Director’s Reaffirmation Agreement forms (available on the court’s website) which must be completed for all reaffirmation agreements, and shall be filed with the Reaffirmation Agreement Cover Sheet, Official Form B 427.

CRITICAL

Applies to

List of creditors

Debtor must file a list of creditors within 7 days of petition filing.

A debtor in a voluntary case shall file or submit a list of creditors in the format required by the office of the clerk of court, containing the names and addresses of each entity included or to be included on Schedules D, E/F, G and H, as required by 11 U.S.C. § 521(a)(1)(A) and Fed. R. Bankr. P. 1007(a)(1), no later than 7 days from the date of the filing of the petition.

CRITICAL

Applies to

Motion to reopen

A motion to reopen a case shall state the purpose for reopening the case, whether assets were administered in the case, whether a deadline was established for filing proofs of claim, and whether a trustee needs to be appointed. Except as provided for in subsection (b), the motion shall be noted for hearing in accordance with Local Bankruptcy Rule 9013-1, with notice to the case trustee and any affected parties.

A motion to reopen a case shall state the purpose for reopening the case, whether assets were administered in the case, whether a deadline was established for filing proofs of claim, and whether a trustee needs to be appointed. Except as provided for in subsection (b), the motion shall be noted for hearing in accordance with Local Bankruptcy Rule 9013-1, with notice to the case trustee and any affected parties.

CRITICAL

Applies to

Jury demand

Jury trial demands must be made in a separate document titled 'Demand for Jury Trial'.

Where a jury trial is demanded as permitted by Fed. R. Civ. P. 38, said demand shall be made, whether or not also made in a pleading, in a separate document entitled “Demand for Jury Trial”

CRITICAL

Applies to

Reaffirmation agreement

Reaffirmation agreements must include copies of underlying agreements, modifications, and documentation of security interest or nondischargeability basis.

Copies of any agreements which the debtor has agreed to continue to perform or pay, together with any modifications of those agreements, shall be attached to the reaffirmation agreement together with documentation of any security interest and the perfection of such security interest or a memorandum setting forth why perfection is unnecessary and supporting declaration(s) establishing any required facts. If the reaffirmation is of a debt claimed to be nondischargeable, the creditor shall file a memorandum setting forth the basis for the nondischargeability, together with a declaration(s) establishing a prima facie case.

CRITICAL

Applies to

Ex parte order

Ex parte orders must include 'ex parte' in the title.

Ex parte orders. An ex parte order shall contain the words "ex parte" in its title.

CRITICAL

Applies to

Motion for withdrawal of reference

Must include

caption

Motion for withdrawal of reference must have specific caption.

A motion for withdrawal of reference shall be designated: "Motion for Withdrawal of Reference."

CRITICAL

Applies to

Motion to shorten time

Must include

proposed order

Motions to shorten time must include a proposed order and be filed with the underlying motion papers.

The motion requesting an order shortening time or limiting notice along with the underlying motion papers and a proposed form of order shortening time or limiting notice, shall be filed and served on all parties entitled to notice of the underlying motion unless otherwise ordered by the court.

CRITICAL

Applies to

Hardship discharge order

Must include

certificate of service

Debtor must serve hardship discharge order on all creditors and file a certificate of service.

Hardship Discharge (Local Bankruptcy Form 13-7), debtor or debtor’s counsel shall serve the entered order on all creditors in the manner provided in Fed. R. Bankr. P. 2002 and shall file a certificate of service that service has been effected.

CRITICAL

Applies to

Objection to order

Objections to an order must state reasons with particularity and include an alternate order as an attachment.

Any such objection shall state with particularity the reasons for the objection and shall include as an attachment an alternate order.

CRITICAL

Applies to

Plan

Debtor must include specific language in Section X of the plan regarding valuation of secured claim.

include the following language in Section X of the plan: "____________[creditor] holds a security interest or lien against ___________[collateral]. The value of the collateral is $_________. The claims of other creditors holding higher priority security interests or liens against the collateral total $________. Accordingly, the amount of _________[creditor's] secured claim is $___________[collateral value minus total amount of higher priority secured claims]. The balance of ________[creditor's] claim is an unsecured claim. The monthly payment on the secured claim under the plan is $_______. The final avoidance and/or determination of the secured status of a creditor’s lien in this plan is contingent upon the debtor’s completion of the plan. If this case is converted to another chapter of the Bankruptcy Code or if this case is dismissed, the relevant provisions of 11 U.S.C. §§ 348 and 349 control the validity of the lien avoidance and/or determination."

CRITICAL

Applies to

Plan

Debtor must complete Section IV.C. of the plan with specific formatting for collateral and monthly payment lines.

complete Section IV.C. of the plan and include both "See X" on the line titled "Collateral" before describing the collateral and the proposed monthly payment on the line titled "Monthly Payment" (if the plan completely strips the lien, the monthly payment will be $0);

CRITICAL

Applies to

Stipulation or agreement for cash collateral or financing

Must include

local rule certificate

Counsel must certify whether the cash collateral or financing agreement contains any disapproved provision from Part A, identify it, and explain its justification.

counsel for the debtor (or trustee) must certify whether the agreement contains any provision listed in part A, identify any such provision, and explain its justification.

CRITICAL

Applies to

Chapter 13 information sheet

Debtor must submit a complete Chapter 13 Information Sheet to the trustee at the time of petition filing.

At the time the petition is filed, the debtor shall submit to the trustee a complete Chapter 13 Information Sheet (Local Bankruptcy Form 13-2).

CRITICAL

Applies to

Petition

Petitions by unrepresented individuals must include debtor's signature; missing signature results in rejection or 7-day deficiency notice for joint petitions.

A petition submitted for filing by an unrepresented individual must include the signature of the debtor (and joint debtor if applicable) in accordance with Local Bankruptcy Rule 5005-1(c)(2) or be subject to rejection by the clerk of court and returned to the debtor with no bankruptcy case opened. Joint petitions filed without the signature of a joint debtor will be issued a 7-day deficiency notice to provide the missing signature.

CRITICAL

Applies to

Motion

Must include

local rule certificate

Motions for approval of cash collateral and financing stipulations must contain the certification of counsel required by the Guidelines.

The Guidelines for Cash Collateral and Financing Stipulations (Appendix A to these Local Bankruptcy Rules, as may be modified from time to time and posted on the court’s website) apply to all motions for approval of such stipulations, interim and final, and all motions for approval thereof must contain the certification of counsel required by the Guidelines.

CRITICAL

Applies to

Chapter 13 plan

Chapter 13 plans must use Local Bankruptcy Form 13-4, with all blanks completed and signed by debtor and attorney.

All plans shall conform to Local Bankruptcy Form 13-4. All appropriate blanks on the form shall be completed. The debtor and the debtor’s attorney (if represented by counsel) shall sign and date where indicated.

CRITICAL

Applies to

Chapter 13 dismissal order

Ex parte chapter 13 dismissal orders must include 'ex parte' in the title and require trustee authorization before filing.

If the motion is ex parte, (1) the words “ex parte” shall be added to the title of the order and (2) the debtor shall obtain the chapter 13 trustee’s authorization prior to filing the order as a received unsigned order.

CRITICAL

Applies to

Rights and responsibilities disclosure

Attorneys must provide the Rights and Responsibilities Disclosure to chapter 13 debtors, signed by debtor and attorney; non-compliance may result in fee denial or disgorgement.

Attorneys representing debtors in chapter 13 cases shall provide debtors with a copy of Local Bankruptcy Form 13-5 entitled “Rights and Responsibilities of Chapter 13 Debtors and Their Attorney” (“Rights and Responsibilities Disclosure”). The Rights and Responsibilities Disclosure shall be signed by each debtor, certifying receipt, and by the debtor’s attorney. Failure to provide a copy of the Rights & Responsibilities Disclosure may result in denial or disgorgement of attorney fees.

CRITICAL

Applies to

Proof of service

Must include

certificate of service

Debtor must file a proof of service with the plan showing compliance with the service requirement for lien avoidance.

file, with the plan, a proof of service showing compliance with subsection (g)(4).

CRITICAL

Applies to

Initial pleading

Parties must file a Notice Regarding Final Adjudication and Consent with their initial pleading in adversary proceedings; failure to file constitutes consent to final orders by the bankruptcy judge.

In an adversary proceeding before a bankruptcy judge, in addition to the statements in the pleadings required by Fed. R. Bankr. P. 7008(a) and 7012(b), each party shall file a separate document with its initial pleading (the complaint, counterclaim, cross-claim, third party complaint, answer or other responsive pleading) to be entitled Notice Regarding Final Adjudication and Consent. The Notice Regarding Final Adjudication and Consent shall include a repetition of the statements required by Fed. R. Bankr. P. 7008(a) and 7012(b). Failure by a party to file a Notice Regarding Final Adjudication and Consent as required by this rule or by a date certain fixed by court order shall constitute that party’s consent to entry of final orders or judgments by the bankruptcy judge.

CRITICAL

Applies to

Motion for sale

Chapter 13 debtors seeking to sell real property must file a motion, purchase agreement, and declaration of arm's length transaction.

A chapter 13 debtor seeking to sell real property shall file a motion requesting approval to sell the property, the purchase and sale agreement and any amendments, and a declaration of the debtor indicating whether the sale is an arm’s length transaction for fair market value.

CRITICAL

Applies to

Plan

Debtor must file supporting evidence (e.g., declaration) with the plan for avoidance assertions.

file, with the plan, evidence (e.g. a declaration) supporting the debtor's factual assertions regarding the value of the collateral, the amount of the debtor’s exemption and the amount of relevant liens;

CRITICAL

Applies to

Ex parte motion

Ex parte motions must include specific facts, statutory authority, reasons for ex parte treatment, and for adversary proceedings, irreparable injury and notice efforts.

administrative orders, shall (A) allege specific facts forming the basis of the request, (B) cite the statute or rule authorizing the court to act, and (C) state specific reasons why the court should proceed without notice or a hearing. If the motion arises in an adversary proceeding or a contested matter as defined in Fed. R. Bankr. P. 9014, the moving party shall, in addition, describe (D) what immediate and irreparable injury, loss or damage will result to the movant before the adverse party or his attorney can be heard in opposition; and (E) the efforts, if any, which have been made to give notice to the adverse party and his attorney.

CRITICAL

Applies to

Schedules and statements

Debtor must file schedules and statements with the petition; failure may result in dismissal after 15 days' notice.

A debtor in a voluntary case shall file or submit with the petition the items required by Fed. R. Bankr. P. 1007(b) and 11 U.S.C. ... Failure to file or submit these schedules and statements may result in dismissal of the debtor’s case, provided that the docket shows that the debtor was given 15 days' notice of this provision.

CRITICAL

Applies to

Default order

Must include

proposed order

If no opposition to a motion has been timely filed and served, in accordance with Local Bankruptcy Rule 9013-1(d)(5), the court in its discretion may: (1) grant the motion by default at the hearing, or (2) grant the motion prior to the time set for hearing, upon the moving party’s uploading of a received unsigned order, accompanied by proof of the service and a declaration of no objection stating the date of service of the notice of the motion and that no objections were timely received.

If no opposition to a motion has been timely filed and served, in accordance with Local Bankruptcy Rule 9013-1(d)(5), the court in its discretion may: (1) grant the motion by default at the hearing, or (2) grant the motion prior to the time set for hearing, upon the moving party’s uploading of a received unsigned order, accompanied by proof of the service and a declaration of no objection stating the date of service of the notice of the motion and that no objections were timely received.

CRITICAL

Applies to

Motion

Motion after denial must include explanation of need and certification of prior continuance request.

If the request for a continued hearing or alternate appearance is denied by the trustee or United States Trustee, the debtor may file a motion seeking court approval of the continuance or alternate appearance. Any motion must contain an explanation of the need for the modification and a certification that the debtor sought a continuance from the trustee or United States Trustee under paragraphs (b)(1) and (b)(2) of this Rule.

CRITICAL

Applies to

Response to motion for reconsideration

Opposing parties may not respond to a motion for reconsideration unless the court requests a response.

The opposing party shall not respond to a motion for reconsideration unless requested to do so by the court.

CRITICAL

Applies to

Petition

Petitions by ECF filers must include debtor's signature; missing signature may result in dismissal within 1 business day.

A petition filed by a registered ECF filer must include the signature of the debtor (and joint debtor if applicable) in accordance with Local Bankruptcy Rule 5005-1(c)(1) or be subject to dismissal within 1 business day, without further notice, as to the debtor whose signature is not provided.

CRITICAL

Applies to

Petition

Debtor must file a verified statement of social security number or taxpayer identification number with the petition.

A debtor shall file or submit with the voluntary petition a verified statement setting out the debtor’s social security number, taxpayer identification number, or a statement that the debtor does not have a social security number or taxpayer identification number.

CRITICAL

Applies to

Motion to seal

Must include

proposed order

Electronic filers must file a motion to seal with specific legal standards, evidentiary support, and a proposed order uploaded through ECF.

An electronic filer who seeks to file a document under seal must file a motion. The motion to file under seal must include a specific statement of the applicable legal standards and basis, with evidentiary support in the form of declarations where necessary. A proposed order shall be uploaded through ECF.

CRITICAL

Applies to

Plan

Debtor must complete Section IV.C. of the plan with specific formatting for collateral and monthly payment lines for lien avoidance.

complete Section IV.C. of the plan and include both "See X" in the line titled "Collateral" before describing the collateral and the proposed monthly payment on the line titled “Monthly Payment” (if the plan completely avoids the lien, the monthly payment will be $0);

CRITICAL

Applies to

Motion to withdraw

Withdrawal motions or stipulations must include client contact info (or certification of unsuccessful efforts), a statement that no deadlines are automatically continued, and a certification about pro se restrictions for non-individual clients.

Any motion or stipulation filed pursuant to subsection (b) must contain: (1) the client’s mailing address, telephone number and email address or a certification by the attorney that the attorney made all reasonable efforts to obtain the contact information of the client without success, (2) a statement that no deadlines, hearings or trials will be automatically continued as a result of the attorney’s withdrawal, and (3) if the client is not an individual, a certification by the attorney that the attorney has notified the client that the client may not appear or file pleadings pro se.

CRITICAL

Applies to

Plan modification motion

Must include

proposed order

Debtor must file amended plan, motion, declaration, identify changes, file supplemental schedules, provide payment advices, and attach proposed order for plan modification.

A debtor seeking post-confirmation plan modification shall file an amended plan, a motion requesting approval of the amended plan, and a declaration of the debtor explaining the need for the modification. The debtor shall identify in the motion all proposed changes by reference to the plan section number and with the specific changes listed. Contemporaneously with filing the motion and declaration, the debtor shall file supplemental Schedules I and J and provide the trustee copies of all payment advices or other evidence of proof of income received within the last 30 days. A proposed order approving the amended plan shall be attached to the motion as a separate document and shall substantially comply with Local Bankruptcy Form 13-6.

CRITICAL

Applies to

Plan

Debtor must include specific language in Section X of the plan regarding avoidance of judicial lien or security interest.

include the following language in Section X of the plan: "____________[creditor] holds a judicial lien or security interest avoidable under 11 U.S.C. § 522(f) against ___________[collateral]. The value of the collateral is $_________. The claims of other creditors holding higher priority security interests or liens against the collateral total $________. The Debtor is entitled to an exemption under 11 U.S.C. § 522(b) of $_______. Accordingly, the amount of _________[creditor's] secured claim is $___________[collateral value minus total amount of higher priority secured claims minus the Debtor’s exemption]. The balance of ________[creditor's] claim is an unsecured claim. The monthly payment on the secured claim under the plan is $______."

CRITICAL

Applies to

Proof of service

Must include

certificate of service

Debtor must file a proof of service with the plan showing compliance with the service requirement.

file, with the plan, a proof of service showing compliance with subsection (f)(4).

CRITICAL

Applies to

Motion for default judgment

Motions for default judgment must be supported by a declaration and evidence, including a concise explanation of calculations and, if based on contract, a copy of the contract.

The party seeking a default judgment must support a motion for default judgment with a declaration and other evidence establishing that party’s entitlement to a sum certain and/or to any nonmonetary relief sought. (A) The party shall provide a concise explanation of how all amounts were calculated and shall support this explanation with evidence establishing the entitlement to and amount of the principal claim, and, if applicable, any liquidated damages, interest, attorney’s fees, or other amounts sought. If the claim is based on a contract, plaintiff shall provide the court with a copy of the contract and cite the relevant provisions.

CRITICAL

Applies to

Fee application

Must include

proposed order

Fee applications must use Local Form 13-9, include an itemized time record, attach a proposed order (Local Form 13-10), and be served on the debtor and trustee.

All applications shall conform to Local Bankruptcy Form 13-9. All applications for compensation for services and for reimbursement of necessary costs and expenses shall be served on the debtor and the chapter 13 trustee. A notice of hearing on the application shall be served on the debtor, the chapter 13 trustee, and all creditors holding allowed claims. The application shall include an itemized time record that identifies the date the service was rendered, the identity of the person who performed the service and the hourly rate of the person, a detailed description of the service rendered and the time spent performing the service, and the total number of hours spent and the total compensation requested. A copy of a proposed order approving the application shall be attached to the application as a separate document and the order shall conform to Local Bankruptcy Form 13-10.

CRITICAL

Applies to

Proposed order

Must include

proposed order

Proposed orders and judgments must be filed as separate documents from the motion or stipulation.

A proposed form order or judgment, including one requested ex parte or by stipulation, must be filed on a document separate from its attendant motion or stipulation.

CRITICAL

Applies to

Certification of domestic support

Debtors must file a certification regarding domestic support obligations; failure results in case closure without discharge.

debtors must file certifications stating either (1) that they are not liable for any domestic support obligation; or (2) that all domestic support obligations payable by them that became due on or before the date of the certification (including amounts due before the petition was filed, but only to the extent provided for by the plan) under any judicial or administrative order, or by statute, have been paid. Failure to file the certification will result in the case being closed without a discharge.

CRITICAL

Applies to

Chapter 13 dismissal order

Chapter 13 voluntary dismissal orders must conform to Local Bankruptcy Form 13-1.

An order dismissing a chapter 13 case on motion by the debtor shall conform to Local Bankruptcy Form 13-1.

CRITICAL

Applies to

Proposed order for deposit

Proposed order for deposit must include amount and direction for interest-bearing or non-interest-bearing account based on amount.

A proposed order directing the clerk of court to deposit funds into the registry of the court must include the following: (1) the amount to be deposited; (2) a direction to the clerk of court to deposit registry funds totaling $25,000 or more into an interest-bearing account; and (3) a direction to the clerk of court to deposit registry funds totaling less than $25,000 into a non-interest-bearing account with the U.S. Treasury.

CRITICAL

Applies to

Application for deposit into registry

Parties must file an application with detailed explanation to deposit funds into court registry.

a party desiring to deposit funds into the registry of the court must file an application, which shall include a detailed explanation of the facts and circumstances necessitating the deposit of estate funds into the registry.

CRITICALCivil cases

Applies to

Witness exhibit lists

At the close of each trial day, counsel must exchange a list of witnesses and exhibits (other than those used for impeachment of an adverse witness) that may be offered into evidence the next day. The first list should be exchanged two days before the first trial day.

At the close of each trial day, counsel must exchange a list of witnesses and exhibits (other than those used for impeachment of an adverse witness) that may be offered into evidence the next day. The first list should be exchanged two days before the first trial day.

CRITICAL

Applies to

Exhibits

Each trial exhibit must be clearly pre-marked before delivery.

Each exhibit must be clearly pre-marked.

CRITICALCivil cases

Applies to

Jury instructions

Parties should agree on one stipulated set of proposed jury instructions.

As much as possible, the parties should agree on one stipulated set of proposed jury instructions. Only true uncertainty about the binding substantive law should prevent such agreement.

CRITICAL

Applies to

Discovery motion

A discovery motion must specifically state its grounds and requested relief or it will be denied.

If a discovery motion is filed, the moving party must clearly state—in specific terms—the grounds for seeking an order and the relief requested. Motions that lack the requisite specificity will be denied.