LOCAL BANKRUPTCY RULES

Rules 400-499 Notices, Motions, Service of Papers, and Miscellaneous Litigation Matters

RULE 428. PRETRIAL ORDERS

Unless otherwise ordered by the court, all contested matters and adversary proceedings are exempted from the requirements of Fed.R.Bankr.P. 7016 (F.R.Civ.P. 16). If the court orders Fed.R.Bankr.P. 7016 (F.R.Civ.P. 16) to apply, it is authorized to

(1) exempt adversary proceedings and contested matters from the scheduling orders required by Fed.R.Bankr.P. 7016 (F.R.Civ.P. 16); and

(2) modify any such scheduling orders that may have been entered.

Committee Note: Fed.R.Bankr.P. 7016 applies Fed.R.Civ.P. 16 to all adversary proceedings and may be applied by a judge to contested proceedings pursuant to Fed.R.Bankr.P. 9014. Fed.R.Bankr.P. 7016 requires scheduling orders, unless local court rules permit otherwise. It also requires strict adherence to such orders once entered unless extensions are authorized by local rule. This local Bankruptcy Rule allows the appropriate flexibility to adjust to changing circumstances presented by the parties.

The flexibility contemplated by this rule has been followed in practice. All judges are generally current in their matters, so such flexibility is an aid to efficiency, not a drag on productivity.

Rule 423 exempts adversary proceedings and contested matters from Fed.R.Bankr.P. 7026(a)(1), (a)(4), (d), and (f).