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General Orders

Order on Motion for Relief
 
Having determined that district wide uniformity is necessary for the submission of an Order on Motion for Relief,
 
IT IS HEREBY ORDERED that attorneys are required to utilize the Order on Motion for Relief form which is attached hereto. This form shall be utilized without exception. Modifications and/or nonconforming terms may be placed only in the "Other Provisions" section of the Court approved form, or attached as a separate page to the form.
 
Susan D. Barrett
Chief United States Bankruptcy Judge
John S. Dalis
United States Bankruptcy Judge 
Edward J. Coleman, III
United States Bankruptcy Judge
Lamar W. Davis, Jr.
United States Bankruptcy Judge
 
(click here to view PDF)
 
For a copy of the most recent version of the GASB Order on Motion for Relief from Stay form, please visit the court's Forms page.
 

This General Order establishes revisions to Clerk's Office procedures for the filing of creditor mailing matrices, schedules, and statements. 

1) This order vacates General Order 2005-4 dated August 23, 2005. 

2) Creditor Mailing Matrix. The accuracy and completeness of creditor mailing matrices are the shared responsibility of the debtor and debtor's attorney. The Court will rely on the creditor mailing matrix as submitted by the debtor and debtor's attorney. The creditor mailing matrix must be consistent with the schedules provided with the petition. Parties may review the Court's mailing matrix for any registered preferred addresses. If an incomplete or inaccurate mailing matrix is submitted, it is the debtor's responsibility to send notice of the meeting of creditors to the creditors not served by the Court, and then file a Certificate of Service with the Court.

3) Pursuant to Bankruptcy Rule 1007, schedules and statements shall be filed with the petition or within fourteen (14) days of the filing of the petition. If required schedules and statements are not filed within fourteen (14) days, the case will be dismissed with prejudice barring refiling of a petition for 180 days. For more information on procedural matters counsel may contact the Clerk's Office or visit the Court's web site at www.gas.uscourts.gov. Dated this 23rd day of October, 2015. 

Susan D. Barrett
Chief United States Bankruptcy Judge

John S. Dalis
United States Bankruptcy Judge 

Edward J. Coleman, III
United States Bankruptcy Judge

Lamar W. Davis, Jr.
United States Bankruptcy Judge

 

Automatic Dismissals

11 U.S.C. § 521 (i) requires that an individual debtor file certain papers within forty-five (45) days of the filing of a petition or the case is automatically dismissed. In confirmed Chapter 13 cases where it appears that the debtor(s) has timely filed the required documents, the confirmation order will include language indicating that the case is not subject to dismissal under § 521 (i)(1 ), and that the debtor is not required to file any further document pursuant to § 521 (i)(2).

In individual Chapter 7 cases where it appears that the debtor has timely filed the required documents, no sooner than 45 days following the filing of the petition the Court will enter an order indicating that the case is not subject to dismissal under § 521 (i)(1 ), and that the debtor is not required to file any further document pursuant to § 521 (i)(2). 

This order shall be effective January 4th, 2016. 

IT IS FURTHER ORDERED that General Order 2007-5, Automatic Dismissals, filed March 2, 2007, is vacated. 

Susan D. Barrett
Chief United States Bankruptcy Judge

John S. Dalis
United States Bankruptcy Judge 

Edward J. Coleman, III
United States Bankruptcy Judge

Lamar W. Davis, Jr.
United States Bankruptcy Judge

Dated this 20th day of November, 2015.

 

Discharge Requirements

Discharge in Chapter 11, 12 and 13 Cases. A discharge cannot be entered for an individual debtor unless the debtor files a certification of eligibility for discharge. In Chapter 11 and 12 cases, the certification should be filed contemporaneously with a motion for discharge. In Chapter 13 cases, the certification should be filed within thirty (30) days after the filing of the trustee's notice of completion of plan payments. 

(a) Certifications. All certifications shall substantially conform to the proper local form and contain the following statements: 

(1) a statement concerning payment of domestic support obligations; 

(2) a statement concerning compliance with 11 U.S.C. §§ 1141(d)(5)(C), 1228(1), or 1328(h), and § 522(q); 

(3) in Chapter 11 or Chapter 13 cases, a statement concerning completion of an instructional course concerning personal financial management described in 11 U.S.C. §111; 

(4) in Chapter 13 cases, a statement concerning compliance with § 1328(f)'s requirement of no discharge if the debtor received a discharge in a prior bankruptcy case filed within the prescribed periods. 

(b) Service. The debtor shall serve the certification of eligibility for discharge on the United States Trustee, the trustee, all domestic support obligation recipients, and all parties in interest. Unless a party in interest timely files an objection to the certification of eligibility for discharge, the court may find without a hearing that there is no reasonable cause to believe that: 

(1) Section 522(q)(1) may be applicable to the debtor; and 

(2) There is pending any proceeding in which the debtor may be found guilty of a felony of the kind specified in §522(q)(1 )(A) or liable for a debt of the kind described in §522(q)(1 )(B). 

Hardship Discharge.

(a) Certifications. A motion for hardship discharge under §1228(b) or §1328(b) shall conform to the proper bcal form. In addition to the certifications listed above, the motion shall include the following statements:

(1) a factual statement showing entitlement to discharge under §1228(b) or §1328(b); and 

(2) a statement concerning satisfaction of the best interest of creditors test under §1325(a)(4).

(b) Service. The debtor shall serve the motion for hardship discharge on the United States Trustee, the trustee, all domestic support obligation recipients, and all parties in interest. 

This order shall be effective January 4, 2016. 

IT IS FURTHER ORDERED that General Order 2007-8, filed October 17, 2007, is vacated. 

Dated this 20th day of November, 2015. 

Susan D. Barrett
Chief United States Bankruptcy Judge

John S. Dalis
United States Bankruptcy Judge 

Edward J. Coleman, III
United States Bankruptcy Judge

Lamar W. Davis, Jr.
United States Bankruptcy Judge

 

Amended Order Regarding Lease and Adequate Protection Payments and Order Vacating General Order 2005-5

11 U.S.C.§ 1326(a) provides that Chapter 13 debtors shall make certain payments "directly" to certain lessors or creditors, "unless the Court orders otherwise."

After due consideration the Court enters this Order for the purpose of permitting debtors in their Plan to elect whether to (1) remit those payments "directly" or (2) remit those payments to the Trustee, earmarked for the purpose set forth by Congress. 

This action is based in part upon the following considerations and is authorized by § 1326 and § 105: 

1. Judicial Economy. No mandatory provision, either allowing or prohibiting these payments to be handled by the Chapter 13 Trustee, can possibly meet the particular needs of every case. Failure to order in advance that debtors may elect the method most likely to permit their Plans to succeed will inevitably lead to countless motions to obtain this permission on a case-by-case basis, consuming untold hours of judicial and administrative resources and driving the cost of Chapter 13 proceeds to debtors, creditors, and counsel higher than can be justified . 

2. Record-keeping and Evidentiary Considerations. Chapter 13 Trustees act as fiduciaries, and are uniquely qualified to receive and disburse funds, and to provide reliable records of all such payments. All parties in Chapter 13 cases justifiably rely heavily upon the integrity of these transactions and the records that the Trustee maintains and provides, at no additional cost, to all parties in interest. 

3. Creditors' Interests Protected. In the case of adequate protection payments, because debtor's obligation to make these payments is not triggered until a claim is "allowed" and because claims are not "allowed" until filed (§ 502), it may be impossible for a debtor to know when to begin making such payments "directly". Payment to the Trustee of funds estimated to cover these claims will ensure debtors do not become delinquent under this provision simply because they lack any notice of an obligation to commence making them. 

4. Hearing on Objections. Confirmation hearings will be conducted prior to the deadline for filing claims. As a result, the Court can timely adjudicate any dispute over the amount and method of payment of these claims at confirmation, should a timely objection to the Plan be filed by any creditor. 

IT IS THEREFORE ORDERED that pursuant to 11 U.S.C. §§ 1326 and 105, commencing October 17, 2005 , debtors are authorized to designate in their Chapter 13 Plans whether lease and adequate protection payments shall be made "directly" to the creditor or remitted to the Trustee. 

If these payments are remitted to the Trustee they shall be paid to the creditor designated in the Plan after a claim is allowed until confirmation or further order of this Court. Creditor's rights in these funds shall be governed by the terms of a confirmed Plan, or further order of Court after notice and time for objections.

IT IS FURTHER ORDERED that General Order 2005-5 is VACATED. 

Dated this 20th day off November, 2015.

Susan D. Barrett
Chief United States Bankruptcy Judge

John S. Dalis
United States Bankruptcy Judge 

Edward J. Coleman, III
United States Bankruptcy Judge

Lamar W. Davis, Jr.
United States Bankruptcy Judge

 

Order Requiring Payment of Chapter 13 Filing Fees Directly to Clerk and Order Vacating General Order 1995-3

Effective March 1, 2016, the filing fees for filing a case under Chapter 13 of Title 11 of the United States Code prescribed by 28 U.S.C. § 1930 shall no longer be paid through the Chapter 13 plan.

It is hereby ORDERED that said filing fees shall be paid directly to the Clerk, United States Bankruptcy Court for the Southern District of Georgia, upon commencement of the Chapter 13 case provided; however, pursuant to Federal Rule of Bankruptcy Procedure 1006(b), said filing fees may upon application be paid in installments not to exceed 120 days from the date of filing of the Chapter 13 petition.

It is further ORDERED that General Order 1995-3 is VACATED. 

Dated this 20'" day of November, 2015.

Susan D. Barrett
Chief United States Bankruptcy Judge

John S. Dalis
United States Bankruptcy Judge 

Edward J. Coleman, III
United States Bankruptcy Judge

Lamar W. Davis, Jr.
United States Bankruptcy Judge

 

Electronic Case Files and Administrative Procedures (Vacating General Order 2010-1)

Federal Rule of Bankruptcy Procedure 5005(a)(2), authorizes the Court to establish practices and procedures for filing, signing, and verifying documents by electronic means.

Effective November 4, 2005, in the Southern District of Georgia, previous General Order 2005-7, Order Adopting Case Management/Electronic Case Files System (CM/ECF) and Local Bankruptcy Rules for Electronic Case Files allowed documents to be filed, signed, and verified by electronic and other means.

Effective October 1, 2010, absent good cause shown and the permission of the Court, attorneys in good standing admitted to practice before this Court, including attorneys admitted pro hac vice, were required to file, sign, and verify documents only by electronic means to the extent and in the manner authorized by previous General Order 2010-1, and the Administrative Procedures for Filing, Signing, and Verifying Pleadings and Papers by Electronic Means in the United States Bankruptcy Court for the Southern District of Georgia ("Administrative Procedures").

IT IS THEREFORE ORDERED:

1. The Court adopts revisions to the Administrative Procedures, set forth as Exhibit A, and CM/ECF Local Rules, set forth as Exhibit B, to account for changes in rules and policies. This Order vacates General Order 2010-1, and is effective December 1, 2016.

2. Absent a judicial waiver, all attorneys in good standing admitted to practice before this Court, including attorneys appearing pro hac vice, trustees or examiners serving in any case pending in the Court, and the United States trustee shall file, sign, and verify documents only by electronic means to the extent and in the manner authorized by this General Order, the Administrative Procedures, and CM/ECF Local Rules of the Court.

3. Creditors that file fifteen (15) or more proofs of claim during any 12-month period must file claims electronically. Attorneys who file claims for themselves, their firms, or on behalf of any other entity shall file all claims electronically, regardless of number.

4. Attorneys not admitted to practice in the Southern District of Georgia, and other non-attorney filers such as creditors, may request limited user access to file documents by electronic means to the extent and in the manner authorized by this General Order and the Administrative Procedures.

5. The official record of the Court as required by Fed. R. Bankr. P. 5003 shall be the electronic file maintained by the Court and such paper files as are permitted by the Administrative Procedures.

6. The Clerk's Office will implement and publish the Administrative Procedures, register attorneys, and issue individual logins and passwords consistent with those procedures to permit electronic filing and notice of pleadings and other documents.

7. The login and password used to electronically file or submit any document by a filer who is a registered participant in the Court's CM/ECF system shall constitute the signature of that filer for purposes of the application of Federal Rule of Bankruptcy Procedure 9011 and other applicable rules. The registered filer whose login and password are used to accomplish an electronic filing certifies that the filer and the filer's law firm, if applicable, have authorized the filing.

8. No filer shall knowingly permit or cause to permit his/her login or password to be used by anyone other than an authorized employee of his/her law firm.

9. The electronic filing of a pleading or other paper in accordance with the Court's Administrative Procedures shall constitute entry of that pleading or other paper on the docket kept by the Clerk under the Federal Rules of Bankruptcy Procedure.

10. Electronic filing does not alter the filing deadline.

11. The Clerk's Office shall enter all orders, decrees, judgments, and proceedings of the Court, in accordance with the Administrative Procedures and CM/ECF Local Rules, which shall constitute entry of the orders, decrees, judgments, and proceedings on the docket kept by the Clerk under the Federal Rules of Bankruptcy Procedure. Any order filed with the electronic signature of a judge shall have the same force and effect as if the judge had affixed his or her signature to a paper order.

12. The Notice of Electronic Filing (NEF) generated by CM/ECF constitutes service and notice of a document, pursuant to Fed. R. Civ. P. 5(b)(2)(E) and Fed. R. Bankr. P. 9036, on registered CM/ECF users, with the exception of service of.a summons and complaint pursuant to Fed. R. Bankr. P. 7004. The three added days, pursuant to Fed. R. Bankr. P. 9006(f), do not apply to deadlines to act or proceed after electronic service. For all remaining recipients of service or notice unable to receive a NEF, the filing party shall serve the pleading or paper upon all such entities in accordance with applicable bankruptcy rules. When mailing paper copies of documents that have been electronically filed, the filing party must include the NEF to provide the recipient with proof of the filing.

13. Receipt of a CM/ECF login and password constitutes a request for electronic service and electronic notice pursuant to the Federal Rules of Bankruptcy Procedure.

14. An attorney filing a Verified Pleading should thereafter maintain in his or her office the original Verified Pleading in its entirety for at least five (5) years after the conclusion of all appeals or the expiration of time for filing a timely appeal, whichever is later. The filing of a Verified Pleading constitutes a representation by the attorney who files it that the attorney has in his/her possession at the time of filing the fully executed original Verified Pleading and that he/she agrees to maintain it for the five (5) year period set forth above. A pleading or document that a person signs and thereby verifies, certifies, declares, affirms, or swears under oath or penalty of perjury concerning the truth of the matters set forth in that pleading or document is a "Verified Pleading."

Susan D. Barrett Chief,
United States Bankruptcy Judge

Dated this 30thday of November, 2016.

GENERAL ORDER NUMBER 2007-8 (Amended per General Order 2009-1)

Order Directing Clerk to Send Notice Required Under 11 U.S.C. §§ 727(a)(12), 1228(f), and 1328(h)

Pursuant to 11 U.S.C. §§ 727(a)(12), 1228(f) and 1328(h), a discharge cannot be entered for an individual debtor unless after notice and a hearing held not more than ten (10) days before the date of the entry of the discharge, the court finds that there is no reasonable cause to believe that 11 U.S.C. § 522(q) is applicable to the debtor and that there is pending any proceeding in which the debtor may be found guilty of a felony of the kind described in § 522(q)(1)(A) or liable for a debt of the kind described in § 522(q)(1)(B).

IT IS HEREBY ORDERED that the Clerk of Court shall issue the required notice pursuant to 11 U.S.C. §§ 727(a)(12), 1228(f) and 1328(h).

Dated this 17th day of October, 2007.

Lamar W. Davis, Jr.
United States Bankruptcy Judge

John S. Dalis
United States Bankruptcy Judge

Susan D. Barrett
United States Bankruptcy Judge

(click here to view PDF)

 

GENERAL ORDER NUMBER 2007-6 (posted March 1, 2007)

Order setting attorney compensation taking into account the effect BAPCPA has had on the amount of time attorneys must devote to the representation of a Chapter 13 debtor.

(click here to view PDF)

Vacated per General Order 2010-3.

 

GENERAL ORDER NUMBER 2007-5 (posted March 1, 2007)

Automatic Dismissals

11 U.S.C. § 521(i) requires that an individual debtor file certain papers within forty-five (45) days of the filing of a petition or the case is automatically dismissed. In cases where Debtor fails to comply with this requirement, the Clerk will issue a Notice of Automatic Dismissal.

In cases where it appears that the individual debtor has timely filed the required documents, the Clerk will provide notice of that fact and an opportunity to contest that finding.

Upon expiration of the objection period, the Court shall issue an order finding that the case was not automatically dismissed, or set a hearing to consider any timely objection.

Dated this 1st day of March, 2007.

Lamar W. Davis, Jr.
United States Bankruptcy Judge

John S. Dalis
United States Bankruptcy Judge

Susan D. Barrett
United States Bankruptcy Judge

FORMS ASSOCIATED WITH GENERAL ORDER 2007-5:
1. Order Pursuant to 11 U.S.C. §521 (i) 
2. Notice of Automatic Dismissal
3. Notice of Time to Object to a Finding of Debtor's Compliance with the Requirements of 11 U.S.C. §521(i)
(Please see General Order 2007-5 for more information)

 

GENERAL ORDER NUMBER 2007-4 (posted March 1, 2007; Amended per General Order 2009-1)

Amendment of ECF Local Rule 7 and Debtor’s Declaration Regarding Electronic Filing.

FORMS ASSOCIATED WITH GENERAL ORDER 2007-4:
- Debtors Declaration form A
- Debtors Declaration form B

(click here to view PDF)
Vacated per General Order 2010-1.

 

GENERAL ORDER NUMBER 2007-2 (posted March 1, 2007)

Chapter 13 Plan Payments

IT IS HEREBY ORDERED that when a Chapter 13 plan is filed, the Debtor(s) must file a “Motion Regarding Chapter 13 Plan Payments” (Local Form 2007-2-a)(attached), making one of the following elections:

1) Wage withholding accompanied by a completed proposed Order to Commence Withholding (Local Form 2007-2-b). The clerk will serve the completed order on the Debtor’s employer. The Debtor shall notify the Chapter 13 Trustee of any changes in employment and/or withholding subsequent to the filing of the plan whereby the Chapter 13 Trustee shall file an amended proposed Withholding Order with the Court. By submitting the proposed Order to Commence Withholding, the Debtor consents to the disclosure of the Debtor’s taxpayer identification number to his/her employer for wage withholding purposes; or

2) Direct pay accompanied by a completed proposed Order Allowing Direct Plan Payments to Trustee (Local Form 2007-2-c). The Trustee shall consent to the Debtor’s motion for direct pay or file an objection to the Debtor’s motion and request a hearing.

Upon failure of the Debtor(s) to file the aforementioned “Motion Regarding Chapter 13 Plan Payments” and proposed order, the case shall be dismissed.

IT IS FURTHER ORDERED that General Order 2005-8 filed January 17, 2006, is vacated.

Dated this 1st day of March, 2007.

Lamar W. Davis, Jr.
United States Bankruptcy Judge

John S. Dalis
United States Bankruptcy Judge

Susan D. Barrett
United States Bankruptcy Judge

(click here to view PDF)
 

Vacated per General Order 2013-1.

 

GENERAL ORDER NUMBER 2005-8 (posted Jan. 23, 2006)

The revised procedure for Salary Orders is that Debtor's must now complete an initial wage withholding order which must accompany the Chapter 13 plan. 

(click here to view PDF)
 

Vacated per General Order 2007-2.

 

GENERAL ORDER NUMBER 2005-7(posted Nov. 4, 2005)

 

Order Adopting Case Management/Electronic Case Filing System (CM/ECF) and Local Bankruptcy Court ECF Rules

 

(click here to view PDF)

 

Vacated per General Order 2010-1.

 

GENERAL ORDER NUMBER 2005-6(posted Oct. 28, 2005)

 

Compensation awarded by the Court to counsel representing Chapter 13 debtors.

 

(click here to view PDF)

 

Vacated per General Order 2007-6.

 

GENERAL ORDER NUMBER 2005-5 (posted Oct. 14, 2005; Order Regarding Lease and Adequate Protection Payments)

 

ORDER REGARDING LEASE AND ADEQUATE PROTECTION PAYMENTS

 

11 U.S.C. § 1326(11) provides that Chapter 13 debtors shall make certain payments "directly" to certain lessors or creditors, "unless the Court orders otherwise."

 

After due consideration the Count enters this Order for the purpose of permitting

debtors in their Plan to elect whether to (1) remit those payments "directly" or (2) remit those payments to the Trustee, earmarked for the purpose set forth by Congress.

 

This action is based in part upon the following considerations and is authorized by § 1326 and § 105:

 

1. Judicial Economy. No mandatory provision, either allowing or prohibiting these payments to be handled by the Chapter 13 Trustee, can possibly meet the particular needs of every case. Failure to order in advance that debtors may elect the method most likely to permit their Plans to succeed will inevitably lead to countless motions to obtain this permission on a case-by-case basis, consuming untold hours of judicial and administrative resources and driving the cost of Chapter 13 proceeds to debtors, creditors, and counsel higher than can be justified.

 

2. Record-keeping and Evidentiary Considerations. Chapter 13 Trustees act as fiduciaries, and are uniquely qualified to receive and disburse funds, and to provide reliable records of all such payments. All parties in Chapter 13 cases justifiably rely heavily upon the integrity of these transactions and the records that the Trustee maintains and provides, at no additional cost, to all parties in interest.

 

3. Creditors' Interests Protected. In the case of adequate protection payments, because debtor's obligation to make these payments is not triggered until a claim is "allowed" and because claims are not "allowed" until filed (§ 502), it may be impossible for a debtor to know when to begin making such payments "directly". Payment to the Trustee of funds estimated to cover these claims will ensure debtors do not become delinquent under this provision simply because they lack any notice of an obligation to commence making them. Creditors rights are preserved under longstanding precedent of this Court. See In re Coplin, 1987 W. L 61929 (Bankr. S.D. Ga.). Coplin ensures that funds held by a Trustee in a case that is dismissed are held for a sufficient period of time, not expressly provided by the terms of § 1326(a)(2),so as to permit creditors with an interest in those funds to make a claim to them See also In re Holly, 109 B.R. 524 (Bankr. S.D. Ga. 1989). Holly applied the Coplin decision to Chapter 13 cases in the event of conversion to Chapter 7. Therefore, in the event of either dismissal or conversion of Chapter 13 case, funds held to provide for adequate protection will be applied to that purpose. The amendments to § 1326 do not negate this precedent.

 

4. Timely Hearing on Objections. Confirmation hearings will be conducted prior to the deadline for filing claims. As a result, the Court can timely adjudicate any dispute over the amount and method of payment of these claims at confirmation, should a timely objection to the Plan be filed by any creditor.

 

IT IS THEREFORE ORDERED that pursuant to 11 U.S.C. §§ 1326 and 105, commencing October 17, 2005, debtors are authorized to designate in their Chapter 13 Plans whether lease and adequate protection payments shall be made "directly" to the creditor or remitted to the Trustee. 

 

If these payments are remitted to the Trustee they shall be paid to the creditor designated in the Plan after a claim is allowed until confirmation or further order of this Court. Creditor's rights in these funds shall be governed by the terms of a confirmed Plan, further order of Court, or in the case of a dismissal prior to confirmation, remitted to the creditor for whose benefit they were paid by Debtor and held during the pendency of the case.

 

This 14th day of October, 2005.

 

Lamar W. Davis, Jr.

Chief United States Bankruptcy Judge

 

John S. Dalis

United States Bankruptcy Judge

 

(click here to view PDF)

 

GENERAL ORDER NUMBER 2005-4(posted Aug. 25, 2005; This order revises the Clerk's Office procedures for the filing of creditor mailing matrixes, effective August 29, 2005.)

 

This general order establishes revisions to clerk's office procedures for the filing of creditor mailing matrices. The following procedural change will be implemented effective Monday, August 29, 2005.

 

Creditor Mailing Matrix

The accuracy and completeness of creditor mailing matrices are the shared responsibility of the debtor and debtor's attorney. The Court will rely on the creditor mailing matrix as submitted by the debtor and debtor's attorney. Attached as Exhibit 1 is the Certification of Creditor Mailing Matrix form which must be filed with the creditor mailing matrix. The creditor mailing matrix must be consistent with the schedules provided with the petition.

 

If an incomplete or inaccurate mailing matrix is submitted, it is the debtor's responsibility to send notice of the meeting of creditors to the creditors not served by the Court. Debtor must then file a Certificate of Service with the Court.

 

A list of preferred addresses is attached as Exhibit 2. Attorneys should periodically review the court's website at www.gas.uscourts.gov for revisions to this list.

 

Dated at Savannah, Georgia

This 23rd day of August, 2005.

 

Lamar W. Davis, Jr.

Chief United States Bankruptcy Judge 

 

Vacated per General Order 2015-1.

 

(click here to view PDF) 

 

 

 

GENERAL ORDER NUMBER 2005-2(posted Oct. 13, 2005)

 

This order adopts and publishes the Interim Bankruptcy Rules approved by the Rules Committee of the Judicial Conference of the United States, effective October 17, 2005.

 

(click here to view PDF)

 

Click here to view Revised Interim Rules

 

Click here to view New and Revised Official Forms (as of 10/11/05)

 

Click here to view Revised Director's Procedural Forms Implementing the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005

 

Vacated per General Order 2008-2.

 

GENERAL ORDER NUMBER 2002-1

 

Compensation awarded by the Court to counsel representing Chapter 13 debtors.

 

(click here to view PDF)

 

Vacated per General Order 2005-6 

 

GENERAL ORDER 2001-1 [Contested Matters].

 

The effect on cases in this district resulting from the adoption of amendments to Federal Rule of Civil Procedure 26.

 

(click here to view PDF)

 

Vacated per General Order 2005-3.

 

GENERAL ORDER 1997-1. [Chapter 13 Proofs of Claim].

 

Filing of Proofs of Claim on or after June 1, 1997.

 

(click here to view PDF)

 

Vacated per General Order 2005-3. 

 

GENERAL ORDER 1996-2. [Chapter 13 Plan and Modification].

 

New plan and modification forms for Chapter 13.

 

(click here to view PDF)

 

Vacated per General Order 2005-3. 

 

GENERAL ORDER 1995-3. [Payment in Installments]. 

 

In every Chapter 13 case filed in this District in which the debtor requests permission to pay filing fees in installments,

 

IT IS ORDERED that the filing fee required by 28 U.S.C. Section 1930 shall be paid by the Chapter 13 Trustee to the Clerk, United States Bankruptcy Court, out of the first monies paid by the debtor. The final installment shall be payable not later than 120 days after the filing of the petition.

 

Lamar W. Davis, Jr.

Chief United States Bankruptcy Judge

 

John S. Dalis

United States Bankruptcy Judge

 

James D. Walker, Jr.

United States Bankruptcy Judge

 

Dated at Savannah, Georgia

This 11th day of May, 1995. 

 

(click here to view pdf) 

 

GENERAL ORDER 1995-2. [Hearings on Confirmation].

 

Provisions made to provide for the payment of all timely governmental claims without delaying the administration of cases filed under Chapter 13.

 

(click here to view PDF)

 

Vacated per General Order 2005-3. 

 

GENERAL ORDER 12 (1994). [Filing of Petitions].

 

The filiing of petitions not in conformity with Section 1930 or Bankruptcy Rule 1006.

 

(click here to view PDF)

 

Vacated per General Order 2005-3

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