Delaware Bankruptcy Court

December 20, 2012

Publication| Bankruptcy & Corporate Restructuring

The following article was prepared as a submission to the ABA Bankruptcy & Insolvency Litigation Committee’s web-based spotlight series on the local rules of different bankruptcy courts.

We inaugurate the Local Rules Corner series with a look at the Delaware Bankruptcy Court’s local rules. For our committee, we identify the following potentially relevant issues and/or rules:

Amendment. Our discussion relies on the local rules effective as of February 1, 2012, but it is important to know that the Delaware Bankruptcy Court considers amendments to the local rules on an annual basis and also adopts its local rules on an annual basis. See Del. Bankr. L.R. 1001-1.

General orders and chambers procedures. The local rules do not displace general orders adopted by the Delaware Bankruptcy Court or chambers procedures adopted by individual judges. See Del. Bankr. L.R. 1001-1(e). The Bankruptcy Court also may modify the application of its rules in the interests of justice. See Del. Bankr. L.R. 1001-1(c).

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