You are here

Local Rules

1001-1 Title and Numbering Sequence

These local rules, to be known as the “Local Rules of Bankruptcy Procedure” for the Western District of New York, supplement the Federal Rules of Bankruptcy Procedure, and shall govern bankruptcy practice in the United States District Court and United States Bankruptcy Court for the Western District of New York, and supersede all previous Local Bankruptcy Rules.

[Former Rule 1]

1007-1 Number of Copies

A. An original and three (3) copies of a petition, lists, schedules and statements under chapter 7 or chapter 13 of the Bankruptcy Code and amendments thereto shall be filed. These documents shall be filed in the order prescribed by the Clerk of the U.S. Bankruptcy Court.

B. An original and six (6) copies of a petition, lists, schedules and statements under chapter 9, chapter 11, or chapter 12 of the Bankruptcy Code and amendments thereto shall be filed. An original and six (6) copies of chapter 11 disclosure statements and plans shall be filed.

[Former Rule 11 A & B] [SO 8/14/85]

1007-2 Master Mailing Matrix

In addition to the list of creditors required by Rule 1007(a) Fed.R.Bankr.P., in all cases a list of creditors shall be filed by the debtor, or such party as may be ordered, in a form specified by the Bankruptcy Clerk which shall be known as the matrix. The matrix shall be supplemented or modified by the responsible party, to include all parties that are required to be given notice, so the Clerk can rely on the matrix in the performance of his or her duties.

[Former Rule 18B]

1009-1 Amendments of Voluntary Petitions, Lists, Schedules and Statements

Amendments to voluntary petitions, lists (including the mailing matrix), schedules and statements must have a completed "Amendment Cover Sheet" affixed to the front thereof in a form prescribed by the Clerk. No purported amendment of any type will be acknowledged, recognized or processed as such by the Office of the Clerk in the absence of an Amendment Cover Sheet. The term “amendment” includes the delayed initial filing of a schedule, statement, list or other document that discloses the existence of parties-in-interest who were not disclosed in the list of creditors that accompanied the petition. Guidelines regarding amendments are available in the Bankruptcy Court Clerk’s Office.

[General Orders 3/21/88 & 1/8/92]

1014-1 Change of Venue

Reassignment of Cases: If the convenience or best interests of creditors would be served by the scheduling of a case in a geographical area served by another Judge, the assigned Bankruptcy Judge may reassign the case, on application of a party in interest.

[Former Rule 10 B]

1015-1 Consolidation or Joint Administration

A.  Upon the entry of an Order of Joint Administration of two or more related cases, the Clerk shall:

  1. Designate any one of said cases to be the lead case for purposes of docketing and filing.
  2. Enter the Order of Joint Administration simultaneously on the dockets of all cases covered by the Order and file a copy of the Order of Joint Administration in the case file of all cases covered by the Order, except the lead case.
  3. File the original of the Order of Joint Administration in the case file of the lead case.
  4. Thereafter, maintain only the lead case file and docket for all activity affecting any of the jointly-administered cases.

B. The party which obtained the Order for Joint Administration shall, within ten (10) days of the entry of said Order, file with the Court a consolidated matrix comprising a total mailing list of all interested parties in all the jointly administered cases, without duplication.

C. Adequate safeguards shall be established by the Clerk to assure that parties interested in examining the docket or file of a case that is not the lead case will be directed thereby to the docket and file of the lead case for further matters affecting the case in question. Furthermore, to the extent that a docketable paper or event clearly pertains to less than all of the jointly-administered cases, the docket entry made on the lead docket shall so indicate this to enable parties to more readily examine the activities in any one of the jointly-administered cases.

D. Notwithstanding the above, the Clerk may require parties in interest, or request the Court to seek, obtain, or execute separate documents for each case where necessary for purposes of clarity, statistical reporting, case closing or other similar cause.

[Former Rule 17 A thru D]

1020-1 Chapter 11 Small Business Cases, General

 A. ELECTION TO BE CONSIDERED A SMALL BUSINESS IN A CHAPTER 11 REORGANIZATION CASE:  In a chapter 11 reorganization case, a debtor that is a small business may elect to be considered a small business by filing a written statement of election no later than 60 days after the date of the order for relief or by a later date as the Court, for cause, may fix.

1. Conditional Approval: If the debtor is a small business and has made a timely election to be considered a small business in a chapter 11 case, the Court may, on application of the plan proponent, conditionally approve a disclosure statement filed in accordance with Rule 3016 Fed.R.Bankr.P. On or before conditional approval of the disclosure statement, the Court shall:

(a) fix a time within which the holders of claims and interests may accept or reject the plan;
(b) fix a time for filing objections to the disclosure statement;
(c) fix a date for the hearing on final approval of the disclosure statement to be held if a timely objection is filed; and
(d) fix a date for the hearing on confirmation.

2. Application of Rule 3017 Fed.R.Bankr.P.: If the disclosure statement is conditionally approved, Rule 3017(a), (b), (c) and (e) Fed.R.Bankr.P. do not apply. Conditional approval of the disclosure statement is considered approval of the disclosure statement for the purpose of applying Rule 3017(d) Fed.R.Bankr.P.

3. Objections and Hearing on Final Approval: Notice of the time fixed for filing objections and the hearing to consider final approval of the disclosure statement shall be given in accordance with Rule 2002 Fed.R.Bankr.P. and may be combined with notice of the hearing on confirmation of the plan. Objections to the disclosure statement shall be filed, transmitted to the United States Trustee, and served on thedebtor, the trustee, any committee appointed under the Bankruptcy Code and any other entity designated by the Court at any time before final approval of the disclosure statement or by an earlier date as the Court may fix. If a timely objection to the disclosure statement is filed, the Court shall hold a hearing to consider final approval before or combined with the hearing on confirmation of the plan.

1072 Places of Holding Court


Regular and continuous sessions of the Bankruptcy Court shall be held at Buffalo and Rochester.  Special sessions of the Court shall be held at Mayville, Olean, Niagara Falls, Batavia and Watkins Glen at such times as may be necessary.

[Former Rule 8]


Giving due regard to the convenience of a debtor, creditors, and equity holders, as well as to the availability of Court support services, the Judge assigned to the case or, if delegated to the Clerk, the Clerk may schedule hearings and trials in a case at a place of holding Court other than that which is in closest proximity to the debtor’s residence or of place of business.

[Former Rule 10E]

1073 Assignment of Cases


A.  Upon filing, the Clerk shall assign each bankruptcy case to a specific Bankruptcy Judge in accordance with the following directives:

  1. As to cases arising in Erie County, assignment shall be made by random selection as between the two Bankruptcy Judges stationed at Buffalo, utilizing a formula assuring an equitable distribution of those cases based upon their total case loads.
  2. As to cases arising in Niagara, Orleans, Genesee, and Wyoming Counties, to a Bankruptcy Judge stationed at Buffalo as specified by the Chief Judge.
  3. As to cases arising in Chautauqua, Cattaraugus, and Allegany Counties, to a Bankruptcy Judge stationed at Buffalo as specified by the Chief Judge.
  4. As to cases arising in Monroe, Chemung, Livingston, Ontario, Schuyler, Seneca, Steuben, Wayne, and Yates Counties, to a Bankruptcy Judge stationed at Rochester.
  5. General Provisions:

a. For the purposes of these subsections, a business debtor’s case shall be deemed to have arisen in the county in which the principal place of business is located if there is a principal place of business within the district.

b. If these rules of assignment result in a disproportionate load of cases falling upon a Bankruptcy Judge, they may be changed upon a majority vote of the Judges.

c. Any case inadvertently assigned to a Judge in contravention of this rule shall be reassigned by the Chief Judge.

B. Exigencies:  To expedite the flow of cases, proceedings or matters, the Judges may agree to the reassignment of cases, matters, or proceedings to meet exigencies arising in the conduct of a given Judge’s calendar.  In the absence of the Judge assigned to a case, adversary proceeding, or contested matter, any other Judge may act. 

2002 Notices to Creditors, Equity Security Holders, United States, and United States Trustee

2002-1. A. A party filing a motion which requires notice to creditors and/or a creditors’ committee in addition to service upon adverse parties shall arrange with the Clerk for such noticing and schedule the hearing accordingly.

B.  Notices to creditors required by 2002(a) Fed.R.Bankr.P. in chapter 13 cases will be issued and served by the Standing Chapter 13 Trustee. The Chapter 13 Trustee will file an affidavit of service with the Court to evidence service of each notice. The cost of issuing such notices shall be considered an administrative expense of each Chapter 13 Office.

C.  Debtors-in-Possession (or plan proponent if other than the debtor) are directed to serve the Notice of the Hearing on Confirmation of a Plan complete with a copy of the Disclosure Statement, Plan and Ballot and upon confirmation of a plan, the notice of entry of the Order Confirming the Plan pursuant to the requirements of Rule 2002(d)(6) Fed.R.Bankr.P.