Bankruptcy Court. Local Rule. The Federal Bankruptcy Code is the basis for court rules. Often courts have local rules....

Asked over 1 year ago - New York, NY

Can a layman suggest a local rule if it is to benfit the public good? What office or offices shall I start with? Is there a formal process already set up?

Attorney answers (4)

  1. Eric Edward Rothstein

    Contributor Level 20

    4

    Lawyers agree

    Answered . I guess you can write a letter to the Chief Judge in the particular District.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
  2. Wendy Erin Morris

    Contributor Level 10

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    Best Answer
    chosen by asker

    Answered . Go to the website for the particular bankruptcy court and see if they have a local rules committee (typically headed by at least 1 judge) and/or an attorney liaison panel that submits proposals to the court's judges. A number of bankruptcy courts have these in place, permanently or during certain times of the year.

    I highly suggest that you compare your proposed local rule with the national rules (and those pending before the national bankruptcy rules committee--www.uscourts.gov), because a local rule cannot duplicate a national rule nor attempt to limit a right granted under the national rules.

    I am only licensed in the state of Illinois. This is only my general observation about the law and my experiences... more
  3. William A. Jones Jr.

    Pro

    Contributor Level 20

    3

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    Answered . I have no experience with bankruptcy law, but your question obviously needs to be directed to attorneys who specialize in that area of practice. I am accordingly going to edit the practice area of your question to Bankruptcy/Debt. I do so as the particular type of bankruptcy to which you suggestion pertains is not revealed in your question. Feel free to repost to a more specific audience.

  4. Michael Avanesian

    Pro

    Contributor Level 16

    3

    Lawyers agree

    Answered . In California, we know people who talk directly with judges that can send along suggestions. Some judges ask for suggestions and give their email address.

    We are also in the process of making official forms that allow for suggestions to be submitted.

    And everyone knows the law clerk / judge that is head of the committee for the rules. Also, for example, 2 months ago the local rules changed, so in early February the primary drafter and corresponding head of the committee that approved the changes are giving a talk on the subject (and my boss is the moderator). So those are all opportunities to make suggestions.

    Contact an established attorney in the appropriate field.

    The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may... more

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