Rule 9001-1 Definitions.

Unless inconsistent within the context of a particular rule, the following terms are defined for the purposes of the Local Bankruptcy Rules as follows:

    (a)     "Amended plan" means a plan modified under the provisions of 11 U.S.C. §§ 942, 1127, 1223, 1229, 1323, and 1329. The terms "modified" and "amended" are used interchangeably.

    (b)    "Chapter" means one of the chapters of Title 11 of the Bankruptcy Code.

    (c)    "Clerk" means the office of the Clerk of the United States Bankruptcy Court for the Middle District of Pennsylvania.

    (d)    "Contract amount" means the amount of principal and interest payable each month under the terms of a note secured by a mortgage without the inclusion of late fees or other default fees or charges.

    (e)    "Counsel of record" means any attorney who has entered an appearance on the docket of a bankruptcy case or who has filed a paper on behalf of a party. An attorney remains counsel of record until an order authorizing withdrawal has been entered or another attorney has entered an appearance on behalf of the party.

    (f)    "Electronic filer" means a filing user registered with the clerk to file, serve, and receive documents through the electronic filing system established by the United States Bankruptcy Court for the Middle District of Pennsylvania.

    (g)    "F.R.B.P." means The Federal Rules of Bankruptcy Procedure.

    (h)    "Hearing required notice" is a notice that may provide an objection/response deadline and sets the matter for hearing.  The hearing will take place at the date, time, and location indicated in the notice regardless of whether or not objections/responses are filed.

    (i)    "Paper filer" means an individual or entity that is not an electronic filer and files, serves, and receives paper documents in compliance with all rules and court orders.

    (j)    "Party in interest" means a person or entity who may be affected by a bankruptcy proceeding. In these Rules, a party in interest also includes a creditor.

    (k)    "Passive notice" is a notice stating that if no response is filed, the court may enter the requested relief without further notice or hearing.

    (l)    "Retainer agreement" means an agreement between a client and an attorney in which the client deposits funds with the attorney for services to be performed whether entered before the filing of a bankruptcy petition or during the pendency of the case.

    (m)    "Schedules and statements" include all documents required to be filed by a debtor under 11 U.S.C. § 521.

    (n)     "Semi passive notice" is a notice setting an objection/response deadline and a proposed hearing date if objections/responses are filed.  If no objections/responses are filed, the court may enter an order without conducting a hearing.  If objections/responses are filed, the matter will proceed to hearing at the date, time, and location indicated in the notice.  If a default order has not been signed and entered on the docket, the parties or their counsel are required to appear in court.

COMMENTS: L.B.R. 9001-1 was amended effective September 1, 2014, to add definitions for the terms “Hearing required notice” and “semi passive notice”.

Part: 
Part IX - General Provisions