# Western District of New York — Local Bankruptcy Rules Updated October 27, 2026 WDNY Bankruptcy Court proceedings only; chapter-specific limits remain applicable. Collected from an official published rule text/index; no assertion that every provision is currently operative in every case. Preserve source version, amendments, waivers, specialized-section limits and applicable later orders. [Official source](https://www.nywb.uscourts.gov/sites/nywb/files/Local%20Rules.pdf) · Collected 2026-10-27 ## Filing and working 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. WDNY Bankruptcy Court proceedings only; chapter-specific limits remain applicable. ## Discovery 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. WDNY Bankruptcy Court proceedings only; chapter-specific limits remain applicable. ## Filing and working copies 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. WDNY Bankruptcy Court proceedings only; chapter-specific limits remain applicable. ## Communications with chambers 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. WDNY Bankruptcy Court proceedings only; chapter-specific limits remain applicable. ## Discovery 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 the debtor, 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. WDNY Bankruptcy Court proceedings only; chapter-specific limits remain applicable. ## Filing and working copies A. Upon filing, the Clerk shall assign each bankruptcy case to a specific Bankruptcy Judge in WDNY Bankruptcy Court proceedings only; chapter-specific limits remain applicable. ## Motion practice 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. WDNY Bankruptcy Court proceedings only; chapter-specific limits remain applicable. ## Trial exhibits and witnesses 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. WDNY Bankruptcy Court proceedings only; chapter-specific limits remain applicable. ## Filing and working copies A. REQUEST FOR AN ELECTION: A request to convene a meeting of creditors for the purpose of electing a trustee in a chapter 11 reorganization shall be filed and transmitted to the United States Trustee in accordance with Rule 5005 Fed.R.Bankr.P. within the time prescribed by § 1104(b) of the Bankruptcy Code. Pending Court approval of the person elected, a person appointed trustee under § 1104(d) shall serve as trustee. WDNY Bankruptcy Court proceedings only; chapter-specific limits remain applicable. ## Motion practice If it is necessary to resolve a dispute regarding the election, the United States Trustee shall promptly file a report informing the Court of the dispute. If no motion for the resolution of the dispute is filed within 10 days after the date of the creditors’ meeting called under §1104(b), a person appointed by the United States Trustee in accordance with § 1104(d) of the Code and approved in accordance with Rule 2007(b) Fed.R.Bankr.P. shall serve as trustee. WDNY Bankruptcy Court proceedings only; chapter-specific limits remain applicable. ## Filing and working copies The Court will accept a blanket designation for standing Chapter 13 Trustees in lieu of a separate designation for each chapter 13 case filed in the Western District of New York. A separate designation must be filed in the event of a substitution of trustee so designated under the blanket designation. WDNY Bankruptcy Court proceedings only; chapter-specific limits remain applicable. ## Courtroom conduct and technology In all cases under Title 11, requests for interim or final compensation shall be in a form prescribed by the Bankruptcy Clerk, who shall, at a minimum, require the applicant to include a one page face sheet bearing the caption of the case, the name and address of the applicant or applicants, the dates upon which the case was filed and the applicant was appointed, the nature and the date or the period of services rendered, a typewritten time sheet with a description of services rendered, and the amount of compensation or expense reimbursement sought. (If both compensation and reimbursement are sought, the amounts shall be separately stated.) The application should also include a statement of prior applications and prior allowances. WDNY Bankruptcy Court proceedings only; chapter-specific limits remain applicable. ## Filing and working copies A. All supporting documentation shall be attached to the application and, if it is an application for interim compensation, it shall also contain an affidavit or unsworn declaration reciting why the applicant should not be required to await the filing of a final report in the case. The Court may take judicial notice of any facts of record warranting denial of the application as having been prematurely made. WDNY Bankruptcy Court proceedings only; chapter-specific limits remain applicable. ## Conferences and appearances B. All applications must be filed at least twenty-five (25) days prior to a calendar at which the application is to be considered. WDNY Bankruptcy Court proceedings only; chapter-specific limits remain applicable. ## Conferences and appearances C. Non-appearance of an applicant at the scheduled hearing shall be deemed to be a consent to the disposition of the application on the filed papers and record, if any, of the hearing. WDNY Bankruptcy Court proceedings only; chapter-specific limits remain applicable. ## Communications with chambers A. The expeditious administration of chapter 7 estates is hindered by the delays by debtors’ attorneys in the filing of applications for allowances from the estate under 11 U.S.C. Sec. 330. Therefore, the failure to file any fee allowance application by such an attorney before fifteen (15) days after the mailing of the Rule 2002(f)(9) Fed.R.Bankr.P. notice of the trustee’s final report in any case shall be deemed a waiver of the allowance. WDNY Bankruptcy Court proceedings only; chapter-specific limits remain applicable. ## Motion practice C. Supplemental statements by attorneys as to compensation sought from the estate shall be supported by time sheets and detail as to any disbursements charged and shall be accompanied by a motion [notice thereof to be given by the requesting party to parties in interest in accordance with Rule 2002(a)(7) Fed.R.Bankr.P.]. WDNY Bankruptcy Court proceedings only; chapter-specific limits remain applicable. ## Communications with chambers A. The Clerk of the Court shall ensure that the Office of the United States Trustee for the district is placed on the mailing matrix in each case filed with the Court and is sent notices (including notices of appeal) issued by the Clerk or such other person as the Court may direct. WDNY Bankruptcy Court proceedings only; chapter-specific limits remain applicable. ## Communications with chambers K. An attorney who seeks an order approving employment may do so ex parte unless the initial post-petition services date back more than thirty (30) days. The attorney otherwise shall file a motion and notice all parties in interest of the motion and hearing date. The attorney must submit the application and notice to the Clerk of the Bankruptcy Court and obtain approval that they are adequate as to form and content before mailing the notices. The attorney shall prepare and mail such applications, unless the Court orders otherwise. WDNY Bankruptcy Court proceedings only; chapter-specific limits remain applicable. ## Motion practice The thirty (30) days within which the Court must preliminarily rule on such a motion under 11U.S.C. § 362(e) shall be computed from the date on which a motion is served on opposing parties and filed with the Court. In addition to those parties listed in Rule 4001 Fed.R.Bankr.P., notice shall be given to the debtor, attorney for the debtor, trustee or examiner, the United States Trustee, to any persons requesting special notice under Rule 2002(i) Fed.R.Bankr.P., and any chapter 11 creditors’ committee or other official committee duly appointed in a chapter 11 case. WDNY Bankruptcy Court proceedings only; chapter-specific limits remain applicable. ## Motion practice All requests for orders approving adequate protection or cash collateral agreements or stipulations shall be sought by written motion and notice of motion, and shall be the subject of a hearing. The party seeking the order shall prepare and serve the motion and notice of motion. Notice shall be given to the parties to the agreement, all parties having any other interest in the collateral, and the creditors’ committee, if any, and the United States Trustee. If there is no creditors’ committee, WDNY Bankruptcy Court proceedings only; chapter-specific limits remain applicable. ## Conferences and appearances substantially conforms to Form B240) and must be completed and signed. Debtors will no longer be required to attend a discharge hearing, except as provided below. Discharge Hearing Calendars will be conducted on a regular basis throughout the district, at which debtors may present themselves for a full explanation of the meaning of discharge and of reaffirmation. Times and places of such calendars are available from the Clerk. WDNY Bankruptcy Court proceedings only; chapter-specific limits remain applicable. ## Trial exhibits and witnesses A. The taking of photographs, or making of oral or video tape recordings, or radio or television broadcasting in a courtroom during the progress of or in connection with judicial proceedings, whether or not Court is actually in session, is prohibited. None of the foregoing activities is allowed in the jury rooms, the offices of the Judges or Court reporters, or in any room hallway or corridor of the floor of the building in which the courtrooms are located, except with the express consent of the Court. WDNY Bankruptcy Court proceedings only; chapter-specific limits remain applicable. ## Courtroom conduct and technology C. Court reporters are not prohibited by this rule from making sound recordings for the sole purpose of discharging their official duties. No recording made for that purpose shall be used for any other purpose by any person. Likewise, personnel of the Court are not prohibited by Section A of this rule from making sound recordings in the course of their work. WDNY Bankruptcy Court proceedings only; chapter-specific limits remain applicable. ## Conferences and appearances The Bankruptcy Clerk, unless otherwise ordered by the Court, shall not be required to render any service for which a fee is prescribed by statute or by the Judicial Conference of the United States unless the fee for such service is paid in advance and as specified in LBR Rule 5081. WDNY Bankruptcy Court proceedings only; chapter-specific limits remain applicable. ## Filing and working copies At the least, the Debtor shall within 30 days of service of a copy of an “estimated” tax claim that is “estimated” because of non-filing of returns, object to such claim under Rule 3007 Fed.R.Bankr.P. even if the Debtor does not disagree with the amount. A copy of the proposed return or other evidence of the amount of the liability shall accompany the objection. If the Debtor is not served with a copy of the “estimated claim”, then the objection must be filed within 30 days after the closing of the 180 day opportunity for the filing of tax claims under § 502. WDNY Bankruptcy Court proceedings only; chapter-specific limits remain applicable. ## Trial exhibits and witnesses At the hearing on the objection the Debtor shall appear and shall be prepared to tender the tax return thereat or to provide evidence to the Court as to a proper “estimate” of the tax claim, whether higher, lower, or the same as that filed by the taxing entity. WDNY Bankruptcy Court proceedings only; chapter-specific limits remain applicable. ## Motion practice If the objection required by this rule is not made, the case may on motion on notice to the Debtor and counsel be converted or dismissed, as to the Court appears proper. WDNY Bankruptcy Court proceedings only; chapter-specific limits remain applicable. ## Conferences and appearances A. At the pre-trial conference required by Rule 7016 Fed.R.Bankr.P., counsel shall be prepared WDNY Bankruptcy Court proceedings only; chapter-specific limits remain applicable. ## Discovery (2) anticipated discovery proceedings and the time required for the completion thereof; WDNY Bankruptcy Court proceedings only; chapter-specific limits remain applicable. ## Motion practice B. Upon the completion of the conference, an order will be entered by the Bankruptcy Court setting the time within which all pre-trial motions and discovery are to be completed and imposing such additional requirements as may be appropriate. Thereafter, further discovery shall not be permitted except by leave of the Court for good cause shown. WDNY Bankruptcy Court proceedings only; chapter-specific limits remain applicable. ## Conferences and appearances The authority of this Court to set pre-trial conferences in adversary proceedings and other disputed matters is hereby delegated non-exclusively to the Clerk, who shall, in directing litigants to appear thereat, give them notice that such direction is by order of the Court and that the Court may impose sanctions, including a default judgment for failure to appear. WDNY Bankruptcy Court proceedings only; chapter-specific limits remain applicable. ## Trial exhibits and witnesses If at any time prior to the trial of any adversary proceeding or contested matter, to which neither the United States, an individual state, nor any agency, officer or employee of either is a party, a party draws in question the constitutionality of an Act of Congress or a state statute affecting the public interest, the party shall, in writing, notify the Bankruptcy Court of the existence of such question and specifically identify the statute and the respects in which it is claimed to be unconstitutional. See, 28 U.S.C. § 2403(a) and (b). WDNY Bankruptcy Court proceedings only; chapter-specific limits remain applicable. ## Motion practice No motion for discovery and production of documents under Rules 7026 through 7037 Fed.R.Bankr.P. shall be heard unless and until moving counsel certify that they have attempted to resolve the discovery dispute on their own. WDNY Bankruptcy Court proceedings only; chapter-specific limits remain applicable. ## Communications with chambers All pleadings and other papers shall be captioned with the name of the Court, the title of the case, the proper docket number or numbers, including the initial at the end of the number indicating the Judge to whom the matter has been assigned, and a description of their nature. All pleadings and other papers, unless excepted under Rule 9011 Fed.R.Bankr.P., shall be dated, signed and have thereon the name, address and telephone number of each attorney, or if no attorney, then the litigant appearing. WDNY Bankruptcy Court proceedings only; chapter-specific limits remain applicable. ## Motion practice B. Except as otherwise provided by rule or ordered by the Court, notices of motion along with supporting affidavits and memoranda shall be served on the parties and filed with the Bankruptcy Clerk at least five (5) days prior to the return date of the motion [eight (8) days if served by mail]. Motion dates may be obtained from the Clerk. Discretionary responses to motions (those not required by order) shall be filed and served upon the adverse party or parties as soon as practicable. WDNY Bankruptcy Court proceedings only; chapter-specific limits remain applicable. ## Filing and working copies RULES 38, 39 AND 47-51 Fed.R.Civ.P. and Rule 81(c) Fed.R.Civ.P. insofar as it applies to jury trials, apply in cases and proceedings, except that a demand made under Rule 38(b) Fed.R.Civ.P. shall be filed in accordance with Rule 5005 Fed.R.Bankr.P. WDNY Bankruptcy Court proceedings only; chapter-specific limits remain applicable. ## Filing and working copies 9022-1. NUMBER OF COPIES. All orders and judgments shall be filed in duplicate by the party who secures them if such party desires a conformed copy be returned to them. The copies will be placed at the intake counter for pickup unless accompanied by a postage-paid, self-addressed envelope. WDNY Bankruptcy Court proceedings only; chapter-specific limits remain applicable. ## Communications with chambers Such party also shall furnish the Clerk with a sufficient number of additional copies thereof for mailing with the notice of entry, whenever notice of entry is required. All orders, whether made on notice or ex parte, together with the papers on which they were granted, shall be filed forthwith or within the time otherwise permitted by law. WDNY Bankruptcy Court proceedings only; chapter-specific limits remain applicable. ## Filing and working copies B. Unless the Bankruptcy Court otherwise directs, exhibits (except those produced by non- parties) shall not be filed with the Bankruptcy Court Clerk but shall be retained in the custody of the respective attorneys or persons who produce them in Court. Upon submission to the trier of fact, all exhibits which were received into evidence shall be delivered to the Court. Following decision or verdict, exhibits will be returned to the parties. In the case of an appeal or other review by an appellate Court, all exhibits necessary to perfect the appeal shall be made available for inclusion in the record on appeal. WDNY Bankruptcy Court proceedings only; chapter-specific limits remain applicable.