Important Notice to the Bar and Public Concerning Court Issuance of Orders to Show Cause

Wednesday, May 22, 2019

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UNITED STATES BANKRUPTCY COURT
DISTRICT OF NEW JERSEY

IMPORTANT NOTICE TO THE BAR AND PUBLIC
CONCERNING COURT ISSUANCE OF ORDERS TO SHOW CAUSE

 

To streamline the processing of cases, the Board of Judges for the Bankruptcy Court for the District of New Jersey has modified the process for the issuance of Orders to Show Cause in the following instances:

  • Order to Show Cause Why Case Should Not be Dismissed for Debtor’s Failure to File Documents.
  • Order to Show Cause Why Case Should Not be Dismissed for Debtor’s Failure to Comply with D.N.J. LBR 1006-1, Payment of Filing Fees in Installments,
  • Order to Show Cause Why Case Should Not be Dismissed for Debtor’s Failure to Make Installment Payment(s) or Pay Miscellaneous Filing Fees,
  • Order to Show Cause Why Case Should Not be Dismissed for Debtor’s Failure to Meet Credit Counseling Requirements,
  • Order to Show Cause Why Case Should Not be Dismissed for Corporate Debtor’s Failure to Obtain Counsel,
  • Order to Show Cause Why Case Should Not be Converted or Dismissed Due to Debtor’s Ineligibility to be a Debtor under Chapter 13 of the Bankruptcy Code.

 

Effective June 3, 2019, the process is modified to require that a hearing be scheduled on a single motion date for all outstanding Orders to Show Cause. The hearing will be set for the first available motion date 21 days after the filing of the petition. Each Order to Show Cause can be resolved by complying with the underlying requirements. If all required documents and/or fees are filed with the Clerk before the hearing date, no appearance is required. A Debtor who files a motion to extend time or an objection to an Order to Show Cause must appear at the date and time indicated.

A sample of each Order to Show Cause is attached.

                     Date: May 22, 2019                                Jeanne A. Naughton, Clerk

 

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