Part VII: Adversary Proceedings

Rule 7004-2. Summons

Upon the filing of a complaint commencing an adversary proceeding, the clerk shall issue the summons.

Rule 7005-2. Filing of Discovery Materials

Unless ordered otherwise, no discovery documents shall be filed, except that limited excerpts may be attached as exhibits to motions and responses.

Rule 7007-1. Motion Practice (in Adversary Proceedings)

(a) Local Rules 9013-1, 9013-2, 9006-1, and 9017-1 govern motions and responses in adversary proceedings.

(b) A motion in an adversary proceeding may not include a request for relief which is properly made by motion in the bankruptcy case.

Rule 7018-1. Joinder of Claims/Remedies

Except as provided in Local Rule 3007-1 a complaint shall not include a request for relief which is properly made by motion in a bankruptcy case, including a request for relief from the stay or for dismissal or conversion of a case.

Rule 7037-1. Discovery Motions

No motion relating to contested discovery shall be heard unless it affirmatively appears that the parties have conferred and attempted to resolve their differences. The discovering party shall arrange such a conference which shall be held within seven days from the date of a written request for a discovery conference. Not later than 24 hours before the hearing on such motion, the parties shall file a joint statement setting forth the matters upon which they have been unable to agree, together with memoranda in support of or in opposition to their respective contentions. Unless ordered otherwise, the hearing on the motion shall be deemed the hearing on award of expenses including attorney’s fees under Federal Rule of Bankruptcy Procedure 7037.

Rule 7041-1. Dismissal of Adversary Proceedings

A complaint objecting to discharge or seeking revocation of discharge, other than one brought by a trustee or the United States Trustee, shall not be dismissed at the plaintiff’s instance except by order of the court after hearing on motion made in the adversary proceeding. The plaintiff shall give notice of the motion to all creditors and other parties in interest. The plaintiff also shall include with the motion an affidavit stating what, if anything, has been received by or promised to the plaintiff in consideration of the request for dismissal.

Rule 7054-1. Costs – Taxation/Payment

Fifteen days after the prevailing party has served and filed a verified bill of costs under 28 U.S.C. §§1920 and 1924, the clerk shall tax costs under Federal Rule of Bankruptcy Procedure 7054(b), Federal Rule of Bankruptcy Procedure 8021, or Fed. R. App. P. 39 only if the court allows costs to the prevailing party. On motion of any party served and filed within seven days after the clerk enters judgment taxing costs, the action of the clerk may be reviewed by the court.

Rule 7055-1. Default; Default Judgment

A party seeking default judgment shall:

(a) First, file a request by affidavit or letter for the clerk to enter default against any party who has failed to plead or otherwise defend; and

(b) Second, after the clerk has entered the party’s default, serve on any party in default and file: 1) a request for default judgment; 2) an affidavit of default stating that no defense or other response of any kind has been received or, if one has been received, detailing the defense or other response received; 3) an affidavit of identification of the defaulting party including address and military or infancy or competence status; 4) an affidavit on the merits and the amount due including costs and disbursements by a person with personal knowledge; and 5) proposed findings of fact, conclusions of law and order for judgment. If the summons and complaint were served by mail and then returned by the postal service, the party seeking judgment shall disclose that to the court by affidavit. If the request for default judgment was served by mail and then returned by the postal service, the party seeking judgment shall disclose that to the court. The court may, in its discretion, hold a hearing before entry of default judgment.

Rule 7056-1. Time Periods for Service and Filing of Summary Judgment Motions

(a) MOVING DOCUMENTS. Notwithstanding Local Rule 9006-1, and unless otherwise provided in any applicable case management order or scheduling order, moving documents for summary judgment in an adversary proceeding or contested matter shall be filed and served not later than twenty-eight days before the hearing date. Moving documents shall be filed within five days after the date and time for a hearing was obtained from the judge’s calendar clerk.

(b) RESPONSIVE DOCUMENTS. Any responsive documents shall be filed and served not later than fourteen days before the hearing date.

(c) REPLY DOCUMENTS. A reply, if any, by the moving party or other interested persons to any responsive documents shall be filed and served not later than seven days before the hearing date. Such reply shall be limited to new legal or factual matters raised by any responsive documents.

Rule 7067-1. Deposit of Funds in Controversy

Parties contemplating deposit under Federal Rule of Bankruptcy Procedure 7067 are subject to Local Rule 5095-1(a) and shall to the extent practicable arrange instead for a banking or other depository to hold funds in escrow at interest upon appropriate terms and conditions but at their own risk.

Rule 7069-1. Postjudgment; Execution

(a) GENERALLY. If the adversary proceeding has been statistically concluded or terminated, and unless ordered otherwise, further docket entries may be made and relief granted without reopening the proceeding. If a satisfaction of a money judgment is filed, the satisfaction shall be noted in the docket and interested parties may file a certified copy with the clerk of the district court. Minnesota statutes and civil rules apply to the assignment, expiration or enforcement of judgments and related matters to the extent applicable under Federal Rule of Bankruptcy Procedure 7069 incorporating Fed. R. Civil P. 69(a).

(b) EXECUTION. A request for a writ of execution shall be made by application and shall identify the judgment, the amount due on the judgment, the title of the case or proceeding, the file number, and the reason for requesting the execution. Every writ of execution issued by the clerk shall be noted in the docket, delivered by the clerk to the United States Marshal and returned to the clerk within 30 days after the date issued. The attorney for the judgment creditor shall request particular action from the marshal by a separate writing to the marshal.

(c) ALTERNATIVE ENFORCEMENT. Upon request, the clerk shall furnish a certified copy of a judgment to permit filing with the clerk of the district court under Federal Rule of Bankruptcy Procedure 5003(c) or a certification of judgment to permit registration of the judgment with the clerk of district court for another district under 28 U.S.C. §1963 or to enable the judgment creditor to obtain a judgment and enforce the judgment in the courts of Minnesota under the Uniform Enforcement Of Foreign Judgments Act (Minn. Stat. §§ 548.26548.33).

Fed. R. Bankr. eference 5003(c).