A List of Bankruptcy Districts that HAVE and HAVE-NOT Adopted Local Mediation Rules

img_1400
An old-time courtroom: hanging onto the past

By: Donald L. Swanson

I’ve been asked many times for the number of bankruptcy court districts who, (i) HAVE adopted local rules on mediation, and (ii) HAVE-NOT adopted such rules.

–The have-not courts, it seems, are hanging on to the past — for reasons that are unknown . . . and not readily apparent.

In response, I’ve offered information on what I’ve read — that it’s, roughly, a 50/50 split.  But such information is from several years ago and isn’t satisfactory.

So, I asked a legal assistant in our office, Sarah O’Callaghan, to do the research and come up with a list of districts that HAVE and HAVE-NOT adopted local mediation rules.

Here’s her list, consisting of 74 of 94 districts (78.72%) that HAVE adopted some type of such rules (listed as, “Yes”) and 20 of 94 districts (21.28%) that HAVE NOT adopted any such rules (listed as, “No”).

We are asking everyone who reads this article to review the following list for districts that are familiar to you and let us know of any corrections that need to be made — thanks!

[Note:  This article is updated to include information available as of July 20, 2017.]

1st Circuit District of Maine Yes – Rule 9019-02
District of Massachusetts Yes – Rule 7016-1 & Appendix 7
District of New Hampshire Yes – LBR 7016-1(c)
District of Puerto Rico Yes — District Court Rule 83.1 applies, per Bkry LR 1001(b)
District of Rhode Island Yes – Alternative Dispute Resolution Plan (Amended March 1, 2006)
2nd Circuit District of Connecticut Yes – LBR 9019-2
Eastern District of New York Yes – Rule 9019-1
Northern District of New York Yes – Rule 9019-1 & Appendix IV
Southern District of New York Yes – Rule 9019-1
Western District of New York No
District of Vermont Yes – Rule 16.1 (ENE)
3rd Circuit District of Delaware Yes – Rule 9019 (1-7)
District of New Jersey Yes – LBR 9019-1 & LBR 9019-2
Eastern District of Pennsylvania Yes – Rule 9019-3
Middle District of Pennsylvania Yes – Rule 9019-02 & Rule 9019-3 (Mortgage Modification Mediation Program)
Western District of Pennsylvania Yes – Rule 9019 (2-7)
District Court of the Virgin Islands Yes – Rule 9019-2
4th Circuit District of Maryland Yes – Rule 9019-2
Eastern District of North Carolina Yes – Rule 9019-2
Middle District of North Carolina Yes – LR 9019-2 (Mediation Settlement Conference)
Western District of North Carolina Yes – LR 9019-2 (Mediated Settlement Conference)
District of South Carolina Yes – LR 9019-2
Eastern District of Virginia Yes — LR 9019-1 (adopting District Court Rule 83.6)
Western District of Virginia No
Northern District of West Virginia No
Southern District of West Virginia Yes – 9019-2 (a one-sentence Rule)
5th Circuit Eastern District of Louisiana No
Middle District of Louisiana No
Western District of Louisiana Yes – Voluntary Mediation Program Order
Northern District of Mississippi Yes – Rule 9019-1
Southern District of Mississippi Yes – Rule 9019-1
Eastern District of Texas Yes – LR 9019
Northern District of Texas Yes – L.B.R. 9012-2(a) (a one-sentence Rule) & Form BTXN 002
Southern District of Texas Yes — Adopts District Court LR 16.4
Western District of Texas Yes – L. Rule 1001(h) & Appendix L-1001-h
6th Circuit Eastern District of Kentucky No
Western District of Kentucky No
Eastern District of Michigan Yes – Rule 7016-1(h)(13) & 7016-2
Western District of Michigan Yes – LBR 9016-1
Northern District of Ohio Yes – Rule 9019-2 (Governed by L.C.R. 16.4 – 16.7)
Southern District of Ohio Yes – Rule 9019-2
Eastern District of Tennessee Yes –Rule 9019-2
Middle District of Tennessee Yes – Rule 9019-2
Western District of Tennessee Yes — Rule 9019-1
7th Circuit Central District of Illinois Yes — Adopts District Court Rule 16.4
Northern District of Illinois No
Southern District of Illinois No
Northern District of Indiana Yes – B-9019-2
Southern District of Indiana Yes – B-9019-2
Eastern District of Wisconsin No — But does have MMM
Western District of Wisconsin No — But does have MMM
8th Circuit Eastern District of Arkansas No
Western District of Arkansas No
Northern District of Iowa Yes — District Court LR 72B applies
Southern District of Iowa Yes — District Court LR 72B applies
District of Minnesota Yes – Rule 9019-2 (a one-sentence Rule)
Eastern District of Missouri Yes – Rule 9019
Western District of Missouri No
District of Nebraska Yes – Rule 7016-1 & 9014-1(C)
District of North Dakota No
District of South Dakota No
9th Circuit District of Alaska Yes — BDRP
District of Arizona Yes – Rule 9072
Central District of California Yes – LBR Appendix III
Eastern District of California Yes — BDRP
Northern District of California Yes – 9040-1 through 9050-1 (Bankruptcy Dispute resolution Program)
Southern District of California Yes – 7016-11
District  of Hawaii Yes – LBR 9019-2
District of Idaho Yes — Mediation Program Procedures
District of Montana Yes – 9019-1
District of Nevada Yes – LR 9019 & LR 3015 (Mortgage Modification Mediation)
District of Oregon Yes – Rule 9019-2
Eastern District of Washington Yes – Rule 9019-2
Western District of Washington Yes – Rule 9040-1 (Honorable Thomas T. Glover Mediation Program)
District of Guam Yes — District Court CVLR 16-2 applies
District of the Northern Mariana Islands No
10th Circuit District of Colorado Yes – LBR 9019-2
District of Kansas Yes – LBR 9019.2
District of New Mexico Yes — Form Mediation Order
Eastern District of Oklahoma Yes – Rule 9019-2
Northern District of Oklahoma Yes – Rule 9019-2
Western District of Oklahoma Yes – Rule 7016(f)
District of Utah Yes – Rule 9019-2
District of Wyoming Yes – 9019-2
11th Circuit Middle District of Alabama No
Northern District of Alabama No
Southern District of Alabama No
Middle District of Florida Yes – Rule 9019-2
Northern District of Florida Yes – Rule 7016-1 & Addendum B
Southern District of Florida Yes – Rule 9019-2
Middle District of Georgia Yes — Mediation Procedures
Northern District of Georgia Yes — Mediation Procedures
Southern District of Georgia Yes — Mediation Procedures
D.C. Circuit District of Columbia Yes — District Court LCvR 84.4(e) applies

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

Blog at WordPress.com.

Up ↑