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Notice Regarding Court Operations During Lapse in Appropriations (BANKRUPTCY)

January 17, 2019 1:39 PM | Anonymous member (Administrator)

Notice Regarding Court Operations During Lapse in Appropriations (Bankruptcy)


The Administrative Office of the United States Courts ("AO") has advised Bankruptcy Courts that funds are available to maintain normal operations only through Friday, January 25. After that date, funding will be exhausted for Fiscal Year 2019 and courts will have to institute a "Shutdown Plan" in accordance with The Guide to Judiciary Policy, Vol. 13, Ch. 2, § 220.30.10 (e).

The United States Bankruptcy Court for the District of Delaware is one of the busiest chapter 11 courts in the country. Therefore, as described in the attached "Shutdown Order," the Court has determined that all judicial officers and staffs of judicial officers, as well as all other employees of the Court and the Clerk's Office, are necessary and essential to the Court's obligation to fulfill its constitutional and statutory duties. Accordingly, even after January 25, all employees will be required to report to work consistent with their normal schedules. To the extent possible, the Court will be open and operational without disruption, including conducting bankruptcy hearings and trials.

The Court has been advised by the AO that all employees designated essential will be paid in full once appropriations have been finalized. However, the AO has further advised that, after January 25, no staff will be paid until appropriations are enacted.

It remains within the discretion of each judicial officer to manage his or her own docket, which may or may not include granting requests for stays or other relief.

To view this release on the court's website, click here.

To view the shutdown order, click here

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