The Process

Parties to an eligible dispute may request in writing that the court order the disputed matter be assigned to the BDRP. While participation in the BDRP is voluntary, any judge acting sua sponte or on the request of a party, may designate specific matters for inclusion in the program.

If the court orders a matter be assigned to the BDRP, the parties will be presented with the order and a current roster of the Panel of Resolution Advocates (volunteers who assist in the resolution of referred matters). The parties will then be given the opportunity to confer and designate a mutually acceptable Resolution Advocate as well as an alternate Resolution Advocate. If the parties cannot agree, or if the judge deems selection by the court to be appropriate, the judge will select a Resolution Advocate.  The parties submit BDRP Statements to the Resolution Advocate that will:

• Describe the substance of the dispute
• Identify legal or factual issues whose resolution might contribute to settlement
• Identify the discovery that could contribute most to meaningful discussions
• Set forth the history of past settlement discussions
• Meet other requirements defined by Local Rule 9019-2.

The parties will attend a BDRP Conference conducted by the Resolution Advocate. There they will pursue a mutually agreeable solution to the disputed matter(s). When necessary, the Resolution Advocate may conduct continued conferences after the initial session.

With a few exceptions most, but NOT ALL, disputes arising in an adversary proceeding, contested matter, or a bankruptcy case, are eligible for the BDRP.

Per Local Rule 9019-2, the BDRP facilitates the resolution of eligible disputes through the intervention of a Resolution Advocate.

1. Employment and compensation of professionals;

2. Compensation of trustees and examiners;

3. Objections to discharge under 11 U.S.C. § 727 except where such objections are joined with disputes over dischargeability of debts under 11 U.S.C. § 523; and

4. Matters involving contempt or other types of sanctions.

As authorized by Local Rule 9019-2, the BDRP facilitates the resolution of eligible disputes through the intervention of a Resolution Advocate

Resolution Advocates

Members of the bar are invited to complete an application. Simply complete the form under the link above and send it to ADR@mdb.uscourts.gov(link sends e-mail), our BDRP Administrator, who will contact you shortly.

The administration of the BDRP includes guidance from all levels of the Bankruptcy Court family: the Clerk's Office staff, court managers, and the judges' chambers.

Per Local Rule 9019-2, the BDRP facilitates the resolution of eligible disputes through the intervention of a Resolution Advocate

Time Table
Coordinated on an October - September fiscal year basis, the Bankruptcy Dispute Resolution Program (BDRP) accepts applications from prospective resolution advocates until August 1st for the following year.

Panel
The Court has limited the size of the BDRP Panel of Advocates to 50 members. Membership will be reviewed and determined by October 1st of each year.
A deputy clerk in the Clerk’s office will serve as the staff assistant to the BDRP Administrator, and will be responsible for collecting applications to the panel, maintaining its roster, and compiling the results of the BDRP.

Applications for panel membership will be sent to the Clerk, who will forward them to the staff assistant. The staff assistant will add panel member names, office addresses, and phone and fax numbers to a listing on the Court’s web page. Electronic versions of the applications and any other relevant documentation (as determined by the BDRP Administrator) will be available for public review.