Chart Summarizing Local Rules Changes, December 1, 2009

Release Date: 
Wednesday, November 25, 2009

Click here for full document

AMENDMENTS TO CERTAIN FEDERAL STATUTES AND PROCEDURAL RULES SHALL TAKE EFFECT ON DECEMBER 1, 2009

On March 26, 2009, the United States Supreme Court adopted amendments to the Federal Rules of Bankruptcy Procedure. Under the amendments, Bankruptcy Rules 2016, 4008, 7052, 9006, 9015, 9021, and 9023 were revised, a new Rule 7058 was added to make Federal Rule of Civil Procedure 58 applicable to adversary proceedings. The amendment to Rule 9006(a) clarifies the way time is calculated in the federal courts by adopting a "days are days" approach to counting time versus the current practice of excluding intervening weekends and holidays from periods of less than eight days. The amended rules count intermediate weekends and holidays for all time periods and deadlines of less than 30 days are stated as multiples of seven days so that the expiration of a deadline would typically occur on a weekday. For example, a 5 day deadline becomes 7 days; 10 and 15 day deadlines become 14 days; 20 day deadlines become 21 days; and a 25 day deadline becomes 28 days. The chart appearing below indicates the adjustments in days that will occur to each particular amended Federal Rule of Bankruptcy Procedure.

In addition, on May 7, 2009, the Statutory Time Period Technical Amendments Act of 2009 was enacted (Pub. L. No. 111-016). Under this Act, the time periods under 28 statutes, including nine sections of the Bankruptcy Code were adjusted. The time periods in Code Sections 109(h)(3)(A)(ii); 322(a); 332(a); 342(e)(2); 521(e)(3)(B); 521(i)(2); 704(b)(1)(B); 749(b) and 746(b) were adjusted from five days to seven days effective on December 1, 2009.

AM ENDM ENTS TO THE LOCAL RULES OF THE BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF M ICHIGAN EFFECTIVE DECEMBER 1, 2009

After the Supreme Court adopted the amendments to the Federal Rules of Bankruptcy Procedure, the Rules Subcommittee of the Advisory Committee to the Bankruptcy Court for the Eastern District of Michigan reviewed the Local Bankruptcy Rules to recommend any necessary revisions to conform the Local Rules to the amendments to the Federal Rules of Bankruptcy Procedure. The Rules Subcommittee recommended revisions to certain Local Rules, which were published for public comment. Subsequent to the expiration of the public comment period, on November 2, 2009, the U.S. District Court for the Eastern District of Michigan approved the amendments to Local Rules 1007-1, 1007-6, 1009-1, 1017-1, 1074-1, 2002-1, 2003-1, 2014-1, 2015-2, 2015-5, 2016-3, 3007-1, 3015-2, 3015-3, 3018-1, 4001-2, 4001-6, 4004-1, 5010-1, 6004-1, 7016-1, 7016-2, 7041-1, 7055-1, 9013-4, 9014-1, 9015-1, 9019-1, and 9024-1, and Guideline 8. The amendments to the Local Rules become effective December 1, 2009, the same date as the amendments to the Federal Rules of Bankruptcy Procedure. The chart below indicates the adjustments in days that will occur with respect to each amended Local Rule.

The chart below indicates the adjustments in days that will occur with respect to each amended Local Rule.

(See Full Document for Charts)