NOTICE OF AMENDMENTS TO FEDERAL RULES OF BANKRUPTCY PROCEDURE, ENACTMENT OF NEW RULE, AND AMENDMENTS TO OFFICIAL BANKRUPTCY FORMS EFFECTIVE DECEMBER 1, 2010

Release Date: 
Thursday, January 27, 2011

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NOTICE OF AMENDMENTS TO FEDERAL RULES OF BANKRUPTCY PROCEDURE, ENACTMENT OF NEW RULE, AND AMENDMENTS TO OFFICIAL BANKRUPTCY FORMS EFFECTIVE DECEMBER 1, 2010

On April 28, 2010, the Supreme Court of the United States approved the following rules and forms amendments and new rule, as approved by the Judicial Conference. The rules and forms amendments were transmitted to Congress and will take effect on December 1, 2010 unless Congress enacts legislation to the contrary. The following list represents the major changes affecting bankruptcy practice. It is not an exhaustive list of the changes effective 12/1/2010. For more information or a complete listing of the changes, see the U.S. Court’s Federal Rulemaking website and the U.S. Court’s Official Forms website.

http://www.uscourts.gov/RulesAndPolicies/FederalRulemaking/PendingRules.aspx

http://www.uscourts.gov/FormsAndFees/Forms/BankruptcyForms/BankruptcyFormsPendingChanges.aspx

 

A. AMENDMENTS TO FEDERAL RULES OF BANKRUPTCY PROCEDURE AND ENACTMENT OF NEW RULE

 

 

Bankruptcy Rule 1007

There are two changes. First, this rule extends the time for individual chapter 7 debtors to file the statement of completion of course in personal financial management from 45 days to 60 days after the first meeting of creditors. (There is a related change in Rule 5009). Second, this rule also shortens the time for a debtor to file a list of creditors to

7 days after the entry of an order for relief in an involuntary case.

Bankruptcy Rule 1019

With some exceptions, a new time period to object to a claim of exemption arises when a case is converted to chapter 7 from chapter 11,

12, or 13.

Bankruptcy Rule 4001

Technical and conforming amendment on the computation of time.

Bankruptcy Rule 4004

Amended to: (a) include a new deadline for filing of motions (rather than complaints) under Rule 7001(b) objecting to a debtor's discharge; (b) direct the court not to grant a discharge if a motion or complaint objecting to discharge has been filed unless the objection has been decided in the debtor's favor; and (c) direct the court in chapter 11 and

13 cases to withhold the entry of the discharge if the debtor has not filed with the court a statement of completion of a course concerning personal financial management.

Bankruptcy Rule 5009

Amended to add new subdivisions to the rule. Specifically, subdivision (b) requires the clerk to provide notice to individual debtors in chapter 7 and 13 cases that their cases may be closed if they fail to file a statement of completion of financial management course.

Bankruptcy Rule 5012

New rule establishing procedures in Chapter 15 cases filed on or after

December 1, 2010.

Bankruptcy Rule 7001

Objections to discharge under §§ 727(a)(8), (a)(9), and § 1328(f) are to be commenced by motion rather than by complaint, corresponding to the proposed amendment to Rule 4004. Two new motion events have been added to CM/ECF.

 

B. AMENDMENTS TO OFFICIAL BANKRUPTCY FORMS

 

Failure to file the required official forms will result in an order directing the filing of official forms. If the amended document is not filed timely, the document may be stricken or the case dismissed without hearing. The following official forms changed in April, 2010 and will also be included in the order directing the filing of official forms; Form 1 Voluntary Petition, FormB6C Schedule C, Form B6E Schedule E, and Form B7 Statement of Financial Affairs.