Notice Regarding Adoption of Amended Local Bankruptcy Rules

Release Date: 
Tuesday, November 24, 2009

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Notice Regarding Adoption of Amended Local Bankruptcy Rules

On November 2, 2009, the United States District Court approved amendments to the Local Bankruptcy Rules.

The amended Local Bankruptcy Rules are effective December 1, 2009.

The Local Bankruptcy Rules for the Eastern District of Michigan have been amended to conform to amendments to the Federal Rules of Bankruptcy Procedure adopted by the United States Supreme Court on March 26, 2009, effective December 1, 2009. The amendments to the Federal Rules of Bankruptcy Procedure clarify the way time is calculated in the federal courts by adopting a Adays are days@ approach to counting time versus the prior practice of excluding intervening weekends and holidays from periods of less than eight days. The amended Federal Rules of Bankruptcy Procedure count intermediate weekends and holidays for all time periods. Further, the amended Federal Rules of Bankruptcy Procedure state deadlines that are less than 30 days in multiples of seven days.

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 Bankruptcy Rules to the amendments to the Federal Rules of Bankruptcy Procedure. The Rules Subcommittee recommended revisions to certain Local Bankruptcy Rules which were then published for public comment. After reviewing and considering comments from members of the bar, the Bankruptcy Court recommended to the United States District Court the adoption of the revisions to the Local Bankruptcy Rules suggested by the Rules Subcommittee. The amendments to the Local Bankruptcy Rules become effective the same date as the amendments to the Federal Rules of Bankruptcy Procedure.

The attached Local Bankruptcy Rules include all of the amendments approved by the United States District Court. A blacklined copy of the Local Bankruptcy Rules that reflects the revisions made by these amendments was previously posted on the Bankruptcy Court=s website on June 8, 2009 and can be found at http://www.mieb.uscourts.gov.

The Bankruptcy Court encourages each member of the bar to carefully review the amendments to the Federal Rules of Bankruptcy Procedure and the amendments to the Local Bankruptcy Rules. The amendments to the Federal Rules of Bankruptcy Procedure and a blacklined version of those amendments can be found at http://www.uscourts.gov/rules/ Supreme%20Court%202008/2008-BK_Report.pdf. While it is important to review each rule itself, the Bankruptcy Court has prepared a chart that summarizes and compares the amendments to both the Federal Rules of Bankruptcy Procedure and the amendments to the Local Bankruptcy Rules. The chart is posted on the website for the Bankruptcy Court. Please remember that the amendments to the Federal Rules of Bankruptcy Procedure and the amendments to the Local Bankruptcy Rules both become effective December 1, 2009.

(See Full Document for Local Rules)