Notice Regarding Adoption of Amended Local Rules

Release Date: 
Tuesday, March 4, 2008

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Notice Regarding Adoption of Amended Local Rules

The United States District Court has approved the attached amended local bankruptcy rules.

These amended rules are effective on May 5, 2008.

The changes in the attached amended local bankruptcy rules are substantial. They were
motivated by three significant events:
• The advent of Electronic Case Filing;
• The enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act of
2005; and,
• The sunset of the experimental chapter 11 local rules.

Each existing local rule was reviewed to determine whether ECF requires any changes. Most
of the changes resulting from this review simplify or eliminate service requirements because of the
automatic service that ECF accomplishes.

Upon the enactment of BAPCPA 2005 on October 17, 2005, the Court adopted interim local
rules by administrative order to create several necessary procedures. Those procedures are generally
deemed adequate to address the requirements of the new act, and those interim local rules are
adopted in these rules with some minor changes, clarifications and additions.

The chapter 11 local rules were adopted on an experimental basis on November 5, 2004.
That experiment is generally considered successful. As a result, upon the recommendation of the
local bankruptcy rules advisory committee, those local rules are adopted with some minor changes
and clarifications.

Other changes were also made. Each local rule was reviewed to clarify and simplify as
appropriate.

The numbering of each rule was also reviewed and changed as necessary. Under
F.R.Bankr.P. 9029(a), the numbering of local bankruptcy rules is prescribed by the Judicial
Conference of the United States according to subject matter. Our proposed local rules are not
sequentially numbered because the local rules do not address all of the potential subjects in the
prescribed numbering system.

Finally, the Court reviewed each of the general and administrative orders adopted over the
years to determine which are still relevant and which should been incorporated into the local rules.
As a result, most existing general and administrative orders will be abrogated.

These amended local rules are the result of a process that commenced in the summer of 2006
when the Court requested that the rules subcommittee of the Court’s advisory committee review the
local rules and propose a draft that would incorporate any necessary and recommended changes in
the Court’s local rules. That committee accepted the challenge with vigor and commitment. It
divided its work among four subcommittees, which met on multiple occasions. The committee also
sought and received comments from the bar. The committee then compiled its subcommittees’
recommendations and submitted its report and recommendation to the Court on March 28, 2007.

The Court is profoundly appreciative of dedicated work of the 48 members of the committee.

For the next several months, the Court reviewed and seriously considered each of the
committee’s proposed changes. Then, on September 21, 2007, the Court published the proposed
amended rules for comments with a deadline of October 24, 2007. In this comment period, the
Court received 17 comments from 13 attorneys. In addition, the rules subcommittee reviewed the
proposed amended rules in depth again and submitted extensive comments and proposed additional
changes for the Court’s consideration. Each comment and the committee’s analysis were distributed
to each of the bankruptcy judges and were given full consideration. The judges met in five meetings
over several hours to review each of the comments. In addition, the judges met twice with the
chapter 13 trustees of the district to clarify, simplify and expedite our chapter 13 discharge
procedures.

Explanatory comments are attached to each amended local rule. Those comments are offered
to explain the source and scope of any changes, rather than to explain or clarify the proposed rules
themselves.

The amended local rules require the use of several new local forms and refer to other items
on the Court’s website. A list of these items in compiled on page 76. These will be available on the
Court’s website by April 1, 2008.

Several local bankruptcy bar organizations are planning a seminar on these local rules for
the afternoon of April 18, 2008. Details will follow shortly. Please plan to attend.