Request for Comments on Proposed Local Bankruptcy Rules

Release Date: 
Friday, September 21, 2007

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Request for Comments on Proposed Local Bankruptcy Rules

The Court requests comments on the attached proposed local rules. Comments may be
submitted in writing to:

Katherine Gullo, Clerk
U.S. Bankruptcy Court
Suite 2100
211 W. Fort St.
Detroit, MI 48226

Comments may also be submitted by email to:

                    mieb_lrcomments@mieb.uscourts.gov

The deadline for submitting comments is October 24, 2007.

The last major revision of our local rules became effective on October 1, 1998. The changes
in these proposed local 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 trial chapter 11 local rules.

Each existing local rule was reviewed to determine whether ECF requires any changes. Most
of the proposed 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 necessary procedures. Those procedures are generally
deemed adequate to address the requirements of the new act, and those interim local rules are
proposed to be adopted with some minor changes and clarifications.

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

In addition, each local rule was reviewed to clarify and simplify as appropriate. Also, the
numbering of each rule was reviewed and adjusted 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. The proposed local rules are not sequentially numbered because there
is not a proposed local rule on each potential local rule subject.

These proposed 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 Advisory Committee to the
Bankruptcy Court 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 expresses its thanks and appreciation to the 48 members of
the committee for their dedicated work on this important project.

In this comment period, the Court solicits the views and opinions of all interested parties.
Each comment will be distributed to the judges of the Court and will be given full consideration.
After any appropriate final changes, the final draft will then be submitted to the district court for
approval under F.R.Bankr.P. 9029(a). The goal is that the new local rules will be effective on
January 1, 2008.

Explanatory comments are attached to each proposed 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 proposed rules expand the list of local forms that will be available on the Court’s
website. All of these will be posted when the rules become effective.
Unlike this draft, the final adopted version will have a table of contents.

A black-line version of this proposal, comparing it to the existing local rules, is available on
the Court’s website. It is likely, however, that the comments to the proposed rules will be more
informative regarding the proposed changes than the blackline version. The website address is:

http://www.mieb.uscourts.gov/rulesAndForms/Proposed_Local_Rules_Blacklin...