FEDERAL RULES OF BANKRUPTCY PROCEEDURE:
Rule 1014(b): Clarifies procedure when petitions involving the same debtor are filed in different courts. Provides that proceedings in the subsequently filed cases are stayed only upon order of court in which first-filed petition is pending. Eliminates uncertainty about whether subsequently filed cases are stayed.
Rule 7004(e): A summons must be served within 7 days after it is issued.
Rules 7008(b) and 7054: Rule 7054 now makes Rule 54 of F.R. Civ. P. applicable in adversary proceedings. A claim for attorney fees must be made by separate motion. Bankr. Rule 7008(b), which required a request for attorney fees to be pleaded as a claim in a complaint, answer or other pleading has been deleted.
Rules 8001- 8028: As the product of a multi-year project, the rules governing appeals have been re-written to: bring the BR appellate rules into closer alignment with the F.R. App. P., incorporate a presumption in favor of electronic filing and adopt a clearer and simpler style.
Rules 9023 and 9024: Amended to add a reference to new Rule 8008 which clarifies the jurisdictional authority remaining with the BR court after an appeal has been filed.
UNIFORM LOCAL RULES OF THE NORTHERN AND SOUTHERN DISTRICTS:
Local Rule 3007-1: Amended to provide that the movant, as opposed to the court, shall deliver a copy of an objection to claim (and the notice of hearing thereon) on opposing parties.
Local Rule 3015-1: Chapter 13 plans must be typewritten. Hand written plans not allowed.
Local Rule 5005-1: The Clerk may refuse for filing any “Hazardous Paper or Thing” as defined in L.R. 5005-1(2)(K).
Local Rule 9010-1(b)(4): The Clerk may suspend access to CM/ECF upon receipt of notification that an attorney is not authorized to act or appear in court (e.g., disbarment).
OFFICIAL BANKRUPTCY FORMS:
Official Forms 3A (Application for Individuals to Pay the Filing Fee in Installments) and 3B (Application to Have the Chapter 7 Filing Fee Waived) are revised to remove references to fee amounts.
Official Form B6Sum (Summary) is revised to update line number cross references to the revised means test forms (Official Forms 22A-1, 22A-1 Supp, 22A-2, 22B, 22C-1 and 22C-2).
Official Forms 17A (Notice of Appeal and Statement of Election), 17B (Optional Appellee Statement of Election to Proceed in District Court) and 17C (Certificate of Compliance with Rule 8015(a)(7)(B) and 8016(d)(2)) are new forms set to go into effect with the revised bankruptcy appellate rules.
Official Forms 22A-1 (Chapter 7 Statement of Your Monthly Income), 22A-1 Supp (Statement of Exemption from Presumption of Abuse Under §707(b)(2)), 22A-2 (Chapter 7 Statement of Your Current Monthly Income), 22B (Chapter 11 Statement of Your Current Monthly Income), 22C-1 (Chapter 13 Statement of Your Current Monthly Income and Calculation of Commitment Period) and 22C-2 (Chapter 13 Calculation of Your Disposable Income) are the revised means test forms. These forms are revised to accommodate changes in the law as a result of Supreme Court precedent and as part of the Bankruptcy Rules Advisory Committee’s ongoing Forms Modernization Project.
CHANGES TO BANKRUPTCY COURT MISCELLANEOUS FEE SCHEDULE:
Item 11: A case reopening fee must not be charged to redact a record already filed in a case if redaction is the only reason for reopening.
Item 14: Upon notice that a direct appeal has been authorized, an additional fee of $207 must be collected (was $157).
Item 21: A new fee of $25 must be collected, per affected case, for filing a Motion to Redact a Record. The court may waive the fee under appropriate circumstances.