Federal Rules of Bankruptcy Procedure Proposed Rule Changes-Comments by 2-15-2012
Administrative Office of the Courts Calls for Comment on Proposed Court Rule Changes
At this link is a brochure describing the comment process and a summary of proposed rule changes:
http://www.uscourts.gov/uscourts/RulesAndPolicies/rules/Publication%20Aug%202011/Brochure.pdf
Written or electronic comments must be received by the Secretary to the Standing Committee by February 15, 2012. Comments may be sent electronically to rules_comments@ao.uscourts.gov or by mail to Peter G. McCabe, Secretary, Committee on Rules of Practice and Procedure of the Judicial Conference of the United States, Thurgood Marshall Federal Judiciary Building, Washington, D.C. 20544. The proposed effective date is December 1, 2013.
The following changes in bankruptcy rules are proposed:
Federal Rules of Bankruptcy Procedure
Bankruptcy Rule 1007 — relieves individual debtors of the obligation to file Official Form 23 if the provider of a personal financial management course notifies the court that the debtor has completed the course.
Bankruptcy Rule 3007 — allows the use of a negative-notice procedure for claim objections and clarifies the manner for serving them.
Bankruptcy Rule 5009 — reflects the amendment to Bankruptcy Rule 1007 by providing that the Clerk of Court is not required to send notice to a debtor if a course provider has already provided notice that the debtor completed a personal financial management course.
Bankruptcy Rule 9006 — makes various changes to draw attention to the fact that the rule prescribes default deadlines for serving motions and written responses; and applies deadlines to any written response to a motion.
Bankruptcy Rules 9013 and 9014 — conform to the amendments to Bankruptcy Rule 9006.
Official Form 6C — reflects the Supreme Court’s decision in Schwab v. Reilly by permitting the debtor to state the value of the claimed exemption as the “full fair market value of the exempted property.”
Official Form 7 — makes the definition of “insider” consistent with the definition in the Bankruptcy Code.
Official Forms 22A and 22C — align the allowable deduction for telecommunication expenses with the IRS list of
Other Necessary Expenses; also amends Form 22C to conform to the Supreme Court’s decision in Hamilton v. Lanning, by directing an above-median-income Chapter 13 debtor to list any changes in the reported income and expenses that have already occurred or are virtually certain to occur during the 12 months following the filing of the petition.
