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2015-02-17 Public Comment for Amendments to Proposed Federal Rules

posted Aug 15, 2014, 10:06 AM by Robin Hunt   [ updated Jun 19, 2015, 11:17 AM by Robin Hunt ]
Deadline for Public Comment about Proposed Amendments to the Federal Bankruptcy Rules and Forms
Proposed amendments to the Federal Rules of Bankruptcy Procedure (as well as the Federal Rules of Appellate, Civil and Criminal Procedure) have been posted for public comment on the United States Courts web site. The public comment period closes on Tuesday, February 17, 2015, at 11:59 PM. The following is a mix of verbatim statements from the United States Courts' web site and my comments.

The proposed amendments would become effective on December 1, 2016, if they are approved, with or without revision, by the relevant Advisory Committee, the Committee on Rules of Practice and Procedure, the Judicial Conference, and the Supreme Court, and if Congress does not act to defer, modify, or reject them. Except as otherwise noted, the revisions to the Official Bankruptcy Forms would become effective on December 1, 2015, if they are approved by the rules committees and the Judicial Conference.

Amendments have been proposed to the following Bankruptcy Rules and Forms: 

Bankruptcy Rules 1010, 1011, 2002, 3002, 3002.1, 3007, 3012, 3015, 4003, 5009, 7001, 9006, and 9009, and New Rule 1012.

Official Forms 11A, 11B, 106J, 201, 202, 204, 205, 206Sum, 206A/B, 206D, 206E/F, 206G, 206H, 207, 309A, 309B, 309C, 309D, 309E, 309F, 309G, 309H, 309I, 312, 313, 314, 315, 401, 410, 410A, 410S1, 410S2, 416A, 416B, 416D, 424, and Instructions, and new Official Forms 106J-2 and 113.

There are a few significant changes for consumer bankruptcy cases. Under Rule 3002, a creditor's deadline to file a timely proof of claim is shortened from 90 to 60 days after the order for relief in a voluntary chapter 7, 12 or 13 case. There are new forms for proofs of claims and mortgage-related claims.

The forms used for notice of bankruptcy case, meeting of creditors and deadlines are revised by chapter and by whether proofs of claims should be filed or not. 

Under Rule 3015 and Official Form 113, an official form for a national chapter 13 plan is anticipated. Under Rule 3015, plan confirmation is likely to be binding on a secured creditor even if the creditor files a contrary proof of claim and the debtor does not object to the claim.

Rule 5009 concerning case closing sets forth a procedure for requesting an order declaring a secured claim satisfied and the lien released under the terms of a confirmed plan in chapter 12 or 13 cases.

Selected official bankruptcy forms and instructions are revised and have a new numbering system. For example, Official Forms 206A/B, 206D, 206E/F, 206G and 206H change the format and add additional information to the schedules of assets, liabilities, executory contracts and unexpired leases, and codebtors. 

Finally, certain revisions affect the ever important notice requirements.

Public Hearings

Members of the public who wish to present testimony may appear at public hearings on the proposed amendments.

How to Submit and Review Comments on the Proposed Amendments to the Federal Rules

Comments are welcome on all aspects of each proposal. The advisory committees will review all timely comments, which are made part of the official record and are available to the public.

How to Submit Comments: 

Comments and supporting files must be submitted electronically using the portal. After choosing the appropriate link below, click the "Submit a Comment" link. This will display the comment web form. You can then enter your submitter information and attach your comment as a file (up to 10MB), or type your comment directly on the web form. When you have finished attaching or typing your comment, click the "Preview Comment" link to review. Once you are satisfied with your comment, click the "Submit" button to send your comment to the advisory committees. Upon completion, you will receive a tracking number for your submission.

Detailed instructions on how to submit a comment are given in the FAQs.

Source: Clerk of the Court, U.S. Bankruptcy Court, District of Colorado

Public comment period for Proposed Amendments to Federal Rules of Bankruptcy Procedure closes on February 17, 2015. 

Proposed effective date unless otherwise noted is December 1, 2016.
Robin Hunt,
Aug 15, 2014, 10:06 AM