Posted: November 22, 2010

Amendments to the Federal Rules of Bankruptcy Procedure (Effective December 1, 2010)

For additional information about the Pending Rules Amendments, visit the U.S. Courts Website at http://www.uscourts.gov/RulesAndPolicies/FederalRulemaking/PendingRules.aspx.

SUMMARY:

Bankruptcy Rule 1007

This amendment extends the time for individual chapter 7 debtors to file the statement of completion of the course in personal financial management to 60 days after the first date set for the meeting of creditors. The rule also shortens the time to 7 days for a debtor in an involuntary case to file the list of creditors after an order for relief in an involuntary case is entered.

Bankruptcy Rule 1014

The amendment adds chapter 15 cases in the rule that authorizes the courts to determine where cases should go forward when multiple petitions involving the same debtor are pending.

Bankruptcy Rule 1015

The amendment adds chapter 15 cases to the rule that authorizes courts to order consolidation or joint administration.

Bankruptcy Rule 1018

The amendments apply selected provisions from Part VII of the Bankruptcy Rules which include proceedings contesting an involuntary petition and chapter 15 cross border petition for recognition. The amendments also clarify that Rule 1018 does not apply to matters that are "merely related" to a contested involuntary petition. This reflects the enactment of the chapter 15 provisions in the code in 2005.

Bankruptcy Rule 1019

This rule provides a new time period to object to a claim of exemptions when a case is converted to chapter 7 from 11, 12, or 13. The new time period does not apply, however, if the conversion occurs more than one year after the entry of the first order confirming a plan, or if the case was previously pending under chapter 7.

Bankruptcy Rule 4001

Time deadlines were adjusted in the rule to be consistent with the amendments to Rule 9006(a).

Bankruptcy Rule 4004

The amendments includes a new deadline for filing motions (instead of complaints) under Rule 7001(b) to object to the debtor’s discharge. It also directs the court not to grant discharge if a motion or complaint objection to discharge has been filed (unless the objection has been decided in the debtor’s favor). The rule also directs the court to withhold entry of a discharge if the debtor in a chapter 11 or 13 case has not filed a statement of completion of course in personal financial management.

Bankruptcy Rule 5009

The amendments require the clerk to notify individual chapter 7 and 13 debtors that their case may be closed without entry of a discharge if they fail to file Form B 23. The rule also requires a foreign representative to file a final report, with notice to interested parties.

Bankruptcy Rule 5012

Rule sets out notice provisions and establishes procedures in chapter 15 cross border cases for obtaining court approval of an agreement or protocol coordinating insolvency proceedings in another country involving the debtor.

Bankruptcy Rule 7001

Specified objections to a discharge in a chapter 7 and 13 cases are to be commenced with a motion rather than by complaint.

Bankruptcy Rule 9001

The amendments apply the definitions of words and phrases governing cross border insolvencies listed in Section 1502 of the Bankruptcy Code to the Bankruptcy Rules.

The following Official Forms will be updated:

  • Official Form 20A
  • Official Form 20B
  • Official Form 22A
  • Official Form 22B
  • Official Form 22C
  • Official Form 23