Rules and Procedures
Rule, Form, and Fee Changes Effective Deceember 1, 2014
The following changes to the Miscellaneous Fee Schedule will be effective December 1, 2014.
(14) Upon notice from the court of appeals that a direct appeal or direct cross-appeal has been authorized, an additional fee of $157 207 must be collected.
(21) For filing a motion to redact a record, $25 per affected case. The court may waive this fee under appropriate circumstances.
The following Official Forms have been updated and will be effective December 1, 2014.
B3A Application for Individuals to Pay the Filing Fee in Installments
B3B Application to Have the Chapter 7 Filing Fee Waived
B17A Notice of Appeal and Statement of Election
B17B Optional Appellee Statement of Election to Proceed in District Court
B17C Certificate of Compliance with Rule 8015(a)(7)(B) or 8016(d)(2)
B22A-1 Chapter 7 Statement of Your Current Monthly Income
B22A-1Supp Statement of Exemption from Presumption of Abuse Under §707(b)(2)
B22A-2 Chapter 7 Means Test Calculation
B22B Chapter 11 Statement of Your Current Monthly Income
B22C-1 Chapter 13 Statement of Your Current Monthly Income and Calculation of Commitment Period
B22C-2 Chapter 13 Calculation of Your Disposable Income
The following changes to the Federal Rules of Bankruptcy Procedure will be effective December 1, 2014.
Rule 1014(b) – The amendment to Rule 1014(b) provides that proceedings in subsequently filed cases are stayed only upon order of the court in which the first-filed petition is pending, and would expand the list of persons entitled to receive notice of a motion in the first court for a determination of where the related cases should proceed.
Rule 7004(e) – The amendment to Rule 7004(e) alters the period of time during which service of the summons and complaint must be made, reducing the period from 14 days to 7 days after issuance of the summons.
Rules 7008(b) and 7054 - Procedure for seeking attorney’s fees in bankruptcy proceedings. Rule 7008(b) will be deleted. Rule 7054 will include the procedures for seeking an award of attorney’s fees, unless the governing substantive law requires the fees to be provided at trial as an element of damages.
Rules 8001-8028 – Rules Governing Appeals. Amendments will (1) bring the bankruptcy appellate rules into closer alignment with the Federal Rules of Appellate Procedure; (2) incorporate a presumption favoring electronic transmission, filing and service of court documents; and (3) adopt a clearer and simpler style.
Proposed Amendments Published for Public Comment
The Judicial Conference Advisory Committees on Appellate, Bankruptcy, Criminal, and Evidence Rules have proposed amendments to their respective rules and forms, and requested that the proposals be circulated to the bench, bar, and public for comment. The proposed amendments, Rules Committee reports explaining the proposed changes, and other information are posted on the Judiciary’s website HERE. The public comment period ends February 15, 2013.
Voluntary Conversions and Dismissals
Voluntary Conversions and Dismissals. The following chart assumes that unless otherwise indicated, these motions or notices are made by the debtor or debtor’s attorney to all interested parties in the case. Fed. R. Bankr. P. 1017(a). Notice will not be given by the bankruptcy court. See 11 U.S.C. §§ 706, 707, 1112, 1208, 1307.
Notice of the motion must advise interested parties of their right to request that the court set a hearing on the motion. No action will be taken on the motion unless 14 days have passed, plus three days for mailing. If no request for a hearing is made during that time, the moving party may file an affidavit of no objection and proposed order granting the action requested. LBR 9013. The court may also decide to set a hearing even if no request is made.
If a hearing is set, only the party requesting the hearing, debtor, debtor’s counsel, and any trustee will be sent notice by the court at least 21 days before the hearing. Fed. R. Bankr. P. 2002(a)(4).
|7,11||Motion, opportunity for hearing, granting order discretionary with court. 11 U.S.C. §§ 707(a), 1112(b)(1).|
|12||Motion, case not previously converted, mandatory order dismissing. No notice necessary if case not previously converted. 11 U.S.C. § 1208(b).|
|13||Motion, case not previously converted, mandatory order dismissing. No notice necessary if case not previously converted. 11 U.S.C. § 1307(b).|
In all cases below, the debtor must qualify to be a debtor under the chapter to which conversion is sought.
|7 to 11
||Motion, case not previously converted, opportunity for hearing, granting order discretionary with court. 11 U.S.C. § 706(a), (b).|
|7 to 12||Motion, case not previously converted, opportunity for hearing, granting order discretionary with court. 11 U.S.C. § 706(c), (d).|
|7 to 13||Motion, case not previously converted, opportunity for hearing, granting order discretionary with court.1 11 U.S.C. § 706(c), (d).|
|11 to 7||Motion, debtor qualifies under § 1112(a), mandatory order granting unless debtor is a farmer or not a moneyed, business, or commercial corporation, or if so, unless debtor consents. 11 U.S.C. § 1112(c); Fed. R. Bankr. P 1017(f)(2).|
|11 to 12||
Motion made before discharge, debtor requests, conversion is equitable, order granting discretionary with court. 11 U.S.C. § 1112(d).
|11 to 13||Motion made before discharge, debtor requests, order granting discretionary with court. 11 U.S.C. § 1112(d).|
|12 to 7||Debtor converts, no notice or order. 11 U.S.C. § 1208(a); Fed. R. Bankr. P. 1017(f)(3).|
|12 to 11||Motion, if qualified, order granting discretionary with court. 11 U.S.C. § 1208(e).|
|12 to 13||Motion, if qualified, order granting discretionary with court. 11 U.S.C. § 1208(e).|
|13 to 7||Debtor converts, no notice or order. 11 U.S.C. § 1307(a); Fed. R. Bankr. P. 1017(f)(3).|
|13 to 11||Motion before confirmation, if qualified, order granting discretionary with court. 11 U.S.C. § 1307(d), (g).|
|13 to 12||
Motion before confirmation, if qualified, order granting discretionary with court. 11 U.S.C. § 1307(d), (g).
Mandatory Electronic Filing
Pursuant to Local Rule 5005, “Electronic filing is mandatory for all attorneys who file in this district except in limited emergency circumstances or where the attorney has received a waiver from the mandatory requirement from the Chief Judge of the Bankruptcy Court. If an attorney encounters emergency circumstances that require the attorney to file documents in paper form, the paper filing shall be accompanied by a letter briefly discussing the emergency circumstances that prevented electronic filing.” For additional information on how to become a registered electronic filer, please refer to the “Training” link under the above entitled section “Information for Attorneys.”
Updated Chapter 13 Model Plan
An updated version of the Chapter 13 Model Plan has been posted and can be found in the Bankruptcy Forms Section under "Local Forms." For more information, click here.