Rules and Procedures
Now available: Two sets of sample forms for closing Chapter 11 cases. The first is for non-individual debtors (corporations, partnerships, etc.) who have substantially consummated their Chapter 11 plan and for individual debtors who have either completed all plan payments or who qualify for an early discharge. The second set is for individual debtors who want to administratively close the case while they make their plan payments and then reopen the case to obtain a discharge. The sample forms are available HERE, or on the Local Forms page, under the Bankruptcy Forms menu tab (“Chapter 11 Forms” link).
If you file a document that contains personal identifiers as defined by Bankruptcy Rule 9037 (e.g., full social security number, full account number, individual's birth date, or minor's name), you must file a Motion to Restrict Public Access to the document and pay a $25 filing fee. We have prepared a fillable form Motion and proposed Order for your use in these circumstances. If the Clerk determines that a document contains personal identifiers, the Clerk will restrict the document and issue a deficiency notice. Failure to comply with the notice by filing the Motion and proposed Order will be referred to the Judge for appropriate action. The new forms are available here: Local Forms (Sample Pleadings).
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.
Please click HERE for an overview of the changes to the Federal Rules of Bankruptcy Procedure, Official Forms, and Miscellaneous Fee Schedule, effective December 1, 2014. For more information regarding these changes, please visit www.uscourts.gov.
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.