Bankruptcy

Proposed Amendments to Local Bankruptcy Rules - Dec. 1, 2017

Four local bankruptcy rules need to be changed in order to be consistent with the amended federal bankruptcy rules of procedure that become effective on December 1.  These are BKLR 1006-1, 3007-1, 3015-1, and 3015-2.  The biggest change is the adoption of a standard local Chapter 13 plan form that conforms to the new national Chapter 13 plan form.  This plan has two attachments to handle motions for request of valuation of a secured claim and  requests to avoid lien under § 522(f).  Under our existing rules, these motions would be handled with pleadings.

 

Proposed Amendments to Local Bankruptcy Rules - ACTION REQUESTED by November 3, 2017

Click here for proposed amendments to the local bankruptcy rules, intended to be consistent with changes in the federal rules effective December 1, 2017, and in conjunction with a new form plan for Chapter 13.  The proposed amendments include changes to BKLR 1006-1, 3007-1, 3015-1 (and new official Chapter 13 Plan form), and 3015-2.  The most significant proposed change is the adoption of a standard local Chapter 13 plan form that conforms to the new national Chapter 13 plan form.

Proposed amendments to the Federal Rules regarding mandatory electronic filing


"Electronic filing has matured. Most districts have adopted local rules that require electronic filing, and allow reasonable exceptions as required by the former rule. The time has come to seize the advantages of electronic filing by making it mandatory in all districts, except for filings made by an individual not represented by an attorney. But exceptions continue to be available. Paper filing must be allowed for good cause. And a local rule may allow or require paper filing for other reasons." 

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