At its September 2017 meeting, the Judicial Conference approved amendments to the Federal Rules of Appellate, Bankruptcy, Civil, and Criminal Procedure. The amendments were adopted by the Supreme Court and transmitted to Congress on April 26, 2018. The amendments are on track to become effective December 1, 2018. A complete set of the amendments is available here.
This Microsoft Word document may be used as a template for petitions for admission, pursuant to GNLR 17.1.
Chapter 13 filings increased and Chapter 7 filings decreased, but the total number of filings over that period were consistent with past years.
- Chapter 7: Liquidation Under the Bankruptcy Code. This chapter of the Bankruptcy Code provides for "liquidation" - the sale of a debtor's nonexempt property and the distribution of the proceeds to creditors.
Objection to Claim and Notice of Hearing
Local Chapter 13 Plan, effective December 1, 2017 with attachments:
- GUB 113A Request for Valuation and Determination of Amount of Secured Claim
- GUB 113B Request to Avoid Lien under § 522(f)
Pursuant 28 U.S.C. § 2071, and after appropriate public notice and an opportunity for comment, the District Court of Guam hereby adopts the attached updated Local Rules of Bankruptcy Practice, effective December 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.