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Proposed Amendments to Local Bankruptcy Rules

Wednesday, September 24, 2025

Pursuant to 28 USC 2071, the District Court of Guam submits the attached proposed changes to its bankruptcy local rules of practice for comment by the public and by the bar of the court. Comments from the public and bar pursuant to 28 USC 2071 are requested by October 8, 2025 and may be sent electronically to clerks@gud.uscourts.gov.

Here is a summary of the proposed amendments:

  1. All instance of the phrase, “Bankruptcy Division of the” shall be stricken from Bankruptcy Local Rules 1001-1 and 1002-1.
  2. Federal Rule 1006(b) requires the clerk to file the petition, “regardless of whether any part of the filing fee is paid,” so BKLR 1002-1(b)(3) will be amended to read: “A filing fee paid in full in accordance with FRBP 1006, or the filing of a completed and signed Form 103A.”
  3. Fed. R. Bankr. P. 5005(a)(1) states: “The clerk must not refuse to accept for filing any petition or other paper solely because it is not in the form required by these rules or by any local rule or practice,” so “without the fee required to be paid at the time of filing by 28 U.S.C. § 1930(a) or (b), in a manner acceptable to the clerk;” will be deleted from BKLR 5005-1(c)(2)(A) and  “not on the required form” will be deleted from BKLR 5005-1(c)(2)(E).