NOTE CONCERNING GENERAL ORDERS

     On October 17, 2005, new Bankruptcy Local Rules for the Northern District of Georgia become effective.  Many of the topics found in previous General Orders are addressed by the Bankruptcy Local Rules, such that previous Orders 3, 5, 7, 8, and 10 were not necessary after October 17, 2005.  For cases filed prior to October 17, 2005, General Order No. 11 remains in effect.  For cases filed on and after October 17, 2005, until further order, General Orders were entered concerning the following topics: adoption of the Interim Bankruptcy Rules; dismissal of Chapter 7 cases when debtor has failed to attend the § 341 creditors’ meeting and any continuance; the payment of filing fees in installments by individual Chapter 7, 11, and 13 debtors; and compensation of attorneys’ fees in Chapter 13 cases.
    
    In October of 2005, this Court adopted the Interim Bankruptcy Rules, as proposed by the Advisory Committee on Bankruptcy Rules, as General Order No. 1-2005.  The dismissal of Chapter 7 cases when debtor has failed to attend the § 341 creditors’ meeting and any continuance (previously Administrative Order No. 2) is General Order No. 2-2005.  
    
    The subject of attorneys’ fees in Chapter 13 cases (previously General Order No. 9) was revised in October of 2005 to correspond with the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”) and the new Chapter 13 plan form, and this topic was addressed by General Order No. 3-2005.  On September 26, 2006, the Court entered General Order No. 6-2006 on the subject of attorneys’ fees in Chapter 13 cases, and this Order is effective for all Chapter 13 cases filed on or after October 1, 2006.
    
    The subject of the payment of filing fees in installments (previously General Order No. 11) was revised to correspond with BAPCPA and is addressed by General Order No. 4-2005.  
    
    On June 8, 2006, the Court entered General Order No. 5-2006 regarding case dismissal pursuant to 11 U.S.C. § 521(i).

    On October 4, 2006, the Court entered General Order 7-2006, adopting Interim Bankruptcy Rule as amended, to be effective October 17, 2006.

    General Order No. 9-2008, entered by the Court on October 7, 2008, vacates General Orders No. 1-2005 and No. 7-2006. In General Orders No. 1-2005 and No. 7-2006 the Court adopted Interim Bankruptcy Rules that implemented the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. These Interim Rules, however, were superceded by new and amended Federal Rules of Bankruptcy Procedure that take effect December 1, 2008.

    General Order No. 10-2008, entered by the Court on December 15, 2008, adopts Interim Bankruptcy Rule 1007-I, concerning temporary exclusion from Means Testing for certain members of the National Guard and certain reserve components of the Armed Forces. General Order 10-2008 will apply to cases commenced in the 3-year period beginning Dec 19, 2008.

    General Order No. 11-2009, entered by the Court on December 1, 2009, amends Interim Rule 1007-I to reflect the time computation changes in Bankruptcy Rule 1007 as part of a comprehensive package of changes to time period computation in the Federal Rules of Bankruptcy Procedure, Bankruptcy related statutes and Bankruptcy Forms approved by the Judicial Conference of the Unites States on September 16, 2008.

    General Order No.12-2010 (which was entered by the Court on November 24, 2010 with an effective date of December 1, 2010) adopts Interim Bankruptcy Rule 1007-I as amended on December 1,2010 and vacates General Order No. 11-2009.

    General Order No.13-2011, entered on Dec 21, 2011, extends to an additional four years the temporary exclusion from the means-test requirements provided under amended Interim Bankruptcy Rule 1007-I as adopted by this Court in General Order 12-2010.

    General Order No. 14-2012, entered November 28, 2012, adopts Interim Bankruptcy Rule 1007-I, as amended on December 1, 2012. The amended rule specifically eliminates the time limit for filing the list of creditors in an involuntary bankruptcy case. This deletion conforms the deadlines in Rule 1007(c) and Rule 1007(a)(2), the latter having been amended December 1, 2010.

    General Order No. 15-2013, entered January 17th, 2013, adopts the Court Registry Investment System (“CRIS”) administered by the administrative Office of the United States Courts under 28 U.S.C. § 2045, as the authorized investment mechanism. Parties not wishing to transfer certain existing registry deposits into the CRIS may seek leave to transfer them to the litigants or their designees on proper motion and approval of the judge assigned to the specific case.

    General Order No. 16-2013, entered February 12th, 2013, alters the requirements for the payment of filing fees in installments to commence a bankruptcy case. This order, which replaces General Order 4-2005, is applicable to cases filed on or after February 19, 2013. General Order No. 4-2005 continues to be applicable to cases filed from October 17, 2005 through and including February 18, 2013.

    

     For the text of these General Orders, please click here .