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 These Interim Rules, however, were superceded by new and amended Federal Rules of Bankruptcy Procedure that take effect December 1, 2008.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.
For the text of these General Orders, please click here .