Notice Concerning Changes to Bankruptcy Rules and Official Bankruptcy Forms

Monday, December 1, 2014

PUBLIC NOTICE

Notice Concerning Changes to Bankruptcy Rules and Official Bankruptcy Forms

Effective December 1, 2014

As announced by the Administrative Office of the United States Courts, the Judicial Conference of the United States has approved amendments to the Federal Rules of Bankruptcy Procedure and Official Bankruptcy Forms.  These amendments take effect on December 1, 2014

Please see the below link for the amended rules:
http://www.uscourts.gov/uscourts/RulesAndPolicies/rules/congressional-package-for-congress.pdf

Please see the below link for amended forms:
http://www.uscourts.gov/FormsAndFees/Forms/BankruptcyForms/BankruptcyFormsPendingChanges.aspx

A few of the changes are highlighted in this Public Notice: 

A.  Amendments to Bankruptcy Rules, effective December 1, 2014

Rule 1014(b) addresses the procedure when petitions involving the same or related debtors are filed in different courts.  The rule is amended to provide that proceedings in subsequently filed cases are stayed upon order of the Court in which the first-filed petition is pending.

Rule 7004(e) reduces the period of time for service of the summons and complaint from 14 to 7 days.

Rules Governing Appeals – Rules 8001-8028 are amended to (1) bring the bankruptcy appellate rules into closer alignment with the Federal Rules of Appellate Procedure; (2) incorporate a presumption of favoring electronic transmission, filing and service of court documents; and (3) adopt a cleaner and simpler style.
A few specific changes include:

     Rule 8003 requires the clerk to serve the notice of appeal rather than providing notice of the filing of the notice of appeal.  The notice of electronic filing (NEF) is sufficient for all parties except pro se litigants.

     Rule 8003(d)(1) requires the clerk to transmit the notice of appeal promptly to the district court or BAP.  This is a change from the former procedure in which the transmission was made upon completion of the record.

     Rule 8009 addresses, among other things, transcripts and allows an appellant to file a statement in lieu of transcript when a transcript is unavailable; permits parties to file an agreed statement as to the record on appeal in lieu of the record on appeal.

B.  Amendments to Bankruptcy Forms, effective December 1, 2014

Official Form 17 is replaced by three forms:
      17A    Notice of Appeal and Statement of Election
      17B    (Optional) Appellee Statement of Election
      17C    Certificate of Compliance    
        
Official Form 22A is replaced by two forms:
      22A-1    All chapter 7 debtors must complete this form.
      22A-2    Only for chapter 7 debtors whose monthly income is above the applicate state median income and who believe they are exempted from the presumption of abuse.

Official Form 22B is amended but not renumbered.
    
Official Form 22C is replaced by two forms:    
      22C-1   All chapter 13 debtors must complete this form.
      22C-2   Only for chapter 13 debtors whose monthly income is above the applicable state median income.