Summary of Changes to Federal and Local Rules and Forms Eff. Dec. 1, 2017

Here is a brief summary of the changes to federal and EDKY local rules and forms that become effective starting in cases filed Friday, December 1. 

Effective Date

  • Amended rules take effect on December 1, 2017, “and shall govern in all proceedings in bankruptcy cases thereafter commenced and, insofar as just and practicable, all proceedings then pending.”

Rule 2002

  • 21 days’ notice of deadline for filing objections to confirmation;
  • 28 days’ notice of date set for the confirmation hearing.

Rule 3002

  • Bar date for creditors other than governmental units: 70 days from the date of the petition (or date of conversion to 13).
  • Bar date applies to secured creditors.
  • If secured creditor does not timely file a claim,
    • it will not have an allowed claim, but
    • lien is not void due only to its failure to file a claim.

Rule 3007

  • Requires service of a Notice of Objection to Claim substantially conforming to Official Form 420B along with the objection.
  • Mail claim objection to the person and address listed on the proof of claim in the section labeled “Where should notices to the creditor be sent?”
  • Also, serve objection to a claim of an insured depository institution, or an objection to a claim of the United States or of an officer or agency of the United States, as if serving a summons and complaint under Rule 7004.

Rule 3012

  • Request to value a secured claim may be made by motion, in a claim objection, or in a chapter 13 plan, unless the creditor is a governmental unit.
  • Request to determine the amount of a secured claim of a governmental unit may be made only by motion after the bar date or in a claim objection.
  • Request to determine the amount of a claim entitled to priority may be made only by motion after a claim is filed or in a claim objection.
  • Plan must be served on creditor whose claim is being valued as if serving summons and complaint under Rule 7004.

Rule 3015; Rule 3015.1; Local Rule 3015-3

  • In the EDKY, use new Local Form 3015-1(a), the chapter 13 plan.
  • Nonstandard provision in plan is effective only if it is included in section for nonstandard provisions and box on first page of plan is checked; debtor’s attorney’s signature is a certification that there are no other nonstandard provisions in the plan.
  • Deadline for filing objections to confirmation:  7 days before first confirmation hearing date.
  • If claim is valued in plan, confirmation makes valuation binding.
  • Confirmation also terminates automatic stay and codebtor stay as to collateral surrendered in plan.

Local Rule 3015-4

  • Debtor must file and serve an order for adequate protection with the plan using Local Form 3015-4(b).

Local Rule 4001-3

  • Debtor must use Local Form 4001-3-1 and 4001-3-2 for a motion and order to obtain credit to purchase a vehicle.

Rule 4003; Local Rule 4003-2; Local Forms

  • Avoid a lien under § 522(f) in plan or by motion.
  • Serve motion or plan as if serving summons and complaint under Rule 7004.
  • If request is by motion, Local Rule 4003-2 requires motion to contain certain information.
  • Use Local Form 4003-2(a) for order avoiding judicial lien under 522(f); order is recordable.
  • Use Local Form 4003-2(c) for order compelling release of judicial lien in cases where debtor owned no property at time of petition; order is recordable.

Rule 5009; Local Rule 5009-1

  • Debtor may request order declaring that a secured claim has been satisfied under confirmed plan.
  • Serve motion as if serving summons and complaint under Rule 7004.
  • In EDKY, use Local Form 5009-1 for order; order is recordable as a lien release.

Rule 7001

  • Adversary proceeding is not required to value secured claim under Rule 3012.

Rule 9009

  • Official Forms must be used without alteration, except as provided in the rules, in a particular Official Form, or in the form’s instructions.
  • Only minor changes not affecting wording or the order of presenting information are permitted.
  • A question or section of an Official Form can be deleted if a box marked “none” is checked indicating there is nothing to report in that question or category.

 

 

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