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.
- 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.”
- 21 days’ notice of deadline for filing objections to confirmation;
- 28 days’ notice of date set for the confirmation hearing.
- 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.
- 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.
- 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.
- Adversary proceeding is not required to value secured claim under Rule 3012.
- 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.