December 1, 2017 Rule Changes: New Bar Date for Claims Filed by Secured and Unsecured Creditors

Effective with cases filed on or after December 1, 2017, creditors will have only 70 days from the petition date within which to file proofs of claims (not 90 days from the 341 date). In addition, the bar date will apply to secured creditors as well as unsecured creditors. Read on for more information.

Get Ready for the New Rules and Forms Effective December 1, 2017: Training Available – UPDATED!

It’s time to learn about the new federal and local bankruptcy rules and forms that will be effective for cases filed on or after December 1, 2017. I’m offering free training for attorneys and staff in Ashland, Corbin, Covington, Pikeville, and Lexington. Continue reading for the schedule and to register for one of the sessions.

Plan Payments by Payroll Deduction

Plan payments in the EDKY must be made by payroll deduction unless otherwise ordered by the court or agreed to by the trustee. Many debtors’ attorneys are inadvertently causing their clients to get behind in plan payments because the attorneys and their staff don’t know the rules. Keep reading for important reminders regarding payroll deduction orders and plan payments.

Changes to Federal and Local Bankruptcy Rules and Forms

Significant changes in the Federal Rules of Bankruptcy Procedure become effective on December 1, 2017. For example:

Secured creditors will be required to file claims by the bar date.
The bar date for most claims (secured and unsecured) will be 70 days after the petition date.
The plan will need to be served like a complaint in an adversary proceeding if the plan values collateral or avoids liens.
The chapter 13 plan will change.
Read on, and learn about the July 15 deadline for commenting on the proposed local chapter 13 plan and other local rules and forms.

Deadlines for Filing Prepetition Tax Returns in Chapter 13 Cases

Frequently, debtors who seek bankruptcy relief under chapter 13 have not yet filed some of their tax returns with the IRS or state taxing authority. Section 1308 of the Bankruptcy Code gives chapter 13 debtors an opportunity to get those returns filed so they can deal with their tax debts in the chapter 13 case, but there are deadlines to be met and consequences for failure to comply. Until all tax returns for the previous four years are filed, the plan cannot be confirmed, and if the returns are not timely filed, the debtor’s case could be dismissed. [More]