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Request for Public Comment - Proposed Local Rule Amendments

Fri, 11/04/2016 - 4:22pm

The Local Rules Committee has proposed changes to the Court's local rules. The Judges seek your comments on the proposals that follow:

(1) Repeal Local Rules 7008-1, 7012-1, 7016-1, and remove paragraphs (b) and (c) of Local Rule 9027-1 based on the December 1, 2016 amendments to the Federal Rules of Bankruptcy Procedure. These local rules were adopted in response to Stern v. Marshall and the new national rules (which are nearly identical to the current local rules) render them unnecessary;

(2) Revise Local Rules 3070-1(b)(2) [addition of a provision for chapter 13 cases dismissed before confirmation providing for a disbursement of funds to conduit mortgage creditors, a simplification of the attorney fee provision, a reordering of the subsections, and stylistic changes]; 5075-1(c) [add as (10) the delegation of service of the notice of hearing on motions for exemption from conduit mortgage payment requirements]; and 9036-1 [adding a requirement that debtors file an election requesting or declining participation in the DeBN program]; and

(3) Adopt new Local Rules 7012-1 and 7056-1 [requiring a specific notice by movants to unrepresented parties in connection with, respectively, motions to dismiss adversary proceedings and motions for summary judgment.]

Please provide any comments on or before November 18, 2016 to Absent further announcement, these rule changes and any revision prompted by the comments will be effective December 1, 2016. Revisions to Local Rule 3015-2 are under consideration and may be circulated for public comment in the new year. The Judges wish to thank the Local Rules Committee for their service to the Court.