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Chambers' Bulletins
11/2008

Mon, 11/10/2008 - 4:00 am

The United States Bankruptcy Court posts these Local Rules for comment in anticipation of an effective date of December 1, 2008 and in conjunction with amendments to the Federal Rules of Bankruptcy Procedure. Comments should be submitted to scbc_lr_review@scb.uscourts.gov by no later than Thursday, November 20, 2008. The Judges and Clerk wish to thank the Local Rules Committee for their review and submissions made.



The final version of the Rules will contain explanatory notes appended to each Rule highlighting final changes made. While abrogations and re-numbering are indicated in the draft version of the Local Rules, the final version will not contain such references.



The primary change to the Local Rules removes the Interim Rules adopted by this Court in October 2005. The Interim Rules, as modified through the federal rulemaking process, will be superceded by the rule amendments and new rules that will take effect on December 1, 2008, with the exception of Interim Rule 5012 (Communication and Cooperation with Foreign Courts and Foreign Representatives (proposed Local Rule 5012-1). As previously noticed, further information on the pending amendments can be found on the Judiciary’s Federal Rulemaking site at http://www.uscourts.gov/rules. Other Local Rule changes include renumbering of Rules pursuant to Federal Rule of Bankruptcy Procedure 9029(a) and Judicial Conference prescribed numbering conventions, stylistic changes, and deletions of unnecessary or duplicative references. Substantive changes were made as well, including the addition of a new Form Plan, drafted with the assistance of the Chapter 13 Working Group, for use as provided in proposed Local Rule 3015-1. The Form Plan is recommended for use as soon as practicable following the effective date.


In order to assist the bar in its review, click here for a table of renumbered rules as well as a brief description of certain primary modifications to date. The prior version of the Rules will remain posted for a period following the effective date.


Thu, 11/06/2008 - 4:00 am

The Court will sponsor a paralegal seminar in the spring of 2009 to address these changes and other relevant topics. If there are particular questions or training needs prior to the seminar, please visit the Court's website for training information and help desk assistance.


Thu, 11/06/2008 - 4:00 am

Revisions to the Chapter 13 Plan and Local Rules are being finalized and will be published for comment by the Bar and general public in the near future. In an effort to synchronize the Local Rule changes with changes to the national Bankruptcy Rules effective December 1, 2008, the comment period will be limited. The Judges and Clerk request that any comments be made as soon as possible.


Tue, 11/04/2008 - 4:00 am

Thanks to Suzanne Campbell for volunteering for the October Ask-A-Lawyer program. The next Ask-A-Lawyer sessions are planned for November 20 and December 30. If you are able to volunteer for either session, please e-mail Jeff Davis at scbcaskalawyer@scb.uscourts.gov.


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