Each year the judges make an effort to coordinate changes to the Local Rules with national rules changes, usually effective December 1. During some cycles the changes are extensive and in others, less so. We are always ablely assisted by the Local Rules Committee in this effort.
This year the Local Rules Committee met, reviewed the national rules changes, and found no Local Rules changes necessitated for December 1. The Committee did suggest one new rule and minor revisions or edits to the District wide chapter 13 plan form. The judges will meet and consider these matters and other suggestions for revision of the chapter 13 plan form (with an opportunity for public comment) in early January. Thus, there are no December 1 local rule changes this year.
The judges take this opportunity to thank the members of the Local Rules Committee for their exemplary service: Kathleen M. Muthig (chair), John Timothy Stack, Katherine L. Rea, Michael Kevin McCarrell, Russell A. DeMott, Michael H. Weaver, and Christine E. Brimm.
As a reminder, the following changes to the Federal Rules of Bankruptcy Procedure will take effect December 1, 2018:
1. Rule 3002.1(b) is amended to authorize courts to modify its requirements for claims arising from home equity lines of credit. Additionally, (b)(2) is amended to provide that a party in interest has a right to object to a payment change by filing a motion to determine whether the change is required to maintain payments under section 1322(b)(5) and states that if no motion is filed by the day prior to the date the new amount takes effect, the change automatically goes into effect.
2. Rule 5005 is amended to require parties represented by an attorney to file electronically and to allow pro se parties to file electronically under certain circumstances.
3. Rule 7004 is amended to update its reference to FRCP 4(d)(5).
4. Rule 7062 is amended to retain a 14-day period for the automatic stay of a judgment (FRCP 62 now provides for a 30-day stay).
5. Rules 8002 and 8011 are substantially revised, in large part to conform with amendments to the Federal Rules of Appellate Procedure.
6. Rule 8006(c) is amended to provide authority for the court to file a statement on the merits of a certification for direct review by the court of appeals, if the certification is made jointly by all of the parties to the appeal.
7. Rules 8007, 8010, 8021, and 9025 are amended to conform with amendments to FRCP 62.
8. Rules 8013, 8015, 8016, 8017, and 8022 are amended to conform with amendments to the Federal Rules of Appellate Procedure.
9. Rule 8018.1 was added to provide that if a district court determines that the bankruptcy court did not have authority to enter a final judgment, the district court can treat the order as proposed findings of fact and conclusions of law.