The Judges would like the bar to be aware of the latest resource available in preparing for implementation of the new Bankruptcy Act. Proposed interim rules and forms have been posted by the Advisory Committee on Bankruptcy Rules at www.uscourts.gov/rules. The proposed forms include an amended petition, amended schedules, means test calculations, and various other notices, declarations, certifications, and statements. Helpful committee notes are also provided. It is the Court’s understanding that the forms are likely to become official, or final, in the near future. Further action may be needed before the approved interim rules are presented to the Courts for consideration of adoption. Many members of the bar have expressed concern over the uncertainty involved in how the Act will actually be implemented, and we hope this information will assist you in your preparation.

The Court has been provided with a presentation for chambers staff from the Federal Judicial Center on the new Bankruptcy Reform Act. Judge Waites has viewed the ninety-minute program and believes it would be a useful tool to introduce the bar and staff to the important changes in the new law. Fifty minutes focuses on consumer issues, with discussion topics such as means testing, debtor education, and credit counseling. The remaining portion addresses business issues such as small business provisions and individual chapter 11 filings. We have been informed that dissemination of the taped copy of the program is authorized, therefore, Judge Waites is providing the tape to BANKLA for distribution. If you are interested in viewing the tape, please contact Aimee Hiers at aimee@jee.com or 252-5646 (e-mail is preferred). If you need further information, you may contact Judge Waites’ law clerk, Tammi Hellwig, at 253-3751.

In a continuing effort to improve the usefulness of the Opinions Page, in conjunction with Chambers, Chris Matras and Frank Baker of the Systems Staff are working on a new search capability for the Opinions Page that would allow you to search the body of orders by term (much like Westlaw). Searching within the entire text of the order should enlarge search capabilities that are presently limited to the headnote summary posted on the Web Page. Once implemented it will replace the present headnote system to some degree, which will also eliminate some extra work for chambers.

My present Opinions Page includes over 400 opinions, many of which are originally drafted by chambers. I have been proud of this effort over the years to establish a body of precedent, some of which applies to volume, “routine” matters such as Chapter 13 practice, dischargeability actions and even 362 motions. All of my law clerks, past and present, have spent many extra hours to ensure well written and researched opinions which often reference the orders of the other judges in this district to the extent possible.

I have found in the last few years that many practitioners are better prepared and often cite the most recent, if not all, prior opinions in the district on the subject at issue. This assists me and ensures a more consistent and legally sound determination.

I hope you will continue to find the Opinions Page helpful to your practice.

On Tuesday, May 24, 2005, Judge Waites would like to invite interested members of the Bankruptcy Bar to the Court to discuss and receive comments on any topics of interest to the bar. The meeting will be held in the second floor conference room of the Bankruptcy Court at 12:00 noon. You should plan on bringing your own lunch and drink.

Space is limited so please RSVP by calling Cheryl at 253-3751 no later than Monday, May 23 rd at 2:00 p.m.