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Rule Changes

Tue, 11/23/2010 - 4:00am

The Federal Rules of Bankruptcy Procedure will be amended on December 1, 2010. The amendments allow for a motion objecting to discharge, rather than an adversary proceeding, under certain circumstances; contain additional procedures for chapter 15 cases; extend the time for a debtor to complete financial management in a chapter 7 case; and shorten the time for a debtor to file a list of creditors after the order for relief in an involuntary case. A time computation change, inadvertantly omitted from Rule 4004 during the previous rule amendments, was also made. Technical and conforming amendments have also been made to the 341 Notice and the Means Testing forms. Further information about the national changes can be found on the Judiciary's website.

As a result of national changes, conforming time computation amendments have been made to Interim Rule 1007-I and Exhibit A to Local Rules 4001-4 and 9013-4. Exhibit A to Local Rule 9013-4 was also amended to allow a trustee to file a motion to retain assets. Finally, Local Rule 9070-1 is amended to reflect the process of pre-marking exhibits, which was announced to the bar on December 1, 2009. Notes are appended to each revised rule. These rule amendments are posted for comment. Comments should be submitted to by no later than November 30, 2010. The Judges and Clerk wish to thank the Local Rules Committee for their review and comments to these rules.