Following a period of comment, Operating Order 08-07, implementing the Guidelines for the Filing of Documents, has been entered providing a January 1, 2009 effective date. Since the original December 8, 2008 posting, the Court received comments and made additional clarification points to the signatory and retention sections contained within the Guidelines. A revised CM/ECF registration form will be posted on the Court’s website for new CM/ECF Participants. Existing Participants are deemed to have consented to and accepted the provisions of the Guidelines; therefore, a new registration form is not required.
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Judges' Corner Archive
Effective December 19, 2008, 11 U.S.C. 707(b)(2)(D) is amended as a result of the National Guard and Reservists Debt Relief Act of 2008. The new law provides for a temporary exclusion from means testing in chapter 7 cases for certain qualifying debtors in cases filed on or after December 19, 2008. Technical amendments have been made to Official Form B22A and the Judicial Conference has recommended that the Court adopt a model interim bankruptcy rule to effectuate the changes in the Bankruptcy Code. Pursuant to Operating Order 08-06, the Court adopts Interim Bankruptcy Rule 1007-I. The new rule incorporates the interim rule recommended by the Judicial Conference and adds subdivision (n)(1). The new subdivision clarifies that a debtor seeking to claim the exclusion should docket that the exclusion applies and, if the debtor is released from active duty during the pendency of the case, the debtor should also docket the release from active duty. Participant’s Guides have been created for these two new docket events in CM/ECF.
The Court is pleased to post Operating Order 08-06, the Guidelines for the Filing of Documents, for public comment. The Guidelines have been revised for consistency, clarity, and brevity. Substantive modifications include removal of the requirement to submit the Declaration of Electronic Filing and incorporation of the representations, formerly made in the Declaration, into the Guidelines. The Guidelines also include provisions relating to Reduced Paper Module (see June 23, 2008 announcement); clarification of admission and pro hac vice requirements; revision of notice and service provisions; and new sections on signatory and retention requirements. Please provide comments to firstname.lastname@example.org by no later than Monday, December 22, 2008. The anticipated effective date of the new Guidelines is January 1, 2009.
Thanks to Michael Cox and Eddie McDonnell for volunteering for the November Ask-A-Lawyer program. The next Ask-A-Lawyer sessions are planned for December 30 and January 29. If you are able to volunteer for the December session, please e-mail Jeff Davis at email@example.com.
As indicated in the December 1, 2008 What's New announcement regarding the Local Rules , in order to allow the bar some time to change software or other office procedures, the new Chapter 13 form plan and procedure should be implemented in cases filed on January 1, 2009 and thereafter. A new confirmation order shall be issued by the Court in those cases. The Chapter 13 Trustees have expressed a concern that use of the new plan prior to that time may lead to confusion in case administration. Therefore, in the event the new plan and procedure is used in cases prior to that date, it is the proponent's responsibility to advise the Court that the new confirmation order should be issued.
The bar should also be advised that the changes to SC LBR 4001-1, including the change in time for objections from 10 days to 14 days, was immediately effective. Parties filing Motions to Modify the Stay should use the new forms shown as Exhibits A and B to that Rule.
The United States Bankruptcy Court is pleased to implement these Local Rules effective December 1, 2008, in conjunction with amendments to the Federal Rules of Bankruptcy Procedure. With input from the Court’s Advisory Committee, the Chapter 13 Working Group, many members of the bar, and Chambers’ and Clerk’s Office staff, the current version of the Local Rules represents an improvement over the former rules in stylistic consistency, clarity, and brevity. Click here for detailed information concerning the amendments.