Among the time-computation amendments to the Federal Rules of Bankruptcy Procedure that will take effect on December 1, 2009, are changes to 12 rules that will result in a reduction by one day (from 15 to 14 days) of the time to take action. The affected rules are Bankruptcy Rules 1007, 1019, 1020, 2015, 2015.1, 2016, 3015, 4001, 4002, 6004, 6007, and 8009. Please take note of these changes and particularly of the new 14-day deadline for filing schedules, statements, and other documents under Rule 1007(c); for filing a chapter 13 plan under Rule 3015(b); and for filing appellate briefs under Rule 8009(a). The Court will also post the updated version of the Local Rules on December 1, 2009.
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Judges' Corner Archive
The Judges of the Bankruptcy Court wish to recognize and thank Pamela Beasley for her presentation on November 14, 2009 to approximately 300 students at the U.S.C Spartanburg campus as part of the Court's C.A.R.E. (credit abuse education) program. The students gathered as part of the G.L.A.D. (Greeks Learning to Avoid Debt) program, a national initiative sponsored by the Kappa Alpha Psi Fraternity.
Attorneys and other professionals wishing to volunteer for similar presentations should contact Lisa Dunbar at email@example.com or 803-765-5159.
Effective immediately, proposed joint statements of dispute, proposed joint pretrial orders, and proposed orders due from court are to be filed directly on CM/ECF. Currently these documents are noted on the Chambers Guidelines to be filed by e-mail to chambers. Filers should use the events specifically designated for these filings, as indicated by their title, and the applicable Judges' signature line should not be included on the documents. The Chambers Guidelines have been updated to reflect this information.
The United States Trustee and The United States Attorney have advised the Court of a criminal prosecution which may be of interest to the bar. A Georgia woman was sentenced in federal court to fifteen months in prison for making false statements in a bankruptcy petition. The debtor failed to disclose previous bankruptcy cases and that she was the subject of an order barring her from filing further cases. The United States Attorney continues to investigate and prosecute other cases of alleged bankruptcy fraud. A copy of the press release is attached.
Pursuant to Operating Order 09-05, in order to assist in the balancing of the workload of the Judges of the Court, certain chapter 11 cases filed on or after November 15, 2009 should not be automatically assigned by filing counsel using the Judge/Trustee feature in CM/ECF.
The United States Bankruptcy Court posts these Local Rules for comment in anticipation of an effective date of December 1, 2009 and in conjunction with time computation amendments to the Federal Rules of Bankruptcy Procedure. In addition to time computation amendments, Rule 4008-1 has been amended to remove the local reaffirmation agreement form and make reference to the Director's Form, which should be submitted in conjuction with the new reaffirmation agreement cover sheet. Notes are appended to each revised rule. Comments should be submitted to firstname.lastname@example.org by no later than Friday, November 20, 2009. The Judges and Clerk wish to thank the Local Rules Committee for their review and comments to these rules.