You are here

Local and National Rule Changes

Friday, December 5, 2014

The local rules, following a period for public comment, have been amended effective December 1, 2014. Thank you for the comments, which were considered by the court and were useful in clarifying several issues. The deadline to object to a supplemental fee application submitted after confirmation pursuant to Local Rule 2016-1(b)(2)(A)(ii) was amended from 20 to 21 days in order to conform with the 2009 Federal Bankruptcy Rules time computation rubric using multiples of 7 to set deadlines.  A clarifying comment regarding proposed orders was added to 4001-4. Substantial amendments were made to Local Rule 7067-1 to implement a national system for the deposit of certain registry funds, excluding unclaimed dividends under 11 U.S.C. § 347 and rental deposits for landlords under Local Rule 4001-5. Several clarifying amendments were made to Local Rule 9013-4. - A cross-reference to the Chambers Guidelines was added to paragraph (b)(1)(C). - Exhibits A and C were amended to reflect that the United States trustee can use the rule to file certain motions to dismiss. - Exhibit A was amended to remove reference to filing a motion for obtaining a limited exemption to pre-petition credit counseling pursuant to 11 U.S.C. § 109(h)(3). - After a comment from a member of the bar, Exhibit A was also amended to clarify that procedures in this rule do not apply to supplemental chapter 13 fee applications below the chambers guidelines threshold but continue to be governed by LR 2016-1(b). Finally, clarifying amendments were made to Local Rule 9037-1 and the attached exhibits to reflect that motions filed under that rule are considered motions to redact. Several national rules and forms changes are also effective December 1.  The deadline to serve a summons has been reduced from 14 to 7 days.  The applications to pay filing fees in installments and waive the chapter 7 filing fee, the means test forms, summary of schedules, and certain forms used on appeal have been amended.  A $25.00 fee has been added for filing a motion to redact a document.  This filing fee will be charged per motion, per case but can be waived under certain circumstances. Finally, the 8000 series of the Federal Rules of Bankruptcy Procedure that govern appeals have been completely rewritten. The judges hope to circulate clarification concerning the chapter 13 supplemental fee procedure and a revised form in the near future.