New and Amended Official Forms and Procedural Forms Effective 12/01/2009
New and Amended Official Forms
The new form was approved by the Judicial Conference in September 2008 with an effective date of December 1, 2009.
The form, as amended to incorporate in Statement 3 of Exhibit D the new seven-day window for the exigent circumstances exception to the pre-filing credit counseling requirement, was approved by the Judicial Conference in September 2009 with an effective date of December 1, 2009. See 11 U.S.C. § 109(h)(3)(A)(ii), as amended by Pub. L. 111-16, also effective on December 1, 2009.
Statement 2 of the December 1, 2009, revised version of the form reflects the change, effective December 1, 2009, of the deadline to file a copy of a certificate and debt repayment plan (if any) from the credit counseling agency from 15 days to 14 days. See Fed. R. Bankr. 1007(c), as amended effective December 1, 2009.
Form 23 was amended by the Judicial Conference in September 2009 in anticipation of a pending change to Fed. R. Bankr. P. 1007(c) to extend the deadline for filing the form in a chapter 7 case. The deadline remains 45 days until December 1, 2010, when the amendment to Rule 1007(c) extending the period to 60 days is scheduled to take effect. The revised form will be posted several months prior to December 1, 2010.
Revision of Interim Rule 1007-I
Interim Rule 1007-I will be revised effective December 1, 2009, to conform to the pending amendments to Federal Rule of Bankruptcy Procedure 1007 that will take effect on the same day, unless Congress acts to the contrary. The Interim Rule includes time deadlines contained in Bankruptcy Rule 1007, which will be revised as part of a comprehensive package of changes to time periods in all the federal rules of practice and procedure. The courts which have adopted Interim Rule 1007-I have been asked to revise the time deadlines in that local rule or standing order, consistent with the changed time deadlines in Bankruptcy Rule 1007. The three time deadlines in subdivision (c) of Rule 1007, which is included in the Interim Rule, all become 14-day periods.
Interim Rule 1007-I (clean) | Interim Rule 1007-I (redline)
New and Amended Director’s Procedural Forms
The Administrative Office has issued the following amended Director’s Procedural Forms for use in bankruptcy cases and proceedings. The forms were amended to incorporate the pending time-computation amendments to the Federal Rules of Bankruptcy Procedure. As described below, the Certificate of Service on Form B250E also was amended. In addition, the cross-reference to Form B201A/B on Form B200 was revised.
The amended forms are scheduled to go into effect on December 1, 2009.
Revised Notice to Consumer Debtor(s) under Section 342(b) of the Bankruptcy Code
The Administrative Office has revised Director’s Procedural Form B201, Notice to Consumer Debtor(s) under Section 342(b) of the Bankruptcy Code, to include warnings about the December 1, 2009, amendments to the Bankruptcy Rules which change a number of filing deadlines.
In addition, Form B201 has been divided into two parts, Form B201A, which is used to give the § 342(b) notice, and Form B201B, which includes a caption for filing and certifications that the notice has been given. Form B201B is needed only if the certification is not made on Official Form B1, the Voluntary Petition. A certification by the debtor’s attorney is included in Exhibit B on page 2 of Form B1 and certifications by the debtor and a bankruptcy petition preparer are part of the Declarations on page 3.
Revised Bankruptcy Summons
The Administrative Office has issued the following amended Director’s Procedural Forms for use as bankruptcy summons. The forms were amended to conform the Certificates of Service on the forms more closely to the service of process provisions of Fed. R. Bankr. P. 7004. The certification regarding age and non-party status was limited to instances in which service of the summons is accomplished by one of the methods permitted under Federal Rule of Civil Procedure 4. As described above, Form B250E also was revised to conform to the pending time-computation amendments. The amended forms have an effective date of December 1, 2009.
New Director's Forms
The Administrative Office has issued three new Director’s Procedural Forms. The new forms have an effective date of December 1, 2009.
Form B250F, Summons in a Chapter 15 Case Seeking Recognition of a Foreign Nonmain Proceeding, was issued for use pursuant to Fed. R. Bankr. P. 1010(a). The rule requires that a summons and the petition in a foreign nonmain proceeding be served on the debtor, any entity against whom provisional relief is sought under § 1519 of the Bankruptcy Code, and any other party as the court may direct.
Form 18RI, Discharge of Individual Debtor in a Chapter 11 Case, was issued as a result of the 2005 amendment to § 1141(d)(5) of the Bankruptcy Code which provides that most individual debtors in chapter 11 cases are not issued a discharge until the payments under the plan have been completed.
B261C, Judgment in an Adversary Proceeding, was issued for use pursuant to proposed new Fed. R. Bankr. P. 7058, which requires that every judgment in an adversary proceeding be set forth on a separate document.