Order Amending Time Deadlines in Local Rules and General Orders.
On March 26,2009, the Supreme Court approved changes to Federal Rule of Bankruptcy
Procedure 9006 as well as changes to similar appellate, civil, and criminal rules, which address the manner by which time is calculated in the federal courts. On May 7,2009, the Statutory Time Period Technical Amendments Act of 2009 was enacted (Pub. L. No. 111-016). The law adjusts the time periods in twenty-eight statutes, including nine sections of the Bankruptcy Code, which are impacted by the upcoming federal rule changes. Both the statutory and rule changes will take effect on the same date, December 1, 2009.
Under the current federal rules, intermediate weekends and holidays are excluded when calculating time periods fewer than eight days. The amended rules count intermediate weekends and holidays for all time periods. In addition, deadlines of fewer than thirty days will be amended to substitute a deadline that is a multiple of seven days so that the expiration of the deadline ordinarily will occur on a weekday.
In connection with the upcoming federal rule changes, this Court has reviewed Local
Bankruptcy Rules as well as all General Orders that are in effect as of the date of this Order. As a result,
IT IS HEREBY ORDERED that, effective December 1,2009, Local Bankruptcy Rules
and General Orders will be amended to be consistent with the federal rules changes, and all time periods of fewer than thirty days will be amended to substitute a deadline that is a multiple of seven days. Specifically, the time periods set forth in the following Local Rules and General Orders will be amended as follows:
Local Bankruptcy Rule 1007-1, Filing of Lists, Schedules and Statements, Dismissal of Case: time period of fifteen days is amended to fourteen days.
General Order 2007-8, Order Directing Clerk to Send Notice Required Under 11 U.S.C. § 727(a)(12), 1228(f), and 1328(h): time period often days is amended to fourteen days.
General Order 2007-7, Order Extending Time to File Notice of Intent to Request Redaction and Statement of Redaction: time periods of five days and ten days are amended to seven days and fourteen days, respectively.
(Form Associated with) General Order 2007-5, Notice of Time to Object to a Finding of Debtor's Compliance with the Requirements of 11 U.S.C. § 52 1(i): time period of twenty days is amended to twenty-one days.
General Order 2007- 4 (and Associated Forms), Amendment of ECF Local Rule 7 and Debtor's Declaration Regarding Electronic Filing: time period of fifteen days is amended to fourteen days.
(Notice Associated with) General Order 2005-1 , Appropriate Use of Negative Notice: time periods of ten and twenty days are amended to fourteen and twenty-one days, respectively.
Dated this 20th day of November, 2009.
Lamar W. Davis, Jr.
Chief United States Bankruptcy Judge
John S. Dalis
United States Bankruptcy Judge
Susan D. Barrett
United States Bankruptcy Judge
