Tuesday, November 26, 2024
The following changes will become effective on December 1, 2024:
Amendments to the Federal Rules of Bankruptcy Procedure
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Bankruptcy Restyled Rules Parts I through IX
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Bankruptcy Rule 1007*
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Bankruptcy Rule 4004
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Bankruptcy Rule 5009
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Bankruptcy Rule 7001
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Bankruptcy Rule 9006
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Proposed New Bankruptcy Rule 8023.1
*FRBP 1007(b)(7) is amended for substantive change in two ways. First, language is added to make the rule inapplicable to debtors who are not required to complete an instructional course concerning personal financial management as a condition to discharge. Second, the rule is amended to require an individual debtor who has completed an instructional course concerning personal financial management to file the certificate of course completion (often called a Certificate of Debtor Education) issued by the approved provider of that course in lieu of filing an Official Form, if the provider has not already filed the certificate of course completion with the Court.
These rules changes, as well as the changes to Appellate Rules 32, 35, 40, and Appendix on Length Limits, Civil Rule 12, and Evidence Rules 613, 801, 804, 1006, and new Rule 107, can be viewed on the Pending Rules and Forms Amendments page of the United States Courts website. The Congressional Package dated April 2024 contains black-line versions of the Rules and Committee Notes for a quick reference of the changes.
Changes to the Official and Director's Forms
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Official Form 410 Proof of Claim
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Director's Form 1040 Adversary Proceeding Cover Sheet
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Director's Form 2000 Required Lists, Schedules, Statements, and Fees
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Director's Form 2630 Bill of Costs
Abrogation of Official Form 423 (Certification About a Financial Management Course)
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Official Form 423 (Certification About a Financial Management Course) has been abrogated and is no longer required as proof of completion of a personal financial management course.
Changes to the Official and Director's forms may be viewed at https://www.uscourts.gov/rules-policies/pending-rules-and-forms-amendments/pending-and-recent-changes-bankruptcy-forms.
Changes to Local Forms
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Debtor's Certification of Eligibility for Discharge (Chapter 11, non-Subchapter V)
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Debtor's Certification of Plan Completion and Request for Discharge (Chapter 13)
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Motion for Hardship Discharge Under 11 U.S.C. Section 1328(b) and Debtor's Certification of Compliance with 11 U.S.C. Section 1328
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Chapter 13 Trustee's Notice of Completion of Plan Payments
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Chapter 13 Trustee's Notice of Completion of Plan Payments and Notice of Final Cure Payment