The Office of the U.S. Bankruptcy Court Clerk will be closed Thursday and Friday, January 1-2, 2015. Electronic Filing will be fully operational.
News & Announcements
The Office of the U.S. Bankruptcy Court Clerk will be closed Thursday and Friday, December 25-26, 2014. Electronic Filing will be fully operational.
The rules governing bankruptcy appeals, Rules 8001-8028, have been revised to bring the rules into closer alignment with the Federal Rules of Appellate Procedure; to incorporate a presumption favoring the electronic transmission, filing, and service of court documents; and to adopt a clearer style. The existing rules were reorganized and renumbered, some rules were combined, and provisions of other rules were moved to new locations. Much of the language was restyled. Rules 8001-8028, effective December 1, 2014, can be viewed by clicking here.
Several amendments to the Federal Rules of Bankruptcy Procedure took effect on December 1, 2014. Rule 1014, governing the procedure for determining where cases will proceed if petitions are filed in multiple districts, was amended to clarify and narrow the scope of the stay provisions. The former rule provided that all of the later-filed cases were stayed while the first court made a venue determination. The amended rule limits the stay to situations in which the first court finds that the rule in fact applies and that a stay is needed. Rule 7004(e) was amended to reduce the time period for serving the summons from 14 days to 7 days. The change was made in response to a concern that the longer period unduly limited the defendant's time to answer, which is calculated under Rule 7012 from the date the summons is issued and not (as is the case under the Civil Rules) the date it is served. Rules 7008(b) and 7054 were amended to clarify and to promote uniformity in the procedures for seeking an award of attorney's fees. Rule 7008(b) was deleted and Rule 7054 amended to include much of the substance of Civil Rule 54(d)(2). By bringing the Bankruptcy Rules into closer alignment with the Civil Rules, the amendments eliminated a potential trap for an attorney, particularly one familiar with the Civil Rules, who might overlook the requirement in Rule 7008(b) to plead a request for attorney's fees as a claim in the complaint, answer, or other pleading. Now, the procedure for seeking an award of attorney's fees will be governed exclusively by Rule 7054, unless the governing substantive law requires the fees to be proven at trial as an element of damages. Rules 9023 and 9024 were amended to include a cross-reference to new Rule 8008 which governs indicative rulings. Click here to view redlined copies of the rules.
The Chapter 13 Trustee for the Eastern District of Washington has announced he will accept payments through the TFS Bill Pay System. Click here for more information.
At its September 2014 session, the Judicial Conference approved amendments to the Bankruptcy Court Miscellaneous Fee Schedule. The Conference approved a fee increase of $50 (from $157 to $207) when a direct bankruptcy appeal is accepted by a court of appeals. The Conference also approved two amendments to the Bankruptcy Court Miscellaneous Fee Schedule that were developed in connection with a new national policy establishing filing and notice procedures for requests to redact personal identifiers from large volumes of court filings in multiple cases, including closed cases. The Conference established a $25 fee (Item 21) to file a motion to make redactions to previously filed records in a bankruptcy case. The fee is intended to be charged for each affected case, but courts may waive the fee under appropriate circumstances. The Conference also endorsed a new exception to the reopening fee for a closed bankruptcy case (Item 11) to clarify that the reopening fee does not apply if redaction is the only purpose for reopening the case. The Bankruptcy Court Miscellaneous Fee Schedule effective December 1, 2014, is available by clicking here.
Judge Frederick P. Corbit has been appointed to serve as Chief Bankruptcy Judge for the Eastern District of Washington, effective September 20, 2014.
On September 16, 2014, the Judicial Conference of the United States approved the following amendments to the Official Bankruptcy Forms, effective December 1, 2014:
Official Forms 3A (Application for individuals to Pay the Filing Fee in Installments) and 3B (Application to Have the Chapter 7 Filing Fee Waived) are revised to remove references to fee amounts.
Official Form B6Sum (Summary) is revised to update line number cross references to the revised means test forms (Official Forms 22A-1, 22A-1 Supp, 22A-2, 22B, 22C-1 and 22C-2).
Official Forms 17A (Notice of Appeal and Statement of Election), 17B (Optional Appellee Statement of Election to Proceed in District Court) and 17C (Certificate of Compliance with Rule 8015(a)(7)(B) and 8016(d)(2)) are new forms set to go into effect with the revised bankruptcy appellate rules.
Official Forms 22A-1 (Chapter 7 Statement of Your Monthly Income), 22A-1 Supp (Statement of Exemption from Presumption of Abuse Under §707(b)(2)), 22A-2 (Chapter 7 Statement of Your Current Monthly Income), 22B (Chapter 11 Statement of Your Current Monthly Income), 22C-1 (Chapter 13 Statement of Your Current Monthly Income and Calculation of Commitment Period) and 22C-2 (Chapter 13 Calculation of Your Disposable Income) are the revised means test forms. These forms are revised to accommodate changes in the law as a result of Supreme Court precedent and as part of the Bankruptcy Rules Advisory Committee’s ongoing Forms Modernization Project.
Click here for amended forms.