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Amendments to Federal Bankruptcy Rules of Procedure

Thursday, December 1, 2016

Amendments to the following Federal Rules of Bankruptcy Procedure are effective today:

  • Rule 1010 – Service of Involuntary Petition and Summons
  • Rule 1011 – Responsive Pleading or Motion in Involuntary Cases
  • Rule 1012 (New) – Responsive Pleading in Cross-Border Cases
  • Rule 2002 – Notices to Creditors, Equity Security Holders, Administrators in Foreign Proceedings, Persons against Whom Provisional Relief is Sought in Ancillary and Other Cross-Border Cases, United States, and United States Trustee
  • Rule 3002.1 – Notice Relating to Claims Secured by Security Interest in the Debtor’s Principal Residence
  • Rule 7008 – General Rules of Pleading
  • Rule 7012 – Defenses and Objections-When and How Presented-By Pleading or Motion-Motion for Judgment on the Pleadings
  • Rule 7016 – Pretrial Procedures
  • Rule 9006 – Computing and Extending Time; Time for Motion Papers
  • Rule 9027 – Removal
  • Rule 9033 – Proposed Findings of Fact and Conclusions of Law.

Click here to view House Document 114-130, which provides details of the amendments. The amendments will govern all proceedings commenced on or after December 1, 2016, and all proceedings then pending “insofar as just and practicable.”

In addition, the following amended Official Bankruptcy Forms are effective on December 1, 2016: Official Forms 20A and 20B (renumbered 420A and 420B), and Form 410S2. As approved by the Judicial Conference at its September 2016 session, the forms govern all proceedings in bankruptcy cases thereafter commenced and, insofar as just and practicable, all proceedings then pending. The amended forms are posted on the U.S. Courts website at: http://www.uscourts.gov/forms/bankruptcy-forms.