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Proposed Amendments to Bankruptcy Federal Rules Delivered to Congress by Supreme Court

CLLA Staff, Staff | May 03, 2013

On April 19, the U.S. Supreme Court announced that proposed amendments to the federal rules of appellate, bankruptcy, civil and criminal procedure, along with the Federal Rules of Evidence, had been delivered to Congress.

Relevant changes to the Rules of Bankruptcy Procedure include:

  • Rules 1007 and 5009 -- Changes intended to relieve an individual debtor of the obligation to file a statement of completion of a personal financial management course with the court, if the provider of the course provides the notification.
  • Rule 4004 -- Clarifying a court's obligation to grant a discharge, updating the rule to address changes to Rule 1007 and addressing the court's obligation when a presumption of undue hardship "is in effect."
  • Rules 9006, 9013, and 9014 -- Addressing time limits for the service of written motions and responses, with Rule 9006 being expanded from the timing of serving opposing affidavits to address the timing of the service of any written response to a motion. The other two rules are amended to cross-reference the time limits of Rule 9006.

 

 


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