[CLBS] 1 Dec 2019 Rule updates
Paul Ross
paul at idbankruptcylaw.com
Fri Nov 22 12:07:54 MST 2019
A friendly reminder of the rule updates effective 1 December 2019.
There are four rule amendments to the Federal Rules of Bankruptcy Procedure.
• Rule 4001(c) has been amended to clarify that Rule 4001(c), governing the
obtaining of credit, does not apply in chapter 13 cases.
• Rule 6007 has been amended to specify who needs to be served with a
motion to abandon, to provide that the objection deadline is within 14 days
of service of the motion unless otherwise fixed by the court, and to
clarify that a court’s order granting the motion itself effects the
abandonment without need for further notice.
• Rule 9036 has been revised to confirm that both notice and service to a
registered electronic filing system user can be done by filing the pleading
with the court’s electronic filing system. This, however, does not apply to
service requirements under Rule 7004.
• Rule 9037 has been amended to add a subsection (h) setting forth
procedures for motions seeking to redact previously filed documents
otherwise protected under Rule 9037(a). Rule 9037(a) protections cover
Social Security numbers, birth dates, names of minors and financial account
numbers.
In addition, although not a Federal Rule of Bankruptcy Procedure change,
Rule 26.1(c) of the Federal Rules of Appellate Procedure has been revised
to require certain disclosures in bankruptcy case appeals. Each debtor,
including any debtors not named in the caption, must be identified. For
each debtor that is a corporation, the Federal Rule of Appellate Procedure
26.1(a) disclosures must be provided regardless of whether the corporate
debtor is named in the caption.
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Idaho Bankruptcy Law
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