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Released On:
Wednesday, December 01, 2010
United States Bankruptcy Court
Eastern District of Texas


AMENDMENTS TO THE FEDERAL RULES OF BANKRUPTCY PROCEDURE (EFFECTIVE 12/1/2010)

Bankruptcy Rules 1007, 1014, 1015, 1018, 1019, 4001, 4004, 5009, 7001, and 9001 have been amended, and new Rule 5012 has been added.  The major changes involve:

 

Rule 1007: shortens the time for a debtor to file a list of creditors after the entry of an order for relief in an involuntary case, and extends the time for individual Chapter 7 debtors to file a statement of completion of a course in personal financial management.

 

Rule 1019: with some exceptions, a new time period to object to a claim of exemption arises when a case is converted to Chapter 7 from Chapter 11, 12 or 13.

 

Rule 4004: a motion objecting to discharge under §727(a)(8), §727(a)(9), or §1328(f) [i.e. when the objection is based upon a debtor’s ineligibility for discharge because of the receipt of a prior discharge within the proscribed time period] will now be permitted and will be governed by Rule 9014.  Because this limited ground to object to discharge will no longer be made through the filing of an adversary complaint, there will be no fee associated with filing this particular motions.

 

Rules 1014-1015-1018-new rule 5012-9001:  all relate to Chapter 15 issues.

 

The rules link on our website has been updated to show you the text of the new rules.

 

Further, you should be aware that Official Forms 22A-22B-22C have all been slightly modified.  You should ensure that you are utilizing the amended form for all cases filed on or after December 1.



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