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Amendments to Certain Federal Bankruptcy Rules and Official Forms Effective December 1, 2022

Release Date: 
November 30, 2022

Several rules of the Federal Rules of Bankruptcy Procedure are scheduled to be amended on December 1, 2022.  Most of the rule amendments are related to the Small Business Reorganization Act of 2019, which created subchapter V of chapter 11 for the reorganization of small business debtors (the “SBRA Rule Amendments”).  Previously, the SBRA Rule Amendments were adopted locally on an interim basis pursuant to General Order M-535, dated January 16, 2020, pending the three-year formal enactment process under the Rules Enabling Act, 28 U.S.C. §§ 2071-77.  Specifically, the following Federal Bankruptcy Rules will be amended:

SBRA Rule Amendments

  • Rule 1007. Lists, Schedules, Statements, and Other Documents; Time Limits
  • Rule 1020. Chapter 11 Reorganization Case for Small Business Debtors
  • Rule 2009. Trustees for Estates When Joint Administration Ordered
  • Rule 2012. Substitution of Trustee or Successor Trustee; Accounting
  • Rule 2015. Duty to Keep Records, Make Reports, and Give Notice of Case or Change of Status
  • Rule 3010. Small Dividends and Payments in Cases Under Chapter 7, Subchapter V of Chapter 11, Chapter 12, and Chapter 13
  • Rule 3011. Unclaimed Funds in Cases Under Chapter 7, Subchapter V of Chapter 11, Chapter 12, and Chapter 13
  • Rule 3014. Election Under § 1111(b) by Secured Creditor in Chapter 9 Municipality or Chapter 11 Reorganization Case
  • Rule 3016. Filing of Plan and Disclosure Statement in a Chapter 9 Municipality or Chapter 11 Reorganization Case
  • Rule 3017.1. Court Consideration of Disclosure Statement in a Small Business Case or in a Case Under Subchapter V of Chapter 11
  • Rule 3017.2 (new).  Fixing of Dates by the Court in Subchapter V Cases in Which There is No Disclosure Statement
  • Rule 3018. Acceptance or Rejection of Plan in a Chapter 9 Municipality or a Chapter 11 Reorganization Case
  • Rule 3019. Modification of Accepted Plan in a Chapter 9 Municipality or a Chapter 11 Reorganization Case

 

Other Rule Amendments

  • Rule 3002. Filing Proof of Claim or Interest
  • Rule 5005. Filing and Transmittal of Papers
  • Rule 7004. Process; Service of Summons, Complaint
  • Rule 8023. Voluntary Dismissal

 

Detailed information regarding the Federal Bankruptcy Rule amendments is available at https://www.uscourts.gov/rules-policies/current-rules-practice-procedure

 

In addition to the rule amendments, the following Official Forms are scheduled to be amended December 1, 2022:

 

  • Official Form 101. Voluntary Petition for Individuals Filing for Bankruptcy
  • Official Form 309E1. Notice of Chapter 11 Bankruptcy Case for Individuals or Joint Debtors
  • Official Form 309E2. Notice of Chapter 11 Bankruptcy Case for Individuals or Joint Debtors Under Subchapter V

 

Detailed information regarding the Official Form amendments is available at https://www.uscourts.gov/rules-policies/pending-rules-and-forms-amendments/pending-and-recent-changes-bankruptcy-forms