Changes to Bankruptcy Rules (Effective 12/1/07)
By Brett Weiss, Maryland Bankruptcy Attorney on Dec 15, 2007 in Bankruptcy Practice and Procedure, Chapter 11 Bankruptcy, Chapter 12 Bankruptcy, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Lawyer to Lawyer, Maryland
The Federal Rules of Bankruptcy Procedure have changed. effective December 1, 2007. I recently received an excellent summary of the changes from the Clerk’s Office, which I’ve used as the basis for this blog.
Rule 1014. Now states explicitly that the Court can order a change of venue on its own motion.
Rule 3007. Prohibits a party from including in an objection to a Proof of Claim a request for relief that should instead be brought through an adversary procedure. It also allows an omnibus objection to up to 100 claims in a single motion. This is limited as to the nature of the objection, formatting, etc.
Rule 4001. Increases the notice requirements for motions to approve agreed modifications to the automatic stay, cash collateral motions, motions to borrow and other agreed orders.
Rule 6003. This new rule limits the granting of first day orders (those to be granted within the first 20 days after the case is filed), such as motions to employ; motions to use or sell property; and motions to assume/reject executory contracts. There is an exception where relief is necessary to avoid immediate and irreparable harm.
Rule 6006. Authorizes omnibus motions to reject, assume or assign executory contracts. Motions nw must contain specific information intended to to ensure due process.
Rule 7007.1. Parties must file the corporate ownership statement with the first “paper” filed in a case, rather than the first “pleading”.
Rule 9037. This new rule deals with privacy rights. The filer of documents must include only the last four digits of social security numbers, only the year of birth (rather than the full birthdate), only the initials of minors, and only the last four digits of account numbers. The rule requires a motion and order to redact or seal previously filed documents containing this information.
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