Amendments and news rules to the Federal Rules of Bankruptcy Procedure will take effect December 1. Some of the changes included in the amendments to the FRBP include:
- Rule 3002.1 has been amended to address procedures for handling payment changes in home equity lines of credit in consumer cases. - Rule 5005 has been amended to require electronic filing absent good cause and to make that a national rule. - Rule 7062 applies Federal Rule of Civil Procedure 62 to adversary proceedings but clarifies that the stay of proceedings to enforce a judgment is only for 14 days in an adversary proceeding and not the 30 days in a district court case. - Rule 8002 has been amended to clarify, among other items, time requirements for filing a notice of appeal. - Rule 8006 now allows the bankruptcy court to file a statement on the merits of direct certification to the court of appeals when the parties make a joint certification. - New Rule 8018.1 authorizes a district court to treat a bankruptcy court’s judgment as proposed findings of fact and conclusions of law if the district court determines that the bankruptcy court lacked constitutional authority to enter a final judgment.
For an overview of all amendments and new rules effective December 1, please click here.