Amendments to the Federal Rules of Bankruptcy Procedure Take Effect December 1

November 30, 2018

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

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