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Federal Rule and Official Form Amendments Effective December 1, 2022

The following amendments to the Federal Rules of Bankruptcy Procedure that were previously outlined in the October edition of The Disclosure Statement are now in effect:

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 3002           Filing Proof of Claim or Interest

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 Un-der 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

Rule 5005           Filing and Transmittal of Papers

Rule 7004           Process; Service of Summons, Complaint

Rule 8023           Voluntary Dismissal

 

In addition, three amended official bankruptcy forms became effective on December 1, 2022. As approved by the Judicial Conference, amendments to official bankruptcy forms govern all proceedings in bankruptcy cases thereafter commenced and, insofar as just and practicable, all proceedings then pending. The following forms are posted on the Bankruptcy Forms page of the Judiciary’s website:

 

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)

 

Amendments to the following additional Rules are also in effect as of December 1, 2022:

Federal Rules of Appellate Procedure

Rule 25      Filing and Service

Rule 42      Voluntary Dismissal

 

Federal Rules of Civil Procedure

Rule 7.1     Disclosure Statement

 

Supplemental Rules for Social Security Review Actions Under 42 U.S.C. § 405(g) including:

Rule 1        Review of Social Security Decisions Under 42 U.S.C. § 405(g)

Rule 2        Complaint

Rule 3        Service

Rule 4        Answer; Motions; Time

Rule 5        Presenting the Action for Decision

Rule 6        Plaintiff’s Brief

Rule 7        Commissioner’s Brief

Rule 8        Reply Brief

 

Federal Rules of Criminal Procedure

Rule 16      Discovery and Inspection

 

More information about the above Rule and form changes is available on the Current Rules of Practice & Procedure page of the U.S. Courts website at https://www.uscourts.gov/rules-policies/current-rules-practice-procedure.

 

Traci E. Abrams
Clerk of Court