Tuesday, November 30, 2021
As noted on page 6 of the November Bankruptcy Advisor Newsletter, amendments to the following Federal Rules of Bankruptcy Procedure and Official Form 122B will become effective December 1, 2021:
- Rule 2005 – Amended to update an outdated statutory reference and adds that a court should consider only "relevant" provisions of 18 U.S.C. § 3142 in setting conditions to assure a debtor's appearance at certain proceedings.
- Rule 3007 – Subsection (a)(2)(A)(ii) amended to clarify that the special service method required by Rule 7004(h) must be used for service of objections to claims only on insured depository institutions as defined in section 3 of the Federal Deposit Insurance Act. This does not include credit unions, which are insured by the National Credit Union Administration.
- Rule 7007.1 – Amended to extend the corporate disclosure requirement to nongovernmental corporations that seek to intervene in an adversary proceeding.
- Rule 9036 – Subsections added to separate the methods of electronic noticing and service available to the courts from those available to an entity.
- Official Form 122B – Parenthetical added to the instruction section to clarify that this form is not applicable under subchapter V of chapter 11.
Further information regarding the pending rules and form amendments may be found at https://www.uscourts.gov/rules-policies/pending-rules-and-forms-amendments. The Standing Committee Report to the Judicial Conference dated September 2021 is available at https://www.uscourts.gov/sites/default/files/standing_committee_report_to_jcus_- _sept_2021_0.pdf.