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Rules, Fees, and Forms Changes Effective 12/1/20

Friday, November 13, 2020

The following changes are effective December 1, 2020:

Amendments to the Federal Rules of Bankruptcy Procedure

  • 2002 – Notices to Creditors, Equity Security Holders, Administrators in Foreign Proceedings, Persons Against Whom Provisional Relief is Sought in Ancillary and Other Cross-Border Cases, United States, and United States Trustee
  • 2004 – Examination
  • 8012 – Disclosure Statement
  • 8013 – Motions; Intervention
  • 8015 – Form and Length of Briefs; Form of Appendices and Other Papers
  • 8021 – Bill of Costs

These Rules changes, as well as the changes to Appellate Rules 35 and 40, Civil Rule 30, and Evidence Rule 404 can be viewed on the Pending Rules and Forms Amendments page of the United States Courts website.  The Congressional Package dated April 2020 contains redline versions of the Rules and Committee Notes for a quick reference of the changes.

 

Changes to the Official and Director’s Forms

  • Official Forms 309A – 309I, Notices of Bankruptcy Case Filing (aka the “341 Notices”) – all forms will include the new PACER address (change already made in the Northern District of Florida)
  • Official Form 410A, Instructions for Mortgage Proof of Claim Attachment – Page 2, section 2 of the instructions are updated to address mortgage debts that have been reduced to judgment through a foreclosure proceeding.
  • The following Directors Forms are updated to reflect an increase in the administrative fees of the Bankruptcy Court Miscellaneous Fee Schedule:
    • 1320 – Application for Search of Bankruptcy Records
    • 2000 – Required Lists, Schedules, Statements, and Fees
    • 2010 – Notice Required by 11 U.S.C. § 342(b) for Individuals Filing Bankruptcy
    • 1310 – Instructions for Exemplification Certificate

Changes to the official and Director’s forms may be reviewed at https://www.uscourts.gov/rules-policies/pending-rules-and-forms-amendments/pending-changes-bankruptcy-forms

 

Changes to the Bankruptcy Miscellaneous Fee Schedule (28 U.S.C. § 1930)

Item No.

Description of Fee

New Fee

2

Exemplification

$23

3

For reproduction of an audio recording of a court proceeding

$32

4

For filing an amendment to the debtor’s schedules…

$32

5

Search Fee

$32

7

For filing any document that is not related to a pending case or proceeding

$49

8

Administrative Fee

  • For filing a petition under Chapter 7, 12, or 13

 

$78

 

  • For filing a petition under Chapter 9, 11, or 15

$571

 

  • When a motion to divide a joint case under Chapter 7, 12, or 13 is filed

$78

 

  • When a motion to divide a joint case under Chapter 11 is filed

$571

19

For filing the following motions:

  • To terminate, annul, modify or condition the automatic stay
  • To compel the abandonment of property of the estate
  • To withdraw the reference of a case or proceeding
  • To sell property of the estate free and clear of liens under § 363(f)

$188

20

Claims Transfers

$26

21

Motion to Redact

$26

 

Please be advised that these changes may require an update your bankruptcy software, if used.