December 1, 2019 Bankruptcy Rule and Form Changes

Release Date: 
Mon, 11/25/2019

A number of national and local bankruptcy rule and form amendments go into effect on December 1, 2019.  Below is a summary of those changes. Please refer to the website links and the text of the actual rules and forms for specific information.

National Rule and Form Changes:

  1. Federal Rules of Bankruptcy Procedure, Rules 4001, 6007, 9036 and 9037 are amended effective December 1, 2019. https://www.uscourts.gov/rules-policies/current-rules-practice-procedure/federal-rules-bankruptcy-procedure
  1. The Honoring American Veterans in Extreme Need Act of 2019 (HAVEN Act) became law on August 26, 2019.  The Official Bankruptcy Forms related to current monthly income were revised effective October 1, 2019, to address changes related to the HAVEN Act. See https://www.uscourts.gov/rules-policies/pending-rules-and-forms-amendments/pending-changes-bankruptcy-forms  The same link includes information on additional changes to the current  monthly income form, Official Form 122A-1.

Local Rule and Form Changes:  General Order 2019-4 adopts certain local rule and form changes, also effective December 1, 2019. Redline versions of the local rules amendments are attached below.

  1. Local Bankruptcy Rule 3015-2 is amended to remove reference to FRBP 4001(c).  FRBP 4001(c) was amended effective Dec. 1, 2019, to state its inapplicability in a chapter 13 case.
  1. Local Bankruptcy Rule 4001-1 is amended regarding the clerk's office procedure for sending a deposit of rent to the lessor pursuant to 11 U.S.C. section 362(l)(1)(B).
  1. Local Bankruptcy Rule 5005-1 is amended to clarify that updated contact information for electronic filers is maintained through PACER.
  1. A new form of Application for Payment of Unclaimed Funds, modeled after the national template, will be used by the Court.

PACER Fee Waiver:  Effective January 1, 2020, PACER quarterly usage of $30 or less will be waived.  This is an increase over the existing $15 or less waiver amount.  https://www.pacer.gov/ (link is external)