National Rule and Form Changes Effective December 1, 2022

Release Date: 
Thu, 12/01/2022

Several national federal rule changes and national official form changes are effective December 1, 2022. The full amendments to the Federal Rules of Bankruptcy Procedure can be found here:

https://www.uscourts.gov/rules-policies/pending-rules-and-forms-amendments. The bulk of the bankruptcy rule amendments serve to incorporate the interim rules regarding SubChapter V and do not create new requirements. Amendment highlights include:

  • Rule 3002: changes the legal standard for determining whether a creditor was given insufficient notice of the deadline for filing a proof of claim .
  • New Rule 3017.2: authorizes the court to fix dates in a SBRA case where there is no disclosure statement. See also the amendment to Rule 3018.
  • Rule 7004(h): amends the long standing practice of requiring service on a corporation be made to a named agent; now the title of the officer or agent is sufficient.

Amendments to the national bankruptcy forms can be found here: https://www.uscourts.gov/rules-policies/pending-rules-and-forms-amendmen.... In particular, Official Forms 309E1 and E2, the 341 notices for individuals and joint debtors in chapter 11 or a SubV cases, have been modified to clarify the deadlines for objecting to discharge and to challenge dischargeability. Slight modifications have also been made to Official Form 101, the voluntary petition for individuals.

There are no WAWB local rule or form changes during this amendment cycle. Changes to other federal rules, including appellate, civil and evidentiary rules, can be found on at https://www.uscourts.gov/rules-policies/current-rules-practice-procedure.