Several Rules changes are in process at the federal level.
Significantly, for bankruptcy practitioners, the filing of a Proof of Claim in bankruptcy will require that all documentation be attached to the claim and the claim be signed by the creditor per Fed.R. Bankr. Pro. 9011. As such, a creditor may no longer simply "summarize" the proofs for their claim. This is to avoid a claim being made on little or no substantiation.
New Proof of Claim forms will be issued.
Click here to view the new proof of claims forms and full text of the related new rule:
Click here to view the new proof of claims forms and full text of the related new rule:
There are many more changes - please read below:
[from the US Court's web site].
August 2009 - December 2011 Amendments (Effective Dec. 1, 2011)
Proposed Amendments to the Federal Rules of Bankruptcy and Criminal Procedure and the Federal Rules of Evidence: August 2009
Federal Rules of Appellate Procedure
- Appellate Rule 4 (clarifies 60-day appeal deadline in cases where U.S., federal agency, or federal employee is a party)
- Appellate Rule 40 (clarifies 45-day rehearing deadline in cases where U.S., federal agency, or federal employees is a party)
Federal Rules of Bankruptcy Procedure
- Bankruptcy Rule 1004.2 (republication of a new rule requiring entity filing a chapter 15 petition to state the country of the debtor's main interest, filer to list each country in which a case involving debtor is pending, and setting deadline for challenging the statement asserting the country of the debtor's main interest)
- Bankruptcy Rule 2003 (requires the filing of a statement upon adjourning a meeting of creditors or equity security holders)
- Bankruptcy Rule 2019 (expands the scope of the rule’s disclosure requirements by requiring disclosure in chapter 9 and chapter 11 cases by all committees or groups that consist of more than one creditor or equity security holder, as well as entities or that represent more than one creditor or equity security holder. It also authorizes the court to require disclosure by an individual party in interest when knowledge of that party’s economic stake in the debtor would assist the court in evaluating the party’s arguments)
- Bankruptcy Rule 3001 (prescribes in greater detail the supporting information required to accompany certain proofs of claim)
- Bankruptcy Rule 3002.1 (new rule implements § 1322(b)(5) of the Bankruptcy Code, which permits a chapter 13 debtor to cure a default and maintain payments of a home mortgage)
- Bankruptcy Rule 4004 (permits a party under limited circumstances to seek an extension of time to object to a debtor’s discharge after the time for objecting has expired)
- Bankruptcy Rule 6003 (clarifies that the requirement of a 21-day waiting period before a court can enter certain orders at the beginning of a case, including an order approving employment of counsel, does not prevent the court from specifying an effective date for the order that is earlier than the date of its issuance)
- Bankruptcy Form 1 (implements new Bankruptcy Rule 1004.2)
- Bankruptcy Forms 9A - 9I (conforming amendments to the pending amendment of Bankruptcy Rule 2003(e))
- Bankruptcy Form 10 (clarifies that, consistent with Rule 3001(c), writings supporting a claim or evidencing perfection of a security interest - not just summaries - must be attached to the proof of claim)
- Bankruptcy Form 25A (changes the effective date consistent with 2009 time-computation rules amendments)
Federal Rules of Criminal Procedure1
- Criminal Rule 1 (expands the definition of “telephone” and “telephonic” to include technologies that enable live, contemporaneous voice conversations)
- Criminal Rule 3 (authorizes consideration of complaints and issuances of arrest warrants and summonses based on information submitted by reliable electronic means as provided for in proposed new Rule 4.1)
- Criminal Rule 4 (authorizes consideration of complaints and issuances of arrest warrants and summonses based on information submitted by reliable electronic means as provided for in proposed new Rule 4.1. Also authorizes the return of warrants by reliable electronic means)
- Criminal Rule 4.1 (new rule incorporates provisions of Criminal Rule 41 that allow a warrant to be issued based on information submitted by reliable electronic means and extends those procedures to complaints, arrest warrants, and summonses)
- Criminal Rule 6 (provides that a grand jury return may be taken by video conference)
- Criminal Rule 9 (authorizes consideration of complaints and issuances of arrest warrants and summonses based on information submitted by reliable electronic means as provided for in proposed new Rule 4.1)
- Criminal Rule 32 (technical and conforming style amendment)
- Criminal Rule 40 (permits the defendant, upon consent, to appear by video conference in a proceeding on arrest for failure to appear in another district)
- Criminal Rule 41 (deleted provisions now covered by new Rule 4.1. Also authorizes the return of warrants by reliable electronic means)
- Criminal Rule 43 (permits, with the defendant’s written consent, the arraignment, trial, and sentencing in misdemeanor cases to be conducted by video conference)
- Criminal Rule 49 (authorizes local rules permitting papers to be filed, signed, or verified by electronic means)
Federal Rules of Evidence
- Restyled Evidence Rules 101-1103 (make the rules simpler and easier to read and understand without changing substantive meaning)
Amendments Approved by Supreme Court (April 2011)
Amendments Approved by Judicial Conference (September 2010)
Amendments Approved by Standing Committee (June 2010)
Reports of the Advisory Committee on Bankruptcy Rules
- Dec 2008 (pdf)
- May 2009 (pdf)
- Proposed Rules Amendments (WP)
- Proposed Rules and Forms Amendments (pdf)
Reports of the Advisory Committee on Criminal RulesReport of the Advisory Committee on Evidence Rules May 2009 (pdf)
1 The Advisory Committee on Criminal Rules withdrew the proposed amendment to Criminal Rule 32.1 (permits the defendant, upon request, to participate via video conference in proceedings involving revocation or modification of probation or supervised release), following the public comment period. The advisory committee also withdrew the companion amendment to Criminal Rule 43 that contained the cross-reference to Rule 32.1.
August 2010 - December 2012 (Effective December 1, 2012)
Proposed Amendments to the Federal Rules of Bankruptcy and Criminal Procedure: August 2010
Federal Rules of Bankruptcy Procedure
- Bankruptcy Rule 3001 (requires more information supporting proofs of claim when the claim is based on an open-end or revolving consumer credit agreement)
- Bankruptcy Rule 7054 (increases the time for the clerk to notify a party of taxation of costs and the time to object to the clerks actions)
- Bankruptcy Rule 7056 (establishes a default deadline to file a summary judgment motion)
- Bankruptcy Official Form 10 (requires more information on claims)
- Bankruptcy Official Form 25A (changes the effective date provision to reflect changes in time periods in other rules)
Federal Rules of Criminal Procedure
- Criminal Rule 5 (clarifies the international extradition process)
- Criminal Rule 37 (new rule articulating procedures for obtaining an indicative ruling@)
- Criminal Rule 58 (conforming amendment to Criminal Rule 5)
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