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Rules, Fees, and Forms Changes Effective 12/01/20

Monday, November 16, 2020

The following changes are effective December 1st, 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 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
 
Changes to the Bankruptcy Miscellaneous fee Schedule (28 U.S.C. § 1930) can be found at https://www.alsb.uscourts.gov/filing-fees-effective-12012020

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