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AMENDMENTS TO THE FEDERAL RULES OF PRACTICE AND PROCEDURE

Thursday, December 1, 2022

Congress has taken no action on the proposed amendments to the Federal Rules of Appellate, Bankruptcy, Civil, and Criminal Procedure adopted by the Supreme Court and transmitted to Congress on April 11, 2022. Under the Rules Enabling Act, 28 U.S.C. §§ 2071-75, the following take effect on December 1, 2022:

Federal Rules of Bankruptcy Procedure:

Rule 1007 Lists, Schedules, Statements, and Other Documents; Time Limits

Rule 1020 Chapter 11 Reorganization Case for Small Business Debtors

Rule 2009 Trustees for Estates When Joint Administration Ordered

Rule 2012 Substitution of Trustee or Successor Trustee; Accounting

Rule 2015 Duty to Keep Records, Make Reports, and Give Notice of Case or Change of Status

Rule 3002 Filing Proof of Claim or Interest

Rule 3010 Small Dividends and Payments in Cases Under Chapter 7, Subchapter V of Chapter 11, Chapter 12, and Chapter 13

Rule 3011 Unclaimed Funds in Cases Under Chapter 7, Subchapter V of Chapter 11, Chapter 12, and Chapter 13

Rule 3014 Election Under § 1111(b) by Secured Creditor in Chapter 9 Municipality or Chapter 11 Reorganization Case

Rule 3016 Filing of Plan and Disclosure Statement in a Chapter 9 Municipality or Chapter 11 Reorganization Case

Rule 3017.1 Court Consideration of Disclosure Statement in a Small Business Case or in a Case Under Subchapter V of Chapter 11

Rule 3017.2 Fixing of Dates by the Court in Subchapter V Cases in Which There Is No Disclosure Statement

Rule 3018 Acceptance or Rejection of Plan in a Chapter 9 Municipality or a Chapter 11 Reorganization Case

Rule 3019 Modification of Accepted Plan in a Chapter 9 Municipality or a Chapter 11 Reorganization Case

Rule 5005 Filing and Transmittal of Papers

Rule 7004 Process; Service of Summons, Complaint

Rule 8023 Voluntary Dismissal

Federal Rules of Civil Procedure

Rule 7.1 Disclosure Statement

 

Under 28 U.S.C. §§ 2074(a) and 2075, and the Supreme Court orders dated April 11, 2022, the amendments govern all proceedings commenced on or after December 1, 2022, and all proceedings then pending “insofar as just and practicable.” Links to the text of the amended rules, and the accompanying committee notes—along with extensive supporting documentation related to their adoption—are posted on the Current Rules page of the Judiciary’s website.

 

In addition, three amended official bankruptcy forms became effective on December 1, 2022. As approved by the Judicial Conference, amendments to official bankruptcy forms govern all proceedings in bankruptcy cases thereafter commenced and, insofar as just and practicable, all proceedings then pending. The forms are posted on the Bankruptcy Forms page of the Judiciary’s website.

Official Bankruptcy Forms:

Official Form 101 Voluntary Petition for Individuals Filing for Bankruptcy

Official Form 309E1 Notice of Chapter 11 Bankruptcy Case (For Individuals or Joint Debtors)

Official Form 309E2 Notice of Chapter 11 Bankruptcy Case (For Individuals or Joint Debtors under Subchapter V)