Proposed Amendments To Bankruptcy Rules And Forms

The Judicial Conference Advisory Committee on Bankruptcy Rules has proposed amendments to the Federal Rules of Bankruptcy Procedure (the "Bankruptcy Rules") and the Official Bankruptcy Forms and requested that the proposals be circulated to the bench, bar, and public for comment. The proposed amendments, Advisory Committee reports, and other information are posted on the Judiciary's website. Comments to the proposed amendments must be submitted no later than February 15, 2017.

Members of the public who wish to present testimony may appear at public hearings on these proposals. The Advisory Committee will convene a hearing on the proposed amendments on January 24, 2017, in Pasadena, California. Anyone wishing to testify must notify the Advisory Committee at least 30 days before the scheduled hearing. Requests to testify should be emailed to Rules_Support ao.uscourts.gov, with a copy mailed to:

Committee on Rules of Practice and Procedure Administrative Office of the United States Courts Thurgood Marshall Federal Judiciary Building One Columbus Circle, N.E., Suite 7-240 Washington, D.C. 20544

Following the public comment period, the Advisory Committee will decide whether to submit the proposed amendments to the Committee on Rules of Practice and Procedure. If approved, the proposed amendments would become effective on December 1, 2018, with or without revision by the Advisory Committee, the Committee on Rules of Practice and Procedure, the Judicial Conference, and the U.S. Supreme Court, provided that Congress does not act to defer, modify, or reject them.

The proposed amendments include the following, among other changes:

Bankruptcy Rule 8002(b) (timeliness of tolling motions). Bankruptcy Rule 8002(b) and its counterpart, Rule (a)(4) of the Federal Rules of Appellate Procedure (the "FRAP"), contain a list of post-judgment motions that toll the time for filing an appeal. Under the current rules, the motion must be "timely file[d]" in order to have a tolling effect. Amendments to the FRAP have been approved by the Supreme Court and submitted to Congress and are...