New rules and amendments to the Federal Rules of Bankruptcy Procedure to take effect December 1, 2008

The following new rules and amendments to the Federal Rules of Bankruptcy Procedure will take effect on December 1, 2008:

Bankruptcy Rules 1005, 1006, 1007, 1009, 1010, 1011, 1015, 1017, 1019, 1020,
2002, 2003, 2007.1, 2015, 3002, 3003, 3016, 3017.1, 3019, 4002, 4003, 4004,
4006, 4007, 4008, 5001, 5003, 6004, 7012, 7022, 7023.1, 8001, 8003, 9006, 9009,
and 9024, and new Bankruptcy Rules 1021, 2007.2, 2015.1, 2015.2, 2015.3,
5008, and 6011.

The above rule amendments and new rules implement the substantive and procedural changes to the Bankruptcy Code made by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA). As you know, Interim Rules have been in use since October 2005, while the Advsiory Committee on Bankruptcy Rules studied BAPCPA and prepared permanent national rules though the customary three-year rulemaking process.

Except for Interim Rule 5012 (Communication of and Cooperation with Foreign Courts and Foreign Representatives), which is under study, the amendments and new rules supersede the Interim Rules adopted by the U.S. Bankrupty Court for the District of Minnesota in 2005 when most of the provisions of BAPCPA took effect. Therefore, the judges of the U.S. Bankruptcy Court for the District of Minnesota recently entered an ORDER rescinding the Interim Rules, effective December 1, 2008, when the new permanent rules and amendments take effect.

Links to the pages that show the changes follow: Summary of Proposed Amendments    Text of Rule Changes