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Amendments to Local Rules and Forms effective December 1, 2015

Certain local rule and form amendments will take effect December 1, 2015, as summarized below:

Amendments to Local Rules 1005-1, 1007-1(c), 1009-1(b) and (c), 1019-1(a)(1) and (b), 2016-1(d)(1)(i), 3015-2(b), 4008-1(b) change form and schedule names, numbers and language to conform to the new official forms.

Amendments to Local Forms 1019-1, 1007-3-1(7) and 1007-3-1(13) change references to "Debtor" and "Joint Debtor" to "Debtor 1" and "Debtor 2," to conform to the language of the new official forms.

New Local Rule 2016-1(e) establishes maximum compensation of $90 for non-attorney petition preparers, unless the court approves otherwise.

An amendment to Local Rule 3015-2(b) clearly identifies the time period for service of a motion for postconfirmation modification of a chapter 13 plan. Previously, calculation of this period required review of multiple local rules. The time period has also been changed from 26 to 28 days to conform to the rules standard of time calculation using multiples of 7.

An amendment to the Local Form 2016-1 Order removes the second paragraph authorizing the trustee to disburse funds to the fee applicant, reflecting the U.S. Supreme Court's recent decision in Harris v. Viegelahn.

The amendments to Local Form 1007-1 acknowledge that attorneys are statutorily required to execute a written contract (e.g., retainer agreement) with their clients. Therefore, references to that contract have been added to the form.

For a redlined version of all the rule and form changes, see here.

Publication Date: 
November 5, 2015