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Amendments to national rules effective December 1, 2019

Congress has taken no action on the proposed amendments to the Federal Rules of Appellate, Bankruptcy, and Criminal Procedure, the Rules of Evidence, the Rules Governing Section 2254 Cases in the United States District Courts, and the Rules Governing Section 2255 Proceedings for the United States District Courts adopted by the Supreme Court and transmitted to Congress on April 25, 2019.

Under the Rules Enabling Act, 28 U.S.C. §§ 2071-75, the following changes to the Federal Rule of Bankruptcy Procedure took effect on December 1, 2019:

Rule 4001 Relief from Automatic Stay; Prohibiting or Conditioning the Use, Sale, or Lease of Property; Use of Cash Collateral; Obtaining Credit; Agreements
Rule 6007 Abandonment or Disposition of Property
Rule 9036 Notice and Service Generally
Rule 9037 Privacy Protection for Filings Made with the Court

These amendments govern in all proceedings commenced on or after December 1, 2019, and all proceedings then pending “insofar as just and practicable.” The text of the new and 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 at http://www.uscourts.gov/rules-policies/current-rules-practice-procedure.

In addition, amended Official Bankruptcy Form 122A-1, the Chapter 7 Statement of Your Current Monthly Income, was effective on December 1, 2019. As approved by the Judicial Conference, amendments to the official bankruptcy forms govern all proceedings in bankruptcy cases thereafter commenced and, insofar as just and practicable, all proceedings then pending. The form is posted on the website at http://www.uscourts.gov/forms/bankruptcy-forms.

Publication Date: 
December 4, 2019