AMENDED Public Notice regarding Proposed Amendments to Local Bankruptcy Rules and Forms

Thursday, December 27, 2012

The U.S. Bankruptcy Court for the Middle District of Pennsylvania proposes to amend certain of its Local Bankruptcy Rules.  The changes have been provisionally approved by the Bankruptcy Judges.  The Court hereby offers public notice of the proposed amendments and seeks public comment by January 28, 2013.  The amendments to the Local Rules will become effective on March 1, 2013.

    AMENDED PUBLIC NOTICE
 

OF PROPOSED AMENDMENTS TO THE LOCAL BANKRUPTCY
RULES AND FORMS FOR THE U.S. BANKRUPTCY COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA TO
BECOME EFFECTIVE MARCH 1, 2013

PUBLIC COMMENT PERIOD ENDS JANUARY 28, 2013
AMENDED NOTICE DATE:  JANUARY 3, 2013

The U.S. Bankruptcy Court for the Middle District of Pennsylvania proposes to amend certain of its Local Bankruptcy Rules.  The changes have been provisionally approved by the Bankruptcy Judges.  The Court hereby offers public notice of the proposed amendments and seeks public comment.  The amendments to the Local Rules will become effective on March 1, 2013.  This notice is amended effective January 3, 2013, to include proposed amendments to LBR 7067-1 concerning the Clerk's deposit of registry funds.  The comment period on all the proposed amendments will still end on January 28, 2013.

Briefly, the Rule amendments include: (1) adding new LBR 3002.1-1 providing for LBF 3002.1-1, Response to Notice of Final Cure Payment; (2) amending LBR 3015-3 a new subparagraph (b) provides for the submission of a pre-confirmation certification in Chapter 12 cases; (3) adding LBR 3015-6 delineating requirements for a Chapter 12 discharge; (4) new LBR 3020-1 delineating requirements for an individual Chapter 11 debtor discharge; (5) amending LBR 4001-1(e) to specify the signing requirements for LBF 4001-1; (6) amending LBR 7067-1(b)(2) concerning registry fund accounts; (7) amending LBR 9019-2(b) referencing new LBF 9019-2, Requests for Mediation; (8) adding new LBR 9019-3, Mortgage Modification Mediation Program, which establishes requirements and procedures and adds LBFs to implement the Program. 

Briefly, the Form amendments include: (1) adding LBF 3002.1-1, Statement in Response to Notice of Final Cure Payment; (2) amending LBF 3015-1, Chapter 13 Plan to reconcile its provisions with FRBP 3002.1; (3) amending LBF 3015-3(a), Chapter 13 Debtor’s Pre-Confirmation Certification of Compliance with Post Petition Domestic Support Obligations; (4) adding LBF 3015-3(c), Chapter 12 Individual Debtor’s Pre-Confirmation Certification; (5) amending LBF 3015-5, Chapter 13 Debtor’s Certification Regarding Domestic Support Obligations; (6) adding LBF 3015-6, Chapter 12 Individual Debtor’s Certification Regarding Domestic Support Obligations; (7) adding LBF 3020-1, Chapter 11 Individual Debtor’s Pre-Confirmation Certification; (8) adding LBF 9019-2, Request for Mediation; (9) adding LBF 9019-3(a), Notice of Motion and Motion to Participate in Mortgage Modification Mediation Program; (10) adding LBF 9019-3(b), Consent to Motion to Participate in Mortgage Modification Mediation Program; (11) adding LBF 9019-3(c), Order admitting a debtor into the Mortgage Modification Mediation Program; (12) adding LBF 9019-3(d), Debtor’s Certification of Readiness for Mediation.

The proposed amendments reflect the input of members of the creditors’ and debtors’ bar, as well as the Chapter 13 Trustee, and the Clerk’s Office.

Comments on the proposed amendments may be submitted either by email to PAMB_Local_Rules@pamb.uscourts.gov or by U.S. Mail to the Honorable Robert N. Opel, II, Max Rosenn Federal Courthouse, 197 South Main Street, Suite 144, Wilkes-Barre, Pennsylvania, 18701.  Comments must be submitted no later than January 28, 2013.

A redlined version of the proposed amendments to the Local Bankruptcy Rules may be obtained here*.

A redlined version of the proposed amendments to the Local Bankruptcy Forms may be obtained here*.

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