Public Notice regarding Proposed Amendments to Local Bankruptcy Rules and Forms

Monday, April 14, 2014

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 June 16, 2014.  The amendments to the Local Rules will become effective on August 1, 2014.

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 AUGUST 1, 2014

PUBLIC COMMENT PERIOD ENDS JUNE 16, 2014
NOTICE DATE:  APRIL 14, 2014

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 August 1, 2014.

Briefly, the Rule amendments include: (1) amending LBR 1015-1(b) and (c)(1) to align with the current self-scheduling procedures for motions for substantive consolidation and deconsolidation of substantively consolidated cases; (2) amending LBR 2002-1 to align with the current procedures for service of notices by Chapter 7, 11, 12, and 13 trustees; (3) amending LBR 2003-1(c) to align with the current procedures for notice of continuance of § 341(a) meetings of creditors; (4) adding new LBR 2016-2 delineating procedures for applications for compensation by Chapter 13 debtor’s attorneys; (5) amending LBR 3015-2 to align with the current procedures for service of amended Chapter 12 and Chapter 13 plans pre- and post-confirmation by both ECF filers and pro se debtors; (6) amending LBRs 4001-1, 4001-2, 4001-3, and 4001-4 to align with the current self-scheduling procedures for motions for relief from stay, cash collateral, obtaining credit, and use, sale, or lease of property; (7) amending LBR 5005-3 to provide for implementation of the Court’s Electronic Proof of Claim (ePOC) system for filing, amending, and withdrawing proofs of claim; (8) amending LBR 6007-1 to align with the current self-scheduling procedures for motions to compel abandonment; (9) amending LBR 7002-1 to apply District Court LR 15.1, regarding amended pleadings, to adversary proceedings; (10) eliminating LBR 7024-2 which is now covered by FRBP 9005.1; (11) amending LBR 9001-1 to add definitions for “hearing required notice” and “semi passive notice”; and, (12) amending LBR 9002-1 to refer ECF filers to the Court’s website for up-to-date self-scheduling procedures; and, (13) amending LBR 9075-1 to direct filers to contact Chambers by email in advance of docketing emergency filings.

Briefly, the Form amendments include: (1) adding LBF 2016-2(a), Application of Attorney for Chapter 13 Debtor for Compensation and Reimbursement of Expenses; (2) adding LBF 2016-2(b), Rights and Responsibilities Agreement Between Chapter 13 Debtors and Their Attorneys; (3) adding LBF 2016-2(c), Request for Payment of Chapter 13 Compensation and Expenses; (4) amending LBF 3015-1, Chapter 13 Model Plan, Section 2.B.; (5) adding LBF 3015-2(c), Certification Regarding Service of Amended Chapter 12 Plan (Altering Treatment of Claims); and, (6) adding LBF 3015-2(d), Certification Regarding Service of Amended Chapter 12 Plan (Altering Funding or Making Technical Amendments).

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 June 16, 2014.

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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