On Friday, December 4, at noon, Judge Robert H. Jacobvitz will be presenting a Bankruptcy Law Section “Brown Bag” session on the amendments to the Federal Rules of Bankruptcy Procedure which take effect December 1, 2009.  The session will be held in the 10th Floor Conference Room, Dennis Chavez Federal Building and United States Courthouse, 500 Gold Avenue, SW, Albuquerque.

If we are able to arrange conference calling for the session, attorneys and legal staff located outside of Albuquerque or who are unable to attend otherwise will be able to attend telephonically.  If you are interested in this possibility, please send an e-mail to web_ntp [at] nmcourt [dot] fed [dot] us.

Tips on Amendments to Bankruptcy Rules and Forms

1.   Reaffirmation Agreement Cover Sheet.

Rule 4008, Filing of Reaffirmation Agreement; Statement in Support of Reaffirmation Agreement, is amended effective December 1 to require use of a cover sheet, prepared as prescribed by the appropriate Official Form.  The new Official Form B27 is posted on the Forms pages of the Court’s website in pdf, WordPerfect and MS Word formats.  Search for Official Form 27.

2.   15-day deadlines changed to 14 days

Please note the one-day reduction in the 15-day deadlines in Rule 1007(c)(f) and (h) to file statements and schedules after the petition is filed, and in Rule 3015(b) to file the chapter 13 plan.

3.   Notice of 21-day objection deadline

Remember to modify your 2002(a) notices to all creditors to extend the deadline objection period to 21 days effective December 1.  Local “sample” Chapter 13 forms have been amended accordingly.

4.    Notice of 28-day objection deadline

Please note that we have modified our local chapter 13 form notices of Notice of Deadline for Filing Objections to Confirmation of Chapter 13 Plan for use when the plan is filed with petition (NM Form 600) or when the plan is filed after the petition is filed (NM Form 601), pursuant to 2002(b) which increases the 25-day deadline to 28 days effective December 1.  View these chapter 13 notices.

5.    Amended Certificate of Service of Summons/Notice in Adversary Proceeding

The Court’s local form Certificate of Service of Summons & Notice of Pretrial Conference or Scheduling Conference in Adversary Proceeding is being amended and will soon be posted on the Forms pages of the Court’s website.  The form is being amended to conform more closely to the service of process provisions of Fed. R. Bankr. P. 7004.  The certification regarding age and non-party status will now be limited to instances in which service of the summons is accomplished by one of the methods permitted under Federal Rule of Civil Procedure 4.