2009-27: Follow-up on Brown Bag Session December 4 on Amendments to Rules

Audio Recording of Judge Jacobvitz's Presentation

An audio recording of Judge Jacobvitz’s discussion of the amendments to the Federal Rules of Bankruptcy Procedure which were effective December 1, 2009, is posted on the Court’s website.    A copy of the recording is available on CD at no cost. Call 505-348-2500 or 866-291-6805 to request a copy.

Compendium of Amended Rules Effective December 1, 2009

The Clerk’s Office has created a compendium of the amended rules which is now posted on the Court’s website. This compendium was prepared for use by the Clerk's Office, and is being shared with others to help understand the new rules. Users should verify the rules changes for themselves and not rely upon this compendium as being accurate for the practice of law and filing of documents with the Court.

Grace Period

A question came up at the Brown Bag session on December 4 regarding grace periods related to the time-computation amendments. The judges have granted a 6-month grace period related to the reduction of the 15-day deadline to a 14-day deadline.

There is no other grace period related to the time-computation amendments.

Effective December 1, 2009, notices of time to file an objection to matters previously requiring 20 days’ or 25 days’ notice are changed to 21 days and 28 days respectively. The Court has not adopted a policy covering action it will take related to notices which state the wrong number of days. The Clerk’s Office, however, will enter a notice of error to remind the filer to check the amendments to the Federal Rules of Bankruptcy Procedure.

Sections (d)(2) and (d)(3) of Fed. R. Bankr. P. 4001

Please note that sections (d)(2) and (d)(3) of Federal Rules of Bankruptcy Procedure 4001 were inadvertently omitted from the set of rules amended effective December 1, 2009.   It is anticipated that the Judicial Conference will approve changes to the deadlines in these two sections of Rule 4001, effective December 1, 2010.