2011-6: Amendments to Federal Rules of Bankruptcy Procedure and Official Forms, Effective December 1, 2011
The Federal Rules of Bankruptcy Procedure and Official Forms will be amended, effective December 1, 2011.
Of significant importance are changes relating to claims. The new and amended rules require creditors whose claims are based on a security interest in the debtor’s primary residence to file additional supporting information with the claim.
Additionally, a holder of a claim must provide a notice of a change in the debtor’s monthly payment due and a notice of all post-petition fees, expenses, or charges that may be recoverable against the debtor or the debtor’s residence.
The report of the Standing Rules Committee to the Judicial Conference, which includes redlined versions of the amendments, committee notes, and notes of changes made after publication of the rules for comments, can be found at: http://www.uscourts.gov/RulesAndPolicies/FederalRulemaking/PendingRules/SupremeCourt042611.aspx.
The new and amended official forms can be found at http://www.uscourts.gov/FormsAndFees/Forms/BankruptcyForms/BankruptcyFormsPendingChanges.aspx. Practitioners are urged to use the revised Official Forms, starting on December 1, 2011. Practitioners using bankruptcy software should check with their providers as to whether any software updates are required