December 1st Amendments to the Federal Rules of Bankruptcy Procedure
Amendments to the Federal Rules of Bankruptcy Procedure go into effect December 1, 2012, unless Congress acts to the contrary. The amendments impact Bankruptcy Rules 1007, 2015, 3001, 7054, and 7056. Information on the pending amendments is available from the U.S. Courts website:
Local Rule 7054-1 remains in effect at this time.
The following official bankruptcy forms have been amended effective December 1, 2012:
Official Form 7 (Statement of Financial Affairs) is amended to make the form's definition of an insider consistent with the definition in the Bankruptcy Code.
Official Forms 9A – 9I (meeting of creditor notices) are updated on the first page and in the claims box on the explanation page to remind creditors that the form should not be included with or attached to any proof of claim or other filing in the case. Stylistic changes to the form are also made.
Official Form 10 (Proof of Claim) is amended at Section 7 to remind filers to attach the documents required by Rule 3001(c) for claims based on an open-end or revolving consumer credit agreement or claims secured by a security interest in the debtor's principal residence. Section 8 is revised to delete a direction requiring an authorized agent to attach a power of attorney if one exists. Rule 9010(c) does not require that an agent's authority to file a proof of claim be evidenced by a power of attorney.
Official Form 21 (Statement of Social Security Number or Individual Taxpayer-Identification Number) is amended to remind debtors that, in accordance with Rule 1007(f), it should be submitted pursuant to local court procedures.
In the New Mexico Bankruptcy Court, Official Form 21 should be filed using the docket event "Statement of Social Security Number," which restricts access to the document.
In addition, Director's Procedural Form 200 (Required Lists, Schedules, Statements and Fees) and Director's Procedural Form 201A (Notice to Individual Consumer Debtor) were amended effective November 21, 2012, to conform to the increase in the chapter 11 filing fee which was effective on that date.
Copies of the official forms are available from the U.S. Courts website: