Rule
1001: “These rules should be construed, administered, and employed
by the court and the parties to secure the just, speedy, and
inexpensive determination of every action and proceeding.
Rule
1006: requires that an individual debtor’s petition must be
accepted for filing so long as the debtor submits a signed
application to pay the filing fee in installments. Rule 1017 (b) (1)
allows for a dismissal of the case for the failure to pay any
installment of the filing fee only “after a hearing on notice to
the debtor and the trustee.”
Rule
1015(b): Husband and wife is replaced with spouses.
Rule
3015 and 3015.1(NEW): Requires use of an appropriate official form
for chapter 13 plans. Objections to plan confirmation are to be made
at least 7 days before the date set for confirmation hearing, and
valuation of a secured claim is binding on the holder of the claim.
Rule
2002: notice of time to object to confirmation of Chapter 13 plan is
21 days, notice of confirmation hearing is 28 days.
Rule
3002: Holder of secured claim must file proof of claim to have an
allowed secured claim. Bar date in Chapter 12 and 13 cases is 70
days, with an additional 50 days for mortgage holders to provide
supplemental documents. The court may extend the time to file proof
of claim for insufficient notice.
Rule
3007: Service of claim objection on most claimants is by mailing
notice to the person listed on the proof of claim. Rule 7004 governs
service on depository institutions.
Rule
3012: Request to value in the Chapter 13 Plan governed by Rule
7004(b), and service for claim objections and motions to value are
governed by Rules 3007(a) and 9014(b).
Rule
4003: Lien avoidance can proceed under the chapter 13 plan, or by
motion.
Rule
5009: Debtor can obtain an order declaring that a secured claim has
been satisfied, and lien released under the terms of the Chapter 13
Plan.
Rule
7001: Rule 3012 valuation and lien avoidance do not require an
adversary proceeding.
Rule
9009: The rule allows deviations from an Official Form if permitted
by the national instructions for the form in addition to those
deviations permitted by the Bankruptcy Rules or the form itself. It
also allows “minor changes not affecting wording or the order of
presenting information” on a form.
