Thursday, December 7, 2017

Official Bankruptcy Rule Changes Effective December 1, 2017

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.

Friday, December 1, 2017

Florida's Constitution Revision Commission Proposed Changes

Florida’s Constitution Revision Commission meets every 20 years to propose changes to the state constitution.  The Commission has met and has finalized proposed amendments. For a brief description of the 103 proposals that could appear on the ballot in November 2018, click the link below: