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Amendments to Federal Bankruptcy Rules - Effective December 1, 2020

Tuesday, December 1, 2020

Federal Rules of Bankruptcy Procedure 2002, 2004, 8012, 8013, 8015, and 8021 have been amended and became effective December 1, 2020.  A summary is listed below.

Rule 2002:

  • extend the requirement that the clerk give notice to the debtor and creditors of entry of the order confirming chapter 13 plan;
  • add cases under chapters 12 and 13 of the Bankruptcy Code and to conform the time periods in the subdivision to the respective deadlines for filing proofs of claim under Rule 3002(c); and
  • add a cross-reference to 2002(a)(9) in response to the relocation of the provision specifying the deadline for objecting to confirmation of a chapter 13 plan.

Rule 2004:

  • amend the rule regarding examination of the debtor to refer specifically to the production of electronically stored information, in addition to the production of documents; and
  • conform Rule 2004’s subpoena provisions with the current version of F.R. Civ. P. 45, which Rule 9016 makes applicable in bankruptcy cases.

Rule 8012 – Amended to conform with Fed. R. App. P. 26.1:

  • subdivision (a) amended to include nongovernmental corporations that seek to intervene on appeal;
  • new subdivision (b) requires disclosure of the name of all debtors in the bankruptcy case, and applies the subdivision (a) disclosure requirements to corporate debtors; and
  • subdivision (c), previously referenced as subdivision (b), amended to clarify that all disclosure requirements in Rule 8012 must be supplemented when information changes.

Rules 8013, 8015, and 8021 – Amended to conform to changes in Appellate Rules:

  • technical amendments to remove or qualify references to “proof of service,” or otherwise conform to amendments that have already been made to Appellate Rules 5, 21, 26, 32, and 39.

For additional information regarding these rule changes, click the following link: