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Amendments To The Federal Rules and Forms Effective December 1, 2019

Sunday, December 1, 2019

Amendments to the Federal Rules of Practice and Procedure and Bankrutptcy Forms

Effective December 1, 2019

 Under the Rules Enabling Act, 28 U.S.C. §§ 2071-75, the following took effect on December 1, 2019:

Federal Rules of Appellate Procedure

  • Rule 3 Appeal as of Right—How Taken
  • Rule 5 Appeal by Permission
  • Rule 13 Appeals from the Tax Court
  • Rule 21 Writs of Mandamus and Prohibition, and Other Extraordinary Writs
  • Rule 25 Filing and Service
  • Rule 26 Computing and Extending Time
  • Rule 26.1 Disclosure Statement
  • Rule 28 Briefs
  • Rule 32 Form of Briefs, Appendices, and Other Papers
  • Rule 39 Costs

 

Federal Rules of Bankruptcy Procedure

  • Rule 4001 Relief from Automatic Stay; Prohibiting or Conditioning the Use, Sale, or Lease of Property; Use of Cash Collateral; Obtaining Credit; Agreements
  • Rule 6007 Abandonment or Disposition of Property
  • Rule 9036 Notice and Service Generally
  • Rule 9037 Privacy Protection for Filings Made with the Court

 

Under 28 U.S.C. §§ 2074(a) and 2075, and the Supreme Court orders dated April 25, 2019, the amendments govern all proceedings commenced on or after December 1, 2019, and all proceedings then pending “insofar as just and practicable.”

 

The text of the new and amended rules, and the accompanying committee notes—along with extensive supporting documentation related to their adoption—are posted on the “Current Rules” page of the Judiciary’s website at: http://www.uscourts.gov/rules-policies/current-rules-practice-procedure.

 

In addition, one amended official bankruptcy form and one new Director’s form became effective on December 1, 2019. As approved by the Judicial Conference, amendments to the official bankruptcy forms govern all proceedings in bankruptcy cases thereafter commenced and, insofar as just and practicable, all proceedings then pending.

 

Official Bankruptcy Forms

  • Official Form 122A-1 Chapter 7 Statement of Your Current Monthly Income

Director’s Forms

  • Form 1340 (new) Application for Payment of Unclaimed Funds

 

The forms are posted on the website at: http://www.uscourts.gov/forms/bankruptcy-forms.