Amendments to the Federal Rules of Practice and Procedure
Congress has taken no action on the proposed amendments to the Federal Rules of Appellate, Bankruptcy and Civil Procedure, and the Federal Rules of Evidence adopted by the Supreme Court and transmitted to Congress on April 27, 2017. Under the Rules Enabling Act, 28 U.S.C. §§ 2071-75, amendments to the following rules take effect today, December 1, 2017:
Federal Rules of Appellate Procedure
Rule 4 Appeal as of Right—When Taken
Federal Rules of Bankruptcy Procedure
Rule 1001 Scope of Rules and Forms; Short Title
Rule 1006 Filing Fee
Rule 1015 Consolidation or Joint Administration of Cases Pending in Same Court
Rule 2002 Notices to Creditors, Equity Security Holders, Administrators in Foreign Proceedings, Persons Against Whom Provisional Relief is Sought in Ancillary and Other Cross-Border Cases, United States, and United States Trustee
Rule 3002 Filing Proof of Claim or Interest
Rule 3007 Objections to Claims
Rule 3012 Determining the Amount of Secured and Priority Claims
Rule 3015 Filing, Objection to Confirmation, Effect of Confirmation, and Modification of a Plan in a Chapter 12 or a Chapter 13 Case
Rule 3015.1 Requirements for a Local Form for Plans Filed in a Chapter 13 Case
Rule 4003 Exemptions
Rule 5009 Closing Chapter 7, Chapter 12, Chapter 13, and Chapter 15 Cases; Order Declaring Lien Satisfied
Rule 7001 Scope of Rules of Part VII
Rule 9009 Forms
Federal Rules of Civil Procedure
Rule 4 Summons
Federal Rules of Evidence
Rule 803 Exceptions to the Rule Against Hearsay—Regardless of Whether the Declarant Is Available as a Witness
Rule 902 Evidence That Is Self-Authenticating
Under 28 U.S.C. § 2074(a) and the Supreme Court orders dated April 27, 2017, the amendments will govern all proceedings commenced on or after December 1, 2017, and all proceedings then pending “insofar as just and practicable.” The text of the new and amended rules and 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, the following new and amended official bankruptcy forms are effective on December 1, 2017. As approved by the Judicial Conference, the forms govern all proceedings in bankruptcy cases thereafter commenced and, insofar as just and practicable, all proceedings then pending. The amended forms are posted on the website at:http://www.uscourts.gov/forms/bankruptcy-forms.
Official Bankruptcy Forms
Official Form 101 Voluntary Petition for Individuals Filing for Bankruptcy
Official Form 113 Chapter 13 Plan
Official Form 309F For Corporations or Partnerships; Notice of Chapter 11 Bankruptcy Case
Official Form 309G For Individuals or Joint Debtors; Notice of Chapter 12 Bankruptcy Case
Official Form 309H For Corporations or Partnerships; Notice of Chapter 12 Bankruptcy Case
Official Form 309I Notice of Chapter 13 Bankruptcy Case
Official Form 425A Plan of Reorganization for Small Business Under Chapter 11
Official Form 425B Disclosure Statement for Small Business Under Chapter 11
Official Form 425C Monthly Operating Report for Small Business Under Chapter 11
Official Form 426 Periodic Report Regarding Value, Operations, and Profitability of Entities in Which the Debtor’s Estate Holds a Substantial or Controlling Interest