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