Message from Jerry D. Truitt, Clerk, US Bankruptcy Court,
Eastern District of Kentucky
Please be advised of a couple of matters:
CHANGES TO TIME CALCULATIONS
IN FEDERAL RULES AND NEW FORMS
Effective December 1, 2009,
the Federal Rules of Bankruptcy Procedure adopt a new uniform approach to time
calculations. An excerpt from the Report of the Judicial Conference asserts that
the changes will make the method of computing time consistent, simpler, and
clearer. Revised Fed.R.Bankr.P. 9006 describes the changes, which have been
dubbed days are days - meaning that intervening weekends and holidays are
usually counted. The change in approach prompted a review of all time periods in
the rules and the proposal of new time frames so that every deadline is
reasonable .... Most of the time periods will be in weekly intervals.
Some examples of the changes are as follows:
- 5 days becomes 7 days [example: deadline in Fed.R.Bankr.P. 2008 for trustee to
reject appointment.]
- 10 days becomes 14 days [example: the period for filing a notice of appeal in
Fed.R.Bankr.P. 8002].
- 15 days becomes 14 days [example: the deadline for filing schedules in
Fed.R.Bankr.P. 1007(c)].
- 20 days becomes 21 days [example: time period in Fed.R.Bankr.P.2002(a) that
has to pass between filing and meeting of creditors].
- 25 days goes to 28 days [example: time period in Fed.R.Bankr.P. 2002(b) that
has to pass between filing and hearing on disclosure statement].
Counsel are encouraged to study the changes independently, and not to rely
solely upon this notice. Additional information about the changes can be found
at
http://www.uscourts.gov/rules/Supreme%20Court%202008/Excerpt_ST_BK.pdf
Please note: Rules 4001(d)2 and d(3) have not
changed. The Rules Committee inadvertently omitted them from this set of Rules
amendments. It is anticipated the Judicial Conference will approve changes to
these deadlines effective December 1, 2010.
The Court’s Local Rules, Standing Orders, and CM/ECF
Administrative Procedures Manual have been revised to comply with these changes
and are posted on our website, see http://www.kyeb.uscourts.gov/kyeb/Rules/SO20091201.pdf
Also effective December 1, 2009, new Official Form 27 - Reaffirmation Agreement
Cover Sheet - becomes a required document that must be filed with each
reaffirmation agreement.
B1, Exhibit D concerning credit counseling, is amended. All forms, and instructions, can be found at http://www.uscourts.gov/bankform/index.html
PACER: The AO requested we post a user survey regarding PACER. Please
take a moment to respond to this survey, as you all are the customers who use
PACER. The survey is located on our CM/ECF information page at http://www.kyeb.uscourts.gov/kyeb/CMECF/cmecf.htm
We certainly hope you and yours have a very Happy Thanksgiving, Holiday Season,
and New Year.
Regards,
Jerry
November 25, 2009