On December 1, 2024, the following changes to the Federal Rules of Bankruptcy Procedure, Local Rules, Official Bankruptcy Forms, Local Forms, and Director’s Bankruptcy Forms became effective:

• Bankruptcy Rules:
  • Rules 1007, 4004, 5009, and 9006 – amended to require individual debtors to file a certificate of course completion rather than Official Form 423.
  • Rule 7001 – amended to create an exception for proceedings “by an individual debtor to recover tangible personal property under § 542(a)[.]”
  • Rule 8023.1 (new rule) – regarding substitution of parties in bankruptcy appeals.
  • Parts I through IX, have been restyled.
• Local Rules:
  • Some Local Rules have been modified given the restyling of the Federal Rules and changes to Official Forms.
  • Local Rule 2002-1 – regarding notice of motions – amended to clarify that Local Rule 9013-1(c) may provide an exception to the notice requirements for certain motions.
  • Local Rule 2016-2 – amended to increase the presumptively reasonable fee in chapter 13 cases from $4,000 to $4,500, and to clarify what the presumptively reasonable fee covers.
  • Local Rule 3002.1-1 – amended to clarify that a confirmed plan may provide for the chapter 13 trustee to pay the fees called for in notices filed under Rule 3002.1.
  • Local Rule 3015-4 – amended to clarify that a secured creditor may file a local form order for adequate protection payments in appropriate circumstances.  This change corresponds with the addition of Local Form 3015-4(c).
  • Local Rule 4001-1 – amended to provide that: (1) only motions for stay relief that are combined with motions to abandon property of the estate must contain language allowing the case trustee 14 days after the 341 meeting to object to abandonment; and (2) Subchapter V Trustees do not need to sign off on orders modifying the automatic stay.
  • Local Rule 4001-3 – amended to change the process by which chapter 13 debtors may obtain credit in excess of $5,000. This change corresponds with revised Local Form 4001-3-1.
  • Local Rule 4004-3 – amended to address discharge in individual chapter 11 cases, including those in which a hardship discharge is sought.
  • Local Rule 6008-1 – amended to clarify that secured creditors must be served with motions to redeem under Rule 7004(b) or (h), as appropriate.
  • Local Rule 9019-2 – a new rule that addresses motions to compromise in chapter 13 cases filed by a debtor.
• Official Forms:
  • Form 410 – Proof of Claim.
  • Form 423 – Certification About a Financial Management Course is abrogated.
• Local Forms:
  • Local Form 2016-2(a)(i) – Rights and Responsibilities of Chapter 13 Debtors and their Attorneys – modified to clarify the attorney’s responsibilities in connection with the 341 meeting, to increase the presumptively reasonable fee, and to clarify what is not included in the presumptively reasonable fee.
  • Local Form 3015-4(c) – new local form order for secured creditors to use to request adequate protection payments in appropriate circumstances.  Note that the order is entered on negative notice – meaning after it is entered, the parties in interest have 21 days to object before the order becomes final.
  • Local Form 4001-3-1 – changed significantly, in conjunction with Local Rule 4001-3, to allow chapter 13 debtors to seek approval of additional debt in excess of $5,000 to purchase a vehicle, a house, or for other purposes.  The Court does not require, and the chapter 13 Trustee does not object to, additional debt of $5,000 or less that is not affected by the chapter 13 discharge. Note that the form order will be entered on negative notice – meaning after it is entered, the parties in interest have 7 days to object before the order becomes final. 
• Director’s Forms
  • Form 1040 – Adversary Proceeding Cover Sheet.
  • Form 2000 – Required Lists, Schedules, Statements, and Fees.
  • Form 2630 – Bill of Costs.

Information regarding the Federal Rules of Bankruptcy Procedure effective as amended beginning December 1, 2024 can be viewed on the Current Rules of Practice & Procedure page of the United States Courts website. Information about current Official Forms as amended can be viewed here.

*DISCLAIMER: This resource was created by the U.S. Bankruptcy Court for the Eastern District of Kentucky for educational purposes only. It may not reflect the current state of the law, and is not intended to provide legal advice, guidance on litigation, or commentary on any pending case or legislation.