| AMENDMENTS
TO THE FEDERAL RULES OF BANKRUPTCY PROCEDURE
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Interim Rules and Official Forms Implementing
the Bankruptcy Abuse Prevention and Consumer Protection Act
of 2005
On April 20, 2005, the President signed the
Bankruptcy Abuse Prevention and Consumer Protection Act of
2005 (Pub. L. No. 109-08, 119 Stat. 23.) The Act, which exceeds
500 pages in length, makes significant changes to the Bankruptcy
Code and affects nearly every aspect of bankruptcy cases.
The Act generally takes effect on October 17, 2005. (Several
provisions were effective upon enactment, while other provisions
have individualized effective dates.) Because this does not
provide sufficient time to promulgate rules under the Rules
Enabling Act, courts are urged to adopt Interim Bankruptcy
Rules, which were approved by the Advisory Committee on Bankruptcy
Rules and the Committee on Rules of Practice and Procedure.
Amended and new Official Forms have been adopted by the Judicial
Conference to implement the new law. The following documents
include the Interim Rules and Official Forms as well as Committee
Notes and memoranda on the Interim Rules and Official Forms
prepared by the Advisory Committee on Bankruptcy Rules (the
Advisory Committee).
The Interim Rules are expected to apply to bankruptcy
cases from October 17, 2005, until final rules are promulgated
and effective under the regular Rules Enabling Act process.
The Advisory Committee and Committee on Rules of Practice
and Procedure expect to publish for public comment proposed
new and amended Federal Rules of Bankruptcy Procedure —
based substantially on the Interim Rules modified as appropriate
after considering comments from the bench and bar as a result
of the use of the Interim Rules — and any additional
revisions to the Official Forms in August 2006. In the meantime,
the Advisory Committee will review the experiences of the
bench, bar, and public and seeks written comments on the use
of the Interim Rules and Official Forms. Comments may be sent
to:
Peter G. McCabe, Secretary
Committee on Rules of Practice and Procedure
Thurgood Marshall Federal Judiciary Building
Washington, D.C. 20544
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