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Rule, Form, and Fee Changes Effective December 1, 2014

The following changes to the Miscellaneous Fee Schedule will be effective December 1, 2014. 

(14) Upon notice from the court of appeals that a direct appeal or direct cross-appeal has been authorized, an additional fee of $157 207 must be collected.

(21) For filing a motion to redact a record, $25 per affected case.  The court may waive this fee under appropriate circumstances.

 

The following Official Forms have been updated and will be effective December 1, 2014.

B3A Application for Individuals to Pay the Filing Fee in Installments

B3B Application to Have the Chapter 7 Filing Fee Waived

B06 Summary

B17A Notice of Appeal and Statement of Election

B17B Optional Appellee Statement of Election to Proceed in District Court

B17C Certificate of Compliance with Rule 8015(a)(7)(B) or 8016(d)(2)

B22A-1 Chapter 7 Statement of Your Current Monthly Income

B22A-1Supp Statement of Exemption from Presumption of Abuse Under §707(b)(2)

B22A-2 Chapter 7 Means Test Calculation

B22B Chapter 11 Statement of Your Current Monthly Income

B22C-1 Chapter 13 Statement of Your Current Monthly Income and Calculation of Commitment Period

B22C-2 Chapter 13 Calculation of Your Disposable Income

 

The following changes to the Federal Rules of Bankruptcy Procedure will be effective December 1, 2014.

Rule 1014(b) – The amendment to Rule 1014(b) provides that proceedings in subsequently filed cases are stayed only upon order of the court in which the first-filed petition is pending, and would expand the list of persons entitled to receive notice of a motion in the first court for a determination of where the related cases should proceed. 

Rule 7004(e) – The amendment to Rule 7004(e) alters the period of time during which service of the summons and complaint must be made, reducing the period from 14 days to 7 days after issuance of the summons.

Rules 7008(b) and 7054 - Procedure for seeking attorney’s fees in bankruptcy proceedings.  Rule 7008(b) will be deleted.  Rule 7054 will include the procedures for seeking an award of attorney’s fees, unless the governing substantive law requires the fees to be provided at trial as an element of damages.

Rules 8001-8028 – Rules Governing Appeals.  Amendments will (1) bring the bankruptcy appellate rules into closer alignment with the Federal Rules of Appellate Procedure; (2) incorporate a presumption favoring electronic transmission, filing and service of court documents; and (3) adopt a clearer and simpler style.