Bankruptcy Highlights

Courtroom Usage Study Reminder

The Bankruptcy Court is participating in a Courtroom Usage Study until December 14, 2009. Attorneys and Trustees who are first in and/or last out of a Bankruptcy Courtroom on the 6th Floor should sign in/out on the form located on the attorney table. We appreciate your assistance with this study. If you have any questions about the Study, feel free to contact Roberta Kostrow, Bankruptcy Operations Manager, roberta_kostrow_mow.uscourts.gov.

New Forms/Rules

Effective September 16, 2009, the Western District of Missouri Bankruptcy Court has approved 2009 General Order Amending Local Rule 3094-1 related to Payments on Real Property. The General Order can be accessed through the following link: http://www.mow.uscourts.gov/bankruptcy/rules/2009_go_amd_3094_pymts_rp.pdf

Also, December 1, 2009 marks the date for changes to the Federal Appellate, Bankruptcy, Civil, and Criminal Rules. The Judicial Conference's goal in making changes to the federal rules was to make the method of computing time consistent, simpler, and clearer. The changes adopt a consistent approach to counting intermediate weekends and holidays (they will now always be counted), clarify that the last day of a period for an electronic filing ends at midnight in the court's time zone, and convert most deadlines of less than 30 days to a multiple of 7 days (7, 14, 21, and 28-day deadlines) so deadlines will usually fall on weekdays.

The Bankruptcy Local Rules in Western District of Missouri will be amended to conform to the new federal rules. A posting of the proposed amended local rules and an announcement was made requesting public comments by October 30th.

Lastly, a new federal form has been created and two other federal forms have been modified. These forms will take effect on December 1, 2009 and can be found at: http://www.uscourts.gov/bankform/index.html

The new Reaffirmation Agreement Cover Sheet (B27) must be filed with every Reaffirmation Agreement for cases filed on or after 10/17/2005.The new Reaffirmation Agreement Cover Sheet (B27) applies to all cases filed on or after 10/17/2005. The form gathers financial information necessary for the court to determine whether a reaffirmation agreement creates a presumption of undue hardship under ยง 524(m) of the Code. The form also implements the requirements of Bankruptcy Rule 4008(b) (effective 12/1/2008), requiring disclosure in concert with the filing of any reaffirmation agreement of any differences between the income and expenses reported on schedules I and J and the income and expenses reported in the debtor's statement in support of the reaffirmation agreement.  Also, Exhibit D to the voluntary petition and the Debtor's Certification of Completion of Instructional Course Concerning Financial Management (B23) have been modified to reflect deadline changes incorporated in the Federal Bankruptcy Rules effective December 1, 2009.

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