7th Circuit, Bankruptcy Court seek comment on rule changes

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The 7th Circuit Court of Appeals and the United States Bankruptcy Court for the Northern District of Indiana want to hear from attorneys about proposed rule changes.

The 7th Circuit looks to revise Circuit Rules 3, 10, 11, 22, 26.1, 28, 34, 45 and 46. Some of the changes deal with updating language to include electronic submissions or format or use of email.

Rule 34 seeks to extend the notice a clerk must receive in advance as to who will present oral argument from two days to five days.

Rule 45 on fees has been rewritten to make fees collected by the clerk in accordance with the Court of Appeals Miscellaneous Fee Schedule established by the Judicial Conference of the United States under 28 U.S.C. Section 1913.

Under Rule 46, attorneys who seek admission to the 7th Circuit will pay a $15 local fee plus a national fee based on the Miscellaneous Fee Schedule.

Comments must be received by Aug. 1. All of the proposed changes are available on the court’s website, as well as the email and street address to direct comments.

The Bankruptcy Court is accepting public comment concerning a proposed change to Local Rule B-2002-2, Notice of Opportunity to Object to Motions.

The change would amend the rule for clarification by changing Paragraph (a)(24) from “Applications to employ professionals nun pro tunc” to “Applications to employ professionals retroactively.” The amendment also would add additional explanatory commentary.

Comments must be received by July 2. The mailing address and email to direct comments to, as well as the proposed change, are available on the court’s website.


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  1. Lori, you must really love wedding cake stories like this one ... happy enuf ending for you?

  2. This new language about a warning has not been discussed at previous meetings. It's not available online. Since it must be made public knowledge before the vote, does anyone know exactly what it says? Further, this proposal was held up for 5 weeks because members Carol and Lucy insisted that all terms used be defined. So now, definitions are unnecessary and have not been inserted? Beyond these requirements, what is the logic behind giving one free pass to discriminators? Is that how laws work - break it once and that's ok? Just don't do it again? Three members of Carmel's council have done just about everything they can think of to prohibit an anti-discrimination ordinance in Carmel, much to Brainard's consternation, I'm told. These three 'want to be so careful' that they have failed to do what at least 13 other communities, including Martinsville, have already done. It's not being careful. It's standing in the way of what 60% of Carmel residents want. It's hurting CArmel in thT businesses have refused to locate because the council has not gotten with the program. And now they want to give discriminatory one free shot to do so. Unacceptable. Once three members leave the council because they lost their races, the Carmel council will have unanimous approval of the ordinance as originally drafted, not with a one free shot to discriminate freebie. That happens in January 2016. Why give a freebie when all we have to do is wait 3 months and get an ordinance with teeth from Day 1? If nothing else, can you please get s copy from Carmel and post it so we can see what else has changed in the proposal?

  3. Here is an interesting 2012 law review article for any who wish to dive deeper into this subject matter: Excerpt: "Judicial interpretation of the ADA has extended public entity liability to licensing agencies in the licensure and certification of attorneys.49 State bar examiners have the authority to conduct fitness investigations for the purpose of determining whether an applicant is a direct threat to the public.50 A “direct threat” is defined as “a significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices or procedures, or by the provision of auxiliary aids or services as provided by § 35.139.”51 However, bar examiners may not utilize generalizations or stereotypes about the applicant’s disability in concluding that an applicant is a direct threat.52"

  4. We have been on the waiting list since 2009, i was notified almost 4 months ago that we were going to start receiving payments and we still have received nothing. Every time I call I'm told I just have to wait it's in the lawyers hands. Is everyone else still waiting?

  5. I hope you dont mind but to answer my question. What amendment does this case pretain to?