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Comment needed on bankruptcy local rule changes

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The United States Bankruptcy Court in the Southern District of Indiana is seeking comment on proposed amendments to its local rules. The changes include references to the local rules of the District Court.

The Advisory Committee on Local Rules recommended that the Bankruptcy Court’s local rules capture the specific language desired from the District Court’s rules, with just three rule exceptions.

The amendments also include a shift of responsibility for distribution or service of some documents from the clerk to the parties. The committee also seeks to make uniform the language used in the rules, particularly references to certificates of service and the distinction between “serving,” “distributing” and “sending” documents.

Comments on the amendments are due Aug. 17 and should be sent to Local_Rules_Comments@insb.uscourts.gov or Kevin Dempsey, Clerk, U.S. Bankruptcy Court, Room 116, Birch Bayh Federal Building and United States Courthouse, 46 E. Ohio St., Indianapolis IN 46204.

The proposed amendments to rule B-3015-1 on the distribution of Chapter 13 plans will have an effective date no earlier than Oct. 1, 2012, if adopted. All other rules if adopted will become effective in September 2012.


 

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  1. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

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  5. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

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