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Bankruptcy Court seeking comment on proposed amendments

September 18, 2017

In order to comply with national requirements for Chapter 13 bankruptcy plans, the U.S. Bankruptcy Court for the Southern District of Indiana is modifying its current local plan and is seeking public comment on the proposed modifications.

Effective Dec. 1, the Federal Rules of Bankruptcy Procedure will be amended to require filers to use either the national version of a Chapter 13 plan or a local version that meets certain requirements. The Southern District Bankruptcy Court has opted to amend its local Chapter 13 plan to meet the national requirements. A copy of the proposed amended plan can be found here.

Additionally, the bankruptcy court is also seeking comment on proposed amendments to several local rules, including changes to the rules governing Chapter 13 procedures to better align those procedures with current practice and national rules. Other proposed rule amendments include:

•    Modifications to B-4004-3 and 4007-1 that would amend deadlines for filing a non-dischargeability complaint or a challenge to discharge
•    Clarifications to B-5011-1 and B-8006-1 regarding the process for designating the record to be transmitted to the district court
•    The addition of a new rule, B-7001-2, which would set the procedure for obtaining approval of the sale of co-owned property
•    An overhaul of B-9010-1 through -3, which relates to appearance and withdrawal of appearance rules
•    Improved instructions for obtaining withdrawal of a document with personal identifiers, as found in B-9037-1.

The full proposed text of the amended rules can be read here.

Comments on each of these proposed amendments are due by 5 p.m. Oct. 20. Comments can be submitted via email to Local_Rules_Comments@insb.uscourts.gov.

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