`

Public comment sought for Southern District Bankruptcy Court proposed amendments

November 9, 2018

The United States Bankruptcy Court for the Southern District of Indiana is seeking public comment concerning proposed amendments to the court’s local rules, including some required by changes to national rules.  

Amendments required by changes made to national rules that go into effect Dec. 1 will appear in Local Rules B-3002.1-1 and -2, and in B-5005-1. First, changes made to Rule B-3002.1-1 would introduce a new ECF event, “Motion to Determine Validity of Payment Change,” which states that if no motion is filed by the day before the new amount is due, the change goes into effect, unless the Court orders otherwise.

Then in Rule B-3002.1-2, two sections would be added under “Duty to Provide Information” and “Objection.” New language in Section (c) would require creditors subject to an exception to provide the debtor and trustee with a monthly statement “that clearly identifies the payment amount due on the claim.” Further, the amendment to Rule B-5005-1 would allow parties not represented by counsel to file documents on paper.

A new addition to the local rules, Rule 1008-1, would establish the obligation to verify the creditor list or “matrix.” This verification would be included in case filing software, so the rule would be aimed at pro se filers. Additionally, in Rule 2002-1 section (g)(2), the amendment would change the requirement to file a notice of address unavailability for a creditor that cannot be located to a discretionary action.

The proposed amendments would also make changes to Rule 7007-1 by making edits that would match changes made to the district court’s comparable local rule 7-1. This would shorten the time for a reply to certain motions to dismiss to 21 days and would clarify that when the complainant has the right to file an amended complaint without a court order, thE amended complaint can be a response to the motion to dismiss.

Additional edits reflect an “ongoing effort to impose a uniform style on and bring better clarity to the local rules.”

Comments and suggestions will be accepted from members of the bench, bar and public no later than 5 p.m. Wednesday, Nov. 28. Comments can be sent via email to Local_Rules_Comments@insb.uscourts.gov.

 The full list of proposed amendments can be read here.

ADVERTISEMENT

Recent Articles by IL Staff