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New Bankruptcy Rules Effective December 1st

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Revisions to the Bankruptcy Rules take effect December 1st. Of particular note are amendments intended to resolve two ambiguities in the existing rules:

  • First, some courts have held that service of process under Rule 7004(b)(3) to an "officer, managing or general agent" or under Rule 7004(h) to an "officer" of a federally insured institution requires service addressed to a specific individual in one of those roles. A new Rule 7004(i) will specify that service by title or position is adequate.

  • Second, existing Rule 3002(c)(6) authorizes courts to extend the time for a creditor to file a proof of claim when the notice to the creditor was insufficient, but it includes some confusing language that arguably limits the scope of this authority quite significantly. The revised rule will provide clear authority to extend the filing deadline whenever notice to a creditor is insufficient under the circumstances to give the creditor a reasonable time to file a proof of claim.

John Rao at NCLC has a good summary of these changes (and also a summary of amendments to Rule 5005): https://library.nclc.org/article/effective-december-1-new-rules-simplify-consumer-bankruptcy-practice.


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