CAEB — Order Adopting Revision to Interim Rule 1007-1

Source: https://www.caeb.uscourts.gov//documents/forms/generalorders/GO.09-03.pdf

Sparse pages use OCR; original PDF remains authoritative.

= oO ON OOO FF WwW NY FILED UNITED STATES BANKRUPTCY COURT DEC - | 2009 EASTERN DISTRICT OF CALIFORNIA ; UNITED STATES BANKRUPTCY Gl EASTERN DISTRICT OF CALIFO4 URT NIA In re ORDER ADOPTING REVISION TO INTERIM RULE 1007-1 GENERAL ORDER 09-03 WHEREAS, on October 20, 2008, the National Guard and Reservists Debt Relief Act of 2008 (the Act) was enacted into law; and WHEREAS, the provisions of the Act are effective December 19, 2008; and WHEREAS, the Advisory Committee on Bankruptcy Rules prepared new Interim Rule 1007-1, Lists, Schedules, and Other Documents; Time Limits; Expiration of Temporary Means Testing Exclusion, and amended Official Form 22A, Statement of Current Monthly Income and Means Test Calculation, creating a new Part 1C therein; and WHEREAS, the Committee on Rules of Practice and Procedure of the Judicial Conference of the United States approved the new Interim Rule and amended form and recommended the adoption of both by the Judicial Conference of the United States to provide for uniform procedures and means by which to implement the Act; and WHEREAS, the Executive Committee, acting on behalf of the Judicial Conference of the United States, having approved both recommendations, has transmitted the Interim Rule to the courts for adoption by standing order, effective December19, 2008; and WHEREAS, the Court adopted Interim Rule 1007-1 in its entirety without change effective December 19, 2008; and WHEREAS, Interim Rule 1007-1 includes time deadlines contained in Federal Rule of Bankruptcy Procedure 1007 (Rule 1007), which will be revised effective December 1, 2009, unless Congress acts to the contrary, as part of a comprehensive package of changes to time periods in all federal rules of practice and procedure, and WHEREAS, it is necessary to revise Interim Rule 1007-I, effective December 1,

oo Oo ON OD TO FF WO DY = Mh PP MO DM NM NDP PND KY NY S| AB 9 BS S| S| Se =| = = oa nN DO HT FF WHY =F DOD GO DON DW oO FF WOW NY = 2009, to conform to the time deadline changes in Rule 1007, as follows: the 10-day period in Rule 1007(h) and the 15-day periods in subdivisions (a)(2), (a)(3), (c), and (f) of the rule all become 14-day periods; and WHEREAS, the general effective date of the Act has not provided sufficient time to promulgate rules after appropriate public notice and an opportunity for comment; NOW, THEREFORE, IT IS ORDERED that pursuant 28 U.S.C. § 2071, Rule 83 of the Federal Rules of Civil Procedure, and Rule 9029 of the Federal Rules of Bankruptcy Procedure, the attached revised Interim Rule 1007-I is adopted in its entirety without change by this Court effective December 1, 2009, to conform to the Act. For cases and proceedings not governed by the Act, the Federal Rules of Bankruptcy Procedure and the Local Rules of this Court, other than Interim Rule 1007-1, shall apply. The Act applies only to cases commenced in the three-year period beginning on the effective date of the Act, as set forth herein. Revised Interim Rule 1007-| shall remain in effect until further order of the Court. DATED: Ec ~1 2009 FOR THE COURT Me HonorablewWhristopher M. Klein, Chief Judg