CANB — General Order 37 (5th Amended) Interim Rule 1020, Amended Official Form 201 Discontinued, 4th Amended General Order 37 Abrogated

Source: https://www.canb.uscourts.gov/sites/default/files/general-orders/5th%20Amended%20General%20Order%2037%20Signed.pdf

1 UNITED STATES BANKRUPTCY COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 In re 5 DISCONTINUE USE OF INTERIM RULE 6 1020 AND TEMPORARY AMENDED Fifth Amended General Order 37 7 OFFICIAL FORM 201; and 8 Dated: July 9, 2024 ABROGATION OF FOURTH AMENDED 9 GENERAL ORDER 37. 10 11 Since 2019, with adoption of the Small Business Reorganization Act of 2019 (the “SBRA”), the debt limit to qualify as a debtor in a case filed under Subchapter V of Chapter 11,12 and the rules and forms to implement the debt limit, have changed several times. 1 For one of the13 more recent changes, effective June 21, 2022, the Bankruptcy Threshold Adjustment and 14 Technical Corrections Act (the “BTATC Act”) reinstated a $7,500,000 debt limit for Subchapter 15 V cases. To implement this debt limit the Court adopted, inter alia, a BTATC Act based Interim 16 Rule 1020, and a temporary amended Official Form 201. (Third Amended General Order 37). 17 Thereafter, effective December 1, 2022, most of the initial SBRA-based interim rules 18 ceased being interim and became regular Bankruptcy Rules, and the temporary form changes 19 became permanent, except the BTATC Act based Interim Rule 1020 remained interim, and the 20 temporary amended Official Form 201 remained temporary. Accordingly, this Court retained the 21 continued use of the BTATC Act based Interim Rule 1020, and the temporary amended Official 22 Form 201 for Subchapter V cases. (Fourth Amended General Order 37). 23 24 25 26 1 SBRA required the adoption of several SBRA interim rules and temporary changes to Official Forms. In addition to the SBRA, the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”), and the Bankruptcy27 Threshold Adjustment and Technical Corrections Act also modified the Subchapter V debt limit. For an extensive history of the Subchapter V debt limit increases and reductions, and the related rule and form changes see the Fourth28 Amended General Order 37.

DISCONTINUE USE OF INTERIM RULE 1020 AND TEMPORARY AMENDED OFFICIAL FORM 201

Effective June 22, 2024, pursuant the BTATC Act, the $7,500,000 debt ceiling in 1 Subchapter V cases expired, and as a result the BTATC Act based Interim Rule 1020 and the 2 temporarily amended Official Form 201 are no longer effective or required. 3 NOW THEREFORE, pursuant to 28 U.S.C. § 2071, Rule 83 of the Federal Rules of 4 Civil Procedure, and Rule 9029 of the Federal Rules of Bankruptcy Procedure, the Court 5 ORDERS as follows: 6 1) Fourth Amended General Order 37 is hereby abrogated, and 7 2) Use of the BTATC Act based Interim Rule 1020, and temporary amended Official 8 Form 201 in this Court are discontinued. 9 10 IT IS SO ORDERED. 11 Dated: July 9, 2024 12 13 Stephen L. Johnson Chief Bankruptcy Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

DISCONTINUE USE OF INTERIM RULE 1020 AND TEMPORARY AMENDED OFFICIAL FORM 201