CAEB — Adoption of Interim Bankruptcy Rules

Source: https://www.caeb.uscourts.gov//documents/forms/generalorders/GO.05-02.pdf

Sparse pages use OCR; original PDF remains authoritative.

1 FILED 2 SEP 30 2005 3

4 UNITEDEASTERNSTATESDISTRICTBANKRUPTCYOF CALIFORNIACOURT

5

6 UNITED STATES BANKRUPTCY COURT

7 EASTERN DISTRICT OF CALIFORNIA

8 In re ) ) 9 ADOPTION OF INTERIM BANKRUPTCY ) GENERAL ORDER 05-02 RULES ) 10 ) 11

12 Whereas, on April 20, 2005, the Bankruptcy Abuse Prevention and Consumer

13 Protection Act of 2005 (the Act) was enacted into law; and

14 Whereas, most provisions of the Act are effective on October 17, 2005; and

15 Whereas, the Advisory Committee on Bankruptcy Rules has prepared Interim

16 Rules designed to implement the substantive and procedural changes mandated by

17 the Act; and

18 Whereas, the Committee on Rules of Practice and Procedure of the Judicial

19 Conference of the United States has also approved these Interim Rules and

20 recommends the adoption of the Interim Rules to provide uniform procedures for

21 implementing the Act; and

22 Whereas, the general effective date of the Act has not provided sufficient time

23 to promulgate rules after appropriate public notice and an opportunity for comment;

24 NOW THEREFORE, pursuant to 28 U.S.C. § 2071, Rule 83 of the Federal

25 Rules of Civil Procedure and Rule 9029 of the Federal Rules of Bankruptcy

26 Procedure, the attached Interim Rules are adopted in their entirety without change by

27 a majority of the judges of this Court to be effective October 17, 2005 to conform with

28 the Act. For cases and proceedings not governed by the Act, the Federal Rules of

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= oOo ON Oa Fk WwW DN Bankruptcy Procedure and the Local Rules of this Court, other than the Interim Rules, shall apply. The Interim Rules shall remain in effect until further order of the court. DATED: $0 Set Jo0s” FOR THE COURT: Se Honorable Michael S. McManus Chief Judge