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New York Bankruptcy Litigation Developments in Bankruptcy Law within the State of New York and the Second Circuit

Bankruptcy Rule Amendments Adopted by U.S. Supreme Court Pending Congressional Review

Posted in Bankruptcy Law Updates

In April 2013, the Supreme Court of the United States adopted proposed amendments to Bankruptcy Rules 1007(b)(7), 4004(c)(1), 5009(b), 9006(d), 9013, and 9014.  A link to the Supreme Court’s Communication is as follows: http://www.gpo.gov/fdsys/pkg/CDOC-113hdoc28/pdf/CDOC-113hdoc28.pdf

The pending amendments will take effect on December 1, 2013, unless Congress enacts legislation to reject, modify, or defer them, and they will govern in proceedings thereafter commenced and, insofar as just and practicable, all proceedings then pending. The amendments adopted by the Supreme Court can be found at:

http://www.uscourts.gov/RulesAndPolicies/rules/pending-rules.aspx

Of relevance, several amendments relate to time limits for service of motions and responses, a summary of which are as follows:

Rule 9006(d) currently covers only the timing of serving opposing affidavits. The proposed amendment would expand the coverage of subdivision (d) to address the timing of the service of any written response to a motion.

Rule 9014, which addresses contested matters in bankruptcy, is amended to provide a cross-reference to the time periods in Rule 9006(d) for serving motions and responses.

Carl D. Neff is a bankruptcy attorney with the law firm of Fox Rothschild LLP.  Carl is admitted in the States of New York and Delaware and practices before the United States Bankruptcy Courts  in those jurisdictions.  You can reach Carl at (302) 622-4272 or at cneff@foxrothschild.com.