Bankruptcy and Restructuring Blog

In August 2005, the Advisory Committee on Bankruptcy Rules approved Interim Bankruptcy Rules and Official Forms designed to implement and reflect the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. These Interim Bankruptcy Rules were amended on October 13, 2005. The interim rules are designed to implement the substantive and procedural changes mandated by BAPCPA and are intended to bridge the gap between the effective date of BAPCPA and the promulgation of rules by the Supreme Court. As of December 1, 2005, certain of these rules and forms officially took effect. The full text of the new rules and forms is available at http://www.uscourts.gov/rules/archive.htm#bk2005, under "Bankruptcy." Some of the additional proposed rules and forms remained subject to public comment until February 15, 2006, and therefore, have not yet become effective. The text of these rules can be accessed at http://www.uscourts.gov/rules/newrules6.html#bk0804. Additional information on all the Interim Rules and Official Forms, as well as related legislative developments, can be found at www.uscourts.gov/rules. All of the revised forms are available at http://www.uscourts.gov/rules/new_and_revised_official_forms.html.

The Bankruptcy Court for the Central District of California has adopted the Interim Bankruptcy Rules, effective October 17, 2005. The full text of both versions of the Interim Rules can be can be accessed from the Central District of California Bankruptcy Court’s website at www.cacb.uscourts.gov under under "Home : Forms/Rules/General Orders : LOCAL BANKRUPTCY RULES AND FORMS." In addition, certain new local rules and forms have been promulgated by the Bankruptcy Court for the Central District of California to accommodate BAPCPA. The new forms are outlined in Public Notice 05-014 (10/6/05) and Public Notice 05-016 (10/13/05), which can be accessed from the Court’s website at www.cacb.uscourts.gov under “Home : News, Notices, & Publications : PUBLIC NOTICE.”