1. 2017 Bankruptcy Rules Revisions

2. 2017 Bankruptcy Rules Revisions
What’s Changing?
Release scheduled to be distributed to the courts in mid September, contains changes that affect bankruptcy rules changes, forms, dictionary events and deadlines, and other CM/ECF programs.

3. 2017 Bankruptcy Rules Revisions
What’s Changing on December 1, 2017
Adoption of a national B113 Chapter 13 Plan form, or local equivalent
Option to include embedded:
Valuations of secured claim
Lien avoidance
Assumption/rejection of executory contracts/unexpired leases
Lifting of automatic stay to surrender collateral
New case flags silently set for each of the embedded requests that the court chooses to allow
A new official form B113 has been introduced for filing a chapter 13 plan. Since many courts have chosen to use a local form for the chapter 13 plan, Bankruptcy Rule discusses the requirements that should be included for local form modifications.
The court can choose to accept any or all of the four embedded requests with the filing of the chapter 13 plan.

4. 2017 Bankruptcy Rules Revisions
Statistical Reporting for Embedded Requests
New utility events that include the appropriate SD codes should be docketed for statistical reporting purposes.
An event to terminate the utility event must also be docketed, e.g., Terminate Document or Order Confirming Plan event.
If motions are to be filed separately, traditional docketing of a motion and order will report the contested matter statistical codes appropriately.
For statistical reporting purposes, it is necessary to docket an entry for the embedded request that is included with the filing of the chapter 13 plan.
Four utility events have been created for the embedded valuations of secured claim, avoidance of lien, assumption or rejection of executory contracts or unexpired leases, and automatic stay.
The utility events will also have to be terminated through events such as Terminate Document or the Order Confirming Plan event.
If your court chooses to have the embedded requests filed separately from the plan as motions, then the traditional docketing of a motion followed by an order will report the contested matter statistical codes appropriately.

5. 2017 Bankruptcy Rules Revisions
What’s Changing by December 1, 2017
Proof of claim deadline in voluntary chapters 7, 12, or 13 is changing from 90 days from the setting of the first §341 meeting to 70 days from filing date of the petition or conversion date (Rule 3002).
Chapter 12 and 13 debtors may request an order declaring a lien satisfaction and release (Rule 5009).
Other dictionary event modifications and additions must be made.
Rule 3002 modifies the pclm deadline setting for voluntary chapters 7, 12, and 13 from 90 days from the 341 meeting of creditors, to 70 days from the petition’s filing date or conversion date.
This will require changes for the proof of claim deadline calculations in the 341 meeting events.
Calculations should be changed from 90 days from the 341 meeting date to 70 days from the case filed date.
If a court bases the proof of claim deadline setting from the CM/ECF deadlines table, then those calculations should be removed and made within the 341 meeting events as mentioned above.
Rule 5009 states that the debtor(s) in chapter 12 and 13 cases may request an order declaring that a lien has been satisfied and released so a new motion and order event may be needed in the court’s dictionary.
SDSO Training Division will provide a guideline for the creation of all new events and current event modifications for this release.

6. 2017 Bankruptcy Rules Revisions
What’s Changing by December 1, 2017
Language changes to §341 meeting notices
Modifications to Judge/Trustee/341 Meeting Assignment program for 70-day proof of claim deadline setting
Modifications to the Case Upload program for acceptance of embedded requests
Modifications to EditAutoAssign DPF for manual or automatic pclm deadline setting
There are small language changes to 341 meeting notices 309F, 309G, 309H, and 309I.
New form templates will be included in this release of software. However, because of local court customizations that may have been made to these notices, a court can choose to manually make these small language changes to their forms instead of using the templates included in the release software.
Due to the new calculations for the proof of claim deadline, other programs have been modified. These programs include Judge/Trustee/341 Meeting Assignment and the Case Upload program. The EditAutoAssign DPF that many courts use in their conversion events may require event modification as well.
NOTE: Third-party vendor software for bankruptcy case opening, i.e., BestCase, have been made aware of rules changes that will require their software to be modified as well.

7. 2017 Bankruptcy Rules Revisions
Chapter 13 Event
Prompts for embedded request selections will appear.
This docketing screen illustrates how the chapter 13 event could be modified.
The user will be prompted for selecting any of the four embedded requests that could be filed with the plan.
Case flags for the request(s) selected will be silently set on the case for monitoring through the Case Flags report.
Case flags will be silently set based on selected requests.

8. 2017 Bankruptcy Rules Revisions
Chapter 13 Event Docket Text
The requests selected from the previous prompts will be included in the final docket text of the chapter 13 plan.
Docket text includes embedded requests selected.

9. 2017 Bankruptcy Rules Revisions
Resources
The SDSO Training Division will provide new materials when available on the training website to help courts be aware of and prepare for this implementation.
The SDSO Training Division will provide WebEx sessions to review specific rules, forms, and software changes.
Courts are advised to begin analysis of these changes now, since some of the preparations will require extensive planning and foresight, including procedural changes and dictionary modifications.
To assist the court with the various changes included in this release, SDSO Training Division will provide materials for awareness and preparation on the SDSO Training webpage.
The SDSO Training Division will also provide WebEx learning sessions at a later date.
It is recommended that courts begin the analysis of these rule changes now as they will require preparation, discussion, planning and training time.

10. 2017 Bankruptcy Rules Revisions
Resources
A 2017 Bankruptcy Forms Revision Expert panel comprised of court representatives and AO staff is working to provide additional guidance for changes.
MO-E Bankruptcy Court is hosting a site to assist with analyzing rules and form changes effective December 1, 2017.
MO-E site also contains sample Chapter 13 Plan forms with changes submitted by other courts.
Visit for more information.
A Bankruptcy Forms Revision panel comprised of court representatives and AO staff have been working to provide additional guidance.
Missouri Eastern Bankruptcy Court is hosting a site to assist with analyzing rules and forms changes as they did in 2015.
Please visit for more information.

11. MO-E host site: http://156.127.100.8/rules/rules.pl
Select a specific rule or click Create Report to view all rules being modified.
Click Create Report to view or print questions and comments by courts or AO staff.
This screen capture displays the information provided on the Missouri Eastern Bankruptcy Court site.
A listing of the rules effective December 1, 2017, can be selected by specific rule, or click Create Report to view all of the rule changes.
Each rule has been compared with its current language versus the language that will take effect on December 1, 2017.
Strikeouts or red font additions have been made to indicate deletions or changes to the rule.
Any questions, comments, or responses that have been submitted by the courts or AO staff can be printed or reviewed as well.
At the bottom of the page, in the section labeled Chapter 13 Plan Report, Interim and Final Chapter 13 Plan forms, etc., the Create Report button can be selected to view court submissions of their customized local chapter 13 plans.
Click Create Report to view sample court Chapter 13 plan forms.

12. MO-E host site: http://156.127.100.8/rules/rules.pl
Local Chapter 13 Plan forms that have been submitted from the courts to Missouri Eastern bankruptcy court are available for review.