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Interim Rules and Official Forms Implementing the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005

On April 20, 2005, the President signed the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (Pub. L. No. 109-08, 119 Stat. 23.) The Act, which exceeds 500 pages in length, makes significant changes to the Bankruptcy Code and affects nearly every aspect of bankruptcy cases. The Act generally takes effect on October 17, 2005. (Several provisions were effective upon enactment, while other provisions have individualized effective dates.) Because this does not provide sufficient time to promulgate rules under the Rules Enabling Act, courts are urged to adopt Interim Bankruptcy Rules, which were approved by the Advisory Committee on Bankruptcy Rules and the Committee on Rules of Practice and Procedure. Amended and new Official Forms have been adopted by the Judicial Conference to implement the new law. The following documents include the Interim Rules and Official Forms as well as Committee Notes and memoranda on the Interim Rules and Official Forms prepared by the Advisory Committee on Bankruptcy Rules (the Advisory Committee).

The Interim Rules are expected to apply to bankruptcy cases from October 17, 2005, until final rules are promulgated and effective under the regular Rules Enabling Act process. The Advisory Committee and Committee on Rules of Practice and Procedure expect to publish for public comment proposed new and amended Federal Rules of Bankruptcy Procedure — based substantially on the Interim Rules modified as appropriate after considering comments from the bench and bar as a result of the use of the Interim Rules — and any additional revisions to the Official Forms in August 2006. In the meantime, the Advisory Committee will review the experiences of the bench, bar, and public and seeks written comments on the use of the Interim Rules and Official Forms. Comments may be sent to:

Peter G. McCabe, Secretary
Committee on Rules of Practice and Procedure
Thurgood Marshall Federal Judiciary Building
Washington, D.C. 20544

Comments may also be submitted electronically by clicking on the link below. All comments are made part of the official record and are available to the public.

 

* The Official Forms are posted in PDF format. Copies of the Official Forms in their native format (e.g., Word, WordPerfect) are available on request from the Rules Committee Support Office at 202-502-1820.