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- April 27, 1995
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- Dear Mr. President:
-
- By direction of the Supreme Court of the United
- States, I have the honor to submit to the Congress the
- amendments to the Federal Rules of Bankruptcy Procedure
- that have been adopted by the Supreme Court of the
- United States pursuant to Section 2075 of Title 28,
- United States Code. To maintain uniformity between
- revised and unrevised Rules, the court has edited the
- amendments transmitted to the Supreme Court by the
- Judicial Conference of the United States to use the
- word "shall" in a consistent manner.
-
- The rules are accompanied by an excerpt from the
- report of the Judicial Conference of the United States'
- Committee on Rules of Practice and Procedure and that
- Committee's Advisory Committee Notes. In order to
- minimize confusion, a footnote noting the changes made
- by the Supreme Court has been added to the marked-up
- version of the proposed amendments that accompanies the
- Advisory Committee Notes.
-
- Sincerely,
-
-
-
-
-
-
-
- Honorable Al Gore
- President, United States Senate
- Washington, D.C. 20510
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-
-
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- April 27, 1995
-
-
-
-
-
-
-
-
- Dear Mr. Speaker:
-
- By direction of the Supreme Court of the United
- States, I have the honor to submit to the Congress the
- amendments to the Federal Rules of Bankruptcy Procedure
- that have been adopted by the Supreme Court of the
- United States pursuant to Section 2075 of Title 28,
- United States Code. To maintain uniformity between
- revised and unrevised Rules, the Court has edited the
- amendments transmitted to the Supreme Court by the
- Judicial Conference of the United States to use the
- word "shall" in a consistent manner.
-
- The rules are accompanied by an excerpt from the
- report of the Judicial Conference of the United States'
- Committee on Rules of Practice and Procedure and that
- Committee's Advisory Committee Notes. In order to
- minimize confusion, a footnote noting the changes made
- by the Supreme Court has been added to the marked-up
- version of the proposed amendments that accompanies the
- Advisory Committee Notes.
-
- Sincerely,
-
-
-
-
-
-
-
- Honorable Newt Gingrich
- Speaker of the House of Representatives
- Washington, D.C. 20515
-
-
- SUPREME COURT OF THE UNITED STATES
-
- Thursday, April 27, 1995
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-
-
-
- ORDERED:
-
- 1.That the Federal Rules of Bankruptcy
- Procedure be, and they hereby are, amended by including
- therein amendments to Bankruptcy Rules 8018 and 9029.
-
- [See infra., pp. .]
-
- 2.That the foregoing amendments to the Federal
- Rules of Bankruptcy Procedure shall take effect on
- December 1, 1995, and shall govern all proceedings in
- bankruptcy cases thereafter commenced and, insofar as
- just and practicable, all proceedings in bankruptcy
- cases then pending.
-
- 3.That THE CHIEF JUSTICE be, and hereby is,
- authorized to transmit to the Congress the foregoing
- amendments to the Federal Rules of Bankruptcy Procedure
- in accordance with the provisions of Section 2075 of
- Title 28, United States Code.
-
-
-
-
- PROPOSED AMENDMENTS TO THE
- FEDERAL RULES OF BANKRUPTCY PROCEDURE
-
- Rule 8018. Rules by Circuit Councils and District Courts;
- Procedure When There is No Controlling Law
-
- (a) Local Rules by Circuit Councils and District Courts.
- (1) Circuit councils which have authorized bankruptcy
- appellate panels pursuant to 28 U.S.C. 158(b) and the district
- courts may, acting by a majority of the judges of the council or
- district court, make and amend rules governing practice and
- procedure for appeals from orders or judgments of bankruptcy
- judges to the respective bankruptcy appellate panel or district court
- consistent with -- but not duplicative of -- Acts of Congress and
- the rules of this Part VIII. Local rules shall conform to any
- uniform numbering system prescribed by the Judicial Conference
- of the United States. Rule 83 F.R.Civ.P. governs the procedure for
- making and amending rules to govern appeals.
- (2) A local rule imposing a requirement of form shall
- not be enforced in a manner that causes a party to lose rights
- because of a nonwillful failure to comply with the requirement.
- (b) Procedure When There is No Controlling Law. A
- bankruptcy appellate panel or district judge may regulate practice
- in any manner consistent with federal law, these rules, Official
- Forms, and local rules of the circuit council or district court. No
- sanction or other disadvantage may be imposed for noncompliance
- with any requirement not in federal law, federal rules, Official
- Forms, or the local rules of the circuit council or district court
- unless the alleged violator has been furnished in the particular case
- with actual notice of the requirement.
- Rule 9029. Local Bankruptcy Rules;
- Procedure When There is No Controlling Law
-
- (a) Local Bankruptcy Rules.
- (1) Each district court acting by a majority of its district
- judges may make and amend rules governing practice and
- procedure in all cases and proceedings within the district court's
- bankruptcy jurisdiction which are consistent with -- but not
- duplicative of -- Acts of Congress and these rules and which do not
- prohibit or limit the use of the Official Forms. Rule 83
- F.R.Civ.P. governs the procedure for making local rules. A district
- court may authorize the bankruptcy judges of the district, subject
- to any limitation or condition it may prescribe and the requirements
- of 83 F.R.Civ.P., to make and amend rules of practice and
- procedure which are consistent with -- but not duplicative of --
- Acts of Congress and these rules and which do not prohibit or limit
- the use of the Official Forms. Local rules shall conform to any
- uniform numbering system prescribed by the Judicial Conference
- of the United States.
- (2) A local rule imposing a requirement of form shall not
- be enforced in a manner that causes a party to lose rights because
- of a nonwillful failure to comply with the requirement. (b)
- Procedure When There is No Controlling Law. A judge may
- regulate practice in any manner consistent with federal law, these
- rules, Official Forms, and local rules of the district. No sanction
- or other disadvantage may be imposed for noncompliance with any
- requirement not in federal law, federal rules, Official Forms, or the
- local rules of the district unless the alleged violator has been
- furnished in the particular case with actual notice of the
- requirement.
-