On December 1, 2022, the Federal Rules of Bankruptcy Procedure were updated to incorporate the interim rule changes based on the Small Business Reorganization Act of 2019, as well as to revise general rules 3002, 5005, 7004, and 8023.
The SBRA-Related Amendments are:
For more detailed explanations of these rule changes, see redlines of the amended text and committee notes on the changes in House Document 117-108.
The General Rule Amendments are:
In addition to the rule amendments, there were changes to three forms: Official form 309E1, Notice of Chapter 11 Bankruptcy Case for Individuals or Joint Debtors; Official Form 309E2, Notice of Chapter 11 Bankruptcy Case for Individuals or Joint Debtors Under Subchapter V; and, most notably, Official Form 101, Voluntary Petition for Individuals Filing for Bankruptcy, which was modified to make clear that Part 1, Question 2 refers to personal names previously used by the debtor, not names used by other legal entities. This Form 101 must be used for any new case filed on after December 1, 2022, and failure to use the official form will result in a clerk’s notice of deficiency after a 14-day grace period.
For more information, please visit Current Rules of Practice & Procedure | United States Courts (uscourts.gov).