On February 19, 2020, the Small Business Reorganization Act of 2019, P.L. 116-54 (SBRA) will go into effect – long before the normal three-year rules amendment process runs its course. As a temporary measure, the Advisory Committee on Bankruptcy Rules has drafted interim bankruptcy rules and amendments to the official bankruptcy forms to address the new law that are now available for public comment through Nov. 13, 2019.
The proposed amendments and instructions on how to submit comments are posted on uscourts.gov.
When an advisory committee recommends an amendment to its rules or forms, it must obtain the approval of the Judicial Conference Committee on Rules of Practice and Procedure to publish the proposed amendment for public comment. During the comment period, the public is encouraged to submit written comments and may also request to testify at public hearings on the proposed amendment.
There are two rules packages out for review.
August 19 Package
On June 25, 2019, the Judicial Conference Committee on Rules of Practice and Procedure (Standing Committee) approved publication of proposed amendments to the following:
- Appellate Rules 3, 6, 42, and Forms 1 and 2;
- Bankruptcy Rules 2005, 3007, 7007.1, and 9036; and
- Civil Rule 7.1.
The comment period is open from August 19, 2019 to February 19, 2020. Read the text of the proposed amendments and supporting materials:
Public Hearings on the August 19 Package
Members of the public who wish to present testimony may appear at public hearings on the proposed amendments.
How to Submit or Review Comments on the Proposed Amendments to the Federal Rules & Forms (August 19 Package)
Written comments are welcome on each proposed amendment. The advisory committees will review all timely comments, which are made part of the official record and are available to the public. The comment period closes on February 19, 2020.
Comments and supporting files must be submitted electronicall or texty using the regulations.gov portal. After choosing the appropriate link below, click the “Submit a Comment” link. This will display the comment on the web form. You can then enter your submitter information and attach your comment as a file (up to 10MB), or type your comment directly on the web form. When you have finished attaching or typing your comment, click the “Preview Comment” link to review. Once you are satisfied with your comment, click the “Submit” button to send your comment to the relevant advisory committee. Upon completion, you will receive a tracking number for your submission.
- Submit or Review Comments on the Proposed Amendments to Appellate Rules 3, 6, 42, and Forms 1 and 2
- Submit or Review Comments on the Proposed Amendments to Bankruptcy Rules 2005, 3007, 7007.1, and 9036
- Submit or Review Comments on the Proposed Amendment to Civil Rule 7.1
Detailed instructions on how to submit a comment are given in the Regulations.gov FAQs.
October 16 Package
On February 19, 2020, the Small Business Reorganization Act of 2019, P.L. 116-54 (SBRA) will go into effect – long before the normal three-year rules amendment process runs its course. As a temporary measure, the Advisory Committee on Bankruptcy Rules has drafted Interim Bankruptcy Rules that can be adopted by courts as local rules or by general order when the SBRA goes into effect. The Advisory Committee has also drafted amendments to the Official forms to address the SBRA. The Standing Committee now seeks comment on the proposed SBRA rules and forms for a short four-week period prior to making final recommendations.
- Interim Bankruptcy Rules 1007(b), 1007(h), 1020, 2009, 2012(a), 2015, 3010(b), 3011, and 3016.
- Official Forms 101, 201, 309E, 309F, 314, 315, 425A, and new Official Forms 309E2, and 309F2
The comment period is open from October 16, 2019 to November 13, 2019. Because of the short publication period for the Interim Rules and related Official Forms, there will be no public hearings.
Read the text of the proposed amendments and supporting materials:
How to Submit or Review Comments on the Interim Bankruptcy Rules & Forms (October 16 Package)
Written comments are welcome on each proposed amendment. The Advisory Committee on Bankruptcy Rules will review all timely comments, which are made part of the official record and are available to the public. The comment period closes on November 13, 2019.
Comments and supporting files must be submitted electronicall or texty using the regulations.gov portal. After choosing the appropriate link below, click the “Submit a Comment” link. This will display the comment on the web form. You can then enter your submitter information and attach your comment as a file (up to 10MB), or type your comment directly on the web form. When you have finished attaching or typing your comment, click the “Preview Comment” link to review. Once you are satisfied with your comment, click the “Submit” button to send your comment to the relevant advisory committee. Upon completion, you will receive a tracking number for your submission.
Detailed instructions on how to submit a comment are given in the Regulations.gov FAQs.