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Clerk's Notice 19-05 (Regarding Bankruptcy Form and Rule Changes)

Tuesday, October 29, 2019

Forms Effective October 1, 2019:

On August 26, 2019, the President signed into law the Honoring American Veterans in Extreme Need Act of 2019 (the HAVEN Act) Public Law No. 116-52. The HAVEN Act amended 11 U.S.C. § 101(10A) to exclude from the definition of Current Monthly Income certain payments made under title 10, 37, or 38 of the United States Code in connection with a disability, combat-related injury or disability, or death of a member of the uniformed services.

At its September 26, 2019 meeting, the Advisory Committee on Bankruptcy Rules made minor conforming amendments to lines 9 and 10 of Official Forms 122A-1, 122B, and 122C-1 to address the HAVEN Act.

Forms Effective December 1, 2019:

At its September 2019 meeting, the Judicial Conference approved a proposed change to Official Form 122A-1, effective December 1, 2019. The amended form adds an instruction to line 14a to remind a debtor that if there is no presumption of abuse, that Official Form 122A-2 should not be filled out or filed.

Director’s Form 1340, Application for Payment of Unclaimed Funds, is a new form issued by the Director of the Administrative Office of the United States that bankruptcy courts may adopt or revise as needed to facilitate requests for unclaimed funds. This form will be adopted by our court, effective December 1, 2019.

Bankruptcy Rule Amendments Effective December 1, 2019:

At its September 2018 meeting, the Judicial Conference approved the following amendments to the Federal Rules of Bankruptcy Procedure, effect on December 1, 2019:

  • Bankruptcy Rules 4001, 6007, 9036, and 9037.

Please click here to view Clerk's notice 19-05 in it's entirety.