On December 1, 2022, several sets of rules impacting bankruptcy practice in the District of Kansas will be amended.
-Federal Rules: Absent intervening action by the US Congress, changes will be made to Federal Rules of Bankruptcy Procedure (FRBP) 1007, 1020, 2009, 2012, 2015, 3002, 3010, 3011, 3014, 3016, 3017.1, 3017.2 (new), 3018, 3019, 5005, 7004, and 8023. The Federal Rules of Civil Procedure, Federal Rules of Appellate Procedure, and Federal Rules of Criminal Procedure are also being amended. National rule changes can be viewed at https://www.uscourts.gov/rules-policies/pending-rules-and-forms-amendments.
-Local Bankruptcy Rules (LBR): Many of the amendments to the FRBPs will govern chapter 11 subchapter V cases. In 2020, the Bankruptcy Court for the District of Kansas adopted those same amendments as Interim Local Bankruptcy Rules in Standing Orders 20-1 and 20-4. Once the corresponding FRBPs are adopted on December 1, the Bankruptcy Court will abrogate the duplicate local rules. Interim LBR 1020.1 will remain effective because on June 21, 2022, the Bankruptcy Threshold Adjustment and Technical Corrections Act, Pub. L. 117-151, temporarily extended the higher debt threshold in subchapter V cases by amending the definition of “debtor” in 11 U.S.C. § 1182(1) for additional two years. Therefore, the temporary amendments adopted in Interim LBR 1020.1 remain necessary.
-Local District Court Rules: The District Court for the District of Kansas is amending its local rules. Those changes can be viewed at Summary of Changes to the Local Rules of the United States District Court for the District of Kansas Effective December 1, 2022.
Because of the comprehensive changes to the District Court’s local rules, the 2021 hard copy Rules of Practice and Procedure for District Court will become obsolete and can be recycled. Due to the rising cost of printing, the court will no longer print paper rule books. Online and pdf copies of the rules will be posted at:
https://www.ksd.uscourts.gov/court-info/local-rules-and-orders