Description
Bankruptcy is not the only legal status that an insolvent person or other entity may have, and the term bankruptcy is therefore not a synonym for insolvency.
ADVISORY COMMITTEE ON BANKRUPTCY RULES REPORT TO STANDING COMMITTEE MAY 14, 2008 TABLE OF CONTENTS I I[. Introduction ....................... Action Items A. Proposed Amendments to Bankruptcy Rules 9006, 1007, 1011, 1019, 1020, 2002, 2003, 2006, 2007, 2007.2, 2008, 2015, 2015 1, 2015.2, 2015.3, 2016, 3001, 3015, 3017, 3019, 3020, 4001, 4002, 4004, 6003, 6004, 6006, 6007, 7004, 7012, 8001, 8002, 8003, 8006, 8009, 8015, 8017, 9006, 9027, and 9033 Submitted for Final Approval by the Standing Committee and Submission to the Judicial Conference to Implement the Time-Computation Project ...... ...... ............ .............. 3 I.
2 3 Public Comment ..... ........... ..... ................. Synopsis of ProposedAmendments to Implement the Time-Computation Project............................... Text of ProposedBankruptcy Rules Amendments to Implement the Time-Computation Project.................... Rule 9 0 0 6(a) ......... ............................ 3 4 5 6
............................
Public Comment on Proposed Amendments to Rule 9 006(a) ....
17
Rule 1007 ... ..... .......... ................ 25 Rule 1011...................................... 29 Rule 1019 .. ...................................... ... 31 Rule 1020.. .................................... 33 Rule 2002 ......................... ......................... .... . ... 34 Rule 2003 ................ ........................ 36 R ule 2006 .................... .................. .. ... 39... 4 Rule 2007 ............. ............................ Rule 2007 2................... ......... .......................... .. Rule 2008..... . ......... ..................... Rule 2015 .......... ............................. Rule 2015 1 ..................................... Rule 2015 2........... .................... ....
40 42 43
44
Rule 2015 3...........
.....
Rule 2016 . ............ ........................... 5 Rule 3001 ............... Rule 3017 . ...................................... ......... ............... 53l .. . Rule 30019............................................603 3015 ........................ .. . .................. Rule 3012 ..................... . 58 Rule 3019 .. ............. . . 60 Rule
...............................
46 48 49
3020......................................
. . ...
Rule 4001 .. ......
61
677
R ule 4002 ... . .... ......................
...............
.....
64 66
Rule 4004......................................
Rule 6003......................................
Rule 6004. . ...................................... Rule 6006 ...................................... Rule 6007 ............. ....................... Rule 7004 ........ ............................ Rule 7012 ........... .. . ......... ....................... ..... Rule 8001 ....................... ................... R ule 8002 ............................................................... .
67 8. 8 71
1 3
4. 4
75 78
Public Comment on Proposed Amendment to Rule 8002 ...........
80
93 95 97 98 99
Rule 8003 ...................................... Rule 8006 ...................................... R ule 8009 ......................................................... ............ R ule 8015 . ..................... ............................................ Rule 8017 ...................................... Rule 9006 ...................................... R ule 902 7 .................................................................. R ule 9033 ...................... ...... ... ...........................
100
1 01
103
B Proposed Amendments to Bankruptcy Rules 4008, 7052 and 9021, and Proposed New Bankruptcy Rule 7058. Submitted for Final Approval by the Standing Committee and Submission to the Judicial Conference ............................... 106
1. 2 3. Public Comm ent ......................... . ........................ 106 Synopsis ofProposed GeneralAmendments ............................ 107 Text of ProposedAmendments to Rules 4008, 7052, and 9021, and New Rule 7058 ............................. 108 R ule 4008 . ... ......... .............. .............................. 1 08 Rule 7052 ... ............................... ...... ...... 110 Rule 7058 .. ............................................ 1 l Rule 9021 ........................................ 1 12
C Proposed Amendments to Official Forms land 8, and Proposed New Official Form 27 Submitted for Final Approval by the Standing Committee and Submission to the Judicial Conference ................. .... .... .. ... . ............. .. 113
Synopsis of/Proposed Amendments to Exhibit D oJ Official Form 1 and Official Form 8, and ProposedNew Official Form 27 ............................................. Text oj ProposedAmendments to Exhibit D of Official Form 1, Official Form 8, and ProposedNew OJficialForm 27 .......... Public Comment on ProposedAmendments to Official Form 8 ......... ............................... Public Comment on pioposed new Official Form 27 ..........
2. 3. 4.
113 114 115 116
678
5
Exhibit D to Official Form I .................
.......................
118
D Proposed Amendments to Bankruptcy Rules 2016, 7052. 9006(f), 9015, and 9023 Submitted for Final Approval by the Standing Committee and Submission to the Judicial Conference Without Publication ................ .. ........ ....... .118 I. 2.
Synopsis of ProposedAmendments to Rules 2016, 7052, 9006(/), 9015, and 9023 ....................................................... ..... .... Text of ProposedAmendments
to Rules 2016, 7052, 9006 9,
118
9015, and 9023.............................................
Rule 2016 .................................... Rule 7052 ..................................... Rule 900669 ................................. Rule 9015 .................................... Rule 9023 .....................................
119 119 121 ....... 122 23 .124
E. Proposed Amendments to Official Forms 9F, 10, and 23 Submitted for Final Approval by the Standing Committee and Submission to the Judicial Conference Without Publication .................................. ................ ......... 125
Text of ProposedAmendments to Official Forms 9F, 10, and 23. 126
F Proposed Amendments to Bankruptcy Rules 1014, 1015, 1018, 5009, and 9001, and Proposed New Bankruptcy Rules 1004.2 and 5012 Submitted for Publication .... ....... .......... ....... ......... ..... .. ..... ... ...... .. .. .. .... .. .. 1.............. 27
Synopsis ofProposedAmendments to Bankruptcy Rules 1014, 1015, 1018, 5009, and 9001, and ProposedNew Bankruptcy Rules 1004 2 and 5012 ............................................. Text of ProposedAmendments to Bankruptcy Rules 1014, 1015, 1018, 5009, and 9001, and Proposed New Bankruptcy Rules 1004 2 and 5012 ............. .............. ........ Rule 1004.2 ...... . .......................... Rule 1014 ....................................... Rule 1015 ................... ............... . ............. ... Rule 1018 ...........................................
2
127
128 128 130 131 132
Rule 5009 ..................... ..................... .134 Rule 5012........................... ............. .... 1. 37 Rule 9001...................................... 138
HI.
Information Items (1) Statutory Time Penods Affected by the Time Computation Rule Changes (2) Backward Counting Deadlines ........ (3) Draft Minutes ....................
.
140 140 141 679
Appendices (1) Spreadsheet of Comments on the Extension of the Deadline for Filing a Notice of Appeal (2) Spreadsheets on Backward Counting Deadlines in the Bankruptcy Code and Rules (3) Draft Minutes of March 2008 Advisory Committee Meeting
680
COMMITTEE ON RULES OF PRACTICE AND PROCEDURE
OF THE
JUDICIAL CONFERENCE OF THE UNITED STATES WASHINGTON, D C 20544
LEE H ROSENTHAL CHAIR CHAIRS OF ADVISORY COMMITTEES PETER G. McCABE SECRETARY CARL E. STEWART APPELLATE RULES LAURA TAYLOR SWAIN BANKRUPTCY RULES MARK R KRAVITZ CIVIL RULES RICHARD C TALLMAN CRIMINAL RULES
TO
Honorable Lee H. Rosenthal, Chair Standing Committee on Rules of Practice and Procedure Honorable Laura Taylor Swain, Chair Advisory Committee on Bankruptcy Rules May 14, 2008 Report of the Advisory Committee on Bankruptcy Rules
ROBERT L HINKLE
EVIDENCE RULES
FROM-
DATE RE-
1.
Introduction
The Advisory Committee on Bankruptcy Rules met on March 27-28, 2008, at St Michaels, Maryland. The Advisory Committee considered public comments on the Time-Computation amendments proposed for Bankruptcy Rules 1007, 1011, 1019, 1020, 2002, 2003, 2006, 2007, 2007 2, 2008, 2015, 2015.1, 2015.2, 2015.3, 2016, 3001, 3015, 3017, 3019, 3020, 4001, 4002, 4004, 6003, 6004, 6006, 6007, 7004, 7012, 8001, 8002, 8003, 8006, 8009, 8015, 8017, 9006, 9027, and 9033. The Committee received numerous comments on the proposed amendment to Rule 8002 that would change the deadline for filing a notice of appeal from 10 days to 14 days, as well as comments in response to the Committee's inquiry as to whether the appeal time should be extended further to 30 days. We also received several comments on the proposed amendments to Rule 9 006(a) which revises the method for computing time periods We received no comments on the bulk of these rules amendments that simply substituted a multiple of seven days fbr time periods of less than 30 days in this package of amendments. The Advisory Committee also considered public comments regarding the preliminary draft of proposed amendments to Bankruptcy Rules 4008, 7052 and 9021, and proposed new
681
Bankruptcy Rules 1017 1 and 7058, as well as comments received on proposed amendments to Official Form 8 and proposed new Official Form 27, all of which were published in August 2007 Since no person who submitted a written comment requested to appear at the public hearings scheduled for January 16 and 25, 2008, the hearings were canceled. The Advisory Committee withdraws proposed Bankruptcy Rule 1017 1 and recommends that the Standing Committee approve the remaining amendments and additions to the Bankruptcy Rules and Official Forms and transmit them to the Judicial Conference. In connection with the withdrawal of proposed Rule 1017.1, the Advisory Committee recommended approval of a revision of the amendment to Exhibit D to Official Form I which was published in August 2006 and approved by the Standing Committee in June 2007. The Advisory Committee also recommends that the Standing Committee approve proposed technical amendments to Bankruptcy Rules 2016, 7052, 9006, 9015, and 9023 and Official Forms 9F, 10, and 23 without publication. The proposed amendments and additions and the comments received thereon are set out below in the Action Items section of this report. The Advisory Committee also studied a number of proposals to amend the Bankruptcy Rules After careful consideration, the Advisory Committee resolved to recommend that the Standing Committee approve for publication a preliminary draft of proposed amendments to Bankruptcy Rules 1014, 1015, 1018, 5009, and 9001, and proposed new Bankruptcy Rules 1004.2 and 5012. The Style Consultants to the Standing Committee offered a number of suggestions that were considered by the Advisory Committee's Style Subcommittee, and the proposals set out below in the Action Items section of the report reflect those joint efforts.
2 682
ii
Action Items
A Proposed Amendments to Bankruptcy Rules 9006, 1007, 1011, 1019, 1020. 2002. 2003, 2006, 2007. 2007 2,2008, 2015, 2015 1,2015 2,2015.3,2016, 3001, 3015, 3017, 3019, 3020, 4001, 4002, 4004. 6003, 6004, 6006, 6007, 7004, 7012, 8001, 8002, 8003, 8006, 8009. 8015, 8017, 9006, 9027, and 9033 Submitted for Final Approval by the Standiig Committee and Submission to the Judicial Conference to Implement the Time-Computation Proiect
The Advisory Committee on Bankruptcy Rules recommends that the Standing Committee approve the proposed amendments to Bankruptcy Rules 9006, 1007, 1011, 1019, 1020, 2002, 2003, 2006, 2007, 2007.2, 2008, 2015, 2015.1, 2015.2, 2015.3, 2016, 3001, 3015, 3017, 3019, 3020, 4001, 4002,4004,6003, 6004, 6006,6007, 7004, 7012, 8001, 8002, 8003, 8006, 8009, 8015, 8017, 9006, 9027, and 9033 for submission to the Judicial Conference to implement the Time-Computation Project as set out below. These amendments are to become effective on December 1, 2009. 1. Public Comment
The preliminary draft of proposed amendments to Bankruptcy Rules 9006, 1007, 1011, 1019. 1020, 2002, 2003, 2006, 2007, 20072, 2008, 2015, 2015 1. 20152, 20153. 2016, 3001,3015,3017,3019, 3020, 4001,4002, 4004. 6003, 6004, 6006,6007, 7004, 7012,8001. 8002, 8003, 8006. 8009. 8015. 8017, 9006, 9027, and 9033 wete publishcd for
3
683
comment in August 2007 A public hearing on the preliminary draft of the line-Computation Amendments was scheduled for January 16, 2008, but there were no requests to appear at the hearings 1 he Advisory Committee received comments on Rule 9006(a) and the l'une-Computation Rule Template as set out immediately after Rule 9006 The only other TimeComputation Amendment on which the Committee received comments was the proposed amendment to Rule 8002, on which we received 40 comments Again, those comments are described below immediately after Rule 8002.' 2. Svnopsis of ProposedAmendments to Implement the Time-Computation Prolect (a)
9 006(a) Rule (Time Computation Template Rule) replaces subdivision (a) with the template being adopted throughout the Federal Rules for computing time. There are minor differences from the template in the Committee Note that include changes specific to bankruptcy law and practice. The amendment is offered in conjunction with proposed amendments to the deadlines set out
In addition to the description of'the individual comments on the proposed amendment to Rule 8002, attached to this report is a spreadsheet that compiles the comments according to the status of the person submitting the comment (judge, practitioner, association) and the preferred notice of appeal deadline (10, 14, or 30 days) 4
684
in 39 rules [hose amendments Include changes only in the time periods
(b)
Rules 1007, 1011, 1019, 1020, 2002, 2003,
2006, 2007, 2007.2, 2008, 2015, 2015.1, 2015.2, 2015.3, 2016, 3001, 3015, 3017, 3019, 3020, 4001, 4002, 4004, 6003, 6004, 6006, 6007, 7004, 7012, 8001, 8002, 8003, 8006, 8009, 8015, 8017, 9006, 9027, and 9033 are each amended to make the deadlines under the rules multiples of seven days for any penod less than 30 days The various deadlines in these rules are amended in the following manner. 5 day periods 10 day periods 15 day periods 20 day periods 25 day periods become 7 day periods become 14 day periods become 14 day periods become 21 day periods become 28 day periods
The changes to the Bankruptcy Rules to implement the Time-Computation project, other than the changes to Rule 9 006(a), are limited to changes in the deadlines as set out above
3
Text o/ Proposed Bankrupytcy Amendments to Implement Ihke Computation Proect
Ru/cs 7me-
5
685
PROPOSED AMENDMENTS TO THE FEDERAL RULES OF BANKRUPTCY PROCEDURE Rule 9006. Computing and Extending Time
2
3 4
lIi
cu *i ii p JUti i i t i ny p , e ,i d
u f t i -i
cs c
i u ui li
1
c, d
by tlccLh
s ub
i
ccilRe
f
~1Puc~~
by
*f
rnlac app1•l caLtlc
11 tcs,ca
d uo., bay Lhc, L*•catl Ulc~a,
d1 jhcL ic. 1tautc l li ' v i 11n c il 11
6
7....
S
c
ti l L dc
l' ,
f t cv '
•i.
c ii
LU
by
duy
t,
Ou i
d uf t ul t f i u i
k, .u >L
±
J 1
ay
t hl • J c 5
inld
l. i t cd
d.T~
id of
icbcii
8
Ls,~ Ly
~f
pi ,c uJ su cu~mmp•ut
iouuiday,
s•hal Ucn.cluued,
9 ~
uiics~,itiS,
ci c
'dy-l
ca 'i ''hd-y
ui
1
i's utlb
tlIhI ciii•lLf•tl
1
tidAL •
day
whic isbl 1ut lui
l•, uf thc
17
it~lc
cd
•<uiii Utcitt
.
A
I-s
si....
tits I
88
U lc
dii
inR
c
19IIili
iiiL{ciyk uf
III
L.ULl•ii
King. Ji " ,
l.•
1 ltltl
.
.
6
20
HLuhday, P -
1
Day. mde c
5
1L 1
Xy,
25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41
La2i COMPUTING TIME. The followinz rulesapply in computing any time period specified in these rules, in the Federal Rules of Civil Procedure. in any local rule or court order, or in any statute that does not specify a method of computing time Ijj PeriodStated in Days or a Longer Unit When the period is stated in days or a longer unit of time (A) exclude the day of the event that triggers the period:
(
count every day, including intermediate Saturdays, Sundays, and legal holidays, and
Q) include the last day of the period, but if the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the nextday that is not a Saturday, Sunday, or legal holidav fa PeriodStated in Ifourn Whenthe period is stated
7
687
42
in hours
43 44 45 46 47 48 49 50 51 52 53
54 U3
ALAl bhgen counting immediately on the occurrence of the event that triggers the period:
(B
count evcry hour. including hours during intermediate Saturdays, Sundays, and legal holidays, and if the period would end on a Saturday, i Sunday, or legal holiday, then continue the period until the same time on the next day that is not a Saturday, Sunday, or legal holiday
55 56 57 58 59 60 61 62 63
Inaccessibzhty of Clerk's Office Unless the court orders otherwise, if the clerk's office is
inaccessible LAI on the last day for filing under Rule
9 006(a)(1
), then the time for filingis
extended to the first accessible day that is not a Saturday, Sunday. or legal holiday, or (BI durngythe last hour for filing under Rule 9 006(a)(2). then the time for filing is extendcd to the same time on the first
8
688
64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 L
accessible day that is not a Saturday, Sunday., or legal holiday
(4)
"LastDay"Defined Unless a different time is set by a statute, local rule, or order in the case, the last day ends-
A
for electronic filing, at midnight in the court's time zone: and
(B) for filing by other means, when the clerk's
office is scheduled to close.
(
"Next Day" Defined The "next day" is detenmined by continuing to count forward when the penod is measured after an event and backward when measured before an event.
(fj
"Legal Holiday" Defined "Legal holidav" means
(
the day set aside by statute forobserving New Year's Day, Martin Luther King Jr 's
Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksguimg Day, or Christmas Day, and any other day declared a holiday by the President. Congress, or the state where the
9
689
86 87 88
89
Chstrict court is located (In this rule. "state" includes the District of Columbia and any United States commonwealth, temtory, or
POSSeSSIO)
90 COMMITTEE NOTE Subdivision (a). Subdivision (a) has been amended to simplify and clarify the provisions that describe how deadlines are computed Subdivision (a) governs the computation of any time period found in a Federal Rule of Bankruptcy Procedure, a Federal Rule of Civil Procedure, a statute, a local rule, or a court order In accordance with Bankruptcy Rule 9 029(a), a local rule may not direct that a deadline be computed in a manner inconsistent with subdivision (a) The tine-computation provisions of subdivision (a) apply only when a time period must be computed They do not apply when a fixed time to act is set The amendments thus carry forward the approach taken in Viwlh, v PA Days, Inc , 427 F 3d 1015, 1016 (6th Cir 2005) (holding that Civil Rule 6(a) "does not apply to situations where the court has established a specific calendar day as a deadline"), and reject the contrary holding of In re American Jicalthcare Management, Inc . 900 F 2d 827. 832 (5th Cir. 1990) (holding that Bankruptcy Rule 9 006(a) governs treatment of date-certain deadline set by court order) If, for example, the date fbr filing is "no later than No\ embei 1, 2007," subdivision (a) does not govern But if a filing is reclui cd to be made "within 10 days" or "within 72 hours," subdivision (a) describes how that deadline is colnputed
Subdivision (a) does not apply when computing a time period
I60
690
wi itten notice to an assisted person "not later than 3 business days after providing bankruptcy assistance services)
SeC, c g, II U S C § 527(a)(2) (debt relief agencies must piovide a
set by a statute if the statute specifies a method of computing time
Subdivision (a)(1) New subdivision (a)(l) addresses the computation of time periods that are stated in (lays It also applies to time periods that are stated in weeks, months, or years See, c g, Federal Rule of Civil Procedure 60(b) made applicable to under Rule 9024 Subdivision (a)(])(B)'s directive to "count every day" is relevant only if the period is stated in days (not weeks, months or years) Under former Rule 9 006(a), a period of eight days or more was computed differently than a period of less than eight days Intermediate Saturdays, Sundays, and legal holidays were included in computing the longer periods, but excluded in computing the shorter periods Former Rule 9 006(a) thus made computing deadlines unnecessarily complicated and led to counterintuitive results Under new subdivision (a)(l), all deadlines stated in days (no matter the length) are computed in the same way. The day of the event that triggers the deadline is not counted All other days including intermediate Saturdays, Sundays, and legal holidays -- are counted, with only one exception If the period ends on a Saturday, Sunday, or legal holiday, then the deadline falls on the next day that is not a Saturday, Sunday, or legal holiday An illustration Is provided below in the discussion of subdivision (a)(5) Subdivision (a)(3) addresses filing deadlines that expire on a day when the cierk's office is inaccessible. Where subdivision (a) formerly referred to the "act, cxent, or default" that triggers the deadline, new subdivision (a) refers simply II
691
to the "event- that tn-ggeis the deadhne, this change in terminology is adopted foi bicvity tnd simplicity. and is not intended to change ineaning Periods previously expressed as less than eight days will be shortened as a practical matter by the decision to count intermediate Saturdays, Sundays, and legal holidays in computing all periods Many of those periods have been lengthened to compensate for the change. See, e g, Rules 2008 (trustee's duty to notify court of acceptance of the appointment within five days is extended to seven days); 6004(b) (time for filing and service of objection to proposed use, sale or lease of property extended from five days prior to the hearing to seven days prior to the hearing), and 9006(d) (time for giving notice of a hearing extended from five days prior to the hearing to seven days) Most of the 10-day periods were adjusted to meet the change in computation method by setting 14 days as the new period See, e g, Rules 1007(h) (10 day period to file supplemental schedule for property debtor becomes entitled to acquire after the commencement of the case is extended to 14 days), 3 0 2 0(e) (10 day stay of order confirming a chapter I I plan extended to 14 days), 8 002(a) (10 day period in which to file notice of appeal extended to 14 days). A 14-day period also has the advantage that the final day falls on the same day of the week as the event that triggered the period - the 14th day after a Monday. for example, is a Monday This advantage of using week-long pciiods led to adopting seven-day periods to replace some of the periods set at less than 10 days, 21 -day periods to replace 20-day periods, and 2 8 -day periods to replace 25-day periods Iurty-day and longer periods, however, were generally retained without change Subdivision (a)(2) New subdivision (a)(2) addresses the 12
692
computation of time periods that are stated in hours No such deadline currently appears in the Federal Rules of Bankruptcx Procedure But some statutes contain deaduines stated in hours, is do some court orders issued in expedited proceedings Under subdivision (a)(2), a deadline stated in hours starts to run immediately on the occurrence of the event that triggers the deadline The deadline generally ends when the time expires 1t, however, the time period expires at a specific time (say, 2 17 p mn ) on a Saturday, Sunday, or legal holiday, then the deadline is extended to the same time (2.17 p m ) on the next day that is not a Saturday, Sunday, or legal holiday. Periods stated in hours are not to be "rounded up" to the next whole hour Subdivision (a)(3) addresses situations when the clerk's office is inaccessible during the last hour before a filing deadline expires Subdivision (a)(2)(B) directs that every hour be counted. Thus, for example, a 72-hour, period that commences at 10 23 a m on Friday, November 2, 2007, will run until 9-23 a m. on Monday. November 5, the discrepancy in start and end times in this example results from the intervening shift from daylight saving time to standard time Subdivision (a)(3) When determining the last day of a filing period stated in days or a longer unit of time, a day on which the clerk's office is not accessible because of the weather or another reason is treated like a Saturday, Sunday. or legal holiday When determining the end of a filing period stated in hours, if the clerk's office is inaccessible during the last hour of the filing period computed under subdivision (a)(2) then the period is extended to the same time on the next day that is not a weekend. holiday or clay 'Ahen the clerk's office is inaccessible
13
693
Subdivision (a)(3)-,, CetCnsions apply "nIcss the court orders otherwise" In some cii cumstanCes. the coLirt mught not wish a period of inaccessibility to trigger a full 24-hour extension, in those instances, the court can specify a briefer extension The text of the rule no longei refers to "weather or other conditions" as the reason for the inaccessibility of the clerk's office The refeience to "weather" was deleted from the text to underscore that inaccessibility can occur for reasons unrelated to weather, such as an outage of the electronic filing system Weather can still be a reason for inaccessibility of the clerk's office The rule does not attempt to define inaccessibility Rather, the concept will continue to develop through caselaw, see, e g, William G Phelps, When Is Office of Clerk of Court InaccessibleDue to Weather or Other Conditions for Purposeo/Computing Time Period for FilingPapers underRule 6(a) of FederalRules o/Bankruptcy Procedure, 135 A L R. Fed. 259 (1996) (collecting eases) In additiorn many local provisions address inaccessibility fbr purposes ofelectronic filing, •sce, e g, D Kan. Rule 5 4.11 ("A Filing User whose filing is made untimely as the result of a technical failure may seek appropriate relief from the court ") Subdivision (a)(4) New subdivision (a)(4) defines the end of the last day of a period fbr purposes of subdivision (a)(l). Subdivision (a)(4) does not apply in computing periods stated in hours under subdivision (a)(2), and does not apply ifa different time is set by a statute, local rule, or order in the case A local rule may provide, for example, that papers filed in a drop box after the normal hours of the clerk's office are filed as of the day that is date-stamped on the papers by a device in the drop box 28 U S C ý 452 provides that "[ajIl courts of the United States shall be deemed always open fot the purpose of filing proper papers, issuing and returning piocess, and making motions and orders " A 14
694
coiresponding provision exists in Rule5001 (a) Some courts have held that these provisions permit an after-hours filing by handing the papers to an appropriate official See, e g , (asaldue ' D)u, 117 F 2 d 9 15, 917 (1 st Cir 1941 ) Subdivision (a)(4) does not address the effect of the statute on the question of after-hours filing, instead, the rule is designed to deal with filings in the ordinary course without regard to Section 452 Subdivision (a)(5). New subdivision (a)(5) defines the "next" day for purposes of subdivisions (a)(1)(C) and (a)(2)(C) The Federal Rules of Bankruptcy Procedure contain both forward-looking time periods and backward-looking time periods. A forward-looking tinc period requires something to be done within a period of time after an event See, e.g, Rules 1007(c) (the schedules and statements, other than the statement of intention, shall be filed by the debtor within 14 days after entry of the order for relief "), 101 9(b)
("the trustee, not later than 30 days after conversion of the case, shall file and transmit to the United States trustee a final report and account"), and 7012(a) ("If a complaint is duly served, the defendant shall serve an answer within 30 days after the issuance of the summons, except when a different time is prescribed by the court ") A backward-looking time period requires something to be done within a period of time before an event. See, e g , Rules 6004(b) ("an objection to a proposed use, sale, or lease of property shall be filed and served not less than five days before the date set for the proposed action"). 9006(d) ("A written motion, other than one which may be heat d ex parte, and notice of any hearing shall be served not later than five days before the time specified for such hearing") In detcrmining "hat is the "next" day for purposes of subdivisions (a)(l)(C) and (a)(2)(C). one should continue counting in the same direction - that is, foiward when comnputing a forward-looking period and backward when computing a backward-looking period If, for example. a fiing 15
695
is due within 10 days aOlJt an event, and the tenth day flls oin Saturday, Septembet I. 2007. then the filing is due on Tuesday, September 4, 2007 (Monday, September 3, is Labor Day) But if a filing is due 10 days bc/ore an event, and the tenth day falls on Saturday, September 1, then the filing is clue on Friday, August 31 Subdivision (a)(6). New subdivision (a)(6) defines "legal holiday" for purposes of the Federal Rules of Bankruptcy Procedure, including the tine-computation provisions of subdivision (a) Subdivision (a)(6) continues to include within the definition of"legal holiday" days that are "declared a holiday by the President." For two eases that applied this provision to find a legal holiday on days when the President ordered the government closed for purposes of celebration or commemoration, see Hart v Sheahan, 396 F.3d 887, 891 (7th Cir 2005) (President included December 26, 2003 within scope ofexecutive order specifying pay for executive department and independent agency employees on legal holidays), and Mashpee Wampanoag ýtrbal Council, Inc v Norton, 336 F.3d 1094, 1098 (D.C Cir 2003) (executive order provided that "'[a]ll executive branch departments and agencies of the Federal Government shall be closed and their employees excused from duty on Monday, December 24, 2001"). Subdivision (a)(6)(B) includes certain state holidays within the definition of legal holidays, and defines the term "state" for purposes of subdivision (a)(6) -- to include the District of Columbia and any commonnealth, territory or possession of the United States Thus, for purposes of subdivision (a)(6)'s definition of "legal holiday," "state" includes the Distnct of Columbia, Guam. Amencan Samoa. the I S Virgin Islands, the Commonwealth of Puerto Rico, and the Commonwealth of the Northern Mariana Islands
16
696
Public Comment on Proposed Amendments to Rule 9 006(a)
U.S. District Court for the Eastern District of Nei% York ("EDNY Committee"). The EDNY Committee writes in general opposition to the tine-computation proposals, but supports certain of the Civil Rules Committee's proposals to lengthen specific Civil Rules deadlines The EDNY Committee also makes some suggestions for improving the project if it goes forward * Overall cost/benefit analysis. The EDNY Committee predicts that the proposed change in time-computation approach will cause much disruption, given the great number of' affected deadlines that are contained in statutes, local rules, and standard forms The EDNY Committee believes that the current time-counting system works well To the extent that some litigants have difficulty computing time under the current approach, the EDNY Committee suggests that one could build into the electronic case filing software a program that could perform the necessary computations * Incompleteness ofoffsettinwchanges The EDNY Committee notes that as to short time periods set by the Rules, the proposed amendments mitigate the effect of no longer skipping weekends, but do not offset the fact that under the new approach holidays will no longer be skipped either The EDNY Committee argues strongly that if the new time-counting approach is to be adopted then Congress must be asked to lengthen all affected 17
1 07-BK-004: Committee on Civil Litigation of the
697
*
*
statutory time periods Likewise, the EDNY Comminttee note,, that stcps must be taken to lengthen aill affected time periods set by local rules, standing odcids, and standard-fi-on orders Business-day piovisions in local rules The EDNY Committee observes that some local rules contain periods counted in business days, and argues that any change in the time-counting rules should be tailored so as not to change such penods to calendar days Backward-counted time periods. The EDNY Committee warns that the proposed amendments, by clarifying the way to compute backwardcounted time periods, would effectively shorten the response time allowed under rules that count backwards Moreover, the EDNY Committee notes that the proposed time-computation template (like the existing rules) does not provide for a longer response tine when motion papers are served by mail The EDNY Committee proposes that the best solution to the backward-counting problem is to eliminate backward-counted periods, as an example, the EDNY Committee points to the Local Civil Rule 6 1 which is in use in the Eastern and Southern Districts of New York
2 07-BR-015: Chief Judge Frank H. Easterbrook. Chief Judge Easterbrook writes in support of the timecolmputation proposals lie suggests that in addition to the proposed changes, the three-day rule contained in Appellate Rule 26(c) should be abolished lie argues that the three-day rule is particularly incongruous for electronic service, and that adding three dax s to a period thwarts the goal served by our Is
698
preference for setting periods In multiples ofsekenclay's 3 07-BK-007: Walter W. Bussart. MN BLissart states generally that the proposed amendments are helpflul and that he supports their adoption 4 07-BK-008: Jack E. Horsley Overall, Mr Horsley views the proposed amendments with fhvor 5 07-BK-010: Stephen P. Stoltz Mr Stoltz generally supports the time-computation proposals He argues, however, that the time-counting rules should define the "last day" as ending "at 11 "59:59 p.m." rather than "at midnight." He suggests this because "[m]ost people today would agree that a day begins at midnight and ends at 11 59 59 p in local time." He warns that if the time-counting rules provide that the "last day" of a period ends "at midnight." there will be confusion and courts may conclude that a "deadline is actually the day (or evening) before the particular day " 6. 07-BK-01 1: Robert J. Newmeyer. Mr Newrneyer is an administrative law clerk to Judge Roger T Benitez of the U.S District Court for the Southern District of Califorma Mr. Newmeyer stresses that the 10-day period set by 28 U S C. § 636(b)(1) must be lengthened to 14 days This statute will presumablybeon the short list ofstatutof y periods that Congress should be asked to lengthen, so this suggestion is in line with the Project's current scheme Mr Newmcyer further suggests that it would be worthwhile to considersetting an even longer period for filing objections to case-dispositive rulings by magistiate judges This suggestion seems to fiall within the Civil Rules Committee's jurisdiction rather than that of the Tiue19
699
CompuLtation Pi oject Mr Newvieyer also expresses confusion as to whether the Civil Rule 6(a) time-comnputation proposals affect the "three-day I ule " As you know, the tune-computation project does not propose to change the three-day rule, and it seems unlikely that there will be confusion on this score in the event that the time-colnputation proposals are adopted (Mr Newmeyer's con fusion probably springs from the fact that the time-computation rules as published include only provisions in which a change is proposed, and thus omit Civil Rule 6(d)). In any event, Mr Newineyer suggests that the three-day rule should be deleted This suggestion, like Chief Judge Easterbrook's suggestion, is one that the Advisory Committees may well wish to add to their agendas, but is not one that seems appropriate for resolution in connection with the time-computation project itself 7 07-BK-012: Carol D. Bonifaci Ms. Bonifaci, a paralegal at a Seattle law firm, expresses confusion concerning the proposed time-computation rules' treatment of backward-counted and forward-counted deadlines Ms Bonifaci believes that ifa backward-counted deadline falls on a weekend, the time-computation proposals would direct one to reverse direction and count forward to Monday Ms Bonifaci observes that the proposed Committee Note makes clear that a deadline stated as a date certain (c g, ,,no later than November I. 2008") is not covered by the proposed tine-computation rules, and she suggests that this should also be stated in the text of the proposed Rules 8 07-BK-014: Robert NM. Steptoe, Jr. Mr Steptoe. a partner at Steptoe & Johnson, expresses concern "that the proposed timc-comi)putaton iules would govern a number of 20
700
statutory deadlines that do not themselves provide a method for computing time." and that the proposed rules .. 'May cause hardship if short time periods set in local rules are not adjusted " Therefore, he urges that the tine-computation proposals "not be implemented unless and until the Standing Committee is sure that it will receive the necessary cooperation from Congress and the local rules committees to meet the desired objective of simplification " 9 07-BK-018: FDIC Richard J Osterman, Jr, Acting Deputy General Counsel of the Litigation Branch of the Federal Deposit Insurance Corporation, writes to urge that Congress not be asked to amend the time periods set in certain provisions of the Federal Deposit Insurance Act. He explains that banking agencies such as the FDIC already "employ calendar days in their computations of time to respond to regulatory and enforcement decisions" - thus indicating that no adjustment is necessary or appropriate in connection with the time-computation project Since no participant in the time-computation project has suggested that the FDIA provisions should be included on the short list of statutory periods that Congress should be asked to change in light of the time-computation project, it seems fair to say that Mr Osterman's suggestion accords with the approach that the project is already taking Mr Osterman also suggests that Civil Form 3 be amended to "include a paragraph that references federal defendants, who have a full 60 days to respond as opposed to the standard 21 days you are proposing. This language is absent from the current summons fonin " This suggestion concerns the Civil Rules Committee rather than the TimeComputation Subcommittee (The version of Form 3 that is currently in effect does include an italicized parenthetical that 21
701
states "(Use 60 (lays il the defendant is the United States or a United States agency, oi is an officer or employee of the United States allowed 60 days by Rule 12(a)(3) )") 10 07-BK-019: DOJ Craig S. Morford, Acting Deputy Attorney General, writes on behalf of the Department of Justice to express support for the goals of the tinecomputation project, but also to express strong concerns ",about the interplay of the proposed amendment with both existing statutory periods and local rules " The DOJ argues that "changes should be addressed in relevant statutory and local rule provisions before a new time-computation rule is made applicable." Otherwise, the DOJ fears that the purposes of some statutes "may be frustrated." The DOJ argues that exempting statutory time periods from the new time-counting approach would be an undesirable solution since it would create "confusion and uncertainty" to have two different timecounting regimes (one for rules and one for statutes) Mr. Morford does not specifically state the DOJs position on which of the statutory time periods should be lengthened to offset the change in time-computation approach. His letter does refer to the Committee's identification of "some 168 statutes that contain deadlines that would require lengthening " The DOJ urges that the time-computation amendments not be allowed to take effect unless and until (1) Congress enacts legislation to lengthen all relevant statutory periods, (2) the local rulemaking bodies have had the opportunity to amend relevant local-rule deadlines, and (3) the bench and bar have had time to learn about the new time-counting rules. I1 07-BR-036: Rules and Practice Committee of the Seventh Circuit Bar Association. Thomas J Wiegand 22
702
writes on behalf of the Seventh Circuit Bai Associ taon'Rules and Practice Committee Hc reports that the Bar Association sponsored a lunchtime discussion of the proposed Rules amendments this past December One topic of discussion was whether the proposed time-computation rules* directive to "count every hour" when computing hour-based time periods will alter the application of Civil Rule 30(d)(2)'s presumptive seven-hour limit on the length of a deposition He suggests that "the Committee might desire to make clear whether any change is intended for calculating the 7-hour period in Rule 30(d)(2) " He also notes "On the assumption that changing how to calculate the 7-hour period is outside of this year's proposed changes to the Civil Rules, some members believe that changing either the 7-hour duration in Rule 30(d)(2), or how to calculate it, should be considered by the Committee in the future " One member of the group suggested that if the deadline for filing a notice of appeal under Rule 8002(a) were to be changed. it should be reduced to 7 days rather than extended to 14 12 07-BR-026; 07-BK-009: Alan N. Resnick. Professor Resnick previously served as first the Reporter to and then a member of the Bankruptcy Rules Committee Of particular relevance to the overall Time-Computation Project, Professor Resnick opposes adoption of a days-are-days tinecomputation approach in Bankruptcy Rule 9006 He points out that a days-are-days approach would result in "-the shortening of some state and federal statutory tine periods " Professor Resnick stresses that iftime periods set by the Bankruptcy Rules and the Civil Rules are altered, care must be taken to adjust the Bankruptcy Rules so that newlylengthened Civil Rules time periods are not inappropriately incorporated into the Bankruptcy Rules In particular. Professor Resnick notes that the Bankruptcy Rules ('o1mmittec should consider altering Bankruptcy Rule 9023's incorporation of Ciý i] Rule 59's provisions ifCix'il Rule 59 is amended to change current 10-day time limits to 30 days Professor Resnick also adds his voice to those that oppose the lengthening of Bankruptcy Rule 8 002's ten-day appeal period 23 703
But if Rule 8002's ten-day period is lengthened, then Professor Resnick points out other time periods in the Bankruptcy Rules that hie argues should be corresponding lengthened 13 07-BK-013; 07-BR-029: Judge Philip H. Brandt Judge Brandt. a U S Bankruptcy Judge in the Western District of Washington, argues that proposed Bankruptcy Rule 9006(a)(4)'s dcfinition of the end of the "last day" "would eliminate 'drop-box' filings, and would advantage electronic filers over debtors and other parties representing themselves, and over attorneys who practice infrequently in bankruptcy court and are not electronic filers." The root of his concern is that (a)(4) sets a default rule that the end of the day is midnight for e-filers, but sets a default rule that the end of the day falls at the scheduled closing of the clerk's office for none-filers. I le urges that 9 006(a)(4) be amended to state "simply • that the time period 'ends at midnight in the court's time zone'" for all filers
14 07-BK-015: Committee on Bankruptcy and Corporate Reorganization of the Association of the Bar of the City of New York The Committee on Bankruptcy and Corporate Reorganization of the Association of the Bar of the City of New York ("ABCNY Bankruptcy Committee") writes in opposition to the time-computation proposals The Committee focuses its opposition on the time-computation proposal for Bankruptcy Rule 9006 With respect to the tinecomputation proposals foi the other sets of Rules, the Committee cites with approval the comments of the Committee on Civil Litigation of the U S District Court for the Eastern District of New York ("EDNY Committee") The ABCNY Bankruptcy C'ommittee's objections to the tiire-computation pi oposals arc very similar to those stated by the EDNY Committee, in srum, the ABCNY Bankruptcy Committee believes that the costs of the time-computation proposals stiongly outweigh their benefits This summary highlights those aspects of the ABCNY Bankruptcy ('ommnttee's comments that differ from those of the EDNY 24 704
Committee The ABCNY Bankruptcy Comnmittee suggests, among othei problems, that "some local courts mnght decidc to retain the present computational approach through the promulgation of local rules," which would compound the resulting confusion The ABCNY Bankruptcy Committee also suggests that "'[m]idnight' is often defined as 12 00 a in , or the beginning of a given day" Thus, the Committee "believes that the intent of the proposal was to permit filings up to and including 11.59 p m., or the end of a given (lay "" 15. 07-BK-022: National Bankruptcy Conference Richard Levin writes on behalf of the National Bankruptcy Conference ("NBC"), which "strongly endorses and supports" the comments previously submitted by Professor Alan Resnick. The NBC also warns that the proposed changes to various bankruptcy-relevant time periods could result in unintended consequences, it thus suggests "that the Advisory Committee delay incorporation of the 7, 14, 21, and 28 day time period changes into the Bankruptcy Rules until the impact of those changes [is] studied further Changes Made After Publication: The reference to Rule 6(a)(1) in subdivision (a)(3)(A) at line 50 of the rule as it was published was corrected by referring instead to Rule 9 006(a)(1).
Rule 1007. Limits" I 2 3
Lists, Schedules and Statements; Time
(a) LIST OF CREDITORS AND EQUITY SECURITY HOLDERS, STATEMENT AND CORPORATE OWNERSHIP
Incorporates amendments approved by the Supreme Court that are clue to take effect on l)cceinber I, 2008, ifCongress takes no action to the contrary 25 705
4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (c) TIME LIMITS In a voluntary case, the schedules (2) hwolntuari Case In an involuntary case, the debtor shall tile within -5 14. days after entry of the order for relief, a list containing the name and address of@each entity included oi to be included on Schedules D, E, F, G, and H as prescribed by the Official Forns (3) Equity Security Holder. In a chapter 11
reorganization case, unless the court orders otherwise, the debtor shall tile within I-5 14 days after entry of the order for relief a list of the debtor's equity security holders of each class showing the number and kind of interests registered in the name of each holder, and the last known address or place of business of each holder
statements, and other documents required by subdivision (b)( 1), (4), (5), and (6) shall be filed with the petition or within -1-5 14 days thereafter, except as otherwise provided in subdivisions (d). (e), (t). and (h) of this rule. In an involuntary case, the list in subdivision (a)(2), and the schedules, statements, and other documents requned by subdi, ision (b)(l ) shall be tiled by the debtor within -i5 14
'1lie Coitniittee on Practice and Procedure has approved for publication in August 2008 an amendment to this deadlinc Under the proposal, the 14 day period will become a seven day period 26 706
26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48
(lays of the entry of the order for relief. In a %,olutary case, the documents required by paragraphs (A), (C). and (D) of subdivision (b)(3) shall be filed with the petition Unless the
court orders otherwise, a debtor who has filed a statement under subdivision (b)(3)(B). shall file the documents required by subdivision (b)(3)(A) within +5 14 days of the order for relief In a chapter 7 case, the debtor shall file the statement required by subdivision (b)(7) within 45*** days after the first date set for the meeting of creditors under § 341 of the Code, and in a chapter 11 or 13 case no later than the date when the last payment was made by the debtor as required by the plan or the filing of a motion for a discharge under § 1141 (d)(5)(B) or § 1328(b) of the Code. The court may, at any time and in its discretion, enlarge the time to file the statement required by subdivision (b)(7) The debtor shall file the statement
required by subdivision (b)(8) no earlier than the date of the last payment made under the plan or the date of the filing of a motion for a discharge under §§ 1141(d)(5)(B), I228(b). or 1328(b) of the Code Lists, schedules, statements, and other documents filed prior to the conversion of a case to anothcr chapter shall be deemed filed in the converted case unless the court directs otherwise Except as provided in § I 116(3), any
extension of' time to file schedules, statements, and other
The Committee on Practice and Procedure has approved foi publication in August 2008 an amnendment to this deadline Under the proposal, the 45 day dcadline will become a 60 day deadline 27 707
49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73
documents recquied under this rule may be granted only on motion for cause shox\ n and on notice to the United States trustee, any committee elected under § 705 or appointed under § 1102 of the Code, trustee, examiner, or other party as the court may direct Notice of an extension shall be given to the United States trustee and to any committee, trustee, or other party as the court may direct
(f) STATEMENT OF SOCIAL SECURITYNUMBER. An individual debtor shall submit a verified statement that sets out the debtor's social security number, or states that the debtor does not have a social security number In a voluntary case, the debtor shall submit the statement with the petition in an involuntary case, the debtor shall submit the statement within +5 14 days after the entry of the order for relief
(h) INTERES IS ACQUIRED OR ARISING AFTER PETITION If, as provided by § 541(a)(5) of the Code, the
debtor acquites or becomes entitled to acquire any interest in property, the debtor shall within +0 14 days after the inlfonration cones to the debtor's knowledge or within such further time the court may allow, file a supplemrental schedule in the chapter 7 I q t dation ease, chapter 1 I reorganization case, chaptei 12 fimily lhrner's debt adjustment case, oi chapter I'3 Ii
ixi]dual debt adjustment case
If any of the
28 708
74 75 76 77 78 79 80 81 82 83
property requred to be reported under this subdivision i, claimed by the debtor as exempt, the debtor shall claim the exemptions in the supplemental schedule The duty to file a supplemental schedule in accordance with this subdivision continues notwithstanding the closing of the case, except that the schedule need not be filed in a chapter 11, chapter 12, or chapter 13 case with respect to property acquired aftei entry of the order confirming a chapter I I plan or discharging the debtor in a chapter 12 or chapter 13 case
COMMITTEE NOTE The rule is amended to implement changes in connection with the amendment to Rule 9 006(a) and the manner by which time is computed under the rules Each deadline in the rule of fewer than 30 days is amended to substitute a deadline that is a multiple of seven days Throughout the rules, deadlines are amended in the following manner 5 10 15 20 25 day periods day periods day periods (lay periods day periods become become become become become 7 day perods 14 day periods 14 day periods 21 day periods 28 day periods
Rule 1011. Responsive Pleading or Motion in Involuntary
29
709
and Cross-Border Cases
I 2 3 4 5 6 7 8
9
(b)
DEFENSES
AND
OBJECTIONS,
WHEN
PRESENTED
Defenses and objections to the petition shall
be presented in the manner prescribed by Rule 12 F R Civ P and shall be filed and served within 20 21 days after service of the sumnmons, except that if service is made by publication on a party or partner not residing or found within the state in which the court sits, the court shall prescribe the time for filing and serving the response
COMMITTEE NOTE The rule is amended to implement changes in connection with the amendment to Rule 9006(a) and the manner by which time is computed under the rules The deadline in the rule is amended to substitute a deadline that is a multiple of seven days Throughout the rules, deadlines are amended in the following manner5 day periods become 7 day periods 1 ( day periods become 14 day periods 15 day periods become 14 day periods
Incorporates amendments approved by the Supreme Court that are due to take effect on December 1, 2008, if Congress takes no action to the contrary 30
710
20 day periods become 21 day periods 25 dax periods become 28 day periods
Rule 1019. Conversion of Chapter 11 Reorganization Case, Chapter 12 Family Farmer's Debt Adjustment Case, or Chapter 13 Individual's Debt Adjustment Case to Chapter 7 Liquidation Case
2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Case
(5)
Filing Final Report and Schedule of
Postpetitzon Debts (A) Conversion of Chapter 11 or Chapter 12 Unless the court directs otherwise, if a chapter I I or
chapter 12 case is converted to chapter 7, the debtor in possession or, if the debtor is not a debtor in possession, the trustee serving at the time of conversion, shall
(1)
not later than -+5 14 days after
conversion of the case, file a schedule of unpaid debts incurred after the filing of the petition and before conversion of the case, including the name and address of each holder of a claim, and
(11)
not later than 30 days alter
conversion of the case, file and transmit to the United States trustee a final report and account,
31
711
17
(B) Conversion of Chapter 13 Case
Unless
18
19 20 21 22 23 24 25 26 27 28
the court directs otherxx ise. if a chapter 13 case is converted
to chapter 7.
(1) the debtor, not later than 15 14 days
after conversion of the case, shall file a schedule of unpaid debts incuired after the filing of the petition and before conversion of the case, including the name and address of each holder of a claim, and the trustee, not later than 30 days after conversion of the case, shall file and transmit to the United States trustee a final report and account,
COMMITTEE NOTE The rule is amended to implement changes in connection with the amendment to Rule 9 006(a) and the manner by which time is computed under the rules The deadline in the rule is amended to substitute a deadline that is a multiple of seven days Throughout the rules, deadlines i c amended in the following manner 5 day periods 10Cday periods 15 day pcriods 20 clay periods 25 day periods become become become become become 7 clay periods 14 day periods 14 day periods 21 day periods 28 clay periods
32
712
Rule 1020. Small Business Chapter 11 Reorganization Case"
I
2 3 4 5 6 7 8 9 I0 I1
(a) SMALLBUSINESS DEBTOR DESIGNATION In
a voluntary chapter II case, the debtor shall state in tile petition whether the debtor is a small business debtor In an involuntary chapter 11 case, the debtor shall file within +5 14 days after entry of the order for relief a statement as to whether the debtor is a small business debtor. Except as
provided in subdivision (c), the status of the case as a small business case shall be in accordance with the debtor', statement under this subdivision, unless and until the court enters an order finding that the debtor's statement is incorrect
COMMITTEE NOTE The rule is amended to implement changes in connection with the amendment to Rule 9006(a) and the manner by which time is computed under the rules The deadline in the rule is amended to substitute a deadline that is a multiple of seven days Throughout the rules, deadlines are amended in the following manner Incorporates amendments approved by the Supreme Court that are due to take effect on Dcceniber 1, 2008, if Congress takes no action to the contrary
33
713
5 day periods 10 day periods 15 day periods 20 day periods 25 day periods
become become become become become
7 day periods 14 day periods 14 day periods 21 day periods 28 day periods
Rule 2002. Notices to Creditors, Equity Security Holders, Administrators in Foreign Proceedings, Persons Against Whom Provisional Relief is Sought in Ancillary and Other Cross-Border Cases, United States, and United States Trustee*... I 2 3 4 5 6 7 8 9 10 II (b) TWENTY WiVE-EIGHT-DAY NOTICES TO (a) TWENTY-ONE-DAY NOTICES TO PARTIES IN INTEREST. Except as provided in subdivisions (h), (), (0), (p), and (q) of this rule, the clerk, or some other person as the court may direct, shall give the debtor, the trustee, all creditors and indenture trustees at least 2-0 21 days' notice by mail of
PAR FIES IN INTEREST Except as provided in subdivision (1) of this rule. the clerk, or some other person as the court may direct, shall give the debtor, the trustee, all creditors and
.... Incorporates amendments approved by the Supreme Court that are due to take efiect on December 1, 2008, if Congress takes no action to the contrary 34
714
12 13 14 15 16 17 is 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33
indenture trustees not less than z5 28 days notice by mail of the time fixed (1) foi filing objections and the hearing to consider approval of a disclosure statement or, under ý 1125(f), to make a final determination whether the plan provides adequate information so that a separate disclosure statement is not necessary, and (2) for filing objections and the hearing to consider confirmation of a chapter 9, chapter 11, or chapter 13 plan
(o)
NOTICE
OF
ORDER
FOR
RELIEF
IN
CONSUMER CASE In a voluntary case commenced by an individual debtor whose debts are primarily consumer debts, the clerk or some other person as the court may direct shall give the trustee and all creditors notice by mail of the order for relief within ± 221 days from the date thereof (q) NOTICE OF PETfI'ION FOR RECOGNITION OF FOREIGN PROCEEDING AND OF COURT'S INTENTION TO COMMUNICATE WITH FOREIGN COURTS AND FOREIGN REPRESENTATIVES (1) Aozclc of Pctition for Recognition The clei k, or some other person as the court may diiect, shall forthwith give the debtor, all pei sons or bodies authorized to adniinistci
35
715
34 35 36 37 38 39 40 41 42
foreign proceedings of the debtor, all entities against whom provisional relief is being sought under § 1519 of the Code, all parties to litigation pending in the United States in which the debtor is a party at the time of the filing of the petition, and such other entities as the court may direct, at least 20 21 days' notice by mail of the hearing on the petition for recognition of a foreign proceeding The notice shall state
whether the petition seeks recognition as a foreign main proceeding or foreign nonmain proceeding.
COMMITTEE NOTE
The rule is amended to implement changes in connection with the amendment to Rule 9006(a) and the manner by which time is computed under the rules- The deadline in the rule is amended to substitute a deadline that is a multiple of seven days. Throughout the rules, deadlines are amended in the following manner 5 day periods 10 day periods 15 day periods 20 (lay periods 25 day periods Rule 2003. become become become become become 7 day periods 14 day periods 14 day periods 21 day periods 28 day periods
Meeting of Creditors or Equity Security
36
716
Holders ........ (a) DATE AND PLACE Except as otherwise provided 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 in § 341 (e) of the Code, in a chapter 7 liquidation or a chapter 11 reorganization case, the United States trustee shall call a meeting of creditors to be held no fewer than 2*) 21 and no more than 40 days after the order for relief In a chapter 12 family farmer debt adjustment case, the United States trustee shall call a meeting of creditors to be held no fewer than 2*0 21 and no more than 35 days after the order for relief In a chapter 13 individual's debt adjustment case, the United States trustee shall call a meeting of creditors to be held no fewer than 20 21 and no more than 50 days after the ordcr for relief If there is an appeal from or a motion to vacate the order for relief, or if there is a motion to dismiss the case, the United States trustee may set a later date for the meeting The meeting may be held at a regular place for holding court or at any other place designated by the United States trustee within the district convenient for the parties in interest If the Jited n States trustee designates a place for the meeting which is not regularly staffed by the United States trustee oi an assistant
Incorporates amendments approved by the Supreme Court that are due to take effect on December 1, 2008, if Congress takes no action to the contrary 37
717
20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40
who may preside at the meeting. the meeting mnay be held not more than 60 days after the order for relief
(d) REPORT OF ELECTION AND RESOLU I-ION OF DISPUTES IN A CHAPTER 7 CASE.
(2) Disputed Election If the election is disputed, the United States trustee shall promptly file a report stating that the election is disputed, inforinng the court of the nature of the dispute, and listing the name and address of any candidate elected under any alternative presented by the dispute No later than the date on which the report is filed,
the United States trustee shall mail a copy of the report to any party in interest that has made a request to receive a copy of the report Pending disposition by the court of a disputed election for trustee, the interim trustee shall continue in office Unless a motion lbr the resolution of the dispute is filed no later than -0 14 days after the United States trustee files a teport of"a disputed election for trustee, the interim trustee shall set\e as a trustee in the case
38
718
COMMITTEE NOTE The rule is amended to implement changes in connection with the amendment to Rule 9006(a) and the manner by which time is computed under the rules The deadline in the rule is amended to substitute a deadline that is a multiple of seven days Throughout the rules, deadlines are amended in the following manner 5 day periods 10 day periods 15 day periods 20 day periods 25 day periods become become become become become 7 day periods 14 day periods 14 day periods 21 day periods 28 day periods
Rule 2006. Solicitation and Voting of Proxies in Chapter 7 Liquidation Cases
2 3 4 5 6 7 8 9 10
(c) AUTHORIZED SOLICITATION (1) A proxy may be solicited only by (A) a creditor owning an allowable unsecured claim against the estate on the date of the filing of the petition. (B) a committee elected pursuant to § 705 of the Code, (C) a committee of creditors selected by a majority in number and amount of claims of creditors (i) " hose claims are not contingent or unliquidated, who are not dlisqualified from voting under § 702(a) of the Code and (ni) who were present or represented at a meeting
39
719
II 12 13 14 15 16 17 18 19 20
of which all creditors having claius of over $500 or the 100 creditors having the largest claims had at least fhm seven days notice in writing and of which meeting written minutes were kept and are available reporting the names of the creditors present or represented and voting and the amounts of theiclaims, or (D) a bona fide trade or credit association, but such association may solicit only creditors who were its members or subscribers in good standing and had allowable unsecured claims on the date of the filing of the petition
COMMITTEE NOTE The rule is amended to implement changes in connection with the amendment to Rule 9006(a) and the manner by which time is computed under the rules The deadline in the rule is amended to substitute a deadline that is a multiple of seven days Throughout the rules, deadlines are amended in the following manner5 day periods 10 day periods 15 day periods 20 day periods 25 day periods become become become become become 7 day periods 14 day periods 14 day periods 21 day periods 28 day periods
Rule 2007.
Review
of Appointment
of Creditors'
40
720
Committee Organized Before Commencement of the Case
2 3 4 5 6 7 8 9 10 II 12 13 14 15 16
(b) SELECTION OF MEMBERS OF COMMITTEE The court may find that a committee organized by unsecured creditors before the commencement of a chapter 9 or chapter 11 case was fairly chosen if (1) it was selected by a majority in number and amount of claims of unsecured creditors who may vote under § 702(a) of the Code and were present in person or represented at a meeting of which all creditors having unsecured claims of over $1,000 or the 100 unsecured creditors having the largest claims had at least fire seven days notice in writing, and of which meeting written minutes reporting the names of the creditors present or represented and voting and the amounts of their claims were kept and are available for inspection:
COMMITTEE NOTE The rule is amended to implement changes in connection with the amendment to Rule 9006(a) and the manner by which time is computed under the rules The deadline in the rule is amended to substitute a deadline that is a multiple of seven days Throughout thle rules, deadlines are amended in the following mannei
41
721
5 (lay periods 10 day periods 15 day periods 20 day periods 25 day periods
become 7 clay pet iods become 14 day pei iods become 14 day periods become 21 day periods become 28 day periods
Rule 2007.2. Appointment of Patient Care Ombudsman in a Health Care Business Case-..... I 2 3 4 5 6 7 8 9 10 I1 COMMITTEE NOTE (a) ORDER TO APPOINT PATIENT CARE
OMBUDSMAN In a chapter 7, chapter 9, or chapter II case in which the debtor is a health care business, the court shall order the appointment of a patient care ombudsman under § 333 of the Code, unless the court, on motion of the United States trustee or a party in interest filed no later than 26 21 days after the commencement of the case or within another time fixed by the court, finds that the appointment of a patient care ombudsman is not necessary under the specific circumstances of the case foi the protection of patients
Incorporates amendments approved by the Supreme Court that are due to take effect on December I, 2008, if Congress takes no action to the contrary 42
722
The rule is umended to implement changes in connection with the amendment to Rule 9 006(a) and the manner by which time is computed undei tile rules The deadline in the rule is amended to substitute a deadline that is a multiple of seven days Throughout the rules, deadlines are amended in the following manner. 5 day 10 day 15 day 20 day 25 day periods periods periods periods periods become become become become become 7 day periods 14 day periods 14 day periods 21 day periods 28 day penods
Rule 2008. Notice to Trustee of Selection I 2 3 4 5 6 7 8 9 10 II 12 13 43 The United States trustee shall immediately notify the person selected as trustee how to qualify and, if applicable. the amount of the trustee's bond A trustee that has filed a
blanket bond pursuant to Rule 2010 and has been selected as trustee in a chapter 7, chapter 12, or chapter 13 case that does not notify the court and the United States trustee in writing of rejection of the office within fivc seven days after receipt of notice of selection shall be deemed to have accepted the otfice Any other person selected as trustee shall notify the court and the United States trustee in writing of acceptance of the office within five seven days after receipt of notice of selection or shall be deemed to have rejected the office
723
COMMITTEE NOTE The rule is amended to implement changes in connection with the amendment to Rule 9006(a) and the manner by which time is computed under the rules The deadline in the rule is amended to substitute a deadline that is a multiple of seven days. Throughout the rules, deadlines are amended in the following manner' 5 day periods 10 day periods 15 day periods 20 day periods 25 day periods become become become become become 7 day penods 14 day periods 14 day periods 21 day periods 28 day periods
Rule 2015. Duty to Keep Records, Make Reports, and Give Notice of Case or Change of Status" ..... I 2 (a) TRUSTEE OR DEBTOR IN POSSESSION trustee or debtor in possession shall. A
4 5 6
(6) in a chapter 11 small business case, unless the court, for cause, sets another reporting interval, file and tiansmit to the United States trustee for each calendar month
Incorporates amendments approved by the Supreme Court that are due to take effect on December I, 2008. if Congress takes no action to the contrary 44
724
7 8 9 10 1I 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
after the ordei foI relIef, on the appropriate Official Form, thie report required by 3018 It the order for relief is within the first 15 days of a calendar month, a report shall be filed for the portion of the month that follows the order for relief If the order for relief is after the 15" day of a calendar month, the period for the remainder of the month shall be included in the report for the next calendar month Each report shall be filed no later than 20 21 days after the last day of the calendar month following the month covered by the report The obligation to file reports under this subparagraph terminates on the effective date of the plan, or conversion or dismissal of the case
(d) FOREIGN REPRESENTATIVE. In a case in which the court has granted recognition of a foreign proceeding under chapter 15, the foreign representative shall file any notice required under § 1518 of the Code within +5 14 days after the date when the representative becomes aware of the subsequent information
COMMITTEE NOTE The rule is amended to implement changes in connection
45
725
with the amendment to Rule 9006(a) and the mnanner by which time is computed under the rules The deadline in the rule is amended to substitute a deadline that is a multiple of seven clays Throughout the rules, deadlines are amended in the following manner 5 day periods 10 day periods 15 day periods 20 day periods 25 day periods
Rule 2015.1. I 2 3 4 5 6 7 8 9
become 7 day periods become 14 day periods become 14 day periods become 21 day periods become 28 day periods
Patient Care Ombudsman** .... **... Unless the court orders otherwise, a
(a) REPORTS
patient care ombudsman, at least ±0 14 days before making a report under § 333(b)(2) of the Code, shall give notice that the report will be made to the court The notice shall be
transmitted to the United States trustee, posted conspicuously at the health care facility that is the subject of the report, and served on the debtor, the trustee; all patients, and any committee elected under § 705 or appointed under § 1102 of the Code or its authorized agent, ot, if the case is a chapter 9
Incorporates amendments approved by the Supreme Court that are due to take effect on December 1, 2008. if Congress takes no action to the contrary
46
726
10
II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30
inLunicipality case or a chapter I I reorganization case and no cominttcc of unSccuCd creditors has been appointed under
§ 1102, on the creditors included on the list filed under Rule
1007(d), and such other entities as the court may direct The notice shall state the date and time when the report will be made, the manner in which the report will be made, and, ifthe report is in writing, the name, address, telephone number. email address, and website, if any, of the person from whom a copy of the report may be obtained at the debtor's expense (b) AUTHORIZATION TO REVIEW
CONFIDENTIAL PATIENT RECORDS
A motion by a
health care ombudsman under § 333(c) to reviewv confidential patient records shall be governed by Rule 9014, served on the patient and any family member or other contact person whose name and address has been given to the trustee or the debtor for the purpose of providing information regarding the patient's health care, and transmitted to the United States trustee subject to applicable nonbankruptcy law relating to patient privacy Unlscs the court orders otherwise, a hearing on the motion mnay not be commenced earlier than +5 14 days after scrxvice of the motion ('OMMITTEE NOTE 47
727
The rule is amended to inplemeent changes in connection with the amendment to Rule 9 006(a) and the lnannei by which time is computed under the rules The deadline in the rule is amended to substitute a deadline that is a multiple of seven days Throughout the rules, deadlines are amended in the following manner. 5 day periods 10 day periods 15 day periods 20 day periods 25 day periods become become become become become 7 day periods 14 day periods 14 day periods 21 day periods 28 day periods
Rule 2015.2. Transfer of Patient in Health Care Business Case I 2 3 4 5 6 7 8 Unless the court orders otherwise, if the debtor is a health care business, the trustee may not transfer a patient to another health care business under § 704(a)(12) of the Code unless the trustee gives at least -O 14 days' notice of the transfer to the patient care ombudsman, if any, the patient, and any family member or other contact peison whose name and address has been given to the trustee or the debtor fbi the purpose of pioviding information regarding the patient's
Incorporates amendments approved by the Supreme Court that die due to take effect on December 1, 2008. i Congress takes no action to the contrary 48
728
9 10
health care The notice is subject to applicable nonbankruptc\ lam ielating to patient pi vacy
COMMITTEE NOTE The rule is amended to implement changes in connection with the amendment to Rule 9 006(a) and the manner by which time is computed under the rules. The deadline in the rule is amended to substitute a deadline that is a multiple of seven days Throughout the rules, deadlines are amended in the following manner 5 day periods 10 day periods 15 day periods 20 day periods 25 day periods become 7 day periods become 14 day periods become 14 day periods become 21 day periods become 28 day periods
Rule 2015.3. Reports of Financial Information on Entities in Which a Chapter 11 Estate Holds a Controlling or Substantial Interest*******
2 3 4
(b) TIME FOR FILING, SERVICE
The first report
required by this rule shall be filed no later than five seven days before the first date set for the meeting of creditors under
Incorporates amendments approved by the Supreme Court that are due to take effect on Decembet I, 2008, if Congress takes no action to the contrary 49
729
5 6 7 8 9 10 11*** 12 13 14 15 16 17 18 19 20 21 22 23
§ 341 of the Code. Subsequent reports shall be filed no les frequently than every six months thereaftei, LntI] the effective date of a plan or the case is dismissed or converted Copies
of the rcport shall be served on the United States trustee, any committee appointed under § 1102 of the Code, and any other party in interest that has filed a request therefor
(e) NOTICE AND PROTECTIVE ORDERS
No later
than 9 221 days before filing the first report required by this rule, the trustee or debtor in possession shall send notice to the entity in which the estate has a substantial or controlling interest, and to all holdersknown to the trustee or debtor in
possession----of an interest in that entity, that the trustee or debtor in possession expects to file and serve financial information relating to the entity in accordance with this rule The entity in which the estate has a substantial or controlling interest, or a person holding an interest in that entity, may request protection of the information under § 107 of the ('ode
COMMITTEE NOTE The rule is amended to implement changes in connection 50
730
with tile amenldimclnt to Rule 9 0 06(a) and the manner by which time Is computed under the rules The deadline in the rule is amended to substitute a deadline that is a multiple of seven days Th oughout the rules, deadlines are amended in the following manner 5 clay periods I (I) day periods 15 day periods 20 day periods 25 day periods become become become become become 7 day periods 14 day periods 14 day periods 21 day periods 28 day periods
Rule 2016. Compensation for Services Rendered and Reimbursement of Expenses********
2
3 4 5 6 7
(b) DISCLOSURE OF COMPENSATION PAID OR PROMISED TO ATTORNEY FOR DEBTOR Every attorney for a debtor, whether or not the attorney applies for compensation, shall file and transmit to the United States trustee within +5 14 days after the ordei for relief, or at another time as the court maydirect, the statement required by
In addition, the Advisory Committee on Bankruptcy Rules has recommended approval of a proposed technical amendment to Rule 2 016(c), which also would take effect on December 1, 2009, if the Committee on Rules of Practice and Procedure, the Judicial Conference, and the Supreme Court approx c and if Congress takes no action to the conti ary The pioposed technical amendment is set out in Part I D of this report 51
731
8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
§ 329 of the Code including whether the attorney has shared or agreed to share the compensation with any other entity The statement shall include the parlicula-s ofany such sharing or agreement to share by the attorney, but the details of any agreement for the sharing ofthe compensation with a member oi regular associate of the attorney's law firm shall not be required A supplemental statement shall be filed and transmitted to the United States trustee within 1-5 14 days after any payrnent or agreement not previously disclosed (c) DISCLOSURE OF COMPENSATION PAID OR PROMISED TO BANKRUPTCY PETITION PREPARER Every bankruptcy petition preparer for a debtor shall file a declaration under penalty of perjury and transmit the declaration to the United States trustee within -1-0 14 days after the date of the filing of the petition, or at another time as the court may direct. as required by § I I0(h)(1 ). The declaration must disclose any fee, and the source of any lee, received from or onl behalfof the debtor within 12 months ofthe filing of the case and all unpaid fees charged to the debtor I he declaration must describe the serx ices performed and documents prepared or caused to be prepared
by the
52
732
29 30 3] 32
bankruptcy petition preparer A supplemental statement shall be filed within LO 14 (lays after any payment or agreement not previously disclosed
COMMITTEE NOTE The rule is amended to implement changes m connection with the amendment to Rule 9006(a) and the manner by which time is computed under the rules The deadline in the rule is amended to substitute a deadline that is a multiple of seven days. Throughout the rules, deadlines are amended in the following manner 5 day periods 10 day periods 15 day periods 20 day periods 25 day periods become become become become become 7 day periods 14 day periods 14 day penods 21 day periods 28 day periods
Rule 3001. Proof of Claim
2 3 4 5 6 7
(e) TRANSFERRED CLAIM
(2) Ti nes/er of('lamin O/ihcrthmii for Securityafiite Proof Fzled If a claim other than one based on a publicly
traded note, bond, or debenture has been transferred othei than for security after the proof of claim has been filed. 53
733
8 9
evidence of the transfer shall be filed by the tiansferee The clerk shall immediately notify the alleged transferor by mail of the filing of the evidence of transfer and that objection thereto, if any, must be filed within 2-) 21 days of the mailing of the notice or within any additional time allowed by the court If the alleged transferor files a timely objection and the court finds, after notice and a hearing, that the claim has been transferred other than for security, it shall enter an order substituting the transferee for the transferor If a tmnely
I0
II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
27,
objection is not filed by the alleged transferor, the transferee shall be substituted for the transferor
(4)
Transfer of Claim for Security after Proof
Filed. If a claim other than one based on a publicly traded note, bond, or debenture has been transferred for security after the proof of claim has been filed, evidence of the terms of the transfer shall be filed by the transferee ' he clerk shall
immediately notify the alleged transferor by mail of the filing of the evidence of transfer and that objection thereto, if any, must be filed within 2-0 21 days of the mailing of the notice or within any additional time allowed by the court If a tincly
28
54
734
29 30 31 32 33 34 35 36 37 38
objection is filed by the alleged transferor, the court, after notice and a hearing, shall determine whether the claim has been transferred for security If the transferor or transferee
does not file an agreement regarding its relative rights respecting voting of the claim, payment of dividends thereon, or participation in the administration of the estate, on motion by a party in interest and after notice and a hearing, the court shall enter such orders respecting these matters as may be appropriate
COMMITTEE NOTE
The rule is amended to implement changes in connection
with the amendment to Rule 9006(a) and the manner by which time is computed under the rules The deadline in the rule is amended to substitute a deadline that is a multiple of seven days Throughout the rules, deadlines are amended in the following manner 5 day periods 10 day periods 15 day periods 20 day periods 25 day petiods become become become become become 7 day periods 14 day periods 14 day periods 21 day periods 28 day periods
Rule 3015. Filing. Objection to Confirmation, and Modification ol a Plan in a Chapter 12 Family Farmer's Debt Adjustment or a Chapter 13 Individual's Debt
S5
735
Adjustment Case
2 3 4 5
6 7 8 9 10 11 12 13 14 15 16 17 18 19 20
(b) CHAPTER 13 PLAN The debtormay file a chapter 13 plan with the petition If a plan is not filed with the 5-I14 days thereafter, and
petition, it shall be filed within
such time may not be further extended except for cause shown
and on notice as the court may direct If a case is converted to chapter 13, a plan shall be filed within 1-5 14 days thereafter, and such time may not be further extended except for cause shown and on notice as the court may direct
(g)
MODIFICATION
OF
PLAN
AFTER
CONFIRMATION
A request to modify a plan pursuant to
§ 1229 or § 1329 of the Code shall identify the proponent and shall be filed together with the proposed modification The
clerk, or some other person as the court may direct, shall give the debtor, the trustee, and all creditors not less than 2-0 21 clays notice by mail of the time fixed for filing objections and,
if an objection is filed, the hearing to consider the proposed
modification, unless the court orders otherwise with iespect to creditors who are not affected 56 by the proposed
736
21 22 23 24 25 26 27 28 29 30 31 32
modification
A copy of the notice shall be transmitted to the
United States trustee A copy of the proposed modification. or a summary thereof, shall be included with the notice If
required by the court, the proponent shall furnish a sufficient number of copies of the proposed modification, or a summary thereof, to enable the clerk to include a copy with each notice Any objection to the proposed modification shall be filed and served on the debtor, the trustee, and any other entity designated by the court, and shall be transmitted to the United States trustee An objection to a proposed modification is
governed by Rule 9014
COMMITTEE NOTE The rule is amended to implement changes in connection with the amendment to Rule 9006(a) and the manner by which time is computed under the rules. The deadline in the rule is amended to substitute a deadline that is a multiple of seven days Throughout the rules, deadlines are amended in the following manner 5 10 15 20 25 day day day day clay periods periods periods periods periods become become become become become 7 day periods 14 day periods 14 day periods 21 day perods 28 day periods
57
737
Rule 3017. Court Consideration of Disclosure Statement in a Chapter 9 Municipality or Chapter II Reorganization Case I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 is (a) HEARING ON DISCLOSURE STATEMENI AND OBJECTIONS Except as provided in Rule 3017 1, afler a
disclosure statement is filed in accordance with Rule 3016(b), the court shall hold a hearing on at least z5 28 days' notice to the debtor, creditors, equity security holders and other parties in interest as provided in Rule 2002 to consider the disclosure statement and any objections or modifications thereto The
plan and the disclosure statement shall be mailed xx th the notice of the hearing only to the debtor, any trustee ot committee appointed under the Code, the Securities and Exchange Commission, and any party in interest who requests in writing a copy of the statement or plan. Objections to the disclosure statement shall be filed and served on the debtoi. the trustee, any committee appointed under the Code, and any other entity designated by the court, at any time before the disclosure statement is approved or by an earlier date as the court may fix In a chapter 11 reorganization case, every
notice, plan, disclosure statement, and objection required to
58
738
19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36
be served or mailed pursuant to this subdivision shall be transmitted to the United States trustee within the time provided in this subdivision
(0 DOCUMENTS
NOTICE TO
AND
TRANSMISSION SUBJECT TO
OF AN
ENTITIES
INJUNCTION UNDER A PLAN
If a plan provides for an
injunction against conduct not otherwise enjoined under the Code and an entity that would be subject to the injunction is not a creditor or equity security holder, at the hearing held under Rule 3017(a). the court shall consider procedures for providing the entity with (1) at least 2-5 28 days' notice of the time fixed for filing objections and the hearing on confirmation of the plan containing the information described in Rule 2002(c)(3); and (2) to the extent feasible, a copy of the plan and disclosure statement
COMMITTEE NOTE The rulc is amended to implement changes in connection with the amendment to Rule 9006(a) and the manner by which time is computed undei the rules The deadline in the rule is amended to substitute a deadline that is a multiple of
59
739
seven days Throughout the rules, deadlines are amended InI
the following manner: 5 day periods become 7 day periods 10 day periods become 14 day periods 15 day periods become 14 day periods 20 day periods become 21 day periods 5 day periods become 28 day periods
Rule 3019. Modification of Accepted Plan in a Chapter 9 Municipality or Chapter 11 Reorganization Case ..... ..
I 2 3 4 5 6 7 8
(b)
MODIFICATION
OF
PLAN
AFTER
CONFIRMATION IN INDIVIDUAL DEBTOR CASE Ifthe debtor is an individual, a request to modify the plan under § 1127(e) of the Code is governed by Rule 9014 The request shall identify the proponent and shall be filed together with the proposed modification The clerk, or some other person
as the court may direct, shall give the debtor, the trustee, and all creditors not less than 20 21 days' notice by mail of the
Incorporates amendments appi oved by the Supreme Court that are due to take effect on December I 2008, if Congress takes no action to the contrary
-
60
740
9 10 I1 12
13 14 15 16 17 18 19
time fixed to file objections and, if an objection is filed, the hearing to consider the proposed modification, unless the court orders otherwise with respect to creditors who are not affected by the proposed modification A copy of the notice
shall be transmitted to the United States trustee, together with a copy of the proposed modification Any objection to the
proposed modification shall be filed and served on the debtor, the proponent of the modification, the trustee, and any other entity designated by the court, and shall be transmitted to the United States trustee
COMMITTEE NOTE
The rule is amended to implement changes in connection with the amendment to Rule 9006(a) and the manner by which time is computed under the rules The deadline in the rule is amended to substitute a deadline that is a multiple of seven days Throughout the rules, deadlines are amended in the following manner 5 day periods 10 day periods 15 day periods 20 clay periods 25 day periods become become become become become 7 day periods 14 day periods 14 day periods 21 day periods 28 day periods
Rule 3020. Deposit; Confirmation of Plan in a Chapter 9 61
741
Municipality or Chapter 11 Reorganization Case
2 3 4
(c) STAY OF CONFIRMATION ORDER
An order
confirming a plan is stayed until the expiration of-h0 14 (lays after the entry of the order unless the court orders otherwise
COMMITTEE NOTE The rule is amended to implement changes in connection with the amendment to Rule 9006(a) and the manner by which time is computed under the rules. The deadline in the rule is amended to substitute a deadline that is a multiple of seven days Throughout the rules, deadlines are amended in the following manner 5 day periods 10 day periods 15 day periods 20 day periods 25 day periods become become become become become 7 day periods 14 day periods 14 day periods 21 day periods 28 day periods
Rule 4001. Relief from Automatic Stay; Prohibiting or Conditioning the Use, Sale, or Lease of Property; Use of Cash Collateral; Obtaining Credit; Agreements (a) RELIEF FROM STAY, PROHIBITING OR
62
742
2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23
CONDITIONING PROPER'I Y
THE USE. SALE,
OR LEASE OF
(3) Slai @ofOide;
An oidei granting a motion for
relief from an automatic stay made in accordance with Rule 4001(a)(l) is stayed until the expiration of-O 14 days after the entry of the order, unless the court orders otherwise (b) USE OF CASH COLLATERAL
(2) Hearing
[he court may commence a final
hearing on a motion for authorization to use cash collateral no earlier than 1-5 14 days after service of the motion If the
motion so requests, the court may conduct a preliminary hearing before such +5 14 day period expires, but the court may authorize the use of only that amount of cash collateral as is necessary to avoid immediate and irreparable harm to the estate pending a final hearing
(c) OB1'AINING ('REDIT ** I * × (2) [Icaring The court may commence a final heai ig on a motion foi authority to obtain credit no earlier
63
743
24 25 26 27 28 29
than 1`5 14 days after service of the motion
It the motion sO
requests, the court may conduct a hearing beibre such I-5 14 day period expires, but the court may authorize the obtaining of ci edit only to the extent necessary to a' oid immediate and irreparable harm to the estate pending.a final heai ing
COMMITTEE NOTE The rule is amended to implement changes in connection with the amendment to Rule 9006(a) and the manner by which time is computed under the rules The deadline in the rule is amended to substitute a deadline that is a multiple of seven days Throughout the rules, deadlines aie amended in the following manner. 5 10 15 20 25 day day day day day periods periods penods periods periods become become become become become 7 day periods 14 day periods 14 day periods 21 day periods 28 day periods
Rule 4002. Duties of Debtor- .............
lncorpoiates amendments approvcd by the Supience (Court that are due to take effect on December 1 2008, if Congress takes no action to the contrary 64
744
2 3 4 5 6 7 8 9 10 II 12 13 14
(b) INDIVIDUAL DEBTOR'S DUTY TO PROVIDE DOCUMENTATION
(4)
Tax Rcl'n/I
PioTvldcid to Ciedtors
If a
creditor, at least --5 14 days before the first date set for the meeting of creditors under § 341, requests a copy of the debtor's tax return that is to be provided to the trustee under subdivision (b)(3), the debtor, at least 7 days before the first date set for the meeting of creditors under § 34 1, shall provide to the requesting creditor a copy of the return, including any attachments, or a transcript of the tax return, or provide a written statement that the documentation does not exist
COMMITTEE NOTE The rule is amended to implement changes in connection with the amendment to Rule 9 006(a) and the manner by which tnine is computed under the rules The deadline in the rule is amended to substitute a deadline that is a multiple of seven days Throughout the rules, deadlines are amended in the following manner 5 clay periods 10 day periods 15 day periods 20 clay periods 25 day periods become become become become become 65 7 day periods 14 day periods 14 day periods 21 day periods 28 day periods
745
Rule 4004. Grant or Denial of Discharge
I
2 3 4
(a) TIME FOR FILING COMPLAINT OBJECTING
TO DISCHARGE, NOTICE OF TIME FIXED In a chapter 7 liquidation case a complaint objecting to the debtor's discharge under § 727(a) of the Code shall be filed not later
5 6 7
8 9 10 II 12
than 60 days following the first date set for the meeting of creditors under § 341 (a) In a chapter 1I reorganization case, the complaint shall be filed not later than the first date set for
the hearing on confirmation. At least z'5 28 days notice of the time so fixed shall be given to the United States trustee and all creditors as provided in Rule 2002(0 and (k) and to the trustee and the trustee's attorney
COMMITTEE NOTE The rule is amended to inplement changes in connection with the amendment to Rule 9 006(a) and the manner by which time is computed under the rules Die deadline in the rule is amended to substitute a deadline that is a multiple of seven days Throughout the rules, deadlines arc amended in the following manner: 5 day periods become 7 day periods 66
746
10 Cday periods become 14 day periods 15 clay periods become 14 clay periods 20 day periods become 21 day periods 25 clay periods become 28 day periods
Rule 6003. Interim and Final Relief Immediately Following the Commencement of the Case-Applications for Employment; Motions for Use, Sale, or Lease of Property; and Motions for Assumption or Assignment of Executory Contracts I 2 3 4 5 6 7 8 9 J0 II Except to the extent that relief is necessary to avoid immediate and irreparable harm, the court shall not, within 20 21 days after the filing of the petition, grant relief regarding the following (a) an application under Rule 2014, (b) a motion to use, sell, lease, or otherwise incur an obligation regarding property of the estate, including a motion to pay all or part of a claim that arose before the filing of the petition, but not a motion under Rule 4001, and (c) a motion to assume or assign an executory contract or unexpired lease in accordance with § 365
('OMMITTEE NOTE The rule is amended to implement changes in connection 67
747
with the amendment to Rule 9006(a) and the manner by which time is computed under the rules The deadline in the rule is amended to substitute a deadline that is a multiple of seven days Throughout the rules, deadlines are amended in the following manner 5 day periods 10 day periods 15 day periods 20 day periods 25 day periods become 7 day periods become 14 day periods become 14 day periods become 21 day periods become 28 day periods
Rule 6004. Use, Sale, or Lease of Property ..........
2 3 4 5 6 7 8 9
(b) OBJECTION TO PROPOSAL Except as provided in subdivisions (c) and (d) of this rule, an objection to a proposed use, sale, or lease of property shall be filed and served not less than five seven days before the date set for the proposed action or within the time fixed by the court An
objection to the proposed use, sale, or lease of property is gomerned by Rule 9014
Incorporates amendments approved by the Supreme Court that are due to take effect on December I. 2008. it Congress takes no action to the contrary 68
748
10
11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31
(d)
SALE
OF
PROPERTY
UNDER
$2,500
Notwithstanding subdivision (a) of this rule, when all of the nonexempt property of the estate has an aggregate gross value less than $2,500, it shall be sufficient to give a general notice of intent to sell such property other than in the ordinary course of business to all creditors, indenture trustees, committees appointed or elected pursuant to the Code, the United States trustee and other persons as the court may direct. An
objection to any such sale may be filed and served by a party in interest within 1-5 14 days of the mailing of the notice, or within the time fixed by the court An objection is governed by Rule 9014
(g)
SALE
OF
PERSONALLY
IDENTIFIABLE
INFORMATION
(2)
Appointmeit
If a consumer privacy
ombudsman is appointed under § 332, no later than 5 seven days before the hearing on the motion under § 363(b)(1)(B), the United States trustee shall file a notice of the appointment, including the name and address ofthe person appointed The United States trustee's notice shall be accompanied by a
69
749
32 33
34 35 36 37 38 39 40 41
verified statement of the person appointed setting forth the person-s connections with the debtor, creditors, any other
party in interest, their respective attorneys and accountants, the United States trustee, or any person employed in the office of the United States trustee. (h) STAY OF ORDER AUTHORIZING USE, SALE, OR LEASE OF PROPERTY An order authorizing the use,
sale, or lease of property other than cash collateral is stayed until the expiration of -E0 14 days after entry of the order, unless the court orders otherwise
COMMITTEE NOTE The rule is amended to implement changes in connection with the amendment to Rule 9006(a) and the manner by which time is computed under the rules The deadline in the rule is amended to substitute a deadline that is a multiple of seven days. Throughout the rules, deadlines are amended in the following manner: 5 day 10 day 15 day 20 day 25 dlay periods become periods become periods become periods become periods become 7 day periods 14 day periods 14 day periods 21 day periods 28 day periods
70
750
Rule 6006. Assumption, Rejection or Assignment of an Executor) Contract or Unexpired Lease
2
(d)
STAY
OF
ORDER
AUTHORIZING
3
4 5 6 7
ASSIGNMENT An order authorizing the trustee to assign an executory contract or unexpired lease under See. 365(t) is stayed until the expiration ofTI) 14 days after the entry of the
order, unless the court orders otherwise
COMMITTEE NOTE The rule is amended to implement changes in connection with the amendment to Rule 9006(a) and the manner by which tuie is computed under the rules The deadline in the rule is amended to substitute a deadline that is a multiple of seven days Throughout the rules, deadlines are amended in the following manner 5 day I 0 day 15 day 20 (lay 25 day periods become periods become periods become periods become periods become 7 day periods 14 day periods 14 day periods 21 day periods 28 day periods
Rule 6007. Abandonment or Disposition of Property (a) NOTICE OF PROPOSED ABANDONMENT OR
71
751
2
3 4 5 6 7 8 9 I0 II 12 13***
DISPOSITION;
OBJECTIONS,
HEARING
Unless
otherwise directed by the court, the trustee or debtor in possession shall give notice of a proposed abandonment or disposition of property to the United States trustee, all creditors, indenture trustees, and committees elected pursuant to § 705 or appointed pursuant to § 1102 of the Code A party in interest may file and serve an objection within +5 14 days of the mailing of the notice, or within the time fixed by the court If a timely objection is made, the court shall set a
hearing on notice to the United States trustee and to other entities as the court may direct
COMMITTEE NOTE The rule is amended to implement changes in connection with the amendment to Rule 9 006(a) and the manner by which time is computed under the rules The deadline in the rule is amended to substitute a deadline that is a multiple of seven days. Throughout the rules, deadlines are amended in the following manner5 day periods 10 day periods 15 day periods 20 day periods become become become become 7 day periods 14 day periods 14 day periods 21 (lay peruods
72
752
25 day periods become 28 day periods
Rule 7004. Process; Service of Summons, Complaint
2 3 4 5 6 7 8 9 10 11
(e)
SUMMONS
TIME LIMIT FOR SERVICE If service is made
WITHIN THE UNITED STATES
pursuant to Rule 4(e)-Q) F R CivP it shall be made by delivery of the summons and complaint within 1-0 14 days following issuance of the summons If service is made byany authorized form of Iail, the summons and complaint shall be deposited in the mail within -0 14 days following issuance of the summons. If a summons is not timely delivered or
mailed, another summons shall be issued and served
COMMITTEE NOTE The rule is amended to implement changes in connection with the amendment to Rule 9006(a) and the manner by which time is computed under the rules The deadline in the rule is amended to substitute a deadline that is a multiple of seven days Throughout the rules, deadlines are amended in the following manner 5 day periods become 7 day periods 10 day periods become 14 day periods 15 day periods become 14 day periods
73
753
20 day penods become 21 (lay periods 25 day periods become 28 day periods
Rule 7012. Defenses and Objections-When and Hlow Presented-By Pleading or Motion-Motion for Judgment on the Pleadings I 2 3 4 5 6 7 8 9 I0 II 12 13 14 15 16 (a) WHEN PRESENTED If a complaint is duly
served, the defendant shall serve an answer within 30 days after the issuance of the summons, except when a different time is prescribed by the court The court shall prescribe the tune for service of the answer when service of a complaint is made by publication or upon a party in a foreign country A party served with a pleading stating a cross-claim shall serve an answer thereto within 20 21 days after service The
plaintiff shall serve a reply to a counterclaim in the answer within 2 21 days after service of the answer or. if a reply is ordered by the court, within 20 21 days after service of the order, unless the order otherwise directs The United States
or anr officer or agency thereof shall serve an answer to a complaint within 35 days after the issuance of the summons, and shall serve an answer to a cross-claim, or a reply to a counterclaim, within 35 days after service upon1 the United 74
754
17 18 19 20 21 22 23 24 25 26 27
States attorney of the pleading in which the claim is asserted hie service of a motion permitted under this rule alters these periods of time as follows. unless a different time is fixed by order of the court (1) if the court denies the motion or
postpones its disposition until the trial on the merits, the responsive pleading shall be served within -1-0) 14 days after notice ofthe court's action, (2) ifthe court grants a motion for a more definite statement, the responsive pleading shall be served within 1-0 14 days after the service of a more definite statement
COMMITTEE NOTE The rule is amended to implement changes in connection with the amendment to Rule 9006(a) and the manner by which time is computed under the rules The deadline in the rule is amended to substitute a deadline that is a multiple of seven days Throughout the rules, deadlines are amended in the fbllowing manner 5 day periods become 10 day periods become 15 day periods become 20 (lay periods become 25 day periods become 7 day periods 14 day periods 14 clay periods 2 1 day periods 28 day periods
Rule 8001.
Manner of Taking Appeal; 75
Voluntary
755
Dismissal; Certification to Court of Appeals
2 3 4 5 6 7 8 P 10 I1 12 13 14 15 16 17
(f)
CERTIFICATION FOR DIRECT APPEAL TO
COURT OF APPEALS
(3) Request for Certification, Filing, Service, Contents
(D) A party may file a response to a request for certification or a cross request within +0 14 days after the notice of the request is served, or another time fixed by the court
(4) Certificationon Court'is Own Initiative
(B) A party may file a supplementary short statement of the basis for certification within +1O 14 days after the certification
Incorporates amendments approved by the Supreme Court that are due to take effect on Deccnhei I, 2008, if Congress takes no action to the contiary 76
756
18
**** A.COMMITTEE NOTE The rule is amended to implement changes in connection with the amendment to Rule 9006(a) and the manner by which time is computed under the rules The deadline in the rule is amended to substitute a deadline that is a multiple of seven days Throughout the rules, deadlines are amended in the following manner 5 day 10 day 15 day 20 day 25 day periods periods penods periods period,; become become become become become 7 day periods 14 day periods 14 clay periods 21 day periods 28 clay periods
Rule 8002. Time for Filing Notice of Appeal
I 2 3 4 5 6 7 8 9 10 (a) T-E-N14-DAY PERIOD The notice of appeal shall be filed with the clerk within I+- 14 days of the date of the entry of the judgment, order, or decree appealed from If a
timely notice of appeal is filed by a party, any other party may file a notice of appeal within +0 14 days of the date on which the first notice of appeal was filed, or within the time othcrxx ise piescribed by this rule, whichever period last expires A notice of appeal filed aLter the announcement of a decision or order but before entry of the judgment, order, or decree shall be treated aLs filed aficr such entry and on the day 77
757
11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31
thereof
If a notice of appeal is mistakenly filed xxlth the
district court or the bankruptcy appellate panel, the cleik of the district court or the clerk of the bankruptcy appellate panel shall note thereon the date on which it was received and transmit it to the clerk and it shall be deemed filed with the clerk on the date so noted (b) EFFECT OF MOTION ON TIME FOR APPEAL If any party makes a timely motion of a type specified immediately below, the time for appeal for all parties runs from the entry of the order disposing of the last such motion outstanding. This provision applies to a timely motion
(4) for rehefunder Rule 9024 if the motion is filed no later than 1-0 14 days after the entry ofjudgment A notice of appeal filed after announcement or entry of the judgment, order, or decree but before disposition of any of the above motions is ineffective to appeal from the judgment, order, or decree, or part thereof, specified in the notice of appeal, until the entry of the order disposing of the last such motion outstanding. Appellate review of an order disposig of any of the above motions requires the party, in compliance with Rule
78
758
32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50
8001, to amend a prcevously filed notice of appeal
A party
intending to ClI lenge an a]teration or amendment of the judgment, order, or decree shall file a notice, or an amended notice, ofappeal within the time prescribed by this Rule 8002 measured firom the entry of the order disposing of the last such motion outstanding No additional fees will be required for filing an amended notice (c) EXTENSION OF TIME FOR APPEAL
(2) A request to extend the time for filing a notice of appeal must be made by written motion filed before the time for filing a notice of appeal has expired, except that such a motion filed not later than 2f) 21 days after the expiration of the time for filing a notice of appeal may be granted upon a showing of excusable neglect An extension of time for filing a notice of appeal may not exceed 2`6 21 days from the expiration of the time tor filing a notice of appeal otherwise presci ihed by this i ule or I+) 14 days from the date of entry of the order granting the nmotion, whichever is later COMMITTEE NOTE Fhe rule is amended to implement changes in connection with the aendment to Wule 9006(a) and the manner by 79
759
which time is computed under the rules I'hc deadline In the rule is amended to substitute a deadline that is a multiple of seven days Throughout the rules, deadlines are amended in the lollowing manner 5 day periods 10 day periods 15 day periods 20 day periods 25 day periods become become become become become 7 day periods 14 day periods 14 day periods 21 day periods 28 day periods
Public Comment on Proposed Amendments to Rule 8002 I. 07-BR-001 Matt McKee (Charlotte, NC attorney). Mr McKee states quite simply that a 30 day deadline is his preference He says that the change will not have a material impact in most cases. 2. 07-BR-002 Bankruptcy Judge Judith Wizmur (D.N.J.). Judge Wizmur supports the 14 day deadline and suggests that the Committee might consider whether some matters should be governed by a 30 day deadline and others by the 14 day deadline 3 07-BR-003 Bankruptcy Judge Margaret Dee McGarity (E.D. Wis.) Judge McGarity slightly favors the 14 day deadline over the 30 day deadline She notes that she does not feel particularly strongly about this, but notes that the 10 day period "can sometimes be problematic " 4 07-BR-004 Niki Heller (Senior Staff Attorney,
80
760
Tenth Circuit) Ms Hellei states that from an appellate
perspective, she prefeis 30 days which would make it consistent with other federal appeal deadlines She did not mention the 10 day appeal time in federal criminal cases
5 07-BR-005 Bankruptcy Judge Roger Efremsky (N.D. Cal.) Judge hfremsky suggests that the 14 day deadline "is a reasonable accommodation between the two other deadlines 07-BR-006 Bankruptcy Judge Terry Myers (D. Ida.) Judge Myers believes that the 14 day deadline would not make too much difference from the current deadline, but lie does not find the arguments in support of the longer 30 day deadline persuasive 7 07-BR-007 Max Tucker (Dallas, TX attorney) Mr. Tucker supports the extension ofthe deadline His preference is to allow 30 days He is unpersuaded by arguments that the bankruptcy process must move more quickly because in his experience, when a bankruptcy appeal is filed, resolution of that appeal often takes quite some time He also cites the doctrine of equitable mootness as a means to "weed out appeals where the delay results in prejudice" 8 07-BR-008 Bankruptcy Judge G. Harvey Boswell (W.D. Tenn.) Judge Boswell supports the 14 day deadline and sees no negative impact 9 07-BR-009 Bankruptcy Judge Henry Boroff (D. Mass.) fudge Boroff prefers to keep the 10 day deadline for filing a notice ofappeal I[e states that making it 14 days will still present the piospect of catching the non-bankruptcy 81 6
761
attorney unaware of the deadline, and he rejects the adoption
of the 30 day deadline as inconsistent with the need for "prompt final dispositions in bankruptcy cases " 10 07-BR-010 Bankruptcy Judge Christopher Sontchi (D. Del.) Judge Sontchi approves the idea of a 14 day deadline, but he strongly opposes a 30 day deadline He notes that the interdependence of the orders in cases, particularly chapter 11 cases, requires an appeal deadline of shorter than 30 days. 11 07-BR-Oll Bankruptcy Judge Raymond Lyons (D. N.J.) Judge Lyons generally favors a 30 day deadline, at least for adversary proceedings. Other orders, including thosc governed by §§ 363(m) and 364(e) would be governed by a shorter deadline (he does not indicate a preference for eithei 10 or 14 days) He also notes that some parties are unwilling to rely on the doctrine of equitable mootncss to proceed xvith a transaction 12. 07-BR-012 Bankruptcy Judge Judith Fitzgerald (W.D. Pa.) Judge Fitzgerald opposes any change from the current 10 day limit on the filing of a notice of appeal She asserts that the quest for consistency between the civil and bankruptcy rules is an insufficient reason to move to the 30 day deadline She also believes that persons could become confused by a 14 day deadline especially if there is a 10 (lay deadline for filing a motion for reconsideration Finally, she notes that bankruptcy cases generally operate on a ".compressed time frame" that properly requii es a shorter tine for filing an appeal Also. the presence ofCM/ECF piovides
82
762
nearly innmediate notice to parties This effectively provides cv\c inore nlotice than paities have ieceived in the past 13 07-BR-0 13 Bankruptcy Judge Robert Kressel (D. Minn.) Judge Kressel. a former member of the Committee, noted the difficulties faced when Rule 9006(a) was amended in the 1980s He also stated that the extension of the deadline to 30 days would promote consistency between the rules and would protect the uninitiated who are unfamiliar with the short deadline and would (iscourage the filing of"protective" notices of appeal by the initiated 14 07-BR-014 Bankruptcy Judge Douglas Dodd (M.D. 1La.) Judge Dodd notes that the change from 10 to 14 would not help the person who mistakenly believed that the appeal deadline was 30 days He also does not believe that the deadline for filing a notice of appeal in a bankruptcy case should change from the 10 day deadline currently in Rule 8002 15 07-BR-015 Circuit Judge Frank Easterbrook (7yh Cir.) Judge Easterbrook did not offer a comment on Rule 8002, other than to state his general support for the time computation amendments 16 07-BR-0 16 Bankrupte Judge Jerry Brown (E.D. La.) Judge Brown supports the 14 day deadline, but he strongly opposes extending the deadline to 30 days He states that the longer period would substantially delay both sales of property and ordinary bankruptcy pioccdures 17 07-BR-017 Bankruptcy Judge David Adams (I.D. Va.) Judge Adams supports the 14 day period but 83
763
opposes the 30 (lay period He is concerned that the longer period would lead to irreparable harm accruing during that waiting time 18 07-BR-018 Bankruptcy Judge Bruce McCullough (W.D. Pa.) Judge McCullough sees no ieason to change from the 10 day period that has governed the bankruptcy appeal time for a century He notes that time is both jobs and money, and extension of the deadline would have an adverse impact on the process 19 07-BR-019 Bankruptcy Judge Benjamin Goldgar (N.D. Ill.) Judge Goldgar noted that prior to his service as a judge, he was an appellate lawyer for the State of Illinois and served a term as the President of the Illinois Appellate Lawyers Association. lie supports the increase of the deadline to 14 days because it would not materially disrupt bankruptcy practice He does not, however, support the expansion of the deadline to 30 days. In his view, the pace of bankruptcy is too brisk to permit such an extension Moreover, he has observed that parties await the passage of the appeal time even in the face of § 363(m), equitable mootness, and other protections Finally, he states that he is unpersuaded by the argument that the rule should be 30 days to protect those who are unfamiliar xith the bankruptcy appellate process because "appellate lawyers are the most rule conscious members of the bar " 20 07-BR-020 Bankruptcy Court Clerk Margaret Grammar Gay (D.N.M.) Ms Grammar Gay supports the 14 day deadline and states that it would not disrupt bankruptcy
84
764
practice She notes, howevei, that if there is any likelihood that the 14 day deadline is just a brief stop on the road to a 30
day deadline, the change should be made to 30 days in the first instance 21 07-BR-021 Bankruptcy Judge James Starzynski (D.N.M.) Judge Starzynski supports the 30 day deadline so as to avoid this deadline being a trap for the unwary He notes as well that once the appeal is taken, the final decision in the appeal will not be materially later because an additional 20 days was added to the time for filing a notice of appeal. He recognizes that thei e may be a concern that the time to file a notice in some appeals should be shortened, so he proposed that the rules allow for the shortening of the period by a specific and prominently ordered reduction in the time
22 07-BR-022 Bankruptcy Judge Timothy Mahoney (D. Neb.) Judge Mahoney believes that the current 10 day period is insufficient and supports an extension of that time period He notes that 14 is better than 10, but he would prefer that the tnie be lengthened to 30 days He states that this is especially important for persons who do not participate through ECF, a group that is often likely not to be represented by counsel 23 07-BR-023 Walter Bussart (Lewisburg, Tenn. attorney) Mr Bussert supports all of the time computation amendments, but he does not mention Rule 8002 24 07-BR-024 Richard Rogan (San Francisco attorney) Mr Rogan, a long time bankruptcy practitioner, urges the retention of the 10 clay time limit for filing a notice 85
765
ot appeal
He states that the added delay would be Also, lie notes that 10 days is ample time to file the notice
detrimental to sales and plans of reorganization
25 07-BR-025 Heather Lennox (Cleveland, Oh. attorney) Ms Lennox opposes the expansion of the time to file a notice of appeal beyond the 10 days in the current rule She notes that the filing of a notice of appeal is relatively simple, and a 10-day period is more than adequate She also points out that Congress has just amended the Code to expedite both large and small chapter II cases, so it would be contrary to that Congressional intent to expand the time allowed for filing a notice of appeal 26 07-BR-026 Prof. Alan Resnick (Nexx York attorney and professor) Professor Resnick, former Reporter to the Committee, strongly opposes the change in Rule 8002 from 10 days to either 14 or 30 days He notes the general need for matters to proceed quickly in bankruptcy cases, and he states as well that the filing of a notice of appeal does not require any significant amount of time Further, he argues that the presence of an additional layer ot appeals in bankruptcy cases provides another reason not to add to the delay in the case. He also points out that the 1987 change to Rule 9006(a) that effectively extended the appeal time was not well received and led to its almost immediate repeal when the bar fully understood its implications To that end, he also notes that a change in the rules to make the appeal time 14 days would likely catch some or many bankruptcy practitioners unaware ofthe change, and vulnerable to appeals
86
766
taken after they acted to close a transaction on the I I day after the entry ot the relc\ ant oider Finally, he notes that the "unifrmlity" argument fol changing the rule to allow 30 days for appeals is in fact not uniform Crininal appeals must be taken in 10 days under the current rule (14 under the proposed revision to Appellate Rule 4) Professor Resnick also submitted recommendations regarding other Bankruptcy Rules that he believcs may need to be revised In particular, he notes that Rule 9023 should be amended to prevent the proposed amendment to Civil Rule 59 to circumvent the deadline for filing a notice of appeal in a bankruptcy case. Rule 59, as amended, would allow a party 30 days after entry of an order to file a motion for new trial or a motion to alter or amend a judgment Although not mentioned in the comment, similar issues could arise under proposed Civil Rule 50 which is made applicable by Bankruptcy Rule 7050. Professor Resnick also argues that if the 10 day appeal time is to remain in effect, the 10 day periods in Rules 3002(e), 4001 (a)(3), 6004(g), and 6006(d) should not be changed to 14 days as proposed in the Time Computation changes He notes that these deadlines are comparable to the notice of appeal deadline, and they should be the same in each of these rules. Professor Resnick makes a similar argument regarding Rules 7062 and 9033 07-BR-027 Bankruptcy Judge Barry Schermer (E.D. Mo.) ............. Judge Schermer opposes the expansion of the deadline to file a notice of appeal to either 14 or 30 clay,;, and instead argues that the current deadline is both appropriate and necessary. He states that the extension The other Bankruptcy Judges in the District, Judges Surratt-States, McDonald. and Rendlcn joined in this comment, as did Dana McWay. the Clerk of the Court 87 27
767
of the deadline will increase uncertainty in the piocess that will lead to additional costs to the parties and the process Many parties are affected by decisions in bankruptcy cases, including the debtor, the debtor's employees, and ci c(lItors. The comment also suggests that the rule is not difficult to read or understand, so that anyone who takes the time to read the rule would not be "unwary" of the deadline Moreover, he notes that the rules already penmit some extensions of' the appeal time under Rule 8002(c) He concludes that the need for uniformnity does not outweigh the harn that would follow from the proposed extension of the deadline He also suggests that it is unnecessary, and perhaps even counterproductive, to protect unwary practitioners 28. 07-BR-028 American Bankruptcx Institute The ABI conducted a survey of its membership (appioximately 11,000) as to the proposed changes to Rule 8002 The members were asked whether the change from 10 to 14 days would have a significantly detrimental or significantly beneficial impact on bankruptcy cases, or whether there would be no significant impact from such a change There were 183 responses, and 45% thought there would be no significant impact, and 27% each thought the impact would be significantly detrimental or beneficial As to the impact of making the appeal time 30 days, 70% said it would be significantly detrimental, and 23% responded that it would be significantly beneficial Only 8% said that the 30 day deadline would not have a significant effect The respondcents identifying themselves as practicing in business bankruptcy cases were far more likely to find the changes from 10 days to he significantly detrimental
88
768
29 07-BR-029 Bankruptcy Judge Philip Brandt (W.D. Wash.) Judge Brandt opposes any change from the 10 day deadline set out In Current Rule 8002 He states that many orders are not implemented until a day or two after the expiration of the appeal deadline In many cases, the daily costs could be extensive, so extending the deadline even 4 days could have a negative impact on many cases Judge Brandt also noted that the pending proposed amendment to Civil Rule 59 would create problems when it is incorporated into the Bankruptcy Rules through Rule 9023, and he cautioned against permitting those problems to arise. 30. 07-BR-030 Business Law Section of the State Bar of Michigan The Business Law Section and the Debtor/Creditors' Rights Committee of the State Bar oppose the extension of the deadline for filing a notice of appeal beyond the 10 days already provided for in current Rule 8002 31 07-BR-031 Bankruptcy Judge Martin Teel and Nancy Mayer-Whittington, Clerk (D.D.C.)......******* Judge Teel and Ms Mayer-Whittington support the change in the appeal time from 10 to 14 days They note that the order being appealed from is effective unless it is stayed, no matter what the deadline may be for filing the appeal They also suggest that the deadline might be set at 28 days. They express a concern that the 10 day period is sometimes too short to decide whether to appeal, particularly if a few days pass before the parties receive notice of the underlying order
This comment is listed under the name Patti Meador Ms Meador submitted the comment on behalf of Judge '1 eel and Ms Mayer-Whittington 89
769
32 07-BR-032 Business Law Section of the State Bar of CaliforniaThe Insolvency Law Committee of the Business Law Section opposes the change in the deadline [hr filing a notice of appeal The Committee notes that the coWits In chapter 11 cases enter numeious orders that relate to the operation of the debtor's business, and additional time for appeals would inject additional uncertainty and delay into the process It notes that the 10 day appeal time has woiked well since 1898 and does not need to be changed. 33. 07-BR-033 Committee on Bankruptcy and Corporate Reorganization of the Association of the Bar of the City of New York The Committee states that the extension of the appeal time would cause a material disruption in the operation of bankruptcy practice These disruptions also outweigh any benefits that might be obtained by making the appeal deadline consistent with the deadline for an appeal in a civil case The Committee points out that in civil litigation, courts almost always are adjudicating disputes about past conduct, while many matters that bankruptcy courts resolve provide the debtor with authority to go forward in its business activities either specifically or generally Many parties rely on these orders, and they must be implemented with dispatch given the potential fobr changing market conditions and the like The Cominttec also points out that other Bankruptcy Rules such as Rules 3020(e). 6004(g) and 6006(d) provide specific stay relief firom certain orders that are appealed, and that this recent judgment of the Rules Committee shows that protection is available in those instances where it is particularly important, and no furtblei protection is necessary The Committee also noted the
90
770
potential problems that could arise if"Civil Rules 52 and 59 ale amended and incorporated into the Bankruptcy Rules without change
34 07-BR-034 Commercial Law League of America. The CLLA has no comment on the proposal to extend the 10 day deadline in Rule 8002 to 14 days It does, however, oppose the extension of the deadline to 30 days It points out that bankruptcy cases impact the interests of a number of parties, and the delays that are created would have a negative effect on those parties It also notes that the added delays would undermine the debtor's fresh start as well as delay the distribution of assets in cases The CLLA also expresses some sympathy for the unwary, occasional bankruptcy practitioner, but it asserts that it is an insufficient justification for the proposed amendment 35 07-BR-035 Bankruptcy Appeals Clerk Alesia Wallace (W.D.N.C.) Ms Wallace states that the extension of the deadline to 14 days would have little or no impact on the court, but that an extension to 30 days would impact deadlines for closing bankruptcy cases and may lead to more frivolous appeals 36 07-BR-036 Seventh Circuit Bar Association The Association opposes the extension of the deadline for filing a notice of appeal in a bankruptcy case, and even suggested that if there was a need to restate the deadline in a multiple of 7 days. then the deadline should perhaps be 7 days rather than 14 37 07-BR-037 American Bar Association The Association opposes the amendment and urges that the 10 day
91
771
deadline for filing a notice of appeal be ictained It states that the deadline has been in place for over 100 years, and it questions whether there is any empirical support for the idea that the rule has operated to trap the unwary. It furthei asserts
that the short deadline is necessary in bankruptcy cases where parties usually demand that no action be taken until the appeal deadline has passed The Association notes that neither
equitable mootness nor the statutory protections in §§ 363 and 364 are sufficient to protect a party who acts prior to the conclusion of the appeal period Thus, the Association proposes that the 10 day limit be retained This position was also adopted by the State Bar of Michigan and the State Bar of California responses in Comment 07-BR-030 and 07-BR033, respectively 38 07-BK-002 Kenneth Klee (Los Angeles attorney and professor) Mr. Klee opposes extending the deadline fi-om 10 to 30 days He notes that the added costs resulting from the 20 additional days to wait for an order to be final is very costly. He also notes that the rules already permit an extension of the time to file a notice of appeal in many cases
39 07-BK-003 Bankruptcy Judge Paul Mannes (D. Md.) Judge Mannes, a former Chair of the Committee, asserts that the 10 day deadline has worked we] 1,but he would grudgingly support the extension to 14 days for the sake of unformity He opposes any additional extension 40 07-BK-022 National Bankruptcy Conferencel he Conference endorses and supports the comment of'Professoi
92
772
Resnick (07-BR-026, above), stating that it is vitally important that bankruptcy matters be resolved as expeditiously as possible The Conference also suggests that the Advisory Committee not permit the proposed amendment to Civil Rule 59 to operate to effectively extend the appeal time in bankruptcy cases through its incorporation into the Bankruptcy Rules by Rule 9023 It also urges the Advisory Committee to further study the impact of the changes in the Civil Rules that change deadlines of less than 30 days to deadlines that are multiples of 7 days Changes Made After Publication No changes since publication
Rule 8003. Leave to Appeal (a) CONTENT OF MOTION, ANSWER A motion fbr 2 3 4 5 6 7 8 9 leave to appeal under 28 U S C § 158(a) shall contain. (1) a statement of the facts necessary to an understanding of the questions to be presented by the appeal, (2) a statement of those questions and of the relief sought. (3) a statement of the reasons why an appeal should be granted, and (4) a copy of the judgment, order, or deciec comnplamcd of and of any opinion or memorandumn relating thereto Within -10 14 days after service of the motion, an adverse party may tile with the clerk an ansA cr in opposition
10
93
773
12 13 14 15 16 17 18 19 20 21 22 23
(c) APPEAL IMPROPERLY TAKEN REGARDED AS A MOTION FOR LEAVE TO APPEAL. If a required
motion for leae to appeal is not filed, but a notice of appeal is timely filed, the district court or bankruptcy appellate panel may grant leave to appeal or direct that a motion for leave to appeal be filed The distnct court or the bankruptcy appellate panel may also deny leave to appeal but in so doing shall consider the notice of appeal as a motion for leave to appeal Unless an order directing that a motion for leave to appeal be filed provides otherwise, the motion shall be filed within ±H 14 days of entry of the order
COMMITTEE NOTE The rule is amended to implement changes in connection with the amendment to Rule 9006(a) and the manner by which time is computed under the rules The deadlinc in the rule is amended to substitute a deadline that is a multiple of seven days. Throughout the rules, deadlines are amended in the following manner 5 day periods 10 day periods 15 day periods 20 day periods become become become become 7 day periods 14 day periods 14 day periods 21 day periods
94
774
25 day periods become 28 day periods
Rule 8006. Record and Issues on Appeal Within +(0 14 days after filing the notice of appeal as 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 provided by Rule 8001 (a), entry ofan order granting leave to appeal, or entry of an order disposing of the last timely motion outstanding of a type specified in Rule 8002(b), whichever is later, the appellant shall file with the clerk fnd serve on the appellee a designation of the items to be included in the record on appeal and a statement of the issues to be presented Within +1- 14 days after the service of the
appellantfs statement the appellee may file and serve on the appellant a designation of additional items to be included in the record on appeal and, if the appellee has filed a cross appeal. the appellee as cross appellant shall file and serve a statement of the issues to be presented on the cross appeal and a designation of additional items to be included in the record A cross appellee may, within +0 14 days of service of the cross appellant's statement, file and serve on the cross appellant a designation of additional items to be included in the record The record on appeal shall include the items so designated by the parties, the notice of appeal, the judgment,
95
775
20 21 22 23 24 25 26 27 28 29 3(0 31 32
order, or decree appealed from, and any opinion, findings of fact, and conclusions of law of the court Any party filnm a
designation of the items to be included in the record shall provide to the clerk a copy of the items designated or, if the party fails to provide the copy, the clerk shall prepare the copy at the party's expense If the record designated by any party
includes a transcript of any proceeding or a part thereof, the party shall, immediately after filing the designation, deliver to the reporter and file with the clerk a written request tbr the transcript and make satisfactory arrangements for payment of its cost All parties shall take any other action necessaiy to
enable the clerk to assemble and transmit the record
COMMITTEE NOTE
The rule is amended to implement changes in connection with the amendment to Rule 9006(a) and the manner by which time is computed under the rules The deadline in the rule is amended to substitute a deadline that is a multiple of seven days Throughout the rules, deadlines are amended in the following manner 5 day periods become 7 day periods 10 day periods become 14 day periods 15 day periods become 14 day periods 96
776
20 clay periods become 21 day periods 25 day periods become 28 (lay peI iods Rule 8009. Briefs and Appendix; Filing and Service I 2 (a) BRIEFS UJnless the district court or the bankruptcy appellate panel by local rule oi by order excuses the filing of briefs or specifies different time limits (1) The appellant shall serve and file a brief within -1-5 14 days after entry of the appeal on the docket pursuant to Rule 8007 (2) The appellee shall serve and file a brief within 1-5 14 days after service of the brief of appellant If the
3
4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19
appellee has filed a cross appeal, the brief of the appellee shall contain the issues and argument pertinent to the cross appeal, denominated as such, and the response to the brief of the appellant (3) The appellant may serve and file a reply brief within -01l4 days after service of the brief of the appellee, and if the appellee has cross-appealed, the appellee may file and serve a reply brief to the response of the appellant to the issues presented in the Cdoss appeal within +-) 14 days after service of the reply brief of the appellant No further briefs
may be filed except with leave of the district court or the
97
777
20 21
bankruptcy appellate panel
COMMITTEE NOTE The rule is amended to implement changes in connection with the amendment to Rule 9006(a) and the manner by which time is computed under the rules The deadline in the rule is amended to substitute a deadline that is a multiple of seven days Throughout the rules, deadlines are amended in the following manner. 5 day periods become 10 day periods become 15 day periods become 20 day periods become 25 day periods become 7 day periods 14 day periods 14 day periods 21 day periods 28 day periods
Rule 8015. Motion for Rehearing 2 Unless the district court or the bankruptcy appellate panel by local rule or by court order otherwise provides, a motion for rehearing may be filed within lfl 14 days after entry of the judgmcnt of the district court or the bankruptcy appellate panel If a timely motion for rehearing is filed, the tine for appeal to the court of appeals for all parties shall run from the entry of the order denying rehearing Oi the entry ot
4 5 6 7
98
778
a subsequent judgment
COMMITTEE NOTE The rule is amended to implement changes in connection with the amendment to Rule 9006(a) and the manner by which time is computed under the rules The deadline in the rule is amended to substitute a deadline that is a multiple of seven days Throughout the rules, deadlines are amended in the following manner 5 day 10 day 15 day 20 day 25 day periods periods periods periods periods become 7 day periods become 14 day periods become 14 day periods become 21 day periods become 28 day periods
Rule 8017. Stay of Judgment of District Court or Bankruptcy Appellate Panel (a)
2 APPEAL
AUTOMATIC
STAY OF JUDGMENT ON
Judgments of the district Court or the bankruptcy
3 4 5 6
appellate panel are stayed until the expiration of i-) 14 days after entry, unless otherwise ordered by the district court or the bankruptcy appellate panel
COMMITTEE NOTE
99
779
The rule is amended to inplenment changes in connection with the amendment to Rule 9 006(a) and the manier by which time is computed under the rules The deadline in the rule is amended to substitute a deadline that is a multiple of seven days Throughout the rules, deadlines are amended in the following manner 5 day periods 10 day periods 15 day periods 20 day periods 25 day periods become 7 day periods become 14 day periods become 14 day periods become 21 day periods become 28 day periods
Rule 9006. Time
(d) 3 4 5 6 7 8 9 10 II
FOR MOTIONS
AFFIDAVITS
A written
motion, other than one which may be heard ex parte, and notice of any hearing shall be served not later than live seven days before the time specified for such hearing, unless a different period is fixed by these rules orby order olfthe court Such an order may for cause shown be made on ex parte application When a motion is supported by aftidavit, the
affidavit shall he served with the motion, urd, except as otherwise provided in Rule 9023. opposing affidavits may be served not later than one day before the healing, unless the to0
780
12 13
court permits them to be scived at some other timc •* * COMMITTEE NOTE The rule is amended to implement changes in connection with the amendment to Rule 9 006(a) and the manner by which time is computed under the rules The deadline in the rule is amended to substitute a deadline that is a multiple of seven days Throughout the rules, deadlines are amended in the following manner 5 day periods become 10 day periods become 15 day periods become 20 day periods become 25 day periods become 7 day periods 14 day periods 14 day periods 21 day periods 28 day periods
Rule 9027. Removal
2 3 4 5 6 7 8 9
(e) PROCEDURE AFTER REMOVAL
(3)
Any party who has filed a pleading in
connection with the removed claim or cause of action, other than the party filing the notice of removal, shall file a statement admitting or denying any allegation in the notice of removal that upon removal of the claim or cause of action the proceeding is core or non-core 101 If the statement alleges that
781
I0
the proceeding is non-core, it shall state that the party does or
does not consent to entry of final orders or judgment by the bankruptcy judge A statement iequired by this paragraph
II
12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30
shall be signed pursuant to Rule 9011 and shall be filed not later than FO 14 days after the filing of the notice of removal Any party who files a statement pursuant to this paragraph shall mail a copy to every other party to the removed claim or cause of action
(g) APPLICABILITY OF PART VII. The rules of Part VII apply to a claim or cause of action removed to a district court from a federal or state court and govern procedure after removal Repleading is not necessary unless the court so
orders. In a removed action in which the defendant has not answered, the defendant shall answer or present the other defenses or objections available under the rules of Part VII within 2-0 21 days following the receipt through service or othenvise of a copy of the initial pleading setting forth the claim for relief on which the action or proceeding is based. or within -0 21 days following the service ot summons on such intial pleading, or within five seven days following the filing
102
782
I1
of the notice of removal,
\khluchex
er period Is Iongest
COMMITTEE NOTE Fihe rule is amended to implement changes in connection with the amendment to Rule 9006(a) and the manner by which time is computed under the rules The deadline in the rule is amended to substitute a deadline that is a multiple of seven days Throughout the rules, deadlines are amended in the following manner 5 day periods become 10clay periods become 15 day pei iods become 20 day periods become 25 day periods become 7 day periods 14 day periods 14 day periods 21 dlay periods 28 day periods
*
Rule 9033. Review of Proposed Findings of Fact and Conclusions of Law in Non-Core Proceedings
2 3 4 5 6 7 8
(b) OBJECTIONS TIME FOR FILING Within 1-014 clays after being served with a copy of the proposed findings of flact and conclusions of law a party may serve and file with the clerk written objections which identify the specific proposed findings or conclusions objected to and state the grounds for such objection A party may respond to another
partyvs objecttons within +0 14 days after being served with 103
783
9
a copy thereof- A party objecting to the bankruptcy judge's proposed findings or conclusions shall arrange promptly for the transcription of the record, or such portions of it as all parties may agree upon or the bankruptcy judge deems sufficient, unless the district judge otherwise directs (c) EXTENSION OF TIME The bankruptcyjudge may fbr cause extend the time for filing objections by any party for a period not to exceed 20 21 days from the expiration of the time otherwise prescribed by this rule A request to extend the time for filing objections must be made before the time fbr filing objections has expired, except that a request mnade no more than z2 21 days after the expiration of the time for filing objections may be granted upon a showing of excusable neglect
10
II 12 13 14 15 16 17 18 19 20 21 22 23
COMMITTEE NOTE The rule is amended to implement changes in connection with the amendment to Rule 9 0 06(a) and the manner by which time is computed under thie rules The deadlinc inl tC rule is amended to substitute a deadline that is a multiple of seven days Throughout the rules, deadlines are amended in the following manner
104
784
5 day perIods 10 day periods 15 day periods 20 (dayperiods 25 day periods
become become become become become
7 day periods 14 day periods 14 day periods 21 day periods 28 day periods
105
785
B
Proposed Amendments to Bankruptcy Rules 4008, 7052 and 9021, and Proposed New Bankruptcy Rule 7058, Submitted for Final Approval by the Standing Committee and Submission to the Judicial Conference.
The Advisory Committee on Bankruptcy Rules recommends that the Standing Committee approve the proposed amendments to Bankruptcy Rules 4008, 7052 and 9021, and proposed new Bankruptcy Rule 7058 for submission to the Judicial Conference. These amendments and addition to the Rules are to become effective on December 1, 2009. 1. Public Comment
The preliminary draft of proposed amendments to Bankruptcy Rules 4008, 7052 and 9021, and proposed new Bankruptcy Rules 1017.1 and 7058, were published for comment in August 2007 A public hearing on the preliminary draft of the amendments and additions to the Bankruptcy Rules was scheduled for January 25, 2008, but there were no requests to appear at the hearing We received comments on many of the proposed additions and amendments, and the Advisory Committee reviewed these comments and, with the exception of proposed Rule 1017 1, approved the amendments to the rules either as published or with slight changes that are described in the Changes Made After Publication section. The Advisory Committee received five comments on proposed new Rule 1017 1, which would have revised the 106
786
process for granting an extension of time to complete the credit counseling requirement for individual debtors The comments asserted that the rule is unnecessary because very few cases have arisen in which there was any request for an extension, and each of those cases was filed shortly after the effective date of the 2005 amendments to the Bankruptcy Code The commentators noted that individual debtors and their attorneys seem to have adlusted to the new process, and the nearly universal availability of credit counseling briefing services has made the need for the time extensions almost nonexistent. Therefore, the Committee concluded that there is no need for the rules to adopt a process for these matters, and it withdraws proposed new Rule 1017 1
2
Synopsis o/ ProposedGeneralAmendments
(a)
Rule 4008 is amended to insert a requirement that the Official Form of a reaffirmation cover sheet be filed with the court along with the reaffirmation agreement The cover sheet will include the information necessary to assist the court in determning what action to take regarding the proposed reaffirmation Rule 7052 is amended to clarify that entry of judgment in an adversary proceeding means the entry of a judgment or order under the Bankruptcy Rules rather than under the Federal Rules of Civil Procedure
(b)
107
787
(c)
Rule 7058 is new, and it makes Rule 58 of
the Federal Rules of Civil Procedure applicable in adversary proceedings
(d)
Rule 9021 is amended in connection with the addition of Rule 7058. Since that rule governs in adversary proceedings, Rule 9021 no longer needs to make Rule 58 of the Federal Rules of Civil Procedure applicable in those actions. This amendment and the addition of Rule 7058 results in the explicit adoption of the separate document requirement for judgments in adversary proceedings, while the effectiveness of an order or judgment in other actions within the case is determined under Rule 5003 which does not include the separate document requirement.
3 Text oi ProposedAmendments to Rules 4008, 7052, and 9021, and New Rule 7058
Rule 4008. Filing of Reaffirmation Agreement; Statement in
2 Support of Reaffirmation Agreement i
I 2
(a) FILING OF REAFFIRMATION AGREEMENT
A
reaffirmation agreement shall be filed no later than 60 days
2'
Incorporates amendments approved by the Supreme Court that are due to take effect on
December 1, 2008, if Congress takes no action to the contrary. 108
788
3 4 5 6 7 8 9
after the first date set for the meeting of creditors under § 341(a) of the Code The reaffirmation agreement shall be accompanied by a cover shect, prepared as prescribed by the appropriate Official Form The court may, at any time and in its discretion, enlarge the time to file a reaffirmation agreement.
COMMITTEE NOTE Subdivision (a) of the rule is amended to require that the entity filing the reaffirmation agreement with the court also include Official Form 27. the Reaffirnation Agreement Cover Sheet The form includes information necessaiy for the court to determine whether the proposed reaffirmation agreement is presumed to be an undue hardship for the debtor under § 524(m) of the Code Public Comment on Proposed Amendment to Rule 4008' No comments were received on this proposed amendment Changes Made Alter Publication No changes since publication
109
789
22 Rule 7052. Findings by the Court
I 2 3 4
Rule 52 F R Cir P applies in adversary proceedings
In
these proceedings, the reference in Rule 52 F R Civ. P to the entry of judgment under Rule 58 F R Civ. P shall be read as a reference to the entry of a iudgmnent or order under Rule 5003(a) COMMITTEE NOTE The rule is amended to clarify that the reference in Rule 52 F. R. Civ P to Rule 58 F R Civ P. and its provisions is construed as a reference to the entry of ajudgment or order under Rule 5003(a)
Public Comment on Proposed Amendments to Rule 7052I Comment 07-BK-013 (also numbered 07-BR-029) was submitted by Hon Philip H Brandt (Bankr. W D Wa ) Judge Brandt recommended that the phrase "shall be read as a reference to" be replaced with "means." Changes Made After Publication. No changes since publication. In addition, the Advisory Committee on Bankruptcy Rules has recommended approval of a proposed technical amendment to Rule 7052, which also would take effect on December 1, 2009, if the Committee on Rules of Practice and Procedure, the Judicial Conference, and the Supreme Court approve and if Congress takes no action to the contrary The proposed technical amendment is set out in Part I1 D of this report
2
110
790
Rule 7058. Entry of Judgment I 2 3 4 Rule 58 F R Civ. P. applies in adversary proceedings In these proceedings, the reference in Rule 58 F R Civ P to the civil docket shall be read as a reference to the docket maintained by the clerk under Rule 5003(a) COMMITTEE NOTE This rule makes Rule 58 F R Civ. P applicable in adversary proceedings and is added in connection with the amendments to Rule 9021.
Public Comment on Proposed New Rule 7052 1 Comment 07-BK-013 (also numbercd 07-BR-029) was submitted by Hon Philip H Brandt (Bankr W.D Wa ). Judge Brandt recommended that the phrase "shall be read as a reference to" be replaced with "means" Changes Made After Publication No changes since publication
Ill
791
Rule 9021. Entry of Judgment
I 2
crptasthe
1
vWg.s
piuv1 dud hetui., RUk J5 F R Emcy judgiinmit
IL
CIv P
'r IIIt d
appliresI, casc
via'ypi adVIM
unclc
tlic eu
1
3
uCC~ding ui
LunWtbstd-naintciernrll
.cit1 Lbur
4 5 6 7
Sepaiatcdoc t ir. 1 1 t. A judgment or order is effective when entered ,ts provided munder Rule 5003. T1eief if, nuc i,,i. R
CIV.
58 F R
P to RUi/ 7(ae)F R •Civ.*P
ll
U
icad
a3 a ,cfyIenyC tU
Rule 5003 of thec~ tales. COMMITTEE NOTE The rule is amended in connection with the amendment that adds Rule 7058 The entry of judgment in adversary proceedings is governed by Rule 7058, and the entry of a judgment or order in all other proceedings is governed by this rule.
Public Comment on Proposed Amendments to Rule 9021.
No comments were received on these proposed amendments Changes Made After Publication No changes since publication
112
792
C.
Proposed Amendments to Official Forms land 8. and Proposed New Official Form 27 Submitted for Final Approval by the Standing Committee and Submission to the Judicial Conference
The Advisory Committee on Bankruptcy Rules recommends that the Standing Committee approve the proposed amendments to Official Forms 1 and 8, and Proposed New Official Form 27 for submission to the Judicial Conference. The amendments to Official Forms I and 8 are to become effective on December 1, 2008. Proposed new Official Form 27 is to become effective on December 1, 2009, in conjunction with a proposed amendment to Bankruptcy Rule 4008.
1 Synopsis of Proposed Amendments to Exhibit D of Official Form I and Official Form 8, and ProposedNewi Official Form 27
(a)
Exhibit D to Official Form I is amended to delete any reference to a requirement that the debtor file a motion to obtain an order to permit the debtor to complete the required credit counseling briefing after the commencement of the case It is also amended to clarify that the debtor still must complete the briefing even if the request is granted It also warns the debtor that the case may be dismissed if the court concludes that no postponement of the obligation is warranted
(b) Official Form 8 is amended to resolve 113
793
amnbiguities in the form and to implement changes to the Code in 2005 by adding a section covering personal property subject to an unexpired lease (c) New Official Form 27 requires the disclosure and certification of information necessary for the court to make its determination under §524(m) as to whether the reaffirmation agreement creates a presumption of undue hardship.
2.
Text of ProposedAmendments to Exhibit D of Official Form 1 and Official Form 8, and ProposedNew Official Form 27
114
794
B ID (Official Form I, Exhibit D) (12/08)
UNITED STATES BANKRUPTCY COURT
District of
In re Debtor
Case No (if known)
EXHIBIT D - INDIVIDUAL DEBTOR[]S STATEMENT OF COMPLIANCE WITH CREDIT COUNSELING REQUIREMENT Warning: You must be able to check truthfully one of the five statements regarding credit counseling listed below. If you cannot do so, you are not eligible to file a bankruptcy case, and the court can dismiss any case you do file. If that happens, you will lose whatever filing fee you paid, and your creditors will be able to resume collection activities against you. If your case is dismissed and you file another bankruptcy case later, you may be required to pay a second filling fee and you may have to take extra steps to stop creditorsl collection activities.
Every individual debtor must file this Exhibit D If ajoint petition is filed, each spouse must complete andfile a separate Exhibit D Check one oJ the five statements below and attach any documents as directed
11 1. Within the 180 days before the filing of my bankruptcy case, 1 received a briefing from a credit counseling agency approved by the United States trustee or bankruptcy admintstrator that outlined the opportunities for available credit counseling and assisted me in performing a related budget analysis, and I have a certificate from the agency describing the
services provided to me Attach a copy of the certificate and a copy of any debt repayment plan developed through the agency
0 2. Within the 180 days before the filing of my bankruptcy case, I received a briefing from a credit counseling agency approved by the United States trustee or bankruptcy administrator that outlined the opportunities for available credit counseling and assisted me in performing a related budget analysis, but I do not have a certificate from the agency describing
the services provided to me You must file a copy of a certificatefrom the agency describing the services provided to you and a copy of any debt repayment plan developed through the agency no later than 15 days afteryour bankruptcy case is filed
795
B ID (Official Form 1, Fxh D) (12/08)
-
Cont
E 3. 1 certify that I requested credit counseling services from an approved agency but was unable to obtain the services during the five days from the time I made my request, and the following exigent circumstances merit a temporary waiver of the credit counseling requirement so I can file my bankruptcy case now.
[Summarize exigent circumstanceshere]
If your certification is satisfactory to the court, you must still obtain the credit counseling briefing within the first 30 days after you file your bankruptcy petition and promptly file a certificate from the agency that provided the counseling, together with a copy of any debt management plan developed through the agency. Failure to fulfill these requirements may result in dismissal of your case. Any extension of the 30-day deadline can be granted only for cause and is limited to a maximum of 15 days. Your case may also be dismissed if the court is not satisfied with your reasons for filing your bankruptcy case without first receiving a credit counseling briefing. L1 4. 1 am not required to receive a credit counseling briefing because of. [Check the
applicablestatement] [Must be accompanied by a motionfor determination by the court ] EJ Incapacity (Defined in II U.S C. § 109(h)(4) as impaired by reason of mental illness or mental deficiency so as to be incapable of realizing and making rational decisions with respect to financial responsibilities.), [ Disability. (Defined in 11 U S.C. § 109(h)(4) as physically impaired to the extent of being unable, after reasonable effort, to participate in a credit counseling briefing in person, by telephone, or through the Internet ); D Active rmlitary duty in a military combat zone
El 5 The United States trustee or bankruptcy administrator has determined that the credit counseling requirement of 11 U S C. § 109(h) does not apply in this distnct.
I certify under penalty of perjury that the information provided above is true and correct.
Signature of Debtor Date.
796
COMMITTEE NOTE Paragraph 3 of Exhibit D is amended to delete any reference to a requirement that a debtor file a motion with the court to obtain an order approving a request for the postponement of the debtor's obligation to obtain a credit counseling briefing prior to the commencement of the case. The paragraph immediately following numbered paragraph 3 is also amended to reflect the deletion of the need for a separate motion beyond the completion of the certification itself. That paragraph continues to warn the debtor that the case may be dismissed if the court does not find that a postponement is warranted It also advises the debtor that, even if the court concludes that postponement of the obligation is appropriate, the debtor still must complete the briefing within the time allowed under the Code.
797
H8 (Form 8) (12/08)
United States Bankruptcy Court
District Of
In re Debtor
,
Case No Chapter 7
CHAPTER 7 INDIVIDUAL DEBTOR'S STATEMENT OF INTENTION
PART A - Debts secured by property of the estate (Part A must be fully completed for EACH debt which is secured by property of the estate Attach additional pages if necessary) Property No I Creditor's Name: Describe Property Securing Debt:
Property will be (check one)Surrendered
Retained
If retaining the property, I intend to (check at least one)Redeem the property Reaffirm the debt __ Other Explain using I1 USC § 522(t)) Property is (check one) Claimed as exempt Property No 2 (if necessary) Creditor's Name:
(for example, avoid lien
Not claimed as exempt
Describe Property Securing Debt-
Property will be (check one) Surrendered
Retained
If retaining the property, I intend to (check at least one) Redeem the property Reaffirm the debt Other Explain using II USC §522(f)) Property is (check one)Claimed as exempt
(for example, avoid
lien
Not claimed as exempt
798
ii ( Form, S) ( 12108 )
Page 2
PART B - Personal property subject to unexpired leases- (All three columns of Part B must be completed for each unexpired lease Attach additional pages if necessary) Property No I Lessor's Name: Describe Leased Property: Lease will be Assumed pursuant to lI USC § 365(p)(2) YES Property No 2 (if necessary) Lessor's Name: Describe Leased Property: Lease will be Assumed pursuant to II U S.C § 365(p)(2) YES NO NO
Property No 3 (if necessary) Lessor's Name: Describe Leased Property: Lease will be Assumed pursuant to 11 US C- § 365(p)(2): YES NO
continuation sheets attached (if any) I declare under penalty of perjury that the above indicates my intention as to any property of my estate securing a debt and/or personal property subject to an unexpired lease.
Date Signature of Debtor
Signature of Joint Debtor
799
1
(Form 8) (12/0S)
Page 3 (Continuation Sheet)
CHAPTER 7 INDIVIDUAL DEBTOR'S STATEMENT OF INTENTION
PART A - Continuation Property No _ Creditor's Name: Describe Property Securing Debt.
Property will be (check one) Surrendered
Retained
[f retaining the property, I intend to (check at least one) Redeem the property Reaffirm the debt Other Explain using II U S.C § 522(f)). Property is (check one) Claimed as exempt
(for example, avoid
lien
Not claimed as exempt
PART B - Continuation Property No Lessor's Name: Describe Leased Property: Lease will be Assumed pursuant to ll U S C § 365(p)(2). YES NO
Property No Lessor's Name: Describe Leased Property: Lease will be Assumed pursuant to ll U S C § 365(p)(2). YES NO
800
FORM 8
COMMITTEE NOTE
The form is amended to conform to § 362(h), which was added to the Code, and § 52 l(a)(2), which was amended, by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, Pub L No 109-8, 119 Stat 23 (April 20, 2005), by expanding the questions directed to the debtor regarding leased personal property and property subject to security interests. The form is also amended and reformatted to require the debtor to complete a series of statements describing the property and setting out what actions the debtor intends to take for each listed asset. The amended form is intended to elicit more complete information about the debtor's intentions with regard to property subject to security interests and personal property leases than has been obtained under the current version of the form In addition, the form is amended to add a space for the joint debtor's signature and to specify that, as required by Rule 1008, the signature of the debtor or joint debtor is a declaration made under penalty of perjury A continuation page has been provided for use if necessary The Declaration of Non-Attorney Bankruptcy Petition Preparer has been deleted from the form as duplicative of Form 19, Declaration and Signature of Non-Attorney Bankruptcy Petition Preparer Form 19 contains both the petition preparer's declaration and signature and the notice the petition preparer is required to give to the debtor under § 110 of the Code
801
B27 (Official Form271 (12/09)
United States Bankruptcy Court
District Of
In re Debtor Case No Chapter __
REAFFIRMATION AGREEMENT COVER SHEET This form must be completed m its entirety and filed, with the reaffirmation agreement attached, within the time set under Rule 4008. It may be filed by any party to the reaffirmation agreement. I 2 Creditor's Name: Amount of the debt subject to this reaffirmation agreement: $ on the date of bankruptcy $ to be paid under reaffirmation agreement Annual percentage rate of interest: % under reaffirmation agreement Repayment terms (if fixed rate): $ % prior to bankruptcy Fixed Rate __ Adjustable Rate) months
$
3
( __
4. 5
_
per month for
Collateral, if any, securing the debt: Current market value Description.
6 Does the creditor assert that the debt is nondischargeable? Yes __ No (If yes, attach a declaration setting forth the nature of the debt and basis for the contention that the debt is nondischargeable.) Debtor's Schedule I and J Entries 7A. Total monthly income from Schedule I, line 16 Total monthly expenses from Schedule J, line 18
$713
Debtor's Income and Expenses as Stated on Reaffirmation Agreement Monthly income from all $ sources after payroll deductions
8A.
$
8B.
Monthly expenses
$
9A
Total monthly payments on $ reaffirmed debts not listed on Schedule J
913 Total monthly payments on $ reaffirmed debts not included in monthly expenses 1013 Net monthly income $ (Subtract sum of lines 8B and 913 from line 7B If total is less than zero, put the number in brackets)
802
B2 7 (0 ff[c 'a F orm2 7) (12/09)
Page 2
11.
Explain with specificity any difference between the income amounts (7A and 7B)-
12.
Explain with specificity any difference between the expense amounts (8A and 8B)
If line 11 or12 is completed, the undersigned debtor, and joint debtor if applicable, certifies that any explanation contained on those lines is true and correct
Signature of Debtor (only required if line 11 or 12 is completed) Other Information
Signature of Joint Debtor (if applicable, and only required if line II or 12 is completed)
El Check this box if the total on line lOB is less than zero If that number is less than zero, a presumption of undue hardship arises (unless the creditor is a credit union) and you must explain with specificity the sources of funds available to the Debtor to make the monthly payments on the reaffirmed debt
Was debtor represented by counsel during the course of negotiating this reaffirmation agreement2 -Yes No If debtor was represented by counsel during the course of negotiating this reaffirmation agreement, has counsel executed a certification (affidavit or declaration) in support of the reaffirmation agreement 9 Yes No
FILER'S CERTIFICATION I hereby certify that the attached agreement is a true and correct copy of the reaffirmation agreement between the parties identified on this Reaffirmation Agreement Cover Sheet
Signature
Print/Type Name & Signer's Relation to Case
803
Form 27
COMMITTEE NOTE This form is new. It gathers certain financial information, including information necessary for the court to determine whether a reaffirmation agreement creates a presumption of undue hardship under § 524(m) of the Code, and it allows the debtor to provide additional information that may rebut such a presumption To implement the requirements of Bankruptcy Rule 4008(b), the form also provides for a disclosure of any differences between the income and expenses reported on schedules I and J and the income and expenses reported m the debtor's statement in support of the reaffirmation agreement, together with an explanation of any such differences. Finally, the form requires a certification that the information supplied is true and correct.
804
3 Public Comment on ProposedAmendments to Official Form 8 Comment 07-BK-001 was submitted by David S Yen on behalf of the Legal Assistance Foundation of Metropolitan Chicago Mr. Yen suggests that the form include a certificate of service or, if not a certificate of service, a warning that Rule 1007(b)(2) requires that the form be served on the trustee, creditors and lessors. Judge Hunter (W.D. La.) submitted Comment 07-BK-005 in response to the proposed amendment. His comment echos concerns expressed by the Bankruptcy Judges Advisory Group (BJAG) which had a brief opportunity to review the proposed form. Generally, the concern is that the form, as revised, is too complicated and attempts to accomplish too much. Judge Hunter suggests that the proposed form as amended is too complex. He notes that the proposed form allows a debtor to state that something "other" than surrender, reaffirmation or redemption will be done with the property. He suggests that no other option is available. Furthermore, he asserts that the form should not include any reference to whether the debtor intends to claim the property as exempt. This additional information, Judge Hunter argues, will confuse the issues He notes that exemptions are covered by Schedule C, and he suggests that information regarding exemptions be limited to that form Comment 07-BK-023 was submitted by Ms. Margaret Grammar Gay, Chief Deputy Clerk of the Bankruptcy Court for the District of New Mexico. Ms. Grammar Gay notes her agreement with Judge Hunter's comments which are summarized above. She also notes that she finds the explanation or instructions for the fourth column on the form to be confusing and not illustrative of the form Furthermore, she states that the form should require the debtor's signature to be verified as required by Rule 1008, and she believes the form could delete the declaration of a petition preparer who would already be required to file Official Form 19 (petition preparer's declaration) with Official Form 8 when it is filed. Changes Made After Publication. The form was revised by setting the question of whether the debtor intends to exempt property apart from the question of whether the debtor intends to retain the property In addition, the form is amended to add a space for the joint debtor's signature and to specify that, as required by Rule 1008, the signature of the debtor or joint 115 805
debtor is a declaration made under penalty of perjury. Other stylistic changes were made to the form to simplify the form and make it easier to complete 4. Public Comment on proposednew Official Form 27. Comment 07-BK-013 Bankruptcy Judge Philip Brandt (W.D. Wash.) Judge Brandt's comment suggests that the form include a line that would capture reaffirmation agreements that are proposed as settlements of unsecured claims alleged to be nondischargeable. He proposes that if a reaffirmation is based on such a claim, the form include a sworn statement that sets out the factual basis of the debt and why it is nondischargeable. This issue could be addressed in the first information item on the form as more fully discussed in connection with Comment 07-BK-0 17. Comment 07-BK-016 Mr. Philip Bartlett, CEO and President of the Financial Services Roundtable Mr Bartlett does not offer any comment directly on proposed Official Form 27, other than to say that additional work should be done to prepare a required form of reaffirmation agreement itself He notes that there is a wide range of forms being used across the country, and he suggests that there should be a single, uniform reaffirmation agreement. Comment 07-BK-020 American Bankers Association, et. al. (including the Financial Services Roundtable) These groups note that they do not "per se" object to the form, but they urge the Committee to take action to ensure that reaffirmation agreements comply with the requirements of the Bankruptcy Code Among the suggestions is that there should be rules or forms that ensure that reaffirmation agreements include the language that is specifically required by the Code The group states that the Committee should not be troubled by the current discrepancies among the courts with regard to the form and content of reaffirmation agreements because a fomn that would preserve adherence to the Code could not raise substantive disagreement among the courts They express concern that although the Code provisions governing reaffirmations require increased uniformity, there is still a variety of forms that they must use in different courts across the country. Comment 07-BK-017 Bankruptcy Clerk Thomas Hart (D. Vt.) Mr Hart submitted a lengthy comment that generally supports 116 806
proposed Official Form 27, and that includes a number of suggestions for the improvement of the form More significantly, the submission includes a form of reaffirmation cover sheet that they have used along with an extensive instruction sheet that provides much more detail than is included in the proposed Official Form He notes that the District was in the process of creating a form of reaffirmation cover sheet, but they decided to use the proposed Official Form 27, with one modification, as their form They also decided to make a few stylistic changes to the form along with a much more extensive instruction sheet that accompanies the form The "substantive" modification that they made to the form was to delete the item on proposed Official Form 27 that asks for the amount of the debt as of the commencement of the case. They deleted the question because they found it to be ambiguous That item calls for the "amount of debt as of commencement of case", and they noted that it could be read to mean all of the debt owed as of the commencement of the case rather than just the debt owed to the creditor who is a party to the reaffirmation agreement Comment 07-BK-023 Chief Deputy Bankruptcy Court Clerk Margaret Grammar Gay (D.N.M.) Ms. Grammar Gay makes several suggestions regarding proposed Official Form 27 First, she notes that the form should be denominated OF27 rather than B27 at the top of the form. Second, she suggests that at the top of the form, an instruction be added directing the appropriate person to "Complete this form and file it within the time set under Rule 4008." She further suggests that the form not require a listing of the debtor's name and address, and that the third sentence on the form provide that the filer must "Attach the reaffirmation agreement to this cover sheet." She suggests that the words "set out" be deleted in lines 8 and 1 on the form and that in the sentences at the first check box, the words "greater than" be underlined to provide greater emphasis to the concept. She also notes that the filer's certification would not be necessary if the reaffirmation agreement is attached to the form Changes Made After Publication: The form was changed to require the submission of additional information to assist the court in determining whether the reaffirmation agreement presents an undue hardship to the debtor and the debtor's dependents The form now requires the person completing the form to include the interest rates charged under the 117 807
original agreement and the reaffirmation agreement, the repayment terms of the reaffirmation agreement, and whether the creditor asserts that the underlying obligation is nondischargeable The debtor's income and expenses at the time of the reaffirmation agreement and as set out on Schedules I and J (the debtor's income and expenses at the time of the commencement of the case) are now set out in parallel columns for ease of comparison. Other stylistic changes were made to the form, and the Committee Note is revised to reflect these changes.
5. Exhibit D to Official Form I
Exhibit D was published for comment in August 2006. The changes to the form were made necessary in part because the Advisory Committee decided to withdraw Proposed Rule 1017.1 which would have created a new process for the consideration of requests for the postponement of a debtor's obligation to obtain a prepetition credit counseling bnefing. The revised form deletes the reference to a motion to be filed by the debtor, as no motion is required. Instead, the form itself operates as the debtor's request for consideration of the issue by the court. The Advisory Committee recommends that this amendment become effective on December 1, 2008 D
Proposed Amendments to Bankruptcy Rules 2016, 7052, 9006(f), 9015, and 9023 Submitted for Final Approval by the Standing Committee and Submission to the Judicial Conference Without Publication.
The Advisory Committee recommends that the following amendments be approved and submitted to the Judicial Conference without publication. The amendments to Rules 2016 and 9006(f) are technical amendments necessary to correct cross references in the rules to provisions of the Bankruptcy Code and to the Federal Rules of Civil Procedure that were amended and renumbered. The amendments to Rules 7052, 9015, and 9023 are necessary to implement the new 14-day deadline for the filing of a notice of appeal. The Advisory Committee recommends that these amendments become effective on December 1, 2009.
1. Synopsis of ProposedAmendments to Rules 2016, 7052, 9006(09, 9015, and 9023
(a)
Rule 2016 is amended to correct a cross reference in the rule to a subsection of the Code that was changed by a 2005 amendment to the Code. The amendment also changes the deadline for filing a supplemental statement to conform to the time computation amendments that change all 10 day periods to 14 day periods Rule 7052 is amended by limiting the time for filing post judgment motions for 118 808
(b)
amended or additional findings. The deadline is set at 14 days in contrast to the 30 day deadline included in the Federal Rules of Civil Procedure This is necessary because the deadline for filing a notice of appeal under Bankruptcy Rule 8002 is 14 days rather than the 30 days allowed under Rule 4(a)(1)(A) F R. App. P. (c) Rule 9006 is amended to correct a cross reference to subparagraphs of Rule 5(b)(2) F. R. Civ. P. Those subparagraphs were renumbered as a part of the civil rules restyling project. Rule 9015 is amended by deleting the reference to Rule 50 F.R.Civ.P. from the list of civil rules that are applicable in cases and proceedings. Subdivision (c) is added to make Rule 50 applicable in cases and proceedings, but it limits the time for filing certain post judgment motions to 14 days rather than 30 days as set out in the civil rules. Rule 9023 is amended to limit the time for filing a post judgment motion for a new trial or for the court to order sua sponte a new trial to 14 days after entry of judgment. This is necessary because the deadline for filing a notice of appeal under Rule 8002 is 14 days. Text of ProposedAmendments to Rules 2016, 7052, 9006(f), 9015, and 9023 Rule 2016. Compensation for Services Rendered and Reimbursement of Expenses
(d)
(e)
2.
2 3
(c) DISCLOSURE OF COMPENSATION PAID OR PROMISED TO BANKRUPTCY PETITION
119
809
4 5 6 '7
PREPARER Before a petition is filed, every Every bankruptcy petition preparer for a debtor shall file deliver to the debtor a the declaration under penalty of perjury and
ti a yst t
thLet dtelai •ait,
to
thtLUnited StetLI-, t
t
t
L
8~~~~~~~~~~~ 10dMeft a t fl~ i t 1 tlt 9
flt
petittion, ut at
anuthtex twit. as the cot•urit iimay d±t•tt, aOrequired by §
10 II 12 13 14 15 16 17 18 19
11 0(h)0r) (2). The declaration shall must disclose any fee, and the source of any fee, received from or on behalf of the debtor within 12 months of the filing of the case and all unpaid fees charged to the debtor. The declaration shall also must descnbe the services performed and documents prepared or caused to be prepared by the bankruptcy petition preparer. The declaration shall be filed with the petition. The petition preparer shall file a A supplemental statement shall-bt-filed within -0 14 days after any payment or agreement not previously disclosed.
120
810
COMMITTEE NOTE Subdivision (c) is amended to reflect the 2005 amendment to § I l0(h)(1) of the Bankruptcy Code requinng that the declaration be filed with the petition. The amendment to the rule also corrects the cross reference to § 110(h)(1), which was redesignated as subparagraph (h)(2) of § 110 by the 2005 amendment to the Code. In addition, the 10-day period for filing a supplemental statement is extended to 14 days to conform with the 2009 time computation amendments that adjust most periods of less than 30 days to multiples of seven days Other changes are stylistic. Rule 7052. Findings by the Court
2 3 4 5
Rule 52 F R.Civ.P applies in adversary proceedings, except that any motion under subdivision (b) of that rule for amended or additional findings shall be filed no later than 14 days after entry of ludgment. COMMITTEE NOTE
The rule is amended by limiting the time for filing post judgment motions for amended or additional findings. In 2009, Rule 52 F R.Civ.P. was amended to extend the deadline for filing those post judgment motions to no later than 30 days after entry of the 121
811
judgment That deadline corresponds to the deadline for filing a notice of appeal in a civil case under Rule 4(a)(1)(A) F.R.App.P. In a bankruptcy case, the deadline for filing a notice of appeal is 14 days. Therefore, the 30 day deadline for filing a motion for amended or additional findings would effectively override the notice of appeal deadline under Rule 8002(a) but for this amendment. Rule 9006. Time
2 3 4 5 6 7 8 9 10
(t) ADDITIONAL TIME AFTER SERVICE BY MAIL OR UNDER RULE 5(b)(2)(Ej-or-(D) 5(b)(2)(D). (E), or (F) F.R Civ P. When there is a right or requirement to act or undertake some proceedings within a prescribed period after service and that service is by mail or under Rule 5 (b)(2)(C) or (D) (b)(2)(D), (E), or (F) F.R Civ.P, three days are added after the prescribed period would otherwise expire under Rule 9006(a).
COMMITTEE NOTE 122
812
Subdivision (0 is amended to conform to the changes made to Rule 5(b)(2) of the Federal Rules of Civil Procedure as a part of the Civil Rules Restyhng Project. As a part of that project, subparagraphs (b)(2)(C) and (D) of that rule were rewritten as subparagraphs (b)(2)(D), (E), and (F). The cross reference to those rules contained in subdivision (f) of this rule is corrected by this amendment.
Rule 9015. Jury Trials
2 3 4 5 6 7 8 9 10 11
(a) APPLICABILITY OF CERTAIN FEDERAL RULES OF CIVIL PROCEDURE Rules 38, 39, and5+47-49, and 51, F.R.Civ.P, and Rule 81(c) F.R.Civ.P. insofar as it applies to jury trials, apply in cases and proceedings, except that a demand made pursuant-to under Rule 38(b) F.R.Civ.P. shall be filed in accordance with Rule 5005.
(c) APPLICABILITY OF RULE 50 F.R CIV.P Rule 50 F.R.Civ P. applies in cases and proceedings, except
123
813
12 13 14
that any renewed motion for ludgment or request for a new trial shall be filed no later than 14 days after the entry of ludgment. COMMITTEE NOTE
The rule is amended by deleting Rule 50 F.R.Civ.P. from the list in subdivision (a) of rules made applicable in cases and proceedings. However, subdivision (c) is added to make Rule 50 applicable in cases and proceedings, but it limits the time for filing certain post judgment motions to 14 days after the entry ofjudgment. The amendment is necessary because Rule 50 F.R.Civ.P. was amended in 2009 to extend the deadline for the filing of these post judgment motions to 30 days That deadline corresponds to the deadline for filing a notice of appeal in a civil case under Rule 4(a)(1)(A) F R.App.P. In a bankruptcy case, the deadline for filing a notice of appeal is 14 days. Therefore, the 30 day deadline for filing these post judgment motions would effectively override the notice of appeal deadline under Rule 8002(a) but for this amendment. Other amendments are stylistic. Rule 9023. New Trials; Amendment of Judgments
2 3
4
Except as provided in this rule and Rule 3008, Rule 59 F.R.Civ P applies in cases under the Code. exeept-as
puvi•ud " ul 3008 A motion for a new trial or to alter 124
814
5 6 7
or amend a judgment shall be filed, and a court may on its own order a new trial, no later than 14 days after entry of judgment. COMMITTEE NOTE
The rule is amended to limit to 14 days the time for a party to file a post judgment motion for a new trial and for the court to order sua sponte a new trial. In 2009, Rule 59 F.R.Civ.P. was amended to extend the deadline for these actions to 30 days after the entry of judgment. That deadline corresponds to the deadline for filing a notice of appeal in a civil case under Rule 4(a)(1)(A) F.R App.P. In a bankruptcy case, however, the deadline for filing a notice of appeal is 14 days Therefore, the 30 day deadline for filing a motion for a new trial or a motion to alter or amend a judgment would effectively override the notice of appeal deadline under Rule 8002(a) but for this amendment. E. Proposed Amendments to Official Forms 9F, 10, and 23 Submitted for Final Approval by the Standing Committee and Submission to the Judicial Conference Without Publication
The Advisory Committee recommends that the amendments to Official Forms 9F, 10, and 23 be approved and submitted to the Judicial Conference without publication. These changes are largely technical in nature and are made to conform to the language of the Bankruptcy Code. Official Form 9F is amended to delete inclusion of the debtor's phone number. Official Form 10 is amended to include a reference to instruction 125
815
seven in the parenthetical at the end of numbered paragraph seven on page one, to include information about health care-related claims in instructions two and seven, and to revise the definitions of "creditor" and "claim" to conform to those definitions in the Bankruptcy Code. Official Form 23 is amended to include a reference to § 1141(d)(5)(B) in the filing deadlines note at the bottom of the page. The Advisory Committee recommends that these amendments become effective on December 1, 2008.
Text of ProposedAmendments to Official Forms 9F, 10, and 23
126
816
B9F (Official Form 9F) (Chapter II Corporation/Partnership Case) (12/08)
UNITED STATES BANKRUPTCY COURT
District of
Notice of Chapter 11 Bankruptcy Case, Meeting of Creditors, & Deadlines
[A chapter I I bankruptcy case concerning the debtor(s) listed below was filed on or [A bankruptcy case concerning the debtor(s) listed below was originally filed under chapter_ -(date) and was converted to a case under chapter I I on
___
(date)] (date)
_on
I
You may be a creditor of the debtor This notice lists important deadlines. You may want to consult an attorney to protect your rights All documents filed in the case may be inspected at the bankruptcy clerk's office at the address listed below NOTE The staff of the bankruptcy clerk's office cannot give legal advice
Debtor(s) (name(s) and address)
See Reverse Side for Important Explanations
Case Number Last four digits ot Social-Security or Indiidual Taxpayer-ID (ITiN) No(s)/Complete EIN
All other names used by the Debtor(s) in the last 8 years (include trade names)
Attorney for Debtor(s) (name and address)
Tele hone number
Meeting of Creditors Date / / Time
( ) A M. ( )P.M
Location
Deadline to File a Proof of Claim Proof of Claim must be received by the bankruptcy clerk's office by the following deadline Notice of deadline will be sent at a later time. Creditor with a Foreign Address: A creditor to whom this notice is sent at a foreign address should read the information under "Claims" on the reverse side
Deadline to File a Complaint to Determine Dischargeability of Certain Debts: Creditors May Not rake Certain Actions: In most instances, the filing of the bankruptcy case automatically stays certain collection and other actions against the debtor and the debtor's property Under certain circumstances, the stay may be limited to 30 days or not exist at all, although the debtor can request the court to extend or impose a stay. If you attempt to collect a debt or take other action in violation of the Bankruptcy Code, you may be penalized. Consult a lawyer to determine your rights in this case Address of the Bankruptcy Clerk's Office
Clerk of the Bankruptcy Court
For the Court:
I elephone number
Hlours Open
Date
817
Filing of Chapter I I Bankruptcy Case
Legal Advice Creditors Generally May Not Take Certain Actions
Meeting of Creditors
Claims
Discharge of Debts
Bankruptcy Clerk's Office Creditor with a Foreign Address
EXPLANATIONS 89F (Official Form 9F ) (12/08 A bankruptcy case under Chapter II of the Bankruptcy Code (title I1, United States Code) has been filed in this court by or against the debtor(s) listed on the front side, and an order for relief has been entered Chapter II allows a debtor to reorganize or liquidate pursuant to a plan A plan is not effective unless confirmed by the court You may be sent a copy of the plan and a disclosure statement telling you about the plan, and you might have the opportunity to vote on the plan You will be sent notice of the date of the confirmation hearing, and you may object to confirmation of the plan and attend the confirmation hearing Unless a trustee is serving, the debtor will remain in possession of the debtor's property and may continue to operate any business The staff of the bankruptcy clerk's office cannot give legal advice. Consult a lawyer to determine your rights in this case Prohibited collection actions are listed in Bankruptcy Code § 362 Common examples of prohibited actions include contacting the debtor by telephone, mail, or otherwise to demand repayment, taking actions to collect money or obtain property from the debtor; repossessing the debtor's property, and starting or continuing lawsuits or foreclosures Under certain circumstances, the stay may be limited to 30 days or not exist at all, although the debtor can request the court to extend or impose a stay A meeting of creditors is scheduled for the date, time, and location listed on the front side The debtor's representativemust be present at the meeting to be questioned under oath by the trustee and by creditors Creditors are welcome to attend, but are not required to do so The meeting may be continued and concluded at a later date without further notice The court, after notice and a hearing, may order that the United States trustee not convene the meeting if the debtor has filed a plan for which the debtor solicited acceptances before filing the case A Proof of Claim is a signed statement describing a creditor's claim Ifa Proof of Claim form is not included with this notice, you can obtain one at any bankruptcy clerk's office You may look at the schedules that have been or will be filed at the bankruptcy clerk's office. If your claim is scheduled and is not listed as disputed, contingent, or unliquidated, it will be allowed in the amount scheduled unless you filed a Proof of Claim or you are sent further notice about the claim Whether or not your claim is scheduled, you are permitted to file a Proof of Claim. If your claim is not listed at all or if your claim is listed as disputed, contingent, or unliquidated, then you must file a Proof of Claim or you might not be paid any money on your claim and may be unable to vote on a plan The court has not yet seta deadlineto file aProof ofClaim If a deadline is set, you will be sent another notice A secured creditor retains rights in its collateral regardless of whether that creditor files a Proof of Claim Filing a Proof of Claim submits the creditor to the jurisdiction of the bankruptcy court, with consequences a lawyer can explain For example, a secured creditor who files a Proof of Claim may surrender important nonmonetary rights, including the right to ajury trial Filing Deadline for a Creditor with a Foreign Address: The deadline for filing claims will be set in a later court order and will apply to all creditors unless the order provides otherwise If notice of the order setting the deadline is sent to a creditor at a foreign address, the creditor may file a motion requesting the court to extend the deadline Confirmation of a chapter I I plan may result in a discharge of debts, which may include all or part of your debt See Bankruptcy Code § 1141 (d) A discharge means that you may never try to collect the debt from the debtor, except as provided in the plan If you believe that a debt owed to you is not dischargeable tinder Bankruptcy Code § 1141 (d) (6) (A), you must start a lawsuit by filing a complaint in the bankruptcy clerk's office by the "Deadline to File a Complaint to Determine Dischargeability of Certain Debts" listed on the front side. The bankruptcy clerk's office must receive the complaint and any required filing fee by that deadline Any paper that you file in this bankruptcy case should be filed at the bankruptcy clerk's office at the address listed on the front side You may inspect all papers filed, including the list of the debtor's property and debts and the list of the property claimed as exempt, at the bankruptcy clerk's office Consult a lawyer familiar with United States bankruptcy law if you have any questions regarding your rights in this case Refer To Other Side [or Important Deadlines and Notices
818
BI0 (Official Form 10) (12/08)
[INITED Srt 1ES IBANKRUP'I CyCOURT DIS IRICT OF AIM
Name of Debtor
NOTE Ih•oisorm should not be
I
Nmber
edto make a caimfor an ad •inistratve expense arisingafter the commencement of the case A requeet for payment ofan admn•nuiratze expense may be fled pursuant toll US C § 503 Name of Creditor (the person or other entrty to whom the debtor owes money or property) [, Check this box to rindcate that this Name and address where notices should be sent claim amends a previously filed claim (ourt Claim Number
(Ifknown)
telephone number Fild on Name and address where payment should be sent (ifddifferent from above) I Check this box ifyou are aware that anyone else has filed a proof of claim relating to your claim Attach copy of statement giving particulars Felephone number I Amount of Claim a2 offDate Case Filed
$
II Check this box ifyou are the debtor or trustee in this case 5 Amount of Claim Entitled to
If all or part of your claim is secured, complete item 4 below, however, if all of your claim isunsecured, do not complete item 4 If all or part of your claim is entitled to priority, complete item 5
11Check this box if claim includes interest or other charges in addition to the principat amount of claim statement of interest or charges 2 Basis for Claim. (See instruction #2 on reverse side 3. Last four digits of any number by which creditor identifies debtor 3a Debtor may have scheduled account as (See instruction #3a on reverse side ) 4. Secured Claim (See instruction #4 on reverse side ) Check the appropriate box ifyour claim is secured by a lien on property or a right of setoffand provide the requested information Nature of property or right ofsetoff. Describe: Value of Property.$S_ LI Real Estate 'I Motor Vehicle I1 Other Attach itemized
Priority under It U.S.C. §50 7(a). If any portion of your claim falls in one of the following categories, check the box and state the amount
Specify the priority of the claim I Domestic support obligations under I IU JSC §507(aXl)(A)or(aXIXB)
ii Wages salaries or commissions (up to $10,950*) earned within 18 days before filing ot the bankruptcy petition or cessation of the debtor's business, whichever is earlier - II 13 S C §507 (a)(4) I Contributions to an employee benefit plan - II U S C §507 (aX5) Up to $2,425* of deposits toward purchase, lease, or rental of property or services for personal, family, or household use - I I U S C §507 (a)(7) LI faxes or penatiies owed to governmental units - II U S C §507 (a)(8) 1 Other -Specify appicable paragraph of II U SC §507 (a)(_ Amount entitled to prority: $
Annual Interest Rate
%
Amount of arrearage and other charges as of time case filed included in secured claim, if any S Amount of Secured Claim $ 6 Ciredit, Basis for perfection
__IFaesorenlteswet
Amount Unsecured $
I he amount of all paymenis on this claim has been credited for the purpose of making this proof ofclaimn
7 Documents: Attach redacted copies ofany documents that support the claim, such as promissory notes, puicbase orders, invoiees, itemized statements ofrunning accounts, contraetsjudgncnts, mortgages, and security agreements You may also attach a summary Attach redacted copies of documents providing evidence of perfection of a security interest You may also attach a summary (See nstruiction 7 and defintion of "redacted" on reve, •eside) DONOI SENDORIGINAI DOCUMENTS SCANNIN6 If the documents are not available please explain ATTACHED DOCUMENTS MAY BF )LSIROYFDAFI I R
Amounts ar Willer I to adjustment on 411Q10 and eveiy 3 years thereafter a th respect to coes commenced on or after the date ofadjustment
Date.
Signature The person filtig this claiei must sign it Sign and print name and title, it ans of the creditor or other person authori•ed to file this claim and state address and tIlephone number if diterent from the notice address above Attach copy of power ofattorine i anyI
Penaltyforpresenangfiaoudulentclaim lime of up to $500 000 or imprisonment for up to 5 years, or both
18 tIf
§S 152 and 3571
819
BI0 (Official form 10) (12/08) - ('ont
lhe Instructions and deafinrtmon, elow are general erp/lnynom, of them l•,
INS FRtIC I IONS FOR PROOF OF CLAIM FORM
n certain circumstances, such as banknrpic-v cases not filed i'ohtonariy b/ the debtor there mar he exceptions to there general rules
Items to be completed in Proof of Claim form (ourft, Name of Debtor, and Case Number 4 Secured Chlam. Fill in the federal judicial district where the bankruptcy case was filed (for Check the appropriatc box and provide the requestcd information if example Centrail District of California), thc bankruptcy debtor's name, and the the claim is fully or partially secured Skip this section i the caim is bankruptcy case number If the creditor received a noeite of the case from the entirely unsecured (See DEFINITIONS, below ) State the type and bankruptcy court, all of this information is located at the top of the notice the value of property that secures the claim, attach copies of lien documentation, and state annual interest rate and the amount past due Creditor's Name and Addresson the claim asof the dale of the bankruptcy filing Fill in the name of the person or entity asserting a claim and the name and address ofthe person who should receive notices issued during the bankruptcy case A 5. Amount ofClaim Entitled to Priority Under II U.S C. §507(a) separate space is provided for the payment address if it differs from the notice Ifany portion ofyour claim falls in one or more of the listed address [he creditor has a continuing obligation to keep the court informed of its categories, check the appropriate box(es) and state the amount 2 current address See Federal Rule of Bankruptcy Procedure (FRBP) 002(g) entitled to priority (See DEFINITIONS, below ) A claim may be partly priority and partly non-priority For example, in some of the I Amount of Claim as of Date Case Filedcategories, the law limits the amount entitled to priority State the total amount owed to the creditor on tdo, date of thc Bankruptcy filing Follow the Instructions concerming whether to 6 Credits complete items 4 and 5 Check the box if interest or other charges are An authorized signature on this proof of claim serves as an acknowledgment included in the claim that when calculating the amount of the claim, the creditor gave the debtor credit for any payments receised toward the debt 2. Basis for Claim State the type of debt or how it was incurred Examples ncludc 7. Documents: goods sold, money loaned, services performed, personal Attach to this proof of claim form redacted copies documenting the existence inury/wrongful death car loan, mortgage note, and credit card If the claim is of the debt and of any lien securing the debt You may also attach a summary based on the delivery of heath care goods or services limit the disclosure of You must also attach copies of documents that evidence perfection of any the goods or services so as to avoid embarrassment or the secuntyinterest You may also attach a summary FRBP 3 00 l(c) and(d) disclosure of confidential health care information You may be required If the claim is based on the delivery of health care goods or services, see to provide additional disclosure if the trustee or another party in interest instruction 2 Do not send onginal documents, as attachments may be files an objection to your claim destroyed after scanning 3 Last Four Digits of Any Number by Which Creditor Identifies Debtor: State only the last four digits of the debtor's account or other number used by the creditor to identify the debtor 3a. Debtor May Have Scheduled Account As Use this space to report a change in the creditor's namc, a translerred claim, or any other information that clarifies a difference between this proof ofclaim and the claim as scheduled by the debtor Date and Signature The person filingthis proofofclaim must sign and date it FRBP9OlI ]inhe claim is filed electronically, FRBP 5005(a)(2), authorizes courts to establish local rules specifying what constitutes a signature Print the name and title, if any, of the creditor or other person authorized to file this claim State the filer's address and telephone number if it differs from the address given on the top of the form for purposes of receiving notices Attach a complete copy of any power of attorney Criminal penaltizes apply for making a false statement on a proof of claim
DEFINITIONS Debtor A debtor is the person, corporation, or other entity that has filed a bankruptcy cae Creditor A creditor is a person, corporation, or other entity owed a debt by the debtor that arose on or before the date of tile bankntptcy filing See II SC §101 (10) Clam A claim is the ereditor's right to receive payn metl On a debt owed by the debtor that arose on the date ofthe bankruptcy filing See II 1U SC C 10 1(5) A claim may be Secured or unsetured Proof of Claim A proofeo clati is a form used by the creditor to indicate the amount of the debt owed by the debtor on the date off he bankruplcy filing The creditor must file the form tillt the cleik of the same bankruptcy court in which tie bankruptcy case was filed Secu red Claim finder I I U S C §506(a1 A secured chatn is otie backed by a lien ontproperty of thc deblor The claim is secured s long asthe creditor has itic nght lo be paid from the property pnor to olhcr crc•duors I be daUlnt O thle secutred claim canntot exceed tire value of the property Any aniouni owed to the crcdltr In excess ofihc value of the property is an unsccured claim Fxatnplcs of litns on properly include a mortgagc oil real estate or a secinty interest in a car A lien may be voluntarily granted by a debtor or may be obtained through a coort proceeding In some states, a court judgment isa lien A claim also may be secured if the creditor owes the debtor money (has a right t0 setoff) Unsecured Claim An snnccured claim is one that does not meet the requtremeTtsotasecuredelaim Aclaiomraybe partly unsecured if the amount of tie claim exceeds the value of tihc property on which the creditor has a lien Claim nutitled to Priority Under II USC §507(a) Priority clamnaare certain categories ofunsecured claims that are paid from the available money or property in a haskilipicy case bcfore other unsecured claims Redacted A documnent has been redacted whcir the pcrson filing it has miasked, edited out, or otherwise deleted, certain tiorinatton A ciedilor should redact and use only the last itur digits efanye oeial-'ccunrv, individual's taxidentfication or financta-accout number, all but file itltllhlr of a nouir s name ard only the year of any jersqoti'" date ofbtrth Fvdence of Perfection Fivdeince of ptrtceuton may inclttdc a mortgage, lien, ceriLficate of title, fittancing statemeist, or other docnieni •eoi ng that lhe lien has bcen filed or record, d
INFORMA [ION Acknowledgment of Filing of Claim To receive acknowsledgment ofyour filIng, you may either enclose a stamped self-addressed envelope and a copy of this proof of clain or you may access the court's PACER system (vwwv pacr pscufcourt' coy) for a small fee to view your filed proof of claim Offers to Purchase a Claim Certatin entities are in the business of1pntrchaosng claims for an amount Lcss than the face valuc of the claimns DOe, or more ofthese entities may contact the crcditor atid offer to purchase the claim Sone of thc writter communication, from these etaitnicsne a easily he contfused with official cutin documentation oi communications from the debtor [hese entit, do not represent the bankruptcy cortm or the detot I lie creditor has no obligation to sell its clann I Iowever, i the creditor decides to sell its clain, aiy rtulser of suich claim Issubtect to FRBP 301t (c), any ipplfiablc provisions of the Btanikruptcy Code (I U S C 10] c1 seq ), and any applicable oriers of the hbaikiuJtcy court
820
Form 10
COMMITTEE NOTE The form is amended at box seven on page one, and instructions two and seven on page two, to instruct the claimant that the information contained in or attached to a claim based on the delivery of health care goods or services should be limited so as to avoid embarrassment or the unnecessary disclosure of confidential information. The claimant is informed that additional disclosure may be required if the trustee or another party in interest objects to the claim. Page two of the form is also amended to revise slightly the definitions of "creditor" and "claim" to conform more closely to the definitions of those terms in the Code.
821
B23 (Official Form 23) (12/08)
United States Bankruptcy Court
District Of
In re Debtor Chapter DEBTOR'S CERTIFICATION OF COMPLETION OF POSTPETITION INSTRUCTIONAL COURSE CONCERNING PERSONAL FINANCIAL MANAGEMENT Every individual debtor in a chapter 7, chapter 11 in which § 1141(d))(3) applies, or chapter 13 case must file this certification Ifa jointpetttion is filed, each spouse must complete andfile a separate certification Complete one of the following statements andfile by the deadline stated below the debtor in the above-styled case, hereby (Printed Name of Debtor) certify that on __ (Date), I completed an instructional course in personal financial management provided by ,an approved personal financial (Name of Provider) management provider Certificate No Case No
F1
1, _
_
(ifany)
, the debtor in the above-styled case, hereby (Printed Name of Debtor) certify that no personal financial management course is required because of[Check the appropriate box ] El Incapacity or disability, as defined in II U S C § 109(h), El Active military duty in a military combat zone, or El Residence in a district in which the United States trustee (or bankruptcy administrator) has determined that the approved instructional courses are not adequate at this time to serve the additional individuals who would otherwise be required to complete such courses
L] I,
Signature of Debtor Date
lnstjuctaon Use this form only to certify whether you completed a course in personal financial management (Fed R Bankr P 1007(b)(7) ) Do NOT use this form to file the certificate given to you by your prepetition credit counseling provider and do NOT include with the petition when filing your case
§ 341 of the Bankruptcy Code In a chapter II or 13 case, file no later than the last payment made by the debtor as required by the plan or the filing of
R Bankr P 1007(c))
Filing Deadlines In a chapter 7 case, file within 45 days of the first date set for the meeting of creditors under
a motion for a discharge under § 1 141(d)(5)(B) or § 1328(b) of the Code (See Fed
822
F.
Proposed Amendments to Bankruptcy Rules 1014, 1015. 1018, 5009. and 9001, and Proposed New Bankruptcy Rules 1004.2 and 5012.
The Advisory Committee recommends that the Standing Committee approve the following preliminary draft of proposed amendments to the Bankruptcy Rules and Official Forms for publication for comment. I1. Synopsis of ProposedAmendments to Bankruptcy Rules 1014, 1015, 1018, 5009, and 9001, and ProposedNew Bankruptcy Rules 1004 2 and 5012 (a) Rule 1004.2 is new. It requires that the entity filing a chapter 15 petition state on the petition the country of the debtor's main interests. It also requires that the filer list each country in which a case involving the debtor is pending The rule sets a deadline for challenging the statement asserting the country of the debtor's main interests Rule 1014 is amended to include chapter 15 cases among those subject to the rule that authorizes the court to determine where cases should go forward when multiple petitions involving the same debtor are pending. Rule 1015 is amended to include chapter 15 cases among those subject to the rule that authorize the court to order the consolidation orjoint administration of cases. Rule 1018 is amended to reflect the enactment of chapter 15 of the Code in 2005. The rule also is amended to clarify that it applies to contests over involuntary petitions but does not apply to matters that are merely related to a contested involuntary petition. Rule 5009 is amended to redesignate the former rule as new subdivision (a), and to add new subdivisions (b) and (c) to the rule. Subdivision (b) requires the clerk to provide notice to individual debtors in chapter 7 and 13 cases that their case may be closed without the entry of a discharge if they fail to file a timely statement that they have completed a personal financial management course. Subdivision (c) requires a foreign representative in a chapter 15 case to file and give notice of the filing of a final report in the case Rule 5012 is new. It establishes the procedure in chapter 15 cases for obtaining the approval of an agreement regarding communications and the coordination of the proceedings with cases involving the debtor pending in other countries
(b)
(c)
(d)
(e)
(f)
127
823
(g)
Rule 9001 is amended to add § 1502 to the list of definitional provisions in the Code that are applicable to the Bankruptcy Rules.
2
Text of ProposedAmendments to Bankruptcy Rules 1014, 1015, 1018, 5009, and 9001, and ProposedNew Bankruptcy Rules 1004 2 and 5012 Rule 1004.2. Petition in Chapter 15 Cases2 3
2 3 4 5 6 7 8 9 10
231n
(a) DESIGNATING CENTER OF MAIN INTERESTS. A petition seeking recognition of a forein proceeding under chapter 15 of the Code shall state the country where the debtor has the center of its main interests. The petition shall also identify each country in which a foreign proceeding by, regarding, or against the debtor is pending. (b) CHALLENGING DESIGNATION. The United States trustee or a party in interest may file a motion for a
addition to the adoption of Rule 1004.2, Official Form 1 would be amended to include a line on the form where the foreign representative indicates the country of the debtor's center of main interests. The Official Form would also be amended to include a line or lines on which the filer would set out the countries in which cases are pending. 128
824
11 12 13 14 15 16 17 18 19 20 21 22
determination that the debtor's center of main interests is other than as stated in the petition for recognition commencing the chapter 15 case. The motion shall be filed no later than 60 days after notice of the petition has been given to the movant under Rule 2002(u)(1). The motion shall be transmitted to the United States trustee and served on the debtor, all persons or bodies authorized to administer foreign proceedings of the debtor, all entities against whom provisional relief is being sought under § 1519 of the Code, all parties to litigation pending in the United States in which the debtor was a party at the time of the filng of the petition, and such other entities as the court may direct. COMMITTEE NOTE
This rule is new Subdivision (a) directs any entity that files a petition for recognition of a foreign proceeding under chapter 15 of the Code to state in the petition the center of the debtor's main interests The petition must also list each country in which a foreign proceeding involving the debtor is pending. This information will assist the court and parties in interest in determining whether the foreign proceeding is a foreign main or nonmam proceeding 129
825
Subdivision (b) sets a 60-day deadline for filing a motion to challenge the statement in the petition as to the country in which the debtor's center of main interests is located. Rule 1014. Dismissal and Change of Venue
2 3 4 5 6 7 8 9 10 II 12 13 14
(b) PROCEDURE WHEN PETITIONS INVOLVING THE SAME DEBTOR OR RELATED DEBTORS ARE FILED IN DIFFERENT COURTS petitions commencing cases under the Code or seeking recognition under chapter 15 are filed in different districts by. regarding, or against (1) the same debtor, or (2) a partnership and one or more of its general partners, or (3) two or more general partners, or (4) a debtor and an affiliate, on motion filed in the district in which the petition filed first is pending and after hearing on notice to the petitioners, the United States trustee, and other entities as directed by the court, the court may determine, in the interest of justice or for the convenience of the parties, the 130 If
826
15 16 17 18 19 20
district or districts in which the case or cases should proceed Except as otherwise ordered by the court in the district in which the petition filed first is pending, the proceedings on the other petitions shall be stayed by the courts in which they have been filed until the determination is made COMMITTEE NOTE
Subdivision (b) of the rule is amended to provide that petitions for recognition of a foreign proceeding are included among those that are governed by the procedure for determining where cases should go forward when multiple petitions involving the same debtor are filed. The amendment adds a specific reference to chapter 15 petitions and also provides that the rule governs proceedings regarding a debtor as well as those that are filed by or against a debtor. Other changes are stylistic Rule 1015. Consolidation or Joint Administration of Cases Pending in Same Court
2
(a) CASES INVOLVING SAME DEBTOR. If two 131
827
3 4 5 6
or more petitions by, regarding, or against the same debtor are pending in the same court by oi against the saiii debLt , the court may order consolidation of the cases.
COMMITTEE NOTE By amending subdivision (a) to include cases regarding the same debtor, the rule explicitly recognizes that the court's authority to consolidate cases when more than one petition is filed includes the authority to consolidate cases when one or more of the petitions is filed under chapter 15. This amendment is made in conjunction with the amendment to Rule 1014(b), which also governs petitions filed under chapter 15 regarding the same debtor as well as those filed by or against the debtor
Rule 1018. Contested Involuntary Petitions; Contested
Petitions Commencing Anciliary Chapter 15 Cases;
Proceedings to Vacate Order for Relief; Applicability of Rules in Part VII Governing Adversary Proceedings I 2 3 4 Unless the court otherwise directs and except as otherwise prescribed in Part I of these rules, the Tite following rules in Part VII apply to all proceedings relating to-ta-csted contesting an involuntary petttton-to
132
828
5
6
7
plueeed• teiatii "d 6 to a cootetet!
petition or a chapter 15
atctillay ktca
petition for recounitiOn coi iJi1icii a ua-s fret-gnprc,,
nbý,• and to all proceedings to vacate an
8 9
10
order for relief. Rules 7005, 7008-7010, 7015, 7016, 70247026, 7028-7037, 7052, 7054, 7056, and 7062 -except-as
utlnwis piu vij tej in Part f of thesew rules,ad un'less tire.
11
12 13 14
c
o
d 1 .u.
The court may direct that other
rules in Part VII shall also apply. For the purposes of this rule a reference in the Part VII rules to adversary proceedings shall be read as a reference to proceedings
1Jlat111
15
16 17 18 19
tU a
ct•ietsd contesting an involuntary petitmn-ot
contested-anrflary petition or a chapter 15 petition for recognition, or proceedings to vacate an order for relief Reference in the Federal Rules of Civil Procedure to the complaint shall be read as a reference to the petition. COMMITTEE NOTE The rule is amended to reflect the enactment of chapter 15 of 133
829
the Code in 2005. As to chapter 15 cases, the rule applies to contests over the petition for recognition and not to all matters that arise in the case Thus, proceedings governed by § 1519(e) and § 1521 (e) of the Code must comply with Rules 7001(7) and 7065, which provide that actions for injunctive relief are adversary proceedings governed by Part VII of the rules. The rule is also amended to clarify that it applies to contests over an involuntary petition, and not to matters merely "relating to" a contested involuntary petition. Matters that may arise in a chapter 15 case or an involuntary case, other than contests over the petition itself, are governed by the otherwise applicable rules Other changes are stylistic. Rule 5009. Closing Chapter 7 Liquidation, Chapter 12 Family Farmer's Debt Adjustment, and Chapter 13 Individual's Debt Adjustment and Chapter 15 Ancillary and Cross-Border Cases I(a) 2 3 4 5 6 7 CASES UNDER CHAPTERS 7, 12, AND 13. If in a chapter 7, chapter 12, or chapter 13 case the trustee has filed a final report and final account and has certified that the estate has been fully administered, and if within 30 days no objection has been filed by the United States trustee or a party in interest, there shall be a presumption that the estate has been fully administered. 134
830
8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
(b) NOTICE OF FAILURE TO FILE RULE 1007(b)(7) STATEMENT. If an individual debtor in a chapter 7 or 13 case has not filed the statement required by Rule 1007(b)(7) within 45 days after the first date set for the meeting of creditors under § 341 (a) of the Code, the clerk shall promptly notify the debtor that the case will be closed without entry of a discharge unless the statement is filed within the applicable time limit under Rule 1007(c).
(c) CASES UNDER CHAPTER 15. A foreign representative in a proceeding recognized under § 1517 of the Code shall file a final report when the purpose of the representative's appearance in the court is completed. The report shall describe the nature and results of the representative's activities in the court The foreign representative shall transmit the report to the United States trustee, and give notice of its filing to the debtor, all 135
831
25 26 27 28 29 30 31 32 33 34
persons or bodies authorized to administer foreign proceedings of the debtor, all parties to litigation pending in the United States in which the debtor was a party at the time of the filing of the petition, and such other entities as the court may direct. The foreign representative shall file a certificate with the court that notice has been given. If no objection has been filed by the United States trustee or a party in interest within 30 days after the certificate is filed, there shall be a presumption that the case has been fully administered. COMMITTEE NOTE
The rule is amended to redesignate the former rule as subdivision (a) and to add new subdivisions (b) and (c) to the rule. Subdivision (b) requires the clerk to provide notice to an individual debtor in a chapter 7 or 13 case that the case may be closed without the entry of a discharge due to the failure of the debtor to file a timely statement of completion of a personal financial management course. The purpose of the notice is to provide the debtor with an opportunity to complete the course and file the appropriate document prior to the filing deadline. Timely filing of the document avoids the need for a motion to extend the time retroactively. It also avoids the potential for closing the case without discharge, and the possible need to pay 136
832
an additional fee in connection with reopening. Timely filing also benefits the clerk's office by reducing the number of instances in which cases must be reopened. Subdivision (c) requires a foreign representative in a chapter 15 case to file a final report setting out the foreign representative's actions and results obtained in the United States court. It also requires the foreign representative to give notice of the filing of the report, and provides interested parties with 30 days to object to the report after the foreign representative has certified that notice has been given. In the absence of a timely objection, a presumption arises that the case is fully administered, and the case may be closed. Rule 5012. Agreements Concerning Coordination of Proceedings in Chapter 15 Cases 1 2 3 4 5 6 7 8 Approval of an agreement under § 1527(4) of the Code shall be sought by motion. The movant shall attach to the motion a copy of the Proposed agreement or protocol and, unless the court directs otherwise, give at least 30 days' notice of any hearing on the motion by transmitting the motion to the United States trustee, and serving it on the debtor, all persons or bodies authorized to administer foreign proceedings of the debtor, all entities against whom
137
833
9 10 11 12
provisional relief is being sought under § 1519, all parties to litigation pending in the United States in which the debtor was a party at the time of the filing of the petition. and such other entities as the court may direct COMMITTEE NOTE
This rule is new. In chapter 15 cases, any party in interest may seek approval of an agreement, frequently referred to as a "protocol," that will assist with the conduct of the case. Because the needs of the courts and the parties may vary greatly from case to case, the rule does not attempt to limit the form or scope of a protocol Rather, the rule simply requires that approval of a particular protocol be sought by motion, and designates the persons entitled to notice of the hearing on the motion. These agreements, or protocols, drafted entirely by parties in interest in the case, are intended to provide valuable assistance to the court in the management of the case Interested parties may find guidelines published by organizations, such as the American Law Institute and the International Insolvency Institute, helpful in crafting agreements or protocols to apply in a particular case
Rule 9001. General Definitions I 2 3 The definitions of words and phrases in §§ 1001, , 902, and-ý 1101, and 1502 of the Code, and the rules of construction in § 102, of-he-ende govern their use in these 138
834
4 5 6
rules In addition, the following words and phrases used in these rules have the meanings indicated
COMMITTEE NOTE The rule is amended to add § 1502 of the Code to the list of definitional provisions that are applicable to the Rules. That section was added to the Code by the 2005 amendments.
139
835
Ill.
Information Items (1) Statutory Time Periods Affected by the Time Computation Rule Changes
Bankruptcy Rule 9006 governs the computation of statutory periods as well as deadlines set out in the rules and court orders. Amending that rule to provide that intervening weekends and holidays are no longer to be excluded when the time period is less than 8 days would effectively shorten those time periods. The Advisory Committee reviewed the Bankruptcy Code and identified sixteen deadlines of less than 8 days in the Code. Ten of these deadlines are 5 day periods, four are 7 day periods, one is a 3 day penod, and one is a I day period. The Advisory Committee recommends that, with the exception of one 5 day period that is expressed in terms of "business days," Congress expand the 5 day periods to 7 days, thereby essentially retaining the amount of time typically applicable under current law. The Advisory Committee recommends that the four 7 day periods set out in the Code remain 7 days. Retention of the 7 day deadlines arguably shortens those time periods, but adding two or three days to those deadlines would run counter to the policy of adopting periods in multiples of 7 days. Finally, the Advisory Committee recommends retaining the 3 and I day periods under the Code because the provision that includes the three day period is set out as "3 calendar days", so Congress has already provided a computation method for that deadline. Finally, the one day deadline cannot reasonably be extended without contradicting the apparent purpose of the current statute. Thus, the Advisory Committee recommends that the 5 day periods in the following provisions of the Bankruptcy Code be extended to 7 days: 11 U.S.C. §§ 109(h)(3)(A)(ii), 322(a), 332(a), 342(e)(2), 521(e)(3)(B), 521(i)(2), 704(b)(1)(B), 764(b), and 749(b). (2) Backward Counting Deadlines The Advisory Committee discussed at length the computation of backward counting deadlines under the proposed time-computation amendments. In particular, significant concern was expressed about the Time-Computation Committee's recommendation that state holidays be included in the computation method. Under subdivision (a)(5), a backward counting deadline that ends on a Saturday, Sunday, or holiday would continue to the "next day" that is not a Saturday, Sunday, or holiday. Since it is a "backward" counting deadline, if the last day of a backward counting period is a Saturday, the "next day" would be Friday, and the action or filing would have to be completed on or before that Friday If the last day is a holiday, the same rule applies. That is, the next day that is before the holiday (and that is not also a Saturday, Sunday, or holiday) is the day on which the action or filing must occur. The Advisory Committee is concerned that parties will be unaware of many state holidays and will suffer the loss of rights for failure to act timely under the backward counting system as it applies to lesser known state holidays. Many of these holidays are not well known, and they pass without any other recognition by the federal courts Nonetheless, a backward counting deadline that ends on Victory Day in Rhode Island (the second Monday in August), would not end on that day, but would end on the Friday before that day. This would shorten the time for a party to act, 140 836
even though the federal court is open and operating on the day of the state holiday. To the extent that the decision not to exclude state holidays from the backward counting method was based on the assumption that there are relatively few of these deadlines, that assumption may not be appropriate for the Bankruptcy Code. The Code includes 80 backward counting deadlines. Attached is a spreadsheet that sets out these deadlines. Also attached is a spreadsheet that sets out the 18 backward counting deadlines included in the Bankruptcy Rules. The Advisory Committee recognizes the interest in and need for uniformity in the adoption of a time computation rule, but it also believes that an exclusion from the backward counting method for state holidays might be appropriate. (3) Draft Minutes Draft minutes of the March 2008 meeting of the Advisory Committee are attached.
ATTACHMENTS Spreadsheet of Comments on the Extension of the Deadline for Filing a Notice of Appeal Spreadsheets on Backward Counting Deadlines in the Bankruptcy Code and Rules Draft Minutes of March 2008 Advisory Committee Meeting
141
837
BANKRUPTCY RULE 8002 COMMENTS oýmment# Name 1 McKee 2 Wzmur Status10 Pract B]X 14
X
30
3 McGant
4 Heller 5 Efremsky
BJ
Staff Atty 10th Cir
BJ
_
X
X X
6 Myers, T
7 Tucker
BJ
Pract
X
X
8 Boswell
9 10 11 12 13 14 15 Boroff Sontchr Lyoons
BJ
BJ BJ BJX BJI BJ
X
X
X X
Fterald
Kressel Dodd Easterbrook
X
X
__
BJ
7TH CIR
16 17 18 19 20 21 22 23 24 25
Brown Adams MoCollough Goldgar Grammar Gay Starzinski
BJ BJ Bi BJ
Court Clerk BJ BJ Pract
X X X X
X X X
Mahoney,
Bussart Rogan Lennox
T
Pract Pract
Prof
X X
X
26 Resnick
This comment was submitted by the four Bankruptcy Judges and the Clerk for the
27 Schermer BJ X -
28 ABI
_
29 Brandt 30 Mich Bar
Assoc BJ Assoc
X X
IXXX!
This an -s aggregation of responses, and I would suggest that the position might also be correctly charachterized as a Preference for a 10 day deadline The Clerk of the court also joined in th is comment, and they suggest that 30 days
ED Mo
31 Teel 32 Cal Bar 33 NYC Bar
34 CLL[A 35 Wallace
BJ Assoc
Assoc
X
X
X
is also acceptable
Assoc
Court Clerk
X
X
3 7th Cr 37 ABAAso
Assoc Pract BJ Pract
This comment actually suggests that the deadline be made 7 days to conform to the multiple of 7 principle
X X
BK-2
Klee BK-3 Mannes BK-7(same as 23)
--
BK-9(same as 26)
BK-1 3(same as 29)
Prof
BJ-_X
X
BK-15(same as 33) BK-22 N-BC
Assoc Kssoc
X
App 1
838
Co
~
~r
~3
S
S S
T
C
C,
CL
C
-
on
Dr
CC
C C C C
Ž2 33
CO C
C~
2 50
C
C
C
C
C C no Oe OsCtC CCCC;CCC ~0 g,
2
9
CC ~
__
S
OS
S~~E
C-~jC CE~,0
,.C
5
C ŽCSCŽ OCCOCS
0
Ž~>~ C~C
r
CCC~ o3C2t~ •aC~cS~~ CCCC~N CCC 550525CC LU = -'U C
En
CCC go9
CCC
9 r
to
~CC CC
~C
SC oCCEC' 5CCt5~
tCs
~ e*~CCf~3
~CC
~
5~t~2o S
ŽoC~
=r~~-
o~
~ Žs9agbŽ
Cfl ~
C" UoCC,.C3O~!C orb, ~50 0 C~ U CC C CC~C3~S 0C~J3CO
C-~
5L,.5C 0C~CCC
ccvCCC CE-C. ~Ou~3C &OŽCC-~ aoo-" Co,.CŽr nQ~~ss OEŽs~ C -- CC ~~*COC Co~
LCECCUUC ~ ~CCOC~C
COSOQ wtO 2
' ~
,
a a
55C~~~~n 5 ~3E~,s
Er
,'
C' 0~
C=vtSs ,.C~,. CCC C~E 'CO~~~C ~ CE C rCLC
5
C~StaCS
Si
CC~C
,.r SF
-C ~C CC
CC
CSC 0Ž3
E~t
~
so
USC C
CC U
sor~Si.cCCC~~CCCnr, 55Ž0 5Ž Ec
2~t}1~"~"~'
CC EgO~~ 5 ~ ~SCEEFCSiU,. 0CCC~C --
~'3
5
53
CC
2
S
cE'
Ž-~C
SC
o
C~
C9 nets C -CCC
5
~,o't5$os~
g
F
00-Ca C CC ~CflC~
nctflCSS~
~CC
CvCQ3,CCC.~
0 5 0CC CC ECCC 0 CCAC OCOC ~'UEE
CC CC CC
C~5~C~ C C~ 2CL~ŽŽC C5~5S 35Cr ~CŽ CCOL~0C CCCC 5 ~CCrE3C -E~"*~3 ŽCLCOC C'UC~CC,. 9C 2 ~ ~ >ŽC CCCCC
0
CrrnC~CC C
S
to
CC
200Ž 'U 5=5,.
~
CE
0
C0
cC
C~ EU. C CC
CC C-C C CCOg CCC~ EoOWC-SCC S53~SE3~ CCC 50CC ~C=,. CCCD~CCCCO ~ C~C Cfl sL~~'CC CCCii2Z~5OC 5CC~5~~C5C COECr ~gC~"23eg CCC 0
C ~C 5 5 C' COtS-SC CCCg CCC~CC C~CO OCEC ~ 0 05 EC CE~C ~tC CECO CC-=CrCŽ 50CC ~5=o ,'C U C~ ~~C5 5C~C -C,'oC CC Er CCCO'CO -So CO C CJ -~ C ,.5C ~CCS rC5~C~5 "S C C 0 C,.C 2 ~C,.>CO&C~ CC ~ CSC.5 Cr
C
C CO C9 '-2 202 CC -
C
355 CSEC ~CCz C CCOC~O CCw,~CoC t~'c~' C~ C 0 SCOCS t tN CtCL5 CCCj
0
CO
C C CCC 0C C C C C 0 CCCC Ž"3&t 5 CCCCLCCC5 CECO ___
CC 53
CE C~ C' CCC 5-~ C C C 50CC c ,. SC C,. E52~C~9'OE cC~COC C 0C -CCCC CCC 0 3~CC~CCCO5 F __ __ _ ___ __ _
~C CCC tCCC'CCC 00CC S~~CC5 -. ~o~92ocoC CCC 'UCC VC'CC-
59CC Si~C~S~ C~ Z C~EOrb "5c~-C' C-CCCSC CU C~9 UCC C 5C C~ CCC >0>5,. CCCCCCU C U C 50, ~ 55~5 C CC
0
__ CC-E9~LoS~E
CCC C 0 0 ___
E&C~iC2OUŽtCC CŽOCoC~Ce CCrCCCO CC==CLOCCWCrS 0~5.~awCSa5zo~CCCCC3CS 9'3~WCCCCCCtI~ ~2 33 C 4 ECWC5CThCCCCCS~ _ _
(4
O C
4 C
2 -
4
_ C
C~
m
C 5 U',
ol
-C
t-------__
C-' -
-
C-
C C~
C C
<Ž
C
C
- CCC C-)
Co
C
CC
C
C
C
839
E E
C)
T
C
(0
0.-~
3'
CO 2 Ow N CC 0.CO CCC C2~ NC ~C3 C~t ~ a C 00 -9C o.~ CO Cr 0.o 2 C = C OC 0 to o C ~Ca C9 C~C C 2 cc C CC a C a~ a ~C CCC C CECOCCCNOC W~enaNC~F-H~~
0
* C o ~
C -~ Cot
3
o C
3
C Ova
'co N fl FcC
r
C a.o NC Cr 3 Cr3 ~fl C~NC.~t ONCCCC CCSC a C~Co -2 0 C
0
-NCC 30CC~F
C
~ CCN CN~ OCOFO
CEEC
0289
~o~C C202
co-CO C ZOO C
C
o
C
o o
C~CC~C CCZOZ rC0 CO3g-t
CC
OCOC C~nt~ CC~.~2 0000 CCNC s-C CC~C ~, caB -~C C3C CZ CC~ ~C -~ C
CC
a~ -~ ~
C
a C
~b.. OCD
N N C r C atOfl
3
C C
4 a 0. 4
0 -O$~
~O~2
aC a 0
Cot
~0
C&CaŽ --
*~C B CEO Cr CC.CC OC o2 N
0-
-E
C~ CC 0
0aC~ 2'~C
09 S owo.-, CAC ~.--r2~-
C-a rCZ~~C~2 C C-~00 C
0 0 0 0
-0
*O C>
C
-
3a OCCOC
3CC~
.5.CCC'
NCCC aO ~ ~ CC0~C
0
3~0-
C"Na
0
2
a'CC <N> rn aC ~*-9 -z C-CC -a a 2C~ %~C
-D
~O
a-C~3E CrC
.2~S 2-oS
0
CCC SCar r CN
<NC a. 0 C,-r ~N> -a
=3
5
C. a a 0 o NC a
0
rCtt-~ C 2OCF, C~ ~3 -C-C CONCOOC r22o NC> ~ C C>.-o> 0 ~ ~ CEBNSeNCOCCC 00CC rCoo ooa.o0>aCC .C C Cc.>g.0 3 ~ 0.C0C 0 C N C ar~03 <NO ~O0CCto > 0-C OC~t _ _ Oart. CroZCC CO E~~50o ~
8
0205
t~g
C a r~C 2 0=0 COt C
C
r
C
t0320
CC Zr CC a ~5C2 __ . C CC
~o~3 ~C N od)~Th
~tAc
0
fl~C 0CC ~CN
CN~ 0
>C; 2
~ 2CC 2
~oo
rC N-Cr a~C C~ ~0o COO C oCo, -~ 3~O C
S
200
202 ~CO~CcCc C OEo~0CCoNC C9 r a C0 ~r ~ t ,t~0CS2~a tC~C 3 ~ 3E$2t -o-" co ~-o 0 2 O>~Ž~aC.3 3CC C-C Co
CONCCZCOONC ~ C2~oCCC.g2C,3aCoCC ZCVNNOCNCCCON2 9 ~CCCOQ
oCCrB
~C3
0. rCN~ O5CC tOC N5NC CO-n ~NE~0' N C 00 C ~ gao
cc
C~ Ca
~ ~ 0 2.20 NON
o~Cr.,22
NNC floOCC 0 C
C
C C
73~2
N=C> 2~CC~ -cCCC9o~ o~>-~
3.20
000 -
C~O
OE.-c~
~ 3 S our -23 ~Ca
o.-~2CO> 9CCN~0 Ca.-09 C~ C~NC 2 NOo, oC~i; FCx~CCcca 0 Cr~0~JOC CCC~N2't C OW~C~'d 3 a,L CCC ~0Vt 30-oC -C-CE CC~C~ ~ 0.-aC bCt.o CCC-n-g 0 2
CC E20~C
osccr. (00Cc-con F-NC0C -
0 0 N"C5~
a 0
ocA =C
~ Or CC -rc,~
00
2~~'Zoo
CCC CC
C~ O~~00CC t§CatCNC~CNC0~
0
NFc~
SCoco
<-So R
a N C
C 2 N N
N 0
no;
CO a
N N
ac 0
a 0
0,r
00 0N
N -
0N
0-c
N
CE
-
0~ 0-
N -
N 0~
'-
-
o~
N
cc,
0 N
N
N
N -
N
0 -
0 N
N
N N
c-c C-c
N
840
~,2C
C o o
000<
CO
I
U
p
or Co
_______
______
Cd C ~ *-Thwc ~-0~fl*~O
Or~-a
00)00
~
0CC~0a0t ant ~LU D, 00=
00 ~Ci~
3
~
t~
oa
r~$ ~
ooot oo~ u3~r
8aL~ .or=O~ -=0
_
~oro ~
Co ~
=0 oot ~ioN LU
o~
artE
OSC
JS=
~~auNo~o~g 0 ~-22
ooCa
--
g~ ~tz~ 00=OL~==O=C0~=
0
~U0 -O 0~0o QCZ(0" a
2~ro
>00~
==~~ ~ a
!AO
-*
o
~
0~00 roog
Co~,
~o
iLO
00 ~tfloL
o~~2
c~XC~o 0 aSŽp US a 0 o~ao~0
C LU C
a a
2 -2
o
Ow ~ ~.0
o~ o-aor
~
COtg C~c ~2w~Tho
~g
ma o~
gOg,
=0(0 ~20a0C0
~ aer
2
-Sr on5)a~
c0~0 oflacooLi C~O0 ~ ~ -O C~
-at -
o
,,5
LU
s~
U 2 LfiC
co,,S~
0 Ca0~ ~ 0 =0=0 -
=~S 0=0
o
c~o ~a00
0 ~0C~ as~=~ a o~a;ojc~0nL
-o -
cooc -=000 COa3 0= 0o~0
ct~!vg
~o~S5 (Un
a 00= On
0~ao
~
-o 0
0
000
CBCS 0=0
coo 0
::::
~ =C=t -0 C
oZr 02 ~, ~ 000
on.LU('
(0 ~ca=CaC ooo ~
~a
0vC~"b =
=n
CU
arn~t~
0CC ¶o~~ -0c~50 ~o~o a ~
0
~(U~ 00 0 U ~
~&g
a
~
AS=
ta a ~ LU 0 0=0 ~ o 00~ OCo 00 v~0= =0
~RCo ~ oo,~ ~ LU Coon
~rt
~0ci, '-&00 LU -
3O2~~28 gflg~~
at 0~o05 0= .. aC0=20 (0> r ~-a 00 0 -0 ' Z~0o~ ~aUfl=0 OO~3O 0 as, LU 'a o
0
-=
50Cc
gnat ~
g~o0~~g U
0~-0 00 ~ 0
eCo,
ot 10 -C>-
o ~9~o 0 C2rt (U 160 ~oao aloc Cgg~ ,aAS~2 ~oo~ LU~fl ;~t0nr
a a
~0 LU ~- no 00
0 o ot" 5=000(000= LU
~
~3
SC~=
~
~o n'o0~=0 -~ Cr~§2
0
C
na-LU .o
o~~od~
LU
~
0 O~00~0O~n ~ ____
~
~g
000 tEnt
~
snorn~oZO OCaC ~gz~22~C taG ~o 0 0 2 a .C-O===~>0t,0 a~V~ LU 0 0 0 ~~Ca Zoo 0-0o<~
0
500LU=>
On
o
0=
0
,00n~~0oo>~00 ~ -
Sr==
____
5~0~~0%
E~8
so~2~~e
aa ~c., tooSOnC-5
S
C)
o 0 LU
a 0 a a (U
a 0
'C
a
C) a a a
(N a
-
0
a S (N
(N 0
N . (0 0
(N
N 0
N (N
(N (N 0
(0 'C
-
=
a
a
aNN
-
(0
0
841
~c
E
E 0
Zr
e
(9
00)
I-
-
0,
*0
0)~
CO
0)C
CZp0)~~0)r~ oo o~o 0 )
0
0 )
rt-~-~~n
0)
~2 E0),~ E
~
~ ~ 0C~JNuC c~giso o
~0)*fl0b0) 0)~0)0)0)$,~
~
00)
0)0)
o ~&'~scov.~
*
'2 -~Sr0) -B)' ~t00rv~
~C ~c0) vo0~Y~S0) Cr -~C 000) a OS 0020 0=0) 0062 _
2
o~ 00,0:
2
t
0so
ZrzjC
0
gO
)
00 O
*
~-c-
~t'
vo)'-..0)t c.o0t0 .0)Ca
~r ts
0
00t0)
o
o ~0)0) O0)~
~
S
~
.
ce'~~~ fl0)~0)~C
2~~v
0)
3 ~g Zro o0 ~0)2
0<
C')
a a 0<
r00)O~ C..-~
C =
at
-~ ~2BO aaa0)0)0=N~0)c~o na-C
0
OSCa
2:
CS
c"'E0)~= 0)o=EB2S~ 0)-0=~~
~0b)'S w~~oY
, 0 -00)
0)Er~r)0)~ a 0 ) ,a0) CnaUC.C0)~Oi~XC 00)
0)coo~ -o 0) -
-
Os0)C. £0)F~9~ -~ __ 0) 000)-U)')' t~a0)C a ~
)'
-o
a
-~
t)'o
*~>2~0)
O0)0)a~ _ wo n~5C
~
-~
)'
0)C0)~ _ _
_ -Ba anao~.~.ra
2 ~S,, ~=C
Z~c-0)r
0
oo ~
n:'~nC= 0)" -~ 0))'C
0)' ~'0)
C
~0 C
C
-Ct--0 nt)
C)')'
00 0
*-c0)t
~ rn~Rog.~2E0)
no-c
a
~CcOo~e ooeC~o o
~0 NOO,,E0)s0)NoC 0CC ~IEC0VZ
0000cC
-
0)~ao0~0)Es0)O
00--~ 000-0) 0) -=0)0
~ 0)-)')' -r 0 ) C C
0~~0) ~ -~ 0)
~ -"
00)0)
-
o-o h~Oc>t
0)~
_
S
so
t9S~S
C 0)00)0)
0..~0o=2C~0)~
2.0)S.-r~
000) C==C)~0)0)0) -)~ C)' ~00 0)00)~,o~0))'
~
~O?~2
tn*=
0
e2b=c0~~
O-O~C )i0)b0)~Ž.~O~2~Zr20 0Sv0oCoc ~0o.~U
0 )
~~*-
ZC0)=
00
0)
-
"A
0)0)
00~-BBO-
Zoo-C 0)00-0000)
0)fl
a
'B
0 )
aE C-n
0
~')'00)
____
-raor
36
C
-
y 0 0 0 0)00)C~ z0) -ro~3o~ev
gn 0
2
~
0~~ '
0 0 )
2 0 )
OEn0)0 C
0
r~~
~
o 4
N 0 0 0
0) 0) 00 9 0
U '~
N
N 0)
0)
' 00
N
On 0) 00 00)
N
N
)O4 C C 00 00
0fl
4
B 0-
'~
0~
-
0)-
0~~
-
0)
0)
00
,-
0)
00
842
2"
1,0 011< Ow s• Ž0 IN0-0 ~
9 E
o
1W-rn>, 002<1,00 5 21 II <0 I
9
II
____
________
VI"
9F-0Ia01,
C
(0
U-
0 I: 0! Co o I. 0 -t Ofl I1tI~ -~ 5,0 WOA COCO1,> ~C 0 0 >1
1 1
II
-~_______
____
-~
________
ID
ID 0 a
Cl o
9
C~W
SI
-_____
tN~
2
"a"
9
o9
~01ra,>,~
0
~
0
I~
f
z~l~
2
.001~
~9
a
5
as~to on9II01~< cI-001cW ID 99-ro 9
0 5
~Ž
E~S~>~9
0a,~2 0 tacOI onCE I~001a >10 *~na a
0
a~
~sscC-O a-c2;~~~
o
O
,-OJ~oo,,019Ea Coon 1.CZ 90 0
So I~ 010
½ID
a~
o o
a
0 1
O9~O0101
C~
o
ga401~a g~ 9 I-WOO ~Sa ts0;~t 5>~c o-U2---In-ID 01 r ~>1I>~
9
0o0
U
W OlOID
u ~ -'>'~0
0
~0
1
E>
0
1~t ">1 0 OW Cob ~ oor~3 01J~g 000 -c
0
0
~-
0
~001
E5
-I-
~
aEo~j~~ 01>100>
~ Cfla9a2 aID0ID-~CaC00 ~ WZ~~
00
00 t~2 ~'0101
a
3
a
acID
>1CSII1,>ICIJ
090 ~1,OI1,
-0
oSo'
~o a
~
00 cc c-n 5o0 01 II 92<9 a=~'~Oy >01 toI->' IDIW<CCO 99I1Ia
ssg Ž9
1 ~
ID
0
0
1
fl>, Ojfl StaI"a 0
9
E>,fln ID9~l01,~W~Cl>IW
0 'I-Ea-COa I-01 =00n WIOCOID ~to-oo9 CO 0C0lIINO<~
fla9S3o
atos 09<*, 1,01SOOa Sortw ~oO9
0100 C01>01ID ar a~ taso
9
01 3S 0~
9go01
0
"a ID01001Ian o nnO 9
0 __ ~ CO
CCC 0 r00a07OC ~1~1,
9~ac
9~< -.-- 0
C
~W1,
-, -D O~I~ 2 Z
~
~½o"
Ž32o
~1,aC~CO W~01~oo> ~CCnO~j 0 1 s,~-~O01
aO2<~a go~9O9I
ID ~>ID 9~C~5501 -. -o 0 InlI~"~t~l1 >10<019W~O _ 12 tIb9t~E COOIDCIW IDIDI.. ocOi>1CWo~ 90ID0190tolooaCS j0>o0I~O~ C II
IDS~a~gSe~~tOo Oc~~~OSOaIDC
I-fl
SoS
O~E;n 0 01~p3 t1,OID1lI0soI~ 9
01 o ~ C
0 1
~ o.,; >~n >-*00
0 ~0O 01,0 oI0 -SC ~r00
~ ~
0 2-
a;.
~1,0
e~~"s~ CI-~9Co
O~CIDOc ,soAo~Z
0
SOID
09 e~ >1, Oa>1otlc >1t<%0100~ 930100190
aOCccOO 9 ~ 0 or 9 0 01 so ~I)5X0~ ID Or-flO~O9
t,>~
OCO CO
1,0101 C
00 a> ~
SCC10fl013I>
-
fiIDOWC0t~C C 2~ ~-C9ID~ 3-a 01 ,OWO'W>1fl tO 9z~3>2Z~EO a 9;oc~~"~ -
C01010 0100 oaO<099~ >fl>1CSOO
_
0 1
c 01 ~ I-
0~
1,c01 Soc
£200 an
3rnCooa--S
901~o
0 1
gtD>1
0
01CO~ S~WJ01I-O
S9o9 -'01~I-
2t 9 ~ t tOnoWfl1bO
9
a&WE~ ror
0~OCID QICOC oca0V
05100
01 a
-C>'~C~C
C
rn~
01>1W C
-
~ ID59O~t£
3
o~I-C >1 IDO 0~01C ~OO1L 0)0I~ IDoc999a£~ID >1 C
...Cl--o.-r 3<-001'02 0SE~~01 01 OOCOIDID ID~0O
0
l0c~EIDI-o=O0
CO 000 oS~ 01r~ 9oo oO~ ID a~W -C
oS<~oot0r ~C~0E9I-<01~>1 ,oOsflIDatIWC IInr-.0o2900
_
9
>
~01'C01~~ ~ ~flooa~In.I >'ot~O 002<I-~ <1, ~ OJ01~ OlIb 00
a
9>9
~01~~an03ID
93,-
~-r~
9
g0~59~,3O93;9zoSp" a 01 >191,oO0IDO~W9lII~~0 01>10I-OIDOID a 1, c~t~2oos>t -~ -1,010 O--OI-a doob
IWIWcO~w 'I a ~~.CCZC 900-sr0 C
~ ~01o0oIu01COo9WItO -
~f~pg-g
ID" o;,~~~'5 001I-9r~I~c1,c o9O>1LI1l~99 OI 3 I2C~IDID >t9~~9~012 £CcW2~Wr11 ~afl ~1, -
I- 0 I<1>10
01 I
000.1 *j1,o~~0oC WI-~W~ oo.oa ol~I~C, ID WCS92 0 a o'~o'o>1 tot~
~o~9
g
0 1 0
IDQWO C
1 9
IDO
09>lI-
C1J
01 Con. rot
3g9
29~o~v~
00 ~EEC~t 020
~ CO~
9
rwJ
_
502
~V~ats~
2
-
2
1,O,,~IDC fo~,01 t~aISn
0
1
C9~~j rooS ~adoo
os.~c V -010'-,o
eC=
0 99r
~ Zj5
a 14 >9 01
o
-
-
0 01
>9
<
o
01 O
01 011
C)
ID ~ 0
3
0
a
2 t
o
C)
In II)
<0 0
0 C)
10 IC)
IC)
In II)
0 II)
0 01)
01) IC)
>9
IIa 01 <1
I01 01
I21 01
0 0 ID 10 IN IC) 01 10 10 IC
843
V
E E 0
T
C
0
-
-
-
-
0
0
0
0
0
0.~. CO t CC
22C VoC C cS~ (00 0C~o C -~ --
-
2
~
CC * C o t~) ~~0 rcoS~>~ -r
-
5Zz
"'0 Z±too
0o~g
,oEo 00CC~ ~
Q.~ ~0 0 ~o0 _ 0
~C0o~ -~ oCnO~ ~D00~0~~ 0000 ~
;g~
-0
~
C
c~
-
~ 00
2~C
22a
E
* o
; t2n
~
00
0
tg~0t~
Covc0 o;cj 5~0 0 DC
00
VZXRCC
no-
CO
0
O0~t0 oC-oC 2 0o
0~ C
f3 C~
0
nt~~
~o0<0 a~Ucc~ 0~r0 0 'a -Ctn~ 00~ jj~ C ~ ozC~O '<Ut, c 0 ~
a a
000
Oqo co~' ~-oa~
E
-2
-
<23r~'t C--coo
0 ~
-
2
-n
so
-~o
--
,0 0 g3
o,-.uo~S0~
o 0 0
~S~noc
~,
~r>.
4
5~E
0
W~
4
0 0
o -0 3or,, nor
-Z
C
Ot 0~~0
-~0 ~o' o~
00 0-
C
C0
o2cc no 00-,
C
noa
23,O on
0 -
C
~ 23~o0 t~S~
Rn
gEo.g trO~'0 dOOO23tLr2C COO
to 23,,~ 00.,
~0tC 0-C r ~ n~s2&~ 00
"E~ t% on~~
0-0
~ ~-o,,, 00a0U 0,-cJC ~ 2~o 00 ~,0C
~ S
nEc;
c2o
ij.t~0 -o~toag
to.-S
C -. d233
o~a
223
~
~
~2~" t=
0 ~
~
_
3
-8
- o,~ ~ no On
--t.-D
i
0.,~ot ~o0O ~g,,aC ~00
oVC~n~½ -oc~n
cm ~
Co
0
CO
'(-~'C~r--"
"'C
0 _ -s~
0-0
tEe
0
fl0O~023 cc23a~<Za0C
~ ~ C~o2or
.0=0 c ~oc o3o noCo.t<0o-zC ~
~b~Sct~o
-
-
a0
.-
cc-~c .ntflt -o ~
0-~-~~ rn "tO-CO eo.-n
V
-e"
0
0
ono
~0 U 2ooOo=Ct s2sto~
Ci .ron
occ~U0C~o~ cflC0Žc~0OCOoc one ~oF-toaannm!ŽCCES C ~0 4 E w 0 0
Oc
~A%~23
C (9 '0
-
(0
4 '0 "
-
_
U
-
-
0
0
0
0
0
0
0
0
0
0
0
4
F
-
-
-
~0
w
844
~•
E a
-m
m
c
(9
0 L 0 0 0 C 0 S 0 '~0
0
0'
Co
>0 o 0 0-
E~
2-a,
~
>0
2
0 oo-o sot 00 0 CC ~-~-ow -~. ~ ~~~gow~S,
2
O~S~
0
0
Z½
0 0.
' >0 000 C ~> c.~ ~. n 0 50
c~ -a -r <>0-0 -C ~ 2 -La ~00 Ca So
0Z Co
~ 0 . wC>.0 O~C~O
oooo.~E~
o>0C o~?
00 . 0>0 C ~ 0
5 0
oEro~C0a~n C >~~t0 0~ 0 05 0CC CC> -~ 0o~ C t~n t~ 00 C~ SOC ~00000 c~C ~0 Cr S ~ o~ o~, OCo -a 00 E.c 0C0C ~Oo ~o0
0 0
g
0
n~~o-2~o 0
-E 0
9
~ ~
Es
0 0
C
0~
4
4
aa
~2b*~0:Ec
En
onoo3 r~C2CoZ2 ,00>0tor o~,
o 2
>062 6>w0~ 0 0>0 000
0~
0~02t0 ~ £~oc -
~ 0>00-
2:~s~oo-C
0
~~----CC 2~<r~
0
2~2~%~a00~o
0 0 ~ 0>0=0oj~Oto
0 0 0
~ nS.~~c3~w,
Ž5~O
Z~6:~c~.w o-" 0>0 0
fl~
C o
z
SC 00 C o.~o~2 COO ooc >0 -
00
owoooX.
-Nw~
6
~ C~~(S0~ 2 2500520OO
to
CC to
>00>0~~~ 000 oS oCOcOC o 000>05 asr.r, ~ E S 00J0 -CZtS5 g~ ~ C.o0or oo
0
--
-
-D
~'-o rcOn ~tr~b> C ~ -oC=00>0 flr0 y~Ct - 0 0 0CCO0-C"~0~6O
00 flo 0>0~ ~ c0
00
0>0 ~0S
C~ .. gCO ~<-~ CS~~ won 0
0
C
~
-0
t
~
0
>0
co 0 Cd:>..
g~
*
>00- ~ 2:0.~v~o~ C
~g
g
>0Ca oO
0 to
0
o~2o;:>0>C
co~coo~SwE3o w~Ro-no
oRo
~
C
-C;I-;v
-
-
0 0 ~ 00~
~
w 0 02>
_ -0or> C=w>0~c0ooc 0o
£2
ONo-
a2
0
ost,;t~
rEO2~C
~a 00
2oC
oXO
-~2
0
~o
c CS .- ~ ~o ow C o~ Cc ~o >5 C
ox-c-
>0
StwrnawoOtC CC Co00
wOC0 COo 0 0CC 00 a
as
0o 3r
~ >2o 0~o>
62
o2t o E~,
2ot
-C o ~ 2~00eSo0 or r0000 CZS0,~0fl9
0
~
~Eo->0
tE Er
~0 000 SEC 'to
C~0o~n-Eo~o 00>0 2C~Th~~ CroJ>CC0
*2S0~0>o
0>00 0rCCfiSE
>0005
6>o
~
x~roo a c-s
OS
5w Q Co
6 2
>o
a 00 0 55 0~ No
~o
~o _ 0TOw oS
~0Sgtr0ErEOr
OCfl-flowE0Sc 0000 Co VCC~OCCr~O~ Ooc.mo.a~arOCo~ 3 Co5t000C2C,3~o 5~r~~0 >CC~gC >2.
o~
tt~os
0~0E>0 ~ oo0~
ttw
>0
t~~2~?
~
0TO~fl
0
5
_ &wo~~C>~o5t00xw
-no r.n~r02>0£2ro E~~~w>0oo COO 0>00 n0-
>0owaoconTOrFCS.,
<>00nOCt-To0o0F~~C _____
o>r~o0t~Z000-rCo0
C
stow
0~ >0 C -
a
0 '0
0
0
0
-
>0
0
0 >0
0 >0
0 >0
0 0
0 0
0 >0
0 >0
0 >0
0 >0
K
F
C -
0-
-
-
-
0 CC
>0 >0
0 N
N
N
0~) N
N
>0 N
0 N
N N
0 N
>0 N
0 C
845
2
0
~tn
~
U
-
-
C
0
0
*m
0
-
Co
C m~~~2Cr~cc Cmat cC¼.S~o 0 ~ -~ -~ di 00) ~di die --di di
'C -
di.,.c,
C di~-~~-i~ dimO
di 0
C
~ ~flC~r cdiO~j*~
CO
05
di
~ o
din .~rc
di'Odi.~
A!g
di
mo Zn or
C
0
ot~
cg~c~ a E o 0nc
~diedi diJmdi W~.C dii~Cdi -0-
C
00:, -
C 22
o-~
~
~
~t6~2
a '
0
tdiC
0di~m dim-
c
0~
0
~ m
di -
C 4 t C
~
~cii~ <C'-'Co
di
g 0 - C.-CaccooComio
0 Co Edi
a
di ~cdi
000 ~tdi -di didi~ mdi ~
-~ didiifl OCt di 4 0i4
mEdi
o
ocodi
~
a
di~
di
~ 0 ~ CCa 0cc-a
nZt
0
di~di
r5di
.di~C0di
n di~fldi
crCC~o~CR rU,~~di~is
di
a. a
Odit
di n
flS Or ~
ci~didir ~ dididi-dididididi SC:,
~
~SrCEt½
0)~~-
~ -i~.~;
C
C
'%
-~ Co di~ ~'0 )
~
tdicmc nCditi ~ omrt
cdi
'~
~
~g tcdi
C~di dim -i di 0)0 2
~• CC
dir
di
di a
''<C
0 )
cC a
~ dim -Cdi
nr
CO
~-C
~
-~
4
di0~
di didi ~.
*.di
di
~Sc'
di
zrC 0)00 ~
-
a~i3di0~~ n, didi mo ~
di CmaX rr.,di Zdididifltdi di n ~il0 '~di~di
Ca 0r
to '-dimdi
Oct
Cgdi -~ di
Cm
.,mcc
__
0
dirdi~mcOordididiC * 0" '<C
C~i>'
di~fl mdii,
~m
C
CCv~C nr~diC
~ emvCdi
0 ~
SC
di
0 di
t"didit ~ c~cC
C
0'-
di di*=O
C
C
U -0~
cdia~> a, r 0
c.m tdiC0c ~cdi~~diCCdic2 c
~
04=
0 ~
0~i=
dig
di
di
di -a
Cdie Ca
~
~ di~C
Ci.
di
C~ ',fl
mdi
*
>n
-di ~diC
-o
-di
~
di ~ cdi
diardidiC ~
~Cj~0dic ~c~ 0 didi~difldi0i~ ano CCC.-
cn-t
<odidi
0 )
di a di'-
b~m
~~ di di -
OCt
C
~
~ tin
di~<C
0
t~ Cc
~
~diC $CiSr
~crJu
dindii.
eddiCcdi Oo-~> die
Etm m~
b
cC=diCcCO rdigC~
~
~
-o
mU
,.. cdi
=Wm=cc min~-=~r~ CrC didizdi Cr0)~ -~C0Cdidi~C~Zdi a.-. ;Vdidi.SZ~di dir
-'0
_
rr Cdi
nUdi0.~Sdidi
~
di>.AŽ~didididi di~di C
n~tcr
~itii 0~ ~di
c-~
~ CCCOihdim
i~diCindidi~5 c~
CCC
rc~
0~di~m di'dic=~ --
Cdii]
EgF
dice '-'--n
o di
C
cc ~ CO t
C~SC~
c~diuiim
Cdiuiii~ diCk'di0 ~ ~Cztt
00a&i-c
Oca
mm~~ZSsdivdididir~t crOdi
Cdi
;n~m'~ dim diC'-'~di'5 ~
C~di~O
diC0diOi~
.~0
di 0 dididiWC~Cn>0dittinC
m-di~r
C diOdi.cc
~CzJ;2Ždi~ r:~iJZ&
~ru~-0<C Ndin di'-~di
m
~EC~= ~c~mm~rOC
2'~oc di
0
0
Cdi
Cg
-
Ct!t~3'
midirCUCSn0Oi~U
-CC c~die~C di
c~
'-diet *='~ ~di0Otn~,gi.
diem
0
die-
~ Qcc tC$Cdi~rdicdi Cdididi -diC dit.dinr
~
_
on-~~ di~m
~ -
-oct)CWNC di~3 di~
0 ~
didi~E
__ di -C __ didii~0Odi Co
Ce
~CUdi~. dij~
inOdidi~
didiCCCa
~cg~gadidi
mdi
_
a
~gC~di0
2
diOodi
clii~~Odit• OcEc
tdi-C=>c Cdi~N~ r0~8rn2~ Ocodi COi'-'-'ttmo ~
crvO)tCOC diOUdidicm~~C -0-0
_ wdiCdi2w}V~ 0 U
0) m di
C:,
tccmicnaomo~m ~-cwrro~~~
-= '-it dim
di~
di
eec rca
s~s~s~diC
eN~JdiC ~rm 0)0) C Co
di<Orc~
= it _ c
~ om2CCcmCC~~C&ThC
a mmm:,n~
0
-
0
di di
di
C dim
_ c
it di
C di
-
-
rn
ii
-
0 di
N 0 di
N 0 in
N N 0 0 di in
I0 ie
N 0 di
-
iin
N di
N di
____
.N e~
di
di di
0
di
it
-
-
-
ii)
-i-di in 0)0)
=di di
iN di
C di di
i0)
0 -
C i-
N i-
ii) -
i-
di -
di -
-
di
0
di
ci
ci
dii
di
C
di
di
0)
846
it
E
E E e
f
.5
6i a8 z0 ' Z
p
. 0O
'
2 j0
-
66
.
.. g
.ý
-c--
8
1iS i
6
tI
6"i;
E2
L
--- -~3
-t
E
--
i
A
Ts w
lto
E
EA =ý
-
03
"toy'
Si -Z' i 'A
aE
5--. . .iC : Fri r . 0 1 -2 2 S'¼ 1~3s at St I
.cfQ
.5 8, -
-to o
t3~c HZM AMA~
,
3
Tv
S
~
ii
oati,, atS
Ca~c
u
st~847
2 E
(3
5
-Ca,'-
o2Era,~~ For
m
'
U
a'
'at
Jr C * 0
*4
-
-o
000 Ca ~'aa,
a a
aa,~a
Sn" 2
-. " O~C t'Uat
3
a
-n
oa a, a, a,'~ca" rCa,
vaa2C a-C-
E o
C9at 'a"J~ Ca, aBa,
tp'oS t3o..2 FC~0 Zaar
CI~a Ca 'a-~~
3 'a 3$
ua, -o
~
oar
£0"
a, -a o'ar32'St ~aaE ~ ~
~'aoaa
'"a ~
-"
a, C
a,
o a,
* S
-~r
~,a, aba, ~aC 0w~, ~sa, JrOa,
c2r
"Ca'~
~aaUa
ca a,
C(~a,-~.a,
a-
a,
a
$~E~
orZo"
C
a,
8
a,
33
Ca -
"og$t3
C> aa, oa'>5r' ~aaSao,
aa,,~a,,
~
cc ~ata
o~
Co.a>~
2
3,3
C
~:
na' r8~ a, aa,
8
F 3 F s-a,
aa
aSJr~. oa,3~Aa
£aO'-an
a a
a, a
a, a,
to
rf~~
C _ _
a
o
-
,3c3n~-
ao
a,-o
a~
2 0
aSoa; a,'a" r~'~'
Ca -~
c-'a~
8
$38a, aaaS
~o
CC~oC caC
-~
z--;~a
r~3a
C
a,
aarS2fl,~S
a,
(Na _ Co
tnaaoa,~E
Ca,
a O~
-
a,-$ a~a ao,, a
t
~
aCOC
¾--o -~
a
-. a One-
ain,,~E c'-2" ~ ~"fl3
CaC~
acYja a a, a-a" Enoo *,,a, a,
wa,3~ *(~a~
a,0ao S~6 aa-
a,
CC~5~3~j a,,a'a~,'a~ -
C
3
at3~
8 Cr,~
a,
Car 'aE ~8~~'3 0
33aC''-
3
t~ab a,
a
"Ca, eCU
a,, Ena
C CCaN2a, 05 C C C 5O~a-at
9~
r,,aro aaa,'(0 $cx 6. ('(Cr, a,~ '-a~~~ 'na,,a an 0 a, a, 0 CCa,~--fl~0a, aaC a,~a,>~-'a'a~,~ naa, aE~3reo=~a,
'aaa,~ CO0?S'a>OZ~ a, a~ar,
>5 a E~ a, or
~33f,3"tflc
~
aa,~CoNo ~~"C"aa, Ca,
8
Va
aa,
o-3,,-F a ,caoEatr C~sa~a
3CoCa'~Caa 20
a
Ca, ~o Ca" Ca, a,
C3~
aCO'~ ~C-a,
Cra,~err3 - ara0~0 ta,&3a,~~C 3oC&Fa
0 C
n~
'at
n-a a, a
-
~ 2aSOaC~a0ra~2t35 aaŽco~ac'an(0agg2V2a,~~C22 3 r3rnCavntra-0
t-9ttn
F Ft
aora aaca, ~a~nja,~
C
2Q
~a, a,
atan~C2ntb
a31ca~~
a,
CatOna,
C -2 "'a Cr,
baCoa,>a2
Z~3F
__
rnO½CCCt~~FCEB(0
a,.~>'-CF~can3t~-a~
£~<(ara~ a,~a~ 00a,8
'a a, a
B
n
C a,
C
~~O33~~3acar a~,,3aa a
8 a, F~
CO aa,~O2
a C
C'aS
a
3aa, a"
ntBa
t"~~"~'a
358
2 C
~a,~a2 C a-
C~ a, ,-oa,
on,-
a
a,
o a,
0
waan
a= Ca
3
Ca,,
za&C
a,
a
-
C a, a,
a,~Ca C
a3 a
C
ca,~
C
5
2
a,
a, -n a,
3
at'tS
u a,flar'C 0aa,
n-a
a,,
0
CO9aO~FCaC(
C)
a
<05=
t~aa,>~flO't=~'a(oana~a, ~
--
anoCa
~
Ea,3arooCCa CC~oaC3WC C >aa'aaa,3'aata"~'a
a, -a, Ba~•gBSr,~a,--C0o ~ Wt~~E$
-
a,
-
-C
Jr >-
-
-
(N (N
-
-
~~aaa,~
-
-
*~
-
(N -
(N a,
(N -
('I
(N (N --
(N
a,
848
~c
E E
C,
Zr
C
C,
000 C~ 0~ 0 00 ""flee 00 0 0 0, 00 o~
LI]
=0 Co .0' 0 00= r00 C 000 roo 0 =2ZrO>C 0 -t 00 0 0 CO so 2~ 0 .0 N =*~ 0L.~ 0=0 Cr C ~ o £0 o~0 0~ o ~ o~= SoP >'C OON 0r~ 0 0 -n 0 0 0 o~ 0 000 C C 0
S
o
tag ---
C
~-~~nnr'-~C
~ 00~c2
000 0 0 0
~ 00'~ CL.. 00 J~o~roZ
00-n
=~ -~ to a~ ~=
0
00
~oL
g2
000 20 Ca
C
0.~ 60
904 ~=~o
~
-
0 0
0
000
~9aZ2~
flC~~0 -~ taorCOb 0 = ON C t0-~-0 C 0000000 =0 -
~o 0
.0
0 0
2
N a a
~.0-
0 0 CCO
99
C 0
,on
n~
br
Sc
_
=
£2oo2Z co0rz0000
nn 0~
~9Eo~
C'
S.
oO0 2~
0
0202=20 .0, 0NOr 2020v0"
*o
0)~.20Sg
g~0N
;~9=~g0 =0
=00.00 ~ ~
r
00S0~ta290~ c 0 roro~9 = 00NC00000 0 C.0OtC~ C o ~ ~ootj= a~,,
bC
2
0-2o~o
~09Z~'-~
o~
r~o2o
"
== 0£ cfi~o.a
-Coo"
=00 =0, =000
-=
00 po o 00-0. 0CC~o .0-=~=0
O
o99
r
o 0 S
=
.0
C 0'-
0 ro
=0 s~9E -flVCo~*~ ~ r2~~c 9
c.r 0 Z.=00 CNCrO COOOL=
r
=
=
0
,
0 Z
a = o-o2 - -o 000.~>~ = rio -ooO=t-b 2C0R~~00tc0o0CC0~ ccE2~0~
5~~-a~2o
0 ~ -oat 0 ~ "9t-~ roro-ot-
~CCC C:, 9.n..'-o£o~ ~
0 -o.-c 0 ~o'~ 'r
~.-CoC
~ ~ ta.3=9z
CC
00.0=0= '-C-.,? ~
F
00 -
WOC-
COO'
2r~'at~Ot~C0O0 OnOooa*~2ta20~Nb ft
~ 0 n
0CCC 0Cn~~C 00CC
0
CC'-
goF
0
taa
i
C -
99o
~o
~
=CrŽ
>'0
0
C w
2CO0000r40 0Ct~CO =00C~~ 4 0 0-0 rh.r00
0
9
~ 00
g
0
flalco o~0oCctOC £ztZ~0os
OC'-O~O~g~,,.0000 0 ~Co
~,o '9V9ota~ a.0CnF C 5CLC Ct-Or a~rU,,a
0
F;0
a
Cr =000~5~9 = 0,-tar g0ZroN~ 0-0=s~, N 0.~o~r
0
-tt~ 2-g9
~9~o~f~.E2g
COO~o On~.0OrC9 r0r~~ Ž~:i~7:
2 n Ii
.~0F00 oS =~oz
t~or
~9=oc troo-0020 9 _
-
£~
~>, C o2~~.~oooo0aogE
0 0
,~Vo' a =C
0 OC 0 0
~n
9
C Ca F~o2ao -n~0 0Th o~oo~rZ __ 00,~Cot 00.0 a a 0 g 6 .0oa9.9 oto. ~a oCo.,
2 ~ 6 ~
.0~"~tca= 0a0C0 ::t~~9 9 o2-ao=0 ~000aN000
CS 0~9=~a OStac Cor-ro
2
a a;O
o.~9o~ JoEEOatoOS
90993 CO
4 o
.0
m 7
7< 0
~•~ C
-' (3 -~ CLI -
C 0 0 C .0
4 C
C
0 016
0.
CC
C~0~C~r~
0.100.
0
C 0)
0)
01 ~
0
0
0
U 4 F C C C C C CIC l~CCC0CC -~ CC
CC
CC
C
C C
C
C CCC
-
C
C
0 O -~
0 -
0 0 C
0 C
0 0000000 0 C 1
0 -C CC
C'
0) I-
0 C
.0
0
0 849
~c
2
0
2
*
02
0
C
o
0
0s
00 a.,
22 a
0 a
0
0
22
a
02 -
a -
Ce CO ~ I 0
0
00
-~
2
a
woo n-n0~ 20 ~
0 ooo
ci
E?-C
C
c~oo-~-oano~ 0 0 o
0
ct-og
g-~
0
02 0020 c~~>~En 0=02 00 r~0 O~ 000
oOO C>'
0
-t
at o~
0
-
0
C 002020
b
o
2
S~~oc~X
o-0~o~oE
E
-ooo
~o2 60
S raE-n ~oj3
-~
0
~oC
o,~o
-n i~ =0-~
~0
0
~&~og~o
C,-o~r~E
0 00o0%i~0o ~-~ccv 0t2~o~0~ o0~g~ -n02~,*,>n ~ ~ 0~
-- 2?-6
o o o O~ 0~oŽ OS '-o~n 00 a * ~e -= o'-220 ~2to 00022 '0-nC 02 0 2*500~
2
020,. -- n
~~zr
Ž0 0 220
0
-f~,E
ttrr.
2
-OoE
0
CC Co Or a o 0 0 02 S a 0 n-o'~~ =2'--
a
oZ~,.
on-> Oao-n not cr4 o~ ~e 02,. cS
0
s-v 22~20 :0 <O~ ZZ~ 000< ~ r.CO 02222 02
a a
F~5
>00 ~2n >' 0002~ 3~6~o 002~0
~ a 02
>ao. in- 00 02 0 0 00-~-~ ovoo-><~ -o~fl2flflL~0 C02'-:u02~ 002~ ten ~CL~C
2c~ "t3
a o
2
0=0 ~ 0 c -
-~
2
~t~ 020;22 * o ,,C02o voro
0
~
c0 C o r~ no, a
crOOn 020,~220n0 0 0 ~ oC0c 0 ycr~o~ C*o oa,0o2~o 02202020220 orsOo.otO 2 00 oC"2c~6 0~t-,o~ 2t~~tt0O00.~ a.>,,
0
Zu~
~ fl-n> ,~o OZv 0 2 02~o~ 000 n
0
82'~
000 o~n ~ t-n v~ 0200 0 0 o~ 0 ~~ 0 022 ~ ~ot,~02m0 ,
C
2 cS
0 2
O~%" 0
2
~00 o~r 0w'~~ ~ rOc0o 025o04 000
a 02 0
~ or,,o 0000,02202 ~t~r;;~0 o 2 .,o Co 0
~c 0 ~
ye COO Otn Ž~0
c-v :~- CrC -~ no,' 02'-' tool a. 0
~I~oomE
C nC'
0
030
O-cE'So
o0~,.N0 0~0)02o,~~3S
-
.0
nO.02~2200 -- V rs
Sooo~'"
220i~~'~22n02cco;0o,.o~
'-3
02 S~n~2->'; 'o o a n
on. '-"o-22
0
S
o~~2~3t~2n
cs
roo
-5=
.'-
J Can-~E 0-0
020 to3
C~
u~ootE
-0
0
~ '-0020
r"2o2
,
5
E~~o
0
~~nn
oct 020 22022 -V225~~O~~C 0 0 ot-V-n~ Sooc
0
022~;n
o02ro~oS~ 020C'-O o 22
C,' 2~to~ oC CCO o2
oaoo'.~Sn
LOOm >o-D
0"
Coo
aS
o-'rot 0 =00 22COC~0r02 roo o~t~Co
~
vc~.noonin~o~022.
~
02
-fl-n~5~
0VbOi;0
o~r>~ovw.~onEo0,otCC02222n a ~rogfl~00o -0 n . 00020 OOOF-,-Sn COO O=;co~
0202~otL r~022202o0-nnSt0-n r 6~S02'E'-,to't~226-O 00022222 ,~r;nn0~u~o0 22
3205n"-o
ooSo OoSorjoo CO
02&'0022
0•5 22'
0 fl
Li
Li
-0
<C 0
-0 0
-
-0'i 02
< ~o
0
02 --
0-
22
S a,
00 oOin 0
02 0
0 0 0
N 0 0
0 0 0
no N
-
0 o N
N o 2'-,
0 N N
N
-<
E
000
002002
-
-
-
-
2~
-
*-
00 N 00 02
0 0 0
00 0 -
0 0
02 0
0 0 0~
0 0 -
0 0 0
0 0 0
20 0 *-
N in -
02 20 0
0 0 0
850
~•
E E a
o
St
S
I
(2
Ba
ci
-
g
_________
-
-
0.~
== ~0
'I
V S o 5ac2 SaSa-C a S a S C S a -S a ~o 003 0
2 ~
0
S a~ a
0
2
a S a ~
2 5 0
2
55 2
S S a
cOC a~Sfl 2 S52>S n .02a0
OSs
~
-
=
SO-fl C, a v0s
a
OCIaWa tig CSS~S~ v~t9-S S-5aW Saao
2
0 C)
*
.~a-fla
nrasa
0
5
~
0
g~
Fo
S~5a0½
-
5a0 Sn
52 -o
g5-~
SaU~U
2~a a.8 ~ 0-0 0~
.JVOID
Q
~
-~
r~E
0~
~a'" .,C -s
S~O
I!
a n 2
a a 4
2
C-sa -
~
-!
0 ~a a tflW~C >0 Wftnao
~0
5
co~.~a s8
55C
ES'.CC 2 ~
2
fi *
sc.-o=ta
F
~00
a o "s~o Ec
~28 ~
5
2r
$t~ Sfl
tOa
ocn-~.
acaa S
*-2o'
295000 -rflC
;:
=
28~,~9
WiI~iiP1!
2~~aVa,~na
SC 50-~o~
ano~,~5
n2C ~--
o28ot~~S~a32 aE~E * -~u-
WVC
S
ati
0a 5 a 00 0 55 a
2Z~g~32
~~ES Er
552 OU~o~ 20 S
5
2%
o oo
0
~
a
~
2
F
E 2~
~
050
~e2 ~
~SS nra
m~ij !'~ ~Wi t=ora. 'So o~ U a~,.rasCCE2 0UflScVE~;~
_
a
S
_
~
-
0
~
s~
~og
-
~o
a.oU>SS 2 SUe-
E~3a~'
o,0a~ 58
~
wt~UoiWiac a-LOS 02 5 ~a5~S
~C
~29~s52~
~SX~~2~S
2
s!~n2a~r
~
t
oo.
8
=2~222
0
~
2
~
t~ow ot~aF9
ci
m~S~ooS0C0
~2~2 E~~j 3~"LU29 SntSOnc~~~zo~80i?0nS
~ oc~822~oSScfl,
C
8
SagbUg~oc ~0,aDV0CS ~E~so~t~ 3a,
Uba~o asa a
~
NC
nEaa
W~n OCrOC
0
~
n.e>SSACJSS o~g
OSI0SOO~il~t ~S C a 0 a
gcg >~Ž~2usS3
a0~s OSSNO COOa2WVS wziThDOore=5C020 rca
~ 5250 cia,~~aaOSV.s 'ta s&r9tCoa&0 *taSc=oaa r22.sra Cc-.osa
c~a2~~S W<SrVaS
25Ur
0
2~2~~2U
0 5
>~S
Ec a
V a
=
F~ SC2cr~Z3E~Ewt
~aa VS cc532)0
OawaSSS 5~~ort a-00
2
SaW
at2
~SSaS
0W
con Eaa~S
fl=~SS3
r.~5sCaarF92
SW afl8(UWW a -
s~2P~gc.~
~
~,~ci2= aUoaOOc vbo02~VCaflrWn
EaER~
ZEi
~
~
sr%2XcE~ca
o
* V
a S -
S a-
2
-
N
0 S
a-
a
C
2 0-
5
aa
0 aa ,a-
4 F
a.3 -
a a0 a
aaN 20) a-
a
aa
aa-
aa 0 -
00 -
aa0 a-
a-
-
aa-
aa -
0 a-
0 a
0 -
a, 0 a-
a a
851
Y
E E
U
)4,
(9
.4
0
-em
"'.4
o
0
og ., -
S -
00 .4 -
0 4,
.4 .4
-
0.~ Co 4, 4, .4 .4 0240 ~mmr .40
o
.42 ~,c
~fl .4.4 .40000
0
C 4,
'-~
.4 0 0
3 e
C .4
~~04
to
~ ~ ;g~~n .404.4 - ton.4-,~~ 0 -
0
.4
a, -
2? 4, ~t~e~,Ac
4, n-
r .4-
.4
C
.4
~043 ~4U 9.0 ~ ~
2-oa
.4t4,~
.4
0.4
0 ~
z 04
O00~
U
o
.4;
g
a, 0 .40 0.4 00 .4 .4 .4 .4 .4
3
S
004040.4,04.4.404
~3 ~ a, 4, S .4 <5 O~nm.4fl~
0
2 'm
b ~
2 .4.4.4002 .42
040,4, 0 4-0.4 ~.4.4
mO 4- .4 00-
o~t ~.4.4.4
t2.4
~CC-4__ ~02'$
C
40
oS
.404
~g%-E
ob~
0
go ~,,-3
0'"~ 0-C ~
20
~; .4.4
v -
.40.4.4 ~
S
52
0.4 .4.4.4
cm .4 300 ~.4 0 .4
~
2.4~t2
.4.4'0 104.4 ~4,.4tt tm~~ oc3~C .4X4, 0
4 -
?!nr~
-~4,0
2
4, 0~.4 .4 0.4 .4 om
0.40 ,,
'~ ~o
ssc~
04
S
.4.4
a a
~C CCOm nov; anOn .40.4.4 .40;0.4-4,
~ 4
i
~.4 2~2 C 0 0~C' 07o.COc 0 ~ 0 .4 Is.~0 0
0
.404,0 4,0
a
~ .4
~-t .440
~
3 ~~2C2-0
0
.4C.~0cr.4 m.4OoO
ma £" 4, .4
, 0 *~3"s
5
se
5~0
Os 0
0.40
.4c~F~o 0'
o
04 0 .449 .44 4o.4
0.40il~o-
r~
flC.4~
C
0.4
CC -= 0: -
C3~fl
~4-
0
3no ~oa, .4<
.40
~0v ~
.4C
0
Oflot .40.4,
00 .4-.-,,4:04 mc~~,o cOr0~
4,
Ca04~o(N (~ -
~
4
g~'4-4-0
.4~0.4
C>
.4.4..~
o3~g0~m'' .40" 00 =0
..
0 ~0 C .4
40
~.42
2
4,
~,r16~
0-
go
Z
~C.4 5<0 .4.444.4 "C"
~4--2
.44~C0 ~ 4,04.40.4 a0~ 4,50ro~m ~ .4'4-0E 00<
.4
~2~~So*~
~
4,4, ~O5 C~
~4C 4-~j.4 .40~O0 .4 0~ 0.4004,
4.4~
~-~~XXjO .4.4
.4
0
5 9
~
00 0 .4-'-gz.4 5
0
~
.4 m
0000
49
.4.4C 4,4,
.43.400C.~~C ~' 2~s.--~'.-' ~~r3'~' ~4,~334<30 cfl.4S.4C~~
m.4a,.4~ 000.4 o,,
-
2
.4
4, 4, Vc0~NJ~-~
4-
'42F
.4.4>4,4 50n4~
3~.4,
3o .4 04,4o4-
~&Z4-2C5
0 0 0C~4O 0-204 ~"mt ~m2 4-"~~
S
~000 -
0-
0Ž
.4 .4
4,
.4.40.44,0 4,00 0400 .4r'-c.4~--oOcW~ .4-0-4,4-4-00 00~~400.4.4~4:49 flO-
~
.4 0
~4UC.40 .4
0~ "'~~•
~o2~
.400C~4-
024,2 .40,4,
20.40 4-nO
.4.40000.4
4, 0 04 0
~
~
2.4
0t.4*E
.40.4 04
04.4.400
9.044o.
~3'.40.4 .4za.4'~ 04'
4,~3~
2~03
~
zZ0.4~t~to
04o04o0,
22.4
am o.4
0 0 4 ,
.42.402
044-04~(~B.4.454,.40
220
5
-
-. •a,,E-m'.4
~m.4r0to4t~Ž3~
~
-. 404O4o4-9~
0~0.4 .4.4~.4a.4m9.4
0
00
0
s.4
4
m.?tooc tg~.49 ,
.4
0 0 ~
~
".4.4 04~44400
g~~~-S~0 ~b.40239.o
mtO4fl~0.4 04.4n~.4 4-3ob~2&2 .oScSO9so, 10-
-
.4404-fl ,-~3o.4 ocr2~~owS~.4 S~.4~go5.4g 04000.40
r.4=Cnc5~O.40
2
4
, ~
~ 4( 044,0a0~
0.4.4004-04-4-
~2 ~
3
;~
4, ~
0.40
~ ~0.4 4-0.4 0
494,0.440 0 4
Fw0
04-
E0.4o~
~ .40<000--~-
2mm~t~~~.4O00004,o4D.4
ooco
.44,2.44-044-04.4 ~E 0040 4, ~3~5S$00O ~Es
.4 .4~C4O~Ž ~ .4aEc0,-0o0~~.4.440 ~oom<2co .400-0< 00.4.4
-
~g~O0J n0-0v~ 0 -02
0 -
0294.4 4400 00
So _____ _____
0~Z4,4,04W 4, 9• 4 (N 0 04 -~ (N -0 9• 00 -~ .4 0
aS 00 0
_
0)
.4 .4' 0)
00 0
4-4'44-4-4~(N 0~~~-40
00
-
00 -
444 0
00
40 0
o 40 .4 <0 .-
44~ 4-4-4-404-40 ,--4-,---4-
.4
.4 00 4~ 1~ 4-
40 44-
40 4.444-
4-4-4-~4(N(N(N(N04 .4 4444-
4~ 4-
40 (N 4-
01 (N 4~ 4-
04 4-
44-
4-~4-4-404-4-4-~~
4-4444-4-
0~
4-
___
-
__
_
852
F F
C
5-
-
C
I
(5
Li-
Cu Co
0
0
0
-
0
-- c--Co
2~"00 .- C-~~ 0 flu aFO2S o~ ~~Oa
Cr
0
a
Lii-~
2 E
o 's's 's's 00 0
0
S C 0
-~0 Lu's 's~
C-fl
-
cec
2
-
2
ES0 t-~~0~ 0 ~ ~
~0
~
St 2aa--~~0
5
Lt -
0 a
SC
S~o~5 ~' ~"O 8
'sC5z~-
C S's
0
g -- ~
0 Sf
S
2
5
0Cm
1!
C
S
F
~g'~ 0 tr~
~
5
SC
~
F's"
zE >,mo5c ~Et-CC~ ~fSi-o0 ~goca ie~ ~ "-'s C5. 0 C OS
Ooo
0
c
r"'s '~E o~a
a'~?~' OF
10'sE
F~SN.vS7~JO's~Oin*t~'s
5 0
~8m
>'E
u-" so's "'S _
CLit
-'so a C
a
E~'s
~
0>-to tstsc
ii
n's'so E2tmiS
F -
a iot~C's 0 C-
-
omn"2o~5 FS5~o-& F ~i--'s->-~; "t's's a
~3
1
i-~~~'s a~'s0UC>c-~
'~"" ~-'s
0
~8 S
a
o
-
~
emFC~t~~~g
8~2~,2
o.&"~
~
i-go
5
~
0~C0~c
aE'sai:~
%,ZC
~m2oo,"~mZ ~o'sSS~S -C SLCC's
w28
~''s Lu,,a on
0cL~
F~
-
S's
~S S-fl
2~&~
C" 00p5
EOC2t
r 2 0 -i-
o0O~'sfl'so ,~ "'s~*~""'~'s
5L~ ,.s20~
~0 ~ ~
S~3a SCL22' ~E 05555-a~0 E'so2
002 m's -OS 0o~
00 ow
:2U
2
-~
:h~
's0O~~ '%4ro Li oR fl0
-
0~'s~~S's CC~. iu's ~ ~
3S~
-So ~n' -, t~o ~urE ;so
s~o
r-~ ~oN2~vC2t
'sCum ~ oSCiu-Z
rst•F2~ gm~-~8~
0
8
ot2 io~
OCOw's
Co
F's
-
~E~g~5nCB
S's ae~~.u
8O-~F
-
~20's2.5L(O~O
Z
~
-oE~C
2~EI~
5
0
~Lu~SL'sroCLu'ut
cflt's2
5
~CUC0
~tsso
0
.~
0
~fln~S0~
~a2's
~gtg~~"fl2~
Li C~ Sn 05
3
~
2500n5> 0oaC~'s~ 0s202mui OOSCO <SO~-5CLu
~~s'so0~
's
0
xY6,~208~
~ S's 200 0 '-~ tLuta~C-OO-C -~ o 0...'s~ 'soo~~~>>>~
8 ~
~ tC
OC~~
t's"'"
'sS F
Lu
2
O
FOCOV 0 oo's3~-a C0 -Sti-'so waSC's2 o2~'~SE"'sc's"
e's
Con
-'-~~ ws,,C~iCSwWSC -
p~o..
's.,
'sR
'-'si-500 CcCo,-a 0's c's i-00 'sLu'sc0,s
-z~
~r
V0COCS0~RLiC0RLLZ O asC _ ~S~c~ Lu O00LuLuLi~~ n i5 5 5 %~ts~uo i-ROCCC~~~L~ ~~-i-
~
0 ~ ~ 's~2 's~~'s S S~'s 8
s~ ~'sSS-CLu £EE>0z~~co o-C ~CmO's"
iLLN
-g
-0
a03 ___ aowfloos
's~-CNZ2
rmsooao
~ 2 ,R-m's;t~ goz~ 8">" I0 Lii
CC0~CJ~U~O"0V0OC0VC20Lu5~C rs~S'sLu~: t 0's E O flScSo~i~SzsS C~6COa0~C20CLiR~
's's~-,. 5 moo Sr C 'sS's Co-s ss~c½osuo~~ Fu~'sbLi~.~OcLi
~
CE
L's OCtoC~r0~tC8's2:C ~C~'s~-.ZyCR 0055CC
-F--EOF-OOOLIJOO
~Ž
C)
's n U, ~ C
Ci
in Lu
t Lu
CC n 0
0
in -
'0 '-
">t
(0 Li-
0 --
'0 -
0 ,-
(0 0 -
0 -
N -
Li -
0 N 0
Lii -
N N N -
in 04 Lii -
4
Li-
-
Li~
~
Li-
~-
Li-
0
-
-
0
-
'C
in 0
-Li 0
0 0
0
Li-
0
0 0 ______
0 0 N
0 N
Li~ 0 in
-) 0 (N
-5 0 Lii
0
853
o (-2
C C
C
Ye
C
*'2
-
C
(9
It
0
P
IL]
0
0 -
II-.
0
C -
0
=0 Co
'I
0 ~e 32~a
rt
>
2
_
op
e~
C
Cc oc ~ ~a an
0
cS
C -~
~
2C3 C
.- c
bc>,.eee=C"
2->
-
C
>-E
*
~,t' =5 ~zC c~&8
E~
CQ
cc
tSa. o o CC CCC
COE tsev
fliC=
or
20 eS 53c
5-2CC CCO~ -CCC. CCt Oit0
XC -
8.S'e'--.C e2.g c.20 ~C
~Ž~g
0 Vrr~~ioer ~OCCC C
c-P
~
(-2rLP e~
a;~
r~
aCt
C
2C2002N ~.-CCC.5N ii CC Ce
2
LU a
0
C CCCCCC>CW ; 3 - C~; ~>CS~ V0CC OC~ C C -C C CVC( 0~C-C1 C 0.-Li ~O CC~ nC.SC
2
0
2~j~
2
cC
~
02052
-
-
CC~ e2Ct .C
U.->
CC~~n.0CC~~C - ~ C~c S ce C tC~ flO~a OCC ~ C C*X.0 O~ C C~-CCC~--O CaC CC~-C..e
0
"C C~
C~5
S
C .. CCC aC~ =CoC C..50 zeta Cfl ee~C WOo,. *-CC~> O-n~z C
-a.. 0 Ca Se~0 >-'e 2
eaaC.
C
'C
0J
C
C
CC _ CC
0CC-~C .. Cr~ oet'2R~ C~TLC=CO
CC~~ c C~ *~C 0 CC"C> ~o SC 02 3,. Ci-C JtC~
o
~ COILOC "Ce ~es CCC-.~ aroi, >CCLCa
5
CC
2
CC -=
as
OLD
v-a
b~
~
.
0
g~C~
Or C~ C
0CC ~CC CCi~C t C ea ~ -FCS
EU ece2 CC -~r ~C.0CO~CerC .Ca 025cc.-flCflj~~L~ =CO-=C 00 ~*~C2
CCt-C Co->,C~C CCC CCflC>iCL.Li~OCCC0 tr~ae 5-C~iaJC.~~~ 0Th~CCCC
a-
g
oo-fit~
~ CO
-5-C2C
p
tT~;
CL-CC _ C ~ Oin'-
->LCC C.- IC~ -C C->.2 ;ZC SC-> 2~e ~ 0 e , C
'6> FC~ F
C.
a a
~;
r~" C ~ ~-.. ~LDC CCC CO~ ucEm 25 CAn CC
~
~~-C 0 ~
C~-C
C C C
~cS.c!rn ~goCC~~ CCS U ebZ~
5
OC~O -
RZ20~
0
CL>e
a~cb
C-C-&
~.
C 2 iCCCNCL-CtaC2 2 earo~ o-CnCw~L--~ -C -- ->~ OICCeCS ~~CE
~s- 2
C~j~~fl~L-n ~ ~-k;~ aonr~o2 ~>C<-~~ CJC=0O5 ~VCEC erfi r5~at~16o 5~t~CvZ p 0CC C-C-C C-C
S
0
C
CCC -~,C5-> COO-n Ito C0C=
0
cC"2
eCc
0262 -C C Z~~CC00CC
aC~,Cfl,~C3
O~CNLU C4~
Z
C ~C rgteŽe Ct 5tn
2
ZoE~
2
CCCNCO ;2~~2g2'GE pC
0
0 =0 0C~'~tC>C og~ & a~ C2O->C 2 2 CCOL-~5 -0CC
-o
v~not
-C CCC SC
CC-- ~CtECt0-~C CCOo.-a a~~'--Pe>-C
2
CooCt ~fl
..e.-E~C~
CCcw~22~~~ .-.-
fl
-C C Co
C i,~
CO
aC~=~r= C C.-nC
WOO CCa CECCCŽ~ 00CC
_ C-C
_ C
2
-~
5
2~aeC-C.CeC
~.-'dCtC cC ~~Cg~22SCC ~C2~CaC-~OCtoZr ~5C C C CCC
2
FL~C
CCXC2 0 0 COOC C~C&CeCc.C
C re*>C
C
e~~t r.0 ~ C C C
5 2
CŽ;~g~28ii2fO..b.0 2oE ~CW
-C
C~~>
e522
0 0 C a ~Ce *~LCC C~!o
gC02OCSOE
CC~CCIt.0L>It2 (ICC O g22tCvCSOo~~Cim CC2~Ct> L.D.0C
0 0
~o
0
o5C~
C
CL-nOr UCCCLC CO C-ff~flCCOC
C
C
2
C _
Ce
0
2
ec
C
0
CCC
a,.i.e5o2~CC
LC;-nLoC.-5 C C __
,
2
C ~ C,5CC
C orxC~Žt~
CCCL-ECO Ci
C~C'L~~CC
-r0 ~.~CCi a
(3
C
in a
0
.0
0
C -
Li
-
-
3-
it C
-
0 C 0, i-
-n i~CC
in
C
C C~i-
Oi ONO
0
N -
in C
0 in -
C C in C
C in C
LU 0 in C
N in C
Ci i-i -
-S
S
-
C CCC
-
C Ci~C
-
C
C
C
C
C -
C C
C C
C C
C C
C
"in
(0 0 N
N 0 N~N
02 C
0
C NON
-
in C
in N
C N
C N
0 C
N C
C C >2
Ci C N
in N
854
<
E
C)
E
0 o
~0: n5oo,.~
'0
0
S
2
0
a )0)fO) S~ 3
c
-~
oo
>0>00
So a
0~~0 co
ocs3 '~~0~= o 00) -*a0)x'0 ~ OZ
0
50)~a-0 0 0) -0000r Vn=0'c 85>0> -
a
-
~t 0>
0
o0C ~
~>.o.fl0 0)00=
n~>§< -00CC. 0)0)00~~ ~0c00r~0
Br
~0c~> C c5>. ,0
0)-0
con
~nBroo~~.0)c-~S,
~v
b'000)
0 0~
~ a
og~>~OZ n-am... 2
E>>~C
5>.
00 tota..~ 00co0S3 0)
o
a>~ a
0)'0,0>00B~c.8
*~oo~
s~
(0)4ci
a00=50)t(3
tt
0)000 ~
0) -
0)0)0¶~
a.~EtSa 0)0~0)0)0) n"A>"50)
<
-von
O-00C~ 00) 0)0) ~
~A~70)
ES
>0)0 -. 5
~o n0)0)t
C >0)
0.
~
5 ~
e$e
~
00>> 0)50)00 *.~.0 S~00 ''0)>
8
0
000)
2
-
Nc5
n~
cg,
00) a&~c& 0000~0) -00)
Sr
L0)
-v
V
~ ;~ 0)>S~0)0)0)
0)~
a
o0)C~30)~E
ao,~ ">
~
oj~=~
n~&
~n"
0,-
-- va>
-ro 8''
C 00).-
a
F C ro
0a0)ca0)S~C5
~a~5t0) fl0)*>~a00
0000>8E00
00oocr
acc>o
£000)
af~F
=>0*0)o
:~:
0)*0*
'~5
c-.
SF 0)
~2~8
-~ 0)>
0
~
00)00 0.00)
,~roct,
-no.
o00
0
0 )
tfl~aw
2<8 0>5 0) 0-J>>0)a0)~~ ~>0 to C EwŽC~3 0000 00 Woo
8 ~
,o~3s' 0
"'o~
2 ~
-n~5 '2'FCS c-c 8ra~c o..,o~o 2 b ' S~~ 0 "'00)r
c0)5?St~t 0)000az0)0a 0)0>> ~~0)Cfl 00)~~ tch>~'o~'c rŽo~>0cr000)r 0)0) 0 o0a ~~2t 00 - -. 0flS~3'S Sc-no000n 0) 00~000) -~0)r -
a''-
oc0)~0) 0wor0)-a
b ~ftt ~ 0)00 oc~ an>co 0--v ~ 0)c0.SScO n~ -o 'r>.-* -. ~n~00 b'2'cZ0) Ea ot2~r ) 0)0 a)0-v ~'0'0) o~co. 0.....0os>cc.sctr xo0)o.on~
Wa0)0)
000) F-ox
-to--c coo.>.o> a -o auto - 0)00 a
- ~ 0)~cr ~>~8-8C~C0 0 ~ '0) >B> a. cn~.-.0 ) -o 00 C c~~a 0)50-0) '~ ~cv ~g~>>.oŽflc= 0 0 0)0 En CS ~S00)br 00-s 00 ~z~rF2~'t ac8>. 'E a 0 ES I ~
~s;~t~>~& S, 6 tto:0)8o~r ~500tto250)c~c.-.,~r.g -~ 2 000) >,00o>r~ ~o-..>-"> ~ '" ~0)~~0)o ,a, *~ 0 0 t 4 <8O ot20)8~22t ~ 0)>~~ 2on'~',> 0)0)5 t~a'.>.-'-ES 0)00 "~> CQ0- >o~~ *-~~= 0) ~'n fl'.0) C0) ijoo~0)0 ~s2r~0)n~ttn 0) 0 EVaSk-..o<oao0,0-zc~o,,,zzoss
0c00)nn0,~ ~z~S~aF £0) ~-~0)
0 0 ~
0 ) ~
0)0)a
Ž025
h.o C
0-)
0)
-
dv "0
0) 0)
00 -~ 0 0)
c
0 0)
00 00 00 .-
00 ,-
0 00) 000 0a
±0 00 00) a-
00 00) .-
00 00 '0) 0~
0) 0) 0000 0000 0-
00 00) -
ON 00) a
00 00 00 0~
00) 00 a
>.-
0
4
5 00 00)
a 'a 00 00
.a 00 00 00
a
.a
a fl 00 00
a 00 00 00
.a 000 00 00
0-a 0-a 0)00 0000 0000
0~ a 0 00 00
00) 00
a 00 00 00
0~ 00 00) 00
a 00 00 00
a 00 000 00
00) 000) 00 00 ON
855
0
--
-
-
-
-
0 C,
E E
0 C,
C C,
m
0 0
0
-
I, C)
C -
0 C 0
0
CD
IL
0 0
C
0 0) C)
E
~
uJ
. Er
C
0 -
0
00
tI n
00 C
E
C-)
C)
$5
S
1=
*
-
rOnj r C)----N
'3 o
0E
I00-0 t0
a a
0 ~
0
0
0E
ca
~i
o~ .o~
Cr.-
~6a~
0 Z
-
0) ~ 0 4~ L~ 0) '~ ~ 0 C r C) C C) OiL 00.-Cu Thc 0 0
>-
o C
F
~
2
S
U tO
C~)
C 0 t3 0) 0 2 £0 C 0 0
C,
-
0)
-
0)
C)
_
to
-
cnn
~
N N N N N N N N N N N N N CO N (0
856
E1E
0
Ui
CI
f
EE
K
tZrt
isi A1
4
001ýj
Sn
0
0
0)
-
-
K "6 0~( t
7
0m
V~I
.7.O
_o2~-
-
g0
0__
E
730.-
7E!7Ea7 7
_.-&)~ 0
-
0
0
fc77
T~gFn
m
U*
.
S
~
c~O-~.E 5.7~Zt-~
mj
cX~~F~8E57
0 s• 0
E S
0
or
0
0
~ 22
o 0 0
_____ , C-
Li -D
Eu,
C
I' C
0
o
Li-
0
>1
(-4
0
1*,
0 00
I.
C
F
Lii
'-~
vs C =
C __ -
00
~ot C 0 0
_
0 0
0) ~-D~ or 00 -n C*~
~-
k
~
90
0
~ ~ 0' -
*2E~
n'D0 >Ao)c 0 C
0
C 00-D t0)~'~~~CC 0 nw~
o
I.
V-E
Ct
0
tr ' 00 Li> Li~
a
a.
~
~iEo40ti)D
z
0 ~ 0
~Ec
.2 E
C
~
<-~
too,
-n-~i
tg~
-
C.0~O
'Co
S
n~oo
Cm
~V50COO -nC~~
~o
00
fl
2
00 ~g~sc -OoOna
-~
C
0
0 ~ ~ 0~ ---~tnLi 0.-010flo0 = 0,LiC ~C0 2 0 0
:udJ~J~ ~ !
0
0
0O2~~t
-a fl C
_ -
5?
0
~
_ _
E-E- 0
~
0
~ 00 ~
0
r mg -.-- o
_ _
-~
2z
"-'to, Eoo
~co~io, 0g0)2~g ~O~0
~tU _ oc
~
?L~s
_ C~.o
I:
~0 Ci, ~C OW
2
(0
~, -a0 C00~ gOCZ-o.0) 0 0-0) nCt~Or
I
'B
£
Fe.~2 n*~Li E'o-2n0
0 0 '.~'oo
a
> ~
-~
2
-
-
0 ,~00t
C
~C .-n~tr--D *
-
Dac
~
~
2CE~
Li2oo~vc 00-
0 0 -0 0fl.~ -t~r~I--t'-~ 0 ~ 0 ~ 0 4 i,~~o, 0 p,~o0C-oOo~o,~
atETh' ~o
9
a 0
-~
Ot
o
-
.~~g 0
~0 ~
-oLO
i
0 0 10
0(05
CnCC'50
0040)
*>iVWO
0X0C
5 ~ CECC$00 a(o. o~C0)CW Li- 0fl~ Li
0) (V
U
10 0
(0
C
CU
S
-0
~
0 a,
0 (0
'0 (0
0
0
0 ~
0 0 0 C') 10 0') 0) 0 (N
0)
I',
858
doc_281198523.pdf
Bankruptcy is not the only legal status that an insolvent person or other entity may have, and the term bankruptcy is therefore not a synonym for insolvency.
ADVISORY COMMITTEE ON BANKRUPTCY RULES REPORT TO STANDING COMMITTEE MAY 14, 2008 TABLE OF CONTENTS I I[. Introduction ....................... Action Items A. Proposed Amendments to Bankruptcy Rules 9006, 1007, 1011, 1019, 1020, 2002, 2003, 2006, 2007, 2007.2, 2008, 2015, 2015 1, 2015.2, 2015.3, 2016, 3001, 3015, 3017, 3019, 3020, 4001, 4002, 4004, 6003, 6004, 6006, 6007, 7004, 7012, 8001, 8002, 8003, 8006, 8009, 8015, 8017, 9006, 9027, and 9033 Submitted for Final Approval by the Standing Committee and Submission to the Judicial Conference to Implement the Time-Computation Project ...... ...... ............ .............. 3 I.
2 3 Public Comment ..... ........... ..... ................. Synopsis of ProposedAmendments to Implement the Time-Computation Project............................... Text of ProposedBankruptcy Rules Amendments to Implement the Time-Computation Project.................... Rule 9 0 0 6(a) ......... ............................ 3 4 5 6
............................
Public Comment on Proposed Amendments to Rule 9 006(a) ....
17
Rule 1007 ... ..... .......... ................ 25 Rule 1011...................................... 29 Rule 1019 .. ...................................... ... 31 Rule 1020.. .................................... 33 Rule 2002 ......................... ......................... .... . ... 34 Rule 2003 ................ ........................ 36 R ule 2006 .................... .................. .. ... 39... 4 Rule 2007 ............. ............................ Rule 2007 2................... ......... .......................... .. Rule 2008..... . ......... ..................... Rule 2015 .......... ............................. Rule 2015 1 ..................................... Rule 2015 2........... .................... ....
40 42 43
44
Rule 2015 3...........
.....
Rule 2016 . ............ ........................... 5 Rule 3001 ............... Rule 3017 . ...................................... ......... ............... 53l .. . Rule 30019............................................603 3015 ........................ .. . .................. Rule 3012 ..................... . 58 Rule 3019 .. ............. . . 60 Rule
...............................
46 48 49
3020......................................
. . ...
Rule 4001 .. ......
61
677
R ule 4002 ... . .... ......................
...............
.....
64 66
Rule 4004......................................
Rule 6003......................................
Rule 6004. . ...................................... Rule 6006 ...................................... Rule 6007 ............. ....................... Rule 7004 ........ ............................ Rule 7012 ........... .. . ......... ....................... ..... Rule 8001 ....................... ................... R ule 8002 ............................................................... .
67 8. 8 71
1 3
4. 4
75 78
Public Comment on Proposed Amendment to Rule 8002 ...........
80
93 95 97 98 99
Rule 8003 ...................................... Rule 8006 ...................................... R ule 8009 ......................................................... ............ R ule 8015 . ..................... ............................................ Rule 8017 ...................................... Rule 9006 ...................................... R ule 902 7 .................................................................. R ule 9033 ...................... ...... ... ...........................
100
1 01
103
B Proposed Amendments to Bankruptcy Rules 4008, 7052 and 9021, and Proposed New Bankruptcy Rule 7058. Submitted for Final Approval by the Standing Committee and Submission to the Judicial Conference ............................... 106
1. 2 3. Public Comm ent ......................... . ........................ 106 Synopsis ofProposed GeneralAmendments ............................ 107 Text of ProposedAmendments to Rules 4008, 7052, and 9021, and New Rule 7058 ............................. 108 R ule 4008 . ... ......... .............. .............................. 1 08 Rule 7052 ... ............................... ...... ...... 110 Rule 7058 .. ............................................ 1 l Rule 9021 ........................................ 1 12
C Proposed Amendments to Official Forms land 8, and Proposed New Official Form 27 Submitted for Final Approval by the Standing Committee and Submission to the Judicial Conference ................. .... .... .. ... . ............. .. 113
Synopsis of/Proposed Amendments to Exhibit D oJ Official Form 1 and Official Form 8, and ProposedNew Official Form 27 ............................................. Text oj ProposedAmendments to Exhibit D of Official Form 1, Official Form 8, and ProposedNew OJficialForm 27 .......... Public Comment on ProposedAmendments to Official Form 8 ......... ............................... Public Comment on pioposed new Official Form 27 ..........
2. 3. 4.
113 114 115 116
678
5
Exhibit D to Official Form I .................
.......................
118
D Proposed Amendments to Bankruptcy Rules 2016, 7052. 9006(f), 9015, and 9023 Submitted for Final Approval by the Standing Committee and Submission to the Judicial Conference Without Publication ................ .. ........ ....... .118 I. 2.
Synopsis of ProposedAmendments to Rules 2016, 7052, 9006(/), 9015, and 9023 ....................................................... ..... .... Text of ProposedAmendments
to Rules 2016, 7052, 9006 9,
118
9015, and 9023.............................................
Rule 2016 .................................... Rule 7052 ..................................... Rule 900669 ................................. Rule 9015 .................................... Rule 9023 .....................................
119 119 121 ....... 122 23 .124
E. Proposed Amendments to Official Forms 9F, 10, and 23 Submitted for Final Approval by the Standing Committee and Submission to the Judicial Conference Without Publication .................................. ................ ......... 125
Text of ProposedAmendments to Official Forms 9F, 10, and 23. 126
F Proposed Amendments to Bankruptcy Rules 1014, 1015, 1018, 5009, and 9001, and Proposed New Bankruptcy Rules 1004.2 and 5012 Submitted for Publication .... ....... .......... ....... ......... ..... .. ..... ... ...... .. .. .. .... .. .. 1.............. 27
Synopsis ofProposedAmendments to Bankruptcy Rules 1014, 1015, 1018, 5009, and 9001, and ProposedNew Bankruptcy Rules 1004 2 and 5012 ............................................. Text of ProposedAmendments to Bankruptcy Rules 1014, 1015, 1018, 5009, and 9001, and Proposed New Bankruptcy Rules 1004 2 and 5012 ............. .............. ........ Rule 1004.2 ...... . .......................... Rule 1014 ....................................... Rule 1015 ................... ............... . ............. ... Rule 1018 ...........................................
2
127
128 128 130 131 132
Rule 5009 ..................... ..................... .134 Rule 5012........................... ............. .... 1. 37 Rule 9001...................................... 138
HI.
Information Items (1) Statutory Time Penods Affected by the Time Computation Rule Changes (2) Backward Counting Deadlines ........ (3) Draft Minutes ....................
.
140 140 141 679
Appendices (1) Spreadsheet of Comments on the Extension of the Deadline for Filing a Notice of Appeal (2) Spreadsheets on Backward Counting Deadlines in the Bankruptcy Code and Rules (3) Draft Minutes of March 2008 Advisory Committee Meeting
680
COMMITTEE ON RULES OF PRACTICE AND PROCEDURE
OF THE
JUDICIAL CONFERENCE OF THE UNITED STATES WASHINGTON, D C 20544
LEE H ROSENTHAL CHAIR CHAIRS OF ADVISORY COMMITTEES PETER G. McCABE SECRETARY CARL E. STEWART APPELLATE RULES LAURA TAYLOR SWAIN BANKRUPTCY RULES MARK R KRAVITZ CIVIL RULES RICHARD C TALLMAN CRIMINAL RULES
TO
Honorable Lee H. Rosenthal, Chair Standing Committee on Rules of Practice and Procedure Honorable Laura Taylor Swain, Chair Advisory Committee on Bankruptcy Rules May 14, 2008 Report of the Advisory Committee on Bankruptcy Rules
ROBERT L HINKLE
EVIDENCE RULES
FROM-
DATE RE-
1.
Introduction
The Advisory Committee on Bankruptcy Rules met on March 27-28, 2008, at St Michaels, Maryland. The Advisory Committee considered public comments on the Time-Computation amendments proposed for Bankruptcy Rules 1007, 1011, 1019, 1020, 2002, 2003, 2006, 2007, 2007 2, 2008, 2015, 2015.1, 2015.2, 2015.3, 2016, 3001, 3015, 3017, 3019, 3020, 4001, 4002, 4004, 6003, 6004, 6006, 6007, 7004, 7012, 8001, 8002, 8003, 8006, 8009, 8015, 8017, 9006, 9027, and 9033. The Committee received numerous comments on the proposed amendment to Rule 8002 that would change the deadline for filing a notice of appeal from 10 days to 14 days, as well as comments in response to the Committee's inquiry as to whether the appeal time should be extended further to 30 days. We also received several comments on the proposed amendments to Rule 9 006(a) which revises the method for computing time periods We received no comments on the bulk of these rules amendments that simply substituted a multiple of seven days fbr time periods of less than 30 days in this package of amendments. The Advisory Committee also considered public comments regarding the preliminary draft of proposed amendments to Bankruptcy Rules 4008, 7052 and 9021, and proposed new
681
Bankruptcy Rules 1017 1 and 7058, as well as comments received on proposed amendments to Official Form 8 and proposed new Official Form 27, all of which were published in August 2007 Since no person who submitted a written comment requested to appear at the public hearings scheduled for January 16 and 25, 2008, the hearings were canceled. The Advisory Committee withdraws proposed Bankruptcy Rule 1017 1 and recommends that the Standing Committee approve the remaining amendments and additions to the Bankruptcy Rules and Official Forms and transmit them to the Judicial Conference. In connection with the withdrawal of proposed Rule 1017.1, the Advisory Committee recommended approval of a revision of the amendment to Exhibit D to Official Form I which was published in August 2006 and approved by the Standing Committee in June 2007. The Advisory Committee also recommends that the Standing Committee approve proposed technical amendments to Bankruptcy Rules 2016, 7052, 9006, 9015, and 9023 and Official Forms 9F, 10, and 23 without publication. The proposed amendments and additions and the comments received thereon are set out below in the Action Items section of this report. The Advisory Committee also studied a number of proposals to amend the Bankruptcy Rules After careful consideration, the Advisory Committee resolved to recommend that the Standing Committee approve for publication a preliminary draft of proposed amendments to Bankruptcy Rules 1014, 1015, 1018, 5009, and 9001, and proposed new Bankruptcy Rules 1004.2 and 5012. The Style Consultants to the Standing Committee offered a number of suggestions that were considered by the Advisory Committee's Style Subcommittee, and the proposals set out below in the Action Items section of the report reflect those joint efforts.
2 682
ii
Action Items
A Proposed Amendments to Bankruptcy Rules 9006, 1007, 1011, 1019, 1020. 2002. 2003, 2006, 2007. 2007 2,2008, 2015, 2015 1,2015 2,2015.3,2016, 3001, 3015, 3017, 3019, 3020, 4001, 4002, 4004. 6003, 6004, 6006, 6007, 7004, 7012, 8001, 8002, 8003, 8006, 8009. 8015, 8017, 9006, 9027, and 9033 Submitted for Final Approval by the Standiig Committee and Submission to the Judicial Conference to Implement the Time-Computation Proiect
The Advisory Committee on Bankruptcy Rules recommends that the Standing Committee approve the proposed amendments to Bankruptcy Rules 9006, 1007, 1011, 1019, 1020, 2002, 2003, 2006, 2007, 2007.2, 2008, 2015, 2015.1, 2015.2, 2015.3, 2016, 3001, 3015, 3017, 3019, 3020, 4001, 4002,4004,6003, 6004, 6006,6007, 7004, 7012, 8001, 8002, 8003, 8006, 8009, 8015, 8017, 9006, 9027, and 9033 for submission to the Judicial Conference to implement the Time-Computation Project as set out below. These amendments are to become effective on December 1, 2009. 1. Public Comment
The preliminary draft of proposed amendments to Bankruptcy Rules 9006, 1007, 1011, 1019. 1020, 2002, 2003, 2006, 2007, 20072, 2008, 2015, 2015 1. 20152, 20153. 2016, 3001,3015,3017,3019, 3020, 4001,4002, 4004. 6003, 6004, 6006,6007, 7004, 7012,8001. 8002, 8003, 8006. 8009. 8015. 8017, 9006, 9027, and 9033 wete publishcd for
3
683
comment in August 2007 A public hearing on the preliminary draft of the line-Computation Amendments was scheduled for January 16, 2008, but there were no requests to appear at the hearings 1 he Advisory Committee received comments on Rule 9006(a) and the l'une-Computation Rule Template as set out immediately after Rule 9006 The only other TimeComputation Amendment on which the Committee received comments was the proposed amendment to Rule 8002, on which we received 40 comments Again, those comments are described below immediately after Rule 8002.' 2. Svnopsis of ProposedAmendments to Implement the Time-Computation Prolect (a)
9 006(a) Rule (Time Computation Template Rule) replaces subdivision (a) with the template being adopted throughout the Federal Rules for computing time. There are minor differences from the template in the Committee Note that include changes specific to bankruptcy law and practice. The amendment is offered in conjunction with proposed amendments to the deadlines set out
In addition to the description of'the individual comments on the proposed amendment to Rule 8002, attached to this report is a spreadsheet that compiles the comments according to the status of the person submitting the comment (judge, practitioner, association) and the preferred notice of appeal deadline (10, 14, or 30 days) 4
684
in 39 rules [hose amendments Include changes only in the time periods
(b)
Rules 1007, 1011, 1019, 1020, 2002, 2003,
2006, 2007, 2007.2, 2008, 2015, 2015.1, 2015.2, 2015.3, 2016, 3001, 3015, 3017, 3019, 3020, 4001, 4002, 4004, 6003, 6004, 6006, 6007, 7004, 7012, 8001, 8002, 8003, 8006, 8009, 8015, 8017, 9006, 9027, and 9033 are each amended to make the deadlines under the rules multiples of seven days for any penod less than 30 days The various deadlines in these rules are amended in the following manner. 5 day periods 10 day periods 15 day periods 20 day periods 25 day periods become 7 day periods become 14 day periods become 14 day periods become 21 day periods become 28 day periods
The changes to the Bankruptcy Rules to implement the Time-Computation project, other than the changes to Rule 9 006(a), are limited to changes in the deadlines as set out above
3
Text o/ Proposed Bankrupytcy Amendments to Implement Ihke Computation Proect
Ru/cs 7me-
5
685
PROPOSED AMENDMENTS TO THE FEDERAL RULES OF BANKRUPTCY PROCEDURE Rule 9006. Computing and Extending Time
2
3 4
lIi
cu *i ii p JUti i i t i ny p , e ,i d
u f t i -i
cs c
i u ui li
1
c, d
by tlccLh
s ub
i
ccilRe
f
~1Puc~~
by
*f
rnlac app1•l caLtlc
11 tcs,ca
d uo., bay Lhc, L*•catl Ulc~a,
d1 jhcL ic. 1tautc l li ' v i 11n c il 11
6
7....
S
c
ti l L dc
l' ,
f t cv '
•i.
c ii
LU
by
duy
t,
Ou i
d uf t ul t f i u i
k, .u >L
±
J 1
ay
t hl • J c 5
inld
l. i t cd
d.T~
id of
icbcii
8
Ls,~ Ly
~f
pi ,c uJ su cu~mmp•ut
iouuiday,
s•hal Ucn.cluued,
9 ~
uiics~,itiS,
ci c
'dy-l
ca 'i ''hd-y
ui
1
i's utlb
tlIhI ciii•lLf•tl
1
tidAL •
day
whic isbl 1ut lui
l•, uf thc
17
it~lc
cd
•<uiii Utcitt
.
A
I-s
si....
tits I
88
U lc
dii
inR
c
19IIili
iiiL{ciyk uf
III
L.ULl•ii
King. Ji " ,
l.•
1 ltltl
.
.
6
20
HLuhday, P -
1
Day. mde c
5
1L 1
Xy,
25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41
La2i COMPUTING TIME. The followinz rulesapply in computing any time period specified in these rules, in the Federal Rules of Civil Procedure. in any local rule or court order, or in any statute that does not specify a method of computing time Ijj PeriodStated in Days or a Longer Unit When the period is stated in days or a longer unit of time (A) exclude the day of the event that triggers the period:
(
count every day, including intermediate Saturdays, Sundays, and legal holidays, and
Q) include the last day of the period, but if the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the nextday that is not a Saturday, Sunday, or legal holidav fa PeriodStated in Ifourn Whenthe period is stated
7
687
42
in hours
43 44 45 46 47 48 49 50 51 52 53
54 U3
ALAl bhgen counting immediately on the occurrence of the event that triggers the period:
(B
count evcry hour. including hours during intermediate Saturdays, Sundays, and legal holidays, and if the period would end on a Saturday, i Sunday, or legal holiday, then continue the period until the same time on the next day that is not a Saturday, Sunday, or legal holiday
55 56 57 58 59 60 61 62 63
Inaccessibzhty of Clerk's Office Unless the court orders otherwise, if the clerk's office is
inaccessible LAI on the last day for filing under Rule
9 006(a)(1
), then the time for filingis
extended to the first accessible day that is not a Saturday, Sunday. or legal holiday, or (BI durngythe last hour for filing under Rule 9 006(a)(2). then the time for filing is extendcd to the same time on the first
8
688
64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 L
accessible day that is not a Saturday, Sunday., or legal holiday
(4)
"LastDay"Defined Unless a different time is set by a statute, local rule, or order in the case, the last day ends-
A
for electronic filing, at midnight in the court's time zone: and
(B) for filing by other means, when the clerk's
office is scheduled to close.
(
"Next Day" Defined The "next day" is detenmined by continuing to count forward when the penod is measured after an event and backward when measured before an event.
(fj
"Legal Holiday" Defined "Legal holidav" means
(
the day set aside by statute forobserving New Year's Day, Martin Luther King Jr 's
Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksguimg Day, or Christmas Day, and any other day declared a holiday by the President. Congress, or the state where the
9
689
86 87 88
89
Chstrict court is located (In this rule. "state" includes the District of Columbia and any United States commonwealth, temtory, or
POSSeSSIO)
90 COMMITTEE NOTE Subdivision (a). Subdivision (a) has been amended to simplify and clarify the provisions that describe how deadlines are computed Subdivision (a) governs the computation of any time period found in a Federal Rule of Bankruptcy Procedure, a Federal Rule of Civil Procedure, a statute, a local rule, or a court order In accordance with Bankruptcy Rule 9 029(a), a local rule may not direct that a deadline be computed in a manner inconsistent with subdivision (a) The tine-computation provisions of subdivision (a) apply only when a time period must be computed They do not apply when a fixed time to act is set The amendments thus carry forward the approach taken in Viwlh, v PA Days, Inc , 427 F 3d 1015, 1016 (6th Cir 2005) (holding that Civil Rule 6(a) "does not apply to situations where the court has established a specific calendar day as a deadline"), and reject the contrary holding of In re American Jicalthcare Management, Inc . 900 F 2d 827. 832 (5th Cir. 1990) (holding that Bankruptcy Rule 9 006(a) governs treatment of date-certain deadline set by court order) If, for example, the date fbr filing is "no later than No\ embei 1, 2007," subdivision (a) does not govern But if a filing is reclui cd to be made "within 10 days" or "within 72 hours," subdivision (a) describes how that deadline is colnputed
Subdivision (a) does not apply when computing a time period
I60
690
wi itten notice to an assisted person "not later than 3 business days after providing bankruptcy assistance services)
SeC, c g, II U S C § 527(a)(2) (debt relief agencies must piovide a
set by a statute if the statute specifies a method of computing time
Subdivision (a)(1) New subdivision (a)(l) addresses the computation of time periods that are stated in (lays It also applies to time periods that are stated in weeks, months, or years See, c g, Federal Rule of Civil Procedure 60(b) made applicable to under Rule 9024 Subdivision (a)(])(B)'s directive to "count every day" is relevant only if the period is stated in days (not weeks, months or years) Under former Rule 9 006(a), a period of eight days or more was computed differently than a period of less than eight days Intermediate Saturdays, Sundays, and legal holidays were included in computing the longer periods, but excluded in computing the shorter periods Former Rule 9 006(a) thus made computing deadlines unnecessarily complicated and led to counterintuitive results Under new subdivision (a)(l), all deadlines stated in days (no matter the length) are computed in the same way. The day of the event that triggers the deadline is not counted All other days including intermediate Saturdays, Sundays, and legal holidays -- are counted, with only one exception If the period ends on a Saturday, Sunday, or legal holiday, then the deadline falls on the next day that is not a Saturday, Sunday, or legal holiday An illustration Is provided below in the discussion of subdivision (a)(5) Subdivision (a)(3) addresses filing deadlines that expire on a day when the cierk's office is inaccessible. Where subdivision (a) formerly referred to the "act, cxent, or default" that triggers the deadline, new subdivision (a) refers simply II
691
to the "event- that tn-ggeis the deadhne, this change in terminology is adopted foi bicvity tnd simplicity. and is not intended to change ineaning Periods previously expressed as less than eight days will be shortened as a practical matter by the decision to count intermediate Saturdays, Sundays, and legal holidays in computing all periods Many of those periods have been lengthened to compensate for the change. See, e g, Rules 2008 (trustee's duty to notify court of acceptance of the appointment within five days is extended to seven days); 6004(b) (time for filing and service of objection to proposed use, sale or lease of property extended from five days prior to the hearing to seven days prior to the hearing), and 9006(d) (time for giving notice of a hearing extended from five days prior to the hearing to seven days) Most of the 10-day periods were adjusted to meet the change in computation method by setting 14 days as the new period See, e g, Rules 1007(h) (10 day period to file supplemental schedule for property debtor becomes entitled to acquire after the commencement of the case is extended to 14 days), 3 0 2 0(e) (10 day stay of order confirming a chapter I I plan extended to 14 days), 8 002(a) (10 day period in which to file notice of appeal extended to 14 days). A 14-day period also has the advantage that the final day falls on the same day of the week as the event that triggered the period - the 14th day after a Monday. for example, is a Monday This advantage of using week-long pciiods led to adopting seven-day periods to replace some of the periods set at less than 10 days, 21 -day periods to replace 20-day periods, and 2 8 -day periods to replace 25-day periods Iurty-day and longer periods, however, were generally retained without change Subdivision (a)(2) New subdivision (a)(2) addresses the 12
692
computation of time periods that are stated in hours No such deadline currently appears in the Federal Rules of Bankruptcx Procedure But some statutes contain deaduines stated in hours, is do some court orders issued in expedited proceedings Under subdivision (a)(2), a deadline stated in hours starts to run immediately on the occurrence of the event that triggers the deadline The deadline generally ends when the time expires 1t, however, the time period expires at a specific time (say, 2 17 p mn ) on a Saturday, Sunday, or legal holiday, then the deadline is extended to the same time (2.17 p m ) on the next day that is not a Saturday, Sunday, or legal holiday. Periods stated in hours are not to be "rounded up" to the next whole hour Subdivision (a)(3) addresses situations when the clerk's office is inaccessible during the last hour before a filing deadline expires Subdivision (a)(2)(B) directs that every hour be counted. Thus, for example, a 72-hour, period that commences at 10 23 a m on Friday, November 2, 2007, will run until 9-23 a m. on Monday. November 5, the discrepancy in start and end times in this example results from the intervening shift from daylight saving time to standard time Subdivision (a)(3) When determining the last day of a filing period stated in days or a longer unit of time, a day on which the clerk's office is not accessible because of the weather or another reason is treated like a Saturday, Sunday. or legal holiday When determining the end of a filing period stated in hours, if the clerk's office is inaccessible during the last hour of the filing period computed under subdivision (a)(2) then the period is extended to the same time on the next day that is not a weekend. holiday or clay 'Ahen the clerk's office is inaccessible
13
693
Subdivision (a)(3)-,, CetCnsions apply "nIcss the court orders otherwise" In some cii cumstanCes. the coLirt mught not wish a period of inaccessibility to trigger a full 24-hour extension, in those instances, the court can specify a briefer extension The text of the rule no longei refers to "weather or other conditions" as the reason for the inaccessibility of the clerk's office The refeience to "weather" was deleted from the text to underscore that inaccessibility can occur for reasons unrelated to weather, such as an outage of the electronic filing system Weather can still be a reason for inaccessibility of the clerk's office The rule does not attempt to define inaccessibility Rather, the concept will continue to develop through caselaw, see, e g, William G Phelps, When Is Office of Clerk of Court InaccessibleDue to Weather or Other Conditions for Purposeo/Computing Time Period for FilingPapers underRule 6(a) of FederalRules o/Bankruptcy Procedure, 135 A L R. Fed. 259 (1996) (collecting eases) In additiorn many local provisions address inaccessibility fbr purposes ofelectronic filing, •sce, e g, D Kan. Rule 5 4.11 ("A Filing User whose filing is made untimely as the result of a technical failure may seek appropriate relief from the court ") Subdivision (a)(4) New subdivision (a)(4) defines the end of the last day of a period fbr purposes of subdivision (a)(l). Subdivision (a)(4) does not apply in computing periods stated in hours under subdivision (a)(2), and does not apply ifa different time is set by a statute, local rule, or order in the case A local rule may provide, for example, that papers filed in a drop box after the normal hours of the clerk's office are filed as of the day that is date-stamped on the papers by a device in the drop box 28 U S C ý 452 provides that "[ajIl courts of the United States shall be deemed always open fot the purpose of filing proper papers, issuing and returning piocess, and making motions and orders " A 14
694
coiresponding provision exists in Rule5001 (a) Some courts have held that these provisions permit an after-hours filing by handing the papers to an appropriate official See, e g , (asaldue ' D)u, 117 F 2 d 9 15, 917 (1 st Cir 1941 ) Subdivision (a)(4) does not address the effect of the statute on the question of after-hours filing, instead, the rule is designed to deal with filings in the ordinary course without regard to Section 452 Subdivision (a)(5). New subdivision (a)(5) defines the "next" day for purposes of subdivisions (a)(1)(C) and (a)(2)(C) The Federal Rules of Bankruptcy Procedure contain both forward-looking time periods and backward-looking time periods. A forward-looking tinc period requires something to be done within a period of time after an event See, e.g, Rules 1007(c) (the schedules and statements, other than the statement of intention, shall be filed by the debtor within 14 days after entry of the order for relief "), 101 9(b)
("the trustee, not later than 30 days after conversion of the case, shall file and transmit to the United States trustee a final report and account"), and 7012(a) ("If a complaint is duly served, the defendant shall serve an answer within 30 days after the issuance of the summons, except when a different time is prescribed by the court ") A backward-looking time period requires something to be done within a period of time before an event. See, e g , Rules 6004(b) ("an objection to a proposed use, sale, or lease of property shall be filed and served not less than five days before the date set for the proposed action"). 9006(d) ("A written motion, other than one which may be heat d ex parte, and notice of any hearing shall be served not later than five days before the time specified for such hearing") In detcrmining "hat is the "next" day for purposes of subdivisions (a)(l)(C) and (a)(2)(C). one should continue counting in the same direction - that is, foiward when comnputing a forward-looking period and backward when computing a backward-looking period If, for example. a fiing 15695
is due within 10 days aOlJt an event, and the tenth day flls oin Saturday, Septembet I. 2007. then the filing is due on Tuesday, September 4, 2007 (Monday, September 3, is Labor Day) But if a filing is due 10 days bc/ore an event, and the tenth day falls on Saturday, September 1, then the filing is clue on Friday, August 31 Subdivision (a)(6). New subdivision (a)(6) defines "legal holiday" for purposes of the Federal Rules of Bankruptcy Procedure, including the tine-computation provisions of subdivision (a) Subdivision (a)(6) continues to include within the definition of"legal holiday" days that are "declared a holiday by the President." For two eases that applied this provision to find a legal holiday on days when the President ordered the government closed for purposes of celebration or commemoration, see Hart v Sheahan, 396 F.3d 887, 891 (7th Cir 2005) (President included December 26, 2003 within scope ofexecutive order specifying pay for executive department and independent agency employees on legal holidays), and Mashpee Wampanoag ýtrbal Council, Inc v Norton, 336 F.3d 1094, 1098 (D.C Cir 2003) (executive order provided that "'[a]ll executive branch departments and agencies of the Federal Government shall be closed and their employees excused from duty on Monday, December 24, 2001"). Subdivision (a)(6)(B) includes certain state holidays within the definition of legal holidays, and defines the term "state" for purposes of subdivision (a)(6) -- to include the District of Columbia and any commonnealth, territory or possession of the United States Thus, for purposes of subdivision (a)(6)'s definition of "legal holiday," "state" includes the Distnct of Columbia, Guam. Amencan Samoa. the I S Virgin Islands, the Commonwealth of Puerto Rico, and the Commonwealth of the Northern Mariana Islands
16
696
Public Comment on Proposed Amendments to Rule 9 006(a)
U.S. District Court for the Eastern District of Nei% York ("EDNY Committee"). The EDNY Committee writes in general opposition to the tine-computation proposals, but supports certain of the Civil Rules Committee's proposals to lengthen specific Civil Rules deadlines The EDNY Committee also makes some suggestions for improving the project if it goes forward * Overall cost/benefit analysis. The EDNY Committee predicts that the proposed change in time-computation approach will cause much disruption, given the great number of' affected deadlines that are contained in statutes, local rules, and standard forms The EDNY Committee believes that the current time-counting system works well To the extent that some litigants have difficulty computing time under the current approach, the EDNY Committee suggests that one could build into the electronic case filing software a program that could perform the necessary computations * Incompleteness ofoffsettinwchanges The EDNY Committee notes that as to short time periods set by the Rules, the proposed amendments mitigate the effect of no longer skipping weekends, but do not offset the fact that under the new approach holidays will no longer be skipped either The EDNY Committee argues strongly that if the new time-counting approach is to be adopted then Congress must be asked to lengthen all affected 17
1 07-BK-004: Committee on Civil Litigation of the
697
*
*
statutory time periods Likewise, the EDNY Comminttee note,, that stcps must be taken to lengthen aill affected time periods set by local rules, standing odcids, and standard-fi-on orders Business-day piovisions in local rules The EDNY Committee observes that some local rules contain periods counted in business days, and argues that any change in the time-counting rules should be tailored so as not to change such penods to calendar days Backward-counted time periods. The EDNY Committee warns that the proposed amendments, by clarifying the way to compute backwardcounted time periods, would effectively shorten the response time allowed under rules that count backwards Moreover, the EDNY Committee notes that the proposed time-computation template (like the existing rules) does not provide for a longer response tine when motion papers are served by mail The EDNY Committee proposes that the best solution to the backward-counting problem is to eliminate backward-counted periods, as an example, the EDNY Committee points to the Local Civil Rule 6 1 which is in use in the Eastern and Southern Districts of New York
2 07-BR-015: Chief Judge Frank H. Easterbrook. Chief Judge Easterbrook writes in support of the timecolmputation proposals lie suggests that in addition to the proposed changes, the three-day rule contained in Appellate Rule 26(c) should be abolished lie argues that the three-day rule is particularly incongruous for electronic service, and that adding three dax s to a period thwarts the goal served by our Is
698
preference for setting periods In multiples ofsekenclay's 3 07-BK-007: Walter W. Bussart. MN BLissart states generally that the proposed amendments are helpflul and that he supports their adoption 4 07-BK-008: Jack E. Horsley Overall, Mr Horsley views the proposed amendments with fhvor 5 07-BK-010: Stephen P. Stoltz Mr Stoltz generally supports the time-computation proposals He argues, however, that the time-counting rules should define the "last day" as ending "at 11 "59:59 p.m." rather than "at midnight." He suggests this because "[m]ost people today would agree that a day begins at midnight and ends at 11 59 59 p in local time." He warns that if the time-counting rules provide that the "last day" of a period ends "at midnight." there will be confusion and courts may conclude that a "deadline is actually the day (or evening) before the particular day " 6. 07-BK-01 1: Robert J. Newmeyer. Mr Newrneyer is an administrative law clerk to Judge Roger T Benitez of the U.S District Court for the Southern District of Califorma Mr. Newmeyer stresses that the 10-day period set by 28 U S C. § 636(b)(1) must be lengthened to 14 days This statute will presumablybeon the short list ofstatutof y periods that Congress should be asked to lengthen, so this suggestion is in line with the Project's current scheme Mr Newmcyer further suggests that it would be worthwhile to considersetting an even longer period for filing objections to case-dispositive rulings by magistiate judges This suggestion seems to fiall within the Civil Rules Committee's jurisdiction rather than that of the Tiue19
699
CompuLtation Pi oject Mr Newvieyer also expresses confusion as to whether the Civil Rule 6(a) time-comnputation proposals affect the "three-day I ule " As you know, the tune-computation project does not propose to change the three-day rule, and it seems unlikely that there will be confusion on this score in the event that the time-colnputation proposals are adopted (Mr Newmeyer's con fusion probably springs from the fact that the time-computation rules as published include only provisions in which a change is proposed, and thus omit Civil Rule 6(d)). In any event, Mr Newineyer suggests that the three-day rule should be deleted This suggestion, like Chief Judge Easterbrook's suggestion, is one that the Advisory Committees may well wish to add to their agendas, but is not one that seems appropriate for resolution in connection with the time-computation project itself 7 07-BK-012: Carol D. Bonifaci Ms. Bonifaci, a paralegal at a Seattle law firm, expresses confusion concerning the proposed time-computation rules' treatment of backward-counted and forward-counted deadlines Ms Bonifaci believes that ifa backward-counted deadline falls on a weekend, the time-computation proposals would direct one to reverse direction and count forward to Monday Ms Bonifaci observes that the proposed Committee Note makes clear that a deadline stated as a date certain (c g, ,,no later than November I. 2008") is not covered by the proposed tine-computation rules, and she suggests that this should also be stated in the text of the proposed Rules 8 07-BK-014: Robert NM. Steptoe, Jr. Mr Steptoe. a partner at Steptoe & Johnson, expresses concern "that the proposed timc-comi)putaton iules would govern a number of 20
700
statutory deadlines that do not themselves provide a method for computing time." and that the proposed rules .. 'May cause hardship if short time periods set in local rules are not adjusted " Therefore, he urges that the tine-computation proposals "not be implemented unless and until the Standing Committee is sure that it will receive the necessary cooperation from Congress and the local rules committees to meet the desired objective of simplification " 9 07-BK-018: FDIC Richard J Osterman, Jr, Acting Deputy General Counsel of the Litigation Branch of the Federal Deposit Insurance Corporation, writes to urge that Congress not be asked to amend the time periods set in certain provisions of the Federal Deposit Insurance Act. He explains that banking agencies such as the FDIC already "employ calendar days in their computations of time to respond to regulatory and enforcement decisions" - thus indicating that no adjustment is necessary or appropriate in connection with the time-computation project Since no participant in the time-computation project has suggested that the FDIA provisions should be included on the short list of statutory periods that Congress should be asked to change in light of the time-computation project, it seems fair to say that Mr Osterman's suggestion accords with the approach that the project is already taking Mr Osterman also suggests that Civil Form 3 be amended to "include a paragraph that references federal defendants, who have a full 60 days to respond as opposed to the standard 21 days you are proposing. This language is absent from the current summons fonin " This suggestion concerns the Civil Rules Committee rather than the TimeComputation Subcommittee (The version of Form 3 that is currently in effect does include an italicized parenthetical that 21
701
states "(Use 60 (lays il the defendant is the United States or a United States agency, oi is an officer or employee of the United States allowed 60 days by Rule 12(a)(3) )") 10 07-BK-019: DOJ Craig S. Morford, Acting Deputy Attorney General, writes on behalf of the Department of Justice to express support for the goals of the tinecomputation project, but also to express strong concerns ",about the interplay of the proposed amendment with both existing statutory periods and local rules " The DOJ argues that "changes should be addressed in relevant statutory and local rule provisions before a new time-computation rule is made applicable." Otherwise, the DOJ fears that the purposes of some statutes "may be frustrated." The DOJ argues that exempting statutory time periods from the new time-counting approach would be an undesirable solution since it would create "confusion and uncertainty" to have two different timecounting regimes (one for rules and one for statutes) Mr. Morford does not specifically state the DOJs position on which of the statutory time periods should be lengthened to offset the change in time-computation approach. His letter does refer to the Committee's identification of "some 168 statutes that contain deadlines that would require lengthening " The DOJ urges that the time-computation amendments not be allowed to take effect unless and until (1) Congress enacts legislation to lengthen all relevant statutory periods, (2) the local rulemaking bodies have had the opportunity to amend relevant local-rule deadlines, and (3) the bench and bar have had time to learn about the new time-counting rules. I1 07-BR-036: Rules and Practice Committee of the Seventh Circuit Bar Association. Thomas J Wiegand 22
702
writes on behalf of the Seventh Circuit Bai Associ taon'Rules and Practice Committee Hc reports that the Bar Association sponsored a lunchtime discussion of the proposed Rules amendments this past December One topic of discussion was whether the proposed time-computation rules* directive to "count every hour" when computing hour-based time periods will alter the application of Civil Rule 30(d)(2)'s presumptive seven-hour limit on the length of a deposition He suggests that "the Committee might desire to make clear whether any change is intended for calculating the 7-hour period in Rule 30(d)(2) " He also notes "On the assumption that changing how to calculate the 7-hour period is outside of this year's proposed changes to the Civil Rules, some members believe that changing either the 7-hour duration in Rule 30(d)(2), or how to calculate it, should be considered by the Committee in the future " One member of the group suggested that if the deadline for filing a notice of appeal under Rule 8002(a) were to be changed. it should be reduced to 7 days rather than extended to 14 12 07-BR-026; 07-BK-009: Alan N. Resnick. Professor Resnick previously served as first the Reporter to and then a member of the Bankruptcy Rules Committee Of particular relevance to the overall Time-Computation Project, Professor Resnick opposes adoption of a days-are-days tinecomputation approach in Bankruptcy Rule 9006 He points out that a days-are-days approach would result in "-the shortening of some state and federal statutory tine periods " Professor Resnick stresses that iftime periods set by the Bankruptcy Rules and the Civil Rules are altered, care must be taken to adjust the Bankruptcy Rules so that newlylengthened Civil Rules time periods are not inappropriately incorporated into the Bankruptcy Rules In particular. Professor Resnick notes that the Bankruptcy Rules ('o1mmittec should consider altering Bankruptcy Rule 9023's incorporation of Ciý i] Rule 59's provisions ifCix'il Rule 59 is amended to change current 10-day time limits to 30 days Professor Resnick also adds his voice to those that oppose the lengthening of Bankruptcy Rule 8 002's ten-day appeal period 23 703
But if Rule 8002's ten-day period is lengthened, then Professor Resnick points out other time periods in the Bankruptcy Rules that hie argues should be corresponding lengthened 13 07-BK-013; 07-BR-029: Judge Philip H. Brandt Judge Brandt. a U S Bankruptcy Judge in the Western District of Washington, argues that proposed Bankruptcy Rule 9006(a)(4)'s dcfinition of the end of the "last day" "would eliminate 'drop-box' filings, and would advantage electronic filers over debtors and other parties representing themselves, and over attorneys who practice infrequently in bankruptcy court and are not electronic filers." The root of his concern is that (a)(4) sets a default rule that the end of the day is midnight for e-filers, but sets a default rule that the end of the day falls at the scheduled closing of the clerk's office for none-filers. I le urges that 9 006(a)(4) be amended to state "simply • that the time period 'ends at midnight in the court's time zone'" for all filers
14 07-BK-015: Committee on Bankruptcy and Corporate Reorganization of the Association of the Bar of the City of New York The Committee on Bankruptcy and Corporate Reorganization of the Association of the Bar of the City of New York ("ABCNY Bankruptcy Committee") writes in opposition to the time-computation proposals The Committee focuses its opposition on the time-computation proposal for Bankruptcy Rule 9006 With respect to the tinecomputation proposals foi the other sets of Rules, the Committee cites with approval the comments of the Committee on Civil Litigation of the U S District Court for the Eastern District of New York ("EDNY Committee") The ABCNY Bankruptcy C'ommittee's objections to the tiire-computation pi oposals arc very similar to those stated by the EDNY Committee, in srum, the ABCNY Bankruptcy Committee believes that the costs of the time-computation proposals stiongly outweigh their benefits This summary highlights those aspects of the ABCNY Bankruptcy ('ommnttee's comments that differ from those of the EDNY 24 704
Committee The ABCNY Bankruptcy Comnmittee suggests, among othei problems, that "some local courts mnght decidc to retain the present computational approach through the promulgation of local rules," which would compound the resulting confusion The ABCNY Bankruptcy Committee also suggests that "'[m]idnight' is often defined as 12 00 a in , or the beginning of a given day" Thus, the Committee "believes that the intent of the proposal was to permit filings up to and including 11.59 p m., or the end of a given (lay "" 15. 07-BK-022: National Bankruptcy Conference Richard Levin writes on behalf of the National Bankruptcy Conference ("NBC"), which "strongly endorses and supports" the comments previously submitted by Professor Alan Resnick. The NBC also warns that the proposed changes to various bankruptcy-relevant time periods could result in unintended consequences, it thus suggests "that the Advisory Committee delay incorporation of the 7, 14, 21, and 28 day time period changes into the Bankruptcy Rules until the impact of those changes [is] studied further Changes Made After Publication: The reference to Rule 6(a)(1) in subdivision (a)(3)(A) at line 50 of the rule as it was published was corrected by referring instead to Rule 9 006(a)(1).
Rule 1007. Limits" I 2 3
Lists, Schedules and Statements; Time
(a) LIST OF CREDITORS AND EQUITY SECURITY HOLDERS, STATEMENT AND CORPORATE OWNERSHIP
Incorporates amendments approved by the Supreme Court that are clue to take effect on l)cceinber I, 2008, ifCongress takes no action to the contrary 25 705
4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (c) TIME LIMITS In a voluntary case, the schedules (2) hwolntuari Case In an involuntary case, the debtor shall tile within -5 14. days after entry of the order for relief, a list containing the name and address of@each entity included oi to be included on Schedules D, E, F, G, and H as prescribed by the Official Forns (3) Equity Security Holder. In a chapter 11
reorganization case, unless the court orders otherwise, the debtor shall tile within I-5 14 days after entry of the order for relief a list of the debtor's equity security holders of each class showing the number and kind of interests registered in the name of each holder, and the last known address or place of business of each holder
statements, and other documents required by subdivision (b)( 1), (4), (5), and (6) shall be filed with the petition or within -1-5 14 days thereafter, except as otherwise provided in subdivisions (d). (e), (t). and (h) of this rule. In an involuntary case, the list in subdivision (a)(2), and the schedules, statements, and other documents requned by subdi, ision (b)(l ) shall be tiled by the debtor within -i5 14
'1lie Coitniittee on Practice and Procedure has approved for publication in August 2008 an amendment to this deadlinc Under the proposal, the 14 day period will become a seven day period 26 706
26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48
(lays of the entry of the order for relief. In a %,olutary case, the documents required by paragraphs (A), (C). and (D) of subdivision (b)(3) shall be filed with the petition Unless the
court orders otherwise, a debtor who has filed a statement under subdivision (b)(3)(B). shall file the documents required by subdivision (b)(3)(A) within +5 14 days of the order for relief In a chapter 7 case, the debtor shall file the statement required by subdivision (b)(7) within 45*** days after the first date set for the meeting of creditors under § 341 of the Code, and in a chapter 11 or 13 case no later than the date when the last payment was made by the debtor as required by the plan or the filing of a motion for a discharge under § 1141 (d)(5)(B) or § 1328(b) of the Code. The court may, at any time and in its discretion, enlarge the time to file the statement required by subdivision (b)(7) The debtor shall file the statement
required by subdivision (b)(8) no earlier than the date of the last payment made under the plan or the date of the filing of a motion for a discharge under §§ 1141(d)(5)(B), I228(b). or 1328(b) of the Code Lists, schedules, statements, and other documents filed prior to the conversion of a case to anothcr chapter shall be deemed filed in the converted case unless the court directs otherwise Except as provided in § I 116(3), any
extension of' time to file schedules, statements, and other
The Committee on Practice and Procedure has approved foi publication in August 2008 an amnendment to this deadline Under the proposal, the 45 day dcadline will become a 60 day deadline 27 707
49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73
documents recquied under this rule may be granted only on motion for cause shox\ n and on notice to the United States trustee, any committee elected under § 705 or appointed under § 1102 of the Code, trustee, examiner, or other party as the court may direct Notice of an extension shall be given to the United States trustee and to any committee, trustee, or other party as the court may direct
(f) STATEMENT OF SOCIAL SECURITYNUMBER. An individual debtor shall submit a verified statement that sets out the debtor's social security number, or states that the debtor does not have a social security number In a voluntary case, the debtor shall submit the statement with the petition in an involuntary case, the debtor shall submit the statement within +5 14 days after the entry of the order for relief
(h) INTERES IS ACQUIRED OR ARISING AFTER PETITION If, as provided by § 541(a)(5) of the Code, the
debtor acquites or becomes entitled to acquire any interest in property, the debtor shall within +0 14 days after the inlfonration cones to the debtor's knowledge or within such further time the court may allow, file a supplemrental schedule in the chapter 7 I q t dation ease, chapter 1 I reorganization case, chaptei 12 fimily lhrner's debt adjustment case, oi chapter I'3 Ii
ixi]dual debt adjustment case
If any of the
28 708
74 75 76 77 78 79 80 81 82 83
property requred to be reported under this subdivision i, claimed by the debtor as exempt, the debtor shall claim the exemptions in the supplemental schedule The duty to file a supplemental schedule in accordance with this subdivision continues notwithstanding the closing of the case, except that the schedule need not be filed in a chapter 11, chapter 12, or chapter 13 case with respect to property acquired aftei entry of the order confirming a chapter I I plan or discharging the debtor in a chapter 12 or chapter 13 case
COMMITTEE NOTE The rule is amended to implement changes in connection with the amendment to Rule 9 006(a) and the manner by which time is computed under the rules Each deadline in the rule of fewer than 30 days is amended to substitute a deadline that is a multiple of seven days Throughout the rules, deadlines are amended in the following manner 5 10 15 20 25 day periods day periods day periods (lay periods day periods become become become become become 7 day perods 14 day periods 14 day periods 21 day periods 28 day periods
Rule 1011. Responsive Pleading or Motion in Involuntary
29
709
and Cross-Border Cases
I 2 3 4 5 6 7 8
9
(b)
DEFENSES
AND
OBJECTIONS,
WHEN
PRESENTED
Defenses and objections to the petition shall
be presented in the manner prescribed by Rule 12 F R Civ P and shall be filed and served within 20 21 days after service of the sumnmons, except that if service is made by publication on a party or partner not residing or found within the state in which the court sits, the court shall prescribe the time for filing and serving the response
COMMITTEE NOTE The rule is amended to implement changes in connection with the amendment to Rule 9006(a) and the manner by which time is computed under the rules The deadline in the rule is amended to substitute a deadline that is a multiple of seven days Throughout the rules, deadlines are amended in the following manner5 day periods become 7 day periods 1 ( day periods become 14 day periods 15 day periods become 14 day periods
Incorporates amendments approved by the Supreme Court that are due to take effect on December 1, 2008, if Congress takes no action to the contrary 30
710
20 day periods become 21 day periods 25 dax periods become 28 day periods
Rule 1019. Conversion of Chapter 11 Reorganization Case, Chapter 12 Family Farmer's Debt Adjustment Case, or Chapter 13 Individual's Debt Adjustment Case to Chapter 7 Liquidation Case
2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Case
(5)
Filing Final Report and Schedule of
Postpetitzon Debts (A) Conversion of Chapter 11 or Chapter 12 Unless the court directs otherwise, if a chapter I I or
chapter 12 case is converted to chapter 7, the debtor in possession or, if the debtor is not a debtor in possession, the trustee serving at the time of conversion, shall
(1)
not later than -+5 14 days after
conversion of the case, file a schedule of unpaid debts incurred after the filing of the petition and before conversion of the case, including the name and address of each holder of a claim, and
(11)
not later than 30 days alter
conversion of the case, file and transmit to the United States trustee a final report and account,
31
711
17
(B) Conversion of Chapter 13 Case
Unless
18
19 20 21 22 23 24 25 26 27 28
the court directs otherxx ise. if a chapter 13 case is converted
to chapter 7.
(1) the debtor, not later than 15 14 days
after conversion of the case, shall file a schedule of unpaid debts incuired after the filing of the petition and before conversion of the case, including the name and address of each holder of a claim, and
the trustee, not later than 30 days after conversion of the case, shall file and transmit to the United States trustee a final report and account,COMMITTEE NOTE The rule is amended to implement changes in connection with the amendment to Rule 9 006(a) and the manner by which time is computed under the rules The deadline in the rule is amended to substitute a deadline that is a multiple of seven days Throughout the rules, deadlines i c amended in the following manner 5 day periods 10Cday periods 15 day pcriods 20 clay periods 25 day periods become become become become become 7 clay periods 14 day periods 14 day periods 21 day periods 28 clay periods
32
712
Rule 1020. Small Business Chapter 11 Reorganization Case"
I
2 3 4 5 6 7 8 9 I0 I1
(a) SMALLBUSINESS DEBTOR DESIGNATION In
a voluntary chapter II case, the debtor shall state in tile petition whether the debtor is a small business debtor In an involuntary chapter 11 case, the debtor shall file within +5 14 days after entry of the order for relief a statement as to whether the debtor is a small business debtor. Except as
provided in subdivision (c), the status of the case as a small business case shall be in accordance with the debtor', statement under this subdivision, unless and until the court enters an order finding that the debtor's statement is incorrect
COMMITTEE NOTE The rule is amended to implement changes in connection with the amendment to Rule 9006(a) and the manner by which time is computed under the rules The deadline in the rule is amended to substitute a deadline that is a multiple of seven days Throughout the rules, deadlines are amended in the following manner Incorporates amendments approved by the Supreme Court that are due to take effect on Dcceniber 1, 2008, if Congress takes no action to the contrary
33
713
5 day periods 10 day periods 15 day periods 20 day periods 25 day periods
become become become become become
7 day periods 14 day periods 14 day periods 21 day periods 28 day periods
Rule 2002. Notices to Creditors, Equity Security Holders, Administrators in Foreign Proceedings, Persons Against Whom Provisional Relief is Sought in Ancillary and Other Cross-Border Cases, United States, and United States Trustee*... I 2 3 4 5 6 7 8 9 10 II (b) TWENTY WiVE-EIGHT-DAY NOTICES TO (a) TWENTY-ONE-DAY NOTICES TO PARTIES IN INTEREST. Except as provided in subdivisions (h), (), (0), (p), and (q) of this rule, the clerk, or some other person as the court may direct, shall give the debtor, the trustee, all creditors and indenture trustees at least 2-0 21 days' notice by mail of
PAR FIES IN INTEREST Except as provided in subdivision (1) of this rule. the clerk, or some other person as the court may direct, shall give the debtor, the trustee, all creditors and
.... Incorporates amendments approved by the Supreme Court that are due to take efiect on December 1, 2008, if Congress takes no action to the contrary 34
714
12 13 14 15 16 17 is 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33
indenture trustees not less than z5 28 days notice by mail of the time fixed (1) foi filing objections and the hearing to consider approval of a disclosure statement or, under ý 1125(f), to make a final determination whether the plan provides adequate information so that a separate disclosure statement is not necessary, and (2) for filing objections and the hearing to consider confirmation of a chapter 9, chapter 11, or chapter 13 plan
(o)
NOTICE
OF
ORDER
FOR
RELIEF
IN
CONSUMER CASE In a voluntary case commenced by an individual debtor whose debts are primarily consumer debts, the clerk or some other person as the court may direct shall give the trustee and all creditors notice by mail of the order for relief within ± 221 days from the date thereof (q) NOTICE OF PETfI'ION FOR RECOGNITION OF FOREIGN PROCEEDING AND OF COURT'S INTENTION TO COMMUNICATE WITH FOREIGN COURTS AND FOREIGN REPRESENTATIVES (1) Aozclc of Pctition for Recognition The clei k, or some other person as the court may diiect, shall forthwith give the debtor, all pei sons or bodies authorized to adniinistci
35
715
34 35 36 37 38 39 40 41 42
foreign proceedings of the debtor, all entities against whom provisional relief is being sought under § 1519 of the Code, all parties to litigation pending in the United States in which the debtor is a party at the time of the filing of the petition, and such other entities as the court may direct, at least 20 21 days' notice by mail of the hearing on the petition for recognition of a foreign proceeding The notice shall state
whether the petition seeks recognition as a foreign main proceeding or foreign nonmain proceeding.
COMMITTEE NOTE
The rule is amended to implement changes in connection with the amendment to Rule 9006(a) and the manner by which time is computed under the rules- The deadline in the rule is amended to substitute a deadline that is a multiple of seven days. Throughout the rules, deadlines are amended in the following manner 5 day periods 10 day periods 15 day periods 20 (lay periods 25 day periods Rule 2003. become become become become become 7 day periods 14 day periods 14 day periods 21 day periods 28 day periods
Meeting of Creditors or Equity Security
36
716
Holders ........ (a) DATE AND PLACE Except as otherwise provided 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 in § 341 (e) of the Code, in a chapter 7 liquidation or a chapter 11 reorganization case, the United States trustee shall call a meeting of creditors to be held no fewer than 2*) 21 and no more than 40 days after the order for relief In a chapter 12 family farmer debt adjustment case, the United States trustee shall call a meeting of creditors to be held no fewer than 2*0 21 and no more than 35 days after the order for relief In a chapter 13 individual's debt adjustment case, the United States trustee shall call a meeting of creditors to be held no fewer than 20 21 and no more than 50 days after the ordcr for relief If there is an appeal from or a motion to vacate the order for relief, or if there is a motion to dismiss the case, the United States trustee may set a later date for the meeting The meeting may be held at a regular place for holding court or at any other place designated by the United States trustee within the district convenient for the parties in interest If the Jited n States trustee designates a place for the meeting which is not regularly staffed by the United States trustee oi an assistant
Incorporates amendments approved by the Supreme Court that are due to take effect on December 1, 2008, if Congress takes no action to the contrary 37
717
20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40
who may preside at the meeting. the meeting mnay be held not more than 60 days after the order for relief
(d) REPORT OF ELECTION AND RESOLU I-ION OF DISPUTES IN A CHAPTER 7 CASE.
(2) Disputed Election If the election is disputed, the United States trustee shall promptly file a report stating that the election is disputed, inforinng the court of the nature of the dispute, and listing the name and address of any candidate elected under any alternative presented by the dispute No later than the date on which the report is filed,
the United States trustee shall mail a copy of the report to any party in interest that has made a request to receive a copy of the report Pending disposition by the court of a disputed election for trustee, the interim trustee shall continue in office Unless a motion lbr the resolution of the dispute is filed no later than -0 14 days after the United States trustee files a teport of"a disputed election for trustee, the interim trustee shall set\e as a trustee in the case
38
718
COMMITTEE NOTE The rule is amended to implement changes in connection with the amendment to Rule 9006(a) and the manner by which time is computed under the rules The deadline in the rule is amended to substitute a deadline that is a multiple of seven days Throughout the rules, deadlines are amended in the following manner 5 day periods 10 day periods 15 day periods 20 day periods 25 day periods become become become become become 7 day periods 14 day periods 14 day periods 21 day periods 28 day periods
Rule 2006. Solicitation and Voting of Proxies in Chapter 7 Liquidation Cases
2 3 4 5 6 7 8 9 10
(c) AUTHORIZED SOLICITATION (1) A proxy may be solicited only by (A) a creditor owning an allowable unsecured claim against the estate on the date of the filing of the petition. (B) a committee elected pursuant to § 705 of the Code, (C) a committee of creditors selected by a majority in number and amount of claims of creditors (i) " hose claims are not contingent or unliquidated,
who are not dlisqualified from voting under § 702(a) of the Code and (ni) who were present or represented at a meeting39
719
II 12 13 14 15 16 17 18 19 20
of which all creditors having claius of over $500 or the 100 creditors having the largest claims had at least fhm seven days notice in writing and of which meeting written minutes were kept and are available reporting the names of the creditors present or represented and voting and the amounts of theiclaims, or (D) a bona fide trade or credit association, but such association may solicit only creditors who were its members or subscribers in good standing and had allowable unsecured claims on the date of the filing of the petition
COMMITTEE NOTE The rule is amended to implement changes in connection with the amendment to Rule 9006(a) and the manner by which time is computed under the rules The deadline in the rule is amended to substitute a deadline that is a multiple of seven days Throughout the rules, deadlines are amended in the following manner5 day periods 10 day periods 15 day periods 20 day periods 25 day periods become become become become become 7 day periods 14 day periods 14 day periods 21 day periods 28 day periods
Rule 2007.
Review
of Appointment
of Creditors'
40
720
Committee Organized Before Commencement of the Case
2 3 4 5 6 7 8 9 10 II 12 13 14 15 16
(b) SELECTION OF MEMBERS OF COMMITTEE The court may find that a committee organized by unsecured creditors before the commencement of a chapter 9 or chapter 11 case was fairly chosen if (1) it was selected by a majority in number and amount of claims of unsecured creditors who may vote under § 702(a) of the Code and were present in person or represented at a meeting of which all creditors having unsecured claims of over $1,000 or the 100 unsecured creditors having the largest claims had at least fire seven days notice in writing, and of which meeting written minutes reporting the names of the creditors present or represented and voting and the amounts of their claims were kept and are available for inspection:
COMMITTEE NOTE The rule is amended to implement changes in connection with the amendment to Rule 9006(a) and the manner by which time is computed under the rules The deadline in the rule is amended to substitute a deadline that is a multiple of seven days Throughout thle rules, deadlines are amended in the following mannei
41
721
5 (lay periods 10 day periods 15 day periods 20 day periods 25 day periods
become 7 clay pet iods become 14 day pei iods become 14 day periods become 21 day periods become 28 day periods
Rule 2007.2. Appointment of Patient Care Ombudsman in a Health Care Business Case-..... I 2 3 4 5 6 7 8 9 10 I1 COMMITTEE NOTE (a) ORDER TO APPOINT PATIENT CARE
OMBUDSMAN In a chapter 7, chapter 9, or chapter II case in which the debtor is a health care business, the court shall order the appointment of a patient care ombudsman under § 333 of the Code, unless the court, on motion of the United States trustee or a party in interest filed no later than 26 21 days after the commencement of the case or within another time fixed by the court, finds that the appointment of a patient care ombudsman is not necessary under the specific circumstances of the case foi the protection of patients
Incorporates amendments approved by the Supreme Court that are due to take effect on December I, 2008, if Congress takes no action to the contrary 42
722
The rule is umended to implement changes in connection with the amendment to Rule 9 006(a) and the manner by which time is computed undei tile rules The deadline in the rule is amended to substitute a deadline that is a multiple of seven days Throughout the rules, deadlines are amended in the following manner. 5 day 10 day 15 day 20 day 25 day periods periods periods periods periods become become become become become 7 day periods 14 day periods 14 day periods 21 day periods 28 day penods
Rule 2008. Notice to Trustee of Selection I 2 3 4 5 6 7 8 9 10 II 12 13 43 The United States trustee shall immediately notify the person selected as trustee how to qualify and, if applicable. the amount of the trustee's bond A trustee that has filed a
blanket bond pursuant to Rule 2010 and has been selected as trustee in a chapter 7, chapter 12, or chapter 13 case that does not notify the court and the United States trustee in writing of rejection of the office within fivc seven days after receipt of notice of selection shall be deemed to have accepted the otfice Any other person selected as trustee shall notify the court and the United States trustee in writing of acceptance of the office within five seven days after receipt of notice of selection or shall be deemed to have rejected the office
723
COMMITTEE NOTE The rule is amended to implement changes in connection with the amendment to Rule 9006(a) and the manner by which time is computed under the rules The deadline in the rule is amended to substitute a deadline that is a multiple of seven days. Throughout the rules, deadlines are amended in the following manner' 5 day periods 10 day periods 15 day periods 20 day periods 25 day periods become become become become become 7 day penods 14 day periods 14 day periods 21 day periods 28 day periods
Rule 2015. Duty to Keep Records, Make Reports, and Give Notice of Case or Change of Status" ..... I 2 (a) TRUSTEE OR DEBTOR IN POSSESSION trustee or debtor in possession shall. A
4 5 6
(6) in a chapter 11 small business case, unless the court, for cause, sets another reporting interval, file and tiansmit to the United States trustee for each calendar month
Incorporates amendments approved by the Supreme Court that are due to take effect on December I, 2008. if Congress takes no action to the contrary 44
724
7 8 9 10 1I 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
after the ordei foI relIef, on the appropriate Official Form, thie report required by 3018 It the order for relief is within the first 15 days of a calendar month, a report shall be filed for the portion of the month that follows the order for relief If the order for relief is after the 15" day of a calendar month, the period for the remainder of the month shall be included in the report for the next calendar month Each report shall be filed no later than 20 21 days after the last day of the calendar month following the month covered by the report The obligation to file reports under this subparagraph terminates on the effective date of the plan, or conversion or dismissal of the case
(d) FOREIGN REPRESENTATIVE. In a case in which the court has granted recognition of a foreign proceeding under chapter 15, the foreign representative shall file any notice required under § 1518 of the Code within +5 14 days after the date when the representative becomes aware of the subsequent information
COMMITTEE NOTE The rule is amended to implement changes in connection
45
725
with the amendment to Rule 9006(a) and the mnanner by which time is computed under the rules The deadline in the rule is amended to substitute a deadline that is a multiple of seven clays Throughout the rules, deadlines are amended in the following manner 5 day periods 10 day periods 15 day periods 20 day periods 25 day periods
Rule 2015.1. I 2 3 4 5 6 7 8 9
become 7 day periods become 14 day periods become 14 day periods become 21 day periods become 28 day periods
Patient Care Ombudsman** .... **... Unless the court orders otherwise, a
(a) REPORTS
patient care ombudsman, at least ±0 14 days before making a report under § 333(b)(2) of the Code, shall give notice that the report will be made to the court The notice shall be
transmitted to the United States trustee, posted conspicuously at the health care facility that is the subject of the report, and served on the debtor, the trustee; all patients, and any committee elected under § 705 or appointed under § 1102 of the Code or its authorized agent, ot, if the case is a chapter 9
Incorporates amendments approved by the Supreme Court that are due to take effect on December 1, 2008. if Congress takes no action to the contrary
46
726
10
II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30
inLunicipality case or a chapter I I reorganization case and no cominttcc of unSccuCd creditors has been appointed under
§ 1102, on the creditors included on the list filed under Rule
1007(d), and such other entities as the court may direct The notice shall state the date and time when the report will be made, the manner in which the report will be made, and, ifthe report is in writing, the name, address, telephone number. email address, and website, if any, of the person from whom a copy of the report may be obtained at the debtor's expense (b) AUTHORIZATION TO REVIEW
CONFIDENTIAL PATIENT RECORDS
A motion by a
health care ombudsman under § 333(c) to reviewv confidential patient records shall be governed by Rule 9014, served on the patient and any family member or other contact person whose name and address has been given to the trustee or the debtor for the purpose of providing information regarding the patient's health care, and transmitted to the United States trustee subject to applicable nonbankruptcy law relating to patient privacy Unlscs the court orders otherwise, a hearing on the motion mnay not be commenced earlier than +5 14 days after scrxvice of the motion ('OMMITTEE NOTE 47
727
The rule is amended to inplemeent changes in connection with the amendment to Rule 9 006(a) and the lnannei by which time is computed under the rules The deadline in the rule is amended to substitute a deadline that is a multiple of seven days Throughout the rules, deadlines are amended in the following manner. 5 day periods 10 day periods 15 day periods 20 day periods 25 day periods become become become become become 7 day periods 14 day periods 14 day periods 21 day periods 28 day periods
Rule 2015.2. Transfer of Patient in Health Care Business Case I 2 3 4 5 6 7 8 Unless the court orders otherwise, if the debtor is a health care business, the trustee may not transfer a patient to another health care business under § 704(a)(12) of the Code unless the trustee gives at least -O 14 days' notice of the transfer to the patient care ombudsman, if any, the patient, and any family member or other contact peison whose name and address has been given to the trustee or the debtor fbi the purpose of pioviding information regarding the patient's
Incorporates amendments approved by the Supreme Court that die due to take effect on December 1, 2008. i Congress takes no action to the contrary 48
728
9 10
health care The notice is subject to applicable nonbankruptc\ lam ielating to patient pi vacy
COMMITTEE NOTE The rule is amended to implement changes in connection with the amendment to Rule 9 006(a) and the manner by which time is computed under the rules. The deadline in the rule is amended to substitute a deadline that is a multiple of seven days Throughout the rules, deadlines are amended in the following manner 5 day periods 10 day periods 15 day periods 20 day periods 25 day periods become 7 day periods become 14 day periods become 14 day periods become 21 day periods become 28 day periods
Rule 2015.3. Reports of Financial Information on Entities in Which a Chapter 11 Estate Holds a Controlling or Substantial Interest*******
2 3 4
(b) TIME FOR FILING, SERVICE
The first report
required by this rule shall be filed no later than five seven days before the first date set for the meeting of creditors under
Incorporates amendments approved by the Supreme Court that are due to take effect on Decembet I, 2008, if Congress takes no action to the contrary 49
729
5 6 7 8 9 10 11*** 12 13 14 15 16 17 18 19 20 21 22 23
§ 341 of the Code. Subsequent reports shall be filed no les frequently than every six months thereaftei, LntI] the effective date of a plan or the case is dismissed or converted Copies
of the rcport shall be served on the United States trustee, any committee appointed under § 1102 of the Code, and any other party in interest that has filed a request therefor
(e) NOTICE AND PROTECTIVE ORDERS
No later
than 9 221 days before filing the first report required by this rule, the trustee or debtor in possession shall send notice to the entity in which the estate has a substantial or controlling interest, and to all holdersknown to the trustee or debtor in
possession----of an interest in that entity, that the trustee or debtor in possession expects to file and serve financial information relating to the entity in accordance with this rule The entity in which the estate has a substantial or controlling interest, or a person holding an interest in that entity, may request protection of the information under § 107 of the ('ode
COMMITTEE NOTE The rule is amended to implement changes in connection 50
730
with tile amenldimclnt to Rule 9 0 06(a) and the manner by which time Is computed under the rules The deadline in the rule is amended to substitute a deadline that is a multiple of seven days Th oughout the rules, deadlines are amended in the following manner 5 clay periods I (I) day periods 15 day periods 20 day periods 25 day periods become become become become become 7 day periods 14 day periods 14 day periods 21 day periods 28 day periods
Rule 2016. Compensation for Services Rendered and Reimbursement of Expenses********
2
3 4 5 6 7
(b) DISCLOSURE OF COMPENSATION PAID OR PROMISED TO ATTORNEY FOR DEBTOR Every attorney for a debtor, whether or not the attorney applies for compensation, shall file and transmit to the United States trustee within +5 14 days after the ordei for relief, or at another time as the court maydirect, the statement required by
In addition, the Advisory Committee on Bankruptcy Rules has recommended approval of a proposed technical amendment to Rule 2 016(c), which also would take effect on December 1, 2009, if the Committee on Rules of Practice and Procedure, the Judicial Conference, and the Supreme Court approx c and if Congress takes no action to the conti ary The pioposed technical amendment is set out in Part I D of this report 51
731
8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
§ 329 of the Code including whether the attorney has shared or agreed to share the compensation with any other entity The statement shall include the parlicula-s ofany such sharing or agreement to share by the attorney, but the details of any agreement for the sharing ofthe compensation with a member oi regular associate of the attorney's law firm shall not be required A supplemental statement shall be filed and transmitted to the United States trustee within 1-5 14 days after any payrnent or agreement not previously disclosed (c) DISCLOSURE OF COMPENSATION PAID OR PROMISED TO BANKRUPTCY PETITION PREPARER Every bankruptcy petition preparer for a debtor shall file a declaration under penalty of perjury and transmit the declaration to the United States trustee within -1-0 14 days after the date of the filing of the petition, or at another time as the court may direct. as required by § I I0(h)(1 ). The declaration must disclose any fee, and the source of any lee, received from or onl behalfof the debtor within 12 months ofthe filing of the case and all unpaid fees charged to the debtor I he declaration must describe the serx ices performed and documents prepared or caused to be prepared
by the
52
732
29 30 3] 32
bankruptcy petition preparer A supplemental statement shall be filed within LO 14 (lays after any payment or agreement not previously disclosed
COMMITTEE NOTE The rule is amended to implement changes m connection with the amendment to Rule 9006(a) and the manner by which time is computed under the rules The deadline in the rule is amended to substitute a deadline that is a multiple of seven days. Throughout the rules, deadlines are amended in the following manner 5 day periods 10 day periods 15 day periods 20 day periods 25 day periods become become become become become 7 day periods 14 day periods 14 day penods 21 day periods 28 day periods
Rule 3001. Proof of Claim
2 3 4 5 6 7
(e) TRANSFERRED CLAIM
(2) Ti nes/er of('lamin O/ihcrthmii for Securityafiite Proof Fzled If a claim other than one based on a publicly
traded note, bond, or debenture has been transferred othei than for security after the proof of claim has been filed. 53
733
8 9
evidence of the transfer shall be filed by the tiansferee The clerk shall immediately notify the alleged transferor by mail of the filing of the evidence of transfer and that objection thereto, if any, must be filed within 2-) 21 days of the mailing of the notice or within any additional time allowed by the court If the alleged transferor files a timely objection and the court finds, after notice and a hearing, that the claim has been transferred other than for security, it shall enter an order substituting the transferee for the transferor If a tmnely
I0
II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
27,
objection is not filed by the alleged transferor, the transferee shall be substituted for the transferor
(4)
Transfer of Claim for Security after Proof
Filed. If a claim other than one based on a publicly traded note, bond, or debenture has been transferred for security after the proof of claim has been filed, evidence of the terms of the transfer shall be filed by the transferee ' he clerk shall
immediately notify the alleged transferor by mail of the filing of the evidence of transfer and that objection thereto, if any, must be filed within 2-0 21 days of the mailing of the notice or within any additional time allowed by the court If a tincly
28
54
734
29 30 31 32 33 34 35 36 37 38
objection is filed by the alleged transferor, the court, after notice and a hearing, shall determine whether the claim has been transferred for security If the transferor or transferee
does not file an agreement regarding its relative rights respecting voting of the claim, payment of dividends thereon, or participation in the administration of the estate, on motion by a party in interest and after notice and a hearing, the court shall enter such orders respecting these matters as may be appropriate
COMMITTEE NOTE
The rule is amended to implement changes in connection
with the amendment to Rule 9006(a) and the manner by which time is computed under the rules The deadline in the rule is amended to substitute a deadline that is a multiple of seven days Throughout the rules, deadlines are amended in the following manner 5 day periods 10 day periods 15 day periods 20 day periods 25 day petiods become become become become become 7 day periods 14 day periods 14 day periods 21 day periods 28 day periods
Rule 3015. Filing. Objection to Confirmation, and Modification ol a Plan in a Chapter 12 Family Farmer's Debt Adjustment or a Chapter 13 Individual's Debt
S5
735
Adjustment Case
2 3 4 5
6 7 8 9 10 11 12 13 14 15 16 17 18 19 20
(b) CHAPTER 13 PLAN The debtormay file a chapter 13 plan with the petition If a plan is not filed with the 5-I14 days thereafter, and
petition, it shall be filed within
such time may not be further extended except for cause shown
and on notice as the court may direct If a case is converted to chapter 13, a plan shall be filed within 1-5 14 days thereafter, and such time may not be further extended except for cause shown and on notice as the court may direct
(g)
MODIFICATION
OF
PLAN
AFTER
CONFIRMATION
A request to modify a plan pursuant to
§ 1229 or § 1329 of the Code shall identify the proponent and shall be filed together with the proposed modification The
clerk, or some other person as the court may direct, shall give the debtor, the trustee, and all creditors not less than 2-0 21 clays notice by mail of the time fixed for filing objections and,
if an objection is filed, the hearing to consider the proposed
modification, unless the court orders otherwise with iespect to creditors who are not affected 56 by the proposed
736
21 22 23 24 25 26 27 28 29 30 31 32
modification
A copy of the notice shall be transmitted to the
United States trustee A copy of the proposed modification. or a summary thereof, shall be included with the notice If
required by the court, the proponent shall furnish a sufficient number of copies of the proposed modification, or a summary thereof, to enable the clerk to include a copy with each notice Any objection to the proposed modification shall be filed and served on the debtor, the trustee, and any other entity designated by the court, and shall be transmitted to the United States trustee An objection to a proposed modification is
governed by Rule 9014
COMMITTEE NOTE The rule is amended to implement changes in connection with the amendment to Rule 9006(a) and the manner by which time is computed under the rules. The deadline in the rule is amended to substitute a deadline that is a multiple of seven days Throughout the rules, deadlines are amended in the following manner 5 10 15 20 25 day day day day clay periods periods periods periods periods become become become become become 7 day periods 14 day periods 14 day periods 21 day perods 28 day periods
57
737
Rule 3017. Court Consideration of Disclosure Statement in a Chapter 9 Municipality or Chapter II Reorganization Case I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 is (a) HEARING ON DISCLOSURE STATEMENI AND OBJECTIONS Except as provided in Rule 3017 1, afler a
disclosure statement is filed in accordance with Rule 3016(b), the court shall hold a hearing on at least z5 28 days' notice to the debtor, creditors, equity security holders and other parties in interest as provided in Rule 2002 to consider the disclosure statement and any objections or modifications thereto The
plan and the disclosure statement shall be mailed xx th the notice of the hearing only to the debtor, any trustee ot committee appointed under the Code, the Securities and Exchange Commission, and any party in interest who requests in writing a copy of the statement or plan. Objections to the disclosure statement shall be filed and served on the debtoi. the trustee, any committee appointed under the Code, and any other entity designated by the court, at any time before the disclosure statement is approved or by an earlier date as the court may fix In a chapter 11 reorganization case, every
notice, plan, disclosure statement, and objection required to
58
738
19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36
be served or mailed pursuant to this subdivision shall be transmitted to the United States trustee within the time provided in this subdivision
(0 DOCUMENTS
NOTICE TO
AND
TRANSMISSION SUBJECT TO
OF AN
ENTITIES
INJUNCTION UNDER A PLAN
If a plan provides for an
injunction against conduct not otherwise enjoined under the Code and an entity that would be subject to the injunction is not a creditor or equity security holder, at the hearing held under Rule 3017(a). the court shall consider procedures for providing the entity with (1) at least 2-5 28 days' notice of the time fixed for filing objections and the hearing on confirmation of the plan containing the information described in Rule 2002(c)(3); and (2) to the extent feasible, a copy of the plan and disclosure statement
COMMITTEE NOTE The rulc is amended to implement changes in connection with the amendment to Rule 9006(a) and the manner by which time is computed undei the rules The deadline in the rule is amended to substitute a deadline that is a multiple of
59
739
seven days Throughout the rules, deadlines are amended InI
the following manner: 5 day periods become 7 day periods 10 day periods become 14 day periods 15 day periods become 14 day periods 20 day periods become 21 day periods 5 day periods become 28 day periods
Rule 3019. Modification of Accepted Plan in a Chapter 9 Municipality or Chapter 11 Reorganization Case ..... ..
I 2 3 4 5 6 7 8
(b)
MODIFICATION
OF
PLAN
AFTER
CONFIRMATION IN INDIVIDUAL DEBTOR CASE Ifthe debtor is an individual, a request to modify the plan under § 1127(e) of the Code is governed by Rule 9014 The request shall identify the proponent and shall be filed together with the proposed modification The clerk, or some other person
as the court may direct, shall give the debtor, the trustee, and all creditors not less than 20 21 days' notice by mail of the
Incorporates amendments appi oved by the Supreme Court that are due to take effect on December I 2008, if Congress takes no action to the contrary
-
60
740
9 10 I1 12
13 14 15 16 17 18 19
time fixed to file objections and, if an objection is filed, the hearing to consider the proposed modification, unless the court orders otherwise with respect to creditors who are not affected by the proposed modification A copy of the notice
shall be transmitted to the United States trustee, together with a copy of the proposed modification Any objection to the
proposed modification shall be filed and served on the debtor, the proponent of the modification, the trustee, and any other entity designated by the court, and shall be transmitted to the United States trustee
COMMITTEE NOTE
The rule is amended to implement changes in connection with the amendment to Rule 9006(a) and the manner by which time is computed under the rules The deadline in the rule is amended to substitute a deadline that is a multiple of seven days Throughout the rules, deadlines are amended in the following manner 5 day periods 10 day periods 15 day periods 20 clay periods 25 day periods become become become become become 7 day periods 14 day periods 14 day periods 21 day periods 28 day periods
Rule 3020. Deposit; Confirmation of Plan in a Chapter 9 61
741
Municipality or Chapter 11 Reorganization Case
2 3 4
(c) STAY OF CONFIRMATION ORDER
An order
confirming a plan is stayed until the expiration of-h0 14 (lays after the entry of the order unless the court orders otherwise
COMMITTEE NOTE The rule is amended to implement changes in connection with the amendment to Rule 9006(a) and the manner by which time is computed under the rules. The deadline in the rule is amended to substitute a deadline that is a multiple of seven days Throughout the rules, deadlines are amended in the following manner 5 day periods 10 day periods 15 day periods 20 day periods 25 day periods become become become become become 7 day periods 14 day periods 14 day periods 21 day periods 28 day periods
Rule 4001. Relief from Automatic Stay; Prohibiting or Conditioning the Use, Sale, or Lease of Property; Use of Cash Collateral; Obtaining Credit; Agreements (a) RELIEF FROM STAY, PROHIBITING OR
62
742
2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23
CONDITIONING PROPER'I Y
THE USE. SALE,
OR LEASE OF
(3) Slai @ofOide;
An oidei granting a motion for
relief from an automatic stay made in accordance with Rule 4001(a)(l) is stayed until the expiration of-O 14 days after the entry of the order, unless the court orders otherwise (b) USE OF CASH COLLATERAL
(2) Hearing
[he court may commence a final
hearing on a motion for authorization to use cash collateral no earlier than 1-5 14 days after service of the motion If the
motion so requests, the court may conduct a preliminary hearing before such +5 14 day period expires, but the court may authorize the use of only that amount of cash collateral as is necessary to avoid immediate and irreparable harm to the estate pending a final hearing
(c) OB1'AINING ('REDIT ** I * × (2) [Icaring The court may commence a final heai ig on a motion foi authority to obtain credit no earlier
63
743
24 25 26 27 28 29
than 1`5 14 days after service of the motion
It the motion sO
requests, the court may conduct a hearing beibre such I-5 14 day period expires, but the court may authorize the obtaining of ci edit only to the extent necessary to a' oid immediate and irreparable harm to the estate pending.a final heai ing
COMMITTEE NOTE The rule is amended to implement changes in connection with the amendment to Rule 9006(a) and the manner by which time is computed under the rules The deadline in the rule is amended to substitute a deadline that is a multiple of seven days Throughout the rules, deadlines aie amended in the following manner. 5 10 15 20 25 day day day day day periods periods penods periods periods become become become become become 7 day periods 14 day periods 14 day periods 21 day periods 28 day periods
Rule 4002. Duties of Debtor- .............
lncorpoiates amendments approvcd by the Supience (Court that are due to take effect on December 1 2008, if Congress takes no action to the contrary 64
744
2 3 4 5 6 7 8 9 10 II 12 13 14
(b) INDIVIDUAL DEBTOR'S DUTY TO PROVIDE DOCUMENTATION
(4)
Tax Rcl'n/I
PioTvldcid to Ciedtors
If a
creditor, at least --5 14 days before the first date set for the meeting of creditors under § 341, requests a copy of the debtor's tax return that is to be provided to the trustee under subdivision (b)(3), the debtor, at least 7 days before the first date set for the meeting of creditors under § 34 1, shall provide to the requesting creditor a copy of the return, including any attachments, or a transcript of the tax return, or provide a written statement that the documentation does not exist
COMMITTEE NOTE The rule is amended to implement changes in connection with the amendment to Rule 9 006(a) and the manner by which tnine is computed under the rules The deadline in the rule is amended to substitute a deadline that is a multiple of seven days Throughout the rules, deadlines are amended in the following manner 5 clay periods 10 day periods 15 day periods 20 clay periods 25 day periods become become become become become 65 7 day periods 14 day periods 14 day periods 21 day periods 28 day periods
745
Rule 4004. Grant or Denial of Discharge
I
2 3 4
(a) TIME FOR FILING COMPLAINT OBJECTING
TO DISCHARGE, NOTICE OF TIME FIXED In a chapter 7 liquidation case a complaint objecting to the debtor's discharge under § 727(a) of the Code shall be filed not later
5 6 7
8 9 10 II 12
than 60 days following the first date set for the meeting of creditors under § 341 (a) In a chapter 1I reorganization case, the complaint shall be filed not later than the first date set for
the hearing on confirmation. At least z'5 28 days notice of the time so fixed shall be given to the United States trustee and all creditors as provided in Rule 2002(0 and (k) and to the trustee and the trustee's attorney
COMMITTEE NOTE The rule is amended to inplement changes in connection with the amendment to Rule 9 006(a) and the manner by which time is computed under the rules Die deadline in the rule is amended to substitute a deadline that is a multiple of seven days Throughout the rules, deadlines arc amended in the following manner: 5 day periods become 7 day periods 66
746
10 Cday periods become 14 day periods 15 clay periods become 14 clay periods 20 day periods become 21 day periods 25 clay periods become 28 day periods
Rule 6003. Interim and Final Relief Immediately Following the Commencement of the Case-Applications for Employment; Motions for Use, Sale, or Lease of Property; and Motions for Assumption or Assignment of Executory Contracts I 2 3 4 5 6 7 8 9 J0 II Except to the extent that relief is necessary to avoid immediate and irreparable harm, the court shall not, within 20 21 days after the filing of the petition, grant relief regarding the following (a) an application under Rule 2014, (b) a motion to use, sell, lease, or otherwise incur an obligation regarding property of the estate, including a motion to pay all or part of a claim that arose before the filing of the petition, but not a motion under Rule 4001, and (c) a motion to assume or assign an executory contract or unexpired lease in accordance with § 365
('OMMITTEE NOTE The rule is amended to implement changes in connection 67
747
with the amendment to Rule 9006(a) and the manner by which time is computed under the rules The deadline in the rule is amended to substitute a deadline that is a multiple of seven days Throughout the rules, deadlines are amended in the following manner 5 day periods 10 day periods 15 day periods 20 day periods 25 day periods become 7 day periods become 14 day periods become 14 day periods become 21 day periods become 28 day periods
Rule 6004. Use, Sale, or Lease of Property ..........
2 3 4 5 6 7 8 9
(b) OBJECTION TO PROPOSAL Except as provided in subdivisions (c) and (d) of this rule, an objection to a proposed use, sale, or lease of property shall be filed and served not less than five seven days before the date set for the proposed action or within the time fixed by the court An
objection to the proposed use, sale, or lease of property is gomerned by Rule 9014
Incorporates amendments approved by the Supreme Court that are due to take effect on December I. 2008. it Congress takes no action to the contrary 68
748
10
11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31
(d)
SALE
OF
PROPERTY
UNDER
$2,500
Notwithstanding subdivision (a) of this rule, when all of the nonexempt property of the estate has an aggregate gross value less than $2,500, it shall be sufficient to give a general notice of intent to sell such property other than in the ordinary course of business to all creditors, indenture trustees, committees appointed or elected pursuant to the Code, the United States trustee and other persons as the court may direct. An
objection to any such sale may be filed and served by a party in interest within 1-5 14 days of the mailing of the notice, or within the time fixed by the court An objection is governed by Rule 9014
(g)
SALE
OF
PERSONALLY
IDENTIFIABLE
INFORMATION
(2)
Appointmeit
If a consumer privacy
ombudsman is appointed under § 332, no later than 5 seven days before the hearing on the motion under § 363(b)(1)(B), the United States trustee shall file a notice of the appointment, including the name and address ofthe person appointed The United States trustee's notice shall be accompanied by a
69
749
32 33
34 35 36 37 38 39 40 41
verified statement of the person appointed setting forth the person-s connections with the debtor, creditors, any other
party in interest, their respective attorneys and accountants, the United States trustee, or any person employed in the office of the United States trustee. (h) STAY OF ORDER AUTHORIZING USE, SALE, OR LEASE OF PROPERTY An order authorizing the use,
sale, or lease of property other than cash collateral is stayed until the expiration of -E0 14 days after entry of the order, unless the court orders otherwise
COMMITTEE NOTE The rule is amended to implement changes in connection with the amendment to Rule 9006(a) and the manner by which time is computed under the rules The deadline in the rule is amended to substitute a deadline that is a multiple of seven days. Throughout the rules, deadlines are amended in the following manner: 5 day 10 day 15 day 20 day 25 dlay periods become periods become periods become periods become periods become 7 day periods 14 day periods 14 day periods 21 day periods 28 day periods
70
750
Rule 6006. Assumption, Rejection or Assignment of an Executor) Contract or Unexpired Lease
2
(d)
STAY
OF
ORDER
AUTHORIZING
3
4 5 6 7
ASSIGNMENT An order authorizing the trustee to assign an executory contract or unexpired lease under See. 365(t) is stayed until the expiration ofTI) 14 days after the entry of the
order, unless the court orders otherwise
COMMITTEE NOTE The rule is amended to implement changes in connection with the amendment to Rule 9006(a) and the manner by which tuie is computed under the rules The deadline in the rule is amended to substitute a deadline that is a multiple of seven days Throughout the rules, deadlines are amended in the following manner 5 day I 0 day 15 day 20 (lay 25 day periods become periods become periods become periods become periods become 7 day periods 14 day periods 14 day periods 21 day periods 28 day periods
Rule 6007. Abandonment or Disposition of Property (a) NOTICE OF PROPOSED ABANDONMENT OR
71
751
2
3 4 5 6 7 8 9 I0 II 12 13***
DISPOSITION;
OBJECTIONS,
HEARING
Unless
otherwise directed by the court, the trustee or debtor in possession shall give notice of a proposed abandonment or disposition of property to the United States trustee, all creditors, indenture trustees, and committees elected pursuant to § 705 or appointed pursuant to § 1102 of the Code A party in interest may file and serve an objection within +5 14 days of the mailing of the notice, or within the time fixed by the court If a timely objection is made, the court shall set a
hearing on notice to the United States trustee and to other entities as the court may direct
COMMITTEE NOTE The rule is amended to implement changes in connection with the amendment to Rule 9 006(a) and the manner by which time is computed under the rules The deadline in the rule is amended to substitute a deadline that is a multiple of seven days. Throughout the rules, deadlines are amended in the following manner5 day periods 10 day periods 15 day periods 20 day periods become become become become 7 day periods 14 day periods 14 day periods 21 (lay peruods
72
752
25 day periods become 28 day periods
Rule 7004. Process; Service of Summons, Complaint
2 3 4 5 6 7 8 9 10 11
(e)
SUMMONS
TIME LIMIT FOR SERVICE If service is made
WITHIN THE UNITED STATES
pursuant to Rule 4(e)-Q) F R CivP it shall be made by delivery of the summons and complaint within 1-0 14 days following issuance of the summons If service is made byany authorized form of Iail, the summons and complaint shall be deposited in the mail within -0 14 days following issuance of the summons. If a summons is not timely delivered or
mailed, another summons shall be issued and served
COMMITTEE NOTE The rule is amended to implement changes in connection with the amendment to Rule 9006(a) and the manner by which time is computed under the rules The deadline in the rule is amended to substitute a deadline that is a multiple of seven days Throughout the rules, deadlines are amended in the following manner 5 day periods become 7 day periods 10 day periods become 14 day periods 15 day periods become 14 day periods
73
753
20 day penods become 21 (lay periods 25 day periods become 28 day periods
Rule 7012. Defenses and Objections-When and Hlow Presented-By Pleading or Motion-Motion for Judgment on the Pleadings I 2 3 4 5 6 7 8 9 I0 II 12 13 14 15 16 (a) WHEN PRESENTED If a complaint is duly
served, the defendant shall serve an answer within 30 days after the issuance of the summons, except when a different time is prescribed by the court The court shall prescribe the tune for service of the answer when service of a complaint is made by publication or upon a party in a foreign country A party served with a pleading stating a cross-claim shall serve an answer thereto within 20 21 days after service The
plaintiff shall serve a reply to a counterclaim in the answer within 2 21 days after service of the answer or. if a reply is ordered by the court, within 20 21 days after service of the order, unless the order otherwise directs The United States
or anr officer or agency thereof shall serve an answer to a complaint within 35 days after the issuance of the summons, and shall serve an answer to a cross-claim, or a reply to a counterclaim, within 35 days after service upon1 the United 74
754
17 18 19 20 21 22 23 24 25 26 27
States attorney of the pleading in which the claim is asserted hie service of a motion permitted under this rule alters these periods of time as follows. unless a different time is fixed by order of the court (1) if the court denies the motion or
postpones its disposition until the trial on the merits, the responsive pleading shall be served within -1-0) 14 days after notice ofthe court's action, (2) ifthe court grants a motion for a more definite statement, the responsive pleading shall be served within 1-0 14 days after the service of a more definite statement
COMMITTEE NOTE The rule is amended to implement changes in connection with the amendment to Rule 9006(a) and the manner by which time is computed under the rules The deadline in the rule is amended to substitute a deadline that is a multiple of seven days Throughout the rules, deadlines are amended in the fbllowing manner 5 day periods become 10 day periods become 15 day periods become 20 (lay periods become 25 day periods become 7 day periods 14 day periods 14 clay periods 2 1 day periods 28 day periods
Rule 8001.
Manner of Taking Appeal; 75
Voluntary
755
Dismissal; Certification to Court of Appeals
2 3 4 5 6 7 8 P 10 I1 12 13 14 15 16 17
(f)
CERTIFICATION FOR DIRECT APPEAL TO
COURT OF APPEALS
(3) Request for Certification, Filing, Service, Contents
(D) A party may file a response to a request for certification or a cross request within +0 14 days after the notice of the request is served, or another time fixed by the court
(4) Certificationon Court'is Own Initiative
(B) A party may file a supplementary short statement of the basis for certification within +1O 14 days after the certification
Incorporates amendments approved by the Supreme Court that are due to take effect on Deccnhei I, 2008, if Congress takes no action to the contiary 76
756
18
**** A.COMMITTEE NOTE The rule is amended to implement changes in connection with the amendment to Rule 9006(a) and the manner by which time is computed under the rules The deadline in the rule is amended to substitute a deadline that is a multiple of seven days Throughout the rules, deadlines are amended in the following manner 5 day 10 day 15 day 20 day 25 day periods periods penods periods period,; become become become become become 7 day periods 14 day periods 14 clay periods 21 day periods 28 clay periods
Rule 8002. Time for Filing Notice of Appeal
I 2 3 4 5 6 7 8 9 10 (a) T-E-N14-DAY PERIOD The notice of appeal shall be filed with the clerk within I+- 14 days of the date of the entry of the judgment, order, or decree appealed from If a
timely notice of appeal is filed by a party, any other party may file a notice of appeal within +0 14 days of the date on which the first notice of appeal was filed, or within the time othcrxx ise piescribed by this rule, whichever period last expires A notice of appeal filed aLter the announcement of a decision or order but before entry of the judgment, order, or decree shall be treated aLs filed aficr such entry and on the day 77
757
11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31
thereof
If a notice of appeal is mistakenly filed xxlth the
district court or the bankruptcy appellate panel, the cleik of the district court or the clerk of the bankruptcy appellate panel shall note thereon the date on which it was received and transmit it to the clerk and it shall be deemed filed with the clerk on the date so noted (b) EFFECT OF MOTION ON TIME FOR APPEAL If any party makes a timely motion of a type specified immediately below, the time for appeal for all parties runs from the entry of the order disposing of the last such motion outstanding. This provision applies to a timely motion
(4) for rehefunder Rule 9024 if the motion is filed no later than 1-0 14 days after the entry ofjudgment A notice of appeal filed after announcement or entry of the judgment, order, or decree but before disposition of any of the above motions is ineffective to appeal from the judgment, order, or decree, or part thereof, specified in the notice of appeal, until the entry of the order disposing of the last such motion outstanding. Appellate review of an order disposig of any of the above motions requires the party, in compliance with Rule
78
758
32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50
8001, to amend a prcevously filed notice of appeal
A party
intending to ClI lenge an a]teration or amendment of the judgment, order, or decree shall file a notice, or an amended notice, ofappeal within the time prescribed by this Rule 8002 measured firom the entry of the order disposing of the last such motion outstanding No additional fees will be required for filing an amended notice (c) EXTENSION OF TIME FOR APPEAL
(2) A request to extend the time for filing a notice of appeal must be made by written motion filed before the time for filing a notice of appeal has expired, except that such a motion filed not later than 2f) 21 days after the expiration of the time for filing a notice of appeal may be granted upon a showing of excusable neglect An extension of time for filing a notice of appeal may not exceed 2`6 21 days from the expiration of the time tor filing a notice of appeal otherwise presci ihed by this i ule or I+) 14 days from the date of entry of the order granting the nmotion, whichever is later COMMITTEE NOTE Fhe rule is amended to implement changes in connection with the aendment to Wule 9006(a) and the manner by 79
759
which time is computed under the rules I'hc deadline In the rule is amended to substitute a deadline that is a multiple of seven days Throughout the rules, deadlines are amended in the lollowing manner 5 day periods 10 day periods 15 day periods 20 day periods 25 day periods become become become become become 7 day periods 14 day periods 14 day periods 21 day periods 28 day periods
Public Comment on Proposed Amendments to Rule 8002 I. 07-BR-001 Matt McKee (Charlotte, NC attorney). Mr McKee states quite simply that a 30 day deadline is his preference He says that the change will not have a material impact in most cases. 2. 07-BR-002 Bankruptcy Judge Judith Wizmur (D.N.J.). Judge Wizmur supports the 14 day deadline and suggests that the Committee might consider whether some matters should be governed by a 30 day deadline and others by the 14 day deadline 3 07-BR-003 Bankruptcy Judge Margaret Dee McGarity (E.D. Wis.) Judge McGarity slightly favors the 14 day deadline over the 30 day deadline She notes that she does not feel particularly strongly about this, but notes that the 10 day period "can sometimes be problematic " 4 07-BR-004 Niki Heller (Senior Staff Attorney,
80
760
Tenth Circuit) Ms Hellei states that from an appellate
perspective, she prefeis 30 days which would make it consistent with other federal appeal deadlines She did not mention the 10 day appeal time in federal criminal cases
5 07-BR-005 Bankruptcy Judge Roger Efremsky (N.D. Cal.) Judge hfremsky suggests that the 14 day deadline "is a reasonable accommodation between the two other deadlines 07-BR-006 Bankruptcy Judge Terry Myers (D. Ida.) Judge Myers believes that the 14 day deadline would not make too much difference from the current deadline, but lie does not find the arguments in support of the longer 30 day deadline persuasive 7 07-BR-007 Max Tucker (Dallas, TX attorney) Mr. Tucker supports the extension ofthe deadline His preference is to allow 30 days He is unpersuaded by arguments that the bankruptcy process must move more quickly because in his experience, when a bankruptcy appeal is filed, resolution of that appeal often takes quite some time He also cites the doctrine of equitable mootness as a means to "weed out appeals where the delay results in prejudice" 8 07-BR-008 Bankruptcy Judge G. Harvey Boswell (W.D. Tenn.) Judge Boswell supports the 14 day deadline and sees no negative impact 9 07-BR-009 Bankruptcy Judge Henry Boroff (D. Mass.) fudge Boroff prefers to keep the 10 day deadline for filing a notice ofappeal I[e states that making it 14 days will still present the piospect of catching the non-bankruptcy 81 6
761
attorney unaware of the deadline, and he rejects the adoption
of the 30 day deadline as inconsistent with the need for "prompt final dispositions in bankruptcy cases " 10 07-BR-010 Bankruptcy Judge Christopher Sontchi (D. Del.) Judge Sontchi approves the idea of a 14 day deadline, but he strongly opposes a 30 day deadline He notes that the interdependence of the orders in cases, particularly chapter 11 cases, requires an appeal deadline of shorter than 30 days. 11 07-BR-Oll Bankruptcy Judge Raymond Lyons (D. N.J.) Judge Lyons generally favors a 30 day deadline, at least for adversary proceedings. Other orders, including thosc governed by §§ 363(m) and 364(e) would be governed by a shorter deadline (he does not indicate a preference for eithei 10 or 14 days) He also notes that some parties are unwilling to rely on the doctrine of equitable mootncss to proceed xvith a transaction 12. 07-BR-012 Bankruptcy Judge Judith Fitzgerald (W.D. Pa.) Judge Fitzgerald opposes any change from the current 10 day limit on the filing of a notice of appeal She asserts that the quest for consistency between the civil and bankruptcy rules is an insufficient reason to move to the 30 day deadline She also believes that persons could become confused by a 14 day deadline especially if there is a 10 (lay deadline for filing a motion for reconsideration Finally, she notes that bankruptcy cases generally operate on a ".compressed time frame" that properly requii es a shorter tine for filing an appeal Also. the presence ofCM/ECF piovides
82
762
nearly innmediate notice to parties This effectively provides cv\c inore nlotice than paities have ieceived in the past 13 07-BR-0 13 Bankruptcy Judge Robert Kressel (D. Minn.) Judge Kressel. a former member of the Committee, noted the difficulties faced when Rule 9006(a) was amended in the 1980s He also stated that the extension of the deadline to 30 days would promote consistency between the rules and would protect the uninitiated who are unfamiliar with the short deadline and would (iscourage the filing of"protective" notices of appeal by the initiated 14 07-BR-014 Bankruptcy Judge Douglas Dodd (M.D. 1La.) Judge Dodd notes that the change from 10 to 14 would not help the person who mistakenly believed that the appeal deadline was 30 days He also does not believe that the deadline for filing a notice of appeal in a bankruptcy case should change from the 10 day deadline currently in Rule 8002 15 07-BR-015 Circuit Judge Frank Easterbrook (7yh Cir.) Judge Easterbrook did not offer a comment on Rule 8002, other than to state his general support for the time computation amendments 16 07-BR-0 16 Bankrupte Judge Jerry Brown (E.D. La.) Judge Brown supports the 14 day deadline, but he strongly opposes extending the deadline to 30 days He states that the longer period would substantially delay both sales of property and ordinary bankruptcy pioccdures 17 07-BR-017 Bankruptcy Judge David Adams (I.D. Va.) Judge Adams supports the 14 day period but 83
763
opposes the 30 (lay period He is concerned that the longer period would lead to irreparable harm accruing during that waiting time 18 07-BR-018 Bankruptcy Judge Bruce McCullough (W.D. Pa.) Judge McCullough sees no ieason to change from the 10 day period that has governed the bankruptcy appeal time for a century He notes that time is both jobs and money, and extension of the deadline would have an adverse impact on the process 19 07-BR-019 Bankruptcy Judge Benjamin Goldgar (N.D. Ill.) Judge Goldgar noted that prior to his service as a judge, he was an appellate lawyer for the State of Illinois and served a term as the President of the Illinois Appellate Lawyers Association. lie supports the increase of the deadline to 14 days because it would not materially disrupt bankruptcy practice He does not, however, support the expansion of the deadline to 30 days. In his view, the pace of bankruptcy is too brisk to permit such an extension Moreover, he has observed that parties await the passage of the appeal time even in the face of § 363(m), equitable mootness, and other protections Finally, he states that he is unpersuaded by the argument that the rule should be 30 days to protect those who are unfamiliar xith the bankruptcy appellate process because "appellate lawyers are the most rule conscious members of the bar " 20 07-BR-020 Bankruptcy Court Clerk Margaret Grammar Gay (D.N.M.) Ms Grammar Gay supports the 14 day deadline and states that it would not disrupt bankruptcy
84
764
practice She notes, howevei, that if there is any likelihood that the 14 day deadline is just a brief stop on the road to a 30
day deadline, the change should be made to 30 days in the first instance 21 07-BR-021 Bankruptcy Judge James Starzynski (D.N.M.) Judge Starzynski supports the 30 day deadline so as to avoid this deadline being a trap for the unwary He notes as well that once the appeal is taken, the final decision in the appeal will not be materially later because an additional 20 days was added to the time for filing a notice of appeal. He recognizes that thei e may be a concern that the time to file a notice in some appeals should be shortened, so he proposed that the rules allow for the shortening of the period by a specific and prominently ordered reduction in the time
22 07-BR-022 Bankruptcy Judge Timothy Mahoney (D. Neb.) Judge Mahoney believes that the current 10 day period is insufficient and supports an extension of that time period He notes that 14 is better than 10, but he would prefer that the tnie be lengthened to 30 days He states that this is especially important for persons who do not participate through ECF, a group that is often likely not to be represented by counsel 23 07-BR-023 Walter Bussart (Lewisburg, Tenn. attorney) Mr Bussert supports all of the time computation amendments, but he does not mention Rule 8002 24 07-BR-024 Richard Rogan (San Francisco attorney) Mr Rogan, a long time bankruptcy practitioner, urges the retention of the 10 clay time limit for filing a notice 85
765
ot appeal
He states that the added delay would be Also, lie notes that 10 days is ample time to file the notice
detrimental to sales and plans of reorganization
25 07-BR-025 Heather Lennox (Cleveland, Oh. attorney) Ms Lennox opposes the expansion of the time to file a notice of appeal beyond the 10 days in the current rule She notes that the filing of a notice of appeal is relatively simple, and a 10-day period is more than adequate She also points out that Congress has just amended the Code to expedite both large and small chapter II cases, so it would be contrary to that Congressional intent to expand the time allowed for filing a notice of appeal 26 07-BR-026 Prof. Alan Resnick (Nexx York attorney and professor) Professor Resnick, former Reporter to the Committee, strongly opposes the change in Rule 8002 from 10 days to either 14 or 30 days He notes the general need for matters to proceed quickly in bankruptcy cases, and he states as well that the filing of a notice of appeal does not require any significant amount of time Further, he argues that the presence of an additional layer ot appeals in bankruptcy cases provides another reason not to add to the delay in the case. He also points out that the 1987 change to Rule 9006(a) that effectively extended the appeal time was not well received and led to its almost immediate repeal when the bar fully understood its implications To that end, he also notes that a change in the rules to make the appeal time 14 days would likely catch some or many bankruptcy practitioners unaware ofthe change, and vulnerable to appeals
86
766
taken after they acted to close a transaction on the I I day after the entry ot the relc\ ant oider Finally, he notes that the "unifrmlity" argument fol changing the rule to allow 30 days for appeals is in fact not uniform Crininal appeals must be taken in 10 days under the current rule (14 under the proposed revision to Appellate Rule 4) Professor Resnick also submitted recommendations regarding other Bankruptcy Rules that he believcs may need to be revised In particular, he notes that Rule 9023 should be amended to prevent the proposed amendment to Civil Rule 59 to circumvent the deadline for filing a notice of appeal in a bankruptcy case. Rule 59, as amended, would allow a party 30 days after entry of an order to file a motion for new trial or a motion to alter or amend a judgment Although not mentioned in the comment, similar issues could arise under proposed Civil Rule 50 which is made applicable by Bankruptcy Rule 7050. Professor Resnick also argues that if the 10 day appeal time is to remain in effect, the 10 day periods in Rules 3002(e), 4001 (a)(3), 6004(g), and 6006(d) should not be changed to 14 days as proposed in the Time Computation changes He notes that these deadlines are comparable to the notice of appeal deadline, and they should be the same in each of these rules. Professor Resnick makes a similar argument regarding Rules 7062 and 9033 07-BR-027 Bankruptcy Judge Barry Schermer (E.D. Mo.) ............. Judge Schermer opposes the expansion of the deadline to file a notice of appeal to either 14 or 30 clay,;, and instead argues that the current deadline is both appropriate and necessary. He states that the extension The other Bankruptcy Judges in the District, Judges Surratt-States, McDonald. and Rendlcn joined in this comment, as did Dana McWay. the Clerk of the Court 87 27
767
of the deadline will increase uncertainty in the piocess that will lead to additional costs to the parties and the process Many parties are affected by decisions in bankruptcy cases, including the debtor, the debtor's employees, and ci c(lItors. The comment also suggests that the rule is not difficult to read or understand, so that anyone who takes the time to read the rule would not be "unwary" of the deadline Moreover, he notes that the rules already penmit some extensions of' the appeal time under Rule 8002(c) He concludes that the need for uniformnity does not outweigh the harn that would follow from the proposed extension of the deadline He also suggests that it is unnecessary, and perhaps even counterproductive, to protect unwary practitioners 28. 07-BR-028 American Bankruptcx Institute The ABI conducted a survey of its membership (appioximately 11,000) as to the proposed changes to Rule 8002 The members were asked whether the change from 10 to 14 days would have a significantly detrimental or significantly beneficial impact on bankruptcy cases, or whether there would be no significant impact from such a change There were 183 responses, and 45% thought there would be no significant impact, and 27% each thought the impact would be significantly detrimental or beneficial As to the impact of making the appeal time 30 days, 70% said it would be significantly detrimental, and 23% responded that it would be significantly beneficial Only 8% said that the 30 day deadline would not have a significant effect The respondcents identifying themselves as practicing in business bankruptcy cases were far more likely to find the changes from 10 days to he significantly detrimental
88
768
29 07-BR-029 Bankruptcy Judge Philip Brandt (W.D. Wash.) Judge Brandt opposes any change from the 10 day deadline set out In Current Rule 8002 He states that many orders are not implemented until a day or two after the expiration of the appeal deadline In many cases, the daily costs could be extensive, so extending the deadline even 4 days could have a negative impact on many cases Judge Brandt also noted that the pending proposed amendment to Civil Rule 59 would create problems when it is incorporated into the Bankruptcy Rules through Rule 9023, and he cautioned against permitting those problems to arise. 30. 07-BR-030 Business Law Section of the State Bar of Michigan The Business Law Section and the Debtor/Creditors' Rights Committee of the State Bar oppose the extension of the deadline for filing a notice of appeal beyond the 10 days already provided for in current Rule 8002 31 07-BR-031 Bankruptcy Judge Martin Teel and Nancy Mayer-Whittington, Clerk (D.D.C.)......******* Judge Teel and Ms Mayer-Whittington support the change in the appeal time from 10 to 14 days They note that the order being appealed from is effective unless it is stayed, no matter what the deadline may be for filing the appeal They also suggest that the deadline might be set at 28 days. They express a concern that the 10 day period is sometimes too short to decide whether to appeal, particularly if a few days pass before the parties receive notice of the underlying order
This comment is listed under the name Patti Meador Ms Meador submitted the comment on behalf of Judge '1 eel and Ms Mayer-Whittington 89
769
32 07-BR-032 Business Law Section of the State Bar of CaliforniaThe Insolvency Law Committee of the Business Law Section opposes the change in the deadline [hr filing a notice of appeal The Committee notes that the coWits In chapter 11 cases enter numeious orders that relate to the operation of the debtor's business, and additional time for appeals would inject additional uncertainty and delay into the process It notes that the 10 day appeal time has woiked well since 1898 and does not need to be changed. 33. 07-BR-033 Committee on Bankruptcy and Corporate Reorganization of the Association of the Bar of the City of New York The Committee states that the extension of the appeal time would cause a material disruption in the operation of bankruptcy practice These disruptions also outweigh any benefits that might be obtained by making the appeal deadline consistent with the deadline for an appeal in a civil case The Committee points out that in civil litigation, courts almost always are adjudicating disputes about past conduct, while many matters that bankruptcy courts resolve provide the debtor with authority to go forward in its business activities either specifically or generally Many parties rely on these orders, and they must be implemented with dispatch given the potential fobr changing market conditions and the like The Cominttec also points out that other Bankruptcy Rules such as Rules 3020(e). 6004(g) and 6006(d) provide specific stay relief firom certain orders that are appealed, and that this recent judgment of the Rules Committee shows that protection is available in those instances where it is particularly important, and no furtblei protection is necessary The Committee also noted the
90
770
potential problems that could arise if"Civil Rules 52 and 59 ale amended and incorporated into the Bankruptcy Rules without change
34 07-BR-034 Commercial Law League of America. The CLLA has no comment on the proposal to extend the 10 day deadline in Rule 8002 to 14 days It does, however, oppose the extension of the deadline to 30 days It points out that bankruptcy cases impact the interests of a number of parties, and the delays that are created would have a negative effect on those parties It also notes that the added delays would undermine the debtor's fresh start as well as delay the distribution of assets in cases The CLLA also expresses some sympathy for the unwary, occasional bankruptcy practitioner, but it asserts that it is an insufficient justification for the proposed amendment 35 07-BR-035 Bankruptcy Appeals Clerk Alesia Wallace (W.D.N.C.) Ms Wallace states that the extension of the deadline to 14 days would have little or no impact on the court, but that an extension to 30 days would impact deadlines for closing bankruptcy cases and may lead to more frivolous appeals 36 07-BR-036 Seventh Circuit Bar Association The Association opposes the extension of the deadline for filing a notice of appeal in a bankruptcy case, and even suggested that if there was a need to restate the deadline in a multiple of 7 days. then the deadline should perhaps be 7 days rather than 14 37 07-BR-037 American Bar Association The Association opposes the amendment and urges that the 10 day
91
771
deadline for filing a notice of appeal be ictained It states that the deadline has been in place for over 100 years, and it questions whether there is any empirical support for the idea that the rule has operated to trap the unwary. It furthei asserts
that the short deadline is necessary in bankruptcy cases where parties usually demand that no action be taken until the appeal deadline has passed The Association notes that neither
equitable mootness nor the statutory protections in §§ 363 and 364 are sufficient to protect a party who acts prior to the conclusion of the appeal period Thus, the Association proposes that the 10 day limit be retained This position was also adopted by the State Bar of Michigan and the State Bar of California responses in Comment 07-BR-030 and 07-BR033, respectively 38 07-BK-002 Kenneth Klee (Los Angeles attorney and professor) Mr. Klee opposes extending the deadline fi-om 10 to 30 days He notes that the added costs resulting from the 20 additional days to wait for an order to be final is very costly. He also notes that the rules already permit an extension of the time to file a notice of appeal in many cases
39 07-BK-003 Bankruptcy Judge Paul Mannes (D. Md.) Judge Mannes, a former Chair of the Committee, asserts that the 10 day deadline has worked we] 1,but he would grudgingly support the extension to 14 days for the sake of unformity He opposes any additional extension 40 07-BK-022 National Bankruptcy Conferencel he Conference endorses and supports the comment of'Professoi
92
772
Resnick (07-BR-026, above), stating that it is vitally important that bankruptcy matters be resolved as expeditiously as possible The Conference also suggests that the Advisory Committee not permit the proposed amendment to Civil Rule 59 to operate to effectively extend the appeal time in bankruptcy cases through its incorporation into the Bankruptcy Rules by Rule 9023 It also urges the Advisory Committee to further study the impact of the changes in the Civil Rules that change deadlines of less than 30 days to deadlines that are multiples of 7 days Changes Made After Publication No changes since publication
Rule 8003. Leave to Appeal (a) CONTENT OF MOTION, ANSWER A motion fbr 2 3 4 5 6 7 8 9 leave to appeal under 28 U S C § 158(a) shall contain. (1) a statement of the facts necessary to an understanding of the questions to be presented by the appeal, (2) a statement of those questions and of the relief sought. (3) a statement of the reasons why an appeal should be granted, and (4) a copy of the judgment, order, or deciec comnplamcd of and of any opinion or memorandumn relating thereto Within -10 14 days after service of the motion, an adverse party may tile with the clerk an ansA cr in opposition
10
93
773
12 13 14 15 16 17 18 19 20 21 22 23
(c) APPEAL IMPROPERLY TAKEN REGARDED AS A MOTION FOR LEAVE TO APPEAL. If a required
motion for leae to appeal is not filed, but a notice of appeal is timely filed, the district court or bankruptcy appellate panel may grant leave to appeal or direct that a motion for leave to appeal be filed The distnct court or the bankruptcy appellate panel may also deny leave to appeal but in so doing shall consider the notice of appeal as a motion for leave to appeal Unless an order directing that a motion for leave to appeal be filed provides otherwise, the motion shall be filed within ±H 14 days of entry of the order
COMMITTEE NOTE The rule is amended to implement changes in connection with the amendment to Rule 9006(a) and the manner by which time is computed under the rules The deadlinc in the rule is amended to substitute a deadline that is a multiple of seven days. Throughout the rules, deadlines are amended in the following manner 5 day periods 10 day periods 15 day periods 20 day periods become become become become 7 day periods 14 day periods 14 day periods 21 day periods
94
774
25 day periods become 28 day periods
Rule 8006. Record and Issues on Appeal Within +(0 14 days after filing the notice of appeal as 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 provided by Rule 8001 (a), entry ofan order granting leave to appeal, or entry of an order disposing of the last timely motion outstanding of a type specified in Rule 8002(b), whichever is later, the appellant shall file with the clerk fnd serve on the appellee a designation of the items to be included in the record on appeal and a statement of the issues to be presented Within +1- 14 days after the service of the
appellantfs statement the appellee may file and serve on the appellant a designation of additional items to be included in the record on appeal and, if the appellee has filed a cross appeal. the appellee as cross appellant shall file and serve a statement of the issues to be presented on the cross appeal and a designation of additional items to be included in the record A cross appellee may, within +0 14 days of service of the cross appellant's statement, file and serve on the cross appellant a designation of additional items to be included in the record The record on appeal shall include the items so designated by the parties, the notice of appeal, the judgment,
95
775
20 21 22 23 24 25 26 27 28 29 3(0 31 32
order, or decree appealed from, and any opinion, findings of fact, and conclusions of law of the court Any party filnm a
designation of the items to be included in the record shall provide to the clerk a copy of the items designated or, if the party fails to provide the copy, the clerk shall prepare the copy at the party's expense If the record designated by any party
includes a transcript of any proceeding or a part thereof, the party shall, immediately after filing the designation, deliver to the reporter and file with the clerk a written request tbr the transcript and make satisfactory arrangements for payment of its cost All parties shall take any other action necessaiy to
enable the clerk to assemble and transmit the record
COMMITTEE NOTE
The rule is amended to implement changes in connection with the amendment to Rule 9006(a) and the manner by which time is computed under the rules The deadline in the rule is amended to substitute a deadline that is a multiple of seven days Throughout the rules, deadlines are amended in the following manner 5 day periods become 7 day periods 10 day periods become 14 day periods 15 day periods become 14 day periods 96
776
20 clay periods become 21 day periods 25 day periods become 28 (lay peI iods Rule 8009. Briefs and Appendix; Filing and Service I 2 (a) BRIEFS UJnless the district court or the bankruptcy appellate panel by local rule oi by order excuses the filing of briefs or specifies different time limits (1) The appellant shall serve and file a brief within -1-5 14 days after entry of the appeal on the docket pursuant to Rule 8007 (2) The appellee shall serve and file a brief within 1-5 14 days after service of the brief of appellant If the
3
4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19
appellee has filed a cross appeal, the brief of the appellee shall contain the issues and argument pertinent to the cross appeal, denominated as such, and the response to the brief of the appellant (3) The appellant may serve and file a reply brief within -01l4 days after service of the brief of the appellee, and if the appellee has cross-appealed, the appellee may file and serve a reply brief to the response of the appellant to the issues presented in the Cdoss appeal within +-) 14 days after service of the reply brief of the appellant No further briefs
may be filed except with leave of the district court or the
97
777
20 21
bankruptcy appellate panel
COMMITTEE NOTE The rule is amended to implement changes in connection with the amendment to Rule 9006(a) and the manner by which time is computed under the rules The deadline in the rule is amended to substitute a deadline that is a multiple of seven days Throughout the rules, deadlines are amended in the following manner. 5 day periods become 10 day periods become 15 day periods become 20 day periods become 25 day periods become 7 day periods 14 day periods 14 day periods 21 day periods 28 day periods
Rule 8015. Motion for Rehearing 2 Unless the district court or the bankruptcy appellate panel by local rule or by court order otherwise provides, a motion for rehearing may be filed within lfl 14 days after entry of the judgmcnt of the district court or the bankruptcy appellate panel If a timely motion for rehearing is filed, the tine for appeal to the court of appeals for all parties shall run from the entry of the order denying rehearing Oi the entry ot
4 5 6 7
98
778
a subsequent judgment
COMMITTEE NOTE The rule is amended to implement changes in connection with the amendment to Rule 9006(a) and the manner by which time is computed under the rules The deadline in the rule is amended to substitute a deadline that is a multiple of seven days Throughout the rules, deadlines are amended in the following manner 5 day 10 day 15 day 20 day 25 day periods periods periods periods periods become 7 day periods become 14 day periods become 14 day periods become 21 day periods become 28 day periods
Rule 8017. Stay of Judgment of District Court or Bankruptcy Appellate Panel (a)
2 APPEAL
AUTOMATIC
STAY OF JUDGMENT ON
Judgments of the district Court or the bankruptcy
3 4 5 6
appellate panel are stayed until the expiration of i-) 14 days after entry, unless otherwise ordered by the district court or the bankruptcy appellate panel
COMMITTEE NOTE
99
779
The rule is amended to inplenment changes in connection with the amendment to Rule 9 006(a) and the manier by which time is computed under the rules The deadline in the rule is amended to substitute a deadline that is a multiple of seven days Throughout the rules, deadlines are amended in the following manner 5 day periods 10 day periods 15 day periods 20 day periods 25 day periods become 7 day periods become 14 day periods become 14 day periods become 21 day periods become 28 day periods
Rule 9006. Time
(d) 3 4 5 6 7 8 9 10 II
FOR MOTIONS
AFFIDAVITS
A written
motion, other than one which may be heard ex parte, and notice of any hearing shall be served not later than live seven days before the time specified for such hearing, unless a different period is fixed by these rules orby order olfthe court Such an order may for cause shown be made on ex parte application When a motion is supported by aftidavit, the
affidavit shall he served with the motion, urd, except as otherwise provided in Rule 9023. opposing affidavits may be served not later than one day before the healing, unless the to0
780
12 13
court permits them to be scived at some other timc •* * COMMITTEE NOTE The rule is amended to implement changes in connection with the amendment to Rule 9 006(a) and the manner by which time is computed under the rules The deadline in the rule is amended to substitute a deadline that is a multiple of seven days Throughout the rules, deadlines are amended in the following manner 5 day periods become 10 day periods become 15 day periods become 20 day periods become 25 day periods become 7 day periods 14 day periods 14 day periods 21 day periods 28 day periods
Rule 9027. Removal
2 3 4 5 6 7 8 9
(e) PROCEDURE AFTER REMOVAL
(3)
Any party who has filed a pleading in
connection with the removed claim or cause of action, other than the party filing the notice of removal, shall file a statement admitting or denying any allegation in the notice of removal that upon removal of the claim or cause of action the proceeding is core or non-core 101 If the statement alleges that
781
I0
the proceeding is non-core, it shall state that the party does or
does not consent to entry of final orders or judgment by the bankruptcy judge A statement iequired by this paragraph
II
12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30
shall be signed pursuant to Rule 9011 and shall be filed not later than FO 14 days after the filing of the notice of removal Any party who files a statement pursuant to this paragraph shall mail a copy to every other party to the removed claim or cause of action
(g) APPLICABILITY OF PART VII. The rules of Part VII apply to a claim or cause of action removed to a district court from a federal or state court and govern procedure after removal Repleading is not necessary unless the court so
orders. In a removed action in which the defendant has not answered, the defendant shall answer or present the other defenses or objections available under the rules of Part VII within 2-0 21 days following the receipt through service or othenvise of a copy of the initial pleading setting forth the claim for relief on which the action or proceeding is based. or within -0 21 days following the service ot summons on such intial pleading, or within five seven days following the filing
102
782
I1
of the notice of removal,
\khluchex
er period Is Iongest
COMMITTEE NOTE Fihe rule is amended to implement changes in connection with the amendment to Rule 9006(a) and the manner by which time is computed under the rules The deadline in the rule is amended to substitute a deadline that is a multiple of seven days Throughout the rules, deadlines are amended in the following manner 5 day periods become 10clay periods become 15 day pei iods become 20 day periods become 25 day periods become 7 day periods 14 day periods 14 day periods 21 dlay periods 28 day periods
*
Rule 9033. Review of Proposed Findings of Fact and Conclusions of Law in Non-Core Proceedings
2 3 4 5 6 7 8
(b) OBJECTIONS TIME FOR FILING Within 1-014 clays after being served with a copy of the proposed findings of flact and conclusions of law a party may serve and file with the clerk written objections which identify the specific proposed findings or conclusions objected to and state the grounds for such objection A party may respond to another
partyvs objecttons within +0 14 days after being served with 103
783
9
a copy thereof- A party objecting to the bankruptcy judge's proposed findings or conclusions shall arrange promptly for the transcription of the record, or such portions of it as all parties may agree upon or the bankruptcy judge deems sufficient, unless the district judge otherwise directs (c) EXTENSION OF TIME The bankruptcyjudge may fbr cause extend the time for filing objections by any party for a period not to exceed 20 21 days from the expiration of the time otherwise prescribed by this rule A request to extend the time for filing objections must be made before the time fbr filing objections has expired, except that a request mnade no more than z2 21 days after the expiration of the time for filing objections may be granted upon a showing of excusable neglect
10
II 12 13 14 15 16 17 18 19 20 21 22 23
COMMITTEE NOTE The rule is amended to implement changes in connection with the amendment to Rule 9 0 06(a) and the manner by which time is computed under thie rules The deadlinc inl tC rule is amended to substitute a deadline that is a multiple of seven days Throughout the rules, deadlines are amended in the following manner
104
784
5 day perIods 10 day periods 15 day periods 20 (dayperiods 25 day periods
become become become become become
7 day periods 14 day periods 14 day periods 21 day periods 28 day periods
105
785
B
Proposed Amendments to Bankruptcy Rules 4008, 7052 and 9021, and Proposed New Bankruptcy Rule 7058, Submitted for Final Approval by the Standing Committee and Submission to the Judicial Conference.
The Advisory Committee on Bankruptcy Rules recommends that the Standing Committee approve the proposed amendments to Bankruptcy Rules 4008, 7052 and 9021, and proposed new Bankruptcy Rule 7058 for submission to the Judicial Conference. These amendments and addition to the Rules are to become effective on December 1, 2009. 1. Public Comment
The preliminary draft of proposed amendments to Bankruptcy Rules 4008, 7052 and 9021, and proposed new Bankruptcy Rules 1017.1 and 7058, were published for comment in August 2007 A public hearing on the preliminary draft of the amendments and additions to the Bankruptcy Rules was scheduled for January 25, 2008, but there were no requests to appear at the hearing We received comments on many of the proposed additions and amendments, and the Advisory Committee reviewed these comments and, with the exception of proposed Rule 1017 1, approved the amendments to the rules either as published or with slight changes that are described in the Changes Made After Publication section. The Advisory Committee received five comments on proposed new Rule 1017 1, which would have revised the 106
786
process for granting an extension of time to complete the credit counseling requirement for individual debtors The comments asserted that the rule is unnecessary because very few cases have arisen in which there was any request for an extension, and each of those cases was filed shortly after the effective date of the 2005 amendments to the Bankruptcy Code The commentators noted that individual debtors and their attorneys seem to have adlusted to the new process, and the nearly universal availability of credit counseling briefing services has made the need for the time extensions almost nonexistent. Therefore, the Committee concluded that there is no need for the rules to adopt a process for these matters, and it withdraws proposed new Rule 1017 1
2
Synopsis o/ ProposedGeneralAmendments
(a)
Rule 4008 is amended to insert a requirement that the Official Form of a reaffirmation cover sheet be filed with the court along with the reaffirmation agreement The cover sheet will include the information necessary to assist the court in determning what action to take regarding the proposed reaffirmation Rule 7052 is amended to clarify that entry of judgment in an adversary proceeding means the entry of a judgment or order under the Bankruptcy Rules rather than under the Federal Rules of Civil Procedure
(b)
107
787
(c)
Rule 7058 is new, and it makes Rule 58 of
the Federal Rules of Civil Procedure applicable in adversary proceedings
(d)
Rule 9021 is amended in connection with the addition of Rule 7058. Since that rule governs in adversary proceedings, Rule 9021 no longer needs to make Rule 58 of the Federal Rules of Civil Procedure applicable in those actions. This amendment and the addition of Rule 7058 results in the explicit adoption of the separate document requirement for judgments in adversary proceedings, while the effectiveness of an order or judgment in other actions within the case is determined under Rule 5003 which does not include the separate document requirement.
3 Text oi ProposedAmendments to Rules 4008, 7052, and 9021, and New Rule 7058
Rule 4008. Filing of Reaffirmation Agreement; Statement in
2 Support of Reaffirmation Agreement i
I 2
(a) FILING OF REAFFIRMATION AGREEMENT
A
reaffirmation agreement shall be filed no later than 60 days
2'
Incorporates amendments approved by the Supreme Court that are due to take effect on
December 1, 2008, if Congress takes no action to the contrary. 108
788
3 4 5 6 7 8 9
after the first date set for the meeting of creditors under § 341(a) of the Code The reaffirmation agreement shall be accompanied by a cover shect, prepared as prescribed by the appropriate Official Form The court may, at any time and in its discretion, enlarge the time to file a reaffirmation agreement.
COMMITTEE NOTE Subdivision (a) of the rule is amended to require that the entity filing the reaffirmation agreement with the court also include Official Form 27. the Reaffirnation Agreement Cover Sheet The form includes information necessaiy for the court to determine whether the proposed reaffirmation agreement is presumed to be an undue hardship for the debtor under § 524(m) of the Code Public Comment on Proposed Amendment to Rule 4008' No comments were received on this proposed amendment Changes Made Alter Publication No changes since publication
109
789
22 Rule 7052. Findings by the Court
I 2 3 4
Rule 52 F R Cir P applies in adversary proceedings
In
these proceedings, the reference in Rule 52 F R Civ. P to the entry of judgment under Rule 58 F R Civ. P shall be read as a reference to the entry of a iudgmnent or order under Rule 5003(a) COMMITTEE NOTE The rule is amended to clarify that the reference in Rule 52 F. R. Civ P to Rule 58 F R Civ P. and its provisions is construed as a reference to the entry of ajudgment or order under Rule 5003(a)
Public Comment on Proposed Amendments to Rule 7052I Comment 07-BK-013 (also numbered 07-BR-029) was submitted by Hon Philip H Brandt (Bankr. W D Wa ) Judge Brandt recommended that the phrase "shall be read as a reference to" be replaced with "means." Changes Made After Publication. No changes since publication. In addition, the Advisory Committee on Bankruptcy Rules has recommended approval of a proposed technical amendment to Rule 7052, which also would take effect on December 1, 2009, if the Committee on Rules of Practice and Procedure, the Judicial Conference, and the Supreme Court approve and if Congress takes no action to the contrary The proposed technical amendment is set out in Part I1 D of this report
2
110
790
Rule 7058. Entry of Judgment I 2 3 4 Rule 58 F R Civ. P. applies in adversary proceedings In these proceedings, the reference in Rule 58 F R Civ P to the civil docket shall be read as a reference to the docket maintained by the clerk under Rule 5003(a) COMMITTEE NOTE This rule makes Rule 58 F R Civ. P applicable in adversary proceedings and is added in connection with the amendments to Rule 9021.
Public Comment on Proposed New Rule 7052 1 Comment 07-BK-013 (also numbercd 07-BR-029) was submitted by Hon Philip H Brandt (Bankr W.D Wa ). Judge Brandt recommended that the phrase "shall be read as a reference to" be replaced with "means" Changes Made After Publication No changes since publication
Ill
791
Rule 9021. Entry of Judgment
I 2
crptasthe
1
vWg.s
piuv1 dud hetui., RUk J5 F R Emcy judgiinmit
IL
CIv P
'r IIIt d
appliresI, casc
via'ypi adVIM
unclc
tlic eu
1
3
uCC~ding ui
LunWtbstd-naintciernrll
.cit1 Lbur
4 5 6 7
Sepaiatcdoc t ir. 1 1 t. A judgment or order is effective when entered ,ts provided munder Rule 5003. T1eief if, nuc i,,i. R
CIV.
58 F R
P to RUi/ 7(ae)F R •Civ.*P
ll
U
icad
a3 a ,cfyIenyC tU
Rule 5003 of thec~ tales. COMMITTEE NOTE The rule is amended in connection with the amendment that adds Rule 7058 The entry of judgment in adversary proceedings is governed by Rule 7058, and the entry of a judgment or order in all other proceedings is governed by this rule.
Public Comment on Proposed Amendments to Rule 9021.
No comments were received on these proposed amendments Changes Made After Publication No changes since publication
112
792
C.
Proposed Amendments to Official Forms land 8. and Proposed New Official Form 27 Submitted for Final Approval by the Standing Committee and Submission to the Judicial Conference
The Advisory Committee on Bankruptcy Rules recommends that the Standing Committee approve the proposed amendments to Official Forms 1 and 8, and Proposed New Official Form 27 for submission to the Judicial Conference. The amendments to Official Forms I and 8 are to become effective on December 1, 2008. Proposed new Official Form 27 is to become effective on December 1, 2009, in conjunction with a proposed amendment to Bankruptcy Rule 4008.
1 Synopsis of Proposed Amendments to Exhibit D of Official Form I and Official Form 8, and ProposedNewi Official Form 27
(a)
Exhibit D to Official Form I is amended to delete any reference to a requirement that the debtor file a motion to obtain an order to permit the debtor to complete the required credit counseling briefing after the commencement of the case It is also amended to clarify that the debtor still must complete the briefing even if the request is granted It also warns the debtor that the case may be dismissed if the court concludes that no postponement of the obligation is warranted
(b) Official Form 8 is amended to resolve 113
793
amnbiguities in the form and to implement changes to the Code in 2005 by adding a section covering personal property subject to an unexpired lease (c) New Official Form 27 requires the disclosure and certification of information necessary for the court to make its determination under §524(m) as to whether the reaffirmation agreement creates a presumption of undue hardship.
2.
Text of ProposedAmendments to Exhibit D of Official Form 1 and Official Form 8, and ProposedNew Official Form 27
114
794
B ID (Official Form I, Exhibit D) (12/08)
UNITED STATES BANKRUPTCY COURT
District of
In re Debtor
Case No (if known)
EXHIBIT D - INDIVIDUAL DEBTOR[]S STATEMENT OF COMPLIANCE WITH CREDIT COUNSELING REQUIREMENT Warning: You must be able to check truthfully one of the five statements regarding credit counseling listed below. If you cannot do so, you are not eligible to file a bankruptcy case, and the court can dismiss any case you do file. If that happens, you will lose whatever filing fee you paid, and your creditors will be able to resume collection activities against you. If your case is dismissed and you file another bankruptcy case later, you may be required to pay a second filling fee and you may have to take extra steps to stop creditorsl collection activities.
Every individual debtor must file this Exhibit D If ajoint petition is filed, each spouse must complete andfile a separate Exhibit D Check one oJ the five statements below and attach any documents as directed
11 1. Within the 180 days before the filing of my bankruptcy case, 1 received a briefing from a credit counseling agency approved by the United States trustee or bankruptcy admintstrator that outlined the opportunities for available credit counseling and assisted me in performing a related budget analysis, and I have a certificate from the agency describing the
services provided to me Attach a copy of the certificate and a copy of any debt repayment plan developed through the agency
0 2. Within the 180 days before the filing of my bankruptcy case, I received a briefing from a credit counseling agency approved by the United States trustee or bankruptcy administrator that outlined the opportunities for available credit counseling and assisted me in performing a related budget analysis, but I do not have a certificate from the agency describing
the services provided to me You must file a copy of a certificatefrom the agency describing the services provided to you and a copy of any debt repayment plan developed through the agency no later than 15 days afteryour bankruptcy case is filed
795
B ID (Official Form 1, Fxh D) (12/08)
-
Cont
E 3. 1 certify that I requested credit counseling services from an approved agency but was unable to obtain the services during the five days from the time I made my request, and the following exigent circumstances merit a temporary waiver of the credit counseling requirement so I can file my bankruptcy case now.
[Summarize exigent circumstanceshere]
If your certification is satisfactory to the court, you must still obtain the credit counseling briefing within the first 30 days after you file your bankruptcy petition and promptly file a certificate from the agency that provided the counseling, together with a copy of any debt management plan developed through the agency. Failure to fulfill these requirements may result in dismissal of your case. Any extension of the 30-day deadline can be granted only for cause and is limited to a maximum of 15 days. Your case may also be dismissed if the court is not satisfied with your reasons for filing your bankruptcy case without first receiving a credit counseling briefing. L1 4. 1 am not required to receive a credit counseling briefing because of. [Check the
applicablestatement] [Must be accompanied by a motionfor determination by the court ] EJ Incapacity (Defined in II U.S C. § 109(h)(4) as impaired by reason of mental illness or mental deficiency so as to be incapable of realizing and making rational decisions with respect to financial responsibilities.), [ Disability. (Defined in 11 U S.C. § 109(h)(4) as physically impaired to the extent of being unable, after reasonable effort, to participate in a credit counseling briefing in person, by telephone, or through the Internet ); D Active rmlitary duty in a military combat zone
El 5 The United States trustee or bankruptcy administrator has determined that the credit counseling requirement of 11 U S C. § 109(h) does not apply in this distnct.
I certify under penalty of perjury that the information provided above is true and correct.
Signature of Debtor Date.
796
COMMITTEE NOTE Paragraph 3 of Exhibit D is amended to delete any reference to a requirement that a debtor file a motion with the court to obtain an order approving a request for the postponement of the debtor's obligation to obtain a credit counseling briefing prior to the commencement of the case. The paragraph immediately following numbered paragraph 3 is also amended to reflect the deletion of the need for a separate motion beyond the completion of the certification itself. That paragraph continues to warn the debtor that the case may be dismissed if the court does not find that a postponement is warranted It also advises the debtor that, even if the court concludes that postponement of the obligation is appropriate, the debtor still must complete the briefing within the time allowed under the Code.
797
H8 (Form 8) (12/08)
United States Bankruptcy Court
District Of
In re Debtor
,
Case No Chapter 7
CHAPTER 7 INDIVIDUAL DEBTOR'S STATEMENT OF INTENTION
PART A - Debts secured by property of the estate (Part A must be fully completed for EACH debt which is secured by property of the estate Attach additional pages if necessary) Property No I Creditor's Name: Describe Property Securing Debt:
Property will be (check one)Surrendered
Retained
If retaining the property, I intend to (check at least one)Redeem the property Reaffirm the debt __ Other Explain using I1 USC § 522(t)) Property is (check one) Claimed as exempt Property No 2 (if necessary) Creditor's Name:
(for example, avoid lien
Not claimed as exempt
Describe Property Securing Debt-
Property will be (check one) Surrendered
Retained
If retaining the property, I intend to (check at least one) Redeem the property Reaffirm the debt Other Explain using II USC §522(f)) Property is (check one)Claimed as exempt
(for example, avoid
lien
Not claimed as exempt
798
ii ( Form, S) ( 12108 )
Page 2
PART B - Personal property subject to unexpired leases- (All three columns of Part B must be completed for each unexpired lease Attach additional pages if necessary) Property No I Lessor's Name: Describe Leased Property: Lease will be Assumed pursuant to lI USC § 365(p)(2) YES Property No 2 (if necessary) Lessor's Name: Describe Leased Property: Lease will be Assumed pursuant to II U S.C § 365(p)(2) YES NO NO
Property No 3 (if necessary) Lessor's Name: Describe Leased Property: Lease will be Assumed pursuant to 11 US C- § 365(p)(2): YES NO
continuation sheets attached (if any) I declare under penalty of perjury that the above indicates my intention as to any property of my estate securing a debt and/or personal property subject to an unexpired lease.
Date Signature of Debtor
Signature of Joint Debtor
799
1
(Form 8) (12/0S)
Page 3 (Continuation Sheet)
CHAPTER 7 INDIVIDUAL DEBTOR'S STATEMENT OF INTENTION
PART A - Continuation Property No _ Creditor's Name: Describe Property Securing Debt.
Property will be (check one) Surrendered
Retained
[f retaining the property, I intend to (check at least one) Redeem the property Reaffirm the debt Other Explain using II U S.C § 522(f)). Property is (check one) Claimed as exempt
(for example, avoid
lien
Not claimed as exempt
PART B - Continuation Property No Lessor's Name: Describe Leased Property: Lease will be Assumed pursuant to ll U S C § 365(p)(2). YES NO
Property No Lessor's Name: Describe Leased Property: Lease will be Assumed pursuant to ll U S C § 365(p)(2). YES NO
800
FORM 8
COMMITTEE NOTE
The form is amended to conform to § 362(h), which was added to the Code, and § 52 l(a)(2), which was amended, by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, Pub L No 109-8, 119 Stat 23 (April 20, 2005), by expanding the questions directed to the debtor regarding leased personal property and property subject to security interests. The form is also amended and reformatted to require the debtor to complete a series of statements describing the property and setting out what actions the debtor intends to take for each listed asset. The amended form is intended to elicit more complete information about the debtor's intentions with regard to property subject to security interests and personal property leases than has been obtained under the current version of the form In addition, the form is amended to add a space for the joint debtor's signature and to specify that, as required by Rule 1008, the signature of the debtor or joint debtor is a declaration made under penalty of perjury A continuation page has been provided for use if necessary The Declaration of Non-Attorney Bankruptcy Petition Preparer has been deleted from the form as duplicative of Form 19, Declaration and Signature of Non-Attorney Bankruptcy Petition Preparer Form 19 contains both the petition preparer's declaration and signature and the notice the petition preparer is required to give to the debtor under § 110 of the Code
801
B27 (Official Form271 (12/09)
United States Bankruptcy Court
District Of
In re Debtor Case No Chapter __
REAFFIRMATION AGREEMENT COVER SHEET This form must be completed m its entirety and filed, with the reaffirmation agreement attached, within the time set under Rule 4008. It may be filed by any party to the reaffirmation agreement. I 2 Creditor's Name: Amount of the debt subject to this reaffirmation agreement: $ on the date of bankruptcy $ to be paid under reaffirmation agreement Annual percentage rate of interest: % under reaffirmation agreement Repayment terms (if fixed rate): $ % prior to bankruptcy Fixed Rate __ Adjustable Rate) months
$
3
( __
4. 5
_
per month for
Collateral, if any, securing the debt: Current market value Description.
6 Does the creditor assert that the debt is nondischargeable? Yes __ No (If yes, attach a declaration setting forth the nature of the debt and basis for the contention that the debt is nondischargeable.) Debtor's Schedule I and J Entries 7A. Total monthly income from Schedule I, line 16 Total monthly expenses from Schedule J, line 18
$713
Debtor's Income and Expenses as Stated on Reaffirmation Agreement Monthly income from all $ sources after payroll deductions
8A.
$
8B.
Monthly expenses
$
9A
Total monthly payments on $ reaffirmed debts not listed on Schedule J
913 Total monthly payments on $ reaffirmed debts not included in monthly expenses 1013 Net monthly income $ (Subtract sum of lines 8B and 913 from line 7B If total is less than zero, put the number in brackets)
802
B2 7 (0 ff[c 'a F orm2 7) (12/09)
Page 2
11.
Explain with specificity any difference between the income amounts (7A and 7B)-
12.
Explain with specificity any difference between the expense amounts (8A and 8B)
If line 11 or12 is completed, the undersigned debtor, and joint debtor if applicable, certifies that any explanation contained on those lines is true and correct
Signature of Debtor (only required if line 11 or 12 is completed) Other Information
Signature of Joint Debtor (if applicable, and only required if line II or 12 is completed)
El Check this box if the total on line lOB is less than zero If that number is less than zero, a presumption of undue hardship arises (unless the creditor is a credit union) and you must explain with specificity the sources of funds available to the Debtor to make the monthly payments on the reaffirmed debt
Was debtor represented by counsel during the course of negotiating this reaffirmation agreement2 -Yes No If debtor was represented by counsel during the course of negotiating this reaffirmation agreement, has counsel executed a certification (affidavit or declaration) in support of the reaffirmation agreement 9 Yes No
FILER'S CERTIFICATION I hereby certify that the attached agreement is a true and correct copy of the reaffirmation agreement between the parties identified on this Reaffirmation Agreement Cover Sheet
Signature
Print/Type Name & Signer's Relation to Case
803
Form 27
COMMITTEE NOTE This form is new. It gathers certain financial information, including information necessary for the court to determine whether a reaffirmation agreement creates a presumption of undue hardship under § 524(m) of the Code, and it allows the debtor to provide additional information that may rebut such a presumption To implement the requirements of Bankruptcy Rule 4008(b), the form also provides for a disclosure of any differences between the income and expenses reported on schedules I and J and the income and expenses reported m the debtor's statement in support of the reaffirmation agreement, together with an explanation of any such differences. Finally, the form requires a certification that the information supplied is true and correct.
804
3 Public Comment on ProposedAmendments to Official Form 8 Comment 07-BK-001 was submitted by David S Yen on behalf of the Legal Assistance Foundation of Metropolitan Chicago Mr. Yen suggests that the form include a certificate of service or, if not a certificate of service, a warning that Rule 1007(b)(2) requires that the form be served on the trustee, creditors and lessors. Judge Hunter (W.D. La.) submitted Comment 07-BK-005 in response to the proposed amendment. His comment echos concerns expressed by the Bankruptcy Judges Advisory Group (BJAG) which had a brief opportunity to review the proposed form. Generally, the concern is that the form, as revised, is too complicated and attempts to accomplish too much. Judge Hunter suggests that the proposed form as amended is too complex. He notes that the proposed form allows a debtor to state that something "other" than surrender, reaffirmation or redemption will be done with the property. He suggests that no other option is available. Furthermore, he asserts that the form should not include any reference to whether the debtor intends to claim the property as exempt. This additional information, Judge Hunter argues, will confuse the issues He notes that exemptions are covered by Schedule C, and he suggests that information regarding exemptions be limited to that form Comment 07-BK-023 was submitted by Ms. Margaret Grammar Gay, Chief Deputy Clerk of the Bankruptcy Court for the District of New Mexico. Ms. Grammar Gay notes her agreement with Judge Hunter's comments which are summarized above. She also notes that she finds the explanation or instructions for the fourth column on the form to be confusing and not illustrative of the form Furthermore, she states that the form should require the debtor's signature to be verified as required by Rule 1008, and she believes the form could delete the declaration of a petition preparer who would already be required to file Official Form 19 (petition preparer's declaration) with Official Form 8 when it is filed. Changes Made After Publication. The form was revised by setting the question of whether the debtor intends to exempt property apart from the question of whether the debtor intends to retain the property In addition, the form is amended to add a space for the joint debtor's signature and to specify that, as required by Rule 1008, the signature of the debtor or joint 115 805
debtor is a declaration made under penalty of perjury. Other stylistic changes were made to the form to simplify the form and make it easier to complete 4. Public Comment on proposednew Official Form 27. Comment 07-BK-013 Bankruptcy Judge Philip Brandt (W.D. Wash.) Judge Brandt's comment suggests that the form include a line that would capture reaffirmation agreements that are proposed as settlements of unsecured claims alleged to be nondischargeable. He proposes that if a reaffirmation is based on such a claim, the form include a sworn statement that sets out the factual basis of the debt and why it is nondischargeable. This issue could be addressed in the first information item on the form as more fully discussed in connection with Comment 07-BK-0 17. Comment 07-BK-016 Mr. Philip Bartlett, CEO and President of the Financial Services Roundtable Mr Bartlett does not offer any comment directly on proposed Official Form 27, other than to say that additional work should be done to prepare a required form of reaffirmation agreement itself He notes that there is a wide range of forms being used across the country, and he suggests that there should be a single, uniform reaffirmation agreement. Comment 07-BK-020 American Bankers Association, et. al. (including the Financial Services Roundtable) These groups note that they do not "per se" object to the form, but they urge the Committee to take action to ensure that reaffirmation agreements comply with the requirements of the Bankruptcy Code Among the suggestions is that there should be rules or forms that ensure that reaffirmation agreements include the language that is specifically required by the Code The group states that the Committee should not be troubled by the current discrepancies among the courts with regard to the form and content of reaffirmation agreements because a fomn that would preserve adherence to the Code could not raise substantive disagreement among the courts They express concern that although the Code provisions governing reaffirmations require increased uniformity, there is still a variety of forms that they must use in different courts across the country. Comment 07-BK-017 Bankruptcy Clerk Thomas Hart (D. Vt.) Mr Hart submitted a lengthy comment that generally supports 116 806
proposed Official Form 27, and that includes a number of suggestions for the improvement of the form More significantly, the submission includes a form of reaffirmation cover sheet that they have used along with an extensive instruction sheet that provides much more detail than is included in the proposed Official Form He notes that the District was in the process of creating a form of reaffirmation cover sheet, but they decided to use the proposed Official Form 27, with one modification, as their form They also decided to make a few stylistic changes to the form along with a much more extensive instruction sheet that accompanies the form The "substantive" modification that they made to the form was to delete the item on proposed Official Form 27 that asks for the amount of the debt as of the commencement of the case. They deleted the question because they found it to be ambiguous That item calls for the "amount of debt as of commencement of case", and they noted that it could be read to mean all of the debt owed as of the commencement of the case rather than just the debt owed to the creditor who is a party to the reaffirmation agreement Comment 07-BK-023 Chief Deputy Bankruptcy Court Clerk Margaret Grammar Gay (D.N.M.) Ms. Grammar Gay makes several suggestions regarding proposed Official Form 27 First, she notes that the form should be denominated OF27 rather than B27 at the top of the form. Second, she suggests that at the top of the form, an instruction be added directing the appropriate person to "Complete this form and file it within the time set under Rule 4008." She further suggests that the form not require a listing of the debtor's name and address, and that the third sentence on the form provide that the filer must "Attach the reaffirmation agreement to this cover sheet." She suggests that the words "set out" be deleted in lines 8 and 1 on the form and that in the sentences at the first check box, the words "greater than" be underlined to provide greater emphasis to the concept. She also notes that the filer's certification would not be necessary if the reaffirmation agreement is attached to the form Changes Made After Publication: The form was changed to require the submission of additional information to assist the court in determining whether the reaffirmation agreement presents an undue hardship to the debtor and the debtor's dependents The form now requires the person completing the form to include the interest rates charged under the 117 807
original agreement and the reaffirmation agreement, the repayment terms of the reaffirmation agreement, and whether the creditor asserts that the underlying obligation is nondischargeable The debtor's income and expenses at the time of the reaffirmation agreement and as set out on Schedules I and J (the debtor's income and expenses at the time of the commencement of the case) are now set out in parallel columns for ease of comparison. Other stylistic changes were made to the form, and the Committee Note is revised to reflect these changes.
5. Exhibit D to Official Form I
Exhibit D was published for comment in August 2006. The changes to the form were made necessary in part because the Advisory Committee decided to withdraw Proposed Rule 1017.1 which would have created a new process for the consideration of requests for the postponement of a debtor's obligation to obtain a prepetition credit counseling bnefing. The revised form deletes the reference to a motion to be filed by the debtor, as no motion is required. Instead, the form itself operates as the debtor's request for consideration of the issue by the court. The Advisory Committee recommends that this amendment become effective on December 1, 2008 D
Proposed Amendments to Bankruptcy Rules 2016, 7052, 9006(f), 9015, and 9023 Submitted for Final Approval by the Standing Committee and Submission to the Judicial Conference Without Publication.
The Advisory Committee recommends that the following amendments be approved and submitted to the Judicial Conference without publication. The amendments to Rules 2016 and 9006(f) are technical amendments necessary to correct cross references in the rules to provisions of the Bankruptcy Code and to the Federal Rules of Civil Procedure that were amended and renumbered. The amendments to Rules 7052, 9015, and 9023 are necessary to implement the new 14-day deadline for the filing of a notice of appeal. The Advisory Committee recommends that these amendments become effective on December 1, 2009.
1. Synopsis of ProposedAmendments to Rules 2016, 7052, 9006(09, 9015, and 9023
(a)
Rule 2016 is amended to correct a cross reference in the rule to a subsection of the Code that was changed by a 2005 amendment to the Code. The amendment also changes the deadline for filing a supplemental statement to conform to the time computation amendments that change all 10 day periods to 14 day periods Rule 7052 is amended by limiting the time for filing post judgment motions for 118 808
(b)
amended or additional findings. The deadline is set at 14 days in contrast to the 30 day deadline included in the Federal Rules of Civil Procedure This is necessary because the deadline for filing a notice of appeal under Bankruptcy Rule 8002 is 14 days rather than the 30 days allowed under Rule 4(a)(1)(A) F R. App. P. (c) Rule 9006 is amended to correct a cross reference to subparagraphs of Rule 5(b)(2) F. R. Civ. P. Those subparagraphs were renumbered as a part of the civil rules restyling project. Rule 9015 is amended by deleting the reference to Rule 50 F.R.Civ.P. from the list of civil rules that are applicable in cases and proceedings. Subdivision (c) is added to make Rule 50 applicable in cases and proceedings, but it limits the time for filing certain post judgment motions to 14 days rather than 30 days as set out in the civil rules. Rule 9023 is amended to limit the time for filing a post judgment motion for a new trial or for the court to order sua sponte a new trial to 14 days after entry of judgment. This is necessary because the deadline for filing a notice of appeal under Rule 8002 is 14 days. Text of ProposedAmendments to Rules 2016, 7052, 9006(f), 9015, and 9023 Rule 2016. Compensation for Services Rendered and Reimbursement of Expenses
(d)
(e)
2.
2 3
(c) DISCLOSURE OF COMPENSATION PAID OR PROMISED TO BANKRUPTCY PETITION
119
809
4 5 6 '7
PREPARER Before a petition is filed, every Every bankruptcy petition preparer for a debtor shall file deliver to the debtor a the declaration under penalty of perjury and
ti a yst t
thLet dtelai •ait,
to
thtLUnited StetLI-, t
t
t
L
8~~~~~~~~~~~ 10dMeft a t fl~ i t 1 tlt 9
flt
petittion, ut at
anuthtex twit. as the cot•urit iimay d±t•tt, aOrequired by §
10 II 12 13 14 15 16 17 18 19
11 0(h)0r) (2). The declaration shall must disclose any fee, and the source of any fee, received from or on behalf of the debtor within 12 months of the filing of the case and all unpaid fees charged to the debtor. The declaration shall also must descnbe the services performed and documents prepared or caused to be prepared by the bankruptcy petition preparer. The declaration shall be filed with the petition. The petition preparer shall file a A supplemental statement shall-bt-filed within -0 14 days after any payment or agreement not previously disclosed.
120
810
COMMITTEE NOTE Subdivision (c) is amended to reflect the 2005 amendment to § I l0(h)(1) of the Bankruptcy Code requinng that the declaration be filed with the petition. The amendment to the rule also corrects the cross reference to § 110(h)(1), which was redesignated as subparagraph (h)(2) of § 110 by the 2005 amendment to the Code. In addition, the 10-day period for filing a supplemental statement is extended to 14 days to conform with the 2009 time computation amendments that adjust most periods of less than 30 days to multiples of seven days Other changes are stylistic. Rule 7052. Findings by the Court
2 3 4 5
Rule 52 F R.Civ.P applies in adversary proceedings, except that any motion under subdivision (b) of that rule for amended or additional findings shall be filed no later than 14 days after entry of ludgment. COMMITTEE NOTE
The rule is amended by limiting the time for filing post judgment motions for amended or additional findings. In 2009, Rule 52 F R.Civ.P. was amended to extend the deadline for filing those post judgment motions to no later than 30 days after entry of the 121
811
judgment That deadline corresponds to the deadline for filing a notice of appeal in a civil case under Rule 4(a)(1)(A) F.R.App.P. In a bankruptcy case, the deadline for filing a notice of appeal is 14 days. Therefore, the 30 day deadline for filing a motion for amended or additional findings would effectively override the notice of appeal deadline under Rule 8002(a) but for this amendment. Rule 9006. Time
2 3 4 5 6 7 8 9 10
(t) ADDITIONAL TIME AFTER SERVICE BY MAIL OR UNDER RULE 5(b)(2)(Ej-or-(D) 5(b)(2)(D). (E), or (F) F.R Civ P. When there is a right or requirement to act or undertake some proceedings within a prescribed period after service and that service is by mail or under Rule 5 (b)(2)(C) or (D) (b)(2)(D), (E), or (F) F.R Civ.P, three days are added after the prescribed period would otherwise expire under Rule 9006(a).
COMMITTEE NOTE 122
812
Subdivision (0 is amended to conform to the changes made to Rule 5(b)(2) of the Federal Rules of Civil Procedure as a part of the Civil Rules Restyhng Project. As a part of that project, subparagraphs (b)(2)(C) and (D) of that rule were rewritten as subparagraphs (b)(2)(D), (E), and (F). The cross reference to those rules contained in subdivision (f) of this rule is corrected by this amendment.
Rule 9015. Jury Trials
2 3 4 5 6 7 8 9 10 11
(a) APPLICABILITY OF CERTAIN FEDERAL RULES OF CIVIL PROCEDURE Rules 38, 39, and5+47-49, and 51, F.R.Civ.P, and Rule 81(c) F.R.Civ.P. insofar as it applies to jury trials, apply in cases and proceedings, except that a demand made pursuant-to under Rule 38(b) F.R.Civ.P. shall be filed in accordance with Rule 5005.
(c) APPLICABILITY OF RULE 50 F.R CIV.P Rule 50 F.R.Civ P. applies in cases and proceedings, except
123
813
12 13 14
that any renewed motion for ludgment or request for a new trial shall be filed no later than 14 days after the entry of ludgment. COMMITTEE NOTE
The rule is amended by deleting Rule 50 F.R.Civ.P. from the list in subdivision (a) of rules made applicable in cases and proceedings. However, subdivision (c) is added to make Rule 50 applicable in cases and proceedings, but it limits the time for filing certain post judgment motions to 14 days after the entry ofjudgment. The amendment is necessary because Rule 50 F.R.Civ.P. was amended in 2009 to extend the deadline for the filing of these post judgment motions to 30 days That deadline corresponds to the deadline for filing a notice of appeal in a civil case under Rule 4(a)(1)(A) F R.App.P. In a bankruptcy case, the deadline for filing a notice of appeal is 14 days. Therefore, the 30 day deadline for filing these post judgment motions would effectively override the notice of appeal deadline under Rule 8002(a) but for this amendment. Other amendments are stylistic. Rule 9023. New Trials; Amendment of Judgments
2 3
4
Except as provided in this rule and Rule 3008, Rule 59 F.R.Civ P applies in cases under the Code. exeept-as
puvi•ud " ul 3008 A motion for a new trial or to alter 124
814
5 6 7
or amend a judgment shall be filed, and a court may on its own order a new trial, no later than 14 days after entry of judgment. COMMITTEE NOTE
The rule is amended to limit to 14 days the time for a party to file a post judgment motion for a new trial and for the court to order sua sponte a new trial. In 2009, Rule 59 F.R.Civ.P. was amended to extend the deadline for these actions to 30 days after the entry of judgment. That deadline corresponds to the deadline for filing a notice of appeal in a civil case under Rule 4(a)(1)(A) F.R App.P. In a bankruptcy case, however, the deadline for filing a notice of appeal is 14 days Therefore, the 30 day deadline for filing a motion for a new trial or a motion to alter or amend a judgment would effectively override the notice of appeal deadline under Rule 8002(a) but for this amendment. E. Proposed Amendments to Official Forms 9F, 10, and 23 Submitted for Final Approval by the Standing Committee and Submission to the Judicial Conference Without Publication
The Advisory Committee recommends that the amendments to Official Forms 9F, 10, and 23 be approved and submitted to the Judicial Conference without publication. These changes are largely technical in nature and are made to conform to the language of the Bankruptcy Code. Official Form 9F is amended to delete inclusion of the debtor's phone number. Official Form 10 is amended to include a reference to instruction 125
815
seven in the parenthetical at the end of numbered paragraph seven on page one, to include information about health care-related claims in instructions two and seven, and to revise the definitions of "creditor" and "claim" to conform to those definitions in the Bankruptcy Code. Official Form 23 is amended to include a reference to § 1141(d)(5)(B) in the filing deadlines note at the bottom of the page. The Advisory Committee recommends that these amendments become effective on December 1, 2008.
Text of ProposedAmendments to Official Forms 9F, 10, and 23
126
816
B9F (Official Form 9F) (Chapter II Corporation/Partnership Case) (12/08)
UNITED STATES BANKRUPTCY COURT
District of
Notice of Chapter 11 Bankruptcy Case, Meeting of Creditors, & Deadlines
[A chapter I I bankruptcy case concerning the debtor(s) listed below was filed on or [A bankruptcy case concerning the debtor(s) listed below was originally filed under chapter_ -(date) and was converted to a case under chapter I I on
___
(date)] (date)
_on
I
You may be a creditor of the debtor This notice lists important deadlines. You may want to consult an attorney to protect your rights All documents filed in the case may be inspected at the bankruptcy clerk's office at the address listed below NOTE The staff of the bankruptcy clerk's office cannot give legal advice
Debtor(s) (name(s) and address)
See Reverse Side for Important Explanations
Case Number Last four digits ot Social-Security or Indiidual Taxpayer-ID (ITiN) No(s)/Complete EIN
All other names used by the Debtor(s) in the last 8 years (include trade names)
Attorney for Debtor(s) (name and address)
Tele hone number
Meeting of Creditors Date / / Time
( ) A M. ( )P.M
Location
Deadline to File a Proof of Claim Proof of Claim must be received by the bankruptcy clerk's office by the following deadline Notice of deadline will be sent at a later time. Creditor with a Foreign Address: A creditor to whom this notice is sent at a foreign address should read the information under "Claims" on the reverse side
Deadline to File a Complaint to Determine Dischargeability of Certain Debts: Creditors May Not rake Certain Actions: In most instances, the filing of the bankruptcy case automatically stays certain collection and other actions against the debtor and the debtor's property Under certain circumstances, the stay may be limited to 30 days or not exist at all, although the debtor can request the court to extend or impose a stay. If you attempt to collect a debt or take other action in violation of the Bankruptcy Code, you may be penalized. Consult a lawyer to determine your rights in this case Address of the Bankruptcy Clerk's Office
Clerk of the Bankruptcy Court
For the Court:
I elephone number
Hlours Open
Date
817
Filing of Chapter I I Bankruptcy Case
Legal Advice Creditors Generally May Not Take Certain Actions
Meeting of Creditors
Claims
Discharge of Debts
Bankruptcy Clerk's Office Creditor with a Foreign Address
EXPLANATIONS 89F (Official Form 9F ) (12/08 A bankruptcy case under Chapter II of the Bankruptcy Code (title I1, United States Code) has been filed in this court by or against the debtor(s) listed on the front side, and an order for relief has been entered Chapter II allows a debtor to reorganize or liquidate pursuant to a plan A plan is not effective unless confirmed by the court You may be sent a copy of the plan and a disclosure statement telling you about the plan, and you might have the opportunity to vote on the plan You will be sent notice of the date of the confirmation hearing, and you may object to confirmation of the plan and attend the confirmation hearing Unless a trustee is serving, the debtor will remain in possession of the debtor's property and may continue to operate any business The staff of the bankruptcy clerk's office cannot give legal advice. Consult a lawyer to determine your rights in this case Prohibited collection actions are listed in Bankruptcy Code § 362 Common examples of prohibited actions include contacting the debtor by telephone, mail, or otherwise to demand repayment, taking actions to collect money or obtain property from the debtor; repossessing the debtor's property, and starting or continuing lawsuits or foreclosures Under certain circumstances, the stay may be limited to 30 days or not exist at all, although the debtor can request the court to extend or impose a stay A meeting of creditors is scheduled for the date, time, and location listed on the front side The debtor's representativemust be present at the meeting to be questioned under oath by the trustee and by creditors Creditors are welcome to attend, but are not required to do so The meeting may be continued and concluded at a later date without further notice The court, after notice and a hearing, may order that the United States trustee not convene the meeting if the debtor has filed a plan for which the debtor solicited acceptances before filing the case A Proof of Claim is a signed statement describing a creditor's claim Ifa Proof of Claim form is not included with this notice, you can obtain one at any bankruptcy clerk's office You may look at the schedules that have been or will be filed at the bankruptcy clerk's office. If your claim is scheduled and is not listed as disputed, contingent, or unliquidated, it will be allowed in the amount scheduled unless you filed a Proof of Claim or you are sent further notice about the claim Whether or not your claim is scheduled, you are permitted to file a Proof of Claim. If your claim is not listed at all or if your claim is listed as disputed, contingent, or unliquidated, then you must file a Proof of Claim or you might not be paid any money on your claim and may be unable to vote on a plan The court has not yet seta deadlineto file aProof ofClaim If a deadline is set, you will be sent another notice A secured creditor retains rights in its collateral regardless of whether that creditor files a Proof of Claim Filing a Proof of Claim submits the creditor to the jurisdiction of the bankruptcy court, with consequences a lawyer can explain For example, a secured creditor who files a Proof of Claim may surrender important nonmonetary rights, including the right to ajury trial Filing Deadline for a Creditor with a Foreign Address: The deadline for filing claims will be set in a later court order and will apply to all creditors unless the order provides otherwise If notice of the order setting the deadline is sent to a creditor at a foreign address, the creditor may file a motion requesting the court to extend the deadline Confirmation of a chapter I I plan may result in a discharge of debts, which may include all or part of your debt See Bankruptcy Code § 1141 (d) A discharge means that you may never try to collect the debt from the debtor, except as provided in the plan If you believe that a debt owed to you is not dischargeable tinder Bankruptcy Code § 1141 (d) (6) (A), you must start a lawsuit by filing a complaint in the bankruptcy clerk's office by the "Deadline to File a Complaint to Determine Dischargeability of Certain Debts" listed on the front side. The bankruptcy clerk's office must receive the complaint and any required filing fee by that deadline Any paper that you file in this bankruptcy case should be filed at the bankruptcy clerk's office at the address listed on the front side You may inspect all papers filed, including the list of the debtor's property and debts and the list of the property claimed as exempt, at the bankruptcy clerk's office Consult a lawyer familiar with United States bankruptcy law if you have any questions regarding your rights in this case Refer To Other Side [or Important Deadlines and Notices
818
BI0 (Official Form 10) (12/08)
[INITED Srt 1ES IBANKRUP'I CyCOURT DIS IRICT OF AIM
Name of Debtor
NOTE Ih•oisorm should not be
I
Nmber
edto make a caimfor an ad •inistratve expense arisingafter the commencement of the case A requeet for payment ofan admn•nuiratze expense may be fled pursuant toll US C § 503 Name of Creditor (the person or other entrty to whom the debtor owes money or property) [, Check this box to rindcate that this Name and address where notices should be sent claim amends a previously filed claim (ourt Claim Number
(Ifknown)
telephone number Fild on Name and address where payment should be sent (ifddifferent from above) I Check this box ifyou are aware that anyone else has filed a proof of claim relating to your claim Attach copy of statement giving particulars Felephone number I Amount of Claim a2 offDate Case Filed
$
II Check this box ifyou are the debtor or trustee in this case 5 Amount of Claim Entitled to
If all or part of your claim is secured, complete item 4 below, however, if all of your claim isunsecured, do not complete item 4 If all or part of your claim is entitled to priority, complete item 5
11Check this box if claim includes interest or other charges in addition to the principat amount of claim statement of interest or charges 2 Basis for Claim. (See instruction #2 on reverse side 3. Last four digits of any number by which creditor identifies debtor 3a Debtor may have scheduled account as (See instruction #3a on reverse side ) 4. Secured Claim (See instruction #4 on reverse side ) Check the appropriate box ifyour claim is secured by a lien on property or a right of setoffand provide the requested information Nature of property or right ofsetoff. Describe: Value of Property.$S_ LI Real Estate 'I Motor Vehicle I1 Other Attach itemized
Priority under It U.S.C. §50 7(a). If any portion of your claim falls in one of the following categories, check the box and state the amount
Specify the priority of the claim I Domestic support obligations under I IU JSC §507(aXl)(A)or(aXIXB)
ii Wages salaries or commissions (up to $10,950*) earned within 18 days before filing ot the bankruptcy petition or cessation of the debtor's business, whichever is earlier - II 13 S C §507 (a)(4) I Contributions to an employee benefit plan - II U S C §507 (aX5) Up to $2,425* of deposits toward purchase, lease, or rental of property or services for personal, family, or household use - I I U S C §507 (a)(7) LI faxes or penatiies owed to governmental units - II U S C §507 (a)(8) 1 Other -Specify appicable paragraph of II U SC §507 (a)(_ Amount entitled to prority: $
Annual Interest Rate
%
Amount of arrearage and other charges as of time case filed included in secured claim, if any S Amount of Secured Claim $ 6 Ciredit, Basis for perfection
__IFaesorenlteswet
Amount Unsecured $
I he amount of all paymenis on this claim has been credited for the purpose of making this proof ofclaimn
7 Documents: Attach redacted copies ofany documents that support the claim, such as promissory notes, puicbase orders, invoiees, itemized statements ofrunning accounts, contraetsjudgncnts, mortgages, and security agreements You may also attach a summary Attach redacted copies of documents providing evidence of perfection of a security interest You may also attach a summary (See nstruiction 7 and defintion of "redacted" on reve, •eside) DONOI SENDORIGINAI DOCUMENTS SCANNIN6 If the documents are not available please explain ATTACHED DOCUMENTS MAY BF )LSIROYFDAFI I R
Amounts ar Willer I to adjustment on 411Q10 and eveiy 3 years thereafter a th respect to coes commenced on or after the date ofadjustment
Date.
Signature The person filtig this claiei must sign it Sign and print name and title, it ans of the creditor or other person authori•ed to file this claim and state address and tIlephone number if diterent from the notice address above Attach copy of power ofattorine i anyI
Penaltyforpresenangfiaoudulentclaim lime of up to $500 000 or imprisonment for up to 5 years, or both
18 tIf
§S 152 and 3571
819
BI0 (Official form 10) (12/08) - ('ont
lhe Instructions and deafinrtmon, elow are general erp/lnynom, of them l•,
INS FRtIC I IONS FOR PROOF OF CLAIM FORM
n certain circumstances, such as banknrpic-v cases not filed i'ohtonariy b/ the debtor there mar he exceptions to there general rules
Items to be completed in Proof of Claim form (ourft, Name of Debtor, and Case Number 4 Secured Chlam. Fill in the federal judicial district where the bankruptcy case was filed (for Check the appropriatc box and provide the requestcd information if example Centrail District of California), thc bankruptcy debtor's name, and the the claim is fully or partially secured Skip this section i the caim is bankruptcy case number If the creditor received a noeite of the case from the entirely unsecured (See DEFINITIONS, below ) State the type and bankruptcy court, all of this information is located at the top of the notice the value of property that secures the claim, attach copies of lien documentation, and state annual interest rate and the amount past due Creditor's Name and Addresson the claim asof the dale of the bankruptcy filing Fill in the name of the person or entity asserting a claim and the name and address ofthe person who should receive notices issued during the bankruptcy case A 5. Amount ofClaim Entitled to Priority Under II U.S C. §507(a) separate space is provided for the payment address if it differs from the notice Ifany portion ofyour claim falls in one or more of the listed address [he creditor has a continuing obligation to keep the court informed of its categories, check the appropriate box(es) and state the amount 2 current address See Federal Rule of Bankruptcy Procedure (FRBP) 002(g) entitled to priority (See DEFINITIONS, below ) A claim may be partly priority and partly non-priority For example, in some of the I Amount of Claim as of Date Case Filedcategories, the law limits the amount entitled to priority State the total amount owed to the creditor on tdo, date of thc Bankruptcy filing Follow the Instructions concerming whether to 6 Credits complete items 4 and 5 Check the box if interest or other charges are An authorized signature on this proof of claim serves as an acknowledgment included in the claim that when calculating the amount of the claim, the creditor gave the debtor credit for any payments receised toward the debt 2. Basis for Claim State the type of debt or how it was incurred Examples ncludc 7. Documents: goods sold, money loaned, services performed, personal Attach to this proof of claim form redacted copies documenting the existence inury/wrongful death car loan, mortgage note, and credit card If the claim is of the debt and of any lien securing the debt You may also attach a summary based on the delivery of heath care goods or services limit the disclosure of You must also attach copies of documents that evidence perfection of any the goods or services so as to avoid embarrassment or the secuntyinterest You may also attach a summary FRBP 3 00 l(c) and(d) disclosure of confidential health care information You may be required If the claim is based on the delivery of health care goods or services, see to provide additional disclosure if the trustee or another party in interest instruction 2 Do not send onginal documents, as attachments may be files an objection to your claim destroyed after scanning 3 Last Four Digits of Any Number by Which Creditor Identifies Debtor: State only the last four digits of the debtor's account or other number used by the creditor to identify the debtor 3a. Debtor May Have Scheduled Account As Use this space to report a change in the creditor's namc, a translerred claim, or any other information that clarifies a difference between this proof ofclaim and the claim as scheduled by the debtor Date and Signature The person filingthis proofofclaim must sign and date it FRBP9OlI ]inhe claim is filed electronically, FRBP 5005(a)(2), authorizes courts to establish local rules specifying what constitutes a signature Print the name and title, if any, of the creditor or other person authorized to file this claim State the filer's address and telephone number if it differs from the address given on the top of the form for purposes of receiving notices Attach a complete copy of any power of attorney Criminal penaltizes apply for making a false statement on a proof of claim
DEFINITIONS Debtor A debtor is the person, corporation, or other entity that has filed a bankruptcy cae Creditor A creditor is a person, corporation, or other entity owed a debt by the debtor that arose on or before the date of tile bankntptcy filing See II SC §101 (10) Clam A claim is the ereditor's right to receive payn metl On a debt owed by the debtor that arose on the date ofthe bankruptcy filing See II 1U SC C 10 1(5) A claim may be Secured or unsetured Proof of Claim A proofeo clati is a form used by the creditor to indicate the amount of the debt owed by the debtor on the date off he bankruplcy filing The creditor must file the form tillt the cleik of the same bankruptcy court in which tie bankruptcy case was filed Secu red Claim finder I I U S C §506(a1 A secured chatn is otie backed by a lien ontproperty of thc deblor The claim is secured s long asthe creditor has itic nght lo be paid from the property pnor to olhcr crc•duors I be daUlnt O thle secutred claim canntot exceed tire value of the property Any aniouni owed to the crcdltr In excess ofihc value of the property is an unsccured claim Fxatnplcs of litns on properly include a mortgagc oil real estate or a secinty interest in a car A lien may be voluntarily granted by a debtor or may be obtained through a coort proceeding In some states, a court judgment isa lien A claim also may be secured if the creditor owes the debtor money (has a right t0 setoff) Unsecured Claim An snnccured claim is one that does not meet the requtremeTtsotasecuredelaim Aclaiomraybe partly unsecured if the amount of tie claim exceeds the value of tihc property on which the creditor has a lien Claim nutitled to Priority Under II USC §507(a) Priority clamnaare certain categories ofunsecured claims that are paid from the available money or property in a haskilipicy case bcfore other unsecured claims Redacted A documnent has been redacted whcir the pcrson filing it has miasked, edited out, or otherwise deleted, certain tiorinatton A ciedilor should redact and use only the last itur digits efanye oeial-'ccunrv, individual's taxidentfication or financta-accout number, all but file itltllhlr of a nouir s name ard only the year of any jersqoti'" date ofbtrth Fvdence of Perfection Fivdeince of ptrtceuton may inclttdc a mortgage, lien, ceriLficate of title, fittancing statemeist, or other docnieni •eoi ng that lhe lien has bcen filed or record, d
INFORMA [ION Acknowledgment of Filing of Claim To receive acknowsledgment ofyour filIng, you may either enclose a stamped self-addressed envelope and a copy of this proof of clain or you may access the court's PACER system (vwwv pacr pscufcourt' coy) for a small fee to view your filed proof of claim Offers to Purchase a Claim Certatin entities are in the business of1pntrchaosng claims for an amount Lcss than the face valuc of the claimns DOe, or more ofthese entities may contact the crcditor atid offer to purchase the claim Sone of thc writter communication, from these etaitnicsne a easily he contfused with official cutin documentation oi communications from the debtor [hese entit, do not represent the bankruptcy cortm or the detot I lie creditor has no obligation to sell its clann I Iowever, i the creditor decides to sell its clain, aiy rtulser of suich claim Issubtect to FRBP 301t (c), any ipplfiablc provisions of the Btanikruptcy Code (I U S C 10] c1 seq ), and any applicable oriers of the hbaikiuJtcy court
820
Form 10
COMMITTEE NOTE The form is amended at box seven on page one, and instructions two and seven on page two, to instruct the claimant that the information contained in or attached to a claim based on the delivery of health care goods or services should be limited so as to avoid embarrassment or the unnecessary disclosure of confidential information. The claimant is informed that additional disclosure may be required if the trustee or another party in interest objects to the claim. Page two of the form is also amended to revise slightly the definitions of "creditor" and "claim" to conform more closely to the definitions of those terms in the Code.
821
B23 (Official Form 23) (12/08)
United States Bankruptcy Court
District Of
In re Debtor Chapter DEBTOR'S CERTIFICATION OF COMPLETION OF POSTPETITION INSTRUCTIONAL COURSE CONCERNING PERSONAL FINANCIAL MANAGEMENT Every individual debtor in a chapter 7, chapter 11 in which § 1141(d))(3) applies, or chapter 13 case must file this certification Ifa jointpetttion is filed, each spouse must complete andfile a separate certification Complete one of the following statements andfile by the deadline stated below the debtor in the above-styled case, hereby (Printed Name of Debtor) certify that on __ (Date), I completed an instructional course in personal financial management provided by ,an approved personal financial (Name of Provider) management provider Certificate No Case No
F1
1, _
_
(ifany)
, the debtor in the above-styled case, hereby (Printed Name of Debtor) certify that no personal financial management course is required because of[Check the appropriate box ] El Incapacity or disability, as defined in II U S C § 109(h), El Active military duty in a military combat zone, or El Residence in a district in which the United States trustee (or bankruptcy administrator) has determined that the approved instructional courses are not adequate at this time to serve the additional individuals who would otherwise be required to complete such courses
L] I,
Signature of Debtor Date
lnstjuctaon Use this form only to certify whether you completed a course in personal financial management (Fed R Bankr P 1007(b)(7) ) Do NOT use this form to file the certificate given to you by your prepetition credit counseling provider and do NOT include with the petition when filing your case
§ 341 of the Bankruptcy Code In a chapter II or 13 case, file no later than the last payment made by the debtor as required by the plan or the filing of
R Bankr P 1007(c))
Filing Deadlines In a chapter 7 case, file within 45 days of the first date set for the meeting of creditors under
a motion for a discharge under § 1 141(d)(5)(B) or § 1328(b) of the Code (See Fed
822
F.
Proposed Amendments to Bankruptcy Rules 1014, 1015. 1018, 5009. and 9001, and Proposed New Bankruptcy Rules 1004.2 and 5012.
The Advisory Committee recommends that the Standing Committee approve the following preliminary draft of proposed amendments to the Bankruptcy Rules and Official Forms for publication for comment. I1. Synopsis of ProposedAmendments to Bankruptcy Rules 1014, 1015, 1018, 5009, and 9001, and ProposedNew Bankruptcy Rules 1004 2 and 5012 (a) Rule 1004.2 is new. It requires that the entity filing a chapter 15 petition state on the petition the country of the debtor's main interests. It also requires that the filer list each country in which a case involving the debtor is pending The rule sets a deadline for challenging the statement asserting the country of the debtor's main interests Rule 1014 is amended to include chapter 15 cases among those subject to the rule that authorizes the court to determine where cases should go forward when multiple petitions involving the same debtor are pending. Rule 1015 is amended to include chapter 15 cases among those subject to the rule that authorize the court to order the consolidation orjoint administration of cases. Rule 1018 is amended to reflect the enactment of chapter 15 of the Code in 2005. The rule also is amended to clarify that it applies to contests over involuntary petitions but does not apply to matters that are merely related to a contested involuntary petition. Rule 5009 is amended to redesignate the former rule as new subdivision (a), and to add new subdivisions (b) and (c) to the rule. Subdivision (b) requires the clerk to provide notice to individual debtors in chapter 7 and 13 cases that their case may be closed without the entry of a discharge if they fail to file a timely statement that they have completed a personal financial management course. Subdivision (c) requires a foreign representative in a chapter 15 case to file and give notice of the filing of a final report in the case Rule 5012 is new. It establishes the procedure in chapter 15 cases for obtaining the approval of an agreement regarding communications and the coordination of the proceedings with cases involving the debtor pending in other countries
(b)
(c)
(d)
(e)
(f)
127
823
(g)
Rule 9001 is amended to add § 1502 to the list of definitional provisions in the Code that are applicable to the Bankruptcy Rules.
2
Text of ProposedAmendments to Bankruptcy Rules 1014, 1015, 1018, 5009, and 9001, and ProposedNew Bankruptcy Rules 1004 2 and 5012 Rule 1004.2. Petition in Chapter 15 Cases2 3
2 3 4 5 6 7 8 9 10
231n
(a) DESIGNATING CENTER OF MAIN INTERESTS. A petition seeking recognition of a forein proceeding under chapter 15 of the Code shall state the country where the debtor has the center of its main interests. The petition shall also identify each country in which a foreign proceeding by, regarding, or against the debtor is pending. (b) CHALLENGING DESIGNATION. The United States trustee or a party in interest may file a motion for a
addition to the adoption of Rule 1004.2, Official Form 1 would be amended to include a line on the form where the foreign representative indicates the country of the debtor's center of main interests. The Official Form would also be amended to include a line or lines on which the filer would set out the countries in which cases are pending. 128
824
11 12 13 14 15 16 17 18 19 20 21 22
determination that the debtor's center of main interests is other than as stated in the petition for recognition commencing the chapter 15 case. The motion shall be filed no later than 60 days after notice of the petition has been given to the movant under Rule 2002(u)(1). The motion shall be transmitted to the United States trustee and served on the debtor, all persons or bodies authorized to administer foreign proceedings of the debtor, all entities against whom provisional relief is being sought under § 1519 of the Code, all parties to litigation pending in the United States in which the debtor was a party at the time of the filng of the petition, and such other entities as the court may direct. COMMITTEE NOTE
This rule is new Subdivision (a) directs any entity that files a petition for recognition of a foreign proceeding under chapter 15 of the Code to state in the petition the center of the debtor's main interests The petition must also list each country in which a foreign proceeding involving the debtor is pending. This information will assist the court and parties in interest in determining whether the foreign proceeding is a foreign main or nonmam proceeding 129
825
Subdivision (b) sets a 60-day deadline for filing a motion to challenge the statement in the petition as to the country in which the debtor's center of main interests is located. Rule 1014. Dismissal and Change of Venue
2 3 4 5 6 7 8 9 10 II 12 13 14
(b) PROCEDURE WHEN PETITIONS INVOLVING THE SAME DEBTOR OR RELATED DEBTORS ARE FILED IN DIFFERENT COURTS petitions commencing cases under the Code or seeking recognition under chapter 15 are filed in different districts by. regarding, or against (1) the same debtor, or (2) a partnership and one or more of its general partners, or (3) two or more general partners, or (4) a debtor and an affiliate, on motion filed in the district in which the petition filed first is pending and after hearing on notice to the petitioners, the United States trustee, and other entities as directed by the court, the court may determine, in the interest of justice or for the convenience of the parties, the 130 If
826
15 16 17 18 19 20
district or districts in which the case or cases should proceed Except as otherwise ordered by the court in the district in which the petition filed first is pending, the proceedings on the other petitions shall be stayed by the courts in which they have been filed until the determination is made COMMITTEE NOTE
Subdivision (b) of the rule is amended to provide that petitions for recognition of a foreign proceeding are included among those that are governed by the procedure for determining where cases should go forward when multiple petitions involving the same debtor are filed. The amendment adds a specific reference to chapter 15 petitions and also provides that the rule governs proceedings regarding a debtor as well as those that are filed by or against a debtor. Other changes are stylistic Rule 1015. Consolidation or Joint Administration of Cases Pending in Same Court
2
(a) CASES INVOLVING SAME DEBTOR. If two 131
827
3 4 5 6
or more petitions by, regarding, or against the same debtor are pending in the same court by oi against the saiii debLt , the court may order consolidation of the cases.
COMMITTEE NOTE By amending subdivision (a) to include cases regarding the same debtor, the rule explicitly recognizes that the court's authority to consolidate cases when more than one petition is filed includes the authority to consolidate cases when one or more of the petitions is filed under chapter 15. This amendment is made in conjunction with the amendment to Rule 1014(b), which also governs petitions filed under chapter 15 regarding the same debtor as well as those filed by or against the debtor
Rule 1018. Contested Involuntary Petitions; Contested
Petitions Commencing Anciliary Chapter 15 Cases;
Proceedings to Vacate Order for Relief; Applicability of Rules in Part VII Governing Adversary Proceedings I 2 3 4 Unless the court otherwise directs and except as otherwise prescribed in Part I of these rules, the Tite following rules in Part VII apply to all proceedings relating to-ta-csted contesting an involuntary petttton-to
132
828
5
6
7
plueeed• teiatii "d 6 to a cootetet!
petition or a chapter 15
atctillay ktca
petition for recounitiOn coi iJi1icii a ua-s fret-gnprc,,
nbý,• and to all proceedings to vacate an
8 9
10
order for relief. Rules 7005, 7008-7010, 7015, 7016, 70247026, 7028-7037, 7052, 7054, 7056, and 7062 -except-as
utlnwis piu vij tej in Part f of thesew rules,ad un'less tire.
11
12 13 14
c
o
d 1 .u.
The court may direct that other
rules in Part VII shall also apply. For the purposes of this rule a reference in the Part VII rules to adversary proceedings shall be read as a reference to proceedings
1Jlat111
15
16 17 18 19
tU a
ct•ietsd contesting an involuntary petitmn-ot
contested-anrflary petition or a chapter 15 petition for recognition, or proceedings to vacate an order for relief Reference in the Federal Rules of Civil Procedure to the complaint shall be read as a reference to the petition. COMMITTEE NOTE The rule is amended to reflect the enactment of chapter 15 of 133
829
the Code in 2005. As to chapter 15 cases, the rule applies to contests over the petition for recognition and not to all matters that arise in the case Thus, proceedings governed by § 1519(e) and § 1521 (e) of the Code must comply with Rules 7001(7) and 7065, which provide that actions for injunctive relief are adversary proceedings governed by Part VII of the rules. The rule is also amended to clarify that it applies to contests over an involuntary petition, and not to matters merely "relating to" a contested involuntary petition. Matters that may arise in a chapter 15 case or an involuntary case, other than contests over the petition itself, are governed by the otherwise applicable rules Other changes are stylistic. Rule 5009. Closing Chapter 7 Liquidation, Chapter 12 Family Farmer's Debt Adjustment, and Chapter 13 Individual's Debt Adjustment and Chapter 15 Ancillary and Cross-Border Cases I(a) 2 3 4 5 6 7 CASES UNDER CHAPTERS 7, 12, AND 13. If in a chapter 7, chapter 12, or chapter 13 case the trustee has filed a final report and final account and has certified that the estate has been fully administered, and if within 30 days no objection has been filed by the United States trustee or a party in interest, there shall be a presumption that the estate has been fully administered. 134
830
8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
(b) NOTICE OF FAILURE TO FILE RULE 1007(b)(7) STATEMENT. If an individual debtor in a chapter 7 or 13 case has not filed the statement required by Rule 1007(b)(7) within 45 days after the first date set for the meeting of creditors under § 341 (a) of the Code, the clerk shall promptly notify the debtor that the case will be closed without entry of a discharge unless the statement is filed within the applicable time limit under Rule 1007(c).
(c) CASES UNDER CHAPTER 15. A foreign representative in a proceeding recognized under § 1517 of the Code shall file a final report when the purpose of the representative's appearance in the court is completed. The report shall describe the nature and results of the representative's activities in the court The foreign representative shall transmit the report to the United States trustee, and give notice of its filing to the debtor, all 135
831
25 26 27 28 29 30 31 32 33 34
persons or bodies authorized to administer foreign proceedings of the debtor, all parties to litigation pending in the United States in which the debtor was a party at the time of the filing of the petition, and such other entities as the court may direct. The foreign representative shall file a certificate with the court that notice has been given. If no objection has been filed by the United States trustee or a party in interest within 30 days after the certificate is filed, there shall be a presumption that the case has been fully administered. COMMITTEE NOTE
The rule is amended to redesignate the former rule as subdivision (a) and to add new subdivisions (b) and (c) to the rule. Subdivision (b) requires the clerk to provide notice to an individual debtor in a chapter 7 or 13 case that the case may be closed without the entry of a discharge due to the failure of the debtor to file a timely statement of completion of a personal financial management course. The purpose of the notice is to provide the debtor with an opportunity to complete the course and file the appropriate document prior to the filing deadline. Timely filing of the document avoids the need for a motion to extend the time retroactively. It also avoids the potential for closing the case without discharge, and the possible need to pay 136
832
an additional fee in connection with reopening. Timely filing also benefits the clerk's office by reducing the number of instances in which cases must be reopened. Subdivision (c) requires a foreign representative in a chapter 15 case to file a final report setting out the foreign representative's actions and results obtained in the United States court. It also requires the foreign representative to give notice of the filing of the report, and provides interested parties with 30 days to object to the report after the foreign representative has certified that notice has been given. In the absence of a timely objection, a presumption arises that the case is fully administered, and the case may be closed. Rule 5012. Agreements Concerning Coordination of Proceedings in Chapter 15 Cases 1 2 3 4 5 6 7 8 Approval of an agreement under § 1527(4) of the Code shall be sought by motion. The movant shall attach to the motion a copy of the Proposed agreement or protocol and, unless the court directs otherwise, give at least 30 days' notice of any hearing on the motion by transmitting the motion to the United States trustee, and serving it on the debtor, all persons or bodies authorized to administer foreign proceedings of the debtor, all entities against whom
137
833
9 10 11 12
provisional relief is being sought under § 1519, all parties to litigation pending in the United States in which the debtor was a party at the time of the filing of the petition. and such other entities as the court may direct COMMITTEE NOTE
This rule is new. In chapter 15 cases, any party in interest may seek approval of an agreement, frequently referred to as a "protocol," that will assist with the conduct of the case. Because the needs of the courts and the parties may vary greatly from case to case, the rule does not attempt to limit the form or scope of a protocol Rather, the rule simply requires that approval of a particular protocol be sought by motion, and designates the persons entitled to notice of the hearing on the motion. These agreements, or protocols, drafted entirely by parties in interest in the case, are intended to provide valuable assistance to the court in the management of the case Interested parties may find guidelines published by organizations, such as the American Law Institute and the International Insolvency Institute, helpful in crafting agreements or protocols to apply in a particular case
Rule 9001. General Definitions I 2 3 The definitions of words and phrases in §§ 1001, , 902, and-ý 1101, and 1502 of the Code, and the rules of construction in § 102, of-he-ende govern their use in these 138
834
4 5 6
rules In addition, the following words and phrases used in these rules have the meanings indicated
COMMITTEE NOTE The rule is amended to add § 1502 of the Code to the list of definitional provisions that are applicable to the Rules. That section was added to the Code by the 2005 amendments.
139
835
Ill.
Information Items (1) Statutory Time Periods Affected by the Time Computation Rule Changes
Bankruptcy Rule 9006 governs the computation of statutory periods as well as deadlines set out in the rules and court orders. Amending that rule to provide that intervening weekends and holidays are no longer to be excluded when the time period is less than 8 days would effectively shorten those time periods. The Advisory Committee reviewed the Bankruptcy Code and identified sixteen deadlines of less than 8 days in the Code. Ten of these deadlines are 5 day periods, four are 7 day periods, one is a 3 day penod, and one is a I day period. The Advisory Committee recommends that, with the exception of one 5 day period that is expressed in terms of "business days," Congress expand the 5 day periods to 7 days, thereby essentially retaining the amount of time typically applicable under current law. The Advisory Committee recommends that the four 7 day periods set out in the Code remain 7 days. Retention of the 7 day deadlines arguably shortens those time periods, but adding two or three days to those deadlines would run counter to the policy of adopting periods in multiples of 7 days. Finally, the Advisory Committee recommends retaining the 3 and I day periods under the Code because the provision that includes the three day period is set out as "3 calendar days", so Congress has already provided a computation method for that deadline. Finally, the one day deadline cannot reasonably be extended without contradicting the apparent purpose of the current statute. Thus, the Advisory Committee recommends that the 5 day periods in the following provisions of the Bankruptcy Code be extended to 7 days: 11 U.S.C. §§ 109(h)(3)(A)(ii), 322(a), 332(a), 342(e)(2), 521(e)(3)(B), 521(i)(2), 704(b)(1)(B), 764(b), and 749(b). (2) Backward Counting Deadlines The Advisory Committee discussed at length the computation of backward counting deadlines under the proposed time-computation amendments. In particular, significant concern was expressed about the Time-Computation Committee's recommendation that state holidays be included in the computation method. Under subdivision (a)(5), a backward counting deadline that ends on a Saturday, Sunday, or holiday would continue to the "next day" that is not a Saturday, Sunday, or holiday. Since it is a "backward" counting deadline, if the last day of a backward counting period is a Saturday, the "next day" would be Friday, and the action or filing would have to be completed on or before that Friday If the last day is a holiday, the same rule applies. That is, the next day that is before the holiday (and that is not also a Saturday, Sunday, or holiday) is the day on which the action or filing must occur. The Advisory Committee is concerned that parties will be unaware of many state holidays and will suffer the loss of rights for failure to act timely under the backward counting system as it applies to lesser known state holidays. Many of these holidays are not well known, and they pass without any other recognition by the federal courts Nonetheless, a backward counting deadline that ends on Victory Day in Rhode Island (the second Monday in August), would not end on that day, but would end on the Friday before that day. This would shorten the time for a party to act, 140 836
even though the federal court is open and operating on the day of the state holiday. To the extent that the decision not to exclude state holidays from the backward counting method was based on the assumption that there are relatively few of these deadlines, that assumption may not be appropriate for the Bankruptcy Code. The Code includes 80 backward counting deadlines. Attached is a spreadsheet that sets out these deadlines. Also attached is a spreadsheet that sets out the 18 backward counting deadlines included in the Bankruptcy Rules. The Advisory Committee recognizes the interest in and need for uniformity in the adoption of a time computation rule, but it also believes that an exclusion from the backward counting method for state holidays might be appropriate. (3) Draft Minutes Draft minutes of the March 2008 meeting of the Advisory Committee are attached.
ATTACHMENTS Spreadsheet of Comments on the Extension of the Deadline for Filing a Notice of Appeal Spreadsheets on Backward Counting Deadlines in the Bankruptcy Code and Rules Draft Minutes of March 2008 Advisory Committee Meeting
141
837
BANKRUPTCY RULE 8002 COMMENTS oýmment# Name 1 McKee 2 Wzmur Status10 Pract B]X 14
X
30
3 McGant
4 Heller 5 Efremsky
BJ
Staff Atty 10th Cir
BJ
_
X
X X
6 Myers, T
7 Tucker
BJ
Pract
X
X
8 Boswell
9 10 11 12 13 14 15 Boroff Sontchr Lyoons
BJ
BJ BJ BJX BJI BJ
X
X
X X
Fterald
Kressel Dodd Easterbrook
X
X
__
BJ
7TH CIR
16 17 18 19 20 21 22 23 24 25
Brown Adams MoCollough Goldgar Grammar Gay Starzinski
BJ BJ Bi BJ
Court Clerk BJ BJ Pract
X X X X
X X X
Mahoney,
Bussart Rogan Lennox
T
Pract Pract
Prof
X X
X
26 Resnick
This comment was submitted by the four Bankruptcy Judges and the Clerk for the
27 Schermer BJ X -
28 ABI
_
29 Brandt 30 Mich Bar
Assoc BJ Assoc
X X
IXXX!
This an -s aggregation of responses, and I would suggest that the position might also be correctly charachterized as a Preference for a 10 day deadline The Clerk of the court also joined in th is comment, and they suggest that 30 days
ED Mo
31 Teel 32 Cal Bar 33 NYC Bar
34 CLL[A 35 Wallace
BJ Assoc
Assoc
X
X
X
is also acceptable
Assoc
Court Clerk
X
X
3 7th Cr 37 ABAAso
Assoc Pract BJ Pract
This comment actually suggests that the deadline be made 7 days to conform to the multiple of 7 principle
X X
BK-2
Klee BK-3 Mannes BK-7(same as 23)
--
BK-9(same as 26)
BK-1 3(same as 29)
Prof
BJ-_X
X
BK-15(same as 33) BK-22 N-BC
Assoc Kssoc
X
App 1
838
Co
~
~r
~3
S
S S
T
C
C,
CL
C
-
on
Dr
CC
C C C C
Ž2 33
CO C
C~
2 50
C
C
C
C
C C no Oe OsCtC CCCC;CCC ~0 g,
2
9
CC ~
__
S
OS
S~~E
C-~jC CE~,0
,.C
5
C ŽCSCŽ OCCOCS
0
Ž~>~ C~C
r
CCC~ o3C2t~ •aC~cS~~ CCCC~N CCC 550525CC LU = -'U C
En
CCC go9
CCC
9 r
to
~CC CC
~C
SC oCCEC' 5CCt5~
tCs
~ e*~CCf~3
~CC
~
5~t~2o S
ŽoC~
=r~~-
o~
~ Žs9agbŽ
Cfl ~
C" UoCC,.C3O~!C orb, ~50 0 C~ U CC C CC~C3~S 0C~J3CO
C-~
5L,.5C 0C~CCC
ccvCCC CE-C. ~Ou~3C &OŽCC-~ aoo-" Co,.CŽr nQ~~ss OEŽs~ C -- CC ~~*COC Co~
LCECCUUC ~ ~CCOC~C
COSOQ wtO 2
' ~
,
a a
55C~~~~n 5 ~3E~,s
Er
,'
C' 0~
C=vtSs ,.C~,. CCC C~E 'CO~~~C ~ CE C rCLC
5
C~StaCS
Si
CC~C
,.r SF
-C ~C CC
CC
CSC 0Ž3
E~t
~
so
USC C
CC U
sor~Si.cCCC~~CCCnr, 55Ž0 5Ž Ec
2~t}1~"~"~'
CC EgO~~ 5 ~ ~SCEEFCSiU,. 0CCC~C --
~'3
5
53
CC
2
S
cE'
Ž-~C
SC
o
C~
C9 nets C -CCC
5
~,o't5$os~
g
F
00-Ca C CC ~CflC~
nctflCSS~
~CC
CvCQ3,CCC.~
0 5 0CC CC ECCC 0 CCAC OCOC ~'UEE
CC CC CC
C~5~C~ C C~ 2CL~ŽŽC C5~5S 35Cr ~CŽ CCOL~0C CCCC 5 ~CCrE3C -E~"*~3 ŽCLCOC C'UC~CC,. 9C 2 ~ ~ >ŽC CCCCC
0
CrrnC~CC C
S
to
CC
200Ž 'U 5=5,.
~
CE
0
C0
cC
C~ EU. C CC
CC C-C C CCOg CCC~ EoOWC-SCC S53~SE3~ CCC 50CC ~C=,. CCCD~CCCCO ~ C~C Cfl sL~~'CC CCCii2Z~5OC 5CC~5~~C5C COECr ~gC~"23eg CCC 0
C ~C 5 5 C' COtS-SC CCCg CCC~CC C~CO OCEC ~ 0 05 EC CE~C ~tC CECO CC-=CrCŽ 50CC ~5=o ,'C U C~ ~~C5 5C~C -C,'oC CC Er CCCO'CO -So CO C CJ -~ C ,.5C ~CCS rC5~C~5 "S C C 0 C,.C 2 ~C,.>CO&C~ CC ~ CSC.5 Cr
C
C CO C9 '-2 202 CC -
C
355 CSEC ~CCz C CCOC~O CCw,~CoC t~'c~' C~ C 0 SCOCS t tN CtCL5 CCCj
0
CO
C C CCC 0C C C C C 0 CCCC Ž"3&t 5 CCCCLCCC5 CECO ___
CC 53
CE C~ C' CCC 5-~ C C C 50CC c ,. SC C,. E52~C~9'OE cC~COC C 0C -CCCC CCC 0 3~CC~CCCO5 F __ __ _ ___ __ _
~C CCC tCCC'CCC 00CC S~~CC5 -. ~o~92ocoC CCC 'UCC VC'CC-
59CC Si~C~S~ C~ Z C~EOrb "5c~-C' C-CCCSC CU C~9 UCC C 5C C~ CCC >0>5,. CCCCCCU C U C 50, ~ 55~5 C CC
0
__ CC-E9~LoS~E
CCC C 0 0 ___
E&C~iC2OUŽtCC CŽOCoC~Ce CCrCCCO CC==CLOCCWCrS 0~5.~awCSa5zo~CCCCC3CS 9'3~WCCCCCCtI~ ~2 33 C 4 ECWC5CThCCCCCS~ _ _
(4
O C
4 C
2 -
4
_ C
C~
m
C 5 U',
ol
-C
t-------__
C-' -
-
C-
C C~
C C
<Ž
C
C
- CCC C-)
Co
C
CC
C
C
C
839
E E
C)
T
C
(0
0.-~
3'
CO 2 Ow N CC 0.CO CCC C2~ NC ~C3 C~t ~ a C 00 -9C o.~ CO Cr 0.o 2 C = C OC 0 to o C ~Ca C9 C~C C 2 cc C CC a C a~ a ~C CCC C CECOCCCNOC W~enaNC~F-H~~
0
* C o ~
C -~ Cot
3
o C
3
C Ova
'co N fl FcC
r
C a.o NC Cr 3 Cr3 ~fl C~NC.~t ONCCCC CCSC a C~Co -2 0 C
0
-NCC 30CC~F
C
~ CCN CN~ OCOFO
CEEC
0289
~o~C C202
co-CO C ZOO C
C
o
C
o o
C~CC~C CCZOZ rC0 CO3g-t
CC
OCOC C~nt~ CC~.~2 0000 CCNC s-C CC~C ~, caB -~C C3C CZ CC~ ~C -~ C
CC
a~ -~ ~
C
a C
~b.. OCD
N N C r C atOfl
3
C C
4 a 0. 4
0 -O$~
~O~2
aC a 0
Cot
~0
C&CaŽ --
*~C B CEO Cr CC.CC OC o2 N
0-
-E
C~ CC 0
0aC~ 2'~C
09 S owo.-, CAC ~.--r2~-
C-a rCZ~~C~2 C C-~00 C
0 0 0 0
-0
*O C>
C
-
3a OCCOC
3CC~
.5.CCC'
NCCC aO ~ ~ CC0~C
0
3~0-
C"Na
0
2
a'CC <N> rn aC ~*-9 -z C-CC -a a 2C~ %~C
-D
~O
a-C~3E CrC
.2~S 2-oS
0
CCC SCar r CN
<NC a. 0 C,-r ~N> -a
=3
5
C. a a 0 o NC a
0
rCtt-~ C 2OCF, C~ ~3 -C-C CONCOOC r22o NC> ~ C C>.-o> 0 ~ ~ CEBNSeNCOCCC 00CC rCoo ooa.o0>aCC .C C Cc.>g.0 3 ~ 0.C0C 0 C N C ar~03 <NO ~O0CCto > 0-C OC~t _ _ Oart. CroZCC CO E~~50o ~
8
0205
t~g
C a r~C 2 0=0 COt C
C
r
C
t0320
CC Zr CC a ~5C2 __ . C CC
~o~3 ~C N od)~Th
~tAc
0
fl~C 0CC ~CN
CN~ 0
>C; 2
~ 2CC 2
~oo
rC N-Cr a~C C~ ~0o COO C oCo, -~ 3~O C
S
200
202 ~CO~CcCc C OEo~0CCoNC C9 r a C0 ~r ~ t ,t~0CS2~a tC~C 3 ~ 3E$2t -o-" co ~-o 0 2 O>~Ž~aC.3 3CC C-C Co
CONCCZCOONC ~ C2~oCCC.g2C,3aCoCC ZCVNNOCNCCCON2 9 ~CCCOQ
oCCrB
~C3
0. rCN~ O5CC tOC N5NC CO-n ~NE~0' N C 00 C ~ gao
cc
C~ Ca
~ ~ 0 2.20 NON
o~Cr.,22
NNC floOCC 0 C
C
C C
73~2
N=C> 2~CC~ -cCCC9o~ o~>-~
3.20
000 -
C~O
OE.-c~
~ 3 S our -23 ~Ca
o.-~2CO> 9CCN~0 Ca.-09 C~ C~NC 2 NOo, oC~i; FCx~CCcca 0 Cr~0~JOC CCC~N2't C OW~C~'d 3 a,L CCC ~0Vt 30-oC -C-CE CC~C~ ~ 0.-aC bCt.o CCC-n-g 0 2
CC E20~C
osccr. (00Cc-con F-NC0C -
0 0 N"C5~
a 0
ocA =C
~ Or CC -rc,~
00
2~~'Zoo
CCC CC
C~ O~~00CC t§CatCNC~CNC0~
0
NFc~
SCoco
<-So R
a N C
C 2 N N
N 0
no;
CO a
N N
ac 0
a 0
0,r
00 0N
N -
0N
0-c
N
CE
-
0~ 0-
N -
N 0~
'-
-
o~
N
cc,
0 N
N
N
N -
N
0 -
0 N
N
N N
c-c C-c
N
840
~,2C
C o o
000<
CO
I
U
p
or Co
_______
______
Cd C ~ *-Thwc ~-0~fl*~O
Or~-a
00)00
~
0CC~0a0t ant ~LU D, 00=
00 ~Ci~
3
~
t~
oa
r~$ ~
ooot oo~ u3~r
8aL~ .or=O~ -=0
_
~oro ~
Co ~
=0 oot ~ioN LU
o~
artE
OSC
JS=
~~auNo~o~g 0 ~-22
ooCa
--
g~ ~tz~ 00=OL~==O=C0~=
0
~U0 -O 0~0o QCZ(0" a
2~ro
>00~
==~~ ~ a
!AO
-*
o
~
0~00 roog
Co~,
~o
iLO
00 ~tfloL
o~~2
c~XC~o 0 aSŽp US a 0 o~ao~0
C LU C
a a
2 -2
o
Ow ~ ~.0
o~ o-aor
~
COtg C~c ~2w~Tho
~g
ma o~
gOg,
=0(0 ~20a0C0
~ aer
2
-Sr on5)a~
c0~0 oflacooLi C~O0 ~ ~ -O C~
-at -
o
,,5
LU
s~
U 2 LfiC
co,,S~
0 Ca0~ ~ 0 =0=0 -
=~S 0=0
o
c~o ~a00
0 ~0C~ as~=~ a o~a;ojc~0nL
-o -
cooc -=000 COa3 0= 0o~0
ct~!vg
~o~S5 (Un
a 00= On
0~ao
~
-o 0
0
000
CBCS 0=0
coo 0
::::
~ =C=t -0 C
oZr 02 ~, ~ 000
on.LU('
(0 ~ca=CaC ooo ~
~a
0vC~"b =
=n
CU
arn~t~
0CC ¶o~~ -0c~50 ~o~o a ~
0
~(U~ 00 0 U ~
~&g
a
~
AS=
ta a ~ LU 0 0=0 ~ o 00~ OCo 00 v~0= =0
~RCo ~ oo,~ ~ LU Coon
~rt
~0ci, '-&00 LU -
3O2~~28 gflg~~
at 0~o05 0= .. aC0=20 (0> r ~-a 00 0 -0 ' Z~0o~ ~aUfl=0 OO~3O 0 as, LU 'a o
0
-=
50Cc
gnat ~
g~o0~~g U
0~-0 00 ~ 0
eCo,
ot 10 -C>-
o ~9~o 0 C2rt (U 160 ~oao aloc Cgg~ ,aAS~2 ~oo~ LU~fl ;~t0nr
a a
~0 LU ~- no 00
0 o ot" 5=000(000= LU
~
~3
SC~=
~
~o n'o0~=0 -~ Cr~§2
0
C
na-LU .o
o~~od~
LU
~
0 O~00~0O~n ~ ____
~
~g
000 tEnt
~
snorn~oZO OCaC ~gz~22~C taG ~o 0 0 2 a .C-O===~>0t,0 a~V~ LU 0 0 0 ~~Ca Zoo 0-0o<~
0
500LU=>
On
o
0=
0
,00n~~0oo>~00 ~ -
Sr==
____
5~0~~0%
E~8
so~2~~e
aa ~c., tooSOnC-5
S
C)
o 0 LU
a 0 a a (U
a 0
'C
a
C) a a a
(N a
-
0
a S (N
(N 0
N . (0 0
(N
N 0
N (N
(N (N 0
(0 'C
-
=
a
a
aNN
-
(0
0
841
~c
E
E 0
Zr
e
(9
00)
I-
-
0,
*0
0)~
CO
0)C
CZp0)~~0)r~ oo o~o 0 )
0
0 )
rt-~-~~n
0)
~2 E0),~ E
~
~ ~ 0C~JNuC c~giso o
~0)*fl0b0) 0)~0)0)0)$,~
~
00)
0)0)
o ~&'~scov.~
*
'2 -~Sr0) -B)' ~t00rv~
~C ~c0) vo0~Y~S0) Cr -~C 000) a OS 0020 0=0) 0062 _
2
o~ 00,0:
2
t
0so
ZrzjC
0
gO
)
00 O
*
~-c-
~t'
vo)'-..0)t c.o0t0 .0)Ca
~r ts
0
00t0)
o
o ~0)0) O0)~
~
S
~
.
ce'~~~ fl0)~0)~C
2~~v
0)
3 ~g Zro o0 ~0)2
0<
C')
a a 0<
r00)O~ C..-~
C =
at
-~ ~2BO aaa0)0)0=N~0)c~o na-C
0
OSCa
2:
CS
c"'E0)~= 0)o=EB2S~ 0)-0=~~
~0b)'S w~~oY
, 0 -00)
0)Er~r)0)~ a 0 ) ,a0) CnaUC.C0)~Oi~XC 00)
0)coo~ -o 0) -
-
Os0)C. £0)F~9~ -~ __ 0) 000)-U)')' t~a0)C a ~
)'
-o
a
-~
t)'o
*~>2~0)
O0)0)a~ _ wo n~5C
~
-~
)'
0)C0)~ _ _
_ -Ba anao~.~.ra
2 ~S,, ~=C
Z~c-0)r
0
oo ~
n:'~nC= 0)" -~ 0))'C
0)' ~'0)
C
~0 C
C
-Ct--0 nt)
C)')'
00 0
*-c0)t
~ rn~Rog.~2E0)
no-c
a
~CcOo~e ooeC~o o
~0 NOO,,E0)s0)NoC 0CC ~IEC0VZ
0000cC
-
0)~ao0~0)Es0)O
00--~ 000-0) 0) -=0)0
~ 0)-)')' -r 0 ) C C
0~~0) ~ -~ 0)
~ -"
00)0)
-
o-o h~Oc>t
0)~
_
S
so
t9S~S
C 0)00)0)
0..~0o=2C~0)~
2.0)S.-r~
000) C==C)~0)0)0) -)~ C)' ~00 0)00)~,o~0))'
~
~O?~2
tn*=
0
e2b=c0~~
O-O~C )i0)b0)~Ž.~O~2~Zr20 0Sv0oCoc ~0o.~U
0 )
~~*-
ZC0)=
00
0)
-
"A
0)0)
00~-BBO-
Zoo-C 0)00-0000)
0)fl
a
'B
0 )
aE C-n
0
~')'00)
____
-raor
36
C
-
y 0 0 0 0)00)C~ z0) -ro~3o~ev
gn 0
2
~
0~~ '
0 0 )
2 0 )
OEn0)0 C
0
r~~
~
o 4
N 0 0 0
0) 0) 00 9 0
U '~
N
N 0)
0)
' 00
N
On 0) 00 00)
N
N
)O4 C C 00 00
0fl
4
B 0-
'~
0~
-
0)-
0~~
-
0)
0)
00
,-
0)
00
842
2"
1,0 011< Ow s• Ž0 IN0-0 ~
9 E
o
1W-rn>, 002<1,00 5 21 II <0 I
9
II
____
________
VI"
9F-0Ia01,
C
(0
U-
0 I: 0! Co o I. 0 -t Ofl I1tI~ -~ 5,0 WOA COCO1,> ~C 0 0 >1
1 1
II
-~_______
____
-~
________
ID
ID 0 a
Cl o
9
C~W
SI
-_____
tN~
2
"a"
9
o9
~01ra,>,~
0
~
0
I~
f
z~l~
2
.001~
~9
a
5
as~to on9II01~< cI-001cW ID 99-ro 9
0 5
~Ž
E~S~>~9
0a,~2 0 tacOI onCE I~001a >10 *~na a
0
a~
~sscC-O a-c2;~~~
o
O
,-OJ~oo,,019Ea Coon 1.CZ 90 0
So I~ 010
½ID
a~
o o
a
0 1
O9~O0101
C~
o
ga401~a g~ 9 I-WOO ~Sa ts0;~t 5>~c o-U2---In-ID 01 r ~>1I>~
9
0o0
U
W OlOID
u ~ -'>'~0
0
~0
1
E>
0
1~t ">1 0 OW Cob ~ oor~3 01J~g 000 -c
0
0
~-
0
~001
E5
-I-
~
aEo~j~~ 01>100>
~ Cfla9a2 aID0ID-~CaC00 ~ WZ~~
00
00 t~2 ~'0101
a
3
a
acID
>1CSII1,>ICIJ
090 ~1,OI1,
-0
oSo'
~o a
~
00 cc c-n 5o0 01 II 92<9 a=~'~Oy >01 toI->' IDIW<CCO 99I1Ia
ssg Ž9
1 ~
ID
0
0
1
fl>, Ojfl StaI"a 0
9
E>,fln ID9~l01,~W~Cl>IW
0 'I-Ea-COa I-01 =00n WIOCOID ~to-oo9 CO 0C0lIINO<~
fla9S3o
atos 09<*, 1,01SOOa Sortw ~oO9
0100 C01>01ID ar a~ taso
9
01 3S 0~
9go01
0
"a ID01001Ian o nnO 9
0 __ ~ CO
CCC 0 r00a07OC ~1~1,
9~ac
9~< -.-- 0
C
~W1,
-, -D O~I~ 2 Z
~
~½o"
Ž32o
~1,aC~CO W~01~oo> ~CCnO~j 0 1 s,~-~O01
aO2<~a go~9O9I
ID ~>ID 9~C~5501 -. -o 0 InlI~"~t~l1 >10<019W~O _ 12 tIb9t~E COOIDCIW IDIDI.. ocOi>1CWo~ 90ID0190tolooaCS j0>o0I~O~ C II
IDS~a~gSe~~tOo Oc~~~OSOaIDC
I-fl
SoS
O~E;n 0 01~p3 t1,OID1lI0soI~ 9
01 o ~ C
0 1
~ o.,; >~n >-*00
0 ~0O 01,0 oI0 -SC ~r00
~ ~
0 2-
a;.
~1,0
e~~"s~ CI-~9Co
O~CIDOc ,soAo~Z
0
SOID
09 e~ >1, Oa>1otlc >1t<%0100~ 930100190
aOCccOO 9 ~ 0 or 9 0 01 so ~I)5X0~ ID Or-flO~O9
t,>~
OCO CO
1,0101 C
00 a> ~
SCC10fl013I>
-
fiIDOWC0t~C C 2~ ~-C9ID~ 3-a 01 ,OWO'W>1fl tO 9z~3>2Z~EO a 9;oc~~"~ -
C01010 0100 oaO<099~ >fl>1CSOO
_
0 1
c 01 ~ I-
0~
1,c01 Soc
£200 an
3rnCooa--S
901~o
0 1
gtD>1
0
01CO~ S~WJ01I-O
S9o9 -'01~I-
2t 9 ~ t tOnoWfl1bO
9
a&WE~ ror
0~OCID QICOC oca0V
05100
01 a
-C>'~C~C
C
rn~
01>1W C
-
~ ID59O~t£
3
o~I-C >1 IDO 0~01C ~OO1L 0)0I~ IDoc999a£~ID >1 C
...Cl--o.-r 3<-001'02 0SE~~01 01 OOCOIDID ID~0O
0
l0c~EIDI-o=O0
CO 000 oS~ 01r~ 9oo oO~ ID a~W -C
oS<~oot0r ~C~0E9I-<01~>1 ,oOsflIDatIWC IInr-.0o2900
_
9
>
~01'C01~~ ~ ~flooa~In.I >'ot~O 002<I-~ <1, ~ OJ01~ OlIb 00
a
9>9
~01~~an03ID
93,-
~-r~
9
g0~59~,3O93;9zoSp" a 01 >191,oO0IDO~W9lII~~0 01>10I-OIDOID a 1, c~t~2oos>t -~ -1,010 O--OI-a doob
IWIWcO~w 'I a ~~.CCZC 900-sr0 C
~ ~01o0oIu01COo9WItO -
~f~pg-g
ID" o;,~~~'5 001I-9r~I~c1,c o9O>1LI1l~99 OI 3 I2C~IDID >t9~~9~012 £CcW2~Wr11 ~afl ~1, -
I- 0 I<1>10
01 I
000.1 *j1,o~~0oC WI-~W~ oo.oa ol~I~C, ID WCS92 0 a o'~o'o>1 tot~
~o~9
g
0 1 0
IDQWO C
1 9
IDO
09>lI-
C1J
01 Con. rot
3g9
29~o~v~
00 ~EEC~t 020
~ CO~
9
rwJ
_
502
~V~ats~
2
-
2
1,O,,~IDC fo~,01 t~aISn
0
1
C9~~j rooS ~adoo
os.~c V -010'-,o
eC=
0 99r
~ Zj5
a 14 >9 01
o
-
-
0 01
>9
<
o
01 O
01 011
C)
ID ~ 0
3
0
a
2 t
o
C)
In II)
<0 0
0 C)
10 IC)
IC)
In II)
0 II)
0 01)
01) IC)
>9
IIa 01 <1
I01 01
I21 01
0 0 ID 10 IN IC) 01 10 10 IC
843
V
E E 0
T
C
0
-
-
-
-
0
0
0
0
0
0.~. CO t CC
22C VoC C cS~ (00 0C~o C -~ --
-
2
~
CC * C o t~) ~~0 rcoS~>~ -r
-
5Zz
"'0 Z±too
0o~g
,oEo 00CC~ ~
Q.~ ~0 0 ~o0 _ 0
~C0o~ -~ oCnO~ ~D00~0~~ 0000 ~
;g~
-0
~
C
c~
-
~ 00
2~C
22a
E
* o
; t2n
~
00
0
tg~0t~
Covc0 o;cj 5~0 0 DC
00
VZXRCC
no-
CO
0
O0~t0 oC-oC 2 0o
0~ C
f3 C~
0
nt~~
~o0<0 a~Ucc~ 0~r0 0 'a -Ctn~ 00~ jj~ C ~ ozC~O '<Ut, c 0 ~
a a
000
Oqo co~' ~-oa~
E
-2
-
<23r~'t C--coo
0 ~
-
2
-n
so
-~o
--
,0 0 g3
o,-.uo~S0~
o 0 0
~S~noc
~,
~r>.
4
5~E
0
W~
4
0 0
o -0 3or,, nor
-Z
C
Ot 0~~0
-~0 ~o' o~
00 0-
C
C0
o2cc no 00-,
C
noa
23,O on
0 -
C
~ 23~o0 t~S~
Rn
gEo.g trO~'0 dOOO23tLr2C COO
to 23,,~ 00.,
~0tC 0-C r ~ n~s2&~ 00
"E~ t% on~~
0-0
~ ~-o,,, 00a0U 0,-cJC ~ 2~o 00 ~,0C
~ S
nEc;
c2o
ij.t~0 -o~toag
to.-S
C -. d233
o~a
223
~
~
~2~" t=
0 ~
~
_
3
-8
- o,~ ~ no On
--t.-D
i
0.,~ot ~o0O ~g,,aC ~00
oVC~n~½ -oc~n
cm ~
Co
0
CO
'(-~'C~r--"
"'C
0 _ -s~
0-0
tEe
0
fl0O~023 cc23a~<Za0C
~ ~ C~o2or
.0=0 c ~oc o3o noCo.t<0o-zC ~
~b~Sct~o
-
-
a0
.-
cc-~c .ntflt -o ~
0-~-~~ rn "tO-CO eo.-n
V
-e"
0
0
ono
~0 U 2ooOo=Ct s2sto~
Ci .ron
occ~U0C~o~ cflC0Žc~0OCOoc one ~oF-toaannm!ŽCCES C ~0 4 E w 0 0
Oc
~A%~23
C (9 '0
-
(0
4 '0 "
-
_
U
-
-
0
0
0
0
0
0
0
0
0
0
0
4
F
-
-
-
~0
w
844
~•
E a
-m
m
c
(9
0 L 0 0 0 C 0 S 0 '~0
0
0'
Co
>0 o 0 0-
E~
2-a,
~
>0
2
0 oo-o sot 00 0 CC ~-~-ow -~. ~ ~~~gow~S,
2
O~S~
0
0
Z½
0 0.
' >0 000 C ~> c.~ ~. n 0 50
c~ -a -r <>0-0 -C ~ 2 -La ~00 Ca So
0Z Co
~ 0 . wC>.0 O~C~O
oooo.~E~
o>0C o~?
00 . 0>0 C ~ 0
5 0
oEro~C0a~n C >~~t0 0~ 0 05 0CC CC> -~ 0o~ C t~n t~ 00 C~ SOC ~00000 c~C ~0 Cr S ~ o~ o~, OCo -a 00 E.c 0C0C ~Oo ~o0
0 0
g
0
n~~o-2~o 0
-E 0
9
~ ~
Es
0 0
C
0~
4
4
aa
~2b*~0:Ec
En
onoo3 r~C2CoZ2 ,00>0tor o~,
o 2
>062 6>w0~ 0 0>0 000
0~
0~02t0 ~ £~oc -
~ 0>00-
2:~s~oo-C
0
~~----CC 2~<r~
0
2~2~%~a00~o
0 0 ~ 0>0=0oj~Oto
0 0 0
~ nS.~~c3~w,
Ž5~O
Z~6:~c~.w o-" 0>0 0
fl~
C o
z
SC 00 C o.~o~2 COO ooc >0 -
00
owoooX.
-Nw~
6
~ C~~(S0~ 2 2500520OO
to
CC to
>00>0~~~ 000 oS oCOcOC o 000>05 asr.r, ~ E S 00J0 -CZtS5 g~ ~ C.o0or oo
0
--
-
-D
~'-o rcOn ~tr~b> C ~ -oC=00>0 flr0 y~Ct - 0 0 0CCO0-C"~0~6O
00 flo 0>0~ ~ c0
00
0>0 ~0S
C~ .. gCO ~<-~ CS~~ won 0
0
C
~
-0
t
~
0
>0
co 0 Cd:>..
g~
*
>00- ~ 2:0.~v~o~ C
~g
g
>0Ca oO
0 to
0
o~2o;:>0>C
co~coo~SwE3o w~Ro-no
oRo
~
C
-C;I-;v
-
-
0 0 ~ 00~
~
w 0 02>
_ -0or> C=w>0~c0ooc 0o
£2
ONo-
a2
0
ost,;t~
rEO2~C
~a 00
2oC
oXO
-~2
0
~o
c CS .- ~ ~o ow C o~ Cc ~o >5 C
ox-c-
>0
StwrnawoOtC CC Co00
wOC0 COo 0 0CC 00 a
as
0o 3r
~ >2o 0~o>
62
o2t o E~,
2ot
-C o ~ 2~00eSo0 or r0000 CZS0,~0fl9
0
~
~Eo->0
tE Er
~0 000 SEC 'to
C~0o~n-Eo~o 00>0 2C~Th~~ CroJ>CC0
*2S0~0>o
0>00 0rCCfiSE
>0005
6>o
~
x~roo a c-s
OS
5w Q Co
6 2
>o
a 00 0 55 0~ No
~o
~o _ 0TOw oS
~0Sgtr0ErEOr
OCfl-flowE0Sc 0000 Co VCC~OCCr~O~ Ooc.mo.a~arOCo~ 3 Co5t000C2C,3~o 5~r~~0 >CC~gC >2.
o~
tt~os
0~0E>0 ~ oo0~
ttw
>0
t~~2~?
~
0TO~fl
0
5
_ &wo~~C>~o5t00xw
-no r.n~r02>0£2ro E~~~w>0oo COO 0>00 n0-
>0owaoconTOrFCS.,
<>00nOCt-To0o0F~~C _____
o>r~o0t~Z000-rCo0
C
stow
0~ >0 C -
a
0 '0
0
0
0
-
>0
0
0 >0
0 >0
0 >0
0 0
0 0
0 >0
0 >0
0 >0
0 >0
K
F
C -
0-
-
-
-
0 CC
>0 >0
0 N
N
N
0~) N
N
>0 N
0 N
N N
0 N
>0 N
0 C
845
2
0
~tn
~
U
-
-
C
0
0
*m
0
-
Co
C m~~~2Cr~cc Cmat cC¼.S~o 0 ~ -~ -~ di 00) ~di die --di di
'C -
di.,.c,
C di~-~~-i~ dimO
di 0
C
~ ~flC~r cdiO~j*~
CO
05
di
~ o
din .~rc
di'Odi.~
A!g
di
mo Zn or
C
0
ot~
cg~c~ a E o 0nc
~diedi diJmdi W~.C dii~Cdi -0-
C
00:, -
C 22
o-~
~
~
~t6~2
a '
0
tdiC
0di~m dim-
c
0~
0
~ m
di -
C 4 t C
~
~cii~ <C'-'Co
di
g 0 - C.-CaccooComio
0 Co Edi
a
di ~cdi
000 ~tdi -di didi~ mdi ~
-~ didiifl OCt di 4 0i4
mEdi
o
ocodi
~
a
di~
di
~ 0 ~ CCa 0cc-a
nZt
0
di~di
r5di
.di~C0di
n di~fldi
crCC~o~CR rU,~~di~is
di
a. a
Odit
di n
flS Or ~
ci~didir ~ dididi-dididididi SC:,
~
~SrCEt½
0)~~-
~ -i~.~;
C
C
'%
-~ Co di~ ~'0 )
~
tdicmc nCditi ~ omrt
cdi
'~
~
~g tcdi
C~di dim -i di 0)0 2
~• CC
dir
di
di a
''<C
0 )
cC a
~ dim -Cdi
nr
CO
~-C
~
-~
4
di0~
di didi ~.
*.di
di
~Sc'
di
zrC 0)00 ~
-
a~i3di0~~ n, didi mo ~
di CmaX rr.,di Zdididifltdi di n ~il0 '~di~di
Ca 0r
to '-dimdi
Oct
Cgdi -~ di
Cm
.,mcc
__
0
dirdi~mcOordididiC * 0" '<C
C~i>'
di~fl mdii,
~m
C
CCv~C nr~diC
~ emvCdi
0 ~
SC
di
0 di
t"didit ~ c~cC
C
0'-
di di*=O
C
C
U -0~
cdia~> a, r 0
c.m tdiC0c ~cdi~~diCCdic2 c
~
04=
0 ~
0~i=
dig
di
di
di -a
Cdie Ca
~
~ di~C
Ci.
di
C~ ',fl
mdi
*
>n
-di ~diC
-o
-di
~
di ~ cdi
diardidiC ~
~Cj~0dic ~c~ 0 didi~difldi0i~ ano CCC.-
cn-t
<odidi
0 )
di a di'-
b~m
~~ di di -
OCt
C
~
~ tin
di~<C
0
t~ Cc
~
~diC $CiSr
~crJu
dindii.
eddiCcdi Oo-~> die
Etm m~
b
cC=diCcCO rdigC~
~
~
-o
mU
,.. cdi
=Wm=cc min~-=~r~ CrC didizdi Cr0)~ -~C0Cdidi~C~Zdi a.-. ;Vdidi.SZ~di dir
-'0
_
rr Cdi
nUdi0.~Sdidi
~
di>.AŽ~didididi di~di C
n~tcr
~itii 0~ ~di
c-~
~ CCCOihdim
i~diCindidi~5 c~
CCC
rc~
0~di~m di'dic=~ --
Cdii]
EgF
dice '-'--n
o di
C
cc ~ CO t
C~SC~
c~diuiim
Cdiuiii~ diCk'di0 ~ ~Cztt
00a&i-c
Oca
mm~~ZSsdivdididir~t crOdi
Cdi
;n~m'~ dim diC'-'~di'5 ~
C~di~O
diC0diOi~
.~0
di 0 dididiWC~Cn>0dittinC
m-di~r
C diOdi.cc
~CzJ;2Ždi~ r:~iJZ&
~ru~-0<C Ndin di'-~di
m
~EC~= ~c~mm~rOC
2'~oc di
0
0
Cdi
Cg
-
Ct!t~3'
midirCUCSn0Oi~U
-CC c~die~C di
c~
'-diet *='~ ~di0Otn~,gi.
diem
0
die-
~ Qcc tC$Cdi~rdicdi Cdididi -diC dit.dinr
~
_
on-~~ di~m
~ -
-oct)CWNC di~3 di~
0 ~
didi~E
__ di -C __ didii~0Odi Co
Ce
~CUdi~. dij~
inOdidi~
didiCCCa
~cg~gadidi
mdi
_
a
~gC~di0
2
diOodi
clii~~Odit• OcEc
tdi-C=>c Cdi~N~ r0~8rn2~ Ocodi COi'-'-'ttmo ~
crvO)tCOC diOUdidicm~~C -0-0
_ wdiCdi2w}V~ 0 U
0) m di
C:,
tccmicnaomo~m ~-cwrro~~~
-= '-it dim
di~
di
eec rca
s~s~s~diC
eN~JdiC ~rm 0)0) C Co
di<Orc~
= it _ c
~ om2CCcmCC~~C&ThC
a mmm:,n~
0
-
0
di di
di
C dim
_ c
it di
C di
-
-
rn
ii
-
0 di
N 0 di
N 0 in
N N 0 0 di in
I0 ie
N 0 di
-
iin
N di
N di
____
.N e~
di
di di
0
di
it
-
-
-
ii)
-i-di in 0)0)
=di di
iN di
C di di
i0)
0 -
C i-
N i-
ii) -
i-
di -
di -
-
di
0
di
ci
ci
dii
di
C
di
di
0)
846
it
E
E E e
f
.5
6i a8 z0 ' Z
p
. 0O
'
2 j0
-
66
.
.. g
.ý
-c--
8
1iS i
6
tI
6"i;
E2
L
--- -~3
-t
E
--
i
A
Ts w
lto
E
EA =ý
-
03
"toy'
Si -Z' i 'A
aE
5--. . .iC : Fri r . 0 1 -2 2 S'¼ 1~3s at St I
.cfQ
.5 8, -
-to o
t3~c HZM AMA~
,
3
Tv
S
~
ii
oati,, atS
Ca~c
u
st~847
2 E
(3
5
-Ca,'-
o2Era,~~ For
m
'
U
a'
'at
Jr C * 0
*4
-
-o
000 Ca ~'aa,
a a
aa,~a
Sn" 2
-. " O~C t'Uat
3
a
-n
oa a, a, a,'~ca" rCa,
vaa2C a-C-
E o
C9at 'a"J~ Ca, aBa,
tp'oS t3o..2 FC~0 Zaar
CI~a Ca 'a-~~
3 'a 3$
ua, -o
~
oar
£0"
a, -a o'ar32'St ~aaE ~ ~
~'aoaa
'"a ~
-"
a, C
a,
o a,
* S
-~r
~,a, aba, ~aC 0w~, ~sa, JrOa,
c2r
"Ca'~
~aaUa
ca a,
C(~a,-~.a,
a-
a,
a
$~E~
orZo"
C
a,
8
a,
33
Ca -
"og$t3
C> aa, oa'>5r' ~aaSao,
aa,,~a,,
~
cc ~ata
o~
Co.a>~
2
3,3
C
~:
na' r8~ a, aa,
8
F 3 F s-a,
aa
aSJr~. oa,3~Aa
£aO'-an
a a
a, a
a, a,
to
rf~~
C _ _
a
o
-
,3c3n~-
ao
a,-o
a~
2 0
aSoa; a,'a" r~'~'
Ca -~
c-'a~
8
$38a, aaaS
~o
CC~oC caC
-~
z--;~a
r~3a
C
a,
aarS2fl,~S
a,
(Na _ Co
tnaaoa,~E
Ca,
a O~
-
a,-$ a~a ao,, a
t
~
aCOC
¾--o -~
a
-. a One-
ain,,~E c'-2" ~ ~"fl3
CaC~
acYja a a, a-a" Enoo *,,a, a,
wa,3~ *(~a~
a,0ao S~6 aa-
a,
CC~5~3~j a,,a'a~,'a~ -
C
3
at3~
8 Cr,~
a,
Car 'aE ~8~~'3 0
33aC''-
3
t~ab a,
a
"Ca, eCU
a,, Ena
C CCaN2a, 05 C C C 5O~a-at
9~
r,,aro aaa,'(0 $cx 6. ('(Cr, a,~ '-a~~~ 'na,,a an 0 a, a, 0 CCa,~--fl~0a, aaC a,~a,>~-'a'a~,~ naa, aE~3reo=~a,
'aaa,~ CO0?S'a>OZ~ a, a~ar,
>5 a E~ a, or
~33f,3"tflc
~
aa,~CoNo ~~"C"aa, Ca,
8
Va
aa,
o-3,,-F a ,caoEatr C~sa~a
3CoCa'~Caa 20
a
Ca, ~o Ca" Ca, a,
C3~
aCO'~ ~C-a,
Cra,~err3 - ara0~0 ta,&3a,~~C 3oC&Fa
0 C
n~
'at
n-a a, a
-
~ 2aSOaC~a0ra~2t35 aaŽco~ac'an(0agg2V2a,~~C22 3 r3rnCavntra-0
t-9ttn
F Ft
aora aaca, ~a~nja,~
C
2Q
~a, a,
atan~C2ntb
a31ca~~
a,
CatOna,
C -2 "'a Cr,
baCoa,>a2
Z~3F
__
rnO½CCCt~~FCEB(0
a,.~>'-CF~can3t~-a~
£~<(ara~ a,~a~ 00a,8
'a a, a
B
n
C a,
C
~~O33~~3acar a~,,3aa a
8 a, F~
CO aa,~O2
a C
C'aS
a
3aa, a"
ntBa
t"~~"~'a
358
2 C
~a,~a2 C a-
C~ a, ,-oa,
on,-
a
a,
o a,
0
waan
a= Ca
3
Ca,,
za&C
a,
a
-
C a, a,
a,~Ca C
a3 a
C
ca,~
C
5
2
a,
a, -n a,
3
at'tS
u a,flar'C 0aa,
n-a
a,,
0
CO9aO~FCaC(
C)
a
<05=
t~aa,>~flO't=~'a(oana~a, ~
--
anoCa
~
Ea,3arooCCa CC~oaC3WC C >aa'aaa,3'aata"~'a
a, -a, Ba~•gBSr,~a,--C0o ~ Wt~~E$
-
a,
-
-C
Jr >-
-
-
(N (N
-
-
~~aaa,~
-
-
*~
-
(N -
(N a,
(N -
('I
(N (N --
(N
a,
848
~c
E E
C,
Zr
C
C,
000 C~ 0~ 0 00 ""flee 00 0 0 0, 00 o~
LI]
=0 Co .0' 0 00= r00 C 000 roo 0 =2ZrO>C 0 -t 00 0 0 CO so 2~ 0 .0 N =*~ 0L.~ 0=0 Cr C ~ o £0 o~0 0~ o ~ o~= SoP >'C OON 0r~ 0 0 -n 0 0 0 o~ 0 000 C C 0
S
o
tag ---
C
~-~~nnr'-~C
~ 00~c2
000 0 0 0
~ 00'~ CL.. 00 J~o~roZ
00-n
=~ -~ to a~ ~=
0
00
~oL
g2
000 20 Ca
C
0.~ 60
904 ~=~o
~
-
0 0
0
000
~9aZ2~
flC~~0 -~ taorCOb 0 = ON C t0-~-0 C 0000000 =0 -
~o 0
.0
0 0
2
N a a
~.0-
0 0 CCO
99
C 0
,on
n~
br
Sc
_
=
£2oo2Z co0rz0000
nn 0~
~9Eo~
C'
S.
oO0 2~
0
0202=20 .0, 0NOr 2020v0"
*o
0)~.20Sg
g~0N
;~9=~g0 =0
=00.00 ~ ~
r
00S0~ta290~ c 0 roro~9 = 00NC00000 0 C.0OtC~ C o ~ ~ootj= a~,,
bC
2
0-2o~o
~09Z~'-~
o~
r~o2o
"
== 0£ cfi~o.a
-Coo"
=00 =0, =000
-=
00 po o 00-0. 0CC~o .0-=~=0
O
o99
r
o 0 S
=
.0
C 0'-
0 ro
=0 s~9E -flVCo~*~ ~ r2~~c 9
c.r 0 Z.=00 CNCrO COOOL=
r
=
=
0
,
0 Z
a = o-o2 - -o 000.~>~ = rio -ooO=t-b 2C0R~~00tc0o0CC0~ ccE2~0~
5~~-a~2o
0 ~ -oat 0 ~ "9t-~ roro-ot-
~CCC C:, 9.n..'-o£o~ ~
0 -o.-c 0 ~o'~ 'r
~.-CoC
~ ~ ta.3=9z
CC
00.0=0= '-C-.,? ~
F
00 -
WOC-
COO'
2r~'at~Ot~C0O0 OnOooa*~2ta20~Nb ft
~ 0 n
0CCC 0Cn~~C 00CC
0
CC'-
goF
0
taa
i
C -
99o
~o
~
=CrŽ
>'0
0
C w
2CO0000r40 0Ct~CO =00C~~ 4 0 0-0 rh.r00
0
9
~ 00
g
0
flalco o~0oCctOC £ztZ~0os
OC'-O~O~g~,,.0000 0 ~Co
~,o '9V9ota~ a.0CnF C 5CLC Ct-Or a~rU,,a
0
F;0
a
Cr =000~5~9 = 0,-tar g0ZroN~ 0-0=s~, N 0.~o~r
0
-tt~ 2-g9
~9~o~f~.E2g
COO~o On~.0OrC9 r0r~~ Ž~:i~7:
2 n Ii
.~0F00 oS =~oz
t~or~9=oc troo-0020 9 _
-
£~
~>, C o2~~.~oooo0aogE
0 0
,~Vo' a =C
0 OC 0 0
~n
9
C Ca F~o2ao -n~0 0Th o~oo~rZ __ 00,~Cot 00.0 a a 0 g 6 .0oa9.9 oto. ~a oCo.,
2 ~ 6 ~
.0~"~tca= 0a0C0 ::t~~9 9 o2-ao=0 ~000aN000
CS 0~9=~a OStac Cor-ro
2
a a;O
o.~9o~ JoEEOatoOS
90993 CO
4 o
.0
m 7
7< 0
~•~ C
-' (3 -~ CLI -
C 0 0 C .0
4 C
C
0 016
0.
CC
C~0~C~r~
0.100.
0
C 0)
0)
01 ~
0
0
0
U 4 F C C C C C CIC l~CCC0CC -~ CC
CC
CC
C
C C
C
C CCC
-
C
C
0 O -~
0 -
0 0 C
0 C
0 0000000 0 C 1
0 -C CC
C'
0) I-
0 C
.0
0
0 849
~c
2
0
2
*
02
0
C
o
0
0s
00 a.,
22 a
0 a
0
0
22
a
02 -
a -
Ce CO ~ I 0
0
00
-~
2
a
woo n-n0~ 20 ~
0 ooo
ci
E?-C
C
c~oo-~-oano~ 0 0 o
0
ct-og
g-~
0
02 0020 c~~>~En 0=02 00 r~0 O~ 000
oOO C>'
0
-t
at o~
0
-
0
C 002020
b
o
2
S~~oc~X
o-0~o~oE
E
-ooo
~o2 60
S raE-n ~oj3
-~
0
~oC
o,~o
-n i~ =0-~
~0
0
~&~og~o
C,-o~r~E
0 00o0%i~0o ~-~ccv 0t2~o~0~ o0~g~ -n02~,*,>n ~ ~ 0~
-- 2?-6
o o o O~ 0~oŽ OS '-o~n 00 a * ~e -= o'-220 ~2to 00022 '0-nC 02 0 2*500~
2
020,. -- n
~~zr
Ž0 0 220
0
-f~,E
ttrr.
2
-OoE
0
CC Co Or a o 0 0 02 S a 0 n-o'~~ =2'--
a
oZ~,.
on-> Oao-n not cr4 o~ ~e 02,. cS
0
s-v 22~20 :0 <O~ ZZ~ 000< ~ r.CO 02222 02
a a
F~5
>00 ~2n >' 0002~ 3~6~o 002~0
~ a 02
>ao. in- 00 02 0 0 00-~-~ ovoo-><~ -o~fl2flflL~0 C02'-:u02~ 002~ ten ~CL~C
2c~ "t3
a o
2
0=0 ~ 0 c -
-~
2
~t~ 020;22 * o ,,C02o voro
0
~
c0 C o r~ no, a
crOOn 020,~220n0 0 0 ~ oC0c 0 ycr~o~ C*o oa,0o2~o 02202020220 orsOo.otO 2 00 oC"2c~6 0~t-,o~ 2t~~tt0O00.~ a.>,,
0
Zu~
~ fl-n> ,~o OZv 0 2 02~o~ 000 n
0
82'~
000 o~n ~ t-n v~ 0200 0 0 o~ 0 ~~ 0 022 ~ ~ot,~02m0 ,
C
2 cS
0 2
O~%" 0
2
~00 o~r 0w'~~ ~ rOc0o 025o04 000
a 02 0
~ or,,o 0000,02202 ~t~r;;~0 o 2 .,o Co 0
~c 0 ~
ye COO Otn Ž~0
c-v :~- CrC -~ no,' 02'-' tool a. 0
~I~oomE
C nC'
0
030
O-cE'So
o0~,.N0 0~0)02o,~~3S
-
.0
nO.02~2200 -- V rs
Sooo~'"
220i~~'~22n02cco;0o,.o~
'-3
02 S~n~2->'; 'o o a n
on. '-"o-22
0
S
o~~2~3t~2n
cs
roo
-5=
.'-
J Can-~E 0-0
020 to3
C~
u~ootE
-0
0
~ '-0020
r"2o2
,
5
E~~o
0
~~nn
oct 020 22022 -V225~~O~~C 0 0 ot-V-n~ Sooc
0
022~;n
o02ro~oS~ 020C'-O o 22
C,' 2~to~ oC CCO o2
oaoo'.~Sn
LOOm >o-D
0"
Coo
aS
o-'rot 0 =00 22COC~0r02 roo o~t~Co
~
vc~.noonin~o~022.
~
02
-fl-n~5~
0VbOi;0
o~r>~ovw.~onEo0,otCC02222n a ~rogfl~00o -0 n . 00020 OOOF-,-Sn COO O=;co~
0202~otL r~022202o0-nnSt0-n r 6~S02'E'-,to't~226-O 00022222 ,~r;nn0~u~o0 22
3205n"-o
ooSo OoSorjoo CO
02&'0022
0•5 22'
0 fl
Li
Li
-0
<C 0
-0 0
-
-0'i 02
< ~o
0
02 --
0-
22
S a,
00 oOin 0
02 0
0 0 0
N 0 0
0 0 0
no N
-
0 o N
N o 2'-,
0 N N
N
-<
E
000
002002
-
-
-
-
2~
-
*-
00 N 00 02
0 0 0
00 0 -
0 0
02 0
0 0 0~
0 0 -
0 0 0
0 0 0
20 0 *-
N in -
02 20 0
0 0 0
850
~•
E E a
o
St
S
I
(2
Ba
ci
-
g
_________
-
-
0.~
== ~0
'I
V S o 5ac2 SaSa-C a S a S C S a -S a ~o 003 0
2 ~
0
S a~ a
0
2
a S a ~
2 5 0
2
55 2
S S a
cOC a~Sfl 2 S52>S n .02a0
OSs
~
-
=
SO-fl C, a v0s
a
OCIaWa tig CSS~S~ v~t9-S S-5aW Saao
2
0 C)
*
.~a-fla
nrasa
0
5
~
0
g~
Fo
S~5a0½
-
5a0 Sn
52 -o
g5-~
SaU~U
2~a a.8 ~ 0-0 0~
.JVOID
Q
~
-~
r~E
0~
~a'" .,C -s
S~O
I!
a n 2
a a 4
2
C-sa -
~
-!
0 ~a a tflW~C >0 Wftnao
~0
5
co~.~a s8
55C
ES'.CC 2 ~
2
fi *
sc.-o=ta
F
~00
a o "s~o Ec
~28 ~
5
2r
$t~ Sfl
tOa
ocn-~.
acaa S
*-2o'
295000 -rflC
;:
=
28~,~9
WiI~iiP1!
2~~aVa,~na
SC 50-~o~
ano~,~5
n2C ~--
o28ot~~S~a32 aE~E * -~u-
WVC
S
ati
0a 5 a 00 0 55 a
2Z~g~32
~~ES Er
552 OU~o~ 20 S
5
2%
o oo
0
~
a
~
2
F
E 2~
~
050
~e2 ~
~SS nra
m~ij !'~ ~Wi t=ora. 'So o~ U a~,.rasCCE2 0UflScVE~;~
_
a
S
_
~
-
0
~
s~
~og
-
~o
a.oU>SS 2 SUe-
E~3a~'
o,0a~ 58
~
wt~UoiWiac a-LOS 02 5 ~a5~S
~C
~29~s52~
~SX~~2~S
2
s!~n2a~r
~
t
oo.
8
=2~222
0
~
2
~
t~ow ot~aF9
ci
m~S~ooS0C0
~2~2 E~~j 3~"LU29 SntSOnc~~~zo~80i?0nS
~ oc~822~oSScfl,
C
8
SagbUg~oc ~0,aDV0CS ~E~so~t~ 3a,
Uba~o asa a
~
NC
nEaa
W~n OCrOC
0
~
n.e>SSACJSS o~g
OSI0SOO~il~t ~S C a 0 a
gcg >~Ž~2usS3
a0~s OSSNO COOa2WVS wziThDOore=5C020 rca
~ 5250 cia,~~aaOSV.s 'ta s&r9tCoa&0 *taSc=oaa r22.sra Cc-.osa
c~a2~~S W<SrVaS
25Ur
0
2~2~~2U
0 5
>~S
Ec a
V a
=
F~ SC2cr~Z3E~Ewt
~aa VS cc532)0
OawaSSS 5~~ort a-00
2
SaW
at2
~SSaS
0W
con Eaa~S
fl=~SS3
r.~5sCaarF92
SW afl8(UWW a -
s~2P~gc.~
~
~,~ci2= aUoaOOc vbo02~VCaflrWn
EaER~
ZEi
~
~
sr%2XcE~ca
o
* V
a S -
S a-
2
-
N
0 S
a-
a
C
2 0-
5
aa
0 aa ,a-
4 F
a.3 -
a a0 a
aaN 20) a-
a
aa
aa-
aa 0 -
00 -
aa0 a-
a-
-
aa-
aa -
0 a-
0 a
0 -
a, 0 a-
a a
851
Y
E E
U
)4,
(9
.4
0
-em
"'.4
o
0
og ., -
S -
00 .4 -
0 4,
.4 .4
-
0.~ Co 4, 4, .4 .4 0240 ~mmr .40
o
.42 ~,c
~fl .4.4 .40000
0
C 4,
'-~
.4 0 0
3 e
C .4
~~04
to
~ ~ ;g~~n .404.4 - ton.4-,~~ 0 -
0
.4
a, -
2? 4, ~t~e~,Ac
4, n-
r .4-
.4
C
.4
~043 ~4U 9.0 ~ ~
2-oa
.4t4,~
.4
0.4
0 ~
z 04
O00~
U
o
.4;
g
a, 0 .40 0.4 00 .4 .4 .4 .4 .4
3
S
004040.4,04.4.404
~3 ~ a, 4, S .4 <5 O~nm.4fl~
0
2 'm
b ~
2 .4.4.4002 .42
040,4, 0 4-0.4 ~.4.4
mO 4- .4 00-
o~t ~.4.4.4
t2.4
~CC-4__ ~02'$
C
40
oS
.404
~g%-E
ob~
0
go ~,,-3
0'"~ 0-C ~
20
~; .4.4
v -
.40.4.4 ~
S
52
0.4 .4.4.4
cm .4 300 ~.4 0 .4
~
2.4~t2
.4.4'0 104.4 ~4,.4tt tm~~ oc3~C .4X4, 0
4 -
?!nr~
-~4,0
2
4, 0~.4 .4 0.4 .4 om
0.40 ,,
'~ ~o
ssc~
04
S
.4.4
a a
~C CCOm nov; anOn .40.4.4 .40;0.4-4,
~ 4
i
~.4 2~2 C 0 0~C' 07o.COc 0 ~ 0 .4 Is.~0 0
0
.404,0 4,0
a
~ .4
~-t .440
~
3 ~~2C2-0
0
.4C.~0cr.4 m.4OoO
ma £" 4, .4
, 0 *~3"s
5
se
5~0
Os 0
0.40
.4c~F~o 0'
o
04 0 .449 .44 4o.4
0.40il~o-
r~
flC.4~
C
0.4
CC -= 0: -
C3~fl
~4-
0
3no ~oa, .4<
.40
~0v ~
.4C
0
Oflot .40.4,
00 .4-.-,,4:04 mc~~,o cOr0~
4,
Ca04~o(N (~ -
~
4
g~'4-4-0
.4~0.4
C>
.4.4..~
o3~g0~m'' .40" 00 =0
..
0 ~0 C .4
40
~.42
2
4,
~,r16~
0-
go
Z
~C.4 5<0 .4.444.4 "C"
~4--2
.44~C0 ~ 4,04.40.4 a0~ 4,50ro~m ~ .4'4-0E 00<
.4
~2~~So*~
~
4,4, ~O5 C~
~4C 4-~j.4 .40~O0 .4 0~ 0.4004,
4.4~
~-~~XXjO .4.4
.4
0
5 9
~
00 0 .4-'-gz.4 5
0
~
.4 m
0000
49
.4.4C 4,4,
.43.400C.~~C ~' 2~s.--~'.-' ~~r3'~' ~4,~334<30 cfl.4S.4C~~
m.4a,.4~ 000.4 o,,
-
2
.4
4, 4, Vc0~NJ~-~
4-
'42F
.4.4>4,4 50n4~
3~.4,
3o .4 04,4o4-
~&Z4-2C5
0 0 0C~4O 0-204 ~"mt ~m2 4-"~~
S
~000 -
0-
0Ž
.4 .4
4,
.4.40.44,0 4,00 0400 .4r'-c.4~--oOcW~ .4-0-4,4-4-00 00~~400.4.4~4:49 flO-
~
.4 0
~4UC.40 .4
0~ "'~~•
~o2~
.400C~4-
024,2 .40,4,
20.40 4-nO
.4.40000.4
4, 0 04 0
~
~
2.4
0t.4*E
.40.4 04
04.4.400
9.044o.
~3'.40.4 .4za.4'~ 04'
4,~3~
2~03
~
zZ0.4~t~to
04o04o0,
22.4
am o.4
0 0 4 ,
.42.402
044-04~(~B.4.454,.40
220
5
-
-. •a,,E-m'.4
~m.4r0to4t~Ž3~
~
-. 404O4o4-9~
0~0.4 .4.4~.4a.4m9.4
0
00
0
s.4
4
m.?tooc tg~.49 ,
.4
0 0 ~
~
".4.4 04~44400
g~~~-S~0 ~b.40239.o
mtO4fl~0.4 04.4n~.4 4-3ob~2&2 .oScSO9so, 10-
-
.4404-fl ,-~3o.4 ocr2~~owS~.4 S~.4~go5.4g 04000.40
r.4=Cnc5~O.40
2
4
, ~
~ 4( 044,0a0~
0.4.4004-04-4-
~2 ~
3
;~
4, ~
0.40
~ ~0.4 4-0.4 0
494,0.440 0 4
Fw0
04-
E0.4o~
~ .40<000--~-
2mm~t~~~.4O00004,o4D.4
ooco
.44,2.44-044-04.4 ~E 0040 4, ~3~5S$00O ~Es
.4 .4~C4O~Ž ~ .4aEc0,-0o0~~.4.440 ~oom<2co .400-0< 00.4.4
-
~g~O0J n0-0v~ 0 -02
0 -
0294.4 4400 00
So _____ _____
0~Z4,4,04W 4, 9• 4 (N 0 04 -~ (N -0 9• 00 -~ .4 0
aS 00 0
_
0)
.4 .4' 0)
00 0
4-4'44-4-4~(N 0~~~-40
00
-
00 -
444 0
00
40 0
o 40 .4 <0 .-
44~ 4-4-4-404-40 ,--4-,---4-
.4
.4 00 4~ 1~ 4-
40 44-
40 4.444-
4-4-4-~4(N(N(N(N04 .4 4444-
4~ 4-
40 (N 4-
01 (N 4~ 4-
04 4-
44-
4-~4-4-404-4-4-~~
4-4444-4-
0~
4-
___
-
__
_
852
F F
C
5-
-
C
I
(5
Li-
Cu Co
0
0
0
-
0
-- c--Co
2~"00 .- C-~~ 0 flu aFO2S o~ ~~Oa
Cr
0
a
Lii-~
2 E
o 's's 's's 00 0
0
S C 0
-~0 Lu's 's~
C-fl
-
cec
2
-
2
ES0 t-~~0~ 0 ~ ~
~0
~
St 2aa--~~0
5
Lt -
0 a
SC
S~o~5 ~' ~"O 8
'sC5z~-
C S's
0
g -- ~
0 Sf
S
2
5
0Cm
1!
C
S
F
~g'~ 0 tr~
~
5
SC
~
F's"
zE >,mo5c ~Et-CC~ ~fSi-o0 ~goca ie~ ~ "-'s C5. 0 C OS
Ooo
0
c
r"'s '~E o~a
a'~?~' OF
10'sE
F~SN.vS7~JO's~Oin*t~'s
5 0
~8m
>'E
u-" so's "'S _
CLit
-'so a C
a
E~'s
~
0>-to tstsc
ii
n's'so E2tmiS
F -
a iot~C's 0 C-
-
omn"2o~5 FS5~o-& F ~i--'s->-~; "t's's a
~3
1
i-~~~'s a~'s0UC>c-~
'~"" ~-'s
0
~8 S
a
o
-
~
emFC~t~~~g
8~2~,2
o.&"~
~
i-go
5
~
0~C0~c
aE'sai:~
%,ZC
~m2oo,"~mZ ~o'sSS~S -C SLCC's
w28
~''s Lu,,a on
0cL~
F~
-
S's
~S S-fl
2~&~
C" 00p5
EOC2t
r 2 0 -i-
o0O~'sfl'so ,~ "'s~*~""'~'s
5L~ ,.s20~
~0 ~ ~
S~3a SCL22' ~E 05555-a~0 E'so2
002 m's -OS 0o~
00 ow
:2U
2
-~
:h~
's0O~~ '%4ro Li oR fl0
-
0~'s~~S's CC~. iu's ~ ~
3S~
-So ~n' -, t~o ~urE ;so
s~o
r-~ ~oN2~vC2t
'sCum ~ oSCiu-Z
rst•F2~ gm~-~8~
0
8
ot2 io~
OCOw's
Co
F's
-
~E~g~5nCB
S's ae~~.u
8O-~F
-
~20's2.5L(O~O
Z
~
-oE~C
2~EI~
5
0
~Lu~SL'sroCLu'ut
cflt's2
5
~CUC0
~ts
so0
.~
0
~fln~S0~
~a2's
~gtg~~"fl2~
Li C~ Sn 05
3
~
2500n5> 0oaC~'s~ 0s202mui OOSCO <SO~-5CLu
~~s'so0~
's
0
xY6,~208~
~ S's 200 0 '-~ tLuta~C-OO-C -~ o 0...'s~ 'soo~~~>>>~
8 ~
~ tC
OC~~
t's"'"
'sS F
Lu
2
O
FOCOV 0 oo's3~-a C0 -Sti-'so waSC's2 o2~'~SE"'sc's"
e's
Con
-'-~~ ws,,C~iCSwWSC -
p~o..
's.,
'sR
'-'si-500 CcCo,-a 0's c's i-00 'sLu'sc0,s
-z~
~r
V0COCS0~RLiC0RLLZ O asC _ ~S~c~ Lu O00LuLuLi~~ n i5 5 5 %~ts~uo i-ROCCC~~~L~ ~~-i-
~
0 ~ ~ 's~2 's~~'s S S~'s 8
s~ ~'sSS-CLu £EE>0z~~co o-C ~CmO's"
iLLN
-g
-0
a03 ___ aowfloos
's~-CNZ2
rmsooao
~ 2 ,R-m's;t~ goz~ 8">" I0 Lii
CC0~CJ~U~O"0V0OC0VC20Lu5~C rs~S'sLu~: t 0's E O flScSo~i~SzsS C~6COa0~C20CLiR~
's's~-,. 5 moo Sr C 'sS's Co-s ss~c½osuo~~ Fu~'sbLi~.~OcLi
~
CE
L's OCtoC~r0~tC8's2:C ~C~'s~-.ZyCR 0055CC
-F--EOF-OOOLIJOO
~Ž
C)
's n U, ~ C
Ci
in Lu
t Lu
CC n 0
0
in -
'0 '-
">t
(0 Li-
0 --
'0 -
0 ,-
(0 0 -
0 -
N -
Li -
0 N 0
Lii -
N N N -
in 04 Lii -
4
Li-
-
Li~
~
Li-
~-
Li-
0
-
-
0
-
'C
in 0
-Li 0
0 0
0
Li-
0
0 0 ______
0 0 N
0 N
Li~ 0 in
-) 0 (N
-5 0 Lii
0
853
o (-2
C C
C
Ye
C
*'2
-
C
(9
It
0
P
IL]
0
0 -
II-.
0
C -
0
=0 Co
'I
0 ~e 32~a
rt
>
2
_
op
e~
C
Cc oc ~ ~a an
0
cS
C -~
~
2C3 C
.- c
bc>,.eee=C"
2->
-
C
>-E
*
~,t' =5 ~zC c~&8
E~
CQ
cc
tSa. o o CC CCC
COE tsev
fliC=
or
20 eS 53c
5-2CC CCO~ -CCC. CCt Oit0
XC -
8.S'e'--.C e2.g c.20 ~C
~Ž~g
0 Vrr~~ioer ~OCCC C
c-P
~
(-2rLP e~
a;~
r~
aCt
C
2C2002N ~.-CCC.5N ii CC Ce
2
LU a
0
C CCCCCC>CW ; 3 - C~; ~>CS~ V0CC OC~ C C -C C CVC( 0~C-C1 C 0.-Li ~O CC~ nC.SC
2
0
2~j~
2
cC
~
02052
-
-
CC~ e2Ct .C
U.->
CC~~n.0CC~~C - ~ C~c S ce C tC~ flO~a OCC ~ C C*X.0 O~ C C~-CCC~--O CaC CC~-C..e
0
"C C~
C~5
S
C .. CCC aC~ =CoC C..50 zeta Cfl ee~C WOo,. *-CC~> O-n~z C
-a.. 0 Ca Se~0 >-'e 2
eaaC.
C
'C
0J
C
C
CC _ CC
0CC-~C .. Cr~ oet'2R~ C~TLC=CO
CC~~ c C~ *~C 0 CC"C> ~o SC 02 3,. Ci-C JtC~
o
~ COILOC "Ce ~es CCC-.~ aroi, >CCLCa
5
CC
2
CC -=
as
OLD
v-a
b~
~
.
0
g~C~
Or C~ C
0CC ~CC CCi~C t C ea ~ -FCS
EU ece2 CC -~r ~C.0CO~CerC .Ca 025cc.-flCflj~~L~ =CO-=C 00 ~*~C2
CCt-C Co->,C~C CCC CCflC>iCL.Li~OCCC0 tr~ae 5-C~iaJC.~~~ 0Th~CCCC
a-
g
oo-fit~
~ CO
-5-C2C
p
tT~;
CL-CC _ C ~ Oin'-
->LCC C.- IC~ -C C->.2 ;ZC SC-> 2~e ~ 0 e , C
'6> FC~ F
C.
a a
~;
r~" C ~ ~-.. ~LDC CCC CO~ ucEm 25 CAn CC
~
~~-C 0 ~
C~-C
C C C
~cS.c!rn ~goCC~~ CCS U ebZ~
5
OC~O -
RZ20~
0
CL>e
a~cb
C-C-&
~.
C 2 iCCCNCL-CtaC2 2 earo~ o-CnCw~L--~ -C -- ->~ OICCeCS ~~CE
~s- 2
C~j~~fl~L-n ~ ~-k;~ aonr~o2 ~>C<-~~ CJC=0O5 ~VCEC erfi r5~at~16o 5~t~CvZ p 0CC C-C-C C-C
S
0
C
CCC -~,C5-> COO-n Ito C0C=
0
cC"2
eCc
0262 -C C Z~~CC00CC
aC~,Cfl,~C3
O~CNLU C4~
Z
C ~C rgteŽe Ct 5tn
2
ZoE~
2
CCCNCO ;2~~2g2'GE pC
0
0 =0 0C~'~tC>C og~ & a~ C2O->C 2 2 CCOL-~5 -0CC
-o
v~not
-C CCC SC
CC-- ~CtECt0-~C CCOo.-a a~~'--Pe>-C
2
CooCt ~fl
..e.-E~C~
CCcw~22~~~ .-.-
fl
-C C Co
C i,~
CO
aC~=~r= C C.-nC
WOO CCa CECCCŽ~ 00CC
_ C-C
_ C
2
-~
5
2~aeC-C.CeC
~.-'dCtC cC ~~Cg~22SCC ~C2~CaC-~OCtoZr ~5C C C CCC
2
FL~C
CCXC2 0 0 COOC C~C&CeCc.C
C re*>C
C
e~~t r.0 ~ C C C
5 2
CŽ;~g~28ii2fO..b.0 2oE ~CW
-C
C~~>
e522
0 0 C a ~Ce *~LCC C~!o
gC02OCSOE
CC~CCIt.0L>It2 (ICC O g22tCvCSOo~~Cim CC2~Ct> L.D.0C
0 0
~o
0
o5C~
C
CL-nOr UCCCLC CO C-ff~flCCOC
C
C
2
C _
Ce
0
2
ec
C
0
CCC
a,.i.e5o2~CC
LC;-nLoC.-5 C C __
,
2
C ~ C,5CC
C orxC~Žt~
CCCL-ECO Ci
C~C'L~~CC
-r0 ~.~CCi a
(3
C
in a
0
.0
0
C -
Li
-
-
3-
it C
-
0 C 0, i-
-n i~CC
in
C
C C~i-
Oi ONO
0
N -
in C
0 in -
C C in C
C in C
LU 0 in C
N in C
Ci i-i -
-S
S
-
C CCC
-
C Ci~C
-
C
C
C
C
C -
C C
C C
C C
C C
C
"in
(0 0 N
N 0 N~N
02 C
0
C NON
-
in C
in N
C N
C N
0 C
N C
C C >2
Ci C N
in N
854
<
E
C)
E
0 o
~0: n5oo,.~
'0
0
S
2
0
a )0)fO) S~ 3
c
-~
oo
>0>00
So a
0~~0 co
ocs3 '~~0~= o 00) -*a0)x'0 ~ OZ
0
50)~a-0 0 0) -0000r Vn=0'c 85>0> -
a
-
~t 0>
0
o0C ~
~>.o.fl0 0)00=
n~>§< -00CC. 0)0)00~~ ~0c00r~0
Br
~0c~> C c5>. ,0
0)-0
con
~nBroo~~.0)c-~S,
~v
b'000)
0 0~
~ a
og~>~OZ n-am... 2
E>>~C
5>.
00 tota..~ 00co0S3 0)
o
a>~ a
0)'0,0>00B~c.8
*~oo~
s~
(0)4ci
a00=50)t(3
tt
0)000 ~
0) -
0)0)0¶~
a.~EtSa 0)0~0)0)0) n"A>"50)
<
-von
O-00C~ 00) 0)0) ~
~A~70)
ES
>0)0 -. 5
~o n0)0)t
C >0)
0.
~
5 ~
e$e
~
00>> 0)50)00 *.~.0 S~00 ''0)>
8
0
000)
2
-
Nc5
n~
cg,
00) a&~c& 0000~0) -00)
Sr
L0)
-v
V
~ ;~ 0)>S~0)0)0)
0)~
a
o0)C~30)~E
ao,~ ">
~
oj~=~
n~&
~n"
0,-
-- va>
-ro 8''
C 00).-
a
F C ro
0a0)ca0)S~C5
~a~5t0) fl0)*>~a00
0000>8E00
00oocr
acc>o
£000)
af~F
=>0*0)o
:~:
0)*0*
'~5
c-.
SF 0)
~2~8
-~ 0)>
0
~
00)00 0.00)
,~roct,
-no.
o00
0
0 )
tfl~aw
2<8 0>5 0) 0-J>>0)a0)~~ ~>0 to C EwŽC~3 0000 00 Woo
8 ~
,o~3s' 0
"'o~
2 ~
-n~5 '2'FCS c-c 8ra~c o..,o~o 2 b ' S~~ 0 "'00)r
c0)5?St~t 0)000az0)0a 0)0>> ~~0)Cfl 00)~~ tch>~'o~'c rŽo~>0cr000)r 0)0) 0 o0a ~~2t 00 - -. 0flS~3'S Sc-no000n 0) 00~000) -~0)r -
a''-
oc0)~0) 0wor0)-a
b ~ftt ~ 0)00 oc~ an>co 0--v ~ 0)c0.SScO n~ -o 'r>.-* -. ~n~00 b'2'cZ0) Ea ot2~r ) 0)0 a)0-v ~'0'0) o~co. 0.....0os>cc.sctr xo0)o.on~
Wa0)0)
000) F-ox
-to--c coo.>.o> a -o auto - 0)00 a
- ~ 0)~cr ~>~8-8C~C0 0 ~ '0) >B> a. cn~.-.0 ) -o 00 C c~~a 0)50-0) '~ ~cv ~g~>>.oŽflc= 0 0 0)0 En CS ~S00)br 00-s 00 ~z~rF2~'t ac8>. 'E a 0 ES I ~
~s;~t~>~& S, 6 tto:0)8o~r ~500tto250)c~c.-.,~r.g -~ 2 000) >,00o>r~ ~o-..>-"> ~ '" ~0)~~0)o ,a, *~ 0 0 t 4 <8O ot20)8~22t ~ 0)>~~ 2on'~',> 0)0)5 t~a'.>.-'-ES 0)00 "~> CQ0- >o~~ *-~~= 0) ~'n fl'.0) C0) ijoo~0)0 ~s2r~0)n~ttn 0) 0 EVaSk-..o<oao0,0-zc~o,,,zzoss
0c00)nn0,~ ~z~S~aF £0) ~-~0)
0 0 ~
0 ) ~
0)0)a
Ž025
h.o C
0-)
0)
-
dv "0
0) 0)
00 -~ 0 0)
c
0 0)
00 00 00 .-
00 ,-
0 00) 000 0a
±0 00 00) a-
00 00) .-
00 00 '0) 0~
0) 0) 0000 0000 0-
00 00) -
ON 00) a
00 00 00 0~
00) 00 a
>.-
0
4
5 00 00)
a 'a 00 00
.a 00 00 00
a
.a
a fl 00 00
a 00 00 00
.a 000 00 00
0-a 0-a 0)00 0000 0000
0~ a 0 00 00
00) 00
a 00 00 00
0~ 00 00) 00
a 00 00 00
a 00 000 00
00) 000) 00 00 ON
855
0
--
-
-
-
-
0 C,
E E
0 C,
C C,
m
0 0
0
-
I, C)
C -
0 C 0
0
CD
IL
0 0
C
0 0) C)
E
~
uJ
. Er
C
0 -
0
00
tI n
00 C
E
C-)
C)
$5
S
1=
*
-
rOnj r C)----N
'3 o
0E
I00-0 t0
a a
0 ~
0
0
0E
ca
~i
o~ .o~
Cr.-
~6a~
0 Z
-
0) ~ 0 4~ L~ 0) '~ ~ 0 C r C) C C) OiL 00.-Cu Thc 0 0
>-
o C
F
~
2
S
U tO
C~)
C 0 t3 0) 0 2 £0 C 0 0
C,
-
0)
-
0)
C)
_
to
-
cnn
~
N N N N N N N N N N N N N CO N (0
856
E1E
0
Ui
CI
f
EE
K
tZrt
isi A1
4
001ýj
Sn
0
0
0)
-
-
K "6 0~( t
7
0m
V~I
.7.O
_o2~-
-
g0
0__
E
730.-
7E!7Ea7 7
_.-&)~ 0
-
0
0
fc77
T~gFn
m
U*
.
S
~
c~O-~.E 5.7~Zt-~
mj
cX~~F~8E57
0 s• 0
E S
0
or
0
0
~ 22
o 0 0
_____ , C-
Li -D
Eu,
C
I' C
0
o
Li-
0
>1
(-4
0
1*,
0 00
I.
C
F
Lii
'-~
vs C =
C __ -
00
~ot C 0 0
_
0 0
0) ~-D~ or 00 -n C*~
~-
k
~
90
0
~ ~ 0' -
*2E~
n'D0 >Ao)c 0 C
0
C 00-D t0)~'~~~CC 0 nw~
o
I.
V-E
Ct
0
tr ' 00 Li> Li~
a
a.
~
~iEo40ti)D
z
0 ~ 0
~Ec
.2 E
C
~
<-~
too,
-n-~i
tg~
-
C.0~O
'Co
S
n~oo
Cm
~V50COO -nC~~
~o
00
fl
2
00 ~g~sc -OoOna
-~
C
0
0 ~ ~ 0~ ---~tnLi 0.-010flo0 = 0,LiC ~C0 2 0 0
:udJ~J~ ~ !
0
0
0O2~~t
-a fl C
_ -
5?
0
~
_ _
E-E- 0
~
0
~ 00 ~
0
r mg -.-- o
_ _
-~
2z
"-'to, Eoo
~co~io, 0g0)2~g ~O~0
~tU _ oc
~
?L~s
_ C~.o
I:
~0 Ci, ~C OW
2
(0
~, -a0 C00~ gOCZ-o.0) 0 0-0) nCt~Or
I
'B
£
Fe.~2 n*~Li E'o-2n0
0 0 '.~'oo
a
> ~
-~
2
-
-
0 ,~00t
C
~C .-n~tr--D *
-
Dac
~
~
2CE~
Li2oo~vc 00-
0 0 -0 0fl.~ -t~r~I--t'-~ 0 ~ 0 ~ 0 4 i,~~o, 0 p,~o0C-oOo~o,~
atETh' ~o
9
a 0
-~
Ot
o
-
.~~g 0
~0 ~
-oLO
i
0 0 10
0(05
CnCC'50
0040)
*>iVWO
0X0C
5 ~ CECC$00 a(o. o~C0)CW Li- 0fl~ Li
0) (V
U
10 0
(0
C
CU
S
-0
~
0 a,
0 (0
'0 (0
0
0
0 ~
0 0 0 C') 10 0') 0) 0 (N
0)
I',
858
doc_281198523.pdf