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Rule Changes. 1004.2 In a chapter 15 case, the debtor must state the country of the debtor's main interest and list each country in which a case involving.

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Presentation on theme: "Rule Changes. 1004.2 In a chapter 15 case, the debtor must state the country of the debtor's main interest and list each country in which a case involving."— Presentation transcript:

1 Rule Changes

2 In a chapter 15 case, the debtor must state the country of the debtor's main interest and list each country in which a case involving debtor is pending. A deadline is also set for challenging the statement asserting the country of the debtor's main interest Implemented by new Form 1

3 2003 Allowing for the adjornment of a meeting of creditors Conforming amendments are made to Forms 9A through 9I

4 2019 Expands the scope of the rule’s disclosure requirements by requiring disclosure in chapter 9 and chapter 11 cases by all committees or groups that consist of more than one creditor or equity security holder, as well as entities or that represent more than one creditor or equity security holder. It also authorizes the court to require disclosure by an individual party in interest when knowledge of that party’s economic stake in the debtor would assist the court in evaluating the party’s arguments.

5 3001 Amended to require more detailed information to be filed with a claim. For individual debtors: if, in addition to its principal amount, a claim includes interest, fees, expenses, or other charges incurred before the petition was filed, an itemized statement of the interest, fees, expenses, or charges shall be filed with the proof of claim Statement of the amount necessary to cure prepetition default shall be filed For debtor’s residence, an the creditor must file an accounting of the escrow account Form 10 amended to clarify that writings supporting a claim or evidencing the perfection of a security interest, not just summaries, must be attached.

6 Requests the holders of a claim in debtor’s residence to file and serve notice of any change to debtor’s post-petition mortgage payments. Creditor must also file and serve notice of any post-petition fees, expenses, or charges. Debtor can file a motion contesting the above Debtor or trustee can file a statement 30 days after the last plan payment stating that debtor has made all payments to cure the mortgage claim. There is also a process for the creditor to contest the cure and a court determination of the cure.

7 4004 An objection to discharge may be filed after the objection time if: The motion is based on facts that would provide a basis for revoking a discharge under 727(d) and The movant did not have knowledge of those facts in time to permit an objection

8 6003 Amendment clarifies that the requirement of a 21-day waiting period before a court can enter certain orders at the beginning of a case, including an order approving employment of counsel, does not prevent the court from specifying an effective date for the order that is earlier than the date of its issuance


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