Opinion
Standing Order No. 05-1.
September 1, 2005
On April 20, 2005 the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (the Act) was enacted into law. Most of the provisions of the Act are effective on October 17, 2005. However, the general effective date of the Act has not provided sufficient time to promulgate rules after appropriate public notice and an opportunity for comment.
The Advisory Committee on Bankruptcy Rules has prepared Interim Rules designed to implement the substantive and procedural changes mandated by the Act. The Committee on Rules of Practice and Procedure of the Judicial Conference of the United States has also approved these Interim Rules and recommends the adoption of the Interim Rules to provide uniform procedures for implementing the Act.
In consideration of the foregoing and pursuant to 28 U.S.C. § 2071, Rule 83 of the Federal Rules of Civil Procedure and Rule 9029 of the Federal Rules of Bankruptcy Procedure,
IT IS HEREBY ORDERED that the Interim Rules are adopted in their entirety without change by a majority of the judges of this Court effective October 17, 2005 to conform with the Act. It is further ORDERED that the Bankruptcy Court may adopt supplemental local rules and procedures not inconsistent with the Act, the District Court Rules or the Interim Rules. For cases and proceedings not governed by the Act, the Federal Rules of Bankruptcy Procedure, the local rules of this Court, and such local rules and procedures adopted by the Bankruptcy Court under D. Kan. R. 83.8.12, other than the Interim Rules, shall apply. The Interim Rules shall remain in effect until further order of the Court.
IT IS SO ORDERED.