Opinion
General Order No. 110.
October 14, 2005
Whereas, on April 20, 2005, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 was enacted into law; and
Whereas, most provisions of the act are effective on October 17, 2005; and
Whereas, the Advisory Committee on Bankruptcy Rules has prepared interim rules designed to implement the substantive and procedural changes mandated by the act; and
Whereas, the Committee on Rules of Practice and Procedure of the Judicial Conference of the United States has also approved these interim rules to provide uniform procedures for implementing the act; and
Whereas, the general effective date of the act has not provided sufficient time to promulgate rules after appropriate public notice and an opportunity for comment;
NOW THEREFORE, in accordance with 28 U.S.C. § 2071, Rule 83 of the Federal Rules of Civil Procedure, and Rule 9029 of the Federal Rules of Bankruptcy Procedure, the interim rules, which are attached as Appendix A, are adopted in their entirety without change by this court to be effective October 17, 2005, to conform with the act. For cases and proceedings not governed by the act, the Federal Rules of Bankruptcy Procedure and the local rules of this court, other than the interim rules, will apply. The interim rules will remain in effect until further order of the court.
In addition, as the act permits courts to exercise discretion in implementing several of its provisions, which discretion the court believes is appropriate to be exercised through the promulgation of several local rules that implement various provisions of the act, the court adopts the specific local rules attached as Appendix B, which are effective as of October 17, 2005.