Opinion
General Order No. 2005-03.
October 17, 2005
ORDER
On April 20, 2005, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("the Act") was enacted into law. Most provisions of the Act are effective on October 17, 2005. The Advisory Committee on Bankruptcy Rules prepared Interim Rules in August 2005, designed to implement the substantive and procedural changes mandated by the Act, together with subsequent amendments adopted in October 2005. The Committee on Rules of Practice and Procedure of the Judicial Conference of the United States has also approved these Interim Rules and amendments and recommends the adoption of the Interim Rules and amendments to provide uniform procedures for implementing the Act. The general effective date of the Act has not provided sufficient time to promulgate rules after appropriate public notice and an opportunity for comment.
IT IS ORDERED that 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, the Interim Rules and the subsequent October 2005 amendments to the rules and forms are adopted in their entirety without change to be effective October 17, 2005, to conform with the Act; that cases and proceedings not governed by the Act, the Federal Rules of Bankruptcy Procedure and the Montana Local Bankruptcy Rules, other than the Interim Rules, shall apply; and that the Interim Rules, amendments and official forms shall remain in effect until further order of the Court.