Opinion
October 11, 2005
Pursuant to 28 U.S.C. § 2017, Fed.R.Bankr.P. 9029, and Massachusetts Local Bankruptcy Rule 9029-1(c), and for the purpose of implementing the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA of 2005"), the undersigned judges hereby adopt, effective October 17, 2005, the attached Interim Rules and Official Forms, dated August 2005 and as amended in October 2005, approved and recommended by the Advisory Committee on Bankruptcy Rules and the Standing Committee on Rules of Practice and Procedure of the Judicial Conference of the United States, in their entirety without change. The Interim Rules shall govern cases, adversary proceedings and contested matters to the extent that such cases, adversary proceedings and contested matters are subject to the provisions of BAPCA of 2005 and insofar as just and practicable. The Official Forms must be observed in cases and proceedings subject to the provisions of BAPCPA of 2005 with alterations as may be appropriate. In the event of a conflict between the Interim Rules and either the Federal Rules of Bankruptcy Procedure or the Massachusetts Local Bankruptcy Rules, the Interim Rules shall apply, except as to any amendment to the Federal Rules of Bankruptcy Procedure or the Massachusetts Local Bankruptcy Rules first becoming effective on or after October 17, 2005. For cases and proceedings not governed by BAPCPA of 2005, the Federal Rules of Bankruptcy Procedure and the Massachusetts Local Bankruptcy Rules, other than the Interim Rules, shall apply.