Letter Re Wawb Rule Changes

MEMORANDUM U.S. Bankruptcy Court W.D. Washington DATE:

4 September 2009

FROM:

Judge Philip H. Brandt, Chair Local Bankruptcy Rules Committee

TO:

Practitioners and Interested Parties

SUBJECT:

Proposed Amended Local Bankruptcy Rules

______________________________________________________________________ In January, 2009, Chief Judge Overstreet appointed a Chapter 13 Task Force. The Task Force was charged with reviewing the local forms and rules governing chapter 13 practice. The Task Force made several proposals to the Local Rules Committee, including proposed changes to the Form Chapter 13 Plan, the presumptive fee for Chapter 13 attorneys, and a form of rights and responsibilities document to be signed in Chapter 13 cases, a revised rule regarding post-confirmation plan modification and a revised rule addressing changes in case law as to dismissal of Chapter 13 cases. In addition, the Local Rules Committee has proposed changes to the Local Bankruptcy Rules to be in step with the time computation amendments to the national bankruptcy rules, presumed to become effective December 1, 2009. Additional proposed changes incorporate the new national form cover sheet for reaffirmation agreements, a change in order formatting to address electronic order signing, revisions to the privacy procedures of LBR 9037-1, and a revised rule 1073-1 providing for coverage of matters when the assigned judge is unavailable. Posted on this website is the formal notice of proposed amendment soliciting comments, together with: 1. A proposed revised form Chapter 13 plan; 2. A redline of the Chapter 13 plan comparing the existing form to the proposed form; 3. Proposed revisions to LBR 2016-1, increasing the presumptive fee in a Chapter 13 case; 4. A proposed form of Rights and Responsibilities, which proposed LBR 2016-1(h) requires be signed by debtor and counsel in Chapter 13 cases; 5. Proposed revisions to LBR 3015-1, regarding post-confirmation plan modifications in Chapter 13;

6. Proposed revisions to LBR 9013-1, regarding voluntary dismissals, addressing issues raised by In re Rosson, 543 F.3d 764 (9th Cir. 2008); 7. Proposed revisions to LBR 1073-1(b), providing for coverage of matter when the assigned judge is unavailable, tracking the District Court’s General Order 07-03; 8. Proposed time computation amendments to numerous rules, conforming to the changes made by amendments to the Federal Rules of Bankruptcy Procedure which become effective 1 December 2009; 9. Proposed revisions to LBR 4008-1, requiring the filing of the new official cover sheet with reaffirmation agreements, also effective 1 December 2009; 10. Proposed revisions to LBR 9021-1, regarding order formatting; 11. Proposed revisions to LBR 9037-1, regarding privacy protections; and 12. A redline of the Local Bankruptcy Rules showing all of the changes proposed above.

Finally, on behalf of the court, thanks to the committee members for their efforts. The LBR Committee and the Chapter 13 Task Force roster are also posted.