Amended Rules Effective 12/1/2009
As announced previously, there will be a brown bag discussion of the amended local rules at 12 Noon on Monday, November 16, 2009, at the U.S. Trustee Meeting Room, 1132 Bishop Street, Suite 606, Honolulu, Hawaii. Included on the agenda is a review of time computation changes that become effective December 1, 2009, in the federal bankruptcy, civil, and appellate rules, using 7-day increments to calculate deadlines. Generally:

5-day periods become 7-day periods;
10-day periods become 14-day periods;
15-day periods become 14-day periods;
20-day periods become 21-day periods; and
25-day periods become 28-day periods.

For example, schedules and statements not filed with the petition will be due in 14 days instead of the current 15 days. In addition, the deadline to file an appeal will be 14 days after entry of the order or judgment, not 10 days. These changes will take effect December 1, 2009, absent contrary action by Congress.

IF YOU WISH TO PARTICIPATE AT THE BROWN BAG VIA TELECONFERENCE, PLEASE EMAIL ME BY FRIDAY, NOVEMBER 13. If you request teleconference participation, you will be given a toll-free number to call and a passcode. There is no charge. This is also offered as a webinar. You will be given a link to a website where you may view on the Internet the rules and forms as they are being shown on a screen in the meeting room.

"Brown Bag" Discussion of Local Bankruptcy Rules effective 12/1/09
The public comment period has ended on the proposed amendments to the local bankruptcy rules. The final versions of the rules to be adopted December 1, 2009, will be discussed at a brown bag meeting to be held at the United States Trustee Meeting Room, 1132 Bishop Street, Suite 606, Honolulu, Hawaii, at 12 Noon on Monday, November 16, 2009.

We are planning on making participation available by teleconference. Further information regarding that will be emailed once the conference call arrangements are finalized.

Revised Amendments to Local Bankruptcy Rules
The initial public comment period on the proposed amendments to the local bankruptcy rules ended on October 2, 2009. Several revisions have been made after consideration of the comments submitted. A summary of the changes and a link to a copy of the revised rules are posted here.

Any further comments are due October 16, 2009, and may be emailed to mbd@hib.uscourts.gov.

Proposed Amendments to Local Bankruptcy Rules

PUBLIC NOTICE AND OPPORTUNITY FOR COMMENT

The Local Bankruptcy Rules were last amended on June 2, 2003. Since that time, an extensive amount of change in local practice and procedures has resulted from amendments to the Bankruptcy Code and federal bankruptcy and civil rules, as well as the implementation of electronic filing. The current project to amend the local rules has the following objectives:

• Update the rules to reflect the court’s current practice and procedures;
• Convert general or administrative orders and guidelines to rules;
• Replace references to local civil rules with “stand-alone” bankruptcy rules;
• Amend rules in accordance with the style project for the Federal Rules of Civil Procedure effective December 1, 2007;
• Modify deadlines and time-counting methods in accordance with changes expected to take effect for all federal rules on December 1, 2009; and
• Add references and links to local forms.
  

Numerous amendments are being proposed to meet these objectives. A table of changes is included as a cross-reference.

The proposed amendments also contemplate the adoption of separate rules by the bankruptcy court, together with the district court’s adoption of local rules regarding bankruptcy court jurisdiction and appeals as part of the local civil rules.

The proposed amendments may be viewed here. Comments may be sent to the address above or emailed to mbd@hib.uscourts.gov on or before October 2, 2009.

Certificate of Service Form, Reaffirmations

1. Certificate of Service ("COS") Form. The COS form has been updated for two reasons. First, the form instructions now permit the attachment of a CM/ECF notice of electronic filing ("NEF") as an exhibit. Previously, a filer needed to identify the name of a party when the party's attorney was being served electronically. However, the latest version of CM/ECF now identifies the name of the party in the NEF. Second, the instructions include a new notation to identify service made in accordance with Fed. R. Bankr. P. 7004(h), i.e. when service on insured depository institutions in contested matters and adversary proceedings must be made by certified mail.

2. Motion to Defer Entry of Discharge and Enlarge Time to File Reaffirmation Agreement. As both debtor and creditor attorneys realize, BAPCPA significantly increased the importance of executing and filing reaffirmation agreements. In addition, the amendment to Fed. R. Bankr. P. 4008(a) in December, 2008, set a deadline for filing a reaffirmation agreement with the court - 60 days after the first date set for the meeting of creditors. That deadline may be extended by the court. To facilitate a request by the debtor to enlarge the time to negotiate, execute, and timely file a reaffirmation agreement, the form motion to defer entry of discharge has been modified to include a request that the 60-day deadline in Rule 4008(a) be enlarged. The filer need not submit a proposed order; the court generally will enter a text only order on a motion made by the debtor.

Meetings of Creditors
The Office of the United States Trustee has requested the following information be disseminated regarding meetings of creditors (341 meetings).

1. Reminder for Debtor identification and Social Security numbers at 341 meetings:

For many years now, due to the rise in identify thefts nationwide, debtors have been required to show proof of their identify and proof of their social security number. Acceptable picture identification includes a valid state-issued drivers license, military identification, state-issued picture identification card, passport, legal resident alien card, student photo identification or work photo identification. Acceptable proof of social security number includes an original social security card, a current original W2 form, recent original pay advice, health card, or some other original official document which shows name and social security number. Trustees are instructed to continue the meeting to the trustee’s next calendar date if the Debtor does not have the required identification.

2. Telephone interpreter services:

Effective immeidately, debtors with limited English proficiency (LEP) may request, free of charge, the use of a telephone interpreter service for their section 341 meetings. This service is currently available at the Honolulu, Hawaii meeting of creditors room only. To the extent possible, debtors or their attorneys should notify the trustee in advance of the meeting in order to avoid disruption to the flow of meetings. Services are available in over 165 languages. Trustees have been instructed not to allow debtors' attorneys or relatives to provide interpreting services for the debtor.

PDF Headers on Filed Documents
The most recent upgrade to CM/ECF changed the default for viewing filed documents with PDF header information (case and docket number and filing date). If you would like the PDF header to always appear, please see these instructions.