Amended Rules and Forms
Brown Bag Friday, 11/17 Amended Rules & Forms
A number of amendments to the Federal Rules of Bankruptcy Procedure and the Local Bankruptcy Rules will become effective December 1, 2017. In addition, various forms are being revised or created in conjunction with the rule changes, the most significant being a revised Chapter 13 form plan.
Some of the more notable changes will be discussed at a brown bag session in the bankruptcy courtroom at the time noted above. (This is a repeat of the session held 11/6/17.) There will be light refreshments. Attendees may bring their own lunch but any liquids should be limited to bottled water. Written materials are posted at the court's website www.hib.uscourts.gov.
The session will be available remotely for those not able to attend in person. There are 2 components to this - (1) WebEx viewing of the PowerPoint presentation and (2) live audio via a teleconference call. IF YOU CALL IN - PLEASE MUTE YOUR PHONE UNLESS YOU WISH TO ASK A QUESTION.
If you have any questions about these connections, please contact Brennan Lee at 221-4960.
Q&A Session with BAP Judges - Thursday, 10/26, 12 Noon
There will be a brown bag with judges of the Bankruptcy Appellate Panel for the Ninth Circuit (Honorable Laura S. Taylor (S.D. Cal.), Honorable William J. Lafferty, III (N.D. Cal), and Honorable Julia W. Brand (C.D. Cal.)) on Thursday at 12 Noon. The Hawaii Bankruptcy Bar Association (HBBA) is generously providing refreshments for all attendees. If you bring your own beverage, please limit it to bottled water.
For those on the neighbor islands and anyone not able to attend in person, you may participate remotely by teleconference call using the information below. PLEASE MUTE YOUR PHONE UNLESS YOU WISH TO ASK A QUESTION.
Upcoming Brown Bag Sessions in Courtroom
Thursday, October 26, 2017 - 12 Noon.
Monday, November 6, 2017 - 12 Noon.
Proposed Amendments to Local Bankruptcy Rules
Click here for proposed amendments to the local bankruptcy rules, intended to be consistent with changes in the federal rules effective December 1, 2017, and in conjunction with a new form plan for chapter 13. Please send any comments to firstname.lastname@example.org by October 27, 2017.
A review of the final versions of the chapter 13 plan and the local bankruptcy rules will be the subject of a brown bag session to be held in the courtroom next month. Details to follow.
Proposed Local Form Chapter 13 Plan
Several sections of the proposed local form chapter 13 plan have been modified in response to comments received by September 1, 2017. The modifications are shown in highlighted sections in the latest draft (Plan ver 07SEP) posted at the court website. The original proposed plan (Plan ver 16AUG) also remains posted there for comparison. Any comments on the highlighted changes may be sent to email@example.com by September 15, 2017.
Once the form plan is adopted by court order, related amendments to the local bankruptcy rules will be posted for comment. Following adoption of the amended local rules, brown bag sessions on the changes in rules, forms, and procedures will be held in the courtroom in October and November. Remote participation will be available by Internet and conference call. Dates will be announced later.
Proposed Local Chapter 13 Plan; Other News
1. Amended Local Form Chapter 13 Plan. Absent contrary action by Congress, amendments to the Federal Rules of Bankruptcy Procedure will become effective on December 1, 2017. Amended Rule 3015(c) will require use of a new national Chapter 13 plan, Official Form 113. As an alternative, a district may adopt a local plan if it complies with certain requirements identified in new Rule 3015.1. A proposed plan has been drafted to comply with these requirements and is published at the court's website, www.hib.uscourts.gov, to provide an opportunity for public comment. Comments may be sent in a reply to this email or may be sent to the address below by September 1, 2017.
2. Amendments to the Federal Rules of Bankruptcy Procedure 12/1/2017. The amended rules effective December 1, 2017, are appended to the draft of the local form plan. These should be reviewed for other significant changes, such as those regarding claim deadlines and objections. There will be some presentations in the courtroom by the Clerk's Office on these and local rule changes prior to implementation - detailed information will be provided later.
3. Proposed Amendments to the Federal Rules Published for Comment. Amendments are being proposed for the following: Bankruptcy Rules 2002, 4001, 6007, 9036, 9037, and Official Form 410. Comments are due February 15, 2018. The text and supporting materials are posted at: http://www.uscourts.gov/rules-policies/proposed-amendments-published-public-comment.
4. Presentation on Motions to Dismiss for Non-Presumed Abuse Under Section 707(b)(3). Assistant U.S. Trustee Curtis Ching will be giving a presentation on Thursday, August 31, 2017, at 12 Noon, in the bankruptcy courtroom. The Hawaii Bankruptcy Bar Association will be providing light refreshments. It may be accessed remotely via the Internet and teleconference call - detailed information will be provided later.
The standard interest rate provided for in LBR 3015-1(g) is set on the first day of June and December each year. The standard interest rate applicable to chapter 13 plans filed in cases commenced or converted to chapter 13 on and after June 1, 2017, is 5.50%.
|12/01/2016||Chapter 13 Interest Rate
The standard interest rate provided for in LBR 3015-1(g) is set on the first day of June and December each year. The standard interest rate applicable to chapter 13 plans filed in cases commenced or converted to chapter 13 on and after December 1, 2016, is 5.00%.
Effective December 1, 2016, various fees set by the Judicial Conference in the Miscellaneous Fee Schedule will be increased due to an inflationary adjustment. A table of the fee changes is included as Attachment A of the document summarizing the latest news from the Clerk's Office.
Revised Chapter 13 Attorney Fee Guidelines and Forms
The dollar amounts for presumptively reasonable attorney fees in Chapter 13 cases have been revised. In conjunction, the court has revised the Chapter 13 Attorney Fee Guidelines and Rights and Responsibilities of Chapter 13 Debtors and Attorneys. One change is that the Rights and Responsibilities form will be required in all Chapter 13 cases if the debtor is represented by an attorney, even if the "no-look" fee schedule is not used. See draft versions of the guidelines and form. Any comments should be submitted April 29, 2016, so that the new fees and forms may be implemented as soon as possible.
Reaffirmation Agreement - Information for Chapter 7 Debtors is a new resource that is posted at the court website. This was developed as a public service of the Hawaii Bankruptcy Bar Association.
An amended order has been issued regarding the adoption of amendments to the local bankruptcy rules effective December 1, 2015. The previously issued order attached incorrect versions of certain rules.
Chapter 13 Plan
As provided in LBR 3015-1(f), effective December 1, 2015, "[t]he debtor shall serve the plan on the trustee and all creditors when it is filed with the court." This is the same language contained in the proposed amendment to the federal rule. However, in the short term, the court will continue to use BNC to mail out copies of the debtor's plan as a courtesy if the plan is filed electronically at the same time the petition is filed.
Report of Bankruptcy Scam
The following alert was issued by the United States Courts.
A sophisticated phone scam is targeting bankruptcy filers in several states, using personal information from filings and posing as attorneys to get intended victims to immediately wire money to satisfy a debt.
The United States Bankruptcy Court for the District of Hawaii now offers debtors the opportunity to request email notices from the court. Under the Debtor Electronic Bankruptcy Noticing (DeBN) program, court notices and orders will be sent as PDFs attached in emails instead of paper notices sent through the U.S. Mail.
This email noticing service by the court through the Bankruptcy Noticing Center is VOLUNTARY and FREE.
Once the court receives the debtor’s DeBN request, court staff will create an email account with the BNC. From then on, all court notices in the bankruptcy case (and any other bankruptcy case where the debtor may be a party) will be delivered by email. Court notices will be sent through the U.S. Postal Service only if (1) the name and address in a case does not match the name and address registered in the DeBN account, (2) there is an email transmission failure, or (3) the PDF is larger than 8 MB. The debtor also may cancel a DeBN account at any time.
Note: These DeBN emails contain ONLY notices that would normally be sent by the court through BNC - not every document filed in the case. Only the court is authorized to send notices to the debtor through the DeBN program. Other parties, such as trustees and creditors, may not use these BNC email notices to serve documents on the debtor.
|09/29/2014||Approved Transcription Services
The court has approved 4 transcription services for providing official transcripts of proceedings. Previously, the court selected a transcriber when a party filed a transcript request. On the revised form, the requesting party may select one of four transcription services:
Access Transcripts, LLC, 10110 Youngwood Lane, Fishers, IN 46038
eScribers, 700 W. 192nd St., Suite 607, New York, NY 10040
Jessica B. Cahill, Maukele Transcribers, LLC, P.O. Box 1652, Wailuku, HI 96793
Washington Rapid Transcription Service, 320 W. Republican, Suite 207, Seattle, WA 98119
The court will select the transcription service if no selection is made on the request that is filed.
Certain policy and CM/ECF procedure changes have been made with respect to the electronic filing of amended schedules and creditor lists in order to comply with the Bankruptcy Court Miscellaneous Fee Schedule, ensure better notice to creditors, and lessen some of the confusion regarding how to file these documents. The attached PDF provides instructions and screen shots for filing these types of documents in CM/ECF when they are not filed together with the petition.
1. The CM/ECF selections have been modified in the list of available events under Miscellaneous Documents:
2. The filing of an amended creditor list will incur a $30 amendment fee, even if the filer electronically uploads the names and addresses into the CM/ECF database. Previously no fee was charged if schedules were not being amended.
3. The names and addresses of entities listed in Schedules D, E, F, G, and H must be consistent with the creditor list filed with the petition. If additional names and addresses are listed in the schedules - even if the schedules are the initial ones filed within the 14-day or extended deadline - inclusion of an amended creditor list and payment of the $30 amendment fee are required.
4. The filer remains responsible for uploading the additional names and addresses into the CM/ECF database and to send notice of the bankruptcy case, meeting of creditors, and deadlines to any parties not sent notice by the court.
5. If the Clerk's Office determines that the amendment fee is required and has not been paid, an entry will be made on the docket noting the fee due. This will generate a notice of electronic filing as well as an email to the filer similar to the one below:
"Pursuant to 28 U.S.C. § 1930, a fee has been assessed for document # __ in case ______ which will be reflected in your internet payment charges. Please click on the link to make payments - Internet Payments Due."
If the fee is not paid within 24 hours, the CM/ECF account will be locked to prevent any further electronic filing.
Please let us know if you have any questions.
When electronically filing a document requiring a fee, payment with a credit card must be made by 6:00 PM HST on the day of filing. The vast majority of filers comply. However, when payments are not made timely, court staff must contact attorneys about outstanding fees. To address this situation, the bankruptcy court will soon be implementing a process in CM/ECF whereby failure to make a timely payment will result in an automatically generated email notifying the filer that his or her login will be disabled for filing documents if the outstanding balance remains due for more than one day. If this occurs, the login will give access only to the Internet payment portion of CM/ECF. Once the outstanding fees are paid, the ability to file documents will be automatically reinstated. See sample message about this "lockout" feature that a filer would receive.
The court is now participating in McVCIS, a nationwide judiciary Voice Case Information System. Dial a toll free number (866) 222-8029 and access code 44 for the District of Hawaii case information, including:
See the VCIS page for more information.
Facebook & Twitter Accounts
The court has created accounts for Facebook and Twitter in an effort to make court news more accessible. Check out the following links:
Attendance at 341 Meetings
Meetings of Creditors
1. Reminder for Debtor identification and Social Security numbers at 341 meetings: