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EDMI Revises Chapter 13 Local Forms 12/6/2009

On December 1, 2009, the U.S. Bankruptcy Court for the Eastern District of Michigan (which covers Detroit, Bay City, and Flint) posted a "Notice Regarding Revised Local Forms." Both of the forms affected by the revisions relate to Chapter 13 cases.  According to the Court's notice, the forms were amended "in conjunction with the revision of time-computation effective December 1, 2009" (a change to the Federal Rules of Bankruptcy Procedure and the local bankruptcy court rules which I have discussed recently here and at the National Bankruptcy Forum).

The first form that has been revised is the "Debtor’s Chapter 13 Confirmation Hearing Certificate."  This form now states that a motion to dismiss must be filed within 7 days if the case was previously converted from Chapter 7, 11 or 12 to a Chapter 13. The second form that has been revised is the "Notice of Deadline to Object to Proposed Chapter 13 Plan Modification."  This form now states that the deadline to file an objection to the proposed chapter 13 plan modification is 21 days after service.

Detroit bankruptcy lawyers must be aware of these notices as well as other local rules and practices in the Eastern District, while bankruptcy attorneys in other jurisdictions should review their local court rules for similar changes.  The Eastern District of Michigan’s recent notices emphasize both the procedural complexity of bankruptcy cases and the need for competent counsel.

-Drew Broaddus

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