Section 11.21 Local Implementation Order

• Library: Bankruptcy 2015 Cum - Forms

This form is available at:

www.moeb.uscourts.gov/pdfs/impl_order_0307.pdf

Counsel should use this website to access the most current version of the form.

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MISSOURI

In Re: Bankruptcy Abuse Prevention and Consumer Protection Act of 2005

Implementation Order

Amended March 1, 2007

Effective March 1, 2007

¹ Amended Order Implementing Interim Procedures Under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 and Adopting Interim Bankruptcy Rules & Official Forms

Whereas, on April 20, 2005, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (the Act) was enacted into law; and

Whereas, most provisions are effective on October 17, 2005; and

Whereas, the general effective date of the Act has not provided sufficient time for the promulgation and adoption of revised Federal Rules of Bankruptcy Procedure; and

Whereas, the Advisory Committee on Bankruptcy Rules for the United States Judicial Conference has prepared Interim Rules and Official Forms designed to implement the substantive and procedural changes mandated by the Act; and

Whereas, the Committee on Rules of Practice and Procedures of the United States Judicial Conference has approved and recommends for adoption the Interim Rules (“Interim Rules”); and

Whereas, the Executive Committee of the Judicial Conference has approved the revised Official Forms designed to implement the substantive and procedural changes mandated by the Act and (“the Official Forms”); and

Whereas, the Local Rules Advisory Committee serving the United States Bankruptcy Court for the Eastern District of Missouri has prepared interim procedures for consideration and adoption as an Implementation Order by this Court; and

Whereas, the Board of Judges for the United States Bankruptcy Court for the Eastern District of Missouri has considered those interim procedures and has made its own determination of interim procedures and practices under the Act;

Accordingly,

IT IS HEREBY ORDERED, pursuant to 28 U.S.C. § 2071, Rule 83 of the Federal Rules of Civil Procedure and Rules 9019 and 9009 of the Federal Rules of Bankruptcy Procedure, the following procedures are adopted and shall govern proceedings and cases in this United States Bankruptcy Court for the Eastern District of Missouri filed on or after October 17, 2005 until further order of this Court. This order may be amended from time to time at the discretion of the Court.

Interim National Rules & Forms

1.(a) Adoption of 2005 Interim Rules & Forms. The Interim Rules and Official Forms approved and recommended by the Committee on Rules of Practice and Procedures of the United States Judicial Conference and the Executive Committee, which are available at http://www.uscourts.gov/rules/interim.html are hereby adopted in their entirety. For cases and proceedings not governed by the Act, the Federal Rules of Bankruptcy Procedure, other than the Interim Rules, and this Court’s Local Rules of Bankruptcy Procedure will continue to apply. In all cases and proceedings governed by the Act, the Federal Rules of Bankruptcy Procedure and this Court’s Local Rules of Bankruptcy Procedure, as may be modified by the Interim Rules and Official Forms and by this Implementation Order, will apply. In all cases and proceedings, the Official Forms shall be observed and used with alterations as may be necessary, but all forms used must be in substantial conformity with the Official Forms.

(b) Adoption of 2006 Amended Interim Rule 1007 & Forms. The statistic and audit requirements of the Bankruptcy Abuse and Consumer Protection Act of 2005 (BAPCPA) take effect on October 17, 2006. To collect the statistics required by the BAPCPA and by other statistical reporting requirements, the Judicial Conference of the United States Courts has approved revised Official Forms 1, 5, and 6. Additionally, to provide clarification of other processes imposed by the BAPCPA, the Judicial Conference has adopted revised Official Forms 1 (new Exhibit D), 9, 22A, 22C, and 23 and has adopted an amendment to Interim Bankruptcy Rule 1007 with a recommendation that courts adopt the revised Interim Rule by local order. Amended Interim Rule 1007, and the revised Official Forms are hereby adopted and will be implemented in this U.S. Bankruptcy Court for the Eastern District of Missouri as outlined in this Order.

Means Testing/Current Income Calculations (paragraphs 2-5)

2. Median Family Income. In determining median family income for purposes of 11 U.S.C. § 707(b)(7) and item 14 on Form B22A in Chapter 7 cases, and item 16 on Form B22C in Chapter 13 cases, absent evidence to the contrary, the median family income shall be those amounts established by the United States Bureau of the Census and made available on the Bankruptcy Court's website as provided by the Office of the United States Trustee.

3. Monthly Expenses. Absent evidence to the contrary, the monthly expenses for use in determining the means test under 11 U.S.C. § 707(b)(2)(A) and on Forms B22A in Chapter 7 cases, and for determining disposable income on Form B22C in Chapter 13 cases, shall be those expenses established by the Internal Revenue Service and made available through a link on the Bankruptcy Court=s website to this information as provided by the Office of the United States Trustee. The multiplier for calculating the Chapter 13 administrative expense for item 45b on Form B22A, and item 50b on Form B22C, shall be the percentage on the date the case is filed and made available through a link on the Bankruptcy Court’s website to this information as provided by the Office of the United States Trustee.

4. Documentation Supporting Means Test. The debtor shall bring to the § 341 meeting of creditors documentation supporting expenses claimed on the Means Test and Disposable Income forms in Chapter 7 and 13 cases (Part V of the Means Test Form B22A in Chapter 7 cases, and Part IV of the Disposable Income Calculation Form B22C in Chapter 13 cases). On request of the U.S. Trustee or the trustee, the debtor shall timely provide to the requesting party the documentation supporting such expenses. Such documentation shall not be filed with the Court unless filing is necessary to comply with existing rules and procedures.

5. Deadline to File Means Test/Statement of Current Monthly Income Forms.

(a) Case Commencement. The Statement of Current Monthly Income referred to in Rule 1007(b)(4), (5), and (6) (the Means Test/Disposable Income Forms, Forms B22A, B & C) shall be filed with the petition and if not with the petition, within 15 days thereafter, using the appropriate Means Test or Statement of Current Monthly Income event. The Court will issue a 15-day deficiency notice and order if such statement is not filed with the petition. Failure to file these documents within 15 days of the filing of the petition shall lead to dismissal.

(b) Conversion. When an individual debtor seeks to convert a case filed on or after October 17, 2005 to a case under Chapter 7, 11 or 13, the debtor must attach the appropriate B22A, B, or C Form for the converted case to the debtor’s motion or notice to convert. If not attached to the motion or notice, the appropriate B22 Form must be filed simultaneously with the motion or notice to convert using the appropriate “Means Test or Statement of Current Monthly Income” event. Failure to promptly file the B22 Form for the converted case may result in denial of the motion to convert, or dismissal or reconversion of the case. The information provided on the B22 Form filed for the converted case shall reflect average monthly income for the six calendar months prior to the filing the original bankruptcy petition.

Debtor’s Duties and New Filing and Document Requirements under 11 U.S.C. § 521 (paragraphs 6-9)

6. Section 521(a)(1) Filing Requirements. The Act imposes various new filing requirements on debtors. The debtor shall not be required to file the documents specified in 11 U.S.C. § 521(a)(1)(B)(iv), (v), and (vi) and shall be deemed to have satisfied these § 521(a) filing requirements in the following manner:

(a) The requirement of 11 U.S.C. § 521(a)(1)(B)(iv) (copies of all payment advices or other evidence of payment received within 60 days before the date of the filing of the petition by the debtor from any employer of the debtor) is satisfied by providing to the trustee at least 14 calendar days before the first setting of the § 341 meeting (1) payment advice(s) or other evidence of payment, or (2) a verified statement that the debtor did not receive payments to which § 521(a)(1)(B)(iv) applies. Such requirement may be satisfied by providing less than “all payment advices or other evidence of payment received within 60 days before the date of the filing of the petition . . . ” (e.g. by providing a year-to-date statement that includes payments received within 60 days of the petition). In no event, shall these documents be provided later than 45 days after the date of the filing of the petition. Failure to timely provide this documentation may result in dismissal of the case.

(b) The requirement of 11 U.S.C. § 521(a)(1)(B)(v) (statement of the amount of monthly net income, itemized to show how the amount is calculated) is satisfied by including such information in Schedule I (Rev. 10/05).

(c) The requirement of 11 U.S.C. § 521(a)(1)(B)(vi) (a statement disclosing any reasonably anticipated increase in income or expenditures over the next 12-month period following the date of the filing of the petition) is satisfied by including such information in item 17 of Schedule I (Rev. 10/05) and item 19 of Schedule J (Rev. 10/05).

(d) If the § 341 meeting is not set within 45 days of the filing of the petition, the 45 day deadline for providing payment advices to the trustee still applies. If the trustee continues the § 341 meeting to receive these documents, such continuance shall not be deemed a request or consent to extend the deadline of §...