Free Order Terminating Interim Bankruptcy Rules - District of Columbia


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The order below is hereby signed. Signed: December 09, 2008.

_____________________________ S. Martin Teel, Jr. United States Bankruptcy Judge UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF COLUMBIA ORDER DECREEING THAT, WITH THE EXCEPTION OF INTERIM RULE 5012, THE INTERIM BANKRUPTCY RULES, AS REVISED, SHALL CEASE AS OF DECEMBER 1, 2008, TO BE EFFECTIVE AS LOCAL BANKRUPTCY RULES OF THIS COURT On April 20, 2005, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("the Act") was enacted into law. Most provisions of the Act became effective on October 17, 2005. The general effective date of the Act did not provide sufficient time to promulgate rules after appropriate public notice and opportunity for comment. However, the Advisory Committee on

Bankruptcy Rules prepared Interim Rules, and later revisions thereto, designed to implement the substantive and procedural changes mandated by the Act. The Committee on Rules of Practice

and Procedure of the Judicial Conference of the United States approved those Interim Rules, as revised, and recommended the adoption of the Interim Rules, as revised, to provide uniform procedures for implementing the Act. In light of the foregoing, and pursuant to 28 U.S.C. ยง 2071, Rule 83 of the Federal Rules of Civil Procedure, Rule 9029 of the Federal Rules of Bankruptcy Procedure, and authorization granted

by the United States District Court for the District of Columbia, this court issued an Order pursuant to which the Interim Rules (as revised effective October 1, 2006) and any further revisions of the same approved by the Committee on Rules of Practice and Procedure of the Judicial Conference of the United States (hereinafter "the Interim Rules") were adopted in their entirety as Local Bankruptcy Rules to conform with the Act, and were to control in cases and proceedings to which the Act applies. But the Order directed that the Interim Rules were to remain in effect as Local Bankruptcy Rules only until the adoption of new Federal Rules of Bankruptcy Procedure intended to supplant the Interim Rules. With the exception of Interim Rule 5012,

amendments have been approved to the Federal Rules of Bankruptcy Procedure that are intended to supplant the Interim Rules, and which are to be effective on December 1, 2008. In light of the foregoing, it is ORDERED that, with the exception of Interim Rule 5012, effective as of December 1, 2008, the Interim Rules, which were adopted as Local Bankruptcy Rules of this Court, shall cease to be effective as Local Bankruptcy Rules of this Court. [Signed and dated above.]

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