• New Bankruptcy Rules in the Eastern District of Kentucky
  • January 4, 2013 | Author: J. Erin McCabe
  • Law Firm: Weltman, Weinberg & Reis Co., L.P.A. - Cincinnati Office
  • An order was signed on December 4, 2012 promulgating new local bankruptcy rules in the Eastern District of Kentucky, effective January 1, 2013.  These changes affect both creditors and debtors alike. Highlights of the rule changes include:

    • Objection deadlines to Chapter 13 plans are now limited to seven (7) days past the first date set for the Meeting of the Creditors.

    • Any waiver of the 14-day stay after the granting of relief under FRBP 4001(a)(3) shall include an affidavit setting forth the basis for relief. Given the time and costs involved with obtaining an affidavit, it might not make sense to seek such a waiver of the 14-day stay in most cases.

    • If the deadline for objecting to a creditor's motion for relief expires prior to the Meeting of the Creditors, as originally noticed, then both the motion and the order tendered to the court must include the following language:

    The trustee will have 14 days from the conclusion of the Meeting of the Creditors to object to abandonment of the property of the estate that is subject of its motion. If no objection or motion for extension of time is filed prior to the expiration of this 14 day period, then the property will be deemed abandoned on the 15th day following the Meeting of the Creditors, subject to FRBP 9006(a)(1).

    These are just of few of the local rule changes going into effect in 2013.  Creditors must be diligent, especially in reviewing plans for objection deadlines.