By Richard E. Weltman

On December 1, 2020, several amendments to the Federal Rules of Bankruptcy Procedure took effect. These amendments largely modify rules governing bankruptcy appeals, but also importantly impact Rules 2002 and 2004. Some court filing fees also increased slightly. 

Here are the rule changes:

Rule 2002, which governs notice to creditors and other parties, has been amended to (1) add cases under chapter 13 to the rule requiring notice of orders confirming plans; (2) distinguish between voluntary and involuntary cases in connection with notice to creditors with as-filed claims to conform with the proof of claim deadlines under Rule 3002(c); and (3) replace “pursuant” with “under” in several places, most likely to improve readability.

Rule 2004 has been modified to expressly include the production of “electronically stored information,” in addition to “documents.” The rule has also been amended to conform its subpoena provision with Rule 45 of the Federal Rules of Civil Procedure (which is made applicable to bankruptcy cases by Rule 9016). A Rule 2004 subpoena can now be issued from the district where the bankruptcy case is pending and by an attorney authorized to practice in that district even if the examination will occur in a different district.

Rule 8012, which deals with corporate disclosure statements in bankruptcy appeals, now conforms to recent changes to Rule 26.1 of the Federal Rules of Appellate Procedure. As amended, intervening nongovernmental corporations are covered by the rule, as are debtors, who must be separately identified whether or not included in the case caption. In addition, the Rule 8012 statement must incorporate any updated changes to the disclosures.

Rule 8013 was changed to delete the requirement that “proof of service” be included with all filings. This amendment reflects a recent change to Rule 8011(d) that removed the proof of service requirement when filing and service are completed electronically through ECF/CM.

Rule 8015 has been amended to reflect the changes to Rules 8011(d) and 8012. 

Rule 8021 has been amended to remove the reference to “proof of service” to reflect the change to Rule 8011(d).

Here are the most important fee changes:

• Fee for Chapter 7 Voluntary/Involuntary increased to $338.00.
• Fee for Chapter 9 and Chapter 11 Voluntary/Involuntary increased to $1,738.00.
• Fee for Chapter 12 increased to $278.00.
• Fee for Chapter 13 increased to $313.00.
• Fee for Chapter 15 increased to $1,738.00.
• Fee for case reopening Chapter 7 increased to $260.00.
• Fee to split/sever joint case in Chapter 7 increased to $338.00.
• Fee to split/sever joint case in Chapter 11 increased to $1,738.00.
• Fee to split/sever joint case in Chapter 12 increased to $278.00.
• Fee to split/sever joint case in Chapter 13 increased to $310.00.

Case Conversion fees effective December 1, 2020:

• Chapter 7 to Chapter 13: No Fee
• Chapter 7 to Chapter 11 $922.00
• Chapter 13 to Chapter 7 $25.00
• Chapter 13 to Chapter 11 $932.00
• Chapter 11 to Chapter 7 $15.00
• Chapter 9 to Chapter 7 $15.00
• Chapter 12 to Chapter 7 $60.00

Fee to amend Schedules D, E and F (Schedule of creditors) increased to $32.00. (No fee due if amendment merely changes address of creditor or attorney for creditor listed on schedules or to add name and address of attorney for listed creditor.)

Fee for motion to Terminate, Vacate, Annul, Modify or Condition Automatic Stay increased to $188.00.

• Fee for motion to Compel Abandonment of Property increased to $188.00.
• Fee for motion to Withdraw the Reference increased to $188.00.
• Fee for motion to Sell Property of Estate Free and Clear of Liens Under Section 363(f) increased to $188.00.
• Fee for motion to Appear Pro Hac Vice (due on filing) increased to $200.00.
• Fee for motion to Redact a Record (per affected case) increased to $26.00.

If you have concerns about these bankruptcy rule and fee changes, or have questions regarding out-of-court restructuring alternatives, bankruptcy relief, filing of proofs of claim, or creditor treatment in bankruptcy cases, feel free to reach out to Richard Weltman or Michael Moskowitz.

About Weltman & Moskowitz, LLP, A New York and New Jersey Business, Bankruptcy, and Creditors’ Rights Law Firm:

Founded in 1987, Weltman & Moskowitz, LLP is a highly regarded business law firm concentrating on creditors’ rights, bankruptcy, foreclosure, and business litigation. Richard E. Weltman, a partner with the firm, focuses his practice on business and bankruptcy litigation, as well as partner and shareholder disputes, creditors’ rights, foreclosure, adversary proceeding litigation, corporate counseling, M&A, and transactional matters. Richard may be reached at (212) 684-7800, (201)794-7500 or rew@weltmosk.com.