United States Bankruptcy Court, M.D. Louisiana.
October 21, 2005
DOUGLAS DODD, Bankruptcy Judge
(1) The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (the Act) was enacted into law on April 20, 2005;
(2) Most provisions of the Act became effective on October 17, 2005;
(3) The Advisory Committee on Bankruptcy Rules drafted Interim Rules and Official Forms, subsequently amended, designed to implement the substantive and procedural changes mandated by the Act;
(4) The Committee on Rules and Procedure of the Judicial Conference of the United States approved these Interim Rules and Official Forms, as amended, on October 11, 2005, and recommended the adoption of the Interim Rules and Official Forms, as amended, to provide uniform procedures for implementing the Act.
(5) The general effective date of the Act does not provide sufficient time to promulgate rules after appropriate public notice and an opportunity for comment.
IT IS ORDERED that the Court adopts the Interim Rules and Official Forms, as amended, in their entirety without change, effective October 17, 2005, to conform with the Act, pursuant to 28 U.S.C. § 2071, Rule 83 of the Federal Rules of Civil Procedure and Rule 9029 of the Federal Rules of Bankruptcy Procedure. The Interim Rules and Official Forms, as amended, can be viewed at the following websites:
IT IS FURTHER ORDERED that the Federal Rules of Bankruptcy Procedure and the Local Rules of the United States Court for the Middle District of Louisiana, other than the Interim Rules, as amended, shall apply to cases and proceedings not governed by the Act.
IT IS FURTHER ORDRED that the Interim Rules shall remain in effect until final rules are promulgated and effective under the regular Rules Enabling Act process or further order of the Court.