IN RE ADOPTION OF INTERIM BANKRUPTCY RULES (Bankr.D.Alaska 2005)


In re: ADOPTION OF INTERIM BANKRUPTCY RULES.

Misc. Proceeding No. 05-60001, GENERAL ORDER NO. 2005-1.United States Bankruptcy Court, D. Alaska.
September 19, 2005

GENERAL ORDER NO. 2005-1
HERBERT ROSS, Recalled Bankruptcy Judge

ORDER ADOPTING INTERIM BANKRUPTCY RULES
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 of the Act are effective on October 17, 2005; and

Whereas, the Advisory Committee on Bankruptcy Rules has prepared Interim Rules designed to implement the substantive and procedural changed mandated by the Act; and

Whereas, the Committee on Rules of Practice and Procedure of the Judicial Conference of the United States has also approved these Interim Rules and recommends the adoption of the Interim Rules to provide uniform procedures for implementing the Act; and

Whereas, the general effective date of the Act has not provided sufficient time to promulgate rules after appropriate public notice and an opportunity for comment;

NOW, THEREFORE, 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 attached Interim Rules are adopted in their entirety without change to be effective October 17, 2005, to conform with the Act. For cases and proceedings not governed by the Act, the Federal Rules of Bankruptcy Procedure and the Alaska Local Bankruptcy Rules, other than the Interim Rules, shall apply. The Interim Rules shall remain in effect until further order of this court.

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