December 7, 2021

Dear constituency list members of the Insolvency Law Committee:

The following is an update written by John N. Tedford, IV, a partner at Danning, Gill, Israel & Krasnoff, LLP, highlighting December 1, 2021 Amendments to the Federal Rules of Bankruptcy Procedure and the Federal Rules of Appellate Procedure.

In April 2021, the Supreme Court submitted to Congress proposed revisions to the Federal Rules of Bankruptcy Procedure (“FRBP”) and the Federal Rules of Appellate Procedure (“FRAP”). Because Congress did not reject or defer the proposed amendments, the proposed revisions went into effect on December 1, 2021.

The entire package of materials transmitted to Congress may be accessed here.  Some of the proposed revisions are listed below.

• • • Amended FRBP 3007(a)(2)(A)(ii) – Service of Claim Objections on Insured Depository Institutions
    • Amended FRBP 9036 – Service by Electronic Transmission
    • Other Conforming Amendments to the FRBP
    • Amended FRAP 3(c)(1)(B) and New FRAP 3(c)(4) and (6) – Contents of the Notice of Appeal (Generally)
    • New FRAP 3(c)(5) – Contents of the Notice of Appeal (Summary Judgment Orders Resolving Remaining Claims, and Orders on Motions for Reconsideration)
    • Amended FRAP 3(c)(7) (formerly (c)(4)) – Notices of Appeal that Designate Only Interlocutory Orders

Here’s a link to the writeup on the CLA website:  click here.