Published on 31 Oct 2016 • USA (National/Federal) |
Bankruptcy Rule | Original Rule | Change to Rule |
Fed. R. Bankr. P 7008: General Rules of Pleading | Applying Federal Rule of Civil Procedure 8 to adversary proceedings, this rule requires that pleadings contain:
| Eliminates the requirement to state whether a proceeding is core or non-core. Instead, the pleader must state whether they consent to a final determination by the bankruptcy court. |
Fed. R. Bankr. P 7012(b): Defenses and Objections | Applying Federal Rule of Civil Procedure 12(b)(i) to adversary proceedings, this rule requires that a responsive pleading:
| Eliminates the requirement for the pleader to state whether the proceeding is core or non-core. |
Fed. R. Bankr. P 7016(b): Pretrial Procedures | Applying Federal Rule of Civil Procedure 16 in adversary proceedings, which governs general pretrial planning and scheduling issues. | Changes provide the bankruptcy court with three options on the consent or non-consent of parties:
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Fed. R. Bankr. P 9027(a)(1), (e)(3): Removal | Notice of removal: The notice of removal should contain a statement that:
Procedure after removal: Pleadings filed in connection with the removal (other than the party filing the initial notice) should contain a statement that:
For more information on removal, see Practice Note, Notice of Removal, Remand, and Abstention in Bankruptcy. | Changes eliminate the requirement to state whether the proceeding is core or non-core within the subject matter jurisdiction of the bankruptcy court. |
Fed. R. Bankr. P 9033(a): Proposed Findings of Fact and Conclusions of Law | In a non-core proceeding, the bankruptcy court is required to file proposed findings of fact and conclusions of law. | Changes make a bankruptcy court's proposed findings of fact and conclusions of law applicable to both core and non-core proceedings. |