Local Rule Administrative Order No. 12-02: Administrative Order – Adoption of Rule 1007-I

Administrative Order No. 12-02 (All Divisions)

ADMINISTRATIVE ORDER IT IS HEREBY ORDERED that, effective December 1, 2012, Administrative Order 12-01 shall be superseded and rescinded; and IT IS FURTHER ORDERED that Rule 1007-I, as amended effective December 1, 2012, shall remain in effect until further order of this Court.

PRIOR HISTORY: On October 20, 2008, the National Guard and Reservists Debt Relief Act of 2008, Pub. L. No. 110-438, (the "Act") was enacted into law. The provisions of the Act and Rule 1007-I were effective December 19, 2008. A copy of Rule 1007-I is attached to this Administrative Order. The Act provides a temporary exclusion from the bankruptcy means test for Reservists and members of the National Guard called for no less than ninety days to active duty or homeland defense activity following September 11, 2001. The amendment to section 707(b)(2)(D) of the Bankruptcy Code became effective on December 19, 2008, which was sixty days after enactment. The amendment applies only to cases commenced in the three-year period beginning on the effective date of the Act. Subsequently, on December 13, 2011, the National Guard and Reservist Debt Relief Extension Act of 2011, Pub. L. No. 112-64, (the "2011 Act") extended the temporary exclusion for four additional years. For cases and proceedings not governed by the Act or the 2011 Act, the Federal Rules of Bankruptcy Procedure and the Local Rules of this Court, other than Rule 1007-I, shall apply.

The Judicial Conference of the United States approved the new Rule 1007-I and the amendment to Official Form 22A, Statement of Current Monthly Income and Means Test Calculation and transmitted the same to the courts for adoption. Administrative Order 08-03 adopted Rule 1007-I effective December 19, 2008. Administrative Order 10-03 continued the adoption of Rule 1007-I effective July 1, 2010. Rule 1007-I was amended effective December 1, 2010, to extend the time to file the statement of completion of course in personal financial management in a chapter 7 case filed by an individual debtor from forty-five days after the first date set for the meeting of creditors to sixty days after the first date set for the meeting, and Administrative Order 10-07 adopted this amendment and made Administrative Order 10-03 moot. Administrative Order 12-01 addressed the 2011 Act and superseded and rescinded Administrative Order 10-07. Administrative Order 12-02 addresses a conforming amendment, effective December 1, 2012, which removed an inconsistency created by the 2010 amendment.

Dated this the 1st day of December 2012.

THOMAS B. BENNETT Chief United States Bankruptcy Judge TAMARA O. MITCHELL United States Bankruptcy Judge BENJAMIN COHEN United States Bankruptcy Judge JACK CADDELL United States Bankruptcy Judge C. MICHAEL STILSON United States Bankruptcy Judge JAMES J. ROBINSON United States Bankruptcy Judge