Consumer Bankruptcy Journal Summer 2016 | Page 41

NEW BANKRUPTCY RULE disclosure requirements. For example, paragraphs must be numbered and labeled in bold type, and the form must contain separate paragraphs for the cure and maintenance of home mortgages, payment of domestic support obligations, treatment of secured claims covered by the “hanging paragraph” of Section 1325(a), and surrender of property securing a claim. A Local Form must also begin with a paragraph calling attention to the fact that the plan contains a nonstandard provision, limits the amount of a secured claim based on valuation of the collateral, or avoids a lien. The last paragraph of a Local Form must include any nonstandard provisions, and must include a statement that nonstandard provisions placed elsewhere in the plan are void. The form must also require a certification by the debtor’s attorney or unrepresented debtor that there are no nonstandard provisions other than those placed in the final paragraph. Considering ‘Opt-Out Proposal.’ A proposed Chapter 13 plan form and proposed amendments to nine related rules were published for comment in August 2013 (25 BBLR 1142, 8/22/13), and then revisions were published in August 2014. At the fall 2015 meeting, the committee approved a national plan form (Official Form 113) and related amendments to rules, but it voted to defer submitting those items to the Standing Committee to allow further consideration of an “opt-out proposal.” To contact the reporter on this story: Diane Davis in Washington at ddavis@ bna.com Various groups, including the National Bankruptcy Conference, National Conference of Bankruptcy Judges, and the National Association of Consumer Bankruptcy Attorneys, expressed support for the opt-out proposal. Judge Marvin Isgur of the U.S. Bankruptcy Court for the Southern District of Texas circulated the opt-out proposal to the 144 bankruptcy judges who had submitted a letter in 2014 opposing a national plan form, and there was general acceptance of Rules 3015 and 3015.1 among the group. For More Information Full text at: http://www.uscourts.gov/ rules-policies/proposed-amendmentspublished-public-comment To contact the editor responsible for this story: Jay Horowitz at jhorowitz@ bna.com Reproduced with permission from  BNA’s Bankruptcy Law Reporter, 28 BBLR 853 (July 7, 2016).  Copyright 2016 by The Bureau of National Affairs, Inc. (800-372-1033) http://www.bna. com. The opt-out concept wasn’t included in the 2013 and 2014 publications of the rules. The committee wanted to republish the rules for the public to have a fair opportunity to express their comments on the opt-out proposal. The committee truncated the typical schedule for comment from six months to three months so that the form and rules could potentially have an effective date of Dec. 1, 2017. National Association of Consumer Bankruptcy Attorneys Summer 2016 CONSUMER BANKRUPTCY JOURNAL 41