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In This Issue

Inner Workings ...........................1

1st Circuit U.S. BankruptcyAppellate Panel Relocation ........2

Final Loss Mitigation Statistics ...3

Practice Tip from Chambers .......3

Anniversary of Free BankruptcyLegal Cliinic ................................4

Tips and Tricks ...........................5

Proposed Amendments toFederal Bankruptcy Rules ..........7

Recent Court Decisions ..............7

Chart of Proposed FederalRule Amendments ......................8

New Local Rule Book ...............11

Chart of R.I. Local Ruleand Form Amendments ............12

Revised Chapter 13 Plan ..........16

Electronic Case FilingEvent Changes .........................17

Case Filing Statistics ................17

On the DocketUnited States Bankruptcy Court, District of Rhode Island

Volume 18 Issue 2 November 2017

Happy fall and welcome to another edition of our court newsletter, On the Docket. With December 1 fast approaching, we are devoting this issue to the numerous federal and local rule and form changes about to take place, and it is filled with important technical information to help you prepare.

Importantly, the Court’s Chapter 13 Plan form is revised to incorporate the requirements of new FRBP 3015.1. Fortunately, although one of the biggest changes in most districts will be the ability to include various related motions within the plan document; this feature is not new in Rhode Island but has been part of our Chapter 13 practice for many years. What is changing is the document format and structure including the use of the same form for either an original or amended plan. We have also created the form in a new PDF collapsible/expandable format to help save space and noticing costs. You will find a copy of this new format on our website under Forms>Local Bankruptcy Forms>3015-1.1(New).

In addition, we have prepared a training document for the Bar which highlights the major changes in rules, forms and events which can be found on our website under Information For Attorneys>Attorney Resources>Training Resource. For more in depth discussion of the Chapter 13 plan changes, as well as the procedural changes related to the December 1 amendments, I encourage you to read the Operations Supervisor’s articles on pages 12 and 16.

Amazingly, it is nearly one year since we launched our free Bankruptcy Legal Clinic and we are extremely pleased with the enthusiastic support we have received from our volunteer attorneys who have assisted over 25 pro se filers. Kudos to these bankruptcy attorneys for their generous commitment of time and expertise in assisting persons served by the program this year – the detailed list of names is provided on page 4. In addition, an in depth update on clinic activity and outcomes is also included. As a reminder, comprehensive clinic

Inner Workingsby Susan Thurston, Clerk of Court

in Newport. Previous to this, Nora served as the Director and Military Magistrate Judge at the Marine Corps Law Center, as well as a Deputy Legal Counsel at the Marine Corps Base, in Kaneohe Bay, Hawaii, and as a Special Assistant United States Attorney trying criminal cases in the military justice system, and presided over administrative hearings. Nora has very quickly involved herself in district court operations, as well as getting to know members of the Bar at recent court events and conferences.

The second new appointment is that of John Marshall, who was promoted to the district’s Chief Probation Officer on October 1, 2017.

Inner Workings (continued from Page 1)by Susan Thurston, Clerk of Court

information and an appointment scheduler are available on our Clinic webpage. I strongly encourage the sharing of this information, including our Clinic brochure with those who could benefit from its use.

Finally, in case you missed the news, the Rhode Island federal judiciary recently welcomed two new court administrators to the district. On May 29th, Hanorah Tyer-Witek (Nora) assumed her new position as the clerk of the U.S. District Court in Rhode Island, after having served as a Lieutenant Colonel in the United States Marine Corps for the last twenty years, and most recently as the Executive Officer at the Naval Justice School

John was formerly the office’s Deputy Chief Probation Officer, having served in that role since 2014. Prior to coming to Rhode Island, John also worked for the U.S. Probation Offices in Colorado and Massachusetts and has been involved in numerous local and national initiatives which allowed him to gain extensive experience in the areas of court administration and leadership. Please join me in congratulating Nora and John on their recent appointments, and the next time your court business takes you to the federal District Court, please make an effort to introduce yourself and welcome each of them.

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UNITED STATES BANKRUPTCY APPELLATE PANEL FOR THE FIRST CIRCUIT TO RELOCATE TO THE JOHN JOSEPH MOAKLEY UNITED

STATES COURTHOUSE IN NOVEMBER 2017

Chief Judge Joan N. Feeney of the United States Bankruptcy Appellate Panel (BAP) for the First Circuit announced that, effective Monday, November 20, 2017, at 8:30 a.m., the BAP relocated to the John Joseph Moakley United States Courthouse in Boston. Represented parties may continue to file documents electronically through CM/ECF without interruption. Beginning November 20, 2017, unrepresented parties may file documents by mail at the address below or in person at the Clerk’s Office for the United States Court of Appeals for the First Circuit.

All telephone numbers and email addresses for the BAP and its staff will remain the same. Effective November 20, 2017, the mailing address for the BAP will be:

John Joseph Moakley U.S. Courthouse 1 Courthouse Way Suite 3-620 Boston, MA 02210

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Motions to Extend Time and Required Response Time Language:

R.I. LBR 1005-1(d)(2)(J) provides that the response time language required by R.I. LBR 1005-1(d)(1) should not be used for motions “to [e]xtend [t]ime for filing schedules, statements, reports, responses, and replies.” In those instances, the response time (if any) is “left to the discretion of the Court.” See R.I. LBR 1005-1(d)(2)(J).

This rule also specifically provides that: “For the following types of motions to extend time, the required response language contained in R.I. LBR 1005-1(d)(1) for usual papers should be used: (1) a motion to extend or delay entry of discharge filed by the debtor; (2) a motion requesting an extension of time to file an objection to discharge under §§ 523 or 727; (3) a motion to extend time to object to exemptions under Fed. R. Bankr. P. 4003(b); or (4) a motion to extend time to respond to Notice of Final Cure.” (emphasis added).

This list, however, is not exhaustive. Any motion to extend time that does not pertain to filing “schedules, statements, reports, responses, and replies” should contain the response time language required by R.I. LBR 1005-1(d)(1). When filing a motion to extend time, please consider whether it must contain the response time language required by R.I. LBR 1005-1(d)(1) in order to not have your document rejected for inaccurate noticing.

Chambers Staff Practice Tipby Natalie Medved and Jon Pincince, Law Clerks

Updated Final Statistics on Court's Loss Mitigation Program

by Janet Descoteaux, Public Information Specialist

The Court began its loss mitigation program in November 2009, and thus eight years has now elapsed for the program in the district of Rhode Island. For the first six years, detailed statistics were collected on the outcome of these proceedings and updated reports are now available on the Court’s loss mitigation section of its website. All loss mitigation requests filed between November 1, 2009 and October 31, 2015 have been completed and the statistics recorded. During this six year period, a total of 2,253 requests for loss mitigation were made, and of these, 1,367 actions (61% of all requests) were either denied, withdrawn, vacated, terminated or the case was dismissed, without a loan modification being entered into. Of the remaining 886 requests (39%), these debtor cases entered into a successful loan modification of their mortgages with their lender(s), including a small percentage (slightly over 3%) revealing a reduction in principal in excess of $50,000. We are pleased to highlight as well that all loss mitigation requests made through October 31, 2015 have successfully concluded and are no longer pending.

Due to the relative consistency of the data measures over the course of this six year period, especially in terms of the percentage of successful versus unsuccessful loan modifications, commencing in November 2015, the Court stopped tracking these requests and their outcomes, and therefore the reports posted on the Court’s loss mitigation statistics page are now considered complete.

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In January 2018, the Court’s free bankruptcy legal clinic (“the Clinic”) will celebrate its one year anniversary, and we wanted to share the meaningful news of its success. Due to the high percentage of pro se bankruptcy filings in Rhode Island, particularly in Chapter 13 cases, the Clinic was formed as a partnership between the U.S. Bankruptcy Court and volunteer members of the Rhode Island bankruptcy legal community to provide free bankruptcy consultations to persons either considering filing, or who have recently filed bankruptcy in our district. The Clinic provides individuals with an opportunity to meet, one-on-one, with a volunteer bankruptcy attorney for a free half-hour bankruptcy discussion. Volunteer attorneys provide limited legal advice by answering questions about bankruptcy and required paperwork, as well as how bankruptcy may be used to help prevent foreclosure. The U.S. Bankruptcy Court is extremely grateful to all of the volunteer bankruptcy attorneys who have supported the Clinic this year through their generous donation of time and expertise at a clinic session. Please join the Court in applauding the following bar members for their distinguished service to this important public-spirited effort, and most especially to the five supporters who have volunteered at multiple clinic sessions:

Lisa Geremia (4) Jacqueline GrassoJanet Goldman (4) David HathawayPeter Iascone (3) Felicia Manni-PaquetteCharles Pisaturo (3) Jack PittsGreg Sorbello (2) Tom QuinnJohn Boyajian John SimonianEdward Gomes

So how did the Clinic do? Over the past ten months, the Clinic has conducted 24 separate sessions and helped 24 individuals (while 37 appointments were booked over this time period, several cancellations/no shows occurred). Of those served, eleven individuals filed bankruptcy prior to visiting the Clinic (four under

Chapter 7 and seven under Chapter 13). Data on the outcomes of these sessions include (1) two cases that have now received a chapter 7 discharge; (2) one chapter 13 converted to chapter 7; (3) at least one debtor took clinic advice and filed a request to participate in the Court’s loss mitigation program; (4) at least one debtor later retained an attorney; and (5) six cases have since been dismissed.

With respect to the thirteen individuals who had not previously filed bankruptcy before visiting the Clinic: (1) two were advised to consider filing Chapter 13, which they did after the clinic (1 received a discharge and 1 is still pending); (2) eight were advised to consider Chapter 7 (three filed a chapter 7 after the clinic and all of them have since been discharged); (3) two were advised not to file bankruptcy; and (4) one is unknown (seen during pilot stage before data collection).

We believe these results demonstrate the exceptional value that the Clinic provides to the large number of pro se individuals that either have filed or are considering filing bankruptcy in Rhode Island. Based on past experience, most, if not all of the cases served by the Clinic, would have likely been dismissed for failure to file documents or complete the administration of the case. That is the sad outcome of nearly all pro se bankruptcy cases. In 2017 to date, the Court has received 198 pro se bankruptcy petitions (85 in Chapter 7 and 113 in Chapter 13). Thus, the work of the Clinic is vital to helping unrepresented individuals avoid unnecessary dismissal and hopefully, realize the value of adequate legal representation to achieve their financial goals, particularly in Chapter 13 cases.

Currently, the Clinic has volunteers scheduled through April 18, 2018. In January, we will begin the 2018 signup period for new clinic volunteers using the online registration program on the clinic webpage (SignUp Genius is located at bottom right of page), and electronic invitations will be sent out to our attorney group for 2018 enrollment, with detailed instructions on how to register. In the meantime, if you have any questions concerning the Clinic, please do not hesitate to contact Program Coordinator Janet Descoteaux at (401) 626-3111, or by email at Janet_Descoteaux@rib.uscourts.gov.

The R.I. Free Bankruptcy Legal Clinic Will Celebrate its One Year Anniversary in January

by Janet Descoteaux, Public Information Specialist

1. The Court’s public website contains many valuable resources and information for both attorneys and pro sefilers. One of the numerous high-quality tools available to attorneys and their support staff is the Electronic Filing User Manual, affectionately called “the EFUM”. The EFUM can be found by clicking the Information menu (located across the top red horizontal bar) and navigating to For Attorneys>Attorney Resources>Quick Links. This handy manual not only gives step by step instructions on how to file certain documents with the Court, but it also includes links to many other valuable resources as well as references and links to related local bankruptcy rules and forms. We strongly encourage attorneys and their staff to use the EFUM to make filing documents with the Court a much easier and more successful experience.

2. When filing a motion to continue hearing, be sure to use the “Continue Hearing” ECF event (see screen shotbelow under motions/applications). Once in the ECF system, you must link the motion to continue hearing to the underlying moving document scheduled for hearing (ie motion, application, objection to claim, etc.), and not to the hearing event itself.

3. When filing documents with multiple parties, be sure to select all the parties that relate to that document. Thiswill ensure accuracy not only for parties involved, but also on the docket text.

4. We know that attendance at court hearings can be stressful at times, and sometimes we forget our manners;nonetheless when appearing before the Court, please remember to adhere to the protocols set forth in LBR 5072-1 covering courtroom decorum. Standard courtroom etiquette also includes standing whenever you address the Court and to always state your name for the record. Since bankruptcy proceedings are recorded using digital sound recording equipment, you must be heard to be on record and you should also be aware of microphone placement throughout the courtroom, which is very sensitive. In order to avoid multiple simultaneous discussions and to maintain the integrity of the official record, we ask that court participants refrain from speaking until they are at a microphone within range of our recording equipment. Finally, if you need to consult with your client or another attorney, it is wise to move away from the microphones at the podium or counsel tables to ensure your conversation is not inadvertently recorded.

5. The Federal Court’s privacy protection policy, adopted in this district in LBR 9037-1, is an important protectionto keep in mind whenever filing documents and/or sensitive information with the Court. Pursuant to LBR 9037-1, parties shall refrain from including, or shall partially redact where inclusion is necessary, personal data identifiers (such as social security numbers, minor name or birthdate, financial account numbers) from all documents filed with the Court, including exhibits thereto, whether filed electronically or in paper, unless otherwise ordered by the

Tips and Tricksby Dina Fortes, Case Manager

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Court. Also keep in mind that the responsibility for redacting personal identifiers enumerated in Fed. R. Bank. P. 9037(a) rests solely with counsel and the parties. As of December 1, 2017, amended LBR 9037-1 includes specific procedures for redacting personal identifiers from documents filed with the Court. In order to implement these changes, the Clerk’s office will follow the below action plan for addressing redaction errors discovered during daily quality control. All filings must be redacted to include only:

• the last four digits of the social security number and/or taxpayer identification number;• the year of the individual’s birth• the minor’s initials• the last four digits of the financial account number

Action1 The attorney will be notified by phone and advised that they have until 3:00 p.m. the

following day to file a redacted version of the document with the Clerk’s office (via the helpdesk email address).

2 The case manager will docket a Notice to Redact event which will include the one (1) day deadline and the attorney will receive this notice electronically.

3 If the filer does not comply by the specified deadline, an Order to Show Cause Hearing why the attorney should not be sanctioned for failure to file a redacted document in accordance with LBR 9037-1 will issue.

Alternatively, counsel may file a motion to redact as soon as the error is detected, and shall proceed as outlined in amended LBR 9037-1(2)(A) or (B), as appropriate. The motion to redact event must be used for this purpose and the filer must also associate a redacted version of the document as a separate attachment. A $25 redaction fee is assessed, and the motion must also include the usual objection period in LBR 1005-1(d). Upon filing of the motion to redact, the Clerk’s office will immediately restrict access to the original version of the document from public view, and upon entry of an order granting the motion, the redacted version will attach to the document event. However, please keep in mind that the motion to redact event should NOT be used for redacting transcripts – for those, please see LBR 9037-1(b).

Here is a short digest of some noteworthy decisions of the Court. As always, the Court’s opinions and many notable orders are available on the Court’s website.

In re Roberts, BK No. 16-10682 (Chapter 7) (May 10, 2017): The Court denied a motion to reconsider its order granting the chapter 7 trustee’s motion to compel production of documents, because under the standards of Federal Rule of Civil Procedure 59(e), the movant failed to establish manifest error of law or injustice or present newly discovered evidence, as the movant’s presented grounds -- the non-appearance of his counsel due to clerical error -- did not qualify for such extraordinary relief, and the movant did not meet his burden to properly invoke the Fifth Amendment privilege. Cook v. Hector, AP No. 16-01004 (In re Hector, BK No. 16-10026) (Chapter 7) (September 21, 2017): In an adversary proceeding in which the plaintiff, a former lessee of the debtor’s residence, sought to deny the debtor a discharge of his debt pursuant to 11 U.S.C. § 523(a)(2)(B), the Court determined that the debt was dischargeable because the plaintiff failed to prove by a preponderance of the evidence that the debtor made materially false statements on the rental application or submitted the rental application with the intent to deceive the plaintiff.

Recent Court Decisionsby Natalie Medved and Jon Pincince, Law Clerks

Proposed Amendments to theFederal Bankruptcy RulesPublished for Public Comment

Comments Due by 2/15/18 In 2017, the Judicial Conference Committee on Rules of Practice and Procedure approved publication of proposed amendments to the following bankruptcy rules and forms:

• Bankruptcy Rules 2002, 4001, 6007, 9036, 9037, and Official Form 410

The comment period opened in August 2017, and closes on February 15, 2018.

Read the text of the proposed amendments and supporting materials at the attached links:

Preliminary Draft of Proposed Amendments to the Federal Rules of Appellate, Bankruptcy, and Criminal Procedure, the Federal Rules of Evidence, the Rules Governing Section 2254 Cases in the United States District Courts, and the Rules Governing Section 2255 Proceedings for the United States District Courts (pdf)

Submit or Review Comments on the Proposed Amendments to Bankruptcy Rules 2002, 4001, 6007, 9036, 9037, and Official Form 410.

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CHART OF DECEMBER 1, 2017 FEDERAL RULE AMENDMENTS by Amy Geraghty, Operations Supervisor

Proposed Federal RuleAmendments

Summary of Federal BankruptcyRule Amendments

Effective December 1, 2017

Rule 1001 Scope of Rules and Form; Short Title (amended)

The last sentence of the rule was amended to add the requirement that cases be administered without undue cost or delay and that officers of the court and parties share in such responsibility.

Rule 1006(b) Payment of Filing Fee in Installments (amended)

Subdivision (b)(1) was amended to require that a voluntary petition by an individual shall be accepted for filing regardless of whether any portion of the filing fee is paid.

Rule 1015(b) Consolidation or Joint Administration of Cases Pending in Same Court (amended)

The terms “husband and wife” were replaced with the term “spouses”.

Rule 2002 Notices to Creditors, Equity Security Holders, Administrators in Foreign Proceedings, Persons Against Whom Provisional Relief is Sought in Ancillary and Other Cross-Border Case, United States and United States Trustee (amended)

Subdivision (a)(9) was added to require at least 21 days’ notice of the time for filing objections to confirmation of a chapter 13 plan.

Subdivision (b)(3) added a separate requirement of 28 days’ notice of the date of the chapter 13 confirmation hearing

Rule 3002 Filing Proof of Claim or Interest (amended)

Subdivision (a) was amended to make it clear that a secured creditor must file a proof of claim to have an allowed claim and to clarify that failure to file a proof of claim does not void a secured creditor’s lien.

Subdivision (c) was amended to shorten the time within which a creditor must file a proof of claim in a chapter 7, 12, or 13 case to 70 days after the order for relief (typically, the date of the filing of the petition), or 70 days from the date of the order of conversion to chapter 12 or 13. The proof of claim bar date in an involuntary chapter 7 is 90 days from the date the order of relief enters.

Subsection (c)(6) was amended to allow a creditor to file a motion to extend time to file the proof of claim (before or after the deadline expires), which the court may extend by not more than 60 days from the date the order granting is entered if the court finds that:

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(A) the notice was insufficient because the debtor failed to timely file the list of creditors; or

(B) the notice was insufficient because it was mailed to a foreign address.

Subsection (c)(7) provides an additional 50 days (after the original 70 days to file the proof of claim and attachments required by 3001(c)(2)(C)), for holders of a claim secured by a security interest in the debtor’s principal residence, to file as a supplement any attachments required by Rule 3001(c)(1) and (d).

See amended R.I. Local Rule 3002-1, and NEW local form 3002-1.1 “Certification of Supplemental Proof of Claim Documents”, created to implement the amendment to subdivision (c)(7).

Rule 3007 Objections to Claims (amended)

The rule is amended to require notice of an objection to claim that substantially conforms to the Official Form be served on the claimant at least 30 days before any hearing thereon.

Subdivision (a)(2)(A) further specifies the manner of service on the claimant:

• By first class mail to the person listed on the claim under “notices” at the address so indicated;

• In the manner provided for under FRBP 7004(b)(4) or (5) if the claimant is the United States, or any of its officers or agencies; or

• In the manner provided under FRBP 7004(h) if the claimant is an insured depository institution.

Service must also be made by first class mail or other permitted means on the debtor, DIP, trustee and if applicable, the entity filing the POC under FRBP 3005.

Rule 3012 Determining the Amount of Secured and Priority Claims (amended)

Subdivision (a) is amended to allow that a party in interest may seek a determination of the amount of a secured claim under § 506(a), and the amount of a claim entitled to a priority under § 507.

New subdivision (b) provides that a request to determine the amount of a secured claim may be made by motion, in a claim objection or in a chapter 12 or chapter 13 plan and further provides for the manner of service if requested in the plan.

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New subdivision (c) is amended to state that a request to determine the amount of a secured claim of governmental units may be made by motion or claim objection, after the governmental unit has filed a proof of claim, or the deadline for filing a proof of claim has passed.

Rule 3015 Filing, Objection to Confirmation, Effect of Confirmation, and Modification of a Plan in a Chapter 12 or a Chapter 13 (amended)

Amendments to subdivisions (a) and (b) are stylistic.

Subdivision (c) is amended to require the use of the new Official Chapter 13 Plan Form unless a Local Form has been adopted in compliance with Rule 3015.1. The subdivision further provides for the placement and identification of nonstandard provisions.

Subdivision (d) is amended to require service of the plan on the trustee and creditors when it is filed with the court, or with the notice of hearing on confirmation mailed under Rule 2002.

Subdivision (e) is stylistic.

Subdivision (f) is amended to provide that an objection to confir-mation be filed and served at least seven days before the confirma-tion hearing date unless the court orders otherwise.

New subdivision (g) adds the determination of secured claims may be made in the plan, other than governmental claims, under Fed. R. Bankr. P. 3012, and grants termination of certain stays upon confirmation.

Subdivision (h) was formerly subdivision (g) and is amended to remove the requirement that the filer provide copies of the pro-posed modification or summary to the clerk.

Rule 3015.1 Requirements for a Local Form for Plans Filed in a Chapter 13 Case (new)

This new rule lays out all of the features required in a Local Chapter 13 Plan for the district to be allowed to use the Local Plan Form in lieu of the Official Form.

See R.I. Local Rule 3015-1, and NEW Local Form 3015-1.1 amended to comply with Rules 3015(c) and 3015.1.

Rule 4003 Exemptions (amended) Subdivision (d) is amended to provide that a request under 522(f) can be accomplished by motion or by a chapter 12 or 13 plan. Service of the plan must be in the manner provided by Rule 7004 for service of a summons and complaint.

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Rule 5009 Closing Chapter 7, Chapter 12, Chapter 13, and Chapter 15 (amended)

Subdivision (a) is a stylistic amendment.

New subdivision (d) was added to allow a chapter 12 or chapter 13 debtor to request, by motion, an order declaring a secured claim satisfied and a lien released under the terms of the confirmed plan. Service shall be made on the claimant in the manner provided by Rule 7004 for service of a summons and complaint.

Rule 7001 Scope of Rules of Part VII (amended)

Subdivision (2) is amended to clarify that determination of the amount of a secured claim under Rule 3012 does not require an adversary proceeding.

Rule 9009 Forms (amended) Subdivision (a) was amended to define permissible modifications to the Official Forms.

Amendments to subdivisions (b) and (c) are stylistic.

COMING SOON!!!

New 2018 Local Rule and Form Book

In December, the 2018 Edition of the R.I. Bankruptcy Local Rule and Form book will be available for purchase, which edition will include all prior amendments since last published in 2016, as well as the upcoming December 1, 2017 changes.

Once released, local rule books can be conveniently ordered either through our website or by visiting or calling the Clerk’s office. The cost of the 2018 book will be $14.50.

All online, fax, or phone orders require a Federal Express account number to cover shipping costs.

STAY POSTED FOR RELEASE DATE!!!

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CHART OF DECEMBER 1, 2017 LOCAL RULE AMENDMENTS by Amy Geraghty, Operations Supervisor

Proposed Local Rule andForm Amendments

Summary of Local BankruptcyRule and Form AmendmentsEffective December 1, 2017

Rule 1005 Filing Papers – Requirements (amended)

Subdivision (d)(2)(J) is amended to require use of the standard response language on any motion to extend time to file a proof of claim or objection to claim.

Subdivision (d)(2)(N) is amended to require use of the standard response language on any motion to file out of time a proof of claim or an objection to claim.

Rule 3002-1 Filing Proof of Claim or Interest (amended)

Local Rule 3002-1 has been amended to add a new subdivison (d), entitled “Creditor’s Supplement to Previously Filed Proof of Claim” to set forth the procedures in Rhode Island for timely filing any Supplement allowed under FRBP 3002(c)(7) (120 days after order for relief), and also requires the filing of new Local Form 3002-1.1, entitled: “Certification of Supplemental Proof of Claim Documents”.

Rules 3011 Unclaimed Funds (amended)

Subdivision (a) was amended to reflect the Court’s procedure to deposit all unclaimed funds into the Treasury regardless of the amount.

The amendment to subdivision (b)(2)(A) renames the form: “Application for Payment of Unclaimed Funds”.

Subdivision (b)(2)(B) directs filers to the Clerk’s Office’s Instructions for Filing an Application for Payment of Unclaimed Funds which can be found on the Court’s website at www.rib.uscourts.gov/unclaimed-funds-search

Subdivision (b)(2)(C) is new and requires that filers provide the social security or tax identification number of the claimant using Form AO 213, Vendor Information/TIN Certification.

Old subdivision (b)(2)(C) is re-lettered (b)(2)(D).

Amendments to subdivision (b)(3) are conforming.

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Rule 3015-1 Chapter 13 Plan (amended) Subdivision (a) is amended to reflect that effective December 1, 2017, Local Form 3015-1.1 must be used to file an initial and amended chapter 13 plan.

Rule 3015-2 Chapter 13 Plans - Amendments to Plans (amended)

Subdivision (a) is amended to reflect that effective December 1, 2017, Local Form 3015-1.1 must be used to file an amended chapter 13 plan by selecting the “amended” checkbox and filling out the box at the top right of the plan. All other sections of the plan that remain unchanged must also be filled in.

Subdivision (b)(1)(A)(i) contains a conforming amendment.

Subdivision (b)(1)(B)(i) is amended to remove the requirement to file an amended plan on old form 3015-2.1.

Subdivision (b)(2) is a conforming amendment.

Rule 4001-1 Relief From Automatic Stay (amended)

In all cases where a Joint Pretrial Statement is required for an evidentiary hearing, R.I. Local Form 9014-1.1 shall be used and replaces all previous similar forms named 4001-1.2, 7016-1.1 and 9070-1.1, which are all abolished. Amendments to subdivision (i)(1) reflect this change.

Rule 5001-2 Clerk’s Office (amended) Subdivision (c) is new and outlines the procedure for non-electronic filers to file documents by email in those rare instances when the Court may be closed on an otherwise normal business day.

Rule 7016-1 Pretrial Procedure; Formulating Issues (amended)

In all cases where a Joint Pretrial Statement is required for an evidentiary hearing, R.I. Local Form 9014-1.1 shall be used and replaces all previous similar forms named 4001-1.2, 7016-1.1 and 9070-1.1, which are all abolished. The amendment to subdivision (b) reflects this change.

Rule 9037-1 Privacy Protection (amended)

Subdivision (a)(2) is amended to reflect the Court’s procedure for restricting public access to documents containing personal identifiers immediately upon quality review. Thereafter, the Clerk’s office will notify the filer to file a motion to redact.

Subdivision (2)(A) is new and requires the filing of a motion to redact that identifies the document or claim number, the applicable filing fee and an attachment containing the redacted document to be substituted for the original filing.

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Subdivision (2)(B) is new and allows for the filing of an omnibus motion for filing large scale (over 10) redaction requests. The applicable filing fee and an attachment containing a list of the case numbers, names and document numbers to be redacted must accompany the motion. The filer will be given a deadline to file the redacted documents upon entry of an order granting the motion.

Subdivision (2)(C) is new and provides for the Clerk to restrict access to the original document immediately upon the filing of the motion.

Subdivision (2)(D) is new and requires the filing of a certificate of service indicating service of the motion to redact on the Debtor(s), Attorney for the Debtor(s), the United States Trustee and anyone whose personal information was disclosed.

Rule 9070-1 Exhibits (amended) In all cases where a Joint Pretrial Statement is required for an evidentiary hearing, R.I. Local Form 9014-1.1 shall be used and replaces all previous similar forms named 4001-1.2, 7016-1.1 and 9070-1.1, which are all abolished. The amendment to subdivision (b) reflects this change.

Amendments to Local FormsEffective December 1, 2017

LF 1009-1.1 Notice to Added Creditors of Pending Bankruptcy and Applicable Case Deadlines and Certificate of Service

This form has been amended to comply with the upcomingDecember 1, 2017 Amendment to Federal Bankruptcy Rule 3002.

LF 3002-1.1 Certification of Supple-mental Proof of Claims Documents (new)

New – See Amendment to Local Rule 3002-1 in rules summary chart.

LF 3011-1.1 Application for Payment of Unclaimed Funds (amended)

This form has been revised and updated and now encompasses the information required for both individual and business filers to apply for unclaimed funds.

LF 3011-1.2 Identification Form for Unclaimed Dividends, Individual (abolished)

This form has been abolished. Individual filers must use amended Local Form 3011-1.1 Application for Payment of Unclaimed Funds.

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LF 3011-1.3 Identification Form for Unclaimed Dividends, Business (abolished)

This form has been abolished. Business filers must use amended Local Form 3011-1.1 Application for Payment of Unclaimed Funds.

LF 3015-1.1 Chapter 13 Plan (amended) R.I. Local Form 3015-1.1 is amended to comply with the amendments to Federal Rules 3015-1 and 3015.1. The plan continues to include embedded motions for requesting: valuation of security, payment of fully secured claims, and modification of undersecured claims; lien avoidance; that the stay under 11 U.S.C. 362(a) be terminated as to collateral surrendered in the plan; and for assumption of executory contract and/or unexpired leases. In addition, the plan has been modified for use when filing an amended plan.

LF 3015-2.1 Amended Chapter 13 Plan (abolished)

This local plan form is abolished. Local Rule 3015-1 has been amended to require that Local Form 3015-1.1 be used for filing the original and amended plan.

LF 3015-3.1 Order Confirming Chapter 13 Plan (amended)

The confirmation order is amended at Section 2, which is now titled: “Treatment of Secured Claims”, and allows for more detailed information regarding the treatment of liens and mortgages against the Debtor(s) real property.

Sections (3) and (4) are amended to include the applicable sections of the bankruptcy code.

Section 8 is amended to refer to new LF 3015-1.1, Part 7 for information on when property vests in the debtor.

Sections 7 and 11 contain stylistic changes.

LF 4001-1.2; 7016-1.1 and 9070-1.1 Joint Pretrial Statement (abolished)

Local Rules 4001-1, 7016-1and 9070-1 have been abolished and the local rules now require the use of Local Form 9014-1.1 for all Joint Pretrial Statements specified in the rules.

Appendix VII -- Ninth Amended Loss Mitigation Program and Procedures (amended)

Sections V(A)(1) and VII(B)(1) of the Loss Mitigation Program were amended to delete any reference to a loss mitigation request being made within the Chapter 13 Plan.

The option to request participation in loss mitigation through the chapter 13 plan no longer exists in amended Local Form 3015-1.1, and now any request for loss mitigation may only be made by filing Form A, Loss Mitigation Notice Request by Debtor, in the bankruptcy case.

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Revised Chapter 13 Plan -- R.I. Local Form 3015-1by Amy Geraghty, Operations Supervisor

Federal Rule 3015(c) is being amended to require the use of a new Official Chapter 13 Plan form (113), unless a local form is adopted in a district consistent with new Federal Rule 3015.1. In Rhode Island, the Court with the advice of its Attorney Advisory Committee chose to amend our current local chapter 13 plan form(s), consistent with new Rule 3015.1, and thus RI Local Form 3015.1 will now serve as the plan form for both original and amended Chapter 13 Plans as of December 1, 2017.

The national purpose for an official Chapter 13 plan was, in part, to bring about uniformity in the Chapter 13 practice across districts, and hopefully to make the filing and review of the plans easier for debtor and creditor attorneys alike. One of the main changes that the national form adopted is the practice of allowing embedded motions within the plan document itself, rather than having to be done piecemeal. This practice has long been available in Rhode Island and therefore, the changes to our local plan are primarily cosmetic and stylistic. The following types of motions will continue to be available for inclusion in our LF 3015-1;

• request for valuation of security, payment of fully secured claims, and modification of undersecured claims;

• request for lien avoidance;

• request that, upon confirmation, the stay under 11 U.S.C. 362(a) be terminated as to collateral surrendered in the plan; and

• request for assumption of executory contract and/or unexpired leases.

Notable changes to our amended Chapter 13 Plan form include:

• Caption to Indicate Type of Plan -- the revised form is to be used for both original and amended Chapter 13 Plans, and when the Amended box is selected on page one, a new box appears at the top right corner where additional details of the plan amendments must be provided.

• Part 1 Notices -- this section contains check boxes for the debtor to specify up front whether the plan contains an embedded motion or nonstandard provision, and warns that failure to check the appropriate box voids that provision if included later in the plan.

• Part 3(A) Cure of Default and Maintenance of Payments -- provides for curing any default and maintaining payments on a claim secured by the debtor’s principal residence.

• Part 3(B)(2) Secured Claims Excluded from 11 U.S.C.§ 506 -- the plan separates claims under the “hanging” paragraph of Section 1325(a)(5).

• Part 3(C) Surrender of Collateral -- includes as part of the surrender election that the stay under § 362(a) and § 1301 will be terminated as to the collateral.

In addition to the form changes mentioned above, electronic filers will notice a slight modification to the Chapter 13 Plan and Amended Chapter 13 Plan events in ECF. For details, see, “Electronic Case Filing System (ECF) Event Changes to Implement the December 1, 2017 Federal Bankruptcy Rule Amendments” on page 17 of this issue.

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Electronic Case Filing (ECF) Event Changes Implementing the December 1, 2017 Federal Bankruptcy Rule Amendments

by Amy Geraghty, Operations Supervisor

Outlined below are the new and modified events in the Court’s ECF system that implement the upcoming December 1st federal and local rule amendments.

1. Chapter 13 Plan Events

The events for filing the Chapter 13 Plan, Amended Chapter 13 Plan or using Case Upload to file the Chapter 13 Plan, are modified to include check boxes related to whether embedded motions are included in the plan. Selection of one or more of these boxes will pull this information to the docket text. Final docket text will look like this [based upon selected boxes]:

Final docket text will look like this [based upon selected boxes]:

2. Objection to Claim Event

Federal Rule 3012 is amended to allow the determination of the amount of a secured claim [other than a governmental unit] in an Objection to Claim. In order to identify whether a request to determine the value of security is being included in an Objection to Claim, the event will now include a yes or no question and pull the relevant response to the docket text.

Under Motions/Applications, select, “Objection to Claim”:

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3. Attaching supplemental documents to a Proof of Claim pursuant to Federal Rule 3002

Rule 3002(c)(7) is amended to provide holders of a claim secured by a security interest in the debtor’s principal residence an additional 50 days [after the original 70 days] to file as supplements any attachments required by FRBP 3001(c)(1) and (d) to their previously filed Proof of Claim.

A new ECF event called “Proof of Claim Attachment” is available to file these types of documents. In addition, a new local form was adopted for use in these instances and must also be attached to this event. The new form is LF 3002-1.1, “Certification of Supplemental Proof of Claim Documents” must also be uploaded as an attachment to the event with the other documents. Failure to attach and file Local Form 3002-1.1 will result in termination of the event and an electronic notice that a corrective action is required.

For those that use the Court’s electronic Proof of Claim filing program [ePOC] on our website, this program is also being updated to accommodate the filing of these new types of attachments.

To locate this new event, navigate to Claims Actions, and select “Proof of Claim Attachment”

Select the Claim:

The attachment appears on the docket as a “doc” with a hyperlink to the attachment. A document number will not be assigned as it is referenced on the docket only to indicate that it is an attachment on the claims register.

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The attachment (doc) link will appear on the claims register under the associated claim:

4. Motion to Determine Lien Satisfied

The amendment to Federal Rule 5009 provides a procedure for Chapter 12/13 debtors to request an order declaring a secured claim satisfied and the lien released under the terms of a confirmed plan.

Under Motions>Applications; select, “Determine Lien Satisfied”

The Court’s Electronic Filer User Manual, as well as our ECF training modules will soon be updated to include these new and modified events and instructions to meet the December 1, 2017 effective date.

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34

8

10

12

0

3

6

9

12

15

2013 2014 2015 2016 2017

Ch. 11 Case Filing Statistics for 12-Month Period Ending October 31, 2017

+33%

+100%

+25% +25%

-90%

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Case Filing Statistics for Period Ending October, 2017

by Jody Venuti, IT Specialist

3041

2511

2131

1767

1452

500

1000

1500

2000

2500

3000

3500

2013 2014 2015 2016 2017

Ch. 7 Case Filing Statistics for 12-Month Period Ending October 31, 2017

-17%

-15%

-17%-18%

-14%

3701

3286

2779

2408

2178

1000

1500

2000

2500

3000

3500

4000

2013 2014 2015 2016 2017

Total Case Filing Statistics for 12-Month Period Ending October 31, 2017

-11%

-15%

-13%

-10%

-14%

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490

417434

504

428

0

100

200

300

400

500

600

2013 2014 2015 2016 2017

Ch. 13 Case Filing Statistics for 12-Month Period Ending October 31, 2017

-15% +4% +16% -15%-8%

United States Bankruptcy CourtDistrict of Rhode Island380 Westminster StreetProvidence, RI 02903

Phone: (401) 626-3100Fax: (401) 626-3150

Website: www.rib.uscourts.gov

CONTACT “ON THE DOCKET” PUBLICATION STAFF

If you have any comments regarding this issue or want to suggest ideas for future articles, please contact “On the Docket” staff at the following

email address:Janet_Descoteaux@rib.uscourts.gov

Please do not use the above email address to file or send papers to the court, or to ask questions about court procedures or status of a particular case. Contact the clerk’s office at the following number for assistance in

these matters.

Visit the court website www.rib.uscourts.govfor local filing information.

Thank you.

Clerk’s Office: (401) 626-3100

Please Note:Clerk’s office staff is not permitted to give legal advice.

COURT HOLIDAY CLOSING DATES

Thanksgiving Day - Thursday, November 23th

Christmas Day - Monday, December 25th

New Year’s Day - Monday, January 1st

Martin Luther King, Jr. Birthday - Monday, January 15th

Washington’s Birthday - Monday, February 19th

Memorial Day - Monday, May 28th

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