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Request for Public Comment on Proposed Procedures and Forms

The United States Bankruptcy Court solicits public comments on proposed procedures and forms. 

Proposed Additional Procedures for Complex Chapter 11 Cases

Several members of the local bar have recommenced that the Court adopt additional procedures for the administration of complex chapter 11 bankruptcy cases.  No member of the Court has commented on the proposed procedures.  Comments on the substance of the proposed procedures are requested.  The Court is particularly interested in assuring that any new procedures would not impair any substantive rights under the Bankruptcy Code.  Comments will be accepted through December 31, 2008.  The proposed procedures may be reviewed here.  Comments should be addressed to complex_procedures@txs.uscourts.gov.

Proposed New Forms for Use in Chapter 13 Cases with Home Mortgages

Two new forms are being considered by the Court for use in chapter 13 bankruptcy cases in which the Debtor has a delinquency on one or more claims that are secured solely by a security interest on the Debtor’s principal residence.  The first form is a proposed addendum that would be filed along with proofs of claim that are filed by the holders of the claim.  The addendum would contain substantial information regarding loan payments and of the charging of fees and expenses.  The form would also include substantial information regarding escrow accounts.  The second form is a proposed notice of payment change that would be filed by a home mortgage lender if the lender asserts that the Debtor’s home mortgage payment amount should be adjusted to reflect an escrow payment change or a rate change.  The Court solicits all comments on the forms, including comments on whether use of the forms should be mandatory.  Comments will be accepted through January 31, 2009.  The proposed forms may be reviewed here.  Comments should be addressed to mortgage_forms@txs.uscourts.gov.