Pending Rule and Form Changes (12/1/23)

Proposed amendments to Bankruptcy Rules 3011, 8003, and 9006 --and a new Rule 9038--are scheduled to take effect on 12/1/23. The amended rules cover unclaimed funds, appeals, and computing and extending time. The new rule addresses declaring a “Bankruptcy Rules emergency” and provides authority to extend or toll time limits when the Judicial Conference "determines that extraordinary circumstance relating to public health or safety, or affecting physical or electronic access to a bankruptcy court, substantially impair the court’s ability to perform its functions." See below to preview all changes and read the committee notes.

Several revised bankruptcy forms are also on track to take effect on 12/1/23, including Official Form 410A (Proof of Claim Attachment), Official Form 417A (Notice of Appeal and Statement of Election), and Director’s Form 1340 (Application for Payment of Unclaimed Funds). See Pending or Recent Changes in the Bankruptcy Forms | United States Courts ( The Court will be reviewing its unclaimed funds process in advance of changes to Director’s Form 1340