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Notice of Adoption of Revised Interim Bankruptcy Rule 1020

Thursday, April 23, 2020

Notice of Adoption of Revised Interim Bankruptcy Rule 1020

The Coronavirus Aid, Relief, and Economic Security Act ("CARES Act") signed into law on March 27, 2020, includes temporary amendments to the definitions
of "small business debtor" in 11 U.S.C. § 101(51D) and "debtor" in § 1182 (applicable to cases under Subchapter V of Chapter 11), including
the increase of the debt limit to $7,500,000. The amendment to § 1182 requires a revision to Interim Rule 1020.

The Court has entered General Order 20-16 to adopt revised Interim Rule 1020. Please click here to see a copy of General Order 20-16.

New CM/ECF Event

The Coronavirus Aid, Relief, Economic and Security (CARES) Act, which became effective March 27, 2020, requires changes to the Case Management/Electronic Case Files (CM/ECF) dictionary events.

Sections 4022 and 4023 of the CARES Act include a provision that allows borrowers experiencing a financial hardship directly or indirectly due to the COVID-19 emergency to request a forbearance on
their mortgages. As a result, the AO modified the Bankruptcy CM/ECF starter dictionary to include a new Notice of Mortgage Forbearance event and changes to other events.

Attorneys of parties wishing to file a notice of debtor's request for mortgage forbearance, per section 4022 of the CARES Act, should file using the following event: Notice of Mortgage Forbearance
it will appear in the Claim Actions and Notices categories

  • 1. The event will prompt the filer to enter the number of days of forbearance.
  • 2. The event will prompt the user with Yes and No radio buttons and asks if a certificate of service is included with the document currently being filed.
    If Yes is selected, docket text will include “Certificate of Service Filed” verbiage. If No is selected, the message, “After Filing This Document, File the Certificate of Service Event” will display.
  • 3. Filers will have a text box available to include additional text.

If you have any questions please feel free to call the Clerk’s Office at 918-549-7200.