[CNYBBA-LISTSERV] proposed rule change re calculating time

[Lynn Harper Wilson]

Rec'd this from ABI:
 
The Rules Committee of the Judicial Conference of the United States is
seeking comment from ABI members on proposed legislation to extend certain
statutory deadlines. These changes would affect how to calculate time
periods. Under current rules, intermediate weekends and holidays are omitted
when computing short time periods, but included when computing longer
periods. To simplify calculating deadlines and to make the method consistent
in each set of Federal Rules (appellate, civil, criminal and bankruptcy),
the amended rules would count intermediate weekends and holidays for all
time periods. This simple "days are days" approach also applies to time
periods in statutes that affect court proceedings, if those statutes do not
themselves specify how to calculate time periods. The effect on the
bankruptcy provisions would be to change current deadlines from five to
seven days in the following sections: 109(h)(3)(A)(ii); 322(a); 332(a);
342(e)(2); 521(e)(3)(B); 521(i)(2); 704(b)(1)(B); 764(b); 749(b).  The
time-computation changes are intended to benefit the bar and public by
standardizing deadlines and making their computation easier. The Rules
Committee requests comment on their proposal. Members may submit comments to
John K. Rabiej by e-mail at john_rabiej at uscourts.gov or by fax at
202-502-1766.
 
More information here:
http://www.uscourts.gov/rules/index2.html#standcomm0608
 
***************
Lynn Harper Wilson, Staff Attorney
Office of Mark W. Swimelar, Chapter 12 & 13 Trustee
Northern District of New York (Syracuse)
     <http://www.cnytrustee.com/> http://www.cnytrustee.com
        e-mail:   <mailto:lhwilson at cnytrustee.com> lhwilson at cnytrustee.com
 
 
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