Survey on the Federal Rules of Bankruptcy Procedure.

摘要

The Long-Range Planning Subcommittee of the Judicial Conferences Advisory Committee on Bankruptcy Rules is undertaking a comprehensive review of the Federal Rules of Bankruptcy Procedure to determine whether they should be modified. At the advisory committees request, staff in the Research Division of the Federal Judicial Center developed a questionnaire to help the subcommittee learn the views of various participants in the bankruptcy system concerning the rules and related forms. The questionnaire contained questions about the organization, scope, and format of the Federal Rules of Bankruptcy Procedure and forms; the relationship between the rules and the Bankruptcy Code; the incorporation of various Federal Rules of Civil Procedure into the Bankruptcy Rules; and local bankruptcy rules. The Center sent the questionnaire to bankruptcy, district, and circuit judges, other bankruptcy court personnel, law professors, and bankruptcy practitioners. Most of the respondents to the questionnaire indicated that they did not see a need to change the rules and forms, had not experienced problems with the rules and forms, or had no opinion on the particular changes being asked about. For each question, however, there were some respondents (ranging from 9% to almost 32%) who reported problems or indicated that they thought the rules should be changed in some way.