Closed for Columbus Day Because of Bankruptcy Rule 9006(a)(6)

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In case you were wondering, Columbus Day is in the top ten of “legal holidays” that Bankruptcy Rule 9006 recognizes.  Although the Weil Bankruptcy Blog is observing the holiday, we thought it provided a good opportunity to remind everyone of the diminished significance of legal holidays under Rule 9006.

Under current Bankruptcy Rule 9006(a)(1), if today is the last day in a time period set by the Bankruptcy Rules, the Federal Rules of Civil Procedure, any local rule or court order, or in any statute (assuming the statute does not otherwise specify a method of computing the time), you can go watch your neighborhood’s parade because you have an extra day to file your pleading or take some other action.

Remember, though, that Bankruptcy Rule 9006 no longer excludes weekends and legal holidays when computing a time period.  Before 1987, weekends and legal holidays were excluded from computing a time period when the period was shorter than seven days.  It was then changed to any period shorter than eleven days in 1987.  In 2009, Congress changed the rule to require that weekends and legal holidays always count when computing a time period.

By the way, according to the “Holiday Insights” website , today also is International Skeptics Day.  So, today is a great day for those who doubt that Christopher Columbus discovered the New World, as well as those who believe that he did!