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Federal Rules

Federal Rules of Bankruptcy Procedure

(Effective August 1, 1983, as amended to Dec. 1, 2011)

  • BANKRUPTCY RULES
    • Rule 1001. Scope of Rules and Forms; Short Title
  • PART I—COMMENCEMENT OF CASE; PROCEEDINGS RELATING TO PETITION AND ORDER FOR RELIEF
    • Rule 1002. Commencement of Case
    • Rule 1003. Involuntary Petition
    • Rule 1004. Involuntary Petition Against a Partnership
    • Rule 1004.1 Petition for an Infant or Incompetent Person
    • Rule 1004.2 Petition in Chapter 15 Cases
    • Rule 1005. Caption of Petition
    • Rule 1006. Filing Fee
    • Rule 1007. Lists, Schedules, Statements, and Other Documents; Time Limits
    • Rule 1008. Verification of Petitions and Accompanying Papers
    • Rule 1009. Amendments of Voluntary Petitions, Lists, Schedules and Statements
    • Rule 1010. Service of Involuntary Petition and Summons; Petition For Recognition of a Foreign Nonmain Proceeding
    • Rule 1011. Responsive Pleading or Motion in Involuntary and Cross-Border Cases
    • [Rule 1012. Examination of Debtor, Including Discovery, on Issue of Nonpayment of Debts in Involuntary Cases.] (Abrogated Mar. 30, 1987, eff. Aug. 1, 1987)
    • Rule 1013. Hearing and Disposition of a Petition in an Involuntary Case
    • Rule 1014. Dismissal and Change of Venue
    • Rule 1015. Consolidation or Joint Administration of Cases Pending in Same Court
    • Rule 1016. Death or Incompetency of Debtor
    • Rule 1017. Dismissal or Conversion of Case; Suspension
    • Rule 1018. Contested Involuntary Petitions; Contested Petitions Commencing Chapter 15 Cases; Proceedings to Vacate Order for Relief; Applicability of Rules in Part VII Governing Adversary Proceedings
    • Rule 1019. Conversion of a Chapter 11 Reorganization Case, Chapter 12 Family Farmer's Debt Adjustment Case, or Chapter 13 Individual's Debt Adjustment Case to a Chapter 7 Liquidation Case
    • Rule 1020. Small Business Chapter 11 Reorganization Case
    • Rule 1021. Health Care Business Case
  • PART II—OFFICERS AND ADMINISTRATION; NOTICES; MEETINGS; EXAMINATIONS; ELECTIONS; ATTORNEYS AND ACCOUNTANTS
    • Rule 2001. Appointment of Interim Trustee Before Order for Relief in a Chapter 7 Liquidation Case
    • Rule 2002. Notices to Creditors, Equity Security Holders, Administrators in Foreign Proceedings, Persons Against Whom Provisional Relief is Sought in Ancillary and Other Cross-Border Cases, United States, and United States Trustee
    • Rule 2003. Meeting of Creditors or Equity Security Holders
    • Rule 2004. Examination
    • Rule 2005. Apprehension and Removal of Debtor to Compel Attendance for Examination
    • Rule 2006. Solicitation and Voting of Proxies in Chapter 7 Liquidation Cases
    • Rule 2007. Review of Appointment of Creditors’ Committee Organized Before Commencement of the Case
    • Rule 2007.1 Appointment of Trustee or Examiner in a Chapter 11 Reorganization Case
    • Rule 2007.2 Appointment of Patient Care Ombudsman in a Health Care Business Case
    • Rule 2008. Notice to Trustee of Selection
    • Rule 2009. Trustees for Estates When Joint Administration Ordered
    • Rule 2010. Qualification by Trustee; Proceeding on Bond
    • Rule 2011. Evidence of Debtor in Possession or Qualification of Trustee
    • Rule 2012. Substitution of Trustee or Successor Trustee; Accounting
    • Rule 2013. Public Record of Compensation Awarded to Trustees, Examiners, and Professionals
    • Rule 2014. Employment of Professional Persons
    • Rule 2015. Duty to Keep Records, Make Reports, and Give Notice of Case or Change of Status
    • Rule 2015.1 Patient Care Ombudsman
    • Rule 2015.2 Transfer of Patient in Health Care Business Case
    • Rule 2015.3 Reports of Financial Information on Entities in Which a Chapter 11 Estate Holds a Controlling or Substantial Interest
    • Rule 2016. Compensation for Services Rendered and Reimbursement of Expenses
    • Rule 2017. Examination of Debtor's Transactions with Debtor's Attorney
    • Rule 2018. Intervention; Right to Be Heard
    • Rule 2019. Disclosure Regarding Creditors and Equity Security Holders in Chapter 9 and Chapter 11 Cases
    • Rule 2020. Review of Acts by United States Trustee
  • PART III—CLAIMS AND DISTRIBUTION TO CREDITORS AND EQUITY INTEREST HOLDERS; PLANS
    • Rule 3001. Proof of Claim
    • Rule 3002. Filing Proof of Claim or Interest
    • Rule 3002.1 Notice Relating to Claims Secured by Security Interest in the Debtor’s Principal Residence
    • Rule 3003. Filing Proof of Claim or Equity Security Interest in Chapter 9 Municipality or Chapter 11 Reorganization Cases
    • Rule 3004. Filing of Claims by Debtor or Trustee
    • Rule 3005. Filing of Claim, Acceptance, or Rejection by Guarantor, Surety, Indorser, or Other Codebtor
    • Rule 3006. Withdrawal of Claim; Effect on Acceptance or Rejection of Plan
    • Rule 3007. Objections to Claims
    • Rule 3008. Reconsideration of Claims
    • Rule 3009. Declaration and Payment of Dividends in a Chapter 7 Liquidation Case
    • Rule 3010. Small Dividends and Payments in Chapter 7 Liquidation, Chapter 12 Family Farmer's Debt Adjustment, and Chapter 13 Individual's Debt Adjustment Cases
    • Rule 3011. Unclaimed Funds in Chapter 7 Liquidation, Chapter 12 Family Farmer's Debt Adjustment, and Chapter 13 Individual's Debt Adjustment Cases
    • Rule 3012. Valuation of Security
    • Rule 3013. Classification of Claims and Interests
    • Rule 3014. Election Under §1111(b) by Secured Creditor in Chapter 9 Municipality or Chapter 11 Reorganization Case
    • Rule 3015. Filing, Objection to Confirmation, and Modification of a Plan in a Chapter 12 Family Farmer's Debt Adjustment or a Chapter 13 Individual's Debt Adjustment Case
    • Rule 3016. Filing of Plan and Disclosure Statement in a Chapter 9 Municipality or Chapter 11 Reorganization Case
    • Rule 3017. Court Consideration of Disclosure Statement in a Chapter 9 Municipality or Chapter 11 Reorganization Case
    • Rule 3017.1 Court Consideration of Disclosure Statement in a Small Business Case
    • Rule 3018. Acceptance or Rejection of Plan in a Chapter 9 Municipality or a Chapter 11 Reorganization Case
    • Rule 3019. Modification of Accepted Plan in a Chapter 9 Municipality or a Chapter 11 Reorganization Case
    • Rule 3020. Deposit; Confirmation of Plan in a Chapter 9 Municipality or Chapter 11 Reorganization Case
    • Rule 3021. Distribution Under Plan
    • Rule 3022. Final Decree in Chapter 11 Reorganization Case
  • PART IV—THE DEBTOR: DUTIES AND BENEFITS
    • Rule 4001. Relief from Automatic Stay; Prohibiting or Conditioning the Use, Sale, or Lease of Property; Use of Cash Collateral; Obtaining Credit; Agreements
    • Rule 4002. Duties of Debtor
    • Rule 4003. Exemptions
    • Rule 4004. Grant or Denial of Discharge
    • Rule 4005. Burden of Proof in Objecting to Discharge
    • Rule 4006. Notice of No Discharge
    • Rule 4007. Determination of Dischargeability of a Debt
    • Rule 4008. Filing of Reaffirmation Agreement; Statement in Support of Reaffirmation Agreement
  • PART V—COURTS AND CLERKS
    • Rule 5001. Courts and Clerks’ Offices
    • Rule 5002. Restrictions on Approval of Appointments
    • Rule 5003. Records Kept By the Clerk
    • Rule 5004. Disqualification
    • Rule 5005. Filing and Transmittal of Papers
    • Rule 5006. Certification of Copies of Papers
    • Rule 5007. Record of Proceedings and Transcripts
    • Rule 5008. Notice Regarding Presumption of Abuse in Chapter 7 Cases of Individual Debtors
    • Rule 5009. Closing Chapter 7 Liquidation, Chapter 12 Family Farmer's Debt Adjustment, Chapter 13 Individual's Debt Adjustment, and Chapter 15 Ancillary and Cross-Border Cases
    • Rule 5010. Reopening Cases
    • Rule 5011. Withdrawal and Abstention from Hearing a Proceeding
    • Rule 5012. Agreements Concerning Coordination of Proceedings in Chapter 15 Cases
  • PART VI—COLLECTION AND LIQUIDATION OF THE ESTATE
    • Rule 6001. Burden of Proof As to Validity of Postpetition Transfer
    • Rule 6002. Accounting by Prior Custodian of Property of the Estate
    • Rule 6003. Interim and Final Relief Immediately Following the Commencement of the Case — Applications for Employment; Motions for Use, Sale, or Lease of Property; and Motions for Assumption or Assignment of Executory Contracts
    • Rule 6004. Use, Sale, or Lease of Property
    • Rule 6005. Appraisers and Auctioneers
    • Rule 6006. Assumption, Rejection or Assignment of an Executory Contract or Unexpired Lease
    • Rule 6007. Abandonment or Disposition of Property
    • Rule 6008. Redemption of Property from Lien or Sale
    • Rule 6009. Prosecution and Defense of Proceedings by Trustee or Debtor in Possession
    • Rule 6010. Proceeding to Avoid Indemnifying Lien or Transfer to Surety
    • Rule 6011. Disposal of Patient Records in Health Care Business Case
  • PART VII—ADVERSARY PROCEEDINGS
    • Rule 7001. Scope of Rules of Part VII
    • Rule 7002. References to Federal Rules of Civil Procedure
    • Rule 7003. Commencement of Adversary Proceeding
    • Rule 7004. Process; Service of Summons, Complaint
    • Rule 7005. Service and Filing of Pleadings and Other Papers
    • Rule 7007. Pleadings Allowed
    • Rule 7007.1 Corporate Ownership Statement
    • Rule 7008. General Rules of Pleading
    • Rule 7009. Pleading Special Matters
    • Rule 7010. Form of Pleadings
    • Rule 7012. Defenses and Objections—When and How Presented—By Pleading or Motion—Motion for Judgment on the Pleadings
    • Rule 7013. Counterclaim and Cross-Claim
    • Rule 7014. Third-Party Practice
    • Rule 7015. Amended and Supplemental Pleadings
    • Rule 7016. Pre-Trial Procedure; Formulating Issues
    • Rule 7017. Parties Plaintiff and Defendant; Capacity
    • Rule 7018. Joinder of Claims and Remedies
    • Rule 7019. Joinder of Persons Needed for Just Determination
    • Rule 7020. Permissive Joinder of Parties
    • Rule 7021. Misjoinder and Non-Joinder of Parties
    • Rule 7022. Interpleader
    • Rule 7023. Class Proceedings
    • Rule 7023.1 Derivative Actions
    • Rule 7023.2 Adversary Proceedings Relating to Unincorporated Associations
    • Rule 7024. Intervention
    • Rule 7025. Substitution of Parties
    • Rule 7026. General Provisions Governing Discovery
    • Rule 7027. Depositions Before Adversary Proceedings or Pending Appeal
    • Rule 7028. Persons Before Whom Depositions May Be Taken
    • Rule 7029. Stipulations Regarding Discovery Procedure
    • Rule 7030. Depositions Upon Oral Examination
    • Rule 7031. Deposition Upon Written Questions
    • Rule 7032. Use of Depositions in Adversary Proceedings
    • Rule 7033. Interrogatories to Parties
    • Rule 7034. Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes
    • Rule 7035. Physical and Mental Examination of Persons
    • Rule 7036. Requests for Admission
    • Rule 7037. Failure to Make Discovery: Sanctions
    • Rule 7040. Assignment of Cases for Trial
    • Rule 7041. Dismissal of Adversary Proceedings
    • Rule 7042. Consolidation of Adversary Proceedings; Separate Trials
    • Rule 7052. Findings by the Court
    • Rule 7054. Judgments; Costs
    • Rule 7055. Default
    • Rule 7056. Summary Judgment
    • Rule 7058. Entering Judgment in Adversary Proceeding
    • Rule 7062. Stay of Proceedings to Enforce a Judgment
    • Rule 7064. Seizure of Person or Property
    • Rule 7065. Injunctions
    • Rule 7067. Deposit in Court
    • Rule 7068. Offer of Judgment
    • Rule 7069. Execution
    • Rule 7070. Judgment for Specific Acts; Vesting Title
    • Rule 7071. Process in Behalf of and Against Persons Not Parties
    • Rule 7087. Transfer of Adversary Proceeding
  • PART VIII—APPEALS TO DISTRICT COURT OR BANKRUPTCY APPELLATE PANEL
    • Rule 8001. Manner of Taking Appeal; Voluntary Dismissal; Certification to Court of Appeals
    • Rule 8002. Time for Filing Notice of Appeal
    • Rule 8003. Leave to Appeal
    • Rule 8004. Service of the Notice of Appeal
    • Rule 8005. Stay Pending Appeal
    • Rule 8006. Record and Issues on Appeal
    • Rule 8007. Completion and Transmission of the Record; Docketing of the Appeal
    • Rule 8008. Filing and Service
    • Rule 8009. Briefs and Appendix; Filing and Service
    • Rule 8010. Form of Briefs; Length
    • Rule 8011. Motions
    • Rule 8012. Oral Argument
    • Rule 8013. Disposition of Appeal; Weight Accorded Bankruptcy Judge's Findings of Fact
    • Rule 8014. Costs
    • Rule 8015. Motion for Rehearing
    • Rule 8016. Duties of Clerk of District Court and Bankruptcy Appellate Panel
    • Rule 8017. Stay of Judgment of District Court or Bankruptcy Appellate Panel
    • Rule 8018. Rules by Circuit Councils and District Courts; Procedure When There is No Controlling Law
    • Rule 8019. Suspension of Rules in Part VIII
    • Rule 8020. Damages and Costs for Frivolous Appeal
  • PART IX—GENERAL PROVISIONS
    • Rule 9001. General Definitions
    • Rule 9002. Meanings of Words in the Federal Rules of Civil Procedure When Applicable to Cases Under the Code
    • Rule 9003. Prohibition of Ex Parte Contacts
    • Rule 9004. General Requirements of Form
    • Rule 9005. Harmless Error
    • Rule 9005.1 Constitutional Challenge to a Statute—Notice, Certification, and Intervention
    • Rule 9006. Computing and Extending Time
    • Rule 9007. General Authority to Regulate Notices
    • Rule 9008. Service or Notice by Publication
    • Rule 9009. Forms
    • Rule 9010. Representation and Appearances; Powers of Attorney
    • Rule 9011. Signing of Papers; Representations to the Court; Sanctions; Verification and Copies of Papers
    • Rule 9012. Oaths and Affirmations
    • Rule 9013. Motions: Form and Service
    • Rule 9014. Contested Matters
    • Rule 9015. Jury Trials
    • Rule 9016. Subpoena
    • Rule 9017. Evidence
    • Rule 9018. Secret, Confidential, Scandalous, or Defamatory Matter
    • Rule 9019. Compromise and Arbitration
    • Rule 9020. Contempt Proceedings
    • Rule 9021. Entry of Judgment
    • Rule 9022. Notice of Judgment or Order
    • Rule 9023. New Trials; Amendment of Judgments
    • Rule 9024. Relief from Judgment or Order
    • Rule 9025. Security: Proceedings Against Sureties
    • Rule 9026. Exceptions Unnecessary
    • Rule 9027. Removal
    • Rule 9028. Disability of a Judge
    • Rule 9029. Local Bankruptcy Rules; Procedure When There is No Controlling Law
    • Rule 9030. Jurisdiction and Venue Unaffected
    • Rule 9031. Masters Not Authorized
    • Rule 9032. Effect of Amendment of Federal Rules of Civil Procedure
    • Rule 9033. Review of Proposed Findings of Fact and Conclusions of Law in Non-Core Proceedings
    • Rule 9034. Transmittal of Pleadings, Motion Papers, Objections, and Other Papers to the United States Trustee
    • Rule 9035. Applicability of Rules in Judicial Districts in Alabama and North Carolina
    • Rule 9036. Notice by Electronic Transmission
    • Rule 9037. Privacy Protection For Filings Made with the Court
  • [PART X—UNITED STATES TRUSTEES] (Abrogated Apr. 30, 1991, eff. Aug. 1, 1991)
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