Federal Bankruptcy Procedure

Federal Rules of Bankruptcy Procedure (2009)

(incorporating the revisions that took effect Dec. 1, 2008)

Note: please see Interim Rules and Official Forms Implementing the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005

PART I. COMMENCEMENT OF CASE: PROCEEDINGS RELATING TO PETITION AND ORDER FOR RELIEF

PART II. OFFICERS AND ADMINISTRATION; NOTICES; MEETINGS; EXAMINATIONS; ELECTIONS; ATTORNEYS AND ACCOUNTANTS
PART III. CLAIMS AND DISTRIBUTION TO CREDITORS AND EQUITY INTEREST HOLDERS; PLANS
PART IV. THE DEBTOR: DUTIES AND BENEFITS
PART V. BANKRUPTCY COURTS AND CLERKS
PART VI. COLLECTION AND LIQUIDATION OF THE ESTATE
PART VII. ADVERSARY PROCEEDINGS
PART VIII. APPEALS TO DISTRICT COURT OR BANKRUPTCY APPELLATE PANEL
PART IX. GENERAL PROVISIONS
PART X. UNITED STATES TRUSTEES [ABROGATED]

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• 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 1005. Caption of Petition
• Rule 1006. Filing Fee (see Interim Rules)
• Rule 1007. Lists, Schedules and Statements; Time Limits (see Interim Rules)
• Rule 1008. Verification of Petitions and Accompanying Papers
• Rule 1009. Amendments of Voluntary Petitions, Lists, Schedules and Statements (see Interim Rules)
• Rule 1010. Service of Involuntary Petition and Summons; Petition Commencing Ancillary Case (see Interim Rules)
• Rule 1011. Responsive Pleading or Motion in Involuntary and Ancillary Cases (see Interim Rules)
• Rule 1012. [Abrogated Mar. 30, 1987, eff. Aug. 1, 1987]
• Rule 1013. Hearing and Disposition of Petition in Involuntary Cases
• 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 (see Interim Rules)
• Rule 1018. Contested Involuntary Petitions; Contested Petitions Commencing Ancillary Cases; Proceedings to Vacate Order for Relief; Applicability of Rules in Part VII Governing Adversary Proceedings
• Rule 1019. Conversion of Chapter 11 Reorganization Case, Chapter 12 Family Farmer's Debt Adjustment Case, or Chapter 13 Individual's Debt Adjustment Case to Chapter 7 Liquidation Case (see Interim Rules)
• Rule 1020. Election to be Considered a Small Business in a Chapter 11 Reorganization Case (see Interim Rules)
• Rule 1021 (see Interim Rules)

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, United States, and United States Trustee (see Interim Rules)
• Rule 2003. Meeting of Creditors or Equity Security Holders (see Interim Rules)
• 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 (see Interim Rules)
• Rule 2007.2 (see Interim Rules)
• 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 (see Interim Rules)
• Rule 2015.1 (see Interim Rules)
• Rule 2015.2 (see Interim Rules)
• 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. Representation of Creditors and Equity Security Holders in Chapter 9 Municipality and Chapter 11 Reorganization 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 (see Interim Rules)
• Rule 3003. Filing Proof of Claim or Equity Security Interest in Chapter 9 Municipality or Chapter 11 Reorganization Cases (see Interim Rules)
• 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 (see Interim Rules)
• 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 (see Interim Rules)
• Rule 3018. Acceptance or Rejection of Plan in a Chapter 9 Municipality or a Chapter 11 Reorganization Case
• Rule 3019. Modification of Accepted Plan Before Confirmation in a Chapter 9 Municipality or Chapter 11 Reorganization Case (see Interim Rules)
• 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 (see Interim Rules)
• Rule 4003. Exemptions (see Interim Rules)
• Rule 4004. Grant or Denial of Discharge (see Interim Rules)
• Rule 4005. Burden of Proof in Objecting to Discharge
• Rule 4006. Notice of No Discharge (see Interim Rules)
• Rule 4007. Determination of Dischargeability of a Debt (see Interim Rules)
• Rule 4008. Discharge and Reaffirmation Hearing (see Interim Rules)

PART V. BANKRUPTCY COURTS AND CLERKS

• Rule 5001. Courts and Clerks' Offices
• Rule 5002. Restrictions on Appointments
• Rule 5003. Records Kept By the Clerk (see Interim Rules)
• 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. [Abrogated]. (see Interim Rules)
• Rule 5009. Closing Chapter 7 Liquidation, Chapter 12 Family Farmer's Debt Adjustment, and Chapter 13 Individual's Debt Adjustment Cases
• Rule 5010. Reopening Cases
• Rule 5011. Withdrawal and Abstention from Hearing a Proceeding
• Rule 5012 (see Interim Rules)

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 (see Interim Rules)
• Rule 6005. Appraisers and Auctioneers
• Rule 6006. Assumption, Rejection and Assignment of Executory Contracts and Unexpired Leases
• 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 (see Interim Rules)

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 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 Proceedings by Shareholders
• 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 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 (see Interim Rules)
• Rule 8002. Time for Filing Notice of Appeal
• Rule 8003. Leave to Appeal (see Interim Rules)
• 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. Time (see Interim Rules)
• Rule 9007. General Authority to Regulate Notices
• Rule 9008. Service or Notice by Publication
• Rule 9009. Forms (see Interim Rules)
• 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]