Federal Rules

Federal Rules of Bankruptcy Procedure

229 rules.

[ABROGATED]187

Rule 1001Scope; Title; Citations; References to a Specific Form

Rule 1002Commencing a Bankruptcy Case

Rule 1003Involuntary Petition: Transferred Claims; Joining Other Creditors; Additional Time to Join

Rule 1004Involuntary Petition Against a Partnership

Rule 1004.1Voluntary Petition on Behalf of an Infant or Incom- petent Person

Rule 1004.2Petition in a Chapter 15 Case

Rule 1005Caption of a Petition; Title of the Case

Rule 1006Filing Fee

Rule 1007Lists, Schedules, Statements, and Other Documents; Time to File

Rule 1008Requirement to Verify Petitions and Accompanying Documents

Rule 1009Amending a Voluntary Petition, List, Schedule, or State- ment

Rule 1010Serving an Involuntary Petition and Summons

Rule 1011Responsive Pleading in an Involuntary Case; Effect of a Motion

Rule 1012Contesting a Petition in a Chapter 15 Case

Rule 1013Contested Petition in an Involuntary Case; Default

Rule 1014Transferring a Case to Another District; Dismissing a Case Improperly Filed

Rule 1015Consolidating or Jointly Administering Cases Pending in the Same District

Rule 1016Death or Incompetency of a Debtor

Rule 1017Dismissing a Case; Suspending Proceedings; Converting a Case to Another Chapter

Rule 1018Contesting a Petition in an Involuntary or Chapter 15 Case; Vacating an Order for Relief; Applying Part VII Rules

Rule 1019Converting or Reconverting a Chapter 11, 12, or 13 Case to Chapter

Rule 1020Designating a Chapter 11 Debtor as a Small Business Debtor

Rule 1021Designating a Chapter 7, 9, or 11 Case as a Health Care Business Case

Rule 2001Appointing an Interim Trustee Before the Order for Re- lief in an Involuntary Chapter 7 Case

Rule 2002Notices

Rule 2003Meeting of Creditors or Equity Security Holders

Rule 2004Examinations

Rule 2005Apprehending and Removing a Debtor for Examination

Rule 2006Soliciting and Voting Proxies in a Chapter 7 Case

Rule 2007Reviewing the Appointment of a Creditors’ Committee Organized Before a Chapter 9 or 11 Case Is Commenced

Rule 2007.1Appointing a Trustee or Examiner in a Chapter 11 Case

Rule 2007.2Appointing a Patient-Care Ombudsman in a Health Care Business Case

Rule 2008Notice to the Person Selected as Trustee

Rule 2009Trustees for Jointly Administered Estates

Rule 2010Blanket Bond; Proceedings on the Bond

Rule 2011Evidence That a Debtor Is a Debtor in Possession or That a Trustee Has Qualified

Rule 2012Substituting a Trustee in a Chapter 11 or 12 Case; Suc- cessor Trustee in a Pending Proceeding

Rule 2013Keeping a Public Record of Compensation Awarded by the Court to Examiners, Trustees, and Professionals

Rule 2014Employing Professionals

Rule 2015Duty to Keep Records, Make Reports, and Give Notices

Rule 2015.1Patient-Care Ombudsman

Rule 2015.2Transferring a Patient in a Health Care Business Case

Rule 2015.3Reporting Financial Information About Entities in Which a Chapter 11 Estate Holds a Substantial or Controlling Interest

Rule 2017Examining Transactions Between a Debtor and the Debtor’s Attorney

Rule 2018Intervention by an Interested Entity; Right to Be Heard

Rule 2019Disclosures by Groups, Committees, and Other Entities in a Chapter 9 or 11 Case

Rule 2020Reviewing an Act by a United States Trustee

Rule 3001Proof of Claim

Rule 3002Filing a Proof of Claim or Interest

Rule 3002.1Notice Relating to Claims Secured by a Security Inter- est in the Debtor’s Principal Residence in a Chapter 13 Case

Rule 3003Chapter 9 or 11—Filing a Proof of Claim or Equity In- terest

Rule 3004Proof of Claim Filed by the Debtor or Trustee for a Creditor

Rule 3005Filing a Proof of Claim or Accepting or Rejecting a Plan by a Surety, Endorser, Guarantor, or Other Codebtor

Rule 3006Withdrawing a Proof of Claim; Effect on a Plan

Rule 3007Objecting to a Claim

Rule 3008Reconsidering an Order Allowing or Disallowing a Claim

Rule 3009Chapter 7—Paying Dividends

Rule 3010Chapter 7, Subchapter V of Chapter 11, Chapter 12, and Chapter 13—Limits on Small Dividends and Payments

Rule 3011Chapter 7, Subchapter V of Chapter 11, Chapter 12, and Chapter 13—Listing Unclaimed Funds

Rule 3014Chapter 9 or 11—Secured Creditors’ Election to Apply §1111(b)

Rule 3016On or before doing so, the court must:

Rule 3017Chapter 9 or 11—Hearing on a Disclosure Statement and Plan

Rule 3017.1Disclosure Statement in a Small Business Case or a Case Under Subchapter V of Chapter

Rule 3017.2Setting Dates in a Case Under Subchapter V of Chap- ter 11 in Which There Is No Disclosure Statement

Rule 3018Chapter 9 or 11—Accepting or Rejecting a Plan

Rule 3019Chapter 9 or 11—Modifying a Plan

Rule 3020In a Chapter 11 Case, Depositing Funds Before the Plan is Confirmed; Confirmation in a Chapter 9 or 11 Case

Rule 3021Distributing Funds Under a Plan

Rule 3022Chapter 11—Final Decree After the estate is fully administered in a Chapter 11 case, the court must, on its own or on a party in interest’s motion, enter a final decree closing the case. (As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 1, 1991; Apr. 2, 2024, eff. Dec. 1, 2024.)

Rule 4001Relief from the Automatic Stay; Prohibiting or Condi- tioning the Use, Sale, or Lease of Property; Using Cash Collat- eral; Obtaining Credit; Various Agreements

Rule 4002Debtor’s Duties

Rule 4003Exemptions

Rule 4004Granting or Denying a Discharge

Rule 4006Notice When No Discharge Is Granted

Rule 4007Determining Whether a Debt Is Dischargeable

Rule 4008Reaffirmation Agreement and Supporting Statement

Rule 5001Court Operations; Clerks’ Offices

Rule 5002Restrictions on Approving Court Appointments

Rule 5003Records to Be Kept by the Clerk

Rule 5004Disqualifying a Bankruptcy Judge

Rule 5006Providing Certified Copies Upon payment of the prescribed fee, the clerk must issue a cer- tified copy of the record of any proceeding or any paper filed with the clerk. (As amended Apr. 30, 1991, eff. Aug. 1, 1991; Apr. 2, 2024, eff. Dec. 1, 2024.)

Rule 5007Record of Proceedings; Transcripts

Rule 5009Closing a Chapter 7, 12, 13, or 15 Case; Declaring Liens Satisfied

Rule 5010Reopening a Case On the debtor’s or another party in interest’s motion, the court may, under §350(b), reopen a case. In a reopened Chapter 7, 12, or 13 case, the United States trustee must not appoint a trustee un- less the court determines that one is needed to protect the inter- ests of the creditors and the debtor, or to ensure that the reopened case is efficiently administered. (As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 1, 1991; Apr. 2, 2024, eff. Dec. 1, 2024.)

Rule 5011Motion to Withdraw a Case or Proceeding or to Abstain from Hearing a Proceeding; Staying a Proceeding

Rule 5012Chapter 15—Agreement to Coordinate Proceedings

Rule 6001Burden of Proving the Validity of a Postpetition Trans- fer

Rule 6002Custodian’s Report to the United States Trustee

Rule 6003Prohibition on Granting Certain Applications and Mo- tions Made Immediately After the Petition Is Filed

Rule 6005Employing an Appraiser or Auctioneer

Rule 6006Assuming, Rejecting, or Assigning an Executory Con- tract or Unexpired Lease

Rule 6009Right of the Trustee or Debtor in Possession to Pros- ecute and Defend Proceedings With or without court approval, the trustee or debtor in posses- sion may:

Rule 6010Avoiding an Indemnifying Lien or a Transfer to a Sur- ety

Rule 6011Claiming Patient Records Scheduled for Destruction in a Health-Care-Business Case

Rule 7001Types of Adversary Proceedings

Rule 7002References to the Federal Rules of Civil Procedure

Rule 7004Process; Issuing and Serving a Summons and Complaint

Rule 7007.1Corporate Ownership Statement

Rule 7008General Rules of Pleading Fed. R. Civ. P. 8 applies in an adversary proceeding. The allega- tion of jurisdiction required by that rule must include a reference to the name, number, and Code chapter of the case that the adver- sary proceeding relates to and the district and division where it is pending. In an adversary proceeding before a bankruptcy court, a complaint, counterclaim, crossclaim, or third-party complaint must state whether the pleader does or does not consent to the entry of final orders or judgment by the bankruptcy court. (As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 25, 2014, eff. Dec. 1, 2014; Apr. 28, 2016, eff. Dec. 1, 2016; Apr. 2, 2024, eff. Dec. 1, 2024.)

Rule 7009Pleading Special Matters Fed. R. Civ. P. 9 applies in an adversary proceeding. (As amended Apr. 2, 2024, eff. Dec. 1, 2024.)

Rule 7010Form of Pleadings in an Adversary Proceeding Fed. R. Civ. P. 10 applies in an adversary proceeding—except that a pleading’s caption must substantially conform to the ap- propriate version of Form 416. (As amended Apr. 30, 1991, eff. Aug. 1, 1991; Apr. 2, 2024, eff. Dec. 1, 2024.)

Rule 7012Defenses; Effect of a Motion; Motion for Judgment on the Pleadings and Other Procedural Matters

Rule 7013Counterclaim and Crossclaim Fed. R. Civ. P. 13 applies in an adversary proceeding. But a party sued by a trustee or debtor in possession need not state as a coun- terclaim any claim the party has against the debtor, the debtor’s property, or the estate, unless the claim arose after the order for relief. If, through oversight, inadvertence, or excusable neglect, a trustee or debtor in possession fails to plead a counterclaim—or when justice so requires—the court may permit the trustee or debtor in possession to:

Rule 7015Amended and Supplemental Pleadings Fed. R. Civ. P. 15 applies in an adversary proceeding. (As amended Apr. 2, 2024, eff. Dec. 1, 2024.)

Rule 7016Pretrial Procedures

Rule 7019Required Joinder of Parties Fed. R. Civ. P. 19 applies in an adversary proceeding. But these exceptions apply:

Rule 7020Permissive Joinder of Parties Fed. R. Civ. P. 20 applies in an adversary proceeding. (As amended Apr. 2, 2024, eff. Dec. 1, 2024.)

Rule 7022Interpleader Fed. R. Civ. P. 22(a) applies in an adversary proceeding. This rule supplements and does not limit the joinder of parties under Rule 7020. (As amended Apr. 23, 2008, eff. Dec. 1, 2008; Apr. 2, 2024, eff. Dec. 1, 2024.)

Rule 7023Class Actions Fed. R. Civ. P. 23 applies in an adversary proceeding. (As amended Apr. 2, 2024, eff. Dec. 1, 2024.)

Rule 7023.2Adversary Proceedings Relating to Unincorporated Associations Fed. R. Civ. P. 23.2 applies in an adversary proceeding. (As amended Apr. 2, 2024, eff. Dec. 1, 2024.)

Rule 7025Substitution of Parties Fed. R. Civ. P. 25 applies in an adversary proceeding—but is sub- ject to Rule 2012. (As amended Apr. 2, 2024, eff. Dec. 1, 2024.)

Rule 7027Depositions to Perpetuate Testimony Fed. R. Civ. P. 27 applies in an adversary proceeding. (As amended Apr. 2, 2024, eff. Dec. 1, 2024.)

Rule 7028Persons Before Whom Depositions May Be Taken Fed. R. Civ. P. 28 applies in an adversary proceeding. (As amended Apr. 2, 2024, eff. Dec. 1, 2024.)

Rule 7031Depositions by Written Questions Fed. R. Civ. P. 31 applies in an adversary proceeding. (As amended Apr. 2, 2024, eff. Dec. 1, 2024.)

Rule 7033Interrogatories to Parties Fed. R. Civ. P. 33 applies in an adversary proceeding. (As amended Apr. 2, 2024, eff. Dec. 1, 2024.) Producing Documents, Electronically Stored Informa- tion, and Tangible Things, or Entering onto Land, for Inspec- tion and Other Purposes Fed. R. Civ. P. 34 applies in an adversary proceeding. (As amended Apr. 2, 2024, eff. Dec. 1, 2024.)

Rule 7035Physical and Mental Examinations Fed. R. Civ. P. 35 applies in an adversary proceeding. (As amended Apr. 2, 2024, eff. Dec. 1, 2024.)

Rule 7036Requests for Admission Fed. R. Civ. P. 36 applies in an adversary proceeding. (As amended Apr. 2, 2024, eff. Dec. 1, 2024.)

Rule 7040Scheduling Cases for Trial Fed. R. Civ. P. 40 applies in an adversary proceeding. (As amended Apr. 2, 2024, eff. Dec. 1, 2024.)

Rule 7041Dismissing Adversary Proceedings Fed. R. Civ. P. 41 applies in an adversary proceeding. But a com- plaint objecting to the debtor’s discharge may be dismissed on the plaintiff’s motion only:

Rule 7054Judgments; Costs

Rule 7056Summary Judgment Fed. R. Civ. P. 56 applies in an adversary proceeding. But a mo- tion for summary judgment must be filed at least 30 days before the first date set for an evidentiary hearing on any issue that the motion addresses, unless a local rule sets a different time or the court orders otherwise. (As amended Apr. 23, 2012, eff. Dec. 1, 2012; Apr. 2, 2024, eff. Dec. 1, 2024.)

Rule 7058Entering Judgment Fed. R. Civ. P. 58 applies in an adversary proceeding. A reference in that rule to the civil docket must be read as referring to the docket maintained by the clerk under Rule 5003(a). (Added Mar. 26, 2009, eff. Dec. 1, 2009; amended Apr. 2, 2024, eff. Dec. 1, 2024.)

Rule 7062Stay of Proceedings to Enforce a Judgment Fed. R. Civ. P. 62 applies in an adversary proceeding—except that a proceeding to enforce a judgment is stayed for 14 days after its entry. (As amended Apr. 30, 1991, eff. Aug. 1, 1991; Apr. 26, 1999, eff. Dec. 1, 1999; Apr. 26, 2018, eff. Dec. 1, 2018; Apr. 2, 2024, eff. Dec. 1, 2024.)

Rule 7068Offer of Judgment Fed. R. Civ. P. 68 applies in an adversary proceeding. (As amended Apr. 2, 2024, eff. Dec. 1, 2024.)

Rule 7087Transferring an Adversary Proceeding On motion and after a hearing, the court may transfer an adver- sary proceeding, or any part of it, to another district under 28 U.S.C. §1412—except as provided in Rule 7019(b). (As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 2, 2024, eff. Dec. 1, 2024.)

Rule 8001Scope; Definition of ‘‘BAP’’; Sending Documents Elec- tronically

Rule 8002Time to File a Notice of Appeal

Rule 8003Appeal as of Right—How Taken; Docketing the Appeal

Rule 8004Leave to Appeal from an Interlocutory Order or Decree Under 28 U.S.C. §158(a)(3)

Rule 8005Election to Have an Appeal Heard in the District Court Instead of the BAP

Rule 8006Certifying a Direct Appeal to a Court of Appeals

Rule 8007Stay Pending Appeal; Bond; Suspending Proceedings

Rule 8008Indicative Rulings

Rule 8009Record on Appeal; Sealed Documents

Rule 8010Transcribing the Proceedings; Filing the Transcript; Sending the Record

Rule 8011Filing and Service; Signature

Rule 8012Disclosure Statement

Rule 8014Briefs

Rule 8015In addition, the cover must identify the party or parties supported and indicate whether the brief supports af- firmance or reversal. If an amicus curiae is a corporation, the brief must include a disclosure statement like that required of parties by Rule 8012. An amicus brief need not comply with Rule 8014, but must include the following: (A) a table of contents, with page references; (B) a table of authorities—cases (alphabetically ar- ranged), statutes, and other authorities—with references to the pages of the brief where they are cited; (C) a concise statement of the identity of the amicus cu- riae, its interest in the case, and the source of its author- ity to file; (D) unless the amicus curiae is one listed in the first sen- tence of (2), a statement that indicates whether:

Rule 8016Cross-Appeals

Rule 8017Brief of an Amicus Curiae

Rule 8018.1Reviewing a Judgment That the Bankruptcy Court Lacked Authority to Enter If, on appeal, a district court determines that the bankruptcy court did not have authority under Article III of the Constitution to enter the judgment, order, or decree being appealed, the dis- trict court may treat it as proposed findings of fact and conclu- sions of law. (Added Apr. 26, 2018, eff. Dec. 1, 2018; amended Apr. 2, 2024, eff. Dec. 1, 2024.)

Rule 8019Oral Argument

Rule 8020Frivolous Appeal; Other Misconduct

Rule 8021Costs

Rule 8022Motion for Rehearing

Rule 8023Voluntary Dismissal

Rule 8023.1Substitution of Parties

Rule 8025Staying a District Court or BAP Judgment

Rule 8026Making and Amending Local Rules; Procedure When There Is No Controlling Law

Rule 8027Notice of a Mediation Procedure

Rule 8028Suspending These Part VIII Rules

Rule 9001Definitions

Rule 9002Meaning of Words in the Federal Rules of Civil Proce- dure

Rule 9003Ex Parte Contacts Prohibited

Rule 9004General Requirements of Form

Rule 9005Harmless Error Fed. R. Civ. P. 61 applies in a bankruptcy case. When appro- priate, the court may order the correction of any error or defect— or the cure of any omission—that does not affect a substantial right. (As amended Apr. 2, 2024, eff. Dec. 1, 2024.)

Rule 9005.1Constitutional Challenge to a Statute—Notice, Certifi- cation, and Intervention Fed. R. Civ. P. 5.1 applies in a bankruptcy case. (Added Apr. 30, 2007, eff. Dec. 1, 2007; amended Apr. 2, 2024, eff. Dec. 1, 2024.)

Rule 9006Computing and Extending Time; Motions

Rule 9007Authority to Regulate Notices

Rule 9008Service or Notice by Publication

Rule 9009Using Official Forms; Director’s Forms

Rule 9010Authority to Act Personally or by an Attorney; Power of Attorney

Rule 9011Signing Documents; Representations to the Court; Sanc- tions; Verifying and Providing Copies

Rule 9012Oaths and Affirmations

Rule 9013Motions; Form and Service

Rule 9014The party filing the motion must serve a copy on all parties to the removed claim or cause of action.

Rule 9015Jury Trial

Rule 9016Subpoena Fed. R. Civ. P. 45 applies in a bankruptcy case. (As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 2, 2024, eff. Dec. 1, 2024.) . Evidence

Rule 9018Secret, Confidential, Scandalous, or Defamatory Matter

Rule 9019Compromise or Settlement; Arbitration

Rule 9020Contempt Proceedings Rule 9014 governs a motion for a contempt order made by the United States trustee or a party in interest. (As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 1, 1991; Apr. 23, 2001, eff. Dec. 1, 2001; Apr. 2, 2024, eff. Dec. 1, 2024.)

Rule 9021When a Judgment or Order Becomes Effective

Rule 9023New Trial; Altering or Amending a Judgment

Rule 9024Relief from a Judgment or Order

Rule 9025Security; Proceeding Against a Security Provider

Rule 9026Objecting to a Ruling or Order Fed. R. Civ. P. 46 applies in a bankruptcy case. (As amended Apr. 2, 2024, eff. Dec. 1, 2024.)

Rule 9027Removing a Claim or Cause of Action from Another Court

Rule 9029Adopting Local Rules; Limit on Enforcing a Local Rule; Absence of Controlling Law

Rule 9030Jurisdiction and Venue Not Extended or Limited

Rule 9032Effect of an Amendment to the Federal Rules of Civil Procedure

Rule 9033Proposed Findings of Fact and Conclusions of Law

Rule 9034Sending Copies to the United States Trustee

Rule 9035Applying These Rules in a Judicial District in Alabama or North Carolina

Rule 9036Electronic Notice and Service

Rule 9037Protecting Privacy for Filings

Rule 9038Bankruptcy Rules Emergency

OFFICERS AND ADMINISTRATION; NOTICES; MEETINGS;1

Rule 2016Compensation for Services Rendered; Reimbursing Expenses

CLAIMS; PLANS; DISTRIBUTIONS TO CREDITORS AND EQUITY4

Rule 3012Determining the Amount of a Secured or Priority Claim

Rule 3013Determining Classes of Creditors and Equity Security Holders

Rule 3015Chapter 12 or 13—Time to File a Plan; Nonstandard Provisions; Objection to Confirmation; Effect of Confirmation; Modifying a Plan

Rule 3015.1Requirements for a Local Form for a Chapter 13 Plan

THE DEBTOR’S DUTIES AND BENEFITS1

Rule 4005Burden of Proof in Objecting to a Discharge

COURTS AND CLERKS2

Rule 5005Filing Papers and Sending Copies to the United States Trustee ..

Rule 5008Chapter 7—Notice That a Presumption of Abuse Has Arisen Under §707(b)

COLLECTING AND LIQUIDATING THE ESTATE3

Rule 6004Use, Sale, or Lease of Property

Rule 6007Abandoning or Disposing of Property

Rule 6008Redeeming Property from a Lien or a Sale to Enforce a Lien

ADVERSARY PROCEEDINGS5

Rule 7003Commencing an Adversary Proceeding

Rule 7005Serving and Filing Pleadings and Other Papers

Rule 7007Pleadings Allowed

Rule 7014Third-Party Practice

Rule 7017Plaintiff and Defendant; Capacity; Public Officers

ADVERSARY PROCEEDINGS—Continued Page19

Rule 7018Joinder of Claims

Rule 7021Misjoinder and Nonjoinder of Parties

Rule 7023.1Derivative Actions

Rule 7024Intervention

Rule 7026Duty to Disclose; General Provisions Governing Discovery

Rule 7029Stipulations About Discovery Procedure

Rule 7030Depositions by Oral Examination

Rule 7032Using Depositions in Court Proceedings

Rule 7034Producing Documents, Electronically Stored Information, and Tangible Things, or Entering onto Land, for Inspection and Other Purposes

Rule 7037Failure to Make Disclosures or to Cooperate in Discovery; Sanctions

Rule 7042Consolidating Adversary Proceedings; Separate Trials

Rule 7052Findings and Conclusions by the Court; Judgment on Partial Findings

Rule 7055Default; Default Judgment

Rule 7064Seizing a Person or Property

Rule 7065Injunctions

Rule 7067Deposit into Court

Rule 7069Execution

Rule 7070Enforcing a Judgment for a Specific Act; Vesting Title

Rule 7071Enforcing Relief for or Against a Nonparty

APPEAL TO A DISTRICT COURT OR A BANKRUPTCY3

Rule 8013Motions; Interventions

Rule 8018Serving and Filing Briefs and Appendices

Rule 8024Clerk’s Duties on Disposition of the Appeal

GENERAL PROVISIONS4

Rule 9017Evidence

Rule 9022Notice of a Judgment or Order

Rule 9028Judge’s Disability

Rule 9031Using Masters Not Authorized