Fed. R. Bankr. P. 1011 — Responsive Pleading in an Involuntary Case; Effect of a Motion

Federal Rules of Bankruptcy Procedure

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

Fed. R. Bankr. P. 1011

SourceFederal Rules of Bankruptcy Procedure

Rule1011

PART X[ABROGATED]

CitationFed. R. Bankr. P. 1011

This text of Fed. R. Bankr. P. 1011 (Responsive Pleading in an Involuntary Case; Effect of a Motion) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fed. R. Bankr. P. 1011.

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(a)WHO MAY CONTEST A PETITION. A debtor may contest an in- voluntary petition filed against it. In a partnership case under Rule 1004, a nonpetitioning general partner—or a person who is al- leged to be a general partner but denies the allegation—may con- test the petition.

(b)DEFENSES AND OBJECTIONS; TIME TO FILE. A defense or objec- tion to the petition must be presented as prescribed by Fed. R. Civ. P. 12. It must be filed and served within 21 days after the sum- mons is served. But if service is made by publication on a party or partner who does not reside in—or cannot be found in—the state where the court sits, the court must set the time to file and serve the answer.

(c)EFFECT OF A MOTION. Serving a motion under Fed. R. Civ. P. 12(b) extends the time to file and serve an answer as

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(a) WHO MAY CONTEST A PETITION. A debtor may contest an in-
voluntary petition filed against it. In a partnership case under
Rule 1004, a nonpetitioning general partner—or a person who is al-
leged to be a general partner but denies the allegation—may con-
test the petition.
(b) DEFENSES AND OBJECTIONS; TIME TO FILE. A defense or objec-
tion to the petition must be presented as prescribed by Fed. R.
Civ. P. 12. It must be filed and served within 21 days after the sum-
mons is served. But if service is made by publication on a party
or partner who does not reside in—or cannot be found in—the
state where the court sits, the court must set the time to file and
serve the answer.
(c) EFFECT OF A MOTION. Serving a motion under Fed. R. Civ. P.
12(b) extends the time to file and serve an answer as Fed. R. Civ.
P. 12(a) permits.
(d) LIMITATION ON ASSERTING A DEBTOR’S CLAIM AGAINST A PETI-
TIONING CREDITOR. A debtor’s answer must not assert a claim
against a petitioning creditor except to defeat the petition.

(e) LIMIT ON PLEADINGS. No pleading other than an answer to the
petition is allowed, but the court may order a reply to an answer
and set the time for filing and service.
(f) CORPORATE-OWNERSHIP STATEMENT. A corporation that re-
sponds to the petition must file a corporate-ownership statement
containing the information described in Rule 7007.1. The corpora-
tion must do so with its first appearance, pleading, motion, or re-
sponse, or other first request to the court.

Advisory Committee Notes

(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 26, 2004, eff. Dec. 1, 2004; Apr. 23, 2008, eff. Dec. 1, 2008; Mar. 26, 2009, eff. Dec. 1, 2009; Apr. 28, 2016, eff. Dec. 1, 2016; Apr. 2, 2024, eff. Dec. 1, 2024.)

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Advisory Committee Notes

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