Rule 4007 — Determining Whether a Debt Is Dischargeable

Fed. R. Bankr. P. 4007

• Source: Federal Rules of Bankruptcy Procedure
• Rule: 4007
• PART X: [ABROGATED]
• Citation: Fed. R. Bankr. P. 4007

Text

(a) WHO MAY FILE A COMPLAINT. A debtor or any creditor may
file a complaint to determine whether a debt is dischargeable.
(b) TIMETOFILE; NOFEEFORAREOPENEDCASE. A complaint, ex-
cept one under §523(c), may be filed at any time. If a case is re-
opened to permit filing the complaint, no fee for reopening is re-
quired.
(c) CHAPTER 7, 11, 12, OR 13—TIME TO FILE A COMPLAINT UNDER
§523(c); NOTICE OF TIME; EXTENSION. Except as (d) provides, a com-
plaint to determine whether a debt is dischargeable under §523(c)
must be filed within 60 days after the first date set for the §341(a)
meeting of creditors. The clerk must give all creditors at least 30
days’ notice of the time to file in the manner provided by Rule
2002. On a party in interest’s motion filed before the time expires,
the court may, after notice and a hearing and for cause, extend
the time to file.
(d) CHAPTER 13—TIME TO FILE A COMPLAINT UNDER §523(a)(6); NO-
TICE OF TIME; EXTENSION. When a debtor files a motion for a dis-
charge under §1328(b), the court must set the time to file a com-
plaint under §523(a)(6) to determine whether a debt is discharge-
able. The clerk must give all creditors at least 30 days’ notice of
the time to file in the manner provided by Rule 2002. On a party
in interest’s motion filed before the time expires, the court may,
after notice and a hearing and for cause, extend the time to file.

(e) APPLYING PART VII RULES. The Part VII rules govern a pro-
ceeding on a complaint filed under this Rule 4007.

Advisory Committee Notes

(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 1, 1991; Apr. 26, 1999, eff. Dec. 1, 1999; Apr. 23, 2008, eff. Dec. 1, 2008; Apr. 2, 2024, eff. Dec. 1, 2024.)