Rule 5003 — Records to Be Kept by the Clerk

Fed. R. Bankr. P. 5003

• Source: Federal Rules of Bankruptcy Procedure
• Rule: 5003
• PART X: [ABROGATED]
• Citation: Fed. R. Bankr. P. 5003

Text

(a) BANKRUPTCY DOCKET. The clerk must keep a docket in each
case and must:
(1) enter on the docket each judgment, order, and activity,
as prescribed by the Director of the Administrative Office of
the United States Courts; and
(2) show the date of entry for each judgment or order.
(b) CLAIMS REGISTER. When it appears that there will be a dis-
tribution to unsecured creditors, the clerk must keep in a claims
register a list of the claims filed in the case.
(c) JUDGMENTSANDORDERS.
(1) In General. In the form and manner prescribed by the Di-
rector of the Administrative Office of the United States
Courts, the clerk must keep a copy of:
(A) every final judgment or order affecting title to, or a
lien on, real property;
(B) every final judgment or order for the recovery of
money or property; and
(C) any other order the court designates.
(2) Indexing with the District Court. On a prevailing party’s re-
quest, a copy of the following must be kept and indexed with
the district court’s civil judgments:
(A) every final judgment or order affecting title to, or a
lien on, real or personal property; and
(B) every final judgment or order for the recovery of
money or property.
(d) INDEXOFCASES; CERTIFICATEOFSEARCH.
(1) Index of Cases. The clerk must keep an index of cases and
adversary proceedings in the form and manner prescribed by
the Director of the Administrative Office of the United States
Courts.
(2) Searching the Index; Certificate of Search. On request, the
clerk must search the index and papers in the clerk’s custody
and certify whether:

(A) a case or proceeding has been filed in or transferred
to the court; or
(B) a discharge has been entered.
(e) REGISTER OF MAILING ADDRESSES OF FEDERAL AND STATE
GOVERNMENTALUNITSANDCERTAINTAXINGAUTHORITIES.
(1) In General. The United States—or a state or a territory
where the court is located—may file a statement designating
its mailing address. A taxing authority (including a local tax-
ing authority) may also file a statement designating an ad-
dress for serving requests under §505(b). The authority’s des-
ignation must describe where to find further information
about additional requirements for serving a request.
(2) Register of Mailing Address.
(A) In General. In the form and manner prescribed by the
Director of the Administrative Office of the United States
Courts, the clerk must keep a register of the mailing ad-
dresses of the governmental units listed in the first sen-
tence of (1) and a separate register containing the address-
es of taxing authorities for serving requests under §505(b).
(B) Number of Entries. The clerk need not include in any
register more than one mailing address for each depart-
ment, agency, or instrumentality of the United States or
the state or territory. But if more than one mailing ad-
dress is included, the clerk must also include information
that would enable a user to determine when each address
applies. Mailing to only one applicable address provides ef-
fective notice.
(C) Keeping the Register Current. The clerk must update
the register annually, as of January 2 of each year.
(D) Mailing Address Presumed to Be Proper. A mailing ad-
dress in the register is conclusively presumed to be proper.
But a failure to use that address does not invalidate a no-
tice that is otherwise effective under applicable law.
(f) OTHER BOOKS AND RECORDS. The clerk must keep any other
books and records required by the Director of the Administrative
Office of the United States Courts.

Advisory Committee Notes

(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 17, 2000, eff. Dec. 1, 2000; Apr. 23, 2008, eff. Dec. 1, 2008; Apr. 2, 2024, eff. Dec. 1, 2024.)