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

Fed. R. Bankr. P. 5009

• Source: Federal Rules of Bankruptcy Procedure
• Rule: 5009
• PART X: [ABROGATED]
• Citation: Fed. R. Bankr. P. 5009

Text

(a) CLOSING A CHAPTER 7, 12, OR 13 CASE. The estate in a Chapter
7, 12, or 13 case is presumed to have been fully administered when:
(1) the trustee has filed a final report and final account and
has certified that the estate has been fully administered; and
(2) within 30 days after the filing, no objection to the report
has been filed by the United States trustee or a party in inter-
est.
(b) CHAPTER 7 OR 13—NOTICE OF A FAILURE TO FILE A CERTIFICATE
OF COMPLETION FOR A COURSE ON PERSONAL FINANCIAL MANAGE-
MENT. This subdivision (b) applies if an individual debtor in a
Chapter 7 or 13 case is required to file a certificate under Rule
1007(b)(7) and fails to do so within 45 days after the first date set
for the meeting of creditors under §341(a). The clerk must prompt-
ly notify the debtor that the case will be closed without entering
a discharge if the certificate is not filed within the time pre-
scribed by Rule 1007(c).
(c) CLOSINGACHAPTER15 CASE.
(1) Foreign Representative’s Final Report. In a proceeding rec-
ognized under §1517, when the purpose of a foreign representa-
tive’s appearance is completed, the representative must file a
final report describing the nature and results of the represent-
ative’s activities in the court.
(2) Giving Notice of the Report. The representative must send
a copy of the report to the United States trustee, give notice
of its filing, and file a certificate indicating that the notice
has been given to:
(A) the debtor;
(B) all persons or bodies authorized to administer the
debtor’s foreign proceedings;
(C) all parties to litigation pending in the United States
in which the debtor was a party when the petition was
filed; and
(D) any other entity the court designates.
(3) Presumption of Full Administration. If the United States
trustee or a party in interest does not file an objection within
30 days after the certificate is filed, the case is presumed to
have been fully administered.

(d) Order Declaring a Lien Satisfied.1 This subdivision (d) applies
in a Chapter 12 or 13 case when a claim secured by property of the
estate is subject to a lien under applicable nonbankruptcy law.
The debtor may move for an order declaring that the secured
claim has been satisfied and the lien has been released under the
terms of the confirmed plan. The motion must be served—in the
manner provided by Rule 7004 for serving a summons and com-
plaint—on the claim holder and any other entity the court des-
ignates.

Advisory Committee Notes

(As amended Apr. 30, 1991, eff. Aug. 1, 1991; Apr. 28, 2010, eff. Dec. 1, 2010; Apr. 16, 2013, eff. Dec. 1, 2013; Apr. 27, 2017, eff. Dec. 1, 2017; Apr. 2, 2024, eff. Dec. 1, 2024.)