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

Fed. R. Bankr. P. 7012

• Source: Federal Rules of Bankruptcy Procedure
• Rule: 7012
• PART X: [ABROGATED]
• Citation: Fed. R. Bankr. P. 7012

Text

(a) TIME TO SERVE. The time to serve a responsive pleading is as
follows:
(1) Answer to a Complaint in General. A defendant must serve
an answer to a complaint within 30 days after the summons
was issued, unless the court sets a different time.
(2) Answer to a Complaint Served by Publication or on a Party
in a Foreign Country. The court must set the time to serve an
answer to a complaint served by publication or served on a
party in a foreign country.
(3) Answer to a Crossclaim. A party served with a pleading
that states a crossclaim must serve an answer to the
crossclaim within 21 days after being served.
(4) Answer to a Counterclaim. A plaintiff served with an an-
swer that contains a counterclaim must serve an answer to
the counterclaim within 21 days after service of:
(A) the answer; or

(B) a court order requiring an answer, unless the order
states otherwise.
(5) Answer to a Complaint or Crossclaim—or Answer to a Coun-
terclaim—Served on the United States or an Officer or Agency. The
United States or its officer or agency must serve:
(A) an answer to a complaint within 35 days after the
summons was issued; and
(B) an answer to a crossclaim or a counterclaim within
35 days after the United States attorney is served with the
pleading that asserts the claim.
(6) Effect of a Motion. Unless the court sets a different time,
serving a motion under this rule alters these times as follows:
(A) if the court denies the motion or postpones disposi-
tion until trial, the responsive pleading must be served
within 14 days after notice of the court’s action; or
(B) if the court grants a motion for a more definite
statement, the responsive pleading must be served within
14 days after the statement is served.
(b) APPLICABILITY OF CIVIL RULE 12(b)–(i). Fed. R. Civ. P. 12(b)–(i)
applies in an adversary proceeding. A responsive pleading must
state whether the party does or does not consent to the entry of
final orders or judgment by the bankruptcy court.

Advisory Committee Notes

(As amended Mar. 30, 1987, eff. Aug. 1, 1987; 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.)