Federal Rules of Bankruptcy Procedure

Rule 7013 — Counterclaim and Crossclaim Fed. R. Civ. P. 13 applies in an adversary proceeding. But a party sued by a trustee or debtor in possession need not state as a coun- terclaim any claim the party has against the debtor, the debtor’s property, or the estate, unless the claim arose after the order for relief. If, through oversight, inadvertence, or excusable neglect, a trustee or debtor in possession fails to plead a counterclaim—or when justice so requires—the court may permit the trustee or debtor in possession to:

Fed. R. Bankr. P. 7013
SourceFederal Rules of Bankruptcy Procedure
Rule7013
PART X[ABROGATED]
CitationFed. R. Bankr. P. 7013

Fed. R. Bankr. P. 7013 (Counterclaim and Crossclaim Fed. R. Civ. P. 13 applies in an adversary proceeding. But a party sued by a trustee or debtor in possession need not state as a coun- terclaim any claim the party has against the debtor, the debtor’s property, or the estate, unless the claim arose after the order for relief. If, through oversight, inadvertence, or excusable neglect, a trustee or debtor in possession fails to plead a counterclaim—or when justice so requires—the court may permit the trustee or debtor in possession to:) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Bluebook
Fed. R. Bankr. P. 7013.

Text

(a)amend the pleading; or
(b)commence a new adversary proceeding or separate action.

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Advisory Committee Notes

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