Rule 9033 — Proposed Findings of Fact and Conclusions of Law

Fed. R. Bankr. P. 9033

• Source: Federal Rules of Bankruptcy Procedure
• Rule: 9033
• PART X: [ABROGATED]
• Citation: Fed. R. Bankr. P. 9033

Text

(a) SERVICE. When a bankruptcy court issues proposed findings
of fact and conclusions of law, the clerk must promptly serve a
copy, by mail, on every party and must note the date of mailing
on the docket.
(b) OBJECTIONS; TIMETOFILE.
(1) Time to File. Within 14 days after being served, a party
may file and serve objections. They must identify each pro-
posed finding or conclusion objected to and state the grounds
for objecting. A party may respond to another party’s objec-
tions within 14 days after being served with a copy.
(2) Ordering a Transcript. Unless the district judge orders
otherwise, a party filing objections must promptly order a
transcript of the record, or the parts of it that all parties
agree are—or the bankruptcy judge considers to be—sufficient.
(3) Extending the Time. On request made before the time to
file objections expires, the bankruptcy judge may, for cause,
extend any party’s time to file for no more than 21 days after
the time otherwise expires. But a request made within 21 days
after that time expires may be granted upon a showing of ex-
cusable neglect.
(c) REVIEWBYTHEDISTRICTJUDGE. The district judge:
(1) must review de novo—on the record or after receiving ad-
ditional evidence—any part of the bankruptcy judge’s findings
of fact or conclusions of law to which specific written objec-
tion has been made under (b); and

(2) may accept, reject, or modify the proposed findings of
fact or conclusions of law, take additional evidence, or remand
the matter to the bankruptcy judge with instructions.
(Added Mar. 30, 1987, eff. Aug. 1, 1987; amended Mar. 26, 2009, eff.
Dec. 1, 2009; Apr. 28, 2016, eff. Dec. 1, 2016; Apr. 2, 2024, eff. Dec. 1,
2024.)