Rule 9038 — Bankruptcy Rules Emergency

Fed. R. Bankr. P. 9038

• Source: Federal Rules of Bankruptcy Procedure
• Rule: 9038
• PART X: [ABROGATED]
• Citation: Fed. R. Bankr. P. 9038

Text

(a) CONDITIONS FOR AN EMERGENCY. The Judicial Conference of
the United States may declare a Bankruptcy Rules emergency if
it determines that extraordinary circumstances relating to public

health or safety, or affecting physical or electronic access to a
bankruptcy court, substantially impair the court’s ability to per-
form its functions in compliance with these rules.
(b) DECLARINGANEMERGENCY.
(1) Content. The declaration must:
(A) designate the bankruptcy court or courts affected;
(B) state any restrictions on the authority granted in (c);
and
(C) be limited to a stated period of no more than 90 days.
(2) Early Termination. The Judicial Conference may termi-
nate a declaration for one or more bankruptcy courts before
the termination date.
(3) Additional Declarations. The Judicial Conference may
issue additional declarations under this rule.
(c) TOLLINGANDEXTENDINGTIMELIMITS.
(1) In an Entire District or Division. When an emergency is in
effect for a bankruptcy court, the chief bankruptcy judge may,
for all cases and proceedings in the district or in a division:
(A) order the extension or tolling of a Bankruptcy Rule,
local rule, or order that requires or allows a court, a clerk,
a party in interest, or the United States trustee, by a spec-
ified deadline, to commence a proceeding, file or send a
document, hold or conclude a hearing, or take any other
action, despite any other Bankruptcy Rule, local rule, or
order; or
(B) order that, when a Bankruptcy Rule, local rule, or
order requires that an action be taken ‘‘promptly,’’ ‘‘forth-
with,’’ ‘‘immediately,’’ or ‘‘without delay,’’ it be taken as
soon as is practicable or by a date set by the court in a
specific case or proceeding.
(2) In a Specific Case or Proceeding. When an emergency is in
effect for a bankruptcy court, a presiding judge may take the
action described in (1) in a specific case or proceeding.
(3) When an Extension or Tolling Ends. A period extended or
tolled under (1) or (2) terminates on the later of:
(A) the last day of the time period as extended or tolled
or 30 days after the emergency declaration terminates,
whichever is earlier; or
(B) the last day of the time period originally required,
imposed, or allowed by the relevant Bankruptcy Rule,
local rule, or order that was extended or tolled.
(4) Further Extensions or Shortenings. A presiding judge may
lengthen or shorten an extension or tolling in a specific case
or proceeding. The judge may do so only for good cause after
notice and a hearing and only on the judge’s own motion or on
motion of a party in interest or the United States trustee.
(5) Exception. A time period imposed by statute may not be
extended or tolled.
(Added Apr. 24, 2023, eff. Dec. 1, 2023; amended Apr. 2, 2024, eff. Dec.
1, 2024.)
[PART X—UNITED STATES TRUSTEES] (Abrogated Apr. 30,
1991, eff. Aug. 1, 1991)
APPENDIX FEDERAL RULES OF BANKRUPTCY PROCEDURE 146
147 FEDERAL RULES OF BANKRUPTCY PROCEDURE APPENDIX

Advisory Committee Notes

(As added Apr. 26, 2018, eff. Dec. 1, 2018.)