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Bankruptcy Code

Federal Rules of Bankruptcy Procedure [this page]

Local Rules (U.S. Bankruptcy Court index of local court rules sites)

Other Bankruptcy Information [including a flowchart under the Code]


Federal Rules of Bankruptcy Procedure (2006)
(incorporating revisions effective Dec. 1, 2006)


Federal Rules of Bankruptcy Procedure

Part I.  COMMENCEMENT OF CASE: PROCEEDINGS RELATING TO PETITION AND ORDER FOR RELIEF

Rule 1001. Scope of Rules and Forms; Short Title

Rule 1002. Commencement of Case

Rule 1003. Involuntary Petition

Rule 1004. Involuntary Petition Against a Partnership

Rule 1004.1 Petition for an Infant or Incompetent Person

Rule 1005. Caption of Petition

Rule 1006. Filing Fee

Rule 1007. Lists, Schedules and Statements; Time Limits

Rule 1008. Verification of Petitions and Accompanying Papers

Rule 1009. Amendments of Voluntary Petitions, Lists, Schedules and Statements

Rule 1010. Service of Involuntary Petition and Summons; Petition Commencing Ancillary Case

Rule 1011. Responsive Pleading or Motion in Involuntary and Ancillary Cases

Rule 1012. [Abrogated Mar. 30, 1987, eff. Aug. 1, 1987]

Rule 1013. Hearing and Disposition of Petition in Involuntary Cases

Rule 1014. Dismissal and Change of Venue

Rule 1015. Consolidation or Joint Administration of Cases Pending in Same Court

Rule 1016. Death or Incompetency of Debtor

Rule 1017. Dismissal or Conversion of Case; Suspension

Rule 1018. Contested Involuntary Petitions; Contested Petitions Commencing Ancillary Cases; Proceedings to Vacate Order for Relief; Applicability of Rules in Part VII Governing Adversary Proceedings

Rule 1019. Conversion of Chapter 11 Reorganization Case, Chapter 12 Family Farmer's Debt Adjustment Case, or Chapter 13 Individual's Debt Adjustment Case to Chapter 7 Liquidation Case

Rule 1020. Election to be Considered a Small Business in a Chapter 11 Reorganization Case

PART II. OFFICERS AND ADMINISTRATION; NOTICES; MEETINGS; EXAMINATIONS; ELECTIONS; ATTORNEYS AND ACCOUNTANTS

Rule 2001. Appointment of Interim Trustee Before Order for Relief in a Chapter 7 Liquidation Case

Rule 2002. Notices to Creditors, Equity Security Holders, United States, and United States Trustee

Rule 2003. Meeting of Creditors or Equity Security Holders

Rule 2004. Examination

Rule 2005. Apprehension and Removal of Debtor to Compel Attendance for Examination

Rule 2006. Solicitation and Voting of Proxies in Chapter 7 Liquidation Cases

Rule 2007. Review of Appointment of Creditors' Committee Organized Before Commencement of the Case

Rule 2007.1. Appointment of Trustee or Examiner in a Chapter 11 Reorganization Case

Rule 2008. Notice to Trustee of Selection

Rule 2009. Trustees for Estates When Joint Administration Ordered

Rule 2010. Qualification by Trustee; Proceeding on Bond

Rule 2011. Evidence of Debtor in Possession or Qualification of Trustee
Rule 2012. Substitution of Trustee or Successor Trustee; Accounting

Rule 2013. Public Record of Compensation Awarded to Trustees, Examiners, and Professionals

Rule 2014. Employment of Professional Persons

Rule 2015. Duty to Keep Records, Make Reports, and Give Notice of Case

Rule 2016. Compensation for Services Rendered and Reimbursement of Expenses

Rule 2017. Examination of Debtor's Transactions with Debtor's Attorney
Rule 2018. Intervention; Right to Be Heard

Rule 2019. Representation of Creditors and Equity Security Holders in Chapter 9 Municipality and Chapter 11 Reorganization Cases

Rule 2020. Review of Acts by United States Trustee

PART III. CLAIMS AND DISTRIBUTION TO CREDITORS AND EQUITY INTEREST HOLDERS; PLANS

Rule 3001. Proof of Claim

Rule 3002. Filing Proof of Claim or Interest

Rule 3003. Filing Proof of Claim or Equity Security Interest in Chapter 9 Municipality or Chapter 11 Reorganization Cases

Rule 3004. Filing of Claims by Debtor or Trustee

Rule 3005. Filing of Claim, Acceptance, or Rejection By Guarantor, Surety, Indorser, or Other Codebtor

Rule 3006. Withdrawal of Claim; Effect on Acceptance or Rejection of Plan

Rule 3007. Objections to Claims

Rule 3008. Reconsideration of Claims

Rule 3009. Declaration and Payment of Dividends in a Chapter 7 Liquidation Case

Rule 3010. Small Dividends and Payments in Chapter 7 Liquidation, Chapter 12 Family Farmer's Debt Adjustment, and Chapter 13 Individual's Debt Adjustment Cases

Rule 3011. Unclaimed Funds in Chapter 7 Liquidation, Chapter 12 Family Farmer's Debt Adjustment, and Chapter 13 Individual's Debt Adjustment Cases

Rule 3012. Valuation of Security

Rule 3013. Classification of Claims and Interests

Rule 3014. Election Under 1111(b) by Secured Creditor in Chapter 9 Municipality or Chapter 11 Reorganization Case

Rule 3015. Filing, Objection to Confirmation, and Modification of a Plan in a Chapter 12 Family Farmer's Debt Adjustment or a Chapter 13 Individual's Debt Adjustment Case

Rule 3016. Filing of Plan and Disclosure Statement in a Chapter 9 Municipality or Chapter 11 Reorganization Case

Rule 3017. Court Consideration of Disclosure Statement in a Chapter 9 Municipality or Chapter 11 Reorganization Case

Rule 3017.1. Court Consideration of Disclosure Statement in a Small Business Case

Rule 3018. Acceptance or Rejection of Plan in a Chapter 9 Municipality or a Chapter 11 Reorganization Case

Rule 3019. Modification of Accepted Plan Before Confirmation in a Chapter 9 Municipality or Chapter 11 Reorganization Case

Rule 3020. Deposit; Confirmation of Plan in a Chapter 9 Municipality or Chapter 11 Reorganization Case

Rule 3021. Distribution Under Plan

Rule 3022. Final Decree in Chapter 11 Reorganization Case

PART IV. THE DEBTOR: DUTIES AND BENEFITS

Rule 4001. Relief from Automatic Stay; Prohibiting or Conditioning the Use, Sale, or Lease of Property; Use of Cash Collateral; Obtaining Credit; Agreements

Rule 4002. Duties of Debtor

Rule 4003. Exemptions

Rule 4004. Grant or Denial of Discharge

Rule 4005. Burden of Proof in Objecting to Discharge

Rule 4006. Notice of No Discharge

Rule 4007. Determination of Dischargeability of a Debt

Rule 4008. Discharge and Reaffirmation Hearing

PART V. BANKRUPTCY COURTS AND CLERKS

Rule 5001. Courts and Clerks' Offices

Rule 5002. Restrictions on Appointments

Rule 5003. Records Kept By the Clerk

Rule 5004. Disqualification

Rule 5005. Filing and Transmittal of Papers

Rule 5006. Certification of Copies of Papers

Rule 5007. Record of Proceedings and Transcripts.

Rule 5008. [Abrogated].

Rule 5009. Closing Chapter 7 Liquidation, Chapter 12 Family Farmer's Debt Adjustment, and Chapter 13 Individual's Debt Adjustment Cases

Rule 5010. Reopening Cases

Rule 5011. Withdrawal and Abstention from Hearing a Proceeding

PART VI. COLLECTION AND LIQUIDATION OF THE ESTATE

Rule 6001. Burden of Proof as to Validity of Postpetition Transfer

Rule 6002. Accounting by Prior Custodian of Property of the Estate

Rule 6004. Use, Sale, or Lease of Property

Rule 6005. Appraisers and Auctioneers

Rule 6006. Assumption, Rejection and Assignment of Executory Contracts and Unexpired Leases

Rule 6007. Abandonment or Disposition of Property

Rule 6008. Redemption of Property from Lien or Sale

Rule 6009. Prosecution and Defense of Proceedings by Trustee or Debtor in Possession

Rule 6010. Proceeding to Avoid Indemnifying Lien or Transfer to Surety

PART VII. ADVERSARY PROCEEDINGS

Rule 7001. Scope of Rules of Part VII

Rule 7002. References to Federal Rules of Civil Procedure

Rule 7003. Commencement of Adversary Proceeding

Rule 7004. Process; Service of Summons, Complaint

Rule 7005. Service and Filing of Pleadings and Other Papers

Rule 7007. Pleadings Allowed

Rule 7008. General Rules of Pleading

Rule 7009. Pleading Special Matters

Rule 7010. Form of Pleadings

Rule 7012. Defenses and Objections--When and How Presented--By Pleading or Motion--Motion for Judgment on the Pleadings

Rule 7013. Counterclaim and Cross-Claim

Rule 7014. Third-Party Practice

Rule 7015. Amended and Supplemental Pleadings

Rule 7016. Pre-Trial Procedure; Formulating Issues

Rule 7017. Parties Plaintiff and Defendant; Capacity

Rule 7018. Joinder of Claims and Remedies

Rule 7019. Joinder of Persons Needed for Just Determination

Rule 7020. Permissive Joinder of Parties

Rule 7021. Misjoinder and Non-Joinder of Parties

Rule 7022. Interpleader

Rule 7023. Class proceedings

Rule 7023.1. Derivative Proceedings by Shareholders

Rule 7023.2. Adversary Proceedings Relating to Unincorporated Associations

Rule 7024. Intervention

Rule 7025. Substitution of Parties

Rule 7026. General Provisions Governing Discovery

Rule 7027. Depositions Before Adversary Proceedings or Pending Appeal

Rule 7028. Persons Before Whom Depositions May be Taken

Rule 7029. Stipulations Regarding Discovery Procedure

Rule 7030. Depositions Upon Oral Examination

Rule 7031. Deposition Upon Written Questions

Rule 7032. Use of Depositions in Adversary Proceedings

Rule 7033. Interrogatories to Parties

Rule 7034. Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes

Rule 7035. Physical and Mental Examination of Persons

Rule 7036. Requests for Admission

Rule 7037. Failure to Make Discovery: Sanctions

Rule 7040. Assignment of Cases for Trial

Rule 7041. Dismissal of Adversary Proceedings

Rule 7042. Consolidation of Adversary Proceedings; Separate Trials

Rule 7052. Findings by the Court

Rule 7054. Judgments; Costs

Rule 7055. Default

Rule 7056. Summary Judgment

Rule 7062. Stay of Proceedings to Enforce a Judgment

Rule 7064. Seizure of Person or Property

Rule 7065. Injunctions

Rule 7067. Deposit in Court

Rule 7068. Offer of Judgment

Rule 7069. Execution

Rule 7070. Judgment for Specific Acts; Vesting Title

Rule 7071. Process in Behalf of and Against Persons Not Parties

Rule 7087. Transfer of Adversary Proceeding

PART VIII. APPEALS TO DISTRICT COURT OR BANKRUPTCY APPELLATE PANEL

Rule 8001. Manner of Taking Appeal; Voluntary Dismissal

Rule 8002. Time for Filing Notice of Appeal

Rule 8003. Leave to Appeal

Rule 8004. Service of the Notice of Appeal

Rule 8005. Stay Pending Appeal

Rule 8006. Record and Issues on Appeal

Rule 8007. Completion and Transmission of the Record; Docketing of the Appeal

Rule 8008. Filing and Service

Rule 8009. Briefs and Appendix; Filing and Service

Rule 8010. Form of Briefs; Length

Rule 8011. Motions

Rule 8012. Oral Argument

Rule 8013. Disposition of Appeal; Weight Accorded Bankruptcy Judge's Findings of Fact

Rule 8014. Costs

Rule 8015. Motion for Rehearing

Rule 8016. Duties of Clerk of District Court and Bankruptcy Appellate Panel

Rule 8017. Stay of Judgment of District Court or Bankruptcy Appellate Panel

Rule 8018. Rules by Circuit Councils and District Courts; Procedure When There is No Controlling Law

Rule 8019. Suspension of Rules in Part VIII

Rule 8020. Damages and Costs for Frivolous Appeal

PART IX. GENERAL PROVISIONS

Rule 9001. General Definitions

Rule 9002. Meanings of Words in the Federal Rules of Civil Procedure When Applicable to Cases Under The Code

Rule 9003. Prohibition of Ex Parte Contacts

Rule 9004. General Requirements of Form

Rule 9005. Harmless Error

Rule 9006. Time

Rule 9007. General Authority to Regulate Notices

Rule 9008. Service or Notice by Publication

Rule 9009. Forms

Rule 9010. Representation and Appearances; Powers of Attorney

Rule 9011. Signing of Papers; Representations to the Court; Sanctions; Verification and Copies of Papers

Rule 9012. Oaths and Affirmations

Rule 9013. Motions: Form and Service

Rule 9014. Contested Matters

Rule 9015. Jury Trials

Rule 9016. Subpoena

Rule 9017. Evidence

Rule 9018. Secret Confidential, Scandalous, or Defamatory Matter

Rule 9019. Compromise and Arbitration

Rule 9020. Contempt Proceedings

Rule 9021. Entry of Judgment

Rule 9022. Notice of Judgment or Order

Rule 9023. New Trials; Amendment of Judgments

Rule 9024. Relief from Judgment or Order

Rule 9025. Security: Proceedings Against Sureties

Rule 9026. Exceptions Unnecessary

Rule 9027. Removal

Rule 9028. Disability of a Judge

Rule 9029. Local Bankruptcy Rules; Procedure When There is No Controlling Law

Rule 9030. Jurisdiction and Venue Unaffected

Rule 9031. Masters Not Authorized

Rule 9032. Effect of Amendment of Federal Rules of Civil Procedure

Rule 9033. Review of Proposed Findings of Fact and Conclusions of Law in Non-Core Proceedings

Rule 9034. Transmittal of Pleadings, Motion Papers, Objections, and Other Papers to the United States Trustee

Rule 9035. Applicability of Rules in Judicial Districts in Alabama and North Carolina

Rule 9036. Notice by electronic transmission

PART X. UNITED STATES TRUSTEES [ABROGATED]


 






This page originated 4/15/05; last revised: 10/29/07.