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PART VII--ADVERSARY PROCEEDINGS
Rule 7001. Scope of Rules of Part VII
An adversary proceeding is governed by the rules of this Part VII. It is a
proceeding (1) to recover money or property, except a proceeding to compel the
debtor to deliver property to the trustee, or a proceeding under § 554(b) or
§ 725 of the Code, Rule 2017, or Rule 6002, (2) to determine the validity,
priority, or extent of a lien or other interest in property, other than a
proceeding under Rule 4003(d), (3) to obtain approval pursuant to § 363(h)
for the sale of both the interest of the estate and of a co-owner in property,
(4) to object to or revoke a discharge, (5) to revoke an order of confirmation
of a chapter 11, chapter 12, or chapter 13 plan, (6) to determine the
dischargeability of a debt, (7) to obtain an injunction or other equitable
relief, (8) to subordinate any allowed claim or interest, except when
subordination is provided in a chapter 9, 11, 12, or 13 plan, (9) to obtain a
declaratory judgment relating to any of the foregoing, or (10) to determine a
claim or cause of action removed pursuant to 28 U.S.C. § 1452.
Rule 7002. References to Federal Rules of Civil
Procedure
Whenever a Federal Rule of Civil Procedure applicable to adversary
proceedings makes reference to another Federal Rule of Civil Procedure, the
reference shall be read as a reference to the Federal Rule of Civil Procedure
as modified in this Part VII.
Rule 7003. Commencement of Adversary Proceeding
Rule 3 F.R.Civ.P. applies in adversary proceedings.
Rule 7004. Process; Service of Summons, Complaint
(a) Summons; service; proof of service.
(1) Except as provided in Rule 7004(a)(2), Rule 4(a), (b), (c)(1),
(d)(1), (e)-(j), (l), and (m) F.R.Civ.P. applies in adversary proceedings.
Personal service under Rule 4(e)-(j) F.R.Civ.P. may be made by any person at
least 18 years of age who is not a party, and the summons may be delivered
by the clerk to any such person.
(2) The clerk may sign, seal, and issue a summons electronically by
putting an "s/" before the clerk's name and including the court's
seal on the summons.
(b) Service by first class mail. Except as provided in subdivision
(h), in addition to the methods of service authorized by Rule 4(e) -(j)
F.R.Civ.P., service may be made within the United States by first class mail
postage prepaid as follows:
(1) Upon an individual other than an infant or incompetent, by mailing a
copy of the summons and complaint to the individual's dwelling house or
usual place of abode or to the place where the individual regularly conducts
a business or profession.
(2) Upon an infant or an incompetent person, by mailing a copy of the
summons and complaint to the person upon whom process is prescribed to be
served by the law of the state in which service is made when an action is
brought against such a defendant in the courts of general jurisdiction of
that state. The summons and complaint in that case shall be addressed to the
person required to be served at that person's dwelling house or usual place
of abode or at the place where the person regularly conducts a business or
profession.
(3) Upon a domestic or foreign corporation or upon a partnership or other
unincorporated association, by mailing a copy of the summons and complaint
to the attention of an officer, a managing or general agent, or to any other
agent authorized by appointment or by law to receive service of process and,
if the agent is one authorized by statute to receive service and the statute
so requires, by also mailing a copy to the defendant.
(4) Upon the United States, by mailing a copy of the summons and
complaint addressed to the civil process clerk at the office of the United
States attorney for the district in which the action is brought and by
mailing a copy of the summons and complaint to the Attorney General of the
United States at Washington, District of Columbia, and in any action
attacking the validity of an order of an officer or an agency of the United
States not made a party, by also mailing a copy of the summons and complaint
to that officer or agency. The court shall allow a reasonable time for
service pursuant to this subdivision for the purpose of curing the failure
to mail a copy of the summons and complaint to multiple officers, agencies,
or corporations of the United States if the plaintiff has mailed a copy of
the summons and complaint either to the civil process clerk at the office of
the United States attorney or to the Attorney General of the United States.
(5) Upon any officer or agency of the United States, by mailing a copy of
the summons and complaint to the United States as prescribed in paragraph
(4) of this subdivision and also to the officer or agency. If the agency is
a corporation, the mailing shall be as prescribed in paragraph (3) of this
subdivision of this rule. The court shall allow a reasonable time for
service pursuant to this subdivision for the purpose of curing the failure
to mail a copy of the summons and complaint to multiple officers, agencies,
or corporations of the United States if the plaintiff has mailed a copy of
the summons and complaint either to the civil process clerk at the office of
the United States attorney or to the Attorney General of the United States.
If the United States trustee is the trustee in the case and service is made
upon the United States trustee solely as trustee, service may be made as
prescribed in paragraph (10) of this subdivision of this rule.
(6) Upon a state or municipal corporation or other governmental
organization thereof subject to suit, by mailing a copy of the summons and
complaint to the person or office upon whom process is prescribed to be
served by the law of the state in which service is made when an action is
brought against such a defendant in the courts of general jurisdiction of
that state, or in the absence of the designation of any such person or
office by state law, then to the chief executive officer thereof.
(7) Upon a defendant of any class referred to in paragraph (1) or (3) of
this subdivision of this rule, it is also sufficient if a copy of the
summons and complaint is mailed to the entity upon whom service is
prescribed to be served by any statute of the United States or by the law of
the state in which service is made when an action is brought against such a
defendant in the court of general jurisdiction of that state.
(8) Upon any defendant, it is also sufficient if a copy of the summons
and complaint is mailed to an agent of such defendant authorized by
appointment or by law to receive service of process, at the agent's dwelling
house or usual place of abode or at the place where the agent regularly
carries on a business or profession and, if the authorization so requires,
by mailing also a copy of the summons and complaint to the defendant as
provided in this subdivision.
(9) Upon the debtor, after a petition has been filed by or served upon
the debtor and until the case is dismissed or closed, by mailing a copy of
the summons and complaint to the debtor at the address shown in the petition
or statement of affairs or to such other address as the debtor may designate
in a filed writing and, if the debtor is represented by an attorney, to the
attorney at the attorney's post-office address.
(10) Upon the United States trustee, when the United States trustee is
the trustee in the case and service is made upon the United States trustee
solely as trustee, by mailing a copy of the summons and complaint to an
office of the United States trustee or another place designated by the
United States trustee in the district where the case under the Code is
pending.
(c) Service by publication. If a party to an adversary proceeding to
determine or protect rights in property in the custody of the court cannot be
served as provided in Rule 4(e)-(j) F.R.Civ.P. or subdivision (b) of this
rule, the court may order the summons and complaint to be served by mailing
copies thereof by first class mail, postage prepaid, to the party's last known
address, and by at least one publication in such manner and form as the court
may direct.
(d) Nationwide service of process. The summons and complaint and all
other process except a subpoena may be served anywhere in the United States.
(e) Summons: time limit for service. If service is made pursuant to
Rule 4(e)-(j) F.R.Civ.P. it shall be made by delivery of the summons and
complaint within 10 days following issuance of the summons. If service is made
by any authorized form of mail, the summons and complaint shall be deposited
in the mail within 10 days following issuance of the summons. If a summons is
not timely delivered or mailed, another summons shall be issued and served.
(f) Personal jurisdiction. If the exercise of jurisdiction is
consistent with the Constitution and laws of the United States, serving a
summons or filing a waiver of service in accordance with this rule or the
subdivisions of Rule 4 F.R.Civ.P. made applicable by these rules is effective
to establish personal jurisdiction over the person of any defendant with
respect to a case under the Code or a civil proceeding arising under the Code,
or arising in or related to a case under the Code.
(g) [Abrogated]
(h) Service of process on an insured depository institution. Service
on an insured depository institution (as defined in section 3 of the Federal
Deposit Insurance Act) in a contested matter or adversary proceeding shall be
made by certified mail addressed to an officer of the institution unless--
(1) the institution has appeared by its attorney, in which case the
attorney shall be served by first class mail;
(2) the court orders otherwise after service upon the institution by
certified mail of notice of an application to permit service on the
institution by first class mail sent to an officer of the institution
designated by the institution; or
(3) the institution has waived in writing its entitlement to service by
certified mail by designating an officer to receive service.
Rule 7005. Service and Filing of Pleadings and Other
Papers
Rule 5 F.R.Civ.P. applies in adversary proceedings.
Rule 7007. Pleadings Allowed
Rule 7 F.R.Civ.P. applies in adversary proceedings.
Rule 7007.1. Corporate Ownership Statement
(a) Required disclosure. Any corporation that is a party to an
adversary proceeding, other than the debtor or a governmental unit, shall file
two copies of a statement that identifies any corporation, other than a
governmental unit, that directly or indirectly owns 10% or more of any class
of the corporation�s equity interests, or states that there are no
entities to report under this subdivision.
(b) Time for filing. A party shall file the statement required under
Rule 7007.1(a) with its first pleading in an adversary proceeding. A party
shall file a supplemental statement promptly upon any change in circumstances
that this rule requires the party to identify or disclose.
Rule 7008. General Rules of Pleading
(a) Applicability of Rule 8 F.R.Civ.P. Rule 8 F.R.Civ.P. applies in
adversary proceedings. The allegation of jurisdiction required by Rule 8(a)
shall also contain a reference to the name, number, and chapter of the case
under the Code to which the adversary proceeding relates and to the district
and division where the case under the Code is pending. In an adversary
proceeding before a bankruptcy judge, the complaint, counterclaim,
cross-claim, or third-party complaint shall contain a statement that the
proceeding is core or non-core and, if non-core, that the pleader does or does
not consent to entry of final orders or judgment by the bankruptcy judge.
(b) Attorney's fees. A request for an award of attorney's fees shall
be pleaded as a claim in a complaint, cross-claim, third-party complaint,
answer, or reply as may be appropriate.
Rule 7009. Pleading Special Matters
Rule 9 F.R.Civ.P. applies in adversary proceedings.
Rule 7010. Form of Pleadings
Rule 10 F.R.Civ.P. applies in adversary proceedings, except that the
caption of each pleading in such a proceeding shall conform substantially to
the appropriate Official Form.
Rule 7012. Defenses and Objections--When and How
Presented--By Pleading or Motion--Motion for Judgment on the Pleadings
(a) When presented. If a complaint is duly served, the defendant
shall serve an answer within 30 days after the issuance of the summons, except
when a different time is prescribed by the court. The court shall prescribe
the time for service of the answer when service of a complaint is made by
publication or upon a party in a foreign country. A party served with a
pleading stating a cross-claim shall serve an answer thereto within 20 days
after service. The plaintiff shall serve a reply to a counterclaim in the
answer within 20 days after service of the answer or, if a reply is ordered by
the court, within 20 days after service of the order, unless the order
otherwise directs. The United States or an officer or agency thereof shall
serve an answer to a complaint within 35 days after the issuance of the
summons, and shall serve an answer to a cross-claim, or a reply to a
counterclaim, within 35 days after service upon the United States attorney of
the pleading in which the claim is asserted. The service of a motion permitted
under this rule alters these periods of time as follows, unless a different
time is fixed by order of the court: (1) if the court denies the motion or
postpones its disposition until the trial on the merits, the responsive
pleading shall be served within 10 days after notice of the court's action;
(2) if the court grants a motion for a more definite statement, the responsive
pleading shall be served within 10 days after the service of a more definite
statement.
(b) Applicability of Rule 12(b)-(h) F.R.Civ.P. Rule 12(b)-(h)
F.R.Civ.P. applies in adversary proceedings. A responsive pleading shall admit
or deny an allegation that the proceeding is core or non- core. If the
response is that the proceeding is non-core, it shall include a statement that
the party does or does not consent to entry of final orders or judgment by the
bankruptcy judge. In non-core proceedings final orders and judgments shall not
be entered on the bankruptcy judge's order except with the express consent of
the parties.
Rule 7013. Counterclaim and Cross-Claim
Rule 13 F.R.Civ.P. applies in adversary proceedings, except that a party
sued by a trustee or debtor in possession need not state as a counterclaim any
claim that the party has against the debtor, the debtor's property, or the
estate, unless the claim arose after the entry of an order for relief. A
trustee or debtor in possession who fails to plead a counterclaim through
oversight, inadvertence, or excusable neglect, or when justice so requires,
may by leave of court amend the pleading, or commence a new adversary
proceeding or separate action.
Rule 7014. Third-Party Practice
Rule 14 F.R.Civ.P. applies in adversary proceedings.
Rule 7015. Amended and Supplemental Pleadings
Rule 15 F.R.Civ.P. applies in adversary proceedings.
Rule 7016. Pre-Trial Procedure; Formulating Issues
Rule 16 F.R.Civ.P. applies in adversary proceedings.
Rule 7017. Parties Plaintiff and Defendant; Capacity
Rule 17 F.R.Civ.P. applies in adversary proceedings, except as provided in
Rule 2010(b).
Rule 7018. Joinder of Claims and Remedies
Rule 18 F.R.Civ.P. applies in adversary proceedings.
Rule 7019. Joinder of Persons Needed for Just
Determination
Rule 19 F.R.Civ.P. applies in adversary proceedings, except that
(1) if an entity joined as a party raises the defense that the court
lacks jurisdiction over the subject matter and the defense is sustained, the
court shall dismiss such entity from the adversary proceeding and
(2) if an entity joined as a party properly and timely raises the defense
of improper venue, the court shall determine, as provided in 28 U.S.C. §
1412, whether that part of the proceeding involving the joined party shall
be transferred to another district, or whether the entire adversary
proceeding shall be transferred to another district.
Rule 7020. Permissive Joinder of Parties
Rule 20 F.R.Civ.P. applies in adversary proceedings.
Rule 7021. Misjoinder and Non-Joinder of Parties
Rule 21 F.R.Civ.P. applies in adversary proceedings.
Rule 7022. Interpleader
Rule 22(1) F.R.Civ.P. applies in adversary proceedings.
Rule 7023. Class proceedings
Rule 23 F.R.Civ.P. applies in adversary proceedings.
Rule 7023.1. Derivative Proceedings by Shareholders
Rule 23.1 F.R.Civ.P. applies in adversary proceedings.
Rule 7023.2. Adversary Proceedings Relating to
Unincorporated Associations
Rule 23.2 F.R.Civ.P. applies in adversary proceedings.
Rule 7024. Intervention
Rule 24 F.R.Civ.P. applies in adversary proceedings.
Rule 7025. Substitution of Parties
Subject to the provisions of Rule 2012, Rule 25 F.R.Civ.P. applies in
adversary proceedings.
Rule 7026. General Provisions Governing Discovery
Rule 26 F.R.Civ.P. applies in adversary proceedings.
Rule 7027. Depositions Before Adversary Proceedings or
Pending Appeal
Rule 27 F.R.Civ.P. applies to adversary proceedings.
Rule 7028. Persons Before Whom Depositions May be Taken
Rule 28 F.R.Civ.P. applies in adversary proceedings.
Rule 7029. Stipulations Regarding Discovery Procedure
Rule 29 F.R.Civ.P. applies in adversary proceedings.
Rule 7030. Depositions Upon Oral Examination
Rule 30 F.R.Civ.P. applies in adversary proceedings.
Rule 7031. Deposition Upon Written Questions
Rule 31 F.R.Civ.P. applies in adversary proceedings.
Rule 7032. Use of Depositions in Adversary Proceedings
Rule 32 F.R.Civ.P. applies in adversary proceedings.
Rule 7033. Interrogatories to Parties
Rule 33 F.R.Civ.P. applies in adversary proceedings.
Rule 7034. Production of Documents and Things and Entry
Upon Land for Inspection and Other Purposes
Rule 34 F.R.Civ.P. applies in adversary proceedings.
Rule 7035. Physical and Mental Examination of Persons
Rule 35 F.R.Civ.P. applies in adversary proceedings.
Rule 7036. Requests for Admission
Rule 36 F.R.Civ.P. applies in adversary proceedings.
Rule 7037. Failure to Make Discovery: Sanctions
Rule 37 F.R.Civ.P. applies in adversary proceedings.
Rule 7040. Assignment of Cases for Trial
Rule 40 F.R.Civ.P. applies in adversary proceedings.
Rule 7041. Dismissal of Adversary Proceedings
Rule 41 F.R.Civ.P. applies in adversary proceedings, except that a
complaint objecting to the debtor's discharge shall not be dismissed at the
plaintiff's instance without notice to the trustee, the United States trustee,
and such other persons as the court may direct, and only on order of the court
containing terms and conditions which the court deems proper.
Rule 7042. Consolidation of Adversary Proceedings;
Separate Trials
Rule 42 F.R.Civ.P. applies in adversary proceedings.
Rule 7052. Findings by the Court
Rule 62 F.R.Civ.P. applies in adversary proceedings.
Rule 7054. Judgments; Costs
(a) Judgments. Rule 54(a)-(c) F.R.Civ.P. applies in adversary
proceedings.
(b) Costs. The court may allow costs to the prevailing party except
when a statute of the United States or these rules otherwise provides. Costs
against the United States, its officers and agencies shall be imposed only to
the extent permitted by law. Costs may be taxed by the clerk on one day's
notice; on motion served within five days thereafter, the action of the clerk
may be reviewed by the court.
Rule 7055. Default
Rule 55 F.R.Civ.P. applies in adversary proceedings.
Rule 7056. Summary Judgment
Rule 56 F.R.Civ.P. applies in adversary proceedings.
Rule 7062. Stay of Proceedings to Enforce a Judgment
Rule 62 F.R.Civ.P. applies in adversary proceedings. An order granting
relief from an automatic stay provided by § 362, § 922, § 1201, or § 1301
of the Code, an order authorizing or prohibiting the use of cash collateral or
the use, sale or lease of property of the estate under § 363, an order
authorizing the trustee to obtain credit pursuant to § 364, and an order
authorizing the assumption or assignment of an executory contract or unexpired
lease pursuant to § 365 shall be additional exceptions to Rule 62(a).
Rule 7064. Seizure of Person or Property
Rule 64 F.R.Civ.P. applies in adversary proceedings.
Rule 7065. Injunctions
Rule 65 F.R.Civ.P. applies in adversary proceedings, except that a
temporary restraining order or preliminary injunction may be issued on
application of a debtor, trustee, or debtor in possession without compliance
with Rule 65(c).
Rule 7067. Deposit in Court
Rule 67 F.R.Civ.P. applies in adversary proceedings.
Rule 7068. Offer of Judgment
Rule 68 F.R.Civ.P. applies in adversary proceedings.
Rule 7069. Execution
Rule 69 F.R.Civ.P. applies in adversary proceedings.
Rule 7070. Judgment for Specific Acts; Vesting Title
Rule 70 F.R.Civ.P. applies in adversary proceedings and the court may enter
a judgment divesting the title of any party and vesting title in others
whenever the real or personal property involved is within the jurisdiction of
the court.
Rule 7071. Process in Behalf of and Against Persons Not
Parties
Rule 71 F.R.Civ.P. applies in adversary proceedings.
Rule 7087. Transfer of Adversary Proceeding
On motion and after a hearing, the court may transfer an adversary
proceeding or any part thereof to another district pursuant to 28 U.S.C. §
1412, except as provided in Rule 7019(2).
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