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PART IX--GENERAL PROVISIONS
Rule 9001. General Definitions
The definitions of words and phrases in § 101,
§ 902 and § 1101 and the rules of construction in §
102 of the Code govern their use in these rules. In addition, the
following words and phrases used in these rules have the meanings indicated:
(1) "Bankruptcy clerk" means a clerk
appointed pursuant to 28 U.S.C. § 156(b).
(2) "Bankruptcy Code" or "Code"
means title 11 of the United States Code.
(3) "Clerk" means bankruptcy clerk, if
one has been appointed, otherwise clerk of the district court.
(4) "Court" or "judge" means
the judicial officer before whom a case or proceeding is pending.
(5) "Debtor." When any act is required by
these rules to be performed by a debtor or when it is necessary to compel
attendance of a debtor for examination and the debtor is not a natural
(A) if the debtor is a corporation, "debtor" includes, if
designated by the court, any or all of its officers, members of its board of
directors or trustees or of a similar controlling body, a controlling
stockholder or member, or any other person in control;
(B) if the debtor is a partnership, "debtor" includes any or
all of its general partners or, if designated by the court, any other person
(6) "Firm" includes a partnership or
professional corporation of attorneys or accountants.
(7) "Judgment" means any appealable
(8) "Mail" means first class, postage
(9) "Notice provider" means any entity
approved by the Administrative Office of the United States Courts to give
notice to creditors under Rule 2002(g)(4).
(10) "Regular associate" means any
attorney regularly employed by, associated with, or counsel to an individual
(11) "Trustee" includes a debtor in
possession in a chapter 11 case.
(12) "United States trustee" includes an
assistant United States trustee and any designee of the United States
Rule 9002. Meanings of Words in the Federal Rules of Civil
Procedure When Applicable to Cases Under The Code
The following words and phrases used in the Federal Rules of Civil
Procedure made applicable to cases under the Code by these rules have the
meanings indicated unless they are inconsistent with the context:
(1) "Action" or "civil action"
means an adversary proceeding or, when appropriate, a contested petition, or
proceedings to vacate an order for relief or to determine any other
(2) "Appeal" means an appeal as provided
by 28 U.S.C. § 158.
(3) "Clerk" or "clerk of the
district court" means the court officer responsible for the bankruptcy
records in the district.
(4) "District court," "trial
court," "court," "district judge," or
"judge" means bankruptcy judge if the case or proceeding is
pending before a bankruptcy judge.
(5) "Judgment" includes any order
appealable to an appellate court.
Rule 9003. Prohibition of Ex Parte Contacts
(a) General prohibition. Except as otherwise
permitted by applicable law, any examiner, any party in interest, and any
attorney, accountant, or employee of a party in interest shall refrain from ex
parte meetings and communications with the court concerning matters affecting
a particular case or proceeding.
(b) United States trustee. Except as otherwise
permitted by applicable law, the United States trustee and assistants to and
employees or agents of the United States trustee shall refrain from ex parte
meetings and communications with the court concerning matters affecting a
particular case or proceeding. This rule does not preclude communications with
the court to discuss general problems of administration and improvement of
bankruptcy administration, including the operation of the United States
Rule 9004. General Requirements of Form
(a) Legibility; abbreviations. All petitions,
pleadings, schedules and other papers shall be clearly legible. Abbreviations
in common use in the English language may be used.
(b) Caption. Each paper filed shall contain a
caption setting forth the name of the court, the title of the case, the
bankruptcy docket number, and a brief designation of the character of the
Rule 9005. Harmless Error
Rule 61 F.R.Civ.P. applies in cases under the Code. When appropriate, the
court may order the correction of any error or defect or the cure of any
omission which does not affect substantial rights.
Rule 9006. Time
(a) Computation. In computing any period of
time prescribed or allowed by these rules or by the Federal Rules of Civil
Procedure made applicable by these rules, by the local rules, by order of
court, or by any applicable statute, the day of the act, event, or default
from which the designated period of time begins to run shall not be included.
The last day of the period so computed shall be included, unless it is a
Saturday, a Sunday, or a legal holiday, or, when the act to be done is the
filing of a paper in court, a day on which weather or other conditions have
made the clerk's office inaccessible, in which event the period runs until the
end of the next day which is not one of the aforementioned days. When the
period of time prescribed or allowed is less than 8 days, intermediate
Saturdays, Sundays, and legal holidays shall be excluded in the computation.
As used in this rule and in Rule 5001(c),
"legal holiday" includes New Year's Day, Birthday of Martin Luther
King, Jr., Washington's Birthday, Memorial Day, Independence Day, Labor Day,
Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day, and any other day
appointed as a holiday by the President or the Congress of the United States,
or by the state in which the court is held.
(1) In general. Except as provided in paragraphs (2) and (3) of
this subdivision, when an act is required or allowed to be done at or within
a specified period by these rules or by a notice given thereunder or by
order of court, the court for cause shown may at any time in its discretion
(1) with or without motion or notice order the period enlarged if the
request therefor is made before the expiration of the period originally
prescribed or as extended by a previous order or (2) on motion made after
the expiration of the specified period permit the act to be done where the
failure to act was the result of excusable neglect.
(2) Enlargement not permitted. The court may not enlarge the time
for taking action under Rules 1007(d), 1017(b)(3),
2003(a) and (d),
7052, 9023, and 9024.
(3) Enlargement limited. The court may enlarge the time for taking
action under Rules 1006(b)(2), 1017(e),
8002, and 9033, only to
the extent and under the conditions stated in those rules.
(1) In general. Except as provided in paragraph (2) of this
subdivision, when an act is required or allowed to be done at or within a
specified time by these rules or by a notice given thereunder or by order of
court, the court for cause shown may in its discretion with or without
motion or notice order the period reduced.
(2) Reduction not permitted. The court may not reduce the time for
taking action pursuant to Rules 2002(a)(7),
3014, 3015, 4001(b)(2),
8002, and 9033(b).
(d) For motions--affidavits. A written motion,
other than one which may be heard ex parte, and notice of any hearing shall be
served not later than five days before the time specified for such hearing,
unless a different period is fixed by these rules or by order of the court.
Such an order may for cause shown be made on ex parte application. When a
motion is supported by affidavit, the affidavit shall be served with the
motion; and, except as otherwise provided in Rule 9023,
opposing affidavits may be served not later than one day before the hearing,
unless the court permits them to be served at some other time.
(e) Time of service. Service of process and
service of any paper other than process or of notice by mail is complete on
(f) Additional time after service by mail or under Rule 5(b)(2)(C) or (D)
F.R.Civ.P. When there is a right or requirement to act or undertake some
proceedings within a prescribed period after service and that service is by
mail or under Rule 5(b)(2)(C) or (D) F.R.Civ.P., three days are added after
the prescribed period would otherwise expire under Rule
(g) Grain storage facility cases. This rule shall not limit the
court's authority under § 557 of the Code to
enter orders governing procedures in cases in which the debtor is an owner or
operator of a grain storage facility.
Rule 9007. General Authority to Regulate Notices
When notice is to be given under these rules, the court shall designate, if
not otherwise specified herein, the time within which, the entities to whom,
and the form and manner in which the notice shall be given. When feasible, the
court may order any notices under these rules to be combined.
Rule 9008. Service or Notice by Publication
Whenever these rules require or authorize service or notice by publication,
the court shall, to the extent not otherwise specified in these rules,
determine the form and manner thereof, including the newspaper or other medium
to be used and the number of publications.
Rule 9009. Forms
The Official Forms prescribed by the Judicial Conference of the United
States shall be observed and used with alterations as may be appropriate.
Forms may be combined and their contents rearranged to permit economies in
their use. The Director of the Administrative Office of the United States
Courts may issue additional forms for use under the Code. The forms shall be
construed to be consistent with these rules and the Code.
Rule 9010. Representation and Appearances; Powers of
(a) Authority to act personally or by attorney.
A debtor, creditor, equity security holder, indenture trustee, committee or
other party may (1) appear in a case under the Code and act either in the
entity's own behalf or by an attorney authorized to practice in the court, and
(2) perform any act not constituting the practice of law, by an authorized
agent, attorney in fact, or proxy.
(b) Notice of appearance. An attorney appearing
for a party in a case under the Code shall file a notice of appearance with
the attorney's name, office address and telephone number, unless the
attorney's appearance is otherwise noted in the record.
(c) Power of attorney. The authority of any
agent, attorney in fact, or proxy to represent a creditor for any purpose
other than the execution and filing of a proof of claim or the acceptance or
rejection of a plan shall be evidenced by a power of attorney conforming
substantially to the appropriate Official Form. The execution of any such
power of attorney shall be acknowledged before one of the officers enumerated
in 28 U.S.C. § 459, 953, Rule 9012, or a person
authorized to administer oaths under the laws of the state where the oath is
Rule 9011. Signing of Papers; Representations to the
Court; Sanctions; Verification and Copies of Papers
(a) Signing of papers. Every petition,
pleading, written motion, and other paper, except a list, schedule, or
statement, or amendments thereto, shall be signed by at least one attorney of
record in the attorney's individual name. A party who is not represented by an
attorney shall sign all papers. Each paper shall state the signer's address
and telephone number, if any. An unsigned paper shall be stricken unless
omission of the signature is corrected promptly after being called to the
attention of the attorney or party.
(b) Representations to the court. By presenting
to the court (whether by signing, filing, submitting, or later advocating) a
petition, pleading, written motion, or other paper, an attorney or
unrepresented party is certifying that to the best of the person's knowledge,
information, and belief, formed after an inquiry reasonable under the
(1) it is not being presented for any improper purpose, such as to harass
or to cause unnecessary delay or needless increase in the cost of
(2) the claims, defenses, and other legal contentions therein are
warranted by existing law or by a nonfrivolous argument for the extension,
modification, or reversal of existing law or the establishment of new law;
(3) the allegations and other factual contentions have evidentiary
support or, if specifically so identified, are likely to have evidentiary
support after a reasonable opportunity for further investigation or
(4) the denials of factual contentions are warranted on the evidence or,
if specifically so identified, are reasonably based on a lack of information
(c) Sanctions. If, after notice and a
reasonable opportunity to respond, the court determines that subdivision (b)
has been violated, the court may, subject to the conditions stated below,
impose an appropriate sanction upon the attorneys, law firms, or parties that
have violated subdivision (b) or are responsible for the violation.
(1) How initiated.
(A) By motion. A motion for sanctions under this rule shall be made
separately from other motions or requests and shall describe the specific
conduct alleged to violate subdivision (b). It shall be served as provided
in Rule 7004. The motion for sanctions may
not be filed with or presented to the court unless, within 21 days after
service of the motion (or such other period as the court may prescribe),
the challenged paper, claim, defense, contention, allegation, or denial is
not withdrawn or appropriately corrected, except that this limitation
shall not apply if the conduct alleged is the filing of a petition in
violation of subdivision (b). If warranted, the court may award to the
party prevailing on the motion the reasonable expenses and attorney's fees
incurred in presenting or opposing the motion. Absent exceptional
circumstances, a law firm shall be held jointly responsible for violations
committed by its partners, associates, and employees.
(B) On court's initiative. On its own initiative, the court may enter
an order describing the specific conduct that appears to violate
subdivision (b) and directing an attorney, law firm, or party to show
cause why it has not violated subdivision (b) with respect thereto.
(2) Nature of sanction; limitations. A sanction imposed for
violation of this rule shall be limited to what is sufficient to deter
repetition of such conduct or comparable conduct by others similarly
situated. Subject to the limitations in subparagraphs (A) and (B), the
sanction may consist of, or include, directives of a nonmonetary nature, an
order to pay a penalty into court, or, if imposed on motion and warranted
for effective deterrence, an order directing payment to the movant of some
or all of the reasonable attorneys' fees and other expenses incurred as a
direct result of the violation.
(A) Monetary sanctions may not be awarded against a represented party
for a violation of subdivision (b)(2).
(B) Monetary sanctions may not be awarded on the court's initiative
unless the court issues its order to show cause before a voluntary
dismissal or settlement of the claims made by or against the party which
is, or whose attorneys are, to be sanctioned.
(3) Order. When imposing sanctions, the court shall describe the conduct
determined to constitute a violation of this rule and explain the basis for
the sanction imposed.
(d) Inapplicability to discovery. Subdivisions
(a) through (c) of this rule do not apply to disclosures and discovery
requests, responses, objections, and motions that are subject to the
provisions of Rules 7026 through 7037.
(e) Verification. Except as otherwise
specifically provided by these rules, papers filed in a case under the Code
need not be verified. Whenever verification is required by these rules, an
unsworn declaration as provided in 28 U.S.C. § 1746 satisfies the requirement
(f) Copies of signed or verified papers. When these rules require
copies of a signed or verified paper, it shall suffice if the original is
signed or verified and the copies are conformed to the original.
Rule 9012. Oaths and Affirmations
(a) Persons authorized to administer oaths. The
following persons may administer oaths and affirmations and take
acknowledgments: a bankruptcy judge, clerk, deputy clerk, United States
trustee, officer authorized to administer oaths in proceedings before the
courts of the United States or under the laws of the state where the oath is
to be taken, or a diplomatic or consular officer of the United States in any
(b) Affirmation in lieu of oath. When in a case
under the Code an oath is required to be taken, a solemn affirmation may be
accepted in lieu thereof.
Rule 9013. Motions: Form and Service
A request for an order, except when an application is authorized by these
rules, shall be by written motion, unless made during a hearing. The motion
shall state with particularity the grounds therefor, and shall set forth the
relief or order sought. Every written motion other than one which may be
considered ex parte shall be served by the moving party on the trustee or
debtor in possession and on those entities specified by these rules or, if
service is not required or the entities to be served are not specified by
these rules, the moving party shall serve the entities the court directs.
Rule 9014. Contested Matters
(a) Motion. In a contested matter not otherwise
governed by these rules, relief shall be requested by motion, and reasonable
notice and opportunity for hearing shall be afforded the party against whom
relief is sought. No response is required under this rule unless the court
(b) Service. The motion shall be served in the
manner provided for service of a summons and complaint by Rule
7004. Any paper served after the motion shall be served in the manner
provided by Rule 5(b) F.R.Civ.P.
(c) Application of Part VII Rules. Except as
provided in this rule, and unless the court directs otherwise, the following
rules shall apply: 7009, 7017, 7021, 7025, 7026, 7028-7037, 7041, 7042, 7052,
7054-7056, 7064, 7069, 7071. The following subdivisions of Fed. R. Civ. P. 26.
as incorporated by Rule 7026, shall not apply in
a contested matter unless the court directs otherwise: 26(a)(1) (mandatory
disclosure), 26(a)(2) (disclosures regarding expert testimony) and
26(a)(3)(additional pre-trial disclosure), and 26(f) (mandatory meeting before
scheduling conference/discovery plan). An entity that desires to perpetuate
testimony may proceed in the same manner as provided in Rule
7027 for the taking of a deposition before an adversary proceeding. The
court may at any stage in a particular matter direct that one or more of the
other rules in Part VII shall apply. The court shall give the parties notice
of any order issued under this paragraph to afford them a reasonable
opportunity to comply with the procedures prescribed by the order.
(d) Testimony of Witnesses. Testimony of
witnesses with respect to disputed material factual issues shall be taken in
the same manner as testimony in an adversary proceeding.
(e) Attendance of Witnesses. The court shall
provide procedures that enable parties to ascertain at a reasonable time
before any scheduled hearing whether the hearing will be an evidentiary
hearing at which witnesses may testify.
Rule 9015. Jury Trials
(a) Applicability of certain Federal Rules of Civil
Procedure. Rules 38, 39, and 47-51 F.R.Civ.P., and Rule 81(c) F.R.Civ.P.
insofar as it applies to jury trials, apply in cases and proceedings, except
that a demand made pursuant to Rule 38(b) F.R.Civ.P. shall be filed in
accordance with Rule 5005.
(b) Consent to have trial conducted by bankruptcy
judge. If the right to a jury trial applies, a timely demand has been
filed pursuant to Rule 38(b) F.R.Civ.P., and the bankruptcy judge has been
specially designated to conduct the jury trial, the parties may consent to
have a jury trial conducted by a bankruptcy judge under 28 U.S.C. § 157(e) by
jointly or separately filing a statement of consent within any applicable time
limits specified by local rule.
Rule 9016. Subpoena
Rule 45 F.R.Civ.P. applies in cases under the Code.
Rule 9017. Evidence
The Federal Rules of Evidence and Rules 43, 44 and 44.1 F.R.Civ.P. apply in
cases under the Code.
Rule 9018. Secret Confidential, Scandalous, or Defamatory
On motion or on its own initiative, with or without notice, the court may
make any order which justice requires (1) to protect the estate or any entity
in respect of a trade secret or other confidential research, development, or
commercial information, (2) to protect any entity against scandalous or
defamatory matter contained in any paper filed in a case under the Code, or
(3) to protect governmental matters that are made confidential by statute or
regulation. If an order is entered under this rule without notice, any entity
affected thereby may move to vacate or modify the order, and after a hearing
on notice the court shall determine the motion.
Rule 9019. Compromise and Arbitration
(a) Compromise. On motion by the trustee and
after notice and a hearing, the court may approve a compromise or settlement.
Notice shall be given to creditors, the United States trustee, the debtor, and
indenture trustees as provided in Rule 2002 and
to any other entity as the court may direct.
(b) Authority to compromise or settle controversies
within classes. After a hearing on such notice as the court may direct,
the court may fix a class or classes of controversies and authorize the
trustee to compromise or settle controversies within such class or classes
without further hearing or notice.
(c) Arbitration. On stipulation of the parties
to any controversy affecting the estate the court may authorize the matter to
be submitted to final and binding arbitration.
Rule 9020. Contempt Proceedings
Rule 9014 governs a motion for an order of contempt
made by the United State trustee or a party in interest.
Rule 9021. Entry of Judgment
Except as otherwise provided herein, Rule 58 F.R.Civ.P. applies in cases
under the Code. Every judgment entered in an adversary proceeding or contested
matter shall be set forth on a separate document. A judgment is effective when
entered as provided in Rule 5003. The reference
in Rule 58 F.R.Civ.P. to Rule 79(a) F.R.Civ.P. shall be read as a reference to
Rule 5003 of these rules.
Rule 9022. Notice of Judgment or Order
(a) Judgment or order of bankruptcy judge.
Immediately on the entry of a judgment or order the clerk shall serve a notice
of entry in the manner provided in Rule 5(b) F.R.Civ.P. on the contesting
parties and on other entities as the court directs. Unless the case is a
chapter 9 municipality case, the clerk shall forthwith transmit to the United
States trustee a copy of the judgment or order. Service of the notice shall be
noted in the docket. Lack of notice of the entry does not affect the time to
appeal or relieve or authorize the court to relieve a party for failure to
appeal within the time allowed, except as permitted in Rule
(b) Judgment or order of district judge. Notice
of a judgment or order entered by a district judge is governed by Rule 77(d)
F.R.Civ.P. Unless the case is a chapter 9 municipality case, the clerk shall
forthwith transmit to the United States trustee a copy of a judgment or order
entered by a district judge.
Rule 9023. New Trials; Amendment of Judgments
Rule 59 F.R.Civ.P. applies in cases under the Code, except as provided in Rule
Rule 9024. Relief from Judgment or Order
Rule 60 F.R.Civ.P. applies in cases under the Code except that (1) a motion
to reopen a case under the Code or for the reconsideration of an order
allowing or disallowing a claim against the estate entered without a contest
is not subject to the one year limitation prescribed in Rule 60(b), (2) a
complaint to revoke a discharge in a chapter 7 liquidation case may be filed
only within the time allowed by § 727(e)
of the Code, and (3) a complaint to revoke an order confirming a plan may be
filed only within the time allowed by § 1144, § 1230, or §
Rule 9025. Security: Proceedings Against Sureties
Whenever the Code or these rules require or permit the giving of security
by a party, and security is given in the form of a bond or stipulation or
other undertaking with one or more sureties, each surety submits to the
jurisdiction of the court, and liability may be determined in an adversary
proceeding governed by the rules in Part VII.
Rule 9026. Exceptions Unnecessary
Rule 46 F.R.Civ.P. applies in cases under the Code.
Rule 9027. Removal
(a) Notice of removal.
(1) Where filed; form and content. A notice of removal shall be
filed with the clerk for the district and division within which is located
the state or federal court where the civil action is pending. The notice
shall be signed pursuant to Rule 9011 and contain a
short and plain statement of the facts which entitle the party filing the
notice to remove, contain a statement that upon removal of the claim or
cause of action the proceeding is core or non-core and, if non-core, that
the party filing the notice does or does not consent to entry of final
orders or judgment by the bankruptcy judge, and be accompanied by a copy of
all process and pleadings.
(2) Time for filing; civil action initiated before commencement of the
case under the code. If the claim or cause of action in a civil action
is pending when a case under the Code is commenced, a notice of removal may
be filed only within the longest of (A) 90 days after the order for relief
in the case under the Code, (B) 30 days after entry of an order terminating
a stay, if the claim or cause of action in a civil action has been stayed
under § 362 of the Code, or (C) 30 days after a
trustee qualifies in a chapter 11 reorganization case but not later than 180
days after the order for relief.
(3) Time for filing; civil action initiated after commencement of the
case under the Code. If a claim or cause of action is asserted in
another court after the commencement of a case under the Code, a notice of
removal may be filed with the clerk only within the shorter of (A) 30 days
after receipt, through service or otherwise, of a copy of the initial
pleading setting forth the claim or cause of action sought to be removed, or
(B) 30 days after receipt of the summons if the initial pleading has been
filed with the court but not served with the summons.
(b) Notice. Promptly after filing the notice of
removal, the party filing the notice shall serve a copy of it on all parties
to the removed claim or cause of action.
(c) Filing in non-bankruptcy court. Promptly
after filing the notice of removal, the party filing the notice shall file a
copy of it with the clerk of the court from which the claim or cause of action
is removed. Removal of the claim or cause of action is effected on such filing
of a copy of the notice of removal. The parties shall proceed no further in
that court unless and until the claim or cause of action is remanded.
(d) Remand. A motion for remand of the removed
claim or cause of action shall be governed by Rule 9014
and served on the parties to the removed claim or cause of action.
(e) Procedure after removal.
(1) After removal of a claim or cause of action to a district court the
district court or, if the case under the Code has been referred to a
bankruptcy judge of the district, the bankruptcy judge, may issue all
necessary orders and process to bring before it all proper parties whether
served by process issued by the court from which the claim or cause of
action was removed or otherwise.
(2) The district court or, if the case under the Code has been referred
to a bankruptcy judge of the district, the bankruptcy judge, may require the
party filing the notice of removal to file with the clerk copies of all
records and proceedings relating to the claim or cause of action in the
court from which the claim or cause of action was removed.
(3) Any party who has filed a pleading in connection with the removed
claim or cause of action, other than the party filing the notice of removal,
shall file a statement admitting or denying any allegation in the notice of
removal that upon removal of the claim or cause of action the proceeding is
core or non- core. If the statement alleges that the proceeding is non-core,
it shall state that the party does or does not consent to entry of final
orders or judgment by the bankruptcy judge. A statement required by this
paragraph shall be signed pursuant to Rule 9011 and
shall be filed not later than 10 days after the filing of the notice of
removal. Any party who files a statement pursuant to this paragraph shall
mail a copy to every other party to the removed claim or cause of action.
(f) Process after removal. If one or more of
the defendants has not been served with process, the service has not been
perfected prior to removal, or the process served proves to be defective, such
process or service may be completed or new process issued pursuant to Part VII
of these rules. This subdivision shall not deprive any defendant on whom
process is served after removal of the defendant's right to move to remand the
(g) Applicability of Part VII. The rules of
Part VII apply to a claim or cause of action removed to a district court from
a federal or state court and govern procedure after removal. Repleading is not
necessary unless the court so orders. In a removed action in which the
defendant has not answered, the defendant shall answer or present the other
defenses or objections available under the rules of Part VII within 20 days
following the receipt through service or otherwise of a copy of the initial
pleading setting forth the claim for relief on which the action or proceeding
is based, or within 20 days following the service of summons on such initial
pleading, or within five days following the filing of the notice of removal,
whichever period is longest.
(h) Record supplied. When a party is entitled
to copies of the records and proceedings in any civil action or proceeding in
a federal or a state court, to be used in the removed civil action or
proceeding, and the clerk of the federal or state court, on demand accompanied
by payment or tender of the lawful fees, fails to deliver certified copies,
the court may, on affidavit reciting the facts, direct such record to be
supplied by affidavit or otherwise. Thereupon the proceedings, trial and
judgment may be had in the court, and all process awarded, as if certified
copies had been filed.
(i) Attachment or sequestration; securities.
When a claim or cause of action is removed to a district court, any attachment
or sequestration of property in the court from which the claim or cause of
action was removed shall hold the property to answer the final judgment or
decree in the same manner as the property would have been held to answer final
judgment or decree had it been rendered by the court from which the claim or
cause of action was removed. All bonds, undertakings, or security given by
either party to the claim or cause of action prior to its removal shall remain
valid and effectual notwithstanding such removal. All injunctions issued,
orders entered and other proceedings had prior to removal shall remain in full
force and effect until dissolved or modified by the court.
Rule 9028. Disability of a Judge
Rule 63 F.R.Civ.P. applies in cases under the Code.
Rule 9029. Local Bankruptcy Rules; Procedure When There is
No Controlling Law
(a) Local Bankruptcy Rules.
(1) Each district court acting by a majority of its district judges may
make and amend rules governing practice and procedure in all cases and
proceedings within the district court's bankruptcy jurisdiction which are
consistent with--but not duplicative of--Acts of Congress and these rules
and which do not prohibit or limit the use of the Official Forms. Rule 83
F.R.Civ.P. governs the procedure for making local rules. A district court
may authorize the bankruptcy judges of the district, subject to any
limitation or condition it may prescribe and the requirements of 83
F.R.Civ.P., to make and amend rules of practice and procedure which are
consistent with--but not duplicative of--Acts of Congress and these rules
and which do not prohibit or limit the use of the Official Forms. Local
rules shall conform to any uniform numbering system prescribed by the
Judicial Conference of the United States.
(2) A local rule imposing a requirement of form shall not be enforced in
a manner that causes a party to lose rights because of a nonwillful failure
to comply with the requirement.
(b) Procedure When There is No Controlling Law.
A judge may regulate practice in any manner consistent with federal law, these
rules, Official Forms, and local rules of the district. No sanction or other
disadvantage may be imposed for noncompliance with any requirement not in
federal law, federal rules, Official Forms, or the local rules of the district
unless the alleged violator has been furnished in the particular case with
actual notice of the requirement.
Rule 9030. Jurisdiction and Venue Unaffected
These rules shall not be construed to extend or limit the jurisdiction of
the courts or the venue of any matters therein.
Rule 9031. Masters Not Authorized
Rule 53 F.R.Civ.P. does not apply in cases under the Code.
Rule 9032. Effect of Amendment of Federal Rules of Civil
The Federal Rules of Civil Procedure which are incorporated by reference
and made applicable by these rules shall be the Federal Rules of Civil
Procedure in effect on the effective date of these rules and as thereafter
amended, unless otherwise provided by such amendment or by these rules.
Rule 9033. Review of Proposed Findings of Fact and
Conclusions of Law in Non-Core Proceedings
(a) Service. In non-core proceedings heard
pursuant to 28 U.S.C. § 157(c)(1), the bankruptcy judge shall file proposed
findings of fact and conclusions of law. The clerk shall serve forthwith
copies on all parties by mail and note the date of mailing on the docket.
(b) Objections: time for filing. Within 10 days
after being served with a copy of the proposed findings of fact and
conclusions of law a party may serve and file with the clerk written
objections which identify the specific proposed findings or conclusions
objected to and state the grounds for such objection. A party may respond to
another party's objections within 10 days after being served with a copy
thereof. A party objecting to the bankruptcy judge's proposed findings or
conclusions shall arrange promptly for the transcription of the record, or
such portions of it as all parties may agree upon or the bankruptcy judge
deems sufficient, unless the district judge otherwise directs.
(c) Extension of time. The bankruptcy judge may
for cause extend the time for filing objections by any party for a period not
to exceed 20 days from the expiration of the time otherwise prescribed by this
rule. A request to extend the time for filing objections must be made before
the time for filing objections has expired, except that a request made no more
than 20 days after the expiration of the time for filing objections may be
granted upon a showing of excusable neglect.
(d) Standard of review. The district judge
shall make a de novo review upon the record or, after additional evidence, of
any portion of the bankruptcy judge's findings of fact or conclusions of law
to which specific written objection has been made in accordance with this
rule. The district judge may accept, reject, or modify the proposed findings
of fact or conclusions of law, receive further evidence, or recommit the
matter to the bankruptcy judge with instructions.
Rule 9034. Transmittal of Pleadings, Motion Papers,
Objections, and Other Papers to the United States Trustee
Unless the United States trustee requests otherwise or the case is a
chapter 9 municipality case, any entity that files a pleading, motion,
objection, or similar paper relating to any of the following matters shall
transmit a copy thereof to the United States trustee within the time required
by these rules for service of the paper:
(a) a proposed use, sale, or lease of property of
the estate other than in the ordinary course of business;
(b) the approval of a compromise or settlement of a
(c) the dismissal or conversion of a case to
(d) the employment of professional persons;
(e) an application for compensation or
reimbursement of expenses;
(f) a motion for, or approval of an agreement
relating to, the use of cash collateral or authority to obtain credit;
(g) the appointment of a trustee or examiner in a
chapter 11 reorganization case;
(h) the approval of a disclosure statement;
(i) the confirmation of a plan;
(j) an objection to, or waiver or revocation of,
the debtor's discharge;
(k) any other matter in which the United States
trustee requests copies of filed papers or the court orders copies
transmitted to the United States trustee.
Rule 9035. Applicability of Rules in Judicial Districts in
Alabama and North Carolina
In any case under the Code that is filed in or transferred to a district in
the State of Alabama or the State of North Carolina and in which a United
States trustee is not authorized to act, these rules apply to the extent that
they are not inconsistent with any federal statute effective in the case.
Rule 9036. Notice by electronic transmission
Whenever the clerk or some other person as directed by the court is
required to send notice by mail and the entity entitled to receive the notice
requests in writing that, instead of notice by mail, all or part of the
information required to be contained in the notice be sent by a specified type
of electronic transmission, the court may direct the clerk or other person to
send the information by such electronic transmission. Notice by electronic
means is complete on transmission.