Why It’s Useful:  This is a link to the Federal Rules of Bankruptcy Procedure (Cornell)

Subject: Federal Rules of Bankruptcy Procedure

Useful Link:  http://www.law.cornell.edu/rules/frbp

 

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Federal Rules of Bankruptcy Procedure

[ This is primarily a resource for lawyers. For general information on bankruptcy, click here. ]

(Effective August 1, 1983, as amended to Dec. 1, 2013)

  • BANKRUPTCY RULES
    • Rule 1001. Scope of Rules and Forms; Short Title
  • PART I—COMMENCEMENT OF CASE; PROCEEDINGS RELATING TO PETITION AND ORDER FOR RELIEF
    • 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 1004.2 Petition in Chapter 15 Cases
    • Rule 1005. Caption of Petition
    • Rule 1006. Filing Fee
    • Rule 1007. Lists, Schedules, Statements, and Other Documents; 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 For Recognition of a Foreign Nonmain Proceeding
    • Rule 1011. Responsive Pleading or Motion in Involuntary and Cross-Border Cases
    • [Rule 1012. Examination of Debtor, Including Discovery, on Issue of Nonpayment of Debts in Involuntary Cases.] (Abrogated Mar. 30, 1987, eff. Aug. 1, 1987)
    • Rule 1013. Hearing and Disposition of a Petition in an Involuntary Case
    • 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 Chapter 15 Cases; Proceedings to Vacate Order for Relief; Applicability of Rules in Part VII Governing Adversary Proceedings
    • Rule 1019. Conversion of a Chapter 11 Reorganization Case, Chapter 12 Family Farmer’s Debt Adjustment Case, or Chapter 13 Individual’s Debt Adjustment Case to a Chapter 7 Liquidation Case
    • Rule 1020. Small Business Chapter 11 Reorganization Case
    • Rule 1021. Health Care Business 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, Administrators in Foreign Proceedings, Persons Against Whom Provisional Relief is Sought in Ancillary and Other Cross-Border Cases, 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 2007.2 Appointment of Patient Care Ombudsman in a Health Care Business 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 or Change of Status
    • Rule 2015.1 Patient Care Ombudsman
    • Rule 2015.2 Transfer of Patient in Health Care Business Case
    • Rule 2015.3 Reports of Financial Information on Entities in Which a Chapter 11 Estate Holds a Controlling or Substantial Interest
    • 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. Disclosure Regarding Creditors and Equity Security Holders in Chapter 9 and Chapter 11 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 3002.1 Notice Relating to Claims Secured by Security Interest in the Debtor’s Principal Residence
    • 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 in a Chapter 9 Municipality or a 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. Filing of Reaffirmation Agreement; Statement in Support of Reaffirmation Agreement
  • PART V—COURTS AND CLERKS
    • Rule 5001. Courts and Clerks’ Offices
    • Rule 5002. Restrictions on Approval of 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. Notice Regarding Presumption of Abuse in Chapter 7 Cases of Individual Debtors
    • Rule 5009. Closing Chapter 7 Liquidation, Chapter 12 Family Farmer’s Debt Adjustment, Chapter 13 Individual’s Debt Adjustment, and Chapter 15 Ancillary and Cross-Border Cases
    • Rule 5010. Reopening Cases
    • Rule 5011. Withdrawal and Abstention from Hearing a Proceeding
    • Rule 5012. Agreements Concerning Coordination of Proceedings in Chapter 15 Cases
  • 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 6003. Interim and Final Relief Immediately Following the Commencement of the Case — Applications for Employment; Motions for Use, Sale, or Lease of Property; and Motions for Assumption or Assignment of Executory Contracts
    • Rule 6004. Use, Sale, or Lease of Property
    • Rule 6005. Appraisers and Auctioneers
    • Rule 6006. Assumption, Rejection or Assignment of an Executory Contract or Unexpired Lease
    • 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
    • Rule 6011. Disposal of Patient Records in Health Care Business Case
  • PART VII—ADVERSARY PROCEEDINGS
  • PART VIII—APPEALS TO DISTRICT COURT OR BANKRUPTCY APPELLATE PANEL
    • Rule 8001. Manner of Taking Appeal; Voluntary Dismissal; Certification to Court of Appeals
    • 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 9005.1 Constitutional Challenge to a Statute—Notice, Certification, and Intervention
    • Rule 9006. Computing and Extending 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
    • Rule 9037. Privacy Protection For Filings Made with the Court
  • [PART X—UNITED STATES TRUSTEES] (Abrogated Apr. 30, 1991, eff. Aug. 1, 1991)

Historical Note

The Federal Rules of Bankruptcy Procedure were adopted by order of the Supreme Court on Apr. 25, 1983, transmitted to Congress by the Chief Justice on the same day, and became effective Aug. 1, 1983.

The Rules have been amended Aug. 30, 1983, Pub. L. 98–91, §2(a), 97 Stat. 607, eff. Aug. 1, 1983; July 10, 1984, Pub. L. 98–353, title III, §321, 98 Stat. 357; Apr. 29, 1985, eff. Aug. 1, 1985; Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 25, 1989, eff. Aug. 1, 1989; Apr. 30, 1991, eff. Aug. 1, 1991; Apr. 22, 1993, eff. Aug. 1, 1993; Apr. 29, 1994, eff. Aug. 1, 1994; Oct. 22, 1994, Pub. L. 103–394, title I, §114, 108 Stat. 4118; Apr. 27, 1995, eff. Dec. 1, 1995; Apr. 23, 1996, eff. Dec. 1, 1996; Apr. 11, 1997, eff. Dec. 1, 1997; Apr. 26, 1999, eff. Dec. 1, 1999; Apr. 17, 2000, eff. Dec. 1, 2000; Apr. 23, 2001, eff. Dec. 1, 2001; Apr. 29, 2002, eff. Dec. 1, 2002; Mar. 27, 2003, eff. Dec. 1, 2003; Apr. 26, 2004, eff. Dec. 1, 2004; Apr. 25, 2005, eff. Dec. 1, 2005; Apr. 12, 2006, eff. Dec. 1, 2006; Apr. 30, 2007, eff. Dec. 1, 2007; Apr. 23, 2008, eff. Dec. 1, 2008; Mar. 26, 2009, eff. Dec. 1, 2009; Apr. 28, 2010, eff. Dec. 1, 2010; Apr. 26, 2011, eff. Dec. 1, 2011; Apr. 16, 2013, eff. Dec. 1, 2013.

Effective Date; Application; Supersedure of Prior Rules; Transmission to Congress

Sections 2 to 4 of the Order of the Supreme Court, dated Apr. 25, 1983, provided:

“2. That the aforementioned Bankruptcy Rules shall take effect on August 1, 1983, and shall be applicable to proceedings then pending, except to the extent that in the opinion of the court their application in a pending proceeding would not be feasible or would work injustice, in which event the former procedure applies.

“3. That the Bankruptcy Rules, heretofore prescribed by this Court, be, and they hereby are, superseded by the new rules, effective August 1, 1983.

“4. That the Chief Justice be, and he hereby is, authorized to transmit these new Bankruptcy Rules to the Congress in accordance with the provisions of Section 2075 of Title 28, United States Code.”