11 USC App: Front Matter
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11 USC App: Front Matter
From Title 11-AppendixFEDERAL RULES OF BANKRUPTCY PROCEDURE
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FEDERAL RULES OF BANKRUPTCY PROCEDURE

(Effective August 1, 1983, as amended to December 26, 2023)

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. 23, 2012, eff. Dec. 1, 2012; Apr. 16, 2013, eff. Dec. 1, 2013; Apr. 25, 2014, eff. Dec. 1, 2014; Apr. 29, 2015, eff. Dec. 1, 2015; Apr. 28, 2016, eff. Dec. 1, 2016; Apr. 27, 2017, eff. Dec. 1, 2017; Apr. 26, 2018, eff. Dec. 1, 2018; Apr. 25, 2019, eff. Dec. 1, 2019; Apr. 27, 2020, eff. Dec. 1, 2020; Apr. 14, 2021, eff. Dec. 1, 2021; Apr. 11, 2022, eff. Dec. 1, 2022; Apr. 24, 2023, eff. Dec. 1, 2023.


Rule
1001.
Scope of Rules and Forms; Short Title.

        

PART I. COMMENCEMENT OF CASE; PROCEEDINGS RELATING TO PETITION AND ORDER FOR RELIEF

1002.
Commencement of Case.
1003.
Involuntary Petition.
1004.
Involuntary Petition Against a Partnership.
1004.1.
Petition for an Infant or Incompetent Person.
1004.2.
Petition in Chapter 15 Cases.
1005.
Caption of Petition.
1006.
Filing Fee.
1007.
Lists, Schedules, Statements, and Other Documents; Time Limits.
1008.
Verification of Petitions and Accompanying Papers.
1009.
Amendments of Voluntary Petitions, Lists, Schedules and Statements.
1010.
Service of Involuntary Petition and Summons.
1011.
Responsive Pleading or Motion in Involuntary Cases.
1012.
Responsive Pleading in Cross-Border Cases.
1013.
Hearing and Disposition of a Petition in an Involuntary Case.
1014.
Dismissal and Change of Venue.
1015.
Consolidation or Joint Administration of Cases Pending in Same Court.
1016.
Death or Incompetency of Debtor.
1017.
Dismissal or Conversion of Case; Suspension.
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.
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.
1020.
Chapter 11 Reorganization Case for Small Business Debtors.
1021.
Health Care Business Case.

        

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

2001.
Appointment of Interim Trustee Before Order for Relief in a Chapter 7 Liquidation Case.
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.
2003.
Meeting of Creditors or Equity Security Holders.
2004.
Examination.
2005.
Apprehension and Removal of Debtor to Compel Attendance for Examination.
2006.
Solicitation and Voting of Proxies in Chapter 7 Liquidation Cases.
2007.
Review of Appointment of Creditors' Committee Organized Before Commencement of the Case.
2007.1.
Appointment of Trustee or Examiner in a Chapter 11 Reorganization Case.
2007.2.
Appointment of Patient Care Ombudsman in a Health Care Business Case.
2008.
Notice to Trustee of Selection.
2009.
Trustees for Estates When Joint Administration Ordered.
2010.
Qualification by Trustee; Proceeding on Bond.
2011.
Evidence of Debtor in Possession or Qualification of Trustee.
2012.
Substitution of Trustee or Successor Trustee; Accounting.
2013.
Public Record of Compensation Awarded to Trustees, Examiners, and Professionals.
2014.
Employment of Professional Persons.
2015.
Duty to Keep Records, Make Reports, and Give Notice of Case or Change of Status.
2015.1.
Patient Care Ombudsman.
2015.2.
Transfer of Patient in Health Care Business Case.
2015.3.
Reports of Financial Information on Entities in Which a Chapter 11 Estate Holds a Controlling or Substantial Interest.
2016.
Compensation for Services Rendered and Reimbursement of Expenses.
2017.
Examination of Debtor's Transactions with Debtor's Attorney.
2018.
Intervention; Right to Be Heard.
2019.
Disclosure Regarding Creditors and Equity Security Holders in Chapter 9 and Chapter 11 Cases.
2020.
Review of Acts by United States Trustee.

        

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

3001.
Proof of Claim.
3002.
Filing Proof of Claim or Interest.
3002.1.
Notice Relating to Claims Secured by Security Interest in the Debtor's Principal Residence.
3003.
Filing Proof of Claim or Equity Security Interest in Chapter 9 Municipality or Chapter 11 Reorganization Cases.
3004.
Filing of Claims by Debtor or Trustee.
3005.
Filing of Claim, Acceptance, or Rejection by Guarantor, Surety, Indorser, or Other Codebtor.
3006.
Withdrawal of Claim; Effect on Acceptance or Rejection of Plan.
3007.
Objections to Claims.
3008.
Reconsideration of Claims.
3009.
Declaration and Payment of Dividends in a Chapter 7 Liquidation Case.
3010.
Small Dividends and Payments in Cases Under Chapter 7, Subchapter V of Chapter 11, Chapter 12, and Chapter 13.
3011.
Unclaimed Funds in Cases Under Chapter 7, Subchapter V of Chapter 11, Chapter 12, and Chapter 13.
3012.
Determining the Amount of Secured and Priority Claims.
3013.
Classification of Claims and Interests.
3014.
Election Under §1111(b) by Secured Creditor in Chapter 9 Municipality or Chapter 11 Reorganization Case.
3015.
Filing, Objection to Confirmation, Effect of Confirmation, and Modification of a Plan in a Chapter 12 or a Chapter 13 Case.
3015.1.
Requirements for a Local Form for Plans Filed in a Chapter 13 Case.
3016.
Filing of Plan and Disclosure Statement in a Chapter 9 Municipality or Chapter 11 Reorganization Case.
3017.
Court Consideration of Disclosure Statement in a Chapter 9 Municipality or Chapter 11 Reorganization Case.
3017.1.
Court Consideration of Disclosure Statement in a Small Business Case or in a Case Under Subchapter V of Chapter 11.
3017.2.
Fixing of Dates by the Court in Subchapter V Cases in Which There Is No Disclosure Statement.
3018.
Acceptance or Rejection of Plan in a Chapter 9 Municipality or a Chapter 11 Reorganization Case.
3019.
Modification of Accepted Plan in a Chapter 9 Municipality or a Chapter 11 Reorganization Case.
3020.
Deposit; Confirmation of Plan in a Chapter 9 Municipality or Chapter 11 Reorganization Case.
3021.
Distribution Under Plan.
3022.
Final Decree in Chapter 11 Reorganization Case.

        

PART IV. THE DEBTOR: DUTIES AND BENEFITS

4001.
Relief from Automatic Stay; Prohibiting or Conditioning the Use, Sale, or Lease of Property; Use of Cash Collateral; Obtaining Credit; Agreements.
4002.
Duties of Debtor.
4003.
Exemptions.
4004.
Grant or Denial of Discharge.
4005.
Burden of Proof in Objecting to Discharge.
4006.
Notice of No Discharge.
4007.
Determination of Dischargeability of a Debt.
4008.
Filing of Reaffirmation Agreement; Statement in Support of Reaffirmation Agreement.

        

PART V. COURTS AND CLERKS

5001.
Courts and Clerks' Offices.
5002.
Restrictions on Approval of Appointments.
5003.
Records Kept By the Clerk.
5004.
Disqualification.
5005.
Filing and Transmittal of Papers.
5006.
Certification of Copies of Papers.
5007.
Record of Proceedings and Transcripts.
5008.
Notice Regarding Presumption of Abuse in Chapter 7 Cases of Individual Debtors.
5009.
Closing Chapter 7, Chapter 12, Chapter 13, and Chapter 15 Cases; Order Declaring Lien Satisfied.
5010.
Reopening Cases.
5011.
Withdrawal and Abstention from Hearing a Proceeding.
5012.
Agreements Concerning Coordination of Proceedings in Chapter 15 Cases.

        

PART VI. COLLECTION AND LIQUIDATION OF THE ESTATE

6001.
Burden of Proof As to Validity of Postpetition Transfer.
6002.
Accounting by Prior Custodian of Property of the Estate.
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.
6004.
Use, Sale, or Lease of Property.
6005.
Appraisers and Auctioneers.
6006.
Assumption, Rejection or Assignment of an Executory Contract or Unexpired Lease.
6007.
Abandonment or Disposition of Property.
6008.
Redemption of Property from Lien or Sale.
6009.
Prosecution and Defense of Proceedings by Trustee or Debtor in Possession.
6010.
Proceeding to Avoid Indemnifying Lien or Transfer to Surety.
6011.
Disposal of Patient Records in Health Care Business Case.

        

PART VII. ADVERSARY PROCEEDINGS

7001.
Scope of Rules of Part VII.
7002.
References to Federal Rules of Civil Procedure.
7003.
Commencement of Adversary Proceeding.
7004.
Process; Service of Summons, Complaint.
7005.
Service and Filing of Pleadings and Other Papers.
7007.
Pleadings Allowed.
7007.1.
Corporate Ownership Statement.
7008.
General Rules of Pleading.
7009.
Pleading Special Matters.
7010.
Form of Pleadings.
7012.
Defenses and Objections-When and How Presented-By Pleading or Motion-Motion for Judgment on the Pleadings.
7013.
Counterclaim and Cross-Claim.
7014.
Third-Party Practice.
7015.
Amended and Supplemental Pleadings.
7016.
Pretrial Procedures.
7017.
Parties Plaintiff and Defendant; Capacity.
7018.
Joinder of Claims and Remedies.
7019.
Joinder of Persons Needed for Just Determination.
7020.
Permissive Joinder of Parties.
7021.
Misjoinder and Non-Joinder of Parties.
7022.
Interpleader.
7023.
Class Proceedings.
7023.1.
Derivative Actions.
7023.2.
Adversary Proceedings Relating to Unincorporated Associations.
7024.
Intervention.
7025.
Substitution of Parties.
7026.
General Provisions Governing Discovery.
7027.
Depositions Before Adversary Proceedings or Pending Appeal.
7028.
Persons Before Whom Depositions May Be Taken.
7029.
Stipulations Regarding Discovery Procedure.
7030.
Depositions Upon Oral Examination.
7031.
Deposition Upon Written Questions.
7032.
Use of Depositions in Adversary Proceedings.
7033.
Interrogatories to Parties.
7034.
Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes.
7035.
Physical and Mental Examination of Persons.
7036.
Requests for Admission.
7037.
Failure to Make Discovery: Sanctions.
7040.
Assignment of Cases for Trial.
7041.
Dismissal of Adversary Proceedings.
7042.
Consolidation of Adversary Proceedings; Separate Trials.
7052.
Findings by the Court.
7054.
Judgments; Costs.
7055.
Default.
7056.
Summary Judgment.
7058.
Entering Judgment in Adversary Proceeding.
7062.
Stay of Proceedings to Enforce a Judgment.
7064.
Seizure of Person or Property.
7065.
Injunctions.
7067.
Deposit in Court.
7068.
Offer of Judgment.
7069.
Execution.
7070.
Judgment for Specific Acts; Vesting Title.
7071.
Process in Behalf of and Against Persons Not Parties.
7087.
Transfer of Adversary Proceeding.

        

PART VIII. APPEALS TO DISTRICT COURT OR BANKRUPTCY APPELLATE PANEL

8001.
Scope of Part VIII Rules; Definition of "BAP"; Method of Transmission.
8002.
Time for Filing Notice of Appeal.
8003.
Appeal as of Right-How Taken; Docketing the Appeal.
8004.
Appeal by Leave-How Taken; Docketing the Appeal.
8005.
Election to Have an Appeal Heard by the District Court Instead of the BAP.
8006.
Certifying a Direct Appeal to the Court of Appeals.
8007.
Stay Pending Appeal; Bonds; Suspension of Proceedings.
8008.
Indicative Rulings.
8009.
Record on Appeal; Sealed Documents.
8010.
Completing and Transmitting the Record.
8011.
Filing and Service; Signature.
8012.
Disclosure Statement.
8013.
Motions; Intervention.
8014.
Briefs.
8015.
Form and Length of Briefs; Form of Appendices and Other Papers.
8016.
Cross-Appeals.
8017.
Brief of an Amicus Curiae.
8018.
Serving and Filing Briefs; Appendices.
8018.1.
District-Court Review of a Judgment that the Bankruptcy Court Lacked the Constitutional Authority to Enter.
8019.
Oral Argument.
8020.
Frivolous Appeal and Other Misconduct.
8021.
Costs.
8022.
Motion for Rehearing.
8023.
Voluntary Dismissal.
8024.
Clerk's Duties on Disposition of the Appeal.
8025.
Stay of a District Court or BAP Judgment.
8026.
Rules by Circuit Councils and District Courts; Procedure When There is No Controlling Law.
8027.
Notice of a Mediation Procedure.
8028.
Suspension of Rules in Part VIII.

        

PART IX. GENERAL PROVISIONS

9001.
General Definitions.
9002.
Meanings of Words in the Federal Rules of Civil Procedure When Applicable to Cases under the Code.
9003.
Prohibition of Ex Parte Contacts.
9004.
General Requirements of Form.
9005.
Harmless Error.
9005.1.
Constitutional Challenge to a Statute-Notice, Certification, and Intervention.
9006.
Computing and Extending Time; Time for Motion Papers.
9007.
General Authority to Regulate Notices.
9008.
Service or Notice by Publication.
9009.
Forms.
9010.
Representation and Appearances; Powers of Attorney.
9011.
Signing of Papers; Representations to the Court; Sanctions; Verification and Copies of Papers.
9012.
Oaths and Affirmations.
9013.
Motions: Form and Service.
9014.
Contested Matters.
9015.
Jury Trials.
9016.
Subpoena.
9017.
Evidence.
9018.
Secret, Confidential, Scandalous, or Defamatory Matter.
9019.
Compromise and Arbitration.
9020.
Contempt Proceedings.
9021.
Entry of Judgment.
9022.
Notice of Judgment or Order.
9023.
New Trials; Amendment of Judgments.
9024.
Relief from Judgment or Order.
9025.
Security: Proceedings Against Security Providers.
9026.
Exceptions Unnecessary.
9027.
Removal.
9028.
Disability of a Judge.
9029.
Local Bankruptcy Rules; Procedure When There is No Controlling Law.
9030.
Jurisdiction and Venue Unaffected.
9031.
Masters Not Authorized.
9032.
Effect of Amendment of Federal Rules of Civil Procedure.
9033.
Proposed Findings of Fact and Conclusions of Law.
9034.
Transmittal of Pleadings, Motion Papers, Objections, and Other Papers to the United States Trustee.
9035.
Applicability of Rules in Judicial Districts in Alabama and North Carolina.
9036.
Notice and Service by Electronic Transmission.
9037.
Privacy Protection For Filings Made with the Court.
9038.
Bankruptcy Rules Emergency.

        

PART X. [ABROGATED]

OFFICIAL FORMS [see United States Courts website]

APPENDIX: LENGTH LIMITS STATED IN PART VIII OF THE FEDERAL RULES OF BANKRUPTCY PROCEDURE

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."