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                              FEDERAL RULES

                                   OF

                          BANKRUPTCY PROCEDURE

                               ____

                            DECEMBER 1, 2009

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                                   of

                     THE COMMITTEE ON THE JUDICIARY

                        HOUSE OF REPRESENTATIVES




111th Congress
                                    COMMITTEE PRINT        No. 5     
    1ST Session
__________________________________________________________________
 
                              FEDERAL RULES

                                   OF

                          BANKRUPTCY PROCEDURE

                               ____

                            DECEMBER 1, 2009


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                        HOUSE OF REPRESENTATIVES

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                       COMMITTEE ON THE JUDICIARY

                      One Hundred Eleventh Congress

                  JOHN CONYERS, Jr., Michigan, Chairman
 HOWARD L. BERMAN, California                LAMAR SMITH, Texas
RICK BOUCHER, Virginia                      F. JAMES SENSENBRENNER, Jr.,
JERROLD NADLER, New York                     Wisconsin
ROBERT C. ``BOBBY'' SCOTT, Virginia         HOWARD COBLE, North Carolina
MELVIN L. WATT, North Carolina              ELTON GALLEGLY, California
ZOE LOFGREN, California                     BOB GOODLATTE, Virginia
SHEILA JACKSON LEE, Texas                   DANIEL E. LUNGREN,
MAXINE WATERS, California                    California
WILLIAM D. DELAHUNT, Massachusetts          DARRELL E. ISSA, California
ROBERT WEXLER, Florida                      J. RANDY FORBES, Virginia
STEVE COHEN, Tennessee                      STEVE KING, Iowa
HENRY C. ``HANK'' JOHNSON, Jr., Georgia     TRENT FRANKS, Arizona
PEDRO PIERLUISI, Puerto Rico                LOUIE GOHMERT, Texas
MIKE QUIGLEY, Illinois                      JIM JORDAN, Ohio
JUDY CHU, California                        TED POE, Texas
LUIS V. GUTIERREZ, Illinois                 JASON CHAFFETZ, Utah
TAMMY BALDWIN, Wisconsin                    TOM ROONEY, Florida
CHARLES A. GONZALEZ, Texas                  GREGG HARPER, Mississippi
ANTHONY D. WEINER, New York
ADAM B. SCHIFF, California
LINDA T. SANCHEZ, California
DEBBIE WASSERMAN SCHULTZ, Florida
DANIEL MAFFEI, New York
                                     

        Perry Apelbaum, Majority Staff Director and Chief Counsel
      Sean McLaughlin, Minority Chief of Staff and General Counsel

                                  (ii)

                                FOREWORD

    This document contains the Federal Rules of Bankruptcy Procedure, as 
amended to December 1, 2009. The rules have been promulgated and amended 
by the United States Supreme Court pursuant to law, and further amended 
by Acts of Congress. This document has been prepared by the Committee in 
response to the need for an up-to-date document containing the latest 
amendments to the rules.
    For the convenience of the user, where a rule has been amended a 
reference to the date the amendment was promulgated and the date the 
amendment became effective follows the text of the rule.
    The Committee on Rules of Practice and Procedure and the Advisory 
Committee on the Federal Rules of Bankruptcy Procedure, Judicial 
Conference of the United States, prepared notes explaining the purpose 
and intent of the amendments to the rules. The Committee Notes may be 
found in the Appendix to Title 11, United States Code, following the 
particular rule to which they relate.



                                   Chairman, Committee on the Judiciary.
    December 1, 2009.

                                  (iii)


                   AUTHORITY FOR PROMULGATION OF RULES

                      TITLE 28, UNITED STATES CODE

Sec. 2073. Rules of procedure and evidence; method of prescribing
    (a)(1) The Judicial Conference shall prescribe and publish the 
procedures for the consideration of proposed rules under this section.
    (2) The Judicial Conference may authorize the appointment of 
committees to assist the Conference by recommending rules to be 
prescribed under sections 2072 and 2075 of this title. Each such 
committee shall consist of members of the bench and the professional 
bar, and trial and appellate judges.
    (b) The Judicial Conference shall authorize the appointment of a 
standing committee on rules of practice, procedure, and evidence under 
subsection (a) of this section. Such standing committee shall review 
each recommendation of any other committees so appointed and recommend 
to the Judicial Conference rules of practice, procedure, and evidence 
and such changes in rules proposed by a committee appointed under 
subsection (a)(2) of this section as may be necessary to maintain 
consistency and otherwise promote the interest of justice.
    (c)(1) Each meeting for the transaction of business under this 
chapter by any committee appointed under this section shall be open to 
the public, except when the committee so meeting, in open session and 
with a majority present, determines that it is in the public interest 
that all or part of the remainder of the meeting on that day shall be 
closed to the public, and states the reason for so closing the meeting. 
Minutes of each meeting for the transaction of business under this 
chapter shall be maintained by the committee and made available to the 
public, except that any portion of such minutes, relating to a closed 
meeting and made available to the public, may contain such deletions as 
may be necessary to avoid frustrating the purposes of closing the 
meeting.
    (2) Any meeting for the transaction of business under this chapter, 
by a committee appointed under this section, shall be preceded by 
sufficient notice to enable all interested persons to attend.
    (d) In making a recommendation under this section or under section 
2072 or 2075, the body making that recommendation shall provide a 
proposed rule, an explanatory note on the rule, and a written report 
explaining the body's action, including any minority or other separate 
views.
    (e) Failure to comply with this section does not invalidate a rule 
prescribed under section 2072 or 2075 of this title.
(Added Pub. L. 100-702, title IV, Sec. 401(a), Nov. 19, 1988, 102 Stat. 
4649, eff. Dec. 1, 1988; amended Pub. L. 103-394, title I, Sec. 104(e), 
Oct. 22, 1994, 108 Stat. 4110.)
Sec. 2075. Bankruptcy rules
    The Supreme Court shall have the power to prescribe by general 
rules, the forms of process, writs, pleadings, and motions, and the 
practice and procedure in cases under title 11.
    Such rules shall not abridge, enlarge, or modify any substantive 
right.
    The Supreme Court shall transmit to Congress not later than May 1 of 
the year in which a rule prescribed under this section is to become 
effective a copy of the proposed rule. The rule shall take effect no 
earlier than December 1 of the year in which it is transmitted to 
Congress unless otherwise provided by law.
    The bankruptcy rules promulgated under this section shall prescribe 
a form for the statement required under section 707(b)(2)(C) of title 11 
and may provide general rules on the content of such statement.
(Added Pub. L. 88-623, Sec. 1, Oct. 3, 1964, 78 Stat. 1001; amended Pub. 
L. 95-598, title II, Sec. 247, Nov. 6, 1978, 92 Stat. 2672; Pub. L. 103-
394, title I, Sec. 104(f), Oct. 22, 1994, 108 Stat. 4110; Pub. L. 109-8, 
title XII, Sec. 1232, Apr. 20, 2005, 119 Stat. 202.)
                             HISTORICAL NOTE

                             HISTORICAL NOTE

    The Supreme Court prescribes rules of bankruptcy procedure for the 
district courts pursuant to section 2075 of Title 28, United States 
Code. Pursuant to that section, the Supreme Court transmits to Congress 
(not later than May 1 of the year in which the rule is to become 
effective) a copy of the proposed rule. The rule takes effect no earlier 
than December 1 of the year in which the rule is transmitted unless 
otherwise provided by law.
    The Supreme Court, under the Bankruptcy Act [July 1, 1898, ch. 541, 
30 Stat. 544], promulgated thirty-eight General Orders by an order dated 
November 28, 1898, which provided in part: ``[T]hat the following rules 
be adopted and established as general orders in bankruptcy, to take 
effect on the first Monday, being the second day, of January 1899. And 
it is further ordered that all proceedings in bankruptcy had before that 
day, in accordance with the act aforesaid, and being in substantial 
conformity either with the provisions of these general orders, or else 
with the general orders established by this court under the bankrupt act 
of 1867 [Mar. 2, 1867, ch. 176, 14 Stat. 517] and with any general rules 
or special orders of the courts in bankruptcy, stand good, subject, 
however, to such further regulation by rule or order of those courts as 
may be necessary or proper to carry into force and effect the bankrupt 
act of 1898 and the general orders of this court.''
    The Supreme Court issued orders which promulgated, added, amended, 
or abrogated the General Orders and Forms in Bankruptcy in 1898, 1905, 
1915, 1917, 1925, 1930, 1931, 1932, 1933, 1935, 1936, 1937, 1938, 1939, 
1940, 1947, 1958, and 1961.
    The extant General Orders in Bankruptcy 1 to 7, 9 to 12, 14 to 26, 
28 to 40, 42 to 45, 47, 50, 51, 53, and 56 and extant Official Forms in 
Bankruptcy 1 to 13, 15 to 20, 22 to 47, and 70 to 72 were abrogated by 
Order of the Supreme Court dated April 24, 1973, effective October 1, 
1973. The Order adopted the Bankruptcy Rules and Forms for proceedings 
under Chapters 1 to 7 and 13 of the Bankruptcy Act. The Rules and Forms 
for proceedings under Chapter 11 of the Bankruptcy Act were adopted 
March 18, 1974, effective July 1, 1974. The Rules and Forms for 
proceedings under Chapters 10 and 12 of the Bankruptcy Act were adopted 
April 28, 1975, effective August 1, 1975.
    By order dated April 24, 1973, effective October 1, 1973, the 
Supreme Court prescribed, pursuant to section 2075 of Title 28, United 
States Code, the rules and forms as approved by the Judicial Conference 
of the United States, to be known as the Bankruptcy Rules and Official 
Bankruptcy Forms. General Orders in Bankruptcy 1 to 7, 9 to 12, 14 to 
26, 28 to 40, 42 to 45, 47, 50, 51, 53, and 56 and Official Forms in 
Bankruptcy 1 to 13, 15 to 20, 22 to 47, and 70 to 72, were abrogated by 
the same order.
    The Bankruptcy Reform Act of 1978, Pub. L. 95-598, Nov. 6, 1978, 92 
Stat. 2549, codified and enacted the law relating to bankruptcy as Title 
11 of the United States Code, entitled ``Bankruptcy''. Section 405(d) of 
Pub. L. 95-598 provided that: ``The rules prescribed under section 2075 
of title 28 of the United States Code and in effect on September 30, 
1979, shall apply to cases under title 11, to the extent not 
inconsistent with the amendments made by this Act, or with this Act, 
until such rules are repealed or superseded by rules prescribed and 
effective under such section, as amended by section 248 [247] of this 
Act.''
    By order dated April 25, 1983, transmitted to Congress by the Chief 
Justice on the same day (461 U.S. 973, Cong. Rec. vol. 129, pt. 8, p. 
9689, Ex. Comm. 1005; H. Doc. 98-52), and effective August 1, 1983, the 
Supreme Court adopted new Bankruptcy Rules and superseded the former 
rules.
    Section 2(a) of Public Law 98-91 (approved August 30, 1983, 97 Stat. 
607) amended Rule 2002, effective August 1, 1983.
    Section 321 of Public Law 98-353 (approved July 10, 1984, 98 Stat. 
357) amended Rule 2002, effective 90 days after July 10, 1984.
    Additional amendments were adopted by the Court by order dated April 
29, 1985, were transmitted to Congress by the Chief Justice on the same 
day (471 U.S. 1147, Cong. Rec., vol. 131, pt. 7, p. 9826, Ex. Comm. 
1155; H. Doc. 99-62), and became effective August 1, 1985. The 
amendments affected Rules 5002 and 5004.
    Additional amendments were adopted by the Court by order dated March 
30, 1987, were transmitted to Congress by the Chief Justice on the same 
day (480 U.S. 1077, Cong. Rec., vol. 133, pt. 6, p. 7237, Ex. Comm. 
1027; H. Doc. 100-54), and became effective August 1, 1987. The 
amendments affected Rules 1001, 1002, 1003, 1005, 1006, 1007, 1009, 
1010, 1011, 1012, 1014, 1015, 1017, 1018, 1019, 2001, 2002, 2003, 2004, 
2005, 2006, 2007, 2008, 2009, 2010, 2012, 2013, 2014, 2015, 2016, 2017, 
2018, 2019, 3002, 3003, 3004, 3005, 3009, 3010, 3011, 3012, 3016, 3017, 
3018, 3019, 3020, 3022, 4001, 4002, 4003, 4004, 4005, 4006, 4007, 5001, 
5003, 5004, 5005, 5007, 5008, 5010, 5011, 6002, 6004, 6006, 6007, 7001, 
7004, 7008, 7012, 7013, 7019, 7070, 7087, 8001, 8002, 8003, 8004, 8005, 
8006, 8007, 8008, 8009, 8013, 8014, 8015, 8016, 8018, 8019, 9001, 9002, 
9003, 9006, 9007, 9010, 9011, 9012, 9013, 9014, 9015, 9016, 9018, 9019, 
9020, 9021, 9022, 9027, 9028, 9029, 9030, 9033, X-1002, X-1004, X-1006, 
X-1008, X-1009, and X-1010.
    An additional amendment was adopted by the Court by order dated 
April 25, 1989, was transmitted to Congress by the Chief Justice on the 
same day (490 U.S. 1119, Cong. Rec., vol. 135, pt. 6, p. 7542, Ex. Comm. 
1057; H. Doc. 101-54), and became effective August 1, 1989. The 
amendment affected Rule 9006.
    Additional amendments were adopted by the Court by order dated April 
30, 1991, were transmitted to Congress by the Chief Justice on the same 
day (500 U.S. 1017, Cong. Rec., vol. 137, pt. 7, p. 9722, Ex. Comm. 
1193; H. Doc. 102-80), and became effective August 1, 1991. The 
amendments affected Rules 1001, 1002, 1007, 1008, 1009, 1010, 1013, 
1014, 1016, 1017, 1019, 2001, 2002, 2003, 2004, 2006, 2007, 2008, 2009, 
2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 3001, 3002, 
3003, 3005, 3006, 3007, 3010, 3011, 3013, 3015, 3016, 3017, 3018, 3020, 
3022, 4001, 4003, 4004, 4007, 4008, 5001, 5002, 5005, 5006, 5007, 5008, 
5009, 5010, 5011, 6002, 6003, 6004, 6005, 6006, 6007, 6010, 7001, 7004, 
7010, 7017, 7041, 7062, 8001, 8002, 8004, 8006, 8007, 8016, 9001, 9003, 
9006, 9009, 9010, 9011, 9012, 9019, 9020, 9022, 9024, 9027, 9029, and 
9032, and added new Rules 2007.1, 2020, 9034, and 9035. The order also 
abrogated in its entirety Part X of the Bankruptcy Rules, entitled 
``United States Trustees''.
    Additional amendments were adopted by the Court by order dated April 
22, 1993, were transmitted to Congress by the Chief Justice on the same 
day (507 U.S. 1075, Cong. Rec., vol. 139, pt. 6, p. 8127, Ex. Comm. 
1101; H. Doc. 103-73), and became effective August 1, 1993. The 
amendments affected Rules 1010, 1013, 1017, 2002, 2003, 2005, 3009, 
3015, 3018, 3019, 3020, 5005, 6002, 6006, 6007, 9002, and 9019, and 
added new Rule 9036.
    Additional amendments were adopted by the Court by order dated April 
29, 1994, were transmitted to Congress by the Chief Justice on the same 
day (511 U.S. 1169, Cong. Rec. vol. 140, pt. 7, p. 8903, Ex. Comm. 3083; 
H. Doc. 103-248), and became effective August 1, 1994. The amendments 
affected Rules 8002 and 8006.
    Section 114 of Public Law 103-394 (approved October 22, 1994, 108 
Stat. 4118) amended Rule 7004, effective October 22, 1994.
    Additional amendments were adopted by the Court by order dated April 
27, 1995, were transmitted to Congress by the Chief Justice on the same 
day (514 U.S. 1145, Cong. Rec. vol. 141, pt. 8, p. 11745, Ex. Comm. 810; 
H. Doc. 104-67), and became effective December 1, 1995. The amendments 
affected Rules 8018 and 9029.
    Additional amendments were adopted by the Court by order dated April 
23, 1996, were transmitted to Congress by the Chief Justice on the same 
day (517 U.S. 1263, Cong. Rec. vol. 142, pt. 6, p. 8831, Ex. Comm. 2490; 
H. Doc. 104-204), and became effective December 1, 1996. The amendments 
affected Rules 1006, 1007, 1019, 2002, 2015, 3002, 3016, 4004, 5005, 
7004, 8008, and 9006.
    Additional amendments were adopted by the Court by order dated April 
11, 1997, were transmitted to Congress by the Chief Justice on the same 
day (520 U.S. 1285, Cong. Rec. vol. 143, pt. 4, p. 5550, Ex. Comm. 2797; 
H. Doc. 105-70), and became effective December 1, 1997. The amendments 
affected Rules 1010, 1019, 2002, 2007.1, 3014, 3017, 3018, 3021, 8001, 
8002, 9011, and 9035, and added new Rules 1020, 3017.1, 8020, and 9015.
    Additional amendments were adopted by the Court by order dated April 
26, 1999, were transmitted to Congress by the Chief Justice on the same 
day (526 U.S. 1169, Cong. Rec. vol. 145, pt. 6, p. 7907, Ex. Comm. 1786; 
H. Doc. 106-53), and became effective December 1, 1999. The amendments 
affected Rules 1017, 1019, 2002, 2003, 3020, 3021, 4001, 4004, 4007, 
6004, 6006, 7001, 7004, 7062, 9006, and 9014.
    Additional amendments were adopted by the Court by order dated April 
17, 2000, were transmitted to Congress by the Chief Justice on the same 
day (529 U.S. 1147, Cong. Rec. vol. 146, pt. 5, p. 6328, Ex. Comm. 7334; 
H. Doc. 106-226), and became effective December 1, 2000. The amendments 
affected Rules 1017, 2002, 4003, 4004, and 5003.
    Additional amendments were adopted by the Court by order dated April 
23, 2001, were transmitted to Congress by the Chief Justice on the same 
day (532 U.S. 1077, Cong. Rec. vol. 147, pt. 5, p. 6126, Ex. Comm. 1574; 
H. Doc. 107-60), and became effective December 1, 2001. The amendments 
affected Rules 1007, 2002, 3016, 3017, 3020, 9006, 9020, and 9022.
    Additional amendments were adopted by the Court by order dated April 
29, 2002, were transmitted to Congress by the Chief Justice on the same 
day (535 U.S. 1139, Cong. Rec. vol. 148, pt. 5, p. 6813, Ex. Comm. 6624; 
H. Doc. 107-205), and became effective December 1, 2002. The amendments 
affected Rules 1004, 2004, 2015, 4004, 9014, and 9027, and added new 
Rule 1004.1.
    Additional amendments were adopted by the Court by order dated March 
27, 2003, were transmitted to Congress by the Chief Justice on the same 
day (538 U.S. 1075, Cong. Rec. vol. 149, pt. 6, p. 7689, Ex. Comm. 1495; 
H. Doc. 108-58), and became effective December 1, 2003. The amendments 
affected Rules 1005, 1007, 2002, 2003, 2009, and 2016, and added new 
Rule 7007.1.
    Additional amendments were adopted by the Court by order dated April 
26, 2004, were transmitted to Congress by the Chief Justice on the same 
day (541 U.S. 1097, Cong. Rec. vol. 150, pt. 6, p. 7967, Ex. Comm. 7864; 
H. Doc. 108-181), and became effective December 1, 2004. The amendments 
affected Rules 1011, 2002, and 9014.
    Additional amendments were adopted by the Court by order dated April 
25, 2005, were transmitted to Congress by the Chief Justice on the same 
day (544 U.S. 1163, Cong. Rec. vol. 151, pt. 7, p. 8784, Ex. Comm. 1908; 
H. Doc. 109-25), and became effective December 1, 2005. The amendments 
affected Rules 1007, 2002, 3004, 3005, 7004, 9001, 9006, and 9036.
    Additional amendments were adopted by the Court by order dated April 
12, 2006, were transmitted to Congress by the Chief Justice on the same 
day (547 U.S. 1227, Cong. Rec. vol. 152, pt. 6, p. 7213, Ex. Comm. 7319; 
H. Doc. 109-107), and became effective December 1, 2006. The amendments 
affected Rules 1009, 5005, and 7004.
    Additional amendments were adopted by the Court by order dated April 
30, 2007, were transmitted to Congress by the Chief Justice on the same 
day (550 U.S. 989, Cong. Rec. vol. 153, p. H4208, Daily Issue, Ex. Comm. 
1375; H. Doc. 110-25), and became effective December 1, 2007. The 
amendments affected Rules 1014, 3007, 4001, 6006, 7007.1, and added new 
Rules 6003, 9005.1, and 9037.
    Additional amendments were adopted by the Court by order dated April 
23, 2008, were transmitted to Congress by the Chief Justice on the same 
day (553 U.S. 1105, Cong. Rec. vol. 154, p. H4876, Daily Issue, Ex. 
Comm. 6880; H. Doc. 110-25), and became effective December 1, 2008. The 
amendments affected Rules 1005, 1006, 1007, 1009, 1010, 1011, 1015, 
1017, 1019, 1020, 2002, 2003, 2007.1, 2015, 3002, 3003, 3016, 3017.1, 
3019, 4002, 4003, 4004, 4006, 4007, 4008, 5001, 5003, 6004, 7012, 7022, 
7023.1, 8001, 8003, 9006, 9009, and 9024, and added new Rules 1021, 
2007.2, 2015.1, 2015.2, 2015.3, 5008, and 6011.
    Additional amendments were adopted by the Court by order dated March 
26, 2009, were transmitted to Congress by the Chief Justice on March 25, 
2009 (556 U.S.----, Cong. Rec. vol. 155, p. H4578, Daily Issue, Ex. 
Comm. 1266; H. Doc. 111-31), and became effective December 1, 2009. The 
amendments affected Rules 1007, 1011, 1019, 1020, 2002, 2003, 2006, 
2007, 2007.2, 2008, 2015, 2015.1, 2015.2, 2015.3, 2016, 3001, 3015, 
3017, 3019, 3020, 4001, 4002, 4004, 4008, 6003, 6004, 6006, 6007, 7004, 
7012, 7052, 8001, 8002, 8003, 8006, 8009, 8015, 8017, 9006, 9015, 9021, 
9023, 9027, and 9033, and added new Rule 7058.

                   Committee Notes and Official Forms

    Committee Notes prepared by the Committee on Rules of Practice and 
Procedure and the Advisory Committee on the Federal Rules of Bankruptcy 
Procedure, Judicial Conference of the United States, explaining the 
purpose and intent of the amendments are set out in the Appendix to 
Title 11, United States Code, following the particular rule to which 
they relate. In addition, the rules and amendments, together with 
Committee Notes, are set out in the House documents listed above.
    The Official Forms prescribed pursuant to Rule 9009 are set out in 
the Appendix to Title 11, United States Code, and may also be found 
under Rules and Forms in Effect at the Federal Rulemaking page of the 
United States Courts website, www.uscourts.gov/RulesAndPolicies/
FederalRulemaking/RulesAndForms.aspx.




                                CONTENTS

                            TABLE OF CONTENTS

                               ____

                                                                    Page
Foreword......................................................       iii
Authority for promulgation of rules...........................         v
Historical note...............................................       vii

                                  RULES

        Rule 1001. Scope of Rules and Forms; Short Title...............1
PART I. COMMENCEMENT OF CASE; PROCEEDINGS RELATING TO PETITION 
    AND ORDER FOR RELIEF
        Rule 1002. Commencement of Case................................1
        Rule 1003. Involuntary Petition................................1
        Rule 1004. Involuntary Petition Against a Partnership..........2
        Rule 1004.1. Petition for an Infant or Incompetent Person......2
        Rule 1005. Caption of Petition.................................2
        Rule 1006. Filing Fee..........................................2
        Rule 1007. Lists, Schedules, Statements, and Other Documents; 
                        Time Limits....................................3
        Rule 1008. Verification of Petitions and Accompanying Papers...7
        Rule 1009. Amendments of Voluntary Petitions, Lists, Schedules 
                        and Statements.................................7
        Rule 1010. Service of Involuntary Petition and Summons; Petition 
                        For Recognition of a Foreign Nonmain Proceeding8
        Rule 1011. Responsive Pleading or Motion in Involuntary and 
                        Cross-Border Cases.............................8
        Rule 1012. [Abrogated.]
        Rule 1013. Hearing and Disposition of a Petition in an 
                        Involuntary Case...............................9
        Rule 1014. Dismissal and Change of Venue.......................9
        Rule 1015. Consolidation or Joint Administration of Cases 
                        Pending in Same Court.........................10
        Rule 1016. Death or Incompetency of Debtor....................11
        Rule 1017. Dismissal or Conversion of Case; Suspension........11
        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...12
        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...............12
        Rule 1020. Small Business Chapter 11 Reorganization Case......14
        Rule 1021. Health Care Business Case..........................15
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........16
        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.............16
        Rule 2003. Meeting of Creditors or Equity Security Holders....22
        Rule 2004. Examination........................................23
        Rule 2005. Apprehension and Removal of Debtor to Compel 
                        Attendance for Examination....................24
        Rule 2006. Solicitation and Voting of Proxies in Chapter 7 
                        Liquidation Cases.............................25
        Rule 2007. Review of Appointment of Creditors' Committee 
                        Organized Before Commencement of the Case.....27

  

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

  Continued

Page

        Rule 2007.1. Appointment of Trustee or Examiner in a Chapter 11 
                        Reorganization Case...........................28
        Rule 2007.2. Appointment of Patient Care Ombudsman in a Health 
                        Care Business Case............................29
        Rule 2008. Notice to Trustee of Selection.....................30
        Rule 2009. Trustees for Estates When Joint Administration 
                        Ordered.......................................30
        Rule 2010. Qualification by Trustee; Proceeding on Bond.......31
        Rule 2011. Evidence of Debtor in Possession or Qualification of 
                        Trustee.......................................31
        Rule 2012. Substitution of Trustee or Successor Trustee; 
                        Accounting....................................31
        Rule 2013. Public Record of Compensation Awarded to Trustees, 
                        Examiners, and Professionals..................32
        Rule 2014. Employment of Professional Persons.................32
        Rule 2015. Duty to Keep Records, Make Reports, and Give Notice 
                        of Case or Change of Status...................33
        Rule 2015.1. Patient Care Ombudsman...........................34
        Rule 2015.2. Transfer of Patient in Health Care Business Case.35
        Rule 2015.3. Reports of Financial Information on Entities in 
                        Which a Chapter 11 Estate Holds a Controlling or 
                        Substantial Interest..........................35
        Rule 2016. Compensation for Services Rendered and Reimbursement 
                        of Expenses...................................36
        Rule 2017. Examination of Debtor's Transactions with Debtor's 
                        Attorney......................................37
        Rule 2018. Intervention; Right to Be Heard....................37
        Rule 2019. Representation of Creditors and Equity Security 
                        Holders in Chapter 9 Municipality and Chapter 11 
                        Reorganization Cases..........................38
        Rule 2020. Review of Acts by United States Trustee............39
PART III. CLAIMS AND DISTRIBUTION TO CREDITORS AND EQUITY 
    INTEREST HOLDERS; PLANS
        Rule 3001. Proof of Claim.....................................39
        Rule 3002. Filing Proof of Claim or Interest..................41
        Rule 3003. Filing Proof of Claim or Equity Security Interest in 
                        Chapter 9 Municipality or Chapter 11 
                        Reorganization Cases..........................42
        Rule 3004. Filing of Claims by Debtor or Trustee..............42
        Rule 3005. Filing of Claim, Acceptance, or Rejection by 
                        Guarantor, Surety, Indorser, or Other Codebtor43
        Rule 3006. Withdrawal of Claim; Effect on Acceptance or 
                        Rejection of Plan.............................43
        Rule 3007. Objections to Claims...............................43
        Rule 3008. Reconsideration of Claims..........................44
        Rule 3009. Declaration and Payment of Dividends in a Chapter 7 
                        Liquidation Case..............................45
        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..............................45
        Rule 3011. Unclaimed Funds in Chapter 7 Liquidation, Chapter 12 
                        Family Farmer's Debt Adjustment, and Chapter 13 
                        Individual's Debt Adjustment Cases............45
        Rule 3012. Valuation of Security..............................45
        Rule 3013. Classification of Claims and Interests.............45
        Rule 3014. Election Under Sec. 1111(b) by Secured Creditor in 
                        Chapter 9 Municipality or Chapter 11 
                        Reorganization Case...........................46
        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...............................46
        Rule 3016. Filing of Plan and Disclosure Statement in a Chapter 
                        9 Municipality or Chapter 11 Reorganization Ca47
        Rule 3017. Court Consideration of Disclosure Statement in a 
                        Chapter 9 Municipality or Chapter 11 
                        Reorganization Case...........................47
        Rule 3017.1. Court Consideration of Disclosure Statement in a 
                        Small Business Case...........................49
        Rule 3018. Acceptance or Rejection of Plan in a Chapter 9 
                        Municipality or a Chapter 11 Reorganization Ca50
        Rule 3019. Modification of Accepted Plan in a Chapter 9 
                        Municipality or a Chapter 11 Reorganization Ca51
        Rule 3020. Deposit; Confirmation of Plan in a Chapter 9 
                        Municipality or Chapter 11 Reorganization Case51
        Rule 3021. Distribution Under Plan............................52
        Rule 3022. Final Decree in Chapter 11 Reorganization Case.....52

  

PART IV. THE DEBTOR: DUTIES AND BENEFITS

Page

        Rule 4001. Relief from Automatic Stay; Prohibiting or 
                        Conditioning the Use, Sale, or Lease of 
                        Property; Use of Cash Collateral; Obtaining 
                        Credit; Agreements............................53
        Rule 4002. Duties of Debtor...................................57
        Rule 4003. Exemptions.........................................58
        Rule 4004. Grant or Denial of Discharge.......................59
        Rule 4005. Burden of Proof in Objecting to Discharge..........60
        Rule 4006. Notice of No Discharge.............................60
        Rule 4007. Determination of Dischargeability of a Debt........60
        Rule 4008. Filing of Reaffirmation Agreement; Statement in 
                        Support of Reaffirmation Agreement............61
PART V. COURTS AND CLERKS
        Rule 5001. Courts and Clerks' Offices.........................61
        Rule 5002. Restrictions on Approval of Appointments...........62
        Rule 5003. Records Kept By the Clerk..........................62
        Rule 5004. Disqualification...................................64
        Rule 5005. Filing and Transmittal of Papers...................64
        Rule 5006. Certification of Copies of Papers..................65
        Rule 5007. Record of Proceedings and Transcripts..............65
        Rule 5008. Notice Regarding Presumption of Abuse in Chapter 7 
                        Cases of Individual Debtors...................65
        Rule 5009. Closing Chapter 7 Liquidation, Chapter 12 Family 
                        Farmer's Debt Adjustment, and Chapter 13 
                        Individual's Debt Adjustment Cases............66
        Rule 5010. Reopening Cases....................................66
        Rule 5011. Withdrawal and Abstention from Hearing a Proceeding66
PART VI. COLLECTION AND LIQUIDATION OF THE ESTATE
        Rule 6001. Burden of Proof As to Validity of Postpetition 
                        Transfer......................................66
        Rule 6002. Accounting by Prior Custodian of Property of the 
                        Estate........................................67
        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.............67
        Rule 6004. Use, Sale, or Lease of Property....................67
        Rule 6005. Appraisers and Auctioneers.........................69
        Rule 6006. Assumption, Rejection or Assignment of an Executory 
                        Contract or Unexpired Lease...................69
        Rule 6007. Abandonment or Disposition of Property.............70
        Rule 6008. Redemption of Property from Lien or Sale...........70
        Rule 6009. Prosecution and Defense of Proceedings by Trustee or 
                        Debtor in Possession..........................70
        Rule 6010. Proceeding to Avoid Indemnifying Lien or Transfer to 
                        Surety........................................71
        Rule 6011. Disposal of Patient Records in Health Care Business 
                        Case..........................................71
PART VII. ADVERSARY PROCEEDINGS
        Rule 7001. Scope of Rules of Part VII.........................72
        Rule 7002. References to Federal Rules of Civil Procedure.....72
        Rule 7003. Commencement of Adversary Proceeding...............72
        Rule 7004. Process; Service of Summons, Complaint.............72
        Rule 7005. Service and Filing of Pleadings and Other Papers...75
        Rule 7007. Pleadings Allowed..................................75
        Rule 7007.1. Corporate Ownership Statement....................75
        Rule 7008. General Rules of Pleading..........................76
        Rule 7009. Pleading Special Matters...........................76
        Rule 7010. Form of Pleadings..................................76
        Rule 7012. Defenses and Objections--When and How Presented--By 
                        Pleading or Motion--Motion for Judgment on the 
                        Pleadings.....................................76
        Rule 7013. Counterclaim and Cross-Claim.......................77
        Rule 7014. Third-Party Practice...............................77
        Rule 7015. Amended and Supplemental Pleadings.................77
        Rule 7016. Pre-Trial Procedure; Formulating Issues............77
        Rule 7017. Parties Plaintiff and Defendant; Capacity..........77
        Rule 7018. Joinder of Claims and Remedies.....................77
        Rule 7019. Joinder of Persons Needed for Just Determination...77
        Rule 7020. Permissive Joinder of Parties......................78
        Rule 7021. Misjoinder and Non-Joinder of Parties..............78
        Rule 7022. Interpleader.......................................78
        Rule 7023. Class Proceedings..................................78
        Rule 7023.1. Derivative Actions...............................78

  

PART VII. ADVERSARY PROCEEDINGS--Continued

Page

        Rule 7023.2. Adversary Proceedings Relating to Unincorporated 
                        Associations..................................78
        Rule 7024. Intervention.......................................78
        Rule 7025. Substitution of Parties............................78
        Rule 7026. General Provisions Governing Discovery.............78
        Rule 7027. Depositions Before Adversary Proceedings or Pending 
                        Appeal........................................78
        Rule 7028. Persons Before Whom Depositions May Be Taken.......78
        Rule 7029. Stipulations Regarding Discovery Procedure.........78
        Rule 7030. Depositions Upon Oral Examination..................78
        Rule 7031. Deposition Upon Written Questions..................78
        Rule 7032. Use of Depositions in Adversary Proceedings........78
        Rule 7033. Interrogatories to Parties.........................78
        Rule 7034. Production of Documents and Things and Entry Upon 
                        Land for Inspection and Other Purposes........79
        Rule 7035. Physical and Mental Examination of Persons.........79
        Rule 7036. Requests for Admission.............................79
        Rule 7037. Failure to Make Discovery: Sanctions...............79
        Rule 7040. Assignment of Cases for Trial......................79
        Rule 7041. Dismissal of Adversary Proceedings.................79
        Rule 7042. Consolidation of Adversary Proceedings; Separate 
                        Trials........................................79
        Rule 7052. Findings by the Court..............................79
        Rule 7054. Judgments; Costs...................................79
        Rule 7055. Default............................................79
        Rule 7056. Summary Judgment...................................79
        Rule 7058. Entering Judgment in Adversary Proceeding..........80
        Rule 7062. Stay of Proceedings to Enforce a Judgment..........80
        Rule 7064. Seizure of Person or Property......................80
        Rule 7065. Injunctions........................................80
        Rule 7067. Deposit in Court...................................80
        Rule 7068. Offer of Judgment..................................80
        Rule 7069. Execution..........................................80
        Rule 7070. Judgment for Specific Acts; Vesting Title..........80
        Rule 7071. Process in Behalf of and Against Persons Not Partie80
        Rule 7087. Transfer of Adversary Proceeding...................80
PART VIII. APPEALS TO DISTRICT COURT OR BANKRUPTCY APPELLATE 
    PANEL
        Rule 8001. Manner of Taking Appeal; Voluntary Dismissal; 
                        Certification to Court of Appeals.............80
        Rule 8002. Time for Filing Notice of Appeal...................83
        Rule 8003. Leave to Appeal....................................84
        Rule 8004. Service of the Notice of Appeal....................85
        Rule 8005. Stay Pending Appeal................................85
        Rule 8006. Record and Issues on Appeal........................86
        Rule 8007. Completion and Transmission of the Record; Docketing 
                        of the Appeal.................................86
        Rule 8008. Filing and Service.................................87
        Rule 8009. Briefs and Appendix; Filing and Service............88
        Rule 8010. Form of Briefs; Length.............................89
        Rule 8011. Motions............................................89
        Rule 8012. Oral Argument......................................90
        Rule 8013. Disposition of Appeal; Weight Accorded Bankruptcy 
                        Judge's Findings of Fact......................91
        Rule 8014. Costs..............................................91
        Rule 8015. Motion for Rehearing...............................91
        Rule 8016. Duties of Clerk of District Court and Bankruptcy 
                        Appellate Panel...............................91
        Rule 8017. Stay of Judgment of District Court or Bankruptcy 
                        Appellate Panel...............................92
        Rule 8018. Rules by Circuit Councils and District Courts; 
                        Procedure When There is No Controlling Law....92
        Rule 8019. Suspension of Rules in Part VIII...................93
        Rule 8020. Damages and Costs for Frivolous Appeal.............93
PART IX. GENERAL PROVISIONS
        Rule 9001. General Definitions................................93
        Rule 9002. Meanings of Words in the Federal Rules of Civil 
                        Procedure When Applicable to Cases under the 
                        Code..........................................94
        Rule 9003. Prohibition of Ex Parte Contacts...................94

  

PART IX. GENERAL PROVISIONS--Continued

Page

        Rule 9004. General Requirements of Form.......................95
        Rule 9005. Harmless Error.....................................95
        Rule 9005.1. Constitutional Challenge to a Statute--Notice, 
                        Certification, and Intervention...............95
        Rule 9006. Computing and Extending Time.......................95
        Rule 9007. General Authority to Regulate Notices..............97
        Rule 9008. Service or Notice by Publication...................97
        Rule 9009. Forms..............................................97
        Rule 9010. Representation and Appearances; Powers of Attorney.98
        Rule 9011. Signing of Papers; Representations to the Court; 
                        Sanctions; Verification and Copies of Papers..98
        Rule 9012. Oaths and Affirmations............................100
        Rule 9013. Motions: Form and Service.........................100
        Rule 9014. Contested Matters.................................100
        Rule 9015. Jury Trials.......................................101
        Rule 9016. Subpoena..........................................101
        Rule 9017. Evidence..........................................102
        Rule 9018. Secret, Confidential, Scandalous, or Defamatory 
                        Matter.......................................102
        Rule 9019. Compromise and Arbitration........................102
        Rule 9020. Contempt Proceedings..............................102
        Rule 9021. Entry of Judgment.................................102
        Rule 9022. Notice of Judgment or Order.......................102
        Rule 9023. New Trials; Amendment of Judgments................103
        Rule 9024. Relief from Judgment or Order.....................103
        Rule 9025. Security: Proceedings Against Sureties............103
        Rule 9026. Exceptions Unnecessary............................103
        Rule 9027. Removal...........................................103
        Rule 9028. Disability of a Judge.............................106
        Rule 9029. Local Bankruptcy Rules; Procedure When There is No 
                        Controlling Law..............................106
        Rule 9030. Jurisdiction and Venue Unaffected.................106
        Rule 9031. Masters Not Authorized............................106
        Rule 9032. Effect of Amendment of Federal Rules of Civil 
                        Procedure....................................106
        Rule 9033. Review of Proposed Findings of Fact and Conclusions 
                        of Law in Non-Core Proceedings...............107
        Rule 9034. Transmittal of Pleadings, Motion Papers, Objections, 
                        and Other Papers to the United States Trustee107
        Rule 9035. Applicability of Rules in Judicial Districts in 
                        Alabama and North Carolina...................108
        Rule 9036. Notice by Electronic Transmission.................108
        Rule 9037. Privacy Protection For Filings Made with the Court108
PART X. [ABROGATED]




                  FEDERAL RULES OF BANKRUPTCY PROCEDURE

         Effective August 1, 1983, as amended to December 1, 2009


Rule 1001
 Scope of Rules and Forms; Short Title___________________________
    The Bankruptcy Rules and Forms govern procedure in cases under title 
11 of the United States Code. The rules shall be cited as the Federal 
Rules of Bankruptcy Procedure and the forms as the Official Bankruptcy 
Forms. These rules shall be construed to secure the just, speedy, and 
inexpensive determination of every case and proceeding.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 
1, 1991.)

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

Rule 1002

 Commencement of Case____________________________________________
    (a) Petition. A petition commencing a case under the Code shall be 
filed with the clerk.
    (b) Transmission to United States Trustee. The clerk shall forthwith 
transmit to the United States trustee a copy of the petition filed 
pursuant to subdivision (a) of this rule.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 
1, 1991.)
Rule 1003
_____. Involuntary Petition____________________________________________
    (a) Transferor or Transferee of Claim. A transferor or transferee of 
a claim shall annex to the original and each copy of the petition a copy 
of all documents evidencing the transfer, whether transferred 
unconditionally, for security, or otherwise, and a signed statement that 
the claim was not transferred for the purpose of commencing the case and 
setting forth the consideration for and terms of the transfer. An entity 
that has transferred or acquired a claim for the purpose of commencing a 
case for liquidation under chapter 7 or for reorganization under chapter 
11 shall not be a qualified petitioner.
    (b) Joinder of Petitioners After Filing. If the answer to an 
involuntary petition filed by fewer than three creditors avers the 
existence of 12 or more creditors, the debtor shall file with the answer 
a list of all creditors with their addresses, a brief statement of the 
nature of their claims, and the amounts thereof. If it appears that 
there are 12 or more creditors as provided in Sec. 303(b) of the Code, 
the court shall afford a reasonable opportunity for other creditors to 
join in the petition before a hearing is held thereon.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987.)
Rule 1004
_____. Involuntary Petition Against a Partnership______________________
    After filing of an involuntary petition under Sec. 303(b)(3) of the 
Code, (1) the petitioning partners or other petitioners shall promptly 
send to or serve on each general partner who is not a petitioner a copy 
of the petition; and (2) the clerk shall promptly issue a summons for 
service on each general partner who is not a petitioner. Rule 1010 
applies to the form and service of the summons.
(As amended Apr. 29, 2002, eff. Dec. 1, 2002.)
Rule 1004.1
_____. Petition for an Infant or Incompetent Person____________________
    If an infant or incompetent person has a representative, including a 
general guardian, committee, conservator, or similar fiduciary, the 
representative may file a voluntary petition on behalf of the infant or 
incompetent person. An infant or incompetent person who does not have a 
duly appointed representative may file a voluntary petition by next 
friend or guardian ad litem. The court shall appoint a guardian ad litem 
for an infant or incompetent person who is a debtor and is not otherwise 
represented or shall make any other order to protect the infant or 
incompetent debtor.
(Added Apr. 29, 2002, eff. Dec. 1, 2002.)
Rule 1005
_____. Caption of Petition_____________________________________________
    The caption of a petition commencing a case under the Code shall 
contain the name of the court, the title of the case, and the docket 
number. The title of the case shall include the following information 
about the debtor: name, employer identification number, last four digits 
of the social-security number or individual debtor's taxpayer-
identification number, any other federal taxpayer-identification number, 
and all other names used within eight years before filing the petition. 
If the petition is not filed by the debtor, it shall include all names 
used by the debtor which are known to the petitioners.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Mar. 27, 2003, eff. Dec. 
1, 2003; Apr. 23, 2008, eff. Dec. 1, 2008.)
Rule 1006
_____. Filing Fee______________________________________________________
    (a) General Requirement. Every petition shall be accompanied by the 
filing fee except as provided in subdivisions (b) and (c) of this rule. 
For the purpose of this rule, ``filing fee'' means the filing fee 
prescribed by 28 U.S.C. Sec. 1930(a)(1)-(a)(5) and any other fee 
prescribed by the Judicial Conference of the United States under 28 
U.S.C. Sec. 1930(b) that is payable to the clerk upon the commencement 
of a case under the Code.
    (b) Payment of Filing Fee in Installments.
            (1) Application to Pay Filing Fee in Installments. A 
        voluntary petition by an individual shall be accepted for filing 
        if accompanied by the debtor's signed application, prepared as 
        prescribed by the appropriate Official Form, stating that the 
        debtor is unable to pay the filing fee except in installments.
            (2) Action on Application. Prior to the meeting of 
        creditors, the court may order the filing fee paid to the clerk 
        or grant leave to pay in installments and fix the number, amount 
        and dates of payment. The number of installments shall not 
        exceed four, and the final installment shall be payable not 
        later than 120 days after filing the petition. For cause shown, 
        the court may extend the time of any installment, provided the 
        last installment is paid not later than 180 days after filing 
        the petition.
            (3) Postponement of Attorney's Fees. All installments of the 
        filing fee must be paid in full before the debtor or chapter 13 
        trustee may make further payments to an attorney or any other 
        person who renders services to the debtor in connection with the 
        case.
    (c) Waiver of Filing Fee. A voluntary chapter 7 petition filed by an 
individual shall be accepted for filing if accompanied by the debtor's 
application requesting a waiver under 28 U.S.C. Sec. 1930(f), prepared 
as prescribed by the appropriate Official Form.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 23, 1996, eff. Dec. 
1, 1996; Apr. 23, 2008, eff. Dec. 1, 2008.)
Rule 1007
_____. Lists, Schedules, Statements, and Other Documents; Time Limits__
    (a) Corporate Ownership Statement, List of Creditors and Equity 
Security Holders, and Other Lists.
            (1) Voluntary Case. In a voluntary case, the debtor shall 
        file with the petition a list containing the name and address of 
        each entity included or to be included on Schedules D, E, F, G, 
        and H as prescribed by the Official Forms. If the debtor is a 
        corporation, other than a governmental unit, the debtor shall 
        file with the petition a corporate ownership statement 
        containing the information described in Rule 7007.1. The debtor 
        shall file a supplemental statement promptly upon any change in 
        circumstances that renders the corporate ownership statement 
        inaccurate.
            (2) Involuntary Case. In an involuntary case, the debtor 
        shall file within 14 days after entry of the order for relief, a 
        list containing the name and address of each entity included or 
        to be included on Schedules D, E, F, G, and H as prescribed by 
        the Official Forms.
            (3) Equity Security Holders. In a chapter 11 reorganization 
        case, unless the court orders otherwise, the debtor shall file 
        within 14 days after entry of the order for relief a list of the 
        debtor's equity security holders of each class showing the 
        number and kind of interests registered in the name of each 
        holder, and the last known address or place of business of each 
        holder.
            (4) Chapter 15 Case. In addition to the documents required 
        under Sec. 1515 of the Code, a foreign representative filing a 
        petition for recognition under chapter 15 shall file with the 
        petition: (A) a corporate ownership statement containing the 
        information described in Rule 7007.1; and (B) unless the court 
        orders otherwise, a list containing the names and addresses of 
        all persons or bodies authorized to administer foreign 
        proceedings of the debtor, all parties to litigation pending in 
        the United States in which the debtor is a party at the time of 
        the filing of the petition, and all entities against whom 
        provisional relief is being sought under Sec. 1519 of the Code.
            (5) Extension of Time. Any extension of time for the filing 
        of the lists required by this subdivision may be granted only on 
        motion for cause shown and on notice to the United States 
        trustee and to any trustee, committee elected under Sec. 705 or 
        appointed under Sec. 1102 of the Code, or other party as the 
        court may direct.
    (b) Schedules, Statements, and Other Documents Required.
            (1) Except in a chapter 9 municipality case, the debtor, 
        unless the court orders otherwise, shall file the following 
        schedules, statements, and other documents, prepared as 
        prescribed by the appropriate Official Forms, if any:
                    (A) schedules of assets and liabilities;
                    (B) a schedule of current income and expenditures;
                    (C) a schedule of executory contracts and unexpired 
                leases;
                    (D) a statement of financial affairs;
                    (E) copies of all payment advices or other evidence 
                of payment, if any, received by the debtor from an 
                employer within 60 days before the filing of the 
                petition, with redaction of all but the last four digits 
                of the debtor's social-security number or individual 
                taxpayer-identification number; and
                    (F) a record of any interest that the debtor has in 
                an account or program of the type specified in 
                Sec. 521(c) of the Code.
            (2) An individual debtor in a chapter 7 case shall file a 
        statement of intention as required by Sec. 521(a) of the Code, 
        prepared as prescribed by the appropriate Official Form. A copy 
        of the statement of intention shall be served on the trustee and 
        the creditors named in the statement on or before the filing of 
        the statement.
            (3) Unless the United States trustee has determined that the 
        credit counseling requirement of Sec. 109(h) does not apply in 
        the district, an individual debtor must file a statement of 
        compliance with the credit counseling requirement, prepared as 
        prescribed by the appropriate Official Form which must include 
        one of the following:
                    (A) an attached certificate and debt repayment plan, 
                if any, required by Sec. 521(b);
                    (B) a statement that the debtor has received the 
                credit counseling briefing required by Sec. 109(h)(1) 
                but does not have the certificate required by 
                Sec. 521(b);
                    (C) a certification under Sec. 109(h)(3); or
                    (D) a request for a determination by the court under 
                Sec. 109(h)(4).
            (4) Unless Sec. 707(b)(2)(D) applies, an individual debtor 
        in a chapter 7 case shall file a statement of current monthly 
        income prepared as prescribed by the appropriate Official Form, 
        and, if the current monthly income exceeds the median family 
        income for the applicable state and household size, the 
        information, including calculations, required by Sec. 707(b), 
        prepared as prescribed by the appropriate Official Form.
            (5) An individual debtor in a chapter 11 case shall file a 
        statement of current monthly income, prepared as prescribed by 
        the appropriate Official Form.
            (6) A debtor in a chapter 13 case shall file a statement of 
        current monthly income, prepared as prescribed by the 
        appropriate Official Form, and, if the current monthly income 
        exceeds the median family income for the applicable state and 
        household size, a calculation of disposable income made in 
        accordance with Sec. 1325(b)(3), prepared as prescribed by the 
        appropriate Official Form.
            (7) An individual debtor in a chapter 7 or chapter 13 case 
        shall file a statement of completion of a course concerning 
        personal financial management, prepared as prescribed by the 
        appropriate Official Form. An individual debtor shall file the 
        statement in a chapter 11 case in which Sec. 1141(d)(3) applies.
            (8) If an individual debtor in a chapter 11, 12, or 13 case 
        has claimed an exemption under Sec. 522(b)(3)(A) in property of 
        the kind described in Sec. 522(p)(1) with a value in excess of 
        the amount set out in Sec. 522(q)(1), the debtor shall file a 
        statement as to whether there is any proceeding pending in which 
        the debtor may be found guilty of a felony of a kind described 
        in Sec. 522(q)(1)(A) or found liable for a debt of the kind 
        described in Sec. 522(q)(1)(B).
    (c) Time Limits. In a voluntary case, the schedules, statements, and 
other documents required by subdivision (b)(1), (4), (5), and (6) shall 
be filed with the petition or within 14 days thereafter, except as 
otherwise provided in subdivisions (d), (e), (f), and (h) of this rule. 
In an involuntary case, the list in subdivision (a)(2), and the 
schedules, statements, and other documents required by subdivision 
(b)(1) shall be filed by the debtor within 14 days of the entry of the 
order for relief. In a voluntary case, the documents required by 
paragraphs (A), (C), and (D) of subdivision (b)(3) shall be filed with 
the petition. Unless the court orders otherwise, a debtor who has filed 
a statement under subdivision (b)(3)(B), shall file the documents 
required by subdivision (b)(3)(A) within 14 days of the order for 
relief. In a chapter 7 case, the debtor shall file the statement 
required by subdivision (b)(7) within 45 days after the first date set 
for the meeting of creditors under Sec. 341 of the Code, and in a 
chapter 11 or 13 case no later than the date when the last payment was 
made by the debtor as required by the plan or the filing of a motion for 
a discharge under Sec. 1141(d)(5)(B) or Sec. 1328(b) of the Code. The 
court may, at any time and in its discretion, enlarge the time to file 
the statement required by subdivision (b)(7). The debtor shall file the 
statement required by subdivision (b)(8) no earlier than the date of the 
last payment made under the plan or the date of the filing of a motion 
for a discharge under Sec. Sec. 1141(d)(5)(B),\1\ 1228(b), or 1328(b) of 
the Code. Lists, schedules, statements, and other documents filed prior 
to the conversion of a case to another chapter shall be deemed filed in 
the converted case unless the court directs otherwise. Except as 
provided in Sec. 1116(3), any extension of time to file schedules, 
statements, and other documents required under this rule may be granted 
only on motion for cause shown and on notice to the United States 
trustee, any committee elected under Sec. 705 or appointed under 
Sec. 1102 of the Code, trustee, examiner, or other party as the court 
may direct. Notice of an extension shall be given to the United States 
trustee and to any committee, trustee, or other party as the court may 
direct.
---------------------------------------------------------------------------
    \1\ So in original. Probably should be only one section symbol.
---------------------------------------------------------------------------
    (d) List of 20 Largest Creditors in Chapter 9 Municipality Case or 
Chapter 11 Reorganization Case. In addition to the list required by 
subdivision (a) of this rule, a debtor in a chapter 9 municipality case 
or a debtor in a voluntary chapter 11 reorganization case shall file 
with the petition a list containing the name, address and claim of the 
creditors that hold the 20 largest unsecured claims, excluding insiders, 
as prescribed by the appropriate Official Form. In an involuntary 
chapter 11 reorganization case, such list shall be filed by the debtor 
within 2 days after entry of the order for relief under Sec. 303(h) of 
the Code.
    (e) List in Chapter 9 Municipality Cases. The list required by 
subdivision (a) of this rule shall be filed by the debtor in a chapter 9 
municipality case within such time as the court shall fix. If a proposed 
plan requires a revision of assessments so that the proportion of 
special assessments or special taxes to be assessed against some real 
property will be different from the proportion in effect at the date the 
petition is filed, the debtor shall also file a list showing the name 
and address of each known holder of title, legal or equitable, to real 
property adversely affected. On motion for cause shown, the court may 
modify the requirements of this subdivision and subdivision (a) of this 
rule.
    (f) Statement of Social Security Number. An individual debtor shall 
submit a verified statement that sets out the debtor's social security 
number, or states that the debtor does not have a social security 
number. In a voluntary case, the debtor shall submit the statement with 
the petition. In an involuntary case, the debtor shall submit the 
statement within 14 days after the entry of the order for relief.
    (g) Partnership and Partners. The general partners of a debtor 
partnership shall prepare and file the list required under subdivision 
(a), schedules of the assets and liabilities, schedule of current income 
and expenditures, schedule of executory contracts and unexpired leases, 
and statement of financial affairs of the partnership. The court may 
order any general partner to file a statement of personal assets and 
liabilities within such time as the court may fix.
    (h) Interests Acquired or Arising After Petition. If, as provided by 
Sec. 541(a)(5) of the Code, the debtor acquires or becomes entitled to 
acquire any interest in property, the debtor shall within 14 days after 
the information comes to the debtor's knowledge or within such further 
time the court may allow, file a supplemental schedule in the chapter 7 
liquidation case, chapter 11 reorganization case, chapter 12 family 
farmer's debt adjustment case, or chapter 13 individual debt adjustment 
case. If any of the property required to be reported under this 
subdivision is claimed by the debtor as exempt, the debtor shall claim 
the exemptions in the supplemental schedule. The duty to file a 
supplemental schedule in accordance with this subdivision continues 
notwithstanding the closing of the case, except that the schedule need 
not be filed in a chapter 11, chapter 12, or chapter 13 case with 
respect to property acquired after entry of the order confirming a 
chapter 11 plan or discharging the debtor in a chapter 12 or chapter 13 
case.
    (i) Disclosure of List of Security Holders. After notice and hearing 
and for cause shown, the court may direct an entity other than the 
debtor or trustee to disclose any list of security holders of the debtor 
in its possession or under its control, indicating the name, address and 
security held by any of them. The entity possessing this list may be 
required either to produce the list or a true copy thereof, or permit 
inspection or copying, or otherwise disclose the information contained 
on the list.
    (j) Impounding of Lists. On motion of a party in interest and for 
cause shown the court may direct the impounding of the lists filed under 
this rule, and may refuse to permit inspection by any entity. The court 
may permit inspection or use of the lists, however, by any party in 
interest on terms prescribed by the court.
    (k) Preparation of List, Schedules, or Statements on Default of 
Debtor. If a list, schedule, or statement, other than a statement of 
intention, is not prepared and filed as required by this rule, the court 
may order the trustee, a petitioning creditor, committee, or other party 
to prepare and file any of these papers within a time fixed by the 
court. The court may approve reimbursement of the cost incurred in 
complying with such an order as an administrative expense.
    (l) Transmission to United States Trustee. The clerk shall forthwith 
transmit to the United States trustee a copy of every list, schedule, 
and statement filed pursuant to subdivision (a)(1), (a)(2), (b), (d), or 
(h) of this rule.
    (m) Infants and Incompetent Persons. If the debtor knows that a 
person on the list of creditors or schedules is an infant or incompetent 
person, the debtor also shall include the name, address, and legal 
relationship of any person upon whom process would be served in an 
adversary proceeding against the infant or incompetent person in 
accordance with Rule 7004(b)(2).
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 
1, 1991; Apr. 23, 1996, eff. Dec. 1, 1996; Apr. 23, 2001, eff. Dec. 1, 
2001; Mar. 27, 2003, eff. Dec. 1, 2003; Apr. 25, 2005, eff. Dec. 1, 
2005; Apr. 23, 2008, eff. Dec. 1, 2008; Mar. 26, 2009, eff. Dec. 1, 
2009.)
Rule 1008
_____. Verification of Petitions and Accompanying Papers_______________
    All petitions, lists, schedules, statements and amendments thereto 
shall be verified or contain an unsworn declaration as provided in 28 
U.S.C. Sec. 1746.
(As amended Apr. 30, 1991, eff. Aug. 1, 1991.)
Rule 1009
_____. Amendments of Voluntary Petitions, Lists, Schedules and 
Statements______________________________________________________________
    (a) General Right To Amend. A voluntary petition, list, schedule, or 
statement may be amended by the debtor as a matter of course at any time 
before the case is closed. The debtor shall give notice of the amendment 
to the trustee and to any entity affected thereby. On motion of a party 
in interest, after notice and a hearing, the court may order any 
voluntary petition, list, schedule, or statement to be amended and the 
clerk shall give notice of the amendment to entities designated by the 
court.
    (b) Statement of Intention. The statement of intention may be 
amended by the debtor at any time before the expiration of the period 
provided in Sec. 521(a) of the Code. The debtor shall give notice of the 
amendment to the trustee and to any entity affected thereby.
    (c) Statement of Social Security Number. If a debtor becomes aware 
that the statement of social security number submitted under Rule 
1007(f) is incorrect, the debtor shall promptly submit an amended 
verified statement setting forth the correct social security number. The 
debtor shall give notice of the amendment to all of the entities 
required to be included on the list filed under Rule 1007(a)(1) or 
(a)(2).
    (d) Transmission to United States Trustee. The clerk shall promptly 
transmit to the United States trustee a copy of every amendment filed or 
submitted under subdivision (a), (b), or (c) of this rule.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 
1, 1991; Apr. 12, 2006, eff. Dec. 1, 2006; Apr. 23, 2008, eff. Dec. 1, 
2008.)
Rule 1010
_____. Service of Involuntary Petition and Summons; Petition For 
Recognition of a Foreign Nonmain Proceeding_____________________________
    (a) Service of Involuntary Petition and Summons; Service of Petition 
for Recognition of Foreign Nonmain Proceeding. On the filing of an 
involuntary petition or a petition for recognition of a foreign nonmain 
proceeding, the clerk shall forthwith issue a summons for service. When 
an involuntary petition is filed, service shall be made on the debtor. 
When a petition for recognition of a foreign nonmain proceeding is 
filed, service shall be made on the debtor, any entity against whom 
provisional relief is sought under Sec. 1519 of the Code, and on any 
other party as the court may direct. The summons shall be served with a 
copy of the petition in the manner provided for service of a summons and 
complaint by Rule 7004(a) or (b). If service cannot be so made, the 
court may order that the summons and petition be served by mailing 
copies to the party's last known address, and by at least one 
publication in a manner and form directed by the court. The summons and 
petition may be served on the party anywhere. Rule 7004(e) and Rule 4(l) 
F.R.Civ.P. apply when service is made or attempted under this rule.
    (b) Corporate Ownership Statement. Each petitioner that is a 
corporation shall file with the involuntary petition a corporate 
ownership statement containing the information described in Rule 7007.1.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 
1, 1991; Apr. 22, 1993, eff. Aug. 1, 1993; Apr. 11, 1997, eff. Dec. 1, 
1997; Apr. 23, 2008, eff. Dec. 1, 2008.)
Rule 1011
_____. Responsive Pleading or Motion in Involuntary and Cross-Border 
Cases___________________________________________________________________
    (a) Who May Contest Petition. The debtor named in an involuntary 
petition, or a party in interest to a petition for recognition of a 
foreign proceeding, may contest the petition. In the case of a petition 
against a partnership under Rule 1004, a nonpetitioning general partner, 
or a person who is alleged to be a general partner but denies the 
allegation, may contest the petition.
    (b) Defenses and Objections; When Presented. Defenses and objections 
to the petition shall be presented in the manner prescribed by Rule 12 
F.R.Civ.P. and shall be filed and served within 21 days after service of 
the summons, except that if service is made by publication on a party or 
partner not residing or found within the state in which the court sits, 
the court shall prescribe the time for filing and serving the response.
    (c) Effect of Motion. Service of a motion under Rule 12(b) 
F.R.Civ.P. shall extend the time for filing and serving a responsive 
pleading as permitted by Rule 12(a) F.R.Civ.P.
    (d) Claims Against Petitioners. A claim against a petitioning 
creditor may not be asserted in the answer except for the purpose of 
defeating the petition.
    (e) Other Pleadings. No other pleadings shall be permitted, except 
that the court may order a reply to an answer and prescribe the time for 
filing and service.
    (f) Corporate Ownership Statement. If the entity responding to the 
involuntary petition or the petition for recognition of a foreign 
proceeding is a corporation, the entity shall file with its first 
appearance, pleading, motion, response, or other request addressed to 
the court a corporate ownership statement containing the information 
described in Rule 7007.1.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 26, 2004, eff. Dec. 
1, 2004; Apr. 23, 2008, eff. Dec. 1, 2008; Mar. 26, 2009, eff. Dec. 1, 
2009.)
[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____
    (a) Contested Petition. The court shall determine the issues of a 
contested petition at the earliest practicable time and forthwith enter 
an order for relief, dismiss the petition, or enter any other 
appropriate order.
    (b) Default. If no pleading or other defense to a petition is filed 
within the time provided by Rule 1011, the court, on the next day, or as 
soon thereafter as practicable, shall enter an order for the relief 
requested in the petition.
    [(c) Order for Relief] (Abrogated Apr. 22, 1993, eff. Aug. 1, 1993)
(As amended Apr. 30, 1991, eff. Aug. 1, 1991; Apr. 22, 1993, eff. Aug. 
1, 1993.)
Rule 1014
_____. Dismissal and Change of Venue___________________________________
    (a) Dismissal and Transfer of Cases.
            (1) Cases Filed in Proper District. If a petition is filed 
        in the proper district, the court, on the timely motion of a 
        party in interest or on its own motion, and after hearing on 
        notice to the petitioners, the United States trustee, and other 
        entities as directed by the court, may transfer the case to any 
        other district if the court determines that the transfer is in 
        the interest of justice or for the convenience of the parties.
            (2) Cases Filed in Improper District. If a petition is filed 
        in an improper district, the court, on the timely motion of a 
        party in interest or on its own motion, and after hearing on 
        notice to the petitioners, the United States trustee, and other 
        entities as directed by the court, may dismiss the case or 
        transfer it to any other district if the court determines that 
        transfer is in the interest of justice or for the convenience of 
        the parties.
    (b) Procedure When Petitions Involving the Same Debtor or Related 
Debtors Are Filed in Different Courts. If petitions commencing cases 
under the Code are filed in different districts by or against (1) the 
same debtor, or (2) a partnership and one or more of its general 
partners, or (3) two or more general partners, or (4) a debtor and an 
affiliate, on motion filed in the district in which the petition filed 
first is pending and after hearing on notice to the petitioners, the 
United States trustee, and other entities as directed by the court, the 
court may determine, in the interest of justice or for the convenience 
of the parties, the district or districts in which the case or cases 
should proceed. Except as otherwise ordered by the court in the district 
in which the petition filed first is pending, the proceedings on the 
other petitions shall be stayed by the courts in which they have been 
filed until the determination is made.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 
1, 1991; Apr. 30, 2007, eff. Dec. 1, 2007.)
Rule 1015
_____. Consolidation or Joint Administration of Cases Pending in Same 
Court___________________________________________________________________
    (a) Cases Involving Same Debtor. If two or more petitions are 
pending in the same court by or against the same debtor, the court may 
order consolidation of the cases.
    (b) Cases Involving Two or More Related Debtors. If a joint petition 
or two or more petitions are pending in the same court by or against (1) 
a husband and wife, or (2) a partnership and one or more of its general 
partners, or (3) two or more general partners, or (4) a debtor and an 
affiliate, the court may order a joint administration of the estates. 
Prior to entering an order the court shall give consideration to 
protecting creditors of different estates against potential conflicts of 
interest. An order directing joint administration of individual cases of 
a husband and wife shall, if one spouse has elected the exemptions under 
Sec. 522(b)(2) of the Code and the other has elected the exemptions 
under Sec. 522(b)(3), fix a reasonable time within which either may 
amend the election so that both shall have elected the same exemptions. 
The order shall notify the debtors that unless they elect the same 
exemptions within the time fixed by the court, they will be deemed to 
have elected the exemptions provided by Sec. 522(b)(2).
    (c) Expediting and Protective Orders. When an order for 
consolidation or joint administration of a joint case or two or more 
cases is entered pursuant to this rule, while protecting the rights of 
the parties under the Code, the court may enter orders as may tend to 
avoid unnecessary costs and delay.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 23, 2008, eff. Dec. 
1, 2008.)
Rule 1016
_____. Death or Incompetency of Debtor_________________________________
    Death or incompetency of the debtor shall not abate a liquidation 
case under chapter 7 of the Code. In such event the estate shall be 
administered and the case concluded in the same manner, so far as 
possible, as though the death or incompetency had not occurred. If a 
reorganization, family farmer's debt adjustment, or individual's debt 
adjustment case is pending under chapter 11, chapter 12, or chapter 13, 
the case may be dismissed; or if further administration is possible and 
in the best interest of the parties, the case may proceed and be 
concluded in the same manner, so far as possible, as though the death or 
incompetency had not occurred.
(As amended Apr. 30, 1991, eff. Aug. 1, 1991.)
Rule 1017
_____. Dismissal or Conversion of Case; Suspension_____________________
    (a) Voluntary Dismissal; Dismissal for Want of Prosecution or Other 
Cause. Except as provided in Sec. Sec. 707(a)(3), 707(b), 1208(b), and 
1307(b) of the Code, and in Rule 1017(b), (c), and (e), a case shall not 
be dismissed on motion of the petitioner, for want of prosecution or 
other cause, or by consent of the parties, before a hearing on notice as 
provided in Rule 2002. For the purpose of the notice, the debtor shall 
file a list of creditors with their addresses within the time fixed by 
the court unless the list was previously filed. If the debtor fails to 
file the list, the court may order the debtor or another entity to 
prepare and file it.
    (b) Dismissal for Failure To Pay Filing Fee.
            (1) If any installment of the filing fee has not been paid, 
        the court may, after a hearing on notice to the debtor and the 
        trustee, dismiss the case.
            (2) If the case is dismissed or closed without full payment 
        of the filing fee, the installments collected shall be 
        distributed in the same manner and proportions as if the filing 
        fee had been paid in full.
    (c) Dismissal of Voluntary Chapter 7 or Chapter 13 Case for Failure 
To Timely File List of Creditors, Schedules, and Statement of Financial 
Affairs. The court may dismiss a voluntary chapter 7 or chapter 13 case 
under Sec. 707(a)(3) or Sec. 1307(c)(9) after a hearing on notice served 
by the United States trustee on the debtor, the trustee, and any other 
entities as the court directs.
    (d) Suspension. The court shall not dismiss a case or suspend 
proceedings under Sec. 305 before a hearing on notice as provided in 
Rule 2002(a).
    (e) Dismissal of an Individual Debtor's Chapter 7 Case, or 
Conversion to a Case Under Chapter 11 or 13, for Abuse. The court may 
dismiss or, with the debtor's consent, convert an individual debtor's 
case for abuse under Sec. 707(b) only on motion and after a hearing on 
notice to the debtor, the trustee, the United States trustee, and any 
other entity as the court directs.
            (1) Except as otherwise provided in Sec. 704(b)(2), a motion 
        to dismiss a case for abuse under Sec. 707(b) or (c) may be 
        filed only within 60 days after the first date set for the 
        meeting of creditors under Sec. 341(a), unless, on request filed 
        before the time has expired, the court for cause extends the 
        time for filing the motion to dismiss. The party filing the 
        motion shall set forth in the motion all matters to be 
        considered at the hearing. In addition, a motion to dismiss 
        under Sec. 707(b)(1) and (3) shall state with particularity the 
        circumstances alleged to constitute abuse.
            (2) If the hearing is set on the court's own motion, notice 
        of the hearing shall be served on the debtor no later than 60 
        days after the first date set for the meeting of creditors under 
        Sec. 341(a). The notice shall set forth all matters to be 
        considered by the court at the hearing.
    (f) Procedure for Dismissal, Conversion, or Suspension.
            (1) Rule 9014 governs a proceeding to dismiss or suspend a 
        case, or to convert a case to another chapter, except under 
        Sec. Sec. 706(a), 1112(a), 1208(a) or (b), or 1307(a) or (b).
            (2) Conversion or dismissal under Sec. Sec. 706(a), 1112(a), 
        1208(b), or 1307(b) shall be on motion filed and served as 
        required by Rule 9013.
            (3) A chapter 12 or chapter 13 case shall be converted 
        without court order when the debtor files a notice of conversion 
        under Sec. Sec. 1208(a) or 1307(a). The filing date of the 
        notice becomes the date of the conversion order for the purposes 
        of applying Sec. 348(c) and Rule 1019. The clerk shall promptly 
        transmit a copy of the notice to the United States trustee.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 
1, 1991; Apr. 22, 1993, eff. Aug. 1, 1993; Apr. 26, 1999, eff. Dec. 1, 
1999; Apr. 17, 2000, eff. Dec. 1, 2000; Apr. 23, 2008, eff. Dec. 1, 
2008.)
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____________________
    The following rules in Part VII apply to all proceedings relating to 
a contested involuntary petition, to proceedings relating to a contested 
petition commencing a case ancillary to a foreign proceeding, and to all 
proceedings to vacate an order for relief: Rules 7005, 7008-7010, 7015, 
7016, 7024-7026, 7028-7037, 7052, 7054, 7056, and 7062, except as 
otherwise provided in Part I of these rules and unless the court 
otherwise directs. The court may direct that other rules in Part VII 
shall also apply. For the purposes of this rule a reference in the Part 
VII rules to adversary proceedings shall be read as a reference to 
proceedings relating to a contested involuntary petition, or contested 
ancillary petition, or proceedings to vacate an order for relief. 
Reference in the Federal Rules of Civil Procedure to the complaint shall 
be read as a reference to the petition.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987.)
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_________________________
    When a chapter 11, chapter 12, or chapter 13 case has been converted 
or reconverted to a chapter 7 case:
            (1) Filing of Lists, Inventories, Schedules, Statements.
                    (A) Lists, inventories, schedules, and statements of 
                financial affairs theretofore filed shall be deemed to 
                be filed in the chapter 7 case, unless the court directs 
                otherwise. If they have not been previously filed, the 
                debtor shall comply with Rule 1007 as if an order for 
                relief had been entered on an involuntary petition on 
                the date of the entry of the order directing that the 
                case continue under chapter 7.
                    (B) If a statement of intention is required, it 
                shall be filed within 30 days after entry of the order 
                of conversion or before the first date set for the 
                meeting of creditors, whichever is earlier. The court 
                may grant an extension of time for cause only on written 
                motion filed, or oral request made during a hearing, 
                before the time has expired. Notice of an extension 
                shall be given to the United States trustee and to any 
                committee, trustee, or other party as the court may 
                direct.
            (2) New Filing Periods. A new time period for filing a 
        motion under Sec. 707(b) or (c), a claim, a complaint objecting 
        to discharge, or a complaint to obtain a determination of 
        dischargeability of any debt shall commence under Rules 1017, 
        3002, 4004, or 4007, but a new time period shall not commence if 
        a chapter 7 case had been converted to a chapter 11, 12, or 13 
        case and thereafter reconverted to a chapter 7 case and the time 
        for filing a motion under Sec. 707(b) or (c), a claim, a 
        complaint objecting to discharge, or a complaint to obtain a 
        determination of the dischargeability of any debt, or any 
        extension thereof, expired in the original chapter 7 case.
            (3) Claims Filed Before Conversion. All claims actually 
        filed by a creditor before conversion of the case are deemed 
        filed in the chapter 7 case.
            (4) Turnover of Records and Property. After qualification 
        of, or assumption of duties by the chapter 7 trustee, any debtor 
        in possession or trustee previously acting in the chapter 11, 
        12, or 13 case shall, forthwith, unless otherwise ordered, turn 
        over to the chapter 7 trustee all records and property of the 
        estate in the possession or control of the debtor in possession 
        or trustee.
            (5) Filing Final Report and Schedule of Postpetition Debts.
                    (A) Conversion of Chapter 11 or Chapter 12 Case. 
                Unless the court directs otherwise, if a chapter 11 or 
                chapter 12 case is converted to chapter 7, the debtor in 
                possession or, if the debtor is not a debtor in 
                possession, the trustee serving at the time of 
                conversion, shall:
                            (i) not later than 14 days after conversion 
                        of the case, file a schedule of unpaid debts 
                        incurred after the filing of the petition and 
                        before conversion of the case, including the 
                        name and address of each holder of a claim; and
                            (ii) not later than 30 days after conversion 
                        of the case, file and transmit to the United 
                        States trustee a final report and account;
                    (B) Conversion of Chapter 13 Case. Unless the court 
                directs otherwise, if a chapter 13 case is converted to 
                chapter 7,
                            (i) the debtor, not later than 14 days after 
                        conversion of the case, shall file a schedule of 
                        unpaid debts incurred after the filing of the 
                        petition and before conversion of the case, 
                        including the name and address of each holder of 
                        a claim; and
                            (ii) the trustee, not later than 30 days 
                        after conversion of the case, shall file and 
                        transmit to the United States trustee a final 
                        report and account;
                    (C) Conversion After Confirmation of a Plan. Unless 
                the court orders otherwise, if a chapter 11, chapter 12, 
                or chapter 13 case is converted to chapter 7 after 
                confirmation of a plan, the debtor shall file:
                            (i) a schedule of property not listed in the 
                        final report and account acquired after the 
                        filing of the petition but before conversion, 
                        except if the case is converted from chapter 13 
                        to chapter 7 and Sec. 348(f)(2) does not apply;
                            (ii) a schedule of unpaid debts not listed 
                        in the final report and account incurred after 
                        confirmation but before the conversion; and
                            (iii) a schedule of executory contracts and 
                        unexpired leases entered into or assumed after 
                        the filing of the petition but before 
                        conversion.
                    (D) Transmission to United States Trustee. The clerk 
                shall forthwith transmit to the United States trustee a 
                copy of every schedule filed pursuant to Rule 1019(5).
            (6) Postpetition Claims; Preconversion Administrative 
        Expenses; Notice. A request for payment of an administrative 
        expense incurred before conversion of the case is timely filed 
        under Sec. 503(a) of the Code if it is filed before conversion 
        or a time fixed by the court. If the request is filed by a 
        governmental unit, it is timely if it is filed before conversion 
        or within the later of a time fixed by the court or 180 days 
        after the date of the conversion. A claim of a kind specified in 
        Sec. 348(d) may be filed in accordance with Rules 3001(a)-(d) 
        and 3002. Upon the filing of the schedule of unpaid debts 
        incurred after commencement of the case and before conversion, 
        the clerk, or some other person as the court may direct, shall 
        give notice to those entities listed on the schedule of the time 
        for filing a request for payment of an administrative expense 
        and, unless a notice of insufficient assets to pay a dividend is 
        mailed in accordance with Rule 2002(e), the time for filing a 
        claim of a kind specified in Sec. 348(d).
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 
1, 1991; Apr. 23, 1996, eff. Dec. 1, 1996; Apr. 11, 1997, eff. Dec. 1, 
1997; Apr. 26, 1999, eff. Dec. 1, 1999; Apr. 23, 2008, eff. Dec. 1, 
2008; Mar. 26, 2009, eff. Dec. 1, 2009.)
Rule 1020
_____. Small Business Chapter 11 Reorganization Case___________________
    (a) Small Business Debtor Designation. In a voluntary chapter 11 
case, the debtor shall state in the petition whether the debtor is a 
small business debtor. In an involuntary chapter 11 case, the debtor 
shall file within 14 days after entry of the order for relief a 
statement as to whether the debtor is a small business debtor. Except as 
provided in subdivision (c), the status of the case as a small business 
case shall be in accordance with the debtor's statement under this 
subdivision, unless and until the court enters an order finding that the 
debtor's statement is incorrect.
    (b) Objecting to Designation. Except as provided in subdivision (c), 
the United States trustee or a party in interest may file an objection 
to the debtor's statement under subdivision (a) no later than 30 days 
after the conclusion of the meeting of creditors held under Sec. 341(a) 
of the Code, or within 30 days after any amendment to the statement, 
whichever is later.
    (c) Appointment of Committee of Unsecured Creditors. If a committee 
of unsecured creditors has been appointed under Sec. 1102(a)(1), the 
case shall proceed as a small business case only if, and from the time 
when, the court enters an order determining that the committee has not 
been sufficiently active and representative to provide effective 
oversight of the debtor and that the debtor satisfies all the other 
requirements for being a small business. A request for a determination 
under this subdivision may be filed by the United States trustee or a 
party in interest only within a reasonable time after the failure of the 
committee to be sufficiently active and representative. The debtor may 
file a request for a determination at any time as to whether the 
committee has been sufficiently active and representative.
    (d) Procedure for Objection or Determination. Any objection or 
request for a determination under this rule shall be governed by Rule 
9014 and served on: the debtor; the debtor's attorney; the United States 
trustee; the trustee; any committee appointed under Sec. 1102 or its 
authorized agent, or, if no committee of unsecured creditors has been 
appointed under Sec. 1102, the creditors included on the list filed 
under Rule 1007(d); and any other entity as the court directs.
(Added Apr. 11, 1997, eff. Dec. 1, 1997; amended Apr. 23, 2008, eff. 
Dec. 1, 2008; Mar. 26, 2009, eff. Dec. 1, 2009.)
Rule 1021
_____. Health Care Business Case_______________________________________
    (a) Health Care Business Designation. Unless the court orders 
otherwise, if a petition in a case under chapter 7, chapter 9, or 
chapter 11 states that the debtor is a health care business, the case 
shall proceed as a case in which the debtor is a health care business.
    (b) Motion. The United States trustee or a party in interest may 
file a motion to determine whether the debtor is a health care business. 
The motion shall be transmitted to the United States trustee and served 
on: the debtor; the trustee; any committee elected under Sec. 705 or 
appointed under Sec. 1102 of the Code or its authorized agent, or, if 
the case is a chapter 9 municipality case or a chapter 11 reorganization 
case and no committee of unsecured creditors has been appointed under 
Sec. 1102, the creditors included on the list filed under Rule 1007(d); 
and any other entity as the court directs. The motion shall be governed 
by Rule 9014.
(Added Apr. 23, 2008, eff. Dec. 1, 2008.)

 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______________________________________________
    (a) Appointment. At any time following the commencement of an 
involuntary liquidation case and before an order for relief, the court 
on written motion of a party in interest may order the appointment of an 
interim trustee under Sec. 303(g) of the Code. The motion shall set 
forth the necessity for the appointment and may be granted only after 
hearing on notice to the debtor, the petitioning creditors, the United 
States trustee, and other parties in interest as the court may 
designate.
    (b) Bond of Movant. An interim trustee may not be appointed under 
this rule unless the movant furnishes a bond in an amount approved by 
the court, conditioned to indemnify the debtor for costs, attorney's 
fee, expenses, and damages allowable under Sec. 303(i) of the Code.
    (c) Order of Appointment. The order directing the appointment of an 
interim trustee shall state the reason the appointment is necessary and 
shall specify the trustee's duties.
    (d) Turnover and Report. Following qualification of the trustee 
selected under Sec. 702 of the Code, the interim trustee, unless 
otherwise ordered, shall (1) forthwith deliver to the trustee all the 
records and property of the estate in possession or subject to control 
of the interim trustee and, (2) within 30 days thereafter file a final 
report and account.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 
1, 1991.)
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__________________________________________________________
    (a) Twenty-One-Day Notices to Parties in Interest. Except as 
provided in subdivisions (h), (i), (l), (p), and (q) of this rule, the 
clerk, or some other person as the court may direct, shall give the 
debtor, the trustee, all creditors and indenture trustees at least 21 
days' notice by mail of:
            (1) the meeting of creditors under Sec. 341 or Sec. 1104(b) 
        of the Code, which notice, unless the court orders otherwise, 
        shall include the debtor's employer identification number, 
        social security number, and any other federal taxpayer 
        identification number;
            (2) a proposed use, sale, or lease of property of the estate 
        other than in the ordinary course of business, unless the court 
        for cause shown shortens the time or directs another method of 
        giving notice;
            (3) the hearing on approval of a compromise or settlement of 
        a controversy other than approval of an agreement pursuant to 
        Rule 4001(d), unless the court for cause shown directs that 
        notice not be sent;
            (4) in a chapter 7 liquidation, a chapter 11 reorganization 
        case, or a chapter 12 family farmer debt adjustment case, the 
        hearing on the dismissal of the case or the conversion of the 
        case to another chapter, unless the hearing is under 
        Sec. 707(a)(3) or Sec. 707(b) or is on dismissal of the case for 
        failure to pay the filing fee;
            (5) the time fixed to accept or reject a proposed 
        modification of a plan;
            (6) a hearing on any entity's request for compensation or 
        reimbursement of expenses if the request exceeds $1,000;
            (7) the time fixed for filing proofs of claims pursuant to 
        Rule 3003(c); and
            (8) the time fixed for filing objections and the hearing to 
        consider confirmation of a chapter 12 plan.
    (b) Twenty-Eight-Day Notices to Parties in Interest. Except as 
provided in subdivision (l) of this rule, the clerk, or some other 
person as the court may direct, shall give the debtor, the trustee, all 
creditors and indenture trustees not less than 28 days' notice by mail 
of the time fixed (1) for filing objections and the hearing to consider 
approval of a disclosure statement or, under Sec. 1125(f), to make a 
final determination whether the plan provides adequate information so 
that a separate disclosure statement is not necessary; and (2) for 
filing objections and the hearing to consider confirmation of a chapter 
9, chapter 11, or chapter 13 plan.
    (c) Content of Notice.
            (1) Proposed Use, Sale, or Lease of Property. Subject to 
        Rule 6004, the notice of a proposed use, sale, or lease of 
        property required by subdivision (a)(2) of this rule shall 
        include the time and place of any public sale, the terms and 
        conditions of any private sale and the time fixed for filing 
        objections. The notice of a proposed use, sale, or lease of 
        property, including real estate, is sufficient if it generally 
        describes the property. The notice of a proposed sale or lease 
        of personally identifiable information under Sec. 363(b)(1) of 
        the Code shall state whether the sale is consistent with any 
        policy prohibiting the transfer of the information.
            (2) Notice of Hearing on Compensation. The notice of a 
        hearing on an application for compensation or reimbursement of 
        expenses required by subdivision (a)(6) of this rule shall 
        identify the applicant and the amounts requested.
            (3) Notice of Hearing on Confirmation When Plan Provides for 
        an Injunction. If a plan provides for an injunction against 
        conduct not otherwise enjoined under the Code, the notice 
        required under Rule 2002(b)(2) shall:
                    (A) include in conspicuous language (bold, italic, 
                or underlined text) a statement that the plan proposes 
                an injunction;
                    (B) describe briefly the nature of the injunction; 
                and
                    (C) identify the entities that would be subject to 
                the injunction.
    (d) Notice to Equity Security Holders. In a chapter 11 
reorganization case, unless otherwise ordered by the court, the clerk, 
or some other person as the court may direct, shall in the manner and 
form directed by the court give notice to all equity security holders of 
(1) the order for relief; (2) any meeting of equity security holders 
held pursuant to Sec. 341 of the Code; (3) the hearing on the proposed 
sale of all or substantially all of the debtor's assets; (4) the hearing 
on the dismissal or conversion of a case to another chapter; (5) the 
time fixed for filing objections to and the hearing to consider approval 
of a disclosure statement; (6) the time fixed for filing objections to 
and the hearing to consider confirmation of a plan; and (7) the time 
fixed to accept or reject a proposed modification of a plan.
    (e) Notice of No Dividend. In a chapter 7 liquidation case, if it 
appears from the schedules that there are no assets from which a 
dividend can be paid, the notice of the meeting of creditors may include 
a statement to that effect; that it is unnecessary to file claims; and 
that if sufficient assets become available for the payment of a 
dividend, further notice will be given for the filing of claims.
    (f) Other Notices. Except as provided in subdivision (l) of this 
rule, the clerk, or some other person as the court may direct, shall 
give the debtor, all creditors, and indenture trustees notice by mail 
of:
            (1) the order for relief;
            (2) the dismissal or the conversion of the case to another 
        chapter, or the suspension of proceedings under Sec. 305;
            (3) the time allowed for filing claims pursuant to Rule 
        3002;
            (4) the time fixed for filing a complaint objecting to the 
        debtor's discharge pursuant to Sec. 727 of the Code as provided 
        in Rule 4004;
            (5) the time fixed for filing a complaint to determine the 
        dischargeability of a debt pursuant to Sec. 523 of the Code as 
        provided in Rule 4007;
            (6) the waiver, denial, or revocation of a discharge as 
        provided in Rule 4006;
            (7) entry of an order confirming a chapter 9, 11, or 12 
        plan;
            (8) a summary of the trustee's final report in a chapter 7 
        case if the net proceeds realized exceed $1,500;
            (9) a notice under Rule 5008 regarding the presumption of 
        abuse;
            (10) a statement under Sec. 704(b)(1) as to whether the 
        debtor's case would be presumed to be an abuse under 
        Sec. 707(b); and
            (11) the time to request a delay in the entry of the 
        discharge under Sec. Sec. 1141(d)(5)(C), 1228(f), and 1328(h). 
        Notice of the time fixed for accepting or rejecting a plan 
        pursuant to Rule 3017(c) shall be given in accordance with Rule 
        3017(d).
    (g) Addressing Notices.
            (1) Notices required to be mailed under Rule 2002 to a 
        creditor, indenture trustee, or equity security holder shall be 
        addressed as such entity or an authorized agent has directed in 
        its last request filed in the particular case. For the purposes 
        of this subdivision--
                    (A) a proof of claim filed by a creditor or 
                indenture trustee that designates a mailing address 
                constitutes a filed request to mail notices to that 
                address, unless a notice of no dividend has been given 
                under Rule 2002(e) and a later notice of possible 
                dividend under Rule 3002(c)(5) has not been given; and
                    (B) a proof of interest filed by an equity security 
                holder that designates a mailing address constitutes a 
                filed request to mail notices to that address.
            (2) Except as provided in Sec. 342(f) of the Code, if a 
        creditor or indenture trustee has not filed a request 
        designating a mailing address under Rule 2002(g)(1) or Rule 
        5003(e), the notices shall be mailed to the address shown on the 
        list of creditors or schedule of liabilities, whichever is filed 
        later. If an equity security holder has not filed a request 
        designating a mailing address under Rule 2002(g)(1) or Rule 
        5003(e), the notices shall be mailed to the address shown on the 
        list of equity security holders.
            (3) If a list or schedule filed under Rule 1007 includes the 
        name and address of a legal representative of an infant or 
        incompetent person, and a person other than that representative 
        files a request or proof of claim designating a name and mailing 
        address that differs from the name and address of the 
        representative included in the list or schedule, unless the 
        court orders otherwise, notices under Rule 2002 shall be mailed 
        to the representative included in the list or schedules and to 
        the name and address designated in the request or proof of 
        claim.
            (4) Notwithstanding Rule 2002(g)(1)-(3), an entity and a 
        notice provider may agree that when the notice provider is 
        directed by the court to give a notice, the notice provider 
        shall give the notice to the entity in the manner agreed to and 
        at the address or addresses the entity supplies to the notice 
        provider. That address is conclusively presumed to be a proper 
        address for the notice. The notice provider's failure to use the 
        supplied address does not invalidate any notice that is 
        otherwise effective under applicable law.
            (5) A creditor may treat a notice as not having been brought 
        to the creditor's attention under Sec. 342(g)(1) only if, prior 
        to issuance of the notice, the creditor has filed a statement 
        that designates the name and address of the person or 
        organizational subdivision of the creditor responsible for 
        receiving notices under the Code, and that describes the 
        procedures established by the creditor to cause such notices to 
        be delivered to the designated person or subdivision.
    (h) Notices to Creditors Whose Claims are Filed. In a chapter 7 
case, after 90 days following the first date set for the meeting of 
creditors under Sec. 341 of the Code, the court may direct that all 
notices required by subdivision (a) of this rule be mailed only to the 
debtor, the trustee, all indenture trustees, creditors that hold claims 
for which proofs of claim have been filed, and creditors, if any, that 
are still permitted to file claims by reason of an extension granted 
pursuant to Rule 3002(c)(1) or (c)(2). In a case where notice of 
insufficient assets to pay a dividend has been given to creditors 
pursuant to subdivision (e) of this rule, after 90 days following the 
mailing of a notice of the time for filing claims pursuant to Rule 
3002(c)(5), the court may direct that notices be mailed only to the 
entities specified in the preceding sentence.
    (i) Notices to Committees. Copies of all notices required to be 
mailed pursuant to this rule shall be mailed to the committees elected 
under Sec. 705 or appointed under Sec. 1102 of the Code or to their 
authorized agents. Notwithstanding the foregoing subdivisions, the court 
may order that notices required by subdivision (a)(2), (3) and (6) of 
this rule be transmitted to the United States trustee and be mailed only 
to the committees elected under Sec. 705 or appointed under Sec. 1102 of 
the Code or to their authorized agents and to the creditors and equity 
security holders who serve on the trustee or debtor in possession and 
file a request that all notices be mailed to them. A committee appointed 
under Sec. 1114 shall receive copies of all notices required by 
subdivisions (a)(1), (a)(5), (b), (f)(2), and (f)(7), and such other 
notices as the court may direct.
    (j) Notices to the United States. Copies of notices required to be 
mailed to all creditors under this rule shall be mailed (1) in a chapter 
11 reorganization case, to the Securities and Exchange Commission at any 
place the Commission designates, if the Commission has filed either a 
notice of appearance in the case or a written request to receive 
notices; (2) in a commodity broker case, to the Commodity Futures 
Trading Commission at Washington, D.C.; (3) in a chapter 11 case, to the 
Internal Revenue Service at its address set out in the register 
maintained under Rule 5003(e) for the district in which the case is 
pending; (4) if the papers in the case disclose a debt to the United 
States other than for taxes, to the United States attorney for the 
district in which the case is pending and to the department, agency, or 
instrumentality of the United States through which the debtor became 
indebted; or (5) if the filed papers disclose a stock interest of the 
United States, to the Secretary of the Treasury at Washington, D.C.
    (k) Notices to United States Trustee. Unless the case is a chapter 9 
municipality case or unless the United States trustee requests 
otherwise, the clerk, or some other person as the court may direct, 
shall transmit to the United States trustee notice of the matters 
described in subdivisions (a)(2), (a)(3), (a)(4), (a)(8), (b), (f)(1), 
(f)(2), (f)(4), (f)(6), (f)(7), (f)(8), and (q) of this rule and notice 
of hearings on all applications for compensation or reimbursement of 
expenses. Notices to the United States trustee shall be transmitted 
within the time prescribed in subdivision (a) or (b) of this rule. The 
United States trustee shall also receive notice of any other matter if 
such notice is requested by the United States trustee or ordered by the 
court. Nothing in these rules requires the clerk or any other person to 
transmit to the United States trustee any notice, schedule, report, 
application or other document in a case under the Securities Investor 
Protection Act, 15 U.S.C. Sec. 78aaa et. seq.
    (l) Notice by Publication. The court may order notice by publication 
if it finds that notice by mail is impracticable or that it is desirable 
to supplement the notice.
    (m) Orders Designating Matter of Notices. The court may from time to 
time enter orders designating the matters in respect to which, the 
entity to whom, and the form and manner in which notices shall be sent 
except as otherwise provided by these rules.
    (n) Caption. The caption of every notice given under this rule shall 
comply with Rule 1005. The caption of every notice required to be given 
by the debtor to a creditor shall include the information required to be 
in the notice by Sec. 342(c) of the Code.
    (o) Notice of Order for Relief in Consumer Case. In a voluntary case 
commenced by an individual debtor whose debts are primarily consumer 
debts, the clerk or some other person as the court may direct shall give 
the trustee and all creditors notice by mail of the order for relief 
within 21 days from the date thereof.
    (p) Notice to a Creditor With a Foreign Address.
            (1) If, at the request of the United States trustee or a 
        party in interest, or on its own initiative, the court finds 
        that a notice mailed within the time prescribed by these rules 
        would not be sufficient to give a creditor with a foreign 
        address to which notices under these rules are mailed reasonable 
        notice under the circumstances, the court may order that the 
        notice be supplemented with notice by other means or that the 
        time prescribed for the notice by mail be enlarged.
            (2) Unless the court for cause orders otherwise, a creditor 
        with a foreign address to which notices under this rule are 
        mailed shall be given at least 30 days' notice of the time fixed 
        for filing a proof of claim under Rule 3002(c) or Rule 3003(c).
            (3) Unless the court for cause orders otherwise, the mailing 
        address of a creditor with a foreign address shall be determined 
        under Rule 2002(g).
    (q) Notice of Petition for Recognition of Foreign Proceeding and of 
Court's Intention to Communicate With Foreign Courts and Foreign 
Representatives.
            (1) Notice of Petition for Recognition. The clerk, or some 
        other person as the court may direct, shall forthwith give the 
        debtor, all persons or bodies authorized to administer foreign 
        proceedings of the debtor, all entities against whom provisional 
        relief is being sought under Sec. 1519 of the Code, all parties 
        to litigation pending in the United States in which the debtor 
        is a party at the time of the filing of the petition, and such 
        other entities as the court may direct, at least 21 days' notice 
        by mail of the hearing on the petition for recognition of a 
        foreign proceeding. The notice shall state whether the petition 
        seeks recognition as a foreign main proceeding or foreign 
        nonmain proceeding.
            (2) Notice of Court's Intention to Communicate with Foreign 
        Courts and Foreign Representatives. The clerk, or some other 
        person as the court may direct, shall give the debtor, all 
        persons or bodies authorized to administer foreign proceedings 
        of the debtor, all entities against whom provisional relief is 
        being sought under Sec. 1519 of the Code, all parties to 
        litigation pending in the United States in which the debtor is a 
        party at the time of the filing of the petition, and such other 
        entities as the court may direct, notice by mail of the court's 
        intention to communicate with a foreign court or foreign 
        representative.
(As amended Pub. L. 98-91, Sec. 2(a), Aug. 30, 1983, 97 Stat. 607; Pub. 
L. 98-353, title III, Sec. 321, July 10, 1984, 98 Stat. 357; Mar. 30, 
1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 1, 1991; Apr. 22, 
1993, eff. Aug. 1, 1993; 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; Mar. 27, 
2003, eff. Dec. 1, 2003; Apr. 26, 2004, eff. Dec. 1, 2004; Apr. 25, 
2005, eff. Dec. 1, 2005; Apr. 23, 2008, eff. Dec. 1, 2008; Mar. 26, 
2009, eff. Dec. 1, 2009.)
Rule 2003
_____. Meeting of Creditors or Equity Security Holders_________________
    (a) Date and Place. Except as otherwise provided in Sec. 341(e) of 
the Code, in a chapter 7 liquidation or a chapter 11 reorganization 
case, the United States trustee shall call a meeting of creditors to be 
held no fewer than 21 and no more than 40 days after the order for 
relief. In a chapter 12 family farmer debt adjustment case, the United 
States trustee shall call a meeting of creditors to be held no fewer 
than 21 and no more than 35 days after the order for relief. In a 
chapter 13 individual's debt adjustment case, the United States trustee 
shall call a meeting of creditors to be held no fewer than 21 and no 
more than 50 days after the order for relief. If there is an appeal from 
or a motion to vacate the order for relief, or if there is a motion to 
dismiss the case, the United States trustee may set a later date for the 
meeting. The meeting may be held at a regular place for holding court or 
at any other place designated by the United States trustee within the 
district convenient for the parties in interest. If the United States 
trustee designates a place for the meeting which is not regularly 
staffed by the United States trustee or an assistant who may preside at 
the meeting, the meeting may be held not more than 60 days after the 
order for relief.
    (b) Order of Meeting.
            (1) Meeting of Creditors. The United States trustee shall 
        preside at the meeting of creditors. The business of the meeting 
        shall include the examination of the debtor under oath and, in a 
        chapter 7 liquidation case, may include the election of a 
        creditors' committee and, if the case is not under subchapter V 
        of chapter 7, the election of a trustee. The presiding officer 
        shall have the authority to administer oaths.
            (2) Meeting of Equity Security Holders. If the United States 
        trustee convenes a meeting of equity security holders pursuant 
        to Sec. 341(b) of the Code, the United States trustee shall fix 
        a date for the meeting and shall preside.
            (3) Right To Vote. In a chapter 7 liquidation case, a 
        creditor is entitled to vote at a meeting if, at or before the 
        meeting, the creditor has filed a proof of claim or a writing 
        setting forth facts evidencing a right to vote pursuant to 
        Sec. 702(a) of the Code unless objection is made to the claim or 
        the proof of claim is insufficient on its face. A creditor of a 
        partnership may file a proof of claim or writing evidencing a 
        right to vote for the trustee for the estate of the general 
        partner notwithstanding that a trustee for the estate of the 
        partnership has previously qualified. In the event of an 
        objection to the amount or allowability of a claim for the 
        purpose of voting, unless the court orders otherwise, the United 
        States trustee shall tabulate the votes for each alternative 
        presented by the dispute and, if resolution of such dispute is 
        necessary to determine the result of the election, the 
        tabulations for each alternative shall be reported to the court.
    (c) Record of Meeting. Any examination under oath at the meeting of 
creditors held pursuant to Sec. 341(a) of the Code shall be recorded 
verbatim by the United States trustee using electronic sound recording 
equipment or other means of recording, and such record shall be 
preserved by the United States trustee and available for public access 
until two years after the conclusion of the meeting of creditors. Upon 
request of any entity, the United States trustee shall certify and 
provide a copy or transcript of such recording at the entity's expense.
    (d) Report of Election and Resolution of Disputes in a Chapter 7 
Case.
            (1) Report of Undisputed Election. In a chapter 7 case, if 
        the election of a trustee or a member of a creditors' committee 
        is not disputed, the United States trustee shall promptly file a 
        report of the election, including the name and address of the 
        person or entity elected and a statement that the election is 
        undisputed.
            (2) Disputed Election. If the election is disputed, the 
        United States trustee shall promptly file a report stating that 
        the election is disputed, informing the court of the nature of 
        the dispute, and listing the name and address of any candidate 
        elected under any alternative presented by the dispute. No later 
        than the date on which the report is filed, the United States 
        trustee shall mail a copy of the report to any party in interest 
        that has made a request to receive a copy of the report. Pending 
        disposition by the court of a disputed election for trustee, the 
        interim trustee shall continue in office. Unless a motion for 
        the resolution of the dispute is filed no later than 14 days 
        after the United States trustee files a report of a disputed 
        election for trustee, the interim trustee shall serve as trustee 
        in the case.
    (e) Adjournment. The meeting may be adjourned from time to time by 
announcement at the meeting of the adjourned date and time without 
further written notice.
    (f) Special Meetings. The United States trustee may call a special 
meeting of creditors on request of a party in interest or on the United 
States trustee's own initiative.
    (g) Final Meeting. If the United States trustee calls a final 
meeting of creditors in a case in which the net proceeds realized exceed 
$1,500, the clerk shall mail a summary of the trustee's final account to 
the creditors with a notice of the meeting, together with a statement of 
the amount of the claims allowed. The trustee shall attend the final 
meeting and shall, if requested, report on the administration of the 
estate.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 
1, 1991; Apr. 22, 1993, eff. Aug. 1, 1993; Apr. 26, 1999, eff. Dec. 1, 
1999; Mar. 27, 2003, eff. Dec. 1, 2003; Apr. 23, 2008, eff. Dec. 1, 
2008; Mar. 26, 2009, eff. Dec. 1, 2009.)
Rule 2004
_____. Examination_____________________________________________________
    (a) Examination on Motion. On motion of any party in interest, the 
court may order the examination of any entity.
    (b) Scope of Examination. The examination of an entity under this 
rule or of the debtor under Sec. 343 of the Code may relate only to the 
acts, conduct, or property or to the liabilities and financial condition 
of the debtor, or to any matter which may affect the administration of 
the debtor's estate, or to the debtor's right to a discharge. In a 
family farmer's debt adjustment case under chapter 12, an individual's 
debt adjustment case under chapter 13, or a reorganization case under 
chapter 11 of the Code, other than for the reorganization of a railroad, 
the examination may also relate to the operation of any business and the 
desirability of its continuance, the source of any money or property 
acquired or to be acquired by the debtor for purposes of consummating a 
plan and the consideration given or offered therefor, and any other 
matter relevant to the case or to the formulation of a plan.
    (c) Compelling Attendance and Production of Documents. The 
attendance of an entity for examination and for the production of 
documents, whether the examination is to be conducted within or without 
the district in which the case is pending, may be compelled as provided 
in Rule 9016 for the attendance of a witness at a hearing or trial. As 
an officer of the court, an attorney may issue and sign a subpoena on 
behalf of the court for the district in which the examination is to be 
held if the attorney is admitted to practice in that court or in the 
court in which the case is pending.
    (d) Time and Place of Examination of Debtor. The court may for cause 
shown and on terms as it may impose order the debtor to be examined 
under this rule at any time or place it designates, whether within or 
without the district wherein the case is pending.
    (e) Mileage. An entity other than a debtor shall not be required to 
attend as a witness unless lawful mileage and witness fee for one day's 
attendance shall be first tendered. If the debtor resides more than 100 
miles from the place of examination when required to appear for an 
examination under this rule, the mileage allowed by law to a witness 
shall be tendered for any distance more than 100 miles from the debtor's 
residence at the date of the filing of the first petition commencing a 
case under the Code or the residence at the time the debtor is required 
to appear for the examination, whichever is the lesser.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 
1, 1991; Apr. 29, 2002, eff. Dec. 1, 2002.)
Rule 2005
_____. Apprehension and Removal of Debtor to Compel Attendance for 
Examination_____________________________________________________________
    (a) Order To Compel Attendance for Examination. On motion of any 
party in interest supported by an affidavit alleging (1) that the 
examination of the debtor is necessary for the proper administration of 
the estate and that there is reasonable cause to believe that the debtor 
is about to leave or has left the debtor's residence or principal place 
of business to avoid examination, or (2) that the debtor has evaded 
service of a subpoena or of an order to attend for examination, or (3) 
that the debtor has willfully disobeyed a subpoena or order to attend 
for examination, duly served, the court may issue to the marshal, or 
some other officer authorized by law, an order directing the officer to 
bring the debtor before the court without unnecessary delay. If, after 
hearing, the court finds the allegations to be true, the court shall 
thereupon cause the debtor to be examined forthwith. If necessary, the 
court shall fix conditions for further examination and for the debtor's 
obedience to all orders made in reference thereto.
    (b) Removal. Whenever any order to bring the debtor before the court 
is issued under this rule and the debtor is found in a district other 
than that of the court issuing the order, the debtor may be taken into 
custody under the order and removed in accordance with the following 
rules:
            (1) If the debtor is taken into custody under the order at a 
        place less than 100 miles from the place of issue of the order, 
        the debtor shall be brought forthwith before the court that 
        issued the order.
            (2) If the debtor is taken into custody under the order at a 
        place 100 miles or more from the place of issue of the order, 
        the debtor shall be brought without unnecessary delay before the 
        nearest available United States magistrate judge, bankruptcy 
        judge, or district judge. If, after hearing, the magistrate 
        judge, bankruptcy judge, or district judge finds that an order 
        has issued under this rule and that the person in custody is the 
        debtor, or if the person in custody waives a hearing, the 
        magistrate judge, bankruptcy judge, or district judge shall 
        order removal, and the person in custody shall be released on 
        conditions ensuring prompt appearance before the court that 
        issued the order to compel the attendance.
    (c) Conditions of Release. In determining what conditions will 
reasonably assure attendance or obedience under subdivision (a) of this 
rule or appearance under subdivision (b) of this rule, the court shall 
be governed by the provisions and policies of title 18, U.S.C., 
Sec. 3146(a) and (b).
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 22, 1993, eff. Aug. 
1, 1993.)
Rule 2006
_____. Solicitation and Voting of Proxies in Chapter 7 Liquidation 
Cases___________________________________________________________________
    (a) Applicability. This rule applies only in a liquidation case 
pending under chapter 7 of the Code.
    (b) Definitions.
            (1) Proxy. A proxy is a written power of attorney 
        authorizing any entity to vote the claim or otherwise act as the 
        owner's attorney in fact in connection with the administration 
        of the estate.
            (2) Solicitation of Proxy. The solicitation of a proxy is 
        any communication, other than one from an attorney to a regular 
        client who owns a claim or from an attorney to the owner of a 
        claim who has requested the attorney to represent the owner, by 
        which a creditor is asked, directly or indirectly, to give a 
        proxy after or in contemplation of the filing of a petition by 
        or against the debtor.
    (c) Authorized Solicitation.
            (1) A proxy may be solicited only by (A) a creditor owning 
        an allowable unsecured claim against the estate on the date of 
        the filing of the petition; (B) a committee elected pursuant to 
        Sec. 705 of the Code; (C) a committee of creditors selected by a 
        majority in number and amount of claims of creditors (i) whose 
        claims are not contingent or unliquidated, (ii) who are not 
        disqualified from voting under Sec. 702(a) of the Code and (iii) 
        who were present or represented at a meeting of which all 
        creditors having claims of over $500 or the 100 creditors having 
        the largest claims had at least seven days' notice in writing 
        and of which meeting written minutes were kept and are available 
        reporting the names of the creditors present or represented and 
        voting and the amounts of their claims; or (D) a bona fide trade 
        or credit association, but such association may solicit only 
        creditors who were its members or subscribers in good standing 
        and had allowable unsecured claims on the date of the filing of 
        the petition.
            (2) A proxy may be solicited only in writing.
    (d) Solicitation Not Authorized. This rule does not permit 
solicitation (1) in any interest other than that of general creditors; 
(2) by or on behalf of any custodian; (3) by the interim trustee or by 
or on behalf of any entity not qualified to vote under Sec. 702(a) of 
the Code; (4) by or on behalf of an attorney at law; or (5) by or on 
behalf of a transferee of a claim for collection only.
    (e) Data Required From Holders of Multiple Proxies. At any time 
before the voting commences at any meeting of creditors pursuant to 
Sec. 341(a) of the Code, or at any other time as the court may direct, a 
holder of two or more proxies shall file and transmit to the United 
States trustee a verified list of the proxies to be voted and a verified 
statement of the pertinent facts and circumstances in connection with 
the execution and delivery of each proxy, including:
            (1) a copy of the solicitation;
            (2) identification of the solicitor, the forwarder, if the 
        forwarder is neither the solicitor nor the owner of the claim, 
        and the proxyholder, including their connections with the debtor 
        and with each other. If the solicitor, forwarder, or proxyholder 
        is an association, there shall also be included a statement that 
        the creditors whose claims have been solicited and the creditors 
        whose claims are to be voted were members or subscribers in good 
        standing and had allowable unsecured claims on the date of the 
        filing of the petition. If the solicitor, forwarder, or 
        proxyholder is a committee of creditors, the statement shall 
        also set forth the date and place the committee was organized, 
        that the committee was organized in accordance with clause (B) 
        or (C) of paragraph (c)(1) of this rule, the members of the 
        committee, the amounts of their claims, when the claims were 
        acquired, the amounts paid therefor, and the extent to which the 
        claims of the committee members are secured or entitled to 
        priority;
            (3) a statement that no consideration has been paid or 
        promised by the proxyholder for the proxy;
            (4) a statement as to whether there is any agreement and, if 
        so, the particulars thereof, between the proxyholder and any 
        other entity for the payment of any consideration in connection 
        with voting the proxy, or for the sharing of compensation with 
        any entity, other than a member or regular associate of the 
        proxyholder's law firm, which may be allowed the trustee or any 
        entity for services rendered in the case, or for the employment 
        of any person as attorney, accountant, appraiser, auctioneer, or 
        other employee for the estate;
            (5) if the proxy was solicited by an entity other than the 
        proxyholder, or forwarded to the holder by an entity who is 
        neither a solicitor of the proxy nor the owner of the claim, a 
        statement signed and verified by the solicitor or forwarder that 
        no consideration has been paid or promised for the proxy, and 
        whether there is any agreement, and, if so, the particulars 
        thereof, between the solicitor or forwarder and any other entity 
        for the payment of any consideration in connection with voting 
        the proxy, or for sharing compensation with any entity other 
        than a member or regular associate of the solicitor's or 
        forwarder's law firm which may be allowed the trustee or any 
        entity for services rendered in the case, or for the employment 
        of any person as attorney, accountant, appraiser, auctioneer, or 
        other employee for the estate;
            (6) if the solicitor, forwarder, or proxyholder is a 
        committee, a statement signed and verified by each member as to 
        the amount and source of any consideration paid or to be paid to 
        such member in connection with the case other than by way of 
        dividend on the member's claim.
    (f) Enforcement of Restrictions on Solicitation. On motion of any 
party in interest or on its own initiative, the court may determine 
whether there has been a failure to comply with the provisions of this 
rule or any other impropriety in connection with the solicitation or 
voting of a proxy. After notice and a hearing the court may reject any 
proxy for cause, vacate any order entered in consequence of the voting 
of any proxy which should have been rejected, or take any other 
appropriate action.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 
1, 1991; Mar. 26, 2009, eff. Dec. 1, 2009.)
Rule 2007
_____. Review of Appointment of Creditors' Committee Organized Before 
Commencement of the Case________________________________________________
    (a) Motion To Review Appointment. If a committee appointed by the 
United States trustee pursuant to Sec. 1102(a) of the Code consists of 
the members of a committee organized by creditors before the 
commencement of a chapter 9 or chapter 11 case, on motion of a party in 
interest and after a hearing on notice to the United States trustee and 
other entities as the court may direct, the court may determine whether 
the appointment of the committee satisfies the requirements of 
Sec. 1102(b)(1) of the Code.
    (b) Selection of Members of Committee. The court may find that a 
committee organized by unsecured creditors before the commencement of a 
chapter 9 or chapter 11 case was fairly chosen if:
            (1) it was selected by a majority in number and amount of 
        claims of unsecured creditors who may vote under Sec. 702(a) of 
        the Code and were present in person or represented at a meeting 
        of which all creditors having unsecured claims of over $1,000 or 
        the 100 unsecured creditors having the largest claims had at 
        least seven days' notice in writing, and of which meeting 
        written minutes reporting the names of the creditors present or 
        represented and voting and the amounts of their claims were kept 
        and are available for inspection;
            (2) all proxies voted at the meeting for the elected 
        committee were solicited pursuant to Rule 2006 and the lists and 
        statements required by subdivision (e) thereof have been 
        transmitted to the United States trustee; and
            (3) the organization of the committee was in all other 
        respects fair and proper.
    (c) Failure To Comply With Requirements for Appointment. After a 
hearing on notice pursuant to subdivision (a) of this rule, the court 
shall direct the United States trustee to vacate the appointment of the 
committee and may order other appropriate action if the court finds that 
such appointment failed to satisfy the requirements of Sec. 1102(b)(1) 
of the Code.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 
1, 1991; Mar. 26, 2009, eff. Dec. 1, 2009.)
Rule 2007.1
_____. Appointment of Trustee or Examiner in a Chapter 11 
Reorganization Case_____________________________________________________
    (a) Order To Appoint Trustee or Examiner. In a chapter 11 
reorganization case, a motion for an order to appoint a trustee or an 
examiner under Sec. 1104(a) or Sec. 1104(c) of the Code shall be made in 
accordance with Rule 9014.
    (b) Election of Trustee.
            (1) Request for an Election. A request to convene a meeting 
        of creditors for the purpose of electing a trustee in a chapter 
        11 reorganization case shall be filed and transmitted to the 
        United States trustee in accordance with Rule 5005 within the 
        time prescribed by Sec. 1104(b) of the Code. Pending court 
        approval of the person elected, any person appointed by the 
        United States trustee under Sec. 1104(d) and approved in 
        accordance with subdivision (c) of this rule shall serve as 
        trustee.
            (2) Manner of Election and Notice. An election of a trustee 
        under Sec. 1104(b) of the Code shall be conducted in the manner 
        provided in Rules 2003(b)(3) and 2006. Notice of the meeting of 
        creditors convened under Sec. 1104(b) shall be given as provided 
        in Rule 2002. The United States trustee shall preside at the 
        meeting. A proxy for the purpose of voting in the election may 
        be solicited only by a committee of creditors appointed under 
        Sec. 1102 of the Code or by any other party entitled to solicit 
        a proxy pursuant to Rule 2006.
            (3) Report of Election and Resolution of Disputes.
                    (A) Report of Undisputed Election. If no dispute 
                arises out of the election, the United States trustee 
                shall promptly file a report certifying the election, 
                including the name and address of the person elected and 
                a statement that the election is undisputed. The report 
                shall be accompanied by a verified statement of the 
                person elected setting forth that person's connections 
                with the debtor, creditors, any other party in interest, 
                their respective attorneys and accountants, the United 
                States trustee, or any person employed in the office of 
                the United States trustee.
                    (B) Dispute Arising Out of an Election. If a dispute 
                arises out of an election, the United States trustee 
                shall promptly file a report stating that the election 
                is disputed, informing the court of the nature of the 
                dispute, and listing the name and address of any 
                candidate elected under any alternative presented by the 
                dispute. The report shall be accompanied by a verified 
                statement by each candidate elected under each 
                alternative presented by the dispute, setting forth the 
                person's connections with the debtor, creditors, any 
                other party in interest, their respective attorneys and 
                accountants, the United States trustee, or any person 
                employed in the office of the United States trustee. Not 
                later than the date on which the report of the disputed 
                election is filed, the United States trustee shall mail 
                a copy of the report and each verified statement to any 
                party in interest that has made a request to convene a 
                meeting under Sec. 1104(b) or to receive a copy of the 
                report, and to any committee appointed under Sec. 1102 
                of the Code.
    (c) Approval of Appointment. An order approving the appointment of a 
trustee or an examiner under Sec. 1104(d) of the Code shall be made on 
application of the United States trustee. The application shall state 
the name of the person appointed and, to the best of the applicant's 
knowledge, all the person's connections with the debtor, creditors, any 
other parties in interest, their respective attorneys and accountants, 
the United States trustee, or persons employed in the office of the 
United States trustee. The application shall state the names of the 
parties in interest with whom the United States trustee consulted 
regarding the appointment. The application shall be accompanied by a 
verified statement of the person appointed setting forth the person's 
connections with the debtor, creditors, any other party in interest, 
their respective attorneys and accountants, the United States trustee, 
or any person employed in the office of the United States trustee.
(Added Apr. 30, 1991, eff. Aug. 1, 1991; amended Apr. 11, 1997, eff. 
Dec. 1, 1997; Apr. 23, 2008, eff. Dec. 1, 2008.)
Rule 2007.2
_____. Appointment of Patient Care Ombudsman in a Health Care Business 
Case____________________________________________________________________
    (a) Order to Appoint Patient Care Ombudsman. In a chapter 7, chapter 
9, or chapter 11 case in which the debtor is a health care business, the 
court shall order the appointment of a patient care ombudsman under 
Sec. 333 of the Code, unless the court, on motion of the United States 
trustee or a party in interest filed no later than 21 days after the 
commencement of the case or within another time fixed by the court, 
finds that the appointment of a patient care ombudsman is not necessary 
under the specific circumstances of the case for the protection of 
patients.
    (b) Motion for Order To Appoint Ombudsman. If the court has found 
that the appointment of an ombudsman is not necessary, or has terminated 
the appointment, the court, on motion of the United States trustee or a 
party in interest, may order the appointment at a later time if it finds 
that the appointment has become necessary to protect patients.
    (c) Notice of Appointment. If a patient care ombudsman is appointed 
under Sec. 333, the United States trustee shall promptly file a notice 
of the appointment, including the name and address of the person 
appointed. Unless the person appointed is a State Long-Term Care 
Ombudsman, the notice shall be accompanied by a verified statement of 
the person appointed setting forth the person's connections with the 
debtor, creditors, patients, any other party in interest, their 
respective attorneys and accountants, the United States trustee, and any 
person employed in the office of the United States trustee.
    (d) Termination of Appointment. On motion of the United States 
trustee or a party in interest, the court may terminate the appointment 
of a patient care ombudsman if the court finds that the appointment is 
not necessary to protect patients.
    (e) Motion. A motion under this rule shall be governed by Rule 9014. 
The motion shall be transmitted to the United States trustee and served 
on: the debtor; the trustee; any committee elected under Sec. 705 or 
appointed under Sec. 1102 of the Code or its authorized agent, or, if 
the case is a chapter 9 municipality case or a chapter 11 reorganization 
case and no committee of unsecured creditors has been appointed under 
Sec. 1102, on the creditors included on the list filed under Rule 
1007(d); and such other entities as the court may direct.
(Added Apr. 23, 2008, eff. Dec. 1, 2008; amended Mar. 26, 2009, eff. 
Dec. 1, 2009.)
Rule 2008
_____. Notice to Trustee of Selection__________________________________
    The United States trustee shall immediately notify the person 
selected as trustee how to qualify and, if applicable, the amount of the 
trustee's bond. A trustee that has filed a blanket bond pursuant to Rule 
2010 and has been selected as trustee in a chapter 7, chapter 12, or 
chapter 13 case that does not notify the court and the United States 
trustee in writing of rejection of the office within seven days after 
receipt of notice of selection shall be deemed to have accepted the 
office. Any other person selected as trustee shall notify the court and 
the United States trustee in writing of acceptance of the office within 
seven days after receipt of notice of selection or shall be deemed to 
have rejected the office.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 
1, 1991; Mar. 26, 2009, eff. Dec. 1, 2009.)
Rule 2009
_____. Trustees for Estates When Joint Administration Ordered__________
    (a) Election of Single Trustee for Estates Being Jointly 
Administered. If the court orders a joint administration of two or more 
estates under Rule 1015(b), creditors may elect a single trustee for the 
estates being jointly administered, unless the case is under subchapter 
V of chapter 7 of the Code.
    (b) Right of Creditors To Elect Separate Trustee. Notwithstanding 
entry of an order for joint administration under Rule 1015(b), the 
creditors of any debtor may elect a separate trustee for the estate of 
the debtor as provided in Sec. 702 of the Code, unless the case is under 
subchapter V of chapter 7.
    (c) Appointment of Trustees for Estates Being Jointly Administered.
            (1) Chapter 7 Liquidation Cases. Except in a case governed 
        by subchapter V of chapter 7, the United States trustee may 
        appoint one or more interim trustees for estates being jointly 
        administered in chapter 7 cases.
            (2) Chapter 11 Reorganization Cases. If the appointment of a 
        trustee is ordered, the United States trustee may appoint one or 
        more trustees for estates being jointly administered in chapter 
        11 cases.
            (3) Chapter 12 Family Farmer's Debt Adjustment Cases. The 
        United States trustee may appoint one or more trustees for 
        estates being jointly administered in chapter 12 cases.
            (4) Chapter 13 Individual's Debt Adjustment Cases. The 
        United States trustee may appoint one or more trustees for 
        estates being jointly administered in chapter 13 cases.
    (d) Potential Conflicts of Interest. On a showing that creditors or 
equity security holders of the different estates will be prejudiced by 
conflicts of interest of a common trustee who has been elected or 
appointed, the court shall order the selection of separate trustees for 
estates being jointly administered.
    (e) Separate Accounts. The trustee or trustees of estates being 
jointly administered shall keep separate accounts of the property and 
distribution of each estate.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 
1, 1991; Mar. 27, 2003, eff. Dec. 1, 2003.)
Rule 2010
_____. Qualification by Trustee; Proceeding on Bond____________________
    (a) Blanket Bond. The United States trustee may authorize a blanket 
bond in favor of the United States conditioned on the faithful 
performance of official duties by the trustee or trustees to cover (1) a 
person who qualifies as trustee in a number of cases, and (2) a number 
of trustees each of whom qualifies in a different case.
    (b) Proceeding on Bond. A proceeding on the trustee's bond may be 
brought by any party in interest in the name of the United States for 
the use of the entity injured by the breach of the condition.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 
1, 1991.)
Rule 2011
_____. Evidence of Debtor in Possession or Qualification of Trustee____
    (a) Whenever evidence is required that a debtor is a debtor in 
possession or that a trustee has qualified, the clerk may so certify and 
the certificate shall constitute conclusive evidence of that fact.
    (b) If a person elected or appointed as trustee does not qualify 
within the time prescribed by Sec. 322(a) of the Code, the clerk shall 
so notify the court and the United States trustee.
(As amended Apr. 30, 1991, eff. Aug. 1, 1991.)
Rule 2012
_____. Substitution of Trustee or Successor Trustee; Accounting________
    (a) Trustee. If a trustee is appointed in a chapter 11 case or the 
debtor is removed as debtor in possession in a chapter 12 case, the 
trustee is substituted automatically for the debtor in possession as a 
party in any pending action, proceeding, or matter.
    (b) Successor Trustee. When a trustee dies, resigns, is removed, or 
otherwise ceases to hold office during the pendency of a case under the 
Code (1) the successor is automatically substituted as a party in any 
pending action, proceeding, or matter; and (2) the successor trustee 
shall prepare, file, and transmit to the United States trustee an 
accounting of the prior administration of the estate.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 
1, 1991.)
Rule 2013
_____. Public Record of Compensation Awarded to Trustees, Examiners, 
and Professionals_______________________________________________________
    (a) Record To Be Kept. The clerk shall maintain a public record 
listing fees awarded by the court (1) to trustees and attorneys, 
accountants, appraisers, auctioneers and other professionals employed by 
trustees, and (2) to examiners. The record shall include the name and 
docket number of the case, the name of the individual or firm receiving 
the fee and the amount of the fee awarded. The record shall be 
maintained chronologically and shall be kept current and open to 
examination by the public without charge. ``Trustees,'' as used in this 
rule, does not include debtors in possession.
    (b) Summary of Record. At the close of each annual period, the clerk 
shall prepare a summary of the public record by individual or firm name, 
to reflect total fees awarded during the preceding year. The summary 
shall be open to examination by the public without charge. The clerk 
shall transmit a copy of the summary to the United States trustee.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 
1, 1991.)
Rule 2014
_____. Employment of Professional Persons______________________________
    (a) Application for and Order of Employment. An order approving the 
employment of attorneys, accountants, appraisers, auctioneers, agents, 
or other professionals pursuant to Sec. 327, Sec. 1103, or Sec. 1114 of 
the Code shall be made only on application of the trustee or committee. 
The application shall be filed and, unless the case is a chapter 9 
municipality case, a copy of the application shall be transmitted by the 
applicant to the United States trustee. The application shall state the 
specific facts showing the necessity for the employment, the name of the 
person to be employed, the reasons for the selection, the professional 
services to be rendered, any proposed arrangement for compensation, and, 
to the best of the applicant's knowledge, all of the person's 
connections with the debtor, creditors, any other party in interest, 
their respective attorneys and accountants, the United States trustee, 
or any person employed in the office of the United States trustee. The 
application shall be accompanied by a verified statement of the person 
to be employed setting forth the person's connections with the debtor, 
creditors, any other party in interest, their respective attorneys and 
accountants, the United States trustee, or any person employed in the 
office of the United States trustee.
    (b) Services Rendered by Member or Associate of Firm of Attorneys or 
Accountants. If, under the Code and this rule, a law partnership or 
corporation is employed as an attorney, or an accounting partnership or 
corporation is employed as an accountant, or if a named attorney or 
accountant is employed, any partner, member, or regular associate of the 
partnership, corporation, or individual may act as attorney or 
accountant so employed, without further order of the court.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 
1, 1991.)
Rule 2015
_____. Duty to Keep Records, Make Reports, and Give Notice of Case or 
Change of Status________________________________________________________
    (a) Trustee or Debtor in Possession. A trustee or debtor in 
possession shall:
            (1) in a chapter 7 liquidation case and, if the court 
        directs, in a chapter 11 reorganization case file and transmit 
        to the United States trustee a complete inventory of the 
        property of the debtor within 30 days after qualifying as a 
        trustee or debtor in possession, unless such an inventory has 
        already been filed;
            (2) keep a record of receipts and the disposition of money 
        and property received;
            (3) file the reports and summaries required by Sec. 704(8) 
        of the Code which shall include a statement, if payments are 
        made to employees, of the amounts of deductions for all taxes 
        required to be withheld or paid for and in behalf of employees 
        and the place where these amounts are deposited;
            (4) as soon as possible after the commencement of the case, 
        give notice of the case to every entity known to be holding 
        money or property subject to withdrawal or order of the debtor, 
        including every bank, savings or building and loan association, 
        public utility company, and landlord with whom the debtor has a 
        deposit, and to every insurance company which has issued a 
        policy having a cash surrender value payable to the debtor, 
        except that notice need not be given to any entity who has 
        knowledge or has previously been notified of the case;
            (5) in a chapter 11 reorganization case, on or before the 
        last day of the month after each calendar quarter during which 
        there is a duty to pay fees under 28 U.S.C. Sec. 1930(a)(6), 
        file and transmit to the United States trustee a statement of 
        any disbursements made during that quarter and of any fees 
        payable under 28 U.S.C. Sec. 1930(a)(6) for that quarter; and
            (6) in a chapter 11 small business case, unless the court, 
        for cause, sets another reporting interval, file and transmit to 
        the United States trustee for each calendar month after the 
        order for relief, on the appropriate Official Form, the report 
        required by Sec. 308. If the order for relief is within the 
        first 15 days of a calendar month, a report shall be filed for 
        the portion of the month that follows the order for relief. If 
        the order for relief is after the 15th day of a calendar month, 
        the period for the remainder of the month shall be included in 
        the report for the next calendar month. Each report shall be 
        filed no later than 21 days after the last day of the calendar 
        month following the month covered by the report. The obligation 
        to file reports under this subparagraph terminates on the 
        effective date of the plan, or conversion or dismissal of the 
        case.
    (b) Chapter 12 Trustee and Debtor in Possession. In a chapter 12 
family farmer's debt adjustment case, the debtor in possession shall 
perform the duties prescribed in clauses (2)-(4) of subdivision (a) of 
this rule and, if the court directs, shall file and transmit to the 
United States trustee a complete inventory of the property of the debtor 
within the time fixed by the court. If the debtor is removed as debtor 
in possession, the trustee shall perform the duties of the debtor in 
possession prescribed in this paragraph.
    (c) Chapter 13 Trustee and Debtor.
            (1) Business Cases. In a chapter 13 individual's debt 
        adjustment case, when the debtor is engaged in business, the 
        debtor shall perform the duties prescribed by clauses (2)-(4) of 
        subdivision (a) of this rule and, if the court directs, shall 
        file and transmit to the United States trustee a complete 
        inventory of the property of the debtor within the time fixed by 
        the court.
            (2) Nonbusiness Cases. In a chapter 13 individual's debt 
        adjustment case, when the debtor is not engaged in business, the 
        trustee shall perform the duties prescribed by clause (2) of 
        subdivision (a) of this rule.
    (d) Foreign Representative. In a case in which the court has granted 
recognition of a foreign proceeding under chapter 15, the foreign 
representative shall file any notice required under Sec. 1518 of the 
Code within 14 days after the date when the representative becomes aware 
of the subsequent information.
    (e) Transmission of Reports. In a chapter 11 case the court may 
direct that copies or summaries of annual reports and copies or 
summaries of other reports shall be mailed to the creditors, equity 
security holders, and indenture trustees. The court may also direct the 
publication of summaries of any such reports. A copy of every report or 
summary mailed or published pursuant to this subdivision shall be 
transmitted to the United States trustee.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 
1, 1991; Apr. 23, 1996, eff. Dec. 1, 1996; Apr. 29, 2002, eff. Dec. 1, 
2002; Apr. 23, 2008, eff. Dec. 1, 2008; Mar. 26, 2009, eff. Dec. 1, 
2009.)
Rule 2015.1
_____. Patient Care Ombudsman__________________________________________
    (a) Reports. A patient care ombudsman, at least 14 days before 
making a report under Sec. 333(b)(2) of the Code, shall give notice that 
the report will be made to the court, unless the court orders otherwise. 
The notice shall be transmitted to the United States trustee, posted 
conspicuously at the health care facility that is the subject of the 
report, and served on: the debtor; the trustee; all patients; and any 
committee elected under Sec. 705 or appointed under Sec. 1102 of the 
Code or its authorized agent, or, if the case is a chapter 9 
municipality case or a chapter 11 reorganization case and no committee 
of unsecured creditors has been appointed under Sec. 1102, on the 
creditors included on the list filed under Rule 1007(d); and such other 
entities as the court may direct. The notice shall state the date and 
time when the report will be made, the manner in which the report will 
be made, and, if the report is in writing, the name, address, telephone 
number, email address, and website, if any, of the person from whom a 
copy of the report may be obtained at the debtor's expense.
    (b) Authorization to Review Confidential Patient Records. A motion 
by a patient care ombudsman under Sec. 333(c) to review confidential 
patient records shall be governed by Rule 9014, served on the patient 
and any family member or other contact person whose name and address 
have been given to the trustee or the debtor for the purpose of 
providing information regarding the patient's health care, and 
transmitted to the United States trustee subject to applicable 
nonbankruptcy law relating to patient privacy. Unless the court orders 
otherwise, a hearing on the motion may not be commenced earlier than 14 
days after service of the motion.
(Added Apr. 23, 2008, eff. Dec. 1, 2008; amended Mar. 26, 2009, eff. 
Dec. 1, 2009.)
Rule 2015.2
_____. Transfer of Patient in Health Care Business Case________________
    Unless the court orders otherwise, if the debtor is a health care 
business, the trustee may not transfer a patient to another health care 
business under Sec. 704(a)(12) of the Code unless the trustee gives at 
least 14 days' notice of the transfer to the patient care ombudsman, if 
any, the patient, and any family member or other contact person whose 
name and address has been given to the trustee or the debtor for the 
purpose of providing information regarding the patient's health care. 
The notice is subject to applicable nonbankruptcy law relating to 
patient privacy.
(Added Apr. 23, 2008, eff. Dec. 1, 2008; amended Mar. 26, 2009, eff. 
Dec. 1, 2009.)
Rule 2015.3
_____. Reports of Financial Information on Entities in Which a Chapter 
11 Estate Holds a Controlling or Substantial Interest___________________
    (a) Reporting Requirement. In a chapter 11 case, the trustee or 
debtor in possession shall file periodic financial reports of the value, 
operations, and profitability of each entity that is not a publicly 
traded corporation or a debtor in a case under title 11, and in which 
the estate holds a substantial or controlling interest. The reports 
shall be prepared as prescribed by the appropriate Official Form, and 
shall be based upon the most recent information reasonably available to 
the trustee or debtor in possession.
    (b) Time for Filing; Service. The first report required by this rule 
shall be filed no later than seven days before the first date set for 
the meeting of creditors under Sec. 341 of the Code. Subsequent reports 
shall be filed no less frequently than every six months thereafter, 
until the effective date of a plan or the case is dismissed or 
converted. Copies of the report shall be served on the United States 
trustee, any committee appointed under Sec. 1102 of the Code, and any 
other party in interest that has filed a request therefor.
    (c) Presumption of Substantial or Controlling Interest; Judicial 
Determination. For purposes of this rule, an entity of which the estate 
controls or owns at least a 20 percent interest, shall be presumed to be 
an entity in which the estate has a substantial or controlling interest. 
An entity in which the estate controls or owns less than a 20 percent 
interest shall be presumed not to be an entity in which the estate has a 
substantial or controlling interest. Upon motion, the entity, any holder 
of an interest therein, the United States trustee, or any other party in 
interest may seek to rebut either presumption, and the court shall, 
after notice and a hearing, determine whether the estate's interest in 
the entity is substantial or controlling.
    (d) Modification of Reporting Requirement. The court may, after 
notice and a hearing, vary the reporting requirement established by 
subdivision (a) of this rule for cause, including that the trustee or 
debtor in possession is not able, after a good faith effort, to comply 
with those reporting requirements, or that the information required by 
subdivision (a) is publicly available.
    (e) Notice and Protective Orders. No later than 14 days before 
filing the first report required by this rule, the trustee or debtor in 
possession shall send notice to the entity in which the estate has a 
substantial or controlling interest, and to all holders--known to the 
trustee or debtor in possession--of an interest in that entity, that the 
trustee or debtor in possession expects to file and serve financial 
information relating to the entity in accordance with this rule. The 
entity in which the estate has a substantial or controlling interest, or 
a person holding an interest in that entity, may request protection of 
the information under Sec. 107 of the Code.
    (f) Effect of Request. Unless the court orders otherwise, the 
pendency of a request under subdivisions (c), (d), or (e) of this rule 
shall not alter or stay the requirements of subdivision (a).
(Added Apr. 23, 2008, eff. Dec. 1, 2008; amended Mar. 26, 2009, eff. 
Dec. 1, 2009.)
Rule 2016
_____. Compensation for Services Rendered and Reimbursement of Expenses
    (a) Application for Compensation or Reimbursement. An entity seeking 
interim or final compensation for services, or reimbursement of 
necessary expenses, from the estate shall file an application setting 
forth a detailed statement of (1) the services rendered, time expended 
and expenses incurred, and (2) the amounts requested. An application for 
compensation shall include a statement as to what payments have 
theretofore been made or promised to the applicant for services rendered 
or to be rendered in any capacity whatsoever in connection with the 
case, the source of the compensation so paid or promised, whether any 
compensation previously received has been shared and whether an 
agreement or understanding exists between the applicant and any other 
entity for the sharing of compensation received or to be received for 
services rendered in or in connection with the case, and the particulars 
of any sharing of compensation or agreement or understanding therefor, 
except that details of any agreement by the applicant for the sharing of 
compensation as a member or regular associate of a firm of lawyers or 
accountants shall not be required. The requirements of this subdivision 
shall apply to an application for compensation for services rendered by 
an attorney or accountant even though the application is filed by a 
creditor or other entity. Unless the case is a chapter 9 municipality 
case, the applicant shall transmit to the United States trustee a copy 
of the application.
    (b) Disclosure of Compensation Paid or Promised to Attorney for 
Debtor. Every attorney for a debtor, whether or not the attorney applies 
for compensation, shall file and transmit to the United States trustee 
within 14 days after the order for relief, or at another time as the 
court may direct, the statement required by Sec. 329 of the Code 
including whether the attorney has shared or agreed to share the 
compensation with any other entity. The statement shall include the 
particulars of any such sharing or agreement to share by the attorney, 
but the details of any agreement for the sharing of the compensation 
with a member or regular associate of the attorney's law firm shall not 
be required. A supplemental statement shall be filed and transmitted to 
the United States trustee within 14 days after any payment or agreement 
not previously disclosed.
    (c) Disclosure of Compensation Paid or Promised to Bankruptcy 
Petition Preparer. Before a petition is filed, every bankruptcy petition 
preparer for a debtor shall deliver to the debtor, the declaration under 
penalty of perjury required by Sec. 110(h)(2). The declaration shall 
disclose any fee, and the source of any fee, received from or on behalf 
of the debtor within 12 months of the filing of the case and all unpaid 
fees charged to the debtor. The declaration shall also describe the 
services performed and documents prepared or caused to be prepared by 
the bankruptcy petition preparer. The declaration shall be filed with 
the petition. The petition preparer shall file a supplemental statement 
within 14 days after any payment or agreement not previously disclosed.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 
1, 1991; Mar. 27, 2003, eff. Dec. 1, 2003; Mar. 26, 2009, eff. Dec. 1, 
2009.)
Rule 2017
_____. Examination of Debtor's Transactions with Debtor's Attorney_____
    (a) Payment or Transfer to Attorney Before Order for Relief. On 
motion by any party in interest or on the court's own initiative, the 
court after notice and a hearing may determine whether any payment of 
money or any transfer of property by the debtor, made directly or 
indirectly and in contemplation of the filing of a petition under the 
Code by or against the debtor or before entry of the order for relief in 
an involuntary case, to an attorney for services rendered or to be 
rendered is excessive.
    (b) Payment or Transfer to Attorney After Order for Relief. On 
motion by the debtor, the United States trustee, or on the court's own 
initiative, the court after notice and a hearing may determine whether 
any payment of money or any transfer of property, or any agreement 
therefor, by the debtor to an attorney after entry of an order for 
relief in a case under the Code is excessive, whether the payment or 
transfer is made or is to be made directly or indirectly, if the 
payment, transfer, or agreement therefor is for services in any way 
related to the case.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 
1, 1991.)
Rule 2018
_____. Intervention; Right to Be Heard_________________________________
    (a) Permissive Intervention. In a case under the Code, after hearing 
on such notice as the court directs and for cause shown, the court may 
permit any interested entity to intervene generally or with respect to 
any specified matter.
    (b) Intervention by Attorney General of a State. In a chapter 7, 11, 
12, or 13 case, the Attorney General of a State may appear and be heard 
on behalf of consumer creditors if the court determines the appearance 
is in the public interest, but the Attorney General may not appeal from 
any judgment, order, or decree in the case.
    (c) Chapter 9 Municipality Case. The Secretary of the Treasury of 
the United States may, or if requested by the court shall, intervene in 
a chapter 9 case. Representatives of the state in which the debtor is 
located may intervene in a chapter 9 case with respect to matters 
specified by the court.
    (d) Labor Unions. In a chapter 9, 11, or 12 case, a labor union or 
employees' association, representative of employees of the debtor, shall 
have the right to be heard on the economic soundness of a plan affecting 
the interests of the employees. A labor union or employees' association 
which exercises its right to be heard under this subdivision shall not 
be entitled to appeal any judgment, order, or decree relating to the 
plan, unless otherwise permitted by law.
    (e) Service on Entities Covered by This Rule. The court may enter 
orders governing the service of notice and papers on entities permitted 
to intervene or be heard pursuant to this rule.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 
1, 1991.)
Rule 2019
_____. Representation of Creditors and Equity Security Holders in 
Chapter 9 Municipality and Chapter 11 Reorganization Cases______________
    (a) Data Required. In a chapter 9 municipality or chapter 11 
reorganization case, except with respect to a committee appointed 
pursuant to Sec. 1102 or 1114 of the Code, every entity or committee 
representing more than one creditor or equity security holder and, 
unless otherwise directed by the court, every indenture trustee, shall 
file a verified statement setting forth (1) the name and address of the 
creditor or equity security holder; (2) the nature and amount of the 
claim or interest and the time of acquisition thereof unless it is 
alleged to have been acquired more than one year prior to the filing of 
the petition; (3) a recital of the pertinent facts and circumstances in 
connection with the employment of the entity or indenture trustee, and, 
in the case of a committee, the name or names of the entity or entities 
at whose instance, directly or indirectly, the employment was arranged 
or the committee was organized or agreed to act; and (4) with reference 
to the time of the employment of the entity, the organization or 
formation of the committee, or the appearance in the case of any 
indenture trustee, the amounts of claims or interests owned by the 
entity, the members of the committee or the indenture trustee, the times 
when acquired, the amounts paid therefor, and any sales or other 
disposition thereof. The statement shall include a copy of the 
instrument, if any, whereby the entity, committee, or indenture trustee 
is empowered to act on behalf of creditors or equity security holders. A 
supplemental statement shall be filed promptly, setting forth any 
material changes in the facts contained in the statement filed pursuant 
to this subdivision.
    (b) Failure To Comply; Effect. On motion of any party in interest or 
on its own initiative, the court may (1) determine whether there has 
been a failure to comply with the provisions of subdivision (a) of this 
rule or with any other applicable law regulating the activities and 
personnel of any entity, committee, or indenture trustee or any other 
impropriety in connection with any solicitation and, if it so 
determines, the court may refuse to permit that entity, committee, or 
indenture trustee to be heard further or to intervene in the case; (2) 
examine any representation provision of a deposit agreement, proxy, 
trust mortgage, trust indenture, or deed of trust, or committee or other 
authorization, and any claim or interest acquired by any entity or 
committee in contemplation or in the course of a case under the Code and 
grant appropriate relief; and (3) hold invalid any authority, 
acceptance, rejection, or objection given, procured, or received by an 
entity or committee who has not complied with this rule or with 
Sec. 1125(b) of the Code.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 
1, 1991.)
Rule 2020
_____. Review of Acts by United States Trustee_________________________
    A proceeding to contest any act or failure to act by the United 
States trustee is governed by Rule 9014.
(Added Apr. 30, 1991, eff. Aug. 1, 1991.)

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

Rule 3001
_____. Proof of Claim__________________________________________________
    (a) Form and Content. A proof of claim is a written statement 
setting forth a creditor's claim. A proof of claim shall conform 
substantially to the appropriate Official Form.
    (b) Who May Execute. A proof of claim shall be executed by the 
creditor or the creditor's authorized agent except as provided in Rules 
3004 and 3005.
    (c) Claim Based on a Writing. When a claim, or an interest in 
property of the debtor securing the claim, is based on a writing, the 
original or a duplicate shall be filed with the proof of claim. If the 
writing has been lost or destroyed, a statement of the circumstances of 
the loss or destruction shall be filed with the claim.
    (d) Evidence of Perfection of Security Interest. If a security 
interest in property of the debtor is claimed, the proof of claim shall 
be accompanied by evidence that the security interest has been 
perfected.
    (e) Transferred Claim.
            (1) Transfer of Claim Other Than for Security Before Proof 
        Filed. If a claim has been transferred other than for security 
        before proof of the claim has been filed, the proof of claim may 
        be filed only by the transferee or an indenture trustee.
            (2) Transfer of Claim Other than for Security after Proof 
        Filed. If a claim other than one based on a publicly traded 
        note, bond, or debenture has been transferred other than for 
        security after the proof of claim has been filed, evidence of 
        the transfer shall be filed by the transferee. The clerk shall 
        immediately notify the alleged transferor by mail of the filing 
        of the evidence of transfer and that objection thereto, if any, 
        must be filed within 21 days of the mailing of the notice or 
        within any additional time allowed by the court. If the alleged 
        transferor files a timely objection and the court finds, after 
        notice and a hearing, that the claim has been transferred other 
        than for security, it shall enter an order substituting the 
        transferee for the transferor. If a timely objection is not 
        filed by the alleged transferor, the transferee shall be 
        substituted for the transferor.
            (3) Transfer of Claim for Security Before Proof Filed. If a 
        claim other than one based on a publicly traded note, bond, or 
        debenture has been transferred for security before proof of the 
        claim has been filed, the transferor or transferee or both may 
        file a proof of claim for the full amount. The proof shall be 
        supported by a statement setting forth the terms of the 
        transfer. If either the transferor or the transferee files a 
        proof of claim, the clerk shall immediately notify the other by 
        mail of the right to join in the filed claim. If both transferor 
        and transferee file proofs of the same claim, the proofs shall 
        be consolidated. If the transferor or transferee does not file 
        an agreement regarding its relative rights respecting voting of 
        the claim, payment of dividends thereon, or participation in the 
        administration of the estate, on motion by a party in interest 
        and after notice and a hearing, the court shall enter such 
        orders respecting these matters as may be appropriate.
            (4) Transfer of Claim for Security after Proof Filed. If a 
        claim other than one based on a publicly traded note, bond, or 
        debenture has been transferred for security after the proof of 
        claim has been filed, evidence of the terms of the transfer 
        shall be filed by the transferee. The clerk shall immediately 
        notify the alleged transferor by mail of the filing of the 
        evidence of transfer and that objection thereto, if any, must be 
        filed within 21 days of the mailing of the notice or within any 
        additional time allowed by the court. If a timely objection is 
        filed by the alleged transferor, the court, after notice and a 
        hearing, shall determine whether the claim has been transferred 
        for security. If the transferor or transferee does not file an 
        agreement regarding its relative rights respecting voting of the 
        claim, payment of dividends thereon, or participation in the 
        administration of the estate, on motion by a party in interest 
        and after notice and a hearing, the court shall enter such 
        orders respecting these matters as may be appropriate.
            (5) Service of Objection or Motion; Notice of Hearing. A 
        copy of an objection filed pursuant to paragraph (2) or (4) or a 
        motion filed pursuant to paragraph (3) or (4) of this 
        subdivision together with a notice of a hearing shall be mailed 
        or otherwise delivered to the transferor or transferee, 
        whichever is appropriate, at least 30 days prior to the hearing.
    (f) Evidentiary Effect. A proof of claim executed and filed in 
accordance with these rules shall constitute prima facie evidence of the 
validity and amount of the claim.
    (g) \1\ To the extent not inconsistent with the United States 
Warehouse Act or applicable State law, a warehouse receipt, scale 
ticket, or similar document of the type routinely issued as evidence of 
title by a grain storage facility, as defined in section 557 of title 
11, shall constitute prima facie evidence of the validity and amount of 
a claim of ownership of a quantity of grain.
---------------------------------------------------------------------------
    \1\ So in original. Subsec. (g) enacted without a catchline.
---------------------------------------------------------------------------
(As amended Pub. L. 98-353, title III, Sec. 354, July 10, 1984, 98 Stat. 
361; Apr. 30, 1991, eff. Aug. 1, 1991; Mar. 26, 2009, eff. Dec. 1, 
2009.)
Rule 3002
_____. Filing Proof of Claim or Interest_______________________________
    (a) Necessity for Filing. An unsecured creditor or an equity 
security holder must file a proof of claim or interest for the claim or 
interest to be allowed, except as provided in Rules 1019(3), 3003, 3004, 
and 3005.
    (b) Place of Filing. A proof of claim or interest shall be filed in 
accordance with Rule 5005.
    (c) Time for Filing. In a chapter 7 liquidation, chapter 12 family 
farmer's debt adjustment, or chapter 13 individual's debt adjustment 
case, a proof of claim is timely filed if it is filed not later than 90 
days after the first date set for the meeting of creditors called under 
Sec. 341(a) of the Code, except as follows:
            (1) A proof of claim filed by a governmental unit, other 
        than for a claim resulting from a tax return filed under 
        Sec. 1308, is timely filed if it is filed not later than 180 
        days after the date of the order for relief. A proof of claim 
        filed by a governmental unit for a claim resulting from a tax 
        return filed under Sec. 1308 is timely filed if it is filed no 
        later than 180 days after the date of the order for relief or 60 
        days after the date of the filing of the tax return. The court 
        may, for cause, enlarge the time for a governmental unit to file 
        a proof of claim only upon motion of the governmental unit made 
        before expiration of the period for filing a timely proof of 
        claim.
            (2) In the interest of justice and if it will not unduly 
        delay the administration of the case, the court may extend the 
        time for filing a proof of claim by an infant or incompetent 
        person or the representative of either.
            (3) An unsecured claim which arises in favor of an entity or 
        becomes allowable as a result of a judgment may be filed within 
        30 days after the judgment becomes final if the judgment is for 
        the recovery of money or property from that entity or denies or 
        avoids the entity's interest in property. If the judgment 
        imposes a liability which is not satisfied, or a duty which is 
        not performed within such period or such further time as the 
        court may permit, the claim shall not be allowed.
            (4) A claim arising from the rejection of an executory 
        contract or unexpired lease of the debtor may be filed within 
        such time as the court may direct.
            (5) If notice of insufficient assets to pay a dividend was 
        given to creditors under Rule 2002(e), and subsequently the 
        trustee notifies the court that payment of a dividend appears 
        possible, the clerk shall give at least 90 days' notice by mail 
        to creditors of that fact and of the date by which proofs of 
        claim must be filed.
            (6) If notice of the time to file a proof of claim has been 
        mailed to a creditor at a foreign address, on motion filed by 
        the creditor before or after the expiration of the time, the 
        court may extend the time by not more than 60 days if the court 
        finds that the notice was insufficient under the circumstances 
        to give the creditor a reasonable time to file a proof of claim.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 
1, 1991; Apr. 23, 1996, eff. Dec. 1, 1996; Apr. 23, 2008, eff. Dec. 1, 
2008.)
Rule 3003
_____. Filing Proof of Claim or Equity Security Interest in Chapter 9 
Municipality or Chapter 11 Reorganization Cases_________________________
    (a) Applicability of Rule. This rule applies in chapter 9 and 11 
cases.
    (b) Schedule of Liabilities and List of Equity Security Holders.
            (1) Schedule of Liabilities. The schedule of liabilities 
        filed pursuant to Sec. 521(l) of the Code shall constitute prima 
        facie evidence of the validity and amount of the claims of 
        creditors, unless they are scheduled as disputed, contingent, or 
        unliquidated. It shall not be necessary for a creditor or equity 
        security holder to file a proof of claim or interest except as 
        provided in subdivision (c)(2) of this rule.
            (2) List of Equity Security Holders. The list of equity 
        security holders filed pursuant to Rule 1007(a)(3) shall 
        constitute prima facie evidence of the validity and amount of 
        the equity security interests and it shall not be necessary for 
        the holders of such interests to file a proof of interest.
    (c) Filing Proof of Claim.
            (1) Who May File. Any creditor or indenture trustee may file 
        a proof of claim within the time prescribed by subdivision 
        (c)(3) of this rule.
            (2) Who Must File. Any creditor or equity security holder 
        whose claim or interest is not scheduled or scheduled as 
        disputed, contingent, or unliquidated shall file a proof of 
        claim or interest within the time prescribed by subdivision 
        (c)(3) of this rule; any creditor who fails to do so shall not 
        be treated as a creditor with respect to such claim for the 
        purposes of voting and distribution.
            (3) Time for Filing. The court shall fix and for cause shown 
        may extend the time within which proofs of claim or interest may 
        be filed. Notwithstanding the expiration of such time, a proof 
        of claim may be filed to the extent and under the conditions 
        stated in Rule 3002(c)(2), (c)(3), (c)(4), and (c)(6).
            (4) Effect of Filing Claim or Interest. A proof of claim or 
        interest executed and filed in accordance with this subdivision 
        shall supersede any scheduling of that claim or interest 
        pursuant to Sec. 521(a)(1) of the Code.
            (5) Filing by Indenture Trustee. An indenture trustee may 
        file a claim on behalf of all known or unknown holders of 
        securities issued pursuant to the trust instrument under which 
        it is trustee.
    (d) Proof of Right to Record Status. For the purposes of Rules 3017, 
3018 and 3021 and for receiving notices, an entity who is not the record 
holder of a security may file a statement setting forth facts which 
entitle that entity to be treated as the record holder. An objection to 
the statement may be filed by any party in interest.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 
1, 1991; Apr. 23, 2008, eff. Dec. 1, 2008.)
Rule 3004
_____. Filing of Claims by Debtor or Trustee___________________________
    If a creditor does not timely file a proof of claim under Rule 
3002(c) or 3003(c), the debtor or trustee may file a proof of the claim 
within 30 days after the expiration of the time for filing claims 
prescribed by Rule 3002(c) or 3003(c), whichever is applicable. The 
clerk shall forthwith give notice of the filing to the creditor, the 
debtor and the trustee.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 25, 2005, eff. Dec. 
1, 2005.)
Rule 3005
_____. Filing of Claim, Acceptance, or Rejection by Guarantor, Surety, 
Indorser, or Other Codebtor_____________________________________________
    (a) Filing of Claim. If a creditor does not timely file a proof of 
claim under Rule 3002(c) or 3003(c), any entity that is or may be liable 
with the debtor to that creditor, or who has secured that creditor, may 
file a proof of the claim within 30 days after the expiration of the 
time for filing claims prescribed by Rule 3002(c) or Rule 3003(c) 
whichever is applicable. No distribution shall be made on the claim 
except on satisfactory proof that the original debt will be diminished 
by the amount of distribution.
    (b) Filing of Acceptance or Rejection; Substitution of Creditor. An 
entity which has filed a claim pursuant to the first sentence of 
subdivision (a) of this rule may file an acceptance or rejection of a 
plan in the name of the creditor, if known, or if unknown, in the 
entity's own name but if the creditor files a proof of claim within the 
time permitted by Rule 3003(c) or files a notice prior to confirmation 
of a plan of the creditor's intention to act in the creditor's own 
behalf, the creditor shall be substituted for the obligor with respect 
to that claim.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 
1, 1991; Apr. 25, 2005, eff. Dec. 1, 2005.)
Rule 3006
_____. Withdrawal of Claim; Effect on Acceptance or Rejection of Plan__
    A creditor may withdraw a claim as of right by filing a notice of 
withdrawal, except as provided in this rule. If after a creditor has 
filed a proof of claim an objection is filed thereto or a complaint is 
filed against that creditor in an adversary proceeding, or the creditor 
has accepted or rejected the plan or otherwise has participated 
significantly in the case, the creditor may not withdraw the claim 
except on order of the court after a hearing on notice to the trustee or 
debtor in possession, and any creditors' committee elected pursuant to 
Sec. 705(a) or appointed pursuant to Sec. 1102 of the Code. The order of 
the court shall contain such terms and conditions as the court deems 
proper. Unless the court orders otherwise, an authorized withdrawal of a 
claim shall constitute withdrawal of any related acceptance or rejection 
of a plan.
(As amended Apr. 30, 1991, eff. Aug. 1, 1991.)
Rule 3007
_____. Objections to Claims____________________________________________
    (a) Objections to Claims. An objection to the allowance of a claim 
shall be in writing and filed. A copy of the objection with notice of 
the hearing thereon shall be mailed or otherwise delivered to the 
claimant, the debtor or debtor in possession, and the trustee at least 
30 days prior to the hearing.
    (b) Demand for Relief Requiring an Adversary Proceeding. A party in 
interest shall not include a demand for relief of a kind specified in 
Rule 7001 in an objection to the allowance of a claim, but may include 
the objection in an adversary proceeding.
    (c) Limitation on Joinder of Claims Objections. Unless otherwise 
ordered by the court or permitted by subdivision (d), objections to more 
than one claim shall not be joined in a single objection.
    (d) Omnibus Objection. Subject to subdivision (e), objections to 
more than one claim may be joined in an omnibus objection if all the 
claims were filed by the same entity, or the objections are based solely 
on the grounds that the claims should be disallowed, in whole or in 
part, because:
            (1) they duplicate other claims;
            (2) they have been filed in the wrong case;
            (3) they have been amended by subsequently filed proofs of 
        claim;
            (4) they were not timely filed;
            (5) they have been satisfied or released during the case in 
        accordance with the Code, applicable rules, or a court order;
            (6) they were presented in a form that does not comply with 
        applicable rules, and the objection states that the objector is 
        unable to determine the validity of the claim because of the 
        noncompliance;
            (7) they are interests, rather than claims; or
            (8) they assert priority in an amount that exceeds the 
        maximum amount under Sec. 507 of the Code.
    (e) Requirements for Omnibus Objection. An omnibus objection shall:
            (1) state in a conspicuous place that claimants receiving 
        the objection should locate their names and claims in the 
        objection;
            (2) list claimants alphabetically, provide a cross-reference 
        to claim numbers, and, if appropriate, list claimants by 
        category of claims;
            (3) state the grounds of the objection to each claim and 
        provide a cross-reference to the pages in the omnibus objection 
        pertinent to the stated grounds;
            (4) state in the title the identity of the objector and the 
        grounds for the objections;
            (5) be numbered consecutively with other omnibus objections 
        filed by the same objector; and
            (6) contain objections to no more than 100 claims.
    (f) Finality of Objection. The finality of any order regarding a 
claim objection included in an omnibus objection shall be determined as 
though the claim had been subject to an individual objection.
(As amended Apr. 30, 1991, eff. Aug. 1, 1991; Apr. 30, 2007, eff. Dec. 
1, 2007.)
Rule 3008
_____. Reconsideration of Claims_______________________________________
    A party in interest may move for reconsideration of an order 
allowing or disallowing a claim against the estate. The court after a 
hearing on notice shall enter an appropriate order.
Rule 3009
_____. Declaration and Payment of Dividends in a Chapter 7 Liquidation 
Case____________________________________________________________________
    In a chapter 7 case, dividends to creditors shall be paid as 
promptly as practicable. Dividend checks shall be made payable to and 
mailed to each creditor whose claim has been allowed, unless a power of 
attorney authorizing another entity to receive dividends has been 
executed and filed in accordance with Rule 9010. In that event, dividend 
checks shall be made payable to the creditor and to the other entity and 
shall be mailed to the other entity.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 22, 1993, eff. Aug. 
1, 1993.)
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________________________________________________________
    (a) Chapter 7 Cases. In a chapter 7 case no dividend in an amount 
less than $5 shall be distributed by the trustee to any creditor unless 
authorized by local rule or order of the court. Any dividend not 
distributed to a creditor shall be treated in the same manner as 
unclaimed funds as provided in Sec. 347 of the Code.
    (b) Chapter 12 and Chapter 13 Cases. In a chapter 12 or chapter 13 
case no payment in an amount less than $15 shall be distributed by the 
trustee to any creditor unless authorized by local rule or order of the 
court. Funds not distributed because of this subdivision shall 
accumulate and shall be paid whenever the accumulation aggregates $15. 
Any funds remaining shall be distributed with the final payment.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 
1, 1991.)
Rule 3011
_____. Unclaimed Funds in Chapter 7 Liquidation, Chapter 12 Family 
Farmer's Debt Adjustment, and Chapter 13 Individual's Debt Adjustment 
Cases___________________________________________________________________
    The trustee shall file a list of all known names and addresses of 
the entities and the amounts which they are entitled to be paid from 
remaining property of the estate that is paid into court pursuant to 
Sec. 347(a) of the Code.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 
1, 1991.)
Rule 3012
_____. Valuation of Security___________________________________________
    The court may determine the value of a claim secured by a lien on 
property in which the estate has an interest on motion of any party in 
interest and after a hearing on notice to the holder of the secured 
claim and any other entity as the court may direct.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987.)
Rule 3013
_____. Classification of Claims and Interests__________________________
    For the purposes of the plan and its acceptance, the court may, on 
motion after hearing on notice as the court may direct, determine 
classes of creditors and equity security holders pursuant to 
Sec. Sec. 1122, 1222(b)(1), and 1322(b)(1) of the Code.
(As amended Apr. 30, 1991, eff. Aug. 1, 1991.)
Rule 3014
_____. Election Under Sec. 1111(b) by Secured Creditor in Chapter 9 
Municipality or Chapter 11 Reorganization Case__________________________
    An election of application of Sec. 1111(b)(2) of the Code by a class 
of secured creditors in a chapter 9 or 11 case may be made at any time 
prior to the conclusion of the hearing on the disclosure statement or 
within such later time as the court may fix. If the disclosure statement 
is conditionally approved pursuant to Rule 3017.1, and a final hearing 
on the disclosure statement is not held, the election of application of 
Sec. 1111(b)(2) may be made not later than the date fixed pursuant to 
Rule 3017.1(a)(2) or another date the court may fix. The election shall 
be in writing and signed unless made at the hearing on the disclosure 
statement. The election, if made by the majorities required by 
Sec. 1111(b)(1)(A)(i), shall be binding on all members of the class with 
respect to the plan.
(As amended Apr. 11, 1997, eff. Dec. 1, 1997.)
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_______________________________________
    (a) Chapter 12 Plan. The debtor may file a chapter 12 plan with the 
petition. If a plan is not filed with the petition, it shall be filed 
within the time prescribed by Sec. 1221 of the Code.
    (b) Chapter 13 Plan. The debtor may file a chapter 13 plan with the 
petition. If a plan is not filed with the petition, it shall be filed 
within 14 days thereafter, and such time may not be further extended 
except for cause shown and on notice as the court may direct. If a case 
is converted to chapter 13, a plan shall be filed within 14 days 
thereafter, and such time may not be further extended except for cause 
shown and on notice as the court may direct.
    (c) Dating. Every proposed plan and any modification thereof shall 
be dated.
    (d) Notice and Copies. The plan or a summary of the plan shall be 
included with each notice of the hearing on confirmation mailed pursuant 
to Rule 2002. If required by the court, the debtor shall furnish a 
sufficient number of copies to enable the clerk to include a copy of the 
plan with the notice of the hearing.
    (e) Transmission to United States Trustee. The clerk shall forthwith 
transmit to the United States trustee a copy of the plan and any 
modification thereof filed pursuant to subdivision (a) or (b) of this 
rule.
    (f) Objection to Confirmation; Determination of Good Faith in the 
Absence of an Objection. An objection to confirmation of a plan shall be 
filed and served on the debtor, the trustee, and any other entity 
designated by the court, and shall be transmitted to the United States 
trustee, before confirmation of the plan. An objection to confirmation 
is governed by Rule 9014. If no objection is timely filed, the court may 
determine that the plan has been proposed in good faith and not by any 
means forbidden by law without receiving evidence on such issues.
    (g) Modification of Plan After Confirmation. A request to modify a 
plan pursuant to Sec. 1229 or Sec. 1329 of the Code shall identify the 
proponent and shall be filed together with the proposed modification. 
The clerk, or some other person as the court may direct, shall give the 
debtor, the trustee, and all creditors not less than 21 days' notice by 
mail of the time fixed for filing objections and, if an objection is 
filed, the hearing to consider the proposed modification, unless the 
court orders otherwise with respect to creditors who are not affected by 
the proposed modification. A copy of the notice shall be transmitted to 
the United States trustee. A copy of the proposed modification, or a 
summary thereof, shall be included with the notice. If required by the 
court, the proponent shall furnish a sufficient number of copies of the 
proposed modification, or a summary thereof, to enable the clerk to 
include a copy with each notice. Any objection to the proposed 
modification shall be filed and served on the debtor, the trustee, and 
any other entity designated by the court, and shall be transmitted to 
the United States trustee. An objection to a proposed modification is 
governed by Rule 9014.
(As amended Apr. 30, 1991, eff. Aug. 1, 1991; Apr. 22, 1993, eff. Aug. 
1, 1993; Mar. 26, 2009, eff. Dec. 1, 2009.)
Rule 3016
_____. Filing of Plan and Disclosure Statement in a Chapter 9 
Municipality or Chapter 11 Reorganization Case__________________________
    (a) Identification of Plan. Every proposed plan and any modification 
thereof shall be dated and, in a chapter 11 case, identified with the 
name of the entity or entities submitting or filing it.
    (b) Disclosure Statement. In a chapter 9 or 11 case, a disclosure 
statement under Sec. 1125 of the Code or evidence showing compliance 
with Sec. 1126(b) shall be filed with the plan or within a time fixed by 
the court, unless the plan is intended to provide adequate information 
under Sec. 1125(f)(1). If the plan is intended to provide adequate 
information under Sec. 1125(f)(1), it shall be so designated and Rule 
3017.1 shall apply as if the plan is a disclosure statement.
    (c) Injunction Under a Plan. If a plan provides for an injunction 
against conduct not otherwise enjoined under the Code, the plan and 
disclosure statement shall describe in specific and conspicuous language 
(bold, italic, or underlined text) all acts to be enjoined and identify 
the entities that would be subject to the injunction.
    (d) Standard Form Small Business Disclosure Statement and Plan. In a 
small business case, the court may approve a disclosure statement and 
may confirm a plan that conform substantially to the appropriate 
Official Forms or other standard forms approved by the court.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 
1, 1991; Apr. 23, 1996, eff. Dec. 1, 1996; Apr. 23, 2001, eff. Dec. 1, 
2001; Apr. 23, 2008, eff. Dec. 1, 2008.)
Rule 3017
_____. Court Consideration of Disclosure Statement in a Chapter 9 
Municipality or Chapter 11 Reorganization Case__________________________
    (a) Hearing on Disclosure Statement and Objections. Except as 
provided in Rule 3017.1, after a disclosure statement is filed in 
accordance with Rule 3016(b), the court shall hold a hearing on at least 
28 days' notice to the debtor, creditors, equity security holders and 
other parties in interest as provided in Rule 2002 to consider the 
disclosure statement and any objections or modifications thereto. The 
plan and the disclosure statement shall be mailed with the notice of the 
hearing only to the debtor, any trustee or committee appointed under the 
Code, the Securities and Exchange Commission and any party in interest 
who requests in writing a copy of the statement or plan. Objections to 
the disclosure statement shall be filed and served on the debtor, the 
trustee, any committee appointed under the Code, and any other entity 
designated by the court, at any time before the disclosure statement is 
approved or by an earlier date as the court may fix. In a chapter 11 
reorganization case, every notice, plan, disclosure statement, and 
objection required to be served or mailed pursuant to this subdivision 
shall be transmitted to the United States trustee within the time 
provided in this subdivision.
    (b) Determination on Disclosure Statement. Following the hearing the 
court shall determine whether the disclosure statement should be 
approved.
    (c) Dates Fixed for Voting on Plan and Confirmation. On or before 
approval of the disclosure statement, the court shall fix a time within 
which the holders of claims and interests may accept or reject the plan 
and may fix a date for the hearing on confirmation.
    (d) Transmission and Notice to United States Trustee, Creditors, and 
Equity Security Holders. Upon approval of a disclosure statement,-- \1\ 
except to the extent that the court orders otherwise with respect to one 
or more unimpaired classes of creditors or equity security holders--the 
debtor in possession, trustee, proponent of the plan, or clerk as the 
court orders shall mail to all creditors and equity security holders, 
and in a chapter 11 reorganization case shall transmit to the United 
States trustee,
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    \1\ So in original. The comma probably should not appear.
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            (1) the plan or a court-approved summary of the plan;
            (2) the disclosure statement approved by the court;
            (3) notice of the time within which acceptances and 
        rejections of the plan may be filed; and
            (4) any other information as the court may direct, including 
        any court opinion approving the disclosure statement or a court-
        approved summary of the opinion.
In addition, notice of the time fixed for filing objections and the 
hearing on confirmation shall be mailed to all creditors and equity 
security holders in accordance with Rule 2002(b), and a form of ballot 
conforming to the appropriate Official Form shall be mailed to creditors 
and equity security holders entitled to vote on the plan. If the court 
opinion is not transmitted or only a summary of the plan is transmitted, 
the court opinion or the plan shall be provided on request of a party in 
interest at the plan proponent's expense. If the court orders that the 
disclosure statement and the plan or a summary of the plan shall not be 
mailed to any unimpaired class, notice that the class is designated in 
the plan as unimpaired and notice of the name and address of the person 
from whom the plan or summary of the plan and disclosure statement may 
be obtained upon request and at the plan proponent's expense, shall be 
mailed to members of the unimpaired class together with the notice of 
the time fixed for filing objections to and the hearing on confirmation. 
For the purposes of this subdivision, creditors and equity security 
holders shall include holders of stock, bonds, debentures, notes, and 
other securities of record on the date the order approving the 
disclosure statement is entered or another date fixed by the court, for 
cause, after notice and a hearing.
    (e) Transmission to Beneficial Holders of Securities. At the hearing 
held pursuant to subdivision (a) of this rule, the court shall consider 
the procedures for transmitting the documents and information required 
by subdivision (d) of this rule to beneficial holders of stock, bonds, 
debentures, notes, and other securities, determine the adequacy of the 
procedures, and enter any orders the court deems appropriate.
    (f) Notice and Transmission of Documents to Entities Subject to an 
Injunction Under a Plan. If a plan provides for an injunction against 
conduct not otherwise enjoined under the Code and an entity that would 
be subject to the injunction is not a creditor or equity security 
holder, at the hearing held under Rule 3017(a), the court shall consider 
procedures for providing the entity with:
            (1) at least 28 days' notice of the time fixed for filing 
        objections and the hearing on confirmation of the plan 
        containing the information described in Rule 2002(c)(3); and
            (2) to the extent feasible, a copy of the plan and 
        disclosure statement.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 
1, 1991; Apr. 11, 1997, eff. Dec. 1, 1997; Apr. 23, 2001, eff. Dec. 1, 
2001; Mar. 26, 2009, eff. Dec. 1, 2009.)
Rule 3017.1
_____. Court Consideration of Disclosure Statement in a Small Business 
Case____________________________________________________________________
    (a) Conditional Approval of Disclosure Statement. In a small 
business case, the court may, on application of the plan proponent or on 
its own initiative, conditionally approve a disclosure statement filed 
in accordance with Rule 3016. On or before conditional approval of the 
disclosure statement, the court shall:
            (1) fix a time within which the holders of claims and 
        interests may accept or reject the plan;
            (2) fix a time for filing objections to the disclosure 
        statement;
            (3) fix a date for the hearing on final approval of the 
        disclosure statement to be held if a timely objection is filed; 
        and
            (4) fix a date for the hearing on confirmation.
    (b) Application of Rule 3017. Rule 3017(a), (b), (c), and (e) do not 
apply to a conditionally approved disclosure statement. Rule 3017(d) 
applies to a conditionally approved disclosure statement, except that 
conditional approval is considered approval of the disclosure statement 
for the purpose of applying Rule 3017(d).
    (c) Final Approval.
            (1) Notice. Notice of the time fixed for filing objections 
        and the hearing to consider final approval of the disclosure 
        statement shall be given in accordance with Rule 2002 and may be 
        combined with notice of the hearing on confirmation of the plan.
            (2) Objections. Objections to the disclosure statement shall 
        be filed, transmitted to the United States trustee, and served 
        on the debtor, the trustee, any committee appointed under the 
        Code and any other entity designated by the court at any time 
        before final approval of the disclosure statement or by an 
        earlier date as the court may fix.
            (3) Hearing. If a timely objection to the disclosure 
        statement is filed, the court shall hold a hearing to consider 
        final approval before or combined with the hearing on 
        confirmation of the plan.
(Added Apr. 11, 1997, eff. Dec. 1, 1997; amended Apr. 23, 2008, eff. 
Dec. 1, 2008.)
Rule 3018
_____. Acceptance or Rejection of Plan in a Chapter 9 Municipality or a 
Chapter 11 Reorganization Case__________________________________________
    (a) Entities Entitled To Accept or Reject Plan; Time for Acceptance 
or Rejection. A plan may be accepted or rejected in accordance with 
Sec. 1126 of the Code within the time fixed by the court pursuant to 
Rule 3017. Subject to subdivision (b) of this rule, an equity security 
holder or creditor whose claim is based on a security of record shall 
not be entitled to accept or reject a plan unless the equity security 
holder or creditor is the holder of record of the security on the date 
the order approving the disclosure statement is entered or on another 
date fixed by the court, for cause, after notice and a hearing. For 
cause shown, the court after notice and hearing may permit a creditor or 
equity security holder to change or withdraw an acceptance or rejection. 
Notwithstanding objection to a claim or interest, the court after notice 
and hearing may temporarily allow the claim or interest in an amount 
which the court deems proper for the purpose of accepting or rejecting a 
plan.
    (b) Acceptances or Rejections Obtained Before Petition. An equity 
security holder or creditor whose claim is based on a security of record 
who accepted or rejected the plan before the commencement of the case 
shall not be deemed to have accepted or rejected the plan pursuant to 
Sec. 1126(b) of the Code unless the equity security holder or creditor 
was the holder of record of the security on the date specified in the 
solicitation of such acceptance or rejection for the purposes of such 
solicitation. A holder of a claim or interest who has accepted or 
rejected a plan before the commencement of the case under the Code shall 
not be deemed to have accepted or rejected the plan if the court finds 
after notice and hearing that the plan was not transmitted to 
substantially all creditors and equity security holders of the same 
class, that an unreasonably short time was prescribed for such creditors 
and equity security holders to accept or reject the plan, or that the 
solicitation was not in compliance with Sec. 1126(b) of the Code.
    (c) Form of Acceptance or Rejection. An acceptance or rejection 
shall be in writing, identify the plan or plans accepted or rejected, be 
signed by the creditor or equity security holder or an authorized agent, 
and conform to the appropriate Official Form. If more than one plan is 
transmitted pursuant to Rule 3017, an acceptance or rejection may be 
filed by each creditor or equity security holder for any number of plans 
transmitted and if acceptances are filed for more than one plan, the 
creditor or equity security holder may indicate a preference or 
preferences among the plans so accepted.
    (d) Acceptance or Rejection by Partially Secured Creditor. A 
creditor whose claim has been allowed in part as a secured claim and in 
part as an unsecured claim shall be entitled to accept or reject a plan 
in both capacities.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 
1, 1991; Apr. 22, 1993, eff. Aug. 1, 1993; Apr. 11, 1997, eff. Dec. 1, 
1997.)
Rule 3019
_____. Modification of Accepted Plan in a Chapter 9 Municipality or a 
Chapter 11 Reorganization Case__________________________________________
    (a) Modification of Plan Before Confirmation. In a chapter 9 or 
chapter 11 case, after a plan has been accepted and before its 
confirmation, the proponent may file a modification of the plan. If the 
court finds after hearing on notice to the trustee, any committee 
appointed under the Code, and any other entity designated by the court 
that the proposed modification does not adversely change the treatment 
of the claim of any creditor or the interest of any equity security 
holder who has not accepted in writing the modification, it shall be 
deemed accepted by all creditors and equity security holders who have 
previously accepted the plan.
    (b) Modification of Plan After Confirmation in Individual Debtor 
Case. If the debtor is an individual, a request to modify the plan under 
Sec. 1127(e) of the Code is governed by Rule 9014. The request shall 
identify the proponent and shall be filed together with the proposed 
modification. The clerk, or some other person as the court may direct, 
shall give the debtor, the trustee, and all creditors not less than 21 
days' notice by mail of the time fixed to file objections and, if an 
objection is filed, the hearing to consider the proposed modification, 
unless the court orders otherwise with respect to creditors who are not 
affected by the proposed modification. A copy of the notice shall be 
transmitted to the United States trustee, together with a copy of the 
proposed modification. Any objection to the proposed modification shall 
be filed and served on the debtor, the proponent of the modification, 
the trustee, and any other entity designated by the court, and shall be 
transmitted to the United States trustee.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 22, 1993, eff. Aug. 
1, 1993; Apr. 23, 2008, eff. Dec. 1, 2008; Mar. 26, 2009, eff. Dec. 1, 
2009.)
Rule 3020
_____. Deposit; Confirmation of Plan in a Chapter 9 Municipality or 
Chapter 11 Reorganization Case__________________________________________
    (a) Deposit. In a chapter 11 case, prior to entry of the order 
confirming the plan, the court may order the deposit with the trustee or 
debtor in possession of the consideration required by the plan to be 
distributed on confirmation. Any money deposited shall be kept in a 
special account established for the exclusive purpose of making the 
distribution.
    (b) Objection to and Hearing on Confirmation in a Chapter 9 or 
Chapter 11 Case.
            (1) Objection. An objection to confirmation of the plan 
        shall be filed and served on the debtor, the trustee, the 
        proponent of the plan, any committee appointed under the Code, 
        and any other entity designated by the court, within a time 
        fixed by the court. Unless the case is a chapter 9 municipality 
        case, a copy of every objection to confirmation shall be 
        transmitted by the objecting party to the United States trustee 
        within the time fixed for filing objections. An objection to 
        confirmation is governed by Rule 9014.
            (2) Hearing. The court shall rule on confirmation of the 
        plan after notice and hearing as provided in Rule 2002. If no 
        objection is timely filed, the court may determine that the plan 
        has been proposed in good faith and not by any means forbidden 
        by law without receiving evidence on such issues.
    (c) Order of Confirmation.
            (1) The order of confirmation shall conform to the 
        appropriate Official Form. If the plan provides for an 
        injunction against conduct not otherwise enjoined under the 
        Code, the order of confirmation shall (1) describe in reasonable 
        detail all acts enjoined; (2) be specific in its terms regarding 
        the injunction; and (3) identify the entities subject to the 
        injunction.
            (2) Notice of entry of the order of confirmation shall be 
        mailed promptly to the debtor, the trustee, creditors, equity 
        security holders, other parties in interest, and, if known, to 
        any identified entity subject to an injunction provided for in 
        the plan against conduct not otherwise enjoined under the Code.
            (3) Except in a chapter 9 municipality case, notice of entry 
        of the order of confirmation shall be transmitted to the United 
        States trustee as provided in Rule 2002(k).
    (d) Retained Power. Notwithstanding the entry of the order of 
confirmation, the court may issue any other order necessary to 
administer the estate.
    (e) Stay of Confirmation Order. An order confirming a plan is stayed 
until the expiration of 14 days after the entry of the order, unless the 
court orders otherwise.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 
1, 1991; Apr. 22, 1993, eff. Aug. 1, 1993; Apr. 26, 1999, eff. Dec. 1, 
1999; Apr. 23, 2001, eff. Dec. 1, 2001; Mar. 26, 2009, eff. Dec. 1, 
2009.)
Rule 3021
_____. Distribution Under Plan_________________________________________
    Except as provided in Rule 3020(e), after a plan is confirmed, 
distribution shall be made to creditors whose claims have been allowed, 
to interest holders whose interests have not been disallowed, and to 
indenture trustees who have filed claims under Rule 3003(c)(5) that have 
been allowed. For purposes of this rule, creditors include holders of 
bonds, debentures, notes, and other debt securities, and interest 
holders include the holders of stock and other equity securities, of 
record at the time of commencement of distribution, unless a different 
time is fixed by the plan or the order confirming the plan.
(As amended Apr. 11, 1997, eff. Dec. 1, 1997; Apr. 26, 1999, eff. Dec. 
1, 1999.)
Rule 3022
_____. Final Decree in Chapter 11 Reorganization Case__________________
    After an estate is fully administered in a chapter 11 reorganization 
case, the court, on its own motion or on motion of a party in interest, 
shall enter a final decree closing the case.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 
1, 1991.)

                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______________________________________________________________
    (a) Relief From Stay; Prohibiting or Conditioning the Use, Sale, or 
Lease of Property.
            (1) Motion. A motion for relief from an automatic stay 
        provided by the Code or a motion to prohibit or condition the 
        use, sale, or lease of property pursuant to Sec. 363(e) shall be 
        made in accordance with Rule 9014 and shall be served on any 
        committee elected pursuant to Sec. 705 or appointed pursuant to 
        Sec. 1102 of the Code or its authorized agent, or, if the case 
        is a chapter 9 municipality case or a chapter 11 reorganization 
        case and no committee of unsecured creditors has been appointed 
        pursuant to Sec. 1102, on the creditors included on the list 
        filed pursuant to Rule 1007(d), and on such other entities as 
        the court may direct.
            (2) Ex Parte Relief. Relief from a stay under Sec. 362(a) or 
        a request to prohibit or condition the use, sale, or lease of 
        property pursuant to Sec. 363(e) may be granted without prior 
        notice only if (A) it clearly appears from specific facts shown 
        by affidavit or by a verified motion that immediate and 
        irreparable injury, loss, or damage will result to the movant 
        before the adverse party or the attorney for the adverse party 
        can be heard in opposition, and (B) the movant's attorney 
        certifies to the court in writing the efforts, if any, which 
        have been made to give notice and the reasons why notice should 
        not be required. The party obtaining relief under this 
        subdivision and Sec. 362(f) or Sec. 363(e) shall immediately 
        give oral notice thereof to the trustee or debtor in possession 
        and to the debtor and forthwith mail or otherwise transmit to 
        such adverse party or parties a copy of the order granting 
        relief. On two days notice to the party who obtained relief from 
        the stay without notice or on shorter notice to that party as 
        the court may prescribe, the adverse party may appear and move 
        reinstatement of the stay or reconsideration of the order 
        prohibiting or conditioning the use, sale, or lease of property. 
        In that event, the court shall proceed expeditiously to hear and 
        determine the motion.
            (3) Stay of Order. An order granting a motion for relief 
        from an automatic stay made in accordance with Rule 4001(a)(1) 
        is stayed until the expiration of 14 days after the entry of the 
        order, unless the court orders otherwise.
    (b) Use of Cash Collateral.
            (1) Motion; Service.
                    (A) Motion. A motion for authority to use cash 
                collateral shall be made in accordance with Rule 9014 
                and shall be accompanied by a proposed form of order.
                    (B) Contents. The motion shall consist of or (if the 
                motion is more than five pages in length) begin with a 
                concise statement of the relief requested, not to exceed 
                five pages, that lists or summarizes, and sets out the 
                location within the relevant documents of, all material 
                provisions, including:
                            (i) the name of each entity with an interest 
                        in the cash collateral;
                            (ii) the purposes for the use of the cash 
                        collateral;
                            (iii) the material terms, including 
                        duration, of the use of the cash collateral; and
                            (iv) any liens, cash payments, or other 
                        adequate protection that will be provided to 
                        each entity with an interest in the cash 
                        collateral or, if no additional adequate 
                        protection is proposed, an explanation of why 
                        each entity's interest is adequately protected.
                    (C) Service. The motion shall be served on: (1) any 
                entity with an interest in the cash collateral; (2) any 
                committee elected under Sec. 705 or appointed under 
                Sec. 1102 of the Code, or its authorized agent, or, if 
                the case is a chapter 9 municipality case or a chapter 
                11 reorganization case and no committee of unsecured 
                creditors has been appointed under Sec. 1102, the 
                creditors included on the list filed under Rule 1007(d); 
                and (3) any other entity that the court directs.
            (2) Hearing. The court may commence a final hearing on a 
        motion for authorization to use cash collateral no earlier than 
        14 days after service of the motion. If the motion so requests, 
        the court may conduct a preliminary hearing before such 14-day 
        period expires, but the court may authorize the use of only that 
        amount of cash collateral as is necessary to avoid immediate and 
        irreparable harm to the estate pending a final hearing.
            (3) Notice. Notice of hearing pursuant to this subdivision 
        shall be given to the parties on whom service of the motion is 
        required by paragraph (1) of this subdivision and to such other 
        entities as the court may direct.
    (c) Obtaining Credit.
            (1) Motion; Service.
                    (A) Motion. A motion for authority to obtain credit 
                shall be made in accordance with Rule 9014 and shall be 
                accompanied by a copy of the credit agreement and a 
                proposed form of order.
                    (B) Contents. The motion shall consist of or (if the 
                motion is more than five pages in length) begin with a 
                concise statement of the relief requested, not to exceed 
                five pages, that lists or summarizes, and sets out the 
                location within the relevant documents of, all material 
                provisions of the proposed credit agreement and form of 
                order, including interest rate, maturity, events of 
                default, liens, borrowing limits, and borrowing 
                conditions. If the proposed credit agreement or form of 
                order includes any of the provisions listed below, the 
                concise statement shall also: briefly list or summarize 
                each one; identify its specific location in the proposed 
                agreement and form of order; and identify any such 
                provision that is proposed to remain in effect if 
                interim approval is granted, but final relief is denied, 
                as provided under Rule 4001(c)(2). In addition, the 
                motion shall describe the nature and extent of each 
                provision listed below:
                            (i) a grant of priority or a lien on 
                        property of the estate under Sec. 364(c) or (d);
                            (ii) the providing of adequate protection or 
                        priority for a claim that arose before the 
                        commencement of the case, including the granting 
                        of a lien on property of the estate to secure 
                        the claim, or the use of property of the estate 
                        or credit obtained under Sec. 364 to make cash 
                        payments on account of the claim;
                            (iii) a determination of the validity, 
                        enforceability, priority, or amount of a claim 
                        that arose before the commencement of the case, 
                        or of any lien securing the claim;
                            (iv) a waiver or modification of Code 
                        provisions or applicable rules relating to the 
                        automatic stay;
                            (v) a waiver or modification of any entity's 
                        authority or right to file a plan, seek an 
                        extension of time in which the debtor has the 
                        exclusive right to file a plan, request the use 
                        of cash collateral under Sec. 363(c), or request 
                        authority to obtain credit under Sec. 364;
                            (vi) the establishment of deadlines for 
                        filing a plan of reorganization, for approval of 
                        a disclosure statement, for a hearing on 
                        confirmation, or for entry of a confirmation 
                        order;
                            (vii) a waiver or modification of the 
                        applicability of nonbankruptcy law relating to 
                        the perfection of a lien on property of the 
                        estate, or on the foreclosure or other 
                        enforcement of the lien;
                            (viii) a release, waiver, or limitation on 
                        any claim or other cause of action belonging to 
                        the estate or the trustee, including any 
                        modification of the statute of limitations or 
                        other deadline to commence an action;
                            (ix) the indemnification of any entity;
                            (x) a release, waiver, or limitation of any 
                        right under Sec. 506(c); or
                            (xi) the granting of a lien on any claim or 
                        cause of action arising under Sec. Sec. 544,\1\ 
                        545, 547, 548, 549, 553(b), 723(a), or 724(a).
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    \1\ So in original. Probably should be only one section symbol.
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                    (C) Service. The motion shall be served on: (1) any 
                committee elected under Sec. 705 or appointed under 
                Sec. 1102 of the Code, or its authorized agent, or, if 
                the case is a chapter 9 municipality case or a chapter 
                11 reorganization case and no committee of unsecured 
                creditors has been appointed under Sec. 1102, on the 
                creditors included on the list filed under Rule 1007(d); 
                and (2) on any other entity that the court directs.
            (2) Hearing. The court may commence a final hearing on a 
        motion for authority to obtain credit no earlier than 14 days 
        after service of the motion. If the motion so requests, the 
        court may conduct a hearing before such 14-day period expires, 
        but the court may authorize the obtaining of credit only to the 
        extent necessary to avoid immediate and irreparable harm to the 
        estate pending a final hearing.
            (3) Notice. Notice of hearing pursuant to this subdivision 
        shall be given to the parties on whom service of the motion is 
        required by paragraph (1) of this subdivision and to such other 
        entities as the court may direct.
    (d) Agreement Relating to Relief From the Automatic Stay, 
Prohibiting or Conditioning the Use, Sale, or Lease of Property, 
Providing Adequate Protection, Use of Cash Collateral, and Obtaining 
Credit.
            (1) Motion; Service.
                    (A) Motion. A motion for approval of any of the 
                following shall be accompanied by a copy of the 
                agreement and a proposed form of order:
                            (i) an agreement to provide adequate 
                        protection;
                            (ii) an agreement to prohibit or condition 
                        the use, sale, or lease of property;
                            (iii) an agreement to modify or terminate 
                        the stay provided for in Sec. 362;
                            (iv) an agreement to use cash collateral; or
                            (v) an agreement between the debtor and an 
                        entity that has a lien or interest in property 
                        of the estate pursuant to which the entity 
                        consents to the creation of a lien senior or 
                        equal to the entity's lien or interest in such 
                        property.
                    (B) Contents. The motion shall consist of or (if the 
                motion is more than five pages in length) begin with a 
                concise statement of the relief requested, not to exceed 
                five pages, that lists or summarizes, and sets out the 
                location within the relevant documents of, all material 
                provisions of the agreement. In addition, the concise 
                statement shall briefly list or summarize, and identify 
                the specific location of, each provision in the proposed 
                form of order, agreement, or other document of the type 
                listed in subdivision (c)(1)(B). The motion shall also 
                describe the nature and extent of each such provision.
                    (C) Service. The motion shall be served on: (1) any 
                committee elected under Sec. 705 or appointed under 
                Sec. 1102 of the Code, or its authorized agent, or, if 
                the case is a chapter 9 municipality case or a chapter 
                11 reorganization case and no committee of unsecured 
                creditors has been appointed under Sec. 1102, on the 
                creditors included on the list filed under Rule 1007(d); 
                and (2) on any other entity the court directs.
            (2) Objection. Notice of the motion and the time within 
        which objections may be filed and served on the debtor in 
        possession or trustee shall be mailed to the parties on whom 
        service is required by paragraph (1) of this subdivision and to 
        such other entities as the court may direct. Unless the court 
        fixes a different time, objections may be filed within 15 days 
        of the mailing of notice.
            (3) Disposition; Hearing. If no objection is filed, the 
        court may enter an order approving or disapproving the agreement 
        without conducting a hearing. If an objection is filed or if the 
        court determines a hearing is appropriate, the court shall hold 
        a hearing on no less than five days' notice to the objector, the 
        movant, the parties on whom service is required by paragraph (1) 
        of this subdivision and such other entities as the court may 
        direct.
            (4) Agreement in Settlement of Motion. The court may direct 
        that the procedures prescribed in paragraphs (1), (2), and (3) 
        of this subdivision shall not apply and the agreement may be 
        approved without further notice if the court determines that a 
        motion made pursuant to subdivisions (a), (b), or (c) of this 
        rule was sufficient to afford reasonable notice of the material 
        provisions of the agreement and opportunity for a hearing.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 
1, 1991; Apr. 26, 1999, eff. Dec. 1, 1999; Apr. 30, 2007, eff. Dec. 1, 
2007; Mar. 26, 2009, eff. Dec. 1, 2009.)
Rule 4002
_____. Duties of Debtor________________________________________________
    (a) In General. In addition to performing other duties prescribed by 
the Code and rules, the debtor shall:
            (1) attend and submit to an examination at the times ordered 
        by the court;
            (2) attend the hearing on a complaint objecting to discharge 
        and testify, if called as a witness;
            (3) inform the trustee immediately in writing as to the 
        location of real property in which the debtor has an interest 
        and the name and address of every person holding money or 
        property subject to the debtor's withdrawal or order if a 
        schedule of property has not yet been filed pursuant to Rule 
        1007;
            (4) cooperate with the trustee in the preparation of an 
        inventory, the examination of proofs of claim, and the 
        administration of the estate; and
            (5) file a statement of any change of the debtor's address.
    (b) Individual Debtor's Duty To Provide Documentation.
            (1) Personal Identification. Every individual debtor shall 
        bring to the meeting of creditors under Sec. 341:
                    (A) a picture identification issued by a 
                governmental unit, or other personal identifying 
                information that establishes the debtor's identity; and
                    (B) evidence of social-security number(s), or a 
                written statement that such documentation does not 
                exist.
            (2) Financial Information. Every individual debtor shall 
        bring to the meeting of creditors under Sec. 341, and make 
        available to the trustee, the following documents or copies of 
        them, or provide a written statement that the documentation does 
        not exist or is not in the debtor's possession:
                    (A) evidence of current income such as the most 
                recent payment advice;
                    (B) unless the trustee or the United States trustee 
                instructs otherwise, statements for each of the debtor's 
                depository and investment accounts, including checking, 
                savings, and money market accounts, mutual funds and 
                brokerage accounts for the time period that includes the 
                date of the filing of the petition; and
                    (C) documentation of monthly expenses claimed by the 
                debtor if required by Sec. 707(b)(2)(A) or (B).
            (3) Tax Return. At least 7 days before the first date set 
        for the meeting of creditors under Sec. 341, the debtor shall 
        provide to the trustee a copy of the debtor's federal income tax 
        return for the most recent tax year ending immediately before 
        the commencement of the case and for which a return was filed, 
        including any attachments, or a transcript of the tax return, or 
        provide a written statement that the documentation does not 
        exist.
            (4) Tax Returns Provided to Creditors. If a creditor, at 
        least 14 days before the first date set for the meeting of 
        creditors under Sec. 341, requests a copy of the debtor's tax 
        return that is to be provided to the trustee under subdivision 
        (b)(3), the debtor, at least 7 days before the first date set 
        for the meeting of creditors under Sec. 341, shall provide to 
        the requesting creditor a copy of the return, including any 
        attachments, or a transcript of the tax return, or provide a 
        written statement that the documentation does not exist.
            (5) Confidentiality of Tax Information. The debtor's 
        obligation to provide tax returns under Rule 4002(b)(3) and 
        (b)(4) is subject to procedures for safeguarding the 
        confidentiality of tax information established by the Director 
        of the Administrative Office of the United States Courts.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 23, 2008, eff. Dec. 1 
2008; Mar. 26, 2009, eff. Dec. 1, 2009.)
Rule 4003
_____. Exemptions______________________________________________________
    (a) Claim of Exemptions. A debtor shall list the property claimed as 
exempt under Sec. 522 of the Code on the schedule of assets required to 
be filed by Rule 1007. If the debtor fails to claim exemptions or file 
the schedule within the time specified in Rule 1007, a dependent of the 
debtor may file the list within 30 days thereafter.
    (b) Objecting to a Claim of Exemptions.
            (1) Except as provided in paragraphs (2) and (3), a party in 
        interest may file an objection to the list of property claimed 
        as exempt within 30 days after the meeting of creditors held 
        under Sec. 341(a) is concluded or within 30 days after any 
        amendment to the list or supplemental schedules is filed, 
        whichever is later. The court may, for cause, extend the time 
        for filing objections if, before the time to object expires, a 
        party in interest files a request for an extension.
            (2) The trustee may file an objection to a claim of 
        exemption at any time prior to one year after the closing of the 
        case if the debtor fraudulently asserted the claim of exemption. 
        The trustee shall deliver or mail the objection to the debtor 
        and the debtor's attorney, and to any person filing the list of 
        exempt property and that person's attorney.
            (3) An objection to a claim of exemption based on 
        Sec. 522(q) shall be filed before the closing of the case. If an 
        exemption is first claimed after a case is reopened, an 
        objection shall be filed before the reopened case is closed.
            (4) A copy of any objection shall be delivered or mailed to 
        the trustee, the debtor and the debtor's attorney, and the 
        person filing the list and that person's attorney.
    (c) Burden of Proof. In any hearing under this rule, the objecting 
party has the burden of proving that the exemptions are not properly 
claimed. After hearing on notice, the court shall determine the issues 
presented by the objections.
    (d) Avoidance by Debtor of Transfers of Exempt Property. A 
proceeding by the debtor to avoid a lien or other transfer of property 
exempt under Sec. 522(f) of the Code shall be by motion in accordance 
with Rule 9014. Notwithstanding the provisions of subdivision (b), a 
creditor may object to a motion filed under Sec. 522(f) by challenging 
the validity of the exemption asserted to be impaired by the lien.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 
1, 1991; Apr. 17, 2000, eff. Dec. 1, 2000; Apr. 23, 2008, eff. Dec. 1, 
2008.)
Rule 4004
_____. Grant or Denial of Discharge____________________________________
    (a) Time for Filing Complaint Objecting to Discharge; Notice of Time 
Fixed. In a chapter 7 liquidation case a complaint objecting to the 
debtor's discharge under Sec. 727(a) of the Code shall be filed no later 
than 60 days after the first date set for the meeting of creditors under 
Sec. 341(a). In a chapter 11 reorganization case, the complaint shall be 
filed no later than the first date set for the hearing on confirmation. 
At least 28 days' notice of the time so fixed shall be given to the 
United States trustee and all creditors as provided in Rule 2002(f) and 
(k) and to the trustee and the trustee's attorney.
    (b) Extension of Time. On motion of any party in interest, after 
hearing on notice, the court may for cause extend the time to file a 
complaint objecting to discharge. The motion shall be filed before the 
time has expired.
    (c) Grant of Discharge.
            (1) In a chapter 7 case, on expiration of the time fixed for 
        filing a complaint objecting to discharge and the time fixed for 
        filing a motion to dismiss the case under Rule 1017(e), the 
        court shall forthwith grant the discharge unless:
                    (A) the debtor is not an individual;
                    (B) a complaint objecting to the discharge has been 
                filed;
                    (C) the debtor has filed a waiver under 
                Sec. 727(a)(10);
                    (D) a motion to dismiss the case under Sec. 707 is 
                pending;
                    (E) a motion to extend the time for filing a 
                complaint objecting to the discharge is pending;
                    (F) a motion to extend the time for filing a motion 
                to dismiss the case under Rule 1017(e)(1) is pending;
                    (G) the debtor has not paid in full the filing fee 
                prescribed by 28 U.S.C. Sec. 1930(a) and any other fee 
                prescribed by the Judicial Conference of the United 
                States under 28 U.S.C. Sec. 1930(b) that is payable to 
                the clerk upon the commencement of a case under the 
                Code, unless the court has waived the fees under 28 
                U.S.C. Sec. 1930(f);
                    (H) the debtor has not filed with the court a 
                statement of completion of a course concerning personal 
                financial management as required by Rule 1007(b)(7);
                    (I) a motion to delay or postpone discharge under 
                Sec. 727(a)(12) is pending;
                    (J) a motion to enlarge the time to file a 
                reaffirmation agreement under Rule 4008(a) is pending;
                    (K) a presumption has arisen under Sec. 524(m) that 
                a reaffirmation agreement is an undue hardship; or
                    (L) a motion is pending to delay discharge, because 
                the debtor has not filed with the court all tax 
                documents required to be filed under Sec. 521(f).
            (2) Notwithstanding Rule 4004(c)(1), on motion of the 
        debtor, the court may defer the entry of an order granting a 
        discharge for 30 days and, on motion within that period, the 
        court may defer entry of the order to a date certain.
            (3) If the debtor is required to file a statement under Rule 
        1007(b)(8), the court shall not grant a discharge earlier than 
        30 days after the statement is filed.
    (d) Applicability of Rules in Part VII. A proceeding commenced by a 
complaint objecting to discharge is governed by Part VII of these rules.
    (e) Order of Discharge. An order of discharge shall conform to the 
appropriate Official Form.
    (f) Registration in Other Districts. An order of discharge that has 
become final may be registered in any other district by filing a 
certified copy of the order in the office of the clerk of that district. 
When so registered the order of discharge shall have the same effect as 
an order of the court of the district where registered.
    (g) Notice of Discharge. The clerk shall promptly mail a copy of the 
final order of discharge to those specified in subdivision (a) of this 
rule.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 
1, 1991; Apr. 23, 1996, eff. Dec. 1, 1996; Apr. 26, 1999, eff. Dec. 1, 
1999; Apr. 17, 2000, eff. Dec. 1, 2000; Apr. 29, 2002, eff. Dec. 1, 
2002; Apr. 23, 2008, eff. Dec. 1, 2008; Mar. 26, 2009, eff. Dec. 1, 
2009.)
Rule 4005
_____. Burden of Proof in Objecting to Discharge_______________________
    At the trial on a complaint objecting to a discharge, the plaintiff 
has the burden of proving the objection.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987.)
Rule 4006
_____. Notice of No Discharge__________________________________________
    If an order is entered: denying a discharge; revoking a discharge; 
approving a waiver of discharge; or, in the case of an individual 
debtor, closing the case without the entry of a discharge, the clerk 
shall promptly notify all parties in interest in the manner provided by 
Rule 2002.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 23, 2008, eff. Dec. 
1, 2008.)
Rule 4007
_____. Determination of Dischargeability of a Debt_____________________
    (a) Persons Entitled To File Complaint. A debtor or any creditor may 
file a complaint to obtain a determination of the dischargeability of 
any debt.
    (b) Time for Commencing Proceeding Other Than Under Sec. 523(c) of 
the Code. A complaint other than under Sec. 523(c) may be filed at any 
time. A case may be reopened without payment of an additional filing fee 
for the purpose of filing a complaint to obtain a determination under 
this rule.
    (c) Time for Filing Complaint Under Sec. 523(c) in a Chapter 7 
Liquidation, Chapter 11 Reorganization, Chapter 12 Family Farmer's Debt 
Adjustment Case, or Chapter 13 Individual's Debt Adjustment Case; Notice 
of Time Fixed. Except as otherwise provided in subdivision (d), a 
complaint to determine the dischargeability of a debt under Sec. 523(c) 
shall be filed no later than 60 days after the first date set for the 
meeting of creditors under Sec. 341(a). The court shall give all 
creditors no less than 30 days' notice of the time so fixed in the 
manner provided in Rule 2002. On motion of a party in interest, after 
hearing on notice, the court may for cause extend the time fixed under 
this subdivision. The motion shall be filed before the time has expired.
    (d) Time for Filing Complaint Under Sec. 523(a)(6) in a Chapter 13 
Individual's Debt Adjustment Case; Notice of Time Fixed. On motion by a 
debtor for a discharge under Sec. 1328(b), the court shall enter an 
order fixing the time to file a complaint to determine the 
dischargeability of any debt under Sec. 523(a)(6) and shall give no less 
than 30 days' notice of the time fixed to all creditors in the manner 
provided in Rule 2002. On motion of any party in interest, after hearing 
on notice, the court may for cause extend the time fixed under this 
subdivision. The motion shall be filed before the time has expired.
    (e) Applicability of Rules in Part VII. A proceeding commenced by a 
complaint filed under this rule is governed by Part VII of these rules.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 
1, 1991; Apr. 26, 1999, eff. Dec. 1, 1999; Apr. 23, 2008, eff. Dec. 1, 
2008.)
Rule 4008
_____. Filing of Reaffirmation Agreement; Statement in Support of 
Reaffirmation Agreement_________________________________________________
    (a) Filing of Reaffirmation Agreement. A reaffirmation agreement 
shall be filed no later than 60 days after the first date set for the 
meeting of creditors under Sec. 341(a) of the Code. The reaffirmation 
agreement shall be accompanied by a cover sheet, prepared as prescribed 
by the appropriate Official Form. The court may, at any time and in its 
discretion, enlarge the time to file a reaffirmation agreement.
    (b) Statement in Support of Reaffirmation Agreement. The debtor's 
statement required under Sec. 524(k)(6)(A) of the Code shall be 
accompanied by a statement of the total income and expenses stated on 
schedules I and J. If there is a difference between the total income and 
expenses stated on those schedules and the statement required under 
Sec. 524(k)(6)(A), the statement required by this subdivision shall 
include an explanation of the difference.
(As amended Apr. 30, 1991, eff. Aug. 1, 1991; Apr. 23, 2008, eff. Dec. 
1, 2008; Mar. 26, 2009, eff. Dec. 1, 2009.)

                        PART V--COURTS AND CLERKS

Rule 5001
_____. Courts and Clerks' Offices______________________________________
    (a) Courts Always Open. The courts shall be deemed always open for 
the purpose of filing any pleading or other proper paper, issuing and 
returning process, and filing, making, or entering motions, orders and 
rules.
    (b) Trials and Hearings; Orders in Chambers. All trials and hearings 
shall be conducted in open court and so far as convenient in a regular 
court room. Except as otherwise provided in 28 U.S.C. Sec. 152(c), all 
other acts or proceedings may be done or conducted by a judge in 
chambers and at any place either within or without the district; but no 
hearing, other than one ex parte, shall be conducted outside the 
district without the consent of all parties affected thereby.
    (c) Clerk's Office. The clerk's office with the clerk or a deputy in 
attendance shall be open during business hours on all days except 
Saturdays, Sundays and the legal holidays listed in Rule 9006(a).
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 
1, 1991; Apr. 23, 2008, eff. Dec. 1, 2008.)
Rule 5002
_____. Restrictions on Approval of Appointments________________________
    (a) Approval of Appointment of Relatives Prohibited. The appointment 
of an individual as a trustee or examiner pursuant to Sec. 1104 of the 
Code shall not be approved by the court if the individual is a relative 
of the bankruptcy judge approving the appointment or the United States 
trustee in the region in which the case is pending. The employment of an 
individual as an attorney, accountant, appraiser, auctioneer, or other 
professional person pursuant to Sec. Sec. 327, 1103, or 1114 shall not 
be approved by the court if the individual is a relative of the 
bankruptcy judge approving the employment. The employment of an 
individual as attorney, accountant, appraiser, auctioneer, or other 
professional person pursuant to Sec. Sec. 327, 1103, or 1114 may be 
approved by the court if the individual is a relative of the United 
States trustee in the region in which the case is pending, unless the 
court finds that the relationship with the United States trustee renders 
the employment improper under the circumstances of the case. Whenever 
under this subdivision an individual may not be approved for appointment 
or employment, the individual's firm, partnership, corporation, or any 
other form of business association or relationship, and all members, 
associates and professional employees thereof also may not be approved 
for appointment or employment.
    (b) Judicial Determination That Approval of Appointment or 
Employment Is Improper. A bankruptcy judge may not approve the 
appointment of a person as a trustee or examiner pursuant to Sec. 1104 
of the Code or approve the employment of a person as an attorney, 
accountant, appraiser, auctioneer, or other professional person pursuant 
to Sec. Sec. 327, 1103, or 1114 of the Code if that person is or has 
been so connected with such judge or the United States trustee as to 
render the appointment or employment improper.
(As amended Apr. 29, 1985, eff. Aug. 1, 1985; Apr. 30, 1991, eff. Aug. 
1, 1991.)
Rule 5003
_____. Records Kept By the Clerk_______________________________________
    (a) Bankruptcy Dockets. The clerk shall keep a docket in each case 
under the Code and shall enter thereon each judgment, order, and 
activity in that case as prescribed by the Director of the 
Administrative Office of the United States Courts. The entry of a 
judgment or order in a docket shall show the date the entry is made.
    (b) Claims Register. The clerk shall keep in a claims register a 
list of claims filed in a case when it appears that there will be a 
distribution to unsecured creditors.
    (c) Judgments and Orders. The clerk shall keep, in the form and 
manner as the Director of the Administrative Office of the United States 
Courts may prescribe, a correct copy of every final judgment or order 
affecting title to or lien on real property or for the recovery of money 
or property, and any other order which the court may direct to be kept. 
On request of the prevailing party, a correct copy of every judgment or 
order affecting title to or lien upon real or personal property or for 
the recovery of money or property shall be kept and indexed with the 
civil judgments of the district court.
    (d) Index of Cases; Certificate of Search. The clerk shall keep 
indices of all cases and adversary proceedings as prescribed by the 
Director of the Administrative Office of the United States Courts. On 
request, the clerk shall make a search of any index and papers in the 
clerk's custody and certify whether a case or proceeding has been filed 
in or transferred to the court or if a discharge has been entered in its 
records.
    (e) Register of Mailing Addresses of Federal and State Governmental 
Units and Certain Taxing Authorities. The United States or the state or 
territory in which the court is located may file a statement designating 
its mailing address. The United States, state, territory, or local 
governmental unit responsible for collecting taxes within the district 
in which the case is pending may also file a statement designating an 
address for service of requests under Sec. 505(b) of the Code, and the 
designation shall describe where further information concerning 
additional requirements for filing such requests may be found. The clerk 
shall keep, in the form and manner as the Director of the Administrative 
Office of the United States Courts may prescribe, a register that 
includes the mailing addresses designated under the first sentence of 
this subdivision, and a separate register of the addresses designated 
for the service of requests under Sec. 505(b) of the Code. The clerk is 
not required to include in any single register more than one mailing 
address for each department, agency, or instrumentality of the United 
States or the state or territory. If more than one address for a 
department, agency, or instrumentality is included in the register, the 
clerk shall also include information that would enable a user of the 
register to determine the circumstances when each address is applicable, 
and mailing notice to only one applicable address is sufficient to 
provide effective notice. The clerk shall update the register annually, 
effective January 2 of each year. The mailing address in the register is 
conclusively presumed to be a proper address for the governmental unit, 
but the failure to use that mailing address does not invalidate any 
notice that is otherwise effective under applicable law.
    (f) Other Books and Records of the Clerk. The clerk shall keep any 
other books and records required by the Director of the Administrative 
Office of the United States Courts.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 17, 2000, eff. Dec. 
1, 2000; Apr. 23, 2008, eff. Dec. 1, 2008.)
Rule 5004
_____. Disqualification________________________________________________
    (a) Disqualification of Judge. A bankruptcy judge shall be governed 
by 28 U.S.C. Sec. 455, and disqualified from presiding over the 
proceeding or contested matter in which the disqualifying circumstances 
\1\ arises or, if appropriate, shall be disqualified from presiding over 
the case.
---------------------------------------------------------------------------
    \1\ So in original. Probably should be ``circumstance''.
---------------------------------------------------------------------------
    (b) Disqualification of Judge from Allowing Compensation. A 
bankruptcy judge shall be disqualified from allowing compensation to a 
person who is a relative of the bankruptcy judge or with whom the judge 
is so connected as to render it improper for the judge to authorize such 
compensation.
(As amended Apr. 29, 1985, eff. Aug. 1, 1985; Mar. 30, 1987, eff. Aug. 
1, 1987.)
Rule 5005
_____. Filing and Transmittal of Papers________________________________
    (a) Filing.
            (1) Place of Filing. The lists, schedules, statements, 
        proofs of claim or interest, complaints, motions, applications, 
        objections and other papers required to be filed by these rules, 
        except as provided in 28 U.S.C. Sec. 1409, shall be filed with 
        the clerk in the district where the case under the Code is 
        pending. The judge of that court may permit the papers to be 
        filed with the judge, in which event the filing date shall be 
        noted thereon, and they shall be forthwith transmitted to the 
        clerk. The clerk shall not refuse to accept for filing any 
        petition or other paper presented for the purpose of filing 
        solely because it is not presented in proper form as required by 
        these rules or any local rules or practices.
            (2) Filing by Electronic Means. A court may by local rule 
        permit or require documents to be filed, signed, or verified by 
        electronic means that are consistent with technical standards, 
        if any, that the Judicial Conference of the United States 
        establishes. A local rule may require filing by electronic means 
        only if reasonable exceptions are allowed. A document filed by 
        electronic means in compliance with a local rule constitutes a 
        written paper for the purpose of applying these rules, the 
        Federal Rules of Civil Procedure made applicable by these rules, 
        and Sec. 107 of the Code.
    (b) Transmittal to the United States Trustee.
            (1) The complaints, motions, applications, objections and 
        other papers required to be transmitted to the United States 
        trustee by these rules shall be mailed or delivered to an office 
        of the United States trustee, or to another place designated by 
        the United States trustee, in the district where the case under 
        the Code is pending.
            (2) The entity, other than the clerk, transmitting a paper 
        to the United States trustee shall promptly file as proof of 
        such transmittal a verified statement identifying the paper and 
        stating the date on which it was transmitted to the United 
        States trustee.
            (3) Nothing in these rules shall require the clerk to 
        transmit any paper to the United States trustee if the United 
        States trustee requests in writing that the paper not be 
        transmitted.
    (c) Error in Filing or Transmittal. A paper intended to be filed 
with the clerk but erroneously delivered to the United States trustee, 
the trustee, the attorney for the trustee, a bankruptcy judge, a 
district judge, the clerk of the bankruptcy appellate panel, or the 
clerk of the district court shall, after the date of its receipt has 
been noted thereon, be transmitted forthwith to the clerk of the 
bankruptcy court. A paper intended to be transmitted to the United 
States trustee but erroneously delivered to the clerk, the trustee, the 
attorney for the trustee, a bankruptcy judge, a district judge, the 
clerk of the bankruptcy appellate panel, or the clerk of the district 
court shall, after the date of its receipt has been noted thereon, be 
transmitted forthwith to the United States trustee. In the interest of 
justice, the court may order that a paper erroneously delivered shall be 
deemed filed with the clerk or transmitted to the United States trustee 
as of the date of its original delivery.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 
1, 1991; Apr. 22, 1993, eff. Aug. 1, 1993; Apr. 23, 1996, eff. Dec. 1, 
1996; Apr. 12, 2006, eff. Dec. 1, 2006.)
Rule 5006
_____. Certification of Copies of Papers_______________________________
    The clerk shall issue a certified copy of the record of any 
proceeding in a case under the Code or of any paper filed with the clerk 
on payment of any prescribed fee.
(As amended Apr. 30, 1991, eff. Aug. 1, 1991.)
Rule 5007
_____. Record of Proceedings and Transcripts___________________________
     (a) Filing of Record or Transcript. The reporter or operator of a 
recording device shall certify the original notes of testimony, tape 
recording, or other original record of the proceeding and promptly file 
them with the clerk. The person preparing any transcript shall promptly 
file a certified copy.
    (b) Transcript Fees. The fees for copies of transcripts shall be 
charged at rates prescribed by the Judicial Conference of the United 
States. No fee may be charged for the certified copy filed with the 
clerk.
    (c) Admissibility of Record in Evidence. A certified sound recording 
or a transcript of a proceeding shall be admissible as prima facie 
evidence to establish the record.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 
1, 1991.)
Rule 5008
_____. Notice Regarding Presumption of Abuse in Chapter 7 Cases of 
Individual Debtors______________________________________________________
    If a presumption of abuse has arisen under Sec. 707(b) in a chapter 
7 case of an individual with primarily consumer debts, the clerk shall 
within 10 days after the date of the filing of the petition notify 
creditors of the presumption of abuse in accordance with Rule 2002. If 
the debtor has not filed a statement indicating whether a presumption of 
abuse has arisen, the clerk shall within 10 days after the date of the 
filing of the petition notify creditors that the debtor has not filed 
the statement and that further notice will be given if a later filed 
statement indicates that a presumption of abuse has arisen. If a debtor 
later files a statement indicating that a presumption of abuse has 
arisen, the clerk shall notify creditors of the presumption of abuse as 
promptly as practicable.
(Added Apr. 23, 2008, eff. Dec. 1, 2008.)
Rule 5009
_____. Closing Chapter 7 Liquidation, Chapter 12 Family Farmer's Debt 
Adjustment, and Chapter 13 Individual's Debt Adjustment Cases___________
    If in a chapter 7, chapter 12, or chapter 13 case the trustee has 
filed a final report and final account and has certified that the estate 
has been fully administered, and if within 30 days no objection has been 
filed by the United States trustee or a party in interest, there shall 
be a presumption that the estate has been fully administered.
(As amended Apr. 30, 1991, eff. Aug. 1, 1991.)
Rule 5010
_____. Reopening Cases_________________________________________________
    A case may be reopened on motion of the debtor or other party in 
interest pursuant to Sec. 350(b) of the Code. In a chapter 7, 12, or 13 
case a trustee shall not be appointed by the United States trustee 
unless the court determines that a trustee is necessary to protect the 
interests of creditors and the debtor or to insure efficient 
administration of the case.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 
1, 1991.)
Rule 5011
_____. Withdrawal and Abstention from Hearing a Proceeding_____________
    (a) Withdrawal. A motion for withdrawal of a case or proceeding 
shall be heard by a district judge.
    (b) Abstention From Hearing a Proceeding. A motion for abstention 
pursuant to 28 U.S.C. Sec. 1334(c) shall be governed by Rule 9014 and 
shall be served on the parties to the proceeding.
    (c) Effect of Filing of Motion for Withdrawal or Abstention. The 
filing of a motion for withdrawal of a case or proceeding or for 
abstention pursuant to 28 U.S.C. Sec. 1334(c) shall not stay the 
administration of the case or any proceeding therein before the 
bankruptcy judge except that the bankruptcy judge may stay, on such 
terms and conditions as are proper, proceedings pending disposition of 
the motion. A motion for a stay ordinarily shall be presented first to 
the bankruptcy judge. A motion for a stay or relief from a stay filed in 
the district court shall state why it has not been presented to or 
obtained from the bankruptcy judge. Relief granted by the district judge 
shall be on such terms and conditions as the judge deems proper.
(Added Mar. 30, 1987, eff. Aug. 1, 1987; amended Apr. 30, 1991, eff. 
Aug. 1, 1991.)

            PART VI--COLLECTION AND LIQUIDATION OF THE ESTATE

Rule 6001
_____. Burden of Proof As to Validity of Postpetition Transfer_________
    Any entity asserting the validity of a transfer under Sec. 549 of 
the Code shall have the burden of proof.
Rule 6002
_____. Accounting by Prior Custodian of Property of the Estate_________
    (a) Accounting Required. Any custodian required by the Code to 
deliver property in the custodian's possession or control to the trustee 
shall promptly file and transmit to the United States trustee a report 
and account with respect to the property of the estate and the 
administration thereof.
    (b) Examination of Administration. On the filing and transmittal of 
the report and account required by subdivision (a) of this rule and 
after an examination has been made into the superseded administration, 
after notice and a hearing, the court shall determine the propriety of 
the administration, including the reasonableness of all disbursements.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 
1, 1991; Apr. 22, 1993, eff. Aug. 1, 1993.)
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_______________________________________________________________
    Except to the extent that relief is necessary to avoid immediate and 
irreparable harm, the court shall not, within 21 days after the filing 
of the petition, grant relief regarding the following:
            (a) an application under Rule 2014;
            (b) a motion to use, sell, lease, or otherwise incur an 
        obligation regarding property of the estate, including a motion 
        to pay all or part of a claim that arose before the filing of 
        the petition, but not a motion under Rule 4001; and
            (c) a motion to assume or assign an executory contract or 
        unexpired lease in accordance with Sec. 365.
(Added Apr. 30, 2007, eff. Dec. 1, 2007; amended Mar. 26, 2009, eff. 
Dec. 1, 2009.)
Rule 6004
_____. Use, Sale, or Lease of Property_________________________________
    (a) Notice of Proposed Use, Sale, or Lease of Property. Notice of a 
proposed use, sale, or lease of property, other than cash collateral, 
not in the ordinary course of business shall be given pursuant to Rule 
2002(a)(2), (c)(1), (i), and (k) and, if applicable, in accordance with 
Sec. 363(b)(2) of the Code.
    (b) Objection to Proposal. Except as provided in subdivisions (c) 
and (d) of this rule, an objection to a proposed use, sale, or lease of 
property shall be filed and served not less than seven days before the 
date set for the proposed action or within the time fixed by the court. 
An objection to the proposed use, sale, or lease of property is governed 
by Rule 9014.
    (c) Sale Free and Clear of Liens and Other Interests. A motion for 
authority to sell property free and clear of liens or other interests 
shall be made in accordance with Rule 9014 and shall be served on the 
parties who have liens or other interests in the property to be sold. 
The notice required by subdivision (a) of this rule shall include the 
date of the hearing on the motion and the time within which objections 
may be filed and served on the debtor in possession or trustee.
    (d) Sale of Property Under $2,500. Notwithstanding subdivision (a) 
of this rule, when all of the nonexempt property of the estate has an 
aggregate gross value less than $2,500, it shall be sufficient to give a 
general notice of intent to sell such property other than in the 
ordinary course of business to all creditors, indenture trustees, 
committees appointed or elected pursuant to the Code, the United States 
trustee and other persons as the court may direct. An objection to any 
such sale may be filed and served by a party in interest within 14 days 
of the mailing of the notice, or within the time fixed by the court. An 
objection is governed by Rule 9014.
    (e) Hearing. If a timely objection is made pursuant to subdivision 
(b) or (d) of this rule, the date of the hearing thereon may be set in 
the notice given pursuant to subdivision (a) of this rule.
    (f) Conduct of Sale Not in the Ordinary Course of Business.
            (1) Public or Private Sale. All sales not in the ordinary 
        course of business may be by private sale or by public auction. 
        Unless it is impracticable, an itemized statement of the 
        property sold, the name of each purchaser, and the price 
        received for each item or lot or for the property as a whole if 
        sold in bulk shall be filed on completion of a sale. If the 
        property is sold by an auctioneer, the auctioneer shall file the 
        statement, transmit a copy thereof to the United States trustee, 
        and furnish a copy to the trustee, debtor in possession, or 
        chapter 13 debtor. If the property is not sold by an auctioneer, 
        the trustee, debtor in possession, or chapter 13 debtor shall 
        file the statement and transmit a copy thereof to the United 
        States trustee.
            (2) Execution of Instruments. After a sale in accordance 
        with this rule the debtor, the trustee, or debtor in possession, 
        as the case may be, shall execute any instrument necessary or 
        ordered by the court to effectuate the transfer to the 
        purchaser.
    (g) Sale of Personally Identifiable Information.
            (1) Motion. A motion for authority to sell or lease 
        personally identifiable information under Sec. 363(b)(1)(B) 
        shall include a request for an order directing the United States 
        trustee to appoint a consumer privacy ombudsman under Sec. 332. 
        Rule 9014 governs the motion which shall be served on: any 
        committee elected under Sec. 705 or appointed under Sec. 1102 of 
        the Code, or if the case is a chapter 11 reorganization case and 
        no committee of unsecured creditors has been appointed under 
        Sec. 1102, on the creditors included on the list of creditors 
        filed under Rule 1007(d); and on such other entities as the 
        court may direct. The motion shall be transmitted to the United 
        States trustee.
            (2) Appointment. If a consumer privacy ombudsman is 
        appointed under Sec. 332, no later than seven days before the 
        hearing on the motion under Sec. 363(b)(1)(B), the United States 
        trustee shall file a notice of the appointment, including the 
        name and address of the person appointed. The United States 
        trustee's notice shall be accompanied by a verified statement of 
        the person appointed setting forth the person's connections with 
        the debtor, creditors, any other party in interest, their 
        respective attorneys and accountants, the United States trustee, 
        or any person employed in the office of the United States 
        trustee.
    (h) Stay of Order Authorizing Use, Sale, or Lease of Property. An 
order authorizing the use, sale, or lease of property other than cash 
collateral is stayed until the expiration of 14 days after entry of the 
order, unless the court orders otherwise.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 
1, 1991; Apr. 26, 1999, eff. Dec. 1, 1999; Apr. 23, 2008, eff. Dec. 1, 
2008; Mar. 26, 2009, eff. Dec. 1, 2009.)
Rule 6005
_____. Appraisers and Auctioneers______________________________________
    The order of the court approving the employment of an appraiser or 
auctioneer shall fix the amount or rate of compensation. No officer or 
employee of the Judicial Branch of the United States or the United 
States Department of Justice shall be eligible to act as appraiser or 
auctioneer. No residence or licensing requirement shall disqualify an 
appraiser or auctioneer from employment.
(As amended Apr. 30, 1991, eff. Aug. 1, 1991.)
Rule 6006
_____. Assumption, Rejection or Assignment of an Executory Contract or 
Unexpired Lease_________________________________________________________
    (a) Proceeding To Assume, Reject, or Assign. A proceeding to assume, 
reject, or assign an executory contract or unexpired lease, other than 
as part of a plan, is governed by Rule 9014.
    (b) Proceeding To Require Trustee To Act. A proceeding by a party to 
an executory contract or unexpired lease in a chapter 9 municipality 
case, chapter 11 reorganization case, chapter 12 family farmer's debt 
adjustment case, or chapter 13 individual's debt adjustment case, to 
require the trustee, debtor in possession, or debtor to determine 
whether to assume or reject the contract or lease is governed by Rule 
9014.
    (c) Notice. Notice of a motion made pursuant to subdivision (a) or 
(b) of this rule shall be given to the other party to the contract or 
lease, to other parties in interest as the court may direct, and, except 
in a chapter 9 municipality case, to the United States trustee.
    (d) Stay of Order Authorizing Assignment. An order authorizing the 
trustee to assign an executory contract or unexpired lease under 
Sec. 365(f) is stayed until the expiration of 14 days after the entry of 
the order, unless the court orders otherwise.
    (e) Limitations. The trustee shall not seek authority to assume or 
assign multiple executory contracts or unexpired leases in one motion 
unless: (1) all executory contracts or unexpired leases to be assumed or 
assigned are between the same parties or are to be assigned to the same 
assignee; (2) the trustee seeks to assume, but not assign to more than 
one assignee, unexpired leases of real property; or (3) the court 
otherwise authorizes the motion to be filed. Subject to subdivision (f), 
the trustee may join requests for authority to reject multiple executory 
contracts or unexpired leases in one motion.
    (f) Omnibus Motions. A motion to reject or, if permitted under 
subdivision (e), a motion to assume or assign multiple executory 
contracts or unexpired leases that are not between the same parties 
shall:
            (1) state in a conspicuous place that parties receiving the 
        omnibus motion should locate their names and their contracts or 
        leases listed in the motion;
            (2) list parties alphabetically and identify the 
        corresponding contract or lease;
            (3) specify the terms, including the curing of defaults, for 
        each requested assumption or assignment;
            (4) specify the terms, including the identity of each 
        assignee and the adequate assurance of future performance by 
        each assignee, for each requested assignment;
            (5) be numbered consecutively with other omnibus motions to 
        assume, assign, or reject executory contracts or unexpired 
        leases; and
            (6) be limited to no more than 100 executory contracts or 
        unexpired leases.
    (g) Finality of Determination. The finality of any order respecting 
an executory contract or unexpired lease included in an omnibus motion 
shall be determined as though such contract or lease had been the 
subject of a separate motion.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 
1, 1991; Apr. 22, 1993, eff. Aug. 1, 1993; Apr. 26, 1999, eff. Dec. 1, 
1999; Apr. 30 2007, eff. Dec. 1, 2007; Mar. 26, 2009, eff. Dec. 1, 
2009.)
Rule 6007
_____. Abandonment or Disposition of Property__________________________
    (a) Notice of Proposed Abandonment or Disposition; Objections; 
Hearing. Unless otherwise directed by the court, the trustee or debtor 
in possession shall give notice of a proposed abandonment or disposition 
of property to the United States trustee, all creditors, indenture 
trustees, and committees elected pursuant to Sec. 705 or appointed 
pursuant to Sec. 1102 of the Code. A party in interest may file and 
serve an objection within 14 days of the mailing of the notice, or 
within the time fixed by the court. If a timely objection is made, the 
court shall set a hearing on notice to the United States trustee and to 
other entities as the court may direct.
    (b) Motion by Party in Interest. A party in interest may file and 
serve a motion requiring the trustee or debtor in possession to abandon 
property of the estate.
    [(c) Hearing] (Abrogated Apr. 22, 1993, eff. Aug. 1, 1993)
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 
1, 1991; Apr. 22, 1993, eff. Aug. 1, 1993; Mar. 26, 2009, eff. Dec. 1, 
2009.)
Rule 6008
_____. Redemption of Property from Lien or Sale________________________
    On motion by the debtor, trustee, or debtor in possession and after 
hearing on notice as the court may direct, the court may authorize the 
redemption of property from a lien or from a sale to enforce a lien in 
accordance with applicable law.
Rule 6009
_____. Prosecution and Defense of Proceedings by Trustee or Debtor in 
Possession______________________________________________________________
    With or without court approval, the trustee or debtor in possession 
may prosecute or may enter an appearance and defend any pending action 
or proceeding by or against the debtor, or commence and prosecute any 
action or proceeding in behalf of the estate before any tribunal.
Rule 6010
_____. Proceeding to Avoid Indemnifying Lien or Transfer to Surety_____
    If a lien voidable under Sec. 547 of the Code has been dissolved by 
the furnishing of a bond or other obligation and the surety thereon has 
been indemnified by the transfer of, or the creation of a lien upon, 
nonexempt property of the debtor, the surety shall be joined as a 
defendant in any proceeding to avoid the indemnifying transfer or lien. 
Such proceeding is governed by the rules in Part VII.
(As amended Apr. 30, 1991, eff. Aug. 1, 1991.)
Rule 6011
_____. Disposal of Patient Records in Health Care Business Case________
    (a) Notice by Publication Under Sec. 351(1)(A). A notice regarding 
the claiming or disposing of patient records under Sec. 351(1)(A) shall 
not identify any patient by name or other identifying information, but 
shall:
            (1) identify with particularity the health care facility 
        whose patient records the trustee proposes to destroy;
            (2) state the name, address, telephone number, email 
        address, and website, if any, of a person from whom information 
        about the patient records may be obtained;
            (3) state how to claim the patient records; and
            (4) state the date by which patient records must be claimed, 
        and that if they are not so claimed the records will be 
        destroyed.
    (b) Notice by Mail Under Sec. 351(1)(B). Subject to applicable 
nonbankruptcy law relating to patient privacy, a notice regarding the 
claiming or disposing of patient records under Sec. 351(1)(B) shall, in 
addition to including the information in subdivision (a), direct that a 
patient's family member or other representative who receives the notice 
inform the patient of the notice. Any notice under this subdivision 
shall be mailed to the patient and any family member or other contact 
person whose name and address have been given to the trustee or the 
debtor for the purpose of providing information regarding the patient's 
health care, to the Attorney General of the State where the health care 
facility is located, and to any insurance company known to have provided 
health care insurance to the patient.
    (c) Proof of Compliance With Notice Requirement. Unless the court 
orders the trustee to file proof of compliance with Sec. 351(1)(B) under 
seal, the trustee shall not file, but shall maintain, the proof of 
compliance for a reasonable time.
    (d) Report of Destruction of Records. The trustee shall file, no 
later than 30 days after the destruction of patient records under 
Sec. 351(3), a report certifying that the unclaimed records have been 
destroyed and explaining the method used to effect the destruction. The 
report shall not identify any patient by name or other identifying 
information.
(Added Apr. 23, 2008, eff. Dec. 1, 2008.)

                     PART VII--ADVERSARY PROCEEDINGS

Rule 7001
_____. Scope of Rules of Part VII______________________________________
    An adversary proceeding is governed by the rules of this Part VII. 
The following are adversary proceedings:
            (1) a proceeding to recover money or property, other than a 
        proceeding to compel the debtor to deliver property to the 
        trustee, or a proceeding under Sec. 554(b) or Sec. 725 of the 
        Code, Rule 2017, or Rule 6002;
            (2) a proceeding to determine the validity, priority, or 
        extent of a lien or other interest in property, other than a 
        proceeding under Rule 4003(d);
            (3) a proceeding to obtain approval under Sec. 363(h) for 
        the sale of both the interest of the estate and of a co-owner in 
        property;
            (4) a proceeding to object to or revoke a discharge;
            (5) a proceeding to revoke an order of confirmation of a 
        chapter 11, chapter 12, or chapter 13 plan;
            (6) a proceeding to determine the dischargeability of a 
        debt;
            (7) a proceeding to obtain an injunction or other equitable 
        relief, except when a chapter 9, chapter 11, chapter 12, or 
        chapter 13 plan provides for the relief;
            (8) a proceeding to subordinate any allowed claim or 
        interest, except when a chapter 9, chapter 11, chapter 12, or 
        chapter 13 plan provides for subordination;
            (9) a proceeding to obtain a declaratory judgment relating 
        to any of the foregoing; or
            (10) a proceeding to determine a claim or cause of action 
        removed under 28 U.S.C. Sec. 1452.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 
1, 1991; Apr. 26, 1999, eff. Dec. 1, 1999.)
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 to such other 
        address as the debtor may designate in a filed writing.
            (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 Within the United States. 
Service made under Rule 4(e), (g), (h)(1), (i), or (j)(2) F.R.Civ.P. 
shall be by delivery of the summons and complaint within 14 days after 
the summons is issued. If service is by any authorized form of mail, the 
summons and complaint shall be deposited in the mail within 14 days 
after the summons is issued. If a summons is not timely delivered or 
mailed, another summons shall be issued and served. This subdivision 
does not apply to service in a foreign country.
    (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) Service on Debtor's Attorney. If the debtor is represented by an 
attorney, whenever service is made upon the debtor under this Rule, 
service shall also be made upon the debtor's attorney by any means 
authorized under Rule 5(b) F.R.Civ.P.
    (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.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 
1, 1991; Pub. L. 103-394, title I, Sec. 114, Oct. 22, 1994, 108 Stat. 
4118; Apr. 23, 1996, eff. Dec. 1, 1996; Apr. 26, 1999, eff. Dec. 1, 
1999; Apr. 25, 2005, eff. Dec. 1, 2005; Apr. 12, 2006, eff. Dec. 1, 
2006; Mar. 26, 2009, eff. Dec. 1, 2009.)
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 appearance, pleading, motion, response, or 
other request addressed to the court. A party shall file a supplemental 
statement promptly upon any change in circumstances that this rule 
requires the party to identify or disclose.
(Added Mar. 27, 2003, eff. Dec. 1, 2003; amended Apr. 30, 2007, eff. 
Dec. 1, 2007.)
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.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987.)
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.
(As amended Apr. 30, 1991, eff. Aug. 1, 1991.)
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 21 days after service. The plaintiff shall serve a reply 
to a counterclaim in the answer within 21 days after service of the 
answer or, if a reply is ordered by the court, within 21 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 14 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 14 days after 
the service of a more definite statement.
    (b) Applicability of Rule 12(b)-(i) F.R.Civ.P. Rule 12(b)-(i) 
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.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 23, 2008, eff. Dec. 
1, 2008; Mar. 26, 2009, eff. Dec. 1, 2009.)
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.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987.)
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).
(As amended Apr. 30, 1991, eff. Aug. 1, 1991.)
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 proceedings 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. 
Sec. 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.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987.)
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(a) F.R.Civ.P. applies in adversary proceedings. This rule 
supplements--and does not limit--the joinder of parties allowed by Rule 
7020.
(As amended Apr. 23, 2008, eff. Dec. 1, 2008.)
Rule 7023
_____. Class Proceedings_______________________________________________
    Rule 23 F.R.Civ.P. applies in adversary proceedings.
Rule 7023.1
_____. Derivative Actions______________________________________________
    Rule 23.1 F.R.Civ.P. applies in adversary proceedings.
(As amended Apr. 23, 2008, eff. Dec. 1, 2008.)
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.
(As amended Apr. 30, 1991, eff. Aug. 1, 1991.)
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 52 F.R.Civ.P. applies in adversary proceedings, except that any 
motion under subdivision (b) of that rule for amended or additional 
findings shall be filed no later than 14 days after entry of judgment. 
In these proceedings, the reference in Rule 52 F.R.Civ.P. to the entry 
of judgment under Rule 58 F.R.Civ.P. shall be read as a reference to the 
entry of a judgment or order under Rule 5003(a).
(As amended Mar. 26, 2009, eff. Dec. 1, 2009.)
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 7058
_____. Entering Judgment in Adversary Proceeding_______________________
    Rule 58 F.R.Civ.P. applies in adversary proceedings. In these 
proceedings, the reference in Rule 58 F.R.Civ.P. to the civil docket 
shall be read as a reference to the docket maintained by the clerk under 
Rule 5003(a).
(Added Mar. 26, 2009, eff. Dec. 1, 2009.)
Rule 7062
_____. Stay of Proceedings to Enforce a Judgment_______________________
    Rule 62 F.R.Civ.P. applies in adversary proceedings.
(As amended Apr. 30, 1991, eff. Aug. 1, 1991; Apr. 26, 1999, eff. Dec. 
1, 1999.)
Rule 7064
_____. Seizure of Person or Property___________________________________
    Rule 62 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.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987.)
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. 
Sec. 1412, except as provided in Rule 7019(2).
(As amended Mar. 30, 1987, eff. Aug. 1, 1987.)

   PART VIII--APPEALS TO DISTRICT COURT OR BANKRUPTCY APPELLATE PANEL

Rule 8001
_____. Manner of Taking Appeal; Voluntary Dismissal; Certification to 
Court of Appeals________________________________________________________
    (a) Appeal as of Right; How Taken. An appeal from a judgment, order, 
or decree of a bankruptcy judge to a district court or bankruptcy 
appellate panel as permitted by 28 U.S.C. Sec. 158(a)(1) or (a)(2) shall 
be taken by filing a notice of appeal with the clerk within the time 
allowed by Rule 8002. An appellant's failure to take any step other than 
timely filing a notice of appeal does not affect the validity of the 
appeal, but is ground only for such action as the district court or 
bankruptcy appellate panel deems appropriate, which may include 
dismissal of the appeal. The notice of appeal shall (1) conform 
substantially to the appropriate Official Form, (2) contain the names of 
all parties to the judgment, order, or decree appealed from and the 
names, addresses, and telephone numbers of their respective attorneys, 
and (3) be accompanied by the prescribed fee. Each appellant shall file 
a sufficient number of copies of the notice of appeal to enable the 
clerk to comply promptly with Rule 8004.
    (b) Appeal by Leave; How Taken. An appeal from an interlocutory 
judgment, order, or decree of a bankruptcy judge as permitted by 28 
U.S.C. Sec. 158(a)(3) shall be taken by filing a notice of appeal, as 
prescribed in subdivision (a) of this rule, accompanied by a motion for 
leave to appeal prepared in accordance with Rule 8003 and with proof of 
service in accordance with Rule 8008.
    (c) Voluntary Dismissal.
            (1) Before Docketing. If an appeal has not been docketed, 
        the appeal may be dismissed by the bankruptcy judge on the 
        filing of a stipulation for dismissal signed by all the parties, 
        or on motion and notice by the appellant.
            (2) After Docketing. If an appeal has been docketed and the 
        parties to the appeal sign and file with the clerk of the 
        district court or the clerk of the bankruptcy appellate panel an 
        agreement that the appeal be dismissed and pay any court costs 
        or fees that may be due, the clerk of the district court or the 
        clerk of the bankruptcy appellate panel shall enter an order 
        dismissing the appeal. An appeal may also be dismissed on motion 
        of the appellant on terms and conditions fixed by the district 
        court or bankruptcy appellate panel.
    [(d) Effect of Taking a Direct Appeal to the Court of Appeals] 
(Abrogated Mar. 30, 1987, eff. Aug. 1, 1987)
    (e) Election To Have Appeal Heard by District Court Instead of 
Bankruptcy Appellate Panel; Withdrawal of Election.
            (1) Separate Writing for Election. An election to have an 
        appeal heard by the district court under 28 U.S.C. 
        Sec. 158(c)(1) may be made only by a statement of election 
        contained in a separate writing filed within the time prescribed 
        by 28 U.S.C. Sec. 158(c)(1).
            (2) Withdrawal of Election. A request to withdraw the 
        election may be filed only by written stipulation of all the 
        parties to the appeal or their attorneys of record. Upon such a 
        stipulation, the district court may either transfer the appeal 
        to the bankruptcy appellate panel or retain the appeal in the 
        district court.
    (f) Certification for Direct Appeal to Court of Appeals.
            (1) Timely Appeal Required. A certification of a judgment, 
        order, or decree of a bankruptcy court to a court of appeals 
        under 28 U.S.C. Sec. 158(d)(2) shall not be effective until a 
        timely appeal has been taken in the manner required by 
        subdivisions (a) or (b) of this rule and the notice of appeal 
        has become effective under Rule 8002.
            (2) Court Where Certification Made and Filed. A 
        certification that a circumstance specified in 28 U.S.C. 
        Sec. 158(d)(2)(A)(i)-(iii) exists shall be filed in the court in 
        which a matter is pending for purposes of 28 U.S.C. 
        Sec. 158(d)(2) and this rule. A matter is pending in a 
        bankruptcy court until the docketing, in accordance with Rule 
        8007(b), of an appeal taken under 28 U.S.C. Sec. 158(a)(1) or 
        (2), or the grant of leave to appeal under 28 U.S.C. 
        Sec. 158(a)(3). A matter is pending in a district court or 
        bankruptcy appellate panel after the docketing, in accordance 
        with Rule 8007(b), of an appeal taken under 28 U.S.C. 
        Sec. 158(a)(1) or (2), or the grant of leave to appeal under 28 
        U.S.C. Sec. 158(a)(3).
                    (A) Certification by Court on Request or Court's Own 
                Initiative.
                            (i) Before Docketing or Grant of Leave to 
                        Appeal. Only a bankruptcy court may make a 
                        certification on request or on its own 
                        initiative while the matter is pending in the 
                        bankruptcy court.
                            (ii) After Docketing or Grant of Leave to 
                        Appeal. Only the district court or bankruptcy 
                        appellate panel involved may make a 
                        certification on request of the parties or on 
                        its own initiative while the matter is pending 
                        in the district court or bankruptcy appellate 
                        panel.
                    (B) Certification by All Appellants and Appellees 
                Acting Jointly. A certification by all the appellants 
                and appellees, if any, acting jointly may be made by 
                filing the appropriate Official Form with the clerk of 
                the court in which the matter is pending. The 
                certification may be accompanied by a short statement of 
                the basis for the certification, which may include the 
                information listed in subdivision (f)(3)(C) of this 
                rule.
            (3) Request for Certification; Filing; Service; Contents.
                    (A) A request for certification shall be filed, 
                within the time specified by 28 U.S.C. Sec. 158(d)(2), 
                with the clerk of the court in which the matter is 
                pending.
                    (B) Notice of the filing of a request for 
                certification shall be served in the manner required for 
                service of a notice of appeal under Rule 8004.
                    (C) A request for certification shall include the 
                following:
                            (i) the facts necessary to understand the 
                        question presented;
                            (ii) the question itself;
                            (iii) the relief sought;
                            (iv) the reasons why the appeal should be 
                        allowed and is authorized by statute or rule, 
                        including why a circumstance specified in 28 
                        U.S.C. Sec. 158(d)(2)(A)(i)-(iii) exists; and
                            (v) an attached copy of the judgment, order, 
                        or decree complained of and any related opinion 
                        or memorandum.
                    (D) A party may file a response to a request for 
                certification or a cross request within 14 days after 
                the notice of the request is served, or another time 
                fixed by the court.
                    (E) Rule 9014 does not govern a request, cross 
                request, or any response. The matter shall be submitted 
                without oral argument unless the court otherwise 
                directs.
                    (F) A certification of an appeal under 28 U.S.C. 
                Sec. 158(d)(2) shall be made in a separate document 
                served on the parties.
            (4) Certification on Court's Own Initiative.
                    (A) A certification of an appeal on the court's own 
                initiative under 28 U.S.C. Sec. 158(d)(2) shall be made 
                in a separate document served on the parties in the 
                manner required for service of a notice of appeal under 
                Rule 8004. The certification shall be accompanied by an 
                opinion or memorandum that contains the information 
                required by subdivision (f)(3)(C)(i)-(iv) of this rule.
                    (B) A party may file a supplementary short statement 
                of the basis for certification within 14 days after the 
                certification.
            (5) Duties of Parties After Certification. A petition for 
        permission to appeal in accordance with F.R.App.P. 5 shall be 
        filed no later than 30 days after a certification has become 
        effective as provided in subdivision (f)(1).
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 
1, 1991; Apr. 11, 1997, eff. Dec. 1, 1997; Apr. 23, 2008, eff. Dec. 1, 
2008; Mar. 26, 2009, eff. Dec. 1, 2009.)
Rule 8002
_____. Time for Filing Notice of Appeal________________________________
    (a) Fourteen-Day Period. The notice of appeal shall be filed with 
the clerk within 14 days of the date of the entry of the judgment, 
order, or decree appealed from. If a timely notice of appeal is filed by 
a party, any other party may file a notice of appeal within 14 days of 
the date on which the first notice of appeal was filed, or within the 
time otherwise prescribed by this rule, whichever period last expires. A 
notice of appeal filed after the announcement of a decision or order but 
before entry of the judgment, order, or decree shall be treated as filed 
after such entry and on the day thereof. If a notice of appeal is 
mistakenly filed with the district court or the bankruptcy appellate 
panel, the clerk of the district court or the clerk of the bankruptcy 
appellate panel shall note thereon the date on which it was received and 
transmit it to the clerk and it shall be deemed filed with the clerk on 
the date so noted.
    (b) Effect of Motion on Time for Appeal. If any party makes a timely 
motion of a type specified immediately below, the time for appeal for 
all parties runs from the entry of the order disposing of the last such 
motion outstanding. This provision applies to a timely motion:
            (1) to amend or make additional findings of fact under Rule 
        7052, whether or not granting the motion would alter the 
        judgment;
            (2) to alter or amend the judgment under Rule 9023;
            (3) for a new trial under Rule 9023; or
            (4) for relief under Rule 9024 if the motion is filed no 
        later than 14 days after the entry of judgment. A notice of 
        appeal filed after announcement or entry of the judgment, order, 
        or decree but before disposition of any of the above motions is 
        ineffective to appeal from the judgment, order, or decree, or 
        part thereof, specified in the notice of appeal, until the entry 
        of the order disposing of the last such motion outstanding. 
        Appellate review of an order disposing of any of the above 
        motions requires the party, in compliance with Rule 8001, to 
        amend a previously filed notice of appeal. A party intending to 
        challenge an alteration or amendment of the judgment, order, or 
        decree shall file a notice, or an amended notice, of appeal 
        within the time prescribed by this Rule 8002 measured from the 
        entry of the order disposing of the last such motion 
        outstanding. No additional fees will be required for filing an 
        amended notice.
    (c) Extension of Time for Appeal.
            (1) The bankruptcy judge may extend the time for filing the 
        notice of appeal by any party, unless the judgment, order, or 
        decree appealed from:
                    (A) grants relief from an automatic stay under 
                Sec. 362, Sec. 922, Sec. 1201, or Sec. 1301;
                    (B) authorizes the sale or lease of property or the 
                use of cash collateral under Sec. 363;
                    (C) authorizes the obtaining of credit under 
                Sec. 364;
                    (D) authorizes the assumption or assignment of an 
                executory contract or unexpired lease under Sec. 365;
                    (E) approves a disclosure statement under Sec. 1125; 
                or
                    (F) confirms a plan under Sec. 943, Sec. 1129, 
                Sec. 1225, or Sec. 1325 of the Code.
            (2) A request to extend the time for filing a notice of 
        appeal must be made by written motion filed before the time for 
        filing a notice of appeal has expired, except that such a motion 
        filed not later than 21 days after the expiration of the time 
        for filing a notice of appeal may be granted upon a showing of 
        excusable neglect. An extension of time for filing a notice of 
        appeal may not exceed 21 days from the expiration of the time 
        for filing a notice of appeal otherwise prescribed by this rule 
        or 14 days from the date of entry of the order granting the 
        motion, whichever is later.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 
1, 1991; Apr. 29, 1994, eff. Aug. 1, 1994; Apr. 11, 1997, eff. Dec. 1, 
1997; Mar. 26, 2009, eff. Dec. 1, 2009.)
Rule 8003
_____. Leave to Appeal_________________________________________________
    (a) Content of Motion; Answer. A motion for leave to appeal under 28 
U.S.C. Sec. 158(a) shall contain: (1) a statement of the facts necessary 
to an understanding of the questions to be presented by the appeal; (2) 
a statement of those questions and of the relief sought; (3) a statement 
of the reasons why an appeal should be granted; and (4) a copy of the 
judgment, order, or decree complained of and of any opinion or 
memorandum relating thereto. Within 14 days after service of the motion, 
an adverse party may file with the clerk an answer in opposition.
    (b) Transmittal; Determination of Motion. The clerk shall transmit 
the notice of appeal, the motion for leave to appeal and any answer 
thereto to the clerk of the district court or the clerk of the 
bankruptcy appellate panel as soon as all parties have filed answers or 
the time for filing an answer has expired. The motion and answer shall 
be submitted without oral argument unless otherwise ordered.
    (c) Appeal Improperly Taken Regarded as a Motion for Leave to 
Appeal. If a required motion for leave to appeal is not filed, but a 
notice of appeal is timely filed, the district court or bankruptcy 
appellate panel may grant leave to appeal or direct that a motion for 
leave to appeal be filed. The district court or the bankruptcy appellate 
panel may also deny leave to appeal but in so doing shall consider the 
notice of appeal as a motion for leave to appeal. Unless an order 
directing that a motion for leave to appeal be filed provides otherwise, 
the motion shall be filed within 14 days of entry of the order.
    (d) Requirement of Leave to Appeal. If leave to appeal is required 
by 28 U.S.C. Sec. 158(a) and has not earlier been granted, the 
authorization of a direct appeal by a court of appeals under 28 U.S.C. 
Sec. 158(d)(2) shall be deemed to satisfy the requirement for leave to 
appeal.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 23, 2008, eff. Dec. 
1, 2008; Mar. 26, 2009, eff. Dec. 1, 2009.)
Rule 8004
_____. Service of the Notice of Appeal_________________________________
    The clerk shall serve notice of the filing of a notice of appeal by 
mailing a copy thereof to counsel of record of each party other than the 
appellant or, if a party is not represented by counsel, to the party's 
last known address. Failure to serve notice shall not affect the 
validity of the appeal. The clerk shall note on each copy served the 
date of the filing of the notice of appeal and shall note in the docket 
the names of the parties to whom copies are mailed and the date of the 
mailing. The clerk shall forthwith transmit to the United States trustee 
a copy of the notice of appeal, but failure to transmit such notice 
shall not affect the validity of the appeal.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 
1, 1991.)
Rule 8005
_____. Stay Pending Appeal_____________________________________________
    A motion for a stay of the judgment, order, or decree of a 
bankruptcy judge, for approval of a supersedeas bond, or for other 
relief pending appeal must ordinarily be presented to the bankruptcy 
judge in the first instance. Notwithstanding Rule 7062 but subject to 
the power of the district court and the bankruptcy appellate panel 
reserved hereinafter, the bankruptcy judge may suspend or order the 
continuation of other proceedings in the case under the Code or make any 
other appropriate order during the pendency of an appeal on such terms 
as will protect the rights of all parties in interest. A motion for such 
relief, or for modification or termination of relief granted by a 
bankruptcy judge, may be made to the district court or the bankruptcy 
appellate panel, but the motion shall show why the relief, modification, 
or termination was not obtained from the bankruptcy judge. The district 
court or the bankruptcy appellate panel may condition the relief it 
grants under this rule on the filing of a bond or other appropriate 
security with the bankruptcy court. When an appeal is taken by a 
trustee, a bond or other appropriate security may be required, but when 
an appeal is taken by the United States or an officer or agency thereof 
or by direction of any department of the Government of the United States 
a bond or other security shall not be required.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987.)
Rule 8006
_____. Record and Issues on Appeal_____________________________________
    Within 14 days after filing the notice of appeal as provided by Rule 
8001(a), entry of an order granting leave to appeal, or entry of an 
order disposing of the last timely motion outstanding of a type 
specified in Rule 8002(b), whichever is later, the appellant shall file 
with the clerk and serve on the appellee a designation of the items to 
be included in the record on appeal and a statement of the issues to be 
presented. Within 14 days after the service of the appellant's statement 
the appellee may file and serve on the appellant a designation of 
additional items to be included in the record on appeal and, if the 
appellee has filed a cross appeal, the appellee as cross appellant shall 
file and serve a statement of the issues to be presented on the cross 
appeal and a designation of additional items to be included in the 
record. A cross appellee may, within 14 days of service of the cross 
appellant's statement, file and serve on the cross appellant a 
designation of additional items to be included in the record. The record 
on appeal shall include the items so designated by the parties, the 
notice of appeal, the judgment, order, or decree appealed from, and any 
opinion, findings of fact, and conclusions of law of the court. Any 
party filing a designation of the items to be included in the record 
shall provide to the clerk a copy of the items designated or, if the 
party fails to provide the copy, the clerk shall prepare the copy at the 
party's expense. If the record designated by any party includes a 
transcript of any proceeding or a part thereof, the party shall, 
immediately after filing the designation, deliver to the reporter and 
file with the clerk a written request for the transcript and make 
satisfactory arrangements for payment of its cost. All parties shall 
take any other action necessary to enable the clerk to assemble and 
transmit the record.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 
1, 1991; Apr. 29, 1994, eff. Aug. 1, 1994; Mar. 26, 2009, eff. Dec. 1, 
2009.)
Rule 8007
_____. Completion and Transmission of the Record; Docketing of the 
Appeal__________________________________________________________________
    (a) Duty of Reporter To Prepare and File Transcript. On receipt of a 
request for a transcript, the reporter shall acknowledge on the request 
the date it was received and the date on which the reporter expects to 
have the transcript completed and shall transmit the request, so 
endorsed, to the clerk or the clerk of the bankruptcy appellate panel. 
On completion of the transcript the reporter shall file it with the 
clerk and, if appropriate, notify the clerk of the bankruptcy appellate 
panel. If the transcript cannot be completed within 30 days of receipt 
of the request the reporter shall seek an extension of time from the 
clerk or the clerk of the bankruptcy appellate panel and the action of 
the clerk shall be entered in the docket and the parties notified. If 
the reporter does not file the transcript within the time allowed, the 
clerk or the clerk of the bankruptcy appellate panel shall notify the 
bankruptcy judge.
    (b) Duty of Clerk To Transmit Copy of Record; Docketing of Appeal. 
When the record is complete for purposes of appeal, the clerk shall 
transmit a copy thereof forthwith to the clerk of the district court or 
the clerk of the bankruptcy appellate panel. On receipt of the 
transmission the clerk of the district court or the clerk of the 
bankruptcy appellate panel shall enter the appeal in the docket and give 
notice promptly to all parties to the judgment, order, or decree 
appealed from of the date on which the appeal was docketed. If the 
bankruptcy appellate panel directs that additional copies of the record 
be furnished, the clerk of the bankruptcy appellate panel shall notify 
the appellant and, if the appellant fails to provide the copies, the 
clerk shall prepare the copies at the expense of the appellant.
    (c) Record for Preliminary Hearing. If prior to the time the record 
is transmitted a party moves in the district court or before the 
bankruptcy appellate panel for dismissal, for a stay pending appeal, for 
additional security on the bond on appeal or on a supersedeas bond, or 
for any intermediate order, the clerk at the request of any party to the 
appeal shall transmit to the clerk of the district court or the clerk of 
the bankruptcy appellate panel a copy of the parts of the record as any 
party to the appeal shall designate.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 
1, 1991.)
Rule 8008
_____. Filing and Service______________________________________________
    (a) Filing. Papers required or permitted to be filed with the clerk 
of the district court or the clerk of the bankruptcy appellate panel may 
be filed by mail addressed to the clerk, but filing is not timely unless 
the papers are received by the clerk within the time fixed for filing, 
except that briefs are deemed filed on the day of mailing. An original 
and one copy of all papers shall be filed when an appeal is to the 
district court; an original and three copies shall be filed when an 
appeal is to a bankruptcy appellate panel. The district court or 
bankruptcy appellate panel may require that additional copies be 
furnished. Rule 5005(a)(2) applies to papers filed with the clerk of the 
district court or the clerk of the bankruptcy appellate panel if filing 
by electronic means is authorized by local rule promulgated pursuant to 
Rule 8018.
    (b) Service of All Papers Required. Copies of all papers filed by 
any party and not required by these rules to be served by the clerk of 
the district court or the clerk of the bankruptcy appellate panel shall, 
at or before the time of filing, be served by the party or a person 
acting for the party on all other parties to the appeal. Service on a 
party represented by counsel shall be made on counsel.
    (c) Manner of Service. Service may be personal or by mail. Personal 
service includes delivery of the copy to a clerk or other responsible 
person at the office of counsel. Service by mail is complete on mailing.
    (d) Proof of Service. Papers presented for filing shall contain an 
acknowledgment of service by the person served or proof of service in 
the form of a statement of the date and manner of service and of the 
names of the persons served, certified by the person who made service. 
The clerk of the district court or the clerk of the bankruptcy appellate 
panel may permit papers to be filed without acknowledgment or proof of 
service but shall require the acknowledgment or proof of service to be 
filed promptly thereafter.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 23, 1996, eff. Dec. 
1, 1996.)
Rule 8009
_____. Briefs and Appendix; Filing and Service_________________________
    (a) Briefs. Unless the district court or the bankruptcy appellate 
panel by local rule or by order excuses the filing of briefs or 
specifies different time limits:
            (1) The appellant shall serve and file a brief within 14 
        days after entry of the appeal on the docket pursuant to Rule 
        8007.
            (2) The appellee shall serve and file a brief within 14 days 
        after service of the brief of appellant. If the appellee has 
        filed a cross appeal, the brief of the appellee shall contain 
        the issues and argument pertinent to the cross appeal, 
        denominated as such, and the response to the brief of the 
        appellant.
            (3) The appellant may serve and file a reply brief within 14 
        days after service of the brief of the appellee, and if the 
        appellee has cross-appealed, the appellee may file and serve a 
        reply brief to the response of the appellant to the issues 
        presented in the cross appeal within 14 days after service of 
        the reply brief of the appellant. No further briefs may be filed 
        except with leave of the district court or the bankruptcy 
        appellate panel.
    (b) Appendix to Brief. If the appeal is to a bankruptcy appellate 
panel, the appellant shall serve and file with the appellant's brief 
excerpts of the record as an appendix, which shall include the 
following:
            (1) The complaint and answer or other equivalent pleadings;
            (2) Any pretrial order;
            (3) The judgment, order, or decree from which the appeal is 
        taken;
            (4) Any other orders relevant to the appeal;
            (5) The opinion, findings of fact, or conclusions of law 
        filed or delivered orally by the court and citations of the 
        opinion if published;
            (6) Any motion and response on which the court rendered 
        decision;
            (7) The notice of appeal;
            (8) The relevant entries in the bankruptcy docket; and
            (9) The transcript or portion thereof, if so required by a 
        rule of the bankruptcy appellate panel.
An appellee may also serve and file an appendix which contains material 
required to be included by the appellant but omitted by appellant.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Mar. 26, 2009, eff. Dec. 
1, 2009.)
Rule 8010
_____. Form of Briefs; Length__________________________________________
    (a) Form of Briefs. Unless the district court or the bankruptcy 
appellate panel by local rule otherwise provides, the form of brief 
shall be as follows:
            (1) Brief of the Appellant. The brief of the appellant shall 
        contain under appropriate headings and in the order here 
        indicated:
                    (A) A table of contents, with page references, and a 
                table of cases alphabetically arranged, statutes and 
                other authorities cited, with references to the pages of 
                the brief where they are cited.
                    (B) A statement of the basis of appellate 
                jurisdiction.
                    (C) A statement of the issues presented and the 
                applicable standard of appellate review.
                    (D) A statement of the case. The statement shall 
                first indicate briefly the nature of the case, the 
                course of the proceedings, and the disposition in the 
                court below. There shall follow a statement of the facts 
                relevant to the issues presented for review, with 
                appropriate references to the record.
                    (E) An argument. The argument may be preceded by a 
                summary. The argument shall contain the contentions of 
                the appellant with respect to the issues presented, and 
                the reasons therefor, with citations to the authorities, 
                statutes and parts of the record relied on.
                    (F) A short conclusion stating the precise relief 
                sought.
            (2) Brief of the Appellee. The brief of the appellee shall 
        conform to the requirements of paragraph (1)(A)-(E) of this 
        subdivision, except that a statement of the basis of appellate 
        jurisdiction, of the issues, or of the case need not be made 
        unless the appellee is dissatisfied with the statement of the 
        appellant.
    (b) Reproduction of Statutes, Rules, Regulations, or Similar 
Material. If determination of the issues presented requires reference to 
the Code or other statutes, rules, regulations, or similar material, 
relevant parts thereof shall be reproduced in the brief or in an 
addendum or they may be supplied to the court in pamphlet form.
    (c) Length of Briefs. Unless the district court or the bankruptcy 
appellate panel by local rule or order otherwise provides, principal 
briefs shall not exceed 50 pages, and reply briefs shall not exceed 25 
pages, exclusive of pages containing the table of contents, tables of 
citations and any addendum containing statutes, rules, regulations, or 
similar material.
Rule 8011
_____. Motions_________________________________________________________
    (a) Content of Motions; Response; Reply. A request for an order or 
other relief shall be made by filing with the clerk of the district 
court or the clerk of the bankruptcy appellate panel a motion for such 
order or relief with proof of service on all other parties to the 
appeal. The motion shall contain or be accompanied by any matter 
required by a specific provision of these rules governing such a motion, 
shall state with particularity the grounds on which it is based, and 
shall set forth the order or relief sought. If a motion is supported by 
briefs, affidavits or other papers, they shall be served and filed with 
the motion. Any party may file a response in opposition to a motion 
other than one for a procedural order within seven days after service of 
the motion, but the district court or the bankruptcy appellate panel may 
shorten or extend the time for responding to any motion.
    (b) Determination of Motions for Procedural Orders. Notwithstanding 
subdivision (a) of this rule, motions for procedural orders, including 
any motion under Rule 9006, may be acted on at any time, without 
awaiting a response thereto and without hearing. Any party adversely 
affected by such action may move for reconsideration, vacation, or 
modification of the action.
    (c) Determination of all Motions. All motions will be decided 
without oral argument unless the court orders otherwise. A motion for a 
stay, or for other emergency relief may be denied if not presented 
promptly.
    (d) Emergency Motions. Whenever a movant requests expedited action 
on a motion on the ground that, to avoid irreparable harm, relief is 
needed in less time than would normally be required for the district 
court or bankruptcy appellate panel to receive and consider a response, 
the word ``Emergency'' shall precede the title of the motion. The motion 
shall be accompanied by an affidavit setting forth the nature of the 
emergency. The motion shall state whether all grounds advanced in 
support thereof were submitted to the bankruptcy judge and, if any 
grounds relied on were not submitted, why the motion should not be 
remanded to the bankruptcy judge for reconsideration. The motion shall 
include the office addresses and telephone numbers of moving and 
opposing counsel and shall be served pursuant to Rule 8008. Prior to 
filing the motion, the movant shall make every practicable effort to 
notify opposing counsel in time for counsel to respond to the motion. 
The affidavit accompanying the motion shall also state when and how 
opposing counsel was notified or if opposing counsel was not notified 
why it was not practicable to do so.
    (e) Power of a Single Judge To Entertain Motions. A single judge of 
a bankruptcy appellate panel may grant or deny any request for relief 
which under these rules may properly be sought by motion, except that a 
single judge may not dismiss or otherwise decide an appeal or a motion 
for leave to appeal. The action of a single judge may be reviewed by the 
panel.
Rule 8012
_____. Oral Argument___________________________________________________
    Oral argument shall be allowed in all cases unless the district 
judge or the judges of the bankruptcy appellate panel unanimously 
determine after examination of the briefs and record, or appendix to the 
brief, that oral argument is not needed. Any party shall have an 
opportunity to file a statement setting forth the reason why oral 
argument should be allowed.
    Oral argument will not be allowed if (1) the appeal is frivolous; 
(2) the dispositive issue or set of issues has been recently 
authoritatively decided; or (3) the facts and legal arguments are 
adequately presented in the briefs and record and the decisional process 
would not be significantly aided by oral argument.
Rule 8013
_____. Disposition of Appeal; Weight Accorded Bankruptcy Judge's 
Findings of Fact________________________________________________________
    On an appeal the district court or bankruptcy appellate panel may 
affirm, modify, or reverse a bankruptcy judge's judgment, order, or 
decree or remand with instructions for further proceedings. Findings of 
fact, whether based on oral or documentary evidence, shall not be set 
aside unless clearly erroneous, and due regard shall be given to the 
opportunity of the bankruptcy court to judge the credibility of the 
witnesses.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987.)
Rule 8014
_____. Costs___________________________________________________________
    Except as otherwise provided by law, agreed to by the parties, or 
ordered by the district court or the bankruptcy appellate panel, costs 
shall be taxed against the losing party on an appeal. If a judgment is 
affirmed or reversed in part, or is vacated, costs shall be allowed only 
as ordered by the court. Costs incurred in the production of copies of 
briefs, the appendices, and the record and in the preparation and 
transmission of the record, the cost of the reporter's transcript, if 
necessary for the determination of the appeal, the premiums paid for 
cost of supersedeas bonds or other bonds to preserve rights pending 
appeal and the fee for filing the notice of appeal shall be taxed by the 
clerk as costs of the appeal in favor of the party entitled to costs 
under this rule.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987.)
Rule 8015
_____. Motion for Rehearing____________________________________________
    Unless the district court or the bankruptcy appellate panel by local 
rule or by court order otherwise provides, a motion for rehearing may be 
filed within 14 days after entry of the judgment of the district court 
or the bankruptcy appellate panel. If a timely motion for rehearing is 
filed, the time for appeal to the court of appeals for all parties shall 
run from the entry of the order denying rehearing or the entry of 
subsequent judgment.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Mar. 26, 2009, eff. Dec. 
1, 2009.)
Rule 8016
_____. Duties of Clerk of District Court and Bankruptcy Appellate Panel
    (a) Entry of Judgment. The clerk of the district court or the clerk 
of the bankruptcy appellate panel shall prepare, sign and enter the 
judgment following receipt of the opinion of the court or the appellate 
panel or, if there is no opinion, following the instruction of the court 
or the appellate panel. The notation of a judgment in the docket 
constitutes entry of judgment.
    (b) Notice of Orders or Judgments; Return of Record. Immediately on 
the entry of a judgment or order the clerk of the district court or the 
clerk of the bankruptcy appellate panel shall transmit a notice of the 
entry to each party to the appeal, to the United States trustee, and to 
the clerk, together with a copy of any opinion respecting the judgment 
or order, and shall make a note of the transmission in the docket. 
Original papers transmitted as the record on appeal shall be returned to 
the clerk on disposition of the appeal.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 
1, 1991.)
Rule 8017
_____. Stay of Judgment of District Court or Bankruptcy Appellate Panel
    (a) Automatic Stay of Judgment on Appeal. Judgments of the district 
court or the bankruptcy appellate panel are stayed until the expiration 
of 14 days after entry, unless otherwise ordered by the district court 
or the bankruptcy appellate panel.
    (b) Stay Pending Appeal to the Court of Appeals. On motion and 
notice to the parties to the appeal, the district court or the 
bankruptcy appellate panel may stay its judgment pending an appeal to 
the court of appeals. The stay shall not extend beyond 30 days after the 
entry of the judgment of the district court or the bankruptcy appellate 
panel unless the period is extended for cause shown. If before the 
expiration of a stay entered pursuant to this subdivision there is an 
appeal to the court of appeals by the party who obtained the stay, the 
stay shall continue until final disposition by the court of appeals. A 
bond or other security may be required as a condition to the grant or 
continuation of a stay of the judgment. A bond or other security may be 
required if a trustee obtains a stay but a bond or security shall not be 
required if a stay is obtained by the United States or an officer or 
agency thereof or at the direction of any department of the Government 
of the United States.
    (c) Power of Court of Appeals Not Limited. This rule does not limit 
the power of a court of appeals or any judge thereof to stay proceedings 
during the pendency of an appeal or to suspend, modify, restore, or 
grant an injunction during the pendency of an appeal or to make any 
order appropriate to preserve the status quo or the effectiveness of the 
judgment subsequently to be entered.
(As amended Mar. 26, 2009, eff. Dec. 1, 2009.)
Rule 8018
_____. Rules by Circuit Councils and District Courts; Procedure When 
There is No Controlling Law_____________________________________________
    (a) Local Rules by Circuit Councils and District Courts.
            (1) Circuit councils which have authorized bankruptcy 
        appellate panels pursuant to 28 U.S.C. Sec. 158(b) and the 
        district courts may, acting by a majority of the judges of the 
        council or district court, make and amend rules governing 
        practice and procedure for appeals from orders or judgments of 
        bankruptcy judges to the respective bankruptcy appellate panel 
        or district court consistent with--but not duplicative of--Acts 
        of Congress and the rules of this Part VIII. Local rules shall 
        conform to any uniform numbering system prescribed by the 
        Judicial Conference of the United States. Rule 83 F.R.Civ.P. 
        governs the procedure for making and amending rules to govern 
        appeals.
            (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 bankruptcy 
appellate panel or district judge may regulate practice in any manner 
consistent with federal law, these rules, Official Forms, and local 
rules of the circuit council or district court. 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 
circuit council or district court unless the alleged violator has been 
furnished in the particular case with actual notice of the requirement.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 27, 1995, eff. Dec. 
1, 1995.)
Rule 8019
_____. Suspension of Rules in Part VIII________________________________
    In the interest of expediting decision or for other cause, the 
district court or the bankruptcy appellate panel may suspend the 
requirements or provisions of the rules in Part VIII, except Rules 8001, 
8002 and 8013, and may order proceedings in accordance with the 
direction.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987.)
Rule 8020
_____. Damages and Costs for Frivolous Appeal__________________________
    If a district court or bankruptcy appellate panel determines that an 
appeal from an order, judgment, or decree of a bankruptcy judge is 
frivolous, it may, after a separately filed motion or notice from the 
district court or bankruptcy appellate panel and reasonable opportunity 
to respond, award just damages and single or double costs to the 
appellee.
(Added Apr. 11, 1997, eff. Dec. 1, 1997.)

                       PART IX--GENERAL PROVISIONS

Rule 9001
_____. General Definitions_____________________________________________
    The definitions of words and phrases in Sec. 101, Sec. 902 and 
Sec. 1101 and the rules of construction in Sec. 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. Sec. 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 person: (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 in 
        control.
            (6) ``Firm'' includes a partnership or professional 
        corporation of attorneys or accountants.
            (7) ``Judgment'' means any appealable order.
            (8) ``Mail'' means first class, postage prepaid.
            (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 or 
        firm.
            (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 trustee.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 
1, 1991; Apr. 25, 2005, eff. Dec. 1, 2005.)
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 contested matter.
            (2) ``Appeal'' means an appeal as provided by 28 U.S.C. 
        Sec. 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.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 22, 1993, eff. Aug. 
1, 1993.)
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 trustee system.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 
1, 1991.)
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 paper.
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 9005.1
_____. Constitutional Challenge to a Statute--Notice, Certification, 
and Intervention________________________________________________________
    Rule 5.1 F.R.Civ.P. applies in cases under the Code.
(Added Apr. 30, 2007, eff. Dec. 1, 2007.)
Rule 9006
_____. Computing and Extending Time____________________________________
    (a) Computing Time. The following rules apply in computing any time 
period specified in these rules, in the Federal Rules of Civil 
Procedure, in any local rule or court order, or in any statute that does 
not specify a method of computing time.
            (1) Period Stated in Days or a Longer Unit. When the period 
        is stated in days or a longer unit of time:
                    (A) exclude the day of the event that triggers the 
                period;
                    (B) count every day, including intermediate 
                Saturdays, Sundays, and legal holidays; and
                    (C) include the last day of the period, but if the 
                last day is a Saturday, Sunday, or legal holiday, the 
                period continues to run until the end of the next day 
                that is not a Saturday, Sunday, or legal holiday.
            (2) Period Stated in Hours. When the period is stated in 
        hours:
                    (A) begin counting immediately on the occurrence of 
                the event that triggers the period;
                    (B) count every hour, including hours during 
                intermediate Saturdays, Sundays, and legal holidays; and
                    (C) if the period would end on a Saturday, Sunday, 
                or legal holiday, then continue the period until the 
                same time on the next day that is not a Saturday, 
                Sunday, or legal holiday.
            (3) Inaccessibility of Clerk's Office. Unless the court 
        orders otherwise, if the clerk's office is inaccessible:
                    (A) on the last day for filing under Rule 
                9006(a)(1), then the time for filing is extended to the 
                first accessible day that is not a Saturday, Sunday, or 
                legal holiday; or
                    (B) during the last hour for filing under Rule 
                9006(a)(2), then the time for filing is extended to the 
                same time on the first accessible day that is not a 
                Saturday, Sunday, or legal holiday.
            (4) ``Last Day'' Defined. Unless a different time is set by 
        a statute, local rule, or order in the case, the last day ends:
                    (A) for electronic filing, at midnight in the 
                court's time zone; and
                    (B) for filing by other means, when the clerk's 
                office is scheduled to close.
            (5) ``Next Day'' Defined. The ``next day'' is determined by 
        continuing to count forward when the period is measured after an 
        event and backward when measured before an event.
            (6) ``Legal Holiday'' Defined. ``Legal holiday'' means:
                    (A) the day set aside by statute for observing New 
                Year's Day, Martin Luther King Jr.'s Birthday, 
                Washington's Birthday, Memorial Day, Independence Day, 
                Labor Day, Columbus Day, Veterans' Day, Thanksgiving 
                Day, or Christmas Day;
                    (B) any day declared a holiday by the President or 
                Congress; and
                    (C) for periods that are measured after an event, 
                any other day declared a holiday by the state where the 
                district court is located. (In this rule, ``state'' 
                includes the District of Columbia and any United States 
                commonwealth or territory.)
    (b) Enlargement.
            (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), 2003(a) and (d), 
        7052, 9023, and 9024.
            (3) Enlargement Governed By Other Rules. The court may 
        enlarge the time for taking action under Rules 1006(b)(2), 
        1017(e), 3002(c), 4003(b), 4004(a), 4007(c), 4008(a), 8002, and 
        9033, only to the extent and under the conditions stated in 
        those rules. In addition, the court may enlarge the time to file 
        the statement required under Rule 1007(b)(7), and to file 
        schedules and statements in a small business case under 
        Sec. 1116(3) of the Code, only to the extent and under the 
        conditions stated in Rule 1007(c).
    (c) Reduction.
            (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 under Rules 2002(a)(7), 2003(a), 3002(c), 
        3014, 3015, 4001(b)(2), (c)(2), 4003(a), 4004(a), 4007(c), 
        4008(a), 8002, and 9033(b). In addition, the court may not 
        reduce the time under Rule 1007(c) to file the statement 
        required by Rule 1007(b)(7).
    (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 seven 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 mailing.
    (f) Additional Time After Service by Mail or Under Rule 5(b)(2)(D), 
(E), or (F) 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)(D), (E), or (F) 
F.R.Civ.P., three days are added after the prescribed period would 
otherwise expire under Rule 9006(a).
    (g) Grain Storage Facility Cases. This rule shall not limit the 
court's authority under Sec. 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.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 25, 1989, eff. Aug. 
1, 1989; Apr. 30, 1991, eff. Aug. 1, 1991; Apr. 23, 1996, eff. Dec. 1, 
1996; Apr. 26, 1999, eff. Dec. 1, 1999; Apr. 23, 2001, eff. Dec. 1, 
2001; Apr. 25, 2005, eff. Dec. 1, 2005; Apr. 23, 2008, eff. Dec. 1, 
2008; Mar. 26, 2009, eff. Dec. 1, 2009.)
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.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987.)
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___________________________________________________________
    Except as otherwise provided in Rule 3016(d), 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.
(As amended Apr. 30, 1991, eff. Aug. 1, 1991; Apr. 23, 2008, eff. Dec. 
1, 2008.)
Rule 9010
_____. Representation and Appearances; Powers of Attorney______________
    (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. Sec. 459, Sec. 953, Rule 9012, or a person 
authorized to administer oaths under the laws of the state where the 
oath is administered.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 
1, 1991.)
Rule 9011
_____. Signing of Papers; Representations to the Court; Sanctions; 
Verification and Copies of Papers_______________________________________
    (a) Signature. 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 circumstances,-- \1\
---------------------------------------------------------------------------
    \1\ So in original. The comma probably should not appear.
---------------------------------------------------------------------------
            (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 litigation;
            (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 discovery; and
            (4) the denials of factual contentions are warranted on the 
        evidence or, if specifically so identified, are reasonably based 
        on a lack of information or belief.
    (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. Sec. 1746 satisfies the requirement of 
verification.
    (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.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 
1, 1991; Apr. 11, 1997, eff. Dec. 1, 1997.)
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 
foreign country.
    (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.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 
1, 1991.)
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.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987.)
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 
directs otherwise.
    (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 otherwise 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, and 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.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 26, 1999, eff. Dec. 
1, 1999; Apr. 29, 2002, eff. Dec. 1, 2002; Apr. 26, 2004, eff. Dec. 1, 
2004.)
Rule 9015
_____. Jury Trials_____________________________________________________
    (a) Applicability of Certain Federal Rules of Civil Procedure. Rules 
38, 39, 47-49, and 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 under 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. Sec. 157(e) 
by jointly or separately filing a statement of consent within any 
applicable time limits specified by local rule.
    (c) Applicability of Rule 50 F.R.Civ.P. Rule 50 F.R.Civ.P. applies 
in cases and proceedings, except that any renewed motion for judgment or 
request for a new trial shall be filed no later than 14 days after the 
entry of judgment.
(Added Apr. 11, 1997, eff. Dec. 1, 1997; amended Mar. 26, 2009, eff. 
Dec. 1, 2009.)
Rule 9016
_____. Subpoena________________________________________________________
    Rule 45 F.R.Civ.P. applies in cases under the Code.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987.)
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 Matter__________
    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.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987.)
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.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 
1, 1991; Apr. 22, 1993, eff. Aug. 1, 1993.)
Rule 9020
_____. Contempt Proceedings____________________________________________
    Rule 9014 governs a motion for an order of contempt made by the 
United States trustee or a party in interest.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 
1, 1991; Apr. 23, 2001, eff. Dec. 1, 2001.)
Rule 9021
_____. Entry of Judgment_______________________________________________
    A judgment or order is effective when entered under Rule 5003.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Mar. 26, 2009, eff. Dec. 
1, 2009.)
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 8002.
    (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.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 
1, 1991; Apr. 23, 2001, eff. Dec. 1, 2001.)
Rule 9023
_____. New Trials; Amendment of Judgments______________________________
    Except as provided in this rule and Rule 3008, Rule 59 F.R.Civ.P. 
applies in cases under the Code. A motion for a new trial or to alter or 
amend a judgment shall be filed, and a court may on its own order a new 
trial, no later than 14 days after entry of judgment.
(As amended Mar. 26, 2009, eff. Dec. 1, 2009.)
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(c), (2) a complaint to revoke a discharge in a chapter 7 liquidation 
case may be filed only within the time allowed by Sec. 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 Sec. 1144, Sec. 1230, or 
Sec. 1330.
(As amended Apr. 30, 1991, eff. Aug. 1, 1991; Apr. 23, 2008, eff. Dec. 
1, 2008.)
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 Sec. 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 14 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 case.
    (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 21 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 21 days following the 
service of summons on such initial pleading, or within seven 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.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 
1, 1991; Apr. 29, 2002, eff. Dec. 1, 2002; Mar. 26, 2009, eff. Dec. 1, 
2009.)
Rule 9028
_____. Disability of a Judge___________________________________________
    Rule 63 F.R.Civ.P. applies in cases under the Code.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987.)
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.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 
1, 1991; Apr. 27, 1995, eff. Dec. 1, 1995.)
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.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987.)
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 Procedure_________
    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.
(As amended Apr. 30, 1991, eff. Aug. 1, 1991.)
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. 
Sec. 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 14 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 14 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 21 
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 21 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.
(Added Mar. 30, 1987, eff. Aug. 1, 1987; amended Mar. 26, 2009, eff. 
Dec. 1, 2009.)
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 
        controversy;
            (c) the dismissal or conversion of a case to another 
        chapter;
            (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.
(Added Apr. 30, 1991, eff. Aug. 1, 1991.)
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.
(Added Apr. 30, 1991, eff. Aug. 1, 1991; amended Apr. 11, 1997, eff. 
Dec. 1, 1997.)
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.
(Added Apr. 22, 1993, eff. Aug. 1, 1993; amended Apr. 25, 2005, eff. 
Dec. 1, 2005.)
Rule 9037
_____. Privacy Protection For Filings Made with the Court______________
    (a) Redacted Filings. Unless the court orders otherwise, in an 
electronic or paper filing made with the court that contains an 
individual's social-security number, taxpayer-identification number, or 
birth date, the name of an individual, other than the debtor, known to 
be and identified as a minor, or a financial-account number, a party or 
nonparty making the filing may include only:
            (1) the last four digits of the social-security number and 
        taxpayer-identification number;
            (2) the year of the individual's birth;
            (3) the minor's initials; and
            (4) the last four digits of the financial-account number.
    (b) Exemptions From the Redaction Requirement. The redaction 
requirement does not apply to the following:
            (1) a financial-account number that identifies the property 
        allegedly subject to forfeiture in a forfeiture proceeding;
            (2) the record of an administrative or agency proceeding 
        unless filed with a proof of claim;
            (3) the official record of a state-court proceeding;
            (4) the record of a court or tribunal, if that record was 
        not subject to the redaction requirement when originally filed;
            (5) a filing covered by subdivision (c) of this rule; and
            (6) a filing that is subject to Sec. 110 of the Code.
    (c) Filings Made Under Seal. The court may order that a filing be 
made under seal without redaction. The court may later unseal the filing 
or order the entity that made the filing to file a redacted version for 
the public record.
    (d) Protective Orders. For cause, the court may by order in a case 
under the Code:
            (1) require redaction of additional information; or
            (2) limit or prohibit a nonparty's remote electronic access 
        to a document filed with the court.
    (e) Option for Additional Unredacted Filing Under Seal. An entity 
making a redacted filing may also file an unredacted copy under seal. 
The court must retain the unredacted copy as part of the record.
    (f) Option for Filing a Reference List. A filing that contains 
redacted information may be filed together with a reference list that 
identifies each item of redacted information and specifies an 
appropriate identifier that uniquely corresponds to each item listed. 
The list must be filed under seal and may be amended as of right. Any 
reference in the case to a listed identifier will be construed to refer 
to the corresponding item of information.
    (g) Waiver of Protection of Identifiers. An entity waives the 
protection of subdivision (a) as to the entity's own information by 
filing it without redaction and not under seal.
(Added Apr. 30, 2007, eff. Dec. 1, 2007.)


[PART X--UNITED STATES TRUSTEES] (Abrogated Apr. 30, 1991, eff. Aug. 1, 
                                  1991)


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