**AMENDMENTS TO THE FEDERAL**

**RULES OF BANKRUPTCY PROCEDURE**

**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.

# 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. § 1930(a)(1)-(a)(5) and any other fee prescribed
by the Judicial Conference of the United States under 28 U.S.C.
§ 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.

\* \* \* \* \*

\(3\) *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. § 1930(f), prepared as
prescribed by the appropriate Official Form.

Rule 1007. Lists, Schedules, Statements, and Other Documents; Time
Limits

\(a\) CORPORATE OWNERSHIP STATEMENT, LIST OF CREDITORS AND EQUITY
SECURITY HOLDERS, AND OTHER LISTS.

\* \* \* \* \*

\(4\) *Chapter 15 Case*. In addition to the documents required under
§ 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 § 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 § 705 or appointed under § 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 § 521(c) of the Code.

\(2\) An individual debtor in a chapter 7 case shall file a statement of
intention as required by § 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 § 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 § 521(b);

\(B\) a statement that the debtor has received the credit counseling
briefing required by § 109(h)(1) but does not have the certificate
required by § 521(b);

\(C\) a certification under § 109(h)(3); or

\(D\) a request for a determination by the court under § 109(h)(4).

\(4\) Unless § 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
§ 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 § 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
§ 1141(d)(3) applies.

\(8\) If an individual debtor in a chapter 11, 12, or 13 case has
claimed an exemption under § 522(b)(3)(A) in property of the kind
described in § 522(p)(1) with a value in excess of the amount set out in
§ 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 § 522(q)(1)(A) or found liable for a debt
of the kind described in § 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 15 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 15 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 15 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 § 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 § 1141(d)(5)(B) or § 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 §§ 1141(d)(5)(B), 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
§ 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 §  705 or appointed under § 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.

\* \* \* \* \*

**Rule 1009.** **Amendments of Voluntary Petitions, Lists, Schedules and
Statements**

\* \* \* \* \*

\(b\) STATEMENT OF INTENTION. The statement of intention may be amended
by the debtor at any time before the expiration of the period provided
in § 521(a) of the Code. The debtor shall give notice of the amendment
to the trustee and to any entity affected thereby.

\* \* \* \* \*

**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 § 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.

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.

\* \* \* \* \*

\(f\) 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.

Rule 1015. Consolidation or Joint Administration of Cases Pending in
Same Court

\* \* \* \* \*

\(b\) 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
§ 522(b)(2) of the Code and the other has elected the exemptions under
§ 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 § 522(b)(2).

\* \* \* \* \*

**Rule 1017.** **Dismissal or Conversion of Case; Suspension**

\* \* \* \* \*

\(e\) 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 § 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 § 704(b)(2), a motion to dismiss a
case for abuse under § 707(b) or (c) may be filed only within 60 days
after the first date set for the meeting of creditors under § 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
§ 707(b)(1) and (3) shall state with particularity the circumstances
alleged to constitute abuse.

*\* \* \* \* \**

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

\* \* \* \* \*

\(2\) *New Filing Periods.* A new time period for filing a motion under
§ 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 § 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.

\* \* \* \* \*

**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 15 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 § 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 § 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 § 1102 or its authorized
agent, or, if no committee of unsecured creditors has been appointed
under § 1102, the creditors included on the list filed under Rule
1007(d); and any other entity as the court directs.

## 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 § 705 or appointed
under § 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 § 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.

**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-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 20 days' notice
by mail of:

\* \* \* \* \*

\(b\) TWENTY-FIVE-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 25 days notice by mail of the time
fixed (1) for filing objections and the hearing to consider approval of
a disclosure statement or, under § 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 § 363(b)(1) of the Code shall
state whether the sale is consistent with any policy prohibiting the
transfer of the information.

\* \* \* \* \*

\(f\) 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 § 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 § 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 § 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 § 704(b)(1) as to whether the debtor's case
would be presumed to be an abuse under § 707(b); and

\(11\) the time to request a delay in the entry of the discharge under
§§ 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.

\* \* \* \* \*

\(2\) Except as provided in § 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.

\* \* \* \* \*

\(5\) A creditor may treat a notice as not having been brought to the
creditor's attention under § 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.

\* \* \* \* \*

\(k\) 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. § 78aaa *et. seq*.

\* \* \* \* \*

\(p\) 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 § 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 20 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 § 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.

**Rule 2003. Meeting of Creditors or Equity Security Holders**

\(a\) [DATE AND PLACE]{.smallcaps}. Except as otherwise provided in
§ 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 20 and no more than 40 days after the
order for relief. In a chapter 12 family farmer's debt adjustment case,
the United States trustee shall call a meeting of creditors to be held
no fewer than 20 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 20
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.

\* \* \* \* \*

**Rule 2007.1.** **Appointment of Trustee or Examiner in a Chapter 11
Reorganization Case**

\* \* \* \* \*

\(b\) ELECTION OF TRUSTEE.

\* \* \* \* \*

\(3\) *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 § 1104(b) or to receive a copy of the report,
and to any committee appointed under § 1102 of the Code.

\(c\) APPROVAL OF APPOINTMENT. An order approving the appointment of a
trustee or an examiner under §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.

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
§ 333 of the Code, unless the court, on motion of the United States
trustee or a party in interest filed no later than 20 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 § 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 § 705 or
appointed under § 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
§ 1102, on the creditors included on the list filed under Rule 1007(d);
and such other entities as the court may direct.

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 § 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. § 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. § 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 § 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 15^th^ 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 20 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.

\* \* \* \* \*

\(d\) 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 § 1518 of the Code
within 15 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.

**Rule 2015.1. Patient Care Ombudsman**

\(a\) REPORTS. A patient care ombudsman, at least 10 days before making
a report under § 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 § 705 or appointed under § 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 § 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 § 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 15 days after service of the
motion.

**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 § 704(a)(12) of the Code unless the trustee gives at
least 10 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 have 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.

**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 five days before the first date set for the
meeting of creditors under § 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 § 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 § 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).

**Rule 3002. Filing Proof of Claim or Interest**

\* \* \* \* \*

\(c\) 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
§ 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 § 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 § 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.

\* \* \* \* \*

\(5\) 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.

Rule 3003. Filing Proof of Claim or Equity Security Interest in Chapter
9 Municipality or Chapter 11 Reorganization Cases

\* \* \* \* \*

\(c\) 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 § 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.

\* \* \* \* \*

Rule 3016. Filing of Plan and Disclosure Statement in a Chapter 9
Municipality or Chapter 11 Reorganization Case

\* \* \* \* \*

[(]{.smallcaps}b[) DISCLOSURE STATEMENT]{.smallcaps}. In a chapter 9 or
11 case, a disclosure statement under § 1125 of the Code or evidence
showing compliance with § 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 § 1125(f)(1). If the plan is intended to
provide adequate information under § 1125(f)(1), it shall be so
designated and Rule 3017.1 shall apply as if the plan is a disclosure
statement.

\* \* \* \* \*

\(d\) 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.

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.

\* \* \* \* \*

**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
§ 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 20
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.

**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 § 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 § 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 § 707(b)(2)(A) or (B).

\(3\) *Tax Return*. At least 7 days before the first date set for the
meeting of creditors under § 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 15
days before the first date set for the meeting of creditors under § 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 § 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.

**Rule 4003. Exemptions**

\* \* \* \* \*

\(b\) 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 § 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 § 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.

\* \* \* \* \*

\(d\) AVOIDANCE BY DEBTOR OF TRANSFERS OF EXEMPT PROPERTY. A proceeding
by the debtor to avoid a lien or other transfer of property exempt under
§ 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 § 522(f) by challenging the validity of the
exemption asserted to be impaired by the lien.

**Rule 4004. Grant or Denial of Discharge**

\* \* \* \* \*

\(c\) 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 § 727(a)(10);

\(D\) a motion to dismiss the case under § 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. § 1930(a) and any other fee prescribed by the Judicial Conference
of the United States under 28 U.S.C. § 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. § 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 § 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 § 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
§ 521(f).

\* \* \* \* \*

\(3\) 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.

\* \* \* \* \*

**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.

Rule 4007. Determination of Dischargeability of a Debt

\* \* \* \* \*

\(c\) TIME FOR FILING COMPLAINT UNDER § 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 § 523(c)
shall be filed no later than 60 days after the first date set for the
meeting of creditors under § 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 § 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 § 1328(b), the court shall enter an order
fixing the time to file a complaint to determine the dischargeability of
any debt under § 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.

\* \* \* \* \*

**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 § 341(a) of the Code. 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 § 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
§ 524(k)(6)(A), the statement required by this subdivision shall include
an explanation of the difference.

**Rule 5001. Courts and Clerks' Offices**

\* \* \* \* \*

\(b\) 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. § 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.

\* \* \* \* \*

# Rule 5003. Records Kept By the Clerk

\* \* \* \* \*

[(]{.smallcaps}e[) REGISTER OF MAILING ADDRESSES OF FEDERAL AND STATE
GOVERNMENTAL UNITS]{.smallcaps} 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 § 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 § 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.

\* \* \* \* \*

Rule 5008. Notice Regarding Presumption of Abuse in Chapter 7 Cases of
Individual Debtors

If a presumption of abuse has arisen under § 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.

**Rule 6004. Use, Sale, or Lease of Property**

\* \* \* \* \*

\(g\) SALE OF PERSONALLY IDENTIFIABLE INFORMATION.

\(1\) *Motion*. A motion for authority to sell or lease personally
identifiable information under § 363(b)(1)(B) shall include a request
for an order directing the United States trustee to appoint a consumer
privacy ombudsman under § 332. Rule 9014 governs the motion which shall
be served on: any committee elected under § 705 or appointed under
§ 1102 of the Code, or if the case is a chapter 11 reorganization case
and no committee of unsecured creditors has been appointed under § 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
§ 332, no later than 5 days before the hearing on the motion under
§ 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 10 days after entry of the
order, unless the court orders otherwise.

**Rule 6011.** **Disposal of Patient Records in Health Care Business
Case**

\(a\) NOTICE BY PUBLICATION UNDER § 351(1)(A). A notice regarding the
claiming or disposing of patient records under § 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 § 351(1)(B). Subject to applicable
nonbankruptcy law relating to patient privacy, a notice regarding the
claiming or disposing of patient records under § 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 § 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 § 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.

**Rule 7012. Defenses and Objections --- When and How Presented --- By
Pleading or Motion --- Motion for Judgment on the Pleadings**

\* \* \* \* \*

\(b\) 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.

**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.

**Rule 7023.1. Derivative Actions**

Rule 23.1 F.R.Civ.P. applies in adversary proceedings.

**Rule 8001. Manner of Taking Appeal; Voluntary Dismissal; Certification
to Court of Appeals**

\* \* \* \* \*

\(e\) 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. § 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. § 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.
§ 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. § 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. § 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. § 158(a)(1) or (2), or the grant of leave to
appeal under 28 U.S.C. § 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. § 158(a)(1) or
(2), or the grant of leave to appeal under 28 U.S.C. § 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. § 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. § 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 10 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. § 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. § 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 10 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).

**Rule 8003**. **Leave to Appeal**

\* \* \* \* \*

\(d\) REQUIREMENT OF LEAVE TO APPEAL. If leave to appeal is required by
28 U.S.C. § 158(a) and has not earlier been granted, the authorization
of a direct appeal by a court of appeals under 28 U.S.C. § 158(d)(2)
shall be deemed to satisfy the requirement for leave to appeal.

# Rule 9006. Time

[\* \* \* \* \*]{.smallcaps}

[(]{.smallcaps}b[) ENLARGEMENT]{.smallcaps}.

\(1\) *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 § 1116(3) of the Code, only to the extent and under the
conditions stated in Rule 1007(c).

\(c\) REDUCTION.

\* \* \* \* \*

\(2\) *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).

\* \* \* \* \*

# 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.

**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 § 727(e) of the Code,
and (3) a complaint to revoke an order confirming a plan may be filed
only within the time allowed by § 1144, § 1230, or § 1330.