Title 11 Appendix USCTitleAppendix 11a Online@118-34not31 no OLRC 2024-01-08T01:42:06 USCConverter 1.7.2 Title 11APPENDIX BANKRUPTCY RULES Current through 118-34not31 FEDERAL RULES OF BANKRUPTCY PROCEDURE (Effective August 1, 1983 December 26, 2023 Historical Note The Federal Rules of Bankruptcy Procedure were adopted by order of the Supreme Court on Apr. 25, 1983 Aug. 1, 1983 The Rules have been amended Aug. 30, 1983 Pub. L. 9891,  2(a) 97 Stat. 607 Aug. 1, 1983 July 10, 1984 Pub. L. 98353, title III,  321 98 Stat. 357 Apr. 29, 1985 Aug. 1, 1985 Mar. 30, 1987 Aug. 1, 1987 Apr. 25, 1989 Aug. 1, 1989 Apr. 30, 1991 Aug. 1, 1991 Apr. 22, 1993 Aug. 1, 1993 Apr. 29, 1994 Aug. 1, 1994 Oct. 22, 1994 Pub. L. 103394, title I,  114 108 Stat. 4118 Apr. 27, 1995 Dec. 1, 1995 Apr. 23, 1996 Dec. 1, 1996 Apr. 11, 1997 Dec. 1, 1997 Apr. 26, 1999 Dec. 1, 1999 Apr. 17, 2000 Dec. 1, 2000 Apr. 23, 2001 Dec. 1, 2001 Apr. 29, 2002 Dec. 1, 2002 Mar. 27, 2003 Dec. 1, 2003 Apr. 26, 2004 Dec. 1, 2004 Apr. 25, 2005 Dec. 1, 2005 Apr. 12, 2006 Dec. 1, 2006 Apr. 30, 2007 Dec. 1, 2007 Apr. 23, 2008 Dec. 1, 2008 Mar. 26, 2009 Dec. 1, 2009 Apr. 28, 2010 Dec. 1, 2010 Apr. 26, 2011 Dec. 1, 2011 Apr. 23, 2012 Dec. 1, 2012 Apr. 16, 2013 Dec. 1, 2013 Apr. 25, 2014 Dec. 1, 2014 Apr. 29, 2015 Dec. 1, 2015 Apr. 28, 2016 Dec. 1, 2016 Apr. 27, 2017 Dec. 1, 2017 Apr. 26, 2018 Dec. 1, 2018 Apr. 25, 2019 Dec. 1, 2019 Apr. 27, 2020 Dec. 1, 2020 Apr. 14, 2021 Dec. 1, 2021 Apr. 11, 2022 Dec. 1, 2022 Apr. 24, 2023 Dec. 1, 2023    Rule  1001. Scope of Rules and Forms; Short Title.  PART I. COMMENCEMENT OF CASE; PROCEEDINGS RELATING TO PETITION AND ORDER FOR RELIEF  1002. Commencement of Case.  1003. Involuntary Petition.  1004. Involuntary Petition Against a Partnership.  1004.1. Petition for an Infant or Incompetent Person.  1004.2. Petition in Chapter 15 Cases.  1005. Caption of Petition.  1006. Filing Fee.  1007. Lists, Schedules, Statements, and Other Documents; Time Limits.  1008. Verification of Petitions and Accompanying Papers.  1009. Amendments of Voluntary Petitions, Lists, Schedules and Statements.  1010. Service of Involuntary Petition and Summons.  1011. Responsive Pleading or Motion in Involuntary Cases.  1012. Responsive Pleading in Cross-Border Cases.  1013. Hearing and Disposition of a Petition in an Involuntary Case.  1014. Dismissal and Change of Venue.  1015. Consolidation or Joint Administration of Cases Pending in Same Court.  1016. Death or Incompetency of Debtor.  1017. Dismissal or Conversion of Case; Suspension.  1018. Contested Involuntary Petitions; Contested Petitions Commencing Chapter 15 Cases; Proceedings to Vacate Order for Relief; Applicability of Rules in Part VII Governing Adversary Proceedings.  1019. Conversion of a Chapter 11 Reorganization Case, Chapter 12 Family Farmers Debt Adjustment Case, or Chapter 13 Individuals Debt Adjustment Case to a Chapter 7 Liquidation Case.  1020. Chapter 11 Reorganization Case for Small Business Debtors.  1021. Health Care Business Case.  PART II. OFFICERS AND ADMINISTRATION; NOTICES; MEETINGS; EXAMINATIONS; ELECTIONS; ATTORNEYS AND ACCOUNTANTS  2001. Appointment of Interim Trustee Before Order for Relief in a Chapter 7 Liquidation Case.  2002. Notices to Creditors, Equity Security Holders, Administrators in Foreign Proceedings, Persons Against Whom Provisional Relief is Sought in Ancillary and Other Cross-Border Cases, United States, and United States Trustee.  2003. Meeting of Creditors or Equity Security Holders.  2004. Examination.  2005. Apprehension and Removal of Debtor to Compel Attendance for Examination.  2006. Solicitation and Voting of Proxies in Chapter 7 Liquidation Cases.  2007. Review of Appointment of Creditors Committee Organized Before Commencement of the Case.  2007.1. Appointment of Trustee or Examiner in a Chapter 11 Reorganization Case.  2007.2. Appointment of Patient Care Ombudsman in a Health Care Business Case.  2008. Notice to Trustee of Selection.  2009. Trustees for Estates When Joint Administration Ordered.  2010. Qualification by Trustee; Proceeding on Bond.  2011. Evidence of Debtor in Possession or Qualification of Trustee.  2012. Substitution of Trustee or Successor Trustee; Accounting.  2013. Public Record of Compensation Awarded to Trustees, Examiners, and Professionals.  2014. Employment of Professional Persons.  2015. Duty to Keep Records, Make Reports, and Give Notice of Case or Change of Status.  2015.1. Patient Care Ombudsman.  2015.2. Transfer of Patient in Health Care Business Case.  2015.3. Reports of Financial Information on Entities in Which a Chapter 11 Estate Holds a Controlling or Substantial Interest.  2016. Compensation for Services Rendered and Reimbursement of Expenses.  2017. Examination of Debtors Transactions with Debtors Attorney.  2018. Intervention; Right to Be Heard.  2019. Disclosure Regarding Creditors and Equity Security Holders in Chapter 9 and Chapter 11 Cases.  2020. Review of Acts by United States Trustee.  PART III. CLAIMS AND DISTRIBUTION TO CREDITORS AND EQUITY INTEREST HOLDERS; PLANS  3001. Proof of Claim.  3002. Filing Proof of Claim or Interest.  3002.1. Notice Relating to Claims Secured by Security Interest in the Debtors Principal Residence.  3003. Filing Proof of Claim or Equity Security Interest in Chapter 9 Municipality or Chapter 11 Reorganization Cases.  3004. Filing of Claims by Debtor or Trustee.  3005. Filing of Claim, Acceptance, or Rejection by Guarantor, Surety, Indorser, or Other Codebtor.  3006. Withdrawal of Claim; Effect on Acceptance or Rejection of Plan.  3007. Objections to Claims.  3008. Reconsideration of Claims.  3009. Declaration and Payment of Dividends in a Chapter 7 Liquidation Case.  3010. Small Dividends and Payments in Cases Under Chapter 7, Subchapter V of Chapter 11, Chapter 12, and Chapter 13.  3011. Unclaimed Funds in Cases Under Chapter 7, Subchapter V of Chapter 11, Chapter 12, and Chapter 13.  3012. Determining the Amount of Secured and Priority Claims.  3013. Classification of Claims and Interests.  3014. Election Under  1111(b) by Secured Creditor in Chapter 9 Municipality or Chapter 11 Reorganization Case.  3015. Filing, Objection to Confirmation, Effect of Confirmation, and Modification of a Plan in a Chapter 12 or a Chapter 13 Case.  3015.1. Requirements for a Local Form for Plans Filed in a Chapter 13 Case.  3016. Filing of Plan and Disclosure Statement in a Chapter 9 Municipality or Chapter 11 Reorganization Case.  3017. Court Consideration of Disclosure Statement in a Chapter 9 Municipality or Chapter 11 Reorganization Case.  3017.1. Court Consideration of Disclosure Statement in a Small Business Case or in a Case Under Subchapter V of Chapter 11.  3017.2. Fixing of Dates by the Court in Subchapter V Cases in Which There Is No Disclosure Statement.  3018. Acceptance or Rejection of Plan in a Chapter 9 Municipality or a Chapter 11 Reorganization Case.  3019. Modification of Accepted Plan in a Chapter 9 Municipality or a Chapter 11 Reorganization Case.  3020. Deposit; Confirmation of Plan in a Chapter 9 Municipality or Chapter 11 Reorganization Case.  3021. Distribution Under Plan.  3022. Final Decree in Chapter 11 Reorganization Case.  PART IV. THE DEBTOR: DUTIES AND BENEFITS  4001. Relief from Automatic Stay; Prohibiting or Conditioning the Use, Sale, or Lease of Property; Use of Cash Collateral; Obtaining Credit; Agreements.  4002. Duties of Debtor.  4003. Exemptions.  4004. Grant or Denial of Discharge.  4005. Burden of Proof in Objecting to Discharge.  4006. Notice of No Discharge.  4007. Determination of Dischargeability of a Debt.  4008. Filing of Reaffirmation Agreement; Statement in Support of Reaffirmation Agreement.  PART V. COURTS AND CLERKS  5001. Courts and Clerks Offices.  5002. Restrictions on Approval of Appointments.  5003. Records Kept By the Clerk.  5004. Disqualification.  5005. Filing and Transmittal of Papers.  5006. Certification of Copies of Papers.  5007. Record of Proceedings and Transcripts.  5008. Notice Regarding Presumption of Abuse in Chapter 7 Cases of Individual Debtors.  5009. Closing Chapter 7, Chapter 12, Chapter 13, and Chapter 15 Cases; Order Declaring Lien Satisfied.  5010. Reopening Cases.  5011. Withdrawal and Abstention from Hearing a Proceeding.  5012. Agreements Concerning Coordination of Proceedings in Chapter 15 Cases.  PART VI. COLLECTION AND LIQUIDATION OF THE ESTATE  6001. Burden of Proof As to Validity of Postpetition Transfer.  6002. Accounting by Prior Custodian of Property of the Estate.  6003. Interim and Final Relief Immediately Following the Commencement of the CaseApplications for Employment; Motions for Use, Sale, or Lease of Property; and Motions for Assumption or Assignment of Executory Contracts.  6004. Use, Sale, or Lease of Property.  6005. Appraisers and Auctioneers.  6006. Assumption, Rejection or Assignment of an Executory Contract or Unexpired Lease.  6007. Abandonment or Disposition of Property.  6008. Redemption of Property from Lien or Sale.  6009. Prosecution and Defense of Proceedings by Trustee or Debtor in Possession.  6010. Proceeding to Avoid Indemnifying Lien or Transfer to Surety.  6011. Disposal of Patient Records in Health Care Business Case.  PART VII. ADVERSARY PROCEEDINGS  7001. Scope of Rules of Part VII.  7002. References to Federal Rules of Civil Procedure.  7003. Commencement of Adversary Proceeding.  7004. Process; Service of Summons, Complaint.  7005. Service and Filing of Pleadings and Other Papers.  7007. Pleadings Allowed.  7007.1. Corporate Ownership Statement.  7008. General Rules of Pleading.  7009. Pleading Special Matters.  7010. Form of Pleadings.  7012. Defenses and ObjectionsWhen and How PresentedBy Pleading or MotionMotion for Judgment on the Pleadings.  7013. Counterclaim and Cross-Claim.  7014. Third-Party Practice.  7015. Amended and Supplemental Pleadings.  7016. Pretrial Procedures.  7017. Parties Plaintiff and Defendant; Capacity.  7018. Joinder of Claims and Remedies.  7019. Joinder of Persons Needed for Just Determination.  7020. Permissive Joinder of Parties.  7021. Misjoinder and Non-Joinder of Parties.  7022. Interpleader.  7023. Class Proceedings.  7023.1. Derivative Actions.  7023.2. Adversary Proceedings Relating to Unincorporated Associations.  7024. Intervention.  7025. Substitution of Parties.  7026. General Provisions Governing Discovery.  7027. Depositions Before Adversary Proceedings or Pending Appeal.  7028. Persons Before Whom Depositions May Be Taken.  7029. Stipulations Regarding Discovery Procedure.  7030. Depositions Upon Oral Examination.  7031. Deposition Upon Written Questions.  7032. Use of Depositions in Adversary Proceedings.  7033. Interrogatories to Parties.  7034. Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes.  7035. Physical and Mental Examination of Persons.  7036. Requests for Admission.  7037. Failure to Make Discovery: Sanctions.  7040. Assignment of Cases for Trial.  7041. Dismissal of Adversary Proceedings.  7042. Consolidation of Adversary Proceedings; Separate Trials.  7052. Findings by the Court.  7054. Judgments; Costs.  7055. Default.  7056. Summary Judgment.  7058. Entering Judgment in Adversary Proceeding.  7062. Stay of Proceedings to Enforce a Judgment.  7064. Seizure of Person or Property.  7065. Injunctions.  7067. Deposit in Court.  7068. Offer of Judgment.  7069. Execution.  7070. Judgment for Specific Acts; Vesting Title.  7071. Process in Behalf of and Against Persons Not Parties.  7087. Transfer of Adversary Proceeding.  PART VIII. APPEALS TO DISTRICT COURT OR BANKRUPTCY APPELLATE PANEL  8001. Scope of Part VIII Rules; Definition of BAP; Method of Transmission.  8002. Time for Filing Notice of Appeal.  8003. Appeal as of RightHow Taken; Docketing the Appeal.  8004. Appeal by LeaveHow Taken; Docketing the Appeal.  8005. Election to Have an Appeal Heard by the District Court Instead of the BAP.  8006. Certifying a Direct Appeal to the Court of Appeals.  8007. Stay Pending Appeal; Bonds; Suspension of Proceedings.  8008. Indicative Rulings.  8009. Record on Appeal; Sealed Documents.  8010. Completing and Transmitting the Record.  8011. Filing and Service; Signature.  8012. Disclosure Statement.  8013. Motions; Intervention.  8014. Briefs.  8015. Form and Length of Briefs; Form of Appendices and Other Papers.  8016. Cross-Appeals.  8017. Brief of an Amicus Curiae.  8018. Serving and Filing Briefs; Appendices.  8018.1. District-Court Review of a Judgment that the Bankruptcy Court Lacked the Constitutional Authority to Enter.  8019. Oral Argument.  8020. Frivolous Appeal and Other Misconduct.  8021. Costs.  8022. Motion for Rehearing.  8023. Voluntary Dismissal.  8024. Clerks Duties on Disposition of the Appeal.  8025. Stay of a District Court or BAP Judgment.  8026. Rules by Circuit Councils and District Courts; Procedure When There is No Controlling Law.  8027. Notice of a Mediation Procedure.  8028. Suspension of Rules in Part VIII.  PART IX. GENERAL PROVISIONS  9001. General Definitions.  9002. Meanings of Words in the Federal Rules of Civil Procedure When Applicable to Cases under the Code.  9003. Prohibition of Ex Parte Contacts.  9004. General Requirements of Form.  9005. Harmless Error.  9005.1. Constitutional Challenge to a StatuteNotice, Certification, and Intervention.  9006. Computing and Extending Time; Time for Motion Papers.  9007. General Authority to Regulate Notices.  9008. Service or Notice by Publication.  9009. Forms.  9010. Representation and Appearances; Powers of Attorney.  9011. Signing of Papers; Representations to the Court; Sanctions; Verification and Copies of Papers.  9012. Oaths and Affirmations.  9013. Motions: Form and Service.  9014. Contested Matters.  9015. Jury Trials.  9016. Subpoena.  9017. Evidence.  9018. Secret, Confidential, Scandalous, or Defamatory Matter.  9019. Compromise and Arbitration.  9020. Contempt Proceedings.  9021. Entry of Judgment.  9022. Notice of Judgment or Order.  9023. New Trials; Amendment of Judgments.  9024. Relief from Judgment or Order.  9025. Security: Proceedings Against Security Providers.  9026. Exceptions Unnecessary.  9027. Removal.  9028. Disability of a Judge.  9029. Local Bankruptcy Rules; Procedure When There is No Controlling Law.  9030. Jurisdiction and Venue Unaffected.  9031. Masters Not Authorized.  9032. Effect of Amendment of Federal Rules of Civil Procedure.  9033. Proposed Findings of Fact and Conclusions of Law.  9034. Transmittal of Pleadings, Motion Papers, Objections, and Other Papers to the United States Trustee.  9035. Applicability of Rules in Judicial Districts in Alabama and North Carolina.  9036. Notice and Service by Electronic Transmission.  9037. Privacy Protection For Filings Made with the Court.  9038. Bankruptcy Rules Emergency.  PART X. [ABROGATED] Effective Date; Application; Supersedure of Prior Rules; Transmission to Congress Sections 2 to 4 of the Order of the Supreme Court, dated Apr. 25, 1983 2. That the aforementioned Bankruptcy Rules shall take effect on August 1, 1983 3. That the Bankruptcy Rules, heretofore prescribed by this Court, be, and they hereby are, superseded by the new rules, effective August 1, 1983 4. That the Chief Justice be, and he hereby is, authorized to transmit these new Bankruptcy Rules to the Congress in accordance with the provisions of Section 2075 of Title 28 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, administered, and employed by the court and the parties to secure the just, speedy, and inexpensive determination of every case and proceeding. (As amended Mar. 30, 1987 Aug. 1, 1987 Apr. 30, 1991 Aug. 1, 1991 Apr. 27, 2017 Dec. 1, 2017  Notes of Advisory Committee on Rules1983 Section 247 of Public Law 95598 92 Stat. 2549 Bankruptcy 28 U.S.C.  151 establishes a United States Bankruptcy Court in each district as an adjunct to the district court. This provision does not, however, become effective until April 1, 1984 Public Law 95598,  402(b) October 1, 1979 March 31, 1984 Public Law 95598,  404(a) Bankruptcy Code or Code as used in these rules means title 11 of the United States Code, the codification of the bankruptcy law. Public Law 95598,  101 Bankruptcy Act as used in the notes to these rules means the Bankruptcy Act of 1898 as amended which was repealed by  401(a) of Public Law 95598 These rules apply to all cases filed under the Code except as otherwise specifically stated. The final sentence of the rule is derived from former Bankruptcy Rule 903. The objective of expeditious and economical administration of cases under the Code has frequently been recognized by the courts to be a chief purpose of the bankruptcy laws. See Katchen v. Landy Bailey v. Glover Ex parte Christy Federal Practice Federal Practice and Procedure-Civil Notes of Advisory Committee on Rules1987 Amendment Title I of the Bankruptcy Amendments and Federal Judgeship Act of 1984, Pub. L. No. 98353, 98 Stat. 333 Pursuant to 28 U.S.C.  157(a) the district court may but need not refer cases and proceedings within the district courts jurisdiction to the bankruptcy judges for the district. Judgments or orders of the bankruptcy judges entered pursuant to 28 U.S.C.  157(b)(1) and (c)(2) are subject to appellate review by the district courts or bankruptcy appellate panels under 28 U.S.C.  158(a). Rule 81(a)(1) F.R.Civ.P. provides that the civil rules do not apply to proceedings in bankruptcy, except as they may be made applicable by rules promulgated by the Supreme Court, e.g Notes of Advisory Committee on Rules1991 Amendment The citation to these rules is amended to conform to the citation form of the Federal Rules of Civil Procedure, Federal Rules of Appellate Procedure, and Federal Rules of Criminal Procedure. Committee Notes on Rules2017 Amendment The last sentence of the rule is amended to incorporate the changes to Rule 1 F.R.Civ.P. made in 1993 and 2015. The word administered is added to recognize the affirmative duty of the court to exercise the authority conferred by these rules to ensure that bankruptcy cases and the proceedings within them are resolved not only fairly, but also without undue cost or delay. As officers of the court, attorneys share this responsibility with the judge to whom the case is assigned. The addition of the phrase employed by the court and the parties emphasizes that parties share in the duty of using the rules to secure the just, speedy, and inexpensive determination of every case and proceeding. Achievement of this goal depends upon cooperative and proportional use of procedure by lawyers and parties. This amendment does not create a new or independent source of sanctions. Nor does it abridge the scope of any other of these rules. 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 Aug. 1, 1987 Apr. 30, 1991 Aug. 1, 1991  Notes of Advisory Committee on Rules1983 Under  301303 of the Code, a voluntary or involuntary case is commenced by filing a petition with the bankruptcy court. The voluntary petition may request relief under chapter 7, 9, 11, or 13 whereas an involuntary petition may be filed only under chapter 7 or 11. Section 109 of the Code specifies the types of debtors for whom the different forms of relief are available and  303(a) indicates the persons against whom involuntary petitions may be filed. The rule in subdivision (a) is in harmony with the Code in that it requires the filing to be with the bankruptcy court. The number of copies of the petition to be filed is specified in this rule but a local rule may require additional copies. This rule provides for filing sufficient copies for the courts files and for the trustee in a chapter 7 or 13 case. Official Form No. 1 may be used to seek relief voluntarily under any of the chapters. Only the original need be signed and verified, but the copies must be conformed to the original. See Rules 1008 and 9011(c). As provided in  362(a) of the Code, the filing of a petition acts as a stay of certain acts and proceedings against the debtor, property of the debtor, and property of the estate. Notes of Advisory Committee on Rules1987 Amendment Rules 1002(a), governing a voluntary petition, 1003(a), governing an involuntary petition, and 1003(e), governing a petition in a case ancillary to a foreign proceeding, are combined into this Rule 1002. If a bankruptcy clerk has been appointed for the district, the petition is filed with the bankruptcy clerk. Otherwise, the petition is filed with the clerk of the district court. The elimination of the reference to the Official Forms of the petition is not intended to change the practice. Rule 9009 provides that the Official Forms shall be observed and used in cases and proceedings under the Code. Subdivision (b) The number of copies of a petition that must be filed is a matter for local rule. Notes of Advisory Committee on Rules1991 Amendment Subdivision (b) Notwithstanding subdivision (b), pursuant to Rule 5005(b)(3), the clerk is not required to transmit a copy of the petition to the United States trustee if the United States trustee requests that it not be transmitted. Many rules require the clerk to transmit a certain document to the United States trustee, but Rule 5005(b)(3) relieves the clerk of that duty under this or any other rule if the United States trustee requests that such document not be transmitted. 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  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 Aug. 1, 1987  Notes of Advisory Committee on Rules1983 Subdivision (a) Although the number of copies to be filed is specified in Rule 1002, a local rule may require additional copies. Only the original need be signed and verified, but the copies must be conformed to the original. See Rules 1008 and 9011(c). The petition must be filed with the bankruptcy court. This provision implements  303(b) which provides that an involuntary case is commenced by filing the petition with the court. As provided in  362 of the Code, the filing of the petition acts as a stay of certain acts and proceedings against the debtor, the debtors property and property of the estate. Subdivision (c) Section 303(b) is not intended to overrule Bankruptcy Rule 104(d), which places certain restrictions on the transfer of claims for the purpose of commencing an involuntary case. House Report No. 95595, 95th Cong., 1st Sess. (1977) 322; Senate Report No. 95989, 95th Cong., 2d Sess. (1978) 33. The subdivision requires disclosure of any transfer of the petitioners claim as well as a transfer to the petitioner and applies to transfers for security as well as unconditional transfers, Cf. In re 69th & Crandon Bldg. Corp Subdivision (d) Subdivision (e) Section 304(b) permits a petition filed thereunder to be contested by a party in interest. Subdivision (e)(2) therefore requires that the summons and petition be served on any person against whom the relief permitted by  304(b) is sought as well as on any other party the court may direct. The rules applicable to the procedure when an involuntary petition is filed are made applicable generally when a case ancillary to a foreign proceeding is commenced. These rules include Rule 1010 with respect to issuance and service of a summons, Rule 1011 concerning responsive pleadings and motions, and Rule 1018 which makes various rules in Part VII applicable in proceedings on contested petitions. The venue for a case ancillary to a foreign proceeding is provided in 28 U.S.C.  1474. Notes of Advisory Committee on Rules1987 Amendment The subject matter of subdivisions (a), (b), and (e) has been incorporated in Rules 1002, 1010, 1011, and 1018. Rule 1004. Involuntary Petition Against a Partnership  After filing of an involuntary petition under  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 Dec. 1, 2002  Notes of Advisory Committee on Rules1983 This rule is adapted from former Bankruptcy Rule 105 and complements  301 and 303(b)(3) of the Code. Subdivision (a) Subdivision (b) Committee Notes on Rules2002 Amendment Section 303(b)(3)(A) of the Code provides that fewer than all of the general partners in a partnership may commence an involuntary case against the partnership. There is no counterpart provision in the Code setting out the manner in which a partnership commences a voluntary case. The Supreme Court has held in the corporate context that applicable nonbankruptcy law determines whether authority exists for a particular debtor to commence a bankruptcy case. See Price v. Gurney See, e.g., Jolly v. Pittore Union Planters National Bank v. Hunters Horn Associates In re Channel 64 Joint Venture The rule is retitled to reflect that it applies only to involuntary petitions filed against partnerships. Changes Made After Publication and Comments 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 Dec. 1, 2002  Committee Notes on Rules2002 This rule is derived from Rule 17(c) F.R. Civ. P. It does not address the commencement of a case filed on behalf of a missing person. See, e.g., In re King Changes Made After Publication and Comments Rule 1004.2. Petition in Chapter 15 Cases (a) Designating Center of Main Interests. A petition for recognition of a foreign proceeding under chapter 15 of the Code shall state the country where the debtor has its center of main interests. The petition shall also identify each country in which a foreign proceeding by, regarding, or against the debtor is pending. (b) Challenging Designation. The United States trustee or a party in interest may file a motion for a determination that the debtors center of main interests is other than as stated in the petition for recognition commencing the chapter 15 case. Unless the court orders otherwise, the motion shall be filed no later than seven days before the date set for the hearing on the petition. The motion shall be transmitted to the United States trustee and served on 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 was a party as of the time the petition was filed, and such other entities as the court may direct. (Added Apr. 26, 2011 Dec. 1, 2011  Committee Notes on Rules2011 This rule is new. Subdivision (a) directs any entity that files a petition for recognition of a foreign proceeding under chapter 15 of the Code to state in the petition the center of the debtors main interests. The petition must also list each country in which a foreign proceeding involving the debtor is pending. This information will assist the court and parties in interest in determining whether the foreign proceeding is a foreign main or nonmain proceeding. Subdivision (b) sets a deadline of seven days prior to the hearing on the petition for recognition for filing a motion challenging the statement in the petition regarding the country in which the debtors center of main interests is located. Changes Made After Publication The rule as revised was published in August 2009. Minor stylistic changes were made to the rules language and the Committee Note following that publication. No comments were submitted on proposed Rule 1004.2 after its republication in August 2009. 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 debtors 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 Aug. 1, 1987 Mar. 27, 2003 Dec. 1, 2003 Apr. 23, 2008 Dec. 1, 2008  Notes of Advisory Committee on Rules1983 The title of the case should include all names used by the debtor, such as trade names, former married names and maiden name. See also Official Form No. 1 and the Advisory Committee Note to that Form. Additional names of the debtor are also required to appear in the caption of each notice to creditors. See Rule 2002(m). Committee Notes on Rules2003 Amendment The rule is amended to implement the Judicial Conference policy to limit the disclosure of a partys social security number and similar identifiers. Under the rule, as amended, only the last four digits of the debtors social security number need be disclosed. Publication of the employer identification number does not present the same identity theft or privacy protection issues. Therefore, the caption must include the full employer identification number. Debtors must submit with the petition a statement setting out their social security numbers. This enables the clerk to include the full social security number on the notice of the section 341 meeting of creditors, but the statement itself is not submitted in the case or maintained in the case file. Changes Made After Publication and Comments Committee Notes on Rules2008 Amendment The rule is amended to require the disclosure of all names used by the debtor in the past eight years. Section 727(a)(8) was amended in 2005 to extend the time between chapter 7 discharges from six to eight years, and the rule is amended to implement that change. The rule also is amended to require the disclosure of the last four digits of an individual debtors taxpayer-identification number. This truncation of the number applies only to individual debtors. This is consistent with the requirements of Rule 9037. Changes Made After Publication 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 (2)  Action on Application (3)  Postponement of Attorneys Fees (c)  Waiver of Filing Fee A voluntary chapter 7 petition filed by an individual shall be accepted for filing if accompanied by the debtors application requesting a waiver under 28 U.S.C.  1930(f), prepared as prescribed by the appropriate Official Form. (As amended Mar. 30, 1987 Aug. 1, 1987 Apr. 23, 1996 Dec. 1, 1996 Apr. 23, 2008 Dec. 1, 2008 Apr. 27, 2017 Dec. 1, 2017  Notes of Advisory Committee on Rules1983 28 U.S.C.  1930 specifies the filing fees for petitions under chapters 7, 9, 11 and 13 of the Code. It also permits the payment in installments by individual debtors. Subdivision (b) In re Latham In re Darr Notes of Advisory Committee on Rules1987 Amendment Subdivision (b)(3) Notes of Advisory Committee on Rules1996 Amendment The Judicial Conference prescribes miscellaneous fees pursuant to 28 U.S.C.  1930(b). In 1992, a $30 miscellaneous administrative fee was prescribed for all chapter 7 and chapter 13 cases. The Judicial Conference fee schedule was amended in 1993 to provide that an individual debtor may pay this fee in installments. Subdivision (a) GAP Report on Rule 1006 Committee Notes on Rules2008 Amendment Subdivision (a) is amended to include a reference to new subdivision (c), which deals with fee waivers under 28 U.S.C.  1930(f), which was added in 2005. Subdivision (b)(1) is amended to delete the sentence requiring a disclosure that the debtor has not paid an attorney or other person in connection with the case. Inability to pay the filing fee in installments is one of the requirements for a fee waiver under the 2005 revisions to 28 U.S.C.  1930(f). If the attorney payment prohibition were retained, payment of an attorneys fee would render many debtors ineligible for installment payments and thus enhance their eligibility for the fee waiver. The deletion of this prohibition from the rule, which was not statutorily required, ensures that debtors who have the financial ability to pay the fee in installments will do so rather than request a waiver. Subdivision (b)(3) is amended in conformance with the changes to subdivision (b)(1) to reflect the 2005 amendments. The change is meant to clarify that subdivision (b)(3) refers to payments made after the debtor has filed the bankruptcy case and after the debtor has received permission to pay the fee in installments. Otherwise, the subdivision may conflict with the intent and effect of the amendments to subdivision (b)(1). Changes Made After Publication Committee Notes on Rules2017 Amendment Subdivision (b)(1) is amended to clarify that an individual debtors voluntary petition, accompanied by an application to pay the filing fee in installments, must be accepted for filing, even if the court requires the initial installment to be paid at the time the petition is filed and the debtor fails to make that payment. Because the debtors bankruptcy case is commenced upon the filing of the petition, dismissal of the case due to the debtors failure to make the initial or a subsequent installment payment is governed by Rule 1017(b)(1). 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 (2)  Involuntary Case (3)  Equity Security Holders (4)  Chapter 15 Case (5)  Extension of Time (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 debtors 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 (unless under subchapter V) 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) Unless an approved provider of an instructional course concerning personal financial management has notified the court that a debtor has completed the course after filing the petition: (A) An individual debtor in a chapter 7 or chapter 13 case shall file a statement of completion of the course, prepared as prescribed by the appropriate Official Form; and (B) An individual debtor in a chapter 11 case shall file the statement if  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 14 days thereafter, except as otherwise provided in subdivisions (d), (e), (f), and (h) of this rule. In an involuntary case, the schedules, statements, and other documents required by subdivision (b)(1) shall be filed by the debtor within 14 days after 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 60 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), 1 1 (d)  List of Largest Creditors in Chapter Municipality Case or Chapter 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  303(h) of the Code. (e)  List in Chapter 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 debtors 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  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 debtors 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 farmers 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. This duty to file a supplemental schedule continues even after the case is closed, except for property acquired after an order is entered: (1) confirming a chapter 11 plan (other than one confirmed under  1191(b)); or (2) discharging the debtor in a chapter 12 case, a chapter 13 case, or a case under subchapter V of chapter 11 in which the plan is confirmed under  1191(b). (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 Aug. 1, 1987 Apr. 30, 1991 Aug. 1, 1991 Apr. 23, 1996 Dec. 1, 1996 Apr. 23, 2001 Dec. 1, 2001 Mar. 27, 2003 Dec. 1, 2003 Apr. 25, 2005 Dec. 1, 2005 Apr. 23, 2008 Dec. 1, 2008 Mar. 26, 2009 Dec. 1, 2009 Apr. 28, 2010 Dec. 1, 2010 Apr. 23, 2012 Dec. 1, 2012 Apr. 16, 2013 Dec. 1, 2013 Apr. 29, 2015 Dec. 1, 2015 Apr. 11, 2022 Dec. 1, 2022  Notes of Advisory Committee on Rules1983 This rule is an adaptation of former Rules 108, 8106, 10108 and 1111. As specified in the rule, it is applicable in all types of cases filed under the Code. Subdivision (a) Subdivision (b) Subdivisions (c) and (f) Subdivision (d) Subdivision (e) Subdivision (g) Subdivision (h) Subdivisions (i) and (j) Subdivision (k) Notes of Advisory Committee on Rules1987 Amendment Subdivisions (b), (c), and (g) The time for filing the statement of intention is governed by  521(2)(A). A copy of the statement of intention must be served on the trustee and the creditors named in the statement within the same time. The provisions of subdivision (c) governing the time for filing when a chapter 11 or chapter 13 case is converted to a chapter 7 case have been omitted from subdivision (c) as amended. Filing after conversion is now governed exclusively by Rule 1019. Subdivision (f) Subdivision (h) Subdivision (k) Notes of Advisory Committee on Rules1991 Amendment References to Official Form numbers and to the Chapter 13 Statement are deleted and subdivision (b) is amended in anticipation of future revision and renumbering of the Official Forms. The debtor in a chapter 12 or chapter 13 case shall file the list, schedules and statements required in subdivisions (a)(1), (b)(1), and (h). It is expected that the information currently provided in the Chapter 13 Statement will be included in the schedules and statements as revised not later than the effective date of these rule amendments. Subdivisions (a)(4) and (c) The additions of references to unexpired leases in subdivisions (b)(1) and (g) indicate that the schedule requires the inclusion of unexpired leases as well as other executory contracts. The words with the court in subdivisions (b)(1), (e), and (g) are deleted as unnecessary. See Rules 5005(a) and 9001(3). Subdivision (l) Notes of Advisory Committee on Rules1996 Amendment Subdivision (c) This subdivision also contains a technical correction. The phrase superseded case creates the erroneous impression that conversion of a case results in a new case that is distinct from the original case. The effect of conversion of a case is governed by  348 of the Code. GAP Report on Rule 1007(c) Committee Notes on Rules2001 Amendment Subdivision (m) The proper mailing address of the representative is determined in accordance with Rule 7004(b)(2), which requires mailing to the persons dwelling house or usual place of abode or at the place where the person regularly conducts a business or profession. Changes Made After Publication and Comments Committee Notes on Rules2003 Amendment [ Subdivision (a) Changes Made After Publication and Comments [ Subdivisions (c) and (f) Changes Made After Publication and Comments Committee Notes on Rules2005 Amendment Notice to creditors and other parties in interest is essential to the operation of the bankruptcy system. Sending notice requires a convenient listing of the names and addresses of the entities to whom notice must be sent, and virtually all of the bankruptcy courts have adopted a local rule requiring the submission of a list of these entities with the petition and in a particular format. These lists are commonly called the mailing matrix. Given the universal adoption of these local rules, the need for such lists in all cases is apparent. Consequently, the rule is amended to require the debtor to submit such a list at the commencement of the case. This list may be amended when necessary. See The content of the list is described by reference to Schedules D through H of the Official Forms rather than by reference to creditors or persons holding claims. The cross reference to the Schedules as the source of the names for inclusion in the list ensures that persons such as codebtors or nondebtor parties to executory contracts and unexpired leases will receive appropriate notices in the case. While this rule renders unnecessary, in part, local rules on the subject, this rule does not direct any particular format or form for the list to take. Local rules still may govern those particulars of the list. Subdivision (c) is amended to reflect that subdivision (a)(1) no longer requires the debtor to file a schedule of liabilities with the petition in lieu of a list of creditors. The filing of the list is mandatory, and subdivision (b) of the rule requires the filing of schedules. Thus, subdivision (c) no longer needs to account for the possibility that the debtor can delay filing a schedule of liabilities when the petition is accompanied by a list of creditors. Subdivision (c) simply addresses the situation in which the debtor does not file schedules or statements with the petition, and the procedure for seeking an extension of time for filing. Other changes are stylistic. Changes Made After Publication and Comment Committee Notes on Rules2008 Amendment The title of this rule is expanded to refer to documents in conformity with the 2005 amendments to  521 and related provisions of the Bankruptcy Code that include a wider range of documentary requirements. Subdivision (a) is amended to require that any foreign representative filing a petition for recognition to commence a case under chapter 15, which was added to the Code in 2005, file a list of entities with whom the debtor is engaged in litigation in the United States. The foreign representative filing the petition for recognition must also list any entities against whom provisional relief is being sought as well as all persons or bodies authorized to administer foreign proceedings of the debtor. This should ensure that entities most interested in the case, or their representatives, will receive notice of the petition under Rule 2002(q). Subdivision (a)(4) is amended to require the foreign representative who files a petition for recognition under chapter 15 to file the documents described in  1515 of the Code as well as a corporate ownership statement. The subdivision is also amended to identify the foreign representative in language that more closely follows the text of the Code. Former subdivision (a)(4) is renumbered as subdivision (a)(5) and stylistic changes were made to the subdivision. Subdivision (b)(1) addresses schedules, statements, and other documents that the debtor must file unless the court orders otherwise and other than in a case under chapter 9. This subdivision is amended to include documentary requirements added by the 2005 amendments to  521 that apply to the same group of debtors and have the same time limits as the existing requirements of (b)(1). Consistent with the E-Government Act of 2002, Pub. L. No. 107347, the payment advices should be redacted before they are filed. Subdivision (b)(2) is amended to conform to the renumbering of the subsections of  521. Subdivisions (b)(3) through (b)(8) are new and implement the 2005 amendments to the Code. Subdivision (b)(3) provides for the filing of a document relating to the credit counseling requirement provided by the 2005 amendments to  109 in the context of an Official Form that warns the debtor of the consequences of failing to comply with the credit counseling requirement. Subdivision (b)(4) addresses the filing of information about current monthly income, as defined in  101, for certain chapter 7 debtors and, if required, additional calculations of expenses required by the 2005 amendments to  707(b). Subdivision (b)(5) addresses the filing of information about current monthly income, as defined in  101, for individual chapter 11 debtors. The 2005 amendments to  1129(a)(15) condition plan confirmation for individual debtors on the commitment of disposable income, as defined in  1325(b)(2), which is based on current monthly income. Subdivision (b)(6) addresses the filing of information about current monthly income, as defined in  101, for chapter 13 debtors and, if required, additional calculations of expenses. These changes are necessary because the 2005 amendments to  1325 require that the determination of disposable income begin with current monthly income. Subdivision (b)(7) reflects the 2005 amendments to  727 and 1328 of the Code that condition the receipt of a discharge on the completion of a personal financial management course, with certain exceptions. Certain individual chapter 11 debtors may also be required to complete a personal financial management course under  727(a)(11) as incorporated by  1141(d)(3)(C). To evidence compliance with that requirement, the subdivision requires the debtor to file the appropriate Official Form certifying that the debtor has completed the personal financial management course. Subdivision (b)(8) requires an individual debtor in a case under chapter 11, 12, or 13 to file a statement that there are no reasonable grounds to believe that the restrictions on a homestead exemption as set out in  522(q) of the Code are applicable. Sections 1141(d)(5)(C), 1228(f), and 1328(h) each provide that the court shall not enter a discharge order unless it finds that there is no reasonable cause to believe that  522(q) applies. Requiring the debtor to submit a statement to that effect in cases under chapters 11, 12, and 13 in which an exemption is claimed in excess of the amount allowed under  522(q)(1) provides the court with a basis to conclude, in the absence of any contrary information, that  522(q) does not apply. Creditors receive notice under Rule 2002(f)(11) of the time to request postponement of the entry of the discharge to permit an opportunity to challenge the debtors assertions in the Rule 1007(b)(8) statement in appropriate cases. Subdivision (c) is amended to include time limits for the filing requirements added to subdivision (b) due to the 2005 amendments to the Code, and to make conforming amendments. Separate time limits are provided for the documentation of credit counseling and for the statement of the completion of the financial management course. While most documents relating to credit counseling must be filed with the voluntary petition, the credit counseling certificate and debt repayment plan can be filed within 15 days of the filing of a voluntary petition if the debtor files a statement under subdivision (b)(3)(B) with the petition. Sections 727(a)(11), 1141(d)(3), and 1328(g) of the Code require individual debtors to complete a personal financial management course prior to the entry of a discharge. The amendment allows the court to enlarge the deadline for the debtor to file the statement of completion. Because no party is harmed by the enlargement, no specific restriction is placed on the courts discretion to enlarge the deadline, even after its expiration. Subdivision (c) of the rule is also amended to recognize the limitation on the extension of time to file schedules and statements when the debtor is a small business debtor. Section 1116(3), added to the Code in 2005, establishes a specific standard for courts to apply in the event that the debtor in possession or the trustee seeks an extension for filing these forms for a period beyond 30 days after the order for relief. Changes Made After Publication Committee Notes on Rules2009 Amendment The rule is amended to implement changes in connection with the amendment to Rule 9006(a) and the manner by which time is computed under the rules. Each deadline in the rule of fewer than 30 days is amended to substitute a deadline that is a multiple of seven days. Throughout the rules, deadlines are amended in the following manner:  5-day periods become 7-day periods  10-day periods become 14-day periods  15-day periods become 14-day periods  20-day periods become 21-day periods  25-day periods become 28-day periods Committee Notes on Rules2010 Amendment Subdivision (a)(2) Subdivision (c) Changes Made After Publication Committee Notes on Rules2012 Amendment Subdivision (c) Committee Notes on Rules2013 Amendment Subdivision (b)(7) is amended to relieve an individual debtor of the obligation to file a statement of completion of a personal financial management course if the course provider notifies the court that the debtor has completed the course. Course providers approved under  111 of the Code may be permitted to file this notification electronically with the court immediately upon the debtors completion of the course. If the provider does not notify the court, the debtor must file the statement, prepared as prescribed by the appropriate Official Form, within the time period specified by subdivision (c). Changes Made After Publication and Comment Committee Notes on Rules2015 Amendment In subdivisions (a)(1) and (a)(2), the references to Schedules are amended to reflect the new designations adopted as part of the Forms Modernization Project. Committee Notes on Rules2022 Amendment The rule is amended in response to the enactment of the Small Business Reorganization Act of 2019, Pub. L. No. 11654, 133 Stat. 1079 Subdivision (h) is amended to provide that the duty to file a supplemental schedule under the rule terminates upon confirmation of the plan in a subchapter V case, unless the plan is confirmed under  1191(b), in which case it terminates upon discharge as provided in  1192. 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.  1746. (As amended Apr. 30, 1991 Aug. 1, 1991  Notes of Advisory Committee on Rules1983 This rule retains the requirement under the Bankruptcy Act and rules that petitions and accompanying papers must be verified. Only the original need be signed and verified, but the copies must be conformed to the original. See Rule 9011(c). The verification may be replaced by an unsworn declaration as provided in 28 U.S.C.  1746. See also, Official Form No. 1 and Advisory Committee Note. Notes of Advisory Committee on Rules1991 Amendment The amendments to this rule are stylistic. 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  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 Aug. 1, 1987 Apr. 30, 1991 Aug. 1, 1991 Apr. 12, 2006 Dec. 1, 2006 Apr. 23, 2008 Dec. 1, 2008  Notes of Advisory Committee on Rules1983 This rule continues the permissive approach adopted by former Bankruptcy Rule 110 to amendments of voluntary petitions and accompanying papers. Notice of any amendment is required to be given to the trustee. This is particularly important with respect to any amendment of the schedule of property affecting the debtors claim of exemptions. Notice of any amendment of the schedule of liabilities is to be given to any creditor whose claim is changed or newly listed. The rule does not continue the provision permitting the court to order an amendment on its own initiative. Absent a request in some form by a party in interest, the court should not be involved in administrative matters affecting the estate. If a list or schedule is amended to include an additional creditor, the effect on the dischargeability of the creditors claim is governed by the provisions of  523(a)(3) of the Code. Notes of Advisory Committee on Rules1987 Amendment Subdivision (a) Subdivision (b) Notes of Advisory Committee on Rules1991 Amendment The amendments to subdivision (a) are stylistic. Subdivision (c) Committee Notes on Rules2006 Amendment Subdivision (c). Subdivision (d). Other amendments are stylistic. Changes Made After Publication. Committee Notes on Rules2008 Amendment Subdivision (b) is amended to conform to the 2005 amendments to  521 of the Code. Changes Made After Publication Rule 1010. Service of Involuntary Petition and Summons (a)  Service of Involuntary Petition and Summons On the filing of an involuntary petition, the clerk shall forthwith issue a summons for service. When an involuntary petition is filed, service shall be made on the debtor. 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 partys 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 (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 Aug. 1, 1987 Apr. 30, 1991 Aug. 1, 1991 Apr. 22, 1993 Aug. 1, 1993 Apr. 11, 1997 Dec. 1, 1997 Apr. 23, 2008 Dec. 1, 2008 Apr. 28, 2016 Dec. 1, 2016  Notes of Advisory Committee on Rules1983 This rule provides the procedure for service of the involuntary petition and summons. It does not deal with service of a summons and complaint instituting an adversary proceeding pursuant to Part VII. While this rule is similar to former Bankruptcy Rule 111, it substitutes the clerk of the bankruptcy court for the clerk of the district court as the person who is to issue the summons. The modes of service prescribed by the rule are personal or by mail, when service can be effected in one of these ways in the United States. Such service is to be made in the manner prescribed in adversary proceedings by Rule 7004(a) and (b). If service must be made in a foreign country, the mode of service is one of that set forth in Rule 4(i) F.R.Civ.P. When the methods set out in Rule 7004(a) and (b) cannot be utilized, service by publication coupled with mailing to the last known address is authorized. Cf There are no territorial limits on the service authorized by this rule, which continues the practice under the former rules and Act. There must, however, be a basis for jurisdiction pursuant to  109(a) of the Code for the court to order relief. Venue provisions are set forth in 28 U.S.C.  1472. Subdivision (f) of Rule 7004 and subdivisions (g) and (h) of Rule 4 F.R.Civ.P. govern time and proof of service and amendment of process or of proof of service. Rule 1004 provides for transmission to nonpetitioning partners of a petition filed against the partnership by fewer than all the general partners. Notes of Advisory Committee on Rules1987 Amendment The rule has been broadened to include service of a petition commencing a case ancillary to a foreign proceeding, previously included in Rule 1003(e)(2). Notes of Advisory Committee on Rules1991 Amendment Reference to the Official Form number is deleted in anticipation of future revision and renumbering of the Official Forms. Rule 4(g) and (h) F.R.Civ.P. made applicable by this rule refers to Rule 4(g) and (h) F.R.Civ.P. in effect on January 1, 1990 Notes of Advisory Committee on Rules1993 Amendment This rule is amended to delete the reference to the Official Form. The Official Form for the summons was abrogated in 1991. Other amendments are stylistic and make no substantive change. Notes of Advisory Committee on Rules1997 Amendment The amendments to this rule are technical, are promulgated solely to conform to changes in subdivision designations in Rule 4, F.R.Civ.P., and in Rule 7004, and are not intended to effectuate any material change in substance. In 1996, the letter designation of subdivision (f) of Rule 7004 (Summons; Time Limit for Service) was changed to subdivision (e). In 1993, the provisions of Rule 4, F.R.Civ.P., relating to proof of service contained in Rule 4(g) (Return) and Rule 4(h) (Amendments), were placed in the new subdivision ( l The 1996 amendments to Rule 7004 and the 1993 amendments to Rule 4, F.R.Civ.P., have not affected the availability of service by first class mail in accordance with Rule 7004(b) for the service of a summons and petition in an involuntary case commenced under  303 or an ancillary case commenced under  304 of the Code. GAP Report on Rule 1010 Committee Notes on Rules2008 Amendment This rule is amended to implement the 2005 amendments to the Code, which repealed  304 and replaced it with chapter 15 governing ancillary and other cross-border cases. Under chapter 15, a foreign representative commences a case by filing a petition for recognition of a pending foreign nonmain proceeding. The amendment requires service of the summons and petition on the debtor and any entity against whom the representative is seeking provisional relief. Until the court enters a recognition order under  1517, no stay is in effect unless the court enters some form of provisional relief under  1519. Thus, only those entities against whom specific provisional relief is sought need to be served. The court may, however, direct that service be made on additional entities as appropriate. This rule does not apply to a petition for recognition of a foreign main proceeding. The rule is also amended by renumbering the prior rule as subdivision (a) and adding a new subdivision (b) requiring any corporate creditor that files or joins an involuntary petition to file a corporate ownership statement. Changes Made After Publication Committee Notes on Rules2016 Amendment Subdivision (a) of this rule is amended to remove provisions regarding the issuance of a summons for service in certain chapter 15 proceedings. The requirements for notice and service in chapter 15 proceedings are found in Rule 2002(q).  References in Text The Federal Rules of Civil Procedure, referred to in subd. (a), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. Rule 1011. Responsive Pleading or Motion in Involuntary Cases (a)  Who May Contest Petition The debtor named in an involuntary petition 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 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 Aug. 1, 1987 Apr. 26, 2004 Dec. 1, 2004 Apr. 23, 2008 Dec. 1, 2008 Mar. 26, 2009 Dec. 1, 2009 Apr. 28, 2016 Dec. 1, 2016  Notes of Advisory Committee on Rules1983 This rule is derived from former Bankruptcy Rule 112. A petition filed by fewer than all the general partners under Rule 1004(b) to have an order for relief entered with respect to the partnership is referred to as a petition against the partnership because of the adversary character of the proceeding it commences. Cf Bankruptcy id Francis v. McNeal Manson v. Williams Carter v. Whisler Subdivision (b): Fada of New York, Inc. v. Organization Service Co., Inc In the Matter of McDougald In the Matter of Miller Tatum v. Acadian Production Corp. of La supra id Jurisdiction and Venue in Bankruptcy As Collier has pointed out with respect to the Bankruptcy Act, the mechanics of the provisions in  18a and b relating to time for appearance and pleading are unnecessarily confusing. . . . It would seem, though, to be more straightforward to provide, as does Federal Rule 12(a), that the time to respond runs from the date of service rather than the date of issuance of process. 2 Collier, supra Cf Subdivision (c): Many of the rules governing adversary proceedings apply to proceedings on a contested petition unless the court otherwise directs as provided in Rule 1018. The specific provisions of this Rule 1011 or 7005, however, govern the filing of an answer or motion responsive to a petition. The rules of Part VII are adaptations of the corresponding Federal Rules of Civil Procedure, and the effect of Rule 1018 is thus to make the provisions of Civil Rules 5, 8, 9, 15, and 56, inter alia Bankruptcy Subdivision (d) e.g., Georgia Jewelers, Inc. v. Bulova Watch Co Associated Electronic Supply Co. of Omaha v. C.B.S. Electronic Sales Corp Harris v. Capehart-Farnsworth Corp In the Matter of Bichel Optical Laboratories, Inc Subdivision (e) Notes of Advisory Committee on Rules1987 Amendment The rule has been broadened to make applicable in ancillary cases the provisions concerning responsive pleadings to involuntary petitions. Committee Notes on Rules2004 Amendment The amendment to Rule 1004 that became effective on December 1, 2002 Committee Notes on Rules2008 Amendment The rule is amended to reflect the 2005 amendments to the Code, which repealed  304 and added chapter 15. Section 304 covered cases ancillary to foreign proceedings, while chapter 15 governs ancillary and other cross-border cases and introduces the concept of a petition for recognition of a foreign proceeding. The rule is also amended in tandem with the amendment to Rule 1010 to require the parties responding to an involuntary petition and a petition for recognition of a foreign proceeding to file corporate ownership statements to assist the court in determining whether recusal is necessary. Committee Notes on Rules2009 Amendment The rule is amended to implement changes in connection with the amendment to Rule 9006(a) and the manner by which time is computed under the rules. The deadline in the rule is amended to substitute a deadline that is a multiple of seven days. Throughout the rules, deadlines are amended in the following manner:  5-day periods become 7-day periods  10-day periods become 14-day periods  15-day periods become 14-day periods  20-day periods become 21-day periods  25-day periods become 28-day periods Changes Made After Publication Committee Notes on Rules2016 Amendment This rule is amended to remove provisions regarding chapter 15 proceedings. The requirements for responses to a petition for recognition of a foreign proceeding are found in Rule 1012.  References in Text The Federal Rules of Civil Procedure, referred to in subds. (b) and (c), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. Rule 1012. Responsive Pleading in Cross-Border Cases (a)  Who May Contest Petition The debtor or any party in interest may contest a petition for recognition of a foreign proceeding. (b)  Objections and Responses; When Presented Objections and other responses to the petition shall be presented no later than seven days before the date set for the hearing on the petition, unless the court prescribes some other time or manner for responses. (c)  Corporate Ownership Statement If the entity responding to the petition is a corporation, then the entity shall file a corporate ownership statement containing the information described in Rule 7007.1 with its first appearance, pleading, motion, response, or other request addressed to the court. (Added Apr. 28, 2016 Dec. 1, 2016  Notes of Advisory Committee on Rules1987 This rule [former Rule 1012Examination of Debtor, Including Discovery, on Issue of Nonpayment of Debts in Involuntary Cases] is abrogated [abrogated Mar. 30, 1987 Aug. 1, 1987 Committee Notes on Rules2016 Amendment This rule is added to govern responses to petitions for recognition in cross-border cases. It incorporates provisions formerly found in Rule 1011. Subdivision (a) provides that the debtor or a party in interest may contest the petition. Subdivision (b) provides for presentation of responses no later than 7 days before the hearing on the petition, unless the court directs otherwise. Subdivision (c) governs the filing of corporate ownership statements by entities responding to the petition. 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 Aug. 1, 1993 (As amended Apr. 30, 1991 Aug. 1, 1991 Apr. 22, 1993 Aug. 1, 1993  Notes of Advisory Committee on Rules1983 This rule is adapted from former Bankruptcy Rule 115(a) and (c) and applies in chapter 7 and 11 cases. The right to trial by jury under  19a of the Bankruptcy Act has been abrogated and the availability of a trial by jury is within the discretion of the bankruptcy judge pursuant to 28 U.S.C.  1480(b). Rule 9015 governs the demand for a jury trial. Subdivision (b) of Rule 1013 is derived from former Bankruptcy Rule 115(c) and  18(e) of the Bankruptcy Act. If an order for relief is not entered on default, dismissal will ordinarily be appropriate but the court may postpone definitive action. See also Rule 9024 with respect to setting aside an order for relief on default for cause. Subdivision (e) of former Bankruptcy Rule 115 has not been carried over because its provisions are covered by  303(i) of the Code. Notes of Advisory Committee on Rules1991 Amendment Reference to the Official Form number is deleted in anticipation of future revision and renumbering of the Official Forms. Notes of Advisory Committee on Rules1993 Amendment Subdivision (c) Rule 1014. Dismissal and Change of Venue (a)  Dismissal and Transfer of Cases (1)  Cases Filed in Proper District (2)  Cases Filed in Improper District (b)  Procedure When Petitions Involving the Same Debtor or Related Debtors are Filed in Different Courts If petitions commencing cases under the Code or seeking recognition under chapter 15 are filed in different districts by, regarding, or against (1) the same debtor, (2) a partnership and one or more of its general partners, (3) two or more general partners, or (4) a debtor and an affiliate, the court in the district in which the first-filed petition is pending may determine, in the interest of justice or for the convenience of the parties, the district or districts in which any of the cases should proceed. The court may so determine on motion and after a hearing, with notice to the following entities in the affected cases: the United States trustee, entities entitled to notice under Rule 2002(a), and other entities as the court directs. The court may order the parties to the later-filed cases not to proceed further until it makes the determination. (As amended Mar. 30, 1987 Aug. 1, 1987 Apr. 30, 1991 Aug. 1, 1991 Apr. 30, 2007 Dec. 1, 2007 Apr. 28, 2010 Dec. 1, 2010 Apr. 25, 2014 Dec. 1, 2014  Notes of Advisory Committee on Rules1983 This rule is derived from former Bankruptcy Rule 116 which contained venue as well as transfer provisions. Public Law 95598 Subdivision (a) Cf Subdivision (b) The reference in subdivision (b) to petitions filed by a partner or by any other of the persons mentioned is to be understood as referring to voluntary petitions. It is not the purpose of this subdivision to permit more than one case to be filed in the same court because a creditor signing an involuntary petition happens to be a partner, a partnership, or an affiliate of a debtor. Transfers of adversary proceedings in cases under title 11 are governed by Rule 7087 and 28 U.S.C.  1475. Notes of Advisory Committee on Rules1987 Amendment Both paragraphs 1 and 2 of subdivision (a) are amended to conform to the standard for transfer in 28 U.S.C.  1412. Formerly, 28 U.S.C.  1477 authorized a court either to transfer or retain a case which had been commenced in a district where venue was improper. However, 28 U.S.C.  1412, which supersedes 28 U.S.C.  1477, authorizes only the transfer of a case. The rule is amended to delete the reference to retention of a case commenced in the improper district. Dismissal of a case commenced in the improper district as authorized by 28 U.S.C.  1406 has been added to the rule. If a timely motion to dismiss for improper venue is not filed, the right to object to venue is waived. The last sentence of the rule has been deleted as unnecessary. Notes of Advisory Committee on Rules1991 Amendment Subdivision (b) The other amendments to this rule are consistent with the responsibilities of the United States trustee in the supervision and administration of cases pursuant to 28 U.S.C.  586(a)(3). The United States trustee may appear and be heard on issues relating to the transfer of the case or dismissal due to improper venue. See  307 of the Code. Committee Notes on Rules2007 Amendment Courts have generally held that they have the authority to dismiss or transfer cases on their own motion. The amendment recognizes this authority and also provides that dismissal or transfer of the case may take place only after notice and a hearing. Other amendments are stylistic. Changes Made After Publication Committee Notes on Rules2010 Amendment Subdivision (b) Other changes are stylistic. Changes Made After Publication Committee Notes on Rules2014 Amendment Subdivision (b) provides a practical solution for resolving venue issues when related cases are filed in different districts. It designates the court in which the first-filed petition is pending as the decision maker if a party seeks a determination of where the related cases should proceed. Subdivision (b) is amended to clarify when proceedings in the subsequently filed cases are stayed. It requires an order of the court in which the first-filed petition is pending to stay proceedings in the related cases. Requiring a court order to trigger the stay will prevent the disruption of other cases unless there is a judicial determination that this subdivision of the rule applies and that a stay of related cases is needed while the court makes its venue determination. Notice of the hearing must be given to all debtors, trustees, creditors, indenture trustees, and United States trustees in the affected cases, as well as any other entity that the court directs. Because the clerk of the court that makes the determination often may lack access to the names and addresses of entities in other cases, a court may order the moving party to provide notice. The other changes to subdivision (b) are stylistic. Changes Made After Publication and Comment Rule 1015. Consolidation or Joint Administration of Cases Pending in Same Court (a)  Cases Involving Same Debtor If two or more petitions by, regarding, or against the same debtor are pending in the same court, 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) spouses, 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 spouses 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). (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 Aug. 1, 1987 Apr. 23, 2008 Dec. 1, 2008 Apr. 28, 2010 Dec. 1, 2010 Apr. 27, 2017 Dec. 1, 2017  Notes of Advisory Committee on Rules1983 Subdivision (a) Subdivision (b) e.g Consolidation of cases implies a unitary administration of the estate and will ordinarily be indicated under the circumstances to which subdivision (a) applies. This rule does not deal with the consolidation of cases involving two or more separate debtors. Consolidation of the estates of separate debtors may sometimes be appropriate, as when the affairs of an individual and a corporation owned or controlled by that individual are so intermingled that the court cannot separate their assets and liabilities. Consolidation, as distinguished from joint administration, is neither authorized nor prohibited by this rule since the propriety of consolidation depends on substantive considerations and affects the substantive rights of the creditors of the different estates. For illustrations of the substantive consolidation of separate estates, see Sampsell v. Imperial Paper & Color Corp Chemical Bank N.Y. Trust Co. v. Kheel Multi-Debtor PetitionConsolidation of Debtors and Due Process of Law Insolvency and the Corporate Veil in the United States Proceedings of the 8th International Symposium on Comparative Law Joint administration as distinguished from consolidation may include combining the estates by using a single docket for the matters occurring in the administration, including the listing of filed claims, the combining of notices to creditors of the different estates, and the joint handling of other purely administrative matters that may aid in expediting the cases and rendering the process less costly. Subdivision (c) A joint petition of husband and wife, requiring the payment of a single filing fee, is permitted by  302 of the Code. Consolidation of such a case, however, rests in the discretion of the court; see  302(b) of the Code. Notes of Advisory Committee on Rules1987 Amendment The amendment to subdivision (b) implements the provisions of  522(b) of the Code, as enacted by the 1984 amendments. Committee Notes on Rules2008 Amendment The rule is amended to conform to the change in the numbering of  522(b) of the Code that was made as a part of the 2005 amendments. Former subsections (b)(1) and (b)(2) of  522 were renumbered as subsections (b)(2) and (b)(3), respectively. The rule is amended to make the parallel change. Changes Made After Publication Committee Notes on Rules2010 Amendment Subdivision (a) Changes Made After Publication Committee Notes on Rules2017 Amendment Subdivision (b) is amended to replace a husband and wife with spouses in light of the Supreme Courts decision in Obergefell v. Hodges 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 farmers debt adjustment, or individuals 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 Aug. 1, 1991  Notes of Advisory Committee on Rules1983 This rule is derived from former Rules 118 and 1116. In a chapter 11 reorganization case or chapter 13 individuals debt adjustment case, the likelihood is that the case will be dismissed. Notes of Advisory Committee on Rules1991 Amendment This rule is amended to conform to 25 F.R.Civ.P. and to include chapter 12 cases. Rule 1017. Dismissal or Conversion of Case; Suspension (a)  Voluntary Dismissal; Dismissal for Want of Prosecution or Other Cause Except as provided in  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 or Chapter 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  707(a)(3) or  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  305 before a hearing on notice as provided in Rule 2002(a). (e)  Dismissal of an Individual Debtors Chapter Case, or Conversion to a Case Under Chapter or , for Abuse The court may dismiss or, with the debtors consent, convert an individual debtors 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. (2) If the hearing is set on the courts 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  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  706(a), 1112(a), 1208(a) or (b), or 1307(a) or (b). (2) Conversion or dismissal under  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  1208(a) or 1307(a). The filing date of the notice becomes the date of the conversion order for the purposes of applying  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 Aug. 1, 1987 Apr. 30, 1991 Aug. 1, 1991 Apr. 22, 1993 Aug. 1, 1993 Apr. 26, 1999 Dec. 1, 1999 Apr. 17, 2000 Dec. 1, 2000 Apr. 23, 2008 Dec. 1, 2008  Notes of Advisory Committee on Rules1983 Subdivision (a) Subdivision (b) Subdivision (c) Subdivision (d) Notes of Advisory Committee on Rules1987 Amendment Subdivision (d) Conversion of a chapter 13 case to a chapter 7 case as authorized by  1307(a) is accomplished by the filing of a notice of conversion. The notice of conversion procedure is modeled on the voluntary dismissal provision of Rule 41(a)(1) F.R.Civ.P. Conversion occurs on the filing of the notice. No court order is required. Subdivision (e) Notes of Advisory Committee on Rules1991 Amendment Subdivision (a) The word petition is changed to case in subdivisions (a), (b), and (c) to conform to  707, 930, 1112, 1208, and 1307. Subdivision (d) Subdivisions (a) and (d) Subdivision (e) Notes of Advisory Committee on Rules1993 Amendment Subdivision (d) Committee Notes on Rules1999 Amendment Subdivision (b)(3) Rule 2002(a) and this rule currently require notice to all creditors of a hearing on dismissal of a voluntary chapter 7 case for the debtors failure to file a list of creditors, schedules, and statement of financial affairs within the time provided in  707(a)(3) of the Code. A new subdivision (c) is added to provide that the United States trustee, who is the only entity with standing to file a motion to dismiss under  707(a)(3) or  1307(c)(9), is required to serve the motion on only the debtor, the trustee, and any other entities as the court directs. This amendment, and the amendment to Rule 2002, will have the effect of avoiding the expense of sending notices of the motion to all creditors in a chapter 7 case. New subdivision (f) is the same as current subdivision (d), except that it provides that a motion to suspend all proceedings in a case or to dismiss a case for substantial abuse of chapter 7 under  707(b) is governed by Rule 9014. Other amendments to this rule are stylistic or for clarification. GAP Report on Rule 1017 Committee Notes on Rules2000 Amendment This rule is amended to permit the court to grant a timely request filed by the United States trustee for an extension of time to file a motion to dismiss a chapter 7 case under  707(b), whether the court rules on the request before or after the expiration of the 60-day period. Reporters Note on Text of Rule 1017(e) December 1, 1999 GAP Report on Rule 1017(e) Committee Notes on Rules2008 Amendment Subdivision (e) is amended to implement the 2005 amendments to  707 of the Code. These statutory amendments permit conversion of a chapter 7 case to a case under chapter 11 or 13, change the basis for dismissal or conversion from substantial abuse to abuse, authorize parties other than the United States trustee to bring motions under  707(b) under certain circumstances, and add  707(c) to create an explicit ground for dismissal based on the request of a victim of a crime of violence or drug trafficking. The conforming amendments to subdivision (e) preserve the time limits already in place for  707(b) motions, except to the extent that  704(b)(2) sets the deadline for the United States trustee to act. In contrast to the grounds for a motion to dismiss under  707(b)(2), which are quite specific, the grounds under  707(b)(1) and (3) are very general. Therefore, to enable the debtor to respond, subdivision (e) requires that motions to dismiss under  707(b)(1) and (3) state with particularity the circumstances alleged to constitute abuse. Changes Made After Publication Rule 1018. Contested Involuntary Petitions; Contested Petitions Commencing Chapter 15 Cases; Proceedings to Vacate Order for Relief; Applicability of Rules in Part VII Governing Adversary Proceedings  Unless the court otherwise directs and except as otherwise prescribed in Part I of these rules, the following rules in Part VII apply to all proceedings contesting an involuntary petition or a chapter 15 petition for recognition, and to all proceedings to vacate an order for relief: Rules 7005, 70087010, 7015, 7016, 70247026, 70287037, 7052, 7054, 7056, and 7062. 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 contesting an involuntary petition or a chapter 15 petition for recognition, 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 Aug. 1, 1987 Apr. 28, 2010 Dec. 1, 2010  Notes of Advisory Committee on Rules1983 The rules in Part VII to which this rule refers are adaptations of the Federal Rules of Civil Procedure for the purpose of governing the procedure in adversary proceedings in cases under the Code. See the Note accompanying Rule 7001 infra Acme Harvester Co. v. Beekman Lumber Co United States F. & G. Co. v. Bray Certain terms used in the Federal Rules of Civil Procedure have altered meanings when they are made applicable in cases under the Code by these rules. See Rule 9002 infra Notes of Advisory Committee on Rules1987 Amendment Rule 1018 is amended to include within its terms a petition commencing an ancillary case when it is contested. This provision was formerly included in Rule 1003(e)(4). Although this rule does not contain an explicit authorization for the entry of an order for relief when a debtor refuses to cooperate in discovery relating to a contested involuntary petition, the court has ample power under Rule 37(b) F.R.Civ.P., as incorporated by Rule 7037, to enter an order for relief under appropriate circumstances. Rule 37(b) authorizes the court to enter judgment by default or an order that facts shall be taken as established. Committee Notes on Rules2010 Amendment The rule is amended to reflect the enactment of chapter 15 of the Code in 2005. As to chapter 15 cases, the rule applies to contests over the petition for recognition and not to all matters that arise in the case. Thus, proceedings governed by  1519(e) and  1521(e) of the Code must comply with Rules 7001(7) and 7065, which provide that actions for injunctive relief are adversary proceedings governed by Part VII of the rules. The rule is also amended to clarify that it applies to contests over an involuntary petition, and not to matters merely relating to a contested involuntary petition. Matters that may arise in a chapter 15 case or an involuntary case, other than contests over the petition itself, are governed by the otherwise applicable rules. Other changes are stylistic. Changes Made After Publication  References in Text The Federal Rules of Civil Procedure, referred to in text, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. Rule 1019. Conversion of a Chapter 11 Reorganization Case, Chapter 12 Family Farmers Debt Adjustment Case, or Chapter 13 Individuals 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) 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 1 1 (B) A new time period for filing an objection to a claim of exemptions shall commence under Rule 4003(b) after conversion of a case to chapter 7 unless: (i) the case was converted to chapter 7 more than one year after the entry of the first order confirming a plan under chapter 11, 12, or 13; or (ii) the case was previously pending in chapter 7 and the time to object to a claimed exemption had expired in the original chapter 7 case. (3)  Claims Filed Before Conversion (4)  Turnover of Records and Property (5)  Filing Final Report and Schedule of Postpetition Debts. (A)  Conversion of Chapter 11 or Chapter 12 Case (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 (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 (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  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 (6)  Postpetition Claims; Preconversion Administrative Expenses; Notice (As amended Mar. 30, 1987 Aug. 1, 1987 Apr. 30, 1991 Aug. 1, 1991 Apr. 23, 1996 Dec. 1, 1996 Apr. 11, 1997 Dec. 1, 1997 Apr. 26, 1999 Dec. 1, 1999 Apr. 23, 2008 Dec. 1, 2008 Mar. 26, 2009 Dec. 1, 2009 Apr. 28, 2010 Dec. 1, 2010  Notes of Advisory Committee on Rules1983 This rule is derived from former Bankruptcy Rule 122 and implements  348 of the Code. The rule applies to proceedings in a chapter 7 case following supersession of a case commenced under chapter 11 or 13, whether the latter was initiated by an original petition or was converted from a pending chapter 7 or another chapter case. The rule is not intended to invalidate any action taken in the superseded case before its conversion to chapter 7. Paragraph (1): Paragraphs (2) and (3) Paragraph (4) Paragraph (5) Paragraph (6) Paragraph (7) Paragraph (8) Notes of Advisory Committee on Rules1987 Amendment Paragraph (1) Paragraph (3) F & M Marquette Natl Bank v. Richards Paragraph (4) In re Crouthamel Potato Chip Co The amendment to paragraph (4) changes that result by providing that only claims that are actually filed in the chapter 11 case are treated as filed in the superseding chapter 7 case. When chapter 11 cases are converted to chapter 7 cases, difficulties in obtaining and verifying the debtors records are common. It is unfair to the chapter 7 trustee and creditors to require that they be bound by schedules which may not be subject to verification. Paragraph (6) Notes of Advisory Committee on Rules1991 Amendment This rule is amended to include conversion of a case from chapter 12 to chapter 7 and to implement the United States trustee system. The amendments to paragraph (1)(A) are stylistic. Reference to the statement of executory contracts is deleted to conform to the amendment to Rule 1007(b)(1) which changes the statement to a schedule of executory contracts and unexpired leases. Paragraph (1)(B) Paragraph (2) Paragraph (6) Paragraph (7) The additions of references to unexpired leases in paragraph (1)(A) and in paragraphs (6) and (7) (renumbered as paragraphs (5) and (6)) are technical amendments to clarify that unexpired leases are included as well as other executory contracts. Notes of Advisory Committee on Rules1996 Amendment Subdivision (7) GAP Report on Rule 1019 Notes of Advisory Committee on Rules1997 Amendment The amendments to subdivisions (3) and (5) are technical corrections and stylistic changes. The phrase superseded case is deleted because it creates the erroneous impression that conversion of a case results in a new case that is distinct from the original case. Similarly, the phrase original petition is deleted because it erroneously implies that there is a second petition with respect to a converted case. See  348 of the Code. GAP Report on Rule 1019 Committee Notes on Rules1999 Amendment Paragraph (1)(B) Subdivision (6) The final sentence of Rule 1019(6) is deleted because it is unnecessary in view of the other amendments to this paragraph. If a party has entered into a postpetition contract or lease with the trustee or debtor that constitutes an administrative expense, a timely request for payment must be filed in accordance with this paragraph and  503(b) of the Code. The time for filing a proof of claim in connection with the rejection of any other executory contract or unexpired lease is governed by Rule 3002(c)(4). The phrase including the United States, any state, or any subdivision thereof is deleted as unnecessary. Other amendments to this rule are stylistic. GAP Report on Rule 1019 Committee Notes on Rules2008 Amendment Subdivision (2) is amended to include a new filing period for motions under  707(b) and (c) of the Code when a case is converted to chapter 7. The establishment of a deadline for filing such motions is not intended to express a position as to whether such motions are permitted under the Code. Changes Made After Publication Committee Notes on Rules2009 Amendment The rule is amended to implement changes in connection with the amendment to Rule 9006(a) and the manner by which time is computed under the rules. The deadlines in the rule are amended to substitute a deadline that is a multiple of seven days. Throughout the rules, deadlines are amended in the following manner:  5-day periods become 7-day periods  10-day periods become 14-day periods  15-day periods become 14-day periods  20-day periods become 21-day periods  25-day periods become 28-day periods Committee Notes on Rules2010 Amendment Subdivision (2) Changes Made After Publication Rule 1020. Chapter 11 Reorganization Case for Small Business Debtors (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 and, if so, whether the debtor elects to have subchapter V of chapter 11 apply. 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 and, if so, whether the debtor elects to have subchapter V of chapter 11 apply. The status of the case as a small business case or a case under subchapter V of chapter 11 shall be in accordance with the debtors statement under this subdivision, unless and until the court enters an order finding that the debtors statement is incorrect. (b)  Objecting to Designation The United States trustee or a party in interest may file an objection to the debtors 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)  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 debtors attorney; the United States trustee; the trustee; the creditors included on the list filed under Rule 1007(d) or, if a committee has been appointed under  1102(a)(3), the committee or its authorized agent; and any other entity as the court directs. (Added Apr. 11, 1997 Dec. 1, 1997 Apr. 23, 2008 Dec. 1, 2008 Mar. 26, 2009 Dec. 1, 2009 Apr. 11, 2022 Dec. 1, 2022  Notes of Advisory Committee on Rules1997 This rule is designed to implement  1121(e) and 1125(f) that were added to the Code by the Bankruptcy Reform Act of 1994. GAP Report on Rule 1020 Committee Notes on Rules2008 Amendment Under the Code, as amended in 2005, there are no longer any provisions permitting or requiring a small business debtor to elect to be treated as a small business. Therefore, the election provisions in the rule are eliminated. The 2005 amendments to the Code include several provisions relating to small business cases under chapter 11. Section 101 includes definitions of small business debtor and small business case. The purpose of the new language in this rule is to provide a procedure for informing the parties, the United States trustee, and the court of whether the debtor is a small business debtor, and to provide procedures for resolving disputes regarding the proper characterization of the debtor. Because it is important to resolve such disputes early in the case, a time limit for objecting to the debtors self-designation is imposed. Rule 9006(b)(1), which governs enlargement of time, is applicable to the time limits set forth in this rule. An important factor in determining whether the debtor is a small business debtor is whether the United States trustee has appointed a committee of unsecured creditors under  1102, and whether such a committee is sufficiently active and representative. Subdivision (c), relating to the appointment and activity of a committee of unsecured creditors, is designed to be consistent with the Codes definition of small business debtor. Changes Made After Publication Committee Notes on Rules2009 Amendment The rule is amended to implement changes in connection with the amendment to Rule 9006(a) and the manner by which time is computed under the rules. The deadline in the rule is amended to substitute a deadline that is a multiple of seven days. Throughout the rules, deadlines are amended in the following manner:  5-day periods become 7-day periods  10-day periods become 14-day periods  15-day periods become 14-day periods  20-day periods become 21-day periods  25-day periods become 28-day periods Committee Notes on Rules2022 Amendment The rule is amended in response to the enactment of the Small Business Reorganization Act of 2019 (SBRA), Pub. L. No. 11654, 133 Stat. 1079 Former subdivision (c) of the rule is deleted because the existence or level of activity of a creditors committee is no longer a criterion for small-business-debtor status. The SBRA eliminated that portion of the definition of small business debtor in  101(51D) of the Code. Former subdivision (d) is redesignated as subdivision (c), and the list of entities to be served is revised to reflect that in most small business and subchapter V cases there will not be a committee of creditors. 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. (Added Apr. 23, 2008 Dec. 1, 2008  Committee Notes on Rules2008 Section 101(27A) of the Code, added by the 2005 amendments, defines a health care business. This rule provides procedures for designating the debtor as a health care business. The debtor in a voluntary case, or petitioning creditors in an involuntary case, make that designation by checking the appropriate box on the petition. The rule also provides procedures for resolving disputes regarding the status of the debtor as a health care business. Changes Made After Publication 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  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, attorneys fee, expenses, and damages allowable under  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 trustees duties. (d)  Turnover and Report Following qualification of the trustee selected under  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 Aug. 1, 1987 Apr. 30, 1991 Aug. 1, 1991  Notes of Advisory Committee on Rules1983 This rule is adapted from former Bankruptcy Rule 201. See also former Chapter X Rule 10201. In conformity with title 11 of the United States Code, this rule substitutes interim trustee for receiver. Subdivision (a) and (e) of Rule 201 are not included because the provisions contained therein are found in detail in  303(g) of the Code, or they are inconsistent with  701 of the Code. Similarly, the provisions in Rule 201(d) relating to a debtors counterbond are not included because of their presence in  303(g). Subdivision (a) Subdivision (b) Subdivision (c) Subdivision (d) Notes of Advisory Committee on Rules1991 Amendment This rule is amended to conform to  303(g) of the Code which provides that the United States trustee appoints the interim trustee. See Rule X1003. This rule does not apply to the exercise by the court of the power to act sua sponte pursuant to  105(a) of the Code. 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 (1) the meeting of creditors under  341 or  1104(b) of the Code, which notice, unless the court orders otherwise, shall include the debtors 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  707(a)(3) or  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 entitys 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); (8) the time fixed for filing objections and the hearing to consider confirmation of a chapter 12 plan; and (9) the time fixed for filing objections to confirmation of a chapter 13 plan. (b)  Twenty-Eight-Day Notices to Parties in Interest Except as provided in subdivision ( l (c) Content of Notice. (1)  Proposed Use, Sale, or Lease of Property (2)  Notice of Hearing on Compensation (3)  Notice of Hearing on Confirmation When Plan Provides for an Injunction (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  341 of the Code; (3) the hearing on the proposed sale of all or substantially all of the debtors 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 (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 debtors 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, 12, or 13 plan; (8) a summary of the trustees 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 debtors 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. (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  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 providers 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 creditors 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. (h) Notices to Creditors Whose Claims Are Filed. (1)  Voluntary Case  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 because an extension was granted under Rule 3002(c)(1) or (c)(2). (2)  Involuntary Case  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 because an extension was granted under Rule 3002(c)(1) or (c)(2). (3)  Insufficient Assets (i)  Notices to Committees Copies of all notices required to be mailed pursuant to this rule shall be mailed to the committees elected under  705 or appointed under  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  705 or appointed under  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  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), (a)(9), (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. 1 1 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  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 Courts Intention to Communicate With Foreign Courts and Foreign Representatives. (1)  Notice of Petition for Recognition (2)  Notice of Courts Intention to Communicate with Foreign Courts and Foreign Representatives (As amended Pub. L. 9891,  2(a) Aug. 30, 1983 97 Stat. 607 Pub. L. 98353, title III,  321 July 10, 1984 98 Stat. 357 Mar. 30, 1987 Aug. 1, 1987 Apr. 30, 1991 Aug. 1, 1991 Apr. 22, 1993 Aug. 1, 1993 Apr. 23, 1996 Dec. 1, 1996 Apr. 11, 1997 Dec. 1, 1997 Apr. 26, 1999 Dec. 1, 1999 Apr. 17, 2000 Dec. 1, 2000 Apr. 23, 2001 Dec. 1, 2001 Mar. 27, 2003 Dec. 1, 2003 Apr. 26, 2004 Dec. 1, 2004 Apr. 25, 2005 Dec. 1, 2005 Apr. 23, 2008 Dec. 1, 2008 Mar. 26, 2009 Dec. 1, 2009 Apr. 28, 2016 Dec. 1, 2016 Apr. 27, 2017 Dec. 1, 2017 Apr. 27, 2020 Dec. 1, 2020  Notes of Advisory Committee on Rules1983 Some of the notices required by this rule may be given either by the clerk or as the court may otherwise direct. For example, the court may order the trustee or debtor in possession to transmit one or more of the notices required by this rule, such as, notice of a proposed sale of property. See  363(b) of the Code. When publication of notices is required or desirable, reference should be made to Rule 9008. Notice of the order for relief is required to be given by  342 of the Code and by subdivision (f)(1) of this rule. That notice may be combined with the notice of the meeting of creditors as indicated in Official Form No. 16, the notice and order of the meeting of creditors. Subdivision (a) The notice of a proposed sale affords creditors an opportunity to object to the sale and raise a dispute for the courts attention. Section 363(b) of the Code permits the trustee or debtor in possession to sell property, other than in the ordinary course of business, only after notice and hearing. If no objection is raised after notice,  102(1) provides that there need not be an actual hearing. Thus, absent objection, there would be no court involvement with respect to a trustees sale. Once an objection is raised, only the court may pass on it. Prior to the Code the court could shorten the notice period for a proposed sale of property or dispense with notice. This subdivision (a), permits the 20 day period to be shortened in appropriate circumstances but the rule does not contain a provision allowing the court to dispense with notice. The rule is thus consistent with the Code,  363(b) and 102(1)(A) of the Code. See 28 U.S.C.  2075. It may be necessary, in certain circumstances, however, to use a method of notice other than mail. Subdivision (a)(2) vests the court with discretion, on cause shown, to order a different method. Reference should also be made to Rule 6004 which allows a different type of notice of proposed sales when the property is of little value. Notice of the hearing on an application for compensation or reimbursement of expenses totalling $100 or less need not be given. In chapter 13 cases relatively small amounts are sometimes allowed for post-confirmation services and it would not serve a useful purpose to require advance notice. Subdivision (b) Subdivision (c) Subdivision (d) In addition to the notices specified in this subdivision, there may be other events or matters arising in a case as to which equity security holders should receive notice. These are situations left to determination by the court. Subdivision (e) Subdivision (f) Subdivision (g) Subdivision (h) Subdivision (i) In re Schulte-United, Inc Subdivision (j) Subdivision (k) Bankruptcy id id Subdivision (m) Notes of Advisory Committee on Rules1987 Amendment Subdivision (a) Subdivision (d) Subdivision (f) Subdivision (g) Subdivision (n) Notes of Advisory Committee on Rules1991 Amendment Subdivision (a)(3) Subdivision (a)(5) Subdivision (a)(9) Subdivision (b) Subdivision (d) Subdivision (f)(2) Subdivisions (g) and (j) Subdivision (i) Subdivision (k) Notes of Advisory Committee on Rules1993 Amendment Subdivision (j) Notes of Advisory Committee on Rules1996 Amendment Paragraph (a)(4) Paragraph (f)(8) Subdivision (h) Other amendments to this rule are stylistic. GAP Report on Rule 2002 Notes of Advisory Committee on Rules1997 Amendment Paragraph (a)(1) Subdivision (n) GAP Report on Rule 2002 Committee Notes on Rules1999 Amendment Paragraph (a)(4) Paragraph (a)(4) is amended further to conform to Rule 1017(b), which requires that notice of the hearing on dismissal of a case for failure to pay the filing fee be served on only the debtor and the trustee. Paragraph (f)(2) GAP Report on Rule 2002 Committee Notes on Rules2000 Amendment Paragraph (a)(6) If a particular entity had filed prior applications or had received compensation or reimbursement of expenses at an earlier time in the case, the amounts previously requested or awarded are not considered when determining whether the present application exceeds $1,000 for the purpose of applying this rule. GAP Report on Rule 2002(a) Committee Notes on Rules2001 Amendment Subdivision (c)(3) The notice requirement of subdivision (c)(3) is not applicable to an injunction contained in a plan if it is substantially the same as an injunction provided under the Code. For example, if a plan contains an injunction against acts to collect a discharged debt from the debtor, Rule 2002(c)(3) would not apply because that conduct would be enjoined under  524(a)(2) upon the debtors discharge. But if a plan provides that creditors will be enjoined from asserting claims against persons who are not debtors in the case, the notice of the confirmation hearing must include the information required under Rule 2002(c)(3) because that conduct would not be enjoined by operation of the Code. See The requirement that the notice identify the entities that would be subject to the injunction requires only reasonable identification under the circumstances. If the entities that would be subject to the injunction cannot be identified by name, the notice may describe them by class or category if reasonable under the circumstances. For example, it may be sufficient for the notice to identify the entities as all creditors of the debtor and for the notice to be published in a manner that satisfies due process requirements. Subdivision (g) Under Rule 2002(g), a duly filed proof of claim is considered a request designating a mailing address if a notice of no dividend has been given under Rule 2002(e), but has been superseded by a subsequent notice of possible dividend under Rule 3002(c)(5). A duly filed proof of interest is considered a request designating a mailing address of an equity security holder. Rule 2002(g)(3) is added to assure that notices to an infant or incompetent person under this rule are mailed to the appropriate guardian or other legal representative. Under Rule 1007(m), if the debtor knows that a creditor is an infant or incompetent person, the debtor is required to include in the list and schedule of creditors the name and address of the person upon whom process would be served in an adversary proceeding in accordance with Rule 7004(b)(2). If the infant or incompetent person, or another person, files a request or proof of claim designating a different name and mailing address, the notices would have to be mailed to both names and addresses until the court resolved the issue as to the proper mailing address. The other amendments to Rule 2002(g) are stylistic. Changes Made After Publication and Comments In Rule 2002(g), no changes were made. Committee Notes on Rules2003 Amendment Subdivision (a)(1) of the rule is amended to direct the clerk or other person giving notice of the  341 or  1104(b) meeting of creditors to include the debtors full social security number on the notice. Official Form 9, the form of the notice of the meeting of creditors that will become a part of the courts file in the case, will include only the last four digits of the debtors social security number. This rule, however, directs the clerk to include the full social security number on the notice that is served on the creditors and other identified parties, unless the court orders otherwise in a particular case. This will enable creditors and other parties in interest who are in possession of the debtors social security number to verify the debtors identity and proceed accordingly. The filed Official Form 9, however, will not include the debtors full social security number. This will prevent the full social security number from becoming a part of the courts file in the case, and the number will not be included in the courts electronic records. Creditors who already have the debtors social security number will be able to verify the existence of a case under the debtors social security number, but any person searching the electronic case files without the number will not be able to acquire the debtors social security number. Changes Made After Publication and Comments Committee Notes on Rules2004 Amendment The rule is amended to reflect that the structure of the Internal Revenue Service no longer includes a District Director. Thus, rather than sending notice to the District Director, the rule now requires that the notices be sent to the location designated by the Service and set out in the register of addresses maintained by the clerk under Rule 5003(e). The other change is stylistic. Committee Notes on Rules2005 Amendment A new paragraph (g)(4) is inserted in the rule. The new paragraph authorizes an entity and a notice provider to agree that the notice provider will give notices to the entity at the address or addresses set out in their agreement. Rule 9001(9) sets out the definition of a notice provider. The business of many entities is national in scope, and technology currently exists to direct the transmission of notice (both electronically and in paper form) to those entities in an accurate and much more efficient manner than by sending individual notices to the same creditor by separate mailings. The rule authorizes an entity and a notice provider to determine the manner of the service as well as to set the address or addresses to which the notices must be sent. For example, they could agree that all notices sent by the notice provider to the entity must be sent to a single, nationwide electronic or postal address. They could also establish local or regional addresses to which notices would be sent in matters pending in specific districts. Since the entity and notice provider also can agree on the date of the commencement of service under the agreement, there is no need to set a date in the rule after which notices would have to be sent to the address or addresses that the entity establishes. Furthermore, since the entity supplies the address to the notice provider, use of that address is conclusively presumed to be proper. Nonetheless, if that address is not used, the notice still may be effective if the notice is otherwise effective under applicable law. This is the same treatment given under Rule 5003(e) to notices sent to governmental units at addresses other than those set out in that register of addresses. The remaining subdivisions of Rule 2002(g) continue to govern the addressing of a notice that is not sent pursuant to an agreement described in Rule 2002(g)(4). Changes Made After Publication and Comment Committee Notes on Rules2008 Amendment Subdivision (b) is amended to provide for 25 days notice of the time for the court to make a final determination whether the plan in a small business case can serve as a disclosure statement. Conditional approval of a disclosure statement in a small business case is governed by Rule 3017.1 and does not require 25 days notice. The court may consider this matter in a hearing combined with the confirmation hearing in a small business case. Because of the requirements of Rule 6004(g), subdivision (c)(1) is amended to require that a trustee leasing or selling personally identifiable information under  363(b)(1)(A) or (B) of the Code, as amended in 2005, include in the notice of the lease or sale transaction a statement as to whether the lease or sale is consistent with a policy prohibiting the transfer of the information. Subdivisions (f)(9) and (10) are new. They reflect the 2005 amendments to  342(d) and 704(b) of the Code. Section 342(d) requires the clerk to give notice to creditors shortly after the commencement of the case as to whether a presumption of abuse exists. Subdivision (f)(9) adds this notice to the list of notices that the clerk must give. Subdivision (f)(10) implements the amendment to  704(b), which requires the court to provide a copy to all creditors of a statement by the United States trustee or bankruptcy administrator as to whether the debtors case would be presumed to be an abuse under  707(b) not later than five days after receiving it. Subdivision (f)(11) is also added to provide notice to creditors of the debtors filing of a statement in a chapter 11, 12, or 13 case that there is no reasonable cause to believe that  522(q) applies in the case. This allows a creditor who disputes that assertion to request a delay of the entry of the discharge in the case. Subdivision (g)(2) of the rule is amended because the 2005 amendments to  342(f) of the Code permit creditors in chapter 7 and 13 individual debtor cases to file a notice with any bankruptcy court of the address to which the creditor wishes all notices to be sent. The amendment to Rule 2002(g)(2) therefore only limits application of the subdivision when a creditor files a notice under  342(f). New subdivision (g)(5) implements  342(g)(1) which was added to the Code in 2005. Section 342(g)(1) allows a creditor to treat a notice as not having been brought to the creditors attention, and so potentially ineffective, until it is received by a person or organizational subdivision that the creditor has designated to receive notices under the Bankruptcy Code. Under that section, the creditor must have established reasonable procedures for such notices to be delivered to the designated person or subdivision. The rule provides that, in order to challenge a notice under  342(g)(1), a creditor must have filed the name and address of the designated notice recipient, as well as a description of the procedures for directing notices to that recipient, prior to the time that the challenged notice was issued. The filing required by the rule may be made as part of a creditors filing under  342(f), which allows a creditor to file a notice of the address to be used by all bankruptcy courts or by particular bankruptcy courts to provide notice to the creditor in cases under chapters 7 and 13. Filing the name and address of the designated notice recipient and the procedures for directing notices to that recipient will reduce uncertainty as to the proper party for receiving notice and limit factual disputes as to whether a notice recipient has been designated and as to the nature of procedures adopted to direct notices to the recipient. Subdivision (k) is amended to add notices given under subdivision (q) to the list of notices which must be served on the United States trustee. Section 1514(d) of the Code, added by the 2005 amendments, requires that such additional time as is reasonable under the circumstances be given to creditors with foreign addresses with respect to notices and the filing of a proof of claim. Thus, subdivision (p)(1) is added to this rule to give the court flexibility to direct that notice by other means shall supplement notice by mail, or to enlarge the notice period, for creditors with foreign addresses. If cause exists, such as likely delays in the delivery of mailed notices in particular locations, the court may order that notice also be given by email, facsimile, or private courier. Alternatively, the court may enlarge the notice period for a creditor with a foreign address. It is expected that in most situations involving foreign creditors, fairness will not require any additional notice or extension of the notice period. This rule recognizes that the court has discretion to establish procedures to determine, on its own initiative, whether relief under subdivision (p) is appropriate, but that the court is not required to establish such procedures and may decide to act only on request of a party in interest. Subdivision (p)(2) is added to the rule to grant creditors with a foreign address to which notices are mailed at least 30 days notice of the time within which to file proofs of claims if notice is mailed to the foreign address, unless the court orders otherwise. If cause exists, such as likely delays in the delivery of notices in particular locations, the court may extend the notice period for creditors with foreign addresses. The court may also shorten the additional notice time if circumstances so warrant. For example, if the court in a chapter 11 case determines that supplementing the notice to a foreign creditor with notice by electronic means, such as email or facsimile, would give the creditor reasonable notice, the court may order that the creditor be given only 20 days notice in accordance with Rule 2002(a)(7). Subdivision (p)(3) is added to provide that the court may, for cause, override a creditors designation of a foreign address under Rule 2002(g). For example, if a party in interest believes that a creditor has wrongfully designated a foreign address to obtain additional time when it has a significant presence in the United States, the party can ask the court to order that notices to that creditor be sent to an address other than the one designated by the foreign creditor. Subdivision (q) is added to require that notice of the hearing on the petition for recognition of a foreign proceeding be given to the debtor, all administrators in foreign proceedings of the debtor, entities against whom provisional relief is sought, and entities with whom the debtor is engaged in litigation at the time of the commencement of the case. There is no need at this stage of the proceedings to provide notice to all creditors. If the foreign representative should take action to commence a case under another chapter of the Code, the rules governing those proceedings will operate to provide that notice is given to all creditors. The rule also requires notice of the courts intention to communicate with a foreign court or foreign representative. Changes Made After Publication Subdivision (p)(3) was added to the rule to provide that the court may override a creditors designation of a foreign mailing address under Rule 2002(g). This will permit a party in interest to seek court relief if a creditor has improperly designated a foreign address. Subdivision (q)(1) and (2) were amended by adopting language from  101(24) to identify foreign representatives as all persons or bodies authorized to administer foreign proceedings of the debtor rather than as all administrators in foreign proceedings of the debtor. References to Rule 5012 in subdivision (q)(2) and in the Committee Note were deleted. Committee Notes on Rules2009 Amendment The rule is amended to implement changes in connection with the amendment to Rule 9006(a) and the manner by which time is computed under the rules. The deadlines in the rule are amended to substitute a deadline that is a multiple of seven days. Throughout the rules, deadlines are amended in the following manner:  5-day periods become 7-day periods  10-day periods become 14-day periods  15-day periods become 14-day periods  20-day periods become 21-day periods  25-day periods become 28-day periods Committee Notes on Rules2016 Amendment Subdivision (q) is amended to clarify the procedures for giving notice in cross-border proceedings. The amended rule provides, in keeping with Code  1517(c), for the court to schedule a hearing to be held promptly on the petition for recognition of a foreign proceeding. The amended rule contemplates that a hearing on a request for provisional relief may sometimes overlap substantially with the merits of the petition for recognition. In that case, the court may choose to consolidate the hearing on the request for provisional relief with the hearing on the petition for recognition, see Rules 1018 and 7065, and accordingly shorten the usual 21-day notice period. Committee Notes on Rules2017 Amendment Subdivisions (a) and (b) are amended and reorganized to alter the provisions governing notice under this rule in chapter 13 cases. Subdivision (a)(9) is added to require at least 21 days notice of the time for filing objections to confirmation of a chapter 13 plan. Subdivision (b)(3) is added to provide separately for 28 days notice of the date of the confirmation hearing in a chapter 13 case. These amendments conform to amended Rule 3015, which governs the time for presenting objections to confirmation of a chapter 13 plan. Other changes are stylistic. Committee Notes on Rules2020 Amendment Subdivision (f) is amended to add cases under chapter 13 of the Bankruptcy Code to paragraph (7). Subdivision (h) is amended to add cases under chapters 12 and 13 of the Bankruptcy Code and to conform the time periods in the subdivision to the respective deadlines for filing proofs of claim under Rule 3002(c). Subdivision (k) is amended to add a reference to subdivision (a)(9) of this rule. This change corresponds to the relocation of the deadline for objecting to confirmation of a chapter 13 plan from subdivision (b) to subdivision (a)(9). The rule thereby continues to require transmittal of notice of that deadline to the United States trustee.  References in Text The Securities Investor Protection Act, referred to in subd. (k), probably means the Securities Investor Protection Act of 1970, Pub. L. 91598 Dec. 30, 1970 84 Stat. 1636 section 78aaa of Title 15 Amendment by Public Law 1984Subd. (n). Pub. L. 98353 1983Subd. (f). Pub. L. 9891 Effective Date of 1984 Amendment Amendment by Pub. L. 98353 July 10, 1984 section 552(a) of Pub. L. 98353 section 101 of this title Effective Date of 1983 Amendment Pub. L. 9891,  1 Aug. 30, 1983 97 Stat. 607 That rule 2002(f) of the Bankruptcy Rules, as proposed by the United States Supreme Court in the order of April 25, 1983 August 1, 1983 Pub. L. 9891,  2(b) Aug. 30, 1983 97 Stat. 607 The amendment made by subsection (a) [amending subd. (f) of this rule] shall take effect on August 1, 1983 Rule 2003. Meeting of Creditors or Equity Security Holders (a)  Date and Place 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 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 individuals 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 (2)  Meeting of Equity Security Holders (3)  Right To Vote (c)  Record of Meeting Any examination under oath at the meeting of creditors held pursuant to  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 entitys expense. (d)  Report of Election and Resolution of Disputes in a Chapter Case (1)  Report of Undisputed Election (2)  Disputed Election (e)  Adjournment The meeting may be adjourned from time to time by announcement at the meeting of the adjourned date and time. The presiding official shall promptly file a statement specifying the date and time to which the meeting is adjourned. (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 trustees 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 trustees 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 Aug. 1, 1987 Apr. 30, 1991 Aug. 1, 1991 Apr. 22, 1993 Aug. 1, 1993 Apr. 26, 1999 Dec. 1, 1999 Mar. 27, 2003 Dec. 1, 2003 Apr. 23, 2008 Dec. 1, 2008 Mar. 26, 2009 Dec. 1, 2009 Apr. 26, 2011 Dec. 1, 2011  Notes of Advisory Committee on Rules1983 Section 341(a) of the Code requires a meeting of creditors in a chapter 7, 11 or 13 case, and  341(b) permits the court to order a meeting of equity security holders. A major change from prior law, however, prohibits the judge from attending or presiding over the meeting. Section 341(c). This rule does not apply either in a case for the reorganization of a railroad or for the adjustment of debts of a municipality. Sections 1161 and 901 render  341 and 343 inapplicable in these types of cases. Section 341 sets the requirement for a meeting of creditors and  343 provides for the examination of the debtor. Subdivision (a) Subdivision (b) Although the clerk may preside at the meeting, the clerk is not performing any kind of judicial role, nor should the clerk give any semblance of performing such a role. It would be pretentious for the clerk to ascend the bench, don a robe or be addressed as your honor. The clerk should not appear to parties or others as any type of judicial officer. In a chapter 11 case, if a committee of unsecured creditors has been appointed pursuant to  1102(a)(1) of the Code and a chairman has been selected, the chairman will preside or a person, such as the attorney for the committee, may be designated to preside by the chairman. Since the judge must fix the bond of the trustee but cannot be present at the meeting, the rule allows the creditors to recommend the amount of the bond. They should be able to obtain relevant information concerning the extent of assets of the debtor at the meeting. Paragraph (1) authorizes the presiding officer to administer oaths. This is important because the debtors examination must be under oath. Paragraph (3) of subdivision (b) has application only in a chapter 7 case. That is the only type of case under the Code that permits election of a trustee or committee. In all other cases, no vote is taken at the meeting of creditors. If it is necessary for the court to make a determination with respect to a claim, the meeting may be adjourned until the objection or dispute is resolved. The second sentence recognizes that partnership creditors may vote for a trustee of a partners estate along with the separate creditors of the partner. Although  723(c) gives the trustee of a partnership a claim against a partners estate for the full amount of partnership creditors claims allowed, the purpose and function of this provision are to simplify distribution and prevent double proof, not to disfranchise partnership creditors in electing a trustee of an estate against which they hold allowable claims. Subdivision (c) Subdivision (d) For purposes of expediency, the results of the election should be obtained for each alternative presented by the dispute and immediately reported to the court. Thus, when an interested party presents the dispute to the court, its prompt resolution by the court will determine the dispute and a new or adjourned meeting to conduct the election may be avoided. The clerk is not an interested party. A creditors committee may be elected only in a chapter 7 case. In chapter 11 cases, a creditors committee is appointed pursuant to  1102. While a final meeting is not required, Rule 2002(f)(10) provides for the trustees final account to be sent to creditors. Notes of Advisory Committee on Rules1987 Amendment Subdivision (a) Notes of Advisory Committee on Rules1991 Amendment The amendment to subdivision (a) relating to the calling of the meeting of creditors in a chapter 12 case is consistent with the expedited procedures of chapter 12. Subdivision (a) is also amended to clarify that the United States trustee does not call a meeting of creditors in a chapter 9 case. Pursuant to  901(a) of the Code,  341 is inapplicable in chapter 9 cases. The other amendments to subdivisions (a), (b)(1), and (b)(2) and the additions of subdivisions (f) and (g) are derived from Rule X1006 and conform to the 1986 amendments to  341 of the Code. The second sentence of subdivision (b)(3) is amended because Rule 2009(e) is abrogated. Although the United States trustee fixes the date for the meeting, the clerk of the bankruptcy court transmits the notice of the meeting unless the court orders otherwise, as prescribed in Rule 2002(a)(1). Pursuant to  702 and  705 of the Code, creditors may elect a trustee and a committee in a chapter 7 case. Subdivision (b) of this rule provides that the United States trustee shall preside over any election that is held under those sections. The deletion of the last sentence of subdivision (b)(1) does not preclude creditors from recommending to the United States trustee the amount of the trustees bond when a trustee is elected. Trustees and committees are not elected in chapter 11, 12, and 13 cases. If an election is disputed, the United States trustee shall not resolve the dispute. For purposes of expediency, the United States trustee shall tabulate the results of the election for each alternative presented by the dispute. However, if the court finds that such tabulation is not feasible under the circumstances, the United States trustee need not tabulate the votes. If such tabulation is feasible and if the disputed vote or votes would affect the result of the election, the tabulations of votes for each alternative presented by the dispute shall be reported to the court. If a motion is made for resolution of the dispute in accordance with subdivision (d) of this rule, the court will determine the issue and another meeting to conduct the election may not be necessary. Subdivisions (f) and (g) Notes of Advisory Committee on Rules1993 Amendment Subdivision (a) Committee Notes on Rules1999 Amendment Subdivision (d) The substitution of United States trustee for presiding officer is stylistic. Section 341(a) of the Code provides that the United States trustee shall preside at the meeting of creditors. Other amendments are designed to conform to the style of Rule 2007.1(b)(3) regarding the election of a trustee in a chapter 11 case. GAP Report on Rule 2003 Committee Notes on Rules2003 Amendment The rule is amended to reflect the enactment of subchapter V of chapter 7 of the Code governing multilateral clearing organization liquidations. Section 782 of the Code provides that the designation of a trustee or alternative trustee for the case is made by the Federal Reserve Board. Therefore, the meeting of creditors in those cases cannot include the election of a trustee. Changes Made After Publication and Comments Committee Notes on Rules2008 Amendment If the debtor has solicited acceptances to a plan before commencement of the case,  341(e), which was added to the Code by the 2005 amendments, authorizes the court, on request of a party in interest and after notice and a hearing, to order that a meeting of creditors not be convened. The rule is amended to recognize that a meeting of creditors might not be held in those cases. Changes Made After Publication Committee Notes on Rules2009 Amendment The rule is amended to implement changes in connection with the amendment to Rule 9006(a) and the manner by which time is computed under the rules. The deadlines in the rule are amended to substitute a deadline that is a multiple of seven days. Throughout the rules, deadlines are amended in the following manner:  5-day periods become 7-day periods  10-day periods become 14-day periods  15-day periods become 14-day periods  20-day periods become 21-day periods  25-day periods become 28-day periods Committee Notes on Rules2011 Amendment Subdivision (e) Changes Made After Publication 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  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 debtors estate, or to the debtors right to a discharge. In a family farmers debt adjustment case under chapter 12, an individuals 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 or Electronically Stored Information The attendance of an entity for examination and for the production of documents or electronically stored information, 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 where the case is pending if the attorney is admitted to practice in that court. (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 days 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 debtors 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 Aug. 1, 1987 Apr. 30, 1991 Aug. 1, 1991 Apr. 29, 2002 Dec. 1, 2002 Apr. 27, 2020 Dec. 1, 2020  Notes of Advisory Committee on Rules1983 Subdivision (a) Bankruptcy ex parte Subdivision (b) Subdivision (c) supra This subdivision will be applicable for the most part to the examination of a person other than the debtor. The debtor is required to appear at the meeting of creditors for examination. The word person includes the debtor and this subdivision may be used if necessary to obtain the debtors attendance for examination. Subdivision (d) e.g., In re Totem Lodge & Country Club, Inc Subdivision (e) Definition of debtor Spousal privilege Notes of Advisory Committee on Rules1991 Amendment This rule is amended to allow the examination in a chapter 12 case to cover the same matters that may be covered in an examination in a chapter 11 or 13 case. Committee Notes on Rules2002 Amendment Subdivision (c) The subdivision is amended further to clarify that, in addition to the procedures for the issuance of a subpoena set forth in Rule 45 F. R. Civ. P., an attorney may issue and sign a subpoena on behalf of the court for the district in which a Rule 2004 examination is to be held if the attorney is authorized to practice, even if admitted pro hac vice, either in the court in which the case is pending or in the court for the district in which the examination is to be held. This provision supplements the procedures for the issuance of a subpoena set forth in Rule 45(a)(3)(A) and (B) F. R. Civ. P. and is consistent with one of the purposes of the 1991 amendments to Rule 45, to ease the burdens of interdistrict law practice. Changes Made After Publication and Comments Committee Notes on Rules2020 Amendment Subdivision (c) is amended in two respects. First, the provision now refers expressly to the production of electronically stored information, in addition to the production of documents. This change is an acknowledgment of the form in which information now commonly exists and the type of production that is frequently sought in connection with an examination under Rule 2004. Second, subdivision (c) is amended to bring its subpoena provision into conformity with the current version of F.R.Civ.P. 45, which Rule 9016 makes applicable in bankruptcy cases. Under Rule 45, a subpoena always issues from the court where the action is pending, even for a deposition in another district, and an attorney admitted to practice in the issuing court may issue and sign it. In light of this procedure, a subpoena for a Rule 2004 examination is now properly issued from the court where the bankruptcy case is pending and by an attorney authorized to practice in that court, even if the examination is to occur in another district. 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 debtors 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 debtors 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 relevant provisions and policies of title 18 U.S.C.  3142. (As amended Mar. 30, 1987 Aug. 1, 1987 Apr. 22, 1993 Aug. 1, 1993 Apr. 14, 2021 Dec. 1, 2021  Notes of Advisory Committee on Rules1983 This rule is derived from former Bankruptcy Rule 206. The rule requires the debtor to be examined as soon as possible if allegations of the movant for compulsory examination under this rule are found to be true after a hearing. Subdivision (b) includes in paragraphs (1) and (2) provisions adapted from subdivisions (a) and (b) of Rule 40 of the Federal Rules of Criminal Procedure, which governs the handling of a person arrested in one district on a warrant issued in another. Subdivision (c) incorporates by reference the features of subdivisions (a) and (b) of 18 U.S.C.  3146, which prescribe standards, procedures and factors to be considered in determining conditions of release of accused persons in noncapital cases prior to trial. The word debtor as used in this rule includes the persons named in Rule 9001(5). The affidavit required to be submitted in support of the motion may be subscribed by the unsworn declaration provided for in 28 U.S.C.  1746. Notes of Advisory Committee on Rules1993 Amendment Subdivision (b)(2) Committee Notes on Rules2021 Amendment The rule is amended to replace the reference to 18 U.S.C.  3146(a) and (b) with a reference to 18 U.S.C.  3142. Sections 3141 through 3151 of Title 18 were repealed by the Bail Reform Act of 1984, Pub. L. No. 98473, Title II,  203(a), 98 Stat. 1976 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 (2)  Solicitation of Proxy (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  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  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  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  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 proxyholders 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 solicitors or forwarders 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 members 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 Aug. 1, 1987 Apr. 30, 1991 Aug. 1, 1991 Mar. 26, 2009 Dec. 1, 2009  Notes of Advisory Committee on Rules1983 This rule is a comprehensive regulation of solicitation and voting of proxies in liquidation cases. It is derived from former Bankruptcy Rule 208. The rule applies only in chapter 7 cases because no voting occurs, other than on a plan, in a chapter 11 case. Former Bankruptcy Rule 208 did not apply to solicitations of acceptances of plans. Creditor control was a basic feature of the Act and is continued, in part, by the Code. Creditor democracy is perverted and the congressional objective frustrated, however, if control of administration falls into the hands of persons whose principal interest is not in what the estate can be made to yield to the unsecured creditors but in what it can yield to those involved in its administration or in other ulterior objectives. Subdivision (b) Subdivision (c) Under certain circumstances, the relationship of a creditor, creditors committee, or association to the estate or the case may be such as to warrant rejection of any proxy solicited by such a person or group. Thus a person who is forbidden by the Code to vote his own claim should be equally disabled to solicit proxies from creditors. Solicitation by or on behalf of the debtor has been uniformly condemned, e.g., In re White Matter of Law In re Western States Bldg.-Loan Assn Lines v. Falstaff Brewing Co Subdivision (d) In the Matter of Darland Company Subdivision (e) Every holder of two or more proxies must include in the submission a verified statement that no consideration has been paid or promised for the proxy, either by the proxyholder or the solicitor or any forwarder of the proxy. Any payment or promise of consideration for a proxy would be conclusive evidence of a purpose to acquire control of the administration of an estate for an ulterior purpose. The holder of multiple proxies must also include in the submission a verified statement as to whether there is any agreement by the holder, the solicitor, or any forwarder of the proxy for the employment of any person in the administration of an estate or for the sharing of any compensation allowed in connection with the administration of the estate. The provisions requiring these statements implement the policy of the Code expressed in  504 as well as the policy of this rule to deter the acquisition of proxies for the purpose of obtaining a share in the outlays for administration. Finally the facts as to any consideration moving or promised to any member of a committee which functions as a solicitor, forwarder, or proxyholder must be disclosed by the proxyholder. Such information would be of significance to the court in evaluating the purpose of the committee in obtaining, transmitting, or voting proxies. Subdivision (f) E.g., In re Portage Wholesale Co In re McGill In re Deena Woolen Mills, Inc In re Finlay Cf. In the Matter of Lenrick Sales, Inc In the Matter of Construction Supply Corp Notes of Advisory Committee on Rules1991 Amendment This rule is amended to give the United States trustee information in connection with proxies so that the United States trustee may perform responsibilities as presiding officer at the  341 meeting of creditors. See Rule 2003. The words with the clerk are deleted as unnecessary. See Rules 5005(a) and 9001(3). Committee Notes on Rules2009 Amendment The rule is amended to implement changes in connection with the amendment to Rule 9006(a) and the manner by which time is computed under the rules. The deadline in the rule is amended to substitute a deadline that is a multiple of seven days. Throughout the rules, deadlines are amended in the following manner:  5-day periods become 7-day periods  10-day periods become 14-day periods  15-day periods become 14-day periods  20-day periods become 21-day periods  25-day periods become 28-day periods 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  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  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  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  1102(b)(1) of the Code. (As amended Mar. 30, 1987 Aug. 1, 1987 Apr. 30, 1991 Aug. 1, 1991 Mar. 26, 2009 Dec. 1, 2009  Notes of Advisory Committee on Rules1983 Section 1102(b)(1) of the Code permits the court to appoint as the unsecured creditors committee, the committee that was selected by creditors before the order for relief. This provision recognizes the propriety of continuing a prepetition committee in an official capacity. Such a committee, however, must be found to have been fairly chosen and representative of the different kinds of claims to be represented. Subdivision (a) Subdivision (b) Notes of Advisory Committee on Rules1987 Amendment The rule is amended to conform to the 1984 amendments to  1102(b)(1) of the Code. Notes of Advisory Committee on Rules1991 Amendment This rule is amended to conform to the 1986 amendments to  1102(a). The United States trustee appoints committees pursuant to  1102 in chapter 11 cases. Section 1102 is applicable in chapter 9 cases pursuant to  901(a). Although  1102(b)(1) of the Code permits the United States trustee to appoint a prepetition committee as the statutory committee if its members were fairly chosen and it is representative of the different kinds of claims to be represented, the amendment to this rule provides a procedure for judicial review of the appointment. The factors that may be considered by the court in determining whether the committee was fairly chosen are not new. A finding that a prepetition committee has not been fairly chosen does not prohibit the appointment of some or all of its members to the creditors committee. Although this rule deals only with judicial review of the appointment of prepetition committees, it does not preclude judicial review under Rule 2020 regarding the appointment of other committees. Committee Notes on Rules2009 Amendment The rule is amended to implement changes in connection with the amendment to Rule 9006(a) and the manner by which time is computed under the rules. The deadline in the rule is amended to substitute a deadline that is a multiple of seven days. Throughout the rules, deadlines are amended in the following manner:  5-day periods become 7-day periods  10-day periods become 14-day periods  15-day periods become 14-day periods  20-day periods become 21-day periods  25-day periods become 28-day periods 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  1104(a) or  1104(c) of the Code shall be made in accordance with Rule 9014. (b)  Election of Trustee (1)  Request for an Election (2)  Manner of Election and Notice (3)  Report of Election and Resolution of Disputes. (A)  Report of Undisputed Election (B)  Dispute Arising Out of an Election (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 applicants knowledge, all the persons 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 persons 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 Aug. 1, 1991 Apr. 11, 1997 Dec. 1, 1997 Apr. 23, 2008 Dec. 1, 2008  Notes of Advisory Committee on Rules1991 This rule is added to implement the 1986 amendments to  1104 of the Code regarding the appointment of a trustee or examiner in a chapter 11 case. A motion for an order to appoint a trustee or examiner is a contested matter. Although the court decides whether the appointment is warranted under the particular facts of the case, it is the United States trustee who makes the appointment pursuant to  1104(c) of the Code. The appointment is subject to approval of the court, however, which may be obtained by application of the United States trustee. Section 1104(c) of the Code requires that the appointment be made after consultation with parties in interest and that the person appointed be disinterested. The requirement that connections with the United States trustee or persons employed in the United States trustees office be revealed is not intended to enlarge the definition of disinterested person in  101(13) of the Code, to supersede executive regulations or other laws relating to appointments by United States trustees, or to otherwise restrict the United States trustees discretion in making appointments. This information is required, however, in the interest of full disclosure and confidence in the appointment process and to give the court all information that may be relevant to the exercise of judicial discretion in approving the appointment of a trustee or examiner in a chapter 11 case. Notes of Advisory Committee on Rules1997 Amendment This rule is amended to implement the 1994 amendments to  1104 of the Code regarding the election of a trustee in a chapter 11 case. Eligibility for voting in an election for a chapter 11 trustee is determined in accordance with Rule 2003(b)(3). Creditors whose claims are deemed filed under  1111(a) are treated for voting purposes as creditors who have filed proofs of claim. Proxies for the purpose of voting in the election may be solicited only by a creditors committee appointed under  1102 or by any other party entitled to solicit proxies pursuant to Rule 2006. Therefore, a trustee or examiner who has served in the case, or a committee of equity security holders appointed under  1102, may not solicit proxies. The procedures for reporting disputes to the court derive from similar provisions in Rule 2003(d) applicable to chapter 7 cases. An election may be disputed by a party in interest or by the United States trustee. For example, if the United States trustee believes that the person elected is ineligible to serve as trustee because the person is not disinterested, the United States trustee should file a report disputing the election. The word only is deleted from subdivision (b), redesignated as subdivision (c), to avoid any negative inference with respect to the availability of procedures for obtaining review of the United States trustees acts or failure to act pursuant to Rule 2020. GAP Report on Rule 2017.1 Committee Notes on Rules2008 Amendment Under  1104(b)(2) of the Code, as amended in 2005, if an eligible, disinterested person is elected to serve as trustee in a chapter 11 case, the United States trustee is directed to file a report certifying the election. The person elected does not have to be appointed to the position. Rather, the filing of the report certifying the election itself constitutes the appointment. The section further provides that in the event of a dispute in the election of a trustee, the court must resolve the matter. The rule is amended to be consistent with  1104(b)(2). When the United States trustee files a report certifying the election of a trustee, the person elected must provide a verified statement, similar to the statement required of professional persons under Rule 2014, disclosing connections with parties in interest and certain other persons connected with the case. Although court approval of the person elected is not required, the disclosure of the persons connections will enable parties in interest to determine whether the person is disinterested. Changes Made After Publication 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 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  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 persons 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. (Added Apr. 23, 2008 Dec. 1, 2008 Mar. 26, 2009 Dec. 1, 2009  Committee Notes on Rules2008 Section 333 of the Code, added by the 2005 amendments, requires the court to order the appointment of a health care ombudsman within the first 30 days of a health care business case, unless the court finds that the appointment is not necessary for the protection of patients. The rule recognizes this requirement and provides a procedure by which a party may obtain a court order finding that the appointment of a patient care ombudsman is unnecessary. In the absence of a timely motion under subdivision (a) of this rule, the court will enter an order directing the United States trustee to appoint the ombudsman. Subdivision (b) recognizes that, despite a previous order finding that a patient care ombudsman is not necessary, circumstances of the case may change or newly discovered evidence may demonstrate the necessity of an ombudsman to protect the interests of patients. In that event, a party may move the court for an order directing the appointment of an ombudsman. When the appointment of a patient care ombudsman is ordered, the United States trustee is required to appoint a disinterested person to serve in that capacity. Court approval of the appointment is not required, but subdivision (c) requires the person appointed, if not a State Long-Term Care Ombudsman, to file a verified statement similar to the statement filed by professional persons under Rule 2014 so that parties in interest will have information relevant to disinterestedness. If a party believes that the person appointed is not disinterested, it may file a motion asking the court to find that the person is not eligible to serve. Subdivision (d) permits parties in interest to move for the termination of the appointment of a patient care ombudsman. If the movant can show that there no longer is any need for the ombudsman, the court may order the termination of the appointment. Changes Made After Publication Committee Notes on Rules2009 Amendment The rule is amended to implement changes in connection with the amendment to Rule 9006(a) and the manner by which time is computed under the rules. The deadline in the rule is amended to substitute a deadline that is a multiple of seven days. Throughout the rules, deadlines are amended in the following manner:  5-day periods become 7-day periods  10-day periods become 14-day periods  15-day periods become 14-day periods  20-day periods become 21-day periods  25-day periods become 28-day periods 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 trustees 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 Aug. 1, 1987 Apr. 30, 1991 Aug. 1, 1991 Mar. 26, 2009 Dec. 1, 2009  Notes of Advisory Committee on Rules1983 This rule is adapted from former Bankruptcy Rule 209(c). The remainder of that rule is inapplicable because its provisions are covered by  701703, 321 of the Code. If the person selected as trustee accepts the office, he must qualify within five days after his selection, as required by  322(a) of the Code. In districts having a standing trustee for chapter 13 cases, a blanket acceptance of the appointment would be sufficient for compliance by the standing trustee with this rule. Notes of Advisory Committee on Rules1987 Amendment The rule is amended to eliminate the need for a standing chapter 13 trustee or member of the panel of chapter 7 trustees to accept or reject an appointment. Notes of Advisory Committee on Rules1991 Amendment The amendments to this rule relating to the United States trustee are derived from Rule X1004(a) and conform to the 1986 amendments to the Code and 28 U.S.C.  586 which provide that the United States trustee appoints and supervises trustees, and in a chapter 7 case presides over any election of a trustee. This rule applies when a trustee is either appointed or elected. This rule is also amended to provide for chapter 12 cases. Committee Notes on Rules2009 Amendment The rule is amended to implement changes in connection with the amendment to Rule 9006(a) and the manner by which time is computed under the rules. The deadline in the rule is amended to substitute a deadline that is a multiple of seven days. Throughout the rules, deadlines are amended in the following manner:  5-day periods become 7-day periods  10-day periods become 14-day periods  15-day periods become 14-day periods  20-day periods become 21-day periods  25-day periods become 28-day periods 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 or subchapter V of chapter 11 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  702 of the Code, unless the case is under subchapter V of chapter 7 or subchapter V of chapter 11 of the Code. (c) Appointment of Trustees for Estates Being Jointly Administered. (1)  Chapter 7 Liquidation Cases (2)  Chapter 11 Reorganization Cases (3)  Chapter 12 Family Farmers Debt Adjustment Cases (4)  Chapter 13 Individuals Debt Adjustment 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 Aug. 1, 1987 Apr. 30, 1991 Aug. 1, 1991 Mar. 27, 2003 Dec. 1, 2003 Apr. 11, 2022 Dec. 1, 2022  Notes of Advisory Committee on Rules1983 This rule is applicable in chapter 7 cases and, in part, in chapter 11 and 13 cases. The provisions in subdivisions (a) and (b) concerning creditor election of a trustee apply only in a chapter 7 case because it is only pursuant to  702 of the Code that creditors may elect a trustee. Subdivision (c) of the rule applies in chapter 11 and 13 as well as chapter 7 cases; pursuant to  1104 of the Code, the court may order the appointment of a trustee on application of a party in interest and, pursuant to  1163 of the Code, the court must appoint a trustee in a railroad reorganization case. Subdivision (c) should not be taken as an indication that more than one trustee may be appointed for a single debtor. Section 1104(c) permits only one trustee for each estate. In a chapter 13 case, if there is no standing trustee, the court is to appoint a person to serve as trustee pursuant to  1302 of the Code. There is no provision for a trustee in a chapter 9 case, except for a very limited purpose; see  926 of the Code. This rule recognizes that economical and expeditious administration of two or more estates may be facilitated not only by the selection of a single trustee for a partnership and its partners, but by such selection whenever estates are being jointly administered pursuant to Rule 1015. See In the Matter of International Oil Co In re Wood Bankruptcy Subdivision (f) Notes of Advisory Committee on Rules1991 Amendment One or more trustees may be appointed for estates being jointly administered in chapter 12 cases. The amendments to this rule are derived from Rule X1005 and are necessary because the United States trustee, rather than the court, has responsibility for appointing trustees pursuant to  701, 1104, 1202, and 1302 of the Code. If separate trustees are ordered for chapter 7 estates pursuant to subdivision (d), separate and successor trustees should be chosen as prescribed in  703 of the Code. If the occasion for another election arises, the United States trustee should call a meeting of creditors for this purpose. An order to select separate trustees does not disqualify an appointed or elected trustee from serving for one of the estates. Subdivision (e) cert. denied affd cert. denied Committee Notes on Rules2003 Amendment The rule is amended to reflect the enactment of subchapter V of chapter 7 of the Code governing multilateral clearing organization liquidations. Section 782 of the Code provides that the designation of a trustee or alternative trustee for the case is made by the Federal Reserve Board. Therefore, neither the United States trustee nor the creditors can appoint or elect a trustee in these cases. Other amendments are stylistic. Changes Made After Publication and Comments Committee Notes on Rules2022 Amendment The rule is amended in response to the enactment of the Small Business Reorganization Act of 2019, Pub. L. No. 11654, 133 Stat. 1079 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 trustees 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 Aug. 1, 1987 Apr. 30, 1991 Aug. 1, 1991  Notes of Advisory Committee on Rules1983 Subdivisions (a) and (b) Subdivision (c) Subdivision (d) Notes of Advisory Committee on Rules1987 Amendment Subdivision (b) Notes of Advisory Committee on Rules1991 Amendment This rule is amended to conform to the 1986 amendment of  322 of the Code. The United States trustee determines the amount and sufficiency of the trustees bond. The amendment to subdivision (a) is derived from Rule X1004(b). Subdivision (b) 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  322(a) of the Code, the clerk shall so notify the court and the United States trustee. (As amended Apr. 30, 1991 Aug. 1, 1991  Notes of Advisory Committee on Rules1983 This rule prescribes the evidentiary effect of a certificate issued by the clerk that the debtor is a debtor in possession. See Official Form No. 26. Only chapter 11 of the Code provides for a debtor in possession. See  1107(a) of the Code. If, however, a trustee is appointed in the chapter 11 case, there will not be a debtor in possession. See  1101(1), 1105 of the Code. Notes of Advisory Committee on Rules1991 Amendment This rule is amended to provide a procedure for proving that a trustee has qualified in accordance with  322 of the Code. Subdivision (b) Rule 2012. Substitution of Trustee or Successor Trustee; Accounting (a)  Trustee If a trustee is appointed in a chapter 11 case (other than under subchapter V), or the debtor is removed as debtor in possession in a chapter 12 case or in a case under subchapter V of chapter 11, 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 Aug. 1, 1987 Apr. 30, 1991 Aug. 1, 1991 Apr. 11, 2022 Dec. 1, 2022  Notes of Advisory Committee on Rules1983 Paragraph (1) of this rule implements  325 of the Code. It provides that a pending action or proceeding continues without abatement and that the trustees successor is automatically substituted as a party whether it be another trustee or the debtor returned to possession, as such party. Paragraph (2) places it within the responsibility of a successor trustee to file an accounting of the prior administration of the estate. If an accounting is impossible to obtain from the prior trustee because of death or lack of cooperation, prior reports submitted in the earlier administration may be updated. Notes of Advisory Committee on Rules1987 Amendment Subdivision (a) The original provisions of the rule are now in subdivision (b). Notes of Advisory Committee on Rules1991 Amendment Subdivision (a) Subdivision (b) Committee Notes on Rules2022 Amendment The rule is amended in response to the enactment of the Small Business Reorganization Act of 2019, Pub. L. No. 11654, 133 Stat. 1079 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 Aug. 1, 1987 Apr. 30, 1991 Aug. 1, 1991  Notes of Advisory Committee on Rules1983 This rule is adapted from former Rule 213. The first sentence of that rule is omitted because of the provisions in 28 U.S.C.  586 and 604(f) creating panels of private trustees. The rule is not applicable to standing trustees serving in chapter 13 cases. See  1302 of the Code. A basic purpose of the rule is to prevent what Congress has defined as cronyism. Appointment or employment, whether in a chapter 7 or 11 case, should not center among a small select group of individuals unless the circumstances are such that it would be warranted. The public record of appointments to be kept by the clerk will provide a means for monitoring the appointment process. Subdivision (b) Notes of Advisory Committee on Rules1987 Amendment In subdivisions (b) and (c) the word awarded is substituted for the word paid. While clerks do not know if fees are paid, they can determine what fees are awarded by the court. Notes of Advisory Committee on Rules1991 Amendment Subdivision (a) Subdivision (b) Subdivision (c) The rule is not applicable to standing trustees serving in chapter 12 cases. See  1202 of the Code. 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  327,  1103, or  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 applicants knowledge, all of the persons 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 persons 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 Aug. 1, 1987 Apr. 30, 1991 Aug. 1, 1991  Notes of Advisory Committee on Rules1983 Subdivision (a) Subdivision (b) Notes of Advisory Committee on Rules1991 Amendment This rule is amended to include retention of professionals by committees of retired employees pursuant to  1114 of the Code. The United States trustee monitors applications filed under  327 of the Code and may file with the court comments with respect to the approval of such applications. See 28 U.S.C.  586(a)(3)(H). The United States trustee also monitors creditors committees in accordance with 28 U.S.C.  586(a)(3)(E). The addition of the second sentence of subdivision (a) is designed to enable the United States trustee to perform these duties. Subdivision (a) The United States trustee appoints committees pursuant to  1102 of the Code which is applicable in chapter 9 cases under  901. In the interest of full disclosure and confidence in the bankruptcy system, a connection between the United States trustee and a professional employed by the committee should be revealed in every case, including a chapter 9 case. However, since the United States trustee does not have any role in the employment of professionals in chapter 9 cases, it is not necessary in such cases to transmit to the United States trustee a copy of the application under subdivision (a) of this rule. See 28 U.S.C.  586(a)(3)(H). 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 (other than under subchapter V), 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(a)(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 (other than under subchapter V), 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 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)  Trustee, Debtor in Possession, and Debtor in a Case Under Subchapter V of Chapter In a case under subchapter V of chapter 11, the debtor in possession shall perform the duties prescribed in (a)(2)(4) and, if the court directs, shall file and transmit to the United States trustee a complete inventory of the debtors property 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 subdivision (b). The debtor shall perform the duties prescribed in (a)(6). (c)  Chapter Trustee and Debtor in Possession In a chapter 12 family farmers 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 subdivision (c). (d)  Chapter (1)  Business Cases (2)  Nonbusiness Cases (e)  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 14 days after the date when the representative becomes aware of the subsequent information. (f)  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 Aug. 1, 1987 Apr. 30, 1991 Aug. 1, 1991 Apr. 23, 1996 Dec. 1, 1996 Apr. 29, 2002 Dec. 1, 2002 Apr. 23, 2008 Dec. 1, 2008 Mar. 26, 2009 Dec. 1, 2009 Apr. 23, 2012 Dec. 1, 2012 Apr. 11, 2022 Dec. 1, 2022  Notes of Advisory Committee on Rules1983 This rule combines the provisions found in former Rules 218, 10208, 1130 and 13208 of the Rules of Bankruptcy Procedure. It specifies various duties which are in addition to those required by  704, 1106, 1302 and 1304 of the Code. In subdivision (a) Subdivision (b) Subdivision (c) Notes of Advisory Committee on Rules1987 Amendment Subdivision (a) Notes of Advisory Committee on Rules1991 Amendment This rule is amended to provide the United States trustee with information needed to perform supervisory responsibilities in accordance with 28 U.S.C.  586(a)(3) and to exercise the right to raise, appear and be heard on issues pursuant to  307 of the Code. Subdivision (a)(3) Subdivision (a)(5) The new subdivision (a)(5) was added to enable the United States trustee, parties in interest, and the court to determine the appropriate quarterly fee required by 28 U.S.C.  1930(a)(6). The requirements of subdivision (a)(5) should be satisfied whenever possible by including this information in other reports filed by the trustee or debtor in possession. Nonpayment of the fee may result in dismissal or conversion of the case pursuant to  1112(b) of the Code. Rule X1007(b), which provides that the trustee or debtor in possession shall cooperate with the United States trustee by furnishing information that the United States trustee reasonably requires, is deleted as unnecessary. The deletion of Rule X1007(b) should not be construed as a limitation of the powers of the United States trustee or of the duty of the trustee or debtor in possession to cooperate with the United States trustee in the performance of the statutory responsibilities of that office. Subdivision (a)(6) Subdivision (a)(7) New subdivision (b) Notes of Advisory Committee on Rules1996 Amendment Subdivision (a)(1) GAP Report on Rule 2015 Committee Notes on Rules2002 Amendment Subdivision (a)(5) Other amendments are stylistic. Changes Made After Publication and Comments Committee Notes on Rules2008 Amendment Subparagraph (a)(6) implements  308 of the Code, added by the 2005 amendments. That section requires small business chapter 11 debtors to file periodic financial and operating reports, and the rule sets the time for filing those reports and requires the use of an Official Form for the report. The obligation to file reports under this rule does not relieve the trustee or debtor of any other obligations to provide information or documents to the United States trustee. The rule also is amended to fix the time for the filing of notices under  1518, added to the Code in 2005. Former subdivision (d) is renumbered as subdivision (e). Other changes are stylistic. Changes Made After Publication Committee Notes on Rules2009 Amendment The rule is amended to implement changes in connection with the amendment to Rule 9006(a) and the manner by which time is computed under the rules. The deadlines in the rule are amended to substitute a deadline that is a multiple of seven days. Throughout the rules, deadlines are amended in the following manner:  5-day periods become 7-day periods  10-day periods become 14-day periods  15-day periods become 14-day periods  20-day periods become 21-day periods  25-day periods become 28-day periods Committee Notes on Rules2012 Amendment Subdivision (a)(3) Committee Notes on Rules2022 Amendment The rule is amended in response to the enactment of the Small Business Reorganization Act of 2019, Pub. L. No. 11654, 133 Stat. 1079 Former subdivisions (b), (c), (d), and (e) are redesignated (c), (d), (e), and (f)[,] respectively. Rule 2015.1. Patient Care Ombudsman (a)  Reports A patient care ombudsman, at least 14 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 debtors 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 patients 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 Dec. 1, 2008 Mar. 26, 2009 Dec. 1, 2009  Committee Notes on Rules2008 This rule is new and implements  333 of the Code, added by the 2005 amendments. Subdivision (a) is designed to give parties in interest, including patients or their representatives, sufficient notice so that they will be able to review written reports or attend hearings at which reports are made. The rule permits a notice to relate to a single report or to periodic reports to be given during the case. For example, the ombudsman may give notice that reports will be made at specified intervals or dates during the case. Subdivision (a) of the rule also requires that the notice be posted conspicuously at the health care facility in a place where it will be seen by patients and their families or others visiting the patients. This may require posting in common areas and patient rooms within the facility. Because health care facilities and the patients they serve can vary greatly, the locations of the posted notice should be tailored to the specific facility that is the subject of the report. Subdivision (b) requires the ombudsman to notify the patient and the United States trustee that the ombudsman is seeking access to confidential patient records so that they will be able to appear and be heard on the matter. This procedure should assist the court in reaching its decision both as to access to the records and appropriate restrictions on that access to ensure continued confidentiality. Notices given under this rule are subject to the provisions of applicable federal and state law that relate to the protection of patients privacy, such as the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104191 (HIPAA). Changes Made After Publication Committee Notes on Rules2009 Amendment The rule is amended to implement changes in connection with the amendment to Rule 9006(a) and the manner by which time is computed under the rules. The deadlines in the rule are amended to substitute a deadline that is a multiple of seven days. Throughout the rules, deadlines are amended in the following manner:  5-day periods become 7-day periods  10-day periods become 14-day periods  15-day periods become 14-day periods  20-day periods become 21-day periods  25-day periods become 28-day periods 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 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 patients health care. The notice is subject to applicable nonbankruptcy law relating to patient privacy. (Added Apr. 23, 2008 Dec. 1, 2008 Mar. 26, 2009 Dec. 1, 2009  Committee Notes on Rules2008 This rule is new. Section 704(a)(12), added to the Code by the 2005 amendments, authorizes the trustee to relocate patients when a health care business debtors facility is in the process of being closed. The Code permits the trustee to take this action without the need for any court order, but the notice required by this rule will enable a patient care ombudsman appointed under  333, or a patient who contends that the trustees actions violate  704(a)(12), to have those issues resolved before the patient is transferred. This rule also permits the court to enter an order dispensing with or altering the notice requirement in proper circumstances. For example, a facility could be closed immediately, or very quickly, such that 10 days notice would not be possible in some instances. In that event, the court may shorten the time required for notice. Notices given under this rule are subject to the provisions of applicable federal and state law that relate to the protection of patients privacy, such as the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104191 (HIPAA). Changes Made After Publication Committee Notes on Rules2009 Amendment The rule is amended to implement changes in connection with the amendment to Rule 9006(a) and the manner by which time is computed under the rules. The deadline in the rule is amended to substitute a deadline that is a multiple of seven days. Throughout the rules, deadlines are amended in the following manner:  5-day periods become 7-day periods  10-day periods become 14-day periods  15-day periods become 14-day periods  20-day periods become 21-day periods  25-day periods become 28-day periods 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  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 estates 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 holdersknown to the trustee or debtor in possessionof 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). (Added Apr. 23, 2008 Dec. 1, 2008 Mar. 26, 2009 Dec. 1, 2009  Committee Notes on Rules2008 This rule implements  419 of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA). Reports are to be made on the appropriate Official Form. While  419 of BAPCPA places the obligation to report upon the debtor, this rule extends the obligation to include cases in which a trustee has been appointed. The court can order that the reports not be filed in appropriate circumstances, such as when the information that would be included in these reports is already available to interested parties. Changes After Publication Committee Notes on Rules2009 Amendment The rule is amended to implement changes in connection with the amendment to Rule 9006(a) and the manner by which time is computed under the rules. The deadline in the rule is amended to substitute a deadline that is a multiple of seven days. Throughout the rules, deadlines are amended in the following manner:  5-day periods become 7-day periods  10-day periods become 14-day periods  15-day periods become 14-day periods  20-day periods become 21-day periods  25-day periods become 28-day periods 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  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 attorneys 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  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 Aug. 1, 1987 Apr. 30, 1991 Aug. 1, 1991 Mar. 27, 2003 Dec. 1, 2003 Mar. 26, 2009 Dec. 1, 2009  Notes of Advisory Committee on Rules1983 This rule is derived from former Rule 219. Many of the former rules requirements are, however, set forth in the Code. Section 329 requires disclosure by an attorney of transactions with the debtor,  330 sets forth the bases for allowing compensation, and  504 prohibits sharing of compensation. This rule implements those various provisions. Subdivision (a) Regular associate of a law firm is defined in Rule 9001(9) to include any attorney regularly employed by, associated with, or counsel to that law firm. Firm is defined in Rule 9001(6) to include a partnership or professional corporation. Notes of Advisory Committee on Rules1987 Amendment Subdivision (a) Subdivision (b) Notes of Advisory Committee on Rules1991 Amendment Subdivision (a) Subdivision (b) The words with the court are deleted in subdivisions (a) and (b) as unnecessary. See Rules 5005(a) and 9001(3). Committee Notes on Rules2003 Amendment This rule is amended by adding subdivision (c) to implement  110(h)(1) of the Code. Changes Made After Publication and Comments Committee Notes on Rules2009 Amendment The rule is amended to implement changes in connection with the amendment to Rule 9006(a) and the manner by which time is computed under the rules. The deadline in the rule is amended to substitute a deadline that is a multiple of seven days. Throughout the rules, deadlines are amended in the following manner:  5-day periods become 7-day periods  10-day periods become 14-day periods  15-day periods become 14-day periods  20-day periods become 21-day periods  25-day periods become 28-day periods Subdivision (c) is amended to reflect the 2005 amendment to  110(h)(1) of the Bankruptcy Code which now requires that the declaration be filed with the petition. The statute previously required that the petition preparer file the declaration within 10 days after the filing of the petition. The amendment to the rule also corrects the cross reference to  110(h)(1), which was redesignated as subparagraph (h)(2) of  110 by the 2005 amendment to the Code. Other changes are stylistic. Rule 2017. Examination of Debtors Transactions with Debtors Attorney (a)  Payment or Transfer to Attorney Before Order for Relief On motion by any party in interest or on the courts 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 courts 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 Aug. 1, 1987 Apr. 30, 1991 Aug. 1, 1991  Notes of Advisory Committee on Rules1983 This rule is derived from  60d of the Act and former Bankruptcy Rule 220 and implements  329 of the Code. Information required to be disclosed by the attorney for a debtor by  329 of the Code and by the debtor in his Statement of Financial Affairs (Item #15 of Form No. 7, Item #20 of Form No. 8) will assist the court in determining whether to proceed under this rule. Section 60d was enacted in recognition of the temptation of a failing debtor to deal too liberally with his property in employing counsel to protect him in view of financial reverses and probable failure. In re Wood & Henderson Bankruptcy Bankruptcy This rule is not to be construed to permit post-petition payments or transfers which may be avoided under other provisions of the Code. Notes of Advisory Committee on Rules1991 Amendment This rule is amended to include within subdivision (a) a payment or transfer of property by the debtor to an attorney after the filing of an involuntary petition but before the order for relief. Any party in interest should be able to make a motion for a determination of whether such payment or transfer is excessive because the funds or property transferred may be property of the estate. The United States trustee supervises and monitors the administration of bankruptcy cases other than chapter 9 cases and pursuant to  307 of the Code may raise, appear and be heard on issues relating to fees paid to the debtors attorney. It is consistent with that role to expect the United States trustee to review statements filed under Rule 2016(b) and to file motions relating to excessive fees pursuant to  329 of the Code. 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 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 Aug. 1, 1987 Apr. 30, 1991 Aug. 1, 1991  Notes of Advisory Committee on Rules1983 This rule is derived from former Rules 8210, 915 and 10210 and it implements  1109 and 1164 of the Code. Pursuant to  1109 of the Code, parties in interest have a right to be heard and the Securities and Exchange Commission may raise and be heard on any issue but it may not take an appeal. That section is applicable in chapter 9 cases ( 901 of the Code) and in chapter 11 cases, including cases under subchapter IV thereof for the reorganization of a railroad. In a railroad reorganization case under subchapter IV of chapter 11,  1164 also gives the right to be heard to the Interstate Commerce Commission, the Department of Transportation and any state or local regulatory commission with jurisdiction over the debtor, but these entities may not appeal. This rule does not apply in adversary proceedings. For intervention in adversary proceedings, see Rule 7024. The rules do not provide any right of compensation to or reimbursement of expenses for intervenors or others covered by this rule. Section 503(b)(3)(D) and (4) is not applicable to the entities covered by this rule. Subdivision (a) Subdivision (b) This subdivision does not grant the Attorney General the status of party in interest. In other contexts, the Attorney General will, of course, be a party in interest as for example, in representing a state in connection with a tax claim. Subdivision (c) Subdivision (d) Subdivision (e) Notes of Advisory Committee on Rules1987 Amendment Subdivision (d) Notes of Advisory Committee on Rules1991 Amendment Subdivisions (b) and (d) Rule 2019. Disclosure Regarding Creditors and Equity Security Holders in Chapter 9 and Chapter 11 Cases (a)  Definitions In this rule the following terms have the meanings indicated: (1) Disclosable economic interest means any claim, interest, pledge, lien, option, participation, derivative instrument, or any other right or derivative right granting the holder an economic interest that is affected by the value, acquisition, or disposition of a claim or interest. (2) Represent or represents means to take a position before the court or to solicit votes regarding the confirmation of a plan on behalf of another. (b) Disclosure by Groups, Committees, and Entities. (1) In a chapter 9 or 11 case, a verified statement setting forth the information specified in subdivision (c) of this rule shall be filed by every group or committee that consists of or represents, and every entity that represents, multiple creditors or equity security holders that are (A) acting in concert to advance their common interests, and (B) not composed entirely of affiliates or insiders of one another. (2) Unless the court orders otherwise, an entity is not required to file the verified statement described in paragraph (1) of this subdivision solely because of its status as: (A) an indenture trustee; (B) an agent for one or more other entities under an agreement for the extension of credit; (C) a class action representative; or (D) a governmental unit that is not a person. (c)  Information Required The verified statement shall include: (1) the pertinent facts and circumstances concerning: (A) with respect to a group or committee, other than a committee appointed under  1102 or  1114 of the Code, the formation of the group or committee, including the name of each entity at whose instance the group or committee was formed or for whom the group or committee has agreed to act; or (B) with respect to an entity, the employment of the entity, including the name of each creditor or equity security holder at whose instance the employment was arranged; (2) if not disclosed under subdivision (c)(1), with respect to an entity, and with respect to each member of a group or committee: (A) name and address; (B) the nature and amount of each disclosable economic interest held in relation to the debtor as of the date the entity was employed or the group or committee was formed; and (C) with respect to each member of a group or committee that claims to represent any entity in addition to the members of the group or committee, other than a committee appointed under  1102 or  1114 of the Code, the date of acquisition by quarter and year of each disclosable economic interest, unless acquired more than one year before the petition was filed; (3) if not disclosed under subdivision (c)(1) or (c)(2), with respect to each creditor or equity security holder represented by an entity, group, or committee, other than a committee appointed under  1102 or  1114 of the Code: (A) name and address; and (B) the nature and amount of each disclosable economic interest held in relation to the debtor as of the date of the statement; and (4) a copy of the instrument, if any, authorizing the entity, group, or committee to act on behalf of creditors or equity security holders. (d)  Supplemental Statements If any fact disclosed in its most recently filed statement has changed materially, an entity, group, or committee shall file a verified supplemental statement whenever it takes a position before the court or solicits votes on the confirmation of a plan. The supplemental statement shall set forth the material changes in the facts required by subdivision (c) to be disclosed. (e) Determination of Failure to Comply; Sanctions. (1) On motion of any party in interest, or on its own motion, the court may determine whether there has been a failure to comply with any provision of this rule. (2) If the court finds such a failure to comply, it may: (A) refuse to permit the entity, group, or committee to be heard or to intervene in the case; (B) hold invalid any authority, acceptance, rejection, or objection given, procured, or received by the entity, group, or committee; or (C) grant other appropriate relief. (As amended Mar. 30, 1987 Aug. 1, 1987 Apr. 30, 1991 Aug. 1, 1991 Apr. 26, 2011 Dec. 1, 2011  Notes of Advisory Committee on Rules1983 This rule is a comprehensive regulation of representation in chapter 9 municipality and in chapter 11 reorganization cases. It is derived from  209213 of the Act and former Chapter X Rule 10211. Subdivision (b) Notes of Advisory Committee on Rules1991 Amendment Subdivision (a) Committee Notes on Rules2011 Amendment The rule is substantially amended to expand the scope of its coverage and the content of its disclosure requirements. Stylistic and organizational changes are also made in order to provide greater clarity. Because the rule no longer applies only to representatives of creditors and equity security holders, the title of the rule has been changed to reflect its broadened focus on disclosure of financial information in chapter 9 and chapter 11 cases. Subdivision (a) The second definition is of represent or represents. The definition provides that representation requires active participation in the case or in a proceeding on behalf of another entityeither by taking a position on a matter before the court or by soliciting votes on the confirmation of a plan. Thus, for example, an attorney who is retained and consulted by a creditor or equity security holder to monitor the case, but who does not advocate any position before the court or engage in solicitation activities on behalf of that client, does not represent the creditor or equity security holder for purposes of this rule. Subdivision (b) represents consist of Subdivision (b)(2) excludes certain entities from the rules coverage. Even though these entities may represent multiple creditors or equity security holders, they do so under formal legal arrangements of trust or contract law that preclude them from acting on the basis of conflicting economic interests. For example, an indenture trustees responsibilities are defined by the indenture, and individual interests of bondholders would not affect the trustees representation. Subdivision (c) Subdivision (c)(2) specifies information that must be disclosed with respect to the entity and each member of the committee and group filing the statement. In the case of a committee or group, the information about the nature and amount of a disclosable economic interest must be specifically provided on a member-by-member basis, and not in the aggregate. The quarter and year in which each disclosable economic interest was acquired by each member of a committee or group (other than an official committee) that claims to represent others must also be specifically provided, except for a disclosable economic interest acquired more than a year before the filing of the petition. Although the rule no longer requires the disclosure of the precise date of acquisition or the amount paid for disclosable economic interests, nothing in this rule precludes either the discovery of that information or its disclosure when ordered by the court pursuant to authority outside this rule. Subdivision (c)(3) specifies information that must be disclosed with respect to creditors or equity security holders that are represented by an entity, group, or committee. This provision does not apply with respect to those represented by official committees. The information required to be disclosed under subdivision (c)(3) parallels that required to be disclosed under subdivision (c)(2)(A) and (B). The amendment also clarifies that under (c)(3) the nature and amount of each disclosable economic interest of represented creditors and shareholders must be stated as of the date of the verified statement. Subdivision (c)(4) requires the attachment of any instrument authorizing the filer of the verified statement to act on behalf of creditors or equity security holders. Subdivision (d) Subdivision (e) Changes Made After Publication. Subdivision (a) Subdivision (b) In the paragraph now designated as (1), language was added providing that groups, committees, and entities are covered by the rule only if they consist of or represent multiple creditors or equity security holders that are (A) acting in concert to advance their common interests, and (B) not composed entirely of affiliates or insiders of one another. The phrase and, unless the court directs otherwise, every indenture trustee, was deleted. Subdivision (b)(2) was added to specify entities that are not required to file a verified statement merely because they act in one of the designated capacities. Subdivision (c) The requirement in subdivision (c)(2)(C) and (c)(3)(C) for disclosure of the acquisition date of each disclosable economic interest was modified. The requirement was made applicable only to members of an unofficial group or committee that claims to represent any entity in addition to the members of the group or committee, and the date that must be disclosed was limited to the quarter and year of acquisition. Subdivision (d) Subdivision (e) Subdivision (e)(2), which enumerated the materials the court could examine in making a determination of noncompliance, was deleted. Committee Note Other changes 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 Aug. 1, 1991  Notes of Advisory Committee on Rules1991 The United States trustee performs administrative functions, such as the convening of the meeting of creditors and the appointment of trustees and committees. Most of the acts of the United States trustee are not controversial and will go unchallenged. However, the United States trustee is not a judicial officer and does not resolve disputes regarding the propriety of its own actions. This rule, which is new, provides a procedure for judicial review of the United States trustees acts or failure to act in connection with the administration of the case. For example, if the United States trustee schedules a  341 meeting to be held 90 days after the petition is filed, and a party in interest wishes to challenge the propriety of that act in view of  341(a) of the Code and Rule 2003 which requires that the meeting be held not more than 40 days after the order for relief, this rule permits the party to do so by motion. This rule provides for review of acts already committed by the United States trustee, but does not provide for advisory opinions in advance of the act. This rule is not intended to limit the discretion of the United States trustee, provided that the United States trustees act is authorized by, and in compliance with, the Code, title 28, these rules, and other applicable law. 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 creditors 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 creditors authorized agent except as provided in Rules 3004 and 3005. (c) Supporting Information. (1)  Claim Based on a Writing (2)  Additional Requirements in an Individual Debtor Case; Sanctions for Failure to Comply (A) If, in addition to its principal amount, a claim includes interest, fees, expenses, or other charges incurred before the petition was filed, an itemized statement of the interest, fees, expenses, or charges shall be filed with the proof of claim. (B) If a security interest is claimed in the debtors property, a statement of the amount necessary to cure any default as of the date of the petition shall be filed with the proof of claim. (C) If a security interest is claimed in property that is the debtors principal residence, the attachment prescribed by the appropriate Official Form shall be filed with the proof of claim. If an escrow account has been established in connection with the claim, an escrow account statement prepared as of the date the petition was filed and in a form consistent with applicable nonbankruptcy law shall be filed with the attachment to the proof of claim. (D) If the holder of a claim fails to provide any information required by this subdivision (c), the court may, after notice and hearing, take either or both of the following actions: (i) preclude the holder from presenting the omitted information, in any form, as evidence in any contested matter or adversary proceeding in the case, unless the court determines that the failure was substantially justified or is harmless; or (ii) award other appropriate relief, including reasonable expenses and attorneys fees caused by the failure. (3)  Claim Based on an Open-End or Revolving Consumer Credit Agreement (A) When a claim is based on an open-end or revolving consumer credit agreementexcept one for which a security interest is claimed in the debtors real propertya statement shall be filed with the proof of claim, including all of the following information that applies to the account: (i) the name of the entity from whom the creditor purchased the account; (ii) the name of the entity to whom the debt was owed at the time of an account holders last transaction on the account; (iii) the date of an account holders last transaction; (iv) the date of the last payment on the account; and (v) the date on which the account was charged to profit and loss. (B) On written request by a party in interest, the holder of a claim based on an open-end or revolving consumer credit agreement shall, within 30 days after the request is sent, provide the requesting party a copy of the writing specified in paragraph (1) of this subdivision. (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 (2)  Transfer of Claim Other than for Security after Proof Filed (3)  Transfer of Claim for Security Before Proof Filed (4)  Transfer of Claim for Security after Proof Filed (5)  Service of Objection or Motion; Notice of 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 1 section 557 of title 11 (As amended Pub. L. 98353, title III,  354 July 10, 1984 98 Stat. 361 Apr. 30, 1991 Aug. 1, 1991 Mar. 26, 2009 Dec. 1, 2009 Apr. 26, 2011 Dec. 1, 2011 Apr. 23, 2012 Dec. 1, 2012  Notes of Advisory Committee on Rules1983 This rule is adapted from former Bankruptcy Rules 301 and 302. The Federal Rules of Evidence, made applicable to cases under the Code by Rule 1101, do not prescribe the evidentiary effect to be accorded particular documents. Subdivision (f) of this rule supplements the Federal Rules of Evidence as they apply to cases under the Code. Subdivision (c) Cf Subdivision (d) Subdivision (e) Monroe v. Scofield In re Philadelphia & Western Ry cf. In re Latham Lithographic Corp Paragraphs (3) and (4) clarify the status of a claim transferred for the purpose of security. An assignee for security has been recognized as a rightful claimant in bankruptcy. Feder v. John Engelhorn & Sons In re R & L Engineering Co In re Latham Lithographic Corp Paragraphs (2) and (4) of subdivision (e) deal with the transfer of a claim after proof has been filed. Evidence of the terms of the transfer required to be disclosed to the court will facilitate the courts determination of the appropriate order to be entered because of the transfer. Paragraph (5) describes the procedure to be followed when an objection is made by the transferor to the transferees filed evidence of transfer. Notes of Advisory Committee on Rules1987 Subdivision (g) Notes of Advisory Committee on Rules1991 Amendment Subdivision (a) Subdivision (e) The words with the clerk in subdivision (e)(2) and (e)(4) are deleted as unnecessary. See Rules 5005(a) and 9001(3). Committee Notes on Rules2009 Amendment The rule is amended to implement changes in connection with the amendment to Rule 9006(a) and the manner by which time is computed under the rules. The deadlines in the rule are amended to substitute a deadline that is a multiple of seven days. Throughout the rules, deadlines are amended in the following manner:  5-day periods become 7-day periods  10-day periods become 14-day periods  15-day periods become 14-day periods  20-day periods become 21-day periods  25-day periods become 28-day periods Committee Notes on Rules2011 Amendment Subdivision (c) Existing subdivision (c) is redesignated as (c)(1). Subdivision (c)(2) is added to require additional information to accompany proofs of claim filed in cases in which the debtor is an individual. When the holder of a claim seeks to recoverin addition to the principal amount of a debtinterest, fees, expenses, or other charges, the proof of claim must be accompanied by a statement itemizing these additional amounts with sufficient specificity to make clear the basis for the claimed amount. If a claim is secured by a security interest in the property of the debtor and the debtor defaulted on the claim prior to the filing of the petition, the proof of claim must be accompanied by a statement of the amount required to cure the prepetition default. If the claim is secured by a security interest in the debtors principal residence, the proof of claim must be accompanied by the attachment prescribed by the appropriate Official Form. In that attachment, the holder of the claim must provide the information required by subparagraphs (A) and (B) of this paragraph (2). In addition, if an escrow account has been established in connection with the claim, an escrow account statement showing the account balance, and any amount owed, as of the date the petition was filed must be submitted in accordance with subparagraph (C). The statement must be prepared in a form consistent with the requirements of nonbankruptcy law. See, e.g. et seq. Subparagraph (D) of subdivision (c)(2) sets forth sanctions that the court may impose on a creditor in an individual debtor case that fails to provide information required by subdivision (c). Failure to provide the required information does not itself constitute a ground for disallowance of a claim. See Changes Made After Publication. Subdivision (c)(1) Subdivision (c)(2) In subdivision (c)(2)(D), the clause the holder shall be precluded was deleted, and the provision was revised to state that the court may, after notice and hearing, take either or both of the specified actions. Committee Note The discussion of subdivision (c)(2)(D) was expanded to clarify that failure to provide required documentation, by itself, is not a ground for disallowance of a claim and that the court has several options in responding to a creditors failure to provide information required by subdivision (c). Other changes Committee Notes on Rules2012 Amendment Subdivision (c) Subdivision (c) is further amended to add paragraph (3). Except with respect to claims secured by a security interest in the debtors real property (such as a home equity line of credit), paragraph (3) specifies information that must be provided in support of a claim based on an open-end or revolving consumer credit agreement (such as an agreement underlying the issuance of a credit card). Because a claim of this type may have been sold one or more times prior to the debtors bankruptcy, the debtor may not recognize the name of the person filing the proof of claim. Disclosure of the information required by paragraph (3) will assist the debtor in associating the claim with a known account. It will also provide a basis for assessing the timeliness of the claim. The date, if any, on which the account was charged to profit and loss (charge-off date) under subparagraph (A)(v) should be determined in accordance with applicable standards for the classification and account management of consumer credit. A proof of claim executed and filed in accordance with subparagraph (A), as well as the applicable provisions of subdivisions (a), (b), (c)(2), and (e), constitutes prima facie evidence of the validity and amount of the claim under subdivision (f). To the extent that paragraph (3) applies to a claim, paragraph (1) of subdivision (c) is not applicable. A party in interest, however, may obtain the writing on which an open-end or revolving consumer credit claim is based by requesting in writing that documentation from the holder of the claim. The holder of the claim must provide the documentation within 30 days after the request is sent. The court, for cause, may extend or reduce that time period under Rule 9006. Changes Made After Publication. Subdivision (c)(1) Subdivision (c)(3) A time limit of 30 days for responding to a written request under subparagraph (B) was added. Committee Note Other changes  References in Text The United States Warehouse Act, referred to in subd. (g), is Part C of act Aug. 11, 1916, ch. 313 39 Stat. 486 section 241 of Title 7 Amendment by Public Law 1984Subd. (g). Pub. L. 98353 Effective Date of 1984 Amendment Amendment by Pub. L. 98353 July 10, 1984 section 552(a) of Pub. L. 98353 section 101 of this title Rule 3002. Filing Proof of Claim or Interest (a)  Necessity for Filing A secured creditor, unsecured creditor, or 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. A lien that secures a claim against the debtor is not void due only to the failure of any entity to file a proof of claim. (b)  Place of Filing A proof of claim or interest shall be filed in accordance with Rule 5005. (c)  Time for Filing In a voluntary chapter 7 case, chapter 12 case, or chapter 13 case, a proof of claim is timely filed if it is filed not later than 70 days after the order for relief under that chapter or the date of the order of conversion to a case under chapter 12 or chapter 13. In an involuntary chapter 7 case, a proof of claim is timely filed if it is filed not later than 90 days after the order for relief under that chapter is entered. But in all these cases, the following exceptions apply: (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. (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 entitys 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) On motion filed by a creditor before or after the expiration of the time to file a proof of claim, the court may extend the time by not more than 60 days from the date of the order granting the motion. The motion may be granted 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. (7) A proof of claim filed by the holder of a claim that is secured by a security interest in the debtors principal residence is timely filed if: (A) the proof of claim, together with the attachments required by Rule 3001(c)(2)(C), is filed not later than 70 days after the order for relief is entered; and (B) any attachments required by Rule 3001(c)(1) and (d) are filed as a supplement to the holders claim not later than 120 days after the order for relief is entered. (As amended Mar. 30, 1987 Aug. 1, 1987 Apr. 30, 1991 Aug. 1, 1991 Apr. 23, 1996 Dec. 1, 1996 Apr. 23, 2008 Dec. 1, 2008 Apr. 27, 2017 Dec. 1, 2017 Apr. 11, 2022 Dec. 1, 2022  Notes of Advisory Committee on Rules1983 Subdivision (a) A secured claim need not be filed or allowed under  502 or  506(d) unless a party in interest has requested a determination and allowance or disallowance under  502. Subdivision (c) Although the claim of a secured creditor may have arisen before the petition, a judgment avoiding the security interest may not have been entered until after the time for filing claims has expired. Under Rule 3002(c)(3) the creditor who did not file a secured claim may nevertheless file an unsecured claim within the time prescribed. A judgment does not become final for the purpose of starting the 30 day period provided for by paragraph (3) until the time for appeal has expired or, if an appeal is taken, until the appeal has been disposed of. In re Tapp Paragraph (1) is derived from former Bankruptcy Rule 302(e). The governmental unit may move for an extension of the 90 day period. Pursuant to  501(c) of the Code, if the government does not file its claim within the proper time period, the debtor or trustee may file on its behalf. An extension is not needed by the debtor or trustee because the right to file does not arise until the governments time has expired. Paragraph (4) is derived from former chapter rules. (See, e.g Paragraph (5) of subdivision (c) is correlated with the provision in Rule 2002(e) authorizing notification to creditors of estates from which no dividends are anticipated. The clause permits creditors who have refrained from filing claims after receiving notification to be given an opportunity to file when subsequent developments indicate the possibility of a dividend. The notice required by this clause must be given in the manner provided in Rule 2002. The information relating to the discovery of assets will usually be obtained by the clerk from the trustees interim reports or special notification by the trustee. Provision is made in Rule 2002(a) and (h) for notifying all creditors of the fixing of a time for filing claims against a surplus under paragraph (6). This paragraph does not deal with the distribution of the surplus. Reference must also be made to  726(a)(2)(C) and (3) which permits distribution on late filed claims. Paragraph (6) is only operative in a chapter 7 case. In chapter 13 cases, the plan itself provides the distribution to creditors which is not necessarily dependent on the size of the estate. Notes of Advisory Committee on Rules1987 Amendment Subdivision (a) Notes of Advisory Committee on Rules1991 Amendment Subdivision (a) Notes of Advisory Committee on Rules1996 Amendment The amendments are designed to conform to  502(b)(9) and 726(a) of the Code as amended by the Bankruptcy Reform Act of 1994. The Reform Act amended  726(a)(1) and added  502(b)(9) to the Code to govern the effects of a tardily filed claim. Under  502(b)(9), a tardily filed claim must be disallowed if an objection to the proof of claim is filed, except to the extent that a holder of a tardily filed claim is entitled to distribution under  726(a)(1), (2), or (3). The phrase in accordance with this rule is deleted from Rule 3002(a) to clarify that the effect of filing a proof of claim after the expiration of the time prescribed in Rule 3002(c) is governed by  502(b)(9) of the Code, rather than by this rule. Section 502(b)(9) of the Code provides that a claim of a governmental unit shall be timely filed if it is filed before 180 days after the date of the order for relief or such later time as the Bankruptcy Rules provide. To avoid any confusion as to whether a governmental units proof of claim is timely filed under  502(b)(9) if it is filed on the 180th day after the order for relief, paragraph (1) of subdivision (c) provides that a governmental units claim is timely if it is filed not later than 180 days after the order for relief. References to the United States, a state, or subdivision thereof in paragraph (1) of subdivision (c) are changed to governmental unit to avoid different treatment among foreign and domestic governments. GAP Report on Rule 3002 The amendments to  502(b) also provide that a governmental units proof of claim is timely filed if it is filed before 180 days after the order for relief. Proposed amendments to Rule 3002(c)(1) were added to the published amendments to conform to this statutory change and to avoid any confusion as to whether a claim by a governmental unit is timely if it is filed on the 180th day. The committee note has been re-written to explain the rule changes designed to conform to the Reform Act. Committee Notes on Rules2008 Amendment Subdivision (c)(1) is amended to reflect the addition of  1308 to the Bankruptcy Code in 2005. This provision requires that chapter 13 debtors file tax returns during the pendency of the case, and imposes bankruptcy-related consequences if debtors fail to do so. Subdivision (c)(1) provides additional time for governmental units to file a proof of claim for tax obligations with respect to tax returns filed during the pendency of a chapter 13 case. The amendment also allows the governmental unit to move for additional time to file a proof of claim prior to expiration of the applicable filing period. Subdivision (c)(5) of the rule is amended to set a new period for providing notice to creditors that they may file a proof of claim in a case in which they were previously informed that there was no need to file a claim. Under Rule 2002(e), if it appears that there will be no distribution to creditors, the creditors are notified of this fact and are informed that if assets are later discovered and a distribution is likely that a new notice will be given to the creditors. This second notice is prescribed by Rule 3002(c)(5). The rule is amended to direct the clerk to give at least 90 days notice of the time within which creditors may file a proof of claim. Setting the deadline in this manner allows the notices being sent to creditors to be more accurate regarding the deadline than was possible under the prior rule. The rule previously began the 90 day notice period from the time of the mailing of the notice, a date that could vary and generally would not even be known to the creditor. Under the amended rule, the notice will identify a specific bar date for filing proofs of claim thereby being more helpful to the creditors. Subdivision (c)(6) is added to give the court discretion to extend the time for filing a proof of claim for a creditor who received notice of the time to file the claim at a foreign address, if the court finds that the notice was not sufficient, under the particular circumstances, to give the foreign creditor a reasonable time to file a proof of claim. This amendment is designed to comply with  1514(d), added to the Code by the 2005 amendments, and requires that the rules and orders of the court provide such additional time as is reasonable under the circumstances for foreign creditors to file claims in cases under all chapters of the Code. Other changes are stylistic. Changes Made After Publication Committee Notes on Rules2017 Amendment Subdivision (a) is amended to clarify that a creditor, including a secured creditor, must file a proof of claim in order to have an allowed claim. The amendment also clarifies, in accordance with  506(d), that the failure of a secured creditor to file a proof of claim does not render the creditors lien void. The inclusion of language from  506(d) is not intended to effect any change of law with respect to claims subject to setoff under  553. The amendment preserves the existing exceptions to this rule under Rules 1019(3), 3003, 3004, and 3005. Under Rule 1019(3), a creditor does not need to file another proof of claim after conversion of a case to chapter 7. Rule 3003 governs the filing of a proof of claim in chapter 9 and chapter 11 cases. Rules 3004 and 3005 govern the filing of a proof of claim by the debtor, trustee, or another entity if a creditor does not do so in a timely manner. Subdivision (c) is amended to alter the calculation of the bar date for proofs of claim in chapter 7, chapter 12, and chapter 13 cases. The amendment changes the time for filing a proof of claim in a voluntary chapter 7 case, a chapter 12 case, or a chapter 13 case from 90 days after the  341 meeting of creditors to 70 days after the petition date. If a case is converted to chapter 12 or chapter 13, the 70-day time for filing runs from the order of conversion. If a case is converted to chapter 7, Rule 1019(2) provides that a new time period for filing a claim commences under Rule 3002. In an involuntary chapter 7 case, a 90-day time for filing applies and runs from the entry of the order for relief. Subdivision (c)(6) is amended to expand the exception to the bar date for cases in which a creditor received insufficient notice of the time to file a proof of claim. The amendment provides that the court may extend the time to file a proof of claim if the debtor fails to file a timely list of names and addresses of creditors as required by Rule 1007(a). The amendment also clarifies that if a court grants a creditors motion under this rule to extend the time to file a proof of claim, the extension runs from the date of the courts decision on the motion. Subdivision (c)(7) is added to provide a two-stage deadline for filing mortgage proofs of claim secured by an interest in the debtors principal residence. Those proofs of claim must be filed with the appropriate Official Form mortgage attachment within 70 days of the order for relief. The claim will be timely if any additional documents evidencing the claim, as required by Rule 3001(c)(1) and (d), are filed within 120 days of the order for relief. The order for relief is the commencement of the case upon filing a petition, except in an involuntary case. See  301 and  303(h). The confirmation of a plan within the 120-day period set forth in subdivision (c)(7)(B) does not prohibit an objection to any proof of claim. Committee Notes on Rules2022 Amendment Rule 3002(c)(6) is amended to provide a single standard for granting motions for an extension of time to file a proof of claim, whether the creditor has a domestic address or a foreign address. If the notice to such creditor was insufficient under the circumstances to give the creditor a reasonable time to file a proof of claim, the court may grant an extension. Rule 3002.1. Notice Relating to Claims Secured by Security Interest in the Debtors Principal Residence (a)  In General This rule applies in a chapter 13 case to claims (1) that are secured by a security interest in the debtors principal residence, and (2) for which the plan provides that either the trustee or the debtor will make contractual installment payments. Unless the court orders otherwise, the notice requirements of this rule cease to apply when an order terminating or annulling the automatic stay becomes effective with respect to the residence that secures the claim. (b)  Notice of Payment Changes; Objection (1)  Notice (2)  Objection (c)  Notice of Fees, Expenses, and Charges The holder of the claim shall file and serve on the debtor, debtors counsel, and the trustee a notice itemizing all fees, expenses, or charges (1) that were incurred in connection with the claim after the bankruptcy case was filed, and (2) that the holder asserts are recoverable against the debtor or against the debtors principal residence. The notice shall be served within 180 days after the date on which the fees, expenses, or charges are incurred. (d)  Form and Content A notice filed and served under subdivision (b) or (c) of this rule shall be prepared as prescribed by the appropriate Official Form, and filed as a supplement to the holders proof of claim. The notice is not subject to Rule 3001(f). (e)  Determination of Fees, Expenses, or Charges On motion of a party in interest filed within one year after service of a notice under subdivision (c) of this rule, the court shall, after notice and hearing, determine whether payment of any claimed fee, expense, or charge is required by the underlying agreement and applicable nonbankruptcy law to cure a default or maintain payments in accordance with  1322(b)(5) of the Code. (f)  Notice of Final Cure Payment Within 30 days after the debtor completes all payments under the plan, the trustee shall file and serve on the holder of the claim, the debtor, and debtors counsel a notice stating that the debtor has paid in full the amount required to cure any default on the claim. The notice shall also inform the holder of its obligation to file and serve a response under subdivision (g). If the debtor contends that final cure payment has been made and all plan payments have been completed, and the trustee does not timely file and serve the notice required by this subdivision, the debtor may file and serve the notice. (g)  Response to Notice of Final Cure Payment Within 21 days after service of the notice under subdivision (f) of this rule, the holder shall file and serve on the debtor, debtors counsel, and the trustee a statement indicating (1) whether it agrees that the debtor has paid in full the amount required to cure the default on the claim, and (2) whether the debtor is otherwise current on all payments consistent with  1322(b)(5) of the Code. The statement shall itemize the required cure or postpetition amounts, if any, that the holder contends remain unpaid as of the date of the statement. The statement shall be filed as a supplement to the holders proof of claim and is not subject to Rule 3001(f). (h)  Determination of Final Cure and Payment On motion of the debtor or trustee filed within 21 days after service of the statement under subdivision (g) of this rule, the court shall, after notice and hearing, determine whether the debtor has cured the default and paid all required postpetition amounts. (i)  Failure to Notify If the holder of a claim fails to provide any information as required by subdivision (b), (c), or (g) of this rule, the court may, after notice and hearing, take either or both of the following actions: (1) preclude the holder from presenting the omitted information, in any form, as evidence in any contested matter or adversary proceeding in the case, unless the court determines that the failure was substantially justified or is harmless; or (2) award other appropriate relief, including reasonable expenses and attorneys fees caused by the failure. (Added Apr. 26, 2011 Dec. 1, 2011 Apr. 28, 2016 Dec. 1, 2016 Apr. 26, 2018 Dec. 1, 2018  Committee Notes on Rules2011 This rule is new. It is added to aid in the implementation of  1322(b)(5), which permits a chapter 13 debtor to cure a default and maintain payments on a home mortgage over the course of the debtors plan. It applies regardless of whether the trustee or the debtor is the disbursing agent for postpetition mortgage payments. In order to be able to fulfill the obligations of  l322(b)(5), a debtor and the trustee have to be informed of the exact amount needed to cure any prepetition arrearage, see Subdivision (a) Subdivision (b) Subdivision (c) Subdivision (d) Subdivision (e) Subdivision (f) Subdivision (g) Subdivision (h) Subdivision (i) If, after the chapter 13 debtor has completed payments under the plan and the case has been closed, the holder of a claim secured by the debtors principal residence seeks to recover amounts that should have been but were not disclosed under this rule, the debtor may move to have the case reopened in order to seek sanctions against the holder of the claim under subdivision (i). Changes Made After Publication. Subdivision (a) Subdivision (b) Subdivision (d) Subdivision (e) Subdivision (f) Subdivision (h) Subdivision (i) Committee Note Other changes Committee Notes on Rules2016 Amendment Subdivision (a) is amended to clarify the applicability of the rule. Its provisions apply whenever a chapter 13 plan provides that contractual payments on the debtors home mortgage will be maintained, whether they will be paid by the trustee or directly by the debtor. The reference to  1322(b)(5) of the Code is deleted to make clear that the rule applies even if there is no prepetition arrearage to be cured. So long as a creditor has a claim that is secured by a security interest in the debtors principal residence and the plan provides that contractual payments on the claim will be maintained, the rule applies. Subdivision (a) is further amended to provide that, unless the court orders otherwise, the notice obligations imposed by this rule cease on the effective date of an order granting relief from the automatic stay with regard to the debtors principal residence. Debtors and trustees typically do not make payments on mortgages after the stay relief is granted, so there is generally no need for the holder of the claim to continue providing the notices required by this rule. Sometimes, however, there may be reasons for the debtor to continue receiving mortgage information after stay relief. For example, the debtor may intend to seek a mortgage modification or to cure the default. When the court determines that the debtor has a need for the information required by this rule, the court is authorized to order that the notice obligations remain in effect or be reinstated after the relief from the stay is granted. Committee Notes on Rules2018 Amendment Subdivision (b) is subdivided and amended in two respects. First, it is amended in what is now subdivision (b)(1) to authorize courts to modify its requirements for claims arising from home equity lines of credit (HELOCs). Because payments on HELOCs may adjust frequently and in small amounts, the rule provides flexibility for courts to specify alternative procedures for keeping the person who is maintaining payments on the loan apprised of the current payment amount. Courts may specify alternative requirements for providing notice of changes in HELOC payment amounts by local rules or orders in individual cases. Second, what is now subdivision (b)(2) is amended to acknowledge the right of the trustee, debtor, or other party in interest, such as the United States trustee, to object to a change in a home-mortgage payment amount after receiving notice of the change under subdivision (b)(1). The amended rule does not set a deadline for filing a motion for a determination of the validity of the payment change, but it provides as a general mattersubject to a contrary court orderthat if no motion has been filed on or before the day before the change is to take effect, the announced change goes into effect. If there is a later motion and a determination that the payment change was not required to maintain payments under  1322(b)(5), appropriate adjustments will have to be made to reflect any overpayments. If, however, a motion is made during the time specified in subdivision (b)(2), leading to a suspension of the payment change, a determination that the payment change was valid will require the debtor to cure the resulting default in order to be current on the mortgage at the end of the bankruptcy case. Subdivision (e) is amended to allow parties in interest in addition to the debtor or trustee, such as the United States trustee, to seek a determination regarding the validity of any claimed fee, expense, or charge. 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 (2)  List of Equity Security Holders (c)  Filing Proof of Claim (1)  Who May File (2)  Who Must File (3)  Time for Filing (4)  Effect of Filing Claim or Interest (5)  Filing by Indenture 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 Aug. 1, 1987 Apr. 30, 1991 Aug. 1, 1991 Apr. 23, 2008 Dec. 1, 2008  Notes of Advisory Committee on Rules1983 Subdivision (a) Subdivision (b) Subdivision (c) Subdivision (d) Except with respect to the need and time for filing claims, the other aspects concerning claims covered by Rules 3001 and 3002 are applicable in chapter 9 and 11 cases. Holders of equity security interests need not file proofs of interest. Voting and distribution participation is dependent on ownership as disclosed by the appropriate records of a transfer agent or the corporate or other business records at the time prescribed in Rules 3017 and 3021. Notes of Advisory Committee on Rules1991 Amendment Paragraph (3) of subdivision (c) is amended to permit the late filing of claims by infants or incompetent persons under the same circumstances that permit late filings in cases under chapter 7, 12, or 13. The amendment also provides sufficient time in which to file a claim that arises from a postpetition judgment against the claimant for the recovery of money or property or the avoidance of a lien. It also provides for purposes of clarification that upon rejection of an executory contract or unexpired lease, the court shall set a time for filing a claim arising therefrom despite prior expiration of the time set for filing proofs of claim. The caption of paragraph (4) of subdivision (c) is amended to indicate that it applies to a proof of claim. Committee Notes on Rules2008 Amendment Subdivision (c)(3) is amended to implement  1514(d) of the Code, which was added by the 2005 amendments. It makes the new Rule 3002(c)(6) applicable in chapter 9 and chapter 11 cases. This change was necessary so that creditors with foreign addresses be provided such additional time as is reasonable under the circumstances to file proofs of claims. Changes Made After Publication 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 Aug. 1, 1987 Apr. 25, 2005 Dec. 1, 2005  Notes of Advisory Committee on Rules1983 This rule is adapted from former Bankruptcy Rule 303 but conforms with the changes made by  501(c) of the Code. Rule 303 permitted only the filing of tax and wage claims by the debtor. Section 501(c) of the Code, however, permits the filing by the debtor or trustee on behalf of any creditor. It is the policy of the Code that debtors estates should be administered for the benefit of creditors without regard to the dischargeability of their claims. After their estates have been closed, however, discharged debtors may find themselves saddled with liabilities, particularly for taxes, which remain unpaid because of the failure of creditors holding nondischargeable claims to file proofs of claim and receive distributions thereon. The result is that the debtor is deprived of an important benefit of the Code without any fault or omission on the debtors part and without any objective of the Code being served thereby. Section 501(c) of the Code authorizes a debtor or trustee to file a proof of claim for any holder of a claim. Although all claims may not be nondischargeable, it may be difficult to determine, in particular, whether tax claims survive discharge. See Plumb, Federal Tax Liens and Priorities in Bankruptcy Bankruptcy id To the extent the claim is allowed and dividends paid thereon, it will be reduced or perhaps paid in full. If the claim is also filed pursuant to Rule 3005, only one distribution thereon may be made. As expressly required by Rule 3005 and by the purpose of this rule such distribution must diminish the claim. Notes of Advisory Committee on Rules1987 Amendment Under the rule as amended, the debtor or trustee in a chapter 7 or 13 case has 120 days from the first date set for the meeting of creditors to file a claim for the creditor. During the first 90 days of that period the creditor in a chapter 7 or 13 case may file a claim as provided by Rule 3002(c). If the creditor fails to file a claim, the debtor or trustee shall have an additional 30 days thereafter to file the claim. A proof of claim filed by a creditor supersedes a claim filed by the debtor or trustee only if it is timely filed within the 90 days allowed under Rule 3002(c). Committee Notes on Rules2005 Amendment The rule is amended to conform to  501(c) of the Code. Under that provision, the debtor or trustee may file proof of a claim if the creditor fails to do so in a timely fashion. The rule previously authorized the debtor and the trustee to file a claim as early as the day after the first date set for the meeting of creditors under  341(a). Under the amended rule, the debtor and trustee must wait until the creditors opportunity to file a claim has expired. Providing the debtor and the trustee with the opportunity to file a claim ensures that the claim will participate in any distribution in the case. This is particularly important for claims that are nondischargeable. Since the debtor and trustee cannot file a proof of claim until after the creditors time to file has expired, the rule no longer permits the creditor to file a proof of claim that will supersede the claim filed by the debtor or trustee. The rule leaves to the courts the issue of whether to permit subsequent amendment of such proof of claim. Other changes are stylistic. Changes Made After Publication and Comment 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 entitys 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 creditors intention to act in the creditors own behalf, the creditor shall be substituted for the obligor with respect to that claim. (As amended Mar. 30, 1987 Aug. 1, 1987 Apr. 30, 1991 Aug. 1, 1991 Apr. 25, 2005 Dec. 1, 2005  Notes of Advisory Committee on Rules1983 This rule is adapted from former Rules 304 and 10402. Together with  501(b) of the Code, the rule makes clear that anyone who may be liable on a debt of the debtor, including a surety, guarantor, indorser, or other codebtor, is authorized to file in the name of the creditor of the debtor. Subdivision (a) Subdivision (b) Notes of Advisory Committee on Rules1991 Amendment The words with the court in subdivision (b) are deleted as unnecessary. See Rules 5005(a) and 9001(3). Committee Notes on Rules2005 Amendment The rule is amended to delete the last sentence of subdivision (a). The sentence is unnecessary because if a creditor has filed a timely claim under Rule 3002 or 3003(c), the codebtor cannot file a proof of such claim. The codebtor, consistent with  501(b) of the Code, may file a proof of such claim only after the creditors time to file has expired. Therefore, the rule no longer permits the creditor to file a superseding claim. The rule leaves to the courts the issue of whether to permit subsequent amendment of the proof of claim. The amendment conforms the rule to  501(b) by deleting language providing that the codebtor files proof of the claim in the name of the creditor. Other amendments are stylistic. Changes Made After Publication and Comment: (a) The reference on line 2 of Rule 3005 to Rule 3002 or 3003(c) was changed to read Rule 3002(c) or 3003(c) to make it parallel to the language in Rule 3004. (b) The phrase file a proof of the claim from line 7 of the proposed rule was moved up to line 4 of the proposed amendment immediately after the word may. This makes the structure of Rules 3004 and 3005 more consistent. 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  705(a) or appointed pursuant to  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 Aug. 1, 1991  Notes of Advisory Committee on Rules1983 This rule is derived from former Rules 305 and 10404. Since 1938 it has generally been held that Rule 41 F.R.Civ.P. governs the withdrawal of a proof of claim. In re Empire Coal Sales Corp Kleid v. Ruthbell Coal Co Kelso v. MacLaren In re Hills Bankruptcy The filing of a claim does not commence an adversary proceeding but the filing of an objection to the claim initiates a contest that must be disposed of by the court. This rule recognizes the applicability of the considerations underlying Rule 41(a) F.R.Civ.P. to the withdrawal of a claim after it has been put in issue by an objection. Rule 41(a)(2) F.R.Civ.P. requires leave of court to obtain dismissal over the objection of a defendant who has pleaded a counterclaim prior to the service of the plaintiffs motion to dismiss. Although the applicability of this provision to the withdrawal of a claim was assumed in Conway v. Union Bank of Switzerland Kleid v. Ruthbell Coal Co., supra, Kelso v. MacLaren, supra In re Hills, supra A number of pre-1938 cases sustained denial of a creditors request to withdraw proof of claim on the ground of estoppel or election of remedies. 2 Remington, Bankruptcy cf supra Standard Varnish Works v. Haydock In re Cann In re Friedmann cf. In re OGara Coal Co Industrial Credit Co. v. Hazen Hazen Notes of Advisory Committee on Rules1991 Amendment This amendment is stylistic. Notice of the hearing need not be given to committees of equity security holders appointed pursuant to  1102 or committees of retired employees appointed pursuant to  1114 of the Code. Rule 3007. Objections to Claims (a) Time and Manner of Service. (1)  Time of Service (2)  Manner of Service. (A) The objection and notice shall be served on a claimant by first-class mail to the person most recently designated on the claimants original or amended proof of claim as the person to receive notices, at the address so indicated; and (i) if the objection is to a claim of the United States, or any of its officers or agencies, in the manner provided for service of a summons and complaint by Rule 7004(b)(4) or (5); or (ii) if the objection is to a claim of an insured depository institution as defined in section 3 of the Federal Deposit Insurance Act, in the manner provided in Rule 7004(h). (B) Service of the objection and notice shall also be made by first-class mail or other permitted means on the debtor or debtor in possession, the trustee, and, if applicable, the entity filing the proof of claim under Rule 3005. (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  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 Aug. 1, 1991 Apr. 30, 2007 Dec. 1, 2007 Apr. 27, 2017 Dec. 1, 2017 Apr. 14, 2021 Dec. 1, 2021  Notes of Advisory Committee on Rules1983 This rule is derived from  47a(8) of the Act and former Bankruptcy Rule 306. It prescribes the manner in which an objection to a claim shall be made and notice of the hearing thereon given to the claimant. The requirement of a writing does not apply to an objection to the allowance of a claim for the purpose of voting for a trustee or creditors committee in a chapter 7 case. See Rule 2003. The contested matter initiated by an objection to a claim is governed by rule 9014, unless a counterclaim by the trustee is joined with the objection to the claim. The filing of a counterclaim ordinarily commences an adversary proceeding subject to the rules in Part VII. While the debtors other creditors may make objections to the allowance of a claim, the demands of orderly and expeditious administration have led to a recognition that the right to object is generally exercised by the trustee. Pursuant to  502(a) of the Code, however, any party in interest may object to a claim. But under  704 the trustee, if any purpose would be served thereby, has the duty to examine proofs of claim and object to improper claims. By virtue of the automatic allowance of a claim not objected to, a dividend may be paid on a claim which may thereafter be disallowed on objection made pursuant to this rule. The amount of the dividend paid before the disallowance in such event would be recoverable by the trustee in an adversary proceeding. Notes of Advisory Committee on Rules1991 Amendment The words with the court are deleted as unnecessary. See Rules 5005(a) and 9001(3). Committee Notes on Rules2007 Amendment The rule is amended in a number of ways. First, the amendment prohibits a party in interest from including in a claim objection a request for relief that requires an adversary proceeding. A party in interest may, however, include an objection to the allowance of a claim in an adversary proceeding. Unlike a contested matter, an adversary proceeding requires the service of a summons and complaint, which puts the defendant on notice of the potential for an affirmative recovery. Permitting the plaintiff in the adversary proceeding to include an objection to a claim would not unfairly surprise the defendant as might be the case if the action were brought as a contested matter that included an action to obtain relief of a kind specified in Rule 7001. The rule as amended does not require that a party include an objection to the allowance of a claim in an adversary proceeding. If a claim objection is filed separately from a related adversary proceeding, the court may consolidate the objection with the adversary proceeding under Rule 7042. The rule also is amended to authorize the filing of a pleading that joins objections to more than one claim. Such filings present a significant opportunity for the efficient administration of large cases, but the rule includes restrictions on the use of these omnibus objections to ensure the protection of the due process rights of the claimants. Unless the court orders otherwise, objections to more than one claim may be joined in a single pleading only if all of the claims were filed by the same entity, or if the objections are based solely on the grounds set out in subdivision (d) of the rule. Objections of the type listed in subdivision (d) often can be resolved without material factual or legal disputes. Objections to multiple claims permitted under the rule must comply with the procedural requirements set forth in subdivision (e). Among those requirements is the requirement in subdivision (e)(5) that these omnibus objections be consecutively numbered. Since these objections may not join more than 100 objections in any one omnibus objection, there may be a need for several omnibus objections to be filed in a particular case. Consecutive numbering of each omnibus objection and the identification of the objector in the title of the objection is essential to keep track of the objections on the courts docket. For example, the objections could be titled Debtor in Possessions First Omnibus Objection to Claims, Debtor in Possessions Second Omnibus Objection to Claims, Creditors Committees First Omnibus Objection to Claims, and so on. Titling the objections in this manner should avoid confusion and aid in tracking the objections on the docket. Subdivision (f) provides that an order resolving an objection to any particular claim is treated, for purposes of finality, as if the claim had been the subject of an individual objection. A party seeking to appeal any such order is neither required, nor permitted, to await the courts resolution of all other joined objections. The rule permits the joinder of objections for convenience, and that convenience should not impede timely review of a courts decision with respect to each claim. Whether the courts action as to a particular objection is final, and the consequences of that finality, are not addressed by this amendment. Moreover, use of an omnibus objection generally does not preclude the objecting party from raising a subsequent objection to the claim on other grounds. See Restatement (Second) of Judgments  26(1)(d) (1982) (generally applicable rule barring multiple actions based on same transaction or series of transactions is overridden when a statutory scheme permits splitting of claims). Changes Made After Publication The Advisory Committee did accept several of Judge Grants suggestions, and the rule was amended by deleting the grounds for objection to claims based on the filing of a superceding proof of claim under proposed subdivision (d)(3) and the transfer of claims under proposed subdivision (d)(4). Subdivision (d)(3) now permits objections to claims that have been amended by a subsequently filed proof of claim and the paragraphs within subdivision (d) have been renumbered to reflect the deletion. The Committee Note also no longer includes any reliance on  502(j) for the statement indicating that a subsequent claim objection can be filed to a claim that was previously included in an omnibus claim objection. Committee Notes on Rules2017 Amendment Subdivision (a) is amended to specify the manner in which an objection to a claim and notice of the objection must be served. It clarifies that Rule 7004 does not apply to the service of most claim objections. Instead, a claimant must be served by first-class mail addressed to the person whom the claimant most recently designated on its proof of claim to receive notices, at the address so indicated. If, however, the claimant is the United States, an officer or agency of the United States, or an insured depository institution, service must also be made according to the method prescribed by the appropriate provision of Rule 7004. The service methods for the depository institutions are statutorily mandated, and the size and dispersal of the decision-making and litigation authority of the federal government necessitate service on the appropriate United States attorneys office and the Attorney General, as well as the person designated on the proof of claim. As amended, subdivision (a) no longer requires that a hearing be scheduled or held on every objection. The rule requires the objecting party to provide notice and an opportunity for a hearing on the objection, but, by deleting from the subdivision references to the hearing, it permits local practices that require a claimant to timely request a hearing or file a response in order to obtain a hearing. The official notice form served with a copy of the objection will inform the claimant of any actions it must take. However, while a local rule may require the claimant to respond to the objection to a proof of claim, the court will still need to determine if the claim is valid, even if the claimant does not file a response to a claim objection or request a hearing. Committee Notes on Rules2021 Amendment Subdivision (a)(2)(A)(ii) is amended to clarify that the special service method required by Rule 7004(h) must be used for service of objections to claims only on insured depository institutions as defined in section 3 of the Federal Deposit Insurance Act, 12 U.S.C.  1813. Rule 7004(h) was enacted by Congress as part of the Bankruptcy Reform Act of 1994. It applies only to insured depository institutions that are insured by the Federal Deposit Insurance Corporation and does not include credit unions, which are instead insured by the National Credit Union Administration. A credit union, therefore, may be served with an objection to a claim according to Rule 3007(a)(2)(A)by first-class mail sent to the person designated for receipt of notice on the credit unions proof of claim.  References in Text Section 3 of the Federal Deposit Insurance Act, referred to in subd. (a)(2)(A)(ii), is classified to section 1813 of Title 12 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.  Notes of Advisory Committee on Rules1983 Section 502(j) of the Code deals only with the reconsideration of allowed claims as did former  57k of the Act and General Order 21(b). It had sometimes been held that a referee had no jurisdiction to reconsider a disallowed claim, or the amount or priority of an allowed claim, at the instance of the claimant. See, e.g., In re Gouse In re Tomlinson & Dye, Inc In re Pottasch Brow. Co., Inc Castaner v. Mora Reconsideration of a claim that has been previously allowed or disallowed after objection is discretionary with the court. The right to seek reconsideration of an allowed claim, like the right to object to its allowance, is generally exercised by the trustee if one has qualified and is performing the duties of that office with reasonable diligence and fidelity. A request for reconsideration of a disallowance would, on the other hand, ordinarily come from the claimant. A proof of claim executed and filed in accordance with the rules in this Part III is prima facie evidence of the validity and the amount of the claim notwithstanding a motion for reconsideration of an order of allowance. Failure to respond does not constitute an admission, though it may be deemed a consent to a reconsideration. In re Goble Boat Co The rule expands  502(j) which provides for reconsideration of an allowance only before the case is closed. Authorities have disagreed as to whether reconsideration may be had after a case has been reopened. Compare 3 Collier Bankruptcy id Bankruptcy 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 Aug. 1, 1987 Apr. 22, 1993 Aug. 1, 1993  Notes of Advisory Committee on Rules1983 This rule is derived from former Rules 308 and 1135(a). The preparation of records showing dividends declared and to whom payable is subject to prescription by the Director of the Administrative Office pursuant to Rule 5003(e). The rule governs distributions to creditors having priority as well as to general unsecured creditors. Notwithstanding the detailed statutory provisions regulating the declaration of dividends, a necessarily wide discretion over this matter has been recognized to reside in the court. See 3A Collier, Bankruptcy Proceedings of Seminar for Newly Appointed Referees in Bankruptcy The second and third sentences of the rule make explicit the method of payment of dividends and afford protection of the interests of the creditor and the holder of a power of attorney authorized to receive payment. The rule does not permit variance at local option. This represents a marked change from former Bankruptcy Rule 308. Notes of Advisory Committee on Rules1993 Amendment This rule is amended to delete the requirement that the court approve the amounts and times of distributions in chapter 7 cases. This change recognizes the role of the United States trustee in supervising trustees. Other amendments are stylistic and make no substantive change. Rule 3010. Small Dividends and Payments in Cases Under Chapter 7, Subchapter V of Chapter 11, Chapter 12, and Chapter 13 (a)  Chapter 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  347 of the Code. (b)  Cases Under Subchapter V of Chapter , Chapter , and Chapter In a case under subchapter V of chapter 11, chapter 12, or chapter 13, 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 Aug. 1, 1987 Apr. 30, 1991 Aug. 1, 1991 Apr. 11, 2022 Dec. 1, 2022  Notes of Advisory Committee on Rules1983 This rule permits a court to eliminate the disproportionate expense and inconvenience incurred by the issuance of a dividend check of less than $5 (or $15 in a chapter 13 case). Creditors are more irritated than pleased to receive such small dividends, but the money is held subject to their specific request as are unclaimed dividends under  347(a) of the Code. When the trustee deposits undistributed dividends pursuant to a direction in accordance with this rule the trustee should file with the clerk a list of the names and addresses, so far as known, of the persons entitled to the money so deposited and the respective amounts payable to them pursuant to Rule 3011. In a chapter 13 case, the small dividend will accumulate and will be payable at the latest, with the final dividend. Local rule or order may change the practice permitted in this rule and, in that connection, the order may be incorporated in the order confirming a chapter 13 plan. Notes of Advisory Committee on Rules1991 Amendment Subdivision (b) Committee Notes on Rules2022 Amendment The rule is amended in response to the enactment of the Small Business Reorganization Act of 2019, Pub. L. No. 11654, 133 Stat. 1079 Rule 3011. Unclaimed Funds in Cases Under Chapter 7, Subchapter V of Chapter 11, Chapter 12, and Chapter 13 (a) 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  347 1 1 (b) On the courts website, the clerk must provide searchable access to information about funds deposited under  347(a). The court may, for cause, limit access to information about funds in a specific case. (As amended Mar. 30, 1987 Aug. 1, 1987 Apr. 30, 1991 Aug. 1, 1991 Apr. 11, 2022 Dec. 1, 2022 Apr. 24, 2023 Dec. 1, 2023  Notes of Advisory Committee on Rules1983 This rule is derived from former Bankruptcy Rule 310. The operative provisions of that rule, however, are contained in  347(a) of the Code, requiring the trustee to stop payment of checks remaining unpaid 90 days after distribution. The rule adds the requirement of filing a list of the names and addresses of the persons entitled to these dividends. This rule applies in a chapter 7 or 13 case but not in a chapter 9 or 11 case. The latter cases are governed by  347(b) of the Code which provides for unclaimed distributions to be returned to the debtor or other entity acquiring the assets of the debtor. Notes of Advisory Committee on Rules1991 Amendment The title of this rule is amended to include chapter 12 cases. The words with the clerk are deleted as unnecessary. See Rules 5005(a) and 9001(3). Committee Notes on Rules2022 Amendment The rule is amended in response to the enactment of the Small Business Reorganization Act of 2019, Pub. L. No. 11654, 133 Stat. 1079 Committee Notes on Rules2023 Amendment Rule 3011 is amended to require the clerk to provide searchable access (as by providing a link to the U.S. Bankruptcy Unclaimed Funds Locator) on the courts website to information about unclaimed funds deposited pursuant to  347(a). The court may limit access to information about such funds in a specific case for cause, including, for example, if such access risks disclosing the identity of claimants whose privacy should be protected, or if the information about the unclaimed funds is so old as to be unreliable. Rule 3012. Determining the Amount of Secured and Priority Claims (a)  Determination of Amount of Claim On request by a party in interest and after noticeto the holder of the claim and any other entity the court designatesand a hearing, the court may determine: (1) the amount of a secured claim under  506(a) of the Code; or (2) the amount of a claim entitled to priority under  507 of the Code. (b)  Request for Determination; How Made Except as provided in subdivision (c), a request to determine the amount of a secured claim may be made by motion, in a claim objection, or in a plan filed in a chapter 12 or chapter 13 case. When the request is made in a chapter 12 or chapter 13 plan, the plan shall be served on the holder of the claim and any other entity the court designates in the manner provided for service of a summons and complaint by Rule 7004. A request to determine the amount of a claim entitled to priority may be made only by motion after a claim is filed or in a claim objection. (c)  Claims of Governmental Units A request to determine the amount of a secured claim of a governmental unit may be made only by motion or in a claim objection after the governmental unit files a proof of claim or after the time for filing one under Rule 3002(c)(1) has expired. (As amended Mar. 30, 1987 Aug. 1, 1987 Apr. 27, 2017 Dec. 1, 2017  Notes of Advisory Committee on Rules1983 Pursuant to  506(a) of the Code, secured claims are to be valued and allowed as secured to the extent of the value of the collateral and unsecured, to the extent it is enforceable, for the excess over such value. The valuation of secured claims may become important in different contexts e.g An adversary proceeding is commenced when the validity, priority, or extent of a lien is at issue as prescribed by Rule 7001. That proceeding is relevant to the basis of the lien itself while valuation under Rule 3012 would be for the purposes indicated above. Committee Notes on Rules2017 Amendment This rule is amended and reorganized. Subdivision (a) provides, in keeping with the former version of this rule, that a party in interest may seek a determination of the amount of a secured claim. The amended rule provides that the amount of a claim entitled to priority may also be determined by the court. Subdivision (b) is added to provide that a request to determine the amount of a secured claim may be made in a chapter 12 or chapter 13 plan, as well as by a motion or a claim objection. When the request is made in a plan, the plan must be served on the holder of the claim and any other entities the court designates according to Rule 7004. Secured claims of governmental units are not included in this subdivision and are governed by subdivision (c). The amount of a claim entitled to priority may be determined through a motion or a claim objection. Subdivision (c) clarifies that a determination under this rule with respect to a secured claim of a governmental unit may be made only by motion or in a claim objection, but not until the governmental unit has filed a proof of claim or its time for filing a proof of claim has expired. 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  1122, 1222(b)(1), and 1322(b)(1) of the Code. (As amended Apr. 30, 1991 Aug. 1, 1991  Notes of Advisory Committee on Rules1983 Sections 1122 and 1322(b)(1) set the standards for classifying claims and interests but provide that such classification is accomplished in the plan. This rule does not change the standards; rather it recognizes that it may be desirable or necessary to establish proper classification before a plan can be formulated. It provides for a court hearing on such notice as the court may direct. Notes of Advisory Committee on Rules1991 Amendment This rule is amended to include chapter 12 cases. Rule 3014. Election Under  1111(b) by Secured Creditor in Chapter 9 Municipality or Chapter 11 Reorganization Case  An election of application of  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  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. In a case under subchapter V of chapter 11 in which  1125 of the Code does not apply, the election may be made not later than a 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  1111(b)(1)(A)(i), shall be binding on all members of the class with respect to the plan. (As amended Apr. 11, 1997 Dec. 1, 1997 Apr. 11, 2022 Dec. 1, 2022  Notes of Advisory Committee on Rules1983 Pursuant to  1111(b)(1) of the Code, a nonrecourse secured loan is converted, automatically, into a recourse loan thereby entitling the creditor to an unsecured deficiency claim if the value of the collateral is less than the debt. The class, however, may retain the loan as a nonrecourse loan by electing application of  1111(b)(2) by the majorities stated in  1111(b)(1)(A)(i). That section does not specify any time periods for making the election. Rule 3014 provides that if no agreement is negotiated, the election of  1111(b)(2) of the Code may be made at any time prior to conclusion of the hearing on the disclosure statement. Once the hearing has been concluded, it would be too late for a secured creditor class to demand different treatment unless the court has fixed a later time. This would be the case if, for example, a public class of secured creditors should have an approved disclosure statement prior to electing under  1111(b). Generally it is important that the proponent of a plan ascertain the position of the secured creditor class before a plan is proposed. The secured creditor class must know the prospects of its treatment under the plan before it can intelligently determine its rights under  1111(b). The rule recognizes that there may be negotiations between the proponent of the plan and the secured creditor leading to a representation of desired treatment under  1111(b). If that treatment is approved by the requisite majorities of the class and culminates in a written, signed statement filed with the court, that statement becomes binding and the class may not thereafter demand different treatment under  1111(b) with respect to that plan. The proponent of the plan is thus enabled to seek approval of the disclosure statement and transmit the plan for voting in anticipation of confirmation. Only if that plan is not confirmed may the class of secured creditors thereafter change its prior election. While this rule and the Code refer to a class of secured creditors it should be noted that ordinarily each secured creditor is in a separate and distinct class. In that event, the secured creditor has the sole power to determine application of  1111(b) with respect to that claim. Notes of Advisory Committee on Rules1997 Amendment This amendment provides a deadline for electing application of  1111(b)(2) in a small business case in which a conditionally approved disclosure statement is finally approved without a hearing. GAP Report on Rule 3014 Committee Notes on Rules2022 Amendment The rule is amended in response to the enactment of the Small Business Reorganization Act of 2019, Pub. L. No. 11654, 133 Stat. 1079 see Rule 3015. Filing, Objection to Confirmation, Effect of Confirmation, and Modification of a Plan in a Chapter 12 or a Chapter 13 Case (a)  Filing a Chapter 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  1221 of the Code. (b)  Filing a Chapter 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)  Form of Chapter Plan If there is an Official Form for a plan filed in a chapter 13 case, that form must be used unless a Local Form has been adopted in compliance with Rule 3015.1. With either the Official Form or a Local Form, a nonstandard provision is effective only if it is included in a section of the form designated for nonstandard provisions and is also identified in accordance with any other requirements of the form. As used in this rule and the Official Form or a Local Form, nonstandard provision means a provision not otherwise included in the Official or Local Form or deviating from it. (d)  Notice If the plan is not included with the notice of the hearing on confirmation mailed under Rule 2002, the debtor shall serve the plan on the trustee and all creditors when it is filed with the court. (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 under 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, at least seven days before the date set for the hearing on confirmation, unless the court orders otherwise. 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)  Effect of Confirmation Upon the confirmation of a chapter 12 or chapter 13 plan: (1) any determination in the plan made under Rule 3012 about the amount of a secured claim is binding on the holder of the claim, even if the holder files a contrary proof of claim or the debtor schedules that claim, and regardless of whether an objection to the claim has been filed; and (2) any request in the plan to terminate the stay imposed by  362(a),  1201(a), or  1301(a) is granted. (h)  Modification of Plan After Confirmation A request to modify a plan under  1229 or  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. 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 Aug. 1, 1991 Apr. 22, 1993 Aug. 1, 1993 Mar. 26, 2009 Dec. 1, 2009 Apr. 27, 2017 Dec. 1, 2017  Notes of Advisory Committee on Rules1983 Section 1321 provides only that the debtor shall file a plan. No time periods are specified, nor is any other detail provided. The rule requires a chapter 13 plan to be filed either with the petition or within 15 days thereafter. The court may, for cause, extend the time. The rule permits a summary of the plan to be transmitted with the notice of the hearing on confirmation. The court may, however, require the plan itself to be transmitted and the debtor to supply enough copies for this purpose. In the former rules under Chapter XIII the plan would accompany the notice of the first meeting of creditors. It is more important for the plan or a summary of its terms to be sent with the notice of the confirmation hearing. At that hearing objections to the plan will be heard by the court. Notes of Advisory Committee on Rules1991 Amendment This rule is amended to include chapter 12 plans. Section 1221 of the Code requires the debtor to file a chapter 12 plan not later than 90 days after the order for relief, except that the court may extend the period if an extension is substantially justified. Subdivision (e) Notes of Advisory Committee on Rules1993 Amendment Subdivision (b) Subdivision (d) Subdivision (f) Subdivision (g) Amendments to the title of this rule are stylistic and make no substantive change. Committee Notes on Rules2009 Amendment The rule is amended to implement changes in connection with the amendment to Rule 9006(a) and the manner by which time is computed under the rules. The deadlines in the rule are amended to substitute a deadline that is a multiple of seven days. Throughout the rules, deadlines are amended in the following manner:  5-day periods become 7-day periods  10-day periods become 14-day periods  15-day periods become 14-day periods  20-day periods become 21-day periods  25-day periods become 28-day periods Committee Notes on Rules2017 Amendment This rule is amended and reorganized. Subdivision (c) is amended to require use of an Official Form if one is adopted for chapter 13 plans unless a Local Form has been adopted consistent with Rule 3015.1. Subdivision (c) also provides that nonstandard provisions in a chapter 13 plan must be set out in the section of the Official or Local Form specifically designated for such provisions and must be identified in the manner required by the Official or Local Form. Subdivision (d) is amended to ensure that the trustee and creditors are served with the plan before confirmation. Service may be made either at the time the plan is filed or with the notice under Rule 2002 of the hearing to consider confirmation of the plan. Subdivision (f) is amended to require service of an objection to confirmation at least seven days before the hearing to consider confirmation of a plan, unless the court orders otherwise. Subdivision (g) is amended to set out two effects of confirmation. Subdivision (g)(1) provides that the amount of a secured claim under  506(a) may be determined through a chapter 12 or chapter 13 plan in accordance with Rule 3012. That determination, unlike the amount of any current installment payments or arrearages, controls over a contrary proof of claim, without the need for a claim objection under Rule 3007, and over the schedule submitted by the debtor under  521(a). The amount of a secured claim of a governmental unit, however, may not be determined through a chapter 12 or chapter 13 plan under Rule 3012. Subdivision (g)(2) provides for termination of the automatic stay under  362, 1201, and 1301 as requested in the plan. Subdivision (h) was formerly subdivision (g). It is redesignated and is amended to reflect that often the party proposing a plan modification is responsible for serving the proposed modification on other parties. The option to serve a summary of the proposed modification has been retained. Unless required by another rule, service under this subdivision does not need to be made in the manner provided for service of a summons and complaint by Rule 7004. Rule 3015.1. Requirements for a Local Form for Plans Filed in a Chapter 13 Case Notwithstanding Rule 9029(a)(1), a district may require that a Local Form for a plan filed in a chapter 13 case be used instead of an Official Form adopted for that purpose if the following conditions are satisfied: (a) a single Local Form is adopted for the district after public notice and an opportunity for public comment; (b) each paragraph is numbered and labeled in boldface type with a heading stating the general subject matter of the paragraph; (c) the Local Form includes an initial paragraph for the debtor to indicate that the plan does or does not: (1) contain any nonstandard provision; (2) limit the amount of a secured claim based on a valuation of the collateral for the claim; or (3) avoid a security interest or lien; (d) the Local Form contains separate paragraphs for: (1) curing any default and maintaining payments on a claim secured by the debtors principal residence; (2) paying a domestic-support obligation; (3) paying a claim described in the final paragraph of  1325(a) of the Bankruptcy Code; and (4) surrendering property that secures a claim with a request that the stay under  362(a) and 1301(a) be terminated as to the surrendered collateral; and (e) the Local Form contains a final paragraph for: (1) the placement of nonstandard provisions, as defined in Rule 3015(c), along with a statement that any nonstandard provision placed elsewhere in the plan is void; and (2) certification by the debtors attorney or by an unrepresented debtor that the plan contains no nonstandard provision other than those set out in the final paragraph. (Added Apr. 27, 2017 Dec. 1, 2017  Committee Notes on Rules2017 This rule is new. It sets out features required for all Local Forms for plans in chapter 13 cases. If a Local Form does not comply with this rule, it may not be used in lieu of the Official Chapter 13 Plan Form. See Rule 3015(c). Under the rule only one Local Form may be adopted in a district. The rule does not specify the method of adoption, but it does require that adoption of a Local Form be preceded by a public notice and comment period. To promote consistency among Local Forms and clarity of content of chapter 13 plans, the rule prescribes several formatting and disclosure requirements. Paragraphs in such a form must be numbered and labeled in bold type, and the form must contain separate paragraphs for the cure and maintenance of home mortgages, payment of domestic support obligations, treatment of secured claims covered by the hanging paragraph of  1325(a), and surrender of property securing a claim. Whether those portions of the Local Form are used in a given chapter 13 case will depend on the debtors individual circumstances. The rule requires that a Local Form begin with a paragraph for the debtor to call attention to the fact that the plan contains a nonstandard provision; limits the amount of a secured claim based on a valuation of the collateral, as authorized by Rule 3012(b); or avoids a lien, as authorized by Rule 4003(d). The last paragraph of a Local Form must be for the inclusion of any nonstandard provisions, as defined by Rule 3015(c), and must include a statement that nonstandard provisions placed elsewhere in the plan are void. This part gives the debtor the opportunity to propose provisions that are not otherwise in, or that deviate from, the Local Form. The form must also require a certification by the debtors attorney or unrepresented debtor that there are no nonstandard provisions other than those placed in the final paragraph. 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, if required 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. (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 or a case under subchapter V of chapter 11, 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 Aug. 1, 1987 Apr. 30, 1991 Aug. 1, 1991 Apr. 23, 1996 Dec. 1, 1996 Apr. 23, 2001 Dec. 1, 2001 Apr. 23, 2008 Dec. 1, 2008 Apr. 11, 2022 Dec. 1, 2022  Notes of Advisory Committee on Rules1983 This rule implements the Code provisions concerning the filing of plans in chapters 9 and 11. Chapter 9 Cases Chapter 11 Nonrailroad Cases Chapter 11 Railroad Cases infra. Subdivision (a) supra Subdivision (b) Subdivision (c) Notes of Advisory Committee on Rules1991 Amendment Subdivision (a) Notes of Advisory Committee on Rules1996 Amendment Section 1121(c) gives a party in interest the right to file a chapter 11 plan after expiration of the period when only the debtor may file a plan. Under  1121(d), the exclusive period in which only the debtor may file a plan may be extended, but only if a party in interest so requests and the court, after notice and a hearing, finds cause for an extension. Subdivision (a) is abrogated because it could have the effect of extending the debtors exclusive period for filing a plan without satisfying the requirements of  1121(d). The abrogation of subdivision (a) does not affect the courts discretion with respect to the scheduling of hearings on the approval of disclosure statements when more than one plan has been filed. The amendment to subdivision (c), redesignated as subdivision (b), is stylistic. GAP Report on Rule 3016 Committee Notes on Rules2001 Amendment Subdivision (c) Specific and conspicuous language is not necessary if the injunction contained in the plan is substantially the same as an injunction provided under the Code. For example, if a plan contains an injunction against acts to collect a discharged debt from the debtor, Rule 3016(c) would not apply because that conduct would be enjoined nonetheless under  524(a)(2). But if a plan provides that creditors will be permanently enjoined from asserting claims against persons who are not debtors in the case, the plan and disclosure statement must highlight the injunctive language and comply with the requirements of Rule 3016(c). See The requirement in this rule that the plan and disclosure statement identify the entities that would be subject to the injunction requires reasonable identification under the circumstances. If the entities that would be subject to the injunction cannot be identified by name, the plan and disclosure statement may describe them by class or category. For example, it may be sufficient to identify the subjects of the injunction as all creditors of the debtor. Changes Made After Publication and Comments Committee Notes on Rules2008 Amendment Subdivision (b) is amended to recognize that, in 2005,  1125(f)(1) was added to the Code to provide that the plan proponent in a small business case need not file a disclosure statement if the plan itself includes adequate information and the court finds that a separate disclosure statement is unnecessary. If the plan is intended to provide adequate information in a small business case, it may be conditionally approved as a disclosure statement under Rule 3017.1 and is subject to all other rules applicable to disclosure statements in small business cases. Subdivision (d) is added to the rule to implement  433 of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 which requires the promulgation of Official Forms for plans and disclosure statements in small business cases. Section 1125(f)(2) of the Code provides that the court may approve a disclosure statement submitted on the appropriate Official Form or on a standard form approved by the court. The rule takes no position on whether a court may require a local standard form disclosure statement or plan of reorganization in lieu of the Official Forms. Other amendments are stylistic. Changes Made After Publication Committee Notes on Rules2022 Amendment The rule is amended in response to the enactment of the Small Business Reorganization Act of 2019, Pub. L. No. 11654, 133 Stat. 1079 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 1 (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 proponents 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 proponents 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 Aug. 1, 1987 Apr. 30, 1991 Aug. 1, 1991 Apr. 11, 1997 Dec. 1, 1997 Apr. 23, 2001 Dec. 1, 2001 Mar. 26, 2009 Dec. 1, 2009  Notes of Advisory Committee on Rules1983 This rule is adapted from former Rule 10303 which dealt with the approval of a Chapter X plan by the court. There is no requirement for plan approval in a chapter 9 or 11 case under the Code but there is the requirement that a disclosure statement containing adequate financial information be approved by the court after notice and a hearing before votes on a plan are solicited. Section 1125(b) of the Code is made applicable in chapter 9 cases by  901(a). It is also applicable in railroad reorganization cases under subchapter IV of chapter 11; see  1161 of the Code. Subdivision (a) No provision similar to former Rule 10303(f) is included. That subdivision together with former Rule 10304 prohibited solicitation of votes until after entry of an order approving the plan. Section 1125(b) of the Code explicitly provides that votes on a plan may not be solicited until a disclosure statement approved by the court is transmitted. Pursuant to the change in rulemaking power, a comparable provision in this rule is unnecessary. 28 U.S.C.  2075. Copies of the disclosure statement and plan need not be mailed with the notice of the hearing or otherwise transmitted prior to the hearing except with respect to the parties explicitly set forth in the subdivision. It should be noted that, by construction, the singular includes the plural. Therefore, the phrase plan or plans or disclosure statement or statements has not been used although the possibility of multiple plans and statements is recognized. Subdivision (d) Notes of Advisory Committee on Rules1987 Amendment Subdivision (d) Notes of Advisory Committee on Rules1991 Amendment This rule is amended to enable the United States trustee to monitor and comment with regard to chapter 11 disclosure statements and plans. The United States trustee does not perform these functions in a chapter 9 municipal debt adjustment case. See 28 U.S.C.  586(a)(3)(B). Subdivision (d) The words with the court in subdivision (a) are deleted as unnecessary. See Rules 5005(a) and 9001(3). Reference to the Official Form number in subdivision (d) is deleted in anticipation of future revision and renumbering of the Official Forms. Subdivision (e) Notes of Advisory Committee on Rules1997 Amendment Subdivision (a) Subdivision (d) The court may set a record date pursuant to subdivision (d) only after notice and a hearing as provided in  102(1) of the Code. Notice of a request for an order fixing the record date may be included in the notice of the hearing to consider approval of the disclosure statement mailed pursuant to Rule 2002(b). If the court fixes a record date pursuant to subdivision (d) with respect to the holders of securities, and the holders are impaired by the plan, the judge also should order that the same record date applies for the purpose of determining eligibility for voting pursuant to Rule 3018(a). Other amendments to this rule are stylistic. GAP Report on Rule 3017 Committee Notes on Rules2001 Amendment Subdivision (f) This rule recognizes the need for adequate notice to subjects of an injunction, but that reasonable flexibility under the circumstances may be required. If a known and identifiable entity would be subject to the injunction, and the notice, plan, and disclosure statement could be mailed to that entity, the court should require that they be mailed at the same time that the plan, disclosure statement and related documents are mailed to creditors under Rule 3017(d). If mailing notices and other documents is not feasible because the entities subject to the injunction are described in the plan and disclosure statement by class or category and they cannot be identified individually by name and address, the court may require that notice under Rule 3017(f)(1) be published. Changes Made After Publication and Comments Committee Notes on Rules2009 Amendment The rule is amended to implement changes in connection with the amendment to Rule 9006(a) and the manner by which time is computed under the rules. The deadlines in the rule are amended to substitute a deadline that is a multiple of seven days. Throughout the rules, deadlines are amended in the following manner:  5-day periods become 7-day periods  10-day periods become 14-day periods  15-day periods become 14-day periods  20-day periods become 21-day periods  25-day periods become 28-day periods Rule 3017.1. Court Consideration of Disclosure Statement in a Small Business Case or in a Case Under Subchapter V of Chapter 11 (a)  Conditional Approval of Disclosure Statement In a small business case or in a case under subchapter V of chapter 11 in which the court has ordered that  1125 applies, 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 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 (2)  Objections (3)  Hearing (Added Apr. 11, 1997 Dec. 1, 1997 Apr. 23, 2008 Dec. 1, 2008 Apr. 11, 2022 Dec. 1, 2022  Notes of Advisory Committee on Rules1997 This rule is added to implement  1125(f) that was added to the Code by the Bankruptcy Reform Act of 1994. The procedures for electing to be considered a small business are set forth in Rule 1020. If the debtor is a small business and has elected to be considered a small business,  1125(f) permits the court to conditionally approve a disclosure statement subject to final approval after notice and a hearing. If a disclosure statement is conditionally approved, and no timely objection to the disclosure statement is filed, it is not necessary for the court to hold a hearing on final approval. GAP Report on Rule 3017.1 Committee Notes on Rules2008 Amendment Section 101 of the Code, as amended in 2005, defines a small business case and small business debtor, and eliminates any need to elect that status. Therefore, the reference in the rule to an election is deleted. As provided in the amendment to Rule 3016(b), a plan intended to provide adequate information in a small business case under  1125(f)(1) may be conditionally approved and is otherwise treated as a disclosure statement under this rule. Changes Made After Publication Committee Notes on Rules2022 Amendment The rule is amended in response to the enactment of the Small Business Reorganization Act of 2019, Pub. L. No. 11654, 133 Stat. 1079 Rule 3017.2. Fixing of Dates by the Court in Subchapter V Cases in Which There Is No Disclosure Statement In a case under subchapter V of chapter 11 in which  1125 does not apply, the court shall: (a) fix a time within which the holders of claims and interests may accept or reject the plan; (b) fix a date on which an equity security holder or creditor whose claim is based on a security must be the holder of record of the security in order to be eligible to accept or reject the plan; (c) fix a date for the hearing on confirmation; and (d) fix a date for transmitting the plan, notice of the time within which the holders of claims and interests may accept or reject it, and notice of the date for the hearing on confirmation. (Added Apr. 11, 2022 Dec. 1, 2022  Committee Notes on Rules2022 The rule is added in response to the enactment of the Small Business Reorganization Act of 2019, Pub. L. No. 11654, 133 Stat. 1079 see 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  1126 of the Code within the time fixed by the court pursuant to Rule 3017, 3017.1, or 3017.2. 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 under Rule 3017.2, or fixed 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  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  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 Aug. 1, 1987 Apr. 30, 1991 Aug. 1, 1991 Apr. 22, 1993 Aug. 1, 1993 Apr. 11, 1997 Dec. 1, 1997 Apr. 11, 2022 Dec. 1, 2022  Notes of Advisory Committee on Rules1983 This rule applies in chapter 9, 11 and 13 cases under the Code. The references in the rule to equity security holders will not, however, be relevant in chapter 9 or 13 cases. The rule will be of little utility in a chapter 13 case because only secured creditors may be requested to vote on a plan; unsecured creditors are not entitled to vote; see  1325(a)(4), (5) of the Code. Subdivision (a) Subdivision (b) While  1126(c), (d), and (e) prohibits use of an acceptance or rejection not procured in good faith, the added provision in subdivision (b) of the rule is somewhat more detailed. It would prohibit use of prepetition acceptances or rejections when some but not all impaired creditors or equity security holders are solicited or when they are not given a reasonable opportunity to submit their acceptances or rejections. This provision together with  1126(e) gives the court the power to nullify abusive solicitation procedures. Subdivision (c) Subdivisions (d) and (e) of former Rule 10305 are not continued since comparable provisions are contained in the statute; see  1126(c), (d), (e). It should be noted that while the singular plan is used throughout, by construction the plural is included; see  102(7). Notes of Advisory Committee on Rules1991 Amendment Subdivisions (a) and (b) Subdivision (a) Subdivision (b) Subdivision (c) Notes of Advisory Committee on Rules1993 Amendment The title of this rule is amended to indicate that it applies only in a chapter 9 or a chapter 11 case. The amendment of the word Plans to Plan is stylistic. Notes of Advisory Committee on Rules1997 Amendment Subdivision (a) The court may set a record date pursuant to subdivision (a) only after notice and a hearing as provided in  102(1) of the Code. Notice of a request for an order fixing the record date may be included in the notice of the hearing to consider approval of the disclosure statement mailed pursuant to Rule 2002(b). If the court fixes the record date for voting purposes, the judge also should order that the same record date shall apply for the purpose of distributing the documents required to be distributed pursuant to Rule 3017(d). GAP Report on Rule 3018 Committee Notes on Rules2022 Amendment Subdivision (a) of the rule is amended to take account of the courts authority to set times under Rules 3017.1 and 3017.2 in small business cases and cases under subchapter V of chapter 11. 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 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. (c)  Modification of Plan After Confirmation in a Subchapter V Case In a case under subchapter V of chapter 11, a request to modify the plan under  1193(b) or (c) of the Code is governed by Rule 9014, and the provisions of this Rule 3019(b) apply. (As amended Mar. 30, 1987 Aug. 1, 1987 Apr. 22, 1993 Aug. 1, 1993 Apr. 23, 2008 Dec. 1, 2008 Mar. 26, 2009 Dec. 1, 2009 Apr. 11, 2022 Dec. 1, 2022  Notes of Advisory Committee on Rules1983 This rule implements  942, 1127 and 1323 of the Code. For example,  1127 provides for modification before and after confirmation but does not deal with the minor modifications that do not adversely change any rights. The rule makes clear that a modification may be made, after acceptance of the plan without submission to creditors and equity security holders if their interests are not affected. To come within this rule, the modification should be one that does not change the rights of a creditor or equity security holder as fixed in the plan before modification. Notes of Advisory Committee on Rules1993 Amendment This rule is amended to limit its application to chapter 9 and chapter 11 cases. Modification of plans after confirmation in chapter 12 and chapter 13 cases is governed by Rule 3015. The addition of the comma in the second sentence is stylistic and makes no substantive change. Committee Notes on Rules2008 Amendment The 2005 amendments to  1127 of the Code provide for modification of a confirmed plan in an individual debtor chapter 11 case. Therefore, the rule is amended to establish the procedure for filing and objecting to a proposed modification of a confirmed plan. Changes Made After Publication Committee Notes on Rules2009 Amendment The rule is amended to implement changes in connection with the amendment to Rule 9006(a) and the manner by which time is computed under the rules. The deadline in the rule is amended to substitute a deadline that is a multiple of seven days. Throughout the rules, deadlines are amended in the following manner:  5-day periods become 7-day periods  10-day periods become 14-day periods  15-day periods become 14-day periods  20-day periods become 21-day periods  25-day periods become 28-day periods Committee Notes on Rules2022 Amendment The rule is amended in response to the enactment of the Small Business Reorganization Act of 2019, Pub. L. No. 11654, 133 Stat. 1079 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 or Chapter Case (1)  Objection (2)  Hearing (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 Aug. 1, 1987 Apr. 30, 1991 Aug. 1, 1991 Apr. 22, 1993 Aug. 1, 1993 Apr. 26, 1999 Dec. 1, 1999 Apr. 23, 2001 Dec. 1, 2001 Mar. 26, 2009 Dec. 1, 2009  Notes of Advisory Committee on Rules1983 This rule is adapted from former Rules 10307, 1138, and 13213. It applies to cases filed under chapters 9, 11 and 13. Certain subdivisions of the earlier rules have not been included, such as, a subdivision revesting title in the debtor because  541 of the Code does not transfer title out of the debtor as did  70a of the Bankruptcy Act; see also  1141(b), 1327(b). Subdivision (b) of former Rule 13213 is not included because its provisions are contained in the statute; see  1322, 1325(b), 105. Subdivision (a) e.g Subdivision (d) e.g Notes of Advisory Committee on Rules1991 Amendment The United States trustee monitors chapter 11, chapter 12, and chapter 13 plans and has standing to be heard regarding confirmation of a plan. See 28 U.S.C.  586(a)(3). The amendments to subdivisions (b)(1) and (c) of this rule facilitate that role of the United States trustee. Subdivision (b)(1) is also amended to require service on the proponent of the plan of objections to confirmation. The words with the court in subdivision (b)(1) are deleted as unnecessary. See Rules 5005(a) and 9001(3). In a chapter 12 case, the court is required to conduct and conclude the hearing on confirmation of the plan within the time prescribed in  1224 of the Code. Subdivision (c) Notes of Advisory Committee on Rules1993 Amendment This rule is amended to limit its application to chapter 9 and chapter 11 cases. The procedures relating to confirmation of plans in chapter 12 and chapter 13 cases are provided in Rule 3015. Other amendments are stylistic and make no substantive change. Committee Notes on Rules1999 Amendment Subdivision (e) The court may, in its discretion, order that Rule 3020(e) is not applicable so that the plan may be implemented and distributions may be made immediately. Alternatively, the court may order that the stay under Rule 3020(e) is for a fixed period less than 10 days. GAP Report on Rule 3020 Committee Notes on Rules2001 Amendment Subdivision (c) The requirement that the order of confirmation identify the entities subject to the injunction requires only reasonable identification under the circumstances. If the entities that would be subject to the injunction cannot be identified by name, the order may describe them by class or category if reasonable under the circumstances. For example, it may be sufficient to identify the entities as all creditors of the debtor. Changes Made After Publication and Comments Committee Notes on Rules2009 Amendment The rule is amended to implement changes in connection with the amendment to Rule 9006(a) and the manner by which time is computed under the rules. The deadline in the rule is amended to substitute a deadline that is a multiple of seven days. Throughout the rules, deadlines are amended in the following manner:  5-day periods become 7-day periods  10-day periods become 14-day periods  15-day periods become 14-day periods  20-day periods become 21-day periods  25-day periods become 28-day periods 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 Dec. 1, 1997 Apr. 26, 1999 Dec. 1, 1999  Notes of Advisory Committee on Rules1983 This rule is derived from former Chapter X Rule 10405(a). Subdivision (b) of that rule is covered by  1143 of the Code. Notes of Advisory Committee on Rules1997 Amendment This rule is amended to provide flexibility in fixing the record date for the purpose of making distributions to holders of securities of record. In a large case, it may be impractical for the debtor to determine the holders of record with respect to publicly held securities and also to make distributions to those holders at the same time. Under this amendment, the plan or the order confirming the plan may fix a record date for distributions that is earlier than the date on which distributions commence. This rule also is amended to treat holders of bonds, debentures, notes, and other debt securities the same as any other creditors by providing that they shall receive a distribution only if their claims have been allowed. Finally, the amendments clarify that distributions are to be made to all interest holdersnot only those that are within the definition of equity security holders under  101 of the Codewhose interests have not been disallowed. GAP Report on Rule 3021 Committee Notes on Rules1999 Amendment This amendment is to conform to the amendments to Rule 3020 regarding the ten-day stay of an order confirming a plan in a chapter 9 or chapter 11 case. The other amendments are stylistic. GAP Report on Rule 3021 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 Aug. 1, 1987 Apr. 30, 1991 Aug. 1, 1991  Notes of Advisory Committee on Rules1983 Section 350 of the Code requires the court to close the case after the estate is fully administered and the trustee has been discharged. Section 1143 places a five year limitation on the surrender of securities when required for participation under a plan but this provision should not delay entry of the final decree. Notes of Advisory Committee on Rules1991 Amendment Entry of a final decree closing a chapter 11 case should not be delayed solely because the payments required by the plan have not been completed. Factors that the court should consider in determining whether the estate has been fully administered include (1) whether the order confirming the plan has become final, (2) whether deposits required by the plan have been distributed, (3) whether the property proposed by the plan to be transferred has been transferred, (4) whether the debtor or the successor of the debtor under the plan has assumed the business or the management of the property dealt with by the plan, (5) whether payments under the plan have commenced, and (6) whether all motions, contested matters, and adversary proceedings have been finally resolved. The court should not keep the case open only because of the possibility that the courts jurisdiction may be invoked in the future. A final decree closing the case after the estate is fully administered does not deprive the court of jurisdiction to enforce or interpret its own orders and does not prevent the court from reopening the case for cause pursuant to  350(b) of the Code. For example, on motion of a party in interest, the court may reopen the case to revoke an order of confirmation procured by fraud under  1144 of the Code. If the plan or confirmation order provides that the case shall remain open until a certain date or event because of the likelihood that the courts jurisdiction may be required for specific purposes prior thereto, the case should remain open until that date or event. 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 (2)  Ex Parte Relief (3)  Stay of Order (b) Use of Cash Collateral. (1)  Motion; Service (A)  Motion (B)  Contents (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 entitys interest is adequately protected. (C)  Service (2)  Hearing (3)  Notice (c) Obtaining Credit. (1)  Motion; Service (A)  Motion (B)  Contents (i) a grant of priority or a lien on property of the estate under  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  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 entitys 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  363(c), or request authority to obtain credit under  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  506(c); or (xi) the granting of a lien on any claim or cause of action arising under  544, 1 1 (C)  Service (2)  Hearing (3)  Notice (4)  Inapplicability in a Chapter 13 Case (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 (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  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 entitys lien or interest in such property. (B)  Contents (C)  Service (2)  Objection (3)  Disposition; Hearing (4)  Agreement in Settlement of Motion (As amended Mar. 30, 1987 Aug. 1, 1987 Apr. 30, 1991 Aug. 1, 1991 Apr. 26, 1999 Dec. 1, 1999 Apr. 30, 2007 Dec. 1, 2007 Mar. 26, 2009 Dec. 1, 2009 Apr. 28, 2010 Dec. 1, 2010 Apr. 25, 2019 Dec. 1, 2019  Notes of Advisory Committee on Rules1983 This rule implements  362 of the Code which set forth provisions regarding the automatic stay that arises on the filing of a petition. That section and this rule are applicable in chapters 7, 9, 11 and 13 cases. It also implements  363(c)(2) concerning use of cash collateral. Subdivision (a) e.g This subdivision also makes clear that a motion under Rule 9014 is the proper procedure for a debtor to seek court permission to use cash collateral. See  363(c)(2). Pursuant to Rule 5005, the motion should be filed in the court in which the case in pending. The court or local rule may specify the persons to be served with the motion for relief from the stay; see Rule 9013. Subdivision (b) At the final hearing, the stay is to be terminated, modified, annulled, or conditioned for cause, which includes, inter alia Subdivision (c) Notes of Advisory Committee on Rules1987 Amendment The scope of this rule is expanded and the former subdivisions (a), (b) and (c) are now combined in subdivision (a). The new subdivision (a)(2) is amended to conform to the 1984 amendments to  362(e) of the Code. Subdivision (b) Section 363(c)(3) authorizes the court to conduct a preliminary hearing and to authorize the use of cash collateral if there is a reasonable likelihood that the trustee will prevail at a final hearing. Subdivision (b)(2) of the rule permits a preliminary hearing to be held earlier than 15 days after service. Any order authorizing the use of cash collateral shall be limited to the amount necessary to protect the estate until a final hearing is held. The objective of subdivision (b) is to accommodate both the immediate need of the debtor and the interest of the secured creditor in the cash collateral. The time for holding the final hearing may be enlarged beyond the 15 days prescribed when required by the circumstances. The motion for authority to use cash collateral shall include (1) the amount of cash collateral sought to be used; (2) the name and address of each entity having an interest in the cash collateral; (3) the name and address of the entity in control or having possession of the cash collateral; (4) the facts demonstrating the need to use the cash collateral; and (5) the nature of the protection to be provided those having an interest in the cash collateral. If a preliminary hearing is requested, the motion shall also include the amount of cash collateral sought to be used pending final hearing and the protection to be provided. Notice of the preliminary and final hearings may be combined. This rule does not limit the authority of the court under  363(c)(2)(B) and  102(1). Subdivision (c) Subdivision (d) Notes of Advisory Committee on Rules1991 Amendment Subdivision (a) Notice of the motion for relief from the automatic stay or to prohibit or condition the use, sale, or lease of property must be served on the entities entitled to receive notice of a motion to approve an agreement pursuant to subdivision (d). If the movant and the adverse party agree to settle the motion and the terms of the agreement do not materially differ from the terms set forth in the movants motion papers, the court may approve the agreement without further notice pursuant to subdivision (d)(4). Subdivision (a)(2) Subdivisions (b)(1), (c)(1), and (d)(1) Subdivision (d)(4) If the motion papers served under subdivision (a), (b), or (c) do not afford notice sufficient to inform the recipients of the material provisions of the proposed agreement and opportunity for a hearing, approval of the settlement agreement may not be obtained unless the procedural requirements of subdivision (d)(1), (d)(2), and (d)(3) are satisfied. If the 15 day period for filing objections to the approval of the settlement agreement is too long under the particular circumstances of the case, the court may shorten the time for cause under Rule 9006(c)(1). Committee Notes on Rules1999 Amendment Paragraph (a)(3) The stay of the order does not affect the time for filing a notice of appeal in accordance with Rule 8002. While the enforcement and implementation of an order granting relief from the automatic stay is temporarily stayed under paragraph (a)(3), the automatic stay continues to protect the debtor, and the moving party may not foreclose on collateral or take any other steps that would violate the automatic stay. The court may, in its discretion, order that Rule 4001(a)(3) is not applicable so that the prevailing party may immediately enforce and implement the order granting relief from the automatic stay. Alternatively, the court may order that the stay under Rule 4001(a)(3) is for a fixed period less than 10 days. GAP Report on Rule 4001 Committee Notes on Rules2007 Amendment The rule is amended to require that parties seeking authority to use cash collateral, to obtain credit, and to obtain approval of agreements to provide adequate protection, modify or terminate the stay, or to grant a senior or equal lien on property, submit with those requests a proposed order granting the relief, and that they provide more extensive notice to interested parties of a number of specified terms. The motion must either not exceed five pages in length, or, if it is longer, begin with a concise statement of five pages or less, that summarizes or lists the material provisions and which will assist the court and interested parties in understanding the nature of the relief requested. The concise statement must also set out the location within the documents of the summarized or listed provisions. The parties to agreements and lending offers frequently have concise summaries of their transactions that contain a list of the material provisions of the agreements, even if the agreements themselves are very lengthy. A similar summary should allow the court and interested parties to understand the relief requested. In addition to the concise statement, the rule requires that motions under subdivisions (c) and (d) state whether the movant is seeking approval of any of the provisions listed in subdivision (c)(1)(B), and where those provisions are located in the documents. The rule is intended to enhance the ability of the court and interested parties to find and evaluate those provisions. The rule also provides that any motion for authority to obtain credit must identify any provision listed in subdivision (c)(1)(B)(i)(xi) that is proposed to remain effective if the court grants the motion on an interim basis under Rule 4001(c)(2), but later denies final relief. Other amendments are stylistic. Changes Made After Publication 1. The introductory language in subdivisions (b)(1)(B), (c)(1)(B), and (d)(1)(B) was revised to clarify that the motions filed under the rule can be either no more than five pages long or begin with a concise statement of that length. This permits the continued use of forms that have been effective in smaller cases. Subdivision (c)(1)(B) also is amended to require that the motion identify any provisionally approved term that would remain in effect even if the court denies the permanent relief requested. 2. A new subparagraph (c)(1)(B)(vi) was inserted into the rule and the remaining subparagraphs were renumbered accordingly. The new subparagraph requires that the motion identify any provisions setting deadlines for filing and confirming reorganization plans and disclosure statements. 3. Subdivisions (c)(1)(C) and (d)(1)(C) of the proposed rule were deleted as unnecessary. The court has whatever authority Rule 9024 provides, and making an explicit reference to that rule in these subdivisions brings unnecessary attention to Rule 9024 and could create a different standard of review under that rule than would apply in other instances. The Advisory Committee did not intend either consequence, so the subdivisions were deleted. 4. Subdivision (d)(1)(A) was restyled to form a vertical list of the motions subject to that provision. Committee Notes on Rules2009 Amendment The rule is amended to implement changes in connection with the amendment to Rule 9006(a) and the manner by which time is computed under the rules. The deadlines in the rule are amended to substitute a deadline that is a multiple of seven days. Throughout the rules, deadlines are amended in the following manner:  5-day periods become 7-day periods  10-day periods become 14-day periods  15-day periods become 14-day periods  20-day periods become 21-day periods  25-day periods become 28-day periods Committee Notes on Rules2010 Amendment Subdivision (d)  5 day periods become 7 day periods  10 day periods become 14 day periods  15 day periods become 14 day periods  20 day periods become 21 day periods  25 day periods become 28 day periods Final approval of the amendments to this rule is sought without publication. Committee Notes on Rules2019 Amendment Subdivision (c) of the rule is amended to exclude chapter 13 cases from that subdivision. This amendment does not speak to the underlying substantive issue of whether the Bankruptcy Code requires or permits a chapter 13 debtor not engaged in business to request approval of postpetition credit. 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 debtors 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 debtors address. (b) Individual Debtors Duty To Provide Documentation. (1)  Personal Identification (A) a picture identification issued by a governmental unit, or other personal identifying information that establishes the debtors identity; and (B) evidence of social-security number(s), or a written statement that such documentation does not exist. (2)  Financial Information (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 debtors 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 (4)  Tax Returns Provided to Creditors (5)  Confidentiality of Tax Information (As amended Mar. 30, 1987 Aug. 1, 1987 Apr. 23, 2008 Mar. 26, 2009 Dec. 1, 2009  Notes of Advisory Committee on Rules1983 This rule should be read together with  343 and 521 of the Code and Rule 1007, all of which impose duties on the debtor. Clause (3) of this rule implements the provisions of Rule 2015(a). Notes of Advisory Committee on Rules1987 Amendment New clause (5) of the rule imposes on the debtor the duty to advise the clerk of any change of the debtors address. Committee Notes on Rules2008 Amendment This rule is amended to implement  521(a)(1)(B)(iv) and (e)(2), added to the Code by the 2005 amendments. These Code amendments expressly require the debtor to file with the court, or provide to the trustee, specific documents. The amendments to the rule implement these obligations and establish a time frame for creditors to make requests for a copy of the debtors Federal income tax return. The rule also requires the debtor to provide documentation in support of claimed expenses under  707(b)(2)(A) and (B). Subdivision (b) of the rule is also amended to require the debtor to cooperate with the trustee by providing materials and documents necessary to assist the trustee in the performance of the trustees duties. Nothing in the rule, however, is intended to limit or restrict the debtors duties under  521, or to limit the access of the Attorney General to any information provided by the debtor in the case. Subdivision (b)(2) does not require that the debtor create documents or obtain documents from third parties; rather, the debtors obligation is to bring to the meeting of creditors under  341 the documents which the debtor possesses. Under subdivision (b)(2)(B), the trustee or the United States trustee can instruct debtors that they need not provide the documents described in that subdivision. Under subdivisions (b)(3) and (b)(4), the debtor must obtain and provide copies of tax returns or tax transcripts to the appropriate person, unless no such documents exist. Any written statement that the debtor provides indicating either that documents do not exist or are not in the debtors possession must be verified or contain an unsworn declaration as required under Rule 1008. Because the amendment implements the debtors duty to cooperate with the trustee, the materials provided to the trustee would not be made available to any other party in interest at the  341 meeting of creditors other than the Attorney General. Some of the documents may contain otherwise private information that should not be disseminated. For example, pay stubs and financial account statements might include the social-security numbers of the debtor and the debtors spouse and dependents, as well as the names of the debtors children. The debtor should redact all but the last four digits of all social-security numbers and the names of any minors when they appear in these documents. This type of information would not usually be needed by creditors and others who may be attending the meeting. If a creditor perceives a need to review specific documents or other evidence, the creditor may proceed under Rule 2004. Tax information produced under this rule is subject to procedures for safeguarding confidentiality established by the Director of the Administrative Office of the United States Courts. Changes Made After Publication Committee Notes on Rules2009 Amendment The rule is amended to implement changes in connection with the amendment to Rule 9006(a) and the manner by which time is computed under the rules. The deadline in the rule is amended to substitute a deadline that is a multiple of seven days. Throughout the rules, deadlines are amended in the following manner:  5-day periods become 7-day periods  10-day periods become 14-day periods  15-day periods become 14-day periods  20-day periods become 21-day periods  25-day periods become 28-day periods Rule 4003. Exemptions (a)  Claim of Exemptions A debtor shall list the property claimed as exempt under  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  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 debtors attorney, and to any person filing the list of exempt property and that persons 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 debtors attorney, and the person filing the list and that persons 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 under  522(f) to avoid a lien or other transfer of property exempt under the Code shall be commenced by motion in the manner provided by Rule 9014, or by serving a chapter 12 or chapter 13 plan on the affected creditors in the manner provided by Rule 7004 for service of a summons and complaint. Notwithstanding the provisions of subdivision (b), a creditor may object to a request under  522(f) by challenging the validity of the exemption asserted to be impaired by the lien. (As amended Mar. 30, 1987 Aug. 1, 1987 Apr. 30, 1991 Aug. 1, 1991 Apr. 17, 2000 Dec. 1, 2000 Apr. 23, 2008 Dec. 1, 2008 Apr. 27, 2017 Dec. 1, 2017  Notes of Advisory Committee on Rules1983 This rule is derived from  522(1) of the Code and, in part, former Bankruptcy Rule 403. The Code changes the thrust of that rule by making it the burden of the debtor to list his exemptions and the burden of parties in interest to raise objections in the absence of which the property claimed as exempt on such list is exempt;  522(1). Subdivision (a) Section 522(1) also provides that a dependent of the debtor may file the list if the debtor fails to do so. Subdivision (a) of the rule allows such filing from the expiration of the debtors time until 30 days thereafter. Dependent is defined in  522(a)(1). Subdivision (d) Notes of Advisory Committee on Rules1991 Amendment Subdivision (b) Committee Notes on Rules2000 Amendment This rule is amended to permit the court to grant a timely request for an extension of time to file objections to the list of claimed exemptions, whether the court rules on the request before or after the expiration of the 30-day period. The purpose of this amendment is to avoid the harshness of the present rule which has been construed to deprive a bankruptcy court of jurisdiction to grant a timely request for an extension if it has failed to rule on the request within the 30-day period. See In re Laurain Matter of Stoulig In re Brayshaw l GAP Report on Rule 4003(b) l Committee Notes on Rules2008 Amendment Subdivision (b) is rewritten to include four paragraphs. Subdivision (b)(2) is added to the rule to permit the trustee to object to an exemption at any time up to one year after the closing of the case if the debtor fraudulently claimed the exemption. Extending the deadline for trustees to object to an exemption when the exemption claim has been fraudulently made will permit the court to review and, in proper circumstances, deny improperly claimed exemptions, thereby protecting the legitimate interests of creditors and the bankruptcy estate. However, similar to the deadline set in  727(e) of the Code for revoking a discharge which was fraudulently obtained, an objection to an exemption that was fraudulently claimed must be filed within one year after the closing of the case. Subdivision (b)(2) extends the objection deadline only for trustees. Subdivision (b)(3) is added to the rule to reflect the addition of subsection (q) to  522 of the Code by the 2005 Act. Section 522(q) imposes a $136,875 limit on a state homestead exemption if the debtor has been convicted of a felony or owes a debt arising from certain causes of action. Other revised provisions of the Code, such as  727(a)(12) and  1328(h), suggest that the court may consider issues relating to  522(q) late in the case, and the 30-day period for objections would not be appropriate for this provision. Subdivision (d) is amended to clarify that a creditor with a lien on property that the debtor is attempting to avoid on the grounds that the lien impairs an exemption may raise in defense to the lien avoidance action any objection to the debtors claimed exemption. The right to object is limited to an objection to the exemption of the property subject to the lien and for purposes of the lien avoidance action only. The creditor may not object to other exemption claims made by the debtor. Those objections, if any, are governed by Rule 4003(b). Other changes are stylistic. Changes Made After Publication Committee Notes on Rules2017 Amendment Subdivision (d) is amended to provide that a request under  522(f) to avoid a lien or other transfer of exempt property may be made by motion or by a chapter 12 or chapter 13 plan. A plan that proposes lien avoidance in accordance with this rule must be served as provided under Rule 7004 for service of a summons and complaint. Lien avoidance not governed by this rule requires an adversary proceeding. Rule 4004. Grant or Denial of Discharge (a)  Time for Objecting to Discharge; Notice of Time Fixed In a chapter 7 case, a complaint, or a motion under  727(a)(8) or (a)(9) of the Code, objecting to the debtors discharge shall be filed no later than 60 days after the first date set for the meeting of creditors under  341(a). In a chapter 11 case, the complaint shall be filed no later than the first date set for the hearing on confirmation. In a chapter 13 case, a motion objecting to the debtors discharge under  1328(f) shall be filed no later than 60 days after the first date set for the meeting of creditors under  341(a). 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 trustees attorney. (b) Extension of Time. (1) On motion of any party in interest, after notice and hearing, the court may for cause extend the time to object to discharge. Except as provided in subdivision (b)(2), the motion shall be filed before the time has expired. (2) A motion to extend the time to object to discharge may be filed after the time for objection has expired and before discharge is granted if (A) the objection is based on facts that, if learned after the discharge, would provide a basis for revocation under  727(d) of the Code, and (B) the movant did not have knowledge of those facts in time to permit an objection. The motion shall be filed promptly after the movant discovers the facts on which the objection is based. (c) Grant of Discharge. (1) In a chapter 7 case, on expiration of the times fixed for objecting to discharge and for filing a motion to dismiss the case under Rule 1017(e), the court shall forthwith grant the discharge, except that the court shall not grant the discharge if: (A) the debtor is not an individual; (B) a complaint, or a motion under  727(a)(8) or (a)(9), objecting to the discharge has been filed and not decided in the debtors favor; (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 if 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 is in effect under  524(m) that a reaffirmation agreement is an undue hardship and the court has not concluded a hearing on the presumption; 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). (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. (4) In a chapter 11 case in which the debtor is an individual, or a chapter 13 case, the court shall not grant a discharge if the debtor has not filed any statement required by Rule 1007(b)(7). (d)  Applicability of Rules in Part VII and Rule An objection to discharge is governed by Part VII of these rules, except that an objection to discharge under  727(a)(8), 1 1 (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 Aug. 1, 1987 Apr. 30, 1991 Aug. 1, 1991 Apr. 23, 1996 Dec. 1, 1996 Apr. 26, 1999 Dec. 1, 1999 Apr. 17, 2000 Dec. 1, 2000 Apr. 29, 2002 Dec. 1, 2002 Apr. 23, 2008 Dec. 1, 2008 Mar. 26, 2009 Dec. 1, 2009 Apr. 28, 2010 Dec. 1, 2010 Apr. 26, 2011 Dec. 1, 2011 Apr. 16, 2013 Dec. 1, 2013  Notes of Advisory Committee on Rules1983 This rule is adapted from former Bankruptcy Rule 404. Subdivisions (a) and (b) The notice referred to in subdivision (a) is required to be given by mail and addressed to creditors as provided in Rule 2002. An extension granted on a motion pursuant to subdivision (b) of the rule would ordinarily benefit only the movant, but its scope and effect would depend on the terms of the extension. Subdivision (c) Bankruptcy The last sentence of subdivision (c) takes cognizance of  524(c) of the Code which authorizes a debtor to enter into enforceable reaffirmation agreements only prior to entry of the order of discharge. Immediate entry of that order after expiration of the time fixed for filing complaints objecting to discharge may render it more difficult for a debtor to settle pending litigation to determine the dischargeability of a debt and execute a reaffirmation agreement as part of a settlement. Subdivision (d) Subdivision (e) Subdivision (f) Federal Practice Subdivision (g) Notes of Advisory Committee on Rules1991 Amendment This rule is amended to conform to  727(c) which gives the United States trustee the right to object to discharge. This amendment is derived from Rule X1008(a)(1) and is consistent with Rule 2002. The amendment to subdivision (c) is to prevent a timely motion to dismiss a chapter 7 case for substantial abuse from becoming moot merely because a discharge order has been entered. Reference to the Official Form number in subdivision (e) is deleted in anticipation of future revision and renumbering of the Official Forms. Notes of Advisory Committee on Rules1996 Amendment Subsection (c) The other amendments to this rule are stylistic. GAP Report on Rule 4004 Committee Notes on Rules1999 Amendment Subdivision (a) The substitution of the word filed for made in subdivision (b) is intended to avoid confusion regarding the time when a motion is made for the purpose of applying these rules. See, e.g., In re Coggin filed Other amendments to this rule are stylistic. GAP Report on Rule 4004 Committee Notes on Rules2000 Amendment Subdivision (c) GAP Report on Rule 4004(c) Committee Notes on Rules2002 Amendment Subdivision (c)(1)(D) In re Tanenbaum Changes Made After Publication and Comments Committee Notes on Rules2008 Amendment Subdivision (c)(1)(G) is amended to reflect the fee waiver provision in 28 U.S.C.  1930, added by the 2005 amendments. Subdivision (c)(1)(H) is new. It reflects the 2005 addition to the Code of  727(a)(11) and 1328(g), which require that individual debtors complete a course in personal financial management as a condition to the entry of a discharge. Including this requirement in the rule helps prevent the inadvertent entry of a discharge when the debtor has not complied with this requirement. If a debtor fails to file the required statement regarding a personal financial management course, the clerk will close the bankruptcy case without the entry of a discharge. Subdivision (c)(1)(I) is new. It reflects the 2005 addition to the Code of  727(a)(12). This provision is linked to  522(q). Section 522(q) limits the availability of the homestead exemption for individuals who have been convicted of a felony or who owe a debt arising from certain causes of action within a particular time frame. The existence of reasonable cause to believe that  522(q) may be applicable to the debtor constitutes grounds for withholding the discharge. Subdivision (c)(1)(J) is new. It accommodates the deadline for filing a reaffirmation agreement established by Rule 4008(a). Subdivision (c)(1)(K) is new. It reflects the 2005 revisions to  524 of the Code that alter the requirements for approval of reaffirmation agreements. Section 524(m) sets forth circumstances under which a reaffirmation agreement is presumed to be an undue hardship. This triggers an obligation to review the presumption and may require notice and a hearing. Subdivision (c)(1)(J) has been added to prevent the discharge from being entered until the court approves or disapproves the reaffirmation agreement in accordance with  524(m). Subdivision (c)(1)(L) is new. It implements  1228(a) of Public Law Number 1098, an uncodified provision of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, which prohibits entry of a discharge unless required tax documents have been provided to the court. Subdivision (c)(3) is new. It postpones the entry of the discharge of an individual debtor in a case under chapter 11, 12, or 13 if there is a question as to the applicability of  522(q) of the Code. The postponement provides an opportunity for a creditor to file a motion to limit the debtors exemption under that provision. Other changes are stylistic. Changes Made After Publication Committee Notes on Rules2009 Amendment The rule is amended to implement changes in connection with the amendment to Rule 9006(a) and the manner by which time is computed under the rules. The deadline in the rule is amended to substitute a deadline that is a multiple of seven days. Throughout the rules, deadlines are amended in the following manner:  5-day periods become 7-day periods  10-day periods become 14-day periods  15-day periods become 14-day periods  20-day periods become 21-day periods  25-day periods become 28-day periods Committee Notes on Rules2010 Amendment Subdivision (a) Subdivision (c) Subdivision (c)(4) is new. It directs the court in chapter 11 and 13 cases to withhold the entry of the discharge if an individual debtor has not filed a statement of completion of a course concerning personal financial management as required by Rule 1007(b)(7). Subdivision (d) Changes Made After Publication Committee Notes on Rules2011 Amendment Subdivision (b) Changes Made After Publication Committee Notes on Rules2013 Amendment Subdivision (c)(1) is amended in several respects. The introductory language of paragraph (1) is revised to emphasize that the listed circumstances do not just relieve the court of the obligation to enter the discharge promptly but that they prevent the court from entering a discharge. Subdivision (c)(1)(H) is amended to reflect the simultaneous amendment of Rule 1007(b)(7). The amendment of the latter rule relieves a debtor of the obligation to file a statement of completion of a course concerning personal financial management if the course provider notifies the court directly that the debtor has completed the course. Subparagraph (H) now requires postponement of the discharge when a debtor fails to file a statement of course completion only if the debtor has an obligation to file the statement. Subdivision (c)(1)(K) is amended to make clear that the prohibition on entering a discharge due to a presumption of undue hardship under  524(m) of the Code ceases when the presumption expires or the court concludes a hearing on the presumption. Changes Made After Publication and Comment 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 Aug. 1, 1987  Notes of Advisory Committee on Rules1983 This rule does not address the burden of going forward with the evidence. Subject to the allocation by the rule of the initial burden of producing evidence and the ultimate burden of persuasion, the rule leaves to the courts the formulation of rules governing the shift of the burden of going forward with the evidence in the light of considerations such as the difficulty of proving the nonexistence of a fact and of establishing a fact as to which the evidence is likely to be more accessible to the debtor than to the objector. See, e.g., In re Haggerty Federal Provision Co. v. Ershowsky In re Riceputo 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 Aug. 1, 1987 Apr. 23, 2008 Dec. 1, 2008  Notes of Advisory Committee on Rules1983 The suspension by  108(c) of the Code of the statute of limitations affecting any debt of a debtor terminates within 30 days after the debtor is denied a discharge or otherwise loses his right to a discharge. If, however, a debtors failure to receive a discharge does not come to the attention of his creditors until after the statutes of limitations have run, the debtor obtains substantially the same benefits from his bankruptcy as a debtor who is discharged. This rule requires the clerk to notify creditors if a debtor fails to obtain a discharge because a waiver of discharge was filed under  727(a)(10) or as a result of an order denying or revoking the discharge under  727(a) or (d). Committee Notes on Rules2008 Amendment This amendment was necessary because the 2005 amendments to the Code require that individual debtors in a chapter 7 or 13 case complete a course in personal financial management as a condition to the entry of a discharge. If the debtor fails to complete the course, the case may be closed and no discharge will be entered. Reopening the case is governed by  350 and Rule 5010. The rule is amended to provide notice to parties in interest, including the debtor, that no discharge was entered. Changes Made After Publication 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 of the Code A complaint other than under  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 in a Chapter Liquidation, Chapter Reorganization, Chapter Family Farmers Debt Adjustment Case, or Chapter Individuals 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 in a Chapter Individuals 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. (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 Aug. 1, 1987 Apr. 30, 1991 Aug. 1, 1991 Apr. 26, 1999 Dec. 1, 1999 Apr. 23, 2008 Dec. 1, 2008  Notes of Advisory Committee on Rules1983 This rule prescribes the procedure to be followed when a party requests the court to determine dischargeability of a debt pursuant to  523 of the Code. Although a complaint that comes within  523(c) must ordinarily be filed before determining whether the debtor will be discharged, the court need not determine the issues presented by the complaint filed under this rule until the question of discharge has been determined under Rule 4004. A complaint filed under this rule initiates an adversary proceeding as provided in Rule 7003. Subdivision (b) Subdivision (c) Subdivision (e) Notes of Advisory Committee on Rules1991 Amendment Subdivision (a) Subdivision (c) Committee Notes on Rules1999 Amendment Subdivision (c) The substitution of the word filed for made in the final sentences of subdivisions (c) and (d) is intended to avoid confusion regarding the time when a motion is made for the purpose of applying these rules. See, e.g., In re Coggin filed The other amendments to this rule are stylistic. GAP Report on Rule 4007 Committee Notes on Rules2008 Amendment Subdivision (c) is amended because of the 2005 amendments to  1328(a) of the Code. This revision expands the exceptions to discharge upon completion of a chapter 13 plan. Subdivision (c) extends to chapter 13 the same time limits applicable to other chapters of the Code with respect to the two exceptions to discharge that have been added to  1328(a) and that are within  523(c). The amendment to subdivision (d) reflects the 2005 amendments to  1328(a) that expands the exceptions to discharge upon completion of a chapter 13 plan, including two out of three of the provisions that fall within  523(c). However, the 2005 revisions to  1328(a) do not include a reference to  523(a)(6), which is the third provision to which  523(c) refers. Thus, subdivision (d) is now limited to that provision. Changes Made After Publication 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 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 debtors 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. (As amended Apr. 30, 1991 Aug. 1, 1991 Apr. 23, 2008 Dec. 1, 2008 Mar. 26, 2009 Dec. 1, 2009  Notes of Advisory Committee on Rules1983 Section 524(d) of the Code requires the court to hold a hearing to inform an individual debtor concerning the granting or denial of discharge and the law applicable to reaffirmation agreements. The notice of the  524(d) hearing may be combined with the notice of the meeting of creditors or entered as a separate order. The expression not more than contained in the first sentence of the rule is for the explicit purpose of requiring the hearing to occur within that time period and cannot be extended. Notes of Advisory Committee on Rules1991 Amendment This rule is changed to conform to  524(d) of the Code as amended in 1986. A hearing under  524(d) is not mandatory unless the debtor desires to enter into a reaffirmation agreement. Committee Notes on Rules2008 Amendment This rule is amended to establish a deadline for filing reaffirmation agreements. The Code sets out a number of prerequisites to the enforceability of reaffirmation agreements. Among those requirements,  524(k)(6)(A) provides that each reaffirmation agreement must be accompanied by a statement indicating the debtors ability to make the payments called for by the agreement. In the event that this statement reflects an insufficient income to allow payment of the reaffirmed debt,  524(m) provides that a presumption of undue hardship arises, allowing the court to disapprove the reaffirmation agreement, but only after a hearing conducted prior to the entry of discharge. Rule 4004(c)(1)(K) accommodates this provision by delaying the entry of discharge where a presumption of undue hardship arises. However, in order for that rule to be effective, the reaffirmation agreement itself must be filed before the entry of discharge. Under Rule 4004(c)(1) discharge is to be entered promptly after the expiration of the time for filing a complaint objecting to discharge, which, under Rule 4004(a), is 60 days after the first date set for the meeting of creditors under  341(a). Accordingly, that date is set as the deadline for filing a reaffirmation agreement. Any party may file the agreement with the court. Thus, whichever party has a greater incentive to enforce the agreement usually will file it. In the event that the parties are unable to file a reaffirmation agreement in a timely fashion, the rule grants the court broad discretion to permit a late filing. A corresponding change to Rule 4004(c)(1)(J) accommodates such an extension by providing for a delay in the entry of discharge during the pendency of a motion to extend the time for filing a reaffirmation agreement. Rule 4008 is also amended by deleting provisions regarding the timing of any reaffirmation and discharge hearing. As noted above,  524(m) itself requires that hearings on undue hardship be conducted prior to the entry of discharge. In other respects, including hearings to approve reaffirmation agreements of unrepresented debtors under  524(c)(6), the rule leaves discretion to the court to set the hearing at a time appropriate for the particular circumstances presented in the case and consistent with the scheduling needs of the parties. Changes Made After Publication Committee Notes on Rules2009 Amendment Subdivision (a) of the rule is amended to require that the entity filing the reaffirmation agreement with the court also include Official Form 27, the Reaffirmation Agreement Cover Sheet. The form includes information necessary for the court to determine whether the proposed reaffirmation agreement is presumed to be an undue hardship for the debtor under  524(m) of the Code. Changes Made After Publication 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.  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)  Clerks Office The clerks 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 Aug. 1, 1987 Apr. 30, 1991 Aug. 1, 1991 Apr. 23, 2008 Dec. 1, 2008  Notes of Advisory Committee on Rules1983 This rule is adapted from subdivisions (a), (b) and (c) of Rule 77 F.R.Civ.P. Notes of Advisory Committee on Rules1987 Amendment Rule 9001, as amended, defines court to mean the bankruptcy judge or district judge before whom a case or proceeding is pending. Clerk means the bankruptcy clerk, if one has been appointed for the district; if a bankruptcy clerk has not been appointed, clerk means clerk of the district court. Notes of Advisory Committee on Rules1991 Amendment Subdivision (c) Committee Notes on Rules2008 Amendment The rule is amended to permit bankruptcy judges to hold hearings outside of the district in which the case is pending to the extent that the circumstances lead to the authorization of the court to take such action under the 2005 amendment to 28 U.S.C.  152(c). Under that provision, bankruptcy judges may hold court outside of their districts in emergency situations and when the business of the court otherwise so requires. This amendment to the rule is intended to implement the legislation. Changes Made After Publication 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  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  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  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 individuals 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  1104 of the Code or approve the employment of a person as an attorney, accountant, appraiser, auctioneer, or other professional person pursuant to  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 Aug. 1, 1985 Apr. 30, 1991 Aug. 1, 1991  Notes of Advisory Committee on Rules1983 This rule is adapted from former Bankruptcy Rule 505(a). The scope of the prohibition on appointment or employment is expanded to include an examiner appointed under  1104 of the Code and attorneys and other professional persons whose employment must be approved by the court under  327 or  1103. The rule supplements two statutory provisions. Under 18 U.S.C.  1910, it is a criminal offense for a judge to appoint a relative as a trustee and, under 28 U.S.C.  458, a person may not be appointed to or employed in any office or duty in any court if he is a relative of any judge of that court. The rule prohibits the appointment or employment of a relative of a bankruptcy judge in a case pending before that bankruptcy judge or before other bankruptcy judges sitting within the district. A relative is defined in  101(34) of the Code to be an individual related by affinity or consanguinity within the third degree as determined by the common law, or individual in a step or adoptive relationship within such third degree. Persons within the third degree under the common law system are as follows: first degreeparents, brothers and sisters, and children; second degreegrandparents, uncles and aunts, first cousins, nephews and nieces, and grandchildren; third degreegreat grandparents, great uncles and aunts, first cousins once removed, second cousins, grand nephews and nieces, great grandchildren. Rule 9001 incorporates the definitions of  101 of the Code. In order for the policy of this rule to be meaningfully implemented, it is necessary to extend the prohibition against appointment or employment to the firm or other business association of the ineligible person and to those affiliated with the firm or business association. Firm is defined in Rule 9001 to include a professional partnership or corporation of attorneys or accountants. All other types of business and professional associations and relationships are covered by this rule. Notes of Advisory Committee on Rules1985 Amendment The amended rule is divided into two subdivisions. Subdivision (a) applies to relatives of bankruptcy judges and subdivision (b) applies to persons who are or have been connected with bankruptcy judges. Subdivision (a) permits no judicial discretion; subdivision (b) allows judicial discretion. In both subdivisions of the amended rule bankruptcy judge has been substituted for judge. The amended rule makes clear that it only applies to relatives of, or persons connected with, the bankruptcy judge. See In re Hilltop Sand and Gravel, Inc Subdivision (a) Relatives are not eligible for appointment or employment when the bankruptcy judge to whom they are related makes the appointment or approves the employment. Canon 3(b)(4) of the Code of Judicial Conduct, which provides that the judge shall exercise his power of appointment only on the basis of merit, avoiding nepotism and favoritism, should guide a bankruptcy judge when a relative of a judge of the same bankruptcy court is considered for appointment or employment. Subdivision (b) The policy underlying subdivision (b) is essentially the same as the policy embodied in the Code of Judicial Conduct. Canon 2 of the Code of Judicial Conduct instructs a judge to avoid impropriety and the appearance of impropriety, and Canon 3(b)(4) provides that the judge should exercise his power of appointment only on the basis of merit, avoiding nepotism and favoritism. Subdivision (b) alerts the potential appointee or employee and party seeking approval of employment to consider the possible relevance or impact of subdivision (b) and indicates to them that appropriate disclosure must be made to the bankruptcy court before accepting appointment or employment. The information required may be made a part of the application for approval of employment. See Rule 2014(a). Subdivision (b) departs from the former rule in an important respect: a firm or business association is not prohibited from appointment or employment merely because an individual member or employee of the firm or business association is ineligible under subdivision (b). The emphasis given to the bankruptcy courts judicial discretion in applying subdivision (b) and the absence of a per se Subdivision (b) applies to persons connected with a bankruptcy judge. Person is defined in  101 of the Bankruptcy Code to include an individual, partnership and corporation. A partnership or corporation may be appointed or employed to serve in a bankruptcy case. If a bankruptcy judge is connected in some way with a partnership or corporation, it is necessary for the court to determine whether the appointment or employment of that partnership or corporation is proper. The amended rule does not regulate professional relationships which do not require approval of a bankruptcy judge. Disqualification of the bankruptcy judge pursuant to 28 U.S.C.  455 may, however, be appropriate. Under Rule 5004(a), a bankruptcy judge may find that disqualification from only some aspect of the case, rather than the entire case, is necessary. A situation may also arise in which the disqualifying circumstance only comes to light after services have been performed. Rule 5004(b) provides that if compensation from the estate is sought for these services, the bankruptcy judge is disqualified from awarding compensation. Notes of Advisory Committee on Rules1991 Amendment The 1986 amendments to the Code provide that the United States trustee shall appoint trustees in chapter 7, chapter 12, and chapter 13 cases without the necessity of court approval. This rule is not intended to apply to the appointment of trustees in those cases because it would be inappropriate for a court rule to restrict in advance the exercise of discretion by the executive branch. See Committee Note to Rule 2009. In chapter 11 cases, a trustee or examiner is appointed by the United States trustee after consultation with parties in interest and subject to court approval. Subdivision (a), as amended, prohibits the approval of the appointment of an individual as a trustee or examiner if the person is a relative of the United States trustee making the appointment or the bankruptcy judge approving the appointment. The United States trustee neither appoints nor approves the employment of professional persons employed pursuant to  327, 1103, or 1114 of the Code. Therefore, subdivision (a) is not a prohibition against judicial approval of employment of a professional person who is a relative of the United States trustee. However, the United States trustee monitors applications for compensation and reimbursement of expenses and may raise, appear and be heard on issues in the case. Employment of relatives of the United States trustee may be approved unless the court finds, after considering the relationship and the particular circumstances of the case, that the relationship would cause the employment to be improper. As used in this rule, improper includes the appearance of impropriety. United States trustee is defined to include a designee or assistant United States trustee. See Rule 9001. Therefore, subdivision (a) is applicable if the person appointed as trustee or examiner or the professional to be employed is a relative of a designee of the United States trustee or any assistant United States trustee in the region in which the case is pending. This rule is not exclusive of other laws or rules regulating ethical conduct. See, e.g., 28 CFR  45.7355. 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 clerks 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  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. (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 Aug. 1, 1987 Apr. 17, 2000 Dec. 1, 2000 Apr. 23, 2008 Dec. 1, 2008  Notes of Advisory Committee on Rules1983 This rule consolidates former Bankruptcy Rules 504 and 507. The record-keeping duties of the referee under former Bankruptcy Rule 504 are transferred to the clerk. Subdivisions (a), (c), (d) and (e) are similar to subdivisions (a)(d) of Rule 79 F.R.Civ.P. Subdivision (b) Rule 2013 requires the clerk to maintain a public record of fees paid from the estate and an annual summary thereof. Former Bankruptcy Rules 507(d) and 508, which made materials in the clerks office and files available to the public, are not necessary because  107 of the Code guarantees public access to files and dockets of cases under the Code. Notes of Advisory Committee on Rules1987 Amendment Subdivision (a) Subdivision (c) Committee Notes on Rules2000 Amendment Subdivision (e) The register may include a separate mailing address for each department, agency, or instrumentality of the United States or the state or territory. This rule does not require that addresses of municipalities or other local governmental units be included in the register, but the clerk may include them. Although it is important for the register to be kept current, debtors, their attorneys, and other parties should be able to rely on mailing addresses listed in the register without the need to continuously inquire as to new or amended addresses. Therefore, the clerk must update the register, but only once each year. To avoid unnecessary cost and burden on the clerk and to keep the register a reasonable length, the clerk is not required to include more than one mailing address for a particular agency, department, or instrumentality of the United States or the state or territory. But if more than one address is included, the clerk is required to include information so that a person using the register could determine when each address should be used. In any event, the inclusion of more than one address for a particular department, agency, or instrumentality does not impose on a person sending a notice the duty to send it to more than one address. GAP Report on Rule 5003 Committee Notes on Rules2008 Amendment The rule is amended to implement  505(b)(1) of the Code added by the 2005 amendments, which allows a taxing authority to designate an address to use for the service of requests under that subsection. Under the amendment, the clerk is directed to maintain a separate register for mailing addresses of governmental units solely for the service of requests under  505(b). This register is in addition to the register of addresses of governmental units already maintained by the clerk. The clerk is required to keep only one address for a governmental unit in each register. Changes Made After Publication Rule 5004. Disqualification (a)  Disqualification of Judge A bankruptcy judge shall be governed by 28 U.S.C.  455, and disqualified from presiding over the proceeding or contested matter in which the disqualifying circumstances 1 1 (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 Aug. 1, 1985 Mar. 30, 1987 Aug. 1, 1987  Notes of Advisory Committee on Rules1983 Subdivision (a) It is possible, however, that even if the disqualifying circumstance arises in connection with an adversary proceeding, the effect will be so pervasive that disqualification from presiding over the case is appropriate. This distinction is consistent with the definition of proceeding in 28 U.S.C.  455(d)(1). Subdivision (b) Notes of Advisory Committee on Rules1985 Amendment Subdivision (a) was affected by the Bankruptcy Amendments and Federal Judgeship Act of 1984, P.L. 98353 98 Stat. 333 P.L. 95598 April 1, 1984 P.L. 95598,  404(b) Section 113 of P.L. 98353 The word associated in subdivision (b) has been changed to connected in order to conform with Rule 5002(b). Notes of Advisory Committee on Rules1987 Amendment The rule is amended to be gender neutral. The bankruptcy judge before whom the matter is pending determines whether disqualification is required. Rule 5005. Filing and Transmittal of Papers (a) Filing. (1)  Place of Filing (2)  Electronic Filing and Signing (A)  By a Represented EntityGenerally Required; Exceptions (B)  By an Unrepresented IndividualWhen Allowed or Required (i) may file electronically only if allowed by court order or by local rule; and (ii) may be required to file electronically only by court order, or by a local rule that includes reasonable exceptions. (C)  Signing (D)  Same as a Written Paper (b) Transmittal to the United States Trustee. (1) The complaints, notices, motions, applications, objections and other papers required to be transmitted to the United States trustee may be sent by filing with the courts electronic-filing system in accordance with Rule 9036, unless a court order or local rule provides otherwise. (2) The entity, other than the clerk, transmitting a paper to the United States trustee other than through the courts electronic-filing system shall promptly file as proof of such transmittal a statement identifying the paper and stating the manner by which and 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 Aug. 1, 1987 Apr. 30, 1991 Aug. 1, 1991 Apr. 22, 1993 Aug. 1, 1993 Apr. 23, 1996 Dec. 1, 1996 Apr. 12, 2006 Dec. 1, 2006 Apr. 26, 2018 Dec. 1, 2018 Apr. 11, 2022 Dec. 1, 2022  Notes of Advisory Committee on Rules1983 Subdivision (a) Subdivision (b) Notes of Advisory Committee on Rules1987 Amendment Subdivision (a) Notes of Advisory Committee on Rules1991 Amendment Subdivision (b)(1) Subdivision (b)(2) Subdivision (b)(3) Subdivision (c) Notes of Advisory Committee on Rules1993 Amendment Subdivision (a) Notes of Advisory Committee on Rules1996 Amendment The rule is amended to permit, but not require, courts to adopt local rules that allow filing, signing, or verifying of documents by electronic means. However, such local rules must be consistent with technical standards, if any, promulgated by the Judicial Conference of the United States. An important benefit to be derived by permitting filing by electronic means is that the extensive volume of paper received and maintained as records in the clerks office will be reduced substantially. With the receipt of electronic data transmissions by computer, the clerk may maintain records electronically without the need to reproduce them in tangible paper form. Judicial Conference standards governing the technological aspects of electronic filing will result in uniformity among judicial districts to accommodate an increasingly national bar. By delegating to the Judicial Conference the establishment and future amendment of national standards for electronic filing, the Supreme Court and Congress will be relieved of the burden of reviewing and promulgating detailed rules dealing with complex technological standards. Another reason for leaving to the Judicial Conference the formulation of technological standards for electronic filing is that advances in computer technology occur often, and changes in the technological standards may have to be implemented more frequently than would be feasible by rule amendment under the Rules Enabling Act process. It is anticipated that standards established by the Judicial Conference will govern technical specifications for electronic data transmission, such as requirements relating to the formatting of data, speed of transmission, means to transmit copies of supporting documentation, and security of communication procedures. In addition, before procedures for electronic filing are implemented, standards must be established to assure the proper maintenance and integrity of the record and to provide appropriate access and retrieval mechanisms. These matters will be governed by local rules until system-wide standards are adopted by the Judicial Conference. Rule 9009 requires that the Official Forms shall be observed and used with alterations as may be appropriate. Compliance with local rules and any Judicial Conference standards with respect to the formatting or presentation of electronically transmitted data, to the extent that they do not conform to the Official Forms, would be an appropriate alteration within the meaning of Rule 9009. These rules require that certain documents be in writing. For example, Rule 3001 states that a proof of claim is a written statement. Similarly, Rule 3007 provides that an objection to a claim shall be in writing. Pursuant to the new subdivision (a)(2), any requirement under these rules that a paper be written may be satisfied by filing the document by electronic means, notwithstanding the fact that the clerk neither receives nor prints a paper reproduction of the electronic data. Section 107(a) of the Code provides that a paper filed in a case is a public record open to examination by an entity at reasonable times without charge, except as provided in  107(b). The amendment to subdivision (a)(2) provides that an electronically filed document is to be treated as such a public record. Although under subdivision (a)(2) electronically filed documents may be treated as written papers or as signed or verified writings, it is important to emphasize that such treatment is only for the purpose of applying these rules. In addition, local rules and Judicial Conference standards regarding verification must satisfy the requirements of 28 U.S.C.  1746. GAP Report on Rule 5005 Committee Notes on Rules2006 Amendment Subdivision (a). Subdivision (c). Changes Made After Publication. Committee Notes on Rules2018 Amendment Electronic filing has matured. Most districts have adopted local rules that require electronic filing and allow reasonable exceptions as required by the former rule. The time has come to seize the advantages of electronic filing by making it mandatory in all districts, except for filings made by an individual not represented by an attorney. But exceptions continue to be available. Paper filing must be allowed for good cause. And a local rule may allow or require paper filing for other reasons. Filings by an individual not represented by an attorney are treated separately. It is not yet possible to rely on an assumption that pro se litigants are generally able to seize the advantages of electronic filing. Encounters with the courts system may prove overwhelming to some. Attempts to work within the system may generate substantial burdens on a pro se party, on other parties, and on the court. Rather than mandate electronic filing, filing by pro se litigants is left for governing by local rules or court order. Efficiently handled electronic filing works to the advantage of all parties and the court. Many courts now allow electronic filing by pro se litigants with the courts permission. Such approaches may expand with growing experience in these and other courts, along with the growing availability of the systems required for electronic filing and the increasing familiarity of most people with electronic communication. Room is also left for a court to require electronic filing by a pro se litigant by court order or by local rule. Care should be taken to ensure that an order to file electronically does not impede access to the court, and reasonable exceptions must be included in a local rule that requires electronic filing by a pro se litigant. A filing made through a persons electronic-filing account and authorized by that person, together with that persons name on a signature block, constitutes the persons signature. A persons electronic-filing account means an account established by the court for use of the courts electronic-filing system, which account the person accesses with the user name and password (or other credentials) issued to that person by the court. Committee Notes on Rules2022 Amendment Subdivision (b)(1) is amended to authorize the clerk or parties to transmit papers to the United States trustee by electronic means in accordance with Rule 9036, regardless of whether the United States trustee is a registered user with the courts electronic-filing system. Subdivision (b)(2) is amended to recognize that parties meeting transmittal obligations to the United States trustee using the courts electronic-filing system need not file a statement evidencing transmittal under Rule 5005(b)(2). The amendment to subdivision (b)(2) also eliminates the requirement that statements evidencing transmittal filed under Rule 5005(b)(2) be verified.  References in Text The Federal Rules of Civil Procedure, referred to in subd. (a)(2), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. 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 Aug. 1, 1991  Notes of Advisory Committee on Rules1983 Fees for certification and copying are fixed by the Judicial Conference under 28 U.S.C.  1930(b). Rule 1101 F. R. Evid. makes the Federal Rules of Evidence applicable to cases under the Code. Rule 1005 F. R. Evid. allows the contents of an official record or of a paper filed with the court to be proved by a duly certified copy. A copy certified and issued in accordance with Rule 5006 is accorded authenticity by Rule 902(4) F. R. Evid. 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 Aug. 1, 1987 Apr. 30, 1991 Aug. 1, 1991  Notes of Advisory Committee on Rules1983 This rule supplements 28 U.S.C.  773. A record of proceedings before the bankruptcy judge is to be made whenever practicable. By whatever means the record is made, subdivision (a) requires that the preparer of the record certify and file the original notes, tape recording, or other form of sound recording of the proceedings. Similarly, if a transcript is requested, the preparer is to file a certified copy with the clerk. Subdivision (b) Subdivision (c) Notes of Advisory Committee on Rules1991 Amendment The words with the clerk in the final sentence of subdivision (a) are deleted as unnecessary. See Rules 5005(a) and 9001(3). 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. (Added Apr. 23, 2008 Dec. 1, 2008  Notes of Advisory Committee on Rules1991 This rule [Rule 5008. Funds of the Estate; abrogated Apr. 30, 1991 Aug. 1, 1991 Committee Notes on Rules2008 This rule is new. The 2005 amendments to  342 of the Code require that clerks give written notice to all creditors not later than 10 days after the date of the filing of the petition that a presumption of abuse has arisen under  707(b). A statement filed by the debtor will be the source of the clerks information about the presumption of abuse. This rule enables the clerk to meet its obligation to send the notice within the statutory time period set forth in  342. In the event that the court receives the debtors statement after the clerk has sent the first notice, and the debtors statement indicates a presumption of abuse, the rule requires that the clerk send a second notice. Changes Made After Publication Rule 5009. Closing Chapter 7, Chapter 12, Chapter 13, and Chapter 15 Cases; Order Declaring Lien Satisfied (a)  Closing of Cases Under Chapters and 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. (b)  Notice of Failure To File Rule Statement If an individual debtor in a chapter 7 or 13 case is required to file a statement under Rule 1007(b)(7) and fails to do so within 45 days after the first date set for the meeting of creditors under  341(a) of the Code, the clerk shall promptly notify the debtor that the case will be closed without entry of a discharge unless the required statement is filed within the applicable time limit under Rule 1007(c). (c)  Cases Under Chapter A foreign representative in a proceeding recognized under  1517 of the Code shall file a final report when the purpose of the representatives appearance in the court is completed. The report shall describe the nature and results of the representatives activities in the court. The foreign representative shall transmit the report to the United States trustee, and give notice of its filing to the debtor, 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 was a party at the time of the filing of the petition, and such other entities as the court may direct. The foreign representative shall file a certificate with the court that notice has been given. If no objection has been filed by the United States trustee or a party in interest within 30 days after the certificate is filed, there shall be a presumption that the case has been fully administered. (d)  Order Declaring Lien Satisfied In a chapter 12 or chapter 13 case, if a claim that was secured by property of the estate is subject to a lien under applicable nonbankruptcy law, the debtor may request entry of an order declaring that the secured claim has been satisfied and the lien has been released under the terms of a confirmed plan. The request shall be made by motion and shall be served on the holder of the claim and any other entity the court designates in the manner provided by Rule 7004 for service of a summons and complaint. (As amended Apr. 30, 1991 Aug. 1, 1991 Apr. 28, 2010 Dec. 1, 2010 Apr. 16, 2013 Dec. 1, 2013 Apr. 27, 2017 Dec. 1, 2017  Notes of Advisory Committee on Rules1983 This rule is the same as  350(a) of the Code. An estate may be closed even though the period allowed by Rule 3002(c) for filing claims has not expired. The closing of a case may be expedited when a notice of no dividends is given under Rule 2002(e). Dismissal of a case for want of prosecution or failure to pay filing fees is governed by Rule 1017. Notes of Advisory Committee on Rules1991 Amendment The final report and account of the trustee is required to be filed with the court and the United States trustee under  704(9), 1202(b)(1), and 1302(b)(1) of the Code. This amendment facilitates the United States trustees performance of statutory duties to supervise trustees and administer cases under chapters 7, 12, and 13 pursuant to 28 U.S.C.  586. In the absence of a timely objection by the United States trustee or a party in interest, the court may discharge the trustee and close the case pursuant to  350(a) without the need to review the final report and account or to determine the merits of the trustees certification that the estate has been fully administered. Rule 3022 governs the closing of chapter 11 cases. Committee Notes on Rules2010 Amendment Subdivisions (a) and (b) Subdivision (c) Changes Made After Publication Committee Notes on Rules2013 Amendment Subdivision (b) is amended to conform to the amendment of Rule 1007(b)(7). Rule 1007(b)(7) relieves an individual debtor of the obligation to file a statement of completion of a personal financial management course if the course provider notifies the court that the debtor has completed the course. The clerks duty under subdivision (b) to notify the debtor of the possible closure of the case without discharge if the statement is not timely filed therefore applies only if the course provider has not already notified the court of the debtors completion of the course. Changes Made After Publication and Comment Committee Notes on Rules2017 Amendment Subdivision (d) is added to provide a procedure by which a debtor in a chapter 12 or chapter 13 case may request an order declaring a secured claim satisfied and a lien released under the terms of a confirmed plan. A debtor may need documentation for title purposes of the elimination of a second mortgage or other lien that was secured by property of the estate. Although requests for such orders are likely to be made at the time the case is being closed, the rule does not prohibit a request at another time if the lien has been released and any other requirements for entry of the order have been met. Other changes to this rule are stylistic. Rule 5010. Reopening Cases  A case may be reopened on motion of the debtor or other party in interest pursuant to  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 Aug. 1, 1987 Apr. 30, 1991 Aug. 1, 1991  Notes of Advisory Committee on Rules1983 Section 350(b) of the Code provides: A case may be reopened in the court in which such case was closed to administer assets, to accord relief to the debtor, or for other cause. Rule 9024, which incorporates Rule 60 F.R.Civ.P., exempts motions to reopen cases under the Code from the one year limitation of Rule 60(b). Although a case has been closed the court may sometimes act without reopening the case. Under Rule 9024, clerical errors in judgments, orders, or other parts of the record or errors therein caused by oversight or omission may be corrected. A judgment determined to be non-dischargeable pursuant to Rule 4007 may be enforced after a case is closed by a writ of execution obtained pursuant to Rule 7069. Notes of Advisory Committee on Rules1987 Amendment In order to avoid unnecessary cost and delay, the rule is amended to permit reopening of a case without the appointment of a trustee when the services of a trustee are not needed. Notes of Advisory Committee on Rules1991 Amendment This rule is amended to conform to the 1986 amendments to the Code that give the United States trustee the duty to appoint trustees in chapter 7, 12 and 13 cases. See  701, 702(d), 1202(a), and 1302(a) of the Code. In most reopened cases, a trustee is not needed because there are no assets to be administered. Therefore, in the interest of judicial economy, this rule is amended so that a motion will not be necessary unless the United States trustee or a party in interest seeks the appointment of a trustee in the reopened case. 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.  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.  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 Aug. 1, 1987 Apr. 30, 1991 Aug. 1, 1991  Notes of Advisory Committee on Rules1987 Motions for withdrawal pursuant to 28 U.S.C.  157(d) or abstention pursuant to 28 U.S.C.  1334(c), like all other motions, are to be filed with the clerk as required by Rule 5005(a). If a bankruptcy clerk has been appointed for the district, all motions are filed with the bankruptcy clerk. The method for forwarding withdrawal motions to the district court will be established by administrative procedures. Subdivision (a) Subdivision (b) This rule does not apply to motions under  305 of the Code for abstention from hearing a case. Judicial decisions will determine the scope of the bankruptcy judges authority under  305. Subdivision (c) Notes of Advisory Committee on Rules1991 Amendment Subdivision (b) Rule 5012. Agreements Concerning Coordination of Proceedings in Chapter 15 Cases  Approval of an agreement under  1527(4) of the Code shall be sought by motion. The movant shall attach to the motion a copy of the proposed agreement or protocol and, unless the court directs otherwise, give at least 30 days notice of any hearing on the motion by transmitting the motion to the United States trustee, and serving it on 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, all parties to litigation pending in the United States in which the debtor was a party at the time of the filing of the petition, and such other entities as the court may direct. (Added Apr. 28, 2010 Dec. 1, 2010  Committee Notes on Rules2010 This rule is new. In chapter 15 cases, any party in interest may seek approval of an agreement, frequently referred to as a protocol, that will assist with the conduct of the case. Because the needs of the courts and the parties may vary greatly from case to case, the rule does not attempt to limit the form or scope of a protocol. Rather, the rule simply requires that approval of a particular protocol be sought by motion, and designates the persons entitled to notice of the hearing on the motion. These agreements, or protocols, drafted entirely by parties in interest in the case, are intended to provide valuable assistance to the court in the management of the case. Interested parties may find guidelines published by organizations, such as the American Law Institute and the International Insolvency Institute, helpful in crafting agreements or protocols to apply in a particular case. Changes Made After Publication 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  549 of the Code shall have the burden of proof.  Notes of Advisory Committee on Rules1983 This rule is derived from former Bankruptcy Rule 603. The Act contained, in  70d, a provision placing the burden of proof on the same person as did Rule 603. The Code does not contain any directive with respect to the burden of proof. This omission, in all probability, resulted from the intention to leave matters affecting evidence to these rules. See H. Rep. No. 95595, 95th Cong. 1st Sess. (1977) 293. 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 custodians 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 Aug. 1, 1987 Apr. 30, 1991 Aug. 1, 1991 Apr. 22, 1993 Aug. 1, 1993  Notes of Advisory Committee on Rules1983 Custodian is defined in  101(10) of the Code. The definition includes a trustee or receiver appointed in proceedings not under the Code, as well as an assignee for the benefit of creditors. This rule prescribes the procedure to be followed by a custodian who under  543 of the Code is required to deliver property to the trustee and to account for its disposition. The examination under subdivision (b) may be initiated (1) on the motion of the custodian required to account under subdivision (a) for an approval of his account and discharge thereon, (2) on the motion of, or the filing of an objection to the custodians account by, the trustee or any other party in interest, or (3) on the courts own initiative. Rule 9014 applies to any contested matter arising under this rule. Section 543(d) is similar to an abstention provision. It grants the bankruptcy court discretion to permit the custodian to remain in possession and control of the property. In that event, the custodian is excused from complying with  543(a)(c) and thus would not be required to turn over the property to the trustee. When there is no duty to turn over to the trustee, Rule 6002 would not be applicable. Notes of Advisory Committee on Rules1991 Amendment This rule is amended to enable the United States trustee to review, object to, or to otherwise be heard regarding the custodians report and accounting. See  307 and 543 of the Code. Notes of Advisory Committee on Rules1993 Amendment Subdivision (b) Rule 6003. Interim and Final Relief Immediately Following the Commencement of the CaseApplications 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, issue an order granting 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; or (c) a motion to assume or assign an executory contract or unexpired lease in accordance with  365. (Added Apr. 30, 2007 Dec. 1, 2007 Mar. 26, 2009 Dec. 1, 2009 Apr. 26, 2011 Dec. 1, 2011  Notes of Advisory Committee on Rules1991 This rule [Former Rule 6003Disbursement of Money of the Estate (Abrogated Apr. 30, 1991 Aug. 1, 1991 Committee Notes on Rules2007 There can be a flurry of activity during the first days of a bankruptcy case. This activity frequently takes place prior to the formation of a creditors committee, and it also can include substantial amounts of materials for the court and parties in interest to review and evaluate. This rule is intended to alleviate some of the time pressures present at the start of a case so that full and close consideration can be given to matters that may have a fundamental impact on the case. The rule provides that the court cannot grant relief on applications for the employment of professional persons, motions for the use, sale, or lease of property of the estate other than such a motion under Rule 4001, and motions to assume or assign executory contracts and unexpired leases for the first 20 days of the case, unless granting relief is necessary to avoid immediate and irreparable harm. This standard is taken from Rule 4001(b)(2) and (c)(2), and decisions under those provisions should provide guidance for the application of this provision. This rule does not govern motions and applications made more than 20 days after the filing of the petition. Changes After Publication Committee Notes on Rules2009 Amendment The rule is amended to implement changes in connection with the amendment to Rule 9006(a) and the manner by which time is computed under the rules. The deadline in the rule is amended to substitute a deadline that is a multiple of seven days. Throughout the rules, deadlines are amended in the following manner:  5-day periods become 7-day periods  10-day periods become 14-day periods  15-day periods become 14-day periods  20-day periods become 21-day periods  25-day periods become 28-day periods Committee Notes on Rules2011 Amendment The rule is amended to clarify that it limits the timing of the entry of certain orders, but does not prevent the court from providing an effective date for such an order that may relate back to the time of the filing of the application or motion, or to some other date. For example, while the rule prohibits, absent immediate and irreparable harm, the court from authorizing the employment of counsel during the first 21 days of a case, it does not prevent the court from providing in an order entered after expiration of the 21-day period that the relief requested in the motion or application is effective as of a date earlier than the issuance of the order. Nor does it prohibit the filing of an application or motion for relief prior to expiration of the 21-day period. Nothing in the rule prevents a professional from representing the trustee or a debtor in possession pending the approval of an application for the approval of the employment under Rule 2014. The amendment also clarifies that the scope of the rule is limited to granting the specifically identified relief set out in the subdivisions of the rule. Deleting regarding from the rule clarifies that the rule does not prohibit the court from entering orders in the first 21 days of the case that may relate to the motions and applications set out in (a), (b), and (c); it is only prohibited from granting the relief requested by those motions or applications. For example, in the first 21 days of the case, the court could grant the relief requested in a motion to establish bidding procedures for the sale of property of the estate, but it could not, absent immediate and irreparable harm, grant a motion to approve the sale of property. Changes Made After Publication 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  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 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 (2)  Execution of Instruments (g) Sale of Personally Identifiable Information. (1)  Motion (2)  Appointment (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 Aug. 1, 1987 Apr. 30, 1991 Aug. 1, 1991 Apr. 26, 1999 Dec. 1, 1999 Apr. 23, 2008 Dec. 1, 2008 Mar. 26, 2009 Dec. 1, 2009  Notes of Advisory Committee on Rules1983 Subdivisions (a) and (b) The Code does not provide the time within which parties may file objections to a proposed sale. Subdivision (b) of the rule requires the objection to be in writing and filed not less than five days before the proposed action is to take place. The objection should also be served within that time on the person who is proposing to take the action which would be either the trustee or debtor in possession. This time period is subject to change by the court. In some instances there is a need to conduct a sale in a short period of time and the court is given discretion to tailor the requirements to the circumstances. Subdivision (c) Subdivision (d) Subdivision (e) The duty imposed by paragraph (2) does not affect the power of the bankruptcy court to order third persons to execute instruments transferring property purchased at a sale under this subdivision. See, e.g., In re Rosenberg Notes of Advisory Committee on Rules1987 Amendment Subdivision (a) Subdivision (b) Subdivision (c) Notes of Advisory Committee on Rules1991 Amendment This rule is amended to provide notice to the United States trustee of a proposed use, sale or lease of property not in the ordinary course of business. See Rule 2002(k). Subdivision (f)(1) is amended to enable the United States trustee to monitor the progress of the case in accordance with 28 U.S.C.  586(a)(3)(G). The words with the clerk in subdivision (f)(1) are deleted as unnecessary. See Rules 5005(a) and 9001(3). Committee Notes on Rules1999 Amendment Subdivision (g) Rule 6004(g) does not apply to orders regarding the use of cash collateral and does not affect the trustees right to use, sell, or lease property without a court order to the extent permitted under  363 of the Code. The court may, in its discretion, order that Rule 6004(g) is not applicable so that the property may be used, sold, or leased immediately in accordance with the order entered by the court. Alternatively, the court may order that the stay under Rule 6004(g) is for a fixed period less than 10 days. GAP Report on Rule 6004 Committee Notes on Rules2008 Amendment The rule is amended by inserting a new subdivision (g) to implement  332 and 363(b)(1)(B) of the Code, added by the 2005 amendments. This rule governs the proposed transfer of personally identifiable information in a manner inconsistent with any policy covering the transfer of the information. Rule 2002(c)(1) requires the seller to state in the notice of the sale or lease whether the transfer is consistent with and policy governing the transfer of the information. Under  332 of the Code, the consumer privacy ombudsman must be appointed at least five days prior to the hearing on a sale or lease of personally identifiable information. In an appropriate case, the consumer privacy ombudsman may seek a continuance of the hearing on the proposed sale to perform the tasks required of the ombudsman by  332 of the Code. Former subdivision (g) is redesignated as subdivision (h). Changes Made After Publication Committee Notes on Rules2009 Amendment The rule is amended to implement changes in connection with the amendment to Rule 9006(a) and the manner by which time is computed under the rules. The deadlines in the rule are amended to substitute a deadline that is a multiple of seven days. Throughout the rules, deadlines are amended in the following manner:  5-day periods become 7-day periods  10-day periods become 14-day periods  15-day periods become 14-day periods  20-day periods become 21-day periods  25-day periods become 28-day periods 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 Aug. 1, 1991  Notes of Advisory Committee on Rules1983 This rule is derived from former Bankruptcy Rule 606(c) and implements  327 of the Code. Pursuant to  327, the trustee or debtor in possession may employ one or more appraisers or auctioneers, subject to court approval. This rule requires the court order approving such employment to fix the amount or rate of compensation. The second sentence of the former rule is retained to continue to safeguard against imputations of favoritism which detract from public confidence in bankruptcy administration. The final sentence is to guard against imposition of parochial requirements not warranted by any consideration having to do with sound bankruptcy administration. Reference should also be made to Rule 2013(a) regarding the limitation on employment of appraisers and auctioneers, and Rule 2014(a) regarding the application for appointment of an appraiser or auctioneer. 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 farmers debt adjustment case, or chapter 13 individuals 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  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 Aug. 1, 1987 Apr. 30, 1991 Aug. 1, 1991 Apr. 22, 1993 Aug. 1, 1993 Apr. 26, 1999 Dec. 1, 1999 Dec. 1, 2007 Mar. 26, 2009 Dec. 1, 2009  Notes of Advisory Committee on Rules1983 Section 365(a) of the Code requires court approval for the assumption or rejection of an executory contract by the trustee or debtor in possession. The trustee or debtor in possession may also assign an executory contract,  365(f)(1), but must first assume the contract,  365(f)(2). Rule 6006 provides a procedure for obtaining court approval. It does not apply to the automatic rejection of contracts which are not assumed in chapter 7 liquidation cases within 60 days after the order for relief, or to the assumption or rejection of contracts in a plan pursuant to  1123(b)(2) or  1322(b)(7). Subdivision (a) Subdivision (b) Subdivision (c) Notes of Advisory Committee on Rules1987 Amendment Subdivisions (a) and (b) Section 1113, governing collective bargaining agreements, was added to the Code in 1984. It sets out requirements that must be met before a collective bargaining agreement may be rejected. The application to reject a collective bargaining agreement referred to in  1113 shall be made by motion. The motion to reject creates a contested matter under Rule 9014, and service is made pursuant to Rule 7004 on the representative of the employees. The time periods set forth in  1113(d) govern the scheduling of the hearing and disposition of a motion to reject the agreement. Notes of Advisory Committee on Rules1991 Amendment References to time share interests are deleted as unnecessary. Time share interests are within the scope of this rule to the extent that they are governed by  365 of the Code. Subdivision (b) Subdivision (c) Notes of Advisory Committee on Rules1993 Amendment This rule is amended to delete the requirement for an actual hearing when no request for a hearing is made. See Rule 9014. Committee Notes on Rules1999 Amendment Subdivision (d) The court may, in its discretion, order that Rule 6006(d) is not applicable so that the executory contract or unexpired lease may be assigned immediately in accordance with the order entered by the court. Alternatively, the court may order that the stay under Rule 6006(d) is for a fixed period less than 10 days. GAP Report on Rule 6006 Committee Notes on Rules2007 Amendment The rule is amended to authorize the use of omnibus motions to reject multiple executory contracts and unexpired leases. In some cases there may be numerous executory contracts and unexpired leases, and this rule permits the combining of up to one hundred of these contracts and leases in a single motion to initiate the contested matter. The rule also is amended to authorize the use of a single motion to assume or assign executory contracts and unexpired leases (i) when such contracts and leases are with a single nondebtor party, (ii) when such contracts and leases are being assigned to the same assignee, (iii) when the trustee proposes to assume, but not assign to more than one assignee, real property leases, or (iv) the court authorizes the filing of a joint motion to assume or to assume and assign executory contracts and unexpired leases under other circumstances that are not specifically recognized in the rule. An omnibus motion to assume, assign, or reject multiple executory contracts and unexpired leases must comply with the procedural requirements set forth in subdivision (f) of the rule, unless the court orders otherwise. These requirements are intended to ensure that the nondebtor parties to the contracts and leases receive effective notice of the motion. Among those requirements is the requirement in subdivision (f)(5) that these motions be consecutively numbered ( e.g., Subdivision (g) of the rule provides that 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. A party seeking to appeal any such order is neither required, nor permitted, to await the courts resolution of all other contracts or leases included in the omnibus motion to obtain appellate review of the order. The rule permits the listing of multiple contracts or leases for convenience, and that convenience should not impede timely review of the courts decision with respect to each contract or lease. Changes After Publication Committee Notes on Rules2009 Amendment The rule is amended to implement changes in connection with the amendment to Rule 9006(a) and the manner by which time is computed under the rules. The deadline in the rule is amended to substitute a deadline that is a multiple of seven days. Throughout the rules, deadlines are amended in the following manner:  5-day periods become 7-day periods  10-day periods become 14-day periods  15-day periods become 14-day periods  20-day periods become 21-day periods  25-day periods become 28-day periods 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  705 or appointed pursuant to  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. Unless otherwise directed by the court, the party filing the motion shall serve the motion and any notice of the motion on the trustee or debtor in possession, the United States trustee, all creditors, indenture trustees, and committees elected pursuant to  705 or appointed pursuant to  1102 of the Code. A party in interest may file and serve an objection within 14 days of service, 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. If the court grants the motion, the order effects the trustees or debtor in possessions abandonment without further notice, unless otherwise directed by the court. [(c)  Hearing (Abrogated Apr. 22, 1993 Aug. 1, 1993 (As amended Mar. 30, 1987 Aug. 1, 1987 Apr. 30, 1991 Aug. 1, 1991 Apr. 22, 1993 Aug. 1, 1993 Mar. 26, 2009 Dec. 1, 2009 Apr. 25, 2019 Dec. 1, 2019  Notes of Advisory Committee on Rules1983 Sections 554 and 725 of the Code permit and require abandonment and disposition of property of the estate. Pursuant to  554, the trustee may abandon property but only after notice and hearing. This section is applicable in chapter 7, 11 and 13 cases. Section 725 requires the trustee to dispose of property in which someone other than the estate has an interest, prior to final distribution. It applies only in chapter 7 cases. Notice and hearing are also required conditions. Section 102(1) provides that notice and hearing is construed to mean appropriate notice and an opportunity for a hearing. Neither  554 nor  725 specify to whom the notices are to be sent. This rule does not apply to  554(c). Pursuant to that subsection, property is deemed abandoned if it is not administered. A hearing is not required by the statute. Subdivision (a) Subdivision (b) Subdivision (c) Notes of Advisory Committee on Rules1991 Amendment This rule is amended to conform to the 1986 amendments to 28 U.S.C.  586(a) and to the Code. The United States trustee monitors the progress of the case and has standing to raise, appear and be heard on the issues relating to the abandonment or other disposition of property. See  307 and 554 of the Code. Committees of retired employees appointed under  1114 are not entitled to notice under subdivision (a) of this rule. Notes of Advisory Committee on Rules1993 Amendment This rule is amended to clarify that when a motion is made pursuant to subdivision (b), a hearing is not required if a hearing is not requested or if there is no opposition to the motion. See Rule 9014. Other amendments are stylistic and make no substantive change. Committee Notes on Rules2009 Amendment The rule is amended to implement changes in connection with the amendment to Rule 9006(a) and the manner by which time is computed under the rules. The deadline in the rule is amended to substitute a deadline that is a multiple of seven days. Throughout the rules, deadlines are amended in the following manner:  5-day periods become 7-day periods  10-day periods become 14-day periods  15-day periods become 14-day periods  20-day periods become 21-day periods  25-day periods become 28-day periods Committee Notes on Rules2019 Amendment Subdivision (b) of the rule is amended to specify the parties to be served with the motion and any notice of the motion. The rule also establishes an objection deadline. Both of these changes align subdivision (b) more closely with the procedures set forth in subdivision (a). In addition, the rule clarifies that no further action is necessary to notice or effect the abandonment of property ordered by the court in connection with a motion filed under subdivision (b), unless the court directs otherwise. 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.  Notes of Advisory Committee on Rules1983 This rule is derived from former Bankruptcy Rule 609. No provision in the Code addresses the trustees right of redemption. Ordinarily the secured creditor should be given notice of the trustees motion so that any objection may be raised to the proposed redemption. The rule applies also to a debtor exercising a right of redemption pursuant to  722. A proceeding under that section is governed by Rule 9014. 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.  Notes of Advisory Committee on Rules1983 This rule is derived from former Bankruptcy Rule 610. Rule 6010. Proceeding to Avoid Indemnifying Lien or Transfer to Surety  If a lien voidable under  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 Aug. 1, 1991  Notes of Advisory Committee on Rules1983 This rule is derived from former Bankruptcy Rule 612. Notes of Advisory Committee on Rules1991 Amendment This rule is amended to conform to  550(a) of the Code which provides that the trustee may recover the property transferred in a voidable transfer. The value of the property may be recovered in lieu of the property itself only if the court so orders. Rule 6011. Disposal of Patient Records in Health Care Business Case (a)  Notice by Publication Under 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 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 patients 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 patients 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. (Added Apr. 23, 2008 Dec. 1, 2008  Committee Notes on Rules2008 This rule is new. It implements  351(1), which was added to the Code by the 2005 amendments. That provision requires the trustee to notify patients that their patient records will be destroyed if they remain unclaimed for one year after the publication of a notice in an appropriate newspaper. The Code provision also requires that individualized notice be sent to each patient and to the patients family member or other contact person. The variety of health care businesses and the range of current and former patients present the need for flexibility in the creation and publication of the notices that will be given. Nevertheless, there are some matters that must be included in any notice being given to patients, their family members, and contact persons to ensure that sufficient information is provided to these persons regarding the trustees intent to dispose of patient records. Subdivision (a) of this rule lists the minimum requirements for notices given under  351(1)(A), and subdivision (b) governs the form of notices under  351(1)(B). Notices given under this rule are subject to provisions under applicable federal and state law that relate to the protection of patients privacy, such as the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104191 (HIPAA). Subdivision (c) directs the trustee to maintain proof of compliance with  351(1)(B), but because the proof of compliance may contain patient names that should or must remain confidential, it prohibits filing the proof of compliance unless the court orders the trustee to file it under seal. Subdivision (d) requires the trustee to file a report with the court regarding the destruction of patient records. This certification is intended to ensure that the trustee properly completed the destruction process. However, because the report will be filed with the court and ordinarily will be available to the public under  107, the names, addresses, and other identifying information of patients are not to be included in the report to protect patient privacy. Changes Made After Publication 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  554(b) or  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, but not a proceeding under Rule 3012 or Rule 4003(d); (3) a proceeding to obtain approval under  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, other than an objection to discharge under  727(a)(8), 1 1 (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.  1452. (As amended Mar. 30, 1987 Aug. 1, 1987 Apr. 30, 1991 Aug. 1, 1991 Apr. 26, 1999 Dec. 1, 1999 Apr. 28, 2010 Dec. 1, 2010 Apr. 27, 2017 Dec. 1, 2017  Notes of Advisory Committee on Rules1983 The rules in Part VII govern the procedural aspects of litigation involving the matters referred to in this Rule 7001. Under Rule 9014 some of the Part VII rules also apply to contested matters. These Part VII rules are based on the premise that to the extent possible practice before the bankruptcy courts and the district courts should be the same. These rules either incorporate or are adaptations of most of the Federal Rules of Civil Procedure. Although the Part VII rules of the former Bankruptcy Rules also relied heavily on the F.R.Civ.P., the former Part VII rules departed from the civil practice in two significant ways: a trial or pretrial conference had to be scheduled as soon as the adversary proceeding was filed and pleadings had to be filed within periods shorter than those established by the F.R.Civ.P. These departures from the civil practice have been eliminated. The content and numbering of these Part VII rules correlates to the content and numbering of the F.R.Civ.P. Most, but not all, of the F.R.Civ.P. have a comparable Part VII rule. When there is no Part VII rule with a number corresponding to a particular F.R.Civ.P., Parts V and IX of these rules must be consulted to determine if one of the rules in those parts deals with the subject. The list below indicates the F.R.Civ.P., or subdivision thereof, covered by a rule in either Part V or Part IX.     F.R.Civ.P. Rule in Part V or IX  6 9006 7(b) 9013 10(a) 9004(b) 11 9011 38,39 9015(a)(e) 4751 9015(f) 43,44,44.1 9017 45 9016 58 9021 59 9023 60 9024 61 9005 63 9028 77(a),(b),(c) 5001 77(d) 9022(d) 79(a)(d) 5003 81(c) 9027 83 9029 92 9030 Proceedings to which the rules in Part VII apply directly include those brought to avoid transfers by the debtor under  544, 545, 547, 548 and 549 of the Code; subject to important exceptions, proceedings to recover money or property; proceedings on bonds under Rules 5008(d) and 9025; proceedings under Rule 4004 to determine whether a discharge in a chapter 7 or 11 case should be denied because of an objection grounded on  727 and proceedings in a chapter 7 or 13 case to revoke a discharge as provided in  727(d) or 1328(e); and proceedings initiated pursuant to  523(c) of the Code to determine the dischargeability of a particular debt. Those proceedings were classified as adversary proceedings under former Bankruptcy Rule 701. Also included as adversary proceedings are proceedings to revoke an order of confirmation of a plan in a chapter 11 or 13 case as provided in  1144 and 1330, to subordinate under  510(c), other than as part of a plan, an allowed claim or interest, and to sell under  363(h) both the interest of the estate and a co-owner in property. Declaratory judgments with respect to the subject matter of the various adversary proceedings are also adversary proceedings. Any claim or cause of action removed to a bankruptcy court pursuant to 28 U.S.C.  1478 is also an adversary proceeding. Unlike former Bankruptcy Rule 701, requests for relief from an automatic stay do not commence an adversary proceeding. Section 362(e) of the Code and Rule 4001 establish an expedited schedule for judicial disposition of requests for relief from the automatic stay. The formalities of the adversary proceeding process and the time for serving pleadings are not well suited to the expedited schedule. The motion practice prescribed in Rule 4001 is best suited to such requests because the court has the flexibility to fix hearing dates and other deadlines appropriate to the particular situation. Clause (1) contains important exceptions. A person with an interest in property in the possession of the trustee or debtor in possession may seek to recover or reclaim that property under  554(b) or  725 of the Code. Since many attempts to recover or reclaim property under these two sections do not generate disputes, application of the formalities of the Part VII Rules is not appropriate. Also excluded from adversary proceedings is litigation arising from an examination under Rule 2017 of a debtors payments of money or transfers of property to an attorney representing the debtor in a case under the Code or an examination of a superseded administration under Rule 6002. Exemptions and objections thereto are governed by Rule 4003. Filing of proofs of claim and the allowances thereof are governed by Rules 30013005, and objections to claims are governed by Rule 3007. When an objection to a claim is joined with a demand for relief of the kind specified in this Rule 7001, the matter becomes an adversary proceeding. See Rule 3007. Notes of Advisory Committee on Rules1987 Amendment Another exception is added to clause (1). A trustee may proceed by motion to recover property from the debtor. Notes of Advisory Committee on Rules1991 Amendment Clauses (5) and (8) are amended to include chapter 12 plans. Committee Notes on Rules1999 Amendment This rule is amended to recognize that an adversary proceeding is not necessary to obtain injunctive or other equitable relief that is provided for in a plan under circumstances in which substantive law permits the relief. Other amendments are stylistic. GAP Report on Rule 7001 Committee Notes on Rules2010 Amendment Paragraph (4) of the rule is amended to create an exception for objections to discharge under  727(a)(8), (a)(9), and 1328(f) of the Code. Because objections to discharge on these grounds typically present issues more easily resolved than other objections to discharge, the more formal procedures applicable to adversary proceedings, such as commencement by a complaint, are not required. Instead, objections on these three grounds are governed by Rule 4004(d). In an appropriate case, however, Rule 9014(c) allows the court to order that additional provisions of Part VII of the rules apply to these matters. Changes Made After Publication Committee Notes on Rules2017 Amendment Subdivision (2) is amended to provide that the determination of the amount of a secured claim under Rule 3012, like a proceeding by the debtor to avoid a lien on or other transfer of exempt property under Rule 4003(d), does not require an adversary proceeding. The determination of the amount of a secured claim may be sought by motion or through a chapter 12 or chapter 13 plan in accordance with Rule 3012. An adversary proceeding continues to be required for lien avoidance not governed by Rule 4003(d). 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.  Notes of Advisory Committee on Rules1983 Rules 5, 12, 13, 14, 25, 27, 30, 41 and 52 F.R.Civ.P. are made applicable to adversary proceedings by Part VII. Each of those rules contains a cross reference to another Federal Rule; however, the Part VII rule which incorporates the cross-referenced Federal Rule modifies the Federal Rule in some way. Under this Rule 7002 the cross reference is to the Federal Rule as modified by Part VII. For example, Rule 5 F.R.Civ.P., which is made applicable to adversary proceedings by Rule 7005, contains a reference to Rule 4 F.R.Civ.P. Under this Rule 7002, the cross reference is to Rule 4 F.R.Civ.P. as modified by Rule 7004. Rules 7, 10, 12, 13, 14, 19, 22, 23.2, 2437, 41, 45, 49, 50, 52, 55, 59, 60, 62 F.R.Civ.P. are made applicable to adversary proceedings by Part VII or generally to cases under the Code by Part IX. Each of those Federal Rules contains a cross reference to another Federal Rule which is not modified by the Part VII or Part IX rule which makes the cross-referenced Federal Rule applicable. Since the cross-referenced rule is not modified by a Part VII rule this Rule 7002 does not apply.  References in Text The Federal Rules of Civil Procedure, referred to in text, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. Rule 7003. Commencement of Adversary Proceeding  Rule 3 F.R.Civ.P. applies in adversary proceedings.  Notes of Advisory Committee on Rules1983 Rule 5005(a) requires that a complaint commencing an adversary proceeding be filed with the court in which the case under the Code is pending unless 28 U.S.C.  1473 authorizes the filing of the complaint in another district.  References in Text The Federal Rules of Civil Procedure, referred to in text, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. 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)(5), (e)(j), ( l (2) The clerk may sign, seal, and issue a summons electronically by putting an s/ before the clerks name and including the courts 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 individuals 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 persons 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 agents 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 partys 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 7 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 7 days after the summons is issued. If a summons is not timely delivered or mailed, another summons will be issued for service. 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 Debtors 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 debtors 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. (i)  Service of Process by Title This subdivision (i) applies to service on a domestic or foreign corporation or partnership or other unincorporated association under Rule 7004(b)(3) or on an officer of an insured depository institution under Rule 7004(h). The defendants officer or agent need not be correctly named in the addressor even be namedif the envelope is addressed to the defendants proper address and directed to the attention of the officers or agents position or title. (As amended Mar. 30, 1987 Aug. 1, 1987 Apr. 30, 1991 Aug. 1, 1991 Pub. L. 103394, title I,  114 Oct. 22, 1994 108 Stat. 4118 Apr. 23, 1996 Dec. 1, 1996 Apr. 26, 1999 Dec. 1, 1999 Apr. 25, 2005 Dec. 1, 2005 Apr. 12, 2006 Dec. 1, 2006 Mar. 26, 2009 Dec. 1, 2009 Apr. 25, 2014 Dec. 1, 2014 Apr. 26, 2018 Dec. 1, 2018 Apr. 11, 2022 Dec. 1, 2022  Notes of Advisory Committee on Rules1983 Subdivision (a) Subdivision (b) Subdivision (c) Subdivision (d) Subdivision (e) Subdivision (f) Notes of Advisory Committee on Rules1987 Amendment Subdivision (a) Technical amendments are made to subdivisions (a), (b), (e), and (f) to conform to recent amendments to Rule 4 F.R.Civ.P. Notes of Advisory Committee on Rules1991 Amendment The United States trustee may serve as trustee in a case pursuant to 28 U.S.C.  586(a)(2) and  701(a)(2), 1202(a), and 1302(a) of the Code. This rule is amended to avoid the necessity of mailing copies of a summons and complaint or other pleadings to the Attorney General and to the United States attorney when service on the United States trustee is required only because the United States trustee is acting as a case trustee. For example, a proceeding commenced by a creditor to dismiss a case for unreasonable delay under  707(a) is governed by Rule 9014 which requires service on the trustee pursuant to the requirements of Rule 7004 for the service of a summons and complaint. The Attorney General and the United States attorney would have no interest in receiving a copy of the motion to dismiss. Mailing to the office of the United States trustee when acting as the case trustee is sufficient in such cases. The words with the court in subdivision (b)(9) are deleted as unnecessary. See Rules 5005(a) and 9001(3). The new paragraph (10) of subdivision (b) does not affect requirements for service of process on the United States trustee when sued or otherwise a party to a litigation unrelated to its capacity as a trustee. If a proceeding is commenced against the United States trustee which is unrelated to the United States trustees role as trustee, the requirements of paragraph (5) of subdivision (b) of this rule would apply. Subdivision (g) January 1, 1990 Rule 4 F.R.Civ.P. Process (a) Summons: Issuance (b) Same: Form (c) Service. (1) [Not applicable.] (2)(A) [Not applicable.] (B) [Not applicable.] (C) A summons and complaint may be served upon a defendant of any class referred to in paragraph (1) or (3) of subdivision (d) of this rule (i) pursuant to the law of the State in which the district court is held for the service of summons or other like process upon such defendant in an action brought in the courts of general jurisdiction of that State, or (ii) [Not applicable.] (D) [Not applicable.] (E) [Not applicable.] (3) [Not applicable.] (d) Summons and Complaint: Person To Be Served (1) Upon an individual other than an infant or an incompetent person, by delivering a copy of the summons and of the complaint to the individual personally or by leaving copies thereof at the individuals dwelling house or usual place of abode with some person of suitable age and discretion then residing therein or by delivering a copy of the summons and of the complaint to an agent authorized by appointment or by law to receive service of process. (2) Upon an infant or an incompetent person, by serving the summons and complaint in the manner prescribed by the law of the state in which the service is made for the service of summons or other like process upon any such defendant in an action brought in the courts of general jurisdiction of that state. (3) Upon a domestic or foreign corporation or upon a partnership or other unincorporated association which is subject to suit under a common name, by delivering a copy of the summons and of the complaint to 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 delivering a copy of the summons and of the complaint to the United States attorney for the district in which the action is brought or to an assistant United States attorney or clerical employee designated by the United States attorney in a writing filed with the clerk of the court and by sending a copy of the summons and of the complaint by registered or certified mail 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 agency of the United States not made a party, by also sending a copy of the summons and of the complaint by registered or certified mail to such officer or agency. (5) Upon an officer or agency of the United States, by serving the United States and by sending a copy of the summons and of the complaint by registered or certified mail to such officer or agency. If the agency is a corporation the copy shall be delivered as provided in paragraph (3) of this subdivision of this rule. (6) Upon a state or municipal corporation or other governmental organization thereof subject to suit, by delivering a copy of the summons and of the complaint to the chief executive officer thereof or by serving the summons and complaint in the manner prescribed by the law of that state for the service of summons or other like process upon any such defendant. (e) Summons: Service Upon Party Not Inhabitant of or Found Within State (f) [Not applicable.] (g) Return (h) Amendment (i) Alternative Provisions for Service in a Foreign Country. (1) Manner (2) Return (j) Summons: Time Limit for Service Notes of Advisory Committee on Rules1996 Amendment The purpose of these amendments is to conform the rule to the 1993 revisions of Rule 4 F.R.Civ.P. and to make stylistic improvements. Rule 7004, as amended, continues to provide for service by first class mail as an alternative to the methods of personal service provided in Rule 4 F.R.Civ.P., except as provided in the new subdivision (h). Rule 4(d)(2) F.R.Civ.P. provides a procedure by which the plaintiff may request by first class mail that the defendant waive service of the summons. This procedure is not applicable in adversary proceedings because it is not necessary in view of the availability of service by mail pursuant to Rule 7004(b). However, if a written waiver of service of a summons is made in an adversary proceeding, Rule 4(d)(1) F.R.Civ.P. applies so that the defendant does not thereby waive any objection to the venue or the jurisdiction of the court over the person of the defendant. Subdivisions (b)(4) and (b)(5) Subdivision (e) The new subdivision (f) is consistent with the 1993 amendments to F.R.Civ.P. 4(k)(2). It clarifies that service or filing a waiver of service in accordance with this rule or the applicable subdivisions of F.R.Civ.P. 4 is sufficient to establish personal jurisdiction over the defendant. See the committee note to the 1993 amendments to Rule 4 F.R.Civ.P. Subdivision (g) Subdivision (h) 108 Stat. 4106 GAP Report on Rule 7004 Committee Notes on Rules1999 Amendment Subdivision (e) GAP Report on Rule 7004 Committee Notes on Rules2005 Amendment This amendment specifically authorizes the clerk to issue a summons electronically. In some bankruptcy cases the trustee or debtor in possession may commence hundreds of adversary proceedings simultaneously, and permitting the electronic signing and sealing of the summonses for those proceedings increases the efficiency of the clerks office without any negative impact on any party. The rule only authorizes electronic issuance of the summons. It does not address the service requirements for the summons. Those requirements are set out elsewhere in Rule 7004, and nothing in Rule 7004(a)(2) should be construed as authorizing electronic service of a summons. Changes Made After Publication and Comment Committee Notes on Rules2006 Amendment Under current Rule 7004, an entity may serve a summons and complaint upon the debtor by personal service or by mail. If the entity chooses to serve the debtor by mail, it must also serve a copy of the summons and complaint on the debtors attorney by mail. If the entity effects personal service on the debtor, there is no requirement that the debtors attorney also be served. Subdivision (b)(9). Subdivision (g). Changes Made After Publication. Committee Notes on Rules2009 Amendment The rule is amended to implement changes in connection with the amendment to Rule 9006(a) and the manner by which time is computed under the rules. The deadlines in the rule are amended to substitute a deadline that is a multiple of seven days. Throughout the rules, deadlines are amended in the following manner:  5-day periods become 7-day periods  10-day periods become 14-day periods  15-day periods become 14-day periods  20-day periods become 21-day periods  25-day periods become 28-day periods Committee Notes on Rules2014 Amendment Subdivision (e) is amended to alter the period of time during which service of the summons and complaint must be made. The amendment reduces that period from fourteen days to seven days after issuance of the summons. Because Rule 7012 provides that the defendants time to answer the complaint is calculated from the date the summons is issued, a lengthy delay between issuance and service of the summons may unduly shorten the defendants time to respond. The amendment is therefore intended to encourage prompt service after issuance of a summons. If service of the summons within any seven-day period is impracticable, a court retains the discretion to enlarge that period of time under Rule 9006(b). Changes Made After Publication and Comment Committee Notes on Rules2018 Amendment In 1996, Rule 7004(a) was amended to incorporate by reference F.R.Civ.P. 4(d)(1). Civil Rule 4(d)(1) addresses the effect of a defendants waiver of service. In 2007, Civil Rule 4 was amended, and the language of old Civil Rule 4(d)(1) was modified and renumbered as Civil Rule 4(d)(5). Accordingly, Rule 7004(a) is amended to update the cross-reference to Civil Rule 4. Committee Notes on Rules2022 Amendment New Rule 7004(i) is intended to reject those cases interpreting Rule 7004(b)(3) and Rule 7004(h) to require service on a named officer, managing or general agent or other agent, rather than use of their titles. Service to a corporation or partnership, unincorporated association or insured depository institution at its proper address directed to the attention of the Chief Executive Officer, President, Officer for Receiving Service of Process, Managing Agent, General Agent, Officer, or Agent for Receiving Service of Process (or other similar titles) is sufficient.  References in Text The Federal Rules of Civil Procedure, referred to in text, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. Section 3 of the Federal Deposit Insurance Act, referred to in subd. (h), is classified to section 1813 of Title 12 Amendment by Public Law 1994Subd. (b). Pub. L. 103394,  114(1) Subd. (h). Pub. L. 103394,  114(2) Effective Date of 1994 Amendment Amendment by Pub. L. 103394 Oct. 22, 1994 Oct. 22, 1994 section 702 of Pub. L. 103394 section 101 of this title Rule 7005. Service and Filing of Pleadings and Other Papers  Rule 5 F.R.Civ.P. applies in adversary proceedings.  Notes of Advisory Committee on Rules1983 Rule 5 F.R.Civ.P. refers to Rule 4 F.R.Civ.P. Pursuant to Rule 7002 this reference is to Rule 4 F.R.Civ.P. as incorporated and modified by Rule 7004.  References in Text The Federal Rules of Civil Procedure, referred to in text, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. Rule 7007. Pleadings Allowed  Rule 7 F.R.Civ.P. applies in adversary proceedings.   References in Text The Federal Rules of Civil Procedure, referred to in text, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. Rule 7007.1. Corporate Ownership Statement (a)  Required Disclosure Any nongovernmental corporation that is a party to an adversary proceeding, other than the debtor, shall file a statement that identifies any parent corporation and any publicly held corporation that owns 10% or more of its stock or states that there is no such corporation. The same requirement applies to a nongovernmental corporation that seeks to intervene. (b)  Time for Filing; Supplemental Filing The corporate ownership statement shall: (1) be filed with the corporations first appearance, pleading, motion, response, or other request addressed to the court; and (2) be supplemented whenever the information required by this rule changes. (Added Mar. 27, 2003 Dec. 1, 2003 Apr. 30, 2007 Dec. 1, 2007 Apr. 14, 2021 Dec. 1, 2021  Committee Notes on Rules2003 This rule is derived from Rule 26.1 of the Federal Rules of Appellate Procedure. The information that parties shall supply will support properly informed disqualification decisions in situations that call for automatic disqualification under Canon 3C(1)(c) of the Code of Conduct for United States Judges. This rule does not cover all of the circumstances that may call for disqualification under the subjective financial interest standard of Canon 3C, and does not deal at all with other circumstances that may call for disqualification. Nevertheless, the required disclosures are calculated to reach the majority of circumstances that are likely to call for disqualification under Canon 3C(1)(c). The rule directs nongovernmental corporate parties to list those corporations that hold significant ownership interests in them. This includes listing membership interests in limited liability companies and similar entities that fall under the definition of a corporation in Bankruptcy Code  101. Under subdivision (b), parties must file the statement with the first document that they file in any adversary proceeding. The rule also requires parties and other persons to file supplemental statements promptly whenever changed circumstances require disclosure of new or additional information. The rule does not prohibit the adoption of local rules requiring disclosures beyond those called for in Rule 7007.1. Changes Made After Publication and Comments Committee Notes on Rules2007 Amendment The rule is amended to clarify that a party must file a corporate ownership statement with its initial paper filed with the court in an adversary proceeding. The partys initial filing may be a document that is not a pleading as defined in Rule 7 F. R. Civ. P., which is made applicable in adversary proceedings by Rule 7007. The amendment also brings Rule 7007.1 more closely in line with Rule 7.1 F. R. Civ. P. Changes After Publication Committee Notes on Rules2021 Amendment The rule is amended to conform to recent amendments to Fed. R. Bankr. P. 8012 and Fed. R. App. P. 26.1, and the anticipated amendment to Fed. R. Civ. P. 7.1. Subdivision (a) is amended to encompass nongovernmental corporations that seek to intervene. Stylistic changes are made to subdivision (b) to reflect that some statements will be filed by nonparties seeking to intervene. Rule 7008. General Rules of Pleading  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 court, the complaint, counterclaim, cross-claim, or third-party complaint shall contain a statement that the pleader does or does not consent to entry of final orders or judgment by the bankruptcy court. (As amended Mar. 30, 1987 Aug. 1, 1987 Apr. 25, 2014 Dec. 1, 2014 Apr. 28, 2016 Dec. 1, 2016  Notes of Advisory Committee on Rules1987 Amendment Proceedings before a bankruptcy judge are either core or non-core. 28 U.S.C.  157. A bankruptcy judge may enter a final order or judgment in a core proceeding. In a non-core proceeding, absent consent of the parties, the bankruptcy judge may not enter a final order or judgment but may only submit proposed findings of fact and conclusions of law to the district judge who will enter the final order or judgment. 28 U.S.C.  157(c)(1). The amendment to subdivision (a) of this rule requires an allegation as to whether a proceeding is core or non-core. A party who alleges that the proceeding is non-core shall state whether the party does or does not consent to the entry of a final order or judgment by the bankruptcy judge. Failure to include the statement of consent does not constitute consent. Only express consent in the pleadings or otherwise is effective to authorize entry of a final order or judgment by the bankruptcy judge in a non-core proceeding. Amendments to Rule 7012 require that the defendant admit or deny the allegation as to whether the proceeding is core or non-core. Committee Notes on Rules2014 Amendment The rule is amended to delete subdivision (b), which required a request for attorneys fees always to be pleaded as a claim in an allowed pleading. That requirement, which differed from the practice under the Federal Rules of Civil Procedure, had the potential to serve as a trap for the unwary. The procedures for seeking an award of attorneys fees are now set out in Rule 7054(b)(2), which makes applicable most of the provisions of Rule 54(d)(2) F.R.Civ.P. As specified by Rule 54(d)(2)(A) and (B) F.R.Civ.P., a claim for attorneys fees must be made by a motion filed no later than 14 days after entry of the judgment unless the governing substantive law requires those fees to be proved at trial as an element of damages. When fees are an element of damages, such as when the terms of a contract provide for the recovery of fees incurred prior to the instant adversary proceeding, the general pleading requirements of this rule still apply. Changes Made After Publication and Comment Committee Notes on Rules2016 Amendment The rule is amended to remove the requirement that the pleader state whether the proceeding is core or non-core and to require in all proceedings that the pleader state whether the party does or does not consent to the entry of final orders or judgment by the bankruptcy court. Some proceedings that satisfy the statutory definition of core proceedings, 28 U.S.C.  157(b)(2), may remain beyond the constitutional power of a bankruptcy judge to adjudicate finally. The amended rule calls for the pleader to make a statement regarding consent, whether or not a proceeding is termed non-core. Rule 7012(b) has been amended to require a similar statement in a responsive pleading. The bankruptcy judge will then determine the appropriate course of proceedings under Rule 7016.  References in Text The Federal Rules of Civil Procedure, referred to in subd. (a), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. Rule 7009. Pleading Special Matters  Rule 9 F.R.Civ.P. applies in adversary proceedings.   References in Text The Federal Rules of Civil Procedure, referred to in text, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. 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 Aug. 1, 1991  Notes of Advisory Committee on Rules1991 Amendment Reference to the Official Form number is deleted in anticipation of future revision and renumbering of the Official Forms.  References in Text The Federal Rules of Civil Procedure, referred to in text, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. Rule 7012. Defenses and ObjectionsWhen and How PresentedBy Pleading or MotionMotion 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 courts 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 F.R.Civ.P Rule 12(b)(i) F.R.Civ.P. applies in adversary proceedings. A responsive pleading shall include a statement that the party does or does not consent to entry of final orders or judgment by the bankruptcy court. (As amended Mar. 30, 1987 Aug. 1, 1987 Apr. 23, 2008 Dec. 1, 2008 Mar. 26, 2009 Dec. 1, 2009 Apr. 28, 2016 Dec. 1, 2016  Notes of Advisory Committee on Rules1983 Subdivision (a) Rule 12(b)(7) and (h)(2) F.R.Civ.P. refers to Rule 19 F.R.Civ.P. Pursuant to Rule 7002 these references are to Rule 19 F.R.Civ.P. as incorporated and modified by Rule 7019. Notes of Advisory Committee on Rules1987 Amendment The amendment to subdivision (b) requires a response to the allegation that the proceeding is core or non-core. A final order of judgment may not be entered in a non-core proceeding heard by a bankruptcy judge unless all parties expressly consent. 28 U.S.C.  157(c). Committee Notes on Rules2008 Amendment The rule is amended to conform to the changes made to the Federal Rules of Civil Procedure through the restyling of those rules effective on December 1, 2007 Committee Notes on Rules2009 Amendment The rule is amended to implement changes in connection with the amendment to Rule 9006(a) and the manner by which time is computed under the rules. The deadlines in the rule are amended to substitute a deadline that is a multiple of seven days. Throughout the rules, deadlines are amended in the following manner:  5-day periods become 7-day periods  10-day periods become 14-day periods  15-day periods become 14-day periods  20-day periods become 21-day periods  25-day periods become 28-day periods Committee Notes on Rules2016 Amendment Subdivision (b) is amended to remove the requirement that the pleader state whether the proceeding is core or non-core and to require in all proceedings that the pleader state whether the party does or does not consent to the entry of final orders or judgment by the bankruptcy court. The amended rule also removes the provision requiring express consent before the entry of final orders and judgments in non-core proceedings. Some proceedings that satisfy the statutory definition of core proceedings, 28 U.S.C.  157(b)(2), may remain beyond the constitutional power of a bankruptcy judge to adjudicate finally. The amended rule calls for the pleader to make a statement regarding consent, whether or not a proceeding is termed non-core. This amendment complements the requirements of amended Rule 7008(a). The bankruptcy judges subsequent determination of the appropriate course of proceedings, including whether to enter final orders and judgments or to issue proposed findings of fact and conclusions of law, is a pretrial matter now provided for in amended Rule 7016.  References in Text The Federal Rules of Civil Procedure, referred to in subd. (b), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. 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 debtors 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 Aug. 1, 1987  Notes of Advisory Committee on Rules1983 Rule 13(h) F.R.Civ.P. refers to Rule 19 F.R.Civ.P. Pursuant to Rule 7002 this reference is to Rule 19 F.R.Civ.P. as incorporated and modified by Rule 7019.  References in Text The Federal Rules of Civil Procedure, referred to in text, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. Rule 7014. Third-Party Practice  Rule 14 F.R.Civ.P. applies in adversary proceedings.  Notes of Advisory Committee on Rules1983 This rule does not purport to deal with questions of jurisdiction. The scope of the jurisdictional grant under 28 U.S.C.  1471 and whether the doctrines of pendent or ancillary jurisdiction are applicable to adversary proceedings will be determined by the courts. Rule 14 F.R.Civ.P. refers to Rules 12 and 13 F.R.Civ.P. Pursuant to Rule 7002 those references are to Rules 12 and 13 as incorporated and modified by Rules 7012 and 7013.  References in Text The Federal Rules of Civil Procedure, referred to in text, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. Rule 7015. Amended and Supplemental Pleadings  Rule 15 F.R.Civ.P. applies in adversary proceedings.   References in Text The Federal Rules of Civil Procedure, referred to in text, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. Rule 7016. Pretrial Procedures (a)  Pretrial Conferences; Scheduling; Management Rule 16 F.R.Civ.P. applies in adversary proceedings. (b)  Determining Procedure The bankruptcy court shall decide, on its own motion or a partys timely motion, whether: (1) to hear and determine the proceeding; (2) to hear the proceeding and issue proposed findings of fact and conclusions of law; or (3) to take some other action. (As amended Apr. 28, 2016 Dec. 1, 2016  Committee Notes on Rules2016 Amendment This rule is amended to create a new subdivision (b) that provides for the bankruptcy court to enter final orders and judgment, issue proposed findings and conclusions, or take some other action in a proceeding. The rule leaves the decision as to the appropriate course of proceedings to the bankruptcy court. The courts decision will be informed by the parties statements, required under Rules 7008(a), 7012(b), and 9027(a) and (e), regarding consent to the entry of final orders and judgment. If the bankruptcy court chooses to issue proposed findings of fact and conclusions of law, Rule 9033 applies.  References in Text The Federal Rules of Civil Procedure, referred to in text, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. 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 Aug. 1, 1991  Notes of Advisory Committee on Rules1983 Rules 2010(d) and 5008(d), which implement  322 and 345 of the Code, authorize a party in interest to prosecute a claim on the bond of a trustee or depository in the name of the United States. Notes of Advisory Committee on Rules1991 Amendment Reference to Rule 5008(d) is deleted because of the abrogation of Rule 5008.  References in Text The Federal Rules of Civil Procedure, referred to in text, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. Rule 7018. Joinder of Claims and Remedies  Rule 18 F.R.Civ.P. applies in adversary proceedings.   References in Text The Federal Rules of Civil Procedure, referred to in text, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. 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.  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 Aug. 1, 1987  Notes of Advisory Committee on Rules1983 This rule addresses a situation different from that encountered by the district court when its jurisdiction is based on diversity of citizenship under 28 U.S.C.  1332. Joining of a party whose citizenship is the same as that of an adversary destroys the district courts jurisdiction over the entire civil action but under 28 U.S.C.  1471 the attempted joinder of such a person would not affect the bankruptcy courts jurisdiction over the original adversary proceeding. Notes of Advisory Committee on Rules1987 Amendment The rule is amended to delete the reference to retention of the adversary proceeding if venue is improper. See 28 U.S.C.  1412.  References in Text The Federal Rules of Civil Procedure, referred to in text, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. Rule 7020. Permissive Joinder of Parties  Rule 20 F.R.Civ.P. applies in adversary proceedings.   References in Text The Federal Rules of Civil Procedure, referred to in text, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. Rule 7021. Misjoinder and Non-Joinder of Parties  Rule 21 F.R.Civ.P. applies in adversary proceedings.   References in Text The Federal Rules of Civil Procedure, referred to in text, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. Rule 7022. Interpleader  Rule 22(a) F.R.Civ.P. applies in adversary proceedings. This rule supplementsand does not limitthe joinder of parties allowed by Rule 7020. (As amended Apr. 23, 2008 Dec. 1, 2008  Committee Notes on Rules2008 Amendment The rule is amended to conform to the changes made to the Federal Rules of Civil Procedure through the restyling of those rules effective on December 1, 2007  References in Text The Federal Rules of Civil Procedure, referred to in text, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. Rule 7023. Class Proceedings  Rule 23 F.R.Civ.P. applies in adversary proceedings.   References in Text The Federal Rules of Civil Procedure, referred to in text, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. Rule 7023.1. Derivative Actions  Rule 23.1 F.R.Civ.P. applies in adversary proceedings. (As amended Apr. 23, 2008 Dec. 1, 2008  Committee Notes on Rules2008 Amendment The rule is amended to conform to the changes made to the Federal Rules of Civil Procedure through the restyling of those rules effective on December 1, 2007  References in Text The Federal Rules of Civil Procedure, referred to in text, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. Rule 7023.2. Adversary Proceedings Relating to Unincorporated Associations  Rule 23.2 F.R.Civ.P. applies in adversary proceedings.   References in Text The Federal Rules of Civil Procedure, referred to in text, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. Rule 7024. Intervention  Rule 24 F.R.Civ.P. applies in adversary proceedings.  Notes of Advisory Committee on Rules1983 A person may seek to intervene in the case under the Code or in an adversary proceeding relating to the case under the Code. Intervention in a case under the Code is governed by Rule 2018 and intervention in an adversary proceeding is governed by this rule. Intervention in a case and intervention in an adversary proceeding must be sought separately.  References in Text The Federal Rules of Civil Procedure, referred to in text, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. Rule 7025. Substitution of Parties  Subject to the provisions of Rule 2012, Rule 25 F.R.Civ.P. applies in adversary proceedings.  Notes of Advisory Committee on Rules1983 Rule 25 F.R.Civ.P. refers to Rule 4 F.R.Civ.P. Pursuant to Rule 7002 that reference is to Rule 4 as incorporated and modified by Rule 7004.  References in Text The Federal Rules of Civil Procedure, referred to in text, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. Rule 7026. General Provisions Governing Discovery  Rule 26 F.R.Civ.P. applies in adversary proceedings.   References in Text The Federal Rules of Civil Procedure, referred to in text, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. Rule 7027. Depositions Before Adversary Proceedings or Pending Appeal  Rule 27 F.R.Civ.P. applies to adversary proceedings.  Notes of Advisory Committee on Rules1983 Rule 27(a)(2) F.R.Civ.P. refers to Rule 4 F.R.Civ.P. Pursuant to Rule 7002 the reference is to Rule 4 F.R.Civ.P. as incorporated and modified by Rule 7004.  References in Text The Federal Rules of Civil Procedure, referred to in text, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. Rule 7028. Persons Before Whom Depositions May Be Taken  Rule 28 F.R.Civ.P. applies in adversary proceedings.   References in Text The Federal Rules of Civil Procedure, referred to in text, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. Rule 7029. Stipulations Regarding Discovery Procedure  Rule 29 F.R.Civ.P. applies in adversary proceedings.   References in Text The Federal Rules of Civil Procedure, referred to in text, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. Rule 7030. Depositions Upon Oral Examination  Rule 30 F.R.Civ.P. applies in adversary proceedings.  Notes of Advisory Committee on Rules1983 Rule 30 F.R.Civ.P. refers to Rule 4 F.R.Civ.P. Pursuant to Rule 7002 that reference is a reference to Rule 4 F.R.Civ.P. as incorporated and modified by Rule 7004.  References in Text The Federal Rules of Civil Procedure, referred to in text, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. Rule 7031. Deposition Upon Written Questions  Rule 31 F.R.Civ.P. applies in adversary proceedings.   References in Text The Federal Rules of Civil Procedure, referred to in text, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. Rule 7032. Use of Depositions in Adversary Proceedings  Rule 32 F.R.Civ.P. applies in adversary proceedings.   References in Text The Federal Rules of Civil Procedure, referred to in text, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. Rule 7033. Interrogatories to Parties  Rule 33 F.R.Civ.P. applies in adversary proceedings.   References in Text The Federal Rules of Civil Procedure, referred to in text, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. 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.   References in Text The Federal Rules of Civil Procedure, referred to in text, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. Rule 7035. Physical and Mental Examination of Persons  Rule 35 F.R.Civ.P. applies in adversary proceedings.   References in Text The Federal Rules of Civil Procedure, referred to in text, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. Rule 7036. Requests for Admission  Rule 36 F.R.Civ.P. applies in adversary proceedings.   References in Text The Federal Rules of Civil Procedure, referred to in text, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. Rule 7037. Failure to Make Discovery: Sanctions  Rule 37 F.R.Civ.P. applies in adversary proceedings.   References in Text The Federal Rules of Civil Procedure, referred to in text, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. Rule 7040. Assignment of Cases for Trial  Rule 40 F.R.Civ.P. applies in adversary proceedings.   References in Text The Federal Rules of Civil Procedure, referred to in text, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. Rule 7041. Dismissal of Adversary Proceedings  Rule 41 F.R.Civ.P. applies in adversary proceedings, except that a complaint objecting to the debtors discharge shall not be dismissed at the plaintiffs 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 Aug. 1, 1991  Notes of Advisory Committee on Rules1983 Dismissal of a complaint objecting to a discharge raises special concerns because the plaintiff may have been induced to dismiss by an advantage given or promised by the debtor or someone acting in his interest. Some courts by local rule or order have required the debtor and his attorney or the plaintiff to file an affidavit that nothing has been promised to the plaintiff in consideration of the withdrawal of the objection. By specifically authorizing the court to impose conditions in the order of dismissal this rule permits the continuation of this salutary practice. Rule 41 F.R.Civ.P. refers to Rule 19 F.R.Civ.P. Pursuant to Rule 7002 that reference is to Rule 19 F.R.Civ.P. as incorporated and modified by Rule 7019. Notes of Advisory Committee on Rules1991 Amendment The United States trustee has standing to object to the debtors discharge pursuant to  727(c) and may have refrained from commencing an adversary proceeding objecting to discharge within the time limits provided in Rule 4004 only because another party commenced such a proceeding. The United States trustee may oppose dismissal of the original proceeding. The rule is also amended to clarify that the court may direct that other persons receive notice of a plaintiffs motion to dismiss a complaint objecting to discharge.  References in Text The Federal Rules of Civil Procedure, referred to in text, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. Rule 7042. Consolidation of Adversary Proceedings; Separate Trials  Rule 42 F.R.Civ.P. applies in adversary proceedings.   References in Text The Federal Rules of Civil Procedure, referred to in text, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. 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 Dec. 1, 2009  Notes of Advisory Committee on Rules1983 Rule 52(a) F.R.Civ.P. refers to Rule 12 F.R.Civ.P. Pursuant to Rule 7002 this reference is to Rule 12 F.R.Civ.P. as incorporated and modified by Rule 7012. Committee Notes on Rules2009 Amendment The rule is amended by limiting the time for filing post judgment motions for amended or additional findings. In 2009, Rule 52 F. R. Civ. P. was amended to extend the deadline for filing those post judgment motions to no later than 28 days after entry of the judgment. That deadline corresponds to the 30-day deadline for filing a notice of appeal in a civil case under Rule 4(a)(1)(A) F. R. App. P. In a bankruptcy case, the deadline for filing a notice of appeal is 14 days. Therefore, the 28-day deadline for filing a motion for amended or additional findings would effectively override the notice of appeal deadline under Rule 8002(a) but for this amendment. The rule is amended to clarify that the reference in Rule 52 F. R. Civ. P. to Rule 58 F. R. Civ. P. and its provisions is construed as a reference to the entry of a judgment or order under Rule 5003(a). Changes Made After Publication  References in Text The Federal Rules of Civil Procedure, referred to in text, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. Rule 7054. Judgments; Costs (a)  Judgments Rule 54(a)(c) F.R.Civ.P. applies in adversary proceedings. (b) Costs; Attorneys Fees. (1)  Costs Other Than Attorneys Fees (2)  Attorneys Fees. (A) Rule 54(d)(2)(A)(C) and (E) F.R.Civ.P. applies in adversary proceedings except for the reference in Rule 54(d)(2)(C) to Rule 78. (B) By local rule, the court may establish special procedures to resolve fee-related issues without extensive evidentiary hearings. (As amended Apr. 23, 2012 Dec. 1, 2012 Apr. 25, 2014 Dec. 1, 2014  Committee Notes on Rules2012 Amendment Subdivision (b) December 1, 2009  5-day periods became 7-day periods.  10-day periods became 14-day periods.  15-day periods became 14-day periods.  20-day periods became 21-day periods.  25-day periods became 28-day periods. Changes Made After Publication Committee Notes on Rules2014 Amendment Subdivision (b) is amended to prescribe the procedure for seeking an award of attorneys fees and related nontaxable expenses in adversary proceedings. It does so by adding new paragraph (2) that incorporates most of the provisions of Rule 54(d)(2) F.R.Civ.P. The title of subdivision (b) is amended to reflect the new content, and the previously existing provision governing costs is renumbered as paragraph (1) and re-titled. As provided in Rule 54(d)(2)(A), new subsection (b)(2) does not apply to fees recoverable as an element of damages, as when sought under the terms of a contract providing for the recovery of fees incurred prior to the instant adversary proceeding. Such fees typically are required to be claimed in a pleading. Rule 54(d)(2)(D) F.R.Civ.P. does not apply in adversary proceedings insofar as it authorizes the referral of fee matters to a master or a magistrate judge. The use of masters is not authorized in bankruptcy cases, see Rule 54(d)(2)(C) refers to Rule 78 F.R.Civ.P., which is not applicable in adversary proceedings. Accordingly, that reference is not incorporated by this rule. Changes Made After Publication and Comment  References in Text The Federal Rules of Civil Procedure, referred to in subd. (a), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. Rule 7055. Default  Rule 55 F.R.Civ.P. applies in adversary proceedings.   References in Text The Federal Rules of Civil Procedure, referred to in text, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. Rule 7056. Summary Judgment  Rule 56 F.R.Civ.P. applies in adversary proceedings, except that any motion for summary judgment must be made at least 30 days before the initial date set for an evidentiary hearing on any issue for which summary judgment is sought, unless a different time is set by local rule or the court orders otherwise. (As amended Apr. 23, 2012  Committee Notes on Rules2012 Amendment The only exception to complete adoption of Rule 56 F.R.Civ.P. involves the default deadline for filing a summary judgment motion. Rule 56(c)(1)(A) makes the default deadline 30 days after the close of all discovery. Because in bankruptcy cases hearings can occur shortly after the close of discovery, a default deadline based on the scheduled hearing date, rather than the close of discovery, is adopted. As with Rule 56(c)(1), the deadline can be altered either by local rule or court order. Changes Made After Publication  References in Text The Federal Rules of Civil Procedure, referred to in text, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. 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 Dec. 1, 2009  Committee Notes on Rules2009 This rule makes Rule 58 F.R.Civ.P. applicable in adversary proceedings and is added in connection with the amendments to Rule 9021. Changes Made After Publication  References in Text The Federal Rules of Civil Procedure, referred to in text, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. Rule 7062. Stay of Proceedings to Enforce a Judgment  Rule 62 F.R.Civ.P. applies in adversary proceedings, except that proceedings to enforce a judgment are stayed for 14 days after its entry. (As amended Apr. 30, 1991 Aug. 1, 1991 Apr. 26, 1999 Dec. 1, 1999 Apr. 26, 2018 Dec. 1, 2018  Notes of Advisory Committee on Rules1983 The additional exceptions set forth in this rule make applicable to those matters the consequences contained in Rule 62(c) and (d) with respect to orders in actions for injunctions. Notes of Advisory Committee on Rules1991 Amendment This rule is amended to include as additional exceptions to Rule 62(a) an order granting relief from the automatic stay of actions against codebtors provided by  1201 of the Code, the sale or lease of property of the estate under  363, and the assumption or assignment of an executory contract under  365. Committee Notes on Rules1999 Amendment The additional exceptions to Rule 62(a) consist of orders that are issued in contested matters. These exceptions are deleted from this rule because of the amendment to Rule 9014 that renders this rule inapplicable in contested matters unless the court orders otherwise. See also GAP Report on Rule 7062 Committee Notes on Rules2018 Amendment The rule is amended to retain a 14-day period for the automatic stay of a judgment. F.R.Civ.P. 62(a) now provides for a 30-day stay to accommodate the 28-day time periods under the Federal Rules of Civil Procedure for filing post-judgment motions and the 30-day period for filing a notice of appeal. Under the Bankruptcy Rules, however, those periods are limited to 14 days. See  References in Text The Federal Rules of Civil Procedure, referred to in text, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. Rule 7064. Seizure of Person or Property  Rule 64 F.R.Civ.P. applies in adversary proceedings.   References in Text The Federal Rules of Civil Procedure, referred to in text, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. 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).   References in Text The Federal Rules of Civil Procedure, referred to in text, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. Rule 7067. Deposit in Court  Rule 67 F.R.Civ.P. applies in adversary proceedings.   References in Text The Federal Rules of Civil Procedure, referred to in text, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. Rule 7068. Offer of Judgment  Rule 68 F.R.Civ.P. applies in adversary proceedings.   References in Text The Federal Rules of Civil Procedure, referred to in text, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. Rule 7069. Execution  Rule 69 F.R.Civ.P. applies in adversary proceedings.   References in Text The Federal Rules of Civil Procedure, referred to in text, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. 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 Aug. 1, 1987  Notes of Advisory Committee on Rules1987 Amendment The reference to court is used in the amendment because the district court may preside over an adversary proceeding.  References in Text The Federal Rules of Civil Procedure, referred to in text, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. Rule 7071. Process in Behalf of and Against Persons Not Parties  Rule 71 F.R.Civ.P. applies in adversary proceedings.   References in Text The Federal Rules of Civil Procedure, referred to in text, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. 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.  1412, except as provided in Rule 7019(2). (As amended Mar. 30, 1987 Aug. 1, 1987  Notes of Advisory Committee on Rules1987 Amendment The reference to the venue section of title 28 is amended to conform to the 1984 amendments to title 28. PART VIII APPEALS TO DISTRICT COURT OR BANKRUPTCY APPELLATE PANEL 1 1 Length Limits Stated in Part VIII of the Federal Rules of Bankruptcy Procedure For the length limits stated in this part, see the Appendix, set out following the Official Forms following Part X of these rules. Rule 8001. Scope of Part VIII Rules; Definition of BAP; Method of Transmission (a)  General Scope These Part VIII rules govern the procedure in a United States district court and a bankruptcy appellate panel on appeal from a judgment, order, or decree of a bankruptcy court. They also govern certain procedures on appeal to a United States court of appeals under 28 U.S.C.  158(d). (b) Definition of BAP. BAP means a bankruptcy appellate panel established by a circuits judicial council and authorized to hear appeals from a bankruptcy court under 28 U.S.C.  158. (c)  Method of Transmitting Documents A document must be sent electronically under these Part VIII rules, unless it is being sent by or to an individual who is not represented by counsel or the courts governing rules permit or require mailing or other means of delivery. (Added Apr. 25, 2014 Dec. 1, 2014  Prior Rule A prior Rule 8001, Apr. 25, 1983 Aug. 1, 1983 Mar. 30, 1987 Aug. 1, 1987 Apr. 30, 1991 Aug. 1, 1991 Apr. 11, 1997 Dec. 1, 1997 Apr. 23, 2008 Dec. 1, 2008 Mar. 26, 2009 Dec. 1, 2009 Apr. 25, 2014 Dec. 1, 2014 Committee Notes on Rules2014 These Part VIII rules apply to appeals under 28 U.S.C.  158(a) from bankruptcy courts to district courts and BAPs. The Federal Rules of Appellate Procedure generally govern bankruptcy appeals to courts of appeals. Eight of the Part VIII rules do, however, relate to appeals to courts of appeals. Rule 8004(e) provides that the authorization by a court of appeals of a direct appeal of a bankruptcy courts interlocutory order or decree constitutes a grant of leave to appeal. Rule 8006 governs the procedure for certification under 28 U.S.C.  158(d)(2) of a direct appeal from a judgment, order, or decree of a bankruptcy court to a court of appeals. Rule 8007 addresses stays pending a direct appeal to a court of appeals. Rule 8008 authorizes a bankruptcy court to issue an indicative ruling while an appeal is pending in a court of appeals. Rules 8009 and 8010 govern the record on appeal in a direct appeal to a court of appeals. Rule 8025 governs the granting of a stay of a district court or BAP judgment pending an appeal to the court of appeals. And Rule 8028 authorizes the court of appeals to suspend applicable Part VIII rules in a particular case, subject to certain enumerated exceptions. These rules take account of the evolving technology in the federal courts for the electronic filing, storage, and transmission of documents. Except as applied to pro se parties, the Part VIII rules require documents to be sent electronically, unless applicable court rules or orders expressly require or permit another means of sending a particular document. Changes Made After Publication and Comment Rule 8002. Time for Filing Notice of Appeal (a) In General. (1)  Fourteen-Day Period (2)  Filing Before the Entry of Judgment (3)  Multiple Appeals (4)  Mistaken Filing in Another Court (5)  Entry Defined (A) A judgment, order, or decree is entered for purposes of this Rule 8002(a): (i) when it is entered in the docket under Rule 5003(a), or (ii) if Rule 7058 applies and Rule 58(a) F.R.Civ.P. requires a separate document, when the judgment, order, or decree is entered in the docket under Rule 5003(a) and when the earlier of these events occurs:  the judgment, order, or decree is set out in a separate document; or  150 days have run from entry of the judgment, order, or decree in the docket under Rule 5003(a). (B) A failure to set out a judgment, order, or decree in a separate document when required by Rule 58(a) F.R.Civ.P. does not affect the validity of an appeal from that judgment, order, or decree. (b) Effect of a Motion on the Time to Appeal. (1)  In General (A) to amend or make additional findings under Rule 7052, whether or not granting the motion would alter the judgment; (B) to alter or amend the judgment under Rule 9023; (C) for a new trial under Rule 9023; or (D) for relief under Rule 9024 if the motion is filed within 14 days after the judgment is entered. (2)  Filing an Appeal Before the Motion is Decided (3)  Appealing the Ruling on the Motion (4)  No Additional Fee (c) Appeal by an Inmate Confined in an Institution. (1)  In General (A) it is accompanied by: (i) a declaration in compliance with 28 U.S.C.  1746or a notarized statementsetting out the date of deposit and stating that first-class postage is being prepaid; or (ii) evidence (such as a postmark or date stamp) showing that the notice was so deposited and that postage was prepaid; or (B) the appellate court exercises its discretion to permit the later filing of a declaration or notarized statement that satisfies Rule 8002(c)(1)(A)(i). (2)  Multiple Appeals (d) Extending the Time to Appeal. (1)  When the Time May be Extended (A) within the time prescribed by this rule; or (B) within 21 days after that time, if the party shows excusable neglect. (2)  When the Time May Not be Extended (A) grants relief from an automatic stay under  362, 922, 1201, or 1301 of the Code; (B) authorizes the sale or lease of property or the use of cash collateral under  363 of the Code; (C) authorizes the obtaining of credit under  364 of the Code; (D) authorizes the assumption or assignment of an executory contract or unexpired lease under  365 of the Code; (E) approves a disclosure statement under  1125 of the Code; or (F) confirms a plan under  943, 1129, 1225, or 1325 of the Code. (3)  Time Limits on an Extension (Added Apr. 25, 2014 Dec. 1, 2014 Apr. 26, 2018 Dec. 1, 2018  Prior Rule A prior Rule 8002, Apr. 25, 1983 Aug. 1, 1983 Mar. 30, 1987 Aug. 1, 1987 Apr. 30, 1991 Aug. 1, 1991 Apr. 29, 1994 Aug. 1, 1994 Apr. 11, 1997 Dec. 1, 1997 Mar. 26, 2009 Dec. 1, 2009 Apr. 25, 2014 Dec. 1, 2014 Committee Notes on Rules2014 This rule is derived from former Rule 8002 and F.R.App.P. 4(a) and (c). With the exception of subdivision (c), the changes to the former rule are stylistic. The rule retains the former rules 14-day time period for filing a notice of appeal, as opposed to the longer periods permitted for appeals in civil cases under F.R.App.P. 4(a). Subdivision (a) continues to allow any other party to file a notice of appeal within 14 days after the first notice of appeal is filed, or thereafter to the extent otherwise authorized by this rule. Subdivision (a) also retains provisions of the former rule that prescribe the date the notice of appeal is deemed filed if the appellant files it prematurely or in the wrong court. Subdivision (b), like former Rule 8002(b) and F.R.App.P. 4(a), tolls the time for filing a notice of appeal when certain postjudgment motions are filed, and it prescribes the effective date of a notice of appeal that is filed before the court disposes of all of the specified motions. As under the former rule, a party that wants to appeal the courts disposition of the motion or the alteration or amendment of a judgment, order, or decree in response to such a motion must file a notice of appeal or, if it has already filed one, an amended notice of appeal. Although Rule 8003(a)(3)(C) requires a notice of appeal to be accompanied by the required fee, no additional fee is required for the filing of an amended notice of appeal. Subdivision (c) mirrors the provisions of F.R.App.P. 4(c)(1) and (2), which specify timing rules for a notice of appeal filed by an inmate confined in an institution. Subdivision (d) continues to allow the court to grant an extension of time to file a notice of appeal, except with respect to certain specified judgments, orders, and decrees. Changes Made After Publication and Comment Committee Notes on Rules2018 Amendment Clarifying amendments are made to subdivisions (a), (b), and (c) of the rule. They are modeled on parallel provisions of F.R.App.P. 4. Paragraph (5) is added to subdivision (a) to clarify the effect of the separate-document requirement of F.R.Civ.P. 58(a) on the entry of a judgment, order, or decree for the purpose of determining the time for filing a notice of appeal. Rule 7058 adopts F.R.Civ.P. 58 for adversary proceedings. If Rule 58(a) requires a judgment to be set out in a separate document, the time for filing a notice of appeal runssubject to subdivisions (b) and (c)from when the judgment is docketed and the judgment is set out in a separate document or, if no separate document is prepared, from 150 days from when the judgment is entered in the docket. The courts failure to comply with the separate-document requirement of Rule 58(a), however, does not affect the validity of an appeal. Rule 58 does not apply in contested matters. Instead, under Rule 9021, a separate document is not required, and a judgment or order is effective when it is entered in the docket. The time for filing a notice of appeal under subdivision (a) therefore begins to run upon docket entry in contested matters, as well as in adversary proceedings for which Rule 58 does not require a separate document. A clarifying amendment is made to subdivision (b)(1) to conform to a recent amendment to F.R.App.P. 4(a)(4)from which Rule 8002(b)(1) is derived. Former Rule 8002(b)(1) provided that [i]f a party timely files in the bankruptcy court certain post-judgment motions, the time to file an appeal runs for all parties from the entry of the order disposing of the last such remaining motion. Responding to a circuit split concerning the meaning of timely in F.R.App.P. 4(a)(4), the amendment adopts the majority approach and rejects the approach taken in National Ecological Foundation v. Alexander Subdivision (c)(1) is revised to conform to F.R.App.P. 4(c)(1), which was recently amended to streamline and clarify the operation of the inmate-filing rule. The rule requires the inmate to show timely deposit and prepayment of postage. It is amended to specify that a notice is timely if it is accompanied by a declaration or notarized statement stating the date the notice was deposited in the institutions mail system and attesting to the prepayment of first-class postage. The declaration must state that first-class postage is being prepaid,; not (as directed by the former rule) that first-class postage has been prepaid. This change reflects the fact that inmates may need to rely upon the institution to affix postage after the inmate has deposited the document in the institutions mail system. A new Directors Form sets out a suggested form of the declaration. The amended rule also provides that a notice is timely without a declaration or notarized statement if other evidence accompanying the notice shows that the notice was deposited on or before the due date and that postage was prepaid. If the notice is not accompanied by evidence that establishes timely deposit and prepayment of postage, then the appellate courtdistrict court, BAP, or court of appeals in the case of a direct appealhas discretion to accept a declaration or notarized statement at a later date. The rule uses the phrase exercises its discretion to permitrather than simply permitsto help ensure that pro se inmates are aware that a court will not necessarily forgive a failure to provide the declaration initially. Rule 8003. Appeal as of RightHow Taken; Docketing the Appeal (a) Filing the Notice of Appeal. (1)  In General (2)  Effect of Not Taking Other Steps (3)  Contents (A) conform substantially to the appropriate Official Form; (B) be accompanied by the judgmentor the appealable order or decreefrom which the appeal is taken; and (C) be accompanied by the prescribed fee. (4)  Merger (5)  Final Judgment (A) an order that adjudicates all remaining claims and the rights and liabilities of all remaining parties; or (B) an order described in Rule 8002(b)(1). (6)  Limited Appeal (7)  Impermissible Ground for Dismissal (8)  Additional Copies (b) Joint or Consolidated Appeals. (1)  Joint Notice of Appeal (2)  Consolidating Appeals (c) Serving the Notice of Appeal. (1)  Serving Parties and Transmitting to the United States Trustee (2)  Effect of Failing to Serve or Transmit Notice (3)  Noting Service on the Docket (d) Transmitting the Notice of Appeal to the District Court or BAP; Docketing the Appeal. (1)  Transmitting the Notice (2)  Docketing in the District Court or BAP (Added Apr. 25, 2014 Dec. 1, 2014 Apr. 24, 2023 Dec. 1, 2023  Prior Rule A prior Rule 8003, Apr. 25, 1983 Aug. 1, 1983 Mar. 30, 1987 Aug. 1, 1987 Apr. 23, 2008 Dec. 1, 2008 Mar. 26, 2009 Dec. 1, 2009 Apr. 25, 2014 Dec. 1, 2014 Committee Notes on Rules2014 This rule is derived from several former Bankruptcy Rule and Appellate Rule provisions. It addresses appeals as of right, joint and consolidated appeals, service of the notice of appeal, and the timing of the docketing of an appeal in the district court or BAP. Subdivision (a) incorporates, with stylistic changes, much of the content of former Rule 8001(a) regarding the taking of an appeal as of right under 28 U.S.C.  158(a)(1) or (2). The rule now requires that the judgment, order, or decree being appealed be attached to the notice of appeal. Subdivision (b), which is an adaptation of F.R.App.P. 3(b), permits the filing of a joint notice of appeal by multiple appellants that have sufficiently similar interests that their joinder is practicable. It also allows the district court or BAP to consolidate appeals taken separately by two or more parties. Subdivision (c) is derived from former Rule 8004 and F.R.App.P. 3(d). Under Rule 8001(c), the former rules requirement that service of the notice of appeal be accomplished by mailing is generally modified to require that the bankruptcy clerk serve counsel by electronic means. Service on pro se parties must be made by sending the notice to the address most recently provided to the court. Subdivision (d) modifies the provision of former Rule 8007(b), which delayed the docketing of an appeal by the district court or BAP until the record was complete and the bankruptcy clerk transmitted it. The new provision, adapted from F.R.App.P. 3(d) and 12(a), requires the bankruptcy clerk to promptly transmit the notice of appeal to the clerk of the district court or BAP. Upon receipt of the notice of appeal, the district or BAP clerk must docket the appeal. Under this procedure, motions filed in the district court or BAP prior to completion and transmission of the record can generally be placed on the docket of an already pending appeal. Changes Made After Publication and Comment Committee Notes on Rules2023 Amendment Subdivision (a) is amended to conform to recent amendments to Fed. R. App. P. 3(c), which clarified that the designation of a particular interlocutory order in a notice of appeal does not prevent the appellate court from reviewing all orders that merged into the judgment or appealable order or decree. These amendments reflect that a notice of appeal is supposed to be a simple document that provides notice that a party is appealing and invokes the jurisdiction of the appellate court. It therefore must state who is appealing, what is being appealed, and to what court the appeal is being taken. It is the role of the briefs, not the notice of appeal, to focus the issues on appeal. Subdivision (a)(3)(B) is amended in an effort to avoid the misconception that it is necessary or appropriate to identify each and every order of the bankruptcy court that the appellant may wish to challenge on appeal. It requires the attachment of the judgmentor the appealable order or decreefrom which the appeal is takenand the phrase or the part of it is deleted. In most cases, because of the merger principle, it is appropriate to identify and attach only the judgment or the appealable order or decree from which the appeal as of right is taken. Subdivision (a)(4) now calls attention to the merger principle. The general merger rule can be stated simply: an appeal from a final judgment or appealable order or decree permits review of all rulings that led up to the judgment, order, or decree. Because this general rule is subject to some exceptions and complications, the amendment does not attempt to codify the merger principle but instead leaves its details to case law. The amendment does not change the principle established in Budinich v. Becton Dickinson & Co. Sometimes a party who is aggrieved by a final judgment will make a motion in the bankruptcy court instead of immediately filing a notice of appeal. Rule 8002(b)(1) permits a party who makes certain motions to await disposition of those motions before appealing. But some courts treat a notice of appeal that identifies only the order disposing of such a motion as limited to that order, rather than bringing the final judgment before the appellate court for review. To reduce the unintended loss of appellate rights in this situation, subdivision (a)(5) is added. This amendment does not alter the requirement of Rule 8002(b)(3) (requiring a notice of appeal or an amended notice of appeal if a party intends to challenge an order disposing of certain motions). Subdivision (a)(6) is added to enable deliberate limitations of the notice of appeal. It allows an appellant to identify only part of a judgment or appealable order or decree by expressly stating that the notice of appeal is so limited. Without such an express statement, however, specific identifications do not limit the scope of the notice of appeal. On occasion, a party may file a notice of appeal after a judgment or appealable order or decree but identify only a previously nonappealable order that merged into that judgment or appealable order or decree. To deal with this situation, subdivision (a)(7) is added to provide that an appeal must not be dismissed for failure to properly identify the judgment or appealable order or decree if the notice of appeal was filed after entry of the judgment or appealable order or decree and identifies an order that merged into the judgment, order, or decree from which the appeal is taken. In this situation, a court should act as if the notice had properly identified the judgment or appealable order or decree. In determining whether a notice of appeal was filed after the entry of judgment, Rules 8002(a)(2) and (b)(2) apply. Rule 8004. Appeal by LeaveHow Taken; Docketing the Appeal (a)  Notice of Appeal and Motion for Leave to Appeal To appeal from an interlocutory order or decree of a bankruptcy court under 28 U.S.C.  158(a)(3), a party must file with the bankruptcy clerk a notice of appeal as prescribed by Rule 8003(a). The notice must: (1) be filed within the time allowed by Rule 8002; (2) be accompanied by a motion for leave to appeal prepared in accordance with subdivision (b); and (3) unless served electronically using the courts transmission equipment, include proof of service in accordance with Rule 8011(d). (b) Contents of the Motion; Response. (1)  Contents (A) the facts necessary to understand the question presented; (B) the question itself; (C) the relief sought; (D) the reasons why leave to appeal should be granted; and (E) a copy of the interlocutory order or decree and any related opinion or memorandum. (2)  Response (c) Transmitting the Notice of Appeal and the Motion; Docketing the Appeal; Determining the Motion. (1)  Transmitting to the District Court or BAP (2)  Docketing in the District Court or BAP (3)  Oral Argument Not Required (d)  Failure to File a Motion With a Notice of Appeal If an appellant timely files a notice of appeal under this rule but does not include a motion for leave, the district court or BAP may order the appellant to file a motion for leave, or treat the notice of appeal as a motion for leave and either grant or deny it. If the court orders that a motion for leave be filed, the appellant must do so within 14 days after the order is entered, unless the order provides otherwise. (e)  Direct Appeal to a Court of Appeals If leave to appeal an interlocutory order or decree is required under 28 U.S.C.  158(a)(3), an authorization of a direct appeal by the court of appeals under 28 U.S.C.  158(d)(2) satisfies the requirement. (Added Apr. 25, 2014 Dec. 1, 2014  Prior Rule A prior Rule 8004, Apr. 25, 1983 Aug. 1, 1983 Mar. 30, 1987 Aug. 1, 1987 Apr. 30, 1991 Aug. 1, 1991 Apr. 25, 2014 Dec. 1, 2014 Committee Notes on Rules2014 This rule is derived from former Rules 8001(b) and 8003 and F.R.App.P. 5. It retains the practice for interlocutory bankruptcy appeals of requiring a notice of appeal to be filed along with a motion for leave to appeal. Like current Rule 8003, it alters the timing of the docketing of the appeal in the district court or BAP. Subdivision (a) requires a party seeking leave to appeal under 28 U.S.C.  158(a)(3) to file with the bankruptcy clerk both a notice of appeal and a motion for leave to appeal. Subdivision (b) prescribes the contents of the motion, retaining the requirements of former Rule 8003(a). It also continues to allow another party to file a cross-motion or response to the appellants motion. Because of the prompt docketing of the appeal under the current rule, the cross-motion or response must be filed in the district court or BAP, rather than in the bankruptcy court as the former rule required. Subdivision (c) requires the bankruptcy clerk to transmit promptly to the district court or BAP the notice of appeal and the motion for leave to appeal. Upon receipt of the notice and the motion, the district or BAP clerk must docket the appeal. Unless the district court or BAP orders otherwise, no oral argument will be held on the motion. Subdivision (d) retains the provisions of former Rule 8003(c). It provides that if the appellant timely files a notice of appeal, but fails to file a motion for leave to appeal, the court can either direct that a motion be filed or treat the notice of appeal as the motion and either grant or deny leave. Subdivision (e), like former Rule 8003(d), treats the authorization of a direct appeal by the court of appeals as a grant of leave to appeal under 28 U.S.C.  158(a)(3) if the district court or BAP has not already granted leave. Thus, a separate order granting leave to appeal is not required. If the court of appeals grants permission to appeal, the record must be assembled and transmitted in accordance with Rules 8009 and 8010. Changes Made After Publication and Comment Rule 8005. Election to Have an Appeal Heard by the District Court Instead of the BAP (a)  Filing of a Statement of Election To elect to have an appeal heard by the district court, a party must: (1) file a statement of election that conforms substantially to the appropriate Official Form; and (2) do so within the time prescribed by 28 U.S.C.  158(c)(1). (b)  Transmitting the Documents Related to the Appeal Upon receiving an appellants timely statement of election, the bankruptcy clerk must transmit to the district clerk all documents related to the appeal. Upon receiving a timely statement of election by a party other than the appellant, the BAP clerk must transmit to the district clerk all documents related to the appeal and notify the bankruptcy clerk of the transmission. (c)  Determining the Validity of an Election A party seeking a determination of the validity of an election must file a motion in the court where the appeal is then pending. The motion must be filed within 14 days after the statement of election is filed. (d)  Motion for Leave Without a Notice of AppealEffect on the Timing of an Election If an appellant moves for leave to appeal under Rule 8004 but fails to file a separate notice of appeal with the motion, the motion must be treated as a notice of appeal for purposes of determining the timeliness of a statement of election. (Added Apr. 25, 2014 Dec. 1, 2014  Prior Rule A prior Rule 8005, Apr. 25, 1983 Aug. 1, 1983 Mar. 30, 1987 Aug. 1, 1987 Apr. 25, 2014 Dec. 1, 2014 Committee Notes on Rules2014 This rule, which implements 28 U.S.C.  158(c)(1), is derived from former Rule 8001(e). It applies only in districts in which an appeal to a BAP is authorized. As the former rule required, subdivision (a) provides that an appellant that elects to have a district court, rather than a BAP, hear its appeal must file with the bankruptcy clerk a statement of election when it files its notice of appeal. The statement must conform substantially to the appropriate Official Form. For appellants, that statement is included in the Notice of Appeal Official Form. If a BAP has been established for appeals from the bankruptcy court and the appellant does not file a timely statement of election, any other party that elects to have the district court hear the appeal must file a statement of election with the BAP clerk no later than 30 days after service of the notice of appeal. Subdivision (b) requires the bankruptcy clerk to transmit all appeal documents to the district clerk if the appellant files a timely statement of election. If the appellant does not make that election, the bankruptcy clerk must transmit those documents to the BAP clerk. Upon a timely election by any other party, the BAP clerk must promptly transmit the appeal documents to the district clerk and notify the bankruptcy clerk that the appeal has been transferred. Subdivision (c) provides a new procedure for the resolution of disputes regarding the validity of an election. A motion seeking the determination of the validity of an election must be filed no later than 14 days after the statement of election is filed. Nothing in this rule prevents a court from determining the validity of an election on its own motion. Subdivision (d) provides that, in the case of an appeal by leave, if the appellant files a motion for leave to appeal but fails to file a notice of appeal, the filing and service of the motion will be treated for timing purposes under this rule as the filing and service of the notice of appeal. Changes Made After Publication and Comment Rule 8006. Certifying a Direct Appeal to the Court of Appeals (a)  Effective Date of a Certification A certification of a judgment, order, or decree of a bankruptcy court for direct review in a court of appeals under 28 U.S.C.  158(d)(2) is effective when: (1) the certification has been filed; (2) a timely appeal has been taken under Rule 8003 or 8004; and (3) the notice of appeal has become effective under Rule 8002. (b)  Filing the Certification The certification must be filed with the clerk of the court where the matter is pending. For purposes of this rule, a matter remains pending in the bankruptcy court for 30 days after the effective date under Rule 8002 of the first notice of appeal from the judgment, order, or decree for which direct review is sought. A matter is pending in the district court or BAP thereafter. (c) Joint Certification by All Appellants and Appellees. (1)  How Accomplished (2)  Supplemental Statement by the Court (d)  The Court That May Make the Certification Only the court where the matter is pending, as provided in subdivision (b), may certify a direct review on request of parties or on its own motion. (e) Certification on the Courts Own Motion. (1)  How Accomplished (2)  Supplemental Statement by a Party (f) Certification by the Court on Request. (1)  How Requested (2)  Service and Contents (A) the facts necessary to understand the question presented; (B) the question itself; (C) the relief sought; (D) the reasons why the direct appeal should be allowed, including which circumstance specified in 28 U.S.C.  158(d)(2)(A)(i)(iii) applies; and (E) a copy of the judgment, order, or decree and any related opinion or memorandum. (3)  Time to File a Response or a Cross-Request (4)  Oral Argument Not Required (5)  Form and Service of the Certification (g)  Proceeding in the Court of Appeals Following a Certification Within 30 days after the date the certification becomes effective under subdivision (a), a request for permission to take a direct appeal to the court of appeals must be filed with the circuit clerk in accordance with F.R.App.P. 6(c). (Added Apr. 25, 2014 Dec. 1, 2014 Apr. 26, 2018 Dec. 1, 2018  Prior Rule A prior Rule 8006, Apr. 25, 1983 Aug. 1, 1983 Mar. 30, 1987 Aug. 1, 1987 Apr. 30, 1991 Aug. 1, 1991 Apr. 29, 1994 Aug. 1, 1994 Mar. 26, 2009 Dec. 1, 2009 Apr. 25, 2014 Dec. 1, 2014 Committee Notes on Rules2014 This rule is derived from former Rule 8001(f), and it provides the procedures for the certification of a direct appeal of a judgment, order, or decree of a bankruptcy court to the court of appeals under 28 U.S.C.  158(d)(2). Once a case has been certified in the bankruptcy court, the district court, or the BAP for direct appeal and a request for permission to appeal has been timely filed with the circuit clerk, the Federal Rules of Appellate Procedure govern further proceedings in the court of appeals. Subdivision (a), like the former rule, requires that an appeal be properly takennow under Rule 8003 or 8004before a certification for direct review in the court of appeals takes effect. This rule requires the timely filing of a notice of appeal under Rule 8002 and accounts for the delayed effectiveness of a notice of appeal under the circumstances specified in that rule. Ordinarily, a notice of appeal is effective when it is filed in the bankruptcy court. Rule 8002, however, delays the effectiveness of a notice of appeal when (1) it is filed after the announcement of a decision or order but prior to the entry of the judgment, order, or decree; or (2) it is filed after the announcement or entry of a judgment, order, or decree but before the bankruptcy court disposes of certain postjudgment motions. When the bankruptcy court enters an interlocutory order or decree that is appealable under 28 U.S.C.  158(a)(3), certification for direct review in the court of appeals may take effect before the district court or BAP grants leave to appeal. The certification is effective when the actions specified in subdivision (a) have occurred. Rule 8004(e) provides that if the court of appeals grants permission to take a direct appeal before leave to appeal an interlocutory ruling has been granted, the authorization by the court of appeals is treated as the granting of leave to appeal. Subdivision (b) provides that a certification must be filed in the court where the matter is pending, as determined by this subdivision. This provision modifies the former rule. Because of the prompt docketing of appeals in the district court or BAP under Rules 8003 and 8004, a matter is deemedfor purposes of this rule onlyto remain pending in the bankruptcy court for 30 days after the effective date of the notice of appeal. This provision will in appropriate cases give the bankruptcy judge, who will be familiar with the matter being appealed, an opportunity to decide whether certification for direct review is appropriate. Similarly, subdivision (d) provides that only the court where the matter is then pending according to subdivision (b) may make a certification on its own motion or on the request of one or more parties. Section 158(d)(2) provides three different ways in which an appeal may be certified for direct review. Implementing these options, the rule provides in subdivision (c) for the joint certification by all appellants and appellees; in subdivision (e) for the bankruptcy courts, district courts, or BAPs certification on its own motion; and in subdivision (f) for the bankruptcy courts, district courts, or BAPs certification on request of a party or a majority of appellants and a majority of appellees. Subdivision (g) requires that, once a certification for direct review is made, a request to the court of appeals for permission to take a direct appeal to that court must be filed with the clerk of the court of appeals no later than 30 days after the effective date of the certification. Federal Rule of Appellate Procedure 6(c), which incorporates all of F.R.App.P. 5 except subdivision (a)(3), prescribes the procedure for requesting the permission of the court of appeals and governs proceedings that take place thereafter in that court. Changes Made After Publication and Comment Committee Notes on Rules2018 Amendment Subdivision (c) is amended to provide authority for the court to file a statement on the merits of a certification for direct review by the court of appeals when the certification is made jointly by all of the parties to the appeal. It is a counterpart to subdivision (e)(2), which allows a party to file a similar statement when the court certifies direct review on the courts own motion. The bankruptcy court may file a supplemental statement within 14 days after the certification, even if the appeal is no longer pending before it according to subdivision (b). If the appeal is pending in the district court or BAP during that 14-day period, the appellate court is authorized to file a statement. In all cases, the filing of a statement by the court is discretionary.  References in Text The Federal Rules of Appellate Procedure, referred to in subd. (g), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. Rule 8007. Stay Pending Appeal; Bonds; Suspension of Proceedings (a) Initial Motion in the Bankruptcy Court. (1)  In General (A) a stay of a judgment, order, or decree of the bankruptcy court pending appeal; (B) the approval of a bond or other security provided to obtain a stay of judgment; (C) an order suspending, modifying, restoring, or granting an injunction while an appeal is pending; or (D) the suspension or continuation of proceedings in a case or other relief permitted by subdivision (e). (2)  Time to File (b) Motion in the District Court, the BAP, or the Court of Appeals on Direct Appeal. (1)  Request for Relief (2)  Showing or Statement Required (A) show that moving first in the bankruptcy court would be impracticable; or (B) if a motion was made in the bankruptcy court, either state that the court has not yet ruled on the motion, or state that the court has ruled and set out any reasons given for the ruling. (3)  Additional Content (A) the reasons for granting the relief requested and the facts relied upon; (B) affidavits or other sworn statements supporting facts subject to dispute; and (C) relevant parts of the record. (4)  Serving Notice (c)  Filing a Bond or Other Security The district court, BAP, or court of appeals may condition relief on filing a bond or other security with the bankruptcy court. (d)  Bond or Other Security for a Trustee or the United States The court may require a trustee to file a bond or other security when the trustee appeals. A bond or other security is not required when an appeal is taken by the United States, its officer, or its agency or by direction of any department of the federal government. (e)  Continuation of Proceedings in the Bankruptcy Court Despite Rule 7062 and subject to the authority of the district court, BAP, or court of appeals, the bankruptcy court may: (1) suspend or order the continuation of other proceedings in the case; or (2) issue any other appropriate orders during the pendency of an appeal to protect the rights of all parties in interest. (Added Apr. 25, 2014 Dec. 1, 2014 Apr. 26, 2018 Dec. 1, 2018  Prior Rule A prior Rule 8007, Apr. 25, 1983 Aug. 1, 1983 Mar. 30, 1987 Aug. 1, 1987 Apr. 30, 1991 Aug. 1, 1991 Apr. 25, 2014 Dec. 1, 2014 Committee Notes on Rules2014 This rule is derived from former Rule 8005 and F.R.App.P. 8. It now applies to direct appeals in courts of appeals. Subdivision (a), like the former rule, requires a party ordinarily to seek relief pending an appeal in the bankruptcy court. Subdivision (a)(1) expands the list of relief enumerated in F.R.App.P. 8(a)(1) to reflect bankruptcy practice. It includes the suspension or continuation of other proceedings in the bankruptcy case, as authorized by subdivision (e). Subdivision (a)(2) clarifies that a motion for a stay pending appeal, approval of a supersedeas bond, or any other relief specified in paragraph (1) may be made in the bankruptcy court before or after the filing of a notice of appeal. Subdivision (b) authorizes a party to seek the relief specified in (a)(1), or the vacation or modification of the granting of such relief, by means of a motion filed in the court where the appeal is pendingdistrict court, BAP, or the court of appeals on direct appeal. Accordingly, a notice of appeal need not be filed with respect to a bankruptcy courts order granting or denying such a motion. The motion for relief in the district court, BAP, or court of appeals must state why it was impracticable to seek relief initially in the bankruptcy court, if a motion was not filed there, or why the bankruptcy court denied the relief sought. Subdivisions (c) and (d) retain the provisions of the former rule that permit the district court or BAPand now the court of appealsto condition the granting of relief on the posting of a bond by the appellant, except when that party is a federal government entity. Rule 9025 governs proceedings against sureties. Subdivision (e) retains the provision of the former rule that authorizes the bankruptcy court to decide whether to suspend or allow the continuation of other proceedings in the bankruptcy case while the matter for which a stay has been sought is pending on appeal. Changes Made After Publication and Comment Committee Notes on Rules2018 Amendment The amendments to subdivisions (a)(1)(B), (c), and (d) conform this rule with the amendment of Rule 62 F.R.Civ.P., which is made applicable to adversary proceedings by Rule 7062. Rule 62 formerly required a party to provide a supersedeas bond to obtain a stay of the judgment and proceedings to enforce the judgment. As amended, Rule 62(b) allows a party to obtain a stay by providing a bond or other security. Rule 8008. Indicative Rulings (a)  Relief Pending Appeal If a party files a timely motion in the bankruptcy court for relief that the court lacks authority to grant because of an appeal that has been docketed and is pending, the bankruptcy court may: (1) defer considering the motion; (2) deny the motion; or (3) state that the court would grant the motion if the court where the appeal is pending remands for that purpose, or state that the motion raises a substantial issue. (b)  Notice to the Court Where the Appeal Is Pending The movant must promptly notify the clerk of the court where the appeal is pending if the bankruptcy court states that it would grant the motion or that the motion raises a substantial issue. (c)  Remand After an Indicative Ruling If the bankruptcy court states that it would grant the motion or that the motion raises a substantial issue, the district court or BAP may remand for further proceedings, but it retains jurisdiction unless it expressly dismisses the appeal. If the district court or BAP remands but retains jurisdiction, the parties must promptly notify the clerk of that court when the bankruptcy court has decided the motion on remand. (Added Apr. 25, 2014 Dec. 1, 2014  Prior Rule A prior Rule 8008, Apr. 25, 1983 Aug. 1, 1983 Mar. 30, 1987 Aug. 1, 1987 Apr. 23, 1996 Dec. 1, 1996 Apr. 25, 2014 Dec. 1, 2014 Committee Notes on Rules2014 This rule is an adaptation of F.R.Civ.P. 62.1 and F.R.App.P. 12.1. It provides a procedure for the issuance of an indicative ruling when a bankruptcy court determines that, because of a pending appeal, the court lacks jurisdiction to grant a request for relief that the court concludes is meritorious or raises a substantial issue. The rule does not attempt to define the circumstances in which an appeal limits or defeats the bankruptcy courts authority to act in the face of a pending appeal. In contrast, Rule 8002(b) identifies motions that, if filed within the relevant time limit, suspend the effect of a notice of appeal filed before the last such motion is resolved. In those circumstances, the bankruptcy court has authority to resolve the motion without resorting to the indicative ruling procedure. Subdivision (b) requires the movant to notify the court where an appeal is pending if the bankruptcy court states that it would grant the motion or that it raises a substantial issue. This provision applies to appeals pending in the district court, the BAP, or the court of appeals. Federal Rules of Appellate Procedure 6 and 12.1 govern the procedure in the court of appeals following notification of the bankruptcy courts indicative ruling. Subdivision (c) of this rule governs the procedure in the district court or BAP upon notification that the bankruptcy court has issued an indicative ruling. The district court or BAP may remand to the bankruptcy court for a ruling on the motion for relief. The district court or BAP may also remand all proceedings, thereby terminating the initial appeal, if it expressly states that it is dismissing the appeal. It should do so, however, only when the appellant has stated clearly its intention to abandon the appeal. Otherwise, the district court or BAP may remand for the purpose of ruling on the motion, while retaining jurisdiction to proceed with the appeal after the bankruptcy court rules, provided that the appeal is not then moot and a party wishes to proceed. Changes Made After Publication and Comment Rule 8009. Record on Appeal; Sealed Documents (a) Designating the Record on Appeal; Statement of the Issues. (1)  Appellant. (A) The appellant must file with the bankruptcy 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. (B) The appellant must file and serve the designation and statement within 14 days after: (i) the appellants notice of appeal as of right becomes effective under Rule 8002; or (ii) an order granting leave to appeal is entered. A designation and statement served prematurely must be treated as served on the first day on which filing is timely. (2)  Appellee and Cross-Appellant (3)  Cross-Appellee (4)  Record on Appeal  docket entries kept by the bankruptcy clerk;  items designated by the parties;  the notice of appeal;  the judgment, order, or decree being appealed;  any order granting leave to appeal;  any certification required for a direct appeal to the court of appeals;  any opinion, findings of fact, and conclusions of law relating to the issues on appeal, including transcripts of all oral rulings;  any transcript ordered under subdivision (b);  any statement required by subdivision (c); and  any additional items from the record that the court where the appeal is pending orders. (5)  Copies for the Bankruptcy Clerk (b) Transcript of Proceedings. (1)  Appellants Duty to Order (A) order in writing from the reporter, as defined in Rule 8010(a)(1), a transcript of such parts of the proceedings not already on file as the appellant considers necessary for the appeal, and file a copy of the order with the bankruptcy clerk; or (B) file with the bankruptcy clerk a certificate stating that the appellant is not ordering a transcript. (2)  Cross-Appellants Duty to Order (A) order in writing from the reporter, as defined in Rule 8010(a)(1), a transcript of such additional parts of the proceedings as the cross-appellant considers necessary for the appeal, and file a copy of the order with the bankruptcy clerk; or (B) file with the bankruptcy clerk a certificate stating that the cross-appellant is not ordering a transcript. (3)  Appellees or Cross-Appellees Right to Order (4)  Payment (5)  Unsupported Finding or Conclusion (c)  Statement of the Evidence When a Transcript Is Unavailable If a transcript of a hearing or trial is unavailable, the appellant may prepare a statement of the evidence or proceedings from the best available means, including the appellants recollection. The statement must be filed within the time prescribed by subdivision (a)(1) and served on the appellee, who may serve objections or proposed amendments within 14 days after being served. The statement and any objections or proposed amendments must then be submitted to the bankruptcy court for settlement and approval. As settled and approved, the statement must be included by the bankruptcy clerk in the record on appeal. (d)  Agreed Statement as the Record on Appeal Instead of the record on appeal as defined in subdivision (a), the parties may prepare, sign, and submit to the bankruptcy court a statement of the case showing how the issues presented by the appeal arose and were decided in the bankruptcy court. The statement must set forth only those facts alleged and proved or sought to be proved that are essential to the courts resolution of the issues. If the statement is accurate, ittogether with any additions that the bankruptcy court may consider necessary to a full presentation of the issues on appealmust be approved by the bankruptcy court and must then be certified to the court where the appeal is pending as the record on appeal. The bankruptcy clerk must then transmit it to the clerk of that court within the time provided by Rule 8010. A copy of the agreed statement may be filed in place of the appendix required by Rule 8018(b) or, in the case of a direct appeal to the court of appeals, by F.R.App.P. 30. (e) Correcting or Modifying the Record. (1)  Submitting to the Bankruptcy Court (2)  Correcting in Other Ways (A) on stipulation of the parties; (B) by the bankruptcy court before or after the record has been forwarded; or (C) by the court where the appeal is pending. (3)  Remaining Questions (f)  Sealed Documents A document placed under seal by the bankruptcy court may be designated as part of the record on appeal. In doing so, a party must identify it without revealing confidential or secret information, but the bankruptcy clerk must not transmit it to the clerk of the court where the appeal is pending as part of the record. Instead, a party must file a motion with the court where the appeal is pending to accept the document under seal. If the motion is granted, the movant must notify the bankruptcy court of the ruling, and the bankruptcy clerk must promptly transmit the sealed document to the clerk of the court where the appeal is pending. (g)  Other Necessary Actions All parties to an appeal must take any other action necessary to enable the bankruptcy clerk to assemble and transmit the record. (Added Apr. 25, 2014 Dec. 1, 2014  Prior Rule A prior Rule 8009, Apr. 25, 1983 Aug. 1, 1983 Mar. 30, 1987 Aug. 1, 1987 Mar. 26, 2009 Dec. 1, 2009 Apr. 25, 2014 Dec. 1, 2014 Committee Notes on Rules2014 This rule is derived from former Rule 8006 and F.R.App.P. 10 and 11(a). The provisions of this rule and Rule 8010 are applicable to appeals taken directly to a court of appeals under 28 U.S.C.  158(d)(2), as well as to appeals to a district court or BAP. See The rule retains the practice of former Rule 8006 of requiring the parties to designate items to be included in the record on appeal. In this respect, the bankruptcy rule differs from the appellate rule. Among other things, F.R.App.P. 10(a) provides that the record on appeal consists of all the documents and exhibits filed in the case. This requirement would often be unworkable in a bankruptcy context because thousands of items might have been filed in the overall bankruptcy case. Subdivision (a) provides the time period for an appellant to file a designation of items to be included in the record on appeal and a statement of the issues to be presented. It then provides for the designation of additional items by the appellee, cross-appellant, and cross-appellee, as well as for the cross-appellants statement of the issues to be presented in its appeal. Subdivision (a)(4) prescribes the content of the record on appeal. Ordinarily, the bankruptcy clerk will not need to have paper copies of the designated items because the clerk will either transmit them to the appellate court electronically or otherwise make them available electronically. If the bankruptcy clerk requires a paper copy of some or all of the items designated as part of the record, the clerk may request the party that designated the item to provide the necessary copies, and the party must comply with the request or bear the cost of the clerks copying. Subdivision (b) governs the process for ordering a complete or partial transcript of the bankruptcy court proceedings. In situations in which a transcript is unavailable, subdivision (c) allows for the parties preparation of a statement of the evidence or proceedings, which must be approved by the bankruptcy court. Subdivision (d) adopts the practice of F.R.App.P. 10(d) of permitting the parties to agree on a statement of the case in place of the record on appeal. The statement must show how the issues on appeal arose and were decided in the bankruptcy court. It must be approved by the bankruptcy court in order to be certified as the record on appeal. Subdivision (e), modeled on F.R.App.P. 10(e), provides a procedure for correcting the record on appeal if an item is improperly designated, omitted, or misstated. Subdivision (f) is a new provision that governs the handling of any document that remains sealed by the bankruptcy court and that a party wants to include in the record on appeal. The party must request the court where the appeal is pending to accept the document under seal, and that motion must be granted before the bankruptcy clerk may transmit the sealed document to the district, BAP, or circuit clerk. Subdivision (g) requires the parties cooperation with the bankruptcy clerk in assembling and transmitting the record. It retains the requirement of former Rule 8006, which was adapted from F.R.App.P. 11(a). Changes Made After Publication and Comment  References in Text The Federal Rules of Appellate Procedure, referred to in subd. (d), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. Rule 8010. Completing and Transmitting the Record (a) Reporters Duties. (1)  Proceedings Recorded Without a Reporter Present (2)  Preparing and Filing the Transcript (A) Upon receiving an order for a transcript in accordance with Rule 8009(b), the reporter must file in the bankruptcy court an acknowledgment of the request that shows when it was received, and when the reporter expects to have the transcript completed. (B) After completing the transcript, the reporter must file it with the bankruptcy clerk, who will notify the district, BAP, or circuit clerk of its filing. (C) If the transcript cannot be completed within 30 days after receiving the order, the reporter must request an extension of time from the bankruptcy clerk. The clerk must enter on the docket and notify the parties whether the extension is granted. (D) If the reporter does not file the transcript on time, the bankruptcy clerk must notify the bankruptcy judge. (b) Clerks Duties. (1)  Transmitting the RecordIn General (2)  Multiple Appeals (3)  Receiving the Record (4)  If Paper Copies Are Ordered (5)  When Leave to Appeal is Requested (c)  Record for a Preliminary Motion in the District Court, BAP, or Court of Appeals This subdivision (c) applies if, before the record is transmitted, a party moves in the district court, BAP, or court of appeals for any of the following relief:  leave to appeal;  dismissal;  a stay pending appeal;  approval of a bond or other security provided to obtain a stay of judgment; or  any other intermediate order. The bankruptcy clerk must then transmit to the clerk of the court where the relief is sought any parts of the record designated by a party to the appeal or a notice that those parts are available electronically. (Added Apr. 25, 2014 Dec. 1, 2014 Apr. 26, 2018 Dec. 1, 2018  Prior Rule A prior Rule 8010, Apr. 25, 1983 Aug. 1, 1983 Apr. 25, 2014 Dec. 1, 2014 Committee Notes on Rules2014 This rule is derived from former Rule 8007 and F.R.App.P. 11. It applies to an appeal taken directly to a court of appeals under 28 U.S.C.  158(d)(2), as well as to an appeal to a district court or BAP. Subdivision (a) generally retains the procedure of former Rule 8007(a) regarding the reporters duty to prepare and file a transcript if a party requests one. It clarifies that the person or service that transcribes the recording of a proceeding is considered the reporter under this rule if the proceeding is recorded without a reporter being present in the courtroom. It also makes clear that the reporter must file with the bankruptcy court the acknowledgment of the request for a transcript and statement of the expected completion date, the completed transcript, and any request for an extension of time beyond 30 days for completion of the transcript. Subdivision (b) requires the bankruptcy clerk to transmit the record to the district, BAP or circuit clerk when the record is complete and, in the case of appeals under 28 U.S.C.  158(a)(3), leave to appeal has been granted. This transmission will be made electronically, either by sending the record itself or sending notice that the record can be accessed electronically. The court where the appeal is pending may, however, require that a paper copy of some or all of the record be furnished, in which case the clerk of that court will direct the appellant to provide the copies. If the appellant does not do so, the bankruptcy clerk must prepare the copies at the appellants expense. In a change from former Rule 8007(b), subdivision (b) of this rule no longer directs the clerk of the appellate court to docket the appeal upon receipt of the record from the bankruptcy clerk. Instead, under Rules 8003(d) and 8004(c) and F.R.App.P. 12(a), the district, BAP, or circuit clerk dockets the appeal upon receipt of the notice of appeal or, in the case of appeals under 28 U.S.C.  158(a)(3), the notice of appeal and the motion for leave to appeal. Accordingly, by the time the district, BAP, or circuit clerk receives the record, the appeal will already be docketed in that court. The clerk of the appellate court must indicate on the docket and give notice to the parties to the appeal when the transmission of the record is received. Under Rule 8018(a) and F.R.App.P. 31, the briefing schedule is generally based on that date. Subdivision (c) is derived from former Rule 8007(c) and F.R.App.P. 11(g). It provides for the transmission of parts of the record that the parties designate for consideration by the district court, BAP, or court of appeals in ruling on specified preliminary motions filed prior to the preparation and transmission of the record on appeal. Changes Made After Publication and Comment Committee Notes on Rules2018 Amendment The amendment of subdivision (c) conforms this rule with the amendment of Rule 62 F.R.Civ.P., which is made applicable in adversary proceedings by Rule 7062. Rule 62 formerly required a party to provide a supersedeas bond to obtain a stay of the judgment and proceedings to enforce the judgment. As amended, Rule 62(b) allows a party to obtain a stay by providing a bond or other security. Rule 8011. Filing and Service; Signature (a)  Filing. (1)  With the Clerk (2)  Method and Timeliness. (A)  Nonelectronic Filing. (i)  In General (ii)  Brief or Appendix  mailed to the clerk by first-class mailor other class of mail that is at least as expeditiouspostage prepaid; or  dispatched to a third-party commercial carrier for delivery within 3 days to the clerk. (iii)  Inmate Filing  it is accompanied by a declaration in compliance with 28 U.S.C.  1746or a notarized statementsetting out the date of deposit and stating that first-class postage is being prepaid; or evidence (such as a postmark or date stamp) showing that the notice was so deposited and that postage was prepaid; or  the appellate court exercises its discretion to permit the later filing of a declaration or notarized statement that satisfies this Rule 8011(a)(2)(A)(iii). (B)  Electronic Filing. (i)  By a Represented PersonGenerally Required; Exceptions (ii)  By an Unrepresented IndividualWhen Allowed or Required  may file electronically only if allowed by court order or by local rule; and  may be required to file electronically only by court order, or by a local rule that includes reasonable exceptions. (iii)  Same as a Written Paper (C)  Copies (3)  Clerks Refusal of Documents (b)  Service of All Documents Required Unless a rule requires service by the clerk, a party must, at or before the time of the filing of a document, serve it on the other parties to the appeal. Service on a party represented by counsel must be made on the partys counsel. (c) Manner of Service. (1)  Nonelectronic Service (A) personal delivery; (B) mail; or (C) third-party commercial carrier for delivery within 3 days. (2)  Electronic Service (3)  When Service Is Complete (d) Proof of Service. (1)  What Is Required (A) an acknowledgment of service by the person served; or (B) proof of service consisting of a statement by the person who made service certifying: (i) the date and manner of service; (ii) the names of the persons served; and (iii) the mail or electronic address, the fax number, or the address of the place of delivery, as appropriate for the manner of service, for each person served. (2)  Delayed Proof (3)  Brief or Appendix (e)  Signature Every document filed electronically must include the electronic signature of the person filing it or, if the person is represented, the electronic signature of counsel. A filing made through a persons electronic-filing account and authorized by that person, together with that persons name on a signature block, constitutes the persons signature. Every document filed in paper form must be signed by the person filing the document or, if the person is represented, by counsel. (Added Apr. 25, 2014 Dec. 1, 2014 Apr. 26, 2018 Dec. 1, 2018  Prior Rule A prior Rule 8011, Apr. 25, 1983 Aug. 1, 1983 Apr. 25, 2014 Dec. 1, 2014 Committee Notes on Rules2014 This rule is derived from former Rule 8008 and F.R.App.P. 25. It adopts some of the additional details of the appellate rule, and it provides greater recognition of the possibility of electronic filing and service. Subdivision (a) governs the filing of documents in the district court or BAP. Consistent with other provisions of these Part VIII rules, subdivision (a)(2) requires electronic filing of documents, including briefs and appendices, unless the district courts or BAPs procedures permit or require other methods of delivery to the court. An electronic filing is timely if it is received by the district or BAP clerk within the time fixed for filing. No additional copies need to be submitted when documents are filed electronically, by mail, or by delivery unless the district court or BAP requires them. Subdivision (a)(3) provides that the district or BAP clerk may not refuse to accept a document for filing solely because its form does not comply with these rules or any local rule or practice. The district court or BAP may, however, direct the correction of any deficiency in any document that does not conform to the requirements of these rules or applicable local rules, and may prescribe such other relief as the court deems appropriate. Subdivisions (b) and (c) address the service of documents in the district court or BAP. Except for documents that the district or BAP clerk must serve, a party that makes a filing must serve copies of the document on the other parties to the appeal. Service on represented parties must be made on counsel. Subdivision (c) expresses the general requirement under these Part VIII rules that documents be sent electronically. See Subdivision (d) retains the former rules provisions regarding proof of service of a document filed in the district court or BAP. In addition, it provides that a certificate of service must state the mail or electronic address or fax number to which service was made. Subdivision (e) is a new provision that requires an electronic signature of counsel or an unrepresented filer for documents that are filed electronically in the district court or BAP. A local rule may specify a method of providing an electronic signature that is consistent with any standards established by the Judicial Conference of the United States. Paper copies of documents filed in the district court or BAP must bear an actual signature of counsel or the filer. By requiring a signature, subdivision (e) ensures that a readily identifiable attorney or party takes responsibility for every document that is filed. Changes Made After Publication and Comment Committee Notes on Rules2018 Amendment The rule is amended to conform to the amendments to F.R.App.P. 25 on inmate filing, electronic filing, signature, service, and proof of service. Consistent with Rule 8001(c), subdivision (a)(2) generally makes electronic filing mandatory. The rule recognizes exceptions for persons proceeding without an attorney, exceptions for good cause, and variations established by local rule. Subdivision (a)(2)(A)(iii) is revised to conform to F.R.App.P. 25(a)(2)(A)(iii), which was recently amended to streamline and clarify the operation of the inmate-filing rule. The rule requires the inmate to show timely deposit and prepayment of postage. It is amended to specify that a notice is timely if it is accompanied by a declaration or notarized statement stating the date the notice was deposited in the institutions mail system and attesting to the prepayment of first-class postage. The declaration must state that first-class postage is being prepaid, not (as directed by the former rule) that first-class postage has been prepaid. This change reflects the fact that inmates may need to rely upon the institution to affix postage after the inmate has deposited the document in the institutions mail system. A new Directors Form sets out a suggested form of the declaration. The amended rule also provides that a notice is timely without a declaration or notarized statement if other evidence accompanying the notice shows that the notice was deposited on or before the due date and that postage was prepaid. If the notice is not accompanied by evidence that establishes timely deposit and prepayment of postage, then the appellate courtdistrict court, BAP, or court of appeals in the case of a direct appealhas discretion to accept a declaration or notarized statement at a later date. The rule uses the phrase exercises its discretion to permitrather than simply permitsto help ensure that pro se inmates are aware that a court will not necessarily forgive a failure to provide the declaration initially. Subdivision (c) is amended to authorize electronic service by means of the courts electronic-filing system on registered users without requiring their written consent. All other forms of electronic service require the written consent of the person served. Service is complete when a person files the paper with the courts electronic-filing system for transmission to a registered user, or when one person sends it to another person by other electronic means that the other person has consented to in writing. But service is not effective if the person who filed with the court or the person who sent by other agreed-upon electronic means receives notice that the paper did not reach the person to be served. The rule does not make the court responsible for notifying a person who filed the paper with the courts electronic-filing system that an attempted transmission by the courts system failed. But a filer who receives notice that the transmission failed is responsible for making effective service. As amended, subdivision (d) eliminates the requirement of proof of service when service is made through the electronic-filing system. The notice of electronic filing generated by the system serves that purpose. Subdivision (e) requires the signature of counsel or an unrepresented party on every document that is filed. A filing made through a persons electronic-filing account and authorized by that person, together with that persons name on a signature block, constitutes the persons signature. A persons electronic-filing account means an account established by the court for use of the courts electronic-filing system, which account the person accesses with the user name and password (or other credentials) issued to that person by the court. Rule 8012. Disclosure Statement (a)  Nongovernmental Corporations Any nongovernmental corporation that is a party to a proceeding in the district court or BAP must file a statement that identifies any parent corporation and any publicly held corporation that owns 10% or more of its stock or states that there is no such corporation. The same requirement applies to a nongovernmental corporation that seeks to intervene. (b)  Disclosure About the Debtor The debtor, the trustee, or, if neither is a party, the appellant must file a statement that: (1) identifies each debtor not named in the caption; and (2) for each debtor that is a corporation, discloses the information required by Rule 8012(a). (c)  Time to File; Supplemental Filing A Rule 8012 statement must: (1) be filed with the principal brief or upon filing a motion, response, petition, or answer in the district court or BAP, whichever occurs first, unless a local rule requires earlier filing; (2) be included before the table of contents in the principal brief; and (3) be supplemented whenever the information required by Rule 8012 changes. (Added Apr. 25, 2014 Dec. 1, 2014 Apr. 27, 2020 Dec. 1, 2020  Prior Rule A prior Rule 8012, Apr. 25, 1983 Aug. 1, 1983 Apr. 25, 2014 Dec. 1, 2014 Committee Notes on Rules2014 This rule is derived from F.R.App.P. 26.1. It requires the filing of corporate disclosure statements and supplemental statements in order to assist district court and BAP judges in determining whether they should recuse themselves. Rule 9001 makes the definitions in  101 of the Code applicable to these rules. Under  101(9) the word corporation includes a limited liability company, limited liability partnership, business trust, and certain other entities that are not designated under applicable law as corporations. If filed separately from a brief, motion, response, petition, or answer, the statement must be filed and served in accordance with Rule 8011. Under Rule 8015(a)(7)(B)(iii), the corporate disclosure statement is not included in calculating applicable word-count limitations. Changes Made After Publication and Comment Committee Notes on Rules2020 Amendment The rule is amended to conform to recent amendments to F.R.App.P. 26.1. Subdivision (a) is amended to encompass nongovernmental corporations that seek to intervene on appeal. New subdivision (b) requires disclosure of the name of all of the debtors in the bankruptcy case. The names of the debtors are not always included in the caption of appeals. It also requires, for corporate debtors, disclosure of the same information required to be disclosed under subdivision (a). Subdivision (c), previously subdivision (b), now applies to all the disclosure requirements in Rule 8012. Rule 8013. Motions; Intervention (a) Contents of a Motion; Response; Reply. (1)  Request for Relief (2)  Contents of a Motion. (A)  Grounds and the Relief Sought (B)  Motion to Expedite an Appeal (C)  Accompanying Documents. (i) Any affidavit or other document necessary to support a motion must be served and filed with the motion. (ii) An affidavit must contain only factual information, not legal argument. (iii) A motion seeking substantive relief must include a copy of the bankruptcy courts judgment, order, or decree, and any accompanying opinion as a separate exhibit. (D)  Documents Barred or Not Required. (i) A separate brief supporting or responding to a motion must not be filed. (ii) Unless the court orders otherwise, a notice of motion or a proposed order is not required. (3)  Response and Reply; Time to File (A) any party to the appeal may file a response to the motion within 7 days after service of the motion; and (B) the movant may file a reply to a response within 7 days after service of the response, but may only address matters raised in the response. (b)  Disposition of a Motion for a Procedural Order The district court or BAP may rule on a motion for a procedural orderincluding a motion under Rule 9006(b) or (c)at any time without awaiting a response. A party adversely affected by the ruling may move to reconsider, vacate, or modify it within 7 days after the procedural order is served. (c)  Oral Argument A motion will be decided without oral argument unless the district court or BAP orders otherwise. (d) Emergency Motion. (1)  Noting the Emergency (2)  Contents of the Motion (A) be accompanied by an affidavit setting out the nature of the emergency; (B) state whether all grounds for it were submitted to the bankruptcy court and, if not, why the motion should not be remanded for the bankruptcy court to consider; (C) include the e-mail addresses, office addresses, and telephone numbers of moving counsel and, when known, of opposing counsel and any unrepresented parties to the appeal; and (D) be served as prescribed by Rule 8011. (3)  Notifying Opposing Parties (e) Power of a Single BAP Judge to Entertain a Motion. (1)  Single Judges Authority (2)  Reviewing a Single Judges Action (f) Form of Documents; Length Limits; Number of Copies. (1)  Format of a Paper Document (2)  Format of an Electronically Filed Document (3)  Length Limits (A) a motion or a response to a motion produced using a computer must include a certificate under Rule 8015(h) and not exceed 5,200 words; (B) a handwritten or typewritten motion or a response to a motion must not exceed 20 pages; (C) a reply produced using a computer must include a certificate under Rule 8015(h) and not exceed 2,600 words; and (D) a handwritten or typewritten reply must not exceed 10 pages. (4)  Paper Copies (g)  Intervening in an Appeal Unless a statute provides otherwise, an entity that seeks to intervene in an appeal pending in the district court or BAP must move for leave to intervene and serve a copy of the motion on the parties to the appeal. The motion or other notice of intervention authorized by statute must be filed within 30 days after the appeal is docketed. It must concisely state the movants interest, the grounds for intervention, whether intervention was sought in the bankruptcy court, why intervention is being sought at this stage of the proceeding, and why participating as an amicus curiae would not be adequate. (Added Apr. 25, 2014 Dec. 1, 2014 Apr. 26, 2018 Dec. 1, 2018 Apr. 27, 2020 Dec. 1, 2020  Prior Rule A prior Rule 8013, Apr. 25, 1983 Aug. 1, 1983 Mar. 30, 1987 Aug. 1, 1987 Apr. 25, 2014 Dec. 1, 2014 Committee Notes on Rules2014 This rule is derived from former Rule 8011 and F.R.App.P. 15(d) and 27. It adopts many of the provisions of the appellate rules that specify the form and page limits of motions and accompanying documents, while also adjusting those requirements for electronic filing. In addition, it prescribes the procedure for seeking to intervene in the district court or BAP. Subdivision (a) retains much of the content of former Rule 8011(a) regarding the contents of a motion, response, and reply. It also specifies the documents that may accompany a motion. Unlike the former rule, which allowed the filing of separate briefs supporting a motion, subdivision (a) now adopts the practice of F.R.App.P. 27(a) of prohibiting the filing of briefs supporting or responding to a motion. The motion or response itself must include the partys legal arguments. Subdivision (a)(2)(B) clarifies the procedure for seeking to expedite an appeal. A motion under this provision seeks to expedite the time for the disposition of the appeal as a whole, whereas an emergency motionwhich is addressed by subdivision (d)typically involves an urgent request for relief short of disposing of the entire appeal (for example, an emergency request for a stay pending appeal to prevent imminent mootness). In appropriate casessuch as when there is an urgent need to resolve the appeal quickly to prevent harma party may file a motion to expedite the appeal as an emergency motion. Subdivision (b) retains the substance of former Rule 8011(b). It authorizes the district court or BAP to act on a motion for a procedural order without awaiting a response to the motion. It specifies that a party seeking reconsideration, vacation, or modification of the order must file a motion within 7 days after service of the order. Subdivision (c) continues the practice of former Rule 8011(c) and F.R.App.P. 27(e) of dispensing with oral argument of motions in the district court or BAP unless the court orders otherwise. Subdivision (d), which carries forward the content of former Rule 8011(d), governs emergency motions that the district court or BAP may rule on without awaiting a response when necessary to prevent irreparable harm. A party seeking expedited action on a motion in the district court or BAP must explain the nature of the emergency, whether all grounds in support of the motion were first presented to the bankruptcy court, and, if not, why the district court or BAP should not remand for reconsideration. The moving party must also explain the steps taken to notify opposing counsel and any unrepresented parties in advance of filing the emergency motion and, if they were not notified, why it was impracticable to do so. Subdivision (e), like former Rule 8011(e) and similar to F.R.App.P. 27(c), authorizes a single BAP judge to rule on certain motions. This authority, however, does not extend to issuing rulings that would dispose of the appeal. For that reason, the rule now prohibits a single BAP judge from denying a motion for a stay pending appeal when the effect of that ruling would be to require dismissal of the appeal as moot. A ruling by a single judge is subject to review by the BAP. Subdivision (f) incorporates by reference the formatting and appearance requirements of F.R.App.P. 27(d)(1). When paper versions of the listed documents are filed, they must comply with the requirements of the specified rules regarding reproduction, covers, binding, appearance, and format. When these documents are filed electronically, they must comply with the relevant requirements of the specified rules regarding covers and format. Subdivision (f) also specifies page limits for motions, responses, and replies, which is a matter that former Rule 8011 did not address. Subdivision (g) clarifies the procedure for seeking to intervene in a proceeding that has been appealed. It is based on F.R.App.P. 15(d), but it also requires the moving party to explain why intervention is being sought at the appellate stage. The former Part VIII rules did not address intervention. Changes Made After Publication and Comment Committee Notes on Rules2018 Amendment Subdivision (f)(3) is amended to conform to F.R.App.P. 27(d)(2), which was recently amended to replace page limits with word limits for motions and responses produced using a computer. The word limits were derived from the current page limits, using the assumption that one page is equivalent to 260 words. Documents produced using a computer must include the certificate of compliance required by Rule 8015(h); Official Form 417C suffices to meet that requirement. Page limits are retained for papers prepared without the aid of a computer (i.e., handwritten or typewritten papers). For both the word limit and the page limit, the calculation excludes the accompanying documents required by Rule 8013(a)(2)(C) and any items listed in Rule 8015(h). Committee Notes on Rules2020 Amendment Subdivision (a)(1) is amended to delete the reference to proof of service. This change reflects the recent amendment to Rule 8011(d) that eliminated the requirement of proof of service when filing and service are completed using a courts electronic-filing system.  References in Text The Federal Rules of Appellate Procedure, referred to in subd. (f)(1), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. Rule 8014. Briefs (a)  Appellants Brief The appellants brief must contain the following under appropriate headings and in the order indicated: (1) a corporate disclosure statement, if required by Rule 8012; (2) a table of contents, with page references; (3) a table of authoritiescases (alphabetically arranged), statutes, and other authoritieswith references to the pages of the brief where they are cited; (4) a jurisdictional statement, including: (A) the basis for the bankruptcy courts subject-matter jurisdiction, with citations to applicable statutory provisions and stating relevant facts establishing jurisdiction; (B) the basis for the district courts or BAPs jurisdiction, with citations to applicable statutory provisions and stating relevant facts establishing jurisdiction; (C) the filing dates establishing the timeliness of the appeal; and (D) an assertion that the appeal is from a final judgment, order, or decree, or information establishing the district courts or BAPs jurisdiction on another basis; (5) a statement of the issues presented and, for each one, a concise statement of the applicable standard of appellate review; (6) a concise statement of the case setting out the facts relevant to the issues submitted for review, describing the relevant procedural history, and identifying the rulings presented for review, with appropriate references to the record; (7) a summary of the argument, which must contain a succinct, clear, and accurate statement of the arguments made in the body of the brief, and which must not merely repeat the argument headings; (8) the argument, which must contain the appellants contentions and the reasons for them, with citations to the authorities and parts of the record on which the appellant relies; (9) a short conclusion stating the precise relief sought; and (10) the certificate of compliance, if required by Rule 8015(a)(7) or (b). (b)  Appellees Brief The appellees brief must conform to the requirements of subdivision (a)(1)(8) and (10), except that none of the following need appear unless the appellee is dissatisfied with the appellants statement: (1) the jurisdictional statement; (2) the statement of the issues and the applicable standard of appellate review; and (3) the statement of the case. (c)  Reply Brief The appellant may file a brief in reply to the appellees brief. A reply brief must comply with the requirements of subdivision (a)(2)(3). (d)  Statutes, Rules, Regulations, or Similar Authority If the courts determination of the issues presented requires the study of the Code or other statutes, rules, regulations, or similar authority, the relevant parts must be set out in the brief or in an addendum. (e)  Briefs in a Case Involving Multiple Appellants or Appellees In a case involving more than one appellant or appellee, including consolidated cases, any number of appellants or appellees may join in a brief, and any party may adopt by reference a part of anothers brief. Parties may also join in reply briefs. (f)  Citation of Supplemental Authorities If pertinent and significant authorities come to a partys attention after the partys brief has been filedor after oral argument but before a decisiona party may promptly advise the district or BAP clerk by a signed submission setting forth the citations. The submission, which must be served on the other parties to the appeal, must state the reasons for the supplemental citations, referring either to the pertinent page of a brief or to a point argued orally. The body of the submission must not exceed 350 words. Any response must be made within 7 days after the party is served, unless the court orders otherwise, and must be similarly limited. (Added Apr. 25, 2014 Dec. 1, 2014  Prior Rule A prior Rule 8014, Apr. 25, 1983 Aug. 1, 1983 Mar. 30, 1987 Aug. 1, 1987 Apr. 25, 2014 Dec. 1, 2014 Committee Notes on Rules2014 This rule is derived from former Rule 8010(a) and (b) and F.R.App.P. 28. Adopting much of the content of Rule 28, it provides greater detail than former Rule 8010 contained regarding appellate briefs. Subdivision (a) prescribes the content and structure of the appellants brief. It largely follows former Rule 8010(a)(1), but, to ensure national uniformity, it eliminates the provision authorizing a district court or BAP to alter these requirements. Subdivision (a)(1) provides that when Rule 8012 requires an appellant to file a corporate disclosure statement, it must be placed at the beginning of the appellants brief. Subdivision (a)(10) is new. It implements the requirement under Rule 8015(a)(7)(C) and (b) for the filing of a certificate of compliance with the limit on the number of words or lines allowed to be in a brief. Subdivision (b) carries forward the provisions of former Rule 8010(a)(2). Subdivision (c) is derived from F.R.App.P. 28(c). It authorizes an appellant to file a reply brief, which will generally complete the briefing process. Subdivision (d) is similar to former Rule 8010(b), but it is reworded to reflect the likelihood that briefs will generally be filed electronically rather than in paper form. Subdivision (e) mirrors F.R.App.P. 28(i). It authorizes multiple appellants or appellees to join in a single brief. It also allows a party to incorporate by reference portions of another partys brief. Subdivision (f) adopts the procedures of F.R.App.P. 28(j) with respect to the filing of supplemental authorities with the district court or BAP after a brief has been filed or after oral argument. Unlike the appellate rule, it specifies a period of 7 days for filing a response to a submission of supplemental authorities. The supplemental submission and response must comply with the signature requirements of Rule 8011(e). Changes Made After Publication and Comment Rule 8015. Form and Length of Briefs; Form of Appendices and Other Papers (a)  Paper Copies of a Brief If a paper copy of a brief may or must be filed, the following provisions apply: (1)  Reproduction. (A) A brief may be reproduced by any process that yields a clear black image on light paper. The paper must be opaque and unglazed. Only one side of the paper may be used. (B) Text must be reproduced with a clarity that equals or exceeds the output of a laser printer. (C) Photographs, illustrations, and tables may be reproduced by any method that results in a good copy of the original. A glossy finish is acceptable if the original is glossy. (2)  Cover (A) the number of the case centered at the top; (B) the name of the court; (C) the title of the case as prescribed by Rule 8003(d)(2) or 8004(c)(2); (D) the nature of the proceeding and the name of the court below; (E) the title of the brief, identifying the party or parties for whom the brief is filed; and (F) the name, office address, telephone number, and e-mail address of counsel representing the party for whom the brief is filed. (3)  Binding (4)  Paper Size, Line Spacing, and Margins (5)  Typeface (A) A proportionally spaced face must include serifs, but sans-serif type may be used in headings and captions. A proportionally spaced face must be 14-point or larger. (B) A monospaced face may not contain more than 1012 characters per inch. (6)  Type Styles (7)  Length. (A)  Page Limitation (B)  Type-volume Limitation. (i) A principal brief is acceptable if it contains a certificate under Rule 8015(h) and:  contains no more than 13,000 words; or  uses a monospaced face and contains no more than 1,300 lines of text. (ii) A reply brief is acceptable if it includes a certificate under Rule 8015(h) and contains no more than half of the type volume specified in item (i). (b)  Electronically Filed Briefs A brief filed electronically must comply with subdivision (a), except for (a)(1), (a)(3), and the paper requirement of (a)(4). (c)  Paper Copies of Appendices A paper copy of an appendix must comply with subdivision (a)(1), (2), (3), and (4), with the following exceptions: (1) An appendix may include a legible photocopy of any document found in the record or of a printed decision. (2) When necessary to facilitate inclusion of odd-sized documents such as technical drawings, an appendix may be a size other than 812-by-11 inches, and need not lie reasonably flat when opened. (d)  Electronically Filed Appendices An appendix filed electronically must comply with subdivision (a)(2) and (4), except for the paper requirement of (a)(4). (e) Other Documents. (1)  Motion (2)  Paper Copies of Other Documents (A) A cover is not necessary if the caption and signature page together contain the information required by subdivision (a)(2). (B) Subdivision (a)(7) does not apply. (3)  Other Documents Filed Electronically (f)  Local Variation A district court or BAP must accept documents that comply with the form requirements of this rule and the length limits set by Part VIII of these rules. By local rule or order in a particular case, a district court or BAP may accept documents that do not meet all the form requirements of this rule or the length limits set by Part VIII of these rules. (g)  Items Excluded From Length In computing any length limit, headings, footnotes, and quotations count toward the limit, but the following items do not:  cover page;  disclosure statement under Rule 8012;  table of contents;  table of citations;  statement regarding oral argument;  addendum containing statutes, rules, or regulations;  certificates of counsel;  signature block;  proof of service; and  any item specifically excluded by these rules or by local rule. (h) Certificate of Compliance. (1)  Briefs and Documents That Require a Certificate (2)  Acceptable Form (Added Apr. 25, 2014 Dec. 1, 2014 Apr. 26, 2018 Dec. 1, 2018 Apr. 27, 2020 Dec. 1, 2020  Prior Rule A prior Rule 8015, Apr. 25, 1983 Aug. 1, 1983 Mar. 30, 1987 Aug. 1, 1987 Mar. 26, 2009 Dec. 1, 2009 Apr. 25, 2014 Dec. 1, 2014 Committee Notes on Rules2014 This rule is derived primarily from F.R.App.P. 32. Former Rule 8010(c) prescribed page limits for principal briefs and reply briefs. Those limits are now addressed by subdivision (a)(7) of this rule. In addition, the rule incorporates most of the detail of F.R.App.P. 32 regarding the appearance and format of briefs, appendices, and other documents, along with new provisions that apply when those documents are filed electronically. Subdivision (a) prescribes the form requirements for briefs that are filed in paper form. It incorporates F.R.App.P. 32(a), except it does not include color requirements for brief covers, it requires the cover of a brief to include counsels e-mail address, and cross-references to the appropriate bankruptcy rules are substituted for references to the Federal Rules of Appellate Procedure. Subdivision (a)(7) decreases the length of briefs, as measured by the number of pages, that was permitted by former Rule 8010(c). Page limits are reduced from 50 to 30 pages for a principal brief and from 25 to 15 for a reply brief in order to achieve consistency with F.R.App.P. 32(a)(7). But as permitted by the appellate rule, subdivision (a)(7) also permits the limits on the length of a brief to be measured by a word or line count, as an alternative to a page limit. Basing the calculation of brief length on either of the type-volume methods specified in subdivision (a)(7)(B) will result in briefs that may exceed the designated page limits in (a)(7)(A) and that may be approximately as long as allowed by the prior page limits. Subdivision (b) adapts for briefs that are electronically filed subdivision (a)s form requirements. With the use of electronic filing, the method of reproduction, method of binding, and use of paper become irrelevant. But information required on the cover, formatting requirements, and limits on brief length remain the same. Subdivisions (c) and (d) prescribe the form requirements for appendices. Subdivision (c), applicable to paper appendices, is derived from F.R.App.P. 32(b), and subdivision (d) adapts those requirements for electronically filed appendices. Subdivision (e), which is based on F.R.App.P. 32(c), addresses the form required for documentsin paper form or electronically filedthat these rules do not otherwise cover. Subdivision (f), like F.R.App.P. 32(e), provides assurance to lawyers and parties that compliance with this rules form requirements will allow a brief or other document to be accepted by any district court or BAP. A court may, however, by local rule or, under Rule 8028 by order in a particular case, choose to accept briefs and documents that do not comply with all of this rules requirements. The decision whether to accept a brief that appears not to be in compliance with the rules must be made by the court. Under Rule 8011(a)(3), the clerk may not refuse to accept a document for filing solely because it is not presented in proper form as required by these rules or any local rule or practice. Under Rule 8011(e), the party filing the document or, if represented, its counsel must sign all briefs and other submissions. If the document is filed electronically, an electronic signature must be provided in accordance with Rule 8011(e). Changes Made After Publication and Comment Committee Notes on Rules2018 Amendment The rule is amended to conform to recent amendments to F.R.App.P. 32, which reduced the word limits generally allowed for briefs. When Rule 32(a)(7)(B)s type-volume limits for briefs were adopted in 1998, the word limits were based on an estimate of 280 words per page. Amended F.R.App.P. 32 applies a conversion ratio of 260 words per page and reduces the word limits accordingly. Rule 8015(a)(7) adopts the same reduced word limits for briefs prepared by computer. In a complex case, a party may need to file a brief that exceeds the type-volume limitations specified in these rules, such as to include unusually voluminous information explaining relevant background or legal provisions or to respond to multiple briefs by opposing parties or amici. The Committee expects that courts will accommodate those situations by granting leave to exceed the type-volume limitations as appropriate. Subdivision (f) is amended to make clear a courts ability (by local rule or order in a case) to increase the length limits for briefs and other documents. Subdivision (f) already established this authority as to the length limits in Rule 8015(a)(7); the amendment makes clear that this authority extends to all length limits in Part VIII of the Bankruptcy Rules. A new subdivision (g) is added to set out a global list of items excluded from length computations, and the list of exclusions in former subdivision (a)(7)(B)(iii) is deleted. The certificate-of-compliance provision formerly in subdivision (a)(7)(C) is relocated to a new subdivision (h) and now applies to filings under all type-volume limits (other than Rule 8014(f)s word limit)including the new word limits in Rules 8013, 8016, 8017, and 8022. Conforming amendments are made to Official Form 417C. Committee Notes on Rules2020 Amendment The amendment to subdivision (g) is made to reflect recent amendments to Rule 8011(d) that eliminated the requirement of proof of service when filing and service are completed using a courts electronic-filing system. Because each item listed in Rule 8015(g) will not always be required, the initial article is deleted. The word corporate is deleted before disclosure statement to reflect a concurrent change in the title of Rule 8012. Rule 8016. Cross-Appeals (a)  Applicability This rule applies to a case in which a cross-appeal is filed. Rules 8014(a)(c), 8015(a)(7)(A)(B), and 8018(a)(1)(3) do not apply to such a case, except as otherwise provided in this rule. (b)  Designation of Appellant The party who files a notice of appeal first is the appellant for purposes of this rule and Rule 8018(a)(4) and (b) and Rule 8019. If notices are filed on the same day, the plaintiff, petitioner, applicant, or movant in the proceeding below is the appellant. These designations may be modified by the parties agreement or by court order. (c)  Briefs In a case involving a cross-appeal: (1)  Appellants Principal Brief (2)  Appellees Principal and Response Brief (3)  Appellants Response and Reply Brief (A) the jurisdictional statement; (B) the statement of the issues and the applicable standard of appellate review; and (C) the statement of the case. (4)  Appellees Reply Brief (d) Length. (1)  Page Limitation (2)  Type-volume Limitation. (A) The appellants principal brief or the appellants response and reply brief is acceptable if it includes a certificate under Rule 8015(h) and: (i) contains no more than 13,000 words; or (ii) uses a monospaced face and contains no more than 1,300 lines of text. (B) The appellees principal and response brief is acceptable if it includes a certificate under Rule 8015(h) and: (i) contains no more than 15,300 words; or (ii) uses a monospaced face and contains no more than 1,500 lines of text. (C) The appellees reply brief is acceptable if it includes a certificate under Rule 8015(h) and contains no more than half of the type volume specified in subparagraph (A). (e)  Time to Serve and File a Brief Briefs must be served and filed as follows, unless the district court or BAP by order in a particular case excuses the filing of briefs or specifies different time limits: (1) the appellants principal brief, within 30 days after the docketing of notice that the record has been transmitted or is available electronically; (2) the appellees principal and response brief, within 30 days after the appellants principal brief is served; (3) the appellants response and reply brief, within 30 days after the appellees principal and response brief is served; and (4) the appellees reply brief, within 14 days after the appellants response and reply brief is served, but at least 7 days before scheduled argument unless the district court or BAP, for good cause, allows a later filing. (Added Apr. 25, 2014 Dec. 1, 2014 Apr. 26, 2018 Dec. 1, 2018  Prior Rule A prior Rule 8016, Apr. 25, 1983 Aug. 1, 1983 Mar. 30, 1987 Aug. 1, 1987 Apr. 30, 1991 Aug. 1, 1991 Apr. 25, 2014 Dec. 1, 2014 Committee Notes on Rules2014 This rule is derived from F.R.App.P. 28.1. It governs the timing, content, length, filing, and service of briefs in bankruptcy appeals in which there is a cross-appeal. The former Part VIII rules did not separately address the topic of cross-appeals. Subdivision (b) prescribes which party is designated the appellant when there is a cross-appeal. Generally, the first to file a notice of appeal will be the appellant. Subdivision (c) specifies the briefs that the appellant and the appellee may file. Because of the dual role of the parties to the appeal and cross-appeal, each party is permitted to file a principal brief and a response to the opposing partys brief, as well as a reply brief. For the appellee, the principal brief in the cross-appeal and the response in the appeal are combined into a single brief. The appellant, on the other hand, initially files a principal brief in the appeal and later files a response to the appellees principal brief in the cross-appeal, along with a reply brief in the appeal. The final brief that may be filed is the appellees reply brief in the cross-appeal. Subdivision (d), which prescribes page limits for briefs, is adopted from F.R.App.P. 28.1(e). It applies to briefs that are filed electronically, as well as to those filed in paper form. Like Rule 8015(a)(7), it imposes limits measured by either the number of pages or the number of words or lines of text. Subdivision (e) governs the time for filing briefs in cases in which there is a cross-appeal. It adapts the provisions of F.R.App.P. 28.1(f). Changes Made After Publication and Comment Committee Notes on Rules2018 Amendment The rule is amended to conform to recent amendments to F.R.App.P. 28.1, which reduced the word limits generally allowed for briefs in cross-appeals. When Rule 28.1 was adopted in 2005, it modeled its type-volume limits on those set forth in F.R.App.P. 32(a)(7) for briefs in cases that did not involve a cross-appeal. At that time, Rule 32(a)(7)(B) set word limits based on an estimate of 280 words per page. Amended F.R.App.P. 32 and 28.1 apply a conversion ratio of 260 words per page and reduce the word limits accordingly. Rule 8016(d)(2) adopts the same reduced word limits. In a complex case, a party may need to file a brief that exceeds the type-volume limitations specified in these rules, such as to include unusually voluminous information explaining relevant background or legal provisions or to respond to multiple briefs by opposing parties or amici. The Committee expects that courts will accommodate those situations by granting leave to exceed the type-volume limitations as appropriate. Subdivision (d) is amended to refer to new Rule 8015(h) (which now contains the certificate-of-compliance provision formerly in Rule 8015(a)(7)(C)). Rule 8017. Brief of an Amicus Curiae (a) During Initial Consideration of a Case on the Merits. (1)  Applicability (2)  When Permitted (3)  Motion for Leave to File (A) the movants interest; and (B) the reason why an amicus brief is desirable and why the matters asserted are relevant to the disposition of the appeal. (4)  Contents and Form (A) a table of contents, with page references; (B) a table of authoritiescases (alphabetically arranged), statutes, and other authoritieswith references to the pages of the brief where they are cited; (C) a concise statement of the identity of the amicus curiae, its interest in the case, and the source of its authority to file; (D) unless the amicus curiae is one listed in the first sentence of subdivision (a)(2), a statement that indicates whether: (i) a partys counsel authored the brief in whole or in part; (ii) a party or a partys counsel contributed money that was intended to fund preparing or submitting the brief; and (iii) a personother than the amicus curiae, its members, or its counsel contributed money that was intended to fund preparing or submitting the brief and, if so, identifies each such person; (E) an argument, which may be preceded by a summary and need not include a statement of the applicable standard of review; and (F) a certificate of compliance, if required by Rule 8015(h). (5)  Length (6)  Time for Filing (7)  Reply Brief (8)  Oral Argument (b) During Consideration of Whether to Grant Rehearing. (1)  Applicability (2)  When Permitted (3)  Motion for Leave to File (4)  Contents, Form, and Length (5) Time for Filing (Added Apr. 25, 2014 Dec. 1, 2014 Apr. 26, 2018 Dec. 1, 2018  Prior Rule A prior Rule 8017, Apr. 25, 1983 Aug. 1, 1983 Mar. 26, 2009 Dec. 1, 2009 Apr. 25, 2014 Dec. 1, 2014 Committee Notes on Rules2014 This rule is derived from F.R.App.P. 29. The former Part VIII rules did not address the participation by an amicus curiae in a bankruptcy appeal. Subdivision (a) adopts the provisions of F.R.App.P. 29(a). In addition, it authorizes the district court or BAP on its own motionwith notice to the partiesto request the filing of a brief by an amicus curiae. Subdivisions (b)(g) adopt F.R.App.P. 29(b)(g). Changes Made After Publication and Comment Committee Notes on Rules2018 Amendment Rule 8017 is amended to conform to the recent amendment to F.R.App.P. 29, which now addresses amicus filings in connection with petitions for rehearing. Former Rule 8017 is renumbered Rule 8017(a), and language is added to that subdivision (a) to state that its provisions apply to amicus filings during the district courts or BAPs initial consideration of a case on the merits. New subdivision (b) is added to address amicus filings in connection with a motion for rehearing. Subdivision (b) sets default rules that apply when a district court or BAP does not provide otherwise by local rule or by order in a case. A court remains free to adopt different rules governing whether amicus filings are permitted in connection with motions for rehearing and the procedures when such filings are permitted. The amendment to subdivision (a)(2) authorizes orders or local rules that prohibit the filing of or permit the striking of an amicus brief by party consent if the brief would result in a judges disqualification. The amendment does not alter or address the standards for when an amicus brief requires a judges disqualification. It is modeled on an amendment to F.R.App.P. 29(a). A comparable amendment to subdivision (b) is not necessary. Subdivision (b)(1) authorizes local rules and orders governing filings during a courts consideration of whether to grant rehearing. These local rules or orders may prohibit the filing of or permit the striking of an amicus brief that would result in a judges disqualification. In addition, under subdivision (b)(2), a court may deny leave to file an amicus brief that would result in a judges disqualification. Rule 8018. Serving and Filing Briefs; Appendices (a)  Time to Serve and File a Brief The following rules apply unless the district court or BAP by order in a particular case excuses the filing of briefs or specifies different time limits: (1) The appellant must serve and file a brief within 30 days after the docketing of notice that the record has been transmitted or is available electronically. (2) The appellee must serve and file a brief within 30 days after service of the appellants brief. (3) The appellant may serve and file a reply brief within 14 days after service of the appellees brief, but a reply brief must be filed at least 7 days before scheduled argument unless the district court or BAP, for good cause, allows a later filing. (4) If an appellant fails to file a brief on time or within an extended time authorized by the district court or BAP, an appellee may move to dismiss the appealor the district court or BAP, after notice, may dismiss the appeal on its own motion. An appellee who fails to file a brief will not be heard at oral argument unless the district court or BAP grants permission. (b) Duty to Serve and File an Appendix to the Brief. (1)  Appellant (A) the relevant entries in the bankruptcy docket; (B) the complaint and answer, or other equivalent filings; (C) the judgment, order, or decree from which the appeal is taken; (D) any other orders, pleadings, jury instructions, findings, conclusions, or opinions relevant to the appeal; (E) the notice of appeal; and (F) any relevant transcript or portion of it. (2)  Appellee (3)  Cross-Appellee (c)  Format of the Appendix The appendix must begin with a table of contents identifying the page at which each part begins. The relevant docket entries must follow the table of contents. Other parts of the record must follow chronologically. When pages from the transcript of proceedings are placed in the appendix, the transcript page numbers must be shown in brackets immediately before the included pages. Omissions in the text of documents or of the transcript must be indicated by asterisks. Immaterial formal matters (captions, subscriptions, acknowledgments, and the like) should be omitted. (d)  Exhibits Exhibits designated for inclusion in the appendix may be reproduced in a separate volume or volumes, suitably indexed. (e)  Appeal on the Original Record Without an Appendix The district court or BAP may, either by rule for all cases or classes of cases or by order in a particular case, dispense with the appendix and permit an appeal to proceed on the original record, with the submission of any relevant parts of the record that the district court or BAP orders the parties to file. (Added Apr. 25, 2014 Dec. 1, 2014  Prior Rule A prior Rule 8018, Apr. 25, 1983 Aug. 1, 1983 Mar. 30, 1987 Aug. 1, 1987 Apr. 27, 1995 Dec. 1, 1995 Apr. 25, 2014 Dec. 1, 2014 Committee Notes on Rules2014 This rule is derived from former Rule 8009 and F.R.App.P. 30 and 31. Like former Rule 8009, it addresses the timing of serving and filing briefs and appendices, as well as the content and format of appendices. Rule 8011 governs the methods of filing and serving briefs and appendices. The rule retains the bankruptcy practice of permitting the appellee to file its own appendix, rather than requiring the appellant to include in its appendix matters designated by the appellee. Rule 8016 governs the timing of serving and filing briefs when a cross-appeal is taken. This rules provisions about appendices apply to all appeals, including cross-appeals. Subdivision (a) retains former Rule 8009s provision that allows the district court or BAP to dispense with briefing or to provide different time periods than this rule specifies. It increases some of the time periods for filing briefs from the periods prescribed by the former rule, while still retaining shorter time periods than some provided by F.R.App.P. 31(a). The time for filing the appellants brief is increased from 14 to 30 days after the docketing of the notice of the transmission of the record or notice of the availability of the record. That triggering event is equivalent to docketing the appeal under former Rule 8007. Appellate Rule 31(a)(1), by contrast, provides the appellant 40 days after the record is filed to file its brief. The shorter time period for bankruptcy appeals reflects the frequent need for greater expedition in the resolution of bankruptcy appeals, while still providing the appellant more time to prepare its brief than the former rule provided. Subdivision (a)(2) similarly expands the time period for filing the appellees brief from 14 to 30 days after the service of the appellants brief. This period is the same as F.R.App.P. 31(a)(1) provides. Subdivision (a)(3) retains the 14-day time period for filing a reply brief that the former rule prescribed, but it qualifies that period to ensure that the final brief is filed at least 7 days before oral argument. If a district court or BAP has a mediation procedure for bankruptcy appeals, that procedure could affect when briefs must be filed. See Subdivision (a)(4) is new. Based on F.R.App.P. 31(c), it provides for actions that may be takendismissal of the appeal or denial of participation in oral argumentif the appellant or appellee fails to file its brief. Subdivisions (b) and (c) govern the content and format of the appendix to a brief. Subdivision (b) is similar to former Rule 8009(b), and subdivision (c) is derived from F.R.App.P. 30(d). Subdivision (d), which addresses the inclusion of exhibits in the appendix, is derived from F.R.App.P. 30(e). Changes Made After Publication and Comment Rule 8018.1. District-Court Review of a Judgment that the Bankruptcy Court Lacked the Constitutional Authority to Enter  If, on appeal, a district court determines that the bankruptcy court did not have the power under Article III of the Constitution to enter the judgment, order, or decree appealed from, the district court may treat it as proposed findings of fact and conclusions of law. (Added Apr. 26, 2018 Dec. 1, 2018  Committee Notes on Rules2018 This rule is new. It is added to prevent a district court from having to remand an appeal whenever it determines that the bankruptcy court lacked constitutional authority to enter the judgment, order, or decree appealed from. Consistent with the Supreme Courts decision in Executive Benefits Ins. Agency v. Arkison see Rule 8019. Oral Argument (a)  Partys Statement Any party may file, or a district court or BAP may require, a statement explaining why oral argument should, or need not, be permitted. (b)  Presumption of Oral Argument and Exceptions Oral argument must be allowed in every case unless the district judgeor all the BAP judges assigned to hear the appealexamine the briefs and record and determine that oral argument is unnecessary because (1) the appeal is frivolous; (2) the dispositive issue or issues have been 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. (c)  Notice of Argument; Postponement The district court or BAP must advise all parties of the date, time, and place for oral argument, and the time allowed for each side. A motion to postpone the argument or to allow longer argument must be filed reasonably in advance of the hearing date. (d)  Order and Contents of Argument The appellant opens and concludes the argument. Counsel must not read at length from briefs, the record, or authorities. (e)  Cross-Appeals and Separate Appeals If there is a cross-appeal, Rule 8016(b) determines which party is the appellant and which is the appellee for the purposes of oral argument. Unless the district court or BAP directs otherwise, a cross-appeal or separate appeal must be argued when the initial appeal is argued. Separate parties should avoid duplicative argument. (f)  Nonappearance of a Party If the appellee fails to appear for argument, the district court or BAP may hear the appellants argument. If the appellant fails to appear for argument, the district court or BAP may hear the appellees argument. If neither party appears, the case will be decided on the briefs unless the district court or BAP orders otherwise. (g)  Submission on Briefs The parties may agree to submit a case for decision on the briefs, but the district court or BAP may direct that the case be argued. (h)  Use of Physical Exhibits at Argument; Removal Counsel intending to use physical exhibits other than documents at the argument must arrange to place them in the courtroom on the day of the argument before the court convenes. After the argument, counsel must remove the exhibits from the courtroom unless the district court or BAP directs otherwise. The clerk may destroy or dispose of the exhibits if counsel does not reclaim them within a reasonable time after the clerk gives notice to remove them. (Added Apr. 25, 2014 Dec. 1, 2014  Prior Rule A prior Rule 8019, Apr. 25, 1983 Aug. 1, 1983 Mar. 30, 1987 Aug. 1, 1987 Apr. 25, 2014 Dec. 1, 2014 Committee Notes on Rules2014 This rule generally retains the provisions of former Rule 8012 and adds much of the additional detail of F.R.App.P. 34. By incorporating the more detailed provisions of the appellate rule, Rule 8019 promotes national uniformity regarding oral argument in bankruptcy appeals. Subdivision (a), like F.R.App.P. 34(a)(1), now allows a party to submit a statement explaining why oral argument is or is not needed. It also authorizes a court to require this statement. Former Rule 8012 only authorized statements explaining why oral argument should be allowed. Subdivision (b) retains the reasons set forth in former Rule 8012 for the district court or BAP to conclude that oral argument is not needed. The remainder of this rule adopts the provisions of F.R.App.P. 34(b)(g), with one exception. Rather than requiring the district court or BAP to hear appellants argument if the appellee does not appear, subdivision (f) authorizes the district court or BAP to go forward with the argument in the appellees absence. Should the court decide, however, to postpone the oral argument in that situation, it would be authorized to do so. Changes Made After Publication and Comment Rule 8020. Frivolous Appeal and Other Misconduct (a)  Frivolous AppealDamages and Costs If the district court or BAP determines that an appeal is frivolous, it may, after a separately filed motion or notice from the court and reasonable opportunity to respond, award just damages and single or double costs to the appellee. (b)  Other Misconduct The district court or BAP may discipline or sanction an attorney or party appearing before it for other misconduct, including failure to comply with any court order. First, however, the court must afford the attorney or party reasonable notice, an opportunity to show cause to the contrary, and, if requested, a hearing. (Added Apr. 25, 2014 Dec. 1, 2014  Prior Rule A prior Rule 8020, Apr. 11, 1997 Dec. 1, 1997 Apr. 25, 2014 Dec. 1, 2014 Committee Notes on Rules2014 This rule is derived from former Rule 8020 and F.R.App.P. 38 and 46(c). Subdivision (a) permits an award of damages and costs to an appellee for a frivolous appeal. Subdivision (b) permits the district court or BAP to impose on parties as well as their counsel sanctions for misconduct other than taking a frivolous appeal. Failure to comply with a court order, for which sanctions may be imposed, may include a failure to comply with a local court rule. Changes Made After Publication and Comment Rule 8021. Costs (a)  Against Whom Assessed The following rules apply unless the law provides or the district court or BAP orders otherwise: (1) if an appeal is dismissed, costs are taxed against the appellant, unless the parties agree otherwise; (2) if a judgment, order, or decree is affirmed, costs are taxed against the appellant; (3) if a judgment, order, or decree is reversed, costs are taxed against the appellee; (4) if a judgment, order, or decree is affirmed or reversed in part, modified, or vacated, costs are taxed only as the district court or BAP orders. (b)  Costs For and Against the United States Costs for or against the United States, its agency, or its officer may be assessed under subdivision (a) only if authorized by law. (c)  Costs on Appeal Taxable in the Bankruptcy Court The following costs on appeal are taxable in the bankruptcy court for the benefit of the party entitled to costs under this rule: (1) the production of any required copies of a brief, appendix, exhibit, or the record; (2) the preparation and transmission of the record; (3) the reporters transcript, if needed to determine the appeal; (4) premiums paid for a bond or other security to preserve rights pending appeal; and (5) the fee for filing the notice of appeal. (d)  Bill of Costs; Objections A party who wants costs taxed must, within 14 days after entry of judgment on appeal, file with the bankruptcy clerk and serve an itemized and verified bill of costs. Objections must be filed within 14 days after service of the bill of costs, unless the bankruptcy court extends the time. (Added Apr. 25, 2014 Dec. 1, 2014 Apr. 26, 2018 Dec. 1, 2018 Apr. 27, 2020 Dec. 1, 2020  Committee Notes on Rules2014 This rule is derived from former Rule 8014 and F.R.App.P. 39. It retains the former rules authorization for taxing appellate costs against the losing party and its specification of the costs that may be taxed. The rule also incorporates some of the additional details regarding the taxing of costs contained in F.R.App.P. 39. Consistent with former Rule 8014, the bankruptcy clerk has the responsibility for taxing all costs. Subdivision (b), derived from F.R.App.P. 39(b), clarifies that additional authority is required for the taxation of costs by or against federal governmental parties. Changes Made After Publication and Comment Committee Notes on Rules2018 Amendment The amendment of subdivision (c) conforms this rule with the amendment of F.R.Civ.P. 62, which is made applicable in adversary proceedings by Rule 7062. Rule 62 formerly required a party to provide a supersedeas bond to obtain a stay of the judgment and proceedings to enforce the judgment. As amended, Rule 62(b) allows a party to obtain a stay by providing a bond or other security. Committee Notes on Rules2020 Amendment Subdivision (d) is amended to delete the reference to proof of service. This change reflects the recent amendment to Rule 8011(d) that eliminated the requirement of proof of service when filing and service are completed using a courts electronic-filing system. Rule 8022. Motion for Rehearing (a) Time to File; Contents; Response; Action by the District Court or BAP if Granted. (1)  Time (2)  Contents (3)  Response (4)  Action by the District Court or BAP (A) make a final disposition of the appeal without reargument; (B) restore the case to the calendar for reargument or resubmission; or (C) issue any other appropriate order. (b)  Form of the Motion; Length The motion must comply in form with Rule 8013(f)(1) and (2). Copies must be served and filed as provided by Rule 8011. Except by the district courts or BAPs permission: (1) a motion for rehearing produced using a computer must include a certificate under Rule 8015(h) and not exceed 3,900 words; and (2) a handwritten or typewritten motion must not exceed 15 pages. (Added Apr. 25, 2014 Dec. 1, 2014 Apr. 26, 2018 Dec. 1, 2018  Committee Notes on Rules2014 This rule is derived from former Rule 8015 and F.R.App.P. 40. It deletes the provision of former Rule 8015 regarding the time for appeal to the court of appeals because the matter is addressed by F.R.App.P. 6(b)(2)(A). Changes Made After Publication and Comment Committee Notes on Rules2018 Amendment Subdivision (b) is amended to conform to the recent amendment to F.R.App.P. 40(b), which was one of several appellate rules in which word limits were substituted for page limits for documents prepared by computer. The word limits were derived from the previous page limits using the assumption that one page is equivalent to 260 words. Documents produced using a computer must include the certificate of compliance required by Rule 8015(h); completion of Official Form 417C suffices to meet that requirement. Page limits are retained for papers prepared without the aid of a computer (i.e., handwritten or typewritten papers). For both the word limit and the page limit, the calculation excludes any items listed in Rule 8015(g). Rule 8023. Voluntary Dismissal (a)  Stipulated Dismissal The clerk of the district court or BAP must dismiss an appeal if the parties file a signed dismissal agreement specifying how costs are to be paid and pay any court fees that are due. (b)  Appellants Motion to Dismiss An appeal may be dismissed on the appellants motion on terms agreed to by the parties or fixed by the district court or BAP. (c)  Other Relief A court order is required for any relief under Rule 8023(a) or (b) beyond the dismissal of an appealincluding approving a settlement, vacating an action of the bankruptcy court, or remanding the case to it. (d)  Court Approval This rule does not alter the legal requirements governing court approval of a settlement, payment, or other consideration. (Added Apr. 25, 2014 Dec. 1, 2014 Apr. 11, 2022 Dec. 1, 2022  Committee Notes on Rules2014 This rule is derived from former Rule 8001(c) and F.R.App.P. 42. The provision of the former rule regarding dismissal of appeals in the bankruptcy court prior to docketing of the appeal has been deleted. Now that docketing occurs promptly after a notice of appeal is filed, see The rule retains the provision of the former rule that the district or BAP clerk must dismiss an appeal upon the parties agreement. District courts and BAPs continue to have discretion to dismiss an appeal on an appellants motion. Nothing in the rule prohibits a district court or BAP from dismissing an appeal for other reasons authorized by law, such as the failure to prosecute an appeal. Changes Made After Publication and Comment Committee Notes on Rules2022 Amendment The amendment is intended to conform the rule to the revised version of Appellate Rule 42(b) on which it was modelled. It clarifies that the fees that must be paid are court fees, not attorneys fees. The rule does not alter the legal requirements governing court approval of a settlement, payment, or other consideration. See, e.g. Rule 8024. Clerks Duties on Disposition of the Appeal (a)  Judgment on Appeal The district or BAP clerk must prepare, sign, and enter the judgment after receiving the courts opinion or, if there is no opinion, as the court instructs. Noting the judgment on the docket constitutes entry of judgment. (b)  Notice of a Judgment Immediately upon the entry of a judgment, the district or BAP clerk must: (1) transmit a notice of the entry to each party to the appeal, to the United States trustee, and to the bankruptcy clerk, together with a copy of any opinion; and (2) note the date of the transmission on the docket. (c)  Returning Physical Items If any physical items were transmitted as the record on appeal, they must be returned to the bankruptcy clerk on disposition of the appeal. (Added Apr. 25, 2014 Dec. 1, 2014  Committee Notes on Rules2014 This rule is derived from former Rule 8016, which was adapted from F.R.App.P. 36 and 45(c) and (d). The rule is reworded to reflect that only items in the record that are physically, as opposed to electronically, transmitted to the district court or BAP need to be returned to the bankruptcy clerk. Other changes to the former rule are stylistic. Changes Made After Publication and Comment Rule 8025. Stay of a District Court or BAP Judgment (a)  Automatic Stay of Judgment on Appeal Unless the district court or BAP orders otherwise, its judgment is stayed for 14 days after entry. (b) Stay Pending Appeal to the Court of Appeals. (1)  In General (2)  Time Limit (3)  Stay Continued (4)  Bond or Other Security (c)  Automatic Stay of an Order, Judgment, or Decree of a Bankruptcy Court If the district court or BAP enters a judgment affirming an order, judgment, or decree of the bankruptcy court, a stay of the district courts or BAPs judgment automatically stays the bankruptcy courts order, judgment, or decree for the duration of the appellate stay. (d)  Power of a Court of Appeals Not Limited This rule does not limit the power of a court of appeals or any of its judges to do the following: (1) stay a judgment pending appeal; (2) stay proceedings while an appeal is pending; (3) suspend, modify, restore, vacate, or grant a stay or an injunction while an appeal is pending; or (4) issue any order appropriate to preserve the status quo or the effectiveness of any judgment to be entered. (Added Apr. 25, 2014 Dec. 1, 2014  Committee Notes on Rules2014 This rule is derived from former Rule 8017. Most of the changes to the former rule are stylistic. Subdivision (c) is new. It provides that if a district court or BAP affirms the bankruptcy court ruling and the appellate judgment is stayed, the bankruptcy courts order, judgment, or decree that is affirmed on appeal is automatically stayed to the same extent as the stay of the appellate judgment. Changes Made After Publication and Comment Rule 8026. Rules by Circuit Councils and District Courts; Procedure When There is No Controlling Law (a) Local Rules by Circuit Councils and District Courts. (1)  Adopting Local Rules (2)  Numbering (3)  Limitation on Imposing Requirements of Form (b) Procedure When There is No Controlling Law. (1)  In General (2)  Limitation on Sanctions (Added Apr. 25, 2014 Dec. 1, 2014  Committee Notes on Rules2014 This rule is derived from former Rule 8018. The changes to the former rule are stylistic. Changes Made After Publication and Comment  References in Text The Federal Rules of Civil Procedure, referred to in subd. (a)(1), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. Rule 8027. Notice of a Mediation Procedure If the district court or BAP has a mediation procedure applicable to bankruptcy appeals, the clerk must notify the parties promptly after docketing the appeal of: (a) the requirements of the mediation procedure; and (b) any effect the mediation procedure has on the time to file briefs. (Added Apr. 25, 2014 Dec. 1, 2014  Committee Notes on Rules2014 This rule is new. It requires the district or BAP clerk to advise the parties promptly after an appeal is docketed of any court mediation procedure that is applicable to bankruptcy appeals. The notice must state what the mediation requirements are and how the procedure affects the time for filing briefs. Changes Made After Publication and Comment Rule 8028. Suspension of Rules in Part VIII  In the interest of expediting decision or for other cause in a particular case, the district court or BAP, or where appropriate the court of appeals, may suspend the requirements or provisions of the rules in Part VIII, except Rules 8001, 8002, 8003, 8004, 8005, 8006, 8007, 8012, 8020, 8024, 8025, 8026, and 8028. (Added Apr. 25, 2014 Dec. 1, 2014  Committee Notes on Rules2014 This rule is derived from former Rule 8019 and F.R.App.P. 2. To promote uniformity of practice and compliance with statutory authority, the rule includes a more extensive list of requirements that may not be suspended than either the former rule or the Federal Rules of Appellate Procedure provide. Rules governing the following matters may not be suspended:  scope of the rules; definition of BAP; method of transmission;  time for filing a notice of appeal;  taking an appeal as of right;  taking an appeal by leave;  election to have an appeal heard by a district court instead of a BAP;  certification of direct appeal to a court of appeals;  stay pending appeal;  corporate disclosure statement;  sanctions for frivolous appeals and other misconduct;  clerks duties on disposition of an appeal;  stay of a district courts or BAPs judgment;  local rules; and  suspension of the Part VIII rules. Changes Made After Publication and Comment PART IX GENERAL PROVISIONS Rule 9001. General Definitions The definitions of words and phrases in  101, 902, 1101, and 1502 of the Code, and the rules of construction in  102, govern their use in these rules. In addition, the following words and phrases used in these rules have the meanings indicated: (1) Bankruptcy clerk means a clerk appointed pursuant to 28 U.S.C.  156(b). (2) Bankruptcy Code or Code means title 11 of the United States Code. (3) Clerk means bankruptcy clerk, if one has been appointed, otherwise clerk of the district court. (4) Court or judge means the judicial officer before whom a case or proceeding is pending. (5) Debtor. When any act is required by these rules to be performed by a debtor or when it is necessary to compel attendance of a debtor for examination and the debtor is not a natural 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 Aug. 1, 1987 Apr. 30, 1991 Aug. 1, 1991 Apr. 25, 2005 Dec. 1, 2005 Apr. 28, 2010 Dec. 1, 2010  Notes of Advisory Committee on Rules1987 Amendment The terms bankruptcy clerk and clerk have been defined to reflect that unless otherwise stated, for the purpose of these rules, the terms are meant to identify the court officer for the bankruptcy records. If a bankruptcy clerk is appointed, all filings are made with the bankruptcy clerk. If one has not been appointed, all filings are with the clerk of the district court. Rule 5005. The rule is also amended to include a definition of court or judge. Since a case or proceeding may be before a bankruptcy judge or a judge of the district court, court or judge is defined to mean the judicial officer before whom the case or proceeding is pending. Notes of Advisory Committee on Rules1991 Amendment Section 582 of title 28 Committee Notes on Rules2005 Amendment The rule is amended to add the definition of a notice provider and to renumber the final three definitions in the rule. A notice provider is an entity approved by the Administrative Office of the United States Courts to enter into agreements with entities to give notice to those entities in the form and manner agreed to by those parties. The new definition supports the amendment to Rule 2002(g)(4) that authorizes a notice provider to give notices under Rule 2002. Many entities conduct business on a national scale and receive vast numbers of notices in bankruptcy cases throughout the country. Those entities can agree with a notice provider to receive their notices in a form and at an address or addresses that the creditor and notice provider agree upon. There are processes currently in use that provide substantial assurance that notices are not misdirected. Any notice provider would have to demonstrate to the Administrative Office of the United States Courts that it could provide the service in a manner that ensures the proper delivery of notice to creditors. Once the Administrative Office of the United States Courts approves the notice provider to enter into agreements with creditors, the notice provider and other entities can establish the relationship that will govern the delivery of notices in cases as provided in Rule 2002(g)(4). Changes Made After Publication and Comment Committee Notes on Rules2010 Amendment The rule is amended to add  1502 of the Code to the list of definitional provisions that are applicable to the Rules. That section was added to the Code by the 2005 amendments. Changes Made After Publication  References in Text The Bankruptcy Act of 1898 as amended, referred to in pars. (1) and (2), is act July 1, 1898, ch. 541 30 Stat. 544 Oct. 1, 1979 Pub. L. 95598 Nov. 6, 1978 92 Stat. 2682 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.  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 Aug. 1, 1987 Apr. 22, 1993 Aug. 1, 1993  Notes of Advisory Committee on Rules1993 Amendment This rule is revised to include the words district judge in anticipation of amendments to the Federal Rules of Civil Procedure.  References in Text The Federal Rules of Civil Procedure, referred to in text, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. 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 Aug. 1, 1987 Apr. 30, 1991 Aug. 1, 1991  Notes of Advisory Committee on Rules1983 This rule regulates the actions of parties in interest and their attorneys or others employed by parties in interest. This regulation of the conduct of parties in interest and their representative is designed to insure that the bankruptcy system operates fairly and that no appearance of unfairness is created. See H. Rep. No. 95595, 95th Cong., 1st Sess. 95 et seq. (1977). This rule is not a substitute for or limitation of any applicable canon of professional responsibility or judicial conduct. See, e.g Notes of Advisory Committee on Rules1987 Amendment This rule is amended to apply to both the bankruptcy judges and the district judges of the district. Notes of Advisory Committee on Rules1991 Amendment Subdivision (a) Subdivision (b) 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.  Notes of Advisory Committee on Rules1983 Subdivision (b) 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.   References in Text The Federal Rules of Civil Procedure, referred to in text, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. Rule 9005.1. Constitutional Challenge to a StatuteNotice, Certification, and Intervention  Rule 5.1 F.R.Civ.P. applies in cases under the Code. (Added Apr. 30, 2007 Dec. 1, 2007  Committee Notes on Rules2007 The rule is added to adopt the new rule added to the Federal Rules of Civil Procedure. The new Civil Rule replaces Rule 24(c) F. R. Civ. P., so the cross reference to Civil Rule 24 contained in Rule 7024 is no longer sufficient to bring the provisions of new Civil Rule 5.1 into adversary proceedings. This rule also makes Civil Rule 5.1 applicable to all contested matters and other proceedings within the bankruptcy case. Changes After Publication  References in Text The Federal Rules of Civil Procedure, referred to in text, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. Rule 9006. Computing and Extending Time; Time for Motion Papers (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 (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 (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 Clerks Office (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 (A) for electronic filing, at midnight in the courts time zone; and (B) for filing by other means, when the clerks office is scheduled to close. (5)  Next Day Defined (6)  Legal Holiday Defined (A) the day set aside by statute for observing New Years Day, Martin Luther King Jr.s Birthday, Washingtons Birthday, Memorial Day, Juneteenth National Independence 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 (2)  Enlargement Not Permitted (3)  Enlargement Governed By Other Rules (c)  Reduction (1)  In General (2)  Reduction Not Permitted (d)  Motion Papers 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. Except as otherwise provided in Rule 9023, any written response shall be served not later than one day before the hearing, unless the court permits otherwise. (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 or When there is a right or requirement to act or undertake some proceedings within a prescribed period after being served and that service is by mail or under Rule 5(b)(2)(D) (leaving with the clerk) or (F) (other means consented to) 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 courts authority under  557 of the Code to enter orders governing procedures in cases in which the debtor is an owner or operator of a grain storage facility. (As amended Mar. 30, 1987 Aug. 1, 1987 Apr. 25, 1989 Aug. 1, 1989 Apr. 30, 1991 Aug. 1, 1991 Apr. 23, 1996 Dec. 1, 1996 Apr. 26, 1999 Dec. 1, 1999 Apr. 23, 2001 Dec. 1, 2001 Apr. 25, 2005 Dec. 1, 2005 Apr. 23, 2008 Dec. 1, 2008 Mar. 26, 2009 Dec. 1, 2009 Apr. 16, 2013 Dec. 1, 2013 Apr. 28, 2016 Dec. 1, 2016 Apr. 24, 2023 Dec. 1, 2023  Notes of Advisory Committee on Rules1983 Subdivision (a) Subdivision (b) Paragraph (1) of this subdivision confers on the court discretion generally to authorize extensions of time for doing acts required or allowed by these rules or orders of court. The exceptions to this general authority to extend the time are contained in paragraphs (2) and (3). In the interest of prompt administration of bankruptcy cases certain time periods may not be extended. Paragraph (2) lists the rules which establish time periods which may not be extended: Rule 1007(d), time for filing a list of 20 largest creditors; Rule 1017(b)(3), 30 day period for sending notice of dismissal for failure to pay the filing fee; Rule 1019(2), 20 day period for notice of conversion to a chapter 7 case; Rule 2003(a), meeting of creditors not more than 40 days after order for relief; Rule 2003(d), 10 days for filing a motion for resolution of an election dispute; Rule 3014, time for the  1111(b)(2) election; Rule 4001(b), expiration of stay 30 days following the commencement of final hearing; Rule 7052(b), 10 day period to move to amend findings of fact; Rule 9015(f), 20 day period to move for judgment notwithstanding the verdict; Rule 9023, 10 day period to move for a new trial; and Rule 9024, time to move for relief from judgment. Many rules which establish a time for doing an act also contain a specific authorization and standard for granting an extension of time and, in some cases, limit the length of an extension. In some instances it would be inconsistent with the objective of the rule and sound administration of the case to permit extension under Rule 9006(b)(1), but with respect to the other rules it is appropriate that the power to extend time be supplemented by Rule 9006(b)(1). Unless a rule which contains a specific authorization to extend time is listed in paragraph (3) of this subdivision, an extension of the time may be granted under paragraph (1) of this subdivision. If a rule is included in paragraph (3) an extension may not be granted under paragraph (1). The following rules are listed in paragraph (3): Rule 1006(b)(2), time for paying the filing fee in installments; Rule 3002(c), 90 day period for filing a claim in a chapter 7 or 13 case; Rule 4003(b), 30 days for filing objections to a claim of exemptions; Rule 4004(a), 60 day period to object to a discharge; Rule 4007(b), 60 day period to file a dischargeability complaint; and Rule 8002, 10 days for filing a notice of appeal. Subdivision (c) Subdivision (d) Subdivision (f) Notes of Advisory Committee on Rules1987 Amendment Subdivision (a) Subdivision (b) Subdivision (c) Subdivision (g) The original Advisory Committee Note to this rule included the 25 day notice period of Rule 2002(b) as a time period which may not be reduced under Rule 9006(c)(2). This was an error. Notes of Advisory Committee on Rules1989 Amendment Prior to 1987, subdivision (a) provided that intermediate weekends and legal holidays would not be counted in the computation of a time period if the prescribed or allowed time was less than 7 days. This rule was amended in 1987 to conform to Fed. R. Civ. P. 6(a) which provides for the exclusion of intermediate weekends and legal holidays if the time prescribed or allowed is less than 11 days. An undesirable result of the 1987 amendment was that 10-day time periods prescribed in the interest of prompt administration of bankruptcy cases were extended to at least 14 calendar days. As a result of the present amendment, 10-day time periods prescribed or allowed will no longer be extended to at least 14 calendar days because of intermediate weekends and legal holidays. Notes of Advisory Committee on Rules1991 Amendment As a result of the 1989 amendment to this rule, the method of computing time under subdivision (a) is not the same as the method of computing time under Rule 6(a) F.R.Civ.P. Subdivision (a) is amended to provide that it governs the computation of time periods prescribed by the Federal Rules of Civil Procedure when the Bankruptcy Rules make a civil rule applicable to a bankruptcy case or proceeding. Subdivision (b)(2) Subdivision (b)(3) Notes of Advisory Committee on Rules1996 Amendment Subdivision (c)(2) is amended to conform to the abrogation of Rule 2002(a)(4) and the renumbering of Rule 2002(a)(8) to Rule 2002(a)(7). GAP Report on Rule 9006 Committee Notes on Rules1999 Amendment Rule 9006(b)(2) is amended to conform to the abrogation of Rule 1017(b)(3). GAP Report on Rule 9006 See Committee Notes on Rules2001 Amendment Rule 5(b) F. R. Civ. P., which is made applicable in adversary proceedings by Rule 7005, is being restyled and amended to authorize service by electronic meansor any other means not otherwise authorized under Rule 5(b)if consent is obtained from the person served. The amendment to Rule 9006(f) is intended to extend the three-day mail rule to service under Rule 5(b)(2)(D), including service by electronic means. The three-day rule also will apply to service under Rule 5(b)(2)(C) F. R. Civ. P. when the person served has no known address and the paper is served by leaving a copy with the clerk of the court. Changes Made After Publication and Comments Committee Notes on Rules2005 Amendment Rule 9006(f) is amended, consistent with a corresponding amendment to Rule 6(e) of the F.R. Civ. P., to clarify the method of counting the number of days to respond after service either by mail or under Civil Rule 5(b)(2)(C) or (D). Three days are added after the prescribed period expires. If, before the application of Rule 9006(f), the prescribed period is less than 8 days, intervening Saturdays, Sundays, and legal holidays are excluded from the calculation under Rule 9006(a). Some illustrations may be helpful. Under existing Rule 9006(a), assuming that there are no legal holidays and that a response is due in seven days, if a paper is filed on a Monday, the seven day response period commences on Tuesday and concludes on Wednesday of the next week. Adding three days to the end of the period would extend it to Saturday, but because the response period ends on a weekend, the response day would be the following Monday, two weeks after the filing of the initial paper. If the paper is filed on a Tuesday, the seven-day response period would end on the following Thursday, and the response time would also be the following Monday. If the paper is mailed on a Wednesday, the initial seven-day period would expire nine days later on a Friday, but the response would again be due on the following Monday because of Rule 9006(f). If the paper is mailed on a Thursday, however, the seven day period ends on Monday, eleven days after the mailing of the service because of the exclusion of the two intervening Saturdays and Sundays. The response is due three days later on the following Thursday. If the paper is mailed on a Friday, the seven day period would conclude on a Tuesday, and the response is due three days later on a Friday. No other change in the system of counting time is intended. Other changes are stylistic. Changes Made After Publication and Comment Committee Notes on Rules2008 Amendment Subdivision (b)(3) is amended to implement  1116(3) of the Code, as amended by the 2005 amendments, which places specific limits on the extension of time for filing schedules and statements of financial affairs in a small business case. Subdivisions (b)(3) and (c)(2) are amended to provide that enlargement or reduction of the time to file the statement of completion of a personal financial management course required by Rule 1007(b)(7) are governed by Rule 1007(c). Likewise, the amendments to subdivisions (b)(3) and (c)(2) recognize that the enlargement of time to file a reaffirmation agreement is governed by Rule 4008(a), and that reduction of the time provided under that rule is not permitted. Other amendments are stylistic. Changes Made After Publication Committee Notes on Rules2009 Amendment Subdivision (a) The time-computation provisions of subdivision (a) apply only when a time period must be computed. They do not apply when a fixed time to act is set. The amendments thus carry forward the approach taken in Violette v. P.A. Days, Inc. In re American Healthcare Management, Inc. November 1, 2007 Subdivision (a) does not apply when computing a time period set by a statute if the statute specifies a method of computing time. See, e.g. Subdivision (a)(1) See, e.g. Under former Rule 9006(a), a period of eight days or more was computed differently than a period of less than eight days. Intermediate Saturdays, Sundays, and legal holidays were included in computing the longer periods, but excluded in computing the shorter periods. Former Rule 9006(a) thus made computing deadlines unnecessarily complicated and led to counterintuitive results. Under new subdivision (a)(1), all deadlines stated in days (no matter the length) are computed in the same way. The day of the event that triggers the deadline is not counted. All other daysincluding intermediate Saturdays, Sundays, and legal holidaysare counted, with only one exception: If the period ends on a Saturday, Sunday, or legal holiday, then the deadline falls on the next day that is not a Saturday, Sunday, or legal holiday. An illustration is provided below in the discussion of subdivision (a)(5). Subdivision (a)(3) addresses filing deadlines that expire on a day when the clerks office is inaccessible. Where subdivision (a) formerly referred to the act, event, or default that triggers the deadline, new subdivision (a) refers simply to the event that triggers the deadline; this change in terminology is adopted for brevity and simplicity, and is not intended to change meaning. Periods previously expressed as less than eight days will be shortened as a practical matter by the decision to count intermediate Saturdays, Sundays, and legal holidays in computing all periods. Many of those periods have been lengthened to compensate for the change. See, e.g. Most of the 10-day periods were adjusted to meet the change in computation method by setting 14 days as the new period. See, e.g. Subdivision (a)(2) Under subdivision (a)(2), a deadline stated in hours starts to run immediately on the occurrence of the event that triggers the deadline. The deadline generally ends when the time expires. If, however, the time period expires at a specific time (say, 2:17 p.m.) on a Saturday, Sunday, or legal holiday, then the deadline is extended to the same time (2:17 p.m.) on the next day that is not a Saturday, Sunday, or legal holiday. Periods stated in hours are not to be rounded up to the next whole hour. Subdivision (a)(3) addresses situations when the clerks office is inaccessible during the last hour before a filing deadline expires. Subdivision (a)(2)(B) directs that every hour be counted. Thus, for example, a 72-hour period that commences at 10:23 a.m. on Friday, November 2, 2007 Subdivision (a)(3) Subdivision (a)(3)s extensions apply [u]nless the court orders otherwise. In some circumstances, the court might not wish a period of inaccessibility to trigger a full 24-hour extension; in those instances, the court can specify a briefer extension. The text of the rule no longer refers to weather or other conditions as the reason for the inaccessibility of the clerks office. The reference to weather was deleted from the text to underscore that inaccessibility can occur for reasons unrelated to weather, such as an outage of the electronic filing system. Weather can still be a reason for inaccessibility of the clerks office. The rule does not attempt to define inaccessibility. Rather, the concept will continue to develop through caselaw. See, e.g. When Is Office of Clerk of Court Inaccessible Due to Weather or Other Conditions for Purpose of Computing Time Period for Filing Papers under Rule 6(a) of Federal Rules of Civil Procedure See, e.g. Subdivision (a)(4) 28 U.S.C.  452 provides that [a]ll courts of the United States shall be deemed always open for the purpose of filing proper papers, issuing and returning process, and making motions and orders. A corresponding provision exists in Rule 5001(a). Some courts have held that these provisions permit an after-hours filing by handing the papers to an appropriate official. See, e.g. Casalduc v. Diaz Subdivision (a)(5) after See, e.g. A backward-looking time period requires something to be done within a period of time before See, e.g. after September 1, 2007 September 4, 2007 before Subdivision (a)(6) For forward-counted periods i.e. However, state legal holidays are not recognized in computing backward-counted periods. For both forward- and backward-counted periods, the rule thus protects those who may be unsure of the effect of state holidays. For forward-counted deadlines, treating state holidays the same as federal holidays extends the deadline. Thus, someone who thought that the federal courts might be closed on a state holiday would be safeguarded against an inadvertent late filing. In contrast, for backward-counted deadlines, not giving state holidays the treatment of federal holidays allows filing on the state holiday itself rather than the day before. Take, for example, Monday, April 21, 2008 Changes Made After Publication The Standing Committee changed Rule 9006(a)(6) to exclude state holidays from the definition of legal holiday for purposes of computing backward-counted periods; conforming changes were made to the Committee Note to subdivision (a)(6). In addition, the term possession was deleted from the definition of state in subdivision (a)(6), and a conforming change was made to the Committee Note. [ Subdivision (d)  5-day periods become 7-day periods  10-day periods become 14-day periods  15-day periods become 14-day periods  20-day periods become 21-day periods  25-day periods become 28-day periods Subdivision (f) is amended to conform to the changes made to Rule 5(b)(2) of the Federal Rules of Civil Procedure as a part of the Civil Rules Restyling Project. As a part of that project, subparagraphs (b)(2)(C) and (D) of that rule were rewritten as subparagraphs (b)(2)(D), (E), and (F). The cross reference to those rules contained in subdivision (f) of this rule is corrected by this amendment. Committee Notes on Rules2013 Amendment The title of this rule is amended to draw attention to the fact that it prescribes time limits for the service of motion papers. These time periods apply unless another Bankruptcy Rule or a court order, including a local rule, prescribes different time periods. Rules 9013 and 9014 should also be consulted regarding motion practice. Rule 9013 governs the form of motions and the parties who must be served. Rule 9014 prescribes the procedures applicable to contested matters, including the method of serving motions commencing contested matters and subsequent papers. Subdivision (d) is amended to apply to any written response to a motion, rather than just to opposing affidavits. The caption of the subdivision is amended to reflect this change. Other changes are stylistic. Changes Made After Publication and Comment Committee Notes on Rules2016 Amendment Subdivision (f) is amended to remove service by electronic means under Civil Rule 5(b)(2)(E) from the modes of service that allow three added days to act after being served. Rule 9006(f) and Civil Rule 6(d) contain similar provisions providing additional time for actions after being served by mail or by certain modes of service that are identified by reference to Civil Rule 5(b)(2). Rule 9006(f)like Civil Rule 6(d)is amended to remove the reference to service by electronic means under Rule 5(b)(2)(E). The amendment also adds clarifying parentheticals identifying the forms of service under Rule 5(b)(2) for which three days will still be added. Civil Rule 5(b)made applicable in bankruptcy proceedings by Rules 7005 and 9014(b)was amended in 2001 to allow service by electronic means with the consent of the person served. Although electronic transmission seemed virtually instantaneous even then, electronic service was included in the modes of service that allow three added days to act after being served. There were concerns that the transmission might be delayed for some time, and particular concerns that incompatible systems might make it difficult or impossible to open attachments. Those concerns have been substantially alleviated by advances in technology and widespread skill in using electronic transmission. A parallel reason for allowing the three added days was that electronic service was authorized only with the consent of the person to be served. Concerns about the reliability of electronic transmission might have led to refusals of consent; the three added days were calculated to alleviate these concerns. Diminution of the concerns that prompted the decision to allow the three added days for electronic transmission is not the only reason for discarding this indulgence. Many rules have been changed to ease the task of computing time by adopting 7-, 14-, 21-, and 28-day periods that allow day-of-the-week counting. Adding three days at the end complicated the counting, and increased the occasions for further complication by invoking the provisions that apply when the last day is a Saturday, Sunday, or legal holiday. Electronic service after business hours, or just before or during a weekend or holiday, may result in a practical reduction in the time available to respond. Extensions of time may be warranted to prevent prejudice. Eliminating Rule 5(b) subparagraph (2)(E) from the modes of service that allow three added days means that the three added days cannot be retained by consenting to service by electronic means. Consent to electronic service in registering for electronic case filing, for example, does not count as consent to service by any other means of delivery under subparagraph (F). Subdivision (f) is also amended to conform to a corresponding amendment of Civil Rule 6(d). The amendment clarifies that only the party that is served by mail or under the specified provisions of Civil Rule 5and not the party making serviceis permitted to add three days to any prescribed period for taking action after service is made. Committee Notes on Rules2023 Amendment The amendment adds Juneteenth National Independence Day to the list of legal holidays. See Juneteenth National Independence Day Act, P.L. 11717  References in Text The Federal Rules of Civil Procedure, referred to in subds. (a) and (f), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. 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 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 (a)  Official Forms The Official Forms prescribed by the Judicial Conference of the United States shall be used without alteration, except as otherwise provided in these rules, in a particular Official Form, or in the national instructions for a particular Official Form. Official Forms may be modified to permit minor changes not affecting wording or the order of presenting information, including changes that: (1) expand the prescribed areas for responses in order to permit complete responses; (2) delete space not needed for responses; or (3) delete items requiring detail in a question or category if the filer indicateseither by checking no or none or by stating in wordsthat there is nothing to report on that question or category. (b)  Directors Forms The Director of the Administrative Office of the United States Courts may issue additional forms for use under the Code. (c)  Construction The forms shall be construed to be consistent with these rules and the Code. (As amended Apr. 30, 1991 Aug. 1, 1991 Apr. 23, 2008 Dec. 1, 2008 Apr. 27, 2017 Dec. 1, 2017  Notes of Advisory Committee on Rules1983 The rule continues the obligatory character of the Official Forms in the interest of facilitating the processing of the paperwork of bankruptcy administration, but provides that Official Forms will be prescribed by the Judicial Conference of the United States. The Supreme Court and the Congress will thus be relieved of the burden of considering the large number of complex forms used in bankruptcy practice. The use of the Official Forms has generally been held subject to a rule of substantial compliance and some of these rules, for example Rule 1002, specifically state that the filed document need only conform substantially to the Official Form. See also Rule 9005. The second sentence recognizes the propriety of combining and rearranging Official Forms to take advantage of technological developments and resulting economies. The Director of the Administrative Office is authorized to issue additional forms for the guidance of the bar. Notes of Advisory Committee on Rules1991 Amendment Rule 9029 [9009] is amended to clarify that local court rules may not prohibit or limit the use of the Official Forms. Committee Notes on Rules2008 Amendment The rule is amended to provide that a plan proponent in a small business chapter 11 case need not use an Official Form of a plan of reorganization and disclosure statement. The use of those forms is optional, and under Rule 3016(d) the proponent may submit a plan and disclosure statement in those cases that does not conform to the Official Forms. Changes Made After Publication Committee Notes on Rules2017 Amendment This rule is amended and reorganized into separate subdivisions. Subdivision (a) addresses permissible modifications to Official Forms. It requires that an Official Form be used without alteration, except when another rule, the Official Form itself, or the national instructions applicable to an Official Form permit alteration. The former language generally permitting alterations has been deleted, but the rule preserves the ability to make minor modifications to an Official Form that do not affect the wording or the order in which information is presented on a form. Permissible changes include those that merely expand or delete the space for responses as appropriate or delete inapplicable items so long as the filer indicates that no response is intended. For example, when more space will be necessary to completely answer a question on an Official Form without an attachment, the answer space may be expanded. Similarly, varying the width or orientation of columnar data on a form for clarity of presentation would be a permissible minor change. On the other hand, many Official Forms indicate on their face that certain changes are not appropriate. Any changes that contravene the directions on an Official Form would be prohibited by this rule. The creation of subdivision (b) and subdivision (c) is stylistic. 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 entitys 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 attorneys name, office address and telephone number, unless the attorneys appearance is otherwise noted in the record. (c)  Power of Attorney The authority of any agent, attorney in fact, or proxy to represent a creditor for any purpose other than the execution and filing of a proof of claim or the acceptance or rejection of a plan shall be evidenced by a power of attorney conforming substantially to the appropriate Official Form. The execution of any such power of attorney shall be acknowledged before one of the officers enumerated in 28 U.S.C.  459,  953, Rule 9012, or a person authorized to administer oaths under the laws of the state where the oath is administered. (As amended Mar. 30, 1987 Aug. 1, 1987 Apr. 30, 1991 Aug. 1, 1991  Notes of Advisory Committee on Rules1983 This rule is substantially the same as former Bankruptcy Rule 910 and does not purport to change prior holdings prohibiting a corporation from appearing pro se In re Las Colinas Development Corp Notes of Advisory Committee on Rules1987 Amendment Subdivision (c) Notes of Advisory Committee on Rules1991 Amendment References to Official Form numbers in subdivision (c) are deleted in anticipation of future revision and renumbering of the Official Forms. 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 attorneys individual name. A party who is not represented by an attorney shall sign all papers. Each paper shall state the signers 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 persons knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, 1 1 (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 (B)  On Courts Initiative (2)  Nature of Sanction; Limitations (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 courts 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 (d)  Inapplicability To Discovery Subdivisions (a) through (c) of this rule do not apply to disclosures and discovery requests, responses, objections, and motions that are subject to the provisions of Rules 7026 through 7037. (e)  Verification Except as otherwise specifically provided by these rules, papers filed in a case under the Code need not be verified. Whenever verification is required by these rules, an unsworn declaration as provided in 28 U.S.C.  1746 satisfies the requirement 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 Aug. 1, 1987 Apr. 30, 1991 Aug. 1, 1991 Apr. 11, 1997 Dec. 1, 1997  Notes of Advisory Committee on Rules1983 Subdivision (a) The last sentence of this subdivision authorizes a broad range of sanctions. The word document is used in this subdivision to refer to all papers which the attorney or party is required to sign. Subdivision (b) Notes of Advisory Committee on Rules1987 Amendment The statement of intention of the debtor under  521(2) of the Code is added to the documents which counsel is not required to sign. Notes of Advisory Committee on Rules1991 Amendment Subdivision (a) Notes of Advisory Committee on Rules1997 Amendment This rule is amended to conform to the 1993 changes to F.R.Civ.P. 11. For an explanation of these amendments, see the advisory committee note to the 1993 amendments to F.R.Civ.P. 11. The safe harbor provision contained in subdivision (c)(1)(A), which prohibits the filing of a motion for sanctions unless the challenged paper is not withdrawn or corrected within a prescribed time after service of the motion, does not apply if the challenged paper is a petition. The filing of a petition has immediate serious consequences, including the imposition of the automatic stay under  362 of the Code, which may not be avoided by the subsequent withdrawal of the petition. In addition, a petition for relief under chapter 7 or chapter 11 may not be withdrawn unless the court orders dismissal of the case for cause after notice and a hearing. GAP Report on Rule 9011 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 Aug. 1, 1987 Apr. 30, 1991 Aug. 1, 1991  Notes of Advisory Committee on Rules1983 This rule is derived from Rule 43(d) F.R.Civ.P. The provisions of former Bankruptcy Rule 912(a) relating to who may administer oaths have been deleted as unnecessary. Bankruptcy judges and the clerks and deputy clerks of bankruptcy courts are authorized by statute to administer oaths and affirmations and to take acknowledgments. 28 U.S.C.  459, 953. A person designated to preside at the meeting of creditors has authority under Rule 2003(b)(1) to administer the oath. Administration of the oath at a deposition is governed by Rule 7028. Notes of Advisory Committee on Rules1987 Amendment Subdivision (a) Notes of Advisory Committee on Rules1991 Amendment This rule is amended to conform to the 1986 amendment to  343 which provides that the United States trustee may administer the oath to the debtor at the  341 meeting. This rule also allows the United States trustee to administer oaths and affirmations and to take acknowledgments in other situations. This amendment also affects Rule 9010(c) relating to the acknowledgment of a power of attorney. The words United States trustee include a designee of the United States trustee pursuant to Rule 9001 and  102(9) of the Code. Rule 9013. Motions: Form and Service A request for an order, except when an application is authorized by the 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 within the time determined under Rule 9006(d). The moving party shall serve the motion on: (a) the trustee or debtor in possession and on those entities specified by these rules; or (b) the entities the court directs if these rules do not require service or specify the entities to be served. (As amended Mar. 30, 1987 Aug. 1, 1987 Apr. 16, 2013 Dec. 1, 2013  Notes of Advisory Committee on Rules1983 This rule is derived from Rule 5(a) and Rule 7(b)(1) F.R.Civ.P. Except when an application is specifically authorized by these rules, for example an application under Rule 2014 for approval of the employment of a professional, all requests for court action must be made by motion. Committee Notes on Rules2013 Amendment A cross-reference to Rule 9006(d) is added to this rule to call attention to the time limits for the service of motions, supporting affidavits, and written responses to motions. Rule 9006(d) prescribes time limits that apply unless other limits are fixed by these rules, a court order, or a local rule. The other changes are stylistic. Changes Made After Publication and Comment 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 and within the time determined under Rule 9006(d). Any written response to the motion shall be served within the time determined under Rule 9006(d). 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, 70287037, 7041, 7042, 7052, 70547056, 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 Aug. 1, 1987 Apr. 26, 1999 Dec. 1, 1999 Apr. 29, 2002 Dec. 1, 2002 Apr. 26, 2004 Dec. 1, 2004 Apr. 16, 2013 Dec. 1, 2013  Notes of Advisory Committee on Rules1983 Rules 1017(d), 3020(b)(1), 4001(a), 4003(d), and 6006(a), which govern respectively dismissal or conversion of a case, objections to confirmation of a plan, relief from the automatic stay and the use of cash collateral, avoidance of a lien under  552(f) of the Code, and the assumption or rejection of executory contracts or unexpired leases, specifically provide that litigation under those rules shall be as provided in Rule 9014. This rule also governs litigation in other contested matters. Whenever there is an actual dispute, other than an adversary proceeding, before the bankruptcy court, the litigation to resolve that dispute is a contested matter. For example, the filing of an objection to a proof of claim, to a claim of exemption, or to a disclosure statement creates a dispute which is a contested matter. Even when an objection is not formally required, there may be a dispute. If a party in interest opposes the amount of compensation sought by a professional, there is a dispute which is a contested matter. When the rules of Part VII are applicable to a contested matter, reference in the Part VII rules to adversary proceedings is to be read as a reference to a contested matter. See Rule 9002(1). Committee Notes on Rules1999 Amendment This rule is amended to delete Rule 7062 from the list of Part VII rules that automatically apply in a contested matter. Rule 7062 provides that Rule 62 F.R.Civ.P., which governs stays of proceedings to enforce a judgment, is applicable in adversary proceedings. The provisions of Rule 62, including the ten-day automatic stay of the enforcement of a judgment provided by Rule 62(a) and the stay as a matter of right by posting a supersedeas bond provided in Rule 62(d), are not appropriate for most orders granting or denying motions governed by Rule 9014. Although Rule 7062 will not apply automatically in contested matters, the amended rule permits the court, in its discretion, to order that Rule 7062 apply in a particular matter, and Rule 8005 gives the court discretion to issue a stay or any other appropriate order during the pendency of an appeal on such terms as will protect the rights of all parties in interest. In addition, amendments to Rules 3020, 4001, 6004, and 6006 automatically stay certain types of orders for a period of ten days, unless the court orders otherwise. GAP Report on Rule 9014 Committee Notes on Rules2002 Amendment The list of Part VII rules that are applicable in a contested matter is extended to include Rule 7009 on pleading special matters, and Rule 7017 on real parties in interest, infants and incompetent persons, and capacity. The discovery rules made applicable in adversary proceedings apply in contested matters unless the court directs otherwise. Subdivision (b) Subdivision (d) Subdivision (e) Other amendments to this rule are stylistic. Changes Made After Publication and Comments: The Advisory Committee made two changes to subdivision (d) after considering the comments received addressing the proposed rule. First, the word material is inserted to make explicit that which was implied in the published version of the proposed rule. Second, the reference to F.R.Civ.P. 43(a) was removed. The purpose of proposed subdivision (d) was to recognize that testimony should be taken in the same manner in both contested matters and adversary proceedings. The revision to the published rule states this more directly. The Committee Note was amended to reflect the changes made in the text of the rule. Committee Notes on Rules2004 Amendment The rule is amended to provide that the mandatory disclosure requirements of Fed. R. Civ. P. 26, as incorporated by Rule 7026, do not apply in contested matters. The typically short time between the commencement and resolution of most contested matters makes the mandatory disclosure provisions of Rule 26 ineffective. Nevertheless, the court may by local rule or by order in a particular case provide that these provisions of the rule apply in a contested matter. Changes Made After Publication Committee Notes on Rules2013 Amendment A cross-reference to Rule 9006(d) is added to subdivision (b) to call attention to the time limits for the service of motions, supporting affidavits, and written responses to motions. Rule 9006(d) prescribes time limits that apply unless other limits are fixed by these rules, a court order, or a local rule. Changes Made After Publication and Comment  References in Text The Federal Rules of Civil Procedure, referred to in subds. (b) and (c), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. Rule 9015. Jury Trials (a)  Applicability of Certain Federal Rules of Civil Procedure Rules 38, 39, 4749, 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.  157(e) by jointly or separately filing a statement of consent within any applicable time limits specified by local rule. (c)  Applicability of Rule 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 Dec. 1, 1997 Mar. 26, 2009 Dec. 1, 2009  Notes of Advisory Committee on Rules1997 This rule provides procedures relating to jury trials. This rule is not intended to expand or create any right to trial by jury where such right does not otherwise exist. GAP Report on Rule 9015 Committee Notes on Rules2009 Amendment The rule is amended by deleting Rule 50 F.R.Civ.P. from the list in subdivision (a) of rules made applicable in cases and proceedings. However, subdivision (c) is added to make Rule 50 applicable in cases and proceedings, but it limits the time for filing certain post judgment motions to 14 days after the entry of judgment. The amendment is necessary because Rule 50 F.R.Civ.P. was amended in 2009 to extend the deadline for the filing of these post judgment motions to 28 days. That deadline corresponds to the 30-day deadline for filing a notice of appeal in a civil case under Rule 4(a)(1)(A) F.R.App.P. In a bankruptcy case, the deadline for filing a notice of appeal is 14 days. Therefore, the 28-day deadline for filing these post judgment motions would effectively override the notice of appeal deadline under Rule 8002(a) but for this amendment. Other amendments are stylistic.  References in Text The Federal Rules of Civil Procedure, referred to in text, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. Rule 9016. Subpoena  Rule 45 F.R.Civ.P. applies in cases under the Code. (As amended Mar. 30, 1987 Aug. 1, 1987  Notes of Advisory Committee on Rules1983 Although Rule 7004(d) authorizes nationwide service of process, Rule 45 F.R.Civ.P. limits the subpoena power to the judicial district and places outside the district which are within 100 miles of the place of trial or hearing.  References in Text The Federal Rules of Civil Procedure, referred to in text, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. 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.  Notes of Advisory Committee on Rules1983 Sections 251 and 252 of Public Law 95598 Examples of bankruptcy rules containing matters of an evidentiary nature are: Rule 2011, evidence of debtor retained in possession; Rule 3001(f), proof of claim constitutes prima facie evidence of the amount and validity of a claim; and Rule 5007(c), sound recording of court proceedings constitutes the record of the proceedings.  References in Text The Federal Rules of Evidence and the Federal Rules of Civil Procedure, referred to in text, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. 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 Aug. 1, 1987  Notes of Advisory Committee on Rules1983 This rule provides the procedure for invoking the courts power under  107 of the Code. 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 Aug. 1, 1987 Apr. 30, 1991 Aug. 1, 1991 Apr. 22, 1993 Aug. 1, 1993  Notes of Advisory Committee on Rules1983 Subdivisions (a) and (c) of this rule are essentially the same as the provisions of former Bankruptcy Rule 919 and subdivision (b) is the same as former Rule 8514(b), which was applicable to railroad reorganizations. Subdivision (b) permits the court to deal efficiently with a case in which there may be a large number of settlements. Notes of Advisory Committee on Rules1991 Amendment This rule is amended to enable the United States trustee to object or otherwise be heard in connection with a proposed compromise or settlement and otherwise to monitor the progress of the case. Notes of Advisory Committee on Rules1993 Amendment Subdivision (a) 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 Aug. 1, 1987 Apr. 30, 1991 Aug. 1, 1991 Apr. 23, 2001 Dec. 1, 2001  Notes of Advisory Committee on Rules1983 Section 1481 of Title 28 Subdivision (a) Federal Practice & ProcedureCriminal If the bankruptcy court concludes it is without power to punish or to impose the proper punishment for conduct which constitutes contempt, subdivision (a)(3) authorizes the bankruptcy court to certify the matter to the district court. Subdivision (b) Frank v. United States The Federal Rules of Civil Procedure do not specifically provide the procedure for the imposition of civil contempt sanctions. The decisional law governing the procedure for imposition of civil sanctions by the district courts will be equally applicable to the bankruptcy courts. Notes of Advisory Committee on Rules1987 Amendment The United States Bankruptcy Courts, as constituted under the Bankruptcy Reform Act of 1978, were courts of law, equity, and admiralty with an inherent contempt power, but former 28 U.S.C.  1481 restricted the criminal contempt power of bankruptcy judges. Under the 1984 amendments, bankruptcy judges are judicial officers of the district court, 28 U.S.C.  151, 152(a)(1). There are no decisions by the courts of appeals concerning the authority of bankruptcy judges to punish for either civil or criminal contempt under the 1984 amendments. This rule, as amended, recognizes that bankruptcy judges may not have the power to punish for contempt. Sound judicial administration requires that the initial determination of whether contempt has been committed should be made by the bankruptcy judge. If timely objections are not filed to the bankruptcy judges order, the order has the same force and effect as an order of the district court. If objections are filed within 10 days of service of the order, the district court conducts a de novo review pursuant to Rule 9033 and any order of contempt is entered by the district court on completion of the courts review of the bankruptcy judges order. Notes of Advisory Committee on Rules1991 Amendment The words with the clerk in subdivision (c) are deleted as unnecessary. See Rules 5005(a) and 9001(3). Committee Notes on Rules2001 Amendment The amendments to this rule cover a motion for an order of contempt filed by the United States trustee or a party in interest. This rule, as amended, does not address a contempt proceeding initiated by the court sua sponte. Whether the court is acting on motion under this rule or is acting sua sponte, these amendments are not intended to extend, limit, or otherwise affect either the contempt power of a bankruptcy judge or the role of the district judge regarding contempt orders. Issues relating to the contempt power of bankruptcy judges are substantive and are left to statutory and judicial development, rather than procedural rules. This rule, as amended in 1987, delayed for ten days from service the effectiveness of a bankruptcy judges order of contempt and rendered the order subject to de novo review by the district court. These limitations on contempt orders were added to the rule in response to the Bankruptcy Amendments and Federal Judgeship Act of 1984, Pub. L. No. 98353, 98 Stat. 333 See Since 1987, several courts of appeals have held that bankruptcy judges have the power to issue civil contempt orders. See, e.g., Matter of Terrebonne Fuel and Lube, Inc In re Rainbow Magazine, Inc See, e.g., Matter of Terrebonne Fuel and Lube, Inc see, e.g., In re Ragar Matter of Hipp, Inc Subdivision (d), which provides that the rule shall not be construed to impair the right to trial by jury, is deleted as unnecessary and is not intended to deprive any party of the right to a jury trial when it otherwise exists. Changes Made After Publication and Comments Rule 9021. Entry of Judgment  A judgment or order is effective when entered under Rule 5003. (As amended Mar. 30, 1987 Aug. 1, 1987 Mar. 26, 2009 Dec. 1, 2009  Notes of Advisory Committee on Rules1983 Subdivision (a) Subdivision (b) Federal Practice Subdivision (c) Notes of Advisory Committee on Rules1987 Amendment Former subdivision (a) was derived from Rule 58 F.R.Civ.P. As amended, Rule 9021 adopts Rule 58. The reference in Rule 58 to Rule 79(a) F.R.Civ.P. is to be read as a reference to Rule 5003. Committee Notes on Rules2009 Amendment The rule is amended in connection with the amendment that adds Rule 7058. The entry of judgment in adversary proceedings is governed by Rule 7058, and the entry of a judgment or order in all other proceedings is governed by this rule. Changes Made After Publication  References in Text The Federal Rules of Civil Procedure, referred to in text, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. 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 Aug. 1, 1987 Apr. 30, 1991 Aug. 1, 1991 Apr. 23, 2001 Dec. 1, 2001  Notes of Advisory Committee on Rules1983 Subdivision (a) Subdivision (b) Notes of Advisory Committee on Rules1991 Amendment This rule is amended to enable the United States trustee to be informed of all developments in the case so that administrative and supervisory functions provided in 28 U.S.C.  586(a) may be performed. Committee Notes on Rules2001 Amendment Rule 5(b) F.R.Civ.P., which is made applicable in adversary proceedings by Rule 7005, is being restyled and amended to authorize service by electronic meansor any other means not otherwise authorized under Rule 5(b)if consent is obtained from the person served. The amendment to Rule 9022(a) authorizes the clerk to serve notice of entry of a judgment or order by electronic means if the person served consents, or to use any other means of service authorized under Rule 5(b), including service by mail. This amendment conforms to the amendments made to Rule 77(d) F.R.Civ.P. Changes Made After Publication and Comments  References in Text The Federal Rules of Civil Procedure, referred to in subd. (b), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. 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. In some circumstances, Rule 8008 governs post-judgment motion practice after an appeal has been docketed and is pending. (As amended Mar. 26, 2009 Dec. 1, 2009 Apr. 25, 2014 Dec. 1, 2014  Notes of Advisory Committee on Rules1983 Rule 59 F.R.Civ.P. regulates motions for a new trial and amendment of judgment. Those motions must be served within 10 days of the entry of judgment. No similar time limit is contained in Rule 3008 which governs reconsideration of claims. Committee Notes on Rules2009 Amendment The rule is amended to limit to 14 days the time for a party to file a post judgment motion for a new trial and for the court to order sua sponte a new trial. In 2009, Rule 59 F. R. Civ. P. was amended to extend the deadline for these actions to 28 days after the entry of judgment. That deadline corresponds to the 30-day deadline for filing a notice of appeal in a civil case under Rule 4(a)(1)(A) F.R.App.P. In a bankruptcy case, however, the deadline for filing a notice of appeal is 14 days. Therefore, the 28-day deadline for filing a motion for a new trial or a motion to alter or amend a judgment would effectively override the notice of appeal deadline under Rule 8002(a) but for this amendment. Committee Notes on Rules2014 Amendment This rule is amended to include a cross-reference to Rule 8008. That rule governs the issuance of an indicative ruling when relief is sought that the court lacks authority to grant because of an appeal that has been docketed and is pending. Changes Made After Publication and Comment  References in Text The Federal Rules of Civil Procedure, referred to in text, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. 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. In some circumstances, Rule 8008 governs post-judgment motion practice after an appeal has been docketed and is pending. (As amended Apr. 30, 1991 Aug. 1, 1991 Apr. 23, 2008 Dec. 1, 2008 Apr. 25, 2014 Dec. 1, 2014  Notes of Advisory Committee on Rules1983 Motions to reopen cases are governed by Rule 5010. Reconsideration of orders allowing and disallowing claims is governed by Rule 3008. For the purpose of this rule all orders of the bankruptcy court are subject to Rule 60 F.R.Civ.P. Pursuant to  727(e) of the Code a complaint to revoke a discharge must be filed within one year of the entry of the discharge or, when certain grounds of revocation are asserted, the later of one year after the entry of the discharge or the date the case is closed. Under  1144 and  1330 of the Code a party must file a complaint to revoke an order confirming a chapter 11 or 13 plan within 180 days of its entry. Clauses (2) and (3) of this rule make it clear that the time periods established by  727(e), 1144 and 1330 of the Code may not be circumvented by the invocation of F.R.Civ.P. 60(b). Notes of Advisory Committee on Rules1991 Amendment Clause (3) is amended to include a reference to  1230 of the Code which contains time limitations relating to revocation of confirmation of a chapter 12 plan. The time periods prescribed by  1230 may not be circumvented by the invocation of F.R.Civ.P. 60(b). Committee Notes on Rules2008 Amendment The rule is amended to conform to the changes made to the Federal Rules of Civil Procedure through the restyling of those rules effective on December 1, 2007 Committee Notes on Rules2014 Amendment This rule is amended to include a cross-reference to Rule 8008. That rule governs the issuance of an indicative ruling when relief is sought that the court lacks authority to grant because of an appeal that has been docketed and is pending. Changes Made After Publication and Comment  References in Text The Federal Rules of Civil Procedure, referred to in text, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. Rule 9025. Security: Proceedings Against Security Providers  Whenever the Code or these rules require or permit a party to give security, and security is given with one or more security providers, each provider submits to the jurisdiction of the court, and liability may be determined in an adversary proceeding governed by the rules in Part VII. (As amended Apr. 26, 2018 Dec. 1, 2018  Notes of Advisory Committee on Rules1983 This rule is an adaptation of Rule 65.1 F.R.Civ.P. and applies to any surety on a bond given pursuant to  303(e) of the Code, Rules 2001, 2010, 5008, 7062, 7065, 8005, or any other rule authorizing the giving of such security. Committee Notes on Rules2018 Amendment This rule is amended to reflect the amendment of Rule 62 F.R.Civ.P., which is made applicable to adversary proceedings by Rule 7062. Rule 62 allows a party to obtain a stay of a judgment by providing a bond or other security. Limiting this rules enforcement procedures to sureties might exclude use of those procedures against a security provider that is not a surety. All security providers are brought into the rule by these amendments. Rule 9026. Exceptions Unnecessary  Rule 46 F.R.Civ.P. applies in cases under the Code.   References in Text The Federal Rules of Civil Procedure, referred to in text, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. Rule 9027. Removal (a)  Notice of Removal (1)  Where Filed; Form and Content (2)  Time for Filing; Civil Action Initiated Before Commencement of the Case Under the Code (3)  Time for filing; civil action initiated after commencement of the case under the Code (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 that the party does or does not consent to entry of final orders or judgment by the bankruptcy court. 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 defendants 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 Aug. 1, 1987 Apr. 30, 1991 Aug. 1, 1991 Apr. 29, 2002 Dec. 1, 2002 Mar. 26, 2009 Dec. 1, 2009 Apr. 28, 2016 Dec. 1, 2016  Notes of Advisory Committee on Rules1983 Under 28 U.S.C.  1478(a) any claim or cause of action in a civil action, other than a proceeding before the United States Tax Court or a civil action by a Government unit to enforce [a] . . . regulatory or police power may be removed if the bankruptcy courts have jurisdiction over such claim or cause of action. This rule specifies how removal is accomplished, the procedure thereafter, and the procedure to request remand of the removed claim or cause of action. If the claim or cause of action which is removed to the bankruptcy court is subject to the automatic stay of  362 of the Code, the litigation may not proceed in the bankruptcy court until relief from the stay is granted. The subdivisions of this rule conform substantially to 28 U.S.C.  14461450 and Rule 81(a) F.R.Civ.P. pertaining to removal to the district courts. Subdivision (a)(1) Subdivisions (a)(2) and (a)(3) Subdivision (a)(2) The removal application must be filed within the longest of the three possible periods. For example, in a chapter 11 case if the 90 day period expires but a trustee is appointed shortly thereafter, the removal application may be filed within 30 days of the trustees qualification but not later than 180 days after the order for relief. Nevertheless, if the claim or cause of action in the civil action is stayed under  362, the application may be filed after the 180 day period expires, provided the application is filed within 30 days of an order terminating the stay. Subdivision (a)(3) e.g Subdivision (b) Recovery on the bond is permitted only when the removal was improper. If the removal is proper but the bankruptcy court orders the action remanded on equitable grounds, 28 U.S.C.  1478(b), there is no recovery on the bond. Subdivisions (c) and (d) Subdivision (e) Subdivisions (f) and (g) Subdivisions (h) and (i) Subdivisions (j) and (k) Remand orders of bankruptcy judges are not appealable. 28 U.S.C.  1478(b). This rule does not deal with the question whether a single plaintiff or defendant may remove a claim or cause of action if there are two or more plaintiffs or defendants. See 28 U.S.C.  1478. Notes of Advisory Committee on Rules1987 Amendment Section 1452 of title 28 Subdivision (f) Subdivision (i) Notes of Advisory Committee on Rules1991 Amendment The abrogation of subdivision (b) is consistent with the repeal of 28 U.S.C.  1446(d). The changes substituting the notice of removal for the application for removal conform to the 1988 amendments to 28 U.S.C.  1446. Rules 7008(a) and 7012(b) were amended in 1987 to require parties to allege in pleadings whether a proceeding is core or non-core and, if non-core, whether the parties consent to the entry of final orders or judgment by the bankruptcy judge. Subdivision (a)(1) is amended and subdivision (f)(3) is added to require parties to a removed claim or cause of action to make the same allegations. The party filing the notice of removal must include the allegation in the notice and the other parties who have filed pleadings must respond to the allegation in a separate statement filed within 10 days after removal. However, if a party to the removed claim or cause of action has not filed a pleading prior to removal, there is no need to file a separate statement under subdivision (f)(3) because the allegation must be included in the responsive pleading filed pursuant to Rule 7012(b). Subdivision (e), redesignated as subdivision (d), is amended to delete the restriction that limits the role of the bankruptcy court to the filing of a report and recommendation for disposition of a motion for remand under 28 U.S.C.  1452(b). This amendment is consistent with  309(c) of the Judicial Improvements Act of 1990, which amended  1452(b) so that it allows an appeal to the district court of a bankruptcy courts order determining a motion for remand. This subdivision is also amended to clarify that the motion is a contested matter governed by Rule 9014. The words filed with the clerk are deleted as unnecessary. See Rules 5005(a) and 9001(3). Committee Notes on Rules2002 Amendment Subdivision (a)(3) Changes Made After Publication and Comments Committee Notes on Rules2009 Amendment The rule is amended to implement changes in connection with the amendment to Rule 9006(a) and the manner by which time is computed under the rules. The deadlines in the rule are amended to substitute a deadline that is a multiple of seven days. Throughout the rules, deadlines are amended in the following manner:  5-day periods become 7-day periods  10-day periods become 14-day periods  15-day periods become 14-day periods  20-day periods become 21-day periods  25-day periods become 28-day periods Committee Notes on Rules2016 Amendment Subdivisions (a)(1) and (e)(3) are amended to delete the requirement for a statement that the proceeding is core or non-core and to require in all removed actions a statement that the party does or does not consent to the entry of final orders or judgment by the bankruptcy court. Some proceedings that satisfy the statutory definition of core proceedings, 28 U.S.C.  157(b)(2), may remain beyond the constitutional power of a bankruptcy judge to adjudicate finally. The amended rule calls for a statement regarding consent at the time of removal, whether or not a proceeding is termed non-core. The party filing the notice of removal must include a statement regarding consent in the notice, and the other parties who have filed pleadings must respond in a separate statement filed within 14 days after removal. If a party to the removed claim or cause of action has not filed a pleading prior to removal, however, there is no need to file a separate statement under subdivision (e)(3), because a statement regarding consent must be included in a responsive pleading filed pursuant to Rule 7012(b). Rule 7016 governs the bankruptcy courts decision whether to hear and determine the proceeding, issue proposed findings of fact and conclusions of law, or take some other action in the proceeding. Rule 9028. Disability of a Judge  Rule 63 F.R.Civ.P. applies in cases under the Code. (As amended Mar. 30, 1987 Aug. 1, 1987  Notes of Advisory Committee on Rules1983 This rule is an adaptation of Rule 63 F.R.Civ.P. Notes of Advisory Committee on Rules1987 Amendment Rule 9028 has been changed to adopt the procedures contained in Rule 63 of the Federal Rules of Civil Procedure for substituting a judge in the event of disability.  References in Text The Federal Rules of Civil Procedure, referred to in text, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. 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 courts bankruptcy jurisdiction which are consistent withbut not duplicative ofActs 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 withbut not duplicative ofActs 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 Aug. 1, 1987 Apr. 30, 1991 Aug. 1, 1991 Apr. 27, 1995 Dec. 1, 1995  Notes of Advisory Committee on Rules1983 This rule is an adaptation of Rule 83 F.R.Civ.P. and Rule 57(a) F.R.Crim.P. Under this rule bankruptcy courts may make local rules which govern practice before those courts. Circuit councils and district courts are authorized by Rule 8018 to make local rules governing appellate practice. Notes of Advisory Committee on Rules1987 Amendment Rule 9029 is amended to authorize the district court to promulgate local rules governing bankruptcy practice. This rule, as amended, permits the district court to authorize the bankruptcy judges to promulgate or recommend local rules for adoption by the district court. Effective August 1, 1985 Notes of Advisory Committee on Rules1991 Amendment This rule is amended to make it clear that the Official Forms must be accepted in every bankruptcy court. Notes of Advisory Committee on Rules1995 Amendment Subdivision (a) The amendment also requires that the numbering of local rules conform with any uniform numbering system that may be prescribed by the Judicial Conference. Lack of uniform numbering might create unnecessary traps for counsel and litigants. A uniform numbering system would make it easier for an increasingly national bar and for litigants to locate a local rule that applies to a particular procedural issue. Paragraph (2) of subdivision (a) is new. Its aim is to protect against loss of rights in the enforcement of local rules relating to matters of form. For example, a party should not be deprived of a right to a jury trial because its attorney, unaware ofor forgettinga local rule directing that jury demands be noted in the caption of the case, includes a jury demand only in the body of the pleading. The proscription of paragraph (2) is narrowly drawncovering only violations that are not willful and only those involving local rules directed to matters of form. It does not limit the courts power to impose substantive penalties upon a party if it or its attorney stubbornly or repeatedly violates a local rule, even one involving merely a matter of form. Nor does it affect the courts power to enforce local rules that involve more than mere matters of formfor example, a local rule requiring that a party demand a jury trial within a specified time period to avoid waiver of the right to a trial by jury. Subdivision (b) This rule recognizes that courts rely on multiple directives to control practice. Some courts regulate practice through the published Federal Rules and the local rules of the court. Some courts also have used internal operating procedures, standing orders, and other internal directives. Although such directives continue to be authorized, they can lead to problems. Counsel or litigants may be unaware of various directives. In addition, the sheer volume of directives may impose an unreasonable barrier. For example, it may be difficult to obtain copies of the directives. Finally, counsel or litigants may be unfairly sanctioned for failing to comply with a directive. For these reasons, the amendment to this rule disapproves imposing any sanction or other disadvantage on a person for noncompliance with such an internal directive, unless the alleged violator has been furnished in a particular case with actual notice of the requirement. There should be no adverse consequence to a party or attorney for violating special requirements relating to practice before a particular judge unless the party or attorney has actual notice of those requirements. Furnishing litigants with a copy outlining the judges practicesor attaching instructions to a notice setting a case for conference or trialwould suffice to give actual notice, as would an order in a case specifically adopting by reference a judges standing order and indicating how copies can be obtained.  References in Text The Federal Rules of Civil Procedure, referred to in subd. (a)(1), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. 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 Aug. 1, 1987  Notes of Advisory Committee on Rules1983 The rule is an adaptation of Rule 82 F.R.Civ.P. Rule 9031. Masters Not Authorized  Rule 53 F.R.Civ.P. does not apply in cases under the Code.  Notes of Advisory Committee on Rules1983 This rule precludes the appointment of masters in cases and proceedings under the Code.  References in Text The Federal Rules of Civil Procedure, referred to in text, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. 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 Aug. 1, 1991  Notes of Advisory Committee on Rules1991 Amendment This rule is amended to provide flexibility so that the Bankruptcy Rules may provide that subsequent amendments to a Federal Rule of Civil Procedure made applicable by these rules are not effective with regard to Bankruptcy Code cases or proceedings. For example, in view of the anticipated amendments to, and restructuring of, Rule 4 F.R.Civ.P., Rule 7004(g) will prevent such changes from affecting Bankruptcy Code cases until the Advisory Committee on Bankruptcy Rules has an opportunity to consider such amendments and to make appropriate recommendations for incorporating such amendments into the Bankruptcy Rules.  References in Text The Federal Rules of Civil Procedure, referred to in text, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. The effective date of these rules, referred to in text, is Aug. 1, 1983 Rule 9033. Proposed Findings of Fact and Conclusions of Law (a)  Service In a proceeding in which the bankruptcy court has issued 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 partys objections within 14 days after being served with a copy thereof. A party objecting to the bankruptcy judges 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 judges 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 Aug. 1, 1987 Mar. 26, 2009 Dec. 1, 2009 Apr. 28, 2016 Dec. 1, 2016  Notes of Advisory Committee on Rules1987 Section 157(c)(1) of title 28 Subdivision (a) Subdivision (b) Subdivision (c) Subdivision (d) Committee Notes on Rules2009 Amendment The rule is amended to implement changes in connection with the amendment to Rule 9006(a) and the manner by which time is computed under the rules. The deadlines in the rule are amended to substitute a deadline that is a multiple of seven days. Throughout the rules, deadlines are amended in the following manner:  5-day periods become 7-day periods  10-day periods become 14-day periods  15-day periods become 14-day periods  20-day periods become 21-day periods  25-day periods become 28-day periods Committee Notes on Rules2016 Amendment Subdivision (a) is amended to delete language limiting this provision to non-core proceedings. Some proceedings that satisfy the statutory definition of core proceedings, 28 U.S.C.  157(b)(2), may remain beyond the constitutional power of a bankruptcy judge to adjudicate finally. If the bankruptcy court decides, pursuant to Rule 7016, that it is appropriate to issue proposed findings of fact and conclusions of law in a proceeding, this rule governs the subsequent procedures. 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 debtors 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 Aug. 1, 1991  Notes of Advisory Committee on Rules1991 Section 307 of the Code gives the United States trustee the right to appear and be heard on issues in cases and proceedings under the Code. This rule is intended to keep the United States trustee informed of certain developments and disputes in which the United States trustee may wish to be heard. This rule, which derives from Rule X1008, also enables the United States trustee to monitor the progress of the case in accordance with 28 U.S.C.  586(a). The requirement to transmit copies of certain pleadings, motion papers and other documents is intended to be flexible in that the United States trustee in a particular judicial district may request copies of papers in certain categories, and may request not to receive copies of documents in other categories, when the practice in that district makes that desirable. When the rules require that a paper be served on particular parties, the time period in which service is required is also applicable to transmittal to the United States trustee. Although other rules require that certain notices be transmitted to the United States trustee, this rule goes further in that it requires the transmittal to the United States trustee of other papers filed in connection with these matters. This rule is not an exhaustive list of the matters of which the United States trustee may be entitled to receive notice. 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 Aug. 1, 1991 Apr. 11, 1997 Dec. 1, 1997  Notes of Advisory Committee on Rules1991 Section 302(d)(3) of the Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986 provides that amendments to the Code relating to United States trustees and quarterly fees required under 28 U.S.C.  1930(a)(6) do not become effective in any judicial district in the States of Alabama and North Carolina until the district elects to be included in the United States trustee system, or October 1, 1992 Section 302(d)(3)(I) of the 1986 Act authorizes the Judicial Conference of the United States to promulgate regulations governing the appointment of bankruptcy administrators to supervise the administration of estates and trustees in cases in the districts in Alabama and North Carolina until the provisions of the Act relating to the United States trustee take effect in these districts. Pursuant to this authority, in September 1987, the Judicial Conference promulgated regulations governing the selection and appointment of bankruptcy administrators and regulations governing the establishment, duties, and functions of bankruptcy administrators. Guidelines relating to the bankruptcy administrator program have been prescribed by the Director of the Administrative Office of the United States Courts. Many of these rules were amended to implement the United States trustee system in accordance with the 1986 Act. Since the provisions of the 1986 Act relating to the United States trustee system are not effective in cases in Alabama and North Carolina in which a bankruptcy administrator is serving, rules referring to United States trustees are at least partially inconsistent with the provisions of the Bankruptcy Code and title 28 of the United States Code effective in such cases. In determining the applicability of these rules in cases in Alabama and North Carolina in which a United States trustee is not authorized to act, the following guidelines should be followed: (1) The following rules do not apply because they are inconsistent with the provisions of the Code or title 28 in these cases: 1002(b), 1007(1), 1009(c), 2002(k), 2007.1(b), 2015(a)(6), 2020, 3015(b), 5005(b), 7004(b)(10), 9003(b), and 9034. (2) The following rules are partially inconsistent with the provisions of the Code effective in these cases and, therefore, are applicable with the following modifications: (a) Rule 2001(a) and (c) (b) Rule 2003 (c) Rule 2007 (d) Rule 2008 (e) Rule 2009(c) and (d) (f) Rule 2010 (g) Rule 5010 (3) All other rules are applicable because they are consistent with the provisions of the Code and title 28 effective in these cases, except that any reference to the United States trustee is not applicable and should be disregarded. Many of the amendments to the rules are designed to give the United States trustee, a member of the Executive Branch, notice of certain developments and copies of petitions, schedules, pleadings, and other papers. In contrast, the bankruptcy administrator is an officer in the Judicial Branch and matters relating to notice of developments and access to documents filed in the clerks office are governed by regulations of the Judicial Conference of the United States, guidelines of the Administrative Office of the United States Courts, local rules, and court orders. Also, requirements for disclosure of connections with the bankruptcy administrator in applications for employment of professional persons, restrictions on appointments of relatives of bankruptcy administrators, effects of erroneously filing papers with the bankruptcy administrator, and other matters not covered by these rules may be governed by regulations of the Judicial Conference, guidelines of the Director of the Administrative Office, local rules, and court orders. This rule will cease to have effect if a United States trustee is authorized in every case in the districts in Alabama and North Carolina. Notes of Advisory Committee on Rules1997 Amendment Certain statutes that are not codified in title 11 or title 28 of the United States Code, such as  105 of the Bankruptcy Reform Act of 1994, Pub. L. 103394 108 Stat. 4106 GAP Report on Rule 9035 Rule 9036. Notice and Service by Electronic Transmission (a)  In General This rule applies whenever these rules require or permit sending a notice or serving a paper by mail or other means. (b) Notices From and Service by the Court. (1)  Registered Users (2)  All Recipients (A) if the recipient has registered an electronic address with the Administrative Office of the United States Courts bankruptcy-noticing program, the clerk shall send the notice to or serve the paper at that address; and (B) if an entity has been designated by the Director of the Administrative Office of the United States Courts as a high-volume paper-notice recipient, the clerk may send the notice to or serve the paper electronically at an address designated by the Director, unless the entity has designated an address under  342(e) or (f) of the Code. (c)  Notices From and Service by an Entity An entity may send notice or serve a paper in the same manner that the clerk does under (b), excluding (b)(2)(A) and (B). (d)  Completing Notice or Service Electronic notice or service is complete upon filing or sending but is not effective if the filer or sender receives notice that it did not reach the person to be served. It is the recipients responsibility to keep its electronic address current with the clerk. (e)  Inapplicability This rule does not apply to any paper required to be served in accordance with Rule 7004. (Added Apr. 22, 1993 Aug. 1, 1993 Apr. 25, 2005 Dec. 1, 2005 Apr. 25, 2019 Dec. 1, 2019 Apr. 14, 2021 Dec. 1, 2021  Notes of Advisory Committee on Rules1993 This rule is added to provide flexibility for banks, credit card companies, taxing authorities, and other entities that ordinarily receive notices by mail in a large volume of bankruptcy cases, to arrange to receive by electronic transmission all or part of the information required to be contained in such notices. The use of electronic technology instead of mail to send information to creditors and interested parties will be more convenient and less costly for the sender and the receiver. For example, a bank that receives by mail, at different locations, notices of meetings of creditors pursuant to Rule 2002(a) in thousands of cases each year may prefer to receive only the vital information ordinarily contained in such notices by electronic transmission to one computer terminal. The specific means of transmission must be compatible with technology available to the sender and the receiver. Therefore, electronic transmission of notices is permitted only upon request of the entity entitled to receive the notice, specifying the type of electronic transmission, and only if approved by the court. Electronic transmission pursuant to this rule completes the notice requirements. The creditor or interested party is not thereafter entitled to receive the relevant notice by mail. Committee Notes on Rules2005 Amendment The rule is amended to delete the requirement that the sender of an electronic notice must obtain electronic confirmation that the notice was received. The amendment provides that notice is complete upon transmission. When the rule was first promulgated, confirmation of receipt of electronic notices was commonplace. In the current electronic environment, very few internet service providers offer the confirmation of receipt service. Consequently, compliance with the rule may be impossible, and the rule could discourage the use of electronic noticing. Confidence in the delivery of email text messages now rivals or exceeds confidence in the delivery of printed materials. Therefore, there is no need for confirmation of receipt of electronic messages just as there is no such requirement for paper notices. Changes Made After Publication and Comment Committee Notes on Rules2019 Amendment The rule is amended to permit both notice and service by electronic means. The use and reliability of electronic delivery have increased since the rule was first adopted. The amendments recognize the increased utility of electronic delivery, with appropriate safeguards for parties not filing an appearance in the case through the courts electronic-filing system. The amended rule permits electronic notice or service on a registered user who has appeared in the case by filing with the courts electronic-filing system. A court may choose to allow registration only with the courts permission. But a party who registers will be subject to service by filing with the courts system unless the court provides otherwise. The rule does not make the court responsible for notifying a person who filed a paper with the courts electronic-filing system that an attempted transmission by the courts system failed. But a filer who receives notice that the transmission failed is responsible for making effective service. With the consent of the person served, electronic service also may be made by means that do not use the courts system. Consent can be limited to service at a prescribed address or in a specified form, and it may be limited by other conditions. Committee Notes on Rules2021 Amendment The rule is amended to take account of the Administrative Office of the United States Courts program for providing notice to high-volume paper-notice recipients. Under this program, when the Bankruptcy Noticing Center (BNC) has sent by mail more than a designated number of notices in a calendar month (initially set at 100) from bankruptcy courts to an entity, the Director of the Administrative Office will notify the entity that it is a high-volume paper-notice recipient. As such, this threshold notice will inform the entity that it must register an electronic address with the BNC. If, within a time specified in the threshold notice, a notified entity enrolls in Electronic Bankruptcy Noticing with the BNC, it will be sent notices electronically at the address maintained by the BNC upon a start date determined by the Director. If a notified entity does not timely enroll in Electronic Bankruptcy Noticing, it will be informed that court-generated notices will be sent to an electronic address designated by the Director. Any designation by the Director, however, is subject to the entitys right under  342(e) and (f) of the Code to designate an address at which it wishes to receive notices in chapter 7 and chapter 13 cases, including at its own electronic address that it registers with the BNC. The rule is also reorganized to separate methods of electronic noticing and service available to courts from those available to parties. Both courts and parties may serve or provide notice to registered users of the courts electronic-filing system by filing documents with that system. Both courts and parties also may serve and provide notice to any entity by electronic means consented to in writing by the recipient. Only courts may serve or give notice to an entity at an electronic address registered with the BNC as part of the Electronic Bankruptcy Noticing program. The title of the rule is revised to more accurately reflect the rules applicability to methods of electronic noticing and service. Rule 9036 does not preclude noticing and service by physical means otherwise authorized by the court or these rules. 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 individuals 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 individuals birth; (3) the minors 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  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 nonpartys 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 entitys own information by filing it without redaction and not under seal. (h) Motion To Redact a Previously Filed Document. (1)  Content of the Motion; Service (A) file a motion to redact identifying the proposed redactions; (B) attach to the motion the proposed redacted document; (C) include in the motion the docket or proof-of-claim number of the previously filed document; and (D) serve the motion and attachment on the debtor, debtors attorney, trustee (if any), United States trustee, filer of the unredacted document, and any individual whose personal identifying information is to be redacted. (2)  Restricting Public Access to the Unredacted Document; Docketing the Redacted Document (Added Apr. 30, 2007 Dec. 1, 2007 Apr. 25, 2019 Dec. 1, 2019  Committee Notes on Rules2007 The rule is adopted in compliance with section 205(c)(3) of the E-Government Act of 2002, Public Law No. 107347. Section 205(c)(3) requires the Supreme Court to prescribe rules to protect privacy and security concerns relating to electronic filing of documents and the public availability . . . of documents filed electronically. The rule goes further than the E-Government Act in regulating paper filings even when they are not converted to electronic form, but the number of filings that remain in paper form is certain to diminish over time. Most districts scan paper filings into the electronic case file, where they become available to the public in the same way as documents initially filed in electronic form. It is electronic availability, not the form of the initial filing, that raises the privacy and security concerns addressed in the E-Government Act. The rule is derived from and implements the policy adopted by the Judicial Conference in September 2001 to address the privacy concerns resulting from public access to electronic case files. See While providing for the public filing of some information, such as the last four digits of an account number, the rule does not intend to establish a presumption that this information never could or should be protected. For example, it may well be necessary in individual cases to prevent remote access by nonparties to any part of an account number or social-security number. It may also be necessary to protect information not covered by the redaction requirementsuch as drivers license numbers and alien registration numbersin a particular case. In such cases, protection may be sought under subdivision (c) or (d). Moreover, the rule does not affect the protection available under other rules, such as Rules 16 and 26(c) of the Federal Rules of Civil Procedure, or under other sources of protective authority. Any personal information not otherwise protected by sealing or redaction will be made available over the internet. Counsel should therefore notify clients of this fact so that an informed decision may be made on what information is to be included in a document filed with the court. An individual debtors full social-security number or taxpayer-identification number is included on the notice of the  341 meeting of creditors sent to creditors. Of course, that is not filed with the court, see Rule 1007(f) (the debtor submits this information), and the copy of the notice that is filed with the court does not include the full social-security number or taxpayer-identification number. Thus, since the full social-security number or taxpayer-identification number is not filed with the court, it is not available to a person searching that record. The clerk is not required to review documents filed with the court for compliance with this rule. As subdivision (a) recognizes, the responsibility to redact filings rests with counsel, parties, and others who make filings with the court. Subdivision (d) recognizes the courts inherent authority to issue a protective order to prevent remote access to private or sensitive information and to require redaction of material in addition to that which would be redacted under subdivision (a) of the rule. These orders may be issued whenever necessary either by the court on its own motion, or on motion of a party in interest. Subdivision (e) allows an entity that makes a redacted filing to file an unredacted document under seal. This provision is derived from section 205(c)(3)(iv) of the E-Government Act. Subdivision (f) allows the option to file a reference list of redacted information. This provision is derived from section 205(c)(3)(v) of the E-Government Act, as amended in 2004. In accordance with the E-Government Act, subdivision (f) of the rule refers to redacted information. The term redacted is intended to govern a filing that is prepared with abbreviated identifiers in the first instance, as well as a filing in which a personal identifier is edited after its preparation. Subdivision (g) allows an entity to waive the protections of the rule as to that entitys own information by filing it in unredacted form. An entity may elect to waive the protection if, for example, it is determined that the costs of redaction outweigh the benefits to privacy. As to financial account numbers, the instructions to Schedules E and F of Official Form 6 note that the debtor may elect to include the complete account number on those schedules rather than limit the number to the final four digits. Including the complete number would operate as a waiver by the debtor under subdivision (g) as to the full information that the debtor set out on those schedules. The waiver operates only to the extent of the information that the entity filed without redaction. If an entity files an unredacted identifier by mistake, it may seek relief from the court. Trial exhibits are subject to the redaction requirements of Rule 9037 to the extent they are filed with the court. Trial exhibits that are not initially filed with the court must be redacted in accordance with this rule if and when they are filed as part of an appeal or for other reasons. Changes After Publication Committee Notes on Rules2019 Amendment Subdivision (h) is new. It prescribes a procedure for the belated redaction of documents that were filed without complying with subdivision (a). Generally, whenever someone discovers that information entitled to privacy protection under subdivision (a) appears in a document on file with the courtregardless of whether the case in question remains open or has been closedthat entity may file a motion to redact the document. A single motion may relate to more than one unredacted document. The moving party may be, but is not limited to, the original filer of the document. The motion must identify by location on the case docket or claims register each document to be redacted. It should not, however, include the unredacted information itself. Subsection (h)(1) authorizes the court to alter the prescribed procedure. This might be appropriate, for example, when the movant seeks to redact a large number of documents. In that situation the court by order or local rule might require the movant to file an omnibus motion, initiate a miscellaneous proceeding, or proceed in another manner directed by the court. Unless the court orders otherwise, the motion must identify the proposed redactions, and the moving party must attach to the motion the proposed redacted document. The attached document must otherwise be identical to the one previously filed. The court, however, may relieve the movant of this requirement in appropriate circumstances, for example when the movant was not the filer of the unredacted document and does not have access to it. Service of the motion and the attachment must be made on all of the following individuals who are not the moving party: debtor, debtors attorney, trustee, United States trustee, the filer of the unredacted document, and any individual whose personal identifying information is to be redacted. Because the filing of the motion to redact may call attention to the existence of the unredacted document as maintained in the courts files or downloaded by third parties, courts should take immediate steps to protect the motion and the document from public access. This restriction may be accomplished electronically, simultaneous with the electronic filing of the motion to redact. For motions filed on paper, restriction should occur at the same time that the motion is docketed so that no one receiving electronic notice of the filing of the motion will be able to access the unredacted document in the courts files. If the court grants the motion to redact, the court must docket the redacted document, and public access to the motion and the unredacted document should remain restricted. If the court denies the motion, generally the restriction on public access to the motion and the document should be lifted. This procedure does not affect the availability of any remedies that an individual whose personal identifiers are exposed may have against the entity that filed the unredacted document. Rule 9038. Bankruptcy Rules Emergency (a)  Conditions for an Emergency The Judicial Conference of the United States may declare a Bankruptcy Rules emergency if it determines that extraordinary circumstances relating to public health or safety, or affecting physical or electronic access to a bankruptcy court, substantially impair the courts ability to perform its functions in compliance with these rules. (b) Declaring an Emergency. (1)  Content (A) designate the bankruptcy court or courts affected; (B) state any restrictions on the authority granted in (c); and (C) be limited to a stated period of no more than 90 days. (2)  Early Termination (3)  Additional Declarations (c) Tolling and Extending Time Limits. (1)  In an Entire District or Division (A) order the extension or tolling of a Bankruptcy Rule, local rule, or order that requires or allows a court, a clerk, a party in interest, or the United States trustee, by a specified deadline, to commence a proceeding, file or send a document, hold or conclude a hearing, or take any other action, despite any other Bankruptcy Rule, local rule, or order; or (B) order that, when a Bankruptcy Rule, local rule, or order requires that an action be taken promptly, forthwith, immediately, or without delay, it be taken as soon as is practicable or by a date set by the court in a specific case or proceeding. (2)  In a Specific Case or Proceeding (3)  When an Extension or Tolling Ends (A) the last day of the time period as extended or tolled or 30 days after the emergency declaration terminates, whichever is earlier; or (B) the last day of the time period originally required, imposed, or allowed by the relevant Bankruptcy Rule, local rule, or order that was extended or tolled. (4)  Further Extensions or Shortenings (5)  Exception (Added Apr. 24, 2023 Dec. 1, 2023  Committee Notes on Rules2023 The rule is new. It provides authority to extend or toll the time limits in these rules during times of major emergencies affecting the bankruptcy courts. The continuing operation of the bankruptcy courts during the COVID19 pandemic showed that the existing rules are flexible enough to accommodate remote proceedings, service by mail, and electronic transmission of documents. Nevertheless, it appeared that greater flexibility than Rule 9006(b) provides might be needed to allow the extension of certain time periods in specific cases or any extension on a district-wide basis in response to an emergency. Emergency rule provisions have also been added to the Civil, Criminal, and Appellate Rules. Along with the Bankruptcy Rule, these rules have been made as uniform as possible. But each set of rules serves distinctive purposes, shaped by different origins, traditions, functions, and needs. Different provisions were compelled by these different purposes. Subdivision (a) specifies the limited circumstances under which the authority conferred by this rule may be exercised. The Judicial Conference of the United States has the exclusive authority to declare a Bankruptcy Rules emergency, and it may do so only under extraordinary circumstances. Those circumstances must relate to public health or safety or affect physical or electronic access to a bankruptcy court. And, importantly, the courts ability to operate in compliance with the Bankruptcy Rules must be substantially impaired. Under subdivision (b)(1), a Bankruptcy Rules emergency declaration must specify the bankruptcy courts to which it applies because, instead of being nationwide, an emergency might be limited to one area of the country or even to a particular state. The declaration must also specify a termination date that is no later than 90 days from the declarations issuance. Under subdivisions (b)(2) and (b)(3), however, that time period may be extended by the issuance of additional declarations or reduced by early termination if circumstances change. The declaration must also specify any limitations placed on the authority granted in subdivision (c) to modify time periods. Subdivisions (c)(1) and (c)(2) grant the authority, during declared Bankruptcy Rules emergencies, to extend or toll deadlines to the chief bankruptcy judge of a district on a district- or division-wide basis or to the presiding judge in specific cases. Unless limited by the emergency declaration, this authority extends to all time periods in the rules that are not also imposed by statute. It also applies to directives to take quick action, such as rule provisions that require action to be taken promptly, forthwith, immediately, or without delay. Subdivision (c)(3), which addresses the termination of extensions and tolling, provides a soft landing upon the termination of a Bankruptcy Rules emergency. It looks to three possible dates for a time period to expire. An extended or tolled time period will terminate either 30 days after the rules-emergency declaration terminates or when the original time period would have expired, whichever is laterunless the extension or tolling itself expires sooner than 30 days after the declarations termination. In that case, the extended expiration date will apply. Subdivision (c)(4) allows fine tuning in individual cases of extensions of time or tollings that have been granted. Subdivision (c)(5) excepts from the authority to extend time periods any time provision imposed by statute. The Bankruptcy Rules Enabling Act, 28 U.S.C.  2075, does not authorize the Bankruptcy Rules to supersede conflicting laws. Accordingly, a time limit in a rule that is a restatement of a deadline imposed by statute or an incorporation by reference of such a deadline may not be extended under this rule. However, if a statute merely incorporates by reference a time period imposed by a rule, that period may be extended.  References in Text Bankruptcy Rules, referred to in subds. (a) and (c)(1)(A), (B), (3)(B), probably means the Federal Rules of Bankruptcy Procedure, which are set out in this Appendix. [PART X UNITED STATES TRUSTEES] (Abrogated Apr. 30, 1991 Aug. 1, 1991 OFFICIAL FORMS  [The Official Forms prescribed pursuant to Rule 9009 may be found on the United States Courts website.] APPENDIX (As added Apr. 26, 2018 Dec. 1, 2018  Length Limits Stated in Part VIII of the Federal Rules of Bankruptcy Procedure Appendix: Length Limits Stated in Part VIII of the Federal Rules of Bankruptcy Procedure can also be found in the order of the Supreme Court amending the Federal Rules of Bankruptcy Procedure, April 26, 2018