April 23, 2008 

Honorable Nancy Pelosi

Speaker of the House of Representatives 

Washington, D.C. 20515 

Dear Madam Speaker: 

I have the honor to submit to the Congress the amendments to the Federal 

Rules of Bankruptcy Procedure that have been adopted by the Supreme Court of the 

United States pursuant to Section 2075 of Title 28, United States Code. 

Accompanying these rules are excerpts from the report of the Judicial 

Conference of the United States containing the Committee Notes submitted to the 

Court for its consideration pursuant to Section 331 of Title 28, United States Code. 

 Sincerely,

 /s/ John G. Roberts, Jr. 
April 23, 2008 

Honorable Dick Cheney

President, United States Senate 

Washington, D.C. 20510 

Dear Mr. President: 

I have the honor to submit to the Congress the amendments to the Federal 

Rules of Bankruptcy Procedure that have been adopted by the Supreme Court of the 

United States pursuant to Section 2075 of Title 28, United States Code. 

Accompanying these rules are excerpts from the report of the Judicial 

Conference of the United States containing the Committee Notes submitted to the 

Court for its consideration pursuant to Section 331 of Title 28, United States Code. 

 Sincerely,

 /s/ John G. Roberts, Jr. 
 

April 23, 2008 

SUPREME COURT OF THE UNITED STATES 

ORDERED: 

1. That the Federal Rules of Bankruptcy Procedure be, and they hereby are, 

amended by including therein amendments to Bankruptcy Rules 1005, 1006, 1007,

1009, 1010, 1011, 1015, 1017, 1019, 1020, 2002, 2003, 2007.1, 2015, 3002, 3003, 

3016, 3017.1, 3019, 4002, 4003, 4004, 4006, 4007, 4008, 5001, 5003, 6004, 7012, 

7022, 7023.1, 8001, 8003, 9006, 9009, and 9024, and new Rules 1021, 2007.2, 

2015.1, 2015.2, 2015.3, 5008, and 6011. 

[See infra., pp. .] 

2. That the foregoing amendments to the Federal Rules of Bankruptcy 

Procedure shall take effect on December 1, 2008, and shall govern in all proceedings 

in bankruptcy cases thereafter commenced and, insofar as just and practicable, all 

proceedings then pending. 

3. That THE CHIEF JUSTICE be, and hereby is, authorized to transmit to 

the Congress the foregoing amendments to the Federal Rules of Bankruptcy 

Procedure in accordance with the provisions of Section 2075 of Title 28, United 

States Code. 
AMENDMENTS TO THE FEDERAL
 

RULES OF BANKRUPTCY PROCEDURE
 

Rule 1005. Caption of Petition 

The caption of a petition commencing a case under 

the Code shall contain the name of the court, the title of 

the case, and the docket number. The title of the case 

shall include the following information about the debtor: 

name, employer identification number, last four digits of 

the social-security number or individual debtor’s 

taxpayer-identification number, any other federal 

taxpayer-identification number, and all other names used 

within eight years before filing the petition. If the 

petition is not filed by the debtor, it shall include all 

names used by the debtor which are known to the 

petitioners. 

Rule 1006. Filing Fee 

(a) GENERAL REQUIREMENT. Every petition 
 

 

2 FEDERAL RULES OF BANKRUPTCY PROCEDURE 

shall be accompanied by the filing fee except as provided 

in subdivisions (b) and (c) of this rule. For the purpose of 

this rule, “filing fee” means the filing fee prescribed by 28 

U.S.C. § 1930(a)(1)-(a)(5) and any other fee prescribed by 

the Judicial Conference of the United States under 28 

U.S.C. § 1930(b) that is payable to the clerk upon the 

commencement of a case under the Code. 

(b) PAYMENT OF FILING FEE IN 

INSTALLMENTS. 

(1) Application to Pay Filing Fee in 

Installments. A voluntary petition by an individual shall 

be accepted for filing if accompanied by the debtor’s 

signed application, prepared as prescribed by the 

appropriate Official Form, stating that the debtor is 

unable to pay the filing fee except in installments. 

* * * * * 

(3) Postponement of Attorney’s Fees. All 
 

FEDERAL RULES OF BANKRUPTCY PROCEDURE 3 

installments of the filing fee must be paid in full before 

the debtor or chapter 13 trustee may make further 

payments to an attorney or any other person who renders 

services to the debtor in connection with the case. 

(c) WAIVER OF FILING FEE. A voluntary chapter 

7 petition filed by an individual shall be accepted for filing 

if accompanied by the debtor’s application requesting a 

waiver under 28 U.S.C. § 1930(f), prepared as prescribed 

by the appropriate Official Form. 

Rule 1007. Lists, Schedules, Statements, and Other 

Documents; Time Limits 

(a) CORPORATE OWNERSHIP STATEMENT, 

LIST OF CREDITORS AND EQUITY SECURITY 

HOLDERS, AND OTHER LISTS. 

* * * * * 

(4) Chapter 15 Case. In addition to the 

documents required under § 1515 of the Code, a foreign 
 

4 FEDERAL RULES OF BANKRUPTCY PROCEDURE 

representative filing a petition for recognition under 

chapter 15 shall file with the petition: (A) a corporate 

ownership statement containing the information 

described in Rule 7007.1; and (B) unless the court orders 

otherwise, a list containing the names and addresses of 

all persons or bodies authorized to administer foreign 

proceedings of the debtor, all parties to litigation pending 

in the United States in which the debtor is a party at the 

time of the filing of the petition, and all entities against 

whom provisional relief is being sought under § 1519 of 

the Code. 

(5) Extension of Time. Any extension of time 

for the filing of the lists required by this subdivision may 

be granted only on motion for cause shown and on notice 

to the United States trustee and to any trustee, 

committee elected under § 705 or appointed under § 1102 

of the Code, or other party as the court may direct. 
 

 

 

 

 

 

FEDERAL RULES OF BANKRUPTCY PROCEDURE 5 

(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 
 

 

 

6 FEDERAL RULES OF BANKRUPTCY PROCEDURE 

debtor’s social-security number or individual taxpayeridentification 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 
 

 

 

 

 

FEDERAL RULES OF BANKRUPTCY PROCEDURE 7 

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 
 

 

 

8 FEDERAL RULES OF BANKRUPTCY PROCEDURE 

prescribed by the appropriate Official Form. 

(5) An individual debtor in a chapter 11 case 

shall file a statement of current monthly income, 

prepared as prescribed by the appropriate Official Form. 

(6) A debtor in a chapter 13 case shall file a 

statement of current monthly income, prepared as 

prescribed by the appropriate Official Form, and, if the 

current monthly income exceeds the median family 

income for the applicable state and household size, a 

calculation of disposable income made in accordance with 

§ 1325(b)(3), prepared as prescribed by the appropriate 

Official Form. 

(7) An individual debtor in a chapter 7 or 

chapter 13 case shall file a statement of completion of a 

course concerning personal financial management, 

prepared as prescribed by the appropriate Official Form. 

An individual debtor shall file the statement in a chapter 
 

FEDERAL RULES OF BANKRUPTCY PROCEDURE 9 

11 case in which § 1141(d)(3) applies. 

(8) If an individual debtor in a chapter 11, 12, 

or 13 case has claimed an exemption under § 522(b)(3)(A) 

in property of the kind described in § 522(p)(1) with a 

value in excess of the amount set out in § 522(q)(1), the 

debtor shall file a statement as to whether there is any 

proceeding pending in which the debtor may be found 

guilty of a felony of a kind described in § 522(q)(1)(A) or 

found liable for a debt of the kind described in 

§ 522(q)(1)(B). 

(c) TIME LIMITS. In a voluntary case, the 

schedules, statements, and other documents required by 

subdivision (b)(1), (4), (5), and (6) shall be filed with the 

petition or within 15 days thereafter, except as otherwise 

provided in subdivisions (d), (e), (f), and (h) of this rule. 

In an involuntary case, the list in subdivision (a)(2), and 

the schedules, statements, and other documents required 
 

10 FEDERAL RULES OF BANKRUPTCY PROCEDURE 

by subdivision (b)(1) shall be filed by the debtor within 15 

days of the entry of the order for relief. In a voluntary 

case, the documents required by paragraphs (A), (C), and 

(D) of subdivision (b)(3) shall be filed with the petition. 

Unless the court orders otherwise, a debtor who has filed 

a statement under subdivision (b)(3)(B), shall file the 

documents required by subdivision (b)(3)(A) within 15 

days of the order for relief. In a chapter 7 case, the debtor 

shall file the statement required by subdivision (b)(7) 

within 45 days after the first date set for the meeting of 

creditors under § 341 of the Code, and in a chapter 11 or 

13 case no later than the date when the last payment was 

made by the debtor as required by the plan or the filing of 

a motion for a discharge under § 1141(d)(5)(B) or 

§ 1328(b) of the Code. The court may, at any time and in 

its discretion, enlarge the time to file the statement 

required by subdivision (b)(7). The debtor shall file the 
FEDERAL RULES OF BANKRUPTCY PROCEDURE 11 

statement required by subdivision (b)(8) no earlier than 

the date of the last payment made under the plan or the 

date of the filing of a motion for a discharge under 

§§ 1141(d)(5)(B), 1228(b), or 1328(b) of the Code. Lists, 

schedules, statements, and other documents filed prior to 

the conversion of a case to another chapter shall be 

deemed filed in the converted case unless the court directs 

otherwise. Except as provided in § 1116(3), any extension 

of time to file schedules, statements, and other documents 

required under this rule may be granted only on motion 

for cause shown and on notice to the United States 

trustee, any committee elected under § 705 or appointed 

under § 1102 of the Code, trustee, examiner, or other 

party as the court may direct. Notice of an extension 

shall be given to the United States trustee and to any 

committee, trustee, or other party as the court may direct. 

* * * * * 
 

12 FEDERAL RULES OF BANKRUPTCY PROCEDURE 

Rule 1009. Amendments of Voluntary Petitions, 

Lists, Schedules and Statements 

* * * * * 

(b) STATEMENT OF INTENTION. The statement 

of intention may be amended by the debtor at any time 

before the expiration of the period provided in § 521(a) of 

the Code. The debtor shall give notice of the amendment 

to the trustee and to any entity affected thereby. 

* * * * * 

Rule 1010. Service of Involuntary Petition and 

Summons; Petition For Recognition of a Foreign 

Nonmain Proceeding 

(a) SERVICE OF INVOLUNTARY PETITION AND 

SUMMONS; SERVICE OF PETITION FOR 

RECOGNITION OF FOREIGN NONMAIN 

PROCEEDING. On the filing of an involuntary petition 

or a petition for recognition of a foreign nonmain 

proceeding, the clerk shall forthwith issue a summons for 
FEDERAL RULES OF BANKRUPTCY PROCEDURE 13 

service. When an involuntary petition is filed, service 

shall be made on the debtor. When a petition for 

recognition of a foreign nonmain proceeding is filed, 

service shall be made on the debtor, any entity against 

whom provisional relief is sought under § 1519 of the 

Code, and on any other party as the court may direct. 

The summons shall be served with a copy of the petition 

in the manner provided for service of a summons and 

complaint by Rule 7004(a) or (b). If service cannot be so 

made, the court may order that the summons and petition 

be served by mailing copies to the party’s last known 

address, and by at least one publication in a manner and 

form directed by the court. The summons and petition 

may be served on the party anywhere. Rule 7004(e) and 

Rule 4(l) F.R.Civ.P. apply when service is made or 

attempted under this rule. 

(b) CORPORATE OWNERSHIP STATEMENT. 
 

14 FEDERAL RULES OF BANKRUPTCY PROCEDURE 

Each petitioner that is a corporation shall file with the 

involuntary petition a corporate ownership statement 

containing the information described in Rule 7007.1. 

Rule 1011. Responsive Pleading or Motion in 

Involuntary and Cross-Border Cases 

(a) WHO MAY CONTEST PETITION. The debtor 

named in an involuntary petition, or a party in interest to 

a petition for recognition of a foreign proceeding, may 

contest the petition. In the case of a petition against a 

partnership under Rule 1004, a nonpetitioning general 

partner, or a person who is alleged to be a general partner 

but denies the allegation, may contest the petition. 

* * * * * 

(f) CORPORATE OWNERSHIP STATEMENT. If 

the entity responding to the involuntary petition or the 

petition for recognition of a foreign proceeding is a 

corporation, the entity shall file with its first appearance, 
FEDERAL RULES OF BANKRUPTCY PROCEDURE 15 

pleading, motion, response, or other request addressed to 

the court a corporate ownership statement containing the 

information described in Rule 7007.1. 

Rule 1015. Consolidation or Joint Administration 

of Cases Pending in Same Court 

* * * * * 

(b) CASES INVOLVING TWO OR MORE 

RELATED DEBTORS. If a joint petition or two or more 

petitions are pending in the same court by or against (1) a 

husband and wife, or (2) a partnership and one or more of 

its general partners, or (3) two or more general partners, 

or (4) a debtor and an affiliate, the court may order a joint 

administration of the estates. Prior to entering an order 

the court shall give consideration to protecting creditors of 

different estates against potential conflicts of interest. An 

order directing joint administration of individual cases of 

a husband and wife shall, if one spouse has elected the 
16 FEDERAL RULES OF BANKRUPTCY PROCEDURE 

exemptions under § 522(b)(2) of the Code and the other 

has elected the exemptions under § 522(b)(3), fix a 

reasonable time within which either may amend the 

election so that both shall have elected the same 

exemptions. The order shall notify the debtors that 

unless they elect the same exemptions within the time 

fixed by the court, they will be deemed to have elected the 

exemptions provided by § 522(b)(2). 

* * * * * 

Rule 1017. Dismissal or Conversion of Case; 

Suspension 

* * * * * 

(e) DISMISSAL OF AN INDIVIDUAL DEBTOR’S 

CHAPTER 7 CASE, OR CONVERSION TO A CASE 

UNDER CHAPTER 11 OR 13, FOR ABUSE. The court 

may dismiss or, with the debtor’s consent, convert an 

individual debtor’s case for abuse under § 707(b) only on 
 

 

FEDERAL RULES OF BANKRUPTCY PROCEDURE 17 

motion and after a hearing on notice to the debtor, the 

trustee, the United States trustee, and any other entity as 

the court directs. 

(1) Except as otherwise provided in 

§ 704(b)(2), a motion to dismiss a case for abuse under 

§ 707(b) or (c) may be filed only within 60 days after the 

first date set for the meeting of creditors under 

§ 341(a), unless, on request filed before the time has 

expired, the court for cause extends the time for filing the 

motion to dismiss. The party filing the motion shall set 

forth in the motion all matters to be considered at the 

hearing. In addition, a motion to dismiss under 

§ 707(b)(1) and (3) shall state with particularity the 

circumstances alleged to constitute abuse. 

* * * * * 

Rule 1019. Conversion of a Chapter 11 

Reorganization Case, Chapter 12 Family Farmer’s 
 

18 FEDERAL RULES OF BANKRUPTCY PROCEDURE 

Debt Adjustment Case, or Chapter 13 Individual’s 

Debt Adjustment Case to a Chapter 7 Liquidation 

Case 

* * * * * 

(2) New Filing Periods. A new time period for 

filing a motion under § 707(b) or (c), a claim, a complaint 

objecting to discharge, or a complaint to obtain a 

determination of dischargeability of any debt shall 

commence under Rules 1017, 3002, 4004, or 4007, but a 

new time period shall not commence if a chapter 7 case 

had been converted to a chapter 11, 12, or 13 case and 

thereafter reconverted to a chapter 7 case and the time for 

filing a motion under § 707(b) or (c), a claim, a complaint 

objecting to discharge, or a complaint to obtain a 

determination of the dischargeability of any debt, or any 

extension thereof, expired in the original chapter 7 case. 

* * * * * 

Rule 1020. Small Business Chapter 11 
 

 

 

FEDERAL RULES OF BANKRUPTCY PROCEDURE 19 

Reorganization Case 

(a) SMALL BUSINESS DEBTOR DESIGNATION. 

In a voluntary chapter 11 case, the debtor shall state in 

the petition whether the debtor is a small business debtor. 

In an involuntary chapter 11 case, the debtor shall file 

within 15 days after entry of the order for relief a 

statement as to whether the debtor is a small business 

debtor. Except as provided in subdivision (c), the status 

of the case as a small business case shall be in accordance 

with the debtor’s statement under this subdivision, unless 

and until the court enters an order finding that the 

debtor’s statement is incorrect. 

(b) OBJECTING TO DESIGNATION. Except as 

provided in subdivision (c), the United States trustee or a 

party in interest may file an objection to the debtor’s 

statement under subdivision (a) no later than 30 days 
20 FEDERAL RULES OF BANKRUPTCY PROCEDURE 

after the conclusion of the meeting of creditors held under 

§ 341(a) of the Code, or within 30 days after any 

amendment to the statement, whichever is later. 

(c) APPOINTMENT OF COMMITTEE OF 

UNSECURED CREDITORS. If a committee of unsecured 

creditors has been appointed under § 1102(a)(1), the case 

shall proceed as a small business case only if, and from 

the time when, the court enters an order determining that 

the committee has not been sufficiently active and 

representative to provide effective oversight of the debtor 

and that the debtor satisfies all the other requirements 

for being a small business. A request for a determination 

under this subdivision may be filed by the United States 

trustee or a party in interest only within a reasonable 

time after the failure of the committee to be sufficiently 

active and representative. The debtor may file a request 

for a determination at any time as to whether the 
 

FEDERAL RULES OF BANKRUPTCY PROCEDURE 21 

committee has been sufficiently active and representative. 

(d) PROCEDURE FOR OBJECTION OR 

DETERMINATION. Any objection or request for a 

determination under this rule shall be governed by Rule 

9014 and served on: the debtor; the debtor’s attorney; the 

United States trustee; the trustee; any committee 

appointed under § 1102 or its authorized agent, or, if no 

committee of unsecured creditors has been appointed 

under § 1102, the creditors included on the list filed under 

Rule 1007(d); and any other entity as the court directs. 

Rule 1021. Health Care Business Case 

(a) HEALTH CARE BUSINESS DESIGNATION. 

Unless the court orders otherwise, if a petition in a case 

under chapter 7, chapter 9, or chapter 11 states that the 

debtor is a health care business, the case shall proceed as 

a case in which the debtor is a health care business. 
22 FEDERAL RULES OF BANKRUPTCY PROCEDURE 

(b) MOTION. The United States trustee or a party 

in interest may file a motion to determine whether the 

debtor is a health care business. The motion shall be 

transmitted to the United States trustee and served on: 

the debtor; the trustee; any committee elected under § 705 

or appointed under § 1102 of the Code or its authorized 

agent, or, if the case is a chapter 9 municipality case or a 

chapter 11 reorganization case and no committee of 

unsecured creditors has been appointed under § 1102, the 

creditors included on the list filed under Rule 1007(d); 

and any other entity as the court directs. The motion 

shall be governed by Rule 9014. 

Rule 2002. Notices to Creditors, Equity Security 

Holders, Administrators in Foreign Proceedings, 

Persons Against Whom Provisional Relief is Sought 

in Ancillary and Other Cross-Border Cases, United 

States, and United States Trustee 

(a) TWENTY-DAY NOTICES TO PARTIES IN 

INTEREST. Except as provided in subdivisions (h), (i), 
FEDERAL RULES OF BANKRUPTCY PROCEDURE 23 

(l), (p), and (q) of this rule, the clerk, or some other person 

as the court may direct, shall give the debtor, the trustee, 

all creditors and indenture trustees at least 20 days’ 

notice by mail of: 

* * * * * 

(b) TWENTY-FIVE-DAY NOTICES TO PARTIES 

IN INTEREST. Except as provided in subdivision (l) of 

this rule, the clerk, or some other person as the court may 

direct, shall give the debtor, the trustee, all creditors and 

indenture trustees not less than 25 days notice by mail of 

the time fixed (1) for filing objections and the hearing to 

consider approval of a disclosure statement or, under 

§ 1125(f), to make a final determination whether the plan 

provides adequate information so that a separate 

disclosure statement is not necessary; and (2) for filing 

objections and the hearing to consider confirmation of a 
 

24 FEDERAL RULES OF BANKRUPTCY PROCEDURE 

chapter 9, chapter 11, or chapter 13 plan. 

(c) CONTENT OF NOTICE. 

(1) Proposed Use, Sale, or Lease of Property. 

Subject to Rule 6004, the notice of a proposed use, sale, or 

lease of property required by subdivision (a)(2) of this rule 

shall include the time and place of any public sale, the 

terms and conditions of any private sale and the time 

fixed for filing objections. The notice of a proposed use, 

sale, or lease of property, including real estate, is 

sufficient if it generally describes the property. The 

notice of a proposed sale or lease of personally identifiable 

information under § 363(b)(1) of the Code shall state 

whether the sale is consistent with any policy prohibiting 

the transfer of the information. 

* * * * * 

(f) OTHER NOTICES. Except as provided in 

subdivision (l) of this rule, the clerk, or some other person 
 

 

 

 

 

 

 

FEDERAL RULES OF BANKRUPTCY PROCEDURE 25 

as the court may direct, shall give the debtor, all 

creditors, and indenture trustees notice by mail of: 

(1) the order for relief; 

(2) the dismissal or the conversion of the case to 

another chapter, or the suspension of proceedings under 

§ 305; 

(3) the time allowed for filing claims pursuant 

to Rule 3002; 

(4) the time fixed for filing a complaint 

objecting to the debtor’s discharge pursuant to § 727 

of the Code as provided in Rule 4004; 

(5) the time fixed for filing a complaint to 

determine the dischargeability of a debt pursuant to 

§ 523 of the Code as provided in Rule 4007; 

(6) the waiver, denial, or revocation of a 

discharge as provided in Rule 4006; 
 

 

 

 

 

 

 

26 FEDERAL RULES OF BANKRUPTCY PROCEDURE 

(7) entry of an order confirming a chapter 9, 11, 

or 12 plan; 

(8) a summary of the trustee’s final report in a 

chapter 7 case if the net proceeds realized exceed $1,500; 

(9) a notice under Rule 5008 regarding the 

presumption of abuse; 

(10) a statement under § 704(b)(1) as to whether 

the debtor’s case would be presumed to be an abuse under 

§ 707(b); and 

(11) the time to request a delay in the entry of 

the discharge under §§ 1141(d)(5)(C), 1228(f), and 

1328(h). Notice of the time fixed for accepting or rejecting 

a plan pursuant to Rule 3017(c) shall be given in 

accordance with Rule 3017(d). 

(g) ADDRESSING NOTICES. 

* * * * * 

(2) Except as provided in § 342(f) of the Code, if 
 

FEDERAL RULES OF BANKRUPTCY PROCEDURE 27 

a creditor or indenture trustee has not filed a request 

designating a mailing address under Rule 2002(g)(1) or 

Rule 5003(e), the notices shall be mailed to the address 

shown on the list of creditors or schedule of liabilities, 

whichever is filed later. If an equity security holder has 

not filed a request designating a mailing address under 

Rule 2002(g)(1) or Rule 5003(e), the notices shall be 

mailed to the address shown on the list of equity security 

holders. 

* * * * * 

(5) A creditor may treat a notice as not having 

been brought to the creditor’s attention under § 342(g)(1) 

only if, prior to issuance of the notice, the creditor has 

filed a statement that designates the name and address of 

the person or organizational subdivision of the creditor 

responsible for receiving notices under the Code, and that 
 

28 FEDERAL RULES OF BANKRUPTCY PROCEDURE 

describes the procedures established by the creditor to 

cause such notices to be delivered to the designated 

person or subdivision. 

* * * * * 

(k) NOTICES TO UNITED STATES TRUSTEE. 

Unless the case is a chapter 9 municipality case or unless 

the United States trustee requests otherwise, the clerk, or 

some other person as the court may direct, shall transmit 

to the United States trustee notice of the matters 

described in subdivisions (a)(2), (a)(3), (a)(4), (a)(8), (b), 

(f)(1), (f)(2), (f)(4), (f)(6), (f)(7), (f)(8), and (q) of this rule 

and notice of hearings on all applications for 

compensation or reimbursement of expenses. Notices to 

the United States trustee shall be transmitted within the 

time prescribed in subdivision (a) or (b) of this rule. The 

United States trustee shall also receive notice of any 

other matter if such notice is requested by the United 
 

FEDERAL RULES OF BANKRUPTCY PROCEDURE 29 

States trustee or ordered by the court. Nothing in these 

rules requires the clerk or any other person to transmit to 

the United States trustee any notice, schedule, report, 

application or other document in a case under the 

Securities Investor Protection Act, 15 U.S.C. § 78aaa et. 

seq. 

* * * * * 

(p) NOTICE TO A CREDITOR WITH A FOREIGN 

ADDRESS. 

(1) If, at the request of the United States 

trustee or a party in interest, or on its own initiative, the 

court finds that a notice mailed within the time 

prescribed by these rules would not be sufficient to give a 

creditor with a foreign address to which notices under 

these rules are mailed reasonable notice under the 

circumstances, the court may order that the notice be 
 

 

 

30 FEDERAL RULES OF BANKRUPTCY PROCEDURE 

supplemented with notice by other means or that the time 

prescribed for the notice by mail be enlarged. 

(2) Unless the court for cause orders otherwise, 

a creditor with a foreign address to which notices under 

this rule are mailed shall be given at least 30 days’ notice 

of the time fixed for filing a proof of claim under Rule 

3002(c) or Rule 3003(c). 

(3) Unless the court for cause orders otherwise, 

the mailing address of a creditor with a foreign address 

shall be determined under Rule 2002(g). 

(q) NOTICE OF PETITION FOR RECOGNITION 

OF FOREIGN PROCEEDING AND OF COURT’S 

INTENTION TO COMMUNICATE WITH FOREIGN 

COURTS AND FOREIGN REPRESENTATIVES. 

(1) Notice of Petition for Recognition. The clerk, 

or some other person as the court may direct, shall 

forthwith give the debtor, all persons or bodies authorized 
 

FEDERAL RULES OF BANKRUPTCY PROCEDURE 31 

to administer foreign proceedings of the debtor, all 

entities against whom provisional relief is being sought 

under § 1519 of the Code, all parties to litigation pending 

in the United States in which the debtor is a party at the 

time of the filing of the petition, and such other entities as 

the court may direct, at least 20 days’ notice by mail of 

the hearing on the petition for recognition of a foreign 

proceeding. The notice shall state whether the petition 

seeks recognition as a foreign main proceeding or foreign 

nonmain proceeding. 

(2) Notice of Court’s Intention to Communicate 

with Foreign Courts and Foreign Representatives. The 

clerk, or some other person as the court may direct, shall 

give the debtor, all persons or bodies authorized to 

administer foreign proceedings of the debtor, all entities 

against whom provisional relief is being sought under 
 

32 FEDERAL RULES OF BANKRUPTCY PROCEDURE 

§ 1519 of the Code, all parties to litigation pending in the 

United States in which the debtor is a party at the time of 

the filing of the petition, and such other entities as the 

court may direct, notice by mail of the court’s intention to 

communicate with a foreign court or foreign 

representative. 

Rule 2003. Meeting of Creditors or Equity Security 

Holders 

(a) DATE AND PLACE. Except as otherwise 

provided in § 341(e) of the Code, in a chapter 7 liquidation 

or a chapter 11 reorganization case, the United States 

trustee shall call a meeting of creditors to be held no 

fewer than 20 and no more than 40 days after the order 

for relief. In a chapter 12 family farmer’s debt 

adjustment case, the United States trustee shall call a 

meeting of creditors to be held no fewer than 20 and no 

more than 35 days after the order for relief. In a chapter 
 

FEDERAL RULES OF BANKRUPTCY PROCEDURE 33 

13 individual’s debt adjustment case, the United States 

trustee shall call a meeting of creditors to be held no 

fewer than 20 and no more than 50 days after the order 

for relief. If there is an appeal from or a motion to vacate 

the order for relief, or if there is a motion to dismiss the 

case, the United States trustee may set a later date for 

the meeting. The meeting may be held at a regular place 

for holding court or at any other place designated by the 

United States trustee within the district convenient for 

the parties in interest. If the United States trustee 

designates a place for the meeting which is not regularly 

staffed by the United States trustee or an assistant who 

may preside at the meeting, the meeting may be held not 

more than 60 days after the order for relief. 

* * * * * 

Rule 2007.1. Appointment of Trustee or Examiner 

in a Chapter 11 Reorganization Case 
 

 

 

34 FEDERAL RULES OF BANKRUPTCY PROCEDURE 

* * * * * 

(b)	 ELECTION OF TRUSTEE. 

* * * * * 

(3) Report of Election and Resolution of 

Disputes. 

(A) Report of Undisputed Election. If no 

dispute arises out of the election, the United States 

trustee shall promptly file a report certifying the election, 

including the name and address of the person elected and 

a statement that the election is undisputed. The report 

shall be accompanied by a verified statement of the 

person elected setting forth that person’s connections with 

the debtor, creditors, any other party in interest, their 

respective attorneys and accountants, the United States 

trustee, or any person employed in the office of the United 

States trustee. 
 

FEDERAL RULES OF BANKRUPTCY PROCEDURE 35 

(B) Dispute Arising Out of an Election. If a 

dispute arises out of an election, the United States trustee 

shall promptly file a report stating that the election is 

disputed, informing the court of the nature of the dispute, 

and listing the name and address of any candidate elected 

under any alternative presented by the dispute. The 

report shall be accompanied by a verified statement by 

each candidate elected under each alternative presented 

by the dispute, setting forth the person’s connections with 

the debtor, creditors, any other party in interest, their 

respective attorneys and accountants, the United States 

trustee, or any person employed in the office of the United 

States trustee. Not later than the date on which the 

report of the disputed election is filed, the United States 

trustee shall mail a copy of the report and each verified 

statement to any party in interest that has made a 
36 FEDERAL RULES OF BANKRUPTCY PROCEDURE 

request to convene a meeting under § 1104(b) or to receive 

a copy of the report, and to any committee appointed 

under § 1102 of the Code. 

(c) APPROVAL OF APPOINTMENT. An order 

approving the appointment of a trustee or an examiner 

under §1104(d) of the Code shall be made on application 

of the United States trustee. The application shall state 

the name of the person appointed and, to the best of the 

applicant’s knowledge, all the person’s connections with 

the debtor, creditors, any other parties in interest, their 

respective attorneys and accountants, the United States 

trustee, or persons employed in the office of the United 

States trustee. The application shall state the names of 

the parties in interest with whom the United States 

trustee consulted regarding the appointment. The 

application shall be accompanied by a verified statement 

of the person appointed setting forth the person’s 
FEDERAL RULES OF BANKRUPTCY PROCEDURE 37 

connections with the debtor, creditors, any other party in 

interest, their respective attorneys and accountants, the 

United States trustee, or any person employed in the 

office of the United States trustee. 

Rule 2007.2. Appointment of Patient Care 

Ombudsman in a Health Care Business Case 

(a) ORDER TO APPOINT PATIENT CARE 

OMBUDSMAN. In a chapter 7, chapter 9, or chapter 11 

case in which the debtor is a health care business, the 

court shall order the appointment of a patient care 

ombudsman under § 333 of the Code, unless the court, on 

motion of the United States trustee or a party in interest 

filed no later than 20 days after the commencement of the 

case or within another time fixed by the court, finds that 

the appointment of a patient care ombudsman is not 

necessary under the specific circumstances of the case for 

the protection of patients. 
38 FEDERAL RULES OF BANKRUPTCY PROCEDURE 

(b) MOTION FOR ORDER TO APPOINT 

OMBUDSMAN. If the court has found that the 

appointment of an ombudsman is not necessary, or has 

terminated the appointment, the court, on motion of the 

United States trustee or a party in interest, may order the 

appointment at a later time if it finds that the 

appointment has become necessary to protect patients. 

(c) NOTICE OF APPOINTMENT. If a patient care 

ombudsman is appointed under § 333, the United States 

trustee shall promptly file a notice of the appointment, 

including the name and address of the person appointed. 

Unless the person appointed is a State Long-Term Care 

Ombudsman, the notice shall be accompanied by a 

verified statement of the person appointed setting forth 

the person’s connections with the debtor, creditors, 

patients, any other party in interest, their respective 

attorneys and accountants, the United States trustee, and 
FEDERAL RULES OF BANKRUPTCY PROCEDURE 39 

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); 
 

 

 

40 FEDERAL RULES OF BANKRUPTCY PROCEDURE 

and such other entities as the court may direct. 

Rule 2015. Duty to Keep Records, Make Reports, 

and Give Notice of Case or Change of Status 

(a) TRUSTEE OR DEBTOR IN POSSESSION. A 

trustee or debtor in possession shall: 

(1) in a chapter 7 liquidation case and, if the 

court directs, in a chapter 11 reorganization case file and 

transmit to the United States trustee a complete 

inventory of the property of the debtor within 30 days 

after qualifying as a trustee or debtor in possession, 

unless such an inventory has already been filed; 

(2) keep a record of receipts and the disposition 

of money and property received; 

(3) file the reports and summaries required by 

§ 704(8) of the Code which shall include a statement, if 

payments are made to employees, of the amounts of 

deductions for all taxes required to be withheld or paid for 
 

 

FEDERAL RULES OF BANKRUPTCY PROCEDURE 41 

and in behalf of employees and the place where these 

amounts are deposited; 

(4) as soon as possible after the commencement 

of the case, give notice of the case to every entity known to 

be holding money or property subject to withdrawal or 

order of the debtor, including every bank, savings or 

building and loan association, public utility company, and 

landlord with whom the debtor has a deposit, and to every 

insurance company which has issued a policy having a 

cash surrender value payable to the debtor, except that 

notice need not be given to any entity who has knowledge 

or has previously been notified of the case; 

(5) in a chapter 11 reorganization case, on or 

before the last day of the month after each calendar 

quarter during which there is a duty to pay fees under 28 

U.S.C. § 1930(a)(6), file and transmit to the United States 
 

 

42 FEDERAL RULES OF BANKRUPTCY PROCEDURE 

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 20 days after the last day of the calendar 

month following the month covered by the report. The 

obligation to file reports under this subparagraph 
FEDERAL RULES OF BANKRUPTCY PROCEDURE 43 

terminates on the effective date of the plan, or conversion 

or dismissal of the case. 

* * * * * 

(d) FOREIGN REPRESENTATIVE. In a case in 

which the court has granted recognition of a foreign 

proceeding under chapter 15, the foreign representative 

shall file any notice required under § 1518 of the Code 

within 15 days after the date when the representative 

becomes aware of the subsequent information. 

(e) TRANSMISSION OF REPORTS. In a chapter 

11 case the court may direct that copies or summaries of 

annual reports and copies or summaries of other reports 

shall be mailed to the creditors, equity security holders, 

and indenture trustees. The court may also direct the 

publication of summaries of any such reports. A copy of 

every report or summary mailed or published pursuant to 
44 FEDERAL RULES OF BANKRUPTCY PROCEDURE 

this subdivision shall be transmitted to the United States 

trustee. 

Rule 2015.1. Patient Care Ombudsman 

(a) REPORTS. A patient care ombudsman, at least 

10 days before making a report under § 333(b)(2) of the 

Code, shall give notice that the report will be made to the 

court, unless the court orders otherwise. The notice shall 

be transmitted to the United States trustee, posted 

conspicuously at the health care facility that is the subject 

of the report, and served on: the debtor; the trustee; all 

patients; and any committee elected under § 705 or 

appointed under § 1102 of the Code or its authorized 

agent, or, if the case is a chapter 9 municipality case or a 

chapter 11 reorganization case and no committee of 

unsecured creditors has been appointed under § 1102, on 

the creditors included on the list filed under Rule 1007(d); 
FEDERAL RULES OF BANKRUPTCY PROCEDURE 45 

and such other entities as the court may direct. The 

notice shall state the date and time when the report will 

be made, the manner in which the report will be made, 

and, if the report is in writing, the name, address, 

telephone number, email address, and website, if any, of 

the person from whom a copy of the report may be 

obtained at the debtor’s expense. 

(b) AUTHORIZATION TO REVIEW 

CONFIDENTIAL PATIENT RECORDS. A motion by a 

patient care ombudsman under § 333(c) to review 

confidential patient records shall be governed by Rule 

9014, served on the patient and any family member or 

other contact person whose name and address have been 

given to the trustee or the debtor for the purpose of 

providing information regarding the patient’s health care, 

and transmitted to the United States trustee subject to 
 

 

46 FEDERAL RULES OF BANKRUPTCY PROCEDURE 

applicable nonbankruptcy law relating to patient privacy. 

Unless the court orders otherwise, a hearing on the 

motion may not be commenced earlier than 15 days after 

service of the motion. 

Rule 2015.2. Transfer of Patient in Health Care 

Business Case 

Unless the court orders otherwise, if the debtor is a 

health care business, the trustee may not transfer a 

patient to another health care business under 

§ 704(a)(12) of the Code unless the trustee gives at least 

10 days’ notice of the transfer to the patient care 

ombudsman, if any, the patient, and any family member 

or other contact person whose name and address have 

been given to the trustee or the debtor for the purpose of 

providing information regarding the patient’s health care. 

The notice is subject to applicable nonbankruptcy law 

relating to patient privacy. 
 

FEDERAL RULES OF BANKRUPTCY PROCEDURE 47 

Rule 2015.3. Reports of Financial Information on 

Entities in Which a Chapter 11 Estate Holds a 

Controlling or Substantial Interest 

(a) REPORTING REQUIREMENT. In a chapter 11 

case, the trustee or debtor in possession shall file periodic 

financial reports of the value, operations, and profitability 

of each entity that is not a publicly traded corporation or 

a debtor in a case under title 11, and in which the estate 

holds a substantial or controlling interest. The reports 

shall be prepared as prescribed by the appropriate Official 

Form, and shall be based upon the most recent 

information reasonably available to the trustee or debtor 

in possession. 

(b) TIME FOR FILING; SERVICE. The first report 

required by this rule shall be filed no later than five days 

before the first date set for the meeting of creditors under 

§ 341 of the Code. Subsequent reports shall be filed no 
48 FEDERAL RULES OF BANKRUPTCY PROCEDURE 

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 
 

FEDERAL RULES OF BANKRUPTCY PROCEDURE 49 

may seek to rebut either presumption, and the court 

shall, after notice and a hearing, determine whether the 

estate’s interest in the entity is substantial or controlling. 

(d) MODIFICATION OF REPORTING 

REQUIREMENT. The court may, after notice and a 

hearing, vary the reporting requirement established by 

subdivision (a) of this rule for cause, including that the 

trustee or debtor in possession is not able, after a good 

faith effort, to comply with those reporting requirements, 

or that the information required by subdivision (a) is 

publicly available. 

(e) NOTICE AND PROTECTIVE ORDERS. No 

later than 14 days before filing the first report required by 

this rule, the trustee or debtor in possession shall send 

notice to the entity in which the estate has a substantial 

or controlling interest, and to all holders – known to the 
 

50 FEDERAL RULES OF BANKRUPTCY PROCEDURE 

trustee or debtor in possession – of an interest in that 

entity, that the trustee or debtor in possession expects to 

file and serve financial information relating to the entity 

in accordance with this rule. The entity in which the 

estate has a substantial or controlling interest, or a 

person holding an interest in that entity, may request 

protection of the information under § 107 of the Code. 

(f) EFFECT OF REQUEST. Unless the court 

orders otherwise, the pendency of a request under 

subdivisions (c), (d), or (e) of this rule shall not alter or 

stay the requirements of subdivision (a). 

Rule 3002. Filing Proof of Claim or Interest 

* * * * * 

(c) TIME FOR FILING. In a chapter 7 liquidation, 

chapter 12 family farmer’s debt adjustment, or chapter 13 

individual’s debt adjustment case, a proof of claim is 

timely filed if it is filed not later than 90 days after the 
 

 

FEDERAL RULES OF BANKRUPTCY PROCEDURE 51 

first date set for the meeting of creditors called under 

§ 341(a) of the Code, except as follows: 

(1) A proof of claim filed by a governmental 

unit, other than for a claim resulting from a tax return 

filed under § 1308, is timely filed if it is filed not later 

than 180 days after the date of the order for relief. A proof 

of claim filed by a governmental unit for a claim resulting 

from a tax return filed under § 1308 is timely filed if it is 

filed no later than 180 days after the date of the order for 

relief or 60 days after the date of the filing of the tax 

return. The court may, for cause, enlarge the time for a 

governmental unit to file a proof of claim only upon 

motion of the governmental unit made before expiration 

of the period for filing a timely proof of claim. 

* * * * * 

(5) If notice of insufficient assets to pay a 
 

 

52 FEDERAL RULES OF BANKRUPTCY PROCEDURE 

dividend was given to creditors under Rule 2002(e), and 

subsequently the trustee notifies the court that payment 

of a dividend appears possible, the clerk shall give at least 

90 days’ notice by mail to creditors of that fact and of the 

date by which proofs of claim must be filed. 

(6) If notice of the time to file a proof of claim 

has been mailed to a creditor at a foreign address, on 

motion filed by the creditor before or after the expiration 

of the time, the court may extend the time by not more 

than 60 days if the court finds that the notice was 

insufficient under the circumstances to give the creditor a 

reasonable time to file a proof of claim. 

Rule 3003. Filing Proof of Claim or Equity Security 

Interest in Chapter 9 Municipality or Chapter 11 

Reorganization Cases 

* * * * * 

(c) FILING PROOF OF CLAIM. 
 

 

 

FEDERAL RULES OF BANKRUPTCY PROCEDURE 53 

(1) Who May File. Any creditor or indenture 

trustee may file a proof of claim within the time 

prescribed by subdivision (c)(3) of this rule. 

(2) Who Must File. Any creditor or equity 

security holder whose claim or interest is not scheduled or 

scheduled as disputed, contingent, or unliquidated shall 

file a proof of claim or interest within the time prescribed 

by subdivision (c)(3) of this rule; any creditor who fails to 

do so shall not be treated as a creditor with respect to 

such claim for the purposes of voting and distribution. 

(3) Time for Filing. The court shall fix and for 

cause shown may extend the time within which proofs of 

claim or interest may be filed. Notwithstanding the 

expiration of such time, a proof of claim may be filed to 

the extent and under the conditions stated in Rule 

3002(c)(2), (c)(3), (c)(4), and (c)(6). 
 

 

54 FEDERAL RULES OF BANKRUPTCY PROCEDURE 

(4) Effect of Filing Claim or Interest. A proof of 

claim or interest executed and filed in accordance with 

this subdivision shall supersede any scheduling of that 

claim or interest pursuant to § 521(a)(1) of the Code. 

(5) Filing by Indenture Trustee. An indenture 

trustee may file a claim on behalf of all known or 

unknown holders of securities issued pursuant to the 

trust instrument under which it is trustee. 

* * * * * 

Rule 3016. Filing of Plan and Disclosure Statement 

in a Chapter 9 Municipality or Chapter 11 

Reorganization Case 

* * * * * 

(b) DISCLOSURE STATEMENT. In a chapter 9 or 

11 case, a disclosure statement under § 1125 of the Code 

or evidence showing compliance with § 1126(b) shall be 

filed with the plan or within a time fixed by the court, 

unless the plan is intended to provide adequate 
FEDERAL RULES OF BANKRUPTCY PROCEDURE 55 

information under § 1125(f)(1). If the plan is intended to 

provide adequate information under § 1125(f)(1), it shall 

be so designated and Rule 3017.1 shall apply as if the 

plan is a disclosure statement. 

* * * * * 

(d) STANDARD FORM SMALL BUSINESS 

DISCLOSURE STATEMENT AND PLAN. In a small 

business case, the court may approve a disclosure 

statement and may confirm a plan that conform 

substantially to the appropriate Official Forms or other 

standard forms approved by the court. 

Rule 3017.1. Court Consideration of Disclosure 

Statement in a Small Business Case 

(a) CONDITIONAL APPROVAL OF DISCLOSURE 

STATEMENT. In a small business case, the court may, 

on application of the plan proponent or on its own 

initiative, conditionally approve a disclosure statement 
 

 

 

 

 

56 FEDERAL RULES OF BANKRUPTCY PROCEDURE 

filed in accordance with Rule 3016. On or before 

conditional approval of the disclosure statement, the court 

shall: 

(1) fix a time within which the holders of claims 

and interests may accept or reject the plan; 

(2) fix a time for filing objections to the 

disclosure statement; 

(3) fix a date for the hearing on final approval 

of the disclosure statement to be held if a timely objection 

is filed; and 

(4) fix a date for the hearing on confirmation. 

* * * * * 

Rule 3019. Modification of Accepted Plan in a 

Chapter 9 Municipality or a Chapter 11 

Reorganization Case 

(a) MODIFICATION OF PLAN BEFORE 

CONFIRMATION. In a chapter 9 or chapter 11 case, 

after a plan has been accepted and before its 
FEDERAL RULES OF BANKRUPTCY PROCEDURE 57 

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 
 

 

 

58 FEDERAL RULES OF BANKRUPTCY PROCEDURE 

some other person as the court may direct, shall give the 

debtor, the trustee, and all creditors not less than 20 days’ 

notice by mail of the time fixed to file objections and, if an 

objection is filed, the hearing to consider the proposed 

modification, unless the court orders otherwise with 

respect to creditors who are not affected by the proposed 

modification. A copy of the notice shall be transmitted to 

the United States trustee, together with a copy of the 

proposed modification. Any objection to the proposed 

modification shall be filed and served on the debtor, the 

proponent of the modification, the trustee, and any other 

entity designated by the court, and shall be transmitted to 

the United States trustee. 

Rule 4002. Duties of Debtor 

(a) IN GENERAL. In addition to performing other 

duties prescribed by the Code and rules, the debtor shall: 

(1) attend and submit to an examination at the 
 

 

 

 

FEDERAL RULES OF BANKRUPTCY PROCEDURE 59 

times ordered by the court; 

(2) attend the hearing on a complaint objecting 

to discharge and testify, if called as a witness; 

(3) inform the trustee immediately in writing as 

to the location of real property in which the debtor has an 

interest and the name and address of every person 

holding money or property subject to the debtor’s 

withdrawal or order if a schedule of property has not yet 

been filed pursuant to Rule 1007; 

(4) cooperate with the trustee in the 

preparation of an inventory, the examination of proofs of 

claim, and the administration of the estate; and 

(5) file a statement of any change of the debtor’s 

address. 

(b) INDIVIDUAL DEBTOR’S DUTY TO PROVIDE 

DOCUMENTATION. 
 

 

 

 

 

60 FEDERAL RULES OF BANKRUPTCY PROCEDURE 

(1) Personal Identification. Every individual 

debtor shall bring to the meeting of creditors under 

§ 341: 

(A) a picture identification issued by a 

governmental unit, or other personal identifying 

information that establishes the debtor’s identity; and 

(B) evidence of social-security number(s), or 

a written statement that such documentation does not 

exist. 

(2) Financial Information. Every individual 

debtor shall bring to the meeting of creditors under § 341, 

and make available to the trustee, the following 

documents or copies of them, or provide a written 

statement that the documentation does not exist or is not 

in the debtor’s possession: 

(A) evidence of current income such as the 

most recent payment advice; 
 

 

 

FEDERAL RULES OF BANKRUPTCY PROCEDURE 61 

(B) unless the trustee or the United States 

trustee instructs otherwise, statements for each of the 

debtor’s depository and investment accounts, including 

checking, savings, and money market accounts, mutual 

funds and brokerage accounts for the time period that 

includes the date of the filing of the petition; and 

(C) documentation of monthly expenses 

claimed by the debtor if required by § 707(b)(2)(A) or (B). 

(3) Tax Return. At least 7 days before the first 

date set for the meeting of creditors under § 341, the 

debtor shall provide to the trustee a copy of the debtor’s 

federal income tax return for the most recent tax year 

ending immediately before the commencement of the case 

and for which a return was filed, including any 

attachments, or a transcript of the tax return, or provide 

a written statement that the documentation does not 
 

 

62 FEDERAL RULES OF BANKRUPTCY PROCEDURE 

exist. 

(4) Tax Returns Provided to Creditors. If a 

creditor, at least 15 days before the first date set for the 

meeting of creditors under § 341, requests a copy of the 

debtor’s tax return that is to be provided to the trustee 

under subdivision (b)(3), the debtor, at least 7 days before 

the first date set for the meeting of creditors under § 341, 

shall provide to the requesting creditor a copy of the 

return, including any attachments, or a transcript of the 

tax return, or provide a written statement that the 

documentation does not exist. 

(5) Confidentiality of Tax Information. The 

debtor’s obligation to provide tax returns under Rule 

4002(b)(3) and (b)(4) is subject to procedures for 

safeguarding the confidentiality of tax information 

established by the Director of the Administrative Office 

of the United States Courts. 
 

 

FEDERAL RULES OF BANKRUPTCY PROCEDURE 63 

Rule 4003. Exemptions 

* * * * * 

(b) OBJECTING TO A CLAIM OF EXEMPTIONS. 

(1) Except as provided in paragraphs (2) and 

(3), a party in interest may file an objection to the list of 

property claimed as exempt within 30 days after the 

meeting of creditors held under § 341(a) is concluded or 

within 30 days after any amendment to the list or 

supplemental schedules is filed, whichever is later. The 

court may, for cause, extend the time for filing objections 

if, before the time to object expires, a party in interest 

files a request for an extension. 

(2) The trustee may file an objection to a claim 

of exemption at any time prior to one year after the 

closing of the case if the debtor fraudulently asserted the 

claim of exemption. The trustee shall deliver or mail the 
 

 

64 FEDERAL RULES OF BANKRUPTCY PROCEDURE 

objection to the debtor and the debtor’s attorney, and to 

any person filing the list of exempt property and that 

person’s attorney. 

(3) An objection to a claim of exemption based 

on § 522(q) shall be filed before the closing of the case. If 

an exemption is first claimed after a case is reopened, an 

objection shall be filed before the reopened case is closed. 

(4) A copy of any objection shall be delivered or 

mailed to the trustee, the debtor and the debtor’s 

attorney, and the person filing the list and that person’s 

attorney. 

* * * * * 

(d) AVOIDANCE BY DEBTOR OF TRANSFERS OF 

EXEMPT PROPERTY. A proceeding by the debtor to 

avoid a lien or other transfer of property exempt under 

§ 522(f) of the Code shall be by motion in accordance with 

Rule 9014. Notwithstanding the provisions of subdivision 
 

 

 

 

FEDERAL RULES OF BANKRUPTCY PROCEDURE 65 

(b), a creditor may object to a motion filed under § 522(f) 

by challenging the validity of the exemption asserted to be 

impaired by the lien. 

Rule 4004. Grant or Denial of Discharge 

* * * * * 

(c) GRANT OF DISCHARGE. 

(1) In a chapter 7 case, on expiration of the time 

fixed for filing a complaint objecting to discharge and the 

time fixed for filing a motion to dismiss the case under 

Rule 1017(e), the court shall forthwith grant the 

discharge unless: 

(A) the debtor is not an individual; 

(B) a complaint objecting to the discharge 

has been filed; 

(C) the debtor has filed a waiver under 

§ 727(a)(10); 
 

 

 

 

 

 

66 FEDERAL RULES OF BANKRUPTCY PROCEDURE 

(D) a motion to dismiss the case under 

§ 707 is pending; 

(E) a motion to extend the time for filing a 

complaint objecting to the discharge is pending; 

(F) a motion to extend the time for filing a 

motion to dismiss the case under Rule 1017(e)(1) is 

pending; 

(G) the debtor has not paid in full the filing 

fee prescribed by 28 U.S.C. § 1930(a) and any other fee 

prescribed by the Judicial Conference of the United States 

under 28 U.S.C. § 1930(b) that is payable to the clerk 

upon the commencement of a case under the Code, unless 

the court has waived the fees under 28 U.S.C. § 1930(f); 

(H) the debtor has not filed with the court a 

statement of completion of a course concerning personal 

financial management as required by Rule 1007(b)(7); 

(I) a motion to delay or postpone discharge 
 

 

 

 

FEDERAL RULES OF BANKRUPTCY PROCEDURE 67 

under § 727(a)(12) is pending; 

(J) a motion to enlarge the time to file a 

reaffirmation agreement under Rule 4008(a) is pending; 

(K) a presumption has arisen under 

§ 524(m) that a reaffirmation agreement is an undue 

hardship; or 

(L) a motion is pending to delay discharge, 

because the debtor has not filed with the court all tax 

documents required to be filed under § 521(f). 

* * * * * 

(3) If the debtor is required to file a statement 

under Rule 1007(b)(8), the court shall not grant a 

discharge earlier than 30 days after the statement is filed. 

* * * * * 

Rule 4006. Notice of No Discharge 

If an order is entered: denying a discharge; revoking a 
68 FEDERAL RULES OF BANKRUPTCY PROCEDURE 

discharge; approving a waiver of discharge; or, in the case 

of an individual debtor, closing the case without the entry 

of a discharge, the clerk shall promptly notify all parties 

in interest in the manner provided by Rule 2002. 

Rule 4007. Determination of Dischargeability of a 

Debt 

* * * * * 

(c) TIME FOR FILING COMPLAINT UNDER 

§ 523(c) IN A CHAPTER 7 LIQUIDATION, CHAPTER 11 

REORGANIZATION, CHAPTER 12 FAMILY FARMER’S 

DEBT ADJUSTMENT CASE, OR CHAPTER 13 

INDIVIDUAL’S DEBT ADJUSTMENT CASE; NOTICE 

OF TIME FIXED. Except as otherwise provided in 

subdivision (d), a complaint to determine the 

dischargeability of a debt under § 523(c) shall be filed no 

later than 60 days after the first date set for the meeting 

of creditors under § 341(a). The court shall give all 
FEDERAL RULES OF BANKRUPTCY PROCEDURE 69 

creditors no less than 30 days’ notice of the time so fixed 

in the manner provided in Rule 2002. On motion of a 

party in interest, after hearing on notice, the court may 

for cause extend the time fixed under this subdivision. 

The motion shall be filed before the time has expired. 

(d) TIME FOR FILING COMPLAINT UNDER 

§ 523(a)(6) IN A CHAPTER 13 INDIVIDUAL’S DEBT 

ADJUSTMENT CASE; NOTICE OF TIME FIXED. On 

motion by a debtor for a discharge under § 1328(b), the 

court shall enter an order fixing the time to file a 

complaint to determine the dischargeability of any debt 

under § 523(a)(6) and shall give no less than 30 days’ 

notice of the time fixed to all creditors in the manner 

provided in Rule 2002. On motion of any party in 

interest, after hearing on notice, the court may for cause 

extend the time fixed under this subdivision. The motion 
 

70 FEDERAL RULES OF BANKRUPTCY PROCEDURE 

shall be filed before the time has expired. 

* * * * * 

Rule 4008. Filing of Reaffirmation Agreement; 

Statement in Support of Reaffirmation Agreement 

(a) FILING OF REAFFIRMATION AGREEMENT. 

A reaffirmation agreement shall be filed no later than 60 

days after the first date set for the meeting of creditors 

under § 341(a) of the Code. The court may, at any time 

and in its discretion, enlarge the time to file a 

reaffirmation agreement. 

(b) STATEMENT IN SUPPORT OF 

REAFFIRMATION AGREEMENT. The debtor’s 

statement required under § 524(k)(6)(A) of the Code shall 

be accompanied by a statement of the total income and 

expenses stated on schedules I and J. If there is a 

difference between the total income and expenses stated 

on those schedules and the statement required under 
 

FEDERAL RULES OF BANKRUPTCY PROCEDURE 71 

§ 524(k)(6)(A), the statement required by this subdivision 

shall include an explanation of the difference. 

Rule 5001. Courts and Clerks’ Offices 

* * * * * 

(b) TRIALS AND HEARINGS; ORDERS IN 

CHAMBERS. All trials and hearings shall be conducted 

in open court and so far as convenient in a regular court 

room. Except as otherwise provided in 28 U.S.C. § 152(c), 

all other acts or proceedings may be done or conducted by 

a judge in chambers and at any place either within or 

without the district; but no hearing, other than one ex 

parte, shall be conducted outside the district without the 

consent of all parties affected thereby. 

* * * * * 

Rule 5003. Records Kept By the Clerk 

* * * * * 
 

 

72 FEDERAL RULES OF BANKRUPTCY PROCEDURE 

(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 
FEDERAL RULES OF BANKRUPTCY PROCEDURE 73 

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 
 

74 FEDERAL RULES OF BANKRUPTCY PROCEDURE 

law. 

* * * * * 

Rule 5008. Notice Regarding Presumption of 

Abuse in Chapter 7 Cases of Individual Debtors 

If a presumption of abuse has arisen under 

§ 707(b) in a chapter 7 case of an individual with 

primarily consumer debts, the clerk shall within 10 days 

after the date of the filing of the petition notify creditors 

of the presumption of abuse in accordance with Rule 2002. 

If the debtor has not filed a statement indicating whether 

a presumption of abuse has arisen, the clerk shall within 

10 days after the date of the filing of the petition notify 

creditors that the debtor has not filed the statement and 

that further notice will be given if a later filed statement 

indicates that a presumption of abuse has arisen. If a 

debtor later files a statement indicating that a 

presumption of abuse has arisen, the clerk shall notify 
 

FEDERAL RULES OF BANKRUPTCY PROCEDURE 75 

creditors of the presumption of abuse as promptly as 

practicable. 

Rule 6004. Use, Sale, or Lease of Property 

* * * * * 

(g) SALE OF PERSONALLY IDENTIFIABLE 

INFORMATION. 

(1) Motion. A motion for authority to sell or 

lease personally identifiable information under 

§ 363(b)(1)(B) shall include a request for an order 

directing the United States trustee to appoint a consumer 

privacy ombudsman under § 332. Rule 9014 governs the 

motion which shall be served on: any committee elected 

under § 705 or appointed under § 1102 of the Code, or if 

the case is a chapter 11 reorganization case and no 

committee of unsecured creditors has been appointed 

under § 1102, on the creditors included on the list of 
 

 

76 FEDERAL RULES OF BANKRUPTCY PROCEDURE 

creditors filed under Rule 1007(d); and on such other 

entities as the court may direct. The motion shall be 

transmitted to the United States trustee. 

(2) Appointment. If a consumer privacy 

ombudsman is appointed under § 332, no later than 5 

days before the hearing on the motion under 

§ 363(b)(1)(B), the United States trustee shall file a notice 

of the appointment, including the name and address of 

the person appointed. The United States trustee’s notice 

shall be accompanied by a verified statement of the 

person appointed setting forth the person’s connections 

with the debtor, creditors, any other party in interest, 

their respective attorneys and accountants, the United 

States trustee, or any person employed in the office of the 

United States trustee. 

(h) STAY OF ORDER AUTHORIZING USE, SALE, 

OR LEASE OF PROPERTY. An order authorizing the 
 

 

 

FEDERAL RULES OF BANKRUPTCY PROCEDURE 77 

use, sale, or lease of property other than cash collateral is 

stayed until the expiration of 10 days after entry of the 

order, unless the court orders otherwise. 

Rule 6011. Disposal of Patient Records in Health 

Care Business Case 

(a) NOTICE BY PUBLICATION UNDER 

§ 351(1)(A). A notice regarding the claiming or disposing 

of patient records under § 351(1)(A) shall not identify any 

patient by name or other identifying information, but 

shall: 

(1) identify with particularity the health care 

facility whose patient records the trustee proposes to 

destroy; 

(2) state the name, address, telephone number, 

email address, and website, if any, of a person from whom 

information about the patient records may be obtained; 
 

 

78 FEDERAL RULES OF BANKRUPTCY PROCEDURE 

(3) state how to claim the patient records; and 

(4) state the date by which patient records must 

be claimed, and that if they are not so claimed the records 

will be destroyed. 

(b) NOTICE BY MAIL UNDER § 351(1)(B). Subject 

to applicable nonbankruptcy law relating to patient 

privacy, a notice regarding the claiming or disposing of 

patient records under § 351(1)(B) shall, in addition to 

including the information in subdivision (a), direct that a 

patient’s family member or other representative who 

receives the notice inform the patient of the notice. Any 

notice under this subdivision shall be mailed to the 

patient and any family member or other contact person 

whose name and address have been given to the trustee 

or the debtor for the purpose of providing information 

regarding the patient’s health care, to the Attorney 

General of the State where the health care facility is 
 

 

FEDERAL RULES OF BANKRUPTCY PROCEDURE 79 

located, and to any insurance company known to have 

provided health care insurance to the patient. 

(c) PROOF OF COMPLIANCE WITH NOTICE 

REQUIREMENT. Unless the court orders the trustee to 

file proof of compliance with § 351(1)(B) under seal, the 

trustee shall not file, but shall maintain, the proof of 

compliance for a reasonable time. 

(d) REPORT OF DESTRUCTION OF RECORDS. 

The trustee shall file, no later than 30 days after the 

destruction of patient records under § 351(3), a report 

certifying that the unclaimed records have been destroyed 

and explaining the method used to effect the destruction. 

The report shall not identify any patient by name or other 

identifying information. 

Rule 7012. Defenses and Objections — When and 

How Presented — By Pleading or Motion — Motion 

for Judgment on the Pleadings 
 

 

80 FEDERAL RULES OF BANKRUPTCY PROCEDURE 

* * * * * 

(b) APPLICABILITY OF RULE 12(b)-(i) F.R.CIV.P. 

Rule 12(b)-(i) F.R.Civ.P. applies in adversary proceedings. 

A responsive pleading shall admit or deny an allegation 

that the proceeding is core or non-core. If the response is 

that the proceeding is non-core, it shall include a 

statement that the party does or does not consent to entry 

of final orders or judgment by the bankruptcy judge. In 

non-core proceedings final orders and judgments shall not 

be entered on the bankruptcy judge’s order except with 

the express consent of the parties. 

Rule 7022. Interpleader 

Rule 22(a) F.R.Civ.P. applies in adversary 

proceedings. This rule supplements – and does not limit – 

the joinder of parties allowed by Rule 7020. 

Rule 7023.1. Derivative Actions 
 

 

 

FEDERAL RULES OF BANKRUPTCY PROCEDURE 81 

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

Rule 8001. Manner of Taking Appeal; Voluntary 

Dismissal; Certification to Court of Appeals

 * * * * * 

(e) ELECTION TO HAVE APPEAL HEARD BY 

DISTRICT COURT INSTEAD OF BANKRUPTCY 

APPELLATE PANEL; WITHDRAWAL OF ELECTION. 

(1) Separate Writing for Election. An election to 

have an appeal heard by the district court under 28 

U.S.C. § 158(c)(1) may be made only by a statement of 

election contained in a separate writing filed within the 

time prescribed by 28 U.S.C. § 158(c)(1). 

(2) Withdrawal of Election. A request to 

withdraw the election may be filed only by written 

stipulation of all the parties to the appeal or their 

attorneys of record. Upon such a stipulation, the district 
 

 

82 FEDERAL RULES OF BANKRUPTCY PROCEDURE 

court may either transfer the appeal to the bankruptcy 

appellate panel or retain the appeal in the district court. 

(f) CERTIFICATION FOR DIRECT APPEAL TO 

COURT OF APPEALS. 

(1) Timely Appeal Required. A certification of a 

judgment, order, or decree of a bankruptcy court to a 

court of appeals under 28 U.S.C. § 158(d)(2) shall not be 

effective until a timely appeal has been taken in the 

manner required by subdivisions (a) or (b) of this rule and 

the notice of appeal has become effective under Rule 8002. 

(2) Court Where Certification Made and Filed. 

A certification that a circumstance specified in 28 U.S.C. 

§ 158(d)(2)(A)(i)-(iii) exists shall be filed in the court in 

which a matter is pending for purposes of 28 U.S.C. 

§ 158(d)(2) and this rule. A matter is pending in a 

bankruptcy court until the docketing, in accordance with 

Rule 8007(b), of an appeal taken under 28 U.S.C. 
 

 

 

FEDERAL RULES OF BANKRUPTCY PROCEDURE 83 

§ 158(a)(1) or (2), or the grant of leave to appeal under 28 

U.S.C. § 158(a)(3). A matter is pending in a district court 

or bankruptcy appellate panel after the docketing, in 

accordance with Rule 8007(b), of an appeal taken 

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

appeal under 28 U.S.C. § 158(a)(3). 

(A) Certification by Court on Request or 

Court’s Own Initiative. 

(i) Before Docketing or Grant of Leave 

to Appeal. Only a bankruptcy court may make a 

certification on request or on its own initiative while the 

matter is pending in the bankruptcy court. 

(ii) After Docketing or Grant of Leave 

to Appeal. Only the district court or bankruptcy appellate 

panel involved may make a certification on request of the 

parties or on its own initiative while the matter is 
 

 

 

 

84 FEDERAL RULES OF BANKRUPTCY PROCEDURE 

pending in the district court or bankruptcy appellate 

panel. 

(B) Certification by All Appellants and 

Appellees Acting Jointly. A certification by all the 

appellants and appellees, if any, acting jointly may be 

made by filing the appropriate Official Form with the 

clerk of the court in which the matter is pending. The 

certification may be accompanied by a short statement of 

the basis for the certification, which may include the 

information listed in subdivision (f)(3)(C) of this rule. 

(3) Request for Certification; Filing; Service; 

Contents. 

(A) A request for certification shall be filed, 

within the time specified by 28 U.S.C. § 158(d)(2), with 

the clerk of the court in which the matter is pending. 

(B) Notice of the filing of a request for 

certification shall be served in the manner required for 
 

 

 

 

 

 

 

FEDERAL RULES OF BANKRUPTCY PROCEDURE 85 

service of a notice of appeal under Rule 8004. 

(C) A request for certification shall include 

the following: 

(i) the facts necessary to understand 

the question presented; 

(ii) the question itself; 

(iii) the relief sought; 

(iv) the reasons why the appeal should 

be allowed and is authorized by statute or rule, including 

why a circumstance specified in 28 

U.S.C. § 158(d)(2)(A)(i)-(iii) exists; and 

(v) an attached copy of the judgment, 

order, or decree complained of and any related opinion or 

memorandum. 

(D) A party may file a response to a request 

for certification or a cross request within 10 days after the 
 

 

 

 

86 FEDERAL RULES OF BANKRUPTCY PROCEDURE 

notice of the request is served, or another time fixed by 

the court. 

(E) Rule 9014 does not govern a request, 

cross request, or any response. The matter shall be 

submitted without oral argument unless the court 

otherwise directs. 

(F) A certification of an appeal under 28 

U.S.C. § 158(d)(2) shall be made in a separate document 

served on the parties. 

(4) Certification on Court’s Own Initiative. 

(A) A certification of an appeal on the 

court’s own initiative under 28 U.S.C. § 158(d)(2) shall be 

made in a separate document served on the parties in the 

manner required for service of a notice of appeal under 

Rule 8004. The certification shall be accompanied by an 

opinion or memorandum that contains the information 

required by subdivision (f)(3)(C)(i)-(iv) of this rule. 
 

 

FEDERAL RULES OF BANKRUPTCY PROCEDURE 87 

(B) A party may file a supplementary short 

statement of the basis for certification within 10 days 

after the certification. 

(5) Duties of Parties After Certification. A 

petition for permission to appeal in accordance with F. R. 

App. P. 5 shall be filed no later than 30 days after a 

certification has become effective as provided in 

subdivision (f)(1). 

Rule 8003. Leave to Appeal 

* * * * * 

(d) REQUIREMENT OF LEAVE TO APPEAL. If 

leave to appeal is required by 28 U.S.C. § 158(a) and has 

not earlier been granted, the authorization of a direct 

appeal by a court of appeals under 28 U.S.C. § 158(d)(2) 

shall be deemed to satisfy the requirement for leave to 

appeal. 
 

 

 

88 FEDERAL RULES OF BANKRUPTCY PROCEDURE 

Rule 9006. Time 

* * * * * 

(b) ENLARGEMENT. 

(1) In General. Except as provided in 

paragraphs (2) and (3) of this subdivision, when an act is 

required or allowed to be done at or within a specified 

period by these rules or by a notice given thereunder or by 

order of court, the court for cause shown may at any time 

in its discretion (1) with or without motion or notice order 

the period enlarged if the request therefor is made before 

the expiration of the period originally prescribed or as 

extended by a previous order or (2) on motion made after 

the expiration of the specified period permit the act to be 

done where the failure to act was the result of excusable 

neglect. 

(2) Enlargement Not Permitted. The court may 

not enlarge the time for taking action under Rules 
 

 

 

FEDERAL RULES OF BANKRUPTCY PROCEDURE 89 

1007(d), 2003(a) and (d), 7052, 9023, and 9024. 

(3) Enlargement Governed By Other Rules. The 

court may enlarge the time for taking action under Rules 

1006(b)(2), 1017(e), 3002(c), 4003(b), 4004(a), 4007(c), 

4008(a), 8002, and 9033, only to the extent and under the 

conditions stated in those rules. In addition, the court 

may enlarge the time to file the statement required under 

Rule 1007(b)(7), and to file schedules and statements in a 

small business case under § 1116(3) of the Code, only to 

the extent and under the conditions stated in Rule 

1007(c). 

(c)	 REDUCTION. 

* * * * * 

(2) Reduction Not Permitted. The court may 

not reduce the time for taking action under Rules 

2002(a)(7), 2003(a), 3002(c), 3014, 3015, 4001(b)(2), (c)(2), 
 

90 FEDERAL RULES OF BANKRUPTCY PROCEDURE 

4003(a), 4004(a), 4007(c), 4008(a), 8002, and 9033(b). In 

addition, the court may not reduce the time under Rule 

1007(c) to file the statement required by Rule 1007(b)(7). 

* * * * * 

Rule 9009. Forms 

Except as otherwise provided in Rule 3016(d), the 

Official Forms prescribed by the Judicial Conference of 

the United States shall be observed and used with 

alterations as may be appropriate. Forms may be 

combined and their contents rearranged to permit 

economies in their use. The Director of the 

Administrative Office of the United States Courts may 

issue additional forms for use under the Code. The forms 

shall be construed to be consistent with these rules and 

the Code. 

Rule 9024. Relief from Judgment or Order 

Rule 60 F.R.Civ.P. applies in cases under the Code 
 

 

FEDERAL RULES OF BANKRUPTCY PROCEDURE 91 

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.