April 25, 2005 

Honorable J. Dennis Hastert 

Speaker of the House of Representatives 

Washington, D.C. 20515 

Dear Mr. 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/ William H. Rehnquist 
April 25, 2005 

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/ William H. Rehnquist 
April 25, 2005 

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 1007, 2002, 3004,

3005, 7004, 9001, 9006, and 9036. 

 [See infra., pp. .] 

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

Procedure shall take effect on December 1, 2005, 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 1007. Lists, Schedules, and Statements; Time 

Limits 

(a) LIST OF CREDITORS AND EQUITY SECURITY 

HOLDERS, AND CORPORATE OWNERSHIP 

STATEMENT. 

(1) Voluntary Case. In a voluntary case, the debtor 

shall file with the petition a list containing the name and 

address of each entity included or to be included on 

Schedules D, E, F, G, and H as prescribed by the Official 

Forms. If the debtor is a corporation, other than a 

governmental unit, the debtor shall file with the petition 

a corporate ownership statement containing the 

information described in Rule 7007.1. The debtor shall 

file a supplemental statement promptly upon any change 
2 FEDERAL RULES OF BANKRUPCTY PROCEDURE 

in circumstances that renders the corporate ownership 

statement inaccurate. 

(2) Involuntary Case. In an involuntary case, the 

debtor shall file within 15 days after entry of the order for 

relief, a list containing the name and address of each 

entity included or to be included on Schedules D, E, F, G, 

and H as prescribed by the Official Forms. 

* * * * * 

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

and statements, other than the statement of intention, 

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 and 

statements, other than the statement of intention, shall 

be filed by the debtor within 15 days of the entry of the 

order for relief. Lists, schedules, and statements filed 
FEDERAL RULES OF BANKRUPTCY PROCEDURE 3 

prior to the conversion of a case to another chapter shall 

be deemed filed in the converted case unless the court 

directs otherwise. Any extension of time for the filing of 

the schedules and statements may be granted only on 

motion for cause shown and on notice to the United States 

trustee and to 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. 

* * * * * 

(g) PARTNERSHIP AND PARTNERS. The general 

partners of a debtor partnership shall prepare and file the 

list required under subdivision (a), the schedules of the 

assets and liabilities, schedule of current income and 

expenditures, schedule of executory contracts and 
4 FEDERAL RULES OF BANKRUPCTY PROCEDURE 

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. 

* * * * * 

Rule 2002. Notices to Creditors, Equity Security 

Holders, United States, and United States Trustee 

* * * * * 

(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, 
FEDERAL RULES OF BANKRUPTCY PROCEDURE 5 

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) If a creditor or indenture trustee has not filed a 

request designating a mailing address under Rule 

2002(g)(1), 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), 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 
6 FEDERAL RULES OF BANKRUPCTY PROCEDURE 

that representative files a request or proof of claim 

designating a name and mailing address that differs from 

the name and address of the representative included in 

the list or schedule, unless the court orders otherwise, 

notices under Rule 2002 shall be mailed to the 

representative included in the list or schedules and to the 

name and address designated in the request or proof of 

claim. 

(4) Notwithstanding Rule 2002(g) (1) - (3), an entity 

and a notice provider may agree that when the notice 

provider is directed by the court to give a notice, the 

notice provider shall give the notice to the entity in the 

manner agreed to and at the address or addresses the 

entity supplies to the notice provider. That address is 

conclusively presumed to be a proper address for the 

notice. The notice provider’s failure to use the supplied 
FEDERAL RULES OF BANKRUPTCY PROCEDURE 7 

address does not invalidate any notice that is otherwise 

effective under applicable law. 

* * * * * 

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. 

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 
8 FEDERAL RULES OF BANKRUPCTY PROCEDURE 

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. 

* * * * * 

Rule 7004. Process; Service of Summons, Complaint 

(a) SUMMONS; SERVICE; PROOF OF SERVICE. 

(1) Except as provided in Rule 7004(a)(2), Rule 4(a), 

(b), (c)(1), (d)(1), (e)-(j), (l), and (m) F.R.Civ.P. applies in 

adversary proceedings. Personal service under Rule 4(e)-

(j) F.R.Civ.P. may be made by any person at least 18 years 

of age who is not a party, and the summons may be 

delivered by the clerk to any such person. 
FEDERAL RULES OF BANKRUPTCY PROCEDURE 9 

(2) The clerk may sign, seal, and issue a summons 

electronically by putting an “s/” before the clerk’s name 

and including the court’s seal on the summons. 

* * * * * 

Rule 9001. General Definitions 

* * * * * 

(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. 
10 FEDERAL RULES OF BANKRUPCTY PROCEDURE 

Rule 9006. Time 

* * * * * 

(f) ADDITIONAL TIME AFTER SERVICE BY MAIL 

OR UNDER RULE 5 (b)(2)(C) or (D) F.R.CIV.P. When 

there is a right or requirement to act or undertake some 

proceedings within a prescribed period after service and 

that service is by mail or under Rule 5 (b)(2)(C) or (D) 

F. R. Civ. P., three days are added after the prescribed 

period would otherwise expire under Rule 9006(a). 

* * * * * 

Rule 9036. Notice by Electronic Transmission 

Whenever the clerk or some other person as directed 

by the court is required to send notice by mail and the 

entity entitled to receive the notice requests in writing 

that, instead of notice by mail, all or part of the 

information required to be contained in the notice be sent 

by a specified type of electronic transmission, the court 
FEDERAL RULES OF BANKRUPTCY PROCEDURE 11 

may direct the clerk or other person to send the 

information by such electronic transmission. Notice by 

electronic means is complete on transmission.