Federal Rules of Bankruptcy Procedure, 2014

Federal Rules of Bankruptcy Procedure, 2014
Title:
Federal Rules of Bankruptcy Procedure, 2014
Format:
Paperback
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052-070-07677-1
ISBN:
9780160926358
Description

This document contains the Federal Rules of Bankruptcy Procedure, as amended to December 1, 2014. The rules have been promulgated and amended by the United States Supreme Court pursuant to law, and further amended by Acts of Congress. This documenthas been prepared by the Committee in response to the need for an up-to-date document containing the latest amendments to the rules.

The U.S. Supreme Court prescribes rules of bankruptcy procedure for the district courts pursuant to section 2075 of Title 28, United States Code.

NOTE: NO FURTHER DISCOUNTS FOR ALREADY REDUCED SALE ITEMS.

Table of Contents

Foreword III
Authority for promulgation of rules
Historical note
RULES
Rule 1001. Scope of Rules and Forms; Short Title
PART I. COMMENCEMENT OF CASE; PROCEEDINGS RELATING TO
PETITION AND ORDER FOR RELIEF
Rule 1002. Commencement of Case
Rule 1003. Involuntary Petition
Rule 1004. Involuntary Petition Against a Partnership
Rule 1004.1. Petition for an Infant or Incompetent Person
Rule 1004.2. Petition in Chapter 15 Cases
Rule 1005. Caption of Petition
Rule 1006. Filing Fee
Rule 1007. Lists, Schedules, Statements, and Other Documents; Time
Limits
Rule 1008. Verification of Petitions and Accompanying Papers
Rule 1009. Amendments of Voluntary Petitions, Lists, Schedules and
Statements
Rule 1010. Service of Involuntary Petition and Summons; Petition For Recognition of a Foreign Nonmain Proceeding
Rule 1011. Responsive Pleading or Motion in Involuntary and Cross-Border Cases
Rule 1012. [Abrogated.]
Rule 1013. Hearing and Disposition of a Petition in an Involuntary Case
Rule 1014. Dismissal and Change of Venue
Rule 1015. Consolidation or Joint Administration of Cases Pending in Same Court
Rule 1016. Death or Incompetency of Debtor
Rule 1017. Dismissal or Conversion of Case; Suspension
Rule 1018. Contested Involuntary Petitions; Contested Petitions
Commencing Chapter 15 Cases; Proceedings to Vacate Order for
Relief; Applicability of Rules in Part VII Governing Adversary
Proceedings
Rule 1019. Conversion of a Chapter 11 Reorganization Case, Chapter 12 Family Farmer’s Debt Adjustment Case, or Chapter 13 Individual’s Debt Adjustment Case to a Chapter 7 Liquidation Case
Rule 1020. Small Business Chapter 11 Reorganization Case
Rule 1021. Health Care Business Case

PART II. OFFICERS AND ADMINISTRATION; NOTICES; MEETINGS;  EXAMINATIONS; ELECTIONS; ATTORNEYS AND ACCOUNTANTS
Rule 2001. Appointment of Interim Trustee Before Order for Relief in a Chapter 7 Liquidation Case

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
Rule 2003. Meeting of Creditors or Equity Security Holders
Rule 2004. Examination Rule 2005. Apprehension and Removal of Debtor to Compel Attendance for
Examination
Rule 2006. Solicitation and Voting of Proxies in Chapter 7 Liquidation
Cases
Rule 2007. Review of Appointment of Creditors’ Committee Organized Before Commencement of the Case

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

Rule 2007.1. Appointment of Trustee or Examiner in a Chapter 11
Reorganization Case
Rule 2007.2. Appointment of Patient Care Ombudsman in a Health Care Business Case
Rule 2008. Notice to Trustee of Selection
Rule 2009. Trustees for Estates When Joint Administration Ordered
Rule 2010. Qualification by Trustee; Proceeding on Bond
Rule 2011. Evidence of Debtor in Possession or Qualification of Trustee
Rule 2012. Substitution of Trustee or Successor Trustee; Accounting
Rule 2013. Public Record of Compensation Awarded to Trustees, Examiners, and Professionals
Rule 2014. Employment of Professional Persons
Rule 2015. Duty to Keep Records, Make Reports, and Give Notice of Case or Change of Status
Rule 2015.1. Patient Care Ombudsman
Rule 2015.2. Transfer of Patient in Health Care Business Case
Rule 2015.3. Reports of Financial Information on Entities in Which a
Chapter 11 Estate Holds a Controlling or Substantial Interest
Rule 2016. Compensation for Services Rendered and Reimbursement of Expenses

Rule 2017. Examination of Debtor’s Transactions with Debtor’s Attorney
Rule 2018. Intervention; Right to Be Heard
Rule 2019. Disclosure Regarding Creditors and Equity Security Holders in Chapter 9 and Chapter 11 Cases
Rule 2020. Review of Acts by United States Trustee

PART III. CLAIMS AND DISTRIBUTION TO CREDITORS AND EQUITY
INTEREST HOLDERS; PLANS
Rule 3001. Proof of Claim

Rule 3002. Filing Proof of Claim or Interest
Rule 3002.1. Notice Relating to Claims Secured by Security Interest in the Debtor’s Principal Residence
Rule 3003. Filing Proof of Claim or Equity Security Interest in Chapter 9 Municipality or Chapter 11 Reorganization Cases
Rule 3004. Filing of Claims by Debtor or Trustee
Rule 3005. Filing of Claim, Acceptance, or Rejection by Guarantor, Surety, Indorser, or Other Codebtor
Rule 3006. Withdrawal of Claim; Effect on Acceptance or Rejection of Plan 47 Rule 3007. Objections to Claims
Rule 3008. Reconsideration of Claims
Rule 3009. Declaration and Payment of Dividends in a Chapter 7
Liquidation Case
Rule 3010. Small Dividends and Payments in Chapter 7 Liquidation,
Chapter 12 Family Farmer’s Debt Adjustment, and Chapter 13
Individual’s Debt Adjustment Cases
Rule 3011. Unclaimed Funds in Chapter 7 Liquidation, Chapter 12 Family Farmer’s Debt Adjustment, and Chapter 13 Individual’s Debt
Adjustment Cases
Rule 3012. Valuation of Security
Rule 3013. Classification of Claims and Interests
Rule 3014. Election Under § 1111(b) by Secured Creditor in Chapter 9 Municipality or Chapter 11 Reorganization Case
Rule 3015. Filing, Objection to Confirmation, and Modification of a Plan in a Chapter 12 Family Farmer’s Debt Adjustment or a Chapter 13 Individual’s Debt Adjustment Case
Rule 3016. Filing of Plan and Disclosure Statement in a Chapter 9
Municipality or Chapter 11 Reorganization Case
Rule 3017. Court Consideration of Disclosure Statement in a Chapter 9 Municipality or Chapter 11 Reorganization Case

Rule 3017.1. Court Consideration of Disclosure Statement in a Small
Business Case
Rule 3018. Acceptance or Rejection of Plan in a Chapter 9 Municipality or a Chapter 11 Reorganization Case
Rule 3019. Modification of Accepted Plan in a Chapter 9 Municipality or a Chapter 11 Reorganization Case
Rule 3020. Deposit; Confirmation of Plan in a Chapter 9 Municipality or Chapter 11 Reorganization Case

PART III. CLAIMS AND DISTRIBUTION TO CREDITORS AND EQUITY INTEREST HOLDERS; PLANS
Rule 3021. Distribution Under Plan
Rule 3022. Final Decree in Chapter 11 Reorganization Case
PART IV. THE DEBTOR: DUTIES AND BENEFITS
Rule 4001. Relief from Automatic Stay; Prohibiting or Conditioning the
Use, Sale, or Lease of Property; Use of Cash Collateral; Obtaining
Credit; Agreements
Rule 4002. Duties of Debtor
Rule 4003. Exemptions
Rule 4004. Grant or Denial of Discharge
Rule 4005. Burden of Proof in Objecting to Discharge
Rule 4006. Notice of No Discharge
Rule 4007. Determination of Dischargeability of a Debt
Rule 4008. Filing of Reaffirmation Agreement; Statement in Support of Reaffirmation Agreement


PART V. COURTS AND CLERKS
Rule 5001. Courts and Clerks’ Offices
Rule 5002. Restrictions on Approval of Appointments
Rule 5003. Records Kept By the Clerk
Rule 5004. Disqualification
Rule 5005. Filing and Transmittal of Papers
Rule 5006. Certification of Copies of Papers
Rule 5007. Record of Proceedings and Transcripts
Rule 5008. Notice Regarding Presumption of Abuse in Chapter 7 Cases of Individual Debtors
Rule 5009. Closing Chapter 7 Liquidation, Chapter 12 Family Farmer’s Debt Adjustment, Chapter 13 Individual’s Debt Adjustment, and Chapter 15 Ancillary and Cross-Border Cases 
Rule 5010. Reopening Cases
Rule 5011. Withdrawal and Abstention from Hearing a Proceeding
Rule 5012. Agreements Concerning Coordination of Proceedings in Chapter 15 Cases


PART VI. COLLECTION AND LIQUIDATION OF THE ESTATE
Rule 6001. Burden of Proof As to Validity of Postpetition Transfer
Rule 6002. Accounting by Prior Custodian of Property of the Estate
Rule 6003. Interim and Final Relief Immediately Following the
Commencement of the Case—Applications for Employment;
Motions for Use, Sale, or Lease of Property; and Motions for
Assumption or Assignment of Executory Contracts
Rule 6004. Use, Sale, or Lease of Property
Rule 6005. Appraisers and Auctioneers
Rule 6006. Assumption, Rejection or Assignment of an Executory Contract or Unexpired Lease
Rule 6007. Abandonment or Disposition of Property
Rule 6008. Redemption of Property from Lien or Sale
Rule 6009. Prosecution and Defense of Proceedings by Trustee or Debtor in  Possession
Rule 6010. Proceeding to Avoid Indemnifying Lien or Transfer to Surety
Rule 6011. Disposal of Patient Records in Health Care Business Case


PART VII. ADVERSARY PROCEEDINGS
Rule 7001. Scope of Rules of Part VII
Rule 7002. References to Federal Rules of Civil Procedure
Rule 7003. Commencement of Adversary Proceeding
Rule 7004. Process; Service of Summons, Complaint
Rule 7005. Service and Filing of Pleadings and Other Papers
Rule 7007. Pleadings Allowed
Rule 7007.1. Corporate Ownership Statement
Rule 7008. General Rules of Pleading
Rule 7009. Pleading Special Matters
Rule 7010. Form of Pleadings
Rule 7012. Defenses and Objections—When and How Presented—By Pleading or Motion—Motion for Judgment on the Pleadings
Rule 7013. Counterclaim and Cross-Claim
Rule 7014. Third-Party Practice
Rule 7015. Amended and Supplemental Pleadings
Rule 7016. Pre-Trial Procedure; Formulating Issues
Rule 7017. Parties Plaintiff and Defendant; Capacity

PART VII. ADVERSARY PROCEEDINGS
Rule 7018. Joinder of Claims and Remedies
Rule 7019. Joinder of Persons Needed for Just Determination
Rule 7020. Permissive Joinder of Parties
Rule 7021. Misjoinder and Non-Joinder of Parties
Rule 7022. Interpleader
Rule 7023. Class Proceedings
Rule 7023.1. Derivative Actions
Rule 7023.2. Adversary Proceedings Relating to Unincorporated
Associations
Rule 7024. Intervention
Rule 7025. Substitution of Parties
Rule 7026. General Provisions Governing Discovery
Rule 7027. Depositions Before Adversary Proceedings or Pending Appeal
Rule 7028. Persons Before Whom Depositions May Be Taken
Rule 7029. Stipulations Regarding Discovery Procedure
Rule 7030. Depositions Upon Oral Examination
Rule 7031. Deposition Upon Written Questions
Rule 7032. Use of Depositions in Adversary Proceedings
Rule 7033. Interrogatories to Parties
Rule 7034. Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes
Rule 7035. Physical and Mental Examination of Persons
Rule 7036. Requests for Admission
Rule 7037. Failure to Make Discovery: Sanctions
Rule 7040. Assignment of Cases for Trial
Rule 7041. Dismissal of Adversary Proceedings
Rule 7042. Consolidation of Adversary Proceedings; Separate Trials
Rule 7052. Findings by the Court
Rule 7054. Judgments; Costs
Rule 7055. Default
Rule 7056. Summary Judgment
Rule 7058. Entering Judgment in Adversary Proceeding
Rule 7062. Stay of Proceedings to Enforce a Judgment
Rule 7064. Seizure of Person or Property
Rule 7065. Injunctions
Rule 7067. Deposit in Court
Rule 7068. Offer of Judgment
Rule 7069. Execution
Rule 7070. Judgment for Specific Acts; Vesting Title
Rule 7071. Process in Behalf of and Against Persons Not Parties
Rule 7087. Transfer of Adversary Proceeding

PART VIII. APPEALS TO DISTRICT COURT OR BANKRUPTCY APPELLATE
PANEL
Rule 8001. Scope of Part VIII Rules; Definition of ‘‘BAP’’; Method of Transmission

Rule 8002. Time for Filing Notice of Appeal Rule 8003. Appeal as of Right—How Taken; Docketing the Appeal
Rule 8004. Appeal by Leave—How Taken; Docketing the Appeal
Rule 8005. Election to Have an Appeal Heard by the District Court Instead
of the BAP
Rule 8006. Certifying a Direct Appeal to the Court of Appeals
Rule 8007. Stay Pending Appeal; Bonds; Suspension of Proceedings
Rule 8008. Indicative Rulings
Rule 8009. Record on Appeal; Sealed Documents
Rule 8010. Completing and Transmitting the Record
Rule 8011. Filing and Service; Signature
Rule 8012. Corporate Disclosure Statement
Rule 8013. Motions; Intervention
Rule 8014. Briefs
Rule 8015. Form and Length of Briefs; Form of Appendices and Other Papers  
Rule 8016. Cross-Appeals
Rule 8017. Brief of an Amicus Curiae
Rule 8018. Serving and Filing Briefs; Appendices
Rule 8019. Oral Argument
Rule 8020. Frivolous Appeal and Other Misconduct
Rule 8021. Costs

PART VIII. APPEALS TO DISTRICT COURT OR BANKRUPTCY APPELLATE PANEL
Rule 8022. Motion for Rehearing
Rule 8023. Voluntary Dismissal
Rule 8024. Clerk’s Duties on Disposition of the Appeal
Rule 8025. Stay of a District Court or BAP Judgment
Rule 8026. Rules by Circuit Councils and District Courts; Procedure When There is No Controlling Law
Rule 8027. Notice of a Mediation Procedure
Rule 8028. Suspension of Rules in Part VIII

PART IX. GENERAL PROVISIONS
Rule 9001. General Definitions
Rule 9002. Meanings of Words in the Federal Rules of Civil Procedure When Applicable to Cases Under the Code
Rule 9003. Prohibition of Ex Parte Contacts
Rule 9004. General Requirements of Form
Rule 9005. Harmless Error
Rule 9005.1. Constitutional Challenge to a Statute—Notice, Certification, and Intervention
Rule 9006. Computing and Extending Time; Time for Motion Papers
Rule 9007. General Authority to Regulate Notices
Rule 9008. Service or Notice by Publication
Rule 9009. Forms
Rule 9010. Representation and Appearances; Powers of Attorney
Rule 9011. Signing of Papers; Representations to the Court; Sanctions; Verification and Copies of Papers 
Rule 9012. Oaths and Affirmations
Rule 9013. Motions: Form and Service
Rule 9014. Contested Matters
Rule 9015. Jury Trials
Rule 9016. Subpoena
Rule 9017. Evidence
Rule 9018. Secret, Confidential, Scandalous, or Defamatory Matter
Rule 9019. Compromise and Arbitration
Rule 9020. Contempt Proceedings
Rule 9021. Entry of Judgment
Rule 9022. Notice of Judgment or Order
Rule 9023. New Trials; Amendment of Judgments
Rule 9024. Relief from Judgment or Order
Rule 9025. Security: Proceedings Against Sureties
Rule 9026. Exceptions Unnecessary
Rule 9027. Removal
Rule 9028. Disability of a Judge
Rule 9029. Local Bankruptcy Rules; Procedure When There is No
Controlling Law .
Rule 9030. Jurisdiction and Venue Unaffected
Rule 9031. Masters Not Authorized
Rule 9032. Effect of Amendment of Federal Rules of Civil Procedure
Rule 9033. Review of Proposed Findings of Fact and Conclusions of Law in Non-Core Proceedings 
Rule 9034. Transmittal of Pleadings, Motion Papers, Objections, and Other Papers to the United States Trustee
Rule 9035. Applicability of Rules in Judicial Districts in Alabama and
North Carolina

Rule 9036. Notice by Electronic Transmission
Rule 9037. Privacy Protection For Filings Made with the Court


PART X. [ABROGATED]

Audience

This contains federal rules of evidence that must be followed by lawyers, police officers, judges, and others involved in the United States Judicial system.

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