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Title 11 - Bankruptcy
Appendix TITLE 11 - Appendix (rules 1001 - 27)
FEDERAL RULES OF BANKRUPTCY PROCEDURE AND OFFICIAL BANKRUPTCY FORMS (rules 1001 - 27)
Table Of Contents
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| Publication Title | United States Code, 2006 Edition, Supplement 5, Title 11 - BANKRUPTCY |
| Category | Bills and Statutes |
| Collection | United States Code |
| SuDoc Class Number | Y 1.2/5: |
| Contained Within | Title 11 - BANKRUPTCY TITLE 11 - APPENDIX FEDERAL RULES OF BANKRUPTCY PROCEDURE AND OFFICIAL BANKRUPTCY FORMS Table Of Contents |
| Date | 2011 |
| Laws in Effect as of Date | January 3, 2012 |
| Positive Law | Yes |
| Disposition | standard |
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| Part | Rule | ||||||
| I. | Commencement of Case; Proceedings Relating to Petition and Order for Relief | 1002 | |||||
| II. | Officers and Administration; Notices; Meetings; Examinations; Elections; Attorneys and Accountants | 2001 | |||||
| III. | Claims and Distribution to Creditors and Equity Interest Holders; Plans | 3001 | |||||
| IV. | The Debtor: Duties and Benefits | 4001 | |||||
| V. | Bankruptcy Courts and Clerks | 5001 | |||||
| VI. | Collection and Liquidation of the Estate | 6001 | |||||
| VII. | Adversary Proceedings | 7001 | |||||
| VIII. | Appeals to District Court or Bankruptcy Appellate Panel | 8001 | |||||
| IX. | General Provisions | 9001 | |||||
| X. | United States Trustees [Abrogated]. | Official Forms. | Rule | ||||
| 1001. | Scope of Rules and Forms; Short Title. | ||||||
PART I. COMMENCEMENT OF CASE; PROCEEDINGS RELATING TO PETITION AND ORDER FOR RELIEF
| 1002. | Commencement of Case. |
| 1003. | Involuntary Petition. |
| 1004. | Involuntary Petition Against a Partnership. |
| 1004.1. | Petition for an Infant or Incompetent Person. |
| 1004.2. | Petition in Chapter 15 Cases. |
| 1005. | Caption of Petition. |
| 1006. | Filing Fee. |
| 1007. | Lists, Schedules, Statements, and Other Documents; Time Limits. |
| 1008. | Verification of Petitions and Accompanying Papers. |
| 1009. | Amendments of Voluntary Petitions, Lists, Schedules and Statements. |
| 1010. | Service of Involuntary Petition and Summons; Petition For Recognition of a Foreign Nonmain Proceeding. |
| 1011. | Responsive Pleading or Motion in Involuntary and Cross-Border Cases. |
| 1012. | [Abrogated]. |
| 1013. | Hearing and Disposition of a Petition in an Involuntary Case. |
| 1014. | Dismissal and Change of Venue. |
| 1015. | Consolidation or Joint Administration of Cases Pending in Same Court. |
| 1016. | Death or Incompetency of Debtor. |
| 1017. | Dismissal or Conversion of Case; Suspension. |
| 1018. | Contested Involuntary Petitions; Contested Petitions Commencing Chapter 15 Cases; Proceedings to Vacate Order for Relief; Applicability of Rules in Part VII Governing Adversary Proceedings. |
| 1019. | Conversion of a Chapter 11 Reorganization Case, Chapter 12 Family Farmer's Debt Adjustment Case, or Chapter 13 Individual's Debt Adjustment Case to a Chapter 7 Liquidation Case. |
| 1020. | Small Business Chapter 11 Reorganization Case. |
| 1021. | Health Care Business Case. |
PART II. OFFICERS AND ADMINISTRATION; NOTICES; MEETINGS; EXAMINATIONS; ELECTIONS; ATTORNEYS AND ACCOUNTANTS
| 2001. | Appointment of Interim Trustee Before Order for Relief in a Chapter 7 Liquidation Case. |
| 2002. | Notices to Creditors, Equity Security Holders, Administrators in Foreign Proceedings, Persons Against Whom Provisional Relief is Sought in Ancillary and Other Cross-Border Cases, United States, and United States Trustee. |
| 2003. | Meeting of Creditors or Equity Security Holders. |
| 2004. | Examination. |
| 2005. | Apprehension and Removal of Debtor to Compel Attendance for Examination. |
| 2006. | Solicitation and Voting of Proxies in Chapter 7 Liquidation Cases. |
| 2007. | Review of Appointment of Creditors’ Committee Organized Before Commencement of the Case. |
| 2007.1. | Appointment of Trustee or Examiner in a Chapter 11 Reorganization Case. |
| 2007.2. | Appointment of Patient Care Ombudsman in a Health Care Business Case. |
| 2008. | Notice to Trustee of Selection. |
| 2009. | Trustees for Estates When Joint Administration Ordered. |
| 2010. | Qualification by Trustee; Proceeding on Bond. |
| 2011. | Evidence of Debtor in Possession or Qualification of Trustee. |
| 2012. | Substitution of Trustee or Successor Trustee; Accounting. |
| 2013. | Public Record of Compensation Awarded to Trustees, Examiners, and Professionals. |
| 2014. | Employment of Professional Persons. |
| 2015. | Duty to Keep Records, Make Reports, and Give Notice of Case or Change of Status. |
| 2015.1. | Patient Care Ombudsman. |
| 2015.2. | Transfer of Patient in Health Care Business Case. |
| 2015.3. | Reports of Financial Information on Entities in Which a Chapter 11 Estate Holds a Controlling or Substantial Interest. |
| 2016. | Compensation for Services Rendered and Reimbursement of Expenses. |
| 2017. | Examination of Debtor's Transactions with Debtor's Attorney. |
| 2018. | Intervention; Right to Be Heard. |
| 2019. | Disclosure Regarding Creditors and Equity Security Holders in Chapter 9 and Chapter 11 Cases. |
| 2020. | Review of Acts by United States Trustee. |
PART III. CLAIMS AND DISTRIBUTION TO CREDITORS AND EQUITY INTEREST HOLDERS; PLANS
| 3001. | Proof of Claim. |
| 3002. | Filing Proof of Claim or Interest. |
| 3002.1 | Notice Relating to Claims Secured by Security Interest in the Debtor's Principal Residence. |
| 3003. | Filing Proof of Claim or Equity Security Interest in Chapter 9 Municipality or Chapter 11 Reorganization Cases. |
| 3004. | Filing of Claims by Debtor or Trustee. |
| 3005. | Filing of Claim, Acceptance, or Rejection by Guarantor, Surety, Indorser, or Other Codebtor. |
| 3006. | Withdrawal of Claim; Effect on Acceptance or Rejection of Plan. |
| 3007. | Objections to Claims. |
| 3008. | Reconsideration of Claims. |
| 3009. | Declaration and Payment of Dividends in a Chapter 7 Liquidation Case. |
| 3010. | Small Dividends and Payments in Chapter 7 Liquidation, Chapter 12 Family Farmer's Debt Adjustment, and Chapter 13 Individual's Debt Adjustment Cases. |
| 3011. | Unclaimed Funds in Chapter 7 Liquidation, Chapter 12 Family Farmer's Debt Adjustment, and Chapter 13 Individual's Debt Adjustment Cases. |
| 3012. | Valuation of Security. |
| 3013. | Classification of Claims and Interests. |
| 3014. | Election Under §1111(b) by Secured Creditor in Chapter 9 Municipality or Chapter 11 Reorganization Case. |
| 3015. | Filing, Objection to Confirmation, and Modification of a Plan in a Chapter 12 Family Farmer's Debt Adjustment or a Chapter 13 Individual's Debt Adjustment Case. |
| 3016. | Filing of Plan and Disclosure Statement in a Chapter 9 Municipality or Chapter 11 Reorganization Case. |
| 3017. | Court Consideration of Disclosure Statement in a Chapter 9 Municipality or Chapter 11 Reorganization Case. |
| 3017.1. | Court Consideration of Disclosure Statement in a Small Business Case. |
| 3018. | Acceptance or Rejection of Plan in a Chapter 9 Municipality or a Chapter 11 Reorganization Case. |
| 3019. | Modification of Accepted Plan in a Chapter 9 Municipality or a Chapter 11 Reorganization Case. |
| 3020. | Deposit; Confirmation of Plan in a Chapter 9 Municipality or Chapter 11 Reorganization Case. |
| 3021. | Distribution Under Plan. |
| 3022. | Final Decree in Chapter 11 Reorganization Case. |
PART IV. THE DEBTOR: DUTIES AND BENEFITS
| 4001. | Relief from Automatic Stay; Prohibiting or Conditioning the Use, Sale, or Lease of Property; Use of Cash Collateral; Obtaining Credit; Agreements. |
| 4002. | Duties of Debtor. |
| 4003. | Exemptions. |
| 4004. | Grant or Denial of Discharge. |
| 4005. | Burden of Proof in Objecting to Discharge. |
| 4006. | Notice of No Discharge. |
| 4007. | Determination of Dischargeability of a Debt. |
| 4008. | Filing of Reaffirmation Agreement; Statement in Support of Reaffirmation Agreement. |
PART V. COURTS AND CLERKS
| 5001. | Courts and Clerks’ Offices. |
| 5002. | Restrictions on Approval of Appointments. |
| 5003. | Records Kept By the Clerk. |
| 5004. | Disqualification. |
| 5005. | Filing and Transmittal of Papers. |
| 5006. | Certification of Copies of Papers. |
| 5007. | Record of Proceedings and Transcripts. |
| 5008. | Notice Regarding Presumption of Abuse in Chapter 7 Cases of Individual Debtors. |
| 5009. | Closing Chapter 7 Liquidation, Chapter 12 Family Farmer's Debt Adjustment, Chapter 13 Individual's Debt Adjustment, and Chapter 15 Ancillary and Cross-Border Cases. |
| 5010. | Reopening Cases. |
| 5011. | Withdrawal and Abstention from Hearing a Proceeding. |
| 5012. | Agreements Concerning Coordination of Proceedings in Chapter 15 Cases. |
PART VI. COLLECTION AND LIQUIDATION OF THE ESTATE
| 6001. | Burden of Proof As to Validity of Postpetition Transfer. |
| 6002. | Accounting by Prior Custodian of Property of the Estate. |
| 6003. | Interim and Final Relief Immediately Following the Commencement of the Case—Applications for Employment; Motions for Use, Sale, or Lease of Property; and Motions for Assumption or Assignment of Executory Contracts. |
| 6004. | Use, Sale, or Lease of Property. |
| 6005. | Appraisers and Auctioneers. |
| 6006. | Assumption, Rejection or Assignment of an Executory Contract or Unexpired Lease. |
| 6007. | Abandonment or Disposition of Property. |
| 6008. | Redemption of Property from Lien or Sale. |
| 6009. | Prosecution and Defense of Proceedings by Trustee or Debtor in Possession. |
| 6010. | Proceeding to Avoid Indemnifying Lien or Transfer to Surety. |
| 6011. | Disposal of Patient Records in Health Care Business Case. |
PART VII. ADVERSARY PROCEEDINGS
| 7001. | Scope of Rules of Part VII. |
| 7002. | References to Federal Rules of Civil Procedure. |
| 7003. | Commencement of Adversary Proceeding. |
| 7004. | Process; Service of Summons, Complaint. |
| 7005. | Service and Filing of Pleadings and Other Papers. |
| 7007. | Pleadings Allowed. |
| 7007.1. | Corporate Ownership Statement. |
| 7008. | General Rules of Pleading. |
| 7009. | Pleading Special Matters. |
| 7010. | Form of Pleadings. |
| 7012. | Defenses and Objections—When and How Presented—By Pleading or Motion—Motion for Judgment on the Pleadings. |
| 7013. | Counterclaim and Cross-Claim. |
| 7014. | Third-Party Practice. |
| 7015. | Amended and Supplemental Pleadings. |
| 7016. | Pre-Trial Procedure; Formulating Issues. |
| 7017. | Parties Plaintiff and Defendant; Capacity. |
| 7018. | Joinder of Claims and Remedies. |
| 7019. | Joinder of Persons Needed for Just Determination. |
| 7020. | Permissive Joinder of Parties. |
| 7021. | Misjoinder and Non-Joinder of Parties. |
| 7022. | Interpleader. |
| 7023. | Class Proceedings. |
| 7023.1. | Derivative Actions. |
| 7023.2. | Adversary Proceedings Relating to Unincorporated Associations. |
| 7024. | Intervention. |
| 7025. | Substitution of Parties. |
| 7026. | General Provisions Governing Discovery. |
| 7027. | Depositions Before Adversary Proceedings or Pending Appeal. |
| 7028. | Persons Before Whom Depositions May Be Taken. |
| 7029. | Stipulations Regarding Discovery Procedure. |
| 7030. | Depositions Upon Oral Examination. |
| 7031. | Deposition Upon Written Questions. |
| 7032. | Use of Depositions in Adversary Proceedings. |
| 7033. | Interrogatories to Parties. |
| 7034. | Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes. |
| 7035. | Physical and Mental Examination of Persons. |
| 7036. | Requests for Admission. |
| 7037. | Failure to Make Discovery: Sanctions. |
| 7040. | Assignment of Cases for Trial. |
| 7041. | Dismissal of Adversary Proceedings. |
| 7042. | Consolidation of Adversary Proceedings; Separate Trials. |
| 7052. | Findings by the Court. |
| 7054. | Judgments; Costs. |
| 7055. | Default. |
| 7056. | Summary Judgment. |
| 7058. | Entering Judgment in Adversary Proceeding. |
| 7062. | Stay of Proceedings to Enforce a Judgment. |
| 7064. | Seizure of Person or Property. |
| 7065. | Injunctions. |
| 7067. | Deposit in Court. |
| 7068. | Offer of Judgment. |
| 7069. | Execution. |
| 7070. | Judgment for Specific Acts; Vesting Title. |
| 7071. | Process in Behalf of and Against Persons Not Parties. |
| 7087. | Transfer of Adversary Proceeding. |
PART VIII. APPEALS TO DISTRICT COURT OR BANKRUPTCY APPELLATE PANEL
| 8001. | Manner of Taking Appeal; Voluntary Dismissal; Certification to Court of Appeals. |
| 8002. | Time for Filing Notice of Appeal. |
| 8003. | Leave to Appeal. |
| 8004. | Service of the Notice of Appeal. |
| 8005. | Stay Pending Appeal. |
| 8006. | Record and Issues on Appeal. |
| 8007. | Completion and Transmission of the Record; Docketing of the Appeal. |
| 8008. | Filing and Service. |
| 8009. | Briefs and Appendix; Filing and Service. |
| 8010. | Form of Briefs; Length. |
| 8011. | Motions. |
| 8012. | Oral Argument. |
| 8013. | Disposition of Appeal; Weight Accorded Bankruptcy Judge's Findings of Fact. |
| 8014. | Costs. |
| 8015. | Motion for Rehearing. |
| 8016. | Duties of Clerk of District Court and Bankruptcy Appellate Panel. |
| 8017. | Stay of Judgment of District Court or Bankruptcy Appellate Panel. |
| 8018. | Rules by Circuit Councils and District Courts; Procedure When There is No Controlling Law. |
| 8019. | Suspension of Rules in Part VIII. |
| 8020. | Damages and Costs for Frivolous Appeal. |
PART IX. GENERAL PROVISIONS
| 9001. | General Definitions. |
| 9002. | Meanings of Words in the Federal Rules of Civil Procedure When Applicable to Cases under the Code. |
| 9003. | Prohibition of Ex Parte Contacts. |
| 9004. | General Requirements of Form. |
| 9005. | Harmless Error. |
| 9005.1. | Constitutional Challenge to a Statute—Notice, Certification, and Intervention. |
| 9006. | Computing and Extending Time. |
| 9007. | General Authority to Regulate Notices. |
| 9008. | Service or Notice by Publication. |
| 9009. | Forms. |
| 9010. | Representation and Appearances; Powers of Attorney. |
| 9011. | Signing of Papers; Representations to the Court; Sanctions; Verification and Copies of Papers. |
| 9012. | Oaths and Affirmations. |
| 9013. | Motions: Form and Service. |
| 9014. | Contested Matters. |
| 9015. | Jury Trials. |
| 9016. | Subpoena. |
| 9017. | Evidence. |
| 9018. | Secret, Confidential, Scandalous, or Defamatory Matter. |
| 9019. | Compromise and Arbitration. |
| 9020. | Contempt Proceedings. |
| 9021. | Entry of Judgment. |
| 9022. | Notice of Judgment or Order. |
| 9023. | New Trials; Amendment of Judgments. |
| 9024. | Relief from Judgment or Order. |
| 9025. | Security: Proceedings Against Sureties. |
| 9026. | Exceptions Unnecessary. |
| 9027. | Removal. |
| 9028. | Disability of a Judge. |
| 9029. | Local Bankruptcy Rules; Procedure When There is No Controlling Law. |
| 9030. | Jurisdiction and Venue Unaffected. |
| 9031. | Masters Not Authorized. |
| 9032. | Effect of Amendment of Federal Rules of Civil Procedure. |
| 9033. | Review of Proposed Findings of Fact and Conclusions of Law in Non-Core Proceedings. |
| 9034. | Transmittal of Pleadings, Motion Papers, Objections, and Other Papers to the United States Trustee. |
| 9035. | Applicability of Rules in Judicial Districts in Alabama and North Carolina. |
| 9036. | Notice by Electronic Transmission. |
| 9037. | Privacy Protection For Filings Made with the Court. |
PART X. [ABROGATED] OFFICIAL FORMS
| Form | |
| 1. | Voluntary Petition. |
| 2. | Declaration under Penalty of Perjury on Behalf of a Corporation or Partnership. |
| 3A. | Application to Pay Filing Fee in Installments. |
| 3B. | Application for Waiver of the Chapter 7 Filing Fee for Individuals Who Cannot Pay the Filing Fee in Full or in Installments. |
| 4. | List of Creditors Holding 20 Largest Unsecured Claims. |
| 5. | Involuntary Petition. |
| 6. | Schedules. |
| 7. | Statement of Financial Affairs. |
| 8. | Chapter 7 Individual Debtor's Statement of Intention. |
| 9. | Notice of Commencement of Case under the Bankruptcy Code, Meeting of Creditors, and Deadlines. |
| 10. | Proof of Claim. |
| 11A. | General Power of Attorney. |
| 11B. | Special Power of Attorney. |
| 12. | Order and Notice for Hearing on Disclosure Statement. |
| 13. | Order Approving Disclosure Statement and Fixing Time for Filing Acceptances or Rejections of Plan, Combined with Notice Thereof. |
| 14. | Class [ ] Ballot for Accepting or Rejecting Plan of Reorganization. |
| 15. | Order Confirming Plan. |
| 16A. | Caption (Full). |
| 16B. | Caption (Short Title). |
| 16C. | Caption of Complaint in Adversary Proceeding Filed by a Debtor. [Abrogated] |
| 16D. | Caption for Use in Adversary Proceeding. |
| 17. | Notice of Appeal. |
| 18. | Discharge of Debtor. |
| 19. | Declaration and Signature of Non-Attorney Bankruptcy Petition Preparer (See 11 U.S.C. §110). |
| [19A. | Abrogated.] |
| [19B. | Abrogated.] |
| 20A. | Notice of [Motion to ] [Objection to ]. |
| 20B. | Notice of Objection to Claim. |
| 21. | Statement of Social Security Number. |
| 22A. | Chapter 7 Statement of Current Monthly Income and Means-Test Calculation. |
| 22B. | Chapter 11 Statement of Current Monthly Income. |
| 22C. | Chapter 13 Statement of Current Monthly Income and Calculation of Commitment Period and Disposable Income. |
| 23. | Debtor's Certification of Completion of Postpetition Instructional Course Concerning Personal Financial Management. |
| 24. | Certification to Court of Appeals by All Parties. |
| 25A. | Plan of Reorganization in Small Business Case under Chapter 11. |
| 25B. | Disclosure Statement in Small Business Case under Chapter 11. |
| 25C. | Small Business Monthly Operating Report. |
| 26. | Periodic Report Regarding Value, Operations and Profitability of Entities in Which the Debtor's Estate Holds a Substantial or Controlling Interest. |
| 27. | Reaffirmation Agreement Cover Sheet. |
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