Federal Rules of Bankruptcy Procedure, December 1, 2025

Rule 7012. Defenses; Effect of a Motion; Motion for Judgment on

(1) Answer to a Complaint in General. A defendant must serve an answer to a complaint within 30 days after the summons was issued, unless the court sets a different time. (2) Answer to a Complaint Served by Publication or on a Party in a Foreign Country. The court must set the time to serve an answer to a complaint served by publication or served on a party in a foreign country. (3) Answer to a Crossclaim. A party served with a pleading that states a crossclaim must serve an answer to the crossclaim within 21 days after being served. (4) Answer to a Counterclaim. A plaintiff served with an an- swer that contains a counterclaim must serve an answer to the counterclaim within 21 days after service of: (A) the answer; or (B) a court order requiring an answer, unless the order states otherwise. (5) Answer to a Complaint or Crossclaim—or Answer to a Coun- terclaim—Served on the United States or an Officer or Agency. The United States or its officer or agency must serve: (A) an answer to a complaint within 35 days after the summons was issued; and (B) an answer to a crossclaim or a counterclaim within 35 days after the United States attorney is served with the pleading that asserts the claim. (6) Effect of a Motion. Unless the court sets a different time, serving a motion under this rule alters these times as follows: (A) if the court denies the motion or postpones disposi- tion until trial, the responsive pleading must be served within 14 days after notice of the court’s action; or (B) if the court grants a motion for a more definite statement, the responsive pleading must be served within 14 days after the statement is served. (b) APPLICABILITY OF CIVIL RULE 12(b)–(i). Fed. R. Civ. P. 12(b)–(i) applies in an adversary proceeding. A responsive pleading must state whether the party does or does not consent to the entry of final orders or judgment by the bankruptcy court.

Bankruptcy proceedings only; chapter-specific limits apply. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

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Rule 1006. Filing Fee

(a) IN GENERAL. Unless (b) or (c) applies, every petition must be accompanied by the filing fee. In this rule 1 ‘‘filing fee’’ means: (1) the filing fee required by 28 U.S.C. § 1930(a)(1)–(5); and (2) any other fee that the Judicial Conference of the United States requires under 28 U.S.C. § 1930(b) to be paid upon filing. (b) PAYING BY INSTALLMENT. (1) Application to Pay by Installment. The clerk must accept for filing an individual’s voluntary petition, regardless of whether any part of the filing fee is paid, if it is accompanied by a completed and signed application to pay in installments (Form 103A). (2) Court Decision on Installments. Before the meeting of creditors, the court may order payment of the entire filing fee or may order the debtor to pay it in installments, designating the number of installments (not to exceed 4), the amount of each one, and payment dates. All payments must be made within 120 days after the petition is filed. The court may, for cause, extend the time to pay an installment, but the last one must be paid within 180 days after the petition is filed. (3) Postponing Other Payments. Until the filing fee has been paid in full, the debtor or Chapter 13 trustee must not make any further payment to an attorney or any other person who provides services to the debtor in connection with the case.

Bankruptcy proceedings only; chapter-specific limits apply. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

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Rule 5005. Filing Papers and Sending Copies to the United States

Trustee (a) FILING PAPERS. (1) With the Clerk. Except as provided in 28 U.S.C. § 1409, the following papers required to be filed by these rules must be filed with the clerk in the district where the case is pending: • lists; • schedules; • statements; • proofs of claim or interest; • complaints; • motions; • applications; • objections; and • other required papers. The clerk must not refuse to accept for filing any petition or other paper solely because it is not in the form required by these rules or by any local rule or practice. (2) With a Judge of the Court. A judge may personally accept for filing a paper listed in (1). The judge must note on it the date of filing and promptly send it to the clerk. (3) Electronic Filing and Signing. (A) By a Represented Entity—Generally Required; Excep- tions. An entity represented by an attorney must file elec- tronically, unless nonelectronic filing is allowed by the court for cause or is allowed or required by local rule. (B) By an Unrepresented Individual—When Allowed or Re- quired. An individual not represented by an attorney: (i) may file electronically only if allowed by court order or local rule; and (ii) may be required to file electronically only by court order, or by a local rule that includes reasonable exceptions. (C) Signing. A filing made through a person’s electronic- filing account and authorized by that person, together with the person’s name on a signature block, constitutes the person’s signature. (D) Same as a Written Paper. A paper filed electronically is a written paper for purposes of these rules, the Federal Rules of Civil Procedure made applicable by these rules, and § 107. (b) SENDING COPIES TO THE UNITED STATES TRUSTEE. (1) Papers Sent Electronically. All papers required to be sent to the United States trustee may be sent by using the court’s

Bankruptcy proceedings only; chapter-specific limits apply. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

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Rule 8018. Serving and Filing Briefs and Appendices

(a) TIME TO SERVE AND FILE A BRIEF. Unless the district court or BAP by order in a particular case excuses the filing of briefs or sets a different time, the following time limits apply: (1) Appellant’s Brief. The appellant must serve and file a brief within 30 days after the docketing of notice that the record has been sent or that it is available electronically. (2) Appellee’s Brief. The appellee must serve and file a brief within 30 days after the appellant’s brief is served. (3) Appellant’s Reply Brief. The appellant may serve and file a reply brief within 14 days after service of the appellee’s brief but at least 7 days before scheduled argument—unless the dis- trict court or BAP, for cause, allows a later filing. (4) Consequence of Failure to File. If an appellant fails to file a brief on time or within an extended time authorized under (a)(3), the district court or BAP may—on its own after notice or on the appellee’s motion—dismiss the appeal. An appellee who fails to file a brief will not be heard at oral argument un- less the district court or BAP grants permission. (b) DUTY TO SERVE AND FILE AN APPENDIX. (1) Appellant’s Duty. Subject to (e) and Rule 8009(d), the ap- pellant must serve and file with its principal brief an appendix containing excerpts from the record. It must contain: (A) the relevant docket entries; (B) the complaint and answer, or equivalent filings; (C) the judgment, order, or decree from which the appeal is taken; (D) any other orders, pleadings, jury instructions, find- ings, conclusions, or opinions relevant to the appeal;

Bankruptcy proceedings only; chapter-specific limits apply. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

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Rule 9036. Electronic Notice and Service

(a) IN GENERAL. This rule applies whenever these rules require or permit sending a notice or serving a document by mail or other means. (b) NOTICES FROM AND SERVICE BY THE COURT. (1) To Registered Users. The clerk may send notice to or serve a registered user by filing the notice or document with the court’s electronic-filing system. (2) To All Recipients. For any recipient, the clerk may send notice or serve a document by electronic means that the recip- ient consented to in writing, including by designating an elec- tronic address for receiving notices. But these exceptions apply: (A) if the recipient has registered an electronic address with the Administrative Office of the United States Courts’ bankruptcy-noticing program, the clerk must use that address; and (B) if an entity has been designated by the Director of the Administrative Office of the United States Courts as a high-volume paper-notice recipient, the clerk may send the notice to or serve the document electronically at an address designated by the Director, unless the entity has designated an address under § 342(e) or (f). (c) NOTICES FROM AND SERVICE BY AN ENTITY. An entity may send notice or serve a document in the same manner that the clerk does under (b), excluding (b)(2)(A) and (B). (d) WHEN NOTICE OR SERVICE IS COMPLETE; KEEPING AN ADDRESS CURRENT. Electronic notice or service is complete upon filing or sending but is not effective if the filer or sender receives notice

Bankruptcy proceedings only; chapter-specific limits apply. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

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Rule 8010. Transcribing the Proceedings; Filing the Transcript;

(D) Failure to File on Time. If the reporter fails to file the transcript on time, the bankruptcy clerk must notify the bankruptcy judge. (b) CLERK’S DUTIES. (1) Sending the Record. Subject to Rule 8009(f) and (5) below, when the record is complete, the bankruptcy clerk must send to the clerk of the court where the appeal is pending either the record or a notice that it is available electronically. (2) Multiple Appeals. If there are multiple appeals from a judgment, order, or decree, the bankruptcy clerk must send a single record. (3) Docketing the Record in the Appellate Court. Upon receiving the record—or a notice that it is available electronically—the district, BAP, or circuit clerk must enter that information on the docket and promptly notify all parties to the appeal. (4) If the Court Orders Paper Copies. If the court where the ap- peal is pending orders that paper copies of the record be pro- vided, the clerk of that court must so notify the appellant. If the appellant fails to provide them, the bankruptcy clerk must prepare them at the appellant’s expense. (5) Motion for Leave to Appeal. Subject to (c), if a motion for leave to appeal is filed under Rule 8004, the bankruptcy clerk must prepare and send the record only after the motion is granted. (c) WHEN A PRELIMINARY MOTION IS FILED IN THE DISTRICT COURT, BAP, OR COURT OF APPEALS. (1) In General. This subdivision (c) applies if, before the record is sent, a party moves in the district court, BAP, or court of appeals for: (A) leave to appeal; (B) dismissal; (C) a stay pending appeal; (D) approval of a bond or other security provided to ob- tain a stay of judgment; or (E) any other intermediate order. (2) Sending the Record. The bankruptcy clerk must send to the clerk of the court where the relief is sought any parts of the record designated by a party to the appeal—or send a no- tice that they are available electronically.

Bankruptcy proceedings only; chapter-specific limits apply. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

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Rule 8013. Motions; Interventions

(a) CONTENT OF A MOTION; RESPONSE; REPLY. (1) Request for Relief. A request for an order or other relief is made by filing a motion with the district or BAP clerk. (2) Content of a Motion. (A) Grounds, Relief Sought, and Supporting Argument. A motion must state with particularity the grounds for the motion, the relief sought, and the legal argument support- ing it. (B) Motion to Expedite an Appeal. A motion to expedite an appeal must explain what justifies considering the appeal ahead of other matters. The motion may be filed as an emergency motion under (d). If it is granted, the district court or BAP may accelerate the time to: (i) send the record; (ii) file briefs and other documents; (iii) conduct oral argument; and (iv) resolve the appeal. (C) Accompanying Documents. (i) Supporting Document. Any affidavit or other doc- ument necessary to support a motion must be served and filed with the motion. (ii) Content of Affidavit. An affidavit must contain only factual information, not legal argument. (iii) Motion Seeking Substantive Relief. A motion seeking substantive relief must include a copy of the

Bankruptcy proceedings only; chapter-specific limits apply. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

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Rule 5011. Motion to Withdraw a Case or Proceeding or to Abstain

(a) WITHDRAWING A CASE OR PROCEEDING. A motion to withdraw a case or proceeding under 28 U.S.C. § 157(d) must be heard by a district judge. (b) ABSTAINING FROM HEARING A PROCEEDING. Rule 9014 governs a motion asking the court to abstain from hearing a proceeding under 28 U.S.C. § 1334(c). The motion must be served on all parties to the proceeding. (c) STAYING A PROCEEDING AFTER A MOTION TO WITHDRAW OR AB- STAIN. A motion filed under (a) or (b) does not stay proceedings in a case or affect its administration. But a bankruptcy judge may, on proper terms and conditions, stay a proceeding until the mo- tion is decided. (d) MOTION TO STAY A PROCEEDING. A motion to stay a proceed- ing must ordinarily be submitted first to the bankruptcy judge. If it—or a motion for relief from a stay—is filed in the district court, the motion must state why it was not first presented to or ob- tained from the bankruptcy judge. The district judge may grant relief on proper terms and conditions.

Bankruptcy proceedings only; chapter-specific limits apply. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

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Rule 9015. Jury Trial

(a) IN GENERAL. In a bankruptcy case or proceeding, Fed. R. Civ. P. 38–39, 47–49, 51, and 81(c) (insofar as it applies to jury trials) apply. But a demand for a jury trial under Fed. R. Civ. P. 38(b) must be filed in accordance with Rule 5005. (b) JURY TRIAL BEFORE A BANKRUPTCY JUDGE. The parties may— jointly or separately—file a statement consenting to a jury trial conducted by a bankruptcy judge under 28 U.S.C. § 157(e) if: (1) the right to a jury trial applies; (2) a timely demand has been filed under Fed. R. Civ. P. 38(b); (3) the bankruptcy judge has been specially designated to conduct the jury trial; and (4) the statement is filed within any time specified by local rule. (c) JUDGMENT AS A MATTER OF LAW; MOTION FOR A NEW TRIAL. Fed. R. Civ. P. 50 applies in a bankruptcy case or proceeding—ex- cept that a renewed motion for judgment, or a request for a new trial, must be filed within 14 days after the judgment is entered.

Bankruptcy proceedings only; chapter-specific limits apply. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

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Rule 8022. Motion for Rehearing

(a) TIME TO FILE; CONTENT; RESPONSE; ACTION BY THE DISTRICT COURT OR BAP IF GRANTED. (1) Time. Unless the time is shortened or extended by order or local rule, any motion for rehearing by the district court or BAP must be filed within 14 days after a judgment on appeal is entered. (2) Content. The motion must state with particularity each point of law or fact that the movant believes the district court or BAP has overlooked or misapprehended and must argue in support of the motion. (3) Response. Unless the district court or BAP requests, no response to a motion for rehearing is permitted. But ordi- narily, rehearing will not be granted without such a request. (4) No Oral Argument. Oral argument is not permitted. (5) Action by the District Court or BAP. If a motion for rehear- ing is granted, the district court or BAP may do any of the fol- lowing:

Bankruptcy proceedings only; chapter-specific limits apply. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

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Rule 9023. New Trial; Altering or Amending a Judgment

(a) APPLICATION OF CIVIL RULE 59. Except as this rule and Rule 3008 provide otherwise, Fed. R. Civ. P. 59 applies in a bankruptcy case. (b) BY MOTION. A motion for a new trial or to alter or amend a judgment must be filed within 14 days after the judgment is en- tered. In some instances, Rule 8008 governs postjudgment motion practice after an appeal has been docketed and is pending. (c) BY THE COURT. Within 14 days after judgment is entered, the court may, on its own, order a new trial.

Bankruptcy proceedings only; chapter-specific limits apply. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

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Rule 1010. Serving an Involuntary Petition and Summons

(a) IN GENERAL. After an involuntary petition has been filed, the clerk must promptly issue a summons for service on the debtor. The summons must be served with a copy of the petition in the manner that Rule 7004(a) and (b) provide for service of a summons and complaint. If service cannot be so made, the court may order service by mail to the debtor’s last known address, and by at least one publication as the court orders. Service may be made any- where. Rule 7004(e) and Fed. R. Civ. P. 4(l) govern service under this rule. (b) CORPORATE-OWNERSHIP STATEMENT. A corporation that files an involuntary petition must file and serve with the petition a corporate-ownership statement containing the information de- scribed in Rule 7007.1. (As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 1, 1991; Apr. 22, 1993, eff. Aug. 1, 1993; Apr. 11, 1997, eff. Dec. 1, 1997; Apr. 23, 2008, eff. Dec. 1, 2008; Apr. 28, 2016, eff. Dec. 1, 2016; Apr. 2, 2024, eff. Dec. 1, 2024.)

Bankruptcy proceedings only; chapter-specific limits apply. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

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Rule 7016. Pretrial Procedures

(a) PRETRIAL CONFERENCES; SCHEDULING; MANAGEMENT. Fed. R. Civ. P. 16 applies in an adversary proceeding. (b) DETERMINING PROCEDURE. On its own or a party’s timely mo- tion, the court must decide whether: (1) to hear and determine the proceeding; (2) to hear it and issue proposed findings of fact and conclu- sions of law; or (3) to take other action.

Bankruptcy proceedings only; chapter-specific limits apply. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

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Rule 3005. Filing a Proof of Claim or Accepting or Rejecting a Plan

(a) IN GENERAL. If a creditor fails to file a proof of claim within the time prescribed by Rule 3002(c) or Rule 3003(c), it may be filed by an entity that, along with the debtor, is or may be liable to the creditor or has given security for the creditor’s debt. The entity must do so within 30 days after the creditor’s time to file expires. A distribution on such a claim may be made only on satisfactory proof that the distribution will diminish the original debt. (b) ACCEPTING OR REJECTING A PLAN IN A CREDITOR’S NAME. An entity that has filed a proof of claim on a creditor’s behalf under (a) may accept or reject a plan in the creditor’s name. If the credi- tor’s name is unknown, the entity may do so in its own name. But the creditor must be substituted for the entity on that claim if the creditor: (1) files a proof of claim within the time permitted by Rule 3003(c); or (2) files notice, before the plan is confirmed, of an intent to act on the creditor’s own behalf.

Bankruptcy proceedings only; chapter-specific limits apply. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

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Rule 9008. Service or Notice by Publication

When these rules require or authorize service or notice by publi- cation, and to the extent that they do not provide otherwise, the court must determine the form and manner of publication—in- cluding the newspaper or other medium to be used and the number of publications.

Bankruptcy proceedings only; chapter-specific limits apply. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

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