(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.
(b) Defenses and Objections; When Presented. Defenses and objections to the petition shall be presented in the manner prescribed by Rule 12 F.R.Civ.P. and shall be filed and served within 21 days after service of the summons, except that if service is made by publication on a party or partner not residing or found within the state in which the court sits, the court shall prescribe the time for filing and serving the response.
(c) Effect of Motion. Service of a motion under Rule 12(b) F.R.Civ.P. shall extend the time for filing and serving a responsive pleading as permitted by Rule 12(a) F.R.Civ.P.
(d) Claims Against Petitioners. A claim against a petitioning creditor may not be asserted in the answer except for the purpose of defeating the petition.
(e) Other Pleadings. No other pleadings shall be permitted, except that the court may order a reply to an answer and prescribe the time for filing and service.
(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, pleading, motion, response, or other request addressed to the court a corporate ownership statement containing the information described in Rule 7007.1.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 26, 2004, eff. Dec. 1, 2004; Apr. 23, 2008, eff. Dec. 1, 2008; Mar. 26, 2009, eff. Dec. 1, 2009.)
[Rule 1012. Examination of Debtor, Including Discovery, on Issue of Nonpayment of Debts in Involuntary Cases.] (Abrogated Mar. 30, 1987, eff. Aug. 1, 1987)
added in current removed in current
Compared to current version (2025).
(a) Who May Contest a Petition. TheA debtor named inmay contest 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 filed against it. In a partnership case 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.
(b) Defenses and Objections; When Presented. DTime to File. A defenses and or objections to the petition shallmust be presented in the manneras prescribed by Rule 12 F.Fed. R. Civ. P. and shall12. It must be filed and served within 21 days after service of the summons, except thathe summons is served. But if service is made by publication on a party or partner not residing orwho does not reside in-or cannot be found within -the state in whichwhere the court sits, the court shall prescribemust set the time forto filinge and servinge the responseanswer.
(c) Effect of a Motion. Service ofng a motion under Rule 12(b) F.Fed. R. Civ. P. shall12(b) extends the time forto filinge and serving a responsive pleading as permitted by Rule 12(a) F.R.Civ.P.
(d) Claims Against Petitioners. A ce an answer as Fed. R. Civ. P. 12(a) permits.
(d) Limitation on Asserting a Debtor ’ s Claim aAgainst a pPeti - tioning cCreditor may. A debtor’s answer must not be asserted in the answer except for the purpose of a claim against a petitioning creditor except to defeating the petition.
(e) OtherLimit on Pleadings. No other pleadings shall be permitted, except tha other than an answer to the petition is allowed, but the court may order a reply to an answer and prescribeset the time for filing and service.
(f) Corporate -Ownership Statement. If the entityA corporation that respondings to the involuntary petition or the petition for recognition of a foreign procepetition must file a corporate-ownership statement containing the information described ing is a corporation, the entity shall file Rule 7007.1. The corporation must do so with its first appearance, pleading, motion, or response, or other first request addressed to the court a corporate ownership statement containing the information described in Rule 7007.1.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 26, 2004, eff. Dec. 1, 2004; Apr. 23, 2008, eff. Dec. 1, 2008; Mar. 26, 2009, eff. Dec. 1, 2009.)
Appended Forms
[Rule 1012. Examination of Debtor, Including Discovery, on Issue of Nonpayment of Debts in Involuntary Cases.] (Abrogated Mar. 30, 1987; Apr. 28, 2016, eff. Dec. 1, 2016; Apr. 2, 2024, eff. AugDec. 1, 19872024.)