Rule 13 F.R.Civ.P. applies in adversary proceedings, except that a party sued by a trustee or debtor in possession need not state as a counterclaim any claim that the party has against the debtor, the debtor’s property, or the estate, unless the claim arose after the entry of an order for relief. A trustee or debtor in possession who fails to plead a counterclaim through oversight, inadvertence, or excusable neglect, or when justice so requires, may by leave of court amend the pleading, or commence a new adversary proceeding or separate action.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987.)
added in current removed in current
Compared to current version (2025).
Rule 13 F.(a) Fed. R. Civ. P. 13 applies in an adversary proceedings, except tha. But a party sued by a trustee or debtor in possession need not state as a counterclaim any claim that the party has against the debtor, the debtor’s property, or the estate, unless the claim arose after the entry of an order for relief. Aorder for relief. If, through oversight, inadvertence, or excusable neglect, a trustee or debtor in possession who fails to plead a counterclaim through oversight, inadvertence, or excusable neglect, or when justice so requires, may by leave of court-or when justice so requires-the court may permit the trustee or debtor in possession to: amend the pleading,; or
(b) commence a new adversary proceeding or separate action.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 2, 2024, eff. Dec. 1, 2024.)