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Federal Rules of Bankruptcy Procedure

Part I

1001 Scope; Title; Citations; References to a Specific Form
1002 Commencing a Bankruptcy Case
1003 Involuntary Petition: Transferred Claims; Joining Other Creditors; Additional Time to Join
1004 Involuntary Petition Against a Partnership
1004.1 Voluntary Petition on Behalf of an Infant or Incompetent Person
1004.2 Petition in a Chapter 15 Case D
1005 Caption of a Petition; Title of the Case D
1006 Filing Fee D
1007 Lists, Schedules, Statements, and Other Documents; Time to File D
1008 Requirement to Verify Petitions and Accompanying Documents
1009 Amending a Voluntary Petition, List, Schedule, or Statement
1010 Serving an Involuntary Petition and Summons
1011 Responsive Pleading in an Involuntary Case; Effect of a Motion D
1012 Contesting a Petition in a Chapter 15 Case D
1013 Contested Petition in an Involuntary Case; Default
1014 Transferring a Case to Another District; Dismissing a Case Improperly Filed
1015 Consolidating or Jointly Administering Cases Pending in the Same District
1016 Death or Incompetency of a Debtor
1017 Dismissing a Case; Suspending Proceedings; Converting a Case to Another Chapter D
1018 Contesting a Petition in an Involuntary or Chapter 15 Case; Vacating an Order for Relief; Applying Part VII Rules
1019 Converting or Reconverting a Chapter 11, 12, or 13 Case to Chapter 7 D
1020 Designating a Chapter 11 Debtor as a Small Business Debtor D
1021 Designating a Chapter 7, 9, or 11 Case as a Health Care Business Case

Part II

2001 Appointing an Interim Trustee Before the Order for Relief in an Involuntary Chapter 7 Case D
2002 Notices D
2003 Meeting of Creditors or Equity Security Holders D
2004 Examinations D
2005 Apprehending and Removing a Debtor for Examination D
2006 Soliciting and Voting Proxies in a Chapter 7 Case D
2007 Reviewing the Appointment of a Creditors’ Committee Organized Before a Chapter 9 or 11 Case Is Commenced D
2007.1 Appointing a Trustee or Examiner in a Chapter 11 Case D
2007.2 Appointing a Patient-Care Ombudsman in a Health Care Business Case D
2008 Notice to the Person Selected as Trustee D
2009 Trustees for Jointly Administered Estates
2010 Blanket Bond; Proceedings on the Bond
2011 Evidence That a Debtor Is a Debtor in Possession or That a Trustee Has Qualified
2012 Substituting a Trustee in a Chapter 11 or 12 Case; Successor Trustee in a Pending Proceeding
2013 Keeping a Public Record of Compensation Awarded by the Court to Examiners, Trustees, and Professionals
2014 Employing Professionals
2015 Duty to Keep Records, Make Reports, and Give Notices D
2015.1 Patient-Care Ombudsman D
2015.2 Transferring a Patient in a Health Care Business Case D
2015.3 Reporting Financial Information About Entities in Which a Chapter 11 Estate Holds a Substantial or Controlling Interest D
2016 Compensation for Services Rendered; Reimbursing Expenses D
2017 Examining Transactions Between a Debtor and the Debtor’s Attorney
2018 Intervention by an Interested Entity; Right to Be Heard
2019 Disclosures by Groups, Committees, and Other Entities in a Chapter 9 or 11 Case
2020 Reviewing an Act by a United States Trustee

Part III

3001 Proof of Claim D
3002 Filing a Proof of Claim or Interest D
3002.1 Notice Relating to Claims Secured by a Security Interest in the Debtor’s Principal Residence in a Chapter 13 Case D
3003 Chapter 9 or 11—Filing a Proof of Claim or Equity Interest
3004 Proof of Claim Filed by the Debtor or Trustee for a Creditor D
3005 Filing a Proof of Claim or Accepting or Rejecting a Plan by a Surety, Endorser, Guarantor, or Other Codebtor D
3006 Withdrawing a Proof of Claim; Effect on a Plan
3007 Objecting to a Claim D
3008 Reconsidering an Order Allowing or Disallowing a Claim
3009 Chapter 7—Paying Dividends
3010 Chapter 7, Subchapter V of Chapter 11, Chapter 12, and Chapter 13—Limits on Small Dividends and Payments
3011 Chapter 7, Subchapter V of Chapter 11, Chapter 12, and Chapter 13—Listing Unclaimed Funds
3012 Determining the Amount of a Secured or Priority Claim
3013 Determining Classes of Creditors and Equity Security Holders
3014 Chapter 9 or 11—Secured Creditors’ Election to Apply § 1111(b) D
3015 Chapter 12 or 13—Time to File a Plan; Nonstandard Provisions; Objection to Confirmation; Effect of Confirmation; Modifying a Plan D
3016 Chapter 9 or 11—Plan and Disclosure Statement
3017 Chapter 9 or 11—Hearing on a Disclosure Statement and Plan D
3017.1 Disclosure Statement in a Small Business Case or a Case Under Subchapter V of Chapter 11
3017.2 Setting Dates in a Case Under Subchapter V of Chapter 11 in Which There Is No Disclosure Statement
3018 Chapter 9 or 11—Accepting or Rejecting a Plan
3019 Chapter 9 or 11—Modifying a Plan D
3020 In a Chapter 11 Case, Depositing Funds Before the Plan is Confirmed; Confirmation in a Chapter 9 or 11 Case D
3021 Distributing Funds Under a Plan
3022 Chapter 11—Final Decree

Part IV

4001 Relief from the Automatic Stay; Prohibiting or Conditioning the Use, Sale, or Lease of Property; Using Cash Collateral; Obtaining Credit; Various Agreements D
4002 Debtor’s Duties D
4003 Exemptions D
4004 Granting or Denying a Discharge D
4005 Burden of Proof in Objecting to a Discharge
4006 Notice When No Discharge Is Granted
4007 Determining Whether a Debt Is Dischargeable D
4008 Reaffirmation Agreement and Supporting Statement D

Part V

5001 Court Operations; Clerks’ Offices
5002 Restrictions on Approving Court Appointments
5003 Records to Be Kept by the Clerk
5004 Disqualifying a Bankruptcy Judge
5005 Filing Papers and Sending Copies to the United States Trustee
5006 Providing Certified Copies
5007 Record of Proceedings; Transcripts
5008 Chapter 7—Notice That a Presumption of Abuse Has Arisen Under § 707(b) D
5009 Closing a Chapter 7, 12, 13, or 15 Case; Declaring Liens Satisfied D
5010 Reopening a Case
5011 Motion to Withdraw a Case or Proceeding or to Abstain from Hearing a Proceeding; Staying a Proceeding
5012 Chapter 15—Agreement to Coordinate Proceedings D

Part VI

6001 Burden of Proving the Validity of a Postpetition Transfer
6002 Custodian’s Report to the United States Trustee
6003 Prohibition on Granting Certain Applications and Motions Made Immediately After the Petition Is Filed D
6004 Use, Sale, or Lease of Property D
6005 Employing an Appraiser or Auctioneer
6006 Assuming, Rejecting, or Assigning an Executory Contract or Unexpired Lease D
6007 Abandoning or Disposing of Property D
6008 Redeeming Property from a Lien or a Sale to Enforce a Lien
6009 Right of the Trustee or Debtor in Possession to Prosecute and Defend Proceedings
6010 Avoiding an Indemnifying Lien or a Transfer to a Surety
6011 Claiming Patient Records Scheduled for Destruction in a Health-Care-Business Case D

Part VII

7001 Types of Adversary Proceedings
7002 References to the Federal Rules of Civil Procedure
7003 Commencing an Adversary Proceeding
7004 Process; Issuing and Serving a Summons and Complaint D
7005 Serving and Filing 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 in an Adversary Proceeding
7012 Defenses; Effect of a Motion; Motion for Judgment on the Pleadings and Other Procedural Matters D
7013 Counterclaim and Crossclaim
7014 Third-Party Practice
7015 Amended and Supplemental Pleadings
7016 Pretrial Procedures
7017 Plaintiff and Defendant; Capacity; Public Officers
7018 Joinder of Claims
7019 Required Joinder of Parties
7020 Permissive Joinder of Parties
7021 Misjoinder and Nonjoinder of Parties
7022 Interpleader
7023 Class Actions
7023.1 Derivative Actions
7023.2 Adversary Proceedings Relating to Unincorporated Associations
7024 Intervention
7025 Substitution of Parties
7026 Duty to Disclose; General Provisions Governing Discovery
7027 Depositions to Perpetuate Testimony
7028 Persons Before Whom Depositions May Be Taken
7029 Stipulations About Discovery Procedure
7030 Depositions by Oral Examination
7031 Depositions by Written Questions
7032 Using Depositions in Court Proceedings
7033 Interrogatories to Parties
7034 Producing Documents, Electronically Stored Information, and Tangible Things, or Entering onto Land, for Inspection and Other Purposes
7035 Physical and Mental Examinations
7036 Requests for Admission
7037 Failure to Make Disclosures or to Cooperate in Discovery; Sanctions
7040 Scheduling Cases for Trial
7041 Dismissing Adversary Proceedings
7042 Consolidating Adversary Proceedings; Separate Trials
7052 Findings and Conclusions by the Court; Judgment on Partial Findings D
7054 Judgments; Costs D
7055 Default; Default Judgment
7056 Summary Judgment D
7058 Entering Judgment
7062 Stay of Proceedings to Enforce a Judgment D
7064 Seizing a Person or Property
7065 Injunctions
7067 Deposit into Court
7068 Offer of Judgment
7069 Execution
7070 Enforcing a Judgment for a Specific Act; Vesting Title
7071 Enforcing Relief for or Against a Nonparty
7087 Transferring an Adversary Proceeding

Part VIII

8001 Scope; Definition of ‘‘BAP’’; Sending Documents Electronically
8002 Time to File a Notice of Appeal D
8003 Appeal as of Right—How Taken; Docketing the Appeal
8004 Leave to Appeal from an Interlocutory Order or Decree Under 28 U.S.C. § 158(a)(3) D
8005 Election to Have an Appeal Heard in the District Court Instead of the BAP D
8006 Certifying a Direct Appeal to a Court of Appeals D
8007 Stay Pending Appeal; Bond; Suspending Proceedings
8008 Indicative Rulings
8009 Record on Appeal; Sealed Documents D
8010 Transcribing the Proceedings; Filing the Transcript; Sending the Record D
8011 Filing and Service; Signature D
8012 Disclosure Statement
8013 Motions; Interventions D
8014 Briefs D
8015 Form and Length of a Brief; Form of an Appendix or Other Paper
8016 Cross-Appeals D
8017 Brief of an Amicus Curiae D
8018 Serving and Filing Briefs and Appendices D
8018.1 Reviewing a Judgment That the Bankruptcy Court Lacked Authority to Enter
8019 Oral Argument
8020 Frivolous Appeal; Other Misconduct
8021 Costs D
8022 Motion for Rehearing D
8023 Voluntary Dismissal
8023.1 Substitution of Parties
8024 Clerk’s Duties on Disposition of the Appeal
8025 Staying a District Court or BAP Judgment D
8026 Making and Amending Local Rules; Procedure When There Is No Controlling Law
8027 Notice of a Mediation Procedure
8028 Suspending These Part VIII Rules

Part IX

9001 Definitions
9002 Meaning of Words in the Federal Rules of Civil Procedure
9003 Ex Parte Contacts Prohibited
9004 General Requirements of Form
9005 Harmless Error
9005.1 Constitutional Challenge to a Statute—Notice, Certification, and Intervention
9006 Computing and Extending Time; Motions D
9007 Authority to Regulate Notices
9008 Service or Notice by Publication
9009 Using Official Forms; Director’s Forms
9010 Authority to Act Personally or by an Attorney; Power of Attorney
9011 Signing Documents; Representations to the Court; Sanctions; Verifying and Providing Copies D
9012 Oaths and Affirmations
9013 Motions; Form and Service
9014 Contested Matters
9015 Jury Trial D
9016 Subpoena
9017 Evidence
9018 Secret, Confidential, Scandalous, or Defamatory Matter
9019 Compromise or Settlement; Arbitration
9020 Contempt Proceedings
9021 When a Judgment or Order Becomes Effective
9022 Notice of a Judgment or Order
9023 New Trial; Altering or Amending a Judgment D
9024 Relief from a Judgment or Order
9025 Security; Proceeding Against a Security Provider
9026 Objecting to a Ruling or Order
9027 Removing a Claim or Cause of Action from Another Court D
9028 Judge’s Disability
9029 Adopting Local Rules; Limit on Enforcing a Local Rule; Absence of Controlling Law
9030 Jurisdiction and Venue Not Extended or Limited
9031 Using Masters Not Authorized
9032 Effect of an Amendment to the Federal Rules of Civil Procedure
9033 Proposed Findings of Fact and Conclusions of Law D
9034 Sending Copies to the United States Trustee
9035 Applying These Rules in a Judicial District in Alabama or North Carolina
9036 Electronic Notice and Service
9037 Protecting Privacy for Filings
9038 Bankruptcy Rules Emergency D

Historical version:

View current (2025) →

Part VII · Adversary Proceedings

Rule 7040. Assignment of Cases for Trial

Version effective 2013

Rule 40 F.R.Civ.P. applies in adversary proceedings.

added in current removed in current Compared to current version (2025).

~~Rule 40 F.~~Fed. R. Civ. P. 40 applies in an adversary proceedings. (As amended Apr. 2, 2024, eff. Dec. 1, 2024.)

Source: Official FRBP PDF , p. 103.