Rule 60 F.R.Civ.P. applies in cases under the Code except that (1) a motion to reopen a case under the Code or for the reconsideration of an order allowing or disallowing a claim against the estate entered without a contest is not subject to the one year limitation prescribed in Rule 60(c), (2) a complaint to revoke a discharge in a chapter 7 liquidation case may be filed only within the time allowed by § 727(e) of the Code, and (3) a complaint to revoke an order confirming a plan may be filed only within the time allowed by § 1144, § 1230, or § 1330. In some circumstances, Rule 8008 governs post-judgment motion practice after an appeal has been docketed and is pending.
(As amended Apr. 30, 1991, eff. Aug. 1, 1991; Apr. 23, 2008, eff. Dec. 1, 2008; Apr. 25, 2014, eff. Dec. 1, 2014.)
added in current removed in current
Compared to current version (2025).
Rule 60 F.(a) In General. Fed. R. Civ. P. 60 applies in cases under the Code except that (1)a bankruptcy case- except that:
(1) the one-year limitation in Fed. R. Civ. P. 60(c) does not apply to a motion to reopen a case under the Code or for theo reconsideration of an an uncontested order allowing or disallowing a claim against the estate entered without a contest is not subject to the one year limitation prescribed in Rule 60(c), ;
(2) a complaint to revoke a discharge in a cChapter 7 liquidation case mayust be filed only within the time allowed by § 727(e) of the Code,; and
(3) a complaint to revoke an order confirming a plan mayust be filed only within the time allowed by § 1144, § 1230, or § 1330.
(b) Indicative Ruling. In some circuminstances, Rule 8008 governs post-judgment motion practice after an appeal has been docketed and is pending.
(As amended Apr. 30, 1991, eff. Aug. 1, 1991; Apr. 23, 2008, eff. Dec. 1, 2008; Apr. 25, 2014, eff. Dec. 1, 2014; Apr. 2, 2024, eff. Dec. 1, 2024.)