Title 11 -- Bankruptcy


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    11 USC TITLE 11 - APPENDIX                                   01/23/00
 
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    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
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    TITLE 11 - APPENDIX
 
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    11 USC BANKRUPTCY RULES AND OFFICIAL FORMS                   01/23/00
 
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    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    .
 
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    BANKRUPTCY RULES AND OFFICIAL FORMS
 
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         (EFFECTIVE AUGUST 1, 1983, AS AMENDED TO JANUARY 23, 2000)
    Part                                                            Rule
    I.    Commencement of Case; Proceedings Relating to Petition and
      Order for Relief                                              1002
    II.   Officers and Administration; Notices; Meetings; Examinations;
      Elections; Attorneys and Accountants                          2001
    III.  Claims and Distribution to Creditors and Equity Interest
      Holders; Plans                                                3001
    IV.   The Debtor: Duties and Benefits                           4001
    V.    Bankruptcy Courts and Clerks                              5001
    VI.   Collection and Liquidation of the Estate                  6001
    VII.  Adversary Proceedings                                     7001
    VIII. Appeals to District Court or Bankruptcy Appellate Panel
                                                                    8001
    IX.   General Provisions                                        9001
    X.    United States Trustees                                  X-1001
           Official Forms
                              BANKRUPTCY RULES
    Rule
    1001. Scope of Rules and Forms; Short Title.
     PART I. COMMENCEMENT OF CASE; PROCEEDINGS RELATING TO PETITION AND
                              ORDER FOR RELIEF
    1002. Commencement of Case.
    1003. Involuntary Petition.
    1004. Partnership Petition.
    1005. Caption of Petition.
    1006. Filing Fee.
    1007. Lists, Schedules, and Statements; Time Limits.
    1008. Verification of Petitions and Accompanying Papers.
    1009. Amendments of Voluntary Petitions, Lists, Schedules and
      Statements.
    1010. Service of Involuntary Petition and Summons; Petition
      Commencing Ancillary Case.
    1011. Responsive Pleading or Motion in Involuntary and Ancillary
      Cases.
    1012. (Abrogated).
    1013. Hearing and Disposition of a Petition in an Involuntary Case.
    1014. Dismissal and Change of Venue.
    1015. Consolidation or Joint Administration of Cases Pending in
      Same Court.
    1016. Death or Incompetency of Debtor.
    1017. Dismissal or Conversion of Case; Suspension.
    1018. Contested Involuntary Petitions; Contested Petitions
      Commencing Ancillary Cases; Proceedings To Vacate Order for
      Relief; Applicability of Rules in Part VII Governing Adversary
      Proceedings.
    1019. Conversion of a Chapter 11 Reorganization Case, Chapter 12
      Family Farmer's Debt Adjustment Case, or Chapter 13 Individual's
      Debt Adjustment Case to a Chapter 7 Liquidation Case.
    1020. Election to be Considered a Small Business in a Chapter 11
      Reorganization Case.
          PART II. OFFICERS AND ADMINISTRATION; NOTICES; MEETINGS;
             EXAMINATIONS; ELECTIONS; ATTORNEYS AND ACCOUNTANTS
    2001. Appointment of Interim Trustee Before Order for Relief in a
      Chapter 7 Liquidation Case.
    2002. Notices to Creditors, Equity Security Holders, United States,
      and United States Trustee.
    2003. Meeting of Creditors or Equity Security Holders.
    2004. Examination.
    2005. Apprehension and Removal of Debtor to Compel Attendance for
      Examination.
    2006. Solicitation and Voting of Proxies in Chapter 7 Liquidation
      Cases.
    2007. Review of Appointment of Creditors' Committee Organized
      Before Commencement of the Case.
    2007.1. Appointment of Trustee or Examiner in a Chapter 11
      Reorganization Case.
    2008. Notice to Trustee of Selection.
    2009. Trustees for Estates When Joint Administration Ordered.
    2010. Qualification by Trustee; Proceeding on Bond.
    2011. Evidence of Debtor in Possession or Qualification of Trustee.
    2012. Substitution of Trustee or Successor Trustee; Accounting.
    2013. Public Record of Compensation Awarded to Trustees, Examiners,
      and Professionals.
    2014. Employment of Professional Persons.
    2015. Duty to Keep Records, Make Reports, and Give Notice of Case.
    2016. Compensation for Services Rendered and Reimbursement of
      Expenses.
    2017. Examination of Debtor's Transactions with Debtor's Attorney.
    2018. Intervention; Right to be Heard.
    2019. Representation of Creditors and Equity Security Holders in
      Chapter 9 Municipality and Chapter 11 Reorganization Cases.
    2020. Review of Acts by United States Trustee.
     PART III. CLAIMS AND DISTRIBUTION TO CREDITORS AND EQUITY INTEREST
                               HOLDERS; PLANS
    3001. Proof of Claim.
    3002. Filing Proof of Claim or Interest.
    3003. Filing Proof of Claim or Equity Security Interest in Chapter
      9 Municipality or Chapter 11 Reorganization Cases.
    3004. Filing of Claims by Debtor or Trustee.
    3005. Filing of Claim, Acceptance, or Rejection by Guarantor,
      Surety, Indorser, or Other Codebtor.
    3006. Withdrawal of Claim; Effect on Acceptance or Rejection of
      Plan.
    3007. Objections to Claims.
    3008. Reconsideration of Claims.
    3009. Declaration and Payment of Dividends in a Chapter 7
      Liquidation Case.
    3010. Small Dividends and Payments in Chapter 7 Liquidation,
      Chapter 12 Family Farmer's Debt Adjustment, and Chapter 13
      Individual's Debt Adjustment Cases.
    3011. Unclaimed Funds in Chapter 7 Liquidation, Chapter 12 Family
      Farmer's Debt Adjustment, and Chapter 13 Individual's Debt
      Adjustment Cases.
    3012. Valuation of Security.
    3013. Classification of Claims and Interests.
    3014. Election Under Sec. 1111(b) by Secured Creditor in Chapter 9
      Municipality or Chapter 11 Reorganization Case.
    3015. Filing, Objection to Confirmation, and Modification of a Plan
      in a Chapter 12 Family Farmer's Debt Adjustment or a Chapter 13
      Individual's Debt Adjustment Case.
    3016. Filing of Plan and Disclosure Statement in Chapter 9
      Municipality and Chapter 11 Reorganization Cases.
    3017. Court Consideration of Disclosure Statement in Chapter 9
      Municipality and Chapter 11 Reorganization Cases.
    3017.1. Court Consideration of Disclosure Statement in a Small
      Business Case.
    3018. Acceptance or Rejection of Plan in a Chapter 9 Municipality
      or a Chapter 11 Reorganization Case.
    3019. Modification of Accepted Plan Before Confirmation in a
      Chapter 9 Municipality or Chapter 11 Reorganization Case.
    3020. Deposit; Confirmation of Plan in a Chapter 9 Municipality or
      a Chapter 11 Reorganization Case.
    3021. Distribution Under Plan.
    3022. Final Decree in Chapter 11 Reorganization Case.
                  PART IV. THE DEBTOR: DUTIES AND BENEFITS
    4001. Relief from Automatic Stay; Prohibiting or Conditioning the
      Use, Sale, or Lease of Property; Use of Cash Collateral;
      Obtaining Credit; Agreements.
    4002. Duties of Debtor.
    4003. Exemptions.
    4004. Grant or Denial of Discharge.
    4005. Burden of Proof in Objecting to Discharge.
    4006. Notice of No Discharge.
    4007. Determination of Dischargeability of a Debt.
    4008. Discharge and Reaffirmation Hearing.
                         PART V. COURTS AND CLERKS
    5001. Courts and Clerks' Offices.
    5002. Restrictions on Approval of Appointments.
    5003. Records Kept by the Clerk.
    5004. Disqualification.
    5005. Filing and Transmittal of Papers.
    5006. Certification of Copies of Papers.
    5007. Record of Proceedings and Transcripts.
    5008. (Abrogated).
    5009. Closing Chapter 7 Liquidation, Chapter 12 Family Farmer's
      Debt Adjustment, and Chapter 13 Individual's Debt Adjustment
      Cases.
    5010. Reopening Cases.
    5011. Withdrawal and Abstention from Hearing a Proceeding.
             PART VI. COLLECTION AND LIQUIDATION OF THE ESTATE
    6001. Burden of Proof As to Validity of Postpetition Transfer.
    6002. Accounting by Prior Custodian of Property of the Estate.
    6003. (Abrogated).
    6004. Use, Sale, or Lease of Property.
    6005. Appraisers and Auctioneers.
    6006. Assumption, Rejection or Assignment of an Executory Contract
      or Unexpired Lease.
    6007. Abandonment or Disposition of Property.
    6008. Redemption of Property from Lien or Sale.
    6009. Prosecution and Defense of Proceedings by Trustee or Debtor
      in Possession.
    6010. Proceeding to Avoid Indemnifying Lien or Transfer to Surety.
                      PART VII. ADVERSARY PROCEEDINGS
    7001. Scope of Rules of Part VII.       
    7002. References to Federal Rules of Civil Procedure.
    7003. Commencement of Adversary Proceeding.
    7004. Process; Service of Summons, Complaint.
    7005. Service and Filing of Pleadings and Other Papers.
    7007. Pleadings Allowed.
    7008. General Rules of Pleading.
    7009. Pleading Special Matters.
    7010. Form of Pleadings.
    7012. Defenses and Objections - When and How Presented - By
      Pleading or Motion - Motion for Judgment on the Pleadings.
    7013. Counterclaim and Cross-Claim.
    7014. Third-Party Practice.
    7015. Amended and Supplemental Pleadings.
    7016. Pre-Trial Procedure; Formulating Issues.
    7017. Parties Plaintiff and Defendant; Capacity.
    7018. Joinder of Claims and Remedies.
    7019. Joinder of Persons Needed for Just Determination.
    7020. Permissive Joinder of Parties.
    7021. Misjoinder and Non-Joinder of Parties.
    7022. Interpleader.
    7023. Class Proceedings.
    7023.1. Derivative Proceedings by Shareholders.
    7023.2. Adversary Proceedings Relating to Unincorporated
      Associations.
    7024. Intervention.
    7025. Substitution of Parties.
    7026. General Provisions Governing Discovery.
    7027. Depositions Before Adversary Proceedings or Pending Appeal.
    7028. Persons Before Whom Depositions May Be Taken.
    7029. Stipulations Regarding Discovery Procedure.
    7030. Depositions Upon Oral Examination.
    7031. Deposition Upon Written Questions.
    7032. Use of Depositions in Adversary Proceedings.
    7033. Interrogatories to Parties.
    7034. Production of Documents and Things and Entry Upon Land for
      Inspection and Other Purposes.
    7036. Requests for Admission.
    7037. Failure to Make Discovery: Sanctions.
    7040. Assignment of Cases for Trial.
    7041. Dismissal of Adversary Proceedings.
    7042. Consolidation of Adversary Proceedings; Separate Trials.
    7052. Findings by the Court.
    7054. Judgments; Costs.
    7055. Default.
    7056. Summary Judgment.
    7062. Stay of Proceedings to Enforce a Judgment.
    7064. Seizure of Person or Property.
    7065. Injunctions.
    7067. Deposit in Court.
    7068. Offer of Judgment.
    7069. Execution.
    7070. Judgment for Specific Acts; Vesting Title.
    7071. Process in Behalf of and Against Persons Not Parties.
    7087. Transfer of Adversary Proceeding.
     PART VIII. APPEALS TO DISTRICT COURT OR BANKRUPTCY APPELLATE PANEL
    8001. Manner of Taking Appeal; Voluntary Dismissal.
    8002. Time for Filing Notice of Appeal.
    8003. Leave to Appeal.
    8004. Service of the Notice of Appeal.
    8005. Stay Pending Appeal.
    8006. Record and Issues on Appeal.
    8007. Completion and Transmission of the Record; Docketing of the
      Appeal.
    8008. Filing and Service.
    8009. Briefs and Appendix; Filing and Service.
    8010. Form of Briefs; Length.
    8011. Motions.
    8012. Oral Argument.
    8013. Disposition of Appeal; Weight Accorded Bankruptcy Judge's
      Findings of Fact.
    8014. Costs.
    8015. Motion for Rehearing.
    8016. Duties of Clerk of District Court and Bankruptcy Appellate
      Panel.
    8017. Stay of Judgment of District Court or Bankruptcy Appellate
      Panel.
    8018. Rules by Circuit Councils and District Courts; Procedure When
      There is No Controlling Law.
    8019. Suspension of Rules in Part VIII.
    8020. Damages and Costs for Frivolous Appeal.
                        PART IX. GENERAL PROVISIONS
    9001. General Definitions.
    9002. Meanings of Words in the Federal Rules of Civil Procedure
      When Applicable to Cases under the Code.
    9003. Prohibition of Ex Parte Contacts.
    9004. General Requirements of Form.
    9005. Harmless Error.
    9006. Time.
    9007. General Authority to Regulate Notices.
    9008. Service or Notice by Publication.
    9009. Forms.
    9010. Representation and Appearances; Powers of Attorney.
    9011. Signing of Papers; Representations to the Court; Sanctions;
      Verification and Copies of Papers.
    9012. Oaths and Affirmations.
    9013. Motions: Form and Service.
    9014. Contested Matters.
    9015. Jury Trials.
    9016. Subpoena.
    9017. Evidence.
    9018. Secret Confidential, Scandalous, or Defamatory Matter.
    9019. Compromise and Arbitration.
    9020. Contempt Proceedings.
    9021. Entry of Judgment.
    9022. Notice of Judgment or Order.
    9023. New Trials; Amendment of Judgments.
    9024. Relief from Judgment or Order.
    9025. Security: Proceedings Against Sureties.
    9026. Exceptions Unnecessary.
    9027. Removal.
    9028. Disability of a Judge.
    9029. Local Bankruptcy Rules; Procedure When There is No
      Controlling Law.
    9030. Jurisdiction and Venue Unaffected.
    9031. Masters Not Authorized.
    9032. Effect of Amendment of Federal Rules of Civil Procedure.
    9033. Review of Proposed Findings of Fact and Conclusions of Law in
      Non-Core Proceedings.
    9034. Transmittal of Pleadings, Motion Papers, Objections, and
      Other Papers to the United States Trustee.
    9035. Applicability of Rules in Judicial Districts in Alabama and
      North Carolina.
    9036. Notice by Electronic Transmission.
                            PART X. (ABROGATED)
                         OFFICIAL BANKRUPTCY FORMS
    Form
    1. Voluntary Petition.
    2. Declaration under Penalty of Perjury on Behalf of a Corporation
      or Partnership.
    3. Application and Order to Pay Filing Fee in Installments.
    4. List of Creditors Holding 20 Largest Unsecured Claims.
    5. Involuntary Petition.
    6. Schedules.
    7. Statement of Financial Affairs.
    8. Chapter 7 Individual Debtor's Statement of Intention.
    9. Notice of Commencement of Case under the Bankruptcy Code,
      Meeting of Creditors, and Deadlines.
    10. Proof of Claim.
    11A. General Power of Attorney.
    11B. Special Power of Attorney.
    12. Order and Notice for Hearing on Disclosure Statement.
    13. Order Approving Disclosure Statement and Fixing Time for Filing
      Acceptances or Rejections of Plan, Combined with Notice Thereof.
    14. Ballot for Accepting or Rejecting a Plan.
    15. Order Confirming Plan.
    16A. Caption.
    16B. Caption (Short Title).
    16C. Caption of Complaint in Adversary Proceeding Filed by a
      Debtor.
    16D. Caption for Use in Adversary Proceeding other than for a
      Complaint Filed by a Debtor.
    17. Notice of Appeal under 28 U.S.C. Sec. 158(a) or (b) from a
      Judgment, Order, or Decree of a Bankruptcy Judge.
    18. Discharge of Debtor.
    19. Certification and Signature of Non-Attorney Bankruptcy Petition
      Preparer (See 11 U.S.C. Sec. 110).
    20A. Notice of Motion or Objection.
    20B. Notice of Objection to Claim.
 
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    11 USC APPENDIX - BANKRUPTCY RULES                           01/23/00
 
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    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    BANKRUPTCY RULES
    .
 
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    BANKRUPTCY RULES
 
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          EFFECTIVE DATE; APPLICATION; SUPERSEDURE OF PRIOR RULES;
                          TRANSMISSION TO CONGRESS
      Sections 2 to 4 of the Order of the Supreme Court, dated Apr. 25,
    1983, provided:
      ''2. That the aforementioned Bankruptcy Rules shall take effect
    on August 1, 1983, and shall be applicable to proceedings then
    pending, except to the extent that in the opinion of the court
    their application in a pending proceeding would not be feasible or
    would work injustice, in which event the former procedure applies.
      ''3. That the Bankruptcy Rules, heretofore prescribed by this
    Court, be, and they hereby are, superseded by the new rules,
    effective August 1, 1983.
      ''4. That the Chief Justice be, and he hereby is, authorized to
    transmit these new Bankruptcy Rules to the Congress in accordance
    with the provisions of Section 2075 of Title 28, United States
    Code.''
 
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    11 USC APPENDIX - BANKRUPTCY RULES Rule 1001                 01/23/00
 
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    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    BANKRUPTCY RULES
 
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    Rule 1001. Scope of Rules and Forms; Short Title
 
-STATUTE-
      The Bankruptcy Rules and Forms govern procedure in cases under
    title 11 of the United States Code. The rules shall be cited as the
    Federal Rules of Bankruptcy Procedure and the forms as the Official
    Bankruptcy Forms. These rules shall be construed to secure the
    just, speedy, and inexpensive determination of every case and
    proceeding.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987; Apr. 30, 1991, eff.
    Aug. 1, 1991.)
 
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                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      Section 247 of Public Law 95-598, 92 Stat. 2549 amended 28 U.S.C.
    Sec. 2075 by omitting the last sentence.  The effect of the
    amendment is to require that procedural rules promulgated pursuant
    to 28 U.S.C. Sec. 2075 be consistent with the bankruptcy statute,
    both titles 11 and 28 U.S.C. Thus, although Rule 1001 sets forth
    the scope of the bankruptcy rules and forms, any procedural matters
    contained in title 11 or 28 U.S.C. with respect to cases filed
    under 11 U.S.C. would control.  See 1 Collier, Bankruptcy 3.04
    (2)(c) (15th ed. 1980).
      28 U.S.C. Sec. 151 establishes a United States Bankruptcy Court
    in each district as an adjunct to the district court.  This
    provision does not, however, become effective until April 1, 1984.
    Public Law 95-598, Sec. 402(b). From October 1, 1979 through March
    31, 1984, the courts of bankruptcy as defined in Sec. 1(10) of the
    Bankruptcy Act, and created in Sec. 2a of that Act continue to be
    the courts of bankruptcy.  Public Law 95-598, Sec. 404(a). From
    their effective date these rules and forms are to be applicable in
    cases filed under chapters 7, 9, 11 and 13 of title 11 regardless
    of whether the court is established by the Bankruptcy Act or by 28
    U.S.C. Sec. 151. Rule 9001 contains a broad and general definition
    of ''bankruptcy court,'' ''court'' and ''United States Bankruptcy
    Court'' for this purpose.
      ''Bankruptcy Code'' or ''Code'' as used in these rules means
    title 11 of the United States Code, the codification of the
    bankruptcy law.  Public Law 95-598, Sec. 101. See Rule 9001.
      ''Bankruptcy Act'' as used in the notes to these rules means the
    Bankruptcy Act of 1898 as amended which was repealed by Sec. 401(a)
    of Public Law 95-598.
      These rules apply to all cases filed under the Code except as
    otherwise specifically stated.
      The final sentence of the rule is derived from former Bankruptcy
    Rule 903. The objective of ''expeditious and economical
    administration'' of cases under the Code has frequently been
    recognized by the courts to be ''a chief purpose of the bankruptcy
    laws.'' See Katchen v.  Landy, 382 U.S. 323, 328 (1966): Bailey v.
    Glover, 88 U.S. (21 Wall.) 342, 346-47 (1874): Ex parte Christy, 44
    U.S. (3 How.) 292, 312-14, 320-22 (1845). The rule also
    incorporates the wholesome mandate of the last sentence of Rule 1
    of the Federal Rules of Civil Procedure. 2 Moore, Federal Practice
    1.13 (2d ed. 1980); 4 Wright & Miller, Federal Practice and
    Procedure-Civil Sec. 1029 (1969).
           NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT
      Title I of the Bankruptcy Amendments and Federal Judgeship Act of
    1984, Pub. L. No. 98-353, 98 Stat. 333 (hereinafter the 1984
    amendments), created a new bankruptcy judicial system in which the
    role of the district court was substantially increased. 28 U.S.C.
    Sec. 1334 confers on the United States district courts original and
    exclusive jurisdiction over all cases under title 11 of the United
    States Code and original but not exclusive jurisdiction over civil
    proceedings arising under title 11 and civil proceedings arising in
    or related to a case under title 11.
      Pursuant to 28 U.S.C. Sec. 157(a) the district court may but need
    not refer cases and proceedings within the district court's
    jurisdiction to the bankruptcy judges for the district.  Judgments
    or orders of the bankruptcy judges entered pursuant to 28 U.S.C.
    Sec. 157(b)(1) and (c)(2) are subject to appellate review by the
    district courts or bankruptcy appellate panels under 28 U.S.C. Sec.
    158(a).
      Rule 81(a)(1) F.R.Civ.P. provides that the civil rules do not
    apply to proceedings in bankruptcy, except as they may be made
    applicable by rules promulgated by the Supreme Court, e.g., Part
    VII of these rules.  This amended Bankruptcy Rule 1001 makes the
    Bankruptcy Rules applicable to cases and proceedings under title
    11, whether before the district judges or the bankruptcy judges of
    the district.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      The citation to these rules is amended to conform to the citation
    form of the Federal Rules of Civil Procedure, Federal Rules of
    Appellate Procedure, and Federal Rules of Criminal Procedure.
 
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    11 USC APPENDIX - BANKRUPTCY RULES PART I - COMMENCEMENT
                  OF CASE; PROCEEDINGS RELATING TO PETITION
                  AND ORDER FOR RELIEF                           01/23/00
 
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    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART I - COMMENCEMENT OF CASE; PROCEEDINGS RELATING TO PETITION AND
         ORDER FOR RELIEF
    .
 
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    PART I - COMMENCEMENT OF CASE; PROCEEDINGS RELATING TO PETITION AND
    ORDER FOR RELIEF
 
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    11 USC APPENDIX - BANKRUPTCY RULES Rule 1002                 01/23/00
 
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    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART I - COMMENCEMENT OF CASE; PROCEEDINGS RELATING TO PETITION AND
         ORDER FOR RELIEF
 
-HEAD-
    Rule 1002. Commencement of Case
 
-STATUTE-
    (a) Petition
      A petition commencing a case under the Code shall be filed with
    the clerk.
    (b) Transmission to United States Trustee
      The clerk shall forthwith transmit to the United States trustee a
    copy of the petition filed pursuant to subdivision (a) of this
    rule.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987; Apr. 30, 1991, eff.
    Aug. 1, 1991.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      Under Sec. 301-303 of the Code, a voluntary or involuntary case
    is commenced by filing a petition with the bankruptcy court.  The
    voluntary petition may request relief under chapter 7, 9, 11, or 13
    whereas an involuntary petition may be filed only under chapter 7
    or 11. Section 109 of the Code specifies the types of debtors for
    whom the different forms of relief are available and Sec. 303(a)
    indicates the persons against whom involuntary petitions may be
    filed.
      The rule in subdivision (a) is in harmony with the Code in that
    it requires the filing to be with the bankruptcy court.
      The number of copies of the petition to be filed is specified in
    this rule but a local rule may require additional copies.  This
    rule provides for filing sufficient copies for the court's files
    and for the trustee in a chapter 7 or 13 case.
      Official Form No. 1 may be used to seek relief voluntarily under
    any of the chapters.  Only the original need be signed and
    verified, but the copies must be conformed to the original.  See
    Rules 1008 and 9011(c). As provided in Sec. 362(a) of the Code, the
    filing of a petition acts as a stay of certain acts and proceedings
    against the debtor, property of the debtor, and property of the
    estate.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT
      Rules 1002(a), governing a voluntary petition, 1003(a), governing
    an involuntary petition, and 1003(e), governing a petition in a
    case ancillary to a foreign proceeding, are combined into this Rule 1002.
    If a bankruptcy clerk has been appointed for the district,
    the petition is filed with the bankruptcy clerk.  Otherwise, the
    petition is filed with the clerk of the district court.
      The elimination of the reference to the Official Forms of the
    petition is not intended to change the practice.  Rule 9009
    provides that the Official Forms ''shall be observed and used'' in
    cases and proceedings under the Code.
      Subdivision (b) which provided for the distribution of copies of
    the petition to agencies of the United States has been deleted.
    Some of these agencies no longer wish to receive copies of the
    petition, while others not included in subdivision (b) have now
    requested copies.  The Director of the Administrative Office will
    determine on an ongoing basis which government agencies will be
    provided a copy of the petition.
      The number of copies of a petition that must be filed is a matter
    for local rule.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      Subdivision (b) is derived from Rule X-1002(a). The duties of the
    United States trustee pursuant to the Code and 28 U.S.C. Sec.
    586(a) require that the United States trustee be apprised of the
    commencement of every case under chapters 7, 11, 12 and 13 and this
    is most easily accomplished by providing that office with a copy of
    the petition.  Although 28 U.S.C. Sec. 586(a) does not give the
    United States trustee an administrative role in chapter 9 cases,
    Sec. 1102 of the Code requires the United States trustee to appoint
    committees and that section is applicable in chapter 9 cases
    pursuant to Sec. 901(a). It is therefore appropriate that the
    United States trustee receive a copy of every chapter 9 petition.
      Notwithstanding subdivision (b), pursuant to Rule 5005(b)(3), the
    clerk is not required to transmit a copy of the petition to the
    United States trustee if the United States trustee requests that it
    not be transmitted.  Many rules require the clerk to transmit a
    certain document to the United States trustee, but Rule 5005(b)(3)
    relieves the clerk of that duty under this or any other rule if the
    United States trustee requests that such document not be
    transmitted.
 
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    11 USC APPENDIX - BANKRUPTCY RULES Rule 1003                 01/23/00
 
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    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART I - COMMENCEMENT OF CASE; PROCEEDINGS RELATING TO PETITION AND
         ORDER FOR RELIEF
 
-HEAD-
    Rule 1003. Involuntary Petition
 
-STATUTE-
    (a) Transferor or Transferee of Claim
      A transferor or transferee of a claim shall annex to the original
    and each copy of the petition a copy of all documents evidencing
    the transfer, whether transferred unconditionally, for security, or
    otherwise, and a signed statement that the claim was not
    transferred for the purpose of commencing the case and setting
    forth the consideration for and terms of the transfer.  An entity
    that has transferred or acquired a claim for the purpose of
    commencing a case for liquidation under chapter 7 or for
    reorganization under chapter 11 shall not be a qualified
    petitioner.
    (b) Joinder of Petitioners After Filing
      If the answer to an involuntary petition filed by fewer than
    three creditors avers the existence of 12 or more creditors, the
    debtor shall file with the answer a list of all creditors with
    their addresses, a brief statement of the nature of their claims,
    and the amounts thereof.  If it appears that there are 12 or more
    creditors as provided in Sec. 303(b) of the Code, the court shall
    afford a reasonable opportunity for other creditors to join in the
    petition before a hearing is held thereon.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      Subdivision (a). Official Form No. 11 (Involuntary Case:
    Creditors' Petition), is prescribed for use by petitioning
    creditors to have a debtor's assets liquidated under chapter 7 of
    the Code or the business reorganized under chapter 11. It contains
    the required allegations as specified in Sec. 303(b) of the Code.
    Official Form 12 is prescribed for use by fewer than all the
    general partners to obtain relief for the partnership as governed
    by Sec. 303(b)(3) of the Code and Rule 1004(b).
      Although the number of copies to be filed is specified in Rule
    1002, a local rule may require additional copies.
      Only the original need be signed and verified, but the copies
    must be conformed to the original.  See Rules 1008 and 9011(c). The
    petition must be filed with the bankruptcy court.  This provision
    implements Sec. 303(b) which provides that an involuntary case is
    commenced by filing the petition with the court.
      As provided in Sec. 362 of the Code, the filing of the petition
    acts as a stay of certain acts and proceedings against the debtor,
    the debtor's property and property of the estate.
      Subdivision (c) retains the explicitness of former Bankruptcy
    Rule 104(d) that a transfer of a claim for the purpose of
    commencing a case under the Code is a ground for disqualification
    of a party to the transfer as a petitioner.
      Section 303(b) ''is not intended to overrule Bankruptcy Rule
    104(d), which places certain restrictions on the transfer of claims
    for the purpose of commencing an involuntary case.'' House Report
    No. 95-595, 95th Cong., 1st Sess. (1977) 322; Senate Report No.
    95-989, 95th Cong., 2d Sess. (1978) 33.
      The subdivision requires disclosure of any transfer of the
    petitioner's claim as well as a transfer to the petitioner and
    applies to transfers for security as well as unconditional
    transfers, Cf. In re 69th & Crandon Bldg. Corp., 97 F.2d 392, 395
    (7th Cir.), cert. denied, 305 U.S. 629 (1938), recognizing the
    right of a creditor to sign a bankruptcy petition notwithstanding a
    prior assignment of his claim for the purpose of security.  This
    rule does not, however, qualify the requirement of Sec. 303(b)(1)
    that a petitioning creditor must have a claim not contingent as to
    liability.
      Subdivision (d). Section 303(c) of the Code permits a creditor to
    join in the petition at any time before the case is dismissed or
    relief is ordered.  While this rule does not require the court to
    give all creditors notice of the petition, the list of creditors
    filed by the debtor affords a petitioner the information needed to
    enable him to give notice for the purpose of obtaining the
    co-petitioners required to make the petition sufficient.  After a
    reasonable opportunity has been afforded other creditors to join in
    an involuntary petition, the hearing on the petition should be held
    without further delay.
      Subdivision (e). This subdivision implements Sec. 304. A petition
    for relief under Sec. 304 may only be filed by a foreign
    representative who is defined in Sec. 101(20) generally as a
    representative of an estate in a foreign proceeding.  The term
    ''foreign proceeding'' is defined in Sec. 101(19).
      Section 304(b) permits a petition filed thereunder to be
    contested by a party in interest.  Subdivision (e)(2) therefore
    requires that the summons and petition be served on any person
    against whom the relief permitted by Sec. 304(b) is sought as well
    as on any other party the court may direct.
      The rules applicable to the procedure when an involuntary
    petition is filed are made applicable generally when a case
    ancillary to a foreign proceeding is commenced.  These rules
    include Rule 1010 with respect to issuance and service of a
    summons, Rule 1011 concerning responsive pleadings and motions, and
    Rule 1018 which makes various rules in Part VII applicable in
    proceedings on contested petitions.
      The venue for a case ancillary to a foreign proceeding is
    provided in 28 U.S.C. Sec. 1474.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT
      The subject matter of subdivisions (a), (b), and (e) has been
    incorporated in Rules 1002, 1010, 1011, and 1018.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 1004                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART I - COMMENCEMENT OF CASE; PROCEEDINGS RELATING TO PETITION AND
         ORDER FOR RELIEF
 
-HEAD-
    Rule 1004. Partnership Petition
 
-STATUTE-
    (a) Voluntary Petition
      A voluntary petition may be filed on behalf of the partnership by
    one or more general partners if all general partners consent to the
    petition.
    (b) Involuntary Petition; Notice and Summons
      After filing of an involuntary petition under Sec. 303(b)(3) of
    the Code, (1) the petitioning partners or other petitioners shall
    cause forthwith a copy of the petition to be sent to or served on
    each general partner who is not a petitioner; and (2) the clerk
    shall issue forthwith a summons for service on each general partner
    who is not a petitioner.  Rule 1010 applies to the form and service
    of the summons.
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      This rule is adapted from former Bankruptcy Rule 105 and
    complements Sec. 301 and 303(b)(3) of the Code.
      Subdivision (a) specifies that while all general partners must
    consent to the filing of a voluntary petition, it is not necessary
    that they all execute the petition.  It may be executed and filed
    on behalf of the partnership by fewer than all.
      Subdivision (b) implements Sec. 303(b)(3) of the Code which
    provides that an involuntary petition may be filed by fewer than
    all the general partners or, when all the general partners are
    debtors, by a general partner, trustee of the partner or creditors
    of the partnership.  Rule 1010, which governs service of a petition
    and summons in an involuntary case, specifies the time and mode of
    service on the partnership.  When a petition is filed against a
    partnership under Sec. 303(b)(3), this rule requires an additional
    service on the nonfiling general partners.  It is the purpose of
    this subdivision to protect the interests of the nonpetitioning
    partners and the partnership.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 1005                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART I - COMMENCEMENT OF CASE; PROCEEDINGS RELATING TO PETITION AND
         ORDER FOR RELIEF
 
-HEAD-
    Rule 1005. Caption of Petition
 
-STATUTE-
      The caption of a petition commencing a case under the Code shall
    contain the name of the court, the title of the case, and the
    docket number.  The title of the case shall include the name,
    social security number and employer's tax identification number of
    the debtor and all other names used by the debtor within six years
    before filing the petition.  If the petition is not filed by the
    debtor, it shall include all names used by the debtor which are
    known to petitioners.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      The title of the case should include all names used by the
    debtor, such as trade names, former married names and maiden name.
    See also Official Form No. 1 and the Advisory Committee Note to
    that Form. Additional names of the debtor are also required to
    appear in the caption of each notice to creditors.  See Rule
    2002(m).
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 1006                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART I - COMMENCEMENT OF CASE; PROCEEDINGS RELATING TO PETITION AND
         ORDER FOR RELIEF
 
-HEAD-
    Rule 1006. Filing Fee
 
-STATUTE-
    (a) General Requirement
      Every petition shall be accompanied by the filing fee except as
    provided in subdivision (b) of this rule.  For the purpose of this
    rule, ''filing fee'' means the filing fee prescribed by 28 U.S.C.
    Sec. 1930(a)(1)-(a)(5) and any other fee prescribed by the Judicial
    Conference of the United States under 28 U.S.C. Sec. 1930(b) that
    is payable to the clerk upon the commencement of a case under the
    Code.
    (b) Payment of Filing Fee in Installments
      (1) Application for Permission to Pay Filing Fee in Installments.
    A voluntary petition by an individual shall be accepted for filing
    if accompanied by the debtor's signed application stating that the
    debtor is unable to pay the filing fee except in installments.  The
    application shall state the proposed terms of the installment
    payments and that the applicant has neither paid any money nor
    transferred any property to an attorney for services in connection
    with the case.
      (2) Action on Application. Prior to the meeting of creditors, the
    court may order the filing fee paid to the clerk or grant leave to
    pay in installments and fix the number, amount and dates of
    payment.  The number of installments shall not exceed four, and the
    final installment shall be payable not later than 120 days after
    filing the petition.  For cause shown, the court may extend the
    time of any installment, provided the last installment is paid not
    later than 180 days after filing the petition.
      (3) Postponement of Attorney's Fees. The filing fee must be paid
    in full before the debtor or chapter 13 trustee may pay an attorney
    or any other person who renders services to the debtor in
    connection with the case.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987; Apr. 23, 1996, eff.
    Dec. 1, 1996.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      28 U.S.C. Sec. 1930 specifies the filing fees for petitions under
    chapters 7, 9, 11 and 13 of the Code. It also permits the payment
    in installments by individual debtors.
      Subdivision (b) is adapted from former Bankruptcy Rule 107. The
    administrative cost of installments in excess of four is
    disproportionate to the benefits conferred.  Prolonging the period
    beyond 180 days after the commencement of the case causes
    undesirable delays in administration.  Paragraph (2) accordingly
    continues the imposition of a maximum of four on the number of
    installments and retains the maximum period of installment payments
    allowable on an original application at 120 days.  Only in
    extraordinary cases should it be necessary to give an applicant an
    extension beyond the four months.  The requirement of paragraph (3)
    that filing fees be paid in full before the debtor may pay an
    attorney for services in connection with the case codifies the rule
    declared in In re Latham, 271 Fed. 538 (N.D.N.Y. 1921), and In re
    Darr, 232 Fed. 415 (N.D. Cal. 1916).
           NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT
      Subdivision (b)(3) is expanded to prohibit payments by the debtor
    or the chapter 13 trustee not only to attorneys but to any person
    who renders services to the debtor in connection with the case.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1996 AMENDMENT
      The Judicial Conference prescribes miscellaneous fees pursuant to
    28 U.S.C. Sec. 1930(b). In 1992, a $30 miscellaneous administrative
    fee was prescribed for all chapter 7 and chapter 13 cases.  The
    Judicial Conference fee schedule was amended in 1993 to provide
    that an individual debtor may pay this fee in installments.
      Subdivision (a) of this rule is amended to clarify that every
    petition must be accompanied by any fee prescribed under 28 U.S.C.
    Sec. 1930(b) that is required to be paid when a petition is filed,
    as well as the filing fee prescribed by 28 U.S.C. Sec. 1930(a). By
    defining ''filing fee'' to include Judicial Conference fees, the
    procedures set forth in subdivision (b) for paying the filing fee
    in installments will also apply with respect to any Judicial
    Conference fee required to be paid at the commencement of the case.
      GAP Report on Rule 1006. No changes since publication, except for
    a stylistic change in subdivision (a).

-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 1007                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART I - COMMENCEMENT OF CASE; PROCEEDINGS RELATING TO PETITION AND
         ORDER FOR RELIEF
 
-HEAD-
    Rule 1007. Lists, Schedules, and Statements; Time Limits
 
-STATUTE-
    (a) List of Creditors and Equity Security Holders
      (1) Voluntary Case. In a voluntary case, the debtor shall file
    with the petition a list containing the name and address of each
    creditor unless the petition is accompanied by a schedule of
    liabilities.
      (2) Involuntary Case. In an involuntary case, the debtor shall
    file within 15 days after entry of the order for relief, a list
    containing the name and address of each creditor unless a schedule
    of liabilities has been filed.
      (3) Equity Security Holders. In a chapter 11 reorganization case,
    unless the court orders otherwise, the debtor shall file within 15
    days after entry of the order for relief a list of the debtor's
    equity security holders of each class showing the number and kind
    of interests registered in the name of each holder, and the last
    known address or place of business of each holder.
      (4) Extension of Time. Any extension of time for the filing of
    the lists required by this subdivision may be granted only on
    motion for cause shown and on notice to the United States trustee
    and to any trustee, committee elected pursuant to Sec. 705 or
    appointed pursuant to Sec. 1102 of the Code, or other party as the
    court may direct.
    (b) Schedules and Statements Required
      (1) Except in a chapter 9 municipality case, the debtor, unless
    the court orders otherwise, shall file schedules of assets and
    liabilities, a schedule of current income and expenditures, a
    schedule of executory contracts and unexpired leases, and a
    statement of financial affairs, prepared as prescribed by the
    appropriate Official Forms.
      (2) An individual debtor in a chapter 7 case shall file a
    statement of intention as required by Sec. 521(2) of the Code,
    prepared as prescribed by the appropriate Official Form. A copy of
    the statement of intention shall be served on the trustee and the
    creditors named in the statement on or before the filing of the
    statement.
    (c) Time Limits
      The schedules and statements, other than the statement of
    intention, shall be filed with the petition in a voluntary case, or
    if the petition is accompanied by a list of all the debtor's
    creditors and their addresses, within 15 days thereafter, except as
    otherwise provided in subdivisions (d), (e), and (h) of this rule.
    In an involuntary case the schedules and statements, other than the
    statement of intention, shall be filed by the debtor within 15 days
    after entry of the order for relief.  Schedules and statements
    filed prior to the conversion of a case to another chapter shall be
    deemed filed in the converted case unless the court directs
    otherwise.  Any extension of time for the filing of the schedules
    and statements may be granted only on motion for cause shown and on
    notice to the United States trustee and to any committee elected
    under Sec. 705 or appointed under Sec. 1102 of the Code, trustee,
    examiner, or other party as the court may direct.  Notice of an
    extension shall be given to the United States trustee and to any
    committee, trustee, or other party as the court may direct.
    (d) List of 20 Largest Creditors in Chapter 9 Municipality Case or
        Chapter 11 Reorganization Case
      In addition to the list required by subdivision (a) of this rule,
    a debtor in a chapter 9 municipality case or a debtor in a
    voluntary chapter 11 reorganization case shall file with the
    petition a list containing the name, address and claim of the
    creditors that hold the 20 largest unsecured claims, excluding
    insiders, as prescribed by the appropriate Official Form. In an
    involuntary chapter 11 reorganization case, such list shall be
    filed by the debtor within 2 days after entry of the order for
    relief under Sec. 303(h) of the Code.
    (e) List in Chapter 9 Municipality Cases
      The list required by subdivision (a) of this rule shall be filed
    by the debtor in a chapter 9 municipality case within such time as
    the court shall fix.  If a proposed plan requires a revision of
    assessments so that the proportion of special assessments or
    special taxes to be assessed against some real property will be
    different from the proportion in effect at the date the petition is
    filed, the debtor shall also file a list showing the name and
    address of each known holder of title, legal or equitable, to real
    property adversely affected.  On motion for cause shown, the court
    may modify the requirements of this subdivision and subdivision (a)
    of this rule.
    (f) (Abrogated)
    (g) Partnership and Partners
      The general partners of a debtor partnership shall prepare and
    file the schedules of the assets and liabilities, schedule of
    current income and expenditures, schedule of executory contracts
    and unexpired leases, and statement of financial affairs of the
    partnership.  The court may order any general partner to file a
    statement of personal assets and liabilities within such time as
    the court may fix.
    (h) Interests Acquired or Arising After Petition
      If, as provided by Sec. 541(a)(5) of the Code, the debtor
    acquires or becomes entitled to acquire any interest in property,
    the debtor shall within 10 days after the information comes to the
    debtor's knowledge or within such further time the court may allow,
    file a supplemental schedule in the chapter 7 liquidation case,
    chapter 11 reorganization case, chapter 12 family farmer's debt
    adjustment case, or chapter 13 individual debt adjustment case.  If
    any of the property required to be reported under this subdivision
    is claimed by the debtor as exempt, the debtor shall claim the
    exemptions in the supplemental schedule.  The duty to file a
    supplemental schedule in accordance with this subdivision continues
    notwithstanding the closing of the case, except that the schedule
    need not be filed in a chapter 11, chapter 12, or chapter 13 case
    with respect to property acquired after entry of the order
    confirming a chapter 11 plan or discharging the debtor in a chapter
    12 or chapter 13 case.
    (i) Disclosure of List of Security Holders
      After notice and hearing and for cause shown, the court may
    direct an entity other than the debtor or trustee to disclose any
    list of security holders of the debtor in its possession or under
    its control, indicating the name, address and security held by any
    of them.  The entity possessing this list may be required either to
    produce the list or a true copy thereof, or permit inspection or
    copying, or otherwise disclose the information contained on the
    list.
    (j) Impounding of Lists
      On motion of a party in interest and for cause shown the court
    may direct the impounding of the lists filed under this rule, and
    may refuse to permit inspection by any entity.  The court may
    permit inspection or use of the lists, however, by any party in
    interest on terms prescribed by the court.
    (k) Preparation of List, Schedules, or Statements on Default of
        Debtor
      If a list, schedule, or statement, other than a statement of
    intention, is not prepared and filed as required by this rule, the
    court may order the trustee, a petitioning creditor, committee, or
    other party to prepare and file any of these papers within a time
    fixed by the court.  The court may approve reimbursement of the
    cost incurred in complying with such an order as an administrative
    expense.
    (l) Transmission to United States Trustee
      The clerk shall forthwith transmit to the United States trustee a
    copy of every list, schedule, and statement filed pursuant to
    subdivision (a)(1), (a)(2), (b), (d), or (h) of this rule.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987; Apr. 30, 1991, eff.
    Aug. 1, 1991; Apr. 23, 1996, eff.  Dec. 1, 1996.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      This rule is an adaptation of former Rules 108, 8-106, 10-108 and
    11-11. As specified in the rule, it is applicable in all types of
    cases filed under the Code.
      Subdivision (a) requires at least a list of creditors with their
    names and addresses to be filed with the petition.  This list is
    needed for notice of the meeting of creditors (Rule 2002) and
    notice of the order for relief (Sec. 342 of the Code). The list
    will also serve to meet the requirements of Sec. 521(1) of the
    Code. Subdivision (a) recognizes that it may be impossible to file
    the schedules required by Sec. 521(1) and subdivision (b) of the
    rule at the time the petition is filed but in order for the case to
    proceed expeditiously and efficiently it is necessary that the
    clerk have the names and addresses of creditors.  It should be
    noted that subdivision (d) of the rule requires a special list of
    the 20 largest unsecured creditors in chapter 9 and 11 cases.  That
    list is for the purpose of selecting a committee of unsecured
    creditors.
      Subdivision (b) is derived from former Rule 11-11 and conforms
    with Sec. 521. This subdivision indicates the forms to be used.
    The court may dispense with the filing of schedules and the
    statement of affairs pursuant to Sec. 521.
      Subdivisions (c) and (f) specify the time periods for filing the
    papers required by the rule as well as the number of copies.  The
    provisions dealing with an involuntary case are derived from former
    Bankruptcy Rule 108. Under the Code, a chapter 11 case may be
    commenced by an involuntary petition (Sec. 303(a)), whereas under
    the Act, a Chapter XI case could have been commenced only by a
    voluntary petition.  A motion for an extension of time to file the
    schedules and statements is required to be made on notice to
    parties, as the court may direct, including a creditors' committee
    if one has been appointed under Sec. 1102 of the Code and a trustee
    or examiner if one has been appointed pursuant to Sec. 1104 of the
    Code. Although written notice is preferable, it is not required by
    the rule; in proper circumstances the notice may be by telephone or
    otherwise.
      Subdivision (d) is new and requires that a list of the 20 largest
    unsecured creditors, excluding insiders as defined in Sec. 101(25)
    of the Code, be filed with the petition.  The court, pursuant to
    Sec. 1102 of the Code, is required to appoint a committee of
    unsecured creditors as soon as practicable after the order for
    relief.  That committee generally is to consist of the seven
    largest unsecured creditors who are willing to serve.  The list
    should, as indicated on Official Form No. 9, specify the nature and
    amount of the claim.  It is important for the court to be aware of
    the different types of claims existing in the case and this form
    should supply such information.
      Subdivision (e) applies only in chapter 9 municipality cases.  It
    gives greater discretion to the court to determine the time for
    filing a list of creditors and any other matter related to the
    list.  A list of creditors must at some point be filed since one is
    required by Sec. 924 of the Code. When the plan affects special
    assessments, the definitions in Sec. 902(2) and (3) for ''special
    tax payer'' and ''special tax payer affected by the plan'' become
    relevant.
      Subdivision (g) is derived from former Rules 108(c) and 11-11.
    Nondebtor general partners are liable to the partnership's trustee
    for any deficiency in the partnership's estate to pay creditors in
    full as provided by Sec. 723 of the Code. Subdivision (g)
    authorizes the court to require a partner to file a statement of
    personal assets and liabilities to provide the trustee with the
    relevant information.
      Subdivision (h) is derived from former Bankruptcy Rule 108(e) for
    chapter 7, 11 and 13 purposes.  It implements the provisions in and
    language of Sec. 541(a)(5) of the Code.
      Subdivisions (i) and (j) are adapted from Sec. 165 and 166 of the
    Act and former Rule 10-108(b) and (c) without change in substance.
    The term ''party in interest'' is not defined in the Code or the
    rules, but reference may be made to Sec. 1109(b) of the Code. In
    the context of this subdivision, the term would include the debtor,
    the trustee, any indenture trustee, creditor, equity security
    holder or committee appointed pursuant to Sec. 1102 of the Code.
      Subdivision (k) is derived from former Rules 108(d) and
    10-108(a).
           NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT
      Subdivisions (b), (c), and (g) are amended to provide for the
    filing of a schedule of current income and current expenditures and
    the individual debtor's statement of intention.  These documents
    are required by the 1984 amendments to Sec. 521 of the Code.
    Official Form No. 6A is prescribed for use by an individual debtor
    for filing a schedule of current income and current expenditures in
    a chapter 7 or chapter 11 case.  Although a partnership or
    corporation is also required by Sec. 521(1) to file a schedule of
    current income and current expenditures, no Official Form is
    prescribed therefor.
      The time for filing the statement of intention is governed by
    Sec. 521(2)(A). A copy of the statement of intention must be served
    on the trustee and the creditors named in the statement within the
    same time.  The provisions of subdivision (c) governing the time
    for filing when a chapter 11 or chapter 13 case is converted to a
    chapter 7 case have been omitted from subdivision (c) as amended.
    Filing after conversion is now governed exclusively by Rule 1019.
      Subdivision (f) has been abrogated.  The number of copies of the
    documents required by this rule will be determined by local rule.
      Subdivision (h) is amended to include a direct reference to Sec.
    541(a)(5).
      Subdivision (k) provides that the court may not order an entity
    other than the debtor to prepare and file the statement of
    intention.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      References to Official Form numbers and to the Chapter 13
    Statement are deleted and subdivision (b) is amended in
    anticipation of future revision and renumbering of the Official
    Forms. The debtor in a chapter 12 or chapter 13 case shall file the
    list, schedules and statements required in subdivisions (a)(1),
    (b)(1), and (h). It is expected that the information currently
    provided in the Chapter 13 Statement will be included in the
    schedules and statements as revised not later than the effective
    date of these rule amendments.
      Subdivisions (a)(4) and (c) are amended to provide the United
    States trustee with notice of any motion to extend the time for the
    filing of any lists, schedules, or statements.  Such notice enables
    the United States trustee to take appropriate steps to avoid undue
    delay in the administration of the case.  See 28 U.S.C. Sec.
    586(a)(3)(G). Subdivisions (a)(4) and (c) are amended further to
    provide notice to committees elected under Sec. 705 or appointed
    pursuant to Sec. 1102 of the Code. Committees of retired employees
    appointed pursuant to Sec. 1114 are not included.
      The additions of references to unexpired leases in subdivisions
    (b)(1) and (g) indicate that the schedule requires the inclusion of
    unexpired leases as well as other executory contracts.
      The words ''with the court'' in subdivisions (b)(1), (e), and (g)
    are deleted as unnecessary.  See Rules 5005(a) and 9001(3).
      Subdivision (l), which is derived from Rule X-1002(a), provides
    the United States trustee with the information required to perform
    certain administrative duties such as the appointment of a
    committee of unsecured creditors.  In a chapter 7 case, the United
    States trustee should be aware of the debtor's intention with
    respect to collateral that secures a consumer debt so that the
    United States trustee may monitor the progress of the case.
    Pursuant to Sec. 307 of the Code, the United States trustee has
    standing to raise, appear and be heard on issues and the lists,
    schedules and statements contain information that, when provided to
    the United States trustee, enable that office to participate
    effectively in the case.  The United States trustee has standing to
    move to dismiss a chapter 7 or 13 case for failure to file timely
    the list, schedules or statement required by Sec. 521(1) of the
    Code. See Sec. 707(a)(3) and 1307(c)(9). It is therefore necessary
    for the United States trustee to receive notice of any extension of
    time to file such documents.  Upon request, the United States
    trustee also may receive from the trustee or debtor in possession a
    list of equity security holders.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1996 AMENDMENT
      Subdivision (c) is amended to provide that schedules and
    statements filed prior to the conversion of a case to another
    chapter shall be deemed filed in the converted case, whether or not
    the case was a chapter 7 case prior to conversion.  This amendment
    is in recognition of the 1991 amendments to the Official Forms that
    abrogated the Chapter 13 Statement and made the same forms for
    schedules and statements applicable in all cases.
      This subdivision also contains a technical correction.  The
    phrase ''superseded case'' creates the erroneous impression that
    conversion of a case results in a new case that is distinct from
    the original case.  The effect of conversion of a case is governed
    by Sec. 348 of the Code.
      GAP Report on Rule 1007(c). No changes since publication, except
    for stylistic changes.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 1008                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART I - COMMENCEMENT OF CASE; PROCEEDINGS RELATING TO PETITION AND
         ORDER FOR RELIEF
 
-HEAD-
    Rule 1008. Verification of Petitions and Accompanying Papers
 
-STATUTE-
      All petitions, lists, schedules, statements and amendments
    thereto shall be verified or contain an unsworn declaration as
    provided in 28 U.S.C. Sec. 1746.
 
-SOURCE-
    (As amended Apr. 30, 1991, eff.  Aug. 1, 1991.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      This rule retains the requirement under the Bankruptcy Act and
    rules that petitions and accompanying papers must be verified.
    Only the original need be signed and verified, but the copies must
    be conformed to the original.  See Rule 9011(c).
      The verification may be replaced by an unsworn declaration as
    provided in 28 U.S.C. Sec. 1746. See also, Official Form No. 1 and
    Advisory Committee Note.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      The amendments to this rule are stylistic.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 1009                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART I - COMMENCEMENT OF CASE; PROCEEDINGS RELATING TO PETITION AND
         ORDER FOR RELIEF
 
-HEAD-
    Rule 1009. Amendments of Voluntary Petitions, Lists, Schedules and
        Statements
 
-STATUTE-
    (a) General Right To Amend
      A voluntary petition, list, schedule, or statement may be amended
    by the debtor as a matter of course at any time before the case is
    closed.  The debtor shall give notice of the amendment to the
    trustee and to any entity affected thereby.  On motion of a party
    in interest, after notice and a hearing, the court may order any
    voluntary petition, list, schedule, or statement to be amended and
    the clerk shall give notice of the amendment to entities designated
    by the court.
    (b) Statement of Intention
      The statement of intention may be amended by the debtor at any
    time before the expiration of the period provided in Sec. 521(2)(B)
    of the Code. The debtor shall give notice of the amendment to the
    trustee and to any entity affected thereby.
    (c) Transmission to United States Trustee
      The clerk shall forthwith transmit to the United States trustee a
    copy of every amendment filed pursuant to subdivision (a) or (b) of
    this rule.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987; Apr. 30, 1991, eff.
    Aug. 1, 1991.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      This rule continues the permissive approach adopted by former
    Bankruptcy Rule 110 to amendments of voluntary petitions and
    accompanying papers.  Notice of any amendment is required to be
    given to the trustee.  This is particularly important with respect
    to any amendment of the schedule of property affecting the debtor's
    claim of exemptions.  Notice of any amendment of the schedule of
    liabilities is to be given to any creditor whose claim is changed
    or newly listed.
      The rule does not continue the provision permitting the court to
    order an amendment on its own initiative.  Absent a request in some
    form by a party in interest, the court should not be involved in
    administrative matters affecting the estate.
      If a list or schedule is amended to include an additional
    creditor, the effect on the dischargeability of the creditor's
    claim is governed by the provisions of Sec. 523(a)(3) of the Code.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT
      Subdivision (a) is amended to require notice and a hearing in the
    event a party in interest other than the debtor seeks to amend.
    The number of copies of the amendment will be determined by local
    rule of court.
      Subdivision (b) is added to treat amendments of the statement of
    intention separately from other amendments.  The intention of the
    individual debtor must be performed within 45 days of the filing of
    the statement, unless the court extends the period.  Subdivision
    (b) limits the time for amendment to the time for performance under
    Sec. 521(2)(B) of the Code or any extension granted by the court.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      The amendments to subdivision (a) are stylistic.
      Subdivision (c) is derived from Rule X-1002(a) and is designed to
    provide the United States trustee with current information to
    enable that office to participate effectively in the case.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 1010                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART I - COMMENCEMENT OF CASE; PROCEEDINGS RELATING TO PETITION AND
         ORDER FOR RELIEF
 
-HEAD-
    Rule 1010. Service of Involuntary Petition and Summons; Petition
        Commencing Ancillary Case
 
-STATUTE-
      On the filing of an involuntary petition or a petition commencing
    a case ancillary to a foreign proceeding the clerk shall forthwith
    issue a summons for service.  When an involuntary petition is
    filed, service shall be made on the debtor.  When a petition
    commencing an ancillary case is filed, service shall be made on the
    parties against whom relief is sought pursuant to Sec. 304(b) of
    the Code and on any other parties as the court may direct.  The
    summons shall be served with a copy of the petition in the manner
    provided for service of a summons and complaint by Rule 7004(a) or
    (b). If service cannot be so made, the court may order that the
    summons and petition be served by mailing copies to the party's
    last known address, and by at least one publication in a manner and
    form directed by the court.  The summons and petition may be served
    on the party anywhere.  Rule 7004(e) and Rule 4(l) F.R.Civ.P. apply
    when service is made or attempted under this rule.
 
-SOURCE-
    (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.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      This rule provides the procedure for service of the involuntary
    petition and summons.  It does not deal with service of a summons
    and complaint instituting an adversary proceeding pursuant to Part
    VII.
      While this rule is similar to former Bankruptcy Rule 111, it
    substitutes the clerk of the bankruptcy court for the clerk of the
    district court as the person who is to issue the summons.
      The modes of service prescribed by the rule are personal or by
    mail, when service can be effected in one of these ways in the
    United States. Such service is to be made in the manner prescribed
    in adversary proceedings by Rule 7004(a) and (b). If service must
    be made in a foreign country, the mode of service is one of that
    set forth in Rule 4(i) F.R.Civ.P.
      When the methods set out in Rule 7004(a) and (b) cannot be
    utilized, service by publication coupled with mailing to the last
    known address is authorized.  Cf. Rule 7004(c). The court
    determines the form and manner of publication as provided in 
    Rule 9007. The publication need not set out the petition or the order
    directing service by publication.  In order to apprise the debtor
    fairly, however, the publication should include all the information
    required to be in the summons by Official Form No. 13 and a notice
    indicating how service is being effected and how a copy of the
    petition may be obtained.
      There are no territorial limits on the service authorized by this
    rule, which continues the practice under the former rules and Act.
    There must, however, be a basis for jurisdiction pursuant to Sec.
    109(a) of the Code for the court to order relief.  Venue provisions
    are set forth in 28 U.S.C. Sec. 1472.
      Subdivision (f) of Rule 7004 and subdivisions (g) and (h) of Rule 4
    F.R.Civ.P. govern time and proof of service and amendment of
    process or of proof of service.
      Rule 1004 provides for transmission to nonpetitioning partners of
    a petition filed against the partnership by fewer than all the
    general partners.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT
      The rule has been broadened to include service of a petition
    commencing a case ancillary to a foreign proceeding, previously
    included in Rule 1003(e)(2).
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      Reference to the Official Form number is deleted in anticipation
    of future revision and renumbering of the Official Forms.
      Rule 4(g) and (h) F.R.Civ.P. made applicable by this rule refers
    to Rule 4(g) and (h) F.R.Civ.P. in effect on January 1, 1990,
    notwithstanding any subsequent amendment thereto.  See 
    Rule 7004(g).
           NOTES OF ADVISORY COMMITTEE ON RULES - 1993 AMENDMENT
      This rule is amended to delete the reference to the Official
    Form. The Official Form for the summons was abrogated in 1991.
    Other amendments are stylistic and make no substantive change.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1997 AMENDMENT
      The amendments to this rule are technical, are promulgated solely
    to conform to changes in subdivision designations in Rule 4,
    F.R.Civ.P., and in Rule 7004, and are not intended to effectuate
    any material change in substance.
      In 1996, the letter designation of subdivision (f) of Rule 7004
    (Summons; Time Limit for Service) was changed to subdivision (e).
    In 1993, the provisions of Rule 4, F.R.Civ.P., relating to proof of
    service contained in Rule 4(g) (Return) and Rule 4(h) (Amendments),
    were placed in the new subdivision (l) of Rule 4 (Proof of
    Service). The technical amendments to Rule 1010 are designed solely
    to conform to these new subdivision designations.
      The 1996 amendments to Rule 7004 and the 1993 amendments to Rule 4, 
    F.R.Civ.P., have not affected the availability of service by
    first class mail in accordance with Rule 7004(b) for the service of
    a summons and petition in an involuntary case commenced under Sec.
    303 or an ancillary case commenced under Sec. 304 of the Code.
      GAP Report on Rule 1010. These amendments, which are technical
    and conforming, were not published for comment.
 
-REFTEXT-
                             REFERENCES IN TEXT
      The Federal Rules of Civil Procedure, referred to in text, are
    set out in the Appendix to Title 28, Judiciary and Judicial
    Procedure.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 1011                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART I - COMMENCEMENT OF CASE; PROCEEDINGS RELATING TO PETITION AND
         ORDER FOR RELIEF
 
-HEAD-
    Rule 1011. Responsive Pleading or Motion in Involuntary and
        Ancillary Cases
 
-STATUTE-
    (a) Who May Contest Petition
      The debtor named in an involuntary petition or a party in
    interest to a petition commencing a case ancillary to a foreign
    proceeding may contest the petition.  In the case of a petition
    against a partnership under Rule 1004(b), 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 20 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.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      This rule is derived from former Bankruptcy Rule 112. A petition
    filed by fewer than all the general partners under Rule 1004(b) to
    have an order for relief entered with respect to the partnership is
    referred to as a petition against the partnership because of the
    adversary character of the proceeding it commences.  Cf. Sec.
    303(b)(3) of the Code; 2 Collier Bankruptcy 303.05(5)(a) (15th ed.
    1981); 2 id. 18.33(2), 18.46 (14th ed. 1966). One who denies an
    allegation of membership in the firm is nevertheless recognized as
    a party entitled to contest a petition filed against a partnership
    under subdivision (b) of Rule 1004 in view of the possible
    consequences to him of an order for relief against the entity
    alleged to include him as a member.  See Sec. 723 of the Code;
    Francis v.  McNeal, 228 U.S. 695 (1913); Manson v.  Williams, 213
    U.S. 453 (1909); Carter v.  Whisler, 275 Fed. 743, 746-747 (8th
    Cir. 1921). The rule preserves the features of the former Act and
    Rule 112 and the Code permitting no response by creditors to an
    involuntary petition or petition against a partnership under Rule
    1004(b).
      Subdivision (b): Rule 12 F.R.Civ.P. has been looked to by the
    courts as prescribing the mode of making a defense or objection to
    a petition in bankruptcy.  See Fada of New York, Inc. v.
    Organization Service Co., Inc., 125 F.2d 120. (2d Cir. 1942); In
    the Matter of McDougald, 17 F.R.D. 2, 5 (W.D. Ark. 1955); In the
    Matter of Miller, 6 Fed. Rules Serv. 12f.26, Case No. 1 (N.D. Ohio
    1942); Tatum v.  Acadian Production Corp. of La., 35 F. Supp. 40,
    50 (E.D. La. 1940); 2 Collier, supra 303.07 (15th ed. 1981); 2 id.
    at 134-40 (14th ed. 1966). As pointed out in the Note accompanying
    former Bankruptcy Rule 915 an objection that a debtor is neither
    entitled to the benefits of the Code nor amenable to an involuntary
    petition goes to jurisdiction of the subject matter and may be made
    at any time consistent with Rule 12(h)(3) F.R.Civ.P. Nothing in
    this rule recognizes standing in a creditor or any other person not
    authorized to contest a petition to raise an objection that a
    person eligible to file a voluntary petition cannot be the subject
    of an order for relief on an involuntary petition.  See Seligson &
    King, Jurisdiction and Venue in Bankruptcy, 36 Ref.J. 36, 38-40
    (1962).
      As Collier has pointed out with respect to the Bankruptcy Act,
    ''the mechanics of the provisions in Sec. 18a and b relating to
    time for appearance and pleading are unnecessarily confusing. . . .
    It would seem, though, to be more straightforward to provide, as
    does Federal Rule 12(a), that the time to respond runs from the
    date of service rather than the date of issuance of process.'' 2
    Collier, supra at 119. The time normally allowed for the service
    and filing of an answer or motion under Rule 1011 runs from the
    date of the issuance of the summons.  Compare Rule 7012. Service of
    the summons and petition will ordinarily be made by mail under 
    Rule 1010 and must be made within 10 days of the issuance of the summons
    under Rule 7004(e), which governs the time of service.  When
    service is made by publication, the court should fix the time for
    service and filing of the response in the light of all the
    circumstances so as to afford a fair opportunity to the debtor to
    enter a defense or objection without unduly delaying the hearing on
    the petition.  Cf. Rule 12(a) F.R.Civ.P.
      Subdivision (c): Under subdivision (c), the timely service of a
    motion permitted by Rule 12(b), (e), (f), or (h) F.R.Civ.P. alters
    the time within which an answer must be filed.  If the court denies
    a motion or postpones its disposition until trial on the merits,
    the answer must be served within 10 days after notice of the
    court's action.  If the court grants a motion for a more definite
    statement, the answer may be served any time within 10 days after
    the service of the more definite statement.
      Many of the rules governing adversary proceedings apply to
    proceedings on a contested petition unless the court otherwise
    directs as provided in Rule 1018. The specific provisions of this
    Rule 1011 or 7005, however, govern the filing of an answer or
    motion responsive to a petition.  The rules of Part VII are
    adaptations of the corresponding Federal Rules of Civil Procedure,
    and the effect of Rule 1018 is thus to make the provisions of Civil
    Rules 5, 8, 9, 15, and 56, inter alia, generally applicable to the
    making of defenses and objections to the petition.  Rule 1018
    follows prior law and practice in this respect.  See 2 Collier,
    Bankruptcy 18.39-18.41 (14th ed. 1966).
      Subdivision (d). This subdivision adopts the position taken in
    many cases that an affirmative judgment against a petitioning
    creditor cannot be sought by a counterclaim filed in an answer to
    an involuntary petition.  See, e.g., Georgia Jewelers, Inc. v.
    Bulova Watch Co., 302 F.2d 362, 369-70 (5th Cir. 1962); Associated
    Electronic Supply Co. of Omaha v.  C.B.S. Electronic Sales Corp.,
    288 F.2d 683, 684-85 (8th Cir. 1961). The subdivision follows
    Harris v.  Capehart-Farnsworth Corp., 225 F.2d 268 (8th Cir. 1955),
    in permitting the debtor to challenge the standing of a petitioner
    by filing a counterclaim against him.  It does not foreclose the
    court from rejecting a counterclaim that cannot be determined
    without unduly delaying the decision upon the petition.  See In the
    Matter of Bichel Optical Laboratories, Inc., 299 F. Supp. 545 (D.
    Minn. 1969).
      Subdivision (e). This subdivision makes it clear that no reply
    needs to be made to an answer, including one asserting a
    counterclaim, unless the court orders otherwise.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT
      The rule has been broadened to make applicable in ancillary cases
    the provisions concerning responsive pleadings to involuntary
    petitions.
 
-REFTEXT-
                             REFERENCES IN TEXT
      The Federal Rules of Civil Procedure, referred to in subds. (b)
    and (c), are set out in the Appendix to Title 28, Judiciary and
    Judicial Procedure.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES (Rule 1012                01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART I - COMMENCEMENT OF CASE; PROCEEDINGS RELATING TO PETITION AND
         ORDER FOR RELIEF
 
-HEAD-
    (Rule 1012. Examination of Debtor, Including Discovery, on Issue of
        Nonpayment of Debts in Involuntary Cases.) (Abrogated Mar. 30,
        1987, eff.  Aug. 1, 1987)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1987
      This rule is abrogated.  The discovery rules apply whenever an
    involuntary petition is contested.  Rule 1018.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 1013                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART I - COMMENCEMENT OF CASE; PROCEEDINGS RELATING TO PETITION AND
         ORDER FOR RELIEF
 
-HEAD-
    Rule 1013. Hearing and Disposition of a Petition in an Involuntary
        Case
 
-STATUTE-
    (a) Contested Petition
      The court shall determine the issues of a contested petition at
    the earliest practicable time and forthwith enter an order for
    relief, dismiss the petition, or enter any other appropriate order.
    (b) Default
      If no pleading or other defense to a petition is filed within the
    time provided by Rule 1011, the court, on the next day, or as soon
    thereafter as practicable, shall enter an order for the relief
    requested in the petition.
    ((c) Order for Relief) (Abrogated Apr. 22, 1993, eff.  Aug. 1,
        1993)
 
-SOURCE-
    (As amended Apr. 30, 1991, eff.  Aug. 1, 1991; Apr. 22, 1993, eff.
    Aug. 1, 1993.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      This rule is adapted from former Bankruptcy Rule 115(a) and (c)
    and applies in chapter 7 and 11 cases.  The right to trial by jury
    under Sec. 19a of the Bankruptcy Act has been abrogated and the
    availability of a trial by jury is within the discretion of the
    bankruptcy judge pursuant to 28 U.S.C. Sec. 1480(b). Rule 9015
    governs the demand for a jury trial.
      Subdivision (b) of Rule 1013 is derived from former Bankruptcy
    Rule 115(c) and Sec. 18(e) of the Bankruptcy Act. If an order for
    relief is not entered on default, dismissal will ordinarily be
    appropriate but the court may postpone definitive action.  See also
    Rule 9024 with respect to setting aside an order for relief on
    default for cause.
      Subdivision (e) of former Bankruptcy Rule 115 has not been
    carried over because its provisions are covered by Sec. 303(i) of
    the Code.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      Reference to the Official Form number is deleted in anticipation
    of future revision and renumbering of the Official Forms.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1993 AMENDMENT
      Subdivision (c) is abrogated because the official form for the
    order for relief was abrogated in 1991. Other amendments are
    stylistic and make no substantive change.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 1014                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART I - COMMENCEMENT OF CASE; PROCEEDINGS RELATING TO PETITION AND
         ORDER FOR RELIEF
 
-HEAD-
    Rule 1014. Dismissal and Change of Venue
 
-STATUTE-
    (a) Dismissal and Transfer of Cases
      (1) Cases Filed in Proper District. If a petition is filed in a
    proper district, on timely motion of a party in interest, and after
    hearing on notice to the petitioners, the United States trustee,
    and other entities as directed by the court, the case may be
    transferred to any other district if the court determines that the
    transfer is in the interest of justice or for the convenience of
    the parties.
      (2) Cases Filed in Improper District. If a petition is filed in
    an improper district, on timely motion of a party in interest and
    after hearing on notice to the petitioners, the United States
    trustee, and other entities as directed by the court, the case may
    be dismissed or transferred to any other district if the court
    determines that transfer is in the interest of justice or for the
    convenience of the parties.
    (b) Procedure When Petitions Involving the Same Debtor or Related
        Debtors Are Filed in Different Courts
      If petitions commencing cases under the Code are filed in
    different districts by or against (1) the same debtor, or (2) a
    partnership and one or more of its general partners, or (3) two or
    more general partners, or (4) a debtor and an affiliate, on motion
    filed in the district in which the petition filed first is pending
    and after hearing on notice to the petitioners, the United States
    trustee, and other entities as directed by the court, the court may
    determine, in the interest of justice or for the convenience of the
    parties, the district or districts in which the case or cases
    should proceed.  Except as otherwise ordered by the court in the
    district in which the petition filed first is pending, the
    proceedings on the other petitions shall be stayed by the courts in
    which they have been filed until the determination is made.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987; Apr. 30, 1991, eff.
    Aug. 1, 1991.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      This rule is derived from former Bankruptcy Rule 116 which
    contained venue as well as transfer provisions.  Public Law 95-598,
    however, placed the venue provisions in 28 U.S.C. Sec. 1472, and no
    purpose is served by repeating them in this rule.  Transfer of
    cases is provided in 28 U.S.C. Sec. 1475 but this rule adds the
    procedure for obtaining transfer.  Pursuant to 28 U.S.C. Sec. 1472,
    proper venue for cases filed under the Code is either the district
    of domicile, residence, principal place of business, or location of
    principal assets for 180 days or the longer portion thereof
    immediately preceding the petition. 28 U.S.C. Sec. 1475 permits the
    court to transfer a case in the interest of justice and for the
    convenience of the parties.  If the venue is improper, the court
    may retain or transfer the case in the interest of justice and for
    the convenience of the parties pursuant to 28 U.S.C. Sec. 1477.
      Subdivision (a) of the rule is derived from former Bankruptcy
    Rule 116(b). It implements 28 U.S.C. Sec. 1475 and 1477 and
    clarifies the procedure to be followed in requesting and effecting
    transfer of a case.  Subdivision (a) protects the parties against
    being subjected to a transfer except on a timely motion of a party
    in interest.  If the transfer would result in fragmentation or
    duplication of administration, increase expense, or delay closing
    the estate, such a factor would bear on the timeliness of the
    motion as well as on the propriety of the transfer under the
    standards prescribed in subdivision (a). Subdivision (a) of the
    rule requires the interest of justice and the convenience of the
    parties to be the grounds of any transfer of a case or of the
    retention of a case filed in an improper district as does 28 U.S.C.
    Sec. 1477. Cf. 28 U.S.C. Sec. 1404(a) (district court may transfer
    any civil action ''(f)or the convenience of parties and witnesses,
    in the interest of justice'').  It also expressly requires a
    hearing on notice to the petitioner or petitioners before the
    transfer of any case may be ordered.  Under this rule, a motion by
    a party in interest is necessary.  There is no provision for the
    court to act on its own initiative.
      Subdivision (b) is derived from former Bankruptcy Rule 116(c). It
    authorizes the court in which the first petition is filed under the
    Code by or against a debtor to entertain a motion seeking a
    determination whether the case so commenced should continue or be
    transferred and consolidated or administered jointly with another
    case commenced by or against the same or related person in another
    court under a different chapter of the Code. Subdivision (b) is
    correlated with 28 U.S.C. Sec. 1472 which authorizes petitioners to
    file cases involving a partnership and partners or affiliated
    debtors.
      The reference in subdivision (b) to petitions filed ''by'' a
    partner or ''by'' any other of the persons mentioned is to be
    understood as referring to voluntary petitions.  It is not the
    purpose of this subdivision to permit more than one case to be
    filed in the same court because a creditor signing an involuntary
    petition happens to be a partner, a partnership, or an affiliate of
    a debtor.
      Transfers of adversary proceedings in cases under title 11 are
    governed by Rule 7087 and 28 U.S.C. Sec. 1475.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT
      Both paragraphs 1 and 2 of subdivision (a) are amended to conform
    to the standard for transfer in 28 U.S.C. Sec. 1412. Formerly, 28
    U.S.C. Sec. 1477 authorized a court either to transfer or retain a
    case which had been commenced in a district where venue was
    improper.  However, 28 U.S.C. Sec. 1412, which supersedes 28 U.S.C.
    Sec. 1477, authorizes only the transfer of a case.  The rule is
    amended to delete the reference to retention of a case commenced in
    the improper district.  Dismissal of a case commenced in the
    improper district as authorized by 28 U.S.C. Sec. 1406 has been
    added to the rule.  If a timely motion to dismiss for improper
    venue is not filed, the right to object to venue is waived.
      The last sentence of the rule has been deleted as unnecessary.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      Subdivision (b) is amended to provide that a motion for transfer
    of venue under this subdivision shall be filed in the district in
    which the first petition is pending.  If the case commenced by the
    first petition has been transferred to another district prior to
    the filing of a motion to transfer a related case under this
    subdivision, the motion must be filed in the district to which the
    first petition had been transferred.
      The other amendments to this rule are consistent with the
    responsibilities of the United States trustee in the supervision
    and administration of cases pursuant to 28 U.S.C. Sec. 586(a)(3).
    The United States trustee may appear and be heard on issues
    relating to the transfer of the case or dismissal due to improper
    venue.  See Sec. 307 of the Code.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 1015                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART I - COMMENCEMENT OF CASE; PROCEEDINGS RELATING TO PETITION AND
         ORDER FOR RELIEF
 
-HEAD-
    Rule 1015. Consolidation or Joint Administration of Cases Pending
        in Same Court
 
-STATUTE-
    (a) Cases Involving Same Debtor
      If two or more petitions are pending in the same court by or
    against the same debtor, the court may order consolidation of the
    cases.
    (b) Cases Involving Two or More Related Debtors
      If a joint petition or two or more petitions are pending in the
    same court by or against (1) a husband and wife, or (2) a
    partnership and one or more of its general partners, or (3) two or
    more general partners, or (4) a debtor and an affiliate, the court
    may order a joint administration of the estates.  Prior to entering
    an order the court shall give consideration to protecting creditors
    of different estates against potential conflicts of interest.  An
    order directing joint administration of individual cases of a
    husband and wife shall, if one spouse has elected the exemptions
    under Sec. 522(b)(1) of the Code and the other has elected the
    exemptions under Sec. 522(b)(2), fix a reasonable time within which
    either may amend the election so that both shall have elected the
    same exemptions.  The order shall notify the debtors that unless
    they elect the same exemptions within the time fixed by the court,
    they will be deemed to have elected the exemptions provided by Sec.
    522(b)(1).
    (c) Expediting and Protective Orders
      When an order for consolidation or joint administration of a
    joint case or two or more cases is entered pursuant to this rule,
    while protecting the rights of the parties under the Code, the
    court may enter orders as may tend to avoid unnecessary costs and
    delay.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      Subdivision (a) of this rule is derived from former Bankruptcy
    Rule 117(a). It applies to cases when the same debtor is named in
    both voluntary and involuntary petitions, when husband and wife
    have filed a joint petition pursuant to Sec. 302 of the Code, and
    when two or more involuntary petitions are filed against the same
    debtor.  It also applies when cases are pending in the same court
    by virtue of a transfer of one or more petitions from another
    court.  Subdivision (c) allows the court discretion regarding the
    order of trial of issues raised by two or more involuntary
    petitions against the same debtor.
      Subdivision (b) recognizes the propriety of joint administration
    of estates in certain kinds of cases.  The election or appointment
    of one trustee for two or more jointly administered estates is
    authorized by Rule 2009. The authority of the court to order joint
    administration under subdivision (b) extends equally to the
    situation when the petitions are filed under different sections,
    e.g., when one petition is voluntary and the other involuntary, and
    when all of the petitions are filed under the same section of the
    Code.
      Consolidation of cases implies a unitary administration of the
    estate and will ordinarily be indicated under the circumstances to
    which subdivision (a) applies.  This rule does not deal with the
    consolidation of cases involving two or more separate debtors.
    Consolidation of the estates of separate debtors may sometimes be
    appropriate, as when the affairs of an individual and a corporation
    owned or controlled by that individual are so intermingled that the
    court cannot separate their assets and liabilities.  Consolidation,
    as distinguished from joint administration, is neither authorized
    nor prohibited by this rule since the propriety of consolidation
    depends on substantive considerations and affects the substantive
    rights of the creditors of the different estates.  For
    illustrations of the substantive consolidation of separate estates,
    see Sampsell v.  Imperial Paper & Color Corp., 313 U.S. 215 (1941).
    See also Chemical Bank N.Y. Trust Co. v.  Kheel, 369 F.2d 845 (2d
    Cir. 1966); Seligson & Mandell, Multi-Debtor Petition -
    Consolidation of Debtors and Due Process of Law, 73 Com.L.J. 341
    (1968); Kennedy, Insolvency and the Corporate Veil in the United
    States in Proceedings of the 8th International Symposium on
    Comparative Law 232, 248-55 (1971).
      Joint administration as distinguished from consolidation may
    include combining the estates by using a single docket for the
    matters occurring in the administration, including the listing of
    filed claims, the combining of notices to creditors of the
    different estates, and the joint handling of other purely
    administrative matters that may aid in expediting the cases and
    rendering the process less costly.
      Subdivision (c) is an adaptation of the provisions of Rule 42(a)
    F.R.Civ.P. for the purposes of administration of estates under this
    rule.  The rule does not deal with filing fees when an order for
    the consolidation of cases or joint administration of estates is
    made.
      A joint petition of husband and wife, requiring the payment of a
    single filing fee, is permitted by Sec. 302 of the Code.
    Consolidation of such a case, however, rests in the discretion of
    the court; see Sec. 302(b) of the Code.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT
      The amendment to subdivision (b) implements the provisions of
    Sec. 522(b) of the Code, as enacted by the 1984 amendments.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 1016                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART I - COMMENCEMENT OF CASE; PROCEEDINGS RELATING TO PETITION AND
         ORDER FOR RELIEF
 
-HEAD-
    Rule 1016. Death or Incompetency of Debtor
 
-STATUTE-
      Death or incompetency of the debtor shall not abate a liquidation
    case under chapter 7 of the Code. In such event the estate shall be
    administered and the case concluded in the same manner, so far as
    possible, as though the death or incompetency had not occurred.  If
    a reorganization, family farmer's debt adjustment, or individual's
    debt adjustment case is pending under chapter 11, chapter 12, or
    chapter 13, the case may be dismissed; or if further administration
    is possible and in the best interest of the parties, the case may
    proceed and be concluded in the same manner, so far as possible, as
    though the death or incompetency had not occurred.
 
-SOURCE-
    (As amended Apr. 30, 1991, eff.  Aug. 1, 1991.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      This rule is derived from former Rules 118 and 11-16. In a
    chapter 11 reorganization case or chapter 13 individual's debt
    adjustment case, the likelihood is that the case will be dismissed.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      This rule is amended to conform to 25 F.R.Civ.P. and to include
    chapter 12 cases.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 1017                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART I - COMMENCEMENT OF CASE; PROCEEDINGS RELATING TO PETITION AND
         ORDER FOR RELIEF
 
-HEAD-
    Rule 1017. Dismissal or Conversion of Case; Suspension
 
-STATUTE-
    (a) Voluntary Dismissal; Dismissal for Want of Prosecution or Other
        Cause
      Except as provided in Sec. 707(a)(3), 707(b), 1208(b), and
    1307(b) of the Code, and in Rule 1017(b), (c), and (e), a case
    shall not be dismissed on motion of the petitioner, for want of
    prosecution or other cause, or by consent of the parties, before a
    hearing on notice as provided in Rule 2002. For the purpose of the
    notice, the debtor shall file a list of creditors with their
    addresses within the time fixed by the court unless the list was
    previously filed.  If the debtor fails to file the list, the court
    may order the debtor or another entity to prepare and file it.
    (b) Dismissal for Failure To Pay Filing Fee
      (1) If any installment of the filing fee has not been paid, the
    court may, after a hearing on notice to the debtor and the trustee,
    dismiss the case.
      (2) If the case is dismissed or closed without full payment of
    the filing fee, the installments collected shall be distributed in
    the same manner and proportions as if the filing fee had been paid
    in full.
    (c) Dismissal of Voluntary Chapter 7 or Chapter 13 Case for Failure
        To Timely File List of Creditors, Schedules, and Statement of
        Financial Affairs
      The court may dismiss a voluntary chapter 7 or chapter 13 case
    under Sec. 707(a)(3) or Sec. 1307(c)(9) after a hearing on notice
    served by the United States trustee on the debtor, the trustee, and
    any other entities as the court directs.
    (d) Suspension
      The court shall not dismiss a case or suspend proceedings under
    Sec. 305 before a hearing on notice as provided in Rule 2002(a).
    (e) Dismissal of an Individual Debtor's Chapter 7 Case for
        Substantial Abuse
      The court may dismiss an individual debtor's case for substantial
    abuse under Sec. 707(b) only on motion by the United States trustee
    or on the court's own motion and after a hearing on notice to the
    debtor, the trustee, the United States trustee, and any other
    entities as the court directs.
        (1) A motion to dismiss a case for substantial abuse may be
      filed by the United States trustee only within 60 days after the
      first date set for the meeting of creditors under Sec. 341(a),
      unless, before the time has expired, the court for cause extends
      the time for filing the motion.  The United States trustee shall
      set forth in the motion all matters to be submitted to the court
      for its consideration at the hearing.
        (2) If the hearing is set on the court's own motion, notice of
      the hearing shall be served on the debtor no later than 60 days
      after the first date set for the meeting of creditors under Sec.
      341(a). The notice shall set forth all matters to be considered
      by the court at the hearing.
    (f) Procedure for Dismissal, Conversion, or Suspension
      (1) Rule 9014 governs a proceeding to dismiss or suspend a case,
    or to convert a case to another chapter, except under Sec. 706(a),
    1112(a), 1208(a) or (b), or 1307(a) or (b).
      (2) Conversion or dismissal under Sec. 706(a), 1112(a), 1208(b),
    or 1307(b) shall be on motion filed and served as required by 
    Rule 9013.
      (3) A chapter 12 or chapter 13 case shall be converted without
    court order when the debtor files a notice of conversion under Sec.
    1208(a) or 1307(a). The filing date of the notice becomes the date
    of the conversion order for the purposes of applying Sec. 348(c)
    and Rule 1019. The clerk shall promptly transmit a copy of the
    notice to the United States trustee.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987; Apr. 30, 1991, eff.
    Aug. 1, 1991; Apr. 22, 1993, eff.  Aug. 1, 1993; Apr. 26, 1999,
    eff.  Dec. 1, 1999.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      Subdivision (a) of this rule is derived from former Bankruptcy
    Rule 120(a). While the rule applies to voluntary and involuntary
    cases, the ''consent of the parties'' referred to is that of
    petitioning creditors and the debtor in an involuntary case.  The
    last sentence recognizes that the court should not be confined to
    petitioning creditors in its choice of parties on whom to call for
    assistance in preparing the list of creditors when the debtor fails
    to do so.  This subdivision implements Sec. 303(j), 707, 1112 and
    1307 of the Code by specifying the manner of and persons to whom
    notice shall be given and requiring the court to hold a hearing on
    the issue of dismissal.
      Subdivision (b) is derived from former Bankruptcy Rule 120(b). A
    dismissal under this subdivision can occur only when the petition
    has been permitted to be filed pursuant to Rule 1006(b). The
    provision for notice in paragraph (3) is correlated with the
    provision in Rule 4006 when there is a waiver, denial, or
    revocation of a discharge.  As pointed out in the Note accompanying
    Rule 4008, the purpose of notifying creditors of a debtor that no
    discharge has been granted is to correct their assumption to the
    contrary so that they can take appropriate steps to protect their
    claims.
      Subdivision (c) is new and specifies the notice required for a
    hearing on dismissal or suspension pursuant to Sec. 305 of the
    Code. The suspension to which this subdivision refers is that of
    the case; it does not concern abstention of the court in hearing an
    adversary proceeding pursuant to 28 U.S.C. Sec. 1478(b).
      Subdivision (d). Any proceeding, whether by a debtor or other
    party, to dismiss or convert a case under Sec. 706, 707, 1112, or
    1307 is commenced by a motion pursuant to Rule 9014.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT
      Subdivision (d) is amended to provide that dismissal or
    conversion pursuant to Sec. 706(a), 707(b), 1112(a), and 1307(b) is
    not automatically a contested matter under Rule 9014. Conversion or
    dismissal under these sections is initiated by the filing and
    serving of a motion as required by Rule 9013. No hearing is
    required on these motions unless the court directs.
      Conversion of a chapter 13 case to a chapter 7 case as authorized
    by Sec. 1307(a) is accomplished by the filing of a notice of
    conversion.  The notice of conversion procedure is modeled on the
    voluntary dismissal provision of Rule 41(a)(1) F.R.Civ.P.
    Conversion occurs on the filing of the notice.  No court order is
    required.
      Subdivision (e) is new and provides the procedure to be followed
    when a court on its own motion has made a preliminary determination
    that an individual debtor's chapter 7 case may be dismissed
    pursuant to Sec. 707(b) of the Code, which was added by the 1984
    amendments.  A debtor's failure to attend the hearing is not a
    ground for dismissal pursuant to Sec. 707(b).
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      Subdivision (a) is amended to clarify that all entities required
    to receive notice under Rule 2002, including but not limited to
    creditors, are entitled to the 20 day notice of the hearing to
    dismiss the case.  The United States trustee receives the notice
    pursuant to Rule 2002(k).
      The word ''petition'' is changed to ''case'' in subdivisions (a),
    (b), and (c) to conform to Sec. 707, 930, 1112, 1208, and 1307.
      Subdivision (d) is amended to conform to Sec. 348(c) of the Code
    which refers to the ''conversion order.''
      Subdivisions (a) and (d) are amended to provide procedures for
    dismissal or conversion of a chapter 12 case.  Procedures for
    dismissal or conversion under Sec. 1208(a) and (b) are the same as
    the procedures for dismissal or conversion of a chapter 13 case
    under Sec. 1307(a) and (b).
      Subdivision (e) is amended to conform to the 1986 amendment to
    Sec. 707(b) of the Code which permits the United States trustee to
    make a motion to dismiss a case for substantial abuse.  The time
    limit for such a motion is added by this subdivision.  In general,
    the facts that are the basis for a motion to dismiss under Sec.
    707(b) exist at the time the case is commenced and usually can be
    discovered early in the case by reviewing the debtor's schedules
    and examining the debtor at the meeting of creditors.  Since
    dismissal for substantial abuse has the effect of denying the
    debtor a discharge in the chapter 7 case based on matters which may
    be discovered early, a motion to dismiss under Sec. 707(b) is
    analogous to an objection to discharge pursuant to Rule 4004 and,
    therefore, should be required to be made within a specified time
    period.  If matters relating to substantial abuse are not
    discovered within the time period specified in subdivision (e)
    because of the debtor's false testimony, refusal to obey a court
    order, fraudulent schedules or other fraud, and the debtor receives
    a discharge, the debtor's conduct may constitute the basis for
    revocation of the discharge under Sec. 727(d) and (e) of the Code.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1993 AMENDMENT
      Subdivision (d) is amended to clarify that the date of the filing
    of a notice of conversion in a chapter 12 or chapter 13 case is
    treated as the date of the conversion order for the purpose of
    applying Rule 1019. Other amendments are stylistic and make no
    substantive change.
                 COMMITTEE NOTES ON RULES - 1999 AMENDMENT
      Subdivision (b)(3), which provides that notice of dismissal for
    failure to pay the filing fee shall be sent to all creditors within
    30 days after the dismissal, is deleted as unnecessary.  
    Rule 2002(f) provides for notice to creditors of the dismissal of a
    case.
      Rule 2002(a) and this rule currently require notice to all
    creditors of a hearing on dismissal of a voluntary chapter 7 case
    for the debtor's failure to file a list of creditors, schedules,
    and statement of financial affairs within the time provided in Sec.
    707(a)(3) of the Code. A new subdivision (c) is added to provide
    that the United States trustee, who is the only entity with
    standing to file a motion to dismiss under Sec. 707(a)(3) or Sec.
    1307(c)(9), is required to serve the motion on only the debtor, the
    trustee, and any other entities as the court directs.  This
    amendment, and the amendment to Rule 2002, will have the effect of
    avoiding the expense of sending notices of the motion to all
    creditors in a chapter 7 case.
      New subdivision (f) is the same as current subdivision (d),
    except that it provides that a motion to suspend all proceedings in
    a case or to dismiss a case for substantial abuse of chapter 7
    under Sec. 707(b) is governed by Rule 9014.
      Other amendments to this rule are stylistic or for clarification.
      GAP Report on Rule 1017. No changes since publication, except for
    stylistic changes in Rule 1017(e) and (f).
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 1018                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART I - COMMENCEMENT OF CASE; PROCEEDINGS RELATING TO PETITION AND
         ORDER FOR RELIEF
 
-HEAD-
    Rule 1018. Contested Involuntary Petitions; Contested Petitions
        Commencing Ancillary Cases; Proceedings to Vacate Order for
        Relief; Applicability of Rules in Part VII Governing Adversary
        Proceedings
 
-STATUTE-
      The following rules in Part VII apply to all proceedings relating
    to a contested involuntary petition, to proceedings relating to a
    contested petition commencing a case ancillary to a foreign
    proceeding, and to all proceedings to vacate an order for relief:
    Rules 7005, 7008-7010, 7015, 7016, 7024-7026, 7028-7037, 7052,
    7054, 7056, and 7062, except as otherwise provided in Part I of
    these rules and unless the court otherwise directs.  The court may
    direct that other rules in Part VII shall also apply.  For the
    purposes of this rule a reference in the Part VII rules to
    adversary proceedings shall be read as a reference to proceedings
    relating to a contested involuntary petition, or contested
    ancillary petition, or proceedings to vacate an order for relief.
    Reference in the Federal Rules of Civil Procedure to the complaint
    shall be read as a reference to the petition.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      The rules in Part VII to which this rule refers are adaptations
    of the Federal Rules of Civil Procedure for the purpose of
    governing the procedure in adversary proceedings in cases under the
    Code. See the Note accompanying Rule 7001 infra.  Because of the
    special need for dispatch and expedition in the determination of
    the issues in an involuntary petition, see Acme Harvester Co. v.
    Beekman Lumber Co., 222 U.S. 300, 309 (1911), the objective of some
    of the Federal Rules of Civil Procedure and their adaptations in
    Part VII to facilitate the settlement of multiple controversies
    involving many persons in a single lawsuit is not compatible with
    the exigencies of bankruptcy administration.  See United States F.
    & G. Co. v.  Bray, 225 U.S. 205, 218 (1912). For that reason Rules
    7013, 7014 and 7018-7023 will rarely be appropriate in a proceeding
    on a contested petition.
      Certain terms used in the Federal Rules of Civil Procedure have
    altered meanings when they are made applicable in cases under the
    Code by these rules.  See Rule 9002 infra.  This Rule 1018 requires
    that the terms ''adversary proceedings'' when used in the rules in
    Part VII and ''complaint'' when used in the Federal Rules of Civil
    Procedure be given altered meanings when they are made applicable
    to proceedings relating to a contested petition or proceedings to
    vacate any order for relief.  A motion to vacate an order for
    relief, whether or not made on a petition that was or could have
    been contested, is governed by the rules in Part VII referred to in
    this Rule 1018.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT
      Rule 1018 is amended to include within its terms a petition
    commencing an ancillary case when it is contested.  This provision
    was formerly included in Rule 1003(e)(4).
      Although this rule does not contain an explicit authorization for
    the entry of an order for relief when a debtor refuses to cooperate
    in discovery relating to a contested involuntary petition, the
    court has ample power under Rule 37(b) F.R.Civ.P., as incorporated
    by Rule 7037, to enter an order for relief under appropriate
    circumstances.  Rule 37(b) authorizes the court to enter judgment
    by default or an order that ''facts shall be taken as
    established.''
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 1019                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART I - COMMENCEMENT OF CASE; PROCEEDINGS RELATING TO PETITION AND
         ORDER FOR RELIEF
 
-HEAD-
    Rule 1019. Conversion of a Chapter 11 Reorganization Case, Chapter
        12 Family Farmer's Debt Adjustment Case, or Chapter 13
        Individual's Debt Adjustment Case to a Chapter 7 Liquidation
        Case
 
-STATUTE-
      When a chapter 11, chapter 12, or chapter 13 case has been
    converted or reconverted to a chapter 7 case:
      (1) Filing of Lists, Inventories, Schedules, Statements.
        (A) Lists, inventories, schedules, and statements of financial
      affairs theretofore filed shall be deemed to be filed in the
      chapter 7 case, unless the court directs otherwise.  If they have
      not been previously filed, the debtor shall comply with Rule 1007
      as if an order for relief had been entered on an involuntary
      petition on the date of the entry of the order directing that the
      case continue under chapter 7.
        (B) If a statement of intention is required, it shall be filed
      within 30 days after entry of the order of conversion or before
      the first date set for the meeting of creditors, whichever is
      earlier.  The court may grant an extension of time for cause only
      on written motion filed, or oral request made during a hearing,
      before the time has expired.  Notice of an extension shall be
      given to the United States trustee and to any committee, trustee,
      or other party as the court may direct.
      (2) New Filing Periods. A new time period for filing claims, a
    complaint objecting to discharge, or a complaint to obtain a
    determination of dischargeability of any debt shall commence
    pursuant to Rules 3002, 4004, or 4007, provided that a new time
    period shall not commence if a chapter 7 case had been converted to
    a chapter 11, 12, or 13 case and thereafter reconverted to a
    chapter 7 case and the time for filing claims, a complaint
    objecting to discharge, or a complaint to obtain a determination of
    the dischargeability of any debt, or any extension thereof, expired
    in the original chapter 7 case.
      (3) Claims Filed Before Conversion. All claims actually filed by
    a creditor before conversion of the case are deemed filed in the
    chapter 7 case.
      (4) Turnover of Records and Property. After qualification of, or
    assumption of duties by the chapter 7 trustee, any debtor in
    possession or trustee previously acting in the chapter 11, 12, or
    13 case shall, forthwith, unless otherwise ordered, turn over to
    the chapter 7 trustee all records and property of the estate in the
    possession or control of the debtor in possession or trustee.
      (5) Filing Final Report and Schedule of Postpetition Debts.
        (A) Conversion of Chapter 11 or Chapter 12 Case. Unless the
      court directs otherwise, if a chapter 11 or chapter 12 case is
      converted to chapter 7, the debtor in possession or, if the
      debtor is not a debtor in possession, the trustee serving at the
      time of conversion, shall:
          (i) not later than 15 days after conversion of the case, file
        a schedule of unpaid debts incurred after the filing of the
        petition and before conversion of the case, including the name
        and address of each holder of a claim; and
          (ii) not later than 30 days after conversion of the case,
        file and transmit to the United States trustee a final report
        and account;
        (B) Conversion of Chapter 13 Case. Unless the court directs
      otherwise, if a chapter 13 case is converted to chapter 7,
          (i) the debtor, not later than 15 days after conversion of
        the case, shall file a schedule of unpaid debts incurred after
        the filing of the petition and before conversion of the case,
        including the name and address of each holder of a claim; and
          (ii) the trustee, not later than 30 days after conversion of
        the case, shall file and transmit to the United States trustee
        a final report and account;
        (C) Conversion After Confirmation of a Plan. Unless the court
      orders otherwise, if a chapter 11, chapter 12, or chapter 13 case
      is converted to chapter 7 after confirmation of a plan, the
      debtor shall file:
          (i) a schedule of property not listed in the final report and
        account acquired after the filing of the petition but before
        conversion, except if the case is converted from chapter 13 to
        chapter 7 and Sec. 348(f)(2) does not apply;
          (ii) a schedule of unpaid debts not listed in the final
        report and account incurred after confirmation but before the
        conversion; and
          (iii) a schedule of executory contracts and unexpired leases
        entered into or assumed after the filing of the petition but
        before conversion.
        (D) Transmission to United States Trustee. The clerk shall
      forthwith transmit to the United States trustee a copy of every
      schedule filed pursuant to Rule 1019(5).
      (6) Postpetition Claims; Preconversion Administrative Expenses;
    Notice. A request for payment of an administrative expense incurred
    before conversion of the case is timely filed under Sec. 503(a) of
    the Code if it is filed before conversion or a time fixed by the
    court.  If the request is filed by a governmental unit, it is
    timely if it is filed before conversion or within the later of a
    time fixed by the court or 180 days after the date of the
    conversion.  A claim of a kind specified in Sec. 348(d) may be
    filed in accordance with Rules 3001(a)-(d) and 3002. Upon the
    filing of the schedule of unpaid debts incurred after commencement
    of the case and before conversion, the clerk, or some other person
    as the court may direct, shall give notice to those entities listed
    on the schedule of the time for filing a request for payment of an
    administrative expense and, unless a notice of insufficient assets
    to pay a dividend is mailed in accordance with Rule 2002(e), the
    time for filing a claim of a kind specified in Sec. 348(d).
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987; Apr. 30, 1991, eff.
    Aug. 1, 1991; Apr. 23, 1996, eff.  Dec. 1, 1996; Apr. 11, 1997,
    eff.  Dec. 1, 1997; Apr. 26, 1999, eff.  Dec. 1, 1999.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      This rule is derived from former Bankruptcy Rule 122 and
    implements Sec. 348 of the Code. The rule applies to proceedings in
    a chapter 7 case following supersession of a case commenced under
    chapter 11 or 13, whether the latter was initiated by an original
    petition or was converted from a pending chapter 7 or another
    chapter case.  The rule is not intended to invalidate any action
    taken in the superseded case before its conversion to chapter 7.
      Paragraph (1): If requirements applicable in the superseded case
    respecting the filing of schedules of debts and property, or lists
    of creditors and inventory, and of statements of financial affairs
    have been complied with before the order directing conversion to
    liquidation, these documents will ordinarily provide all the
    information about the debts, property, financial affairs, and
    contracts of the debtor needed for the administration of the
    estate.  If the information submitted in the superseded case is
    inadequate for the purposes of administration, however, the court
    may direct the preparation of further informational material and
    the manner and time of its submission pursuant to paragraph (1). If
    no schedules, lists, inventories, or statements were filed in the
    superseded case, this paragraph imposes the duty on the debtor to
    file schedules and a statement of affairs pursuant to Rule 1007 as
    if an involuntary petition had been filed on the date when the
    court directed the conversion of the case to a liquidation case.
      Paragraphs (2) and (3). Paragraph (2) requires notice to be given
    to all creditors of the order of conversion.  The notice is to be
    included in the notice of the meeting of creditors and Official
    Form No. 16 may be adapted for use.  A meeting of creditors may
    have been held in the superseded case as required by Sec. 341(a) of
    the Code but that would not dispense with the need to hold one in
    the ensuing liquidation case.  Section 701(a) of the Code permits
    the court to appoint the trustee acting in the chapter 11 or 13
    case as interim trustee in the chapter 7 case.  Section 702(a) of
    the Code allows creditors to elect a trustee but only at the
    meeting of creditors held under Sec. 341. The right to elect a
    trustee is not lost because the chapter 7 case follows a chapter 11
    or 13 case.  Thus a meeting of creditors is necessary.  The date
    fixed for the meeting of creditors will control at least the time
    for filing claims pursuant to Rule 3002(c). That time will remain
    applicable in the ensuing chapter 7 case except as paragraph (3)
    provides, if that time had expired in an earlier chapter 7 case
    which was converted to the chapter 11 or 13 case, it is not revived
    in the subsequent chapter 7 case.  The same is true if the time for
    filing a complaint objecting to discharge or to determine
    nondischargeability of a debt had expired.  Paragraph (3), however,
    recognizes that such time may be extended by the court under 
    Rule 4004 or 4007 on motion made within the original prescribed time.
      Paragraph (4) renders it unnecessary to file anew claims that had
    been filed in the chapter 11 or 13 case before conversion to
    chapter 7.
      Paragraph (5) contemplates that typically, after the court orders
    conversion of a chapter case to liquidation, a trustee under
    chapter 7 will forthwith take charge of the property of the estate
    and proceed expeditiously to liquidate it.  The court may appoint
    the interim trustee in the chapter 7 case pursuant to Sec. 701(a)
    of the Code. If creditors do not elect a trustee under Sec. 702,
    the interim trustee becomes the trustee.
      Paragraph (6) requires the trustee or debtor in possession acting
    in the chapter 11 or 13 case to file a final report and schedule of
    debts incurred in that case.  This schedule will provide the
    information necessary for giving the notice required by paragraph
    (7) of the rule.
      Paragraph (7) requires that claims that arose in the chapter 11
    or 13 case be filed within 60 days after entry of the order
    converting the case to one under chapter 7. Claims not scheduled
    pursuant to paragraph (6) of the rule or arising from the rejection
    of an executory contract entered into during the chapter case may
    be filed within a time fixed by the court.  Pursuant to Sec. 348(c)
    of the Code, the conversion order is treated as the order for
    relief to fix the time for the trustee to assume or reject
    executory contracts under Sec. 365(d).
      Paragraph (8) permits the extension of the time for filing claims
    when claims are not timely filed but only with respect to any
    surplus that may remain in the estate.  See also Sec. 726(a)(2)(C)
    and (3) of the Code.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT
      Paragraph (1) is amended to provide for the filing of a statement
    of intention in a case converted to chapter 7. Paragraph (1)(B) is
    added to provide for the filing of the statement of intention when
    a case is converted to chapter 7. The time for filing the statement
    of intention and for an extension of that time is governed by Sec.
    521(2)(A) of the Code. An extension of time for other required
    filings is governed by Rule 1007(c), which paragraph (1)(A)
    incorporates by reference.  Because of the amendment to Rule
    1007(c), the filing of new lists, schedules, and statements is now
    governed exclusively by Rule 1019(1).
      Paragraph (3) of the rule is expanded to include the effect of
    conversion of a chapter 11 or 13 case to a chapter 7 case.  On
    conversion of a case from chapter 11 or 13 to a chapter 7 case,
    parties have a new period within which to file claims or complaints
    relating to the granting of the discharge or the dischargeability
    of a debt.  This amendment is consistent with the holding and
    reasoning of the court in F & M Marquette Nat'l Bank v.  Richards,
    780 F.2d 24 (8th Cir. 1985).
      Paragraph (4) is amended to deal directly with the status of
    claims which are properly listed on the schedules filed in a
    chapter 11 case and deemed filed pursuant to Sec. 1111(a) of the
    Code. Section 1111(a) is only applicable to the chapter 11 case.
    On conversion of the chapter 11 case to a chapter 7 case, paragraph
    (4) governs the status of claims filed in the chapter 11 case.  The
    Third Circuit properly construed paragraph (4) as applicable to
    claims deemed filed in the superseded chapter 11 case.  In re
    Crouthamel Potato Chip Co., 786 F.2d 141 (3d Cir. 1986).
      The amendment to paragraph (4) changes that result by providing
    that only claims that are actually filed in the chapter 11 case are
    treated as filed in the superseding chapter 7 case.  When chapter
    11 cases are converted to chapter 7 cases, difficulties in
    obtaining and verifying the debtors' records are common.  It is
    unfair to the chapter 7 trustee and creditors to require that they
    be bound by schedules which may not be subject to verification.
      Paragraph (6) is amended to place the obligation on the chapter
    13 debtor to file a schedule of unpaid debts incurred during the
    superseded chapter 13 case.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      This rule is amended to include conversion of a case from chapter
    12 to chapter 7 and to implement the United States trustee system.
      The amendments to paragraph (1)(A) are stylistic.  Reference to
    the statement of executory contracts is deleted to conform to the
    amendment to Rule 1007(b)(1) which changes the statement to a
    schedule of executory contracts and unexpired leases.
      Paragraph (1)(B) is amended to enable the United States trustee
    to monitor the progress of the case and to take appropriate action
    to enforce the debtor's obligation to perform the statement of
    intention in a timely manner.
      Paragraph (2) is deleted because notice of conversion of the case
    is required by Rules 1017(d), 2002(f)(2), and 9022. The United
    States trustee, who supervises trustees pursuant to 28 U.S.C. Sec.
    586(a), may give notice of the conversion to the trustee in the
    superseded case.
      Paragraph (6), renumbered as paragraph (5), is amended to reduce
    to 15 days the time for filing a schedule of postpetition debts and
    requires inclusion of the name and address of each creditor in
    connection with the postpetition debt.  These changes will enable
    the clerk to send postpetition creditors a timely notice of the
    meeting of creditors held pursuant to Sec. 341(a) of the Code. The
    amendments to this paragraph also provide the United States trustee
    with the final report and account of the superseded case, and with
    a copy of every schedule filed after conversion of the case.
    Conversion to chapter 7 terminates the service of the trustee in
    the superseded case pursuant to Sec. 348(e) of the Code. Sections
    704(a)(9), 1106(a)(1), 1107(a), 1202(b)(1), 1203 and 1302(b)(1) of
    the Code require the trustee or debtor in possession to file a
    final report and account with the court and the United States
    trustee.  The words ''with the court'' are deleted as unnecessary.
    See Rules 5005(a) and 9001(3).
      Paragraph (7), renumbered as paragraph (6), is amended to conform
    the time for filing postpetition claims to the time for filing
    prepetition claims pursuant to paragraph (3) (renumbered as
    paragraph (2)) of this rule and Rule 3002(c). This paragraph is
    also amended to eliminate the need for a court order to provide
    notice of the time for filing claims.  It is anticipated that this
    notice will be given together with the notice of the meeting of
    creditors.  It is amended further to avoid the need to fix a time
    for filing claims arising under Sec. 365(d) if it is a no asset
    case upon conversion.  If assets become available for distribution,
    the court may fix a time for filing such claims pursuant to 
    Rule 3002(c)(4).
      The additions of references to unexpired leases in paragraph
    (1)(A) and in paragraphs (6) and (7) (renumbered as paragraphs (5)
    and (6)) are technical amendments to clarify that unexpired leases
    are included as well as other executory contracts.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1996 AMENDMENT
      Subdivision (7) is abrogated to conform to the abrogation of 
    Rule 3002(c)(6).
      GAP Report on Rule 1019. No changes were made to the text of the
    rule.  The Committee Note was changed to conform to the proposed
    changes to Rule 3002 (see GAP Report on Rule 3002 below).
           NOTES OF ADVISORY COMMITTEE ON RULES - 1997 AMENDMENT
      The amendments to subdivisions (3) and (5) are technical
    corrections and stylistic changes.  The phrase ''superseded case''
    is deleted because it creates the erroneous impression that
    conversion of a case results in a new case that is distinct from
    the original case.  Similarly, the phrase ''original petition'' is
    deleted because it erroneously implies that there is a second
    petition with respect to a converted case.  See Sec. 348 of the
    Code.
      GAP Report on Rule 1019. No changes to the published draft.
                 COMMITTEE NOTES ON RULES - 1999 AMENDMENT
      Paragraph (1)(B) is amended to clarify that a motion for an
    extension of time to file a statement of intention must be made by
    written motion filed before the time expires, or by oral request
    made at a hearing before the time expires.
      Subdivision (6) is amended to provide that a holder of an
    administrative expense claim incurred after the commencement of the
    case, but before conversion to chapter 7, is required to file a
    request for payment under Sec. 503(a) within a time fixed by the
    court, rather than a proof of claim under Sec. 501 and 
    Rules 3001(a)-(d) and 3002. The 180-day period applicable to governmental
    units is intended to conform to Sec. 502(b)(9) of the Code and 
    Rule 3002(c)(1). It is unnecessary for the court to fix a time for
    filing requests for payment if it appears that there are not
    sufficient assets to pay preconversion administrative expenses.  If
    a time for filing a request for payment of an administrative
    expense is fixed by the court, it may be enlarged as provided in
    Rule 9006(b). If an administrative expense claimant fails to timely
    file the request, it may be tardily filed under Sec. 503(a) if
    permitted by the court for cause.
      The final sentence of Rule 1019(6) is deleted because it is
    unnecessary in view of the other amendments to this paragraph.  If
    a party has entered into a postpetition contract or lease with the
    trustee or debtor that constitutes an administrative expense, a
    timely request for payment must be filed in accordance with this
    paragraph and Sec. 503(b) of the Code. The time for filing a proof
    of claim in connection with the rejection of any other executory
    contract or unexpired lease is governed by Rule 3002(c)(4).
      The phrase ''including the United States, any state, or any
    subdivision thereof'' is deleted as unnecessary.  Other amendments
    to this rule are stylistic.
      GAP Report on Rule 1019. The proposed amendments to Rule 1019(6)
    were changed to delete the deadline for filing requests for payment
    of preconversion administrative expenses that would be applicable
    in all cases, and to provide instead that the court may fix such a
    deadline.  The committee note was revised to clarify that it is not
    necessary for the court to fix a deadline where there are
    insufficient assets to pay preconversion administrative expenses.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 1020                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART I - COMMENCEMENT OF CASE; PROCEEDINGS RELATING TO PETITION AND
         ORDER FOR RELIEF
 
-HEAD-
    Rule 1020. Election to be Considered a Small Business in a Chapter
        11 Reorganization Case
 
-STATUTE-
      In a chapter 11 reorganization case, a debtor that is a small
    business may elect to be considered a small business by filing a
    written statement of election not later than 60 days after the date
    of the order for relief.
 
-SOURCE-
    (Added Apr. 11, 1997, eff.  Dec. 1, 1997.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1997
      This rule is designed to implement Sec. 1121(e) and 1125(f) that
    were added to the Code by the Bankruptcy Reform Act of 1994.
      GAP Report on Rule 1020. The phrase ''or by a later date as the
    court, for cause, may fix'' at the end of the published draft was
    deleted.  The general provisions on reducing or extending time
    periods under Rule 9006 will be applicable.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES PART II - OFFICERS AND
                  ADMINISTRATION; NOTICES; MEETINGS;
                  EXAMINATIONS; ELECTIONS; ATTORNEYS AND
                  ACCOUNTANTS                                    01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART II - OFFICERS AND ADMINISTRATION; NOTICES; MEETINGS;
         EXAMINATIONS; ELECTIONS; ATTORNEYS AND ACCOUNTANTS
    .
 
-HEAD-
    PART II - OFFICERS AND ADMINISTRATION; NOTICES; MEETINGS;
    EXAMINATIONS; ELECTIONS; ATTORNEYS AND ACCOUNTANTS
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 2001                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART II - OFFICERS AND ADMINISTRATION; NOTICES; MEETINGS;
         EXAMINATIONS; ELECTIONS; ATTORNEYS AND ACCOUNTANTS
 
-HEAD-
    Rule 2001. Appointment of Interim Trustee Before Order for Relief
        in a Chapter 7 Liquidation Case
 
-STATUTE-
    (a) Appointment
      At any time following the commencement of an involuntary
    liquidation case and before an order for relief, the court on
    written motion of a party in interest may order the appointment of
    an interim trustee under Sec. 303(g) of the Code. The motion shall
    set forth the necessity for the appointment and may be granted only
    after hearing on notice to the debtor, the petitioning creditors,
    the United States trustee, and other parties in interest as the
    court may designate.
    (b) Bond of Movant
      An interim trustee may not be appointed under this rule unless
    the movant furnishes a bond in an amount approved by the court,
    conditioned to indemnify the debtor for costs, attorney's fee,
    expenses, and damages allowable under Sec. 303(i) of the Code.
    (c) Order of Appointment
      The order directing the appointment of an interim trustee shall
    state the reason the appointment is necessary and shall specify the
    trustee's duties.
    (d) Turnover and Report
      Following qualification of the trustee selected under Sec. 702 of
    the Code, the interim trustee, unless otherwise ordered, shall (1)
    forthwith deliver to the trustee all the records and property of
    the estate in possession or subject to control of the interim
    trustee and, (2) within 30 days thereafter file a final report and
    account.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987; Apr. 30, 1991, eff.
    Aug. 1, 1991.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      This rule is adapted from former Bankruptcy Rule 201. See also
    former Chapter X Rule 10-201. In conformity with title 11 of the
    United States Code, this rule substitutes ''interim trustee'' for
    ''receiver.'' Subdivision (a) and (e) of Rule 201 are not included
    because the provisions contained therein are found in detail in
    Sec. 303(g) of the Code, or they are inconsistent with Sec. 701 of
    the Code. Similarly, the provisions in Rule 201(d) relating to a
    debtor's counterbond are not included because of their presence in
    Sec. 303(g).
      Subdivision (a) makes it clear that the court may not on its own
    motion order the appointment of an interim trustee before an order
    for relief is entered.  Appointment may be ordered only on motion
    of a party in interest.
      Subdivision (b) requires those seeking the appointment of an
    interim trustee to furnish a bond.  The bond may be the same one
    required of petitioning creditors under Sec. 303(e) of the Code to
    indemnify the debtor for damages allowed by the court under Sec.
    303(i).
      Subdivision (c) requires that the order specify which duties
    enumerated in Sec. 303(g) shall be performed by the interim
    trustee.  Reference should be made to Rule 2015 for additional
    duties required of an interim trustee including keeping records and
    filing periodic reports with the court.
      Subdivision (d) requires turnover of records and property to the
    trustee selected under Sec. 702 of the Code, after qualification.
    That trustee may be the interim trustee who becomes the trustee
    because of the failure of creditors to elect one under Sec. 702(d)
    or the trustee elected by creditors under Sec. 702(b), (c).
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      This rule is amended to conform to Sec. 303(g) of the Code which
    provides that the United States trustee appoints the interim
    trustee.  See Rule X-1003. This rule does not apply to the exercise
    by the court of the power to act sua sponte pursuant to Sec. 105(a)
    of the Code.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 2002                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART II - OFFICERS AND ADMINISTRATION; NOTICES; MEETINGS;
         EXAMINATIONS; ELECTIONS; ATTORNEYS AND ACCOUNTANTS
 
-HEAD-
    Rule 2002. Notices to Creditors, Equity Security Holders, United
        States, and United States Trustee
 
-STATUTE-
    (a) Twenty-Day Notices to Parties in Interest
      Except as provided in subdivisions (h), (i), and (l) of this
    rule, the clerk, or some other person as the court may direct,
    shall give the debtor, the trustee, all creditors and indenture
    trustees at least 20 days' notice by mail of:
        (1) the meeting of creditors under Sec. 341 or Sec. 1104(b) of
      the Code;
        (2) a proposed use, sale, or lease of property of the estate
      other than in the ordinary course of business, unless the court
      for cause shown shortens the time or directs another method of
      giving notice;
        (3) the hearing on approval of a compromise or settlement of a
      controversy other than approval of an agreement pursuant to Rule
      4001(d), unless the court for cause shown directs that notice not
      be sent;
        (4) in a chapter 7 liquidation, a chapter 11 reorganization
      case, or a chapter 12 family farmer debt adjustment case, the
      hearing on the dismissal of the case or the conversion of the
      case to another chapter, unless the hearing is under Sec.
      707(a)(3) or Sec. 707(b) or is on dismissal of the case for
      failure to pay the filing fee;
        (5) the time fixed to accept or reject a proposed modification
      of a plan;
        (6) hearings on all applications for compensation or
      reimbursement of expenses totaling in excess of $500;
        (7) the time fixed for filing proofs of claims pursuant to Rule
      3003(c); and
        (8) the time fixed for filing objections and the hearing to
      consider confirmation of a chapter 12 plan.
    (b) Twenty-Five-Day Notices to Parties in Interest
      Except as provided in subdivision (l) of this rule, the clerk, or
    some other person as the court may direct, shall give the debtor,
    the trustee, all creditors and indenture trustees not less than 25
    days notice by mail of (1) the time fixed for filing objections and
    the hearing to consider approval of a disclosure statement; and (2)
    the time fixed for filing objections and the hearing to consider
    confirmation of a chapter 9, chapter 11, or chapter 13 plan.
    (c) Content of Notice
      (1) Proposed Use, Sale, or Lease of Property. Subject to 
    Rule 6004 the notice of a proposed use, sale, or lease of property
    required by subdivision (a)(2) of this rule shall include the time
    and place of any public sale, the terms and conditions of any
    private sale and the time fixed for filing objections.  The notice
    of a proposed use, sale, or lease of property, including real
    estate, is sufficient if it generally describes the property.
      (2) Notice of Hearing on Compensation. The notice of a hearing on
    an application for compensation or reimbursement of expenses
    required by subdivision (a)(6) of this rule shall identify the
    applicant and the amounts requested.
    (d) Notice to Equity Security Holders
      In a chapter 11 reorganization case, unless otherwise ordered by
    the court, the clerk, or some other person as the court may direct,
    shall in the manner and form directed by the court give notice to
    all equity security holders of (1) the order for relief; (2) any
    meeting of equity security holders held pursuant to Sec. 341 of the
    Code; (3) the hearing on the proposed sale of all or substantially
    all of the debtor's assets; (4) the hearing on the dismissal or
    conversion of a case to another chapter; (5) the time fixed for
    filing objections to and the hearing to consider approval of a
    disclosure statement; (6) the time fixed for filing objections to
    and the hearing to consider confirmation of a plan; and (7) the
    time fixed to accept or reject a proposed modification of a plan.
    (e) Notice of No Dividend
      In a chapter 7 liquidation case, if it appears from the schedules
    that there are no assets from which a dividend can be paid, the
    notice of the meeting of creditors may include a statement to that
    effect; that it is unnecessary to file claims; and that if
    sufficient assets become available for the payment of a dividend,
    further notice will be given for the filing of claims.
    (f) Other Notices
      Except as provided in subdivision (l) of this rule, the clerk, or
    some other person as the court may direct, shall give the debtor,
    all creditors, and indenture trustees notice by mail of: (1) the
    order for relief; (2) the dismissal or the conversion of the case
    to another chapter, or the suspension of proceedings under Sec.
    305; (3) the time allowed for filing claims pursuant to Rule 3002;
    (4) the time fixed for filing a complaint objecting to the debtor's
    discharge pursuant to Sec. 727 of the Code as provided in Rule
    4004; (5) the time fixed for filing a complaint to determine the
    dischargeability of a debt pursuant to Sec. 523 of the Code as
    provided in Rule 4007; (6) the waiver, denial, or revocation of a
    discharge as provided in Rule 4006; (7) entry of an order
    confirming a chapter 9, 11, or 12 plan; and (8) a summary of the
    trustee's final report in a chapter 7 case if the net proceeds
    realized exceed $1,500. Notice of the time fixed for accepting or
    rejecting a plan pursuant to Rule 3017(c) shall be given in
    accordance with Rule 3017(d).
    (g) Addresses of Notices
      All notices required to be mailed under this rule to a creditor,
    equity security holder, or indenture trustee shall be addressed as
    such entity or an authorized agent may direct in a filed request;
    otherwise, to the address shown in the list of creditors or the
    schedule whichever is filed later.  If a different address is
    stated in a proof of claim duly filed, that address shall be used
    unless a notice of no dividend has been given.
    (h) Notices to Creditors Whose Claims are Filed
      In a chapter 7 case, after 90 days following the first date set
    for the meeting of creditors under Sec. 341 of the Code, the court
    may direct that all notices required by subdivision (a) of this
    rule be mailed only to the debtor, the trustee, all indenture
    trustees, creditors that hold claims for which proofs of claim have
    been filed, and creditors, if any, that are still permitted to file
    claims by reason of an extension granted pursuant to 
    Rule 3002(c)(1) or (c)(2). In a case where notice of insufficient assets
    to pay a dividend has been given to creditors pursuant to
    subdivision (e) of this rule, after 90 days following the mailing
    of a notice of the time for filing claims pursuant to 
    Rule 3002(c)(5), the court may direct that notices be mailed only to the
    entities specified in the preceding sentence.
    (i) Notices to Committees
      Copies of all notices required to be mailed pursuant to this rule
    shall be mailed to the committees elected under Sec. 705 or
    appointed under Sec. 1102 of the Code or to their authorized
    agents.  Notwithstanding the foregoing subdivisions, the court may
    order that notices required by subdivision (a)(2), (3) and (6) of
    this rule be transmitted to the United States trustee and be mailed
    only to the committees elected under Sec. 705 or appointed under
    Sec. 1102 of the Code or to their authorized agents and to the
    creditors and equity security holders who serve on the trustee or
    debtor in possession and file a request that all notices be mailed
    to them.  A committee appointed under Sec. 1114 shall receive
    copies of all notices required by subdivisions (a)(1), (a)(5), (b),
    (f)(2), and (f)(7), and such other notices as the court may direct.
    (j) Notices to the United States
      Copies of notices required to be mailed to all creditors under
    this rule shall be mailed (1) in a chapter 11 reorganization case,
    to the Securities and Exchange Commission at any place the
    Commission designates, if the Commission has filed either a notice
    of appearance in the case or a written request to receive notices;
    (2) in a commodity broker case, to the Commodity Futures Trading
    Commission at Washington, D.C.; (3) in a chapter 11 case to the
    District Director of Internal Revenue for the district in which the
    case is pending; (4) if the papers in the case disclose a debt to
    the United States other than for taxes, to the United States
    attorney for the district in which the case is pending and to the
    department, agency, or instrumentality of the United States through
    which the debtor became indebted; or if the filed papers disclose a
    stock interest of the United States, to the Secretary of the
    Treasury at Washington, D.C.
    (k) Notices to United States Trustee
      Unless the case is a chapter 9 municipality case or unless the
    United States trustee requests otherwise, the clerk, or some other
    person as the court may direct, shall transmit to the United States
    trustee notice of the matters described in subdivisions (a)(2),
    (a)(3), (a)(4), (a)(8), (b), (f)(1), (f)(2), (f)(4), (f)(6),
    (f)(7), and (f)(8) of this rule and notice of hearings on all
    applications for compensation or reimbursement of expenses.
    Notices to the United States trustee shall be transmitted within
    the time prescribed in subdivision (a) or (b) of this rule.  The
    United States trustee shall also receive notice of any other matter
    if such notice is requested by the United States trustee or ordered
    by the court.  Nothing in these rules requires the clerk or any
    other person to transmit to the United States trustee any notice,
    schedule, report, application or other document in a case under the
    Securities Investor Protection Act, 15 U.S.C. Sec. 78aaa et seq.
    (l) Notice by Publication
      The court may order notice by publication if it finds that notice
    by mail is impracticable or that it is desirable to supplement the
    notice.
    (m) Orders Designating Matter of Notices
      The court may from time to time enter orders designating the
    matters in respect to which, the entity to whom, and the form and
    manner in which notices shall be sent except as otherwise provided
    by these rules.
    (n) Caption
      The caption of every notice given under this rule shall comply
    with Rule 1005. The caption of every notice required to be given by
    the debtor to a creditor shall include the information required to
    be in the notice by Sec. 342(c) of the Code.
    (o) Notice of Order for Relief in Consumer Case
      In a voluntary case commenced by an individual debtor whose debts
    are primarily consumer debts, the clerk, or some other person as
    the court may direct, shall give the trustee and all creditors
    notice by mail of the order for relief within 20 days from the date
    thereof.
 
-SOURCE-
    (As amended Pub. L. 98-91, Sec. 2(a), Aug. 30, 1983, 97 Stat. 607;
    Pub. L. 98-353, title III, Sec. 321, July 10, 1984, 98 Stat. 357;
    Mar. 30, 1987, eff.  Aug. 1, 1987; Apr. 30, 1991, eff.  Aug. 1,
    1991; Apr. 22, 1993, eff.  Aug. 1, 1993; Apr. 23, 1996, eff.  Dec.
    1, 1996; Apr. 11, 1997, eff.  Dec. 1, 1997; Apr. 26, 1999, eff.
    Dec. 1, 1999.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      Some of the notices required by this rule may be given either by
    the clerk or as the court may otherwise direct.  For example, the
    court may order the trustee or debtor in possession to transmit one
    or more of the notices required by this rule, such as, notice of a
    proposed sale of property.  See Sec. 363(b) of the Code. When
    publication of notices is required or desirable, reference should
    be made to Rule 9008.
      Notice of the order for relief is required to be given by Sec.
    342 of the Code and by subdivision (f)(1) of this rule.  That
    notice may be combined with the notice of the meeting of creditors
    as indicated in Official Form No. 16, the notice and order of the
    meeting of creditors.
      Subdivision (a) sets forth the requirement that 20 days notice be
    given of the significant events in a case under the Bankruptcy
    Code. The former Act and Rules provided a ten day notice in
    bankruptcy and Chapter XI cases, and a 20 day notice in a Chapter X
    case.  This rule generally makes uniform the 20 day notice
    provision except that subdivision (b) contains a 25 day period for
    certain events in a chapter 9, 11, or 13 case.  Generally, 
    Rule 9006 permits reduction of time periods.  Since notice by mail is
    complete on mailing, the requirement of subdivision (a) is
    satisfied if the notices are deposited in the mail at least 20 days
    before the event.  See Rule 9006(e). The exceptions referred to in
    the introductory phrase include the modifications in the notice
    procedure permitted by subdivision (h) as to non-filing creditors,
    subdivision (i) as to cases where a committee is functioning, and
    subdivision (k) where compliance with subdivision (a) is
    impracticable.
      The notice of a proposed sale affords creditors an opportunity to
    object to the sale and raise a dispute for the court's attention.
    Section 363(b) of the Code permits the trustee or debtor in
    possession to sell property, other than in the ordinary course of
    business, only after notice and hearing.  If no objection is raised
    after notice, Sec. 102(1) provides that there need not be an actual
    hearing.  Thus, absent objection, there would be no court
    involvement with respect to a trustee's sale.  Once an objection is
    raised, only the court may pass on it.
      Prior to the Code the court could shorten the notice period for a
    proposed sale of property or dispense with notice.  This
    subdivision (a), permits the 20 day period to be shortened in
    appropriate circumstances but the rule does not contain a provision
    allowing the court to dispense with notice.  The rule is thus
    consistent with the Code, Sec. 363(b) and 102(1)(A) of the Code.
    See 28 U.S.C. Sec. 2075. It may be necessary, in certain
    circumstances, however, to use a method of notice other than mail.
    Subdivision (a)(2) vests the court with discretion, on cause shown,
    to order a different method.  Reference should also be made to 
    Rule 6004 which allows a different type of notice of proposed sales when
    the property is of little value.
      Notice of the hearing on an application for compensation or
    reimbursement of expenses totalling $100 or less need not be
    given.  In chapter 13 cases relatively small amounts are sometimes
    allowed for post-confirmation services and it would not serve a
    useful purpose to require advance notice.
      Subdivision (b) is similar to subdivision (a) but lengthens the
    notice time to 25 days with respect to those events particularly
    significant in chapter 9, 11 and 13 cases.  The additional time may
    be necessary to formulate objections to a disclosure statement or
    confirmation of a plan and preparation for the hearing on approval
    of the disclosure statement or confirmation.  The disclosure
    statement and hearing thereon is only applicable in chapter 9 cases
    (Sec. 901(a) of the Code), and chapter 11 cases (Sec. 1125 of the
    Code).
      Subdivision (c) specifies certain matters that should be included
    in the notice of a proposed sale of property and notice of the
    hearing on an application for allowances.  Rule 6004 fixes the time
    within which parties in interest may file objections to a proposed
    sale of property.
      Subdivision (d) relates exclusively to the notices given to
    equity security holders in chapter 11 cases.  Under chapter 11, a
    plan may impair the interests of the debtor's shareholders or a
    plan may be a relatively simple restructuring of unsecured debt.
    In some cases, it is necessary that equity interest holders receive
    various notices and in other cases there is no purpose to be
    served.  This subdivision indicates that the court is not mandated
    to order notices but rather that the matter should be treated with
    some flexibility.  The court may decide whether notice is to be
    given and how it is to be given.  Under Sec. 341(b) of the Code, a
    meeting of equity security holders is not required in each case,
    only when it is ordered by the court.  Thus subdivision (d)(2)
    requires notice only when the court orders a meeting.
      In addition to the notices specified in this subdivision, there
    may be other events or matters arising in a case as to which equity
    security holders should receive notice.  These are situations left
    to determination by the court.
      Subdivision (e), authorizing a notice of the apparent
    insufficiency of assets for the payment of any dividend, is
    correlated with Rule 3002(c)(5), which provides for the issuance of
    an additional notice to creditors if the possibility of a payment
    later materializes.
      Subdivision (f) provides for the transmission of other notices to
    which no time period applies.  Clause (1) requires notice of the
    order for relief; this complements the mandate of Sec. 342 of the
    Code requiring such notice as is appropriate of the order for
    relief.  This notice may be combined with the notice of the meeting
    of creditors to avoid the necessity of more than one mailing.  See
    Official Form No. 16, notice of meeting of creditors.
      Subdivision (g) recognizes that an agent authorized to receive
    notices for a creditor may, without a court order, designate where
    notices to the creditor he represents should be addressed.  Agent
    includes an officer of a corporation, an attorney at law, or an
    attorney in fact if the requisite authority has been given him.  It
    should be noted that Official Forms Nos. 17 and 18 do not include
    an authorization of the holder of a power of attorney to receive
    notices for the creditor.  Neither these forms nor this rule
    carries any implication that such an authorization may not be given
    in a power of attorney or that a request for notices to be
    addressed to both the creditor or his duly authorized agent may not
    be filed.
      Subdivision (h). After the time for filing claims has expired in
    a chapter 7 case, creditors who have not filed their claims in
    accordance with Rule 3002(c) are not entitled to share in the
    estate except as they may come within the special provisions of
    Sec. 726 of the Code or Rule 3002(c)(6). The elimination of notice
    to creditors who have no recognized stake in the estate may permit
    economies in time and expense.  Reduction of the list of creditors
    to receive notices under this subdivision is discretionary.  This
    subdivision does not apply to the notice of the meeting of
    creditors.
      Subdivision (i) contains a list of matters of which notice may be
    given a creditors' committee or to its authorized agent in lieu of
    notice to the creditors.  Such notice may serve every practical
    purpose of a notice to all the creditors and save delay and
    expense.  In re Schulte-United, Inc., 59 F.2d 553, 561 (8th Cir.
    1932).
      Subdivision (j). The premise for the requirement that the
    district director of internal revenue receive copies of notices
    that all creditors receive in a chapter 11 case is that every
    debtor is potentially a tax debtor of the United States. Notice to
    the district director alerts him to the possibility that a tax
    debtor's estate is about to be liquidated or reorganized and that
    the debtor may be discharged.  When other indebtedness to the
    United States is indicated, the United States attorney is notified
    as the person in the best position to protect the interests of the
    government.  In addition, the provision requires notice by mail to
    the head of any department, agency, or instrumentality of the
    United States through whose action the debtor became indebted to
    the United States. This rule is not intended to preclude a local
    rule from requiring a state or local tax authority to receive some
    or all of the notices to creditors under these rules.
      Subdivision (k) specifies two kinds of situations in which notice
    by publication may be appropriate: (1) when notice by mail is
    impracticable; and (2) when notice by mail alone is less than
    adequate.  Notice by mail may be impracticable when, for example,
    the debtor has disappeared or his records have been destroyed and
    the names and addresses of his creditors are unavailable, or when
    the number of creditors with nominal claims is very large and the
    estate to be distributed may be insufficient to defray the costs of
    issuing the notices.  Supplementing notice by mail is also
    indicated when the debtor's records are incomplete or inaccurate
    and it is reasonable to believe that publication may reach some of
    the creditors who would otherwise be missed.  Rule 9008 applies
    when the court directs notice by publication under this rule.
    Neither clause (2) of subdivision (a) nor subdivision (k) of this
    rule is concerned with the publication of advertisement to the
    general public of a sale of property of the estate at public
    auction under Rule 6004(b). See 3 Collier, Bankruptcy 522-23 (14th
    ed. 1971); 4B id. 1165-67 (1967); 2 id. 363.03 (15th ed. 1981).
      Subdivision (m). Inclusion in notices to creditors of information
    as to other names used by the debtor as required by Rule 1005 will
    assist them in the preparation of their proofs of claim and in
    deciding whether to file a complaint objecting to the debtor's
    discharge.  Additional names may be listed by the debtor on his
    statement of affairs when he did not file the petition.  The
    mailing of notices should not be postponed to await a delayed
    filing of the statement of financial affairs.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT
      Subdivision (a) is amended to provide that notice of a hearing on
    an application for compensation must be given only when the amount
    requested is in excess of $500.
      Subdivision (d). A new notice requirement is added as clause (3).
    When a proposed sale is of all or substantially all of the debtor's
    assets, it is appropriate that equity security holders be given
    notice of the proposed sale.  The clauses of subdivision (d) are
    renumbered to accommodate this addition.
      Subdivision (f). Clause (7) is eliminated.  Mailing of a copy of
    the discharge order is governed by Rule 4004(g).
      Subdivision (g) is amended to relieve the clerk of the duty to
    mail notices to the address shown in a proof of claim when a notice
    of no dividend has been given pursuant to Rule 2002. This amendment
    avoids the necessity of the clerk searching proofs of claim which
    are filed in no dividend cases to ascertain whether a different
    address is shown.
      Subdivision (n) was enacted by Sec. 321 of the 1984 amendments.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      Subdivision (a)(3) is amended to exclude compromise or settlement
    agreements concerning adequate protection or which modify or
    terminate the automatic stay, provide for use of cash collateral,
    or create a senior or equal lien on collateral to obtain credit.
    Notice requirements relating to approval of such agreements are
    governed by Rule 4001(d).
      Subdivision (a)(5) is amended to include a hearing on dismissal
    or conversion of a chapter 12 case.  This subdivision does not
    apply when a hearing is not required.  It is also amended to avoid
    the necessity of giving notice to all creditors of a hearing on the
    dismissal of a consumer debtor's case based on substantial abuse of
    chapter 7. Such hearings on dismissal under Sec. 707(b) of the Code
    are governed by Rule 1017(e).
      Subdivision (a)(9) is added to provide for notice of the time
    fixed for filing objections and the hearing to consider
    confirmation of a plan in a chapter 12 case.  Section 1224 of the
    Code requires ''expedited notice'' of the confirmation hearing in a
    chapter 12 case and requires that the hearing be concluded not
    later than 45 days after the filing of the plan unless the time is
    extended for cause.  This amendment establishes 20 days as the
    notice period.  The court may shorten this time on its own motion
    or on motion of a party in interest.  The notice includes both the
    date of the hearing and the date for filing objections, and must be
    accompanied by a copy of the plan or a summary of the plan in
    accordance with Rule 3015(d).
      Subdivision (b) is amended to delete as unnecessary the
    references to subdivisions (h) and (i).
      Subdivision (d) does not require notice to equity security
    holders in a chapter 12 case.  The procedural burden of requiring
    such notice is outweighed by the likelihood that all equity
    security holders of a family farmer will be informed of the
    progress of the case without formal notice.  Subdivision (d) is
    amended to recognize that the United States trustee may convene a
    meeting of equity security holders pursuant to Sec. 341(b).
      Subdivision (f)(2) is amended and subdivision (f)(4) is deleted
    to require notice of any conversion of the case, whether the
    conversion is by court order or is effectuated by the debtor filing
    a notice of conversion pursuant to Sec. 1208(a) or 1307(a).
    Subdivision (f)(8), renumbered (f)(7), is amended to include entry
    of an order confirming a chapter 12 plan.  Subdivision (f)(9) is
    amended to increase the amount to $1,500.
      Subdivisions (g) and (j) are amended to delete the words ''with
    the court'' and subdivision (i) is amended to delete the words
    ''with the clerk'' because these phrases are unnecessary.  See
    Rules 5005(a) and 9001(3).
      Subdivision (i) is amended to require that the United States
    trustee receive notices required by subdivision (a)(2), (3) and (7)
    of this rule notwithstanding a court order limiting such notice to
    committees and to creditors and equity security holders who request
    such notices.  Subdivision (i) is amended further to include
    committees elected pursuant to Sec. 705 of the Code and to provide
    that committees of retired employees appointed in chapter 11 cases
    receive certain notices.
      Subdivision (k) is derived from Rule X-1008. The administrative
    functions of the United States trustee pursuant to 28 U.S.C. Sec.
    586(a) and standing to be heard on issues under Sec. 307 and other
    sections of the Code require that the United States trustee be
    informed of developments and issues in every case except chapter 9
    cases.  The rule omits those notices described in subdivision
    (a)(1) because a meeting of creditors is convened only by the
    United States trustee, and those notices described in subdivision
    (a)(4) (date fixed for filing claims against a surplus),
    subdivision (a)(6) (time fixed to accept or reject proposed
    modification of a plan), subdivision (a)(8) (time fixed for filing
    proofs of claims in chapter 11 cases), subdivision (f)(3) (time
    fixed for filing claims in chapter 7, 12, and 13 cases), and
    subdivision (f)(5) (time fixed for filing complaint to determine
    dischargeability of debt) because these notices do not relate to
    matters that generally involve the United States trustee.
    Nonetheless, the omission of these notices does not prevent the
    United States trustee from receiving such notices upon request.
    The United States trustee also receives notice of hearings on
    applications for compensation or reimbursement without regard to
    the $500 limitation contained in subdivision (a)(7) of this rule.
    This rule is intended to be flexible in that it permits the United
    States trustee in a particular judicial district to request notices
    in certain categories, and to request not to receive notices in
    other categories, when the practice in that district makes that
    desirable.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1993 AMENDMENT
      Subdivision (j) is amended to avoid the necessity of sending an
    additional notice to the Washington, D.C. address of the Securities
    and Exchange Commission if the Commission prefers to have notices
    sent only to a local office.  This change also clarifies that
    notices required to be mailed pursuant to this rule must be sent to
    the Securities and Exchange Commission only if it has filed a
    notice of appearance or has filed a written request.  Other
    amendments are stylistic and make no substantive change.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1996 AMENDMENT
      Paragraph (a)(4) is abrogated to conform to the abrogation of
    Rule 3002(c)(6). The remaining paragraphs of subdivision (a) are
    renumbered, and references to these paragraphs contained in other
    subdivisions of this rule are amended accordingly.
      Paragraph (f)(8) is amended so that a summary of the trustee's
    final account, which is prepared after distribution of property,
    does not have to be mailed to the debtor, all creditors, and
    indenture trustees in a chapter 7 case.  Parties are sufficiently
    protected by receiving a summary of the trustee's final report that
    informs parties of the proposed distribution of property.
      Subdivision (h) is amended (1) to provide that an order under
    this subdivision may not be issued if a notice of no dividend is
    given pursuant to Rule 2002(e) and the time for filing claims has
    not expired as provided in Rule 3002(c)(5); (2) to clarify that
    notices required to be mailed by subdivision (a) to parties other
    than creditors must be mailed to those entities despite an order
    issued pursuant to subdivision (h); (3) to provide that if the
    court, pursuant to Rule 3002(c)(1) or 3002(c)(2), has granted an
    extension of time to file a proof of claim, the creditor for whom
    the extension has been granted must continue to receive notices
    despite an order issued pursuant to subdivision (h); and (4) to
    delete references to subdivision (a)(4) and Rule 3002(c)(6), which
    have been abrogated.
      Other amendments to this rule are stylistic.
      GAP Report on Rule 2002. No changes since publication, except for
    stylistic changes and the correction of a typographical error in
    the committee note.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1997 AMENDMENT
      Paragraph (a)(1) is amended to include notice of a meeting of
    creditors convened under Sec. 1104(b) of the Code for the purpose
    of electing a trustee in a chapter 11 case.  The court for cause
    shown may order the 20-day period reduced pursuant to 
    Rule 9006(c)(1).
      Subdivision (n) is amended to conform to the 1994 amendment to
    Sec. 342 of the Code. As provided in Sec. 342(c), the failure of a
    notice given by the debtor to a creditor to contain the information
    required by Sec. 342(c) does not invalidate the legal effect of the
    notice.
      GAP Report on Rule 2002. No changes to the published draft.
                 COMMITTEE NOTES ON RULES - 1999 AMENDMENT
      Paragraph (a)(4) is amended to conform to the amendments to Rule
    1017. If the United States trustee files a motion to dismiss a case
    for the debtor's failure to file the list of creditors, schedules,
    or the statement of financial affairs within the time specified in
    Sec. 707(a)(3), the amendments to this rule and to Rule 1017
    eliminate the requirement that all creditors receive notice of the
    hearing.
      Paragraph (a)(4) is amended further to conform to Rule 1017(b),
    which requires that notice of the hearing on dismissal of a case
    for failure to pay the filing fee be served on only the debtor and
    the trustee.
      Paragraph (f)(2) is amended to provide for notice of the
    suspension of proceedings under Sec. 305.
      GAP Report on Rule 2002. No changes since publication.
 
-REFTEXT-
                             REFERENCES IN TEXT
      The Securities Investor Protection Act, referred to in subd. (k),
    probably means the Securities Investor Protection Act of 1970, Pub.
    L. 91-598, Dec. 30, 1970, 84 Stat. 1636, as amended, which is
    classified generally to chapter 2B-1 (Sec. 78aaa et seq.) of Title
    15, Commerce and Trade. For complete classification of this Act to
    the Code, see section 78aaa of Title 15 and Tables.
                               1984 AMENDMENT
      Subd. (n). Pub. L. 98-353 added subd. (n).
                               1983 AMENDMENT
      Subd. (f). Pub. L. 98-91 inserted '', or some other person as the
    Court may direct,'' after ''clerk''.
 
-MISC2-
                      EFFECTIVE DATE OF 1984 AMENDMENT
      Amendment by Pub. L. 98-353 effective with respect to cases filed
    90 days after July 10, 1984, see section 552(a) of Pub. L. 98-353,
    set out as a note under section 101 of this title.
                      EFFECTIVE DATE OF 1983 AMENDMENT
      Section 1 of Pub. L. 98-91 provided: ''That Rule 2002(f) of the
    Bankruptcy Rules, as proposed by the United States Supreme Court in
    the order of April 25, 1983, of the Court, shall take effect on
    August 1, 1983, except as otherwise provided in section 2 (amending
    subd. (f) of this rule and enacting a provision set out as a note
    below).''
      Section 2(b) of Pub. L. 98-91 provided that: ''The amendment made
    by subsection (a) (amending subd. (f) of this rule) shall take
    effect on August 1, 1983.''
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 2003                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART II - OFFICERS AND ADMINISTRATION; NOTICES; MEETINGS;
         EXAMINATIONS; ELECTIONS; ATTORNEYS AND ACCOUNTANTS
 
-HEAD-
    Rule 2003. Meeting of Creditors or Equity Security Holders
 
-STATUTE-
    (a) Date and Place
      In a chapter 7 liquidation or a chapter 11 reorganization case,
    the United States trustee shall call a meeting of creditors to be
    held no fewer than 20 and no more than 40 days after the order for
    relief.  In a chapter 12 family farmer debt adjustment case, the
    United States trustee shall call a meeting of creditors to be held
    no fewer than 20 and no more than 35 days after the order for
    relief.  In a chapter 13 individual's debt adjustment case, the
    United States trustee shall call a meeting of creditors to be held
    no fewer than 20 and no more than 50 days after the order for
    relief.  If there is an appeal from or a motion to vacate the order
    for relief, or if there is a motion to dismiss the case, the United
    States trustee may set a later date for the meeting.  The meeting
    may be held at a regular place for holding court or at any other
    place designated by the United States trustee within the district
    convenient for the parties in interest.  If the United States
    trustee designates a place for the meeting which is not regularly
    staffed by the United States trustee or an assistant who may
    preside at the meeting, the meeting may be held not more than 60
    days after the order for relief.
    (b) Order of Meeting
      (1) Meeting of Creditors. The United States trustee shall preside
    at the meeting of creditors.  The business of the meeting shall
    include the examination of the debtor under oath and, in a chapter
    7 liquidation case, may include the election of a trustee or of a
    creditors' committee.  The presiding officer shall have the
    authority to administer oaths.
      (2) Meeting of Equity Security Holders. If the United States
    trustee convenes a meeting of equity security holders pursuant to
    Sec. 341(b) of the Code, the United States trustee shall fix a date
    for the meeting and shall preside.
      (3) Right To Vote. In a chapter 7 liquidation case, a creditor is
    entitled to vote at a meeting if, at or before the meeting, the
    creditor has filed a proof of claim or a writing setting forth
    facts evidencing a right to vote pursuant to Sec. 702(a) of the
    Code unless objection is made to the claim or the proof of claim is
    insufficient on its face.  A creditor of a partnership may file a
    proof of claim or writing evidencing a right to vote for the
    trustee for the estate of the general partner notwithstanding that
    a trustee for the estate of the partnership has previously
    qualified.  In the event of an objection to the amount or
    allowability of a claim for the purpose of voting, unless the court
    orders otherwise, the United States trustee shall tabulate the
    votes for each alternative presented by the dispute and, if
    resolution of such dispute is necessary to determine the result of
    the election, the tabulations for each alternative shall be
    reported to the court.
    (c) Record of Meeting
      Any examination under oath at the meeting of creditors held
    pursuant to Sec. 341(a) of the Code shall be recorded verbatim by
    the United States trustee using electronic sound recording
    equipment or other means of recording, and such record shall be
    preserved by the United States trustee and available for public
    access until two years after the conclusion of the meeting of
    creditors.  Upon request of any entity, the United States trustee
    shall certify and provide a copy or transcript of such recording at
    the entity's expense.
    (d) Report of Election and Resolution of Disputes in a Chapter 7
        Case
      (1) Report of Undisputed Election. In a chapter 7 case, if the
    election of a trustee or a member of a creditors' committee is not
    disputed, the United States trustee shall promptly file a report of
    the election, including the name and address of the person or
    entity elected and a statement that the election is undisputed.
      (2) Disputed Election. If the election is disputed, the United
    States trustee shall promptly file a report stating that the
    election is disputed, informing the court of the nature of the
    dispute, and listing the name and address of any candidate elected
    under any alternative presented by the dispute.  No later than the
    date on which the report is filed, the United States trustee shall
    mail a copy of the report to any party in interest that has made a
    request to receive a copy of the report.  Pending disposition by
    the court of a disputed election for trustee, the interim trustee
    shall continue in office.  Unless a motion for the resolution of
    the dispute is filed no later than 10 days after the United States
    trustee files a report of a disputed election for trustee, the
    interim trustee shall serve as trustee in the case.
    (e) Adjournment
      The meeting may be adjourned from time to time by announcement at
    the meeting of the adjourned date and time without further written
    notice.
    (f) Special Meetings
      The United States trustee may call a special meeting of creditors
    on request of a party in interest or on the United States trustee's
    own initiative.
    (g) Final Meeting
      If the United States trustee calls a final meeting of creditors
    in a case in which the net proceeds realized exceed $1,500, the
    clerk shall mail a summary of the trustee's final account to the
    creditors with a notice of the meeting, together with a statement
    of the amount of the claims allowed.  The trustee shall attend the
    final meeting and shall, if requested, report on the administration
    of the estate.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987; Apr. 30, 1991, eff.
    Aug. 1, 1991; Apr. 22, 1993, eff.  Aug. 1, 1993; Apr. 26, 1999,
    eff.  Dec. 1, 1999.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      Section 341(a) of the Code requires a meeting of creditors in a
    chapter 7, 11 or 13 case, and Sec. 341(b) permits the court to
    order a meeting of equity security holders.  A major change from
    prior law, however, prohibits the judge from attending or presiding
    over the meeting.  Section 341(c).
      This rule does not apply either in a case for the reorganization
    of a railroad or for the adjustment of debts of a municipality.
    Sections 1161 and 901 render Sec. 341 and 343 inapplicable in these
    types of cases.  Section 341 sets the requirement for a meeting of
    creditors and Sec. 343 provides for the examination of the debtor.
      Subdivision (a). The meeting is to be held between 20 and 40 days
    after the date of the order for relief.  In a voluntary case, the
    date of the order for relief is the date of the filing of the
    petition (Sec. 301 of the Code); in an involuntary case, it is the
    date of an actual order (Sec. 303(i) of the Code).
      Subdivision (b) provides flexibility as to who will preside at
    the meeting of creditors.  The court may designate a person to
    serve as presiding officer, such as the interim trustee appointed
    under Sec. 701 of the Code. If the court does not designate anyone,
    the clerk will preside.  In either case, creditors may elect a
    person of their own choosing.  In any event, the clerk may remain
    to record the proceedings and take appearances.  Use of the clerk
    is not contrary to the legislative policy of Sec. 341(c). The judge
    remains insulated from any information coming forth at the meeting
    and any information obtained by the clerk must not be relayed to
    the judge.
      Although the clerk may preside at the meeting, the clerk is not
    performing any kind of judicial role, nor should the clerk give any
    semblance of performing such a role.  It would be pretentious for
    the clerk to ascend the bench, don a robe or be addressed as ''your
    honor''.  The clerk should not appear to parties or others as any
    type of judicial officer.
      In a chapter 11 case, if a committee of unsecured creditors has
    been appointed pursuant to Sec. 1102(a)(1) of the Code and a
    chairman has been selected, the chairman will preside or a person,
    such as the attorney for the committee, may be designated to
    preside by the chairman.
      Since the judge must fix the bond of the trustee but cannot be
    present at the meeting, the rule allows the creditors to recommend
    the amount of the bond.  They should be able to obtain relevant
    information concerning the extent of assets of the debtor at the
    meeting.
      Paragraph (1) authorizes the presiding officer to administer
    oaths.  This is important because the debtor's examination must be
    under oath.
      Paragraph (3) of subdivision (b) has application only in a
    chapter 7 case.  That is the only type of case under the Code that
    permits election of a trustee or committee.  In all other cases, no
    vote is taken at the meeting of creditors.  If it is necessary for
    the court to make a determination with respect to a claim, the
    meeting may be adjourned until the objection or dispute is
    resolved.
      The second sentence recognizes that partnership creditors may
    vote for a trustee of a partner's estate along with the separate
    creditors of the partner.  Although Sec. 723(c) gives the trustee
    of a partnership a claim against a partner's estate for the full
    amount of partnership creditors' claims allowed, the purpose and
    function of this provision are to simplify distribution and prevent
    double proof, not to disfranchise partnership creditors in electing
    a trustee of an estate against which they hold allowable claims.
      Subdivision (c) requires minutes and a record of the meeting to
    be maintained by the presiding officer.  A verbatim record must be
    made of the debtor's examination but the rule is flexible as to the
    means used to record the examination.
      Subdivision (d) recognizes that the court must be informed
    immediately about the election or nonelection of a trustee in a
    chapter 7 case.  Pursuant to Rule 2008, the clerk officially
    informs the trustee of his election or appointment and how he is to
    qualify.  The presiding person has no authority to resolve a
    disputed election.
      For purposes of expediency, the results of the election should be
    obtained for each alternative presented by the dispute and
    immediately reported to the court.  Thus, when an interested party
    presents the dispute to the court, its prompt resolution by the
    court will determine the dispute and a new or adjourned meeting to
    conduct the election may be avoided.  The clerk is not an
    interested party.
      A creditors' committee may be elected only in a chapter 7 case.
    In chapter 11 cases, a creditors' committee is appointed pursuant
    to Sec. 1102.
      While a final meeting is not required, Rule 2002(f)(10) provides
    for the trustee's final account to be sent to creditors.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT
      Subdivision (a). Many courts schedule meetings of creditors at
    various locations in the district.  Because the clerk must schedule
    meetings at those locations, an additional 20 days for scheduling
    the meetings is provided under the amended rule.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      The amendment to subdivision (a) relating to the calling of the
    meeting of creditors in a chapter 12 case is consistent with the
    expedited procedures of chapter 12. Subdivision (a) is also amended
    to clarify that the United States trustee does not call a meeting
    of creditors in a chapter 9 case.  Pursuant to Sec. 901(a) of the
    Code, Sec. 341 is inapplicable in chapter 9 cases.  The other
    amendments to subdivisions (a), (b)(1), and (b)(2) and the
    additions of subdivisions (f) and (g) are derived from Rule X-1006
    and conform to the 1986 amendments to Sec. 341 of the Code. The
    second sentence of subdivision (b)(3) is amended because Rule
    2009(e) is abrogated.  Although the United States trustee fixes the
    date for the meeting, the clerk of the bankruptcy court transmits
    the notice of the meeting unless the court orders otherwise, as
    prescribed in Rule 2002(a)(1).
      Pursuant to Sec. 702 and Sec. 705 of the Code, creditors may
    elect a trustee and a committee in a chapter 7 case.  Subdivision
    (b) of this rule provides that the United States trustee shall
    preside over any election that is held under those sections.  The
    deletion of the last sentence of subdivision (b)(1) does not
    preclude creditors from recommending to the United States trustee
    the amount of the trustee's bond when a trustee is elected.
    Trustees and committees are not elected in chapter 11, 12, and 13
    cases.
      If an election is disputed, the United States trustee shall not
    resolve the dispute.  For purposes of expediency, the United States
    trustee shall tabulate the results of the election for each
    alternative presented by the dispute.  However, if the court finds
    that such tabulation is not feasible under the circumstances, the
    United States trustee need not tabulate the votes.  If such
    tabulation is feasible and if the disputed vote or votes would
    affect the result of the election, the tabulations of votes for
    each alternative presented by the dispute shall be reported to the
    court.  If a motion is made for resolution of the dispute in
    accordance with subdivision (d) of this rule, the court will
    determine the issue and another meeting to conduct the election may
    not be necessary.
      Subdivisions (f) and (g) are derived from Rule X-1006(d) and (e),
    except that the amount is increased to $1,500 to conform to the
    amendment to Rule 2002(f).
           NOTES OF ADVISORY COMMITTEE ON RULES - 1993 AMENDMENT
      Subdivision (a) is amended to extend by ten days the time for
    holding the meeting of creditors in a chapter 13 case.  This
    extension will provide more flexibility for scheduling the meeting
    of creditors.  Other amendments are stylistic and make no
    substantive change.
                 COMMITTEE NOTES ON RULES - 1999 AMENDMENT
      Subdivision (d) is amended to require the United States trustee
    to mail a copy of a report of a disputed election to any party in
    interest that has requested a copy of it.  Also, if the election is
    for a trustee, the rule as amended will give a party in interest
    ten days from the filing of the report, rather than from the date
    of the meeting of creditors, to file a motion to resolve the
    dispute.
      The substitution of ''United States trustee'' for ''presiding
    officer'' is stylistic.  Section 341(a) of the Code provides that
    the United States trustee shall preside at the meeting of
    creditors.  Other amendments are designed to conform to the style
    of Rule 2007.1(b)(3) regarding the election of a trustee in a
    chapter 11 case.
      GAP Report on Rule 2003. No changes since publication.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 2004                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART II - OFFICERS AND ADMINISTRATION; NOTICES; MEETINGS;
         EXAMINATIONS; ELECTIONS; ATTORNEYS AND ACCOUNTANTS
 
-HEAD-
    Rule 2004. Examination
 
-STATUTE-
    (a) Examination on Motion
      On motion of any party in interest, the court may order the
    examination of any entity.
    (b) Scope of Examination
      The examination of an entity under this rule or of the debtor
    under Sec. 343 of the Code may relate only to the acts, conduct, or
    property or to the liabilities and financial condition of the
    debtor, or to any matter which may affect the administration of the
    debtor's estate, or to the debtor's right to a discharge.  In a
    family farmer's debt adjustment case under chapter 12, an
    individual's debt adjustment case under chapter 13, or a
    reorganization case under chapter 11 of the Code, other than for
    the reorganization of a railroad, the examination may also relate
    to the operation of any business and the desirability of its
    continuance, the source of any money or property acquired or to be
    acquired by the debtor for purposes of consummating a plan and the
    consideration given or offered therefor, and any other matter
    relevant to the case or to the formulation of a plan.
    (c) Compelling Attendance and Production of Documentary Evidence
      The attendance of an entity for examination and the production of
    documentary evidence may be compelled in the manner provided in
    Rule 9016 for the attendance of witnesses at a hearing or trial.
    (d) Time and Place of Examination of Debtor
      The court may for cause shown and on terms as it may impose order
    the debtor to be examined under this rule at any time or place it
    designates, whether within or without the district wherein the case
    is pending.
    (e) Mileage
      An entity other than a debtor shall not be required to attend as
    a witness unless lawful mileage and witness fee for one day's
    attendance shall be first tendered.  If the debtor resides more
    than 100 miles from the place of examination when required to
    appear for an examination under this rule, the mileage allowed by
    law to a witness shall be tendered for any distance more than 100
    miles from the debtor's residence at the date of the filing of the
    first petition commencing a case under the Code or the residence at
    the time the debtor is required to appear for the examination,
    whichever is the lesser.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987; Apr. 30, 1991, eff.
    Aug. 1, 1991.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      Subdivision (a) of this rule is derived from former Bankruptcy
    Rule 205(a). See generally 2 Collier, Bankruptcy 343.02, 343.08,
    343.13 (15th ed. 1981). It specifies the manner of moving for an
    examination.  The motion may be heard ex parte or it may be heard
    on notice.
      Subdivision (b) is derived from former Bankruptcy Rules 205(d)
    and 11-26.
      Subdivision (c) specifies the mode of compelling attendance of a
    witness or party for an examination and for the production of
    evidence under this rule.  The subdivision is substantially
    declaratory of the practice that had developed under Sec. 21a of
    the Act. See 2 Collier, supra 343.11.
      This subdivision will be applicable for the most part to the
    examination of a person other than the debtor.  The debtor is
    required to appear at the meeting of creditors for examination.
    The word ''person'' includes the debtor and this subdivision may be
    used if necessary to obtain the debtor's attendance for
    examination.
      Subdivision (d) is derived from former Bankruptcy Rule 205(f) and
    is not a limitation on subdivision (c). Any person, including the
    debtor, served with a subpoena within the range of a subpoena must
    attend for examination pursuant to subdivision (c). Subdivision (d)
    applies only to the debtor and a subpoena need not be issued.
    There are no territorial limits on the service of an order on the
    debtor.  See, e.g., In re Totem Lodge & Country Club, Inc., 134 F.
    Supp. 158 (S.D.N.Y. 1955).
      Subdivision (e) is derived from former Bankruptcy Rule 205(g).
    The lawful mileage and fee for attendance at a United States court
    as a witness are prescribed by 28 U.S.C. Sec. 1821.
      Definition of debtor.  The word ''debtor'' as used in this rule
    includes the persons specified in the definition in Rule 9001(5).
      Spousal privilege.  The limitation on the spousal privilege
    formerly contained in Sec. 21a of the Act is not carried over in
    the Code. For privileges generally, see Rule 501 of the Federal
    Rules of Evidence made applicable in cases under the Code by Rule
    1101 thereof.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      This rule is amended to allow the examination in a chapter 12
    case to cover the same matters that may be covered in an
    examination in a chapter 11 or 13 case.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 2005                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART II - OFFICERS AND ADMINISTRATION; NOTICES; MEETINGS;
         EXAMINATIONS; ELECTIONS; ATTORNEYS AND ACCOUNTANTS
 
-HEAD-
    Rule 2005. Apprehension and Removal of Debtor to Compel Attendance
        for Examination
 
-STATUTE-
    (a) Order To Compel Attendance for Examination
      On motion of any party in interest supported by an affidavit
    alleging (1) that the examination of the debtor is necessary for
    the proper administration of the estate and that there is
    reasonable cause to believe that the debtor is about to leave or
    has left the debtor's residence or principal place of business to
    avoid examination, or (2) that the debtor has evaded service of a
    subpoena or of an order to attend for examination, or (3) that the
    debtor has willfully disobeyed a subpoena or order to attend for
    examination, duly served, the court may issue to the marshal, or
    some other officer authorized by law, an order directing the
    officer to bring the debtor before the court without unnecessary
    delay.  If, after hearing, the court finds the allegations to be
    true, the court shall thereupon cause the debtor to be examined
    forthwith.  If necessary, the court shall fix conditions for
    further examination and for the debtor's obedience to all orders
    made in reference thereto.
    (b) Removal
      Whenever any order to bring the debtor before the court is issued
    under this rule and the debtor is found in a district other than
    that of the court issuing the order, the debtor may be taken into
    custody under the order and removed in accordance with the
    following rules:
        (1) If the debtor is taken into custody under the order at a
      place less than 100 miles from the place of issue of the order,
      the debtor shall be brought forthwith before the court that
      issued the order.
        (2) If the debtor is taken into custody under the order at a
      place 100 miles or more from the place of issue of the order, the
      debtor shall be brought without unnecessary delay before the
      nearest available United States magistrate judge, bankruptcy
      judge, or district judge.  If, after hearing, the magistrate
      judge, bankruptcy judge, or district judge finds that an order
      has issued under this rule and that the person in custody is the
      debtor, or if the person in custody waives a hearing, the
      magistrate judge, bankruptcy judge, or district judge shall order
      removal, and the person in custody shall be released on
      conditions ensuring prompt appearance before the court that
      issued the order to compel the attendance.
    (c) Conditions of Release
      In determining what conditions will reasonably assure attendance
    or obedience under subdivision (a) of this rule or appearance under
    subdivision (b) of this rule, the court shall be governed by the
    provisions and policies of title 18, U.S.C., Sec. 3146(a) and (b).
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987; Apr. 22, 1993, eff.
    Aug. 1, 1993.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      This rule is derived from former Bankruptcy Rule 206. The rule
    requires the debtor to be examined as soon as possible if
    allegations of the movant for compulsory examination under this
    rule are found to be true after a hearing.  Subdivision (b)
    includes in paragraphs (1) and (2) provisions adapted from
    subdivisions (a) and (b) of Rule 40 of the Federal Rules of
    Criminal Procedure, which governs the handling of a person arrested
    in one district on a warrant issued in another.  Subdivision (c)
    incorporates by reference the features of subdivisions (a) and (b)
    of 18 U.S.C. Sec. 3146, which prescribe standards, procedures and
    factors to be considered in determining conditions of release of
    accused persons in noncapital cases prior to trial.  The word
    ''debtor'' as used in this rule includes the persons named in 
    Rule 9001(5).
      The affidavit required to be submitted in support of the motion
    may be subscribed by the unsworn declaration provided for in 28
    U.S.C. Sec. 1746.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1993 AMENDMENT
      Subdivision (b)(2) is amended to conform to Sec. 321 of the
    Judicial Improvements Act of 1990, Pub. L. No. 101-650, which
    changed the title of ''United States magistrate'' to ''United
    States magistrate judge.'' Other amendments are stylistic and make
    no substantive change.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 2006                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART II - OFFICERS AND ADMINISTRATION; NOTICES; MEETINGS;
         EXAMINATIONS; ELECTIONS; ATTORNEYS AND ACCOUNTANTS
 
-HEAD-
    Rule 2006. Solicitation and Voting of Proxies in Chapter 7
        Liquidation Cases
 
-STATUTE-
    (a) Applicability
      This rule applies only in a liquidation case pending under
    chapter 7 of the Code.
    (b) Definitions
      (1) Proxy. A proxy is a written power of attorney authorizing any
    entity to vote the claim or otherwise act as the owner's attorney
    in fact in connection with the administration of the estate.
      (2) Solicitation of Proxy. The solicitation of a proxy is any
    communication, other than one from an attorney to a regular client
    who owns a claim or from an attorney to the owner of a claim who
    has requested the attorney to represent the owner, by which a
    creditor is asked, directly or indirectly, to give a proxy after or
    in contemplation of the filing of a petition by or against the
    debtor.
    (c) Authorized Solicitation
      (1) A proxy may be solicited only by (A) a creditor owning an
    allowable unsecured claim against the estate on the date of the
    filing of the petition; (B) a committee elected pursuant to Sec.
    705 of the Code; (C) a committee of creditors selected by a
    majority in number and amount of claims of creditors (i) whose
    claims are not contingent or unliquidated, (ii) who are not
    disqualified from voting under Sec. 702(a) of the Code and (iii)
    who were present or represented at a meeting of which all creditors
    having claims of over $500 or the 100 creditors having the largest
    claims had at least five days notice in writing and of which
    meeting written minutes were kept and are available reporting the
    names of the creditors present or represented and voting and the
    amounts of their claims; or (D) a bona fide trade or credit
    association, but such association may solicit only creditors who
    were its members or subscribers in good standing and had allowable
    unsecured claims on the date of the filing of the petition.
      (2) A proxy may be solicited only in writing.
    (d) Solicitation Not Authorized
      This rule does not permit solicitation (1) in any interest other
    than that of general creditors; (2) by or on behalf of any
    custodian; (3) by the interim trustee or by or on behalf of any
    entity not qualified to vote under Sec. 702(a) of the Code; (4) by
    or on behalf of an attorney at law; or (5) by or on behalf of a
    transferee of a claim for collection only.
    (e) Data Required From Holders of Multiple Proxies
      At any time before the voting commences at any meeting of
    creditors pursuant to Sec. 341(a) of the Code, or at any other time
    as the court may direct, a holder of two or more proxies shall file
    and transmit to the United States trustee a verified list of the
    proxies to be voted and a verified statement of the pertinent facts
    and circumstances in connection with the execution and delivery of
    each proxy, including:
        (1) a copy of the solicitation;
        (2) identification of the solicitor, the forwarder, if the
      forwarder is neither the solicitor nor the owner of the claim,
      and the proxyholder, including their connections with the debtor
      and with each other.  If the solicitor, forwarder, or proxyholder
      is an association, there shall also be included a statement that
      the creditors whose claims have been solicited and the creditors
      whose claims are to be voted were members or subscribers in good
      standing and had allowable unsecured claims on the date of the
      filing of the petition.  If the solicitor, forwarder, or
      proxyholder is a committee of creditors, the statement shall also
      set forth the date and place the committee was organized, that
      the committee was organized in accordance with clause (B) or (C)
      of paragraph (c)(1) of this rule, the members of the committee,
      the amounts of their claims, when the claims were acquired, the
      amounts paid therefor, and the extent to which the claims of the
      committee members are secured or entitled to priority;
        (3) a statement that no consideration has been paid or promised
      by the proxyholder for the proxy;
        (4) a statement as to whether there is any agreement and, if
      so, the particulars thereof, between the proxyholder and any
      other entity for the payment of any consideration in connection
      with voting the proxy, or for the sharing of compensation with
      any entity, other than a member or regular associate of the
      proxyholder's law firm, which may be allowed the trustee or any
      entity for services rendered in the case, or for the employment
      of any person as attorney, accountant, appraiser, auctioneer, or
      other employee for the estate;
        (5) if the proxy was solicited by an entity other than the
      proxyholder, or forwarded to the holder by an entity who is
      neither a solicitor of the proxy nor the owner of the claim, a
      statement signed and verified by the solicitor or forwarder that
      no consideration has been paid or promised for the proxy, and
      whether there is any agreement, and, if so, the particulars
      thereof, between the solicitor or forwarder and any other entity
      for the payment of any consideration in connection with voting
      the proxy, or for sharing compensation with any entity other than
      a member or regular associate of the solicitor's or forwarder's
      law firm which may be allowed the trustee or any entity for
      services rendered in the case, or for the employment of any
      person as attorney, accountant, appraiser, auctioneer, or other
      employee for the estate;
        (6) if the solicitor, forwarder, or proxyholder is a committee,
      a statement signed and verified by each member as to the amount
      and source of any consideration paid or to be paid to such member
      in connection with the case other than by way of dividend on the
      member's claim.
    (f) Enforcement of Restrictions on Solicitation
      On motion of any party in interest or on its own initiative, the
    court may determine whether there has been a failure to comply with
    the provisions of this rule or any other impropriety in connection
    with the solicitation or voting of a proxy.  After notice and a
    hearing the court may reject any proxy for cause, vacate any order
    entered in consequence of the voting of any proxy which should have
    been rejected, or take any other appropriate action.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987; Apr. 30, 1991, eff.
    Aug. 1, 1991.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      This rule is a comprehensive regulation of solicitation and
    voting of proxies in liquidation cases.  It is derived from former
    Bankruptcy Rule 208. The rule applies only in chapter 7 cases
    because no voting occurs, other than on a plan, in a chapter 11
    case.  Former Bankruptcy Rule 208 did not apply to solicitations of
    acceptances of plans.
      Creditor control was a basic feature of the Act and is continued,
    in part, by the Code. Creditor democracy is perverted and the
    congressional objective frustrated, however, if control of
    administration falls into the hands of persons whose principal
    interest is not in what the estate can be made to yield to the
    unsecured creditors but in what it can yield to those involved in
    its administration or in other ulterior objectives.
      Subdivision (b). The definition of proxy in the first paragraph
    of subdivision (b) is derived from former Bankruptcy Rule 208.
      Subdivision (c). The purpose of the rule is to protect creditors
    against loss of control of administration of their debtors' estates
    to holders of proxies having interests that differ from those of
    the creditors.  The rule does not prohibit solicitation but
    restricts it to those who were creditors at the commencement of the
    case or their freely and fairly selected representatives.  The
    special role occupied by credit and trade associations is
    recognized in the last clause of subdivision (c)(1). On the
    assumption that members or subscribers may have affiliated with an
    association in part for the purpose of obtaining its services as a
    representative in liquidation proceedings, an established
    association is authorized to solicit its own members, or its
    regular customers or clients, who were creditors on the date of the
    filing of the petition.  Although the association may not solicit
    nonmembers or nonsubscribers for proxies, it may sponsor a meeting
    of creditors at which a committee entitled to solicit proxies may
    be selected in accordance with clause (C) of subdivision (c)(1).
      Under certain circumstances, the relationship of a creditor,
    creditors' committee, or association to the estate or the case may
    be such as to warrant rejection of any proxy solicited by such a
    person or group.  Thus a person who is forbidden by the Code to
    vote his own claim should be equally disabled to solicit proxies
    from creditors.  Solicitation by or on behalf of the debtor has
    been uniformly condemned, e.g., In re White, 15 F.2d 371 (9th Cir.
    1926), as has solicitation on behalf of a preferred creditor,
    Matter of Law, 13 Am.B.R. 650 (S.D. Ill. 1905). The prohibition on
    solicitation by a receiver or his attorney made explicit by General
    Order 39 has been collaterally supported by rulings rejecting
    proxies solicited by a receiver in equity, In re Western States
    Bldg.-Loan Ass'n, 54 F.2d 415 (S.D. Cal. 1931), and by an assignee
    for the benefit of creditors, Lines v.  Falstaff Brewing Co., 233
    F.2d 927 (9th Cir. 1956).
      Subdivision (d) prohibits solicitation by any person or group
    having a relationship described in the preceding paragraph.  It
    also makes no exception for attorneys or transferees of claims for
    collection.  The rule does not undertake to regulate communications
    between an attorney and his regular client or between an attorney
    and a creditor who has asked the attorney to represent him in a
    proceeding under the Code, but any other communication by an
    attorney or any other person or group requesting a proxy from the
    owner of a claim constitutes a regulated solicitation.
    Solicitation by an attorney of a proxy from a creditor who was not
    a client prior to the solicitation is objectionable not only as
    unethical conduct as recognized by such cases as In the Matter of
    Darland Company, 184 F. Supp. 760 (S.D. Iowa 1960) but also and
    more importantly because the practice carries a substantial risk
    that administration will fall into the hands of those whose
    interest is in obtaining fees from the estate rather than securing
    dividends for creditors.  The same risk attaches to solicitation by
    the holder of a claim for collection only.
      Subdivision (e). The regulation of solicitation and voting of
    proxies is achieved by the rule principally through the imposition
    of requirements of disclosure on the holders of two or more
    proxies.  The disclosures must be made to the clerk before the
    meeting at which the proxies are to be voted to afford the clerk or
    a party in interest an opportunity to examine the circumstances
    accompanying the acquisition of the proxies in advance of any
    exercise of the proxies.  In the light of the examination the clerk
    or a party in interest should bring to the attention of the judge
    any question that arises and the judge may permit the proxies that
    comply with the rule to be voted and reject those that do not
    unless the holders can effect or establish compliance in such
    manner as the court shall prescribe.  The holders of single proxies
    are excused from the disclosure requirements because of the
    insubstantiality of the risk that such proxies have been solicited,
    or will be voted, in an interest other than that of general
    creditors.
      Every holder of two or more proxies must include in the
    submission a verified statement that no consideration has been paid
    or promised for the proxy, either by the proxyholder or the
    solicitor or any forwarder of the proxy.  Any payment or promise of
    consideration for a proxy would be conclusive evidence of a purpose
    to acquire control of the administration of an estate for an
    ulterior purpose.  The holder of multiple proxies must also include
    in the submission a verified statement as to whether there is any
    agreement by the holder, the solicitor, or any forwarder of the
    proxy for the employment of any person in the administration of an
    estate or for the sharing of any compensation allowed in connection
    with the administration of the estate.  The provisions requiring
    these statements implement the policy of the Code expressed in Sec.
    504 as well as the policy of this rule to deter the acquisition of
    proxies for the purpose of obtaining a share in the outlays for
    administration.  Finally the facts as to any consideration moving
    or promised to any member of a committee which functions as a
    solicitor, forwarder, or proxyholder must be disclosed by the
    proxyholder.  Such information would be of significance to the
    court in evaluating the purpose of the committee in obtaining,
    transmitting, or voting proxies.
      Subdivision (f) has counterparts in the local rules referred to
    in the Advisory Committee's Note to former Bankruptcy Rule 208.
    Courts have been accorded a wide range of discretion in the
    handling of disputes involving proxies.  Thus the referee was
    allowed to reject proxies and to proceed forthwith to hold a
    scheduled election at the same meeting.  E.g., In re Portage
    Wholesale Co., 183 F.2d 959 (7th Cir. 1950); In re McGill, 106 Fed.
    57 (6th Cir. 1901); In re Deena Woolen Mills, Inc., 114 F. Supp.
    260, 273 (D. Me. 1953); In re Finlay, 3 Am.B.R. 738 (S.D.N.Y.
    1900). The bankruptcy judge may postpone an election to permit a
    determination of issues presented by a dispute as to proxies and to
    afford those creditors whose proxies are rejected an opportunity to
    give new proxies or to attend an adjourned meeting to vote their
    own claims.  Cf. In the Matter of Lenrick Sales, Inc., 369 F.2d
    439, 442-43 (3d Cir.), cert. denied, 389 U.S. 822 (1967); In the
    Matter of Construction Supply Corp. 221 F. Supp. 124, 128 (E.D. Va.
    1963). This rule is not intended to restrict the scope of the
    court's discretion in the handling of disputes as to proxies.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      This rule is amended to give the United States trustee
    information in connection with proxies so that the United States
    trustee may perform responsibilities as presiding officer at the
    Sec. 341 meeting of creditors.  See Rule 2003.
      The words ''with the clerk'' are deleted as unnecessary.  See
    Rules 5005(a) and 9001(3).
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 2007                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART II - OFFICERS AND ADMINISTRATION; NOTICES; MEETINGS;
         EXAMINATIONS; ELECTIONS; ATTORNEYS AND ACCOUNTANTS
 
-HEAD-
    Rule 2007. Review of Appointment of Creditors' Committee Organized
        Before Commencement of the Case
 
-STATUTE-
    (a) Motion To Review Appointment
      If a committee appointed by the United States trustee pursuant to
    Sec. 1102(a) of the Code consists of the members of a committee
    organized by creditors before the commencement of a chapter 9 or
    chapter 11 case, on motion of a party in interest and after a
    hearing on notice to the United States trustee and other entities
    as the court may direct, the court may determine whether the
    appointment of the committee satisfies the requirements of Sec.
    1102(b)(1) of the Code.
    (b) Selection of Members of Committee
      The court may find that a committee organized by unsecured
    creditors before the commencement of a chapter 9 or chapter 11 case
    was fairly chosen if:
        (1) it was selected by a majority in number and amount of
      claims of unsecured creditors who may vote under Sec. 702(a) of
      the Code and were present in person or represented at a meeting
      of which all creditors having unsecured claims of over $1,000 or
      the 100 unsecured creditors having the largest claims had at
      least five days notice in writing, and of which meeting written
      minutes reporting the names of the creditors present or
      represented and voting and the amounts of their claims were kept
      and are available for inspection;
        (2) all proxies voted at the meeting for the elected committee
      were solicited pursuant to Rule 2006 and the lists and statements
      required by subdivision (e) thereof have been transmitted to the
      United States trustee; and
        (3) the organization of the committee was in all other respects
      fair and proper.
    (c) Failure To Comply With Requirements for Appointment
      After a hearing on notice pursuant to subdivision (a) of this
    rule, the court shall direct the United States trustee to vacate
    the appointment of the committee and may order other appropriate
    action if the court finds that such appointment failed to satisfy
    the requirements of Sec. 1102(b)(1) of the Code.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987; Apr. 30, 1991, eff.
    Aug. 1, 1991.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      Section 1102(b)(1) of the Code permits the court to appoint as
    the unsecured creditors' committee, the committee that was selected
    by creditors before the order for relief.  This provision
    recognizes the propriety of continuing a ''prepetition'' committee
    in an official capacity.  Such a committee, however, must be found
    to have been fairly chosen and representative of the different
    kinds of claims to be represented.
      Subdivision (a) does not necessarily require a hearing but does
    require a party in interest to bring to the court's attention the
    fact that a prepetition committee had been organized and should be
    appointed.  An application would suffice for this purpose.  Party
    in interest would include the committee, any member of the
    committee, or any of its agents acting for the committee.  Whether
    or not notice of the application should be given to any other party
    is left to the discretion of the court.
      Subdivision (b) implements Sec. 1102(b)(1). The Code provision
    allows the court to appoint, as the official Sec. 1102(a)
    committee, a ''prepetition'' committee if its members were fairly
    chosen and the committee is representative of the different kinds
    of claims.  This subdivision of the rule indicates some of the
    factors the court may consider in determining whether the
    requirements of Sec. 1102(b)(1) have been satisfied.  In effect,
    the subdivision provides various factors which are similar to those
    set forth in Rule 2006 with respect to the solicitation and voting
    of proxies in a chapter 7 liquidation case.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT
      The rule is amended to conform to the 1984 amendments to Sec.
    1102(b)(1) of the Code.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      This rule is amended to conform to the 1986 amendments to Sec.
    1102(a). The United States trustee appoints committees pursuant to
    Sec. 1102 in chapter 11 cases.  Section 1102 is applicable in
    chapter 9 cases pursuant to Sec. 901(a).
      Although Sec. 1102(b)(1) of the Code permits the United States
    trustee to appoint a prepetition committee as the statutory
    committee if its members were fairly chosen and it is
    representative of the different kinds of claims to be represented,
    the amendment to this rule provides a procedure for judicial review
    of the appointment.  The factors that may be considered by the
    court in determining whether the committee was fairly chosen are
    not new.  A finding that a prepetition committee has not been
    fairly chosen does not prohibit the appointment of some or all of
    its members to the creditors' committee.  Although this rule deals
    only with judicial review of the appointment of prepetition
    committees, it does not preclude judicial review under Rule 2020
    regarding the appointment of other committees.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 2007.1               01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART II - OFFICERS AND ADMINISTRATION; NOTICES; MEETINGS;
         EXAMINATIONS; ELECTIONS; ATTORNEYS AND ACCOUNTANTS
 
-HEAD-
    Rule 2007.1. Appointment of Trustee or Examiner in a Chapter 11
        Reorganization Case
 
-STATUTE-
    (a) Order To Appoint Trustee or Examiner
      In a chapter 11 reorganization case, a motion for an order to
    appoint a trustee or an examiner under Sec. 1104(a) or Sec. 1104(c)
    of the Code shall be made in accordance with Rule 9014.
    (b) Election of Trustee
      (1) Request for an Election. A request to convene a meeting of
    creditors for the purpose of electing a trustee in a chapter 11
    reorganization case shall be filed and transmitted to the United
    States trustee in accordance with Rule 5005 within the time
    prescribed by Sec. 1104(b) of the Code. Pending court approval of
    the person elected, any person appointed by the United States
    trustee under Sec. 1104(d) and approved in accordance with
    subdivision (c) of this rule shall serve as trustee.
      (2) Manner of Election and Notice. An election of a trustee under
    Sec. 1104(b) of the Code shall be conducted in the manner provided
    in Rules 2003(b)(3) and 2006. Notice of the meeting of creditors
    convened under Sec. 1104(b) shall be given as provided in 
    Rule 2002. The United States trustee shall preside at the meeting.  A
    proxy for the purpose of voting in the election may be solicited
    only by a committee of creditors appointed under Sec. 1102 of the
    Code or by any other party entitled to solicit a proxy pursuant to
    Rule 2006.
      (3) Report of Election and Resolution of Disputes.
        (A) Report of Undisputed Election. If the election is not
      disputed, the United States trustee shall promptly file a report
      of the election, including the name and address of the person
      elected and a statement that the election is undisputed.  The
      United States trustee shall file with the report an application
      for approval of the appointment in accordance with subdivision
      (c) of this rule.  The report constitutes appointment of the
      elected person to serve as trustee, subject to court approval, as
      of the date of entry of the order approving the appointment.
        (B) Disputed Election. If the election is disputed, the United
      States trustee shall promptly file a report stating that the
      election is disputed, informing the court of the nature of the
      dispute, and listing the name and address of any candidate
      elected under any alternative presented by the dispute.  The
      report shall be accompanied by a verified statement by each
      candidate elected under each alternative presented by the
      dispute, setting forth the person's connections with the debtor,
      creditors, any other party in interest, their respective
      attorneys and accountants, the United States trustee, and any
      person employed in the office of the United States trustee.  Not
      later than the date on which the report of the disputed election
      is filed, the United States trustee shall mail a copy of the
      report and each verified statement to any party in interest that
      has made a request to convene a meeting under Sec. 1104(b) or to
      receive a copy of the report, and to any committee appointed
      under Sec. 1102 of the Code. Unless a motion for the resolution
      of the dispute is filed not later than 10 days after the United
      States trustee files the report, any person appointed by the
      United States trustee under Sec. 1104(d) and approved in
      accordance with subdivision (c) of this rule shall serve as
      trustee.  If a motion for the resolution of the dispute is timely
      filed, and the court determines the result of the election and
      approves the person elected, the report will constitute
      appointment of the elected person as of the date of entry of the
      order approving the appointment.
    (c) Approval of Appointment
      An order approving the appointment of a trustee elected under
    Sec. 1104(b) or appointed under Sec. 1104(d), or the appointment of
    an examiner under Sec. 1104(d) of the Code, shall be made on
    application of the United States trustee.  The application shall
    state the name of the person appointed and, to the best of the
    applicant's knowledge, all the person's connections with the
    debtor, creditors, any other parties in interest, their respective
    attorneys and accountants, the United States trustee, and persons
    employed in the office of the United States trustee.  Unless the
    person has been elected under Sec. 1104(b), the application shall
    state the names of the parties in interest with whom the United
    States trustee consulted regarding the appointment.  The
    application shall be accompanied by a verified statement of the
    person appointed setting forth the person's connections with the
    debtor, creditors, any other party in interest, their respective
    attorneys and accountants, the United States trustee, and any
    person employed in the office of the United States trustee.
 
-SOURCE-
    (Added Apr. 30, 1991, eff.  Aug. 1, 1991; amended Apr. 11, 1997,
    eff.  Dec. 1, 1997.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1991
      This rule is added to implement the 1986 amendments to Sec. 1104
    of the Code regarding the appointment of a trustee or examiner in a
    chapter 11 case.  A motion for an order to appoint a trustee or
    examiner is a contested matter.  Although the court decides whether
    the appointment is warranted under the particular facts of the
    case, it is the United States trustee who makes the appointment
    pursuant to Sec. 1104(c) of the Code. The appointment is subject to
    approval of the court, however, which may be obtained by
    application of the United States trustee.  Section 1104(c) of the
    Code requires that the appointment be made after consultation with
    parties in interest and that the person appointed be disinterested.
      The requirement that connections with the United States trustee
    or persons employed in the United States trustee's office be
    revealed is not intended to enlarge the definition of
    ''disinterested person'' in Sec. 101(13) of the Code, to supersede
    executive regulations or other laws relating to appointments by
    United States trustees, or to otherwise restrict the United States
    trustee's discretion in making appointments.  This information is
    required, however, in the interest of full disclosure and
    confidence in the appointment process and to give the court all
    information that may be relevant to the exercise of judicial
    discretion in approving the appointment of a trustee or examiner in
    a chapter 11 case.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1997 AMENDMENT
      This rule is amended to implement the 1994 amendments to Sec.
    1104 of the Code regarding the election of a trustee in a chapter
    11 case.
      Eligibility for voting in an election for a chapter 11 trustee is
    determined in accordance with Rule 2003(b)(3). Creditors whose
    claims are deemed filed under Sec. 1111(a) are treated for voting
    purposes as creditors who have filed proofs of claim.
      Proxies for the purpose of voting in the election may be
    solicited only by a creditors' committee appointed under Sec. 1102
    or by any other party entitled to solicit proxies pursuant to 
    Rule 2006. Therefore, a trustee or examiner who has served in the case,
    or a committee of equity security holders appointed under Sec.
    1102, may not solicit proxies.
      The procedures for reporting disputes to the court derive from
    similar provisions in Rule 2003(d) applicable to chapter 7 cases.
    An election may be disputed by a party in interest or by the United
    States trustee.  For example, if the United States trustee believes
    that the person elected is ineligible to serve as trustee because
    the person is not ''disinterested,'' the United States trustee
    should file a report disputing the election.
      The word ''only'' is deleted from subdivision (b), redesignated
    as subdivision (c), to avoid any negative inference with respect to
    the availability of procedures for obtaining review of the United
    States trustee's acts or failure to act pursuant to Rule 2020.
      GAP Report on Rule 2017.1. The published draft of proposed new
    subdivision (b)(3) of Rule 2017.1 (2007.1), and the Committee Note,
    was substantially revised to implement Mr. Patchan's
    recommendations (described above), to clarify how a disputed
    election will be reported, and to make stylistic improvements.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 2008                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART II - OFFICERS AND ADMINISTRATION; NOTICES; MEETINGS;
         EXAMINATIONS; ELECTIONS; ATTORNEYS AND ACCOUNTANTS
 
-HEAD-
    Rule 2008. Notice to Trustee of Selection
 
-STATUTE-
      The United States trustee shall immediately notify the person
    selected as trustee how to qualify and, if applicable, the amount
    of the trustee's bond.  A trustee that has filed a blanket bond
    pursuant to Rule 2010 and has been selected as trustee in a chapter
    7, chapter 12, or chapter 13 case that does not notify the court
    and the United States trustee in writing of rejection of the office
    within five days after receipt of notice of selection shall be
    deemed to have accepted the office.  Any other person selected as
    trustee shall notify the court and the United States trustee in
    writing of acceptance of the office within five days after receipt
    of notice of selection or shall be deemed to have rejected the
    office.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987; Apr. 30, 1991, eff.
    Aug. 1, 1991.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      This rule is adapted from former Bankruptcy Rule 209(c). The
    remainder of that rule is inapplicable because its provisions are
    covered by Sec. 701-703, 321 of the Code.
      If the person selected as trustee accepts the office, he must
    qualify within five days after his selection, as required by Sec.
    322(a) of the Code.
      In districts having a standing trustee for chapter 13 cases, a
    blanket acceptance of the appointment would be sufficient for
    compliance by the standing trustee with this rule.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT
      The rule is amended to eliminate the need for a standing chapter
    13 trustee or member of the panel of chapter 7 trustees to accept
    or reject an appointment.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      The amendments to this rule relating to the United States trustee
    are derived from Rule X-1004(a) and conform to the 1986 amendments
    to the Code and 28 U.S.C. Sec. 586 which provide that the United
    States trustee appoints and supervises trustees, and in a chapter 7
    case presides over any election of a trustee.  This rule applies
    when a trustee is either appointed or elected.  This rule is also
    amended to provide for chapter 12 cases.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 2009                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART II - OFFICERS AND ADMINISTRATION; NOTICES; MEETINGS;
         EXAMINATIONS; ELECTIONS; ATTORNEYS AND ACCOUNTANTS
 
-HEAD-
    Rule 2009. Trustees for Estates When Joint Administration Ordered
 
-STATUTE-
    (a) Election of Single Trustee for Estates Being Jointly
        Administered
      If the court orders a joint administration of two or more estates
    pursuant to Rule 1015(b), creditors may elect a single trustee for
    the estates being jointly administered.
    (b) Right of Creditors To Elect Separate Trustee
      Notwithstanding entry of an order for joint administration
    pursuant to Rule 1015(b) the creditors of any debtor may elect a
    separate trustee for the estate of the debtor as provided in Sec.
    702 of the Code.
    (c) Appointment of Trustees for Estates Being Jointly Administered
      (1) Chapter 7 Liquidation Cases. The United States trustee may
    appoint one or more interim trustees for estates being jointly
    administered in chapter 7 cases.
      (2) Chapter 11 Reorganization Cases. If the appointment of a
    trustee is ordered, the United States trustee may appoint one or
    more trustees for estates being jointly administered in chapter 11
    cases.
      (3) Chapter 12 Family Farmer's Debt Adjustment Cases. The United
    States trustee may appoint one or more trustees for estates being
    jointly administered in chapter 12 cases.
      (4) Chapter 13 Individual's Debt Adjustment Cases. The United
    States trustee may appoint one or more trustees for estates being
    jointly administered in chapter 13 cases.
    (d) Potential Conflicts of Interest
      On a showing that creditors or equity security holders of the
    different estates will be prejudiced by conflicts of interest of a
    common trustee who has been selected or appointed, the court shall
    order the selection of separate trustees for estates being jointly
    administered.
    (e) Separate Accounts
      The trustee or trustees of estates being jointly administered
    shall keep separate accounts of the property and distribution of
    each estate.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987; Apr. 30, 1991, eff.
    Aug. 1, 1991.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      This rule is applicable in chapter 7 cases and, in part, in
    chapter 11 and 13 cases.  The provisions in subdivisions (a) and
    (b) concerning creditor election of a trustee apply only in a
    chapter 7 case because it is only pursuant to Sec. 702 of the Code
    that creditors may elect a trustee.  Subdivision (c) of the rule
    applies in chapter 11 and 13 as well as chapter 7 cases; pursuant
    to Sec. 1104 of the Code, the court may order the appointment of a
    trustee on application of a party in interest and, pursuant to Sec.
    1163 of the Code, the court must appoint a trustee in a railroad
    reorganization case.  Subdivision (c) should not be taken as an
    indication that more than one trustee may be appointed for a single
    debtor.  Section 1104(c) permits only one trustee for each estate.
    In a chapter 13 case, if there is no standing trustee, the court is
    to appoint a person to serve as trustee pursuant to Sec. 1302 of
    the Code. There is no provision for a trustee in a chapter 9 case,
    except for a very limited purpose; see Sec. 926 of the Code.
      This rule recognizes that economical and expeditious
    administration of two or more estates may be facilitated not only
    by the selection of a single trustee for a partnership and its
    partners, but by such selection whenever estates are being jointly
    administered pursuant to Rule 1015. See In the Matter of
    International Oil Co., 427 F.2d 186, 187 (2d Cir. 1970). The rule
    is derived from former Sec. 5c of the Act and former Bankruptcy
    Rule 210. The premise of Sec. 5c of the Act was that
    notwithstanding the potentiality of conflict between the interests
    of the creditors of the partners and those of the creditors of the
    partnership, the conflict is not sufficiently serious or frequent
    in most cases to warrant the selection of separate trustees for the
    firm and the several partners.  Even before the proviso was added
    to Sec. 5c of the Act in 1938 to permit the creditors of a general
    partner to elect their separate trustee for his estate, it was held
    that the court had discretion to permit such an election or to make
    a separate appointment when a conflict of interest was recognized.
    In re Wood, 248 Fed. 246, 249-50 (6th Cir.), cert. denied, 247 U.S.
    512 (1918); 4 Collier, Bankruptcy 723.04 (15th ed. 1980). The rule
    retains in subdivision (e) the features of the practice respecting
    the selection of a trustee that was developed under Sec. 5 of the
    Act. Subdivisions (a) and (c) permit the court to authorize
    election of a single trustee or to make a single appointment when
    joint administration of estates of other kinds of debtors is
    ordered, but subdivision (d) requires the court to make a
    preliminary evaluation of the risks of conflict of interest.  If
    after the election or appointment of a common trustee a conflict of
    interest materializes, the court must take appropriate action to
    deal with it.
      Subdivision (f) is derived from Sec. 5e of the Act and former
    Bankruptcy Rule 210(f) and requires that the common trustee keep a
    separate account for each estate in all cases that are jointly
    administered.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      One or more trustees may be appointed for estates being jointly
    administered in chapter 12 cases.
      The amendments to this rule are derived from Rule X-1005 and are
    necessary because the United States trustee, rather than the court,
    has responsibility for appointing trustees pursuant to Sec. 701,
    1104, 1202, and 1302 of the Code.
      If separate trustees are ordered for chapter 7 estates pursuant
    to subdivision (d), separate and successor trustees should be
    chosen as prescribed in Sec. 703 of the Code. If the occasion for
    another election arises, the United States trustee should call a
    meeting of creditors for this purpose.  An order to select separate
    trustees does not disqualify an appointed or elected trustee from
    serving for one of the estates.
      Subdivision (e) is abrogated because the exercise of discretion
    by the United States trustee, who is in the Executive Branch, is
    not subject to advance restriction by rule of court.  United States
    v.  Cox, 342 F.2d 167 (5th Cir. 1965), cert. denied, 365 U.S. 863
    (1965); United States v.  Frumento, 409 F.Supp. 136, 141 (E.D.Pa.),
    aff'd, 563 F.2d 1083 (3d Cir. 1977), cert. denied, 434 U.S. 1072
    (1977); see, Smith v.  United States, 375 F.2d 243 (5th Cir. 1967);
    House Report No. 95-595, 95th Cong., 1st Sess. 110 (1977). However,
    a trustee appointed by the United States trustee may be removed by
    the court for cause.  See Sec. 324 of the Code. Subdivision (d) of
    this rule, as amended, is consistent with Sec. 324. Subdivision (f)
    is redesignated as subdivision (e).
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 2010                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART II - OFFICERS AND ADMINISTRATION; NOTICES; MEETINGS;
         EXAMINATIONS; ELECTIONS; ATTORNEYS AND ACCOUNTANTS
 
-HEAD-
    Rule 2010. Qualification by Trustee; Proceeding on Bond
 
-STATUTE-
    (a) Blanket Bond
      The United States trustee may authorize a blanket bond in favor
    of the United States conditioned on the faithful performance of
    official duties by the trustee or trustees to cover (1) a person
    who qualifies as trustee in a number of cases, and (2) a number of
    trustees each of whom qualifies in a different case.
    (b) Proceeding on Bond
      A proceeding on the trustee's bond may be brought by any party in
    interest in the name of the United States for the use of the entity
    injured by the breach of the condition.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987; Apr. 30, 1991, eff.
    Aug. 1, 1991.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      Subdivisions (a) and (b). Subdivision (a) gives authority for
    approval by the court of a single bond to cover (1) a person who
    qualifies as trustee in a number of cases, and (2) a number of
    trustees each of whom qualifies in a different case.  The cases
    need not be related in any way.  Substantial economies can be
    effected if a single bond covering a number of different cases can
    be issued and approved at one time.  When a blanket bond is filed,
    the trustee qualifies under subdivision (b) of the rule by filing
    an acceptance of the office.
      Subdivision (c) prescribes the evidentiary effect of a certified
    copy of an order approving the trustee's bond given by a trustee
    under this rule or, when a blanket bond has been authorized, of a
    certified copy of acceptance.  This rule supplements the Federal
    Rules of Evidence, which apply in bankruptcy cases.  See Rule 1101
    of the Federal Rules of Evidence. The order of approval should
    conform to Official Form No. 25. See, however, Sec. 549(c) of the
    Code which provides only for the filing of the petition in the real
    estate records to serve as constructive notice of the pendency of
    the case.  See also Rule 2011 which prescribes the evidentiary
    effect of a certificate that the debtor is a debtor in possession.
      Subdivision (d) is derived from former Bankruptcy Rule 212(f).
    Reference should be made to Sec. 322(a) and (d) of the Code which
    requires the bond to be filed with the bankruptcy court and places
    a two year limitation for the commencement of a proceeding on the
    bond.  A bond filed under this rule should conform to Official Form
    No. 25. A proceeding on the bond of a trustee is governed by the
    rules in Part VII. See the Note accompanying Rule 7001. See also
    Rule 9025.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT
      Subdivision (b) is deleted because of the amendment to Rule 2008.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      This rule is amended to conform to the 1986 amendment of Sec. 322
    of the Code. The United States trustee determines the amount and
    sufficiency of the trustee's bond.  The amendment to subdivision
    (a) is derived from Rule X-1004(b).
      Subdivision (b) is abrogated because an order approving a bond is
    no longer necessary in view of the 1986 amendments to Sec. 322 of
    the Code. Subdivision (c) is redesignated as subdivision (b).
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 2011                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART II - OFFICERS AND ADMINISTRATION; NOTICES; MEETINGS;
         EXAMINATIONS; ELECTIONS; ATTORNEYS AND ACCOUNTANTS
 
-HEAD-
    Rule 2011. Evidence of Debtor in Possession or Qualification of
        Trustee
 
-STATUTE-
      (a) Whenever evidence is required that a debtor is a debtor in
    possession or that a trustee has qualified, the clerk may so
    certify and the certificate shall constitute conclusive evidence of
    that fact.
      (b) If a person elected or appointed as trustee does not qualify
    within the time prescribed by Sec. 322(a) of the Code, the clerk
    shall so notify the court and the United States trustee.
 
-SOURCE-
    (As amended Apr. 30, 1991, eff.  Aug. 1, 1991.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      This rule prescribes the evidentiary effect of a certificate
    issued by the clerk that the debtor is a debtor in possession.  See
    Official Form No. 26. Only chapter 11 of the Code provides for a
    debtor in possession.  See Sec. 1107(a) of the Code. If, however, a
    trustee is appointed in the chapter 11 case, there will not be a
    debtor in possession.  See Sec. 1101(1), 1105 of the Code.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      This rule is amended to provide a procedure for proving that a
    trustee has qualified in accordance with Sec. 322 of the Code.
    Subdivision (b) is added so that the court and the United States
    trustee will be informed if the person selected as trustee pursuant
    to Sec. 701, 702, 1104, 1202, 1302, or 1163 fails to qualify within
    the time prescribed in Sec. 322(a).
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 2012                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART II - OFFICERS AND ADMINISTRATION; NOTICES; MEETINGS;
         EXAMINATIONS; ELECTIONS; ATTORNEYS AND ACCOUNTANTS
 
-HEAD-
    Rule 2012. Substitution of Trustee or Successor Trustee; Accounting
 
-STATUTE-
    (a) Trustee
      If a trustee is appointed in a chapter 11 case or the debtor is
    removed as debtor in possession in a chapter 12 case, the trustee
    is substituted automatically for the debtor in possession as a
    party in any pending action, proceeding, or matter.
    (b) Successor Trustee
      When a trustee dies, resigns, is removed, or otherwise ceases to
    hold office during the pendency of a case under the Code (1) the
    successor is automatically substituted as a party in any pending
    action, proceeding, or matter; and (2) the successor trustee shall
    prepare, file, and transmit to the United States trustee an
    accounting of the prior administration of the estate.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987; Apr. 30, 1991, eff.
    Aug. 1, 1991.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      Paragraph (1) of this rule implements Sec. 325 of the Code. It
    provides that a pending action or proceeding continues without
    abatement and that the trustee's successor is automatically
    substituted as a party whether it be another trustee or the debtor
    returned to possession, as such party.
      Paragraph (2) places it within the responsibility of a successor
    trustee to file an accounting of the prior administration of the
    estate.  If an accounting is impossible to obtain from the prior
    trustee because of death or lack of cooperation, prior reports
    submitted in the earlier administration may be updated.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT
      Subdivision (a) is new.  The subdivision provides for the
    substitution of a trustee appointed in a chapter 11 case for the
    debtor in possession in any pending litigation.
      The original provisions of the rule are now in subdivision (b).
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      Subdivision (a) is amended to include any chapter 12 case in
    which the debtor is removed as debtor in possession pursuant to
    Sec. 1204(a) of the Code.
      Subdivision (b) is amended to require that the accounting of the
    prior administration which must be filed with the court is also
    transmitted to the United States trustee who is responsible for
    supervising the administration of cases and trustees.  See 28
    U.S.C. Sec. 586(a)(3). Because a court order is not required for
    the appointment of a successor trustee, requiring the court to fix
    a time for filing the accounting is inefficient and unnecessary.
    The United States trustee has supervisory powers over trustees and
    may require the successor trustee to file the accounting within a
    certain time period.  If the successor trustee fails to file the
    accounting within a reasonable time, the United States trustee or a
    party in interest may take appropriate steps including a request
    for an appropriate court order.  See 28 U.S.C. Sec. 586(a)(3)(G).
    The words ''with the court'' are deleted in subdivision (b)(2) as
    unnecessary.  See Rules 5005(a) and 9001(3).
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 2013                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART II - OFFICERS AND ADMINISTRATION; NOTICES; MEETINGS;
         EXAMINATIONS; ELECTIONS; ATTORNEYS AND ACCOUNTANTS
 
-HEAD-
    Rule 2013. Public Record of Compensation Awarded to Trustees,
        Examiners, and Professionals
 
-STATUTE-
    (a) Record To Be Kept
      The clerk shall maintain a public record listing fees awarded by
    the court (1) to trustees and attorneys, accountants, appraisers,
    auctioneers and other professionals employed by trustees, and (2)
    to examiners.  The record shall include the name and docket number
    of the case, the name of the individual or firm receiving the fee
    and the amount of the fee awarded.  The record shall be maintained
    chronologically and shall be kept current and open to examination
    by the public without charge. ''Trustees,'' as used in this rule,
    does not include debtors in possession.
    (b) Summary of Record
      At the close of each annual period, the clerk shall prepare a
    summary of the public record by individual or firm name, to reflect
    total fees awarded during the preceding year.  The summary shall be
    open to examination by the public without charge.  The clerk shall
    transmit a copy of the summary to the United States trustee.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987; Apr. 30, 1991, eff.
    Aug. 1, 1991.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      This rule is adapted from former Rule 213. The first sentence of
    that rule is omitted because of the provisions in 28 U.S.C. Sec.
    586 and 604(f) creating panels of private trustees.
      The rule is not applicable to standing trustees serving in
    chapter 13 cases.  See Sec. 1302 of the Code.
      A basic purpose of the rule is to prevent what Congress has
    defined as ''cronyism.'' Appointment or employment, whether in a
    chapter 7 or 11 case, should not center among a small select group
    of individuals unless the circumstances are such that it would be
    warranted.  The public record of appointments to be kept by the
    clerk will provide a means for monitoring the appointment process.
      Subdivision (b) provides a convenient source for public review of
    fees paid from debtors' estates in the bankruptcy courts.  Thus,
    public recognition of appointments, fairly distributed and based on
    professional qualifications and expertise, will be promoted and
    notions of improper favor dispelled.  This rule is in keeping with
    the findings of the Congressional subcommittees as set forth in the
    House Report of the Committee on the Judiciary, No. 95-595, 95th
    Cong., 1st Sess. 89-99 (1977). These findings included the
    observations that there were frequent appointments of the same
    person, contacts developed between the bankruptcy bar and the
    courts, and an unusually close relationship between the bar and the
    judges developed over the years.  A major purpose of the new
    statute is to dilute these practices and instill greater public
    confidence in the system.  Rule 2013 implements that laudatory
    purpose.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT
      In subdivisions (b) and (c) the word awarded is substituted for
    the word paid.  While clerks do not know if fees are paid, they can
    determine what fees are awarded by the court.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      Subdivision (a) is deleted.  The matter contained in this
    subdivision is more properly left for regulation by the United
    States trustee.  When appointing trustees and examiners and when
    monitoring applications for employment of auctioneers, appraisers
    and other professionals, the United States trustee should be
    sensitive to disproportionate or excessive fees received by any
    person.
      Subdivision (b), redesignated as subdivision (a), is amended to
    reflect the fact that the United States trustee appoints examiners
    subject to court approval.
      Subdivision (c), redesignated as subdivision (b), is amended to
    furnish the United States trustee with a copy of the annual summary
    which may assist that office in the performance of its
    responsibilities under 28 U.S.C. Sec. 586 and the Code.
      The rule is not applicable to standing trustees serving in
    chapter 12 cases.  See Sec. 1202 of the Code.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 2014                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART II - OFFICERS AND ADMINISTRATION; NOTICES; MEETINGS;
         EXAMINATIONS; ELECTIONS; ATTORNEYS AND ACCOUNTANTS
 
-HEAD-
    Rule 2014. Employment of Professional Persons
 
-STATUTE-
    (a) Application for and Order of Employment
      An order approving the employment of attorneys, accountants,
    appraisers, auctioneers, agents, or other professionals pursuant to
    Sec. 327, Sec. 1103, or Sec. 1114 of the Code shall be made only on
    application of the trustee or committee.  The application shall be
    filed and, unless the case is a chapter 9 municipality case, a copy
    of the application shall be transmitted by the applicant to the
    United States trustee.  The application shall state the specific
    facts showing the necessity for the employment, the name of the
    person to be employed, the reasons for the selection, the
    professional services to be rendered, any proposed arrangement for
    compensation, and, to the best of the applicant's knowledge, all of
    the person's connections with the debtor, creditors, any other
    party in interest, their respective attorneys and accountants, the
    United States trustee, or any person employed in the office of the
    United States trustee.  The application shall be accompanied by a
    verified statement of the person to be employed setting forth the
    person's connections with the debtor, creditors, any other party in
    interest, their respective attorneys and accountants, the United
    States trustee, or any person employed in the office of the United
    States trustee.
    (b) Services Rendered by Member or Associate of Firm of Attorneys
        or Accountants
      If, under the Code and this rule, a law partnership or
    corporation is employed as an attorney, or an accounting
    partnership or corporation is employed as an accountant, or if a
    named attorney or accountant is employed, any partner, member, or
    regular associate of the partnership, corporation, or individual
    may act as attorney or accountant so employed, without further
    order of the court.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987; Apr. 30, 1991, eff.
    Aug. 1, 1991.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      Subdivision (a) is adapted from the second sentence of former
    Bankruptcy Rule 215(a). The remainder of that rule is covered by
    Sec. 327 of the Code.
      Subdivision (b) is derived from former Bankruptcy Rule 215(f).
    The compensation provisions are set forth in Sec. 504 of the Code.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      This rule is amended to include retention of professionals by
    committees of retired employees pursuant to Sec. 1114 of the Code.
      The United States trustee monitors applications filed under Sec.
    327 of the Code and may file with the court comments with respect
    to the approval of such applications.  See 28 U.S.C. Sec.
    586(a)(3)(H). The United States trustee also monitors creditors'
    committees in accordance with 28 U.S.C. Sec. 586(a)(3)(E). The
    addition of the second sentence of subdivision (a) is designed to
    enable the United States trustee to perform these duties.
      Subdivision (a) is also amended to require disclosure of the
    professional's connections with the United States trustee or
    persons employed in the United States trustee's office.  This
    requirement is not intended to prohibit the employment of such
    persons in all cases or to enlarge the definition of
    ''disinterested person'' in Sec. 101(13) of the Code. However, the
    court may consider a connection with the United States trustee's
    office as a factor when exercising its discretion.  Also, this
    information should be revealed in the interest of full disclosure
    and confidence in the bankruptcy system, especially since the
    United States trustee monitors and may be heard on applications for
    compensation and reimbursement of professionals employed under this
    rule.
      The United States trustee appoints committees pursuant to Sec.
    1102 of the Code which is applicable in chapter 9 cases under Sec.
    901. In the interest of full disclosure and confidence in the
    bankruptcy system, a connection between the United States trustee
    and a professional employed by the committee should be revealed in
    every case, including a chapter 9 case.  However, since the United
    States trustee does not have any role in the employment of
    professionals in chapter 9 cases, it is not necessary in such cases
    to transmit to the United States trustee a copy of the application
    under subdivision (a) of this rule.  See 28 U.S.C. Sec.
    586(a)(3)(H).
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 2015                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART II - OFFICERS AND ADMINISTRATION; NOTICES; MEETINGS;
         EXAMINATIONS; ELECTIONS; ATTORNEYS AND ACCOUNTANTS
 
-HEAD-
    Rule 2015. Duty to Keep Records, Make Reports, and Give Notice of
        Case
 
-STATUTE-
    (a) Trustee or Debtor in Possession
      A trustee or debtor in possession shall (1) in a chapter 7
    liquidation case and, if the court directs, in a chapter 11
    reorganization case file and transmit to the United States trustee
    a complete inventory of the property of the debtor within 30 days
    after qualifying as a trustee or debtor in possession, unless such
    an inventory has already been filed; (2) keep a record of receipts
    and the disposition of money and property received; (3) file the
    reports and summaries required by Sec. 704(8) of the Code which
    shall include a statement, if payments are made to employees, of
    the amounts of deductions for all taxes required to be withheld or
    paid for and in behalf of employees and the place where these
    amounts are deposited; (4) as soon as possible after the
    commencement of the case, give notice of the case to every entity
    known to be holding money or property subject to withdrawal or
    order of the debtor, including every bank, savings or building and
    loan association, public utility company, and landlord with whom
    the debtor has a deposit, and to every insurance company which has
    issued a policy having a cash surrender value payable to the
    debtor, except that notice need not be given to any entity who has
    knowledge or has previously been notified of the case; (5) in a
    chapter 11 reorganization case, on or before the last day of the
    month after each calendar quarter until a plan is confirmed or the
    case is converted or dismissed, file and transmit to the United
    States trustee a statement of disbursements made during such
    calendar quarter and a statement of the amount of the fee required
    pursuant to 28 U.S.C. Sec. 1930(a)(6) that has been paid for such
    calendar quarter.
    (b) Chapter 12 Trustee and Debtor in Possession
      In a chapter 12 family farmer's debt adjustment case, the debtor
    in possession shall perform the duties prescribed in clauses
    (2)-(4) of subdivision (a) of this rule and, if the court directs,
    shall file and transmit to the United States trustee a complete
    inventory of the property of the debtor within the time fixed by
    the court.  If the debtor is removed as debtor in possession, the
    trustee shall perform the duties of the debtor in possession
    prescribed in this paragraph.
    (c) Chapter 13 Trustee and Debtor
      (1) Business Cases. In a chapter 13 individual's debt adjustment
    case, when the debtor is engaged in business, the debtor shall
    perform the duties prescribed by clauses (2)-(4) of subdivision (a)
    of this rule and, if the court directs, shall file and transmit to
    the United States trustee a complete inventory of the property of
    the debtor within the time fixed by the court.
      (2) Nonbusiness Cases. In a chapter 13 individual's debt
    adjustment case, when the debtor is not engaged in business, the
    trustee shall perform the duties prescribed by clause (2) of
    subdivision (a) of this rule.
    (d) Transmission of Reports
      In a chapter 11 case the court may direct that copies or
    summaries of annual reports and copies or summaries of other
    reports shall be mailed to the creditors, equity security holders,
    and indenture trustees.  The court may also direct the publication
    of summaries of any such reports.  A copy of every report or
    summary mailed or published pursuant to this subdivision shall be
    transmitted to the United States trustee.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987; Apr. 30, 1991, eff.
    Aug. 1, 1991; Apr. 23, 1996, eff.  Dec. 1, 1996.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      This rule combines the provisions found in former Rules 218,
    10-208, 11-30 and 13-208 of the Rules of Bankruptcy Procedure. It
    specifies various duties which are in addition to those required by
    Sec. 704, 1106, 1302 and 1304 of the Code.
      In subdivision (a) the times permitted to be fixed by the court
    in clause (3) for the filing of reports and summaries may be fixed
    by local rule or order.
      Subdivision (b). This subdivision prescribes duties on either the
    debtor or trustee in chapter 13 cases, depending on whether or not
    the debtor is engaged in business (Sec. 1304 of the Code). The duty
    of giving notice prescribed by subdivision (a)(4) is not included
    in a nonbusiness case because of its impracticability.
      Subdivision (c) is derived from former Chapter X Rule 10-208(c)
    which, in turn, was derived from Sec. 190 of the Act. The equity
    security holders to whom the reports should be sent are those of
    record at the time of transmittal of such reports.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT
      Subdivision (a) is amended to add as a duty of the trustee or
    debtor in possession the filing of a notice of or a copy of the
    petition.  The filing of such notice or a copy of the petition is
    essential to the protection of the estate from unauthorized
    post-petition conveyances of real property.  Section 549(c) of the
    Code protects the title of a good faith purchaser for fair
    equivalent value unless the notice or copy of the petition is
    filed.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      This rule is amended to provide the United States trustee with
    information needed to perform supervisory responsibilities in
    accordance with 28 U.S.C. Sec. 586(a)(3) and to exercise the right
    to raise, appear and be heard on issues pursuant to Sec. 307 of the
    Code.
      Subdivision (a)(3) is amended to conform to the 1986 amendments
    to Sec. 704(8) of the Code and the United States trustee system.
    It may not be necessary for the court to fix a time to file reports
    if the United States trustee requests that they be filed within a
    specified time and there is no dispute regarding such time.
      Subdivision (a)(5) is deleted because the filing of a notice of
    or copy of the petition to protect real property against
    unauthorized postpetition transfers in a particular case is within
    the discretion of the trustee.
      The new subdivision (a)(5) was added to enable the United States
    trustee, parties in interest, and the court to determine the
    appropriate quarterly fee required by 28 U.S.C. Sec. 1930(a)(6).
    The requirements of subdivision (a)(5) should be satisfied whenever
    possible by including this information in other reports filed by
    the trustee or debtor in possession.  Nonpayment of the fee may
    result in dismissal or conversion of the case pursuant to Sec.
    1112(b) of the Code.
      Rule X-1007(b), which provides that the trustee or debtor in
    possession shall cooperate with the United States trustee by
    furnishing information that the United States trustee reasonably
    requires, is deleted as unnecessary.  The deletion of Rule
    X-1007(b) should not be construed as a limitation of the powers of
    the United States trustee or of the duty of the trustee or debtor
    in possession to cooperate with the United States trustee in the
    performance of the statutory responsibilities of that office.
      Subdivision (a)(6) is abrogated as unnecessary.  See Sec.
    1106(a)(7) of the Code.
      Subdivision (a)(7) is abrogated.  The closing of a chapter 11
    case is governed by Rule 3022.
      New subdivision (b), which prescribes the duties of the debtor in
    possession and trustee in a chapter 12 case, does not prohibit
    additional reporting requirements pursuant to local rule or court
    order.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1996 AMENDMENT
      Subdivision (a)(1) provides that the trustee in a chapter 7 case
    and, if the court directs, the trustee or debtor in possession in a
    chapter 11 case, is required to file and transmit to the United
    States trustee a complete inventory of the debtor's property within
    30 days after qualifying as trustee or debtor in possession, unless
    such an inventory has already been filed.  Subdivisions (b) and (c)
    are amended to clarify that a debtor in possession and trustee in a
    chapter 12 case, and a debtor in a chapter 13 case where the debtor
    is engaged in business, are not required to file and transmit to
    the United States trustee a complete inventory of the property of
    the debtor unless the court so directs.  If the court so directs,
    the court also fixes the time limit for filing and transmitting the
    inventory.
      GAP Report on Rule 2015. No changes since publication, except for
    a stylistic change in the first sentence of the committee note.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 2016                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART II - OFFICERS AND ADMINISTRATION; NOTICES; MEETINGS;
         EXAMINATIONS; ELECTIONS; ATTORNEYS AND ACCOUNTANTS
 
-HEAD-
    Rule 2016. Compensation for Services Rendered and Reimbursement of
        Expenses
 
-STATUTE-
    (a) Application for Compensation or Reimbursement
      An entity seeking interim or final compensation for services, or
    reimbursement of necessary expenses, from the estate shall file an
    application setting forth a detailed statement of (1) the services
    rendered, time expended and expenses incurred, and (2) the amounts
    requested.  An application for compensation shall include a
    statement as to what payments have theretofore been made or
    promised to the applicant for services rendered or to be rendered
    in any capacity whatsoever in connection with the case, the source
    of the compensation so paid or promised, whether any compensation
    previously received has been shared and whether an agreement or
    understanding exists between the applicant and any other entity for
    the sharing of compensation received or to be received for services
    rendered in or in connection with the case, and the particulars of
    any sharing of compensation or agreement or understanding therefor,
    except that details of any agreement by the applicant for the
    sharing of compensation as a member or regular associate of a firm
    of lawyers or accountants shall not be required.  The requirements
    of this subdivision shall apply to an application for compensation
    for services rendered by an attorney or accountant even though the
    application is filed by a creditor or other entity.  Unless the
    case is a chapter 9 municipality case, the applicant shall transmit
    to the United States trustee a copy of the application.
    (b) Disclosure of Compensation Paid or Promised to Attorney for
        Debtor
      Every attorney for a debtor, whether or not the attorney applies
    for compensation, shall file and transmit to the United States
    trustee within 15 days after the order for relief, or at another
    time as the court may direct, the statement required by Sec. 329 of
    the Code including whether the attorney has shared or agreed to
    share the compensation with any other entity.  The statement shall
    include the particulars of any such sharing or agreement to share
    by the attorney, but the details of any agreement for the sharing
    of the compensation with a member or regular associate of the
    attorney's law firm shall not be required.  A supplemental
    statement shall be filed and transmitted to the United States
    trustee within 15 days after any payment or agreement not
    previously disclosed.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987; Apr. 30, 1991, eff.
    Aug. 1, 1991.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      This rule is derived from former Rule 219. Many of the former
    rule's requirements are, however, set forth in the Code. Section
    329 requires disclosure by an attorney of transactions with the
    debtor, Sec. 330 sets forth the bases for allowing compensation,
    and Sec. 504 prohibits sharing of compensation.  This rule
    implements those various provisions.
      Subdivision (a) includes within its provisions a committee,
    member thereof, agent, attorney or accountant for the committee
    when compensation or reimbursement of expenses is sought from the
    estate.
      Regular associate of a law firm is defined in Rule 9001(9) to
    include any attorney regularly employed by, associated with, or
    counsel to that law firm.  Firm is defined in Rule 9001(6) to
    include a partnership or professional corporation.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT
      Subdivision (a) is amended to change ''person'' to ''entity''.
    There are occasions in which a governmental unit may be entitled to
    file an application under this rule.  The requirement that the
    application contain a ''detailed statement of services rendered,
    time expended and expenses incurred'' gives to the court authority
    to ensure that the application is both comprehensive and detailed.
    No amendments are made to delineate further the requirements of the
    application because the amount of detail to be furnished is a
    function of the nature of the services rendered and the complexity
    of the case.
      Subdivision (b) is amended to require that the attorney for the
    debtor file the Sec. 329 statement before the meeting of
    creditors.  This will assist the parties in conducting the
    examination of the debtor.  In addition, the amended rule requires
    the attorney to supplement the Sec. 329 statement if an undisclosed
    payment is made to the attorney or a new or amended agreement is
    entered into by the debtor and the attorney.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      Subdivision (a) is amended to enable the United States trustee to
    perform the duty to monitor applications for compensation and
    reimbursement filed under Sec. 330 of the Code. See 28 U.S.C. Sec.
    586(a)(3)(A).
      Subdivision (b) is amended to give the United States trustee the
    information needed to determine whether to request appropriate
    relief based on excessive fees under Sec. 329(b) of the Code. See
    Rule 2017.
      The words ''with the court'' are deleted in subdivisions (a) and
    (b) as unnecessary.  See Rules 5005(a) and 9001>(3).
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 2017                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART II - OFFICERS AND ADMINISTRATION; NOTICES; MEETINGS;
         EXAMINATIONS; ELECTIONS; ATTORNEYS AND ACCOUNTANTS
 
-HEAD-
    Rule 2017. Examination of Debtor's Transactions with Debtor's
        Attorney
 
-STATUTE-
    (a) Payment or Transfer to Attorney Before Order for Relief
      On motion by any party in interest or on the court's own
    initiative, the court after notice and a hearing may determine
    whether any payment of money or any transfer of property by the
    debtor, made directly or indirectly and in contemplation of the
    filing of a petition under the Code by or against the debtor or
    before entry of the order for relief in an involuntary case, to an
    attorney for services rendered or to be rendered is excessive.
    (b) Payment or Transfer to Attorney After Order for Relief
      On motion by the debtor, the United States trustee, or on the
    court's own initiative, the court after notice and a hearing may
    determine whether any payment of money or any transfer of property
    or any agreement therefor, by the debtor to an attorney after entry
    of an order for relief in a case under the Code is excessive,
    whether the payment or transfer is made or is to be made directly
    or indirectly, if the payment, transfer, or agreement therefor is
    for services in any way related to the case.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987; Apr. 30, 1991, eff.
    Aug. 1, 1991.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      This rule is derived from Sec. 60d of the Act and former
    Bankruptcy Rule 220 and implements Sec. 329 of the Code.
    Information required to be disclosed by the attorney for a debtor
    by Sec. 329 of the Code and by the debtor in his Statement of
    Financial Affairs (Item )15 of Form No. 7, Item )20 of Form No. 8)
    will assist the court in determining whether to proceed under this
    rule.  Section 60d was enacted in recognition of ''the temptation
    of a failing debtor to deal too liberally with his property in
    employing counsel to protect him in view of financial reverses and
    probable failure.'' In re Wood & Henderson, 210 U.S. 246, 253
    (1908). This rule, like Sec. 60d of the Act and Sec. 329 of the
    Code, is premised on the need for and appropriateness of judicial
    scrutiny of arrangements between a debtor and his attorney to
    protect the creditors of the estate and the debtor against
    overreaching by an officer of the court who is in a peculiarly
    advantageous position to impose on both the creditors and his
    client. 2 Collier, Bankruptcy 329.02 (15th ed. 1980); MacLachlan,
    Bankruptcy 318 (1956). Rule 9014 applies to any contested matter
    arising under this rule.
      This rule is not to be construed to permit post-petition payments
    or transfers which may be avoided under other provisions of the
    Code.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      This rule is amended to include within subdivision (a) a payment
    or transfer of property by the debtor to an attorney after the
    filing of an involuntary petition but before the order for relief.
    Any party in interest should be able to make a motion for a
    determination of whether such payment or transfer is excessive
    because the funds or property transferred may be property of the
    estate.
      The United States trustee supervises and monitors the
    administration of bankruptcy cases other than chapter 9 cases and
    pursuant to Sec. 307 of the Code may raise, appear and be heard on
    issues relating to fees paid to the debtor's attorney.  It is
    consistent with that role to expect the United States trustee to
    review statements filed under Rule 2016(b) and to file motions
    relating to excessive fees pursuant to Sec. 329 of the Code.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 2018                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART II - OFFICERS AND ADMINISTRATION; NOTICES; MEETINGS;
         EXAMINATIONS; ELECTIONS; ATTORNEYS AND ACCOUNTANTS
 
-HEAD-
    Rule 2018. Intervention; Right to Be Heard
 
-STATUTE-
    (a) Permissive Intervention
      In a case under the Code, after hearing on such notice as the
    court directs and for cause shown, the court may permit any
    interested entity to intervene generally or with respect to any
    specified matter.
    (b) Intervention by Attorney General of a State
      In a chapter 7, 11, 12, or 13 case, the Attorney General of a
    State may appear and be heard on behalf of consumer creditors if
    the court determines the appearance is in the public interest, but
    the Attorney General may not appeal from any judgment, order, or
    decree in the case.
    (c) Chapter 9 Municipality Case
      The Secretary of the Treasury of the United States may, or if
    requested by the court shall, intervene in a chapter 9 case.
    Representatives of the state in which the debtor is located may
    intervene in a chapter 9 case with respect to matters specified by
    the court.
    (d) Labor Unions
      In a chapter 9, 11, or 12 case, a labor union or employees'
    association, representative of employees of the debtor, shall have
    the right to be heard on the economic soundness of a plan affecting
    the interests of the employees.  A labor union or employees'
    association which exercises its right to be heard under this
    subdivision shall not be entitled to appeal any judgment, order, or
    decree relating to the plan, unless otherwise permitted by law.
    (e) Service on Entities Covered by This Rule
      The court may enter orders governing the service of notice and
    papers on entities permitted to intervene or be heard pursuant to
    this rule.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987; Apr. 30, 1991, eff.
    Aug. 1, 1991.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      This rule is derived from former Rules 8-210, 9-15 and 10-210 and
    it implements Sec. 1109 and 1164 of the Code.
      Pursuant to Sec. 1109 of the Code, parties in interest have a
    right to be heard and the Securities and Exchange Commission may
    raise and be heard on any issue but it may not take an appeal.
    That section is applicable in chapter 9 cases (Sec. 901 of the
    Code) and in chapter 11 cases, including cases under subchapter IV
    thereof for the reorganization of a railroad.
      In a railroad reorganization case under subchapter IV of chapter
    11, Sec. 1164 also gives the right to be heard to the Interstate
    Commerce Commission, the Department of Transportation and any state
    or local regulatory commission with jurisdiction over the debtor,
    but these entities may not appeal.
      This rule does not apply in adversary proceedings.  For
    intervention in adversary proceedings, see Rule 7024. The rules do
    not provide any right of compensation to or reimbursement of
    expenses for intervenors or others covered by this rule.  Section
    503(b)(3)(D) and (4) is not applicable to the entities covered by
    this rule.
      Subdivision (a) is derived from former Chapter VIII Rule 8-210
    and former Chapter X Rule 10-210. It permits intervention of an
    entity (see Sec. 101(14), (21) of the Code) not otherwise entitled
    to do so under the Code or this rule.  Such a party seeking to
    intervene must show cause therefor.
      Subdivision (b) specifically grants the appropriate state's
    Attorney General the right to appear and be heard on behalf of
    consumer creditors when it is in the public interest.  See House
    Rep. No. 95-595, 95th Cong., 1st Sess. (1977) 189. While ''consumer
    creditor'' is not defined in the Code or elsewhere, it would
    include the type of individual entitled to priority under Sec.
    507(a)(5) of the Code, that is, an individual who has deposited
    money for the purchase, lease or rental of property or the purchase
    of services for the personal, family, or household use of the
    individual.  It would also include individuals who purchased or
    leased property for such purposes in connection with which there
    may exist claims for breach of warranty.
      This subdivision does not grant the Attorney General the status
    of party in interest.  In other contexts, the Attorney General
    will, of course, be a party in interest as for example, in
    representing a state in connection with a tax claim.
      Subdivision (c) recognizes the possible interests of the
    Secretary of the Treasury or of the state of the debtor's locale
    when a municipality is the debtor.  It is derived from former
    Chapter IX Rule 9-15 and Sec. 85(d) of the Act.
      Subdivision (d) is derived from former Chapter X Rule 10-210
    which, in turn, was derived from Sec. 206 of the Act. Section 206
    has no counterpart in the Code.
      Subdivision (e) is derived from former Chapter VIII Rule
    8-210(d). It gives the court flexibility in directing the type of
    future notices to be given intervenors.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT
      Subdivision (d) is amended to make it clear that the prohibition
    against appeals by labor unions is limited only to their
    participation in connection with the hearings on the plan as
    provided in subdivision (d). If a labor union would otherwise have
    the right to file an appeal or to be a party to an appeal, this
    rule does not preclude the labor union from exercising that right.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      Subdivisions (b) and (d) are amended to include chapter 12.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 2019                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART II - OFFICERS AND ADMINISTRATION; NOTICES; MEETINGS;
         EXAMINATIONS; ELECTIONS; ATTORNEYS AND ACCOUNTANTS
 
-HEAD-
    Rule 2019. Representation of Creditors and Equity Security Holders
        in Chapter 9 Municipality and Chapter 11 Reorganization Cases
 
-STATUTE-
    (a) Data Required
      In a chapter 9 municipality or chapter 11 reorganization case,
    except with respect to a committee appointed pursuant to Sec. 1102
    or 1114 of the Code, every entity or committee representing more
    than one creditor or equity security holder and, unless otherwise
    directed by the court, every indenture trustee, shall file a
    verified statement setting forth (1) the name and address of the
    creditor or equity security holder; (2) the nature and amount of
    the claim or interest and the time of acquisition thereof unless it
    is alleged to have been acquired more than one year prior to the
    filing of the petition; (3) a recital of the pertinent facts and
    circumstances in connection with the employment of the entity or
    indenture trustee, and, in the case of a committee, the name or
    names of the entity or entities at whose instance, directly or
    indirectly, the employment was arranged or the committee was
    organized or agreed to act; and (4) with reference to the time of
    the employment of the entity, the organization or formation of the
    committee, or the appearance in the case of any indenture trustee,
    the amounts of claims or interests owned by the entity, the members
    of the committee or the indenture trustee, the times when acquired,
    the amounts paid therefor, and any sales or other disposition
    thereof.  The statement shall include a copy of the instrument, if
    any, whereby the entity, committee, or indenture trustee is
    empowered to act on behalf of creditors or equity security
    holders.  A supplemental statement shall be filed promptly, setting
    forth any material changes in the facts contained in the statement
    filed pursuant to this subdivision.
    (b) Failure To Comply; Effect
      On motion of any party in interest or on its own initiative, the
    court may (1) determine whether there has been a failure to comply
    with the provisions of subdivision (a) of this rule or with any
    other applicable law regulating the activities and personnel of any
    entity, committee, or indenture trustee or any other impropriety in
    connection with any solicitation and, if it so determines, the
    court may refuse to permit that entity, committee, or indenture
    trustee to be heard further or to intervene in the case; (2)
    examine any representation provision of a deposit agreement, proxy,
    trust mortgage, trust indenture, or deed of trust, or committee or
    other authorization, and any claim or interest acquired by any
    entity or committee in contemplation or in the course of a case
    under the Code and grant appropriate relief; and (3) hold invalid
    any authority, acceptance, rejection, or objection given, procured,
    or received by an entity or committee who has not complied with
    this rule or with Sec. 1125(b) of the Code.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987; Apr. 30, 1991, eff.
    Aug. 1, 1991.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      This rule is a comprehensive regulation of representation in
    chapter 9 municipality and in chapter 11 reorganization cases.  It
    is derived from Sec. 209-213 of the Act and former Chapter X Rule
    10-211.
      Subdivision (b) is derived from Sec. 212, 213 of the Act. As used
    in clause (2), ''other authorization'' would include a power or
    warrant of attorney which are specifically mentioned in Sec. 212 of
    the Act. This rule deals with representation provisions in
    mortgages, trust deeds, etc. to protect the beneficiaries from
    unfair practices and the like.  It does not deal with the
    validation or invalidation of security interests generally.  If
    immediate compliance is not possible, the court may permit a
    representative to be heard on a specific matter, but there is no
    implicit waiver of compliance on a permanent basis.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      Subdivision (a) is amended to exclude from the requirements of
    this rule committees of retired employees appointed pursuant to
    Sec. 1114 of the Code. The words ''with the clerk'' are deleted as
    unnecessary.  See Rules 5005(a) and 9001(3).
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 2020                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART II - OFFICERS AND ADMINISTRATION; NOTICES; MEETINGS;
         EXAMINATIONS; ELECTIONS; ATTORNEYS AND ACCOUNTANTS
 
-HEAD-
    Rule 2020. Review of Acts by United States Trustee
 
-STATUTE-
      A proceeding to contest any act or failure to act by the United
    States trustee is governed by Rule 9014.
 
-SOURCE-
    (Added Apr. 30, 1991, eff.  Aug. 1, 1991.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1991
      The United States trustee performs administrative functions, such
    as the convening of the meeting of creditors and the appointment of
    trustees and committees.  Most of the acts of the United States
    trustee are not controversial and will go unchallenged.  However,
    the United States trustee is not a judicial officer and does not
    resolve disputes regarding the propriety of its own actions.  This
    rule, which is new, provides a procedure for judicial review of the
    United States trustee's acts or failure to act in connection with
    the administration of the case.  For example, if the United States
    trustee schedules a Sec. 341 meeting to be held 90 days after the
    petition is filed, and a party in interest wishes to challenge the
    propriety of that act in view of Sec. 341(a) of the Code and 
    Rule 2003 which requires that the meeting be held not more than 40 days
    after the order for relief, this rule permits the party to do so by
    motion.
      This rule provides for review of acts already committed by the
    United States trustee, but does not provide for advisory opinions
    in advance of the act.  This rule is not intended to limit the
    discretion of the United States trustee, provided that the United
    States trustee's act is authorized by, and in compliance with, the
    Code, title 28, these rules, and other applicable law.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES PART III - CLAIMS AND
                  DISTRIBUTION TO CREDITORS AND EQUITY
                  INTEREST HOLDERS; PLANS                        01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART III - CLAIMS AND DISTRIBUTION TO CREDITORS AND EQUITY INTEREST
         HOLDERS; PLANS
    .
 
-HEAD-
    PART III - CLAIMS AND DISTRIBUTION TO CREDITORS AND EQUITY INTEREST
    HOLDERS; PLANS
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 3001                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART III - CLAIMS AND DISTRIBUTION TO CREDITORS AND EQUITY INTEREST
         HOLDERS; PLANS
 
-HEAD-
    Rule 3001. Proof of Claim
 
-STATUTE-
    (a) Form and Content
      A proof of claim is a written statement setting forth a
    creditor's claim.  A proof of claim shall conform substantially to
    the appropriate Official Form.
    (b) Who May Execute
      A proof of claim shall be executed by the creditor or the
    creditor's authorized agent except as provided in Rules 3004 and
    3005.
    (c) Claim Based on a Writing
      When a claim, or an interest in property of the debtor securing
    the claim, is based on a writing, the original or a duplicate shall
    be filed with the proof of claim.  If the writing has been lost or
    destroyed, a statement of the circumstances of the loss or
    destruction shall be filed with the claim.
    (d) Evidence of Perfection of Security Interest
      If a security interest in property of the debtor is claimed, the
    proof of claim shall be accompanied by evidence that the security
    interest has been perfected.
    (e) Transferred Claim
      (1) Transfer of Claim Other Than for Security Before Proof Filed.
    If a claim has been transferred other than for security before
    proof of the claim has been filed, the proof of claim may be filed
    only by the transferee or an indenture trustee.
      (2) Transfer of Claim Other Than for Security After Proof Filed.
    If a claim other than one based on a publicly traded note, bond, or
    debenture has been transferred other than for security after the
    proof of claim has been filed, evidence of the transfer shall be
    filed by the transferee.  The clerk shall immediately notify the
    alleged transferor by mail of the filing of the evidence of
    transfer and that objection thereto, if any, must be filed within
    20 days of the mailing of the notice or within any additional time
    allowed by the court.  If the alleged transferor files a timely
    objection and the court finds, after notice and a hearing, that the
    claim has been transferred other than for security, it shall enter
    an order substituting the transferee for the transferor.  If a
    timely objection is not filed by the alleged transferor, the
    transferee shall be substituted for the transferor.
      (3) Transfer of Claim for Security Before Proof Filed. If a claim
    other than one based on a publicly traded note, bond, or debenture
    has been transferred for security before proof of the claim has
    been filed, the transferor or transferee or both may file a proof
    of claim for the full amount.  The proof shall be supported by a
    statement setting forth the terms of the transfer.  If either the
    transferor or the transferee files a proof of claim, the clerk
    shall immediately notify the other by mail of the right to join in
    the filed claim.  If both transferor and transferee file proofs of
    the same claim, the proofs shall be consolidated.  If the
    transferor or transferee does not file an agreement regarding its
    relative rights respecting voting of the claim, payment of
    dividends thereon, or participation in the administration of the
    estate, on motion by a party in interest and after notice and a
    hearing, the court shall enter such orders respecting these matters
    as may be appropriate.
      (4) Transfer of Claim for Security After Proof Filed. If a claim
    other than one based on a publicly traded note, bond, or debenture
    has been transferred for security after the proof of claim has been
    filed, evidence of the terms of the transfer shall be filed by the
    transferee.  The clerk shall immediately notify the alleged
    transferor by mail of the filing of the evidence of transfer and
    that objection thereto, if any, must be filed within 20 days of the
    mailing of the notice or within any additional time allowed by the
    court.  If a timely objection is filed by the alleged transferor,
    the court, after notice and a hearing, shall determine whether the
    claim has been transferred for security.  If the transferor or
    transferee does not file an agreement regarding its relative rights
    respecting voting of the claim, payment of dividends thereon, or
    participation in the administration of the estate, on motion by a
    party in interest and after notice and a hearing, the court shall
    enter such orders respecting these matters as may be appropriate.
      (5) Service of Objection or Motion; Notice of Hearing. A copy of
    an objection filed pursuant to paragraph (2) or (4) or a motion
    filed pursuant to paragraph (3) or (4) of this subdivision together
    with a notice of a hearing shall be mailed or otherwise delivered
    to the transferor or transferee, whichever is appropriate, at least
    30 days prior to the hearing.
    (f) Evidentiary Effect
      A proof of claim executed and filed in accordance with these
    rules shall constitute prima facie evidence of the validity and
    amount of the claim.
      (g) (FOOTNOTE 1) To the extent not inconsistent with the United
    States Warehouse Act or applicable State law, a warehouse receipt,
    scale ticket, or similar document of the type routinely issued as
    evidence of title by a grain storage facility, as defined in
    section 557 of title 11, shall constitute prima facie evidence of
    the validity and amount of a claim of ownership of a quantity of
    grain.
       (FOOTNOTE 1) So in original.  Subsec. (g) enacted without a
    catchline.
 
-SOURCE-
    (As amended Pub. L. 98-353, title III, Sec. 354, July 10, 1984, 98
    Stat. 361; Apr. 30, 1991, eff.  Aug. 1, 1991.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      This rule is adapted from former Bankruptcy Rules 301 and 302.
    The Federal Rules of Evidence, made applicable to cases under the
    Code by Rule 1101, do not prescribe the evidentiary effect to be
    accorded particular documents.  Subdivision (f) of this rule
    supplements the Federal Rules of Evidence as they apply to cases
    under the Code.
      Subdivision (c). This subdivision is similar to former Bankruptcy
    Rule 302(c) and continues the requirement for the filing of any
    written security agreement and provides that the filing of a
    duplicate of a writing underlying a claim authenticates the claim
    with the same effect as the filing of the original writing.  Cf.
    Rules 1001(4) and 1003 of F.R. of Evid. Subdivision (d) together
    with the requirement in the first sentence of subdivision (c) for
    the filing of any written security agreement, is designed to
    facilitate the determination whether the claim is secured and
    properly perfected so as to be valid against the trustee.
      Subdivision (d). ''Satisfactory evidence'' of perfection, which
    is to accompany the proof of claim, would include a duplicate of an
    instrument filed or recorded, a duplicate of a certificate of title
    when a security interest is perfected by notation on such a
    certificate, a statement that pledged property has been in
    possession of the secured party since a specified date, or a
    statement of the reasons why no action was necessary for
    perfection.  The secured creditor may not be required to file a
    proof of claim under this rule if he is not seeking allowance of a
    claim for a deficiency.  But see Sec. 506(d) of the Code.
      Subdivision (e). The rule recognizes the differences between an
    unconditional transfer of a claim and a transfer for the purpose of
    security and prescribes a procedure for dealing with the rights of
    the transferor and transferee when the transfer is for security.
    The rule clarifies the procedure to be followed when a transfer
    precedes or follows the filing of the petition.  The interests of
    sound administration are served by requiring the post-petition
    transferee to file with the proof of claim a statement of the
    transferor acknowledging the transfer and the consideration for the
    transfer.  Such a disclosure will assist the court in dealing with
    evils that may arise out of post-bankruptcy traffic in claims
    against an estate.  Monroe v.  Scofield, 135 F.2d 725 (10th Cir.
    1943); In re Philadelphia & Western Ry., 64 F. Supp. 738 (E.D. Pa.
    1946); cf.  In re Latham Lithographic Corp., 107 F.2d 749 (2d Cir.
    1939). Both paragraphs (1) and (3) of this subdivision, which deal
    with a transfer before the filing of a proof of claim, recognize
    that the transferee may be unable to obtain the required statement
    from the transferor, but in that event a sound reason for such
    inability must accompany the proof of claim filed by the
    transferee.
      Paragraphs (3) and (4) clarify the status of a claim transferred
    for the purpose of security.  An assignee for security has been
    recognized as a rightful claimant in bankruptcy.  Feder v.  John
    Engelhorn & Sons, 202 F.2d 411 (2d Cir. 1953). An assignor's right
    to file a claim notwithstanding the assignment was sustained in In
    re R & L Engineering Co., 182 F. Supp. 317 (S.D. Cal. 1960).
    Facilitation of the filing of proofs by both claimants as holders
    of interests in a single claim is consonant with equitable
    treatment of the parties and sound administration.  See In re
    Latham Lithographic Corp., 107 F.2d 749 (2d Cir. 1939).
      Paragraphs (2) and (4) of subdivision (e) deal with the transfer
    of a claim after proof has been filed.  Evidence of the terms of
    the transfer required to be disclosed to the court will facilitate
    the court's determination of the appropriate order to be entered
    because of the transfer.
      Paragraph (5) describes the procedure to be followed when an
    objection is made by the transferor to the transferee's filed
    evidence of transfer.
                NOTES OF ADVISORY COMMITTEE ON RULES - 1987
      Subdivision (g) was added by Sec. 354 of the 1984 amendments.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      Subdivision (a) is amended in anticipation of future revision and
    renumbering of the Official Forms.
      Subdivision (e) is amended to limit the court's role to the
    adjudication of disputes regarding transfers of claims.  If a claim
    has been transferred prior to the filing of a proof of claim, there
    is no need to state the consideration for the transfer or to submit
    other evidence of the transfer.  If a claim has been transferred
    other than for security after a proof of claim has been filed, the
    transferee is substituted for the transferor in the absence of a
    timely objection by the alleged transferor.  In that event, the
    clerk should note the transfer without the need for court
    approval.  If a timely objection is filed, the court's role is to
    determine whether a transfer has been made that is enforceable
    under nonbankruptcy law.  This rule is not intended either to
    encourage or discourage postpetition transfers of claims or to
    affect any remedies otherwise available under nonbankruptcy law to
    a transferor or transferee such as for misrepresentation in
    connection with the transfer of a claim. ''After notice and a
    hearing'' as used in subdivision (e) shall be construed in
    accordance with paragraph (5).
      The words ''with the clerk'' in subdivision (e)(2) and (e)(4) are
    deleted as unnecessary.  See Rules 5005(a) and 9001(3).
 
-REFTEXT-
                             REFERENCES IN TEXT
      The United States Warehouse Act, referred to in subd. (g), is
    Part C of act Aug. 11, 1916, ch. 313, 39 Stat. 486, as amended,
    which is classified generally to chapter 10 (Sec. 241 et seq.) of
    Title 7, Agriculture. For complete classification of this Act to
    the Code, see section 241 of Title 7 and Tables.
                               1984 AMENDMENT
      Subd. (g). Pub. L. 98-353 added subd. (g).
 
-MISC2-
                      EFFECTIVE DATE OF 1984 AMENDMENT
      Amendment by Pub. L. 98-353 effective with respect to cases filed
    90 days after July 10, 1984, see section 552(a) of Pub. L. 98-353,
    set out as a note under section 101 of this title.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 3002                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART III - CLAIMS AND DISTRIBUTION TO CREDITORS AND EQUITY INTEREST
         HOLDERS; PLANS
 
-HEAD-
    Rule 3002. Filing Proof of Claim or Interest
 
-STATUTE-
    (a) Necessity for Filing
      An unsecured creditor or an equity security holder must file a
    proof of claim or interest for the claim or interest to be allowed,
    except as provided in Rules 1019(3), 3003, 3004, and 3005.
    (b) Place of Filing
      A proof of claim or interest shall be filed in accordance with
    Rule 5005.
    (c) Time for filing
      In a chapter 7 liquidation, chapter 12 family farmer's debt
    adjustment, or chapter 13 individual's debt adjustment case, a
    proof of claim is timely filed if it is filed not later than 90
    days after the first date set for the meeting of creditors called
    under Sec. 341(a) of the Code, except as follows:
        (1) A proof of claim filed by a governmental unit is timely
      filed if it is filed not later than 180 days after the date of
      the order for relief.  On motion of a governmental unit before
      the expiration of such period and for cause shown, the court may
      extend the time for filing of a claim by the governmental unit.
        (2) In the interest of justice and if it will not unduly delay
      the administration of the case, the court may extend the time for
      filing a proof of claim by an infant or incompetent person or the
      representative of either.
        (3) An unsecured claim which arises in favor of an entity or
      becomes allowable as a result of a judgment may be filed within
      30 days after the judgment becomes final if the judgment is for
      the recovery of money or property from that entity or denies or
      avoids the entity's interest in property.  If the judgment
      imposes a liability which is not satisfied, or a duty which is
      not performed within such period or such further time as the
      court may permit, the claim shall not be allowed.
        (4) A claim arising from the rejection of an executory contract
      or unexpired lease of the debtor may be filed within such time as
      the court may direct.
        (5) If notice of insufficient assets to pay a dividend was
      given to creditors pursuant to Rule 2002(e), and subsequently the
      trustee notifies the court that payment of a dividend appears
      possible, the clerk shall notify the creditors of that fact and
      that they may file proofs of claim within 90 days after the
      mailing of the notice.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987; Apr. 30, 1991, eff.
    Aug. 1, 1991; Apr. 23, 1996, eff.  Dec. 1, 1996.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      Subdivision (a) of this rule is substantially a restatement of
    the general requirement that claims be proved and filed.  The
    exceptions refer to Rule 3003 providing for the filing of claims in
    chapter 9 and 11 cases, and to Rules 3004 and 3005 authorizing
    claims to be filed by the debtor or trustee and the filing of a
    claim by a contingent creditor of the debtor.
      A secured claim need not be filed or allowed under Sec. 502 or
    Sec. 506(d) unless a party in interest has requested a
    determination and allowance or disallowance under Sec. 502.
      Subdivision (c) is adapted from former Bankruptcy Rule 302(e) but
    changes the time limits on the filing of claims in chapter 7 and 13
    cases from six months to 90 days after the first date set for the
    meeting of creditors.  The special rule for early filing by a
    secured creditor in a chapter 13 case, in former Rule 13-302(e)(1)
    is not continued.
      Although the claim of a secured creditor may have arisen before
    the petition, a judgment avoiding the security interest may not
    have been entered until after the time for filing claims has
    expired.  Under Rule 3002(c)(3) the creditor who did not file a
    secured claim may nevertheless file an unsecured claim within the
    time prescribed.  A judgment does not become final for the purpose
    of starting the 30 day period provided for by paragraph (3) until
    the time for appeal has expired or, if an appeal is taken, until
    the appeal has been disposed of.  In re Tapp, 61 F. Supp. 594 (W.D.
    Ky. 1945).
      Paragraph (1) is derived from former Bankruptcy Rule 302(e). The
    governmental unit may move for an extension of the 90 day period.
    Pursuant to Sec. 501(c) of the Code, if the government does not
    file its claim within the proper time period, the debtor or trustee
    may file on its behalf.  An extension is not needed by the debtor
    or trustee because the right to file does not arise until the
    government's time has expired.
      Paragraph (4) is derived from former chapter rules. (See, e.g.,
    Rule 11-33(a)(2)(B). In light of the reduced time it is necessary
    that a party with a claim arising from the rejection of an
    executory contract have sufficient time to file that claim.  This
    clause allows the court to fix an appropriate time.
      Paragraph (5) of subdivision (c) is correlated with the provision
    in Rule 2002(e) authorizing notification to creditors of estates
    from which no dividends are anticipated.  The clause permits
    creditors who have refrained from filing claims after receiving
    notification to be given an opportunity to file when subsequent
    developments indicate the possibility of a dividend.  The notice
    required by this clause must be given in the manner provided in
    Rule 2002. The information relating to the discovery of assets will
    usually be obtained by the clerk from the trustee's interim reports
    or special notification by the trustee.
      Provision is made in Rule 2002(a) and (h) for notifying all
    creditors of the fixing of a time for filing claims against a
    surplus under paragraph (6). This paragraph does not deal with the
    distribution of the surplus.  Reference must also be made to Sec.
    726(a)(2)(C) and (3) which permits distribution on late filed
    claims.
      Paragraph (6) is only operative in a chapter 7 case.  In chapter
    13 cases, the plan itself provides the distribution to creditors
    which is not necessarily dependent on the size of the estate.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT
      Subdivision (a) is amended by adding a reference to Rule 1019(4).
    Rule 1019(4) provides that claims actually filed by a creditor in a
    chapter 11 or 13 case shall be treated as filed in a superseding
    chapter 7 case.  Claims deemed filed in a chapter 11 case pursuant
    to Sec. 1111(a) of the Code are not considered as filed in a
    superseding chapter 7 case.  The creditor must file a claim in the
    superseding chapter 7 case.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      Subdivision (a) is amended to conform to the renumbering of
    subdivisions of Rule 1019. Subdivision (c) is amended to include
    chapter 12 cases.  Subdivision (c)(4) is amended to clarify that it
    includes a claim arising from the rejection of an unexpired lease.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1996 AMENDMENT
      The amendments are designed to conform to Sec. 502(b)(9) and
    726(a) of the Code as amended by the Bankruptcy Reform Act of 1994.
      The Reform Act amended Sec. 726(a)(1) and added Sec. 502(b)(9) to
    the Code to govern the effects of a tardily filed claim.  Under
    Sec. 502(b)(9), a tardily filed claim must be disallowed if an
    objection to the proof of claim is filed, except to the extent that
    a holder of a tardily filed claim is entitled to distribution under
    Sec. 726(a)(1), (2), or (3).
      The phrase ''in accordance with this rule'' is deleted from Rule
    3002(a) to clarify that the effect of filing a proof of claim after
    the expiration of the time prescribed in Rule 3002(c) is governed
    by Sec. 502(b)(9) of the Code, rather than by this rule.
      Section 502(b)(9) of the Code provides that a claim of a
    governmental unit shall be timely filed if it is filed ''before 180
    days after the date of the order for relief'' or such later time as
    the Bankruptcy Rules provide.  To avoid any confusion as to whether
    a governmental unit's proof of claim is timely filed under Sec.
    502(b)(9) if it is filed on the 180th day after the order for
    relief, paragraph (1) of subdivision (c) provides that a
    governmental unit's claim is timely if it is filed not later than
    180 days after the order for relief.
      References to ''the United States, a state, or subdivision
    thereof'' in paragraph (1) of subdivision (c) are changed to
    ''governmental unit'' to avoid different treatment among foreign
    and domestic governments.
      GAP Report on Rule 3002. After publication of the proposed
    amendments, the Bankruptcy Reform Act of 1994 amended sections 726
    and 502(b) of the Code to clarify the rights of creditors who
    tardily file a proof of claim.  In view of the Reform Act, proposed
    new subdivision (d) of Rule 3002 has been deleted from the proposed
    amendments because it is no longer necessary.  In addition,
    subdivisions (a) and (c) have been changed after publication to
    clarify that the effect of tardily filing a proof of claim is
    governed by Sec. 502(b)(9) of the Code, rather than by this rule.
      The amendments to Sec. 502(b) also provide that a governmental
    unit's proof of claim is timely filed if it is filed before 180
    days after the order for relief.  Proposed amendments to 
    Rule 3002(c)(1) were added to the published amendments to conform to
    this statutory change and to avoid any confusion as to whether a
    claim by a governmental unit is timely if it is filed on the 180th
    day.
      The committee note has been re-written to explain the rule
    changes designed to conform to the Reform Act.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 3003                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART III - CLAIMS AND DISTRIBUTION TO CREDITORS AND EQUITY INTEREST
         HOLDERS; PLANS
 
-HEAD-
    Rule 3003. Filing Proof of Claim or Equity Security Interest in
        Chapter 9 Municipality or Chapter 11 Reorganization Cases
 
-STATUTE-
    (a) Applicability of Rule
      This rule applies in chapter 9 and 11 cases.
    (b) Schedule of Liabilities and List of Equity Security Holders
      (1) Schedule of Liabilities. The schedule of liabilities filed
    pursuant to Sec. 521(l) of the Code shall constitute prima facie
    evidence of the validity and amount of the claims of creditors,
    unless they are scheduled as disputed, contingent, or
    unliquidated.  It shall not be necessary for a creditor or equity
    security holder to file a proof of claim or interest except as
    provided in subdivision (c)(2) of this rule.
      (2) List of Equity Security Holders. The list of equity security
    holders filed pursuant to Rule 1007(a)(3) shall constitute prima
    facie evidence of the validity and amount of the equity security
    interests and it shall not be necessary for the holders of such
    interests to file a proof of interest.
    (c) Filing Proof of Claim
      (1) Who May File. Any creditor or indenture trustee may file a
    proof of claim within the time prescribed by subdivision (c)(3) of
    this rule.
      (2) Who Must File. Any creditor or equity security holder whose
    claim or interest is not scheduled or scheduled as disputed,
    contingent, or unliquidated shall file a proof of claim or interest
    within the time prescribed by subdivision (c)(3) of this rule; any
    creditor who fails to do so shall not be treated as a creditor with
    respect to such claim for the purposes of voting and distribution.
      (3) Time for Filing. The court shall fix and for cause shown may
    extend the time within which proofs of claim or interest may be
    filed.  Notwithstanding the expiration of such time, a proof of
    claim may be filed to the extent and under the conditions stated in
    Rule 3002(c)(2), (c)(3), and (c)(4).
      (4) Effect of Filing Claim or Interest. A proof of claim or
    interest executed and filed in accordance with this subdivision
    shall supersede any scheduling of that claim or interest pursuant
    to Sec. 521(1) of the Code.
      (5) Filing by Indenture Trustee. An indenture trustee may file a
    claim on behalf of all known or unknown holders of securities
    issued pursuant to the trust instrument under which it is trustee.
    (d) Proof of Right to Record Status
      For the purposes of Rules 3017, 3018 and 3021 and for receiving
    notices, an entity who is not the record holder of a security may
    file a statement setting forth facts which entitle that entity to
    be treated as the record holder.  An objection to the statement may
    be filed by any party in interest.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987; Apr. 30, 1991, eff.
    Aug. 1, 1991.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      Subdivision (a). This rule applies only in chapter 9 and chapter
    11 cases.  It is adapted from former Chapter X Rule 10-401 and
    provides an exception to the requirement for filing proofs of claim
    and interest as expressed in Sec. 925 and 1111(a) of the Code.
      Subdivision (b). This general statement implements Sec. 925 and
    1111(a) of the Code.
      Subdivision (c). This subdivision permits, in paragraph (1), the
    filing of a proof of claim but does not make it mandatory.
    Paragraph (2) requires, as does the Code, filing when a claim is
    scheduled as disputed, contingent, or unliquidated as to amount.
    It is the creditor's responsibility to determine if the claim is
    accurately listed.  Notice of the provision of this rule is
    provided for in Official Form No. 16, the order for the meeting of
    creditors.  In an appropriate case the court may order creditors
    whose claims are scheduled as disputed, contingent, or unliquidated
    be notified of that fact but the procedure is left to the
    discretion of the court.
      Subdivision (d) is derived from former Chapter X Rule 10-401(f).
      Except with respect to the need and time for filing claims, the
    other aspects concerning claims covered by Rules 3001 and 3002 are
    applicable in chapter 9 and 11 cases.
      Holders of equity security interests need not file proofs of
    interest.  Voting and distribution participation is dependent on
    ownership as disclosed by the appropriate records of a transfer
    agent or the corporate or other business records at the time
    prescribed in Rules 3017 and 3021.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      Paragraph (3) of subdivision (c) is amended to permit the late
    filing of claims by infants or incompetent persons under the same
    circumstances that permit late filings in cases under chapter 7,
    12, or 13. The amendment also provides sufficient time in which to
    file a claim that arises from a postpetition judgment against the
    claimant for the recovery of money or property or the avoidance of
    a lien.  It also provides for purposes of clarification that upon
    rejection of an executory contract or unexpired lease, the court
    shall set a time for filing a claim arising therefrom despite prior
    expiration of the time set for filing proofs of claim.
      The caption of paragraph (4) of subdivision (c) is amended to
    indicate that it applies to a proof of claim.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 3004                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART III - CLAIMS AND DISTRIBUTION TO CREDITORS AND EQUITY INTEREST
         HOLDERS; PLANS
 
-HEAD-
    Rule 3004. Filing of Claims by Debtor or Trustee
 
-STATUTE-
      If a creditor fails to file a proof of claim on or before the
    first date set for the meeting of creditors called pursuant to Sec.
    341(a) of the Code, the debtor or trustee may do so in the name of
    the creditor, within 30 days after expiration of the time for
    filing claims prescribed by Rule 3002(c) or 3003(c), whichever is
    applicable.  The clerk shall forthwith mail notice of the filing to
    the creditor, the debtor and the trustee.  A proof of claim filed
    by a creditor pursuant to Rule 3002 or Rule 3003(c), shall
    supersede the proof filed by the debtor or trustee.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      This rule is adapted from former Bankruptcy Rule 303 but conforms
    with the changes made by Sec. 501(c) of the Code. Rule 303
    permitted only the filing of tax and wage claims by the debtor.
    Section 501(c) of the Code, however, permits the filing by the
    debtor or trustee on behalf of any creditor.
      It is the policy of the Code that debtors' estates should be
    administered for the benefit of creditors without regard to the
    dischargeability of their claims.  After their estates have been
    closed, however, discharged debtors may find themselves saddled
    with liabilities, particularly for taxes, which remain unpaid
    because of the failure of creditors holding nondis- chargeable
    claims to file proofs of claim and receive distributions thereon.
    The result is that the debtor is deprived of an important benefit
    of the Code without any fault or omission on the debtor's part and
    without any objective of the Code being served thereby.
      Section 501(c) of the Code authorizes a debtor or trustee to file
    a proof of claim for any holder of a claim.  Although all claims
    may not be nondischargeable, it may be difficult to determine, in
    particular, whether tax claims survive discharge.  See Plumb,
    Federal Tax Liens and Priorities in Bankruptcy, 43 Ref. J. 37,
    43-44 (1969); 1 Collier, Bankruptcy 17.14 (14th ed. 1967); 3 id.
    523.06 (15th ed. 1979). To eliminate the necessity of the
    resolution of this troublesome issue, the option accorded the
    debtor by the Code does not depend on the nondischargeability of
    the claim.  No serious administrative problems and no unfairness to
    creditors seemed to develop from adoption of Rule 303, the
    forerunner to Sec. 501(c). The authority to file is conditioned on
    the creditor's failure to file the proof of claim on or before the
    first date set for the meeting of creditors, which is the date a
    claim must ordinarily be filed in order to be voted in a chapter 7
    case.  Notice to the creditor is provided to enable him to file a
    proof of claim pursuant to Rule 3002, which proof, when filed,
    would supersede the proof filed by the debtor or trustee.  Notice
    to the trustee would serve to alert the trustee to the special
    character of the proof and the possible need for supplementary
    evidence of the validity and amount of the claim.  If the trustee
    does not qualify until after a proof of claim is filed by the
    debtor pursuant to this rule, he should be notified as soon as
    practicable thereafter.
      To the extent the claim is allowed and dividends paid thereon, it
    will be reduced or perhaps paid in full.  If the claim is also
    filed pursuant to Rule 3005, only one distribution thereon may be
    made.  As expressly required by Rule 3005 and by the purpose of
    this rule such distribution must diminish the claim.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT
      Under the rule as amended, the debtor or trustee in a chapter 7
    or 13 case has 120 days from the first date set for the meeting of
    creditors to file a claim for the creditor.  During the first 90
    days of that period the creditor in a chapter 7 or 13 case may file
    a claim as provided by Rule 3002(c). If the creditor fails to file
    a claim, the debtor or trustee shall have an additional 30 days
    thereafter to file the claim.  A proof of claim filed by a creditor
    supersedes a claim filed by the debtor or trustee only if it is
    timely filed within the 90 days allowed under Rule 3002(c).
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 3005                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART III - CLAIMS AND DISTRIBUTION TO CREDITORS AND EQUITY INTEREST
         HOLDERS; PLANS
 
-HEAD-
    Rule 3005. Filing of Claim, Acceptance, or Rejection by Guarantor,
        Surety, Indorser, or Other Codebtor
 
-STATUTE-
    (a) Filing of Claim
      If a creditor has not filed a proof of claim pursuant to Rule
    3002 or 3003(c), an entity that is or may be liable with the debtor
    to that creditor, or who has secured that creditor, may, within 30
    days after the expiration of the time for filing claims prescribed
    by Rule 3002(c) or 3003(c) whichever is applicable, execute and
    file a proof of claim in the name of the creditor, if known, or if
    unknown, in the entity's own name.  No distribution shall be made
    on the claim except on satisfactory proof that the original debt
    will be diminished by the amount of distribution.  A proof of claim
    filed by a creditor pursuant to Rule 3002 or 3003(c) shall
    supersede the proof of claim filed pursuant to the first sentence
    of this subdivision.
    (b) Filing of Acceptance or Rejection; Substitution of Creditor
      An entity which has filed a claim pursuant to the first sentence
    of subdivision (a) of this rule may file an acceptance or rejection
    of a plan in the name of the creditor, if known, or if unknown, in
    the entity's own name but if the creditor files a proof of claim
    within the time permitted by Rule 3003(c) or files a notice prior
    to confirmation of a plan of the creditor's intention to act in the
    creditor's own behalf, the creditor shall be substituted for the
    obligor with respect to that claim.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987; Apr. 30, 1991, eff.
    Aug. 1, 1991.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      This rule is adapted from former Rules 304 and 10-402. Together
    with Sec. 501(b) of the Code, the rule makes clear that anyone who
    may be liable on a debt of the debtor, including a surety,
    guarantor, indorser, or other codebtor, is authorized to file in
    the name of the creditor of the debtor.
      Subdivision (a). Rule 3002(c) provides the time period for filing
    proofs of claim in chapter 7 and 13 cases; Rule 3003(c) provides
    the time, when necessary, for filing claims in a chapter 9 or 11
    case.
      Subdivision (b). This subdivision applies in chapter 9 and 11
    cases as distinguished from chapter 7 cases.  It permits voting for
    or against a plan by an obligor who files a claim in place of the
    creditor.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      The words ''with the court'' in subdivision (b) are deleted as
    unnecessary.  See Rules 5005(a) and 9001(3).
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 3006                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART III - CLAIMS AND DISTRIBUTION TO CREDITORS AND EQUITY INTEREST
         HOLDERS; PLANS
 
-HEAD-
    Rule 3006. Withdrawal of Claim; Effect on Acceptance or Rejection
        of Plan
 
-STATUTE-
      A creditor may withdraw a claim as of right by filing a notice of
    withdrawal, except as provided in this rule.  If after a creditor
    has filed a proof of claim an objection is filed thereto or a
    complaint is filed against that creditor in an adversary
    proceeding, or the creditor has accepted or rejected the plan or
    otherwise has participated significantly in the case, the creditor
    may not withdraw the claim except on order of the court after a
    hearing on notice to the trustee or debtor in possession, and any
    creditors' committee elected pursuant to Sec. 705(a) or appointed
    pursuant to Sec. 1102 of the Code. The order of the court shall
    contain such terms and conditions as the court deems proper.
    Unless the court orders otherwise, an authorized withdrawal of a
    claim shall constitute withdrawal of any related acceptance or
    rejection of a plan.
 
-SOURCE-
    (As amended Apr. 30, 1991, eff.  Aug. 1, 1991.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      This rule is derived from former Rules 305 and 10-404.
      Since 1938 it has generally been held that Rule 41 F.R.Civ.P.
    governs the withdrawal of a proof of claim.  In re Empire Coal
    Sales Corp., 45 F. Supp. 974, 976 (S.D.N.Y.), aff'd sub nom.  Kleid
    v.  Ruthbell Coal Co., 131 F.2d 372, 373 (2d Cir. 1942); Kelso v.
    MacLaren, 122 F.2d 867, 870 (8th Cir. 1941); In re Hills, 35 F.
    Supp. 532, 533 (W.D. Wash. 1940). Accordingly, the cited cases held
    that after an objection has been filed a proof of claim may be
    withdrawn only subject to approval by the court.  This constitutes
    a restriction of the right of withdrawal as recognized by some
    though by no means all of the cases antedating the promulgation of
    the Federal Rules of Civil Procedure. See 3 Collier Bankruptcy,
    57.12 (14th ed. 1961); Note, 20 Bost. U. L. Rev. 121 (1940).
      The filing of a claim does not commence an adversary proceeding
    but the filing of an objection to the claim initiates a contest
    that must be disposed of by the court.  This rule recognizes the
    applicability of the considerations underlying Rule 41(a)
    F.R.Civ.P. to the withdrawal of a claim after it has been put in
    issue by an objection.  Rule 41(a)(2) F.R.Civ.P. requires leave of
    court to obtain dismissal over the objection of a defendant who has
    pleaded a counterclaim prior to the service of the plaintiff's
    motion to dismiss.  Although the applicability of this provision to
    the withdrawal of a claim was assumed in Conway v.  Union Bank of
    Switzerland, 204 F.2d 603, 608 (2d Cir. 1953), Kleid v.  Ruthbell
    Coal Co., supra, Kelso v.  MacLaren, supra, and In re Hills, supra,
    this rule vests discretion in the court to grant, deny, or
    condition the request of a creditor to withdraw, without regard to
    whether the trustee has filed a merely defensive objection or a
    complaint seeking an affirmative recovery of money or property from
    the creditor.
      A number of pre-1938 cases sustained denial of a creditor's
    request to withdraw proof of claim on the ground of estoppel or
    election of remedies. 2 Remington, Bankruptcy 186 (Henderson ed.
    1956); cf. 3 Collier, supra 57.12, at 201 (1964). Voting a claim
    for a trustee was an important factor in the denial of a request to
    withdraw in Standard Varnish Works v.  Haydock, 143 Fed. 318,
    319-20 (6th Cir. 1906), and In re Cann, 47 F.2d 661, 662 (W.D. Pa.
    1931). And it has frequently been recognized that a creditor should
    not be allowed to withdraw a claim after accepting a dividend.  In
    re Friedmann, 1 Am. B. R. 510, 512 (Ref., S.D.N.Y. 1899); 3 Collier
    205 (1964); cf.  In re O'Gara Coal Co., 12 F.2d 426, 429 (7th
    Cir.), cert. denied, 271 U.S. 683 (1926). It was held in Industrial
    Credit Co. v.  Hazen, 222 F.2d 225 (8th Cir. 1955), however, that
    although a claimant had participated in the first meeting of
    creditors and in the examination of witnesses, the creditor was
    entitled under Rule 41(a)(1) F.R.Civ.P. to withdraw the claim as of
    right by filing a notice of withdrawal before the trustee filed an
    objection under Sec. 57g of the Act. While this rule incorporates
    the post-1938 case law referred to in the first paragraph of this
    note, it rejects the inference drawn in the Hazen case that Rule 41(a)
    F.R.Civ.P. supersedes the pre-1938 case law that vests
    discretion in the court to deny or restrict withdrawal of a claim
    by a creditor on the ground of estoppel or election of remedies.
    While purely formal or technical participation in a case by a
    creditor who has filed a claim should not deprive the creditor of
    the right to withdraw the claim, a creditor who has accepted a
    dividend or who has voted in the election of a trustee or otherwise
    participated actively in proceedings in a case should be permitted
    to withdraw only with the approval of the court on terms it deems
    appropriate after notice to the trustee. 3 Collier 205-06 (1964).
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      This amendment is stylistic.  Notice of the hearing need not be
    given to committees of equity security holders appointed pursuant
    to Sec. 1102 or committees of retired employees appointed pursuant
    to Sec. 1114 of the Code.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 3007                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART III - CLAIMS AND DISTRIBUTION TO CREDITORS AND EQUITY INTEREST
         HOLDERS; PLANS
 
-HEAD-
    Rule 3007. Objections to Claims
 
-STATUTE-
      An objection to the allowance of a claim shall be in writing and
    filed.  A copy of the objection with notice of the hearing thereon
    shall be mailed or otherwise delivered to the claimant, the debtor
    or debtor in possession and the trustee at least 30 days prior to
    the hearing.  If an objection to a claim is joined with a demand
    for relief of the kind specified in Rule 7001, it becomes an
    adversary proceeding.
 
-SOURCE-
    (As amended Apr. 30, 1991, eff.  Aug. 1, 1991.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      This rule is derived from Sec. 47a(8) of the Act and former
    Bankruptcy Rule 306. It prescribes the manner in which an objection
    to a claim shall be made and notice of the hearing thereon given to
    the claimant.  The requirement of a writing does not apply to an
    objection to the allowance of a claim for the purpose of voting for
    a trustee or creditors' committee in a chapter 7 case.  See Rule
    2003.
      The contested matter initiated by an objection to a claim is
    governed by Rule 9014, unless a counterclaim by the trustee is
    joined with the objection to the claim.  The filing of a
    counterclaim ordinarily commences an adversary proceeding subject
    to the rules in Part VII.
      While the debtor's other creditors may make objections to the
    allowance of a claim, the demands of orderly and expeditious
    administration have led to a recognition that the right to object
    is generally exercised by the trustee.  Pursuant to Sec. 502(a) of
    the Code, however, any party in interest may object to a claim.
    But under Sec. 704 the trustee, if any purpose would be served
    thereby, has the duty to examine proofs of claim and object to
    improper claims.
      By virtue of the automatic allowance of a claim not objected to,
    a dividend may be paid on a claim which may thereafter be
    disallowed on objection made pursuant to this rule.  The amount of
    the dividend paid before the disallowance in such event would be
    recoverable by the trustee in an adversary proceeding.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      The words ''with the court'' are deleted as unnecessary.  See
    Rules 5005(a) and 9001(3).
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 3008                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART III - CLAIMS AND DISTRIBUTION TO CREDITORS AND EQUITY INTEREST
         HOLDERS; PLANS
 
-HEAD-
    Rule 3008. Reconsideration of Claims
 
-STATUTE-
      A party in interest may move for reconsideration of an order
    allowing or disallowing a claim against the estate.  The court
    after a hearing on notice shall enter an appropriate order.
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      Section 502(j) of the Code deals only with the reconsideration of
    allowed claims as did former Sec. 57k of the Act and General Order
    21(b). It had sometimes been held that a referee had no
    jurisdiction to reconsider a disallowed claim, or the amount or
    priority of an allowed claim, at the instance of the claimant.
    See, e.g., In re Gouse, 7 F. Supp. 106 (M.D. Pa. 1934); In re
    Tomlinson & Dye, Inc., 3 F. Supp. 800 (N.D. Okla. 1933). This view
    disregarded Sec. 2a(2) of the Act and the ''ancient and elementary
    power'' of a referee as a court to reconsider orders.  In re
    Pottasch Brow. Co., Inc., 79 F.2d 613, 616 (2d Cir. 1935); Castaner
    v.  Mora, 234 F.2d 710 (1st Cir. 1956). This rule recognizes, as
    did former Bankruptcy Rule 307, the power of the court to
    reconsider an order of disallowance on appropriate motion.
      Reconsideration of a claim that has been previously allowed or
    disallowed after objection is discretionary with the court.  The
    right to seek reconsideration of an allowed claim, like the right
    to object to its allowance, is generally exercised by the trustee
    if one has qualified and is performing the duties of that office
    with reasonable diligence and fidelity.  A request for
    reconsideration of a disallowance would, on the other hand,
    ordinarily come from the claimant.
      A proof of claim executed and filed in accordance with the rules
    in this Part III is prima facie evidence of the validity and the
    amount of the claim notwithstanding a motion for reconsideration of
    an order of allowance.  Failure to respond does not constitute an
    admission, though it may be deemed a consent to a reconsideration.
    In re Goble Boat Co., 190 Fed. 92 (N.D.N.Y. 1911). The court may
    decline to reconsider an order of allowance or disallowance without
    notice to any adverse party and without affording any hearing to
    the movant.  If a motion to reconsider is granted, notice and
    hearing must be afforded to parties in interest before the previous
    action in the claim taken in respect to the claim may be vacated or
    modified.  After reconsideration, the court may allow or disallow
    the claim, increase or decrease the amount of a prior allowance,
    accord the claim a priority different from that originally assigned
    it, or enter any other appropriate order.
      The rule expands Sec. 502(j) which provides for reconsideration
    of an allowance only before the case is closed.  Authorities have
    disagreed as to whether reconsideration may be had after a case has
    been reopened.  Compare 3 Collier Bankruptcy 57.23(4) (14th ed.
    1964), see generally 3 id. 502.10 (15th ed. 1979), with 2
    Remington, Bankruptcy 498 (Henderson ed. 1956). If a case is
    reopened as provided in Sec. 350(b) of the Code, reconsideration of
    the allowance or disallowance of a claim may be sought and granted
    in accordance with this rule.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 3009                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART III - CLAIMS AND DISTRIBUTION TO CREDITORS AND EQUITY INTEREST
         HOLDERS; PLANS
 
-HEAD-
    Rule 3009. Declaration and Payment of Dividends in a Chapter 7
        Liquidation Case
 
-STATUTE-
      In a chapter 7 case, dividends to creditors shall be paid as
    promptly as practicable.  Dividend checks shall be made payable to
    and mailed to each creditor whose claim has been allowed, unless a
    power of attorney authorizing another entity to receive dividends
    has been executed and filed in accordance with Rule 9010. In that
    event, dividend checks shall be made payable to the creditor and to
    the other entity and shall be mailed to the other entity.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987; Apr. 22, 1993, eff.
    Aug. 1, 1993.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      This rule is derived from former Rules 308 and 11-35(a). The
    preparation of records showing dividends declared and to whom
    payable is subject to prescription by the Director of the
    Administrative Office pursuant to Rule 5003(e). The rule governs
    distributions to creditors having priority as well as to general
    unsecured creditors.  Notwithstanding the detailed statutory
    provisions regulating the declaration of dividends, a necessarily
    wide discretion over this matter has been recognized to reside in
    the court.  See 3A Collier, Bankruptcy 65.03 (14th ed. 1975): 1
    Proceedings of Seminar for Newly Appointed Referees in Bankruptcy
    173 (1964). Although the rule leaves to the discretion of the court
    the amount and the times of dividend payments, it recognizes the
    creditors' right to as prompt payment as practicable.
      The second and third sentences of the rule make explicit the
    method of payment of dividends and afford protection of the
    interests of the creditor and the holder of a power of attorney
    authorized to receive payment.
      The rule does not permit variance at local option.  This
    represents a marked change from former Bankruptcy Rule 308.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1993 AMENDMENT
      This rule is amended to delete the requirement that the court
    approve the amounts and times of distributions in chapter 7 cases.
    This change recognizes the role of the United States trustee in
    supervising trustees.  Other amendments are stylistic and make no
    substantive change.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 3010                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART III - CLAIMS AND DISTRIBUTION TO CREDITORS AND EQUITY INTEREST
         HOLDERS; PLANS
 
-HEAD-
    Rule 3010. Small Dividends and Payments in Chapter 7 Liquidation,
        Chapter 12 Family Farmer's Debt Adjustment, and Chapter 13
        Individual's Debt Adjustment Cases
 
-STATUTE-
    (a) Chapter 7 Cases
      In a chapter 7 case no dividend in an amount less than $5 shall
    be distributed by the trustee to any creditor unless authorized by
    local rule or order of the court.  Any dividend not distributed to
    a creditor shall be treated in the same manner as unclaimed funds
    as provided in Sec. 347 of the Code.
    (b) Chapter 12 and Chapter 13 Cases
      In a chapter 12 or chapter 13 case no payment in an amount less
    than $15 shall be distributed by the trustee to any creditor unless
    authorized by local rule or order of the court.  Funds not
    distributed because of this subdivision shall accumulate and shall
    be paid whenever the accumulation aggregates $15. Any funds
    remaining shall be distributed with the final payment.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987; Apr. 30, 1991, eff.
    Aug. 1, 1991.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      This rule permits a court to eliminate the disproportionate
    expense and inconvenience incurred by the issuance of a dividend
    check of less than $5 (or $15 in a chapter 13 case).  Creditors are
    more irritated than pleased to receive such small dividends, but
    the money is held subject to their specific request as are
    unclaimed dividends under Sec. 347(a) of the Code. When the trustee
    deposits undistributed dividends pursuant to a direction in
    accordance with this rule the trustee should file with the clerk a
    list of the names and addresses, so far as known, of the persons
    entitled to the money so deposited and the respective amounts
    payable to them pursuant to Rule 3011. In a chapter 13 case, the
    small dividend will accumulate and will be payable at the latest,
    with the final dividend.  Local rule or order may change the
    practice permitted in this rule and, in that connection, the order
    may be incorporated in the order confirming a chapter 13 plan.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      Subdivision (b) is amended to include chapter 12 cases.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 3011                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART III - CLAIMS AND DISTRIBUTION TO CREDITORS AND EQUITY INTEREST
         HOLDERS; PLANS
 
-HEAD-
    Rule 3011. Unclaimed Funds in Chapter 7 Liquidation, Chapter 12
        Family Farmer's Debt Adjustment, and Chapter 13 Individual's
        Debt Adjustment Cases
 
-STATUTE-
      The trustee shall file a list of all known names and addresses of
    the entities and the amounts which they are entitled to be paid
    from remaining property of the estate that is paid into court
    pursuant to Sec. 347(a) of the Code.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987; Apr. 30, 1991, eff.
    Aug. 1, 1991.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      This rule is derived from former Bankruptcy Rule 310. The
    operative provisions of that rule, however, are contained in Sec.
    347(a) of the Code, requiring the trustee to stop payment of checks
    remaining unpaid 90 days after distribution.  The rule adds the
    requirement of filing a list of the names and addresses of the
    persons entitled to these dividends.  This rule applies in a
    chapter 7 or 13 case but not in a chapter 9 or 11 case.  The latter
    cases are governed by Sec. 347(b) of the Code which provides for
    unclaimed distributions to be returned to the debtor or other
    entity acquiring the assets of the debtor.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      The title of this rule is amended to include chapter 12 cases.
    The words ''with the clerk'' are deleted as unnecessary.  See Rules
    5005(a) and 9001(3).
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 3012                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART III - CLAIMS AND DISTRIBUTION TO CREDITORS AND EQUITY INTEREST
         HOLDERS; PLANS
 
-HEAD-
    Rule 3012. Valuation of Security
 
-STATUTE-
      The court may determine the value of a claim secured by a lien on
    property in which the estate has an interest on motion of any party
    in interest and after a hearing on notice to the holder of the
    secured claim and any other entity as the court may direct.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      Pursuant to Sec. 506(a) of the Code, secured claims are to be
    valued and allowed as secured to the extent of the value of the
    collateral and unsecured, to the extent it is enforceable, for the
    excess over such value.  The valuation of secured claims may become
    important in different contexts e.g., to determine the issue of
    adequate protection under Sec. 361, impairment under Sec. 1124, or
    treatment of the claim in a plan pursuant to Sec. 1129(b) of the
    Code. This rule permits the issue to be raised on motion by a party
    in interest.  The secured creditor is entitled to notice of the
    hearing on the motion and the court may direct that others in the
    case also receive such notice.
      An adversary proceeding is commenced when the validity, priority,
    or extent of a lien is at issue as prescribed by Rule 7001. That
    proceeding is relevant to the basis of the lien itself while
    valuation under Rule 3012 would be for the purposes indicated
    above.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 3013                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART III - CLAIMS AND DISTRIBUTION TO CREDITORS AND EQUITY INTEREST
         HOLDERS; PLANS
 
-HEAD-
    Rule 3013. Classification of Claims and Interests
 
-STATUTE-
      For the purposes of the plan and its acceptance, the court may,
    on motion after hearing on notice as the court may direct,
    determine classes of creditors and equity security holders pursuant
    to Sec. 1122, 1222(b)(1), and 1322(b)(1) of the Code.
 
-SOURCE-
    (As amended Apr. 30, 1991, eff.  Aug. 1, 1991.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      Sections 1122 and 1322(b)(1) set the standards for classifying
    claims and interests but provide that such classification is
    accomplished in the plan.  This rule does not change the standards;
    rather it recognizes that it may be desirable or necessary to
    establish proper classification before a plan can be formulated.
    It provides for a court hearing on such notice as the court may
    direct.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      This rule is amended to include chapter 12 cases.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 3014                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART III - CLAIMS AND DISTRIBUTION TO CREDITORS AND EQUITY INTEREST
         HOLDERS; PLANS
 
-HEAD-
    Rule 3014. Election Under Sec. 1111(b) by Secured Creditor in
        Chapter 9 Municipality or Chapter 11 Reorganization Case
 
-STATUTE-
      An election of application of Sec. 1111(b)(2) of the Code by a
    class of secured creditors in a chapter 9 or 11 case may be made at
    any time prior to the conclusion of the hearing on the disclosure
    statement or within such later time as the court may fix.  If the
    disclosure statement is conditionally approved pursuant to Rule
    3017.1, and a final hearing on the disclosure statement is not
    held, the election of application of Sec. 1111(b)(2) may be made
    not later than the date fixed pursuant to Rule 3017.1(a)(2) or
    another date the court may fix.  The election shall be in writing
    and signed unless made at the hearing on the disclosure statement.
    The election, if made by the majorities required by Sec.
    1111(b)(1)(A)(i), shall be binding on all members of the class with
    respect to the plan.
 
-SOURCE-
    (As amended Apr. 11, 1997, eff.  Dec. 1, 1997.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      Pursuant to Sec. 1111(b)(1) of the Code, a nonrecourse secured
    loan is converted, automatically, into a recourse loan thereby
    entitling the creditor to an unsecured deficiency claim if the
    value of the collateral is less than the debt.  The class, however,
    may retain the loan as a nonrecourse loan by electing application
    of Sec. 1111(b)(2) by the majorities stated in Sec.
    1111(b)(1)(A)(i). That section does not specify any time periods
    for making the election.
      Rule 3014 provides that if no agreement is negotiated, the
    election of Sec. 1111(b)(2) of the Code may be made at any time
    prior to conclusion of the hearing on the disclosure statement.
    Once the hearing has been concluded, it would be too late for a
    secured creditor class to demand different treatment unless the
    court has fixed a later time.  This would be the case if, for
    example, a public class of secured creditors should have an
    approved disclosure statement prior to electing under Sec. 1111(b).
      Generally it is important that the proponent of a plan ascertain
    the position of the secured creditor class before a plan is
    proposed.  The secured creditor class must know the prospects of
    its treatment under the plan before it can intelligently determine
    its rights under Sec. 1111(b). The rule recognizes that there may
    be negotiations between the proponent of the plan and the secured
    creditor leading to a representation of desired treatment under
    Sec. 1111(b). If that treatment is approved by the requisite
    majorities of the class and culminates in a written, signed
    statement filed with the court, that statement becomes binding and
    the class may not thereafter demand different treatment under Sec.
    1111(b) with respect to that plan.  The proponent of the plan is
    thus enabled to seek approval of the disclosure statement and
    transmit the plan for voting in anticipation of confirmation.  Only
    if that plan is not confirmed may the class of secured creditors
    thereafter change its prior election.
      While this rule and the Code refer to a class of secured
    creditors it should be noted that ordinarily each secured creditor
    is in a separate and distinct class.  In that event, the secured
    creditor has the sole power to determine application of Sec.
    1111(b) with respect to that claim.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1997 AMENDMENT
      This amendment provides a deadline for electing application of
    Sec. 1111(b)(2) in a small business case in which a conditionally
    approved disclosure statement is finally approved without a
    hearing.
      GAP Report on Rule 3014. No changes to the published draft.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 3015                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART III - CLAIMS AND DISTRIBUTION TO CREDITORS AND EQUITY INTEREST
         HOLDERS; PLANS
 
-HEAD-
    Rule 3015. Filing, Objection to Confirmation, and Modification of a
        Plan in a Chapter 12 Family Farmer's Debt Adjustment or a
        Chapter 13 Individual's Debt Adjustment Case
 
-STATUTE-
    (a) Chapter 12 Plan
      The debtor may file a chapter 12 plan with the petition.  If a
    plan is not filed with the petition, it shall be filed within the
    time prescribed by Sec. 1221 of the Code.
    (b) Chapter 13 Plan
      The debtor may file a chapter 13 plan with the petition.  If a
    plan is not filed with the petition, it shall be filed within 15
    days thereafter, and such time may not be further extended except
    for cause shown and on notice as the court may direct.  If a case
    is converted to chapter 13, a plan shall be filed within 15 days
    thereafter, and such time may not be further extended except for
    cause shown and on notice as the court may direct.
    (c) Dating
      Every proposed plan and any modification thereof shall be dated.
    (d) Notice and Copies
      The plan or a summary of the plan shall be included with each
    notice of the hearing on confirmation mailed pursuant to Rule 2002.
    If required by the court, the debtor shall furnish a sufficient
    number of copies to enable the clerk to include a copy of the plan
    with the notice of the hearing.
    (e) Transmission to United States Trustee
      The clerk shall forthwith transmit to the United States trustee a
    copy of the plan and any modification thereof filed pursuant to
    subdivision (a) or (b) of this rule.
    (f) Objection to Confirmation; Determination of Good Faith in the
        Absence of an Objection
      An objection to confirmation of a plan shall be filed and served
    on the debtor, the trustee, and any other entity designated by the
    court, and shall be transmitted to the United States trustee,
    before confirmation of the plan.  An objection to confirmation is
    governed by Rule 9014. If no objection is timely filed, the court
    may determine that the plan has been proposed in good faith and not
    by any means forbidden by law without receiving evidence on such
    issues.
    (g) Modification of Plan After Confirmation
      A request to modify a plan pursuant to Sec. 1229 or Sec. 1329 of
    the Code shall identify the proponent and shall be filed together
    with the proposed modification.  The clerk, or some other person as
    the court may direct, shall give the debtor, the trustee, and all
    creditors not less than 20 days notice by mail of the time fixed
    for filing objections and, if an objection is filed, the hearing to
    consider the proposed modification, unless the court orders
    otherwise with respect to creditors who are not affected by the
    proposed modification.  A copy of the notice shall be transmitted
    to the United States trustee.  A copy of the proposed modification,
    or a summary thereof, shall be included with the notice.  If
    required by the court, the proponent shall furnish a sufficient
    number of copies of the proposed modification, or a summary
    thereof, to enable the clerk to include a copy with each notice.
    Any objection to the proposed modification shall be filed and
    served on the debtor, the trustee, and any other entity designated
    by the court, and shall be transmitted to the United States
    trustee.  An objection to a proposed modification is governed by
    Rule 9014.
 
-SOURCE-
    (As amended Apr. 30, 1991, eff.  Aug. 1, 1991; Apr. 22, 1993, eff.
    Aug. 1, 1993.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      Section 1321 provides only that the ''debtor shall file a plan.''
    No time periods are specified, nor is any other detail provided.
    The rule requires a chapter 13 plan to be filed either with the
    petition or within 15 days thereafter.  The court may, for cause,
    extend the time.  The rule permits a summary of the plan to be
    transmitted with the notice of the hearing on confirmation.  The
    court may, however, require the plan itself to be transmitted and
    the debtor to supply enough copies for this purpose.  In the former
    rules under Chapter XIII the plan would accompany the notice of the
    first meeting of creditors.  It is more important for the plan or a
    summary of its terms to be sent with the notice of the confirmation
    hearing.  At that hearing objections to the plan will be heard by
    the court.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      This rule is amended to include chapter 12 plans.  Section 1221
    of the Code requires the debtor to file a chapter 12 plan not later
    than 90 days after the order for relief, except that the court may
    extend the period if an extension is ''substantially justified.''
      Subdivision (e) enables the United States trustee to monitor
    chapter 12 and chapter 13 plans pursuant to 28 U.S.C. Sec.
    586(a)(3)(C).
           NOTES OF ADVISORY COMMITTEE ON RULES - 1993 AMENDMENT
      Subdivision (b) is amended to provide a time limit for filing a
    plan after a case has been converted to chapter 13. The
    substitution of ''may'' for ''shall'' is stylistic and makes no
    substantive change.
      Subdivision (d) is amended to clarify that the plan or a summary
    of the plan must be included with each notice of the confirmation
    hearing in a chapter 12 case pursuant to Rule 2002(a).
      Subdivision (f) is added to expand the scope of the rule to
    govern objections to confirmation in chapter 12 and chapter 13
    cases.  The subdivision also is amended to include a provision that
    permits the court, in the absence of an objection, to determine
    that the plan has been proposed in good faith and and not by any
    means forbidden by law without the need to receive evidence on
    these issues.  These matters are now governed by Rule 3020.
      Subdivision (g) is added to provide a procedure for
    post-confirmation modification of chapter 12 and chapter 13 plans.
    These procedures are designed to be similar to the procedures for
    confirmation of plans.  However, if no objection is filed with
    respect to a proposed modification of a plan after confirmation,
    the court is not required to hold a hearing.  See Sec. 1229(b)(2)
    and Sec. 1329(b)(2) which provide that the plan as modified becomes
    the plan unless, after notice and a hearing, such modification is
    disapproved.  See Sec. 102(1). The notice of the time fixed for
    filing objections to the proposed modification should set a date
    for a hearing to be held in the event that an objection is filed.
      Amendments to the title of this rule are stylistic and make no
    substantive change.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 3016                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART III - CLAIMS AND DISTRIBUTION TO CREDITORS AND EQUITY INTEREST
         HOLDERS; PLANS
 
-HEAD-
    Rule 3016. Filing of Plan and Disclosure Statement in Chapter 9
        Municipality and Chapter 11 Reorganization Cases
 
-STATUTE-
    (a) Identification of Plan
      Every proposed plan and any modification thereof shall be dated
    and, in a chapter 11 case, identified with the name of the entity
    or entities submitting or filing it.
    (b) Disclosure Statement
      In a chapter 9 or 11 case, a disclosure statement under Sec. 1125
    or evidence showing compliance with Sec. 1126(b) of the Code shall
    be filed with the plan or within a time fixed by the court.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987; Apr. 30, 1991, eff.
    Aug. 1, 1991; Apr. 23, 1996, eff.  Dec. 1, 1996.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      This rule implements the Code provisions concerning the filing of
    plans in chapters 9 and 11.
      Chapter 9 Cases. Section 941 provides that the debtor may file a
    plan with the petition or thereafter but within a time fixed by the
    court.  A rule, therefore, is unnecessary to specify the time for
    filing chapter 9 plans.
      Chapter 11 Nonrailroad Cases. Section 1121 contains detailed
    provisions with respect to who may file a chapter 11 plan and, in
    part, the time period.  Section 1121(a) permits a debtor to file a
    plan with the petition or at any time during the case.  Section
    1121(b) and (c) grants exclusive periods of 120 days and 180 days
    for the debtor to file and obtain acceptance of a plan.  Failure to
    take advantage of these periods or the appointment of a trustee
    would permit other parties in interest to file a plan.  These
    statutory provisions are not repeated in the rules.
      Chapter 11 Railroad Cases. Pursuant to subchapter IV of chapter
    11, Sec. 1121 of the Code is applicable in railroad cases; see Sec.
    1161, 103(g). A trustee, however, is to be appointed in every case;
    thus, pursuant to Sec. 1121(c), any party in interest may file a
    plan.  See discussion of subdivision (a) of this rule, infra.
      Subdivision (a). Section 1121(c), while permitting parties in
    interest a limited right to file plans, does not provide any time
    limitation.  This subdivision sets as the deadline, the conclusion
    of the hearing on the disclosure statement.  The court may,
    however, grant additional time.  It is derived from former Chapter
    X Rule 10-301(c)(2) which used, as the cut-off time, the conclusion
    of the hearing on approval of a plan.  As indicated, supra, Sec.
    1121(a) permits a debtor to file a plan at any time during the
    chapter 11 case.  Under Sec. 1121(c), parties other than a debtor
    may file a plan only after a trustee is appointed or the debtor's
    exclusive time expires.
      Subdivision (b) requires plans to be properly identified.
      Subdivision (c). This provision is new.  In chapter 9 and 11
    cases (including railroad reorganization cases) postpetition
    solicitation of votes on a plan requires transmittal of a
    disclosure statement, the contents of which have been approved by
    the court.  See Sec. 1125 of the Code. A prepetition solicitation
    must either have been in conformity with applicable nonbankruptcy
    law or, if none, the disclosure must have been of adequate
    information as set forth in Sec. 1125 of the Code. See Sec.
    1126(b). Subdivision (c) of this rule provides the time for filing
    the disclosure statement or evidence of compliance with Sec.
    1126(b) which ordinarily will be with the plan but the court may
    allow a later time or the court may, pursuant to the last sentence,
    fix a time certain.  Rule 3017 deals with the hearing on the
    disclosure statement.  The disclosure statement, pursuant to Sec.
    1125 is to contain adequate information. ''Adequate information''
    is defined in Sec. 1125(a) as information that would permit a
    reasonable creditor or equity security holder to make an informed
    judgment on the plan.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      Subdivision (a) is amended to enlarge the time for filing
    competing plans.  A party in interest may not file a plan without
    leave of court only if an order approving a disclosure statement
    relating to another plan has been entered and a decision on
    confirmation of the plan has not been entered.  This subdivision
    does not fix a deadline beyond which a debtor may not file a plan.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1996 AMENDMENT
      Section 1121(c) gives a party in interest the right to file a
    chapter 11 plan after expiration of the period when only the debtor
    may file a plan.  Under Sec. 1121(d), the exclusive period in which
    only the debtor may file a plan may be extended, but only if a
    party in interest so requests and the court, after notice and a
    hearing, finds cause for an extension.  Subdivision (a) is
    abrogated because it could have the effect of extending the
    debtor's exclusive period for filing a plan without satisfying the
    requirements of Sec. 1121(d). The abrogation of subdivision (a)
    does not affect the court's discretion with respect to the
    scheduling of hearings on the approval of disclosure statements
    when more than one plan has been filed.
      The amendment to subdivision (c), redesignated as subdivision
    (b), is stylistic.
      GAP Report on Rule 3016. No changes since publication, except for
    a stylistic change.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 3017                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART III - CLAIMS AND DISTRIBUTION TO CREDITORS AND EQUITY INTEREST
         HOLDERS; PLANS
 
-HEAD-
    Rule 3017. Court Consideration of Disclosure Statement in Chapter 9
        Municipality and Chapter 11 Reorganization Cases
 
-STATUTE-
    (a) Hearing on Disclosure Statement and Objections
      Except as provided in Rule 3017.1, after a disclosure statement
    is filed in accordance with Rule 3016(b), the court shall hold a
    hearing on at least 25 days' notice to the debtor, creditors,
    equity security holders and other parties in interest as provided
    in Rule 2002 to consider the disclosure statement and any
    objections or modifications thereto.  The plan and the disclosure
    statement shall be mailed with the notice of the hearing only to
    the debtor, any trustee or committee appointed under the Code, the
    Securities and Exchange Commission, and any party in interest who
    requests in writing a copy of the statement or plan.  Objections to
    the disclosure statement shall be filed and served on the debtor,
    the trustee, any committee appointed under the Code, and any other
    entity designated by the court, at any time before the disclosure
    statement is approved or by an earlier date as the court may fix.
    In a chapter 11 reorganization case, every notice, plan, disclosure
    statement, and objection required to be served or mailed pursuant
    to this subdivision shall be transmitted to the United States
    trustee within the time provided in this subdivision.
    (b) Determination on Disclosure Statement
      Following the hearing the court shall determine whether the
    disclosure statement should be approved.
    (c) Dates Fixed for Voting on Plan and Confirmation
      On or before approval of the disclosure statement, the court
    shall fix a time within which the holders of claims and interests
    may accept or reject the plan and may fix a date for the hearing on
    confirmation.
    (d) Transmission and Notice to United States Trustee, Creditors,
        and Equity Security Holders
      Upon approval of a disclosure statement, - (FOOTNOTE 1) except to
    the extent that the court orders otherwise with respect to one or
    more unimpaired classes of creditors or equity security holders -
    the debtor in possession, trustee, proponent of the plan, or clerk
    as the court orders shall mail to all creditors and equity security
    holders, and in a chapter 11 reorganization case shall transmit to
    the United States trustee,
       (FOOTNOTE 1) So in original.  The comma probably should not
    appear.
        (1) the plan or a court-approved summary of the plan;
        (2) the disclosure statement approved by the court;
        (3) notice of the time within which acceptances and rejections
      of the plan may be filed; and
        (4) any other information as the court may direct, including
      any court opinion approving the disclosure statement or a
      court-approved summary of the opinion.
    In addition, notice of the time fixed for filing objections and the
    hearing on confirmation shall be mailed to all creditors and equity
    security holders in accordance with Rule 2002(b), and a form of
    ballot conforming to the appropriate Official Form shall be mailed
    to creditors and equity security holders entitled to vote on the
    plan.  If the court opinion is not transmitted or only a summary of
    the plan is transmitted, the court opinion or the plan shall be
    provided on request of a party in interest at the plan proponent's
    expense.  If the court orders that the disclosure statement and the
    plan or a summary of the plan shall not be mailed to any unimpaired
    class, notice that the class is designated in the plan as
    unimpaired and notice of the name and address of the person from
    whom the plan or summary of the plan and disclosure statement may
    be obtained upon request and at the plan proponent's expense, shall
    be mailed to members of the unimpaired class together with the
    notice of the time fixed for filing objections to and the hearing
    on confirmation.  For the purposes of this subdivision, creditors
    and equity security holders shall include holders of stock, bonds,
    debentures, notes, and other securities of record on the date the
    order approving the disclosure statement is entered or another date
    fixed by the court, for cause, after notice and a hearing.
    (e) Transmission to Beneficial Holders of Securities
      At the hearing held pursuant to subdivision (a) of this rule, the
    court shall consider the procedures for transmitting the documents
    and information required by subdivision (d) of this rule to
    beneficial holders of stock, bonds, debentures, notes, and other
    securities, determine the adequacy of the procedures, and enter any
    orders the court deems appropriate.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987; Apr. 30, 1991, eff.
    Aug. 1, 1991; Apr. 11, 1997, eff.  Dec. 1, 1997.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      This rule is adapted from former Rule 10-303 which dealt with the
    approval of a Chapter X plan by the court.  There is no requirement
    for plan approval in a chapter 9 or 11 case under the Code but
    there is the requirement that a disclosure statement containing
    adequate financial information be approved by the court after
    notice and a hearing before votes on a plan are solicited.  Section
    1125(b) of the Code is made applicable in chapter 9 cases by Sec.
    901(a). It is also applicable in railroad reorganization cases
    under subchapter IV of chapter 11; see Sec. 1161 of the Code.
      Subdivision (a) of this rule provides for the hearing on the
    disclosure statement.  Thus, a hearing would be required in all
    cases; whether it may be ex parte would depend on the circumstances
    of the case, but a mere absence of objections would not eliminate
    the need for a hearing; see Sec. 102(1) of the Code.
      No provision similar to former Rule 10-303(f) is included.  That
    subdivision together with former Rule 10-304 prohibited
    solicitation of votes until after entry of an order approving the
    plan.  Section 1125(b) of the Code explicitly provides that votes
    on a plan may not be solicited until a disclosure statement
    approved by the court is transmitted.  Pursuant to the change in
    rulemaking power, a comparable provision in this rule is
    unnecessary. 28 U.S.C. Sec. 2075.
      Copies of the disclosure statement and plan need not be mailed
    with the notice of the hearing or otherwise transmitted prior to
    the hearing except with respect to the parties explicitly set forth
    in the subdivision.
      It should be noted that, by construction, the singular includes
    the plural.  Therefore, the phrase ''plan or plans'' or
    ''disclosure statement or statements'' has not been used although
    the possibility of multiple plans and statements is recognized.
      Subdivision (d) permits the court to require a party other than
    the clerk of the bankruptcy court to bear the responsibility for
    transmitting the notices and documents specified in the rule when
    votes on the plan are solicited.  Ordinarily the person responsible
    for such mailing will be the proponent of the plan.  In rare cases
    the clerk may be directed to mail these documents, particularly
    when the trustee would have the responsibility but there is
    insufficient money in the estate to enable the trustee to perform
    this task.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT
      Subdivision (d). Section 1125(c) of the Code requires that the
    entire approved disclosure statement be provided in connection with
    voting on a plan.  The court is authorized by Sec. 1125(c) to
    approve different disclosure statements for different classes.
    Although the rule does not permit the mailing of a summary of the
    disclosure statement in place of the approved disclosure statement,
    the court may approve a summary of the disclosure statement to be
    mailed with the complete disclosure statement to those voting on
    the plan.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      This rule is amended to enable the United States trustee to
    monitor and comment with regard to chapter 11 disclosure statements
    and plans.  The United States trustee does not perform these
    functions in a chapter 9 municipal debt adjustment case.  See 28
    U.S.C. Sec. 586(a)(3)(B).
      Subdivision (d) is amended to give the court the discretion to
    direct that one or more unimpaired classes shall not receive
    disclosure statements, plans, or summaries of plans.  Members of
    unimpaired classes are not entitled to vote on the plan.  Although
    disclosure statements enable members of unimpaired classes to make
    informed judgments as to whether to object to confirmation because
    of lack of feasibility or other grounds, in an unusual case the
    court may direct that disclosure statements shall not be sent to
    such classes if to do so would not be feasible considering the size
    of the unimpaired classes and the expense of printing and mailing.
    In any event, all creditors are entitled to notice of the time
    fixed for filing objections and notice of the hearing to consider
    confirmation of the plan pursuant to Rule 2002(b) and the
    requirement of such notice may not be excused with respect to
    unimpaired classes.  The amendment to subdivision (d) also ensures
    that the members of unimpaired classes who do not receive such
    documents will have sufficient information so that they may request
    these documents in advance of the hearing on confirmation.  The
    amendment to subdivision (d) is not intended to give the court the
    discretion to dispense with the mailing of the plan and disclosure
    statement to governmental units holding claims entitled to priority
    under Sec. 507(a)(7) because they may not be classified.  See Sec.
    1123(a)(1).
      The words ''with the court'' in subdivision (a) are deleted as
    unnecessary.  See Rules 5005(a) and 9001(3). Reference to the
    Official Form number in subdivision (d) is deleted in anticipation
    of future revision and renumbering of the Official Forms.
      Subdivision (e) is designed to ensure that appropriate measures
    are taken for the plan, disclosure statement, ballot and other
    materials which are required to be transmitted to creditors and
    equity security holders under this rule to reach the beneficial
    holders of securities held in nominee name.  Such measures may
    include orders directing the trustee or debtor in possession to
    reimburse the nominees out of the funds of the estate for the
    expenses incurred by them in distributing materials to beneficial
    holders.  In most cases, the plan proponent will not know the
    identities of the beneficial holders and therefore it will be
    necessary to rely on the nominal holders of the securities to
    distribute the plan materials to the beneficial owners.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1997 AMENDMENT
      Subdivision (a) is amended to provide that it does not apply to
    the extent provided in new Rule 3017.1, which applies in small
    business cases.
      Subdivision (d) is amended to provide flexibility in fixing the
    record date for the purpose of determining the holders of
    securities who are entitled to receive documents pursuant to this
    subdivision.  For example, if there may be a delay between the oral
    announcement of the judge's order approving the disclosure
    statement and entry of the order on the court docket, the court may
    fix the date on which the judge orally approves the disclosure
    statement as the record date so that the parties may expedite
    preparation of the lists necessary to facilitate the distribution
    of the plan, disclosure statement, ballots, and other related
    documents.
      The court may set a record date pursuant to subdivision (d) only
    after notice and a hearing as provided in Sec. 102(1) of the Code.
    Notice of a request for an order fixing the record date may be
    included in the notice of the hearing to consider approval of the
    disclosure statement mailed pursuant to Rule 2002(b).
      If the court fixes a record date pursuant to subdivision (d) with
    respect to the holders of securities, and the holders are impaired
    by the plan, the judge also should order that the same record date
    applies for the purpose of determining eligibility for voting
    pursuant to Rule 3018(a).
      Other amendments to this rule are stylistic.
      GAP Report on Rule 3017. No changes to the published draft.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 3017.1               01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART III - CLAIMS AND DISTRIBUTION TO CREDITORS AND EQUITY INTEREST
         HOLDERS; PLANS
 
-HEAD-
    Rule 3017.1. Court Consideration of Disclosure Statement in a Small
        Business Case
 
-STATUTE-
    (a) Conditional Approval of Disclosure Statement
      If the debtor is a small business and has made a timely election
    to be considered a small business in a chapter 11 case, the court
    may, on application of the plan proponent, conditionally approve a
    disclosure statement filed in accordance with Rule 3016(b). On or
    before conditional approval of the disclosure statement, the court
    shall:
        (1) fix a time within which the holders of claims and interests
      may accept or reject the plan;
        (2) fix a time for filing objections to the disclosure
      statement;
        (3) fix a date for the hearing on final approval of the
      disclosure statement to be held if a timely objection is filed;
      and
        (4) fix a date for the hearing on confirmation.
    (b) Application of Rule 3017
      Rule 3017(a), (b), (c), and (e) do not apply to a conditionally
    approved disclosure statement.  Rule 3017(d) applies to a
    conditionally approved disclosure statement, except that
    conditional approval is considered approval of the disclosure
    statement for the purpose of applying Rule 3017(d).
    (c) Final Approval
      (1) Notice. Notice of the time fixed for filing objections and
    the hearing to consider final approval of the disclosure statement
    shall be given in accordance with Rule 2002 and may be combined
    with notice of the hearing on confirmation of the plan.
      (2) Objections. Objections to the disclosure statement shall be
    filed, transmitted to the United States trustee, and served on the
    debtor, the trustee, any committee appointed under the Code and any
    other entity designated by the court at any time before final
    approval of the disclosure statement or by an earlier date as the
    court may fix.
      (3) Hearing. If a timely objection to the disclosure statement is
    filed, the court shall hold a hearing to consider final approval
    before or combined with the hearing on confirmation of the plan.
 
-SOURCE-
    (Added Apr. 11, 1997, eff.  Dec. 1, 1997.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1997
      This rule is added to implement Sec. 1125(f) that was added to
    the Code by the Bankruptcy Reform Act of 1994.
      The procedures for electing to be considered a small business are
    set forth in Rule 1020. If the debtor is a small business and has
    elected to be considered a small business, Sec. 1125(f) permits the
    court to conditionally approve a disclosure statement subject to
    final approval after notice and a hearing.  If a disclosure
    statement is conditionally approved, and no timely objection to the
    disclosure statement is filed, it is not necessary for the court to
    hold a hearing on final approval.
      GAP Report on Rule 3017.1. No change to the published draft.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 3018                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART III - CLAIMS AND DISTRIBUTION TO CREDITORS AND EQUITY INTEREST
         HOLDERS; PLANS
 
-HEAD-
    Rule 3018. Acceptance or Rejection of Plan in a Chapter 9
        Municipality or a Chapter 11 Reorganization Case
 
-STATUTE-
    (a) Entities Entitled To Accept or Reject Plan; Time for Acceptance
        or Rejection
      A plan may be accepted or rejected in accordance with Sec. 1126
    of the Code within the time fixed by the court pursuant to Rule
    3017. Subject to subdivision (b) of this rule, an equity security
    holder or creditor whose claim is based on a security of record
    shall not be entitled to accept or reject a plan unless the equity
    security holder or creditor is the holder of record of the security
    on the date the order approving the disclosure statement is entered
    or on another date fixed by the court, for cause, after notice and
    a hearing.  For cause shown, the court after notice and hearing may
    permit a creditor or equity security holder to change or withdraw
    an acceptance or rejection.  Notwithstanding objection to a claim
    or interest, the court after notice and hearing may temporarily
    allow the claim or interest in an amount which the court deems
    proper for the purpose of accepting or rejecting a plan.
    (b) Acceptances or Rejections Obtained Before Petition
      An equity security holder or creditor whose claim is based on a
    security of record who accepted or rejected the plan before the
    commencement of the case shall not be deemed to have accepted or
    rejected the plan pursuant to Sec. 1126(b) of the Code unless the
    equity security holder or creditor was the holder of record of the
    security on the date specified in the solicitation of such
    acceptance or rejection for the purposes of such solicitation.  A
    holder of a claim or interest who has accepted or rejected a plan
    before the commencement of the case under the Code shall not be
    deemed to have accepted or rejected the plan if the court finds
    after notice and hearing that the plan was not transmitted to
    substantially all creditors and equity security holders of the same
    class, that an unreasonably short time was prescribed for such
    creditors and equity security holders to accept or reject the plan,
    or that the solicitation was not in compliance with Sec. 1126(b) of
    the Code.
    (c) Form of Acceptance or Rejection
      An acceptance or rejection shall be in writing, identify the plan
    or plans accepted or rejected, be signed by the creditor or equity
    security holder or an authorized agent, and conform to the
    appropriate Official Form. If more than one plan is transmitted
    pursuant to Rule 3017, an acceptance or rejection may be filed by
    each creditor or equity security holder for any number of plans
    transmitted and if acceptances are filed for more than one plan,
    the creditor or equity security holder may indicate a preference or
    preferences among the plans so accepted.
    (d) Acceptance or Rejection by Partially Secured Creditor
      A creditor whose claim has been allowed in part as a secured
    claim and in part as an unsecured claim shall be entitled to accept
    or reject a plan in both capacities.
 
-SOURCE-
    (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.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      This rule applies in chapter 9, 11 and 13 cases under the Code.
    The references in the rule to equity security holders will not,
    however, be relevant in chapter 9 or 13 cases.  The rule will be of
    little utility in a chapter 13 case because only secured creditors
    may be requested to vote on a plan; unsecured creditors are not
    entitled to vote; see Sec. 1325(a)(4), (5) of the Code.
      Subdivision (a) is derived from former Rule 10-305(a). It
    substitutes, in a reorganization case, entry of the order approving
    the disclosure statement for the order approving a plan in
    conformity with the differences between Chapter X and chapter 11.
    In keeping with the underlying theory it continues to recognize
    that the lapse of time between the filing of the petition and entry
    of such order will normally be significant and, during that
    interim, bonds and equity interests can change ownership.
      Subdivision (b) recognizes the former Chapter XI practice
    permitting a plan and acceptances to be filed with the petition, as
    does Sec. 1126(b) of the Code. However, because a plan under
    chapter 11 may affect shareholder interests, there should be
    reference to a record date of ownership.  In this instance the
    appropriate record date is that used in the prepetition
    solicitation materials because it is those acceptances or
    rejections which are being submitted to the court.
      While Sec. 1126(c), (d), and (e) prohibits use of an acceptance
    or rejection not procured in good faith, the added provision in
    subdivision (b) of the rule is somewhat more detailed.  It would
    prohibit use of prepetition acceptances or rejections when some but
    not all impaired creditors or equity security holders are solicited
    or when they are not given a reasonable opportunity to submit their
    acceptances or rejections.  This provision together with Sec.
    1126(e) gives the court the power to nullify abusive solicitation
    procedures.
      Subdivision (c). It is possible that multiple plans may be before
    the court for confirmation.  Pursuant to Sec. 1129(c) of the Code,
    the court may confirm only one plan but is required to consider the
    preferences expressed by those accepting the plans in determining
    which one to confirm.
      Subdivisions (d) and (e) of former Rule 10-305 are not continued
    since comparable provisions are contained in the statute; see Sec.
    1126(c), (d), (e).
      It should be noted that while the singular ''plan'' is used
    throughout, by construction the plural is included; see Sec.
    102(7).
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      Subdivisions (a) and (b) are amended to delete provisions that
    duplicate Sec. 1126 of the Code. An entity who is not a record
    holder of a security, but who claims that it is entitled to be
    treated as a record holder, may file a statement pursuant to Rule
    3003(d).
      Subdivision (a) is amended further to allow the court to permit a
    creditor or equity security holder to change or withdraw an
    acceptance or rejection for cause shown whether or not the time
    fixed for voting has expired.
      Subdivision (b) is also amended to give effect to a prepetition
    acceptance or rejection if solicitation requirements were satisfied
    with respect to substantially all members of the same class,
    instead of requiring proper solicitation with respect to
    substantially all members of all classes.
      Subdivision (c) is amended to delete the Official Form number in
    anticipation of future revision and renumbering of the Official
    Forms.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1993 AMENDMENT
      The title of this rule is amended to indicate that it applies
    only in a chapter 9 or a chapter 11 case.  The amendment of the
    word ''Plans'' to ''Plan'' is stylistic.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1997 AMENDMENT
      Subdivision (a) is amended to provide flexibility in fixing the
    record date for the purpose of determining the holders of
    securities who are entitled to vote on the plan.  For example, if
    there may be a delay between the oral announcement of the judge's
    decision approving the disclosure statement and entry of the order
    on the court docket, the court may fix the date on which the judge
    orally approves the disclosure statement as the record date for
    voting purposes so that the parties may expedite preparation of the
    lists necessary to facilitate the distribution of the plan,
    disclosure statement, ballots, and other related documents in
    connection with the solicitation of votes.
      The court may set a record date pursuant to subdivision (a) only
    after notice and a hearing as provided in Sec. 102(1) of the Code.
    Notice of a request for an order fixing the record date may be
    included in the notice of the hearing to consider approval of the
    disclosure statement mailed pursuant to Rule 2002(b).
      If the court fixes the record date for voting purposes, the judge
    also should order that the same record date shall apply for the
    purpose of distributing the documents required to be distributed
    pursuant to Rule 3017(d).
      GAP Report on Rule 3018. No changes to the published draft.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 3019                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART III - CLAIMS AND DISTRIBUTION TO CREDITORS AND EQUITY INTEREST
         HOLDERS; PLANS
 
-HEAD-
    Rule 3019. Modification of Accepted Plan Before Confirmation in a
        Chapter 9 Municipality or Chapter 11 Reorganization Case
 
-STATUTE-
      In a chapter 9 or chapter 11 case, after a plan has been accepted
    and before its confirmation, the proponent may file a modification
    of the plan.  If the court finds after hearing on notice to the
    trustee, any committee appointed under the Code, and any other
    entity designated by the court that the proposed modification does
    not adversely change the treatment of the claim of any creditor or
    the interest of any equity security holder who has not accepted in
    writing the modification, it shall be deemed accepted by all
    creditors and equity security holders who have previously accepted
    the plan.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987; Apr. 22, 1993, eff.
    Aug. 1, 1993.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      This rule implements Sec. 942, 1127 and 1323 of the Code. For
    example, Sec. 1127 provides for modification before and after
    confirmation but does not deal with the minor modifications that do
    not adversely change any rights.  The rule makes clear that a
    modification may be made, after acceptance of the plan without
    submission to creditors and equity security holders if their
    interests are not affected.  To come within this rule, the
    modification should be one that does not change the rights of a
    creditor or equity security holder as fixed in the plan before
    modification.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1993 AMENDMENT
      This rule is amended to limit its application to chapter 9 and
    chapter 11 cases.  Modification of plans after confirmation in
    chapter 12 and chapter 13 cases is governed by Rule 3015. The
    addition of the comma in the second sentence is stylistic and makes
    no substantive change.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 3020                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART III - CLAIMS AND DISTRIBUTION TO CREDITORS AND EQUITY INTEREST
         HOLDERS; PLANS
 
-HEAD-
    Rule 3020. Deposit; Confirmation of Plan in a Chapter 9
        Municipality or a Chapter 11 Reorganization Case
 
-STATUTE-
    (a) Deposit
      In a chapter 11 case, prior to entry of the order confirming the
    plan, the court may order the deposit with the trustee or debtor in
    possession of the consideration required by the plan to be
    distributed on confirmation.  Any money deposited shall be kept in
    a special account established for the exclusive purpose of making
    the distribution.
    (b) Objection to and Hearing on Confirmation in a Chapter 9 or
        Chapter 11 Case
      (1) Objection. An objection to confirmation of the plan shall be
    filed and served on the debtor, the trustee, the proponent of the
    plan, any committee appointed under the Code, and any other entity
    designated by the court, within a time fixed by the court.  Unless
    the case is a chapter 9 municipality case, a copy of every
    objection to confirmation shall be transmitted by the objecting
    party to the United States trustee within the time fixed for filing
    objections.  An objection to confirmation is governed by Rule 9014.
      (2) Hearing. The court shall rule on confirmation of the plan
    after notice and hearing as provided in Rule 2002. If no objection
    is timely filed, the court may determine that the plan has been
    proposed in good faith and not by any means forbidden by law
    without receiving evidence on such issues.
    (c) Order of Confirmation
      The order of confirmation shall conform to the appropriate
    Official Form and notice of entry thereof shall be mailed promptly
    as provided in Rule 2002(f) to the debtor, the trustee, creditors,
    equity security holders, and other parties in interest.  Except in
    a chapter 9 municipality case, notice of entry of the order of
    confirmation shall be transmitted to the United States trustee as
    provided in Rule 2002(k).
    (d) Retained Power
      Notwithstanding the entry of the order of confirmation, the court
    may issue any other order necessary to administer the estate.
    (e) Stay of Confirmation Order
      An order confirming a plan is stayed until the expiration of 10
    days after the entry of the order, unless the court orders
    otherwise.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987; Apr. 30, 1991, eff.
    Aug. 1, 1991; Apr. 22, 1993, eff.  Aug. 1, 1993; Apr. 26, 1999,
    eff.  Dec. 1, 1999.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      This rule is adapted from former Rules 10-307, 11-38, and 13-213.
    It applies to cases filed under chapters 9, 11 and 13. Certain
    subdivisions of the earlier rules have not been included, such as,
    a subdivision revesting title in the debtor because Sec. 541 of the
    Code does not transfer title out of the debtor as did Sec. 70a of
    the Bankruptcy Act; see also Sec. 1141(b), 1327(b). Subdivision (b)
    of former Rule 13-213 is not included because its provisions are
    contained in the statute; see Sec. 1322, 1325(b), 105.
      Subdivision (a) gives discretion to the court to require in
    chapter 11 cases the deposit of any consideration to be distributed
    on confirmation.  If money is to be distributed, it is to be
    deposited in a special account to assure that it will not be used
    for any other purpose.  The Code is silent in chapter 11 with
    respect to the need to make a deposit or the person with whom any
    deposit is to be made.  Consequently, there is no statutory
    authority for any person to act in a capacity similar to the
    disbursing agent under former Chapter XI practice.  This rule
    provides that only the debtor in possession or trustee should be
    appointed as the recipient of the deposit.  Any consideration other
    than money, e.g., notes or stock may be given directly to the
    debtor in possession or trustee and need not be left in any kind of
    special account.  In chapter 9 cases, Sec. 944(b) provides for
    deposit with a disbursing agent appointed by the court of any
    consideration to be distributed under the plan.
      Subdivision (d) clarifies the authority of the court to conclude
    matters pending before it prior to confirmation and to continue to
    administer the estate as necessary, e.g., resolving objections to
    claims.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      The United States trustee monitors chapter 11, chapter 12, and
    chapter 13 plans and has standing to be heard regarding
    confirmation of a plan.  See 28 U.S.C. Sec. 586(a)(3). The
    amendments to subdivisions (b)(1) and (c) of this rule facilitate
    that role of the United States trustee.  Subdivision (b)(1) is also
    amended to require service on the proponent of the plan of
    objections to confirmation.  The words ''with the court'' in
    subdivision (b)(1) are deleted as unnecessary.  See Rules 5005(a)
    and 9001(3).
      In a chapter 12 case, the court is required to conduct and
    conclude the hearing on confirmation of the plan within the time
    prescribed in Sec. 1224 of the Code.
      Subdivision (c) is also amended to require that the confirmation
    order be mailed to the trustee.  Reference to the Official Form
    number is deleted in anticipation of future revision and
    renumbering of the Official Forms.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1993 AMENDMENT
      This rule is amended to limit its application to chapter 9 and
    chapter 11 cases.  The procedures relating to confirmation of plans
    in chapter 12 and chapter 13 cases are provided in Rule 3015. Other
    amendments are stylistic and make no substantive change.
                 COMMITTEE NOTES ON RULES - 1999 AMENDMENT
      Subdivision (e) is added to provide sufficient time for a party
    to request a stay pending appeal of an order confirming a plan
    under chapter 9 or chapter 11 of the Code before the plan is
    implemented and an appeal becomes moot.  Unless the court orders
    otherwise, any transfer of assets, issuance of securities, and cash
    distributions provided for in the plan may not be made before the
    expiration of the 10-day period.  The stay of the confirmation
    order under subdivision (e) does not affect the time for filing a
    notice of appeal from the confirmation order in accordance with
    Rule 8002.
      The court may, in its discretion, order that Rule 3020(e) is not
    applicable so that the plan may be implemented and distributions
    may be made immediately.  Alternatively, the court may order that
    the stay under Rule 3020(e) is for a fixed period less than 10
    days.
      GAP Report on Rule 3020. No changes since publication.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 3021                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART III - CLAIMS AND DISTRIBUTION TO CREDITORS AND EQUITY INTEREST
         HOLDERS; PLANS
 
-HEAD-
    Rule 3021. Distribution Under Plan
 
-STATUTE-
      Except as provided in Rule 3020(e), after a plan is confirmed,
    distribution shall be made to creditors whose claims have been
    allowed, to interest holders whose interests have not been
    disallowed, and to indenture trustees who have filed claims under
    Rule 3003(c)(5) that have been allowed.  For purposes of this rule,
    creditors include holders of bonds, debentures, notes, and other
    debt securities, and interest holders include the holders of stock
    and other equity securities, of record at the time of commencement
    of distribution, unless a different time is fixed by the plan or
    the order confirming the plan.
 
-SOURCE-
    (As amended Apr. 11, 1997, eff.  Dec. 1, 1997; Apr. 26, 1999, eff.
    Dec. 1, 1999.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      This rule is derived from former Chapter X Rule 10-405(a).
    Subdivision (b) of that rule is covered by Sec. 1143 of the Code.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1997 AMENDMENT
      This rule is amended to provide flexibility in fixing the record
    date for the purpose of making distributions to holders of
    securities of record.  In a large case, it may be impractical for
    the debtor to determine the holders of record with respect to
    publicly held securities and also to make distributions to those
    holders at the same time.  Under this amendment, the plan or the
    order confirming the plan may fix a record date for distributions
    that is earlier than the date on which distributions commence.
      This rule also is amended to treat holders of bonds, debentures,
    notes, and other debt securities the same as any other creditors by
    providing that they shall receive a distribution only if their
    claims have been allowed.  Finally, the amendments clarify that
    distributions are to be made to all interest holders - not only
    those that are within the definition of ''equity security holders''
    under Sec. 101 of the Code - whose interests have not been
    disallowed.
      GAP Report on Rule 3021. No changes to the published draft.
                 COMMITTEE NOTES ON RULES - 1999 AMENDMENT
      This amendment is to conform to the amendments to Rule 3020
    regarding the ten-day stay of an order confirming a plan in a
    chapter 9 or chapter 11 case.  The other amendments are stylistic.
      GAP Report on Rule 3021. No changes since publication.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 3022                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART III - CLAIMS AND DISTRIBUTION TO CREDITORS AND EQUITY INTEREST
         HOLDERS; PLANS
 
-HEAD-
    Rule 3022. Final Decree in Chapter 11 Reorganization Case
 
-STATUTE-
      After an estate is fully administered in a chapter 11
    reorganization case, the court, on its own motion or on motion of a
    party in interest, shall enter a final decree closing the case.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987; Apr. 30, 1991, eff.
    Aug. 1, 1991.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      Section 350 of the Code requires the court to close the case
    after the estate is fully administered and the trustee has been
    discharged.  Section 1143 places a five year limitation on the
    surrender of securities when required for participation under a
    plan but this provision should not delay entry of the final decree.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      Entry of a final decree closing a chapter 11 case should not be
    delayed solely because the payments required by the plan have not
    been completed.  Factors that the court should consider in
    determining whether the estate has been fully administered include
    (1) whether the order confirming the plan has become final, (2)
    whether deposits required by the plan have been distributed, (3)
    whether the property proposed by the plan to be transferred has
    been transferred, (4) whether the debtor or the successor of the
    debtor under the plan has assumed the business or the management of
    the property dealt with by the plan, (5) whether payments under the
    plan have commenced, and (6) whether all motions, contested
    matters, and adversary proceedings have been finally resolved.
      The court should not keep the case open only because of the
    possibility that the court's jurisdiction may be invoked in the
    future.  A final decree closing the case after the estate is fully
    administered does not deprive the court of jurisdiction to enforce
    or interpret its own orders and does not prevent the court from
    reopening the case for cause pursuant to Sec. 350(b) of the Code.
    For example, on motion of a party in interest, the court may reopen
    the case to revoke an order of confirmation procured by fraud under
    Sec. 1144 of the Code. If the plan or confirmation order provides
    that the case shall remain open until a certain date or event
    because of the likelihood that the court's jurisdiction may be
    required for specific purposes prior thereto, the case should
    remain open until that date or event.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES PART IV - THE DEBTOR:
                  DUTIES AND BENEFITS                            01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART IV - THE DEBTOR: DUTIES AND BENEFITS
    .
 
-HEAD-
    PART IV - THE DEBTOR: DUTIES AND BENEFITS
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 4001                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART IV - THE DEBTOR: DUTIES AND BENEFITS
 
-HEAD-
    Rule 4001. Relief from Automatic Stay; Prohibiting or Conditioning
        the Use, Sale, or Lease of Property; Use of Cash Collateral;
        Obtaining Credit; Agreements
 
-STATUTE-
    (a) Relief From Stay; Prohibiting or Conditioning the Use, Sale, or
        Lease of Property
      (1) Motion. A motion for relief from an automatic stay provided
    by the Code or a motion to prohibit or condition the use, sale, or
    lease of property pursuant to Sec. 363(e) shall be made in
    accordance with Rule 9014 and shall be served on any committee
    elected pursuant to Sec. 705 or appointed pursuant to Sec. 1102 of
    the Code or its authorized agent, or, if the case is a chapter 9
    municipality case or a chapter 11 reorganization case and no
    committee of unsecured creditors has been appointed pursuant to
    Sec. 1102, on the creditors included on the list filed pursuant to
    Rule 1007(d), and on such other entities as the court may direct.
      (2) Ex Parte Relief. Relief from a stay under Sec. 362(a) or a
    request to prohibit or condition the use, sale, or lease of
    property pursuant to Sec. 363(e) may be granted without prior
    notice only if (A) it clearly appears from specific facts shown by
    affidavit or by a verified motion that immediate and irreparable
    injury, loss, or damage will result to the movant before the
    adverse party or the attorney for the adverse party can be heard in
    opposition, and (B) the movant's attorney certifies to the court in
    writing the efforts, if any, which have been made to give notice
    and the reasons why notice should not be required.  The party
    obtaining relief under this subdivision and Sec. 362(f) or Sec.
    363(e) shall immediately give oral notice thereof to the trustee or
    debtor in possession and to the debtor and forthwith mail or
    otherwise transmit to such adverse party or parties a copy of the
    order granting relief.  On two days notice to the party who
    obtained relief from the stay without notice or on shorter notice
    to that party as the court may prescribe, the adverse party may
    appear and move reinstatement of the stay or reconsideration of the
    order prohibiting or conditioning the use, sale, or lease of
    property.  In that event, the court shall proceed expeditiously to
    hear and determine the motion.
      (3) Stay of Order. An order granting a motion for relief from an
    automatic stay made in accordance with Rule 4001(a)(1) is stayed
    until the expiration of 10 days after the entry of the order,
    unless the court orders otherwise.
    (b) Use of Cash Collateral
      (1) Motion; Service. A motion for authorization to use cash
    collateral shall be made in accordance with Rule 9014 and shall be
    served on any entity which has an interest in the cash collateral,
    on any committee elected pursuant to Sec. 705 or appointed pursuant
    to Sec. 1102 of the Code or its authorized agent, or, if the case
    is a chapter 9 municipality case or a chapter 11 reorganization
    case and no committee of unsecured creditors has been appointed
    pursuant to Sec. 1102, on the creditors included on the list filed
    pursuant to Rule 1007(d), and on such other entities as the court
    may direct.
      (2) Hearing. The court may commence a final hearing on a motion
    for authorization to use cash collateral no earlier than 15 days
    after service of the motion.  If the motion so requests, the court
    may conduct a preliminary hearing before such 15 day period
    expires, but the court may authorize the use of only that amount of
    cash collateral as is necessary to avoid immediate and irreparable
    harm to the estate pending a final hearing.
      (3) Notice. Notice of hearing pursuant to this subdivision shall
    be given to the parties on whom service of the motion is required
    by paragraph (1) of this subdivision and to such other entities as
    the court may direct.
    (c) Obtaining Credit
      (1) Motion; Service. A motion for authority to obtain credit
    shall be made in accordance with Rule 9014 and shall be served on
    any committee elected pursuant to Sec. 705 or appointed pursuant to
    Sec. 1102 of the Code or its authorized agent, or, if the case is a
    chapter 9 municipality case or a chapter 11 reorganization case and
    no committee of unsecured creditors has been appointed pursuant to
    Sec. 1102, on the creditors included on the list filed pursuant to
    Rule 1007(d), and on such other entities as the court may direct.
    The motion shall be accompanied by a copy of the agreement.
      (2) Hearing. The court may commence a final hearing on a motion
    for authority to obtain credit no earlier than 15 days after
    service of the motion.  If the motion so requests, the court may
    conduct a hearing before such 15 day period expires, but the court
    may authorize the obtaining of credit only to the extent necessary
    to avoid immediate and irreparable harm to the estate pending a
    final hearing.
      (3) Notice. Notice of hearing pursuant to this subdivision shall
    be given to the parties on whom service of the motion is required
    by paragraph (1) of this subdivision and to such other entities as
    the court may direct.
    (d) Agreement Relating to Relief From the Automatic Stay,
        Prohibiting or Conditioning the Use, Sale, or Lease of
        Property, Providing Adequate Protection, Use of Case
        Collateral, and Obtaining Credit
      (1) Motion; Service. A motion for approval of an agreement (A) to
    provide adequate protection, (B) to prohibit or condition the use,
    sale, or lease of property, (C) to modify or terminate the stay
    provided for in Sec. 362, (D) to use cash collateral, or (E)
    between the debtor and an entity that has a lien or interest in
    property of the estate pursuant to which the entity consents to the
    creation of a lien senior or equal to the entity's lien or interest
    in such property shall be served on any committee elected pursuant
    to Sec. 705 or appointed pursuant to Sec. 1102 of the Code or its
    authorized agent, or, if the case is a chapter 9 municipality case
    or a chapter 11 reorganization case and no committee of unsecured
    creditors has been appointed pursuant to Sec. 1102, on the
    creditors included on the list filed pursuant to Rule 1007(d), and
    on such other entities as the court may direct.  The motion shall
    be accompanied by a copy of the agreement.
      (2) Objection. Notice of the motion and the time within which
    objections may be filed and served on the debtor in possession or
    trustee shall be mailed to the parties on whom service is required
    by paragraph (1) of this subdivision and to such other entities as
    the court may direct.  Unless the court fixes a different time,
    objections may be filed within 15 days of the mailing of notice.
      (3) Disposition; Hearing. If no objection is filed, the court may
    enter an order approving or disapproving the agreement without
    conducting a hearing.  If an objection is filed or if the court
    determines a hearing is appropriate, the court shall hold a hearing
    on no less than five days' notice to the objector, the movant, the
    parties on whom service is required by paragraph (1) of this
    subdivision and such other entities as the court may direct.
      (4) Agreement in Settlement of Motion. The court may direct that
    the procedures prescribed in paragraphs (1), (2), and (3) of this
    subdivision shall not apply and the agreement may be approved
    without further notice if the court determines that a motion made
    pursuant to subdivisions (a), (b), or (c) of this rule was
    sufficient to afford reasonable notice of the material provisions
    of the agreement and opportunity for a hearing.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987; Apr. 30, 1991, eff.
    Aug. 1, 1991; Apr. 26, 1999, eff.  Dec. 1, 1999.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      This rule implements Sec. 362 of the Code which set forth
    provisions regarding the automatic stay that arises on the filing
    of a petition.  That section and this rule are applicable in
    chapters 7, 9, 11 and 13 cases.  It also implements Sec. 363(c)(2)
    concerning use of cash collateral.
      Subdivision (a) transforms with respect to the automatic stay
    what was an adversary proceeding under the former rules to motion
    practice.  The Code provides automatic stays in several sections,
    e.g., Sec. 362(a), 1301(a), and in Sec. 362(d) provides some
    grounds for relief from the stay.  This rule specifies that the
    pleading seeking relief is by means of a motion.  Thus the time
    period in Rule 7012 to answer a complaint would not be applicable
    and shorter periods may be fixed.  Section 362(e) requires the
    preliminary hearing to be concluded within 30 days of it inception,
    rendering ordinary complaint and answer practice inappropriate.
      This subdivision also makes clear that a motion under Rule 9014
    is the proper procedure for a debtor to seek court permission to
    use cash collateral.  See Sec. 363(c)(2). Pursuant to Rule 5005,
    the motion should be filed in the court in which the case in
    pending.  The court or local rule may specify the persons to be
    served with the motion for relief from the stay; see Rule 9013.
      Subdivision (b) of the rule fills a procedural void left by Sec.
    362. Pursuant to Sec. 362(e), the automatic stay is terminated 30
    days after a motion for relief is made unless the court continues
    the stay as a result of a final hearing or, pending final hearing,
    after a preliminary hearing.  If a preliminary hearing is held,
    Sec. 362(e) requires the final hearing to be commenced within 30
    days after the preliminary hearing.  Although the expressed
    legislative intent is to require expeditious resolution of a
    secured party's motion for relief, Sec. 362 is silent as to the
    time within which the final hearing must be concluded.  Subdivision
    (b) imposes a 30 day deadline on the court to resolve the dispute.
      At the final hearing, the stay is to be terminated, modified,
    annulled, or conditioned for cause, which includes, inter alia,
    lack of adequate protection; Sec. 362(d). The burden of proving
    adequate protection is on the party opposing relief from the stay;
    Sec. 362(g)(2). Adequate protection is exemplified in Sec. 361.
      Subdivision (c) implements Sec. 362(f) which permits ex parte
    relief from the stay when there will be irreparable damage.  This
    subdivision sets forth the procedure to be followed when relief is
    sought under Sec. 362(f). It is derived from former Bankruptcy Rule
    601(d).
           NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT
      The scope of this rule is expanded and the former subdivisions
    (a), (b) and (c) are now combined in subdivision (a). The new
    subdivision (a)(2) is amended to conform to the 1984 amendments to
    Sec. 362(e) of the Code.
      Subdivision (b) deals explicitly with the procedures which follow
    after a motion to use cash collateral is made and served.  Filing
    shall be pursuant to Rule 5005. Service of the motion may be made
    by any method authorized by Rule 7004 and, if service is by mail,
    service is complete on mailing.  Rule 9006(e). Under subdivision
    (b)(2), the court may commence a final hearing on the motion within
    15 days of service.  Rule 9006(f) does not extend this 15 day
    period when service of the motion is by mail because the party
    served is not required to act within the 15 day period.  In
    addition to service of the motion, notice of the hearing must be
    given.  Rule 9007 authorizes the court to direct the form and
    manner of giving notice that is appropriate to the circumstances.
      Section 363(c)(3) authorizes the court to conduct a preliminary
    hearing and to authorize the use of cash collateral ''if there is a
    reasonable likelihood that the trustee will prevail at a final
    hearing.'' Subdivision (b)(2) of the rule permits a preliminary
    hearing to be held earlier than 15 days after service.  Any order
    authorizing the use of cash collateral shall be limited to the
    amount necessary to protect the estate until a final hearing is
    held.
      The objective of subdivision (b) is to accommodate both the
    immediate need of the debtor and the interest of the secured
    creditor in the cash collateral.  The time for holding the final
    hearing may be enlarged beyond the 15 days prescribed when required
    by the circumstances.
      The motion for authority to use cash collateral shall include (1)
    the amount of cash collateral sought to be used; (2) the name and
    address of each entity having an interest in the cash collateral;
    (3) the name and address of the entity in control or having
    possession of the cash collateral; (4) the facts demonstrating the
    need to use the cash collateral; and (5) the nature of the
    protection to be provided those having an interest in the cash
    collateral.  If a preliminary hearing is requested, the motion
    shall also include the amount of cash collateral sought to be used
    pending final hearing and the protection to be provided.
      Notice of the preliminary and final hearings may be combined.
    This rule does not limit the authority of the court under Sec.
    363(c)(2)(B) and Sec. 102(1).
      Subdivision (c) is new.  The service, hearing, and notice
    requirements are similar to those imposed by subdivision (b). The
    motion to obtain credit shall include the amount and type of the
    credit to be extended, the name and address of the lender, the
    terms of the agreement, the need to obtain the credit, and the
    efforts made to obtain credit from other sources.  If the motion is
    to obtain credit pursuant to Sec. 364(c) or (d), the motion shall
    describe the collateral, if any, and the protection for any
    existing interest in the collateral which may be affected by the
    proposed agreement.
      Subdivision (d) is new.  In the event the 15 day period for
    filing objections to the approval of an agreement of the parties
    described in this subdivision is too long, the parties either may
    move for a reduction of the period under Rule 9006(c)(1) or proceed
    under subdivision (b) or (c), if applicable.  Rule 9006(c)(1)
    requires that cause be shown for the reduction of the period in
    which to object.  In applying this criterion the court may consider
    the option of proceeding under subdivision (b) or (c) and grant a
    preliminary hearing and relief pending final hearing.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      Subdivision (a) is expanded to include a request to prohibit or
    condition the use, sale, or lease of property as is necessary to
    provide adequate protection of a property interest pursuant to Sec.
    363(e) of the Code.
      Notice of the motion for relief from the automatic stay or to
    prohibit or condition the use, sale, or lease of property must be
    served on the entities entitled to receive notice of a motion to
    approve an agreement pursuant to subdivision (d). If the movant and
    the adverse party agree to settle the motion and the terms of the
    agreement do not materially differ from the terms set forth in the
    movant's motion papers, the court may approve the agreement without
    further notice pursuant to subdivision (d)(4).
      Subdivision (a)(2) is deleted as unnecessary because of Sec.
    362(e) of the Code.
      Subdivisions (b)(1), (c)(1), and (d)(1) are amended to require
    service on committees that are elected in chapter 7 cases.  Service
    on committees of retired employees appointed under Sec. 1114 of the
    Code is not required.  These subdivisions are amended further to
    clarify that, in the absence of a creditors' committee, service on
    the creditors included on the list filed pursuant to Rule 1007(d)
    is required only in chapter 9 and chapter 11 cases.  The other
    amendments to subdivision (d)(1) are for consistency of style and
    are not substantive.
      Subdivision (d)(4) is added to avoid the necessity of further
    notice and delay for the approval of an agreement in settlement of
    a motion for relief from an automatic stay, to prohibit or
    condition the use, sale, or lease of property, for use of cash
    collateral, or for authority to obtain credit if the entities
    entitled to notice have already received sufficient notice of the
    scope of the proposed agreement in the motion papers and have had
    an opportunity to be heard.  For example, if a trustee makes a
    motion to use cash collateral and proposes in the original motion
    papers to provide adequate protection of the interest of the
    secured party by granting a lien on certain equipment, and the
    secured creditor subsequently agrees to terms that are within the
    scope of those proposed in the motion, the court may enter an order
    approving the agreement without further notice if the entities that
    received the original motion papers have had a reasonable
    opportunity to object to the granting of the motion to use cash
    collateral.
      If the motion papers served under subdivision (a), (b), or (c) do
    not afford notice sufficient to inform the recipients of the
    material provisions of the proposed agreement and opportunity for a
    hearing, approval of the settlement agreement may not be obtained
    unless the procedural requirements of subdivision (d)(1), (d)(2),
    and (d)(3) are satisfied.  If the 15 day period for filing
    objections to the approval of the settlement agreement is too long
    under the particular circumstances of the case, the court may
    shorten the time for cause under Rule 9006(c)(1).
                 COMMITTEE NOTES ON RULES - 1999 AMENDMENT
      Paragraph (a)(3) is added to provide sufficient time for a party
    to request a stay pending appeal of an order granting relief from
    an automatic stay before the order is enforced or implemented.  The
    stay under paragraph (a)(3) is not applicable to orders granted ex
    parte in accordance with Rule 4001(a)(2).
      The stay of the order does not affect the time for filing a
    notice of appeal in accordance with Rule 8002. While the
    enforcement and implementation of an order granting relief from the
    automatic stay is temporarily stayed under paragraph (a)(3), the
    automatic stay continues to protect the debtor, and the moving
    party may not foreclose on collateral or take any other steps that
    would violate the automatic stay.
      The court may, in its discretion, order that Rule 4001(a)(3) is
    not applicable so that the prevailing party may immediately enforce
    and implement the order granting relief from the automatic stay.
    Alternatively, the court may order that the stay under Rule
    4001(a)(3) is for a fixed period less than 10 days.
      GAP Report on Rule 4001. No changes since publication.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 4002                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART IV - THE DEBTOR: DUTIES AND BENEFITS
 
-HEAD-
    Rule 4002. Duties of Debtor
 
-STATUTE-
      In addition to performing other duties prescribed by the Code and
    rules, the debtor shall (1) attend and submit to an examination at
    the times ordered by the court; (2) attend the hearing on a
    complaint objecting to discharge and testify, if called as a
    witness; (3) inform the trustee immediately in writing as to the
    location of real property in which the debtor has an interest and
    the name and address of every person holding money or property
    subject to the debtor's withdrawal or order if a schedule of
    property has not yet been filed pursuant to Rule 1007; (4)
    cooperate with the trustee in the preparation of an inventory, the
    examination of proofs of claim, and the administration of the
    estate, and (5) file a statement of any change of the debtor's
    address.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      This rule should be read together with Sec. 343 and 521 of the
    Code and Rule 1007, all of which impose duties on the debtor.
    Clause (3) of this rule implements the provisions of Rule 2015(a).
           NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT
      New clause (5) of the rule imposes on the debtor the duty to
    advise the clerk of any change of the debtor's address.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 4003                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART IV - THE DEBTOR: DUTIES AND BENEFITS
 
-HEAD-
    Rule 4003. Exemptions
 
-STATUTE-
    (a) Claim of Exemptions
      A debtor shall list the property claimed as exempt under Sec. 522
    of the Code on the schedule of assets required to be filed by Rule
    1007. If the debtor fails to claim exemptions or file the schedule
    within the time specified in Rule 1007, a dependent of the debtor
    may file the list within 30 days thereafter.
    (b) Objections to Claim of Exemptions
      The trustee or any creditor may file objections to the list of
    property claimed as exempt within 30 days after the conclusion of
    the meeting of creditors held pursuant to Rule 2003(a) or the
    filing of any amendment to the list or supplemental schedules
    unless, within such period, further time is granted by the court.
    Copies of the objections shall be delivered or mailed to the
    trustee and to the person filing the list and the attorney for such
    person.
    (c) Burden of Proof
      In any hearing under this rule, the objecting party has the
    burden of proving that the exemptions are not properly claimed.
    After hearing on notice, the court shall determine the issues
    presented by the objections.
    (d) Avoidance by Debtor of Transfers of Exempt Property
      A proceeding by the debtor to avoid a lien or other transfer of
    property exempt under Sec. 522(f) of the Code shall be by motion in
    accordance with Rule 9014.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987; Apr. 30, 1991, eff.
    Aug. 1, 1991.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      This rule is derived from Sec. 522(1) of the Code and, in part,
    former Bankruptcy Rule 403. The Code changes the thrust of that
    rule by making it the burden of the debtor to list his exemptions
    and the burden of parties in interest to raise objections in the
    absence of which ''the property claimed as exempt on such list is
    exempt;'' Sec. 522(1).
      Subdivision (a). While Sec. 522(1) refers to a list of property
    claimed as exempt, the rule incorporates such a list as part of
    Official Form No. 6, the schedule of the debtor's assets, rather
    than requiring a separate list and filing.  Rule 1007, to which
    subdivision (a) refers, requires that schedule to be filed within
    15 days after the order for relief, unless the court extends the
    time.
      Section 522(1) also provides that a dependent of the debtor may
    file the list if the debtor fails to do so.  Subdivision (a) of the
    rule allows such filing from the expiration of the debtor's time
    until 30 days thereafter.  Dependent is defined in Sec. 522(a)(1).
      Subdivision (d) provides that a proceeding by the debtor,
    permitted by Sec. 522(f) of the Code, is a contested matter rather
    than the more formal adversary proceeding.  Proceedings within the
    scope of this subdivision are distinguished from proceedings
    brought by the trustee to avoid transfers.  The latter are
    classified as adversary proceedings by Rule 7001.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      Subdivision (b) is amended to facilitate the filing of objections
    to exemptions claimed on a supplemental schedule filed under Rule
    1007(h).
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 4004                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART IV - THE DEBTOR: DUTIES AND BENEFITS
 
-HEAD-
    Rule 4004. Grant or Denial of Discharge
 
-STATUTE-
    (a) Time for Filing Complaint Objecting to Discharge; Notice of
        Time Fixed
      In a chapter 7 liquidation case a complaint objecting to the
    debtor's discharge under Sec. 727(a) of the Code shall be filed no
    later than 60 days after the first date set for the meeting of
    creditors under Sec. 341(a). In a chapter 11 reorganization case,
    the complaint shall be filed no later than the first date set for
    the hearing on confirmation.  At least 25 days' notice of the time
    so fixed shall be given to the United States trustee and all
    creditors as provided in Rule 2002(f) and (k), and to the trustee
    and the trustee's attorney.
    (b) Extension of Time
      On motion of any party in interest, after hearing on notice, the
    court may for cause extend the time to file a complaint objecting
    to discharge.  The motion shall be filed before the time has
    expired.
    (c) Grant of Discharge
      (1) In a chapter 7 case, on expiration of the time fixed for
    filing a complaint objecting to discharge and the time fixed for
    filing a motion to dismiss the case pursuant to Rule 1017(e), the
    court shall forthwith grant the discharge unless:
        (a) the debtor is not an individual,
        (b) a complaint objecting to the discharge has been filed,
        (c) the debtor has filed a waiver under Sec. 727(a)(10),
        (d) a motion to dismiss the case pursuant to Rule 1017(e) is
      pending,
        (e) a motion to extend the time for filing a complaint
      objecting to discharge is pending, or
        (f) the debtor has not paid in full the filing fee prescribed
      by 28 U.S.C. Sec. 1930(a) and any other fee prescribed by the
      Judicial Conference of the United States under 28 U.S.C. Sec.
      1930(b) that is payable to the clerk upon the commencement of a
      case under the Code.
      (2) Notwithstanding Rule 4004(c)(1), on motion of the debtor, the
    court may defer the entry of an order granting a discharge for 30
    days and, on motion within that period, the court may defer entry
    of the order to a date certain.
    (d) Applicability of Rules in Part VII
      A proceeding commenced by a complaint objecting to discharge is
    governed by Part VII of these rules.
    (e) Order of Discharge
      An order of discharge shall conform to the appropriate Official
    Form.
    (f) Registration in Other Districts
      An order of discharge that has become final may be registered in
    any other district by filing a certified copy of the order in the
    office of the clerk of that district.  When so registered the order
    of discharge shall have the same effect as an order of the court of
    the district where registered.
    (g) Notice of Discharge
      The clerk shall promptly mail a copy of the final order of
    discharge to those specified in subdivision (a) of this rule.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987; Apr. 30, 1991, eff.
    Aug. 1, 1991; Apr. 23, 1996, eff.  Dec. 1, 1996; Apr. 26, 1999,
    eff.  Dec. 1, 1999.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      This rule is adapted from former Bankruptcy Rule 404.
      Subdivisions (a) and (b) of this rule prescribe the procedure for
    determining whether a discharge will be granted pursuant to Sec.
    727 of the Code. The time fixed by subdivision (a) may be enlarged
    as provided in subdivision (b).
      The notice referred to in subdivision (a) is required to be given
    by mail and addressed to creditors as provided in Rule 2002.
      An extension granted on a motion pursuant to subdivision (b) of
    the rule would ordinarily benefit only the movant, but its scope
    and effect would depend on the terms of the extension.
      Subdivision (c). If a complaint objecting to discharge is filed,
    the court's grant or denial of the discharge will be entered at the
    conclusion of the proceeding as a judgment in accordance with Rule
    9021. The inclusion of the clause in subdivision (c) qualifying the
    duty of the court to grant a discharge when a waiver has been filed
    is in accord with the construction of the Code. 4 Collier,
    Bankruptcy 727.12 (15th ed. 1979).
      The last sentence of subdivision (c) takes cognizance of Sec.
    524(c) of the Code which authorizes a debtor to enter into
    enforceable reaffirmation agreements only prior to entry of the
    order of discharge.  Immediate entry of that order after expiration
    of the time fixed for filing complaints objecting to discharge may
    render it more difficult for a debtor to settle pending litigation
    to determine the dischargeability of a debt and execute a
    reaffirmation agreement as part of a settlement.
      Subdivision (d). An objection to discharge is required to be made
    by a complaint, which initiates an adversary proceeding as provided
    in Rule 7003. Pursuant to Rule 5005, the complaint should be filed
    in the court in which the case is pending.
      Subdivision (e). Official Form No. 27 to which subdivision (e)
    refers, includes notice of the effects of a discharge specified in
    Sec. 524(a) of the Code.
      Subdivision (f). Registration may facilitate the enforcement of
    the order of discharge in a district other than that in which it
    was entered.  See 2 Moore's Federal Practice 1.04(2) (2d ed. 1967).
    Because of the nationwide service of process authorized by Rule
    7004, however, registration of the order of discharge is not
    necessary under these rules to enable a discharged debtor to obtain
    relief against a creditor proceeding anywhere in the United States
    in disregard of the injunctive provisions of the order of
    discharge.
      Subdivision (g). Notice of discharge should be mailed promptly
    after the order becomes final so that creditors may be informed of
    entry of the order and of its injunctive provisions.  Rule 2002
    specifies the manner of the notice and persons to whom the notice
    is to be given.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      This rule is amended to conform to Sec. 727(c) which gives the
    United States trustee the right to object to discharge.  This
    amendment is derived from Rule X-1008(a)(1) and is consistent with
    Rule 2002. The amendment to subdivision (c) is to prevent a timely
    motion to dismiss a chapter 7 case for substantial abuse from
    becoming moot merely because a discharge order has been entered.
    Reference to the Official Form number in subdivision (e) is deleted
    in anticipation of future revision and renumbering of the Official
    Forms.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1996 AMENDMENT
      Subsection (c) is amended to delay entry of the order of
    discharge if a motion pursuant to Rule 4004(b) to extend the time
    for filing a complaint objecting to discharge is pending.  Also,
    this subdivision is amended to delay entry of the discharge order
    if the debtor has not paid in full the filing fee and the
    administrative fee required to be paid upon the commencement of the
    case.  If the debtor is authorized to pay the fees in installments
    in accordance with Rule 1006, the discharge order will not be
    entered until the final installment has been paid.
      The other amendments to this rule are stylistic.
      GAP Report on Rule 4004. No changes have been made since
    publication, except for stylistic changes.
                 COMMITTEE NOTES ON RULES - 1999 AMENDMENT
      Subdivision (a) is amended to clarify that, in a chapter 7 case,
    the deadline for filing a complaint objecting to discharge under
    Sec. 727(a) is 60 days after the first date set for the meeting of
    creditors, whether or not the meeting is held on that date.  The
    time for filing the complaint is not affected by any delay in the
    commencement or conclusion of the meeting of creditors.  This
    amendment does not affect the right of any party in interest to
    file a motion for an extension of time to file a complaint
    objecting to discharge in accordance with Rule 4004(b).
      The substitution of the word ''filed'' for ''made'' in
    subdivision (b) is intended to avoid confusion regarding the time
    when a motion is ''made'' for the purpose of applying these rules.
    See, e.g., In re Coggin, 30 F.3d 1443 (11th Cir. 1994). As amended,
    this rule requires that a motion for an extension of time for
    filing a complaint objecting to discharge be filed before the time
    has expired.
      Other amendments to this rule are stylistic.
      GAP Report on Rule 4004. No changes since publication.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 4005                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART IV - THE DEBTOR: DUTIES AND BENEFITS
 
-HEAD-
    Rule 4005. Burden of Proof in Objecting to Discharge
 
-STATUTE-
      At the trial on a complaint objecting to a discharge, the
    plaintiff has the burden of proving the objection.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      This rule does not address the burden of going forward with the
    evidence.  Subject to the allocation by the rule of the initial
    burden of producing evidence and the ultimate burden of persuasion,
    the rule leaves to the courts the formulation of rules governing
    the shift of the burden of going forward with the evidence in the
    light of considerations such as the difficulty of proving the
    nonexistence of a fact and of establishing a fact as to which the
    evidence is likely to be more accessible to the debtor than to the
    objector.  See, e.g., In re Haggerty, 165 F.2d 977, 979-80 (2d Cir.
    1948); Federal Provision Co. v.  Ershowsky, 94 F.2d 574, 575 (2d
    Cir. 1938); In re Riceputo, 41 F. Supp. 926, 927-28 (E.D.N.Y.
    1941).
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 4006                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART IV - THE DEBTOR: DUTIES AND BENEFITS
 
-HEAD-
    Rule 4006. Notice of No Discharge
 
-STATUTE-
      If an order is entered denying or revoking a discharge or if a
    waiver of discharge is filed, the clerk, after the order becomes
    final or the waiver is filed, shall promptly give notice thereof to
    all creditors in the manner provided in Rule 2002.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      The suspension by Sec. 108(c) of the Code of the statute of
    limitations affecting any debt of a debtor terminates within 30
    days after the debtor is denied a discharge or otherwise loses his
    right to a discharge.  If, however, a debtor's failure to receive a
    discharge does not come to the attention of his creditors until
    after the statutes of limitations have run, the debtor obtains
    substantially the same benefits from his bankruptcy as a debtor who
    is discharged.
      This rule requires the clerk to notify creditors if a debtor
    fails to obtain a discharge because a waiver of discharge was filed
    under Sec. 727(a)(10) or as a result of an order denying or
    revoking the discharge under Sec. 727(a) or (d).
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 4007                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART IV - THE DEBTOR: DUTIES AND BENEFITS
 
-HEAD-
    Rule 4007. Determination of Dischargeability of a Debt
 
-STATUTE-
    (a) Persons Entitled To File Complaint
      A debtor or any creditor may file a complaint to obtain a
    determination of the dischargeability of any debt.
    (b) Time for Commencing Proceeding Other Than Under Sec. 523(c) of
        the Code
      A complaint other than under Sec. 523(c) may be filed at any
    time.  A case may be reopened without payment of an additional
    filing fee for the purpose of filing a complaint to obtain a
    determination under this rule.
    (c) Time for Filing Complaint Under Sec. 523(c) in a Chapter 7
        Liquidation, Chapter 11 Reorganization, or Chapter 12 Family
        Farmer's Debt Adjustment Case; Notice of Time Fixed
      A complaint to determine the dischargeability of a debt under
    Sec. 523(c) shall be filed no later than 60 days after the first
    date set for the meeting of creditors under Sec. 341(a). The court
    shall give all creditors no less than 30 days' notice of the time
    so fixed in the manner provided in Rule 2002. On motion of a party
    in interest, after hearing on notice, the court may for cause
    extend the time fixed under this subdivision.  The motion shall be
    filed before the time has expired.
    (d) Time for Filing Complaint Under Sec. 523(c) in a Chapter 13
        Individual's Debt Adjustment Case; Notice of Time Fixed
      On motion by a debtor for a discharge under Sec. 1328(b), the
    court shall enter an order fixing the time to file a complaint to
    determine the dischargeability of any debt under Sec. 523(c) and
    shall give no less than 30 days' notice of the time fixed to all
    creditors in the manner provided in Rule 2002. On motion of any
    party in interest, after hearing on notice, the court may for cause
    extend the time fixed under this subdivision.  The motion shall be
    filed before the time to has expired.
    (e) Applicability of Rules in Part VII
      A proceeding commenced by a complaint filed under this rule is
    governed by Part VII of these rules.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987; Apr. 30, 1991, eff.
    Aug. 1, 1991; Apr. 26, 1999, eff.  Dec. 1, 1999.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      This rule prescribes the procedure to be followed when a party
    requests the court to determine dischargeability of a debt pursuant
    to Sec. 523 of the Code.
      Although a complaint that comes within Sec. 523(c) must
    ordinarily be filed before determining whether the debtor will be
    discharged, the court need not determine the issues presented by
    the complaint filed under this rule until the question of discharge
    has been determined under Rule 4004. A complaint filed under this
    rule initiates an adversary proceeding as provided in Rule 7003.
      Subdivision (b) does not contain a time limit for filing a
    complaint to determine the dischargeability of a type of debt
    listed as nondischargeable under Sec. 523(a)(1), (3), (5), (7),
    (8), or (9). Jurisdiction over this issue on these debts is held
    concurrently by the bankruptcy court and any appropriate
    nonbankruptcy forum.
      Subdivision (c) differs from subdivision (b) by imposing a
    deadline for filing complaints to determine the issue of
    dischargeability of debts set out in Sec. 523(a)(2), (4) or (6) of
    the Code. The bankruptcy court has exclusive jurisdiction to
    determine dischargeability of these debts.  If a complaint is not
    timely filed, the debt is discharged.  See Sec. 523(c).
      Subdivision (e). The complaint required by this subdivision
    should be filed in the court in which the case is pending pursuant
    to Rule 5005.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      Subdivision (a) is amended to delete the words ''with the court''
    as unnecessary.  See Rules 5005(a) and 9001(3).
      Subdivision (c) is amended to apply in chapter 12 cases the same
    time period that applies in chapter 7 and 11 cases for filing a
    complaint under Sec. 523(c) of the Code to determine
    dischargeability of certain debts.  Under Sec. 1228(a) of the Code,
    a chapter 12 discharge does not discharge the debts specified in
    Sec. 523(a) of the Code.
                 COMMITTEE NOTES ON RULES - 1999 AMENDMENT
      Subdivision (c) is amended to clarify that the deadline for
    filing a complaint to determine the dischargeability of a debt
    under Sec. 523(c) of the Code is 60 days after the first date set
    for the meeting of creditors, whether or not the meeting is held on
    that date.  The time for filing the complaint is not affected by
    any delay in the commencement or conclusion of the meeting of
    creditors.  This amendment does not affect the right of any party
    in interest to file a motion for an extension of time to file a
    complaint to determine the dischargeability of a debt in accordance
    with this rule.
      The substitution of the word ''filed'' for ''made'' in the final
    sentences of subdivisions (c) and (d) is intended to avoid
    confusion regarding the time when a motion is ''made'' for the
    purpose of applying these rules.  See, e.g., In re Coggin, 30 F.3d
    1443 (11th Cir. 1994). As amended, these subdivisions require that
    a motion for an extension of time be filed before the time has
    expired.
      The other amendments to this rule are stylistic.
      GAP Report on Rule 4007. No changes since publication, except for
    stylistic changes in the heading of Rule 4007(d).
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 4008                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART IV - THE DEBTOR: DUTIES AND BENEFITS
 
-HEAD-
    Rule 4008. Discharge and Reaffirmation Hearing
 
-STATUTE-
      Not more than 30 days following the entry of an order granting or
    denying a discharge, or confirming a plan in a chapter 11
    reorganization case concerning an individual debtor and on not less
    than 10 days notice to the debtor and the trustee, the court may
    hold a hearing as provided in Sec. 524(d) of the Code. A motion by
    the debtor for approval of a reaffirmation agreement shall be filed
    before or at the hearing.
 
-SOURCE-
    (As amended Apr. 30, 1991, eff.  Aug. 1, 1991.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      Section 524(d) of the Code requires the court to hold a hearing
    to inform an individual debtor concerning the granting or denial of
    discharge and the law applicable to reaffirmation agreements.
      The notice of the Sec. 524(d) hearing may be combined with the
    notice of the meeting of creditors or entered as a separate order.
      The expression ''not more than'' contained in the first sentence
    of the rule is for the explicit purpose of requiring the hearing to
    occur within that time period and cannot be extended.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      This rule is changed to conform to Sec. 524(d) of the Code as
    amended in 1986. A hearing under Sec. 524(d) is not mandatory
    unless the debtor desires to enter into a reaffirmation agreement.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES PART V - COURTS AND
                  CLERKS                                         01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART V - COURTS AND CLERKS
    .
 
-HEAD-
    PART V - COURTS AND CLERKS
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 5001                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART V - COURTS AND CLERKS
 
-HEAD-
    Rule 5001. Courts and Clerks' Offices
 
-STATUTE-
    (a) Courts Always Open
      The courts shall be deemed always open for the purpose of filing
    any pleading or other proper paper, issuing and returning process,
    and filing, making, or entering motions, orders and rules.
    (b) Trials and Hearings; Orders in Chambers
      All trials and hearings shall be conducted in open court and so
    far as convenient in a regular court room.  All other acts or
    proceedings may be done or conducted by a judge in chambers and at
    any place either within or without the district; but no hearing,
    other than one ex parte, shall be conducted outside the district
    without the consent of all parties affected thereby.
    (c) Clerk's Office
      The clerk's office with the clerk or a deputy in attendance shall
    be open during business hours on all days except Saturdays, Sundays
    and the legal holidays listed in Rule 9006(a).
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987; Apr. 30, 1991, eff.
    Aug. 1, 1991.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      This rule is adapted from subdivisions (a), (b) and (c) of Rule 77 
      F.R.Civ.P.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT
      Rule 9001, as amended, defines court to mean the bankruptcy judge
    or district judge before whom a case or proceeding is pending.
    Clerk means the bankruptcy clerk, if one has been appointed for the
    district; if a bankruptcy clerk has not been appointed, clerk means
    clerk of the district court.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      Subdivision (c) is amended to refer to Rule 9006(a) for a list of
    legal holidays.  Reference to F.R.Civ.P. is not necessary for this
    purpose.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 5002                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART V - COURTS AND CLERKS
 
-HEAD-
    Rule 5002. Restrictions on Approval of Appointments
 
-STATUTE-
    (a) Approval of Appointment of Relatives Prohibited
      The appointment of an individual as a trustee or examiner
    pursuant to Sec. 1104 of the Code shall not be approved by the
    court if the individual is a relative of the bankruptcy judge
    approving the appointment or the United States trustee in the
    region in which the case is pending.  The employment of an
    individual as an attorney, accountant, appraiser, auctioneer, or
    other professional person pursuant to Sec. 327, 1103, or 1114 shall
    not be approved by the court if the individual is a relative of the
    bankruptcy judge approving the employment.  The employment of an
    individual as attorney, accountant, appraiser, auctioneer, or other
    professional person pursuant to Sec. 327, 1103, or 1114 may be
    approved by the court if the individual is a relative of the United
    States trustee in the region in which the case is pending, unless
    the court finds that the relationship with the United States
    trustee renders the employment improper under the circumstances of
    the case.  Whenever under this subdivision an individual may not be
    approved for appointment or employment, the individual's firm,
    partnership, corporation, or any other form of business association
    or relationship, and all members, associates and professional
    employees thereof also may not be approved for appointment or
    employment.
    (b) Judicial Determination That Approval of Appointment or
        Employment Is Improper
      A bankruptcy judge may not approve the appointment of a person as
    a trustee or examiner pursuant to Sec. 1104 of the Code or approve
    the employment of a person as an attorney, accountant, appraiser,
    auctioneer, or other professional person pursuant to Sec. 327,
    1103, or 1114 of the Code if that person is or has been so
    connected with such judge or the United States trustee as to render
    the appointment or employment improper.
 
-SOURCE-
    (As amended Apr. 29, 1985, eff.  Aug. 1, 1985; Apr. 30, 1991, eff.
    Aug. 1, 1991.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      This rule is adapted from former Bankruptcy Rule 505(a). The
    scope of the prohibition on appointment or employment is expanded
    to include an examiner appointed under Sec. 1104 of the Code and
    attorneys and other professional persons whose employment must be
    approved by the court under Sec. 327 or Sec. 1103.
      The rule supplements two statutory provisions.  Under 18 U.S.C.
    Sec. 1910, it is a criminal offense for a judge to appoint a
    relative as a trustee and, under 28 U.S.C. Sec. 458, a person may
    not be ''appointed to or employed in any office or duty in any
    court'' if he is a relative of any judge of that court.  The rule
    prohibits the appointment or employment of a relative of a
    bankruptcy judge in a case pending before that bankruptcy judge or
    before other bankruptcy judges sitting within the district.
      A relative is defined in Sec. 101(34) of the Code to be an
    ''individual related by affinity or consanguinity within the third
    degree as determined by the common law, or individual in a step or
    adoptive relationship within such third degree.'' Persons within
    the third degree under the common law system are as follows: first
    degree - parents, brothers and sisters, and children; second degree
    - grandparents, uncles and aunts, first cousins, nephews and
    nieces, and grandchildren; third degree - great grandparents, great
    uncles and aunts, first cousins once removed, second cousins, grand
    nephews and nieces, great grandchildren.  Rule 9001 incorporates
    the definitions of Sec. 101 of the Code.
      In order for the policy of this rule to be meaningfully
    implemented, it is necessary to extend the prohibition against
    appointment or employment to the firm or other business association
    of the ineligible person and to those affiliated with the firm or
    business association. ''Firm'' is defined in Rule 9001 to include a
    professional partnership or corporation of attorneys or
    accountants.  All other types of business and professional
    associations and relationships are covered by this rule.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1985 AMENDMENT
      The amended rule is divided into two subdivisions.  Subdivision
    (a) applies to relatives of bankruptcy judges and subdivision (b)
    applies to persons who are or have been connected with bankruptcy
    judges.  Subdivision (a) permits no judicial discretion;
    subdivision (b) allows judicial discretion.  In both subdivisions
    of the amended rule ''bankruptcy judge'' has been substituted for
    ''judge''. The amended rule makes clear that it only applies to
    relatives of, or persons connected with, the bankruptcy judge.  See
    In re Hilltop Sand and Gravel, Inc., 35 B.R. 412 (N.D. Ohio 1983).
      Subdivision (a). The original rule prohibited all bankruptcy
    judges in a district from appointing or approving the employment of
    (i) a relative of any bankruptcy judge serving in the district,
    (ii) the firm or business association of any ineligible relative
    and (iii) any member or professional employee of the firm or
    business association of an ineligible relative.  In addition, the
    definition of relative, the third degree relationship under the
    common law, is quite broad.  The restriction on the employment
    opportunities of relatives of bankruptcy judges was magnified by
    the fact that many law and accounting firms have practices and
    offices spanning the nation.
      Relatives are not eligible for appointment or employment when the
    bankruptcy judge to whom they are related makes the appointment or
    approves the employment.  Canon 3(b)(4) of the Code of Judicial
    Conduct, which provides that the judge ''shall exercise his power
    of appointment only on the basis of merit, avoiding nepotism and
    favoritism,'' should guide a bankruptcy judge when a relative of a
    judge of the same bankruptcy court is considered for appointment or
    employment.
      Subdivision (b), derived from clause (2) of the original rule,
    makes a person ineligible for appointment or employment if the
    person is so connected with a bankruptcy judge making the
    appointment or approving the employment as to render the
    appointment or approval of employment improper.  The caption and
    text of the subdivision emphasize that application of the
    connection test is committed to the sound discretion of the
    bankruptcy judge who is to make the appointment or approve the
    employment.  All relevant circumstances are to be taken into
    account by the court.  The most important of those circumstances
    include: the nature and duration of the connection with the
    bankruptcy judge; whether the connection still exists, and, if not,
    when it was terminated; and the type of appointment or employment.
    These and other considerations must be carefully evaluated by the
    bankruptcy judge.
      The policy underlying subdivision (b) is essentially the same as
    the policy embodied in the Code of Judicial Conduct. Canon 2 of the
    Code of Judicial Conduct instructs a judge to avoid impropriety and
    the appearance of impropriety, and Canon 3(b)(4) provides that the
    judge ''should exercise his power of appointment only on the basis
    of merit, avoiding nepotism and favoritism.'' Subdivision (b)
    alerts the potential appointee or employee and party seeking
    approval of employment to consider the possible relevance or impact
    of subdivision (b) and indicates to them that appropriate
    disclosure must be made to the bankruptcy court before accepting
    appointment or employment.  The information required may be made a
    part of the application for approval of employment.  See Rule
    2014(a).
      Subdivision (b) departs from the former rule in an important
    respect: a firm or business association is not prohibited from
    appointment or employment merely because an individual member or
    employee of the firm or business association is ineligible under
    subdivision (b).
      The emphasis given to the bankruptcy court's judicial discretion
    in applying subdivision (b) and the absence of a per se extension
    of ineligibility to the firm or business association or any
    ineligible individual complement the amendments to subdivision (a).
    The change is intended to moderate the prior limitation on the
    employment opportunities of attorneys, accountants and other
    professional persons who are or who have been connected in some way
    with the bankruptcy judge.  For example, in all but the most
    unusual situations service as a law clerk to a bankruptcy judge is
    not the type of connection which alone precludes appointment or
    employment.  Even if a bankruptcy judge determines that it is
    improper to appoint or approve the employment of a former law clerk
    in the period immediately after completion of the former law
    clerk's service with the judge, the firm which employes the former
    law clerk will, absent other circumstances, be eligible for
    employment.  In each instance all the facts must be considered by
    the bankruptcy judge.
      Subdivision (b) applies to persons connected with a bankruptcy
    judge. ''Person'' is defined in Sec. 101 of the Bankruptcy Code to
    include an ''individual, partnership and corporation''.  A
    partnership or corporation may be appointed or employed to serve in
    a bankruptcy case.  If a bankruptcy judge is connected in some way
    with a partnership or corporation, it is necessary for the court to
    determine whether the appointment or employment of that partnership
    or corporation is proper.
      The amended rule does not regulate professional relationships
    which do not require approval of a bankruptcy judge.
    Disqualification of the bankruptcy judge pursuant to 28 U.S.C. Sec.
    455 may, however, be appropriate.  Under Rule 5004(a), a bankruptcy
    judge may find that disqualification from only some aspect of the
    case, rather than the entire case, is necessary.  A situation may
    also arise in which the disqualifying circumstance only comes to
    light after services have been performed.  Rule 5004(b) provides
    that if compensation from the estate is sought for these services,
    the bankruptcy judge is disqualified from awarding compensation.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      The 1986 amendments to the Code provide that the United States
    trustee shall appoint trustees in chapter 7, chapter 12, and
    chapter 13 cases without the necessity of court approval.  This
    rule is not intended to apply to the appointment of trustees in
    those cases because it would be inappropriate for a court rule to
    restrict in advance the exercise of discretion by the executive
    branch.  See Committee Note to Rule 2009.
      In chapter 11 cases, a trustee or examiner is appointed by the
    United States trustee after consultation with parties in interest
    and subject to court approval.  Subdivision (a), as amended,
    prohibits the approval of the appointment of an individual as a
    trustee or examiner if the person is a relative of the United
    States trustee making the appointment or the bankruptcy judge
    approving the appointment.
      The United States trustee neither appoints nor approves the
    employment of professional persons employed pursuant to Sec. 327,
    1103, or 1114 of the Code. Therefore, subdivision (a) is not a
    prohibition against judicial approval of employment of a
    professional person who is a relative of the United States
    trustee.  However, the United States trustee monitors applications
    for compensation and reimbursement of expenses and may raise,
    appear and be heard on issues in the case.  Employment of relatives
    of the United States trustee may be approved unless the court
    finds, after considering the relationship and the particular
    circumstances of the case, that the relationship would cause the
    employment to be improper.  As used in this rule, ''improper''
    includes the appearance of impropriety.
      United States trustee is defined to include a designee or
    assistant United States trustee.  See Rule 9001. Therefore,
    subdivision (a) is applicable if the person appointed as trustee or
    examiner or the professional to be employed is a relative of a
    designee of the United States trustee or any assistant United
    States trustee in the region in which the case is pending.
      This rule is not exclusive of other laws or rules regulating
    ethical conduct.  See, e.g., 28 CFR Sec. 45.735-5.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 5003                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART V - COURTS AND CLERKS
 
-HEAD-
    Rule 5003. Records Kept by the Clerk
 
-STATUTE-
    (a) Bankruptcy Dockets
      The clerk shall keep a docket in each case under the Code and
    shall enter thereon each judgment, order, and activity in that case
    as prescribed by the Director of the Administrative Office of the
    United States Courts. The entry of a judgment or order in a docket
    shall show the date the entry is made.
    (b) Claims Register
      The clerk shall keep in a claims register a list of claims filed
    in a case when it appears that there will be a distribution to
    unsecured creditors.
    (c) Judgments and Orders
      The clerk shall keep, in the form and manner as the Director of
    the Administrative Office of the United States Courts may
    prescribe, a correct copy of every final judgment or order
    affecting title to or lien on real property or for the recovery of
    money or property, and any other order which the court may direct
    to be kept.  On request of the prevailing party, a correct copy of
    every judgment or order affecting title to or lien upon real or
    personal property or for the recovery of money or property shall be
    kept and indexed with the civil judgments of the district court.
    (d) Index of Cases; Certificate of Search
      The clerk shall keep indices of all cases and adversary
    proceedings as prescribed by the Director of the Administrative
    Office of the United States Courts. On request, the clerk shall
    make a search of any index and papers in the clerk's custody and
    certify whether a case or proceeding has been filed in or
    transferred to the court or if a discharge has been entered in its
    records.
    (e) Other Books and Records of the Clerk
      The clerk shall also keep such other books and records as may be
    required by the Director of the Administrative Office of the United
    States Courts.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      This rule consolidates former Bankruptcy Rules 504 and 507. The
    record-keeping duties of the referee under former Bankruptcy Rule
    504 are transferred to the clerk.  Subdivisions (a), (c), (d) and
    (e) are similar to subdivisions (a)-(d) of Rule 79 F.R.Civ.P.
      Subdivision (b) requires that filed claims be listed on a claims
    register only when there may be a distribution to unsecured
    creditors.  Compilation of the list for no asset or nominal asset
    cases would serve no purpose.
      Rule 2013 requires the clerk to maintain a public record of fees
    paid from the estate and an annual summary thereof.
      Former Bankruptcy Rules 507(d) and 508, which made materials in
    the clerk's office and files available to the public, are not
    necessary because Sec. 107 of the Code guarantees public access to
    files and dockets of cases under the Code.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT
      Subdivision (a) has been made more specific.
      Subdivision (c) is amended to require that on the request of the
    prevailing party the clerk of the district court shall keep and
    index bankruptcy judgments and orders affecting title to or lien
    upon real or personal property or for the recovery of money or
    property with the civil judgments of the district court.  This
    requirement is derived from former Rule 9021(b). The Director of
    the Administrative Office will provide guidance to the bankruptcy
    and district court clerks regarding appropriate paperwork and
    retention procedures.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 5004                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART V - COURTS AND CLERKS
 
-HEAD-
    Rule 5004. Disqualification
 
-STATUTE-
    (a) Disqualification of Judge
      A bankruptcy judge shall be governed by 28 U.S.C. Sec. 455, and
    disqualified from presiding over the proceeding or contested matter
    in which the disqualifying circumstance arises or, if appropriate,
    shall be disqualified from presiding over the case.
    (b) Disqualification of Judge from Allowing Compensation
      A bankruptcy judge shall be disqualified from allowing
    compensation to a person who is a relative of the bankruptcy judge
    or with whom the judge is so connected as to render it improper for
    the judge to authorize such compensation.
 
-SOURCE-
    (As amended Apr. 29, 1985, eff.  Aug. 1, 1985; Mar. 30, 1987, eff.
    Aug. 1, 1987.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      Subdivision (a). Disqualification of a bankruptcy judge is
    governed by 28 U.S.C. Sec. 455. That section provides that the
    judge ''shall disqualify himself in any proceeding in which his
    impartiality might reasonably be questioned'' or under certain
    other circumstances.  In a case under the Code it is possible that
    the disqualifying circumstance will be isolated to an adversary
    proceeding or contested matter.  The rule makes it clear that when
    the disqualifying circumstance is limited in that way the judge
    need only disqualify himself from presiding over that adversary
    proceeding or contested matter.
      It is possible, however, that even if the disqualifying
    circumstance arises in connection with an adversary proceeding, the
    effect will be so pervasive that disqualification from presiding
    over the case is appropriate.  This distinction is consistent with
    the definition of ''proceeding'' in 28 U.S.C. Sec. 455(d)(1).
      Subdivision (b) precludes a bankruptcy judge from allowing
    compensation from the estate to a relative or other person closely
    associated with the judge.  The subdivision applies where the judge
    has not appointed or approved the employment of the person
    requesting compensation.  Perhaps the most frequent application of
    the subdivision will be in the allowance of administrative expenses
    under Sec. 503(b)(3)-(5) of the Code. For example, if an attorney
    or accountant is retained by an indenture trustee who thereafter
    makes a substantial contribution in a chapter 11 case, the attorney
    or accountant may seek compensation under Sec. 503(b)(4). If the
    attorney or accountant is a relative of or associated with the
    bankruptcy judge, the judge may not allow compensation to the
    attorney or accountant.  Section 101(34) defines relative and Rule
    9001 incorporates the definitions of the Code. See the Advisory
    Committee's Note to Rule 5002.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1985 AMENDMENT
      Subdivision (a) was affected by the Bankruptcy Amendments and
    Federal Judgeship Act of 1984, P.L. 98-353, 98 Stat. 333. The 1978
    Bankruptcy Reform Act, P.L. 95-598, included bankruptcy judges in
    the definition of United States judges in 28 U.S.C. Sec. 451 and
    they were therefore subject to the provisions of 28 U.S.C. Sec.
    455. This was to become effective on April 1, 1984, P.L. 95-598,
    Sec. 404(b). Section 113 of P.L. 98-353, however, appears to have
    rendered the amendment to 28 U.S.C. Sec. 451 ineffective.
    Subdivision (a) of the rule retains the substance and intent of the
    earlier draft by making bankruptcy judges subject to 28 U.S.C. Sec.
    455.
      The word ''associated'' in subdivision (b) has been changed to
    ''connected'' in order to conform with Rule 5002(b).
           NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT
      The rule is amended to be gender neutral.  The bankruptcy judge
    before whom the matter is pending determines whether
    disqualification is required.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 5005                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART V - COURTS AND CLERKS
 
-HEAD-
    Rule 5005. Filing and Transmittal of Papers
 
-STATUTE-
    (a) Filing
      (1) Place of Filing. The lists, schedules, statements, proofs of
    claim or interest, complaints, motions, applications, objections
    and other papers required to be filed by these rules, except as
    provided in 28 U.S.C. Sec. 1409, shall be filed with the clerk in
    the district where the case under the Code is pending.  The judge
    of that court may permit the papers to be filed with the judge, in
    which event the filing date shall be noted thereon, and they shall
    be forthwith transmitted to the clerk.  The clerk shall not refuse
    to accept for filing any petition or other paper presented for the
    purpose of filing solely because it is not presented in proper form
    as required by these rules or any local rules or practices.
      (2) Filing by Electronic Means. A court may by local rule permit
    documents to be filed, signed, or verified by electronic means that
    are consistent with technical standards, if any, that the Judicial
    Conference of the United States establishes.  A document filed by
    electronic means in compliance with a local rule constitutes a
    written paper for the purpose of applying these rules, the Federal
    Rules of Civil Procedure made applicable by these rules, and Sec.
    107 of the Code.
    (b) Transmittal to the United States Trustee
      (1) The complaints, motions, applications, objections and other
    papers required to be transmitted to the United States trustee by
    these rules shall be mailed or delivered to an office of the United
    States trustee, or to another place designated by the United States
    trustee, in the district where the case under the Code is pending.
      (2) The entity, other than the clerk, transmitting a paper to the
    United States trustee shall promptly file as proof of such
    transmittal a verified statement identifying the paper and stating
    the date on which it was transmitted to the United States trustee.
      (3) Nothing in these rules shall require the clerk to transmit
    any paper to the United States trustee if the United States trustee
    requests in writing that the paper not be transmitted.
    (c) Error in Filing or Transmittal
      A paper intended to be filed with the clerk but erroneously
    delivered to the United States trustee, the trustee, the attorney
    for the trustee, a bankruptcy judge, a district judge, or the clerk
    of the district court shall, after the date of its receipt has been
    noted thereon, be transmitted forthwith to the clerk of the
    bankruptcy court.  A paper intended to be transmitted to the United
    States trustee but erroneously delivered to the clerk, the trustee,
    the attorney for the trustee, a bankruptcy judge, or the clerk of
    the district court shall, after the date of its receipt has been
    noted thereon, be transmitted forthwith to the United States
    trustee.  In the interest of justice, the court may order that a
    paper erroneously delivered shall be deemed filed with the clerk or
    transmitted to the United States trustee as of the date of its
    original delivery.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987; Apr. 30, 1991, eff.
    Aug. 1, 1991; Apr. 22, 1993, eff.  Aug. 1, 1993; Apr. 23, 1996,
    eff.  Dec. 1, 1996.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      Subdivision (a) is an adaptation of Rule 5(e) F.R.Civ.P. Sections
    301-304 of the Code and Rules 1002 and 1003 require that cases
    under the Code be commenced by filing a petition ''with the
    bankruptcy court.'' Other sections of the Code and other rules
    refer to or contemplate filing but there is no specific reference
    to filing with the bankruptcy court.  For example, Sec. 501 of the
    Code requires filing of proofs of claim and Rule 3016(c) requires
    the filing of a disclosure statement.  This subdivision applies to
    all situations in which filing is required.  Except when filing in
    another district is authorized by 28 U.S.C. Sec. 1473, all papers,
    including complaints commencing adversary proceedings, must be
    filed in the court where the case under the Code is pending.
      Subdivision (b) is the same as former Bankruptcy Rule 509(c).
           NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT
      Subdivision (a) is amended to conform with the 1984 amendments.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      Subdivision (b)(1) is flexible in that it permits the United
    States trustee to designate a place or places for receiving papers
    within the district in which the case is pending.  Transmittal of
    papers to the United States trustee may be accomplished by mail or
    delivery, including delivery by courier, and the technical
    requirements for service of process are not applicable.  Although
    papers relating to a proceeding commenced in another district
    pursuant to 28 U.S.C. Sec. 1409 must be filed with the clerk in
    that district, the papers required to be transmitted to the United
    States trustee must be mailed or delivered to the United States
    trustee in the district in which the case under the Code is
    pending.  The United States trustee in the district in which the
    case is pending monitors the progress of the case and should be
    informed of all developments in the case wherever the developments
    take place.
      Subdivision (b)(2) requires that proof of transmittal to the
    United States trustee be filed with the clerk.  If papers are
    served on the United States trustee by mail or otherwise, the
    filing of proof of service would satisfy the requirements of this
    subdivision.  This requirement enables the court to assure that
    papers are actually transmitted to the United States trustee in
    compliance with the rules.  When the rules require that a paper be
    transmitted to the United States trustee and proof of transmittal
    has not been filed with the clerk, the court should not schedule a
    hearing or should take other appropriate action to assure that the
    paper is transmitted to the United States trustee.  The filing of
    the verified statement with the clerk also enables other parties in
    interest to determine whether a paper has been transmitted to the
    United States trustee.
      Subdivision (b)(3) is designed to relieve the clerk of any
    obligation under these rules to transmit any paper to the United
    States trustee if the United States trustee does not wish to
    receive it.
      Subdivision (c) is amended to include the erroneous delivery of
    papers intended to be transmitted to the United States trustee.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1993 AMENDMENT
      Subdivision (a) is amended to conform to the 1991 amendment to
    Rule 5(e) F.R.Civ.P. It is not a suitable role for the office of
    the clerk to refuse to accept for filing papers not conforming to
    requirements of form imposed by these rules or by local rules or
    practices.  The enforcement of these rules and local rules is a
    role for a judge.  This amendment does not require the clerk to
    accept for filing papers sent to the clerk's office by facsimile
    transmission.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1996 AMENDMENT
      The rule is amended to permit, but not require, courts to adopt
    local rules that allow filing, signing, or verifying of documents
    by electronic means.  However, such local rules must be consistent
    with technical standards, if any, promulgated by the Judicial
    Conference of the United States.
      An important benefit to be derived by permitting filing by
    electronic means is that the extensive volume of paper received and
    maintained as records in the clerk's office will be reduced
    substantially.  With the receipt of electronic data transmissions
    by computer, the clerk may maintain records electronically without
    the need to reproduce them in tangible paper form.
      Judicial Conference standards governing the technological aspects
    of electronic filing will result in uniformity among judicial
    districts to accommodate an increasingly national bar.  By
    delegating to the Judicial Conference the establishment and future
    amendment of national standards for electronic filing, the Supreme
    Court and Congress will be relieved of the burden of reviewing and
    promulgating detailed rules dealing with complex technological
    standards.  Another reason for leaving to the Judicial Conference
    the formulation of technological standards for electronic filing is
    that advances in computer technology occur often, and changes in
    the technological standards may have to be implemented more
    frequently than would be feasible by rule amendment under the Rules
    Enabling Act process.
      It is anticipated that standards established by the Judicial
    Conference will govern technical specifications for electronic data
    transmission, such as requirements relating to the formatting of
    data, speed of transmission, means to transmit copies of supporting
    documentation, and security of communication procedures.  In
    addition, before procedures for electronic filing are implemented,
    standards must be established to assure the proper maintenance and
    integrity of the record and to provide appropriate access and
    retrieval mechanisms.  These matters will be governed by local
    rules until system-wide standards are adopted by the Judicial
    Conference.
      Rule 9009 requires that the Official Forms shall be observed and
    used ''with alterations as may be appropriate.'' Compliance with
    local rules and any Judicial Conference standards with respect to
    the formatting or presentation of electronically transmitted data,
    to the extent that they do not conform to the Official Forms, would
    be an appropriate alteration within the meaning of Rule 9009.
      These rules require that certain documents be in writing.  For
    example, Rule 3001 states that a proof of claim is a ''written
    statement.'' Similarly, Rule 3007 provides that an objection to a
    claim ''shall be in writing.'' Pursuant to the new subdivision
    (a)(2), any requirement under these rules that a paper be written
    may be satisfied by filing the document by electronic means,
    notwithstanding the fact that the clerk neither receives nor prints
    a paper reproduction of the electronic data.
      Section 107(a) of the Code provides that a ''paper'' filed in a
    case is a public record open to examination by an entity at
    reasonable times without charge, except as provided in Sec. 107(b).
    The amendment to subdivision (a)(2) provides that an electronically
    filed document is to be treated as such a public record.
      Although under subdivision (a)(2) electronically filed documents
    may be treated as written papers or as signed or verified writings,
    it is important to emphasize that such treatment is only for the
    purpose of applying these rules.  In addition, local rules and
    Judicial Conference standards regarding verification must satisfy
    the requirements of 28 U.S.C. Sec. 1746.
      GAP Report on Rule 5005. No changes since publication.
 
-REFTEXT-
                             REFERENCES IN TEXT
      The Federal Rules of Civil Procedure, referred to in subd.
    (a)(2), are set out in the Appendix to Title 28, Judiciary and
    Judicial Procedure.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 5006                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART V - COURTS AND CLERKS
 
-HEAD-
    Rule 5006. Certification of Copies of Papers
 
-STATUTE-
      The clerk shall issue a certified copy of the record of any
    proceeding in a case under the Code or of any paper filed with the
    clerk on payment of any prescribed fee.
 
-SOURCE-
    (As amended Apr. 30, 1991, eff.  Aug. 1, 1991.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      Fees for certification and copying are fixed by the Judicial
    Conference under 28 U.S.C. Sec. 1930(b).
      Rule 1101 F. R. Evid. makes the Federal Rules of Evidence
    applicable to cases under the Code. Rule 1005 F. R. Evid. allows
    the contents of an official record or of a paper filed with the
    court to be proved by a duly certified copy.  A copy certified and
    issued in accordance with Rule 5006 is accorded authenticity by
    Rule 902(4) F. R. Evid.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 5007                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART V - COURTS AND CLERKS
 
-HEAD-
    Rule 5007. Record of Proceedings and Transcripts
 
-STATUTE-
     (a) Filing of Record or Transcript
      The reporter or operator of a recording device shall certify the
    original notes of testimony, tape recording, or other original
    record of the proceeding and promptly file them with the clerk.
    The person preparing any transcript shall promptly file a certified
    copy.
    (b) Transcript Fees
      The fees for copies of transcripts shall be charged at rates
    prescribed by the Judicial Conference of the United States. No fee
    may be charged for the certified copy filed with the clerk.
    (c) Admissibility of Record in Evidence
      A certified sound recording or a transcript of a proceeding shall
    be admissible as prima facie evidence to establish the record.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987; Apr. 30, 1991, eff.
    Aug. 1, 1991.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      This rule supplements 28 U.S.C. Sec. 773. A record of proceedings
    before the bankruptcy judge is to be made whenever practicable.  By
    whatever means the record is made, subdivision (a) requires that
    the preparer of the record certify and file the original notes,
    tape recording, or other form of sound recording of the
    proceedings.  Similarly, if a transcript is requested, the preparer
    is to file a certified copy with the clerk.
      Subdivision (b) is derived from 28 U.S.C. Sec. 753(f).
      Subdivision (c) is derived from former Bankruptcy Rule 511(c).
    This subdivision extends to a sound recording the same evidentiary
    status as a transcript under 28 U.S.C. Sec. 773(b).
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      The words ''with the clerk'' in the final sentence of subdivision
    (a) are deleted as unnecessary.  See Rules 5005(a) and 9001(3).
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES (Rule 5008                01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART V - COURTS AND CLERKS
 
-HEAD-
    (Rule 5008. Funds of the Estate) (Abrogated Apr. 30, 1991, eff.
        Aug. 1, 1991)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1991
      This rule is abrogated in view of the amendments to Sec. 345(b)
    of the Code and the role of the United States trustee in approving
    bonds and supervising trustees.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 5009                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART V - COURTS AND CLERKS
 
-HEAD-
    Rule 5009. Closing Chapter 7 Liquidation, Chapter 12 Family
        Farmer's Debt Adjustment, and Chapter 13 Individual's Debt
        Adjustment Cases
 
-STATUTE-
      If in a chapter 7, chapter 12, or chapter 13 case the trustee has
    filed a final report and final account and has certified that the
    estate has been fully administered, and if within 30 days no
    objection has been filed by the United States trustee or a party in
    interest, there shall be a presumption that the estate has been
    fully administered.
 
-SOURCE-
    (As amended Apr. 30, 1991, eff.  Aug. 1, 1991.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      This rule is the same as Sec. 350(a) of the Code. An estate may
    be closed even though the period allowed by Rule 3002(c) for filing
    claims has not expired.  The closing of a case may be expedited
    when a notice of no dividends is given under Rule 2002(e).
    Dismissal of a case for want of prosecution or failure to pay
    filing fees is governed by Rule 1017.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      The final report and account of the trustee is required to be
    filed with the court and the United States trustee under Sec.
    704(9), 1202(b)(1), and 1302(b)(1) of the Code. This amendment
    facilitates the United States trustee's performance of statutory
    duties to supervise trustees and administer cases under chapters 7,
    12, and 13 pursuant to 28 U.S.C. Sec. 586. In the absence of a
    timely objection by the United States trustee or a party in
    interest, the court may discharge the trustee and close the case
    pursuant to Sec. 350(a) without the need to review the final report
    and account or to determine the merits of the trustee's
    certification that the estate has been fully administered.
      Rule 3022 governs the closing of chapter 11 cases.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 5010                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART V - COURTS AND CLERKS
 
-HEAD-
    Rule 5010. Reopening Cases
 
-STATUTE-
      A case may be reopened on motion of the debtor or other party in
    interest pursuant to Sec. 350(b) of the Code. In a chapter 7, 12,
    or 13 case a trustee shall not be appointed by the United States
    trustee unless the court determines that a trustee is not necessary
    to protect the interests of creditors and the debtor or to insure
    efficient administration of the case.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987; Apr. 30, 1991, eff.
    Aug. 1, 1991.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      Section 350(b) of the Code provides: ''A case may be reopened in
    the court in which such case was closed to administer assets, to
    accord relief to the debtor, or for other cause.''
      Rule 9024, which incorporates Rule 60 F.R.Civ.P., exempts motions
    to reopen cases under the Code from the one year limitation of Rule
    60(b).
      Although a case has been closed the court may sometimes act
    without reopening the case.  Under Rule 9024, clerical errors in
    judgments, orders, or other parts of the record or errors therein
    caused by oversight or omission may be corrected.  A judgment
    determined to be non-dischargeable pursuant to Rule 4007 may be
    enforced after a case is closed by a writ of execution obtained
    pursuant to Rule 7069.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT
      In order to avoid unnecessary cost and delay, the rule is amended
    to permit reopening of a case without the appointment of a trustee
    when the services of a trustee are not needed.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      This rule is amended to conform to the 1986 amendments to the
    Code that give the United States trustee the duty to appoint
    trustees in chapter 7, 12 and 13 cases.  See Sec. 701, 702(d),
    1202(a), and 1302(a) of the Code. In most reopened cases, a trustee
    is not needed because there are no assets to be administered.
    Therefore, in the interest of judicial economy, this rule is
    amended so that a motion will not be necessary unless the United
    States trustee or a party in interest seeks the appointment of a
    trustee in the reopened case.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 5011                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART V - COURTS AND CLERKS
 
-HEAD-
    Rule 5011. Withdrawal and Abstention from Hearing a Proceeding
 
-STATUTE-
    (a) Withdrawal
      A motion for withdrawal of a case or proceeding shall be heard by
    a district judge.
    (b) Abstention From Hearing a Proceeding
      A motion for abstention pursuant to 28 U.S.C. Sec. 1334(c) shall
    be governed by Rule 9014 and shall be served on the parties to the
    proceeding.
    (c) Effect of Filing of Motion for Withdrawal or Abstention
      The filing of a motion for withdrawal of a case or proceeding or
    for abstention pursuant to 28 U.S.C. Sec. 1334(c) shall not stay
    the administration of the case or any proceeding therein before the
    bankruptcy judge except that the bankruptcy judge may stay, on such
    terms and conditions as are proper, proceedings pending disposition
    of the motion.  A motion for a stay ordinarily shall be presented
    first to the bankruptcy judge.  A motion for a stay or relief from
    a stay filed in the district court shall state why it has not been
    presented to or obtained from the bankruptcy judge.  Relief granted
    by the district judge shall be on such terms and conditions as the
    judge deems proper.
 
-SOURCE-
    (Added Mar. 30, 1987, eff.  Aug. 1, 1987; amended Apr. 30, 1991,
    eff.  Aug. 1, 1991.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1987
      Motions for withdrawal pursuant to 28 U.S.C. Sec. 157(d) or
    abstention pursuant to 28 U.S.C. Sec. 1334(c), like all other
    motions, are to be filed with the clerk as required by Rule
    5005(a). If a bankruptcy clerk has been appointed for the district,
    all motions are filed with the bankruptcy clerk.  The method for
    forwarding withdrawal motions to the district court will be
    established by administrative procedures.
      Subdivision (a). Section 157(d) permits the district court to
    order withdrawal on its own motion or the motion of a party.
    Subdivision (a) of this rule makes it clear that the bankruptcy
    judge will not conduct hearings on a withdrawal motion.  The
    withdrawal decision is committed exclusively to the district court.
      Subdivision (b). A decision to abstain under 28 U.S.C. Sec.
    1334(c) is not appealable.  The district court is vested originally
    with jurisdiction and the decision to relinquish that jurisdiction
    must ultimately be a matter for the district court.  The bankruptcy
    judge ordinarily will be in the best position to evaluate the
    grounds asserted for abstention.  This subdivision (b) provides
    that the initial hearing on the motion is before the bankruptcy
    judge.  The procedure for review of the report and recommendation
    are governed by Rule 9033.
      This rule does not apply to motions under Sec. 305 of the Code
    for abstention from hearing a case.  Judicial decisions will
    determine the scope of the bankruptcy judge's authority under Sec.
    305.
      Subdivision (c). Unless the court so orders, proceedings are not
    stayed when motions are filed for withdrawal or for abstention from
    hearing a proceeding.  Because of the district court's authority
    over cases and proceedings, the subdivision authorizes the district
    court to order a stay or modify a stay ordered by the bankruptcy
    judge.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      Subdivision (b) is amended to delete the restriction that limits
    the role of the bankruptcy court to the filing of a report and
    recommendation for disposition of a motion for abstention under 28
    U.S.C. Sec. 1334(c)(2). This amendment is consistent with Sec.
    309(b) of the Judicial Improvements Act of 1990 which amended Sec.
    1334(c)(2) so that it allows an appeal to the district court of a
    bankruptcy court's order determining an abstention motion.  This
    subdivision is also amended to clarify that the motion is a
    contested matter governed by Rule 9014 and that it must be served
    on all parties to the proceeding which is the subject of the
    motion.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES PART VI - COLLECTION
                  AND LIQUIDATION OF THE ESTATE                  01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VI - COLLECTION AND LIQUIDATION OF THE ESTATE
    .
 
-HEAD-
    PART VI - COLLECTION AND LIQUIDATION OF THE ESTATE
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 6001                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VI - COLLECTION AND LIQUIDATION OF THE ESTATE
 
-HEAD-
    Rule 6001. Burden of Proof As to Validity of Post Petition Transfer
 
-STATUTE-
      Any entity asserting the validity of a transfer under Sec. 549 of
    the Code shall have the burden of proof.
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      This rule is derived from former Bankruptcy Rule 603. The Act
    contained, in Sec. 70d, a provision placing the burden of proof on
    the same person as did Rule 603. The Code does not contain any
    directive with respect to the burden of proof.  This omission, in
    all probability, resulted from the intention to leave matters
    affecting evidence to these rules.  See H. Rep. No. 95-595, 95th
    Cong. 1st Sess. (1977) 293.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 6002                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VI - COLLECTION AND LIQUIDATION OF THE ESTATE
 
-HEAD-
    Rule 6002. Accounting by Prior Custodian of Property of the Estate
 
-STATUTE-
    (a) Accounting Required
      Any custodian required by the Code to deliver property in the
    custodian's possession or control to the trustee shall promptly
    file and transmit to the United States trustee a report and account
    with respect to the property of the estate and the administration
    thereof.
    (b) Examination of Administration
      On the filing and transmittal of the report and account required
    by subdivision (a) of this rule and after an examination has been
    made into the superseded administration, after notice and a
    hearing, the court shall determine the propriety of the
    administration, including the reasonableness of all disbursements.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987; Apr. 30, 1991, eff.
    Aug. 1, 1991; Apr. 22, 1993, eff.  Aug. 1, 1993.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      ''Custodian'' is defined in Sec. 101(10) of the Code. The
    definition includes a trustee or receiver appointed in proceedings
    not under the Code, as well as an assignee for the benefit of
    creditors.
      This rule prescribes the procedure to be followed by a custodian
    who under Sec. 543 of the Code is required to deliver property to
    the trustee and to account for its disposition.  The examination
    under subdivision (b) may be initiated (1) on the motion of the
    custodian required to account under subdivision (a) for an approval
    of his account and discharge thereon, (2) on the motion of, or the
    filing of an objection to the custodian's account by, the trustee
    or any other party in interest, or (3) on the court's own
    initiative.  Rule 9014 applies to any contested matter arising
    under this rule.
      Section 543(d) is similar to an abstention provision.  It grants
    the bankruptcy court discretion to permit the custodian to remain
    in possession and control of the property.  In that event, the
    custodian is excused from complying with Sec. 543(a)-(c) and thus
    would not be required to turn over the property to the trustee.
    When there is no duty to turn over to the trustee, Rule 6002 would
    not be applicable.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      This rule is amended to enable the United States trustee to
    review, object to, or to otherwise be heard regarding the
    custodian's report and accounting.  See Sec. 307 and 543 of the
    Code.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1993 AMENDMENT
      Subdivision (b) is amended to conform to the language of Sec.
    102(1) of the Code.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES (Rule 6003                01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VI - COLLECTION AND LIQUIDATION OF THE ESTATE
 
-HEAD-
    (Rule 6003. Disbursement of Money of the Estate) (Abrogated Apr.
        30, 1991, eff.  Aug. 1, 1991)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1991
      This rule is abrogated in view of the role of the United States
    trustee in supervising trustees.  Use of estate funds by a trustee
    or debtor in possession is governed by Sec. 363 of the Code.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 6004                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VI - COLLECTION AND LIQUIDATION OF THE ESTATE
 
-HEAD-
    Rule 6004. Use, Sale, or Lease of Property
 
-STATUTE-
    (a) Notice of Proposed Use, Sale, or Lease of Property
      Notice of a proposed use, sale, or lease of property, other than
    cash collateral, not in the ordinary course of business shall be
    given pursuant to Rule 2002(a)(2), (c)(1), (i), and (k) and, if
    applicable, in accordance with Sec. 363(b)(2) of the Code.
    (b) Objection to Proposal
      Except as provided in subdivisions (c) and (d) of this rule, an
    objection to a proposed use, sale, or lease of property shall be
    filed and served not less than five days before the date set for
    the proposed action or within the time fixed by the court.  An
    objection to the proposed use, sale, or lease of property is
    governed by Rule 9014.
    (c) Sale Free and Clear of Liens and Other Interests
      A motion for authority to sell property free and clear of liens
    or other interests shall be made in accordance with Rule 9014 and
    shall be served on the parties who have liens or other interests in
    the property to be sold.  The notice required by subdivision (a) of
    this rule shall include the date of the hearing on the motion and
    the time within which objections may be filed and served on the
    debtor in possession or trustee.
    (d) Sale of Property Under $2,500
      Notwithstanding subdivision (a) of this rule, when all of the
    nonexempt property of the estate has an aggregate gross value less
    than $2,500, it shall be sufficient to give a general notice of
    intent to sell such property other than in the ordinary course of
    business to all creditors, indenture trustees, committees appointed
    or elected pursuant to the Code, the United States trustee and
    other persons as the court may direct.  An objection to any such
    sale may be filed and served by a party in interest within 15 days
    of the mailing of the notice, or within the time fixed by the
    court.  An objection is governed by Rule 9014.
    (e) Hearing
      If a timely objection is made pursuant to subdivision (b) or (d)
    of this rule, the date of the hearing thereon may be set in the
    notice given pursuant to subdivision (a) of this rule.
    (f) Conduct of Sale Not in the Ordinary Course of Business
      (1) Public or Private Sale. All sales not in the ordinary course
    of business may be by private sale or by public auction.  Unless it
    is impracticable, an itemized statement of the property sold, the
    name of each purchaser, and the price received for each item or lot
    or for the property as a whole if sold in bulk shall be filed on
    completion of a sale.  If the property is sold by an auctioneer,
    the auctioneer shall file the statement, transmit a copy thereof to
    the United States trustee, and furnish a copy to the trustee,
    debtor in possession, or chapter 13 debtor.  If the property is not
    sold by an auctioneer, the trustee, debtor in possession, or
    chapter 13 debtor shall file the statement and transmit a copy
    thereof to the United States trustee.
      (2) Execution of Instruments. After a sale in accordance with
    this rule the debtor, the trustee, or debtor in possession, as the
    case may be, shall execute any instrument necessary or ordered by
    the court to effectuate the transfer to the purchaser.
    (g) Stay of Order Authorizing Use, Sale, or Lease of Property
      An order authorizing the use, sale, or lease of property other
    than cash collateral is stayed until the expiration of 10 days
    after entry of the order, unless the court orders otherwise.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987; Apr. 30, 1991, eff.
    Aug. 1, 1991; Apr. 26, 1999, eff.  Dec. 1, 1999.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      Subdivisions (a) and (b). Pursuant to Sec. 363(b) of the Code, a
    trustee or debtor in possession may use, sell, or lease property
    other than in the ordinary course of business only after notice and
    hearing.  Rule 2002(a), (c) and (i) specifies the time when notice
    of sale is to be given, the contents of the notice and the persons
    to whom notice is to be given of sales of property.  Subdivision
    (a) makes those provisions applicable as well to notices for
    proposed use and lease of property.
      The Code does not provide the time within which parties may file
    objections to a proposed sale.  Subdivision (b) of the rule
    requires the objection to be in writing and filed not less than
    five days before the proposed action is to take place.  The
    objection should also be served within that time on the person who
    is proposing to take the action which would be either the trustee
    or debtor in possession.  This time period is subject to change by
    the court.  In some instances there is a need to conduct a sale in
    a short period of time and the court is given discretion to tailor
    the requirements to the circumstances.
      Subdivision (c). In some situations a notice of sale for
    different pieces of property to all persons specified in Rule
    2002(a) may be uneconomic and inefficient.  This is particularly
    true in some chapter 7 liquidation cases when there is property of
    relatively little value which must be sold by the trustee.
    Subdivision (c) allows a general notice of intent to sell when the
    aggregate value of the estate's property is less than $2,500. The
    gross value is the value of the property without regard to the
    amount of any debt secured by a lien on the property.  It is not
    necessary to give a detailed notice specifying the time and place
    of a particular sale.  Thus, the requirements of Rule 2002(c) need
    not be met.  If this method of providing notice of sales is used,
    the subdivision specifies that parties in interest may serve and
    file objections to the proposed sale of any property within the
    class and the time for service and filing is fixed at not later
    than 15 days after mailing the notice.  The court may fix a
    different time.  Subdivision (c) would have little utility in
    chapter 11 cases.  Pursuant to Rule 2002(i), the court can limit
    notices of sale to the creditors' committee appointed under Sec.
    1102 of the Code and the same burdens present in a small chapter 7
    case would not exist.
      Subdivision (d). If a timely objection is filed, a hearing is
    required with respect to the use, sale, or lease of property.
    Subdivision (d) renders the filing of an objection tantamount to
    requesting a hearing so as to require a hearing pursuant to Sec.
    363(b) and 102(l)(B)(i).
      Subdivision (e) is derived in part from former Bankruptcy Rule
    606(b) but does not carry forward the requirement of that rule that
    court approval be obtained for sales of property.  Pursuant to Sec.
    363(b) court approval is not required unless timely objection is
    made to the proposed sale.  The itemized statement or information
    required by the subdivision is not necessary when it would be
    impracticable to prepare it or set forth the information.  For
    example, a liquidation sale of retail goods although not in the
    ordinary course of business may be on a daily ongoing basis and
    only summaries may be available.
      The duty imposed by paragraph (2) does not affect the power of
    the bankruptcy court to order third persons to execute instruments
    transferring property purchased at a sale under this subdivision.
    See, e.g., In re Rosenberg, 138 F.2d 409 (7th Cir. 1943).
           NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT
      Subdivision (a) is amended to conform to the 1984 amendments to
    Sec. 363(b)(2) of the Code.
      Subdivision (b) is amended to provide that an objection to a
    proposed use, sale, or lease of property creates a contested matter
    governed by Rule 9014. A similar amendment is made to subdivision
    (d), which was formerly subdivision (c).
      Subdivision (c) is new.  Section 363(f) provides that sales free
    and clear of liens or other interests are only permitted if one of
    the five statutory requirements is satisfied.  Rule 9013 requires
    that a motion state with particularity the grounds relied upon by
    the movant.  A motion for approval of a sale free and clear of
    liens or other interests is subject to Rule 9014, service must be
    made on the parties holding liens or other interests in the
    property, and notice of the hearing on the motion and the time for
    filing objections must be included in the notice given under
    subdivision (a).
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      This rule is amended to provide notice to the United States
    trustee of a proposed use, sale or lease of property not in the
    ordinary course of business.  See Rule 2002(k). Subdivision (f)(1)
    is amended to enable the United States trustee to monitor the
    progress of the case in accordance with 28 U.S.C. Sec.
    586(a)(3)(G).
      The words ''with the clerk'' in subdivision (f)(1) are deleted as
    unnecessary.  See Rules 5005(a) and 9001(3).
                 COMMITTEE NOTES ON RULES - 1999 AMENDMENT
      Subdivision (g) is added to provide sufficient time for a party
    to request a stay pending appeal of an order authorizing the use,
    sale, or lease of property under Sec. 363(b) of the Code before the
    order is implemented.  It does not affect the time for filing a
    notice of appeal in accordance with Rule 8002.
      Rule 6004(g) does not apply to orders regarding the use of cash
    collateral and does not affect the trustee's right to use, sell, or
    lease property without a court order to the extent permitted under
    Sec. 363 of the Code.
      The court may, in its discretion, order that Rule 6004(g) is not
    applicable so that the property may be used, sold, or leased
    immediately in accordance with the order entered by the court.
    Alternatively, the court may order that the stay under Rule 6004(g)
    is for a fixed period less than 10 days.
      GAP Report on Rule 6004. No changes since publication.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 6005                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VI - COLLECTION AND LIQUIDATION OF THE ESTATE
 
-HEAD-
    Rule 6005. Appraisers and Auctioneers
 
-STATUTE-
      The order of the court approving the employment of an appraiser
    or auctioneer shall fix the amount or rate of compensation.  No
    officer or employee of the Judicial Branch of the United States or
    the United States Department of Justice shall be eligible to act as
    appraiser or auctioneer.  No residence or licensing requirement
    shall disqualify an appraiser or auctioneer from employment.
 
-SOURCE-
    (As amended Apr. 30, 1991, eff.  Aug. 1, 1991.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      This rule is derived from former Bankruptcy Rule 606(c) and
    implements Sec. 327 of the Code. Pursuant to Sec. 327, the trustee
    or debtor in possession may employ one or more appraisers or
    auctioneers, subject to court approval.  This rule requires the
    court order approving such employment to fix the amount or rate of
    compensation.  The second sentence of the former rule is retained
    to continue to safeguard against imputations of favoritism which
    detract from public confidence in bankruptcy administration.  The
    final sentence is to guard against imposition of parochial
    requirements not warranted by any consideration having to do with
    sound bankruptcy administration.
      Reference should also be made to Rule 2013(a) regarding the
    limitation on employment of appraisers and auctioneers, and Rule
    2014(a) regarding the application for appointment of an appraiser
    or auctioneer.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 6006                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VI - COLLECTION AND LIQUIDATION OF THE ESTATE
 
-HEAD-
    Rule 6006. Assumption, Rejection or Assignment of an Executory
        Contract or Unexpired Lease
 
-STATUTE-
    (a) Proceeding To Assume, Reject, or Assign
      A proceeding to assume, reject, or assign an executory contract
    or unexpired lease, other than as part of a plan, is governed by
    Rule 9014.
    (b) Proceeding To Require Trustee To Act
      A proceeding by a party to an executory contract or unexpired
    lease in a chapter 9 municipality case, chapter 11 reorganization
    case, chapter 12 family farmer's debt adjustment case, or chapter
    13 individual's debt adjustment case, to require the trustee,
    debtor in possession, or debtor to determine whether to assume or
    reject the contract or lease is governed by Rule 9014.
    (c) Notice
      Notice of a motion made pursuant to subdivision (a) or (b) of
    this rule shall be given to the other party to the contract or
    lease, to other parties in interest as the court may direct, and,
    except in a chapter 9 municipality case, to the United States
    trustee.
    (d) Stay of Order Authorizing Assignment
      An order authorizing the trustee to assign an executory contract
    or unexpired lease under Sec. 365(f) is stayed until the expiration
    of 10 days after the entry of the order, unless the court orders
    otherwise.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987; Apr. 30, 1991, eff.
    Aug. 1, 1991; Apr. 22, 1993, eff.  Aug. 1, 1993; Apr. 26, 1999,
    eff.  Dec. 1, 1999.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      Section 365(a) of the Code requires court approval for the
    assumption or rejection of an executory contract by the trustee or
    debtor in possession.  The trustee or debtor in possession may also
    assign an executory contract, Sec. 365(f)(1), but must first assume
    the contract, Sec. 365(f)(2). Rule 6006 provides a procedure for
    obtaining court approval.  It does not apply to the automatic
    rejection of contracts which are not assumed in chapter 7
    liquidation cases within 60 days after the order for relief, or to
    the assumption or rejection of contracts in a plan pursuant to Sec.
    1123(b)(2) or Sec. 1322(b)(7).
      Subdivision (a) by referring to Rule 9014 requires a motion to be
    brought for the assumption, rejection, or assignment of an
    executory contract.  Normally, the motion will be brought by the
    trustee, debtor in possession or debtor in a chapter 9 or chapter
    13 case.  The authorization to assume a contract and to assign it
    may be sought in a single motion and determined by a single order.
      Subdivision (b) makes applicable the same motion procedure when
    the other party to the contract seeks to require the chapter
    officer to take some action.  Section 365(d)(2) recognizes that
    this procedure is available to these contractual parties.  This
    provision of the Code and subdivision of the rule apply only in
    chapter 9, 11 and 13 cases.  A motion is not necessary in chapter 7
    cases because in those cases a contract is deemed rejected if the
    trustee does not timely assume it.
      Subdivision (c) provides for the court to set a hearing on a
    motion made under subdivision (a) or (b). The other party to the
    contract should be given appropriate notice of the hearing and the
    court may order that other parties in interest, such as a
    creditors' committee, also be given notice.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT
      Subdivisions (a) and (b) are amended to conform to the 1984
    amendment to Sec. 365 of the Code, which governs assumption or
    rejection of time share interests.
      Section 1113, governing collective bargaining agreements, was
    added to the Code in 1984. It sets out requirements that must be
    met before a collective bargaining agreement may be rejected.  The
    application to reject a collective bargaining agreement referred to
    in Sec. 1113 shall be made by motion.  The motion to reject creates
    a contested matter under Rule 9014, and service is made pursuant to
    Rule 7004 on the representative of the employees.  The time periods
    set forth in Sec. 1113(d) govern the scheduling of the hearing and
    disposition of a motion to reject the agreement.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      References to time share interests are deleted as unnecessary.
    Time share interests are within the scope of this rule to the
    extent that they are governed by Sec. 365 of the Code.
      Subdivision (b) is amended to include chapter 12 cases.
      Subdivision (c) is amended to enable the United States trustee to
    appear and be heard on the issues relating to the assumption or
    rejection of executory contracts and unexpired leases.  See Sec.
    307, 365, and 1113 of the Code.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1993 AMENDMENT
      This rule is amended to delete the requirement for an actual
    hearing when no request for a hearing is made.  See Rule 9014.
                 COMMITTEE NOTES ON RULES - 1999 AMENDMENT
      Subdivision (d) is added to provide sufficient time for a party
    to request a stay pending appeal of an order authorizing the
    assignment of an executory contract or unexpired lease under Sec.
    365(f) of the Code before the assignment is consummated.  The stay
    under subdivision (d) does not affect the time for filing a notice
    of appeal in accordance with Rule 8002.
      The court may, in its discretion, order that Rule 6006(d) is not
    applicable so that the executory contract or unexpired lease may be
    assigned immediately in accordance with the order entered by the
    court.  Alternatively, the court may order that the stay under Rule
    6006(d) is for a fixed period less than 10 days.
      GAP Report on Rule 6006. No changes since publication.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 6007                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VI - COLLECTION AND LIQUIDATION OF THE ESTATE
 
-HEAD-
    Rule 6007. Abandonment or Disposition of Property
 
-STATUTE-
    (a) Notice of Proposed Abandonment or Disposition; Objections;
        Hearing
      Unless otherwise directed by the court, the trustee or debtor in
    possession shall give notice of a proposed abandonment or
    disposition of property to the United States trustee, all
    creditors, indenture trustees, and committees elected pursuant to
    Sec. 705 or appointed pursuant to Sec. 1102 of the Code. A party in
    interest may file and serve an objection within 15 days of the
    mailing of the notice, or within the time fixed by the court.  If a
    timely objection is made, the court shall set a hearing on notice
    to the United States trustee and to other entities as the court may
    direct.
    (b) Motion by Party in Interest
      A party in interest may file and serve a motion requiring the
    trustee or debtor in possession to abandon property of the estate.
    ((c) Hearing) (Abrogated Apr. 22, 1993, eff.  Aug. 1, 1993)
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987; Apr. 30, 1991, eff.
    Aug. 1, 1991; Apr. 22, 1993, eff.  Aug. 1, 1993.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      Sections 554 and 725 of the Code permit and require abandonment
    and disposition of property of the estate.  Pursuant to Sec. 554,
    the trustee may abandon property but only after notice and
    hearing.  This section is applicable in chapter 7, 11 and 13
    cases.  Section 725 requires the trustee to dispose of property in
    which someone other than the estate has an interest, prior to final
    distribution.  It applies only in chapter 7 cases.  Notice and
    hearing are also required conditions.  Section 102(1) provides that
    ''notice and hearing'' is construed to mean appropriate notice and
    an opportunity for a hearing.  Neither Sec. 554 nor Sec. 725
    specify to whom the notices are to be sent.  This rule does not
    apply to Sec. 554(c). Pursuant to that subsection, property is
    deemed abandoned if it is not administered.  A hearing is not
    required by the statute.
      Subdivision (a) requires the notices to be sent to all creditors,
    indenture trustees, and committees elected under Sec. 705 or
    appointed under Sec. 1102 of the Code. This may appear burdensome,
    expensive and inefficient but the subdivision is in keeping with
    the Code's requirement for notice and the Code's intent to remove
    the bankruptcy judge from undisputed matters.  The burden, expense
    and inefficiency can be alleviated in large measure by
    incorporating the notice into or together with the notice of the
    meeting of creditors so that separate notices would not be
    required.
      Subdivision (b) implements Sec. 554(b) which specifies that a
    party in interest may request an order that the trustee abandon
    property.  The rule specifies that the request be by motion and,
    pursuant to the Code, lists the parties who should receive notice.
      Subdivision (c) requires a hearing when an objection under
    subdivision (a) is filed or a motion under subdivision (b) is
    made.  Filing of an objection is sufficient to require a hearing; a
    separate or joined request for a hearing is unnecessary since the
    objection itself is tantamount to such a request.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      This rule is amended to conform to the 1986 amendments to 28
    U.S.C. Sec. 586(a) and to the Code. The United States trustee
    monitors the progress of the case and has standing to raise, appear
    and be heard on the issues relating to the abandonment or other
    disposition of property.  See Sec. 307 and 554 of the Code.
    Committees of retired employees appointed under Sec. 1114 are not
    entitled to notice under subdivision (a) of this rule.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1993 AMENDMENT
      This rule is amended to clarify that when a motion is made
    pursuant to subdivision (b), a hearing is not required if a hearing
    is not requested or if there is no opposition to the motion.  See
    Rule 9014. Other amendments are stylistic and make no substantive
    change.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 6008                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VI - COLLECTION AND LIQUIDATION OF THE ESTATE
 
-HEAD-
    Rule 6008. Redemption of Property from Lien or Sale
 
-STATUTE-
      On motion by the debtor, trustee, or debtor in possession and
    after hearing on notice as the court may direct, the court may
    authorize the redemption of property from a lien or from a sale to
    enforce a lien in accordance with applicable law.
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      This rule is derived from former Bankruptcy Rule 609. No
    provision in the Code addresses the trustee's right of redemption.
    Ordinarily the secured creditor should be given notice of the
    trustee's motion so that any objection may be raised to the
    proposed redemption.
      The rule applies also to a debtor exercising a right of
    redemption pursuant to Sec. 722. A proceeding under that section is
    governed by Rule 9014.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 6009                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VI - COLLECTION AND LIQUIDATION OF THE ESTATE
 
-HEAD-
    Rule 6009. Prosecution and Defense of Proceedings by Trustee or
        Debtor in Possession
 
-STATUTE-
      With or without court approval, the trustee or debtor in
    possession may prosecute or may enter an appearance and defend any
    pending action or proceeding by or against the debtor, or commence
    and prosecute any action or proceeding in behalf of the estate
    before any tribunal.
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      This rule is derived from former Bankruptcy Rule 610.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 6010                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VI - COLLECTION AND LIQUIDATION OF THE ESTATE
 
-HEAD-
    Rule 6010. Proceeding to Avoid Indemnifying Lien or Transfer to
        Surety
 
-STATUTE-
      If a lien voidable under Sec. 547 of the Code has been dissolved
    by the furnishing of a bond or other obligation and the surety
    thereon has been indemnified by the transfer of, or the creation of
    a lien upon, nonexempt property of the debtor, the surety shall be
    joined as a defendant in any proceeding to avoid the indemnifying
    transfer or lien.  Such proceeding is governed by the rules in Part
    VII.
 
-SOURCE-
    (As amended Apr. 30, 1991, eff.  Aug. 1, 1991.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      This rule is derived from former Bankruptcy Rule 612.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      This rule is amended to conform to Sec. 550(a) of the Code which
    provides that the trustee may recover the property transferred in a
    voidable transfer.  The value of the property may be recovered in
    lieu of the property itself only if the court so orders.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES PART VII - ADVERSARY
                  PROCEEDINGS                                    01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VII - ADVERSARY PROCEEDINGS
    .
 
-HEAD-
    PART VII - ADVERSARY PROCEEDINGS
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 7001                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VII - ADVERSARY PROCEEDINGS
 
-HEAD-
    Rule 7001. Scope of Rules of Part VII
 
-STATUTE-
      An adversary proceeding is governed by the rules of this Part
    VII. The following are adversary proceedings:
        (1) a proceeding to recover money or property, other than a
      proceeding to compel the debtor to deliver property to the
      trustee, or a proceeding under Sec. 554(b) or Sec. 725 of the
      Code, Rule 2017, or Rule 6002;
        (2) a proceeding to determine the validity, priority, or extent
      of a lien or other interest in property, other than a proceeding
      under Rule 4003(d);
        (3) a proceeding to obtain approval under Sec. 363(h) for the
      sale of both the interest of the estate and of a co-owner in
      property;
        (4) a proceeding to object to or revoke a discharge;
        (5) a proceeding to revoke an order of confirmation of a
      chapter 11, chapter 12, or chapter 13 plan;
        (6) a proceeding to determine the dischargeability of a debt;
        (7) a proceeding to obtain an injunction or other equitable
      relief, except when a chapter 9, chapter 11, chapter 12, or
      chapter 13 plan provides for the relief;
        (8) a proceeding to subordinate any allowed claim or interest,
      except when a chapter 9, chapter 11, chapter 12, or chapter 13
      plan provides for subordination;
        (9) a proceeding to obtain a declaratory judgment relating to
      any of the foregoing; or
        (10) a proceeding to determine a claim or cause of action
      removed under 28 U.S.C. Sec. 1452.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987; Apr. 30, 1991, eff.
    Aug. 1, 1991; Apr. 26, 1999, eff.  Dec. 1, 1999.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      The rules in Part VII govern the procedural aspects of litigation
    involving the matters referred to in this Rule 7001. Under Rule
    9014 some of the Part VII rules also apply to contested matters.
      These Part VII rules are based on the premise that to the extent
    possible practice before the bankruptcy courts and the district
    courts should be the same.  These rules either incorporate or are
    adaptations of most of the Federal Rules of Civil Procedure.
    Although the Part VII rules of the former Bankruptcy Rules also
    relied heavily on the F.R.Civ.P., the former Part VII rules
    departed from the civil practice in two significant ways: a trial
    or pretrial conference had to be scheduled as soon as the adversary
    proceeding was filed and pleadings had to be filed within periods
    shorter than those established by the F.R.Civ.P. These departures
    from the civil practice have been eliminated.
      The content and numbering of these Part VII rules correlates to
    the content and numbering of the F.R.Civ.P. Most, but not all, of
    the F.R.Civ.P. have a comparable Part VII rule.  When there is no
    Part VII rule with a number corresponding to a particular
    F.R.Civ.P., Parts V and IX of these rules must be consulted to
    determine if one of the rules in those parts deals with the
    subject.  The list below indicates the F.R.Civ.P., or subdivision
    thereof, covered by a rule in either Part V or Part IX.
 
    ---------------------------------------------------------------------
    F.R.Civ.P.                         Rule in Part V or IX
    ---------------------------------------------------------------------
    6                                  9006
    7(b)                               9013
    10(a)                              9004(b)
    11                                 9011
    38, 39                             9015(a)-(e)
    47-51                              9015(f)
    43, 44, 44.1                       9017
    45                                 9016
    58                                 9021
    59                                 9023
    60                                 9024
    61                                 9005
    63                                 9028
    77(a), (b), (c)                    5001
    77(d)                              9022(d)
    79(a)-(d)                          5003
    81(c)                              9027
    83                                 9029
    92                                 9030
                     -------------------------------
      Proceedings to which the rules in Part VII apply directly include
    those brought to avoid transfers by the debtor under Sec. 544, 545,
    547, 548 and 549 of the Code; subject to important exceptions,
    proceedings to recover money or property; proceedings on bonds
    under Rules 5008(d) and 9025; proceedings under Rule 4004 to
    determine whether a discharge in a chapter 7 or 11 case should be
    denied because of an objection grounded on Sec. 727 and proceedings
    in a chapter 7 or 13 case to revoke a discharge as provided in Sec.
    727(d) or 1328(e); and proceedings initiated pursuant to Sec.
    523(c) of the Code to determine the dischargeability of a
    particular debt.  Those proceedings were classified as adversary
    proceedings under former Bankruptcy Rule 701.
      Also included as adversary proceedings are proceedings to revoke
    an order of confirmation of a plan in a chapter 11 or 13 case as
    provided in Sec. 1144 and 1330, to subordinate under Sec. 510(c),
    other than as part of a plan, an allowed claim or interest, and to
    sell under Sec. 363(h) both the interest of the estate and a
    co-owner in property.
      Declaratory judgments with respect to the subject matter of the
    various adversary proceedings are also adversary proceedings.
      Any claim or cause of action removed to a bankruptcy court
    pursuant to 28 U.S.C. Sec. 1478 is also an adversary proceeding.
      Unlike former Bankruptcy Rule 701, requests for relief from an
    automatic stay do not commence an adversary proceeding.  Section
    362(e) of the Code and Rule 4001 establish an expedited schedule
    for judicial disposition of requests for relief from the automatic
    stay.  The formalities of the adversary proceeding process and the
    time for serving pleadings are not well suited to the expedited
    schedule.  The motion practice prescribed in Rule 4001 is best
    suited to such requests because the court has the flexibility to
    fix hearing dates and other deadlines appropriate to the particular
    situation.
      Clause (1) contains important exceptions.  A person with an
    interest in property in the possession of the trustee or debtor in
    possession may seek to recover or reclaim that property under Sec.
    554(b) or Sec. 725 of the Code. Since many attempts to recover or
    reclaim property under these two sections do not generate disputes,
    application of the formalities of the Part VII Rules is not
    appropriate.  Also excluded from adversary proceedings is
    litigation arising from an examination under Rule 2017 of a
    debtor's payments of money or transfers of property to an attorney
    representing the debtor in a case under the Code or an examination
    of a superseded administration under Rule 6002.
      Exemptions and objections thereto are governed by Rule 4003.
    Filing of proofs of claim and the allowances thereof are governed
    by Rules 3001-3005, and objections to claims are governed by Rule
    3007. When an objection to a claim is joined with a demand for
    relief of the kind specified in this Rule 7001, the matter becomes
    an adversary proceeding.  See Rule 3007.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT
      Another exception is added to clause (1). A trustee may proceed
    by motion to recover property from the debtor.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      Clauses (5) and (8) are amended to include chapter 12 plans.
                 COMMITTEE NOTES ON RULES - 1999 AMENDMENT
      This rule is amended to recognize that an adversary proceeding is
    not necessary to obtain injunctive or other equitable relief that
    is provided for in a plan under circumstances in which substantive
    law permits the relief.  Other amendments are stylistic.
      GAP Report on Rule 7001. No changes since publication, except for
    stylistic changes.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 7002                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VII - ADVERSARY PROCEEDINGS
 
-HEAD-
    Rule 7002. References to Federal Rules of Civil Procedure
 
-STATUTE-
      Whenever a Federal Rule of Civil Procedure applicable to
    adversary proceedings makes reference to another Federal Rule of
    Civil Procedure, the reference shall be read as a reference to the
    Federal Rule of Civil Procedure as modified in this Part VII.
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      Rules 5, 12, 13, 14, 25, 27, 30, 41 and 52 F.R.Civ.P. are made
    applicable to adversary proceedings by Part VII. Each of those
    rules contains a cross reference to another Federal Rule; however,
    the Part VII rule which incorporates the cross-referenced Federal
    Rule modifies the Federal Rule in some way.  Under this Rule 7002
    the cross reference is to the Federal Rule as modified by Part VII.
    For example, Rule 5 F.R.Civ.P., which is made applicable to
    adversary proceedings by Rule 7005, contains a reference to Rule 4
    F.R.Civ.P. Under this Rule 7002, the cross reference is to Rule 4
    F.R.Civ.P. as modified by Rule 7004.
      Rules 7, 10, 12, 13, 14, 19, 22, 23.2, 24-37, 41, 45, 49, 50, 52,
    55, 59, 60, 62 F.R.Civ.P. are made applicable to adversary
    proceedings by Part VII or generally to cases under the Code by
    Part IX. Each of those Federal Rules contains a cross reference to
    another Federal Rule which is not modified by the Part VII or Part
    IX rule which makes the cross-referenced Federal Rule applicable.
    Since the cross-referenced rule is not modified by a Part VII rule
    this Rule 7002 does not apply.
 
-REFTEXT-
                             REFERENCES IN TEXT
      The Federal Rules of Civil Procedure, referred to in text, are
    set out in the Appendix to Title 28, Judiciary and Judicial
    Procedure.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 7003                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VII - ADVERSARY PROCEEDINGS
 
-HEAD-
    Rule 7003. Commencement of Adversary Proceeding
 
-STATUTE-
      Rule 3 F.R.Civ.P. applies in adversary proceedings.
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      Rule 5005(a) requires that a complaint commencing an adversary
    proceeding be filed with the court in which the case under the Code
    is pending unless 28 U.S.C. Sec. 1473 authorizes the filing of the
    complaint in another district.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 7004                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VII - ADVERSARY PROCEEDINGS
 
-HEAD-
    Rule 7004. Process; Service of Summons, Complaint
 
-STATUTE-
    (a) Summons; Service; Proof of Service
      Rule 4(a), (b), (c)(1), (d)(1), (e)-(j), (l), and (m) F.R.Civ.P.
    applies in adversary proceedings.  Personal service pursuant to
    Rule 4(e)-(j) F.R.Civ.P. may be made by any person at least 18
    years of age who is not a party, and the summons may be delivered
    by the clerk to any such person.
    (b) Service by First Class Mail
      Except as provided in subdivision (h), in addition to the methods
    of service authorized by Rule 4(e)-(j) F.R.Civ.P., service may be
    made within the United States by first class mail postage prepaid
    as follows:
        (1) Upon an individual other than an infant or incompetent, by
      mailing a copy of the summons and complaint to the individual's
      dwelling house or usual place of abode or to the place where the
      individual regularly conducts a business or profession.
        (2) Upon an infant or an incompetent person, by mailing a copy
      of the summons and complaint to the person upon whom process is
      prescribed to be served by the law of the state in which service
      is made when an action is brought against such a defendant in the
      courts of general jurisdiction of that state.  The summons and
      complaint in that case shall be addressed to the person required
      to be served at that person's dwelling house or usual place of
      abode or at the place where the person regularly conducts a
      business or profession.
        (3) Upon a domestic or foreign corporation or upon a
      partnership or other unincorporated association, by mailing a
      copy of the summons and complaint to the attention of an officer,
      a managing or general agent, or to any other agent authorized by
      appointment or by law to receive service of process and, if the
      agent is one authorized by statute to receive service and the
      statute so requires, by also mailing a copy to the defendant.
        (4) Upon the United States, by mailing a copy of the summons
      and complaint addressed to the civil process clerk at the office
      of the United States attorney for the district in which the
      action is brought and by mailing a copy of the summons and
      complaint to the Attorney General of the United States at
      Washington, District of Columbia, and in any action attacking the
      validity of an order of an officer or an agency of the United
      States not made a party, by also mailing a copy of the summons
      and complaint to that officer or agency.  The court shall allow a
      reasonable time for service pursuant to this subdivision for the
      purpose of curing the failure to mail a copy of the summons and
      complaint to multiple officers, agencies, or corporations of the
      United States if the plaintiff has mailed a copy of the summons
      and complaint either to the civil process clerk at the office of
      the United States attorney or to the Attorney General of the
      United States.
        (5) Upon any officer or agency of the United States, by mailing
      a copy of the summons and complaint to the United States as
      prescribed in paragraph (4) of this subdivision and also to the
      officer or agency.  If the agency is a corporation, the mailing
      shall be as prescribed in paragraph (3) of this subdivision of
      this rule.  The court shall allow a reasonable time for service
      pursuant to this subdivision for the purpose of curing the
      failure to mail a copy of the summons and complaint to multiple
      officers, agencies, or corporations of the United States if the
      plaintiff has mailed a copy of the summons and complaint either
      to the civil process clerk at the office of the United States
      attorney or to the Attorney General of the United States. If the
      United States trustee is the trustee in the case and service is
      made upon the United States trustee solely as trustee, service
      may be made as prescribed in paragraph (10) of this subdivision
      of this rule.
        (6) Upon a state or municipal corporation or other governmental
      organization thereof subject to suit, by mailing a copy of the
      summons and complaint to the person or office upon whom process
      is prescribed to be served by the law of the state in which
      service is made when an action is brought against such a
      defendant in the courts of general jurisdiction of that state, or
      in the absence of the designation of any such person or office by
      state law, then to the chief executive officer thereof.
        (7) Upon a defendant of any class referred to in paragraph (1)
      or (3) of this subdivision of this rule, it is also sufficient if
      a copy of the summons and complaint is mailed to the entity upon
      whom service is prescribed to be served by any statute of the
      United States or by the law of the state in which service is made
      when an action is brought against such a defendant in the court
      of general jurisdiction of that state.
        (8) Upon any defendant, it is also sufficient if a copy of the
      summons and complaint is mailed to an agent of such defendant
      authorized by appointment or by law to receive service of
      process, at the agent's dwelling house or usual place of abode or
      at the place where the agent regularly carries on a business or
      profession and, if the authorization so requires, by mailing also
      a copy of the summons and complaint to the defendant as provided
      in this subdivision.
        (9) Upon the debtor, after a petition has been filed by or
      served upon the debtor and until the case is dismissed or closed,
      by mailing a copy of the summons and complaint to the debtor at
      the address shown in the petition or statement of affairs or to
      such other address as the debtor may designate in a filed writing
      and, if the debtor is represented by an attorney, to the attorney
      at the attorney's post-office address.
        (10) Upon the United States trustee, when the United States
      trustee is the trustee in the case and service is made upon the
      United States trustee solely as trustee, by mailing a copy of the
      summons and complaint to an office of the United States trustee
      or another place designated by the United States trustee in the
      district where the case under the Code is pending.
    (c) Service by Publication
      If a party to an adversary proceeding to determine or protect
    rights in property in the custody of the court cannot be served as
    provided in Rule 4(e)-(j) F.R.Civ.P. or subdivision (b) of this
    rule, the court may order the summons and complaint to be served by
    mailing copies thereof by first class mail, postage prepaid, to the
    party's last known address, and by at least one publication in such
    manner and form as the court may direct.
    (d) Nationwide Service of Process
      The summons and complaint and all other process except a subpoena
    may be served anywhere in the United States.
    (e) Summons: Time Limit for Service Within the United States
      Service made under Rule 4(e), (g), (h)(1), (i), or (j)(2)
    F.R.Civ.P. shall be by delivery of the summons and complaint within
    10 days after the summons is issued.  If service is by any
    authorized form of mail, the summons and complaint shall be
    deposited in the mail within 10 days after the summons is issued.
    If a summons is not timely delivered or mailed, another summons
    shall be issued and served.  This subdivision does not apply to
    service in a foreign country.
    (f) Personal Jurisdiction
      If the exercise of jurisdiction is consistent with the
    Constitution and laws of the United States, serving a summons or
    filing a waiver of service in accordance with this rule or the
    subdivisions of Rule 4 F.R.Civ.P. made applicable by these rules is
    effective to establish personal jurisdiction over the person of any
    defendant with respect to a case under the Code or a civil
    proceeding arising under the Code, or arising in or related to a
    case under the Code.
    ((g) Effect of Amendment to Rule 4 F.R.Civ.P.) (Abrogated Apr. 23,
        1996, eff.  Dec. 1, 1996)
    (h) Service of process on an insured depository institution
      Service on an insured depository institution (as defined in
    section 3 of the Federal Deposit Insurance Act) in a contested
    matter or adversary proceeding shall be made by certified mail
    addressed to an officer of the institution unless -
        (1) the institution has appeared by its attorney, in which case
      the attorney shall be served by first class mail;
        (2) the court orders otherwise after service upon the
      institution by certified mail of notice of an application to
      permit service on the institution by first class mail sent to an
      officer of the institution designated by the institution; or
        (3) the institution has waived in writing its entitlement to
      service by certified mail by designating an officer to receive
      service.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987; Apr. 30, 1991, eff.
    Aug. 1, 1991; Pub. L. 103-394, title I, Sec. 114, Oct. 22, 1994,
    108 Stat. 4118; Apr. 23, 1996, eff.  Dec. 1, 1996; Apr. 26, 1999,
    eff.  Dec. 1, 1999.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      Subdivision (a) of the rule, by incorporation of Rule 4(a), (b),
    (d), (e) and (g)-(i) F.R.Civ.P., governs the mechanics of issuance
    of a summons and its form, the manner of service on parties and
    their representatives, and service in foreign countries.
      Subdivision (b), which is the same as former Rule 704(c),
    authorizes service of process by first class mail postage prepaid.
    This rule retains the modes of service contained in former
    Bankruptcy Rule 704. The former practice, in effect since 1976, has
    proven satisfactory.
      Subdivision (c) is derived from former Bankruptcy Rule 704(d)(2).
      Subdivision (d). Nationwide service of process is authorized by
    subdivision (d).
      Subdivision (e) authorizes service by delivery on individuals and
    corporations in foreign countries if the party to be served is the
    debtor or any person required to perform the duties of the debtor
    and certain other persons, the adversary proceeding involves
    property in the custody of the bankruptcy court, or if federal or
    state law authorizes such service in a foreign country.
      Subdivision (f). The requirement of former Bankruptcy Rule 704
    that the summons be served within 10 days is carried over into
    these rules by subdivision (f).
           NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT
      Subdivision (a) is amended to make Rule 4(j) F.R.Civ.P.
    applicable to service of the summons.  If service is not completed
    within 120 days of the filing of the complaint, the complaint may
    be dismissed.
      Technical amendments are made to subdivisions (a), (b), (e), and
    (f) to conform to recent amendments to Rule 4 F.R.Civ.P.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      The United States trustee may serve as trustee in a case pursuant
    to 28 U.S.C. Sec. 586(a)(2) and Sec. 701(a)(2), 1202(a), and
    1302(a) of the Code. This rule is amended to avoid the necessity of
    mailing copies of a summons and complaint or other pleadings to the
    Attorney General and to the United States attorney when service on
    the United States trustee is required only because the United
    States trustee is acting as a case trustee.  For example, a
    proceeding commenced by a creditor to dismiss a case for
    unreasonable delay under Sec. 707(a) is governed by Rule 9014 which
    requires service on the trustee pursuant to the requirements of
    Rule 7004 for the service of a summons and complaint.  The Attorney
    General and the United States attorney would have no interest in
    receiving a copy of the motion to dismiss.  Mailing to the office
    of the United States trustee when acting as the case trustee is
    sufficient in such cases.
      The words ''with the court'' in subdivision (b)(9) are deleted as
    unnecessary.  See Rules 5005(a) and 9001(3).
      The new paragraph (10) of subdivision (b) does not affect
    requirements for service of process on the United States trustee
    when sued or otherwise a party to a litigation unrelated to its
    capacity as a trustee.  If a proceeding is commenced against the
    United States trustee which is unrelated to the United States
    trustee's role as trustee, the requirements of paragraph (5) of
    subdivision (b) of this rule would apply.
      Subdivision (g) is added in anticipation of substantial amendment
    to, and restructuring of subdivisions of, Rule 4 F.R.Civ.P. Any
    amendment to Rule 4 will not affect service in bankruptcy cases and
    proceedings until further amendment to the Bankruptcy Rules. On
    January 1, 1990, Rule 4 F.R.Civ.P. read as follows:
                             RULE 4 F.R.CIV.P.
                                  PROCESS
      (a) Summons: Issuance. Upon the filing of the complaint the clerk
    shall forthwith issue a summons and deliver the summons to the
    plaintiff or the plaintiff's attorney, who shall be responsible for
    prompt service of the summons and a copy of the complaint.  Upon
    request of the plaintiff separate or additional summons shall issue
    against any defendants.
      (b) Same: Form. The summons shall be signed by the clerk, be
    under the seal of the court, contain the name of the court and the
    names of the parties, be directed to the defendant, state the name
    and address of the plaintiff's attorney, if any, otherwise the
    plaintiff's address, and the time within which these rules require
    the defendant to appear and defend, and shall notify the defendant
    that in case of the defendant's failure to do so judgment by
    default will be rendered against the defendant for the relief
    demanded in the complaint.  When, under Rule 4(e), service is made
    pursuant to a statute or rule of court of a state, the summons, or
    notice, or order in lieu of summons shall correspond as nearly as
    may be to that required by the statute or rule.
      (c) Service.
        (1) (Not applicable.)
        (2)(A) (Not applicable.)
        (B) (Not applicable.)
        (C) A summons and complaint may be served upon a defendant of
      any class referred to in paragraph (1) or (3) of subdivision (d)
      of this rule -
          (i) pursuant to the law of the State in which the district
        court is held for the service of summons or other like process
        upon such defendant in an action brought in the courts of
        general jurisdiction of that State, or
          (ii) (Not applicable.)
        (D) (Not applicable.)
        (E) (Not applicable.)
        (3) (Not applicable.)
      (d) Summons and Complaint: Person To Be Served. The summons and
    complaint shall be served together.  The plaintiff shall furnish
    the person making service with such copies as are necessary.
    Service shall be made as follows:
        (1) Upon an individual other than an infant or an incompetent
      person, by delivering a copy of the summons and of the complaint
      to the individual personally or by leaving copies thereof at the
      individual's dwelling house or usual place of abode with some
      person of suitable age and discretion then residing therein or by
      delivering a copy of the summons and of the complaint to an agent
      authorized by appointment or by law to receive service of
      process.
        (2) Upon an infant or an incompetent person, by serving the
      summons and complaint in the manner prescribed by the law of the
      state in which the service is made for the service of summons or
      other like process upon any such defendant in an action brought
      in the courts of general jurisdiction of that state.
        (3) Upon a domestic or foreign corporation or upon a
      partnership or other unincorporated association which is subject
      to suit under a common name, by delivering a copy of the summons
      and of the complaint to an officer, a managing or general agent,
      or to any other agent authorized by appointment or by law to
      receive service of process and, if the agent is one authorized by
      statute to receive service and the statute so requires, by also
      mailing a copy to the defendant.
        (4) Upon the United States, by delivering a copy of the summons
      and of the complaint to the United States attorney for the
      district in which the action is brought or to an assistant United
      States attorney or clerical employee designated by the United
      States attorney in a writing filed with the clerk of the court
      and by sending a copy of the summons and of the complaint by
      registered or certified mail to the Attorney General of the
      United States at Washington, District of Columbia, and in any
      action attacking the validity of an order of an officer or agency
      of the United States not made a party, by also sending a copy of
      the summons and of the complaint by registered or certified mail
      to such officer or agency.
        (5) Upon an officer or agency of the United States, by serving
      the United States and by sending a copy of the summons and of the
      complaint by registered or certified mail to such officer or
      agency.  If the agency is a corporation the copy shall be
      delivered as provided in paragraph (3) of this subdivision of
      this rule.
        (6) Upon a state or municipal corporation or other governmental
      organization thereof subject to suit, by delivering a copy of the
      summons and of the complaint to the chief executive officer
      thereof or by serving the summons and complaint in the manner
      prescribed by the law of that state for the service of summons or
      other like process upon any such defendant.
      (e) Summons: Service Upon Party Not Inhabitant of or Found Within
    State. Whenever a statute of the United States or an order of court
    thereunder provides for service of a summons, or of a notice, or of
    an order in lieu of summons upon a party not an inhabitant of or
    found within the state in which the district court is held, service
    may be made under the circumstances and in the manner prescribed by
    the statute or order, or, if there is no provision therein
    prescribing the manner of service, in a manner stated in this
    rule.  Whenever a statute or rule of court of the state in which
    the district court is held provides (1) for service of a summons,
    or of a notice, or of an order in lieu of summons upon a party not
    an inhabitant of or found within the state, or (2) for service upon
    or notice to such a party to appear and respond or defend in an
    action by reason of the attachment or garnishment or similar
    seizure of the party's property located within the state, service
    may in either case be made under the circumstances and in the
    manner prescribed in the statute or rule.
      (f) (Not applicable.)
      (g) Return. The person serving the process shall make proof of
    service thereof to the court promptly and in any event within the
    time during which the person served must respond to the process.
    If service is made by a person other than a United States marshal
    or deputy United States marshal, such person shall make affidavit
    thereof.  If service is made under subdivision (c)(2)(C)(ii) of
    this rule, return shall be made by the sender's filing with the
    court the acknowledgment received pursuant to such subdivision.
    Failure to make proof of service does not affect the validity of
    the service.
      (h) Amendment. At any time in its discretion and upon such terms
    as it deems just, the court may allow any process or proof of
    service thereof to be amended, unless it clearly appears that
    material prejudice would result to the substantial rights of the
    party against whom the process issued.
      (i) Alternative Provisions for Service in a Foreign Country.
        (1) Manner. When the federal or state law referred to in
      subdivision (e) of this rule authorizes service upon a party not
      an inhabitant of or found within the state in which the district
      court is held, and service is to be effected upon the party in a
      foreign country, it is also sufficient if service of the summons
      and complaint is made: (A) in the manner prescribed by the law of
      the foreign country for service in that country in an action in
      any of its courts of general jurisdiction; or (B) as directed by
      the foreign authority in response to a letter rogatory, when
      service in either case is reasonably calculated to give actual
      notice; or (C) upon an individual, by delivery to the individual
      personally, and upon a corporation or partnership or association,
      by delivery to an officer, a managing or general agent; or (D) by
      any form of mail, requiring a signed receipt, to be addressed and
      dispatched by the clerk of the court to the party to be served;
      or (E) as directed by order of the court.  Service under (C) or
      (E) above may be made by any person who is not a party and is not
      less than 18 years of age or who is designated by order of the
      district court or by the foreign court.  On request, the clerk
      shall deliver the summons to the plaintiff for transmission to
      the person or the foreign court or officer who will make the
      service.
        (2) Return. Proof of service may be made as prescribed by
      subdivision (g) of this rule, or by the law of the foreign
      country, or by order of the court.  When service is made pursuant
      to subparagraph (1)(D) of this subdivision, proof of service
      shall include a receipt signed by the addressee or other evidence
      of delivery to the addressee satisfactory to the court.
      (j) Summons: Time Limit for Service. If a service of the summons
    and complaint is not made upon a defendant within 120 days after
    the filing of the complaint and the party on whose behalf such
    service was required cannot show good cause why such service was
    not made within that period, the action shall be dismissed as to
    that defendant without prejudice upon the court's own initiative
    with notice to such party or upon motion.  This subdivision shall
    not apply to service in a foreign country pursuant to subdivision
    (i) of this rule.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1996 AMENDMENT
      The purpose of these amendments is to conform the rule to the
    1993 revisions of Rule 4 F.R.Civ.P. and to make stylistic
    improvements.  Rule 7004, as amended, continues to provide for
    service by first class mail as an alternative to the methods of
    personal service provided in Rule 4 F.R.Civ.P., except as provided
    in the new subdivision (h).
      Rule 4(d)(2) F.R.Civ.P. provides a procedure by which the
    plaintiff may request by first class mail that the defendant waive
    service of the summons.  This procedure is not applicable in
    adversary proceedings because it is not necessary in view of the
    availability of service by mail pursuant to Rule 7004(b). However,
    if a written waiver of service of a summons is made in an adversary
    proceeding, Rule 4(d)(1) F.R.Civ.P. applies so that the defendant
    does not thereby waive any objection to the venue or the
    jurisdiction of the court over the person of the defendant.
      Subdivisions (b)(4) and (b)(5) are amended to conform to the 1993
    amendments to Rule 4(i)(3) F.R.Civ.P., which protect the plaintiff
    from the hazard of losing a substantive right because of failure to
    comply with the requirements of multiple service when the United
    States or an officer, agency, or corporation of the United States
    is a defendant.  These subdivisions also are amended to require
    that the summons and complaint be addressed to the civil process
    clerk at the office of the United States attorney.
      Subdivision (e), which has governed service in a foreign country,
    is abrogated and Rule 4(f) and (h)(2) F.R.Civ.P., as substantially
    revised in 1993, are made applicable in adversary proceedings.
      The new subdivision (f) is consistent with the 1993 amendments to
    F.R.Civ.P. 4(k)(2). It clarifies that service or filing a waiver of
    service in accordance with this rule or the applicable subdivisions
    of F.R.Civ.P. 4 is sufficient to establish personal jurisdiction
    over the defendant.  See the committee note to the 1993 amendments
    to Rule 4 F.R.Civ.P.
      Subdivision (g) is abrogated.  This subdivision was promulgated
    in 1991 so that anticipated revisions to Rule 4 F.R.Civ.P. would
    not affect service of process in adversary proceedings until
    further amendment to Rule 7004.
      Subdivision (h) and the first phrase of subdivision (b) were
    added by Sec. 114 of the Bankruptcy Reform Act of 1994, Pub. L. No.
    103-394, 108 Stat. 4106.
      GAP Report on Rule 7004. After publication of the proposed
    amendments, Rule 7004(b) was amended and Rule 7004(h) was added by
    the Bankruptcy Reform Act of 1994 to provide for service by
    certified mail on an insured depository institution.  The above
    draft includes those statutory amendments (without underlining new
    language or striking former language).  No other changes have been
    made since publication, except for stylistic changes.
                 COMMITTEE NOTES ON RULES - 1999 AMENDMENT
      Subdivision (e) is amended so that the ten-day time limit for
    service of a summons does not apply if the summons is served in a
    foreign country.
      GAP Report on Rule 7004. No changes since publication.
 
-REFTEXT-
                             REFERENCES IN TEXT
      Section 3 of the Federal Deposit Insurance Act, referred to in
    subd. (h), is classified to section 1813 of Title 12, Banks and
    Banking.
 
-MISC2-
                               1994 AMENDMENT
      Subd. (b). Pub. L. 103-394, Sec. 114(1), substituted ''Except as
    provided in subdivision (h), in addition'' for ''In addition''.
      Subd. (h). Pub. L. 103-394, Sec. 114(2), added subd. (h).
                      EFFECTIVE DATE OF 1994 AMENDMENT
      Amendment by Pub. L. 103-394 effective Oct. 22, 1994, and not
    applicable with respect to cases commenced under this title before
    Oct. 22, 1994, see section 702 of Pub. L. 103-394, set out as a
    note under section 101 of this title.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 7005                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VII - ADVERSARY PROCEEDINGS
 
-HEAD-
    Rule 7005. Service and Filing of Pleadings and Other Papers
 
-STATUTE-
      Rule 5 F.R.Civ.P. applies in adversary proceedings.
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      Rule 5 F.R.Civ.P. refers to Rule 4 F.R.Civ.P. Pursuant to Rule
    7002 this reference is to Rule 4 F.R.Civ.P. as incorporated and
    modified by Rule 7004.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 7007                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VII - ADVERSARY PROCEEDINGS
 
-HEAD-
    Rule 7007. Pleadings Allowed
 
-STATUTE-
      Rule 7 F.R.Civ.P. applies in adversary proceedings.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 7008                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VII - ADVERSARY PROCEEDINGS
 
-HEAD-
    Rule 7008. General Rules of Pleading
 
-STATUTE-
    (a) Applicability of Rule 8 F.R.Civ.P.
      Rule 8 F.R.Civ.P. applies in adversary proceedings.  The
    allegation of jurisdiction required by Rule 8(a) shall also contain
    a reference to the name, number, and chapter of the case under the
    Code to which the adversary proceeding relates and to the district
    and division where the case under the Code is pending.  In an
    adversary proceeding before a bankruptcy judge, the complaint,
    counterclaim, cross-claim, or third-party complaint shall contain a
    statement that the proceeding is core or non-core and, if non-core,
    that the pleader does or does not consent to entry of final orders
    or judgment by the bankruptcy judge.
    (b) Attorney's Fees
      A request for an award of attorney's fees shall be pleaded as a
    claim in a complaint, cross-claim, third-party complaint, answer,
    or reply as may be appropriate.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987.)
 
-MISC1-
           NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT
      Proceedings before a bankruptcy judge are either core or
    non-core. 28 U.S.C. Sec. 157. A bankruptcy judge may enter a final
    order or judgment in a core proceeding.  In a non-core proceeding,
    absent consent of the parties, the bankruptcy judge may not enter a
    final order or judgment but may only submit proposed findings of
    fact and conclusions of law to the district judge who will enter
    the final order or judgment. 28 U.S.C. Sec. 157(c)(1). The
    amendment to subdivision (a) of this rule requires an allegation as
    to whether a proceeding is core or non-core.  A party who alleges
    that the proceeding is non-core shall state whether the party does
    or does not consent to the entry of a final order or judgment by
    the bankruptcy judge.  Failure to include the statement of consent
    does not constitute consent.  Only express consent in the pleadings
    or otherwise is effective to authorize entry of a final order or
    judgment by the bankruptcy judge in a non-core proceeding.
    Amendments to Rule 7012 require that the defendant admit or deny
    the allegation as to whether the proceeding is core or non-core.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 7009                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VII - ADVERSARY PROCEEDINGS
 
-HEAD-
    Rule 7009. Pleading Special Matters
 
-STATUTE-
      Rule 9 F.R.Civ.P. applies in adversary proceedings.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 7010                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VII - ADVERSARY PROCEEDINGS
 
-HEAD-
    Rule 7010. Form of Pleadings
 
-STATUTE-
      Rule 10 F.R.Civ.P. applies in adversary proceedings, except that
    the caption of each pleading in such a proceeding shall conform
    substantially to the appropriate Official Form.
 
-SOURCE-
    (As amended Apr. 30, 1991, eff.  Aug. 1, 1991.)
 
-MISC1-
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      Reference to the Official Form number is deleted in anticipation
    of future revision and renumbering of the Official Forms.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 7012                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VII - ADVERSARY PROCEEDINGS
 
-HEAD-
    Rule 7012. Defenses and Objections - When and How Presented - By
        Pleading or Motion - Motion for Judgment on the Pleadings
 
-STATUTE-
    (a) When Presented
      If a complaint is duly served, the defendant shall serve an
    answer within 30 days after the issuance of the summons, except
    when a different time is prescribed by the court.  The court shall
    prescribe the time for service of the answer when service of a
    complaint is made by publication or upon a party in a foreign
    country.  A party served with a pleading stating a cross-claim
    shall serve an answer thereto within 20 days after service.  The
    plaintiff shall serve a reply to a counterclaim in the answer
    within 20 days after service of the answer or, if a reply is
    ordered by the court, within 20 days after service of the order,
    unless the order otherwise directs.  The United States or an
    officer or agency thereof shall serve an answer to a complaint
    within 35 days after the issuance of the summons, and shall serve
    an answer to a cross-claim, or a reply to a counterclaim, within 35
    days after service upon the United States attorney of the pleading
    in which the claim is asserted.  The service of a motion permitted
    under this rule alters these periods of time as follows, unless a
    different time is fixed by order of the court: (1) if the court
    denies the motion or postpones its disposition until the trial on
    the merits, the responsive pleading shall be served within 10 days
    after notice of the court's action; (2) if the court grants a
    motion for a more definite statement, the responsive pleading shall
    be served within 10 days after the service of a more definite
    statement.
    (b) Applicability of Rule 12(b)-(h) F.R.Civ.P.
      Rule 12(b)-(h) F.R.Civ.P. applies in adversary proceedings.  A
    responsive pleading shall admit or deny an allegation that the
    proceeding is core or non-core.  If the response is that the
    proceeding in non-core, it shall include a statement that the party
    does or does not consent to entry of final orders or judgment by
    the bankruptcy judge.  In non-core proceedings final orders and
    judgments shall not be entered on the bankruptcy judge's order
    except with the express consent of the parties.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      Subdivision (a) continues the practice of former Bankruptcy Rule
    712(a) by requiring that the answer to a complaint be filed within
    30 days after the issuance of the summons.  Under Rule 7004(f), the
    summons must be served within 10 days of issuance.  The other
    pleading periods in adversary proceedings are the same as those in
    civil actions before the district courts, except that the United
    States is allowed 35 rather than 60 days to respond.
      Rule 12(b)(7) and (h)(2) F.R.Civ.P. refers to Rule 19 F.R.Civ.P.
    Pursuant to Rule 7002 these references are to Rule 19 F.R.Civ.P. as
    incorporated and modified by Rule 7019.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT
      The amendment to subdivision (b) requires a response to the
    allegation that the proceeding is core or non-core.  A final order
    of judgment may not be entered in a non-core proceeding heard by a
    bankruptcy judge unless all parties expressly consent. 28 U.S.C.
    Sec. 157(c).
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 7013                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VII - ADVERSARY PROCEEDINGS
 
-HEAD-
    Rule 7013. Counterclaim and Cross-Claim
 
-STATUTE-
      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.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      Rule 13(h) F.R.Civ.P. refers to Rule 19 F.R.Civ.P. Pursuant to
    Rule 7002 this reference is to Rule 19 F.R.Civ.P. as incorporated
    and modified by Rule 7019.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 7014                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VII - ADVERSARY PROCEEDINGS
 
-HEAD-
    Rule 7014. Third-Party Practice
 
-STATUTE-
      Rule 14 F.R.Civ.P. applies in adversary proceedings.
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      This rule does not purport to deal with questions of
    jurisdiction.  The scope of the jurisdictional grant under 28
    U.S.C. Sec. 1471 and whether the doctrines of pendent or ancillary
    jurisdiction are applicable to adversary proceedings will be
    determined by the courts.
      Rule 14 F.R.Civ.P. refers to Rules 12 and 13 F.R.Civ.P. Pursuant
    to Rule 7002 those references are to Rules 12 and 13 as
    incorporated and modified by Rules 7012 and 7013.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 7015                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VII - ADVERSARY PROCEEDINGS
 
-HEAD-
    Rule 7015. Amended and Supplemental Pleadings
 
-STATUTE-
      Rule 15 F.R.Civ.P. applies in adversary proceedings.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 7016                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VII - ADVERSARY PROCEEDINGS
 
-HEAD-
    Rule 7016. Pre-Trial Procedure; Formulating Issues
 
-STATUTE-
      Rule 16 F.R.Civ.P. applies in adversary proceedings.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 7017                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VII - ADVERSARY PROCEEDINGS
 
-HEAD-
    Rule 7017. Parties Plaintiff and Defendant; Capacity
	 
-STATUTE-
      Rule 17 F.R.Civ.P. applies in adversary proceedings, except as
    provided in Rule 2010(b).
 
-SOURCE-
    (As amended Apr. 30, 1991, eff.  Aug. 1, 1991.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      Rules 2010(d) and 5008(d), which implement Sec. 322 and 345 of
    the Code, authorize a party in interest to prosecute a claim on the
    bond of a trustee or depository in the name of the United States.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      Reference to Rule 5008(d) is deleted because of the abrogation of
    Rule 5008.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 7018                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VII - ADVERSARY PROCEEDINGS
 
-HEAD-
    Rule 7018. Joinder of Claims and Remedies
 
-STATUTE-
      Rule 18 F.R.Civ.P. applies in adversary proceedings.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 7019                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VII - ADVERSARY PROCEEDINGS
 
-HEAD-
    Rule 7019. Joinder of Persons Needed for Just Determination
 
-STATUTE-
      Rule 19 F.R.Civ.P. applies in adversary proceedings, except that
    (1) if an entity joined as a party raises the defense that the
    court lacks jurisdiction over the subject matter and the defense is
    sustained, the court shall dismiss such entity from the adversary
    proceedings and (2) if an entity joined as a party properly and
    timely raises the defense of improper venue, the court shall
    determine, as provided in 28 U.S.C. Sec. 1412, whether that part of
    the proceeding involving the joined party shall be transferred to
    another district, or whether the entire adversary proceeding shall
    be transferred to another district.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      This rule addresses a situation different from that encountered
    by the district court when its jurisdiction is based on diversity
    of citizenship under 28 U.S.C. Sec. 1332. Joining of a party whose
    citizenship is the same as that of an adversary destroys the
    district court's jurisdiction over the entire civil action but
    under 28 U.S.C. Sec. 1471 the attempted joinder of such a person
    would not affect the bankruptcy court's jurisdiction over the
    original adversary proceeding.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT
      The rule is amended to delete the reference to retention of the
    adversary proceeding if venue is improper.  See 28 U.S.C. Sec.
    1412.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 7020                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VII - ADVERSARY PROCEEDINGS
 
-HEAD-
    Rule 7020. Permissive Joinder of Parties
 
-STATUTE-
      Rule 20 F.R.Civ.P. applies in adversary proceedings.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 7021                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VII - ADVERSARY PROCEEDINGS
 
-HEAD-
    Rule 7021. Misjoinder and Non-Joinder of Parties
 
-STATUTE-
      Rule 21 F.R.Civ.P. applies in adversary proceedings.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 7022                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VII - ADVERSARY PROCEEDINGS
 
-HEAD-
    Rule 7022. Interpleader
 
-STATUTE-
      Rule 22(1) F.R.Civ.P. applies in adversary proceedings.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 7023                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VII - ADVERSARY PROCEEDINGS
 
-HEAD-
    Rule 7023. Class Proceedings
 
-STATUTE-
      Rule 23 F.R.Civ.P. applies in adversary proceedings.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 7023.1               01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VII - ADVERSARY PROCEEDINGS
 
-HEAD-
    Rule 7023.1. Derivative Proceedings by Shareholders
 
-STATUTE-
      Rule 23.1 F.R.Civ.P. applies in adversary proceedings.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES 7023.2                    01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VII - ADVERSARY PROCEEDINGS
 
-HEAD-
    7023.2. Adversary Proceedings Relating to Unincorporated
        Associations
 
-STATUTE-
      Rule 23.2 F.R.Civ.P. applies in adversary proceedings.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 7024                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VII - ADVERSARY PROCEEDINGS
 
-HEAD-
    Rule 7024. Intervention
 
-STATUTE-
      Rule 24 F.R.Civ.P. applies in adversary proceedings.
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      A person may seek to intervene in the case under the Code or in
    an adversary proceeding relating to the case under the Code.
    Intervention in a case under the Code is governed by Rule 2018 and
    intervention in an adversary proceeding is governed by this rule.
    Intervention in a case and intervention in an adversary proceeding
    must be sought separately.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 7025                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VII - ADVERSARY PROCEEDINGS
 
-HEAD-
    Rule 7025. Substitution of Parties
 
-STATUTE-
      Subject to the provisions of Rule 2012, Rule 25 F.R.Civ.P.
    applies in adversary proceedings.
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      Rule 25 F.R.Civ.P. refers to Rule 4 F.R.Civ.P. Pursuant to Rule
    7002 that reference is to Rule 4 as incorporated and modified by
    Rule 7004.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 7026                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VII - ADVERSARY PROCEEDINGS
 
-HEAD-
    Rule 7026. General Provisions Governing Discovery
 
-STATUTE-
      Rule 26 F.R.Civ.P. applies in adversary proceedings.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 7027                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VII - ADVERSARY PROCEEDINGS
 
-HEAD-
    Rule 7027. Depositions Before Adversary Proceedings or Pending
        Appeal
 
-STATUTE-
      Rule 27 F.R.Civ.P. applies to adversary proceedings.
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      Rule 27(a)(2) F.R.Civ.P. refers to Rule 4 F.R.Civ.P. Pursuant to
    Rule 7002 the reference is to Rule 4 F.R.Civ.P. as incorporated and
    modified by Rule 7004.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 7028                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VII - ADVERSARY PROCEEDINGS
 
-HEAD-
    Rule 7028. Persons Before Whom Depositions May Be Taken
 
-STATUTE-
      Rule 28 F.R.Civ.P. applies in adversary proceedings.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 7029                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VII - ADVERSARY PROCEEDINGS
 
-HEAD-
    Rule 7029. Stipulations Regarding Discovery Procedure
 
-STATUTE-
      Rule 29 F.R.Civ.P. applies in adversary proceedings.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 7030                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VII - ADVERSARY PROCEEDINGS
 
-HEAD-
    Rule 7030. Depositions Upon Oral Examination
 
-STATUTE-
      Rule 30 F.R.Civ.P. applies in adversary proceedings.
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      Rule 30 F.R.Civ.P. refers to Rule 4 F.R.Civ.P. Pursuant to Rule
    7002 that reference is a reference to Rule 4 F.R.Civ.P. as
    incorporated and modified by Rule 7004.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 7031                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VII - ADVERSARY PROCEEDINGS
 
-HEAD-
    Rule 7031. Deposition Upon Written Questions
 
-STATUTE-
      Rule 31 F.R.Civ.P. applies in adversary proceedings.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 7032                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VII - ADVERSARY PROCEEDINGS
 
-HEAD-
    Rule 7032. Use of Depositions in Adversary Proceedings
 
-STATUTE-
      Rule 32 F.R.Civ.P. applies in adversary proceedings.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 7033                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VII - ADVERSARY PROCEEDINGS
 
-HEAD-
    Rule 7033. Interrogatories to Parties
 
-STATUTE-
      Rule 33 F.R.Civ.P. applies in adversary proceedings.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 7034                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VII - ADVERSARY PROCEEDINGS
 
-HEAD-
    Rule 7034. Production of Documents and Things and Entry Upon Land
        for Inspection and Other Purposes
 
-STATUTE-
      Rule 34 F.R.Civ.P. applies in adversary proceedings.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 7035                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VII - ADVERSARY PROCEEDINGS
 
-HEAD-
    Rule 7035. Physical and Mental Examination of Persons
 
-STATUTE-
      Rule 35 F.R.Civ.P. applies in adversary proceedings.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 7036                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VII - ADVERSARY PROCEEDINGS
 
-HEAD-
    Rule 7036. Requests for Admission
 
-STATUTE-
      Rule 36 F.R.Civ.P. applies in adversary proceedings.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 7037                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VII - ADVERSARY PROCEEDINGS
 
-HEAD-
    Rule 7037. Failure to Make Discovery: Sanctions
 
-STATUTE-
      Rule 37 F.R.Civ.P. applies in adversary proceedings.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 7040                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VII - ADVERSARY PROCEEDINGS
 
-HEAD-
    Rule 7040. Assignment of Cases for Trial
 
-STATUTE-
      Rule 40 F.R.Civ.P. applies in adversary proceedings.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 7041                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VII - ADVERSARY PROCEEDINGS
 
-HEAD-
    Rule 7041. Dismissal of Adversary Proceedings
 
-STATUTE-
      Rule 41 F.R.Civ.P. applies in adversary proceedings, except that
    a complaint objecting to the debtor's discharge shall not be
    dismissed at the plaintiff's instance without notice to the
    trustee, the United States trustee, and such other persons as the
    court may direct, and only on order of the court containing terms
    and conditions which the court deems proper.
 
-SOURCE-
    (As amended Apr. 30, 1991, eff.  Aug. 1, 1991.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      Dismissal of a complaint objecting to a discharge raises special
    concerns because the plaintiff may have been induced to dismiss by
    an advantage given or promised by the debtor or someone acting in
    his interest.  Some courts by local rule or order have required the
    debtor and his attorney or the plaintiff to file an affidavit that
    nothing has been promised to the plaintiff in consideration of the
    withdrawal of the objection.  By specifically authorizing the court
    to impose conditions in the order of dismissal this rule permits
    the continuation of this salutary practice.
      Rule 41 F.R.Civ.P. refers to Rule 19 F.R.Civ.P. Pursuant to Rule
    7002 that reference is to Rule 19 F.R.Civ.P. as incorporated and
    modified by Rule 7019.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      The United States trustee has standing to object to the debtor's
    discharge pursuant to Sec. 727(c) and may have refrained from
    commencing an adversary proceeding objecting to discharge within
    the time limits provided in Rule 4004 only because another party
    commenced such a proceeding.  The United States trustee may oppose
    dismissal of the original proceeding.
      The rule is also amended to clarify that the court may direct
    that other persons receive notice of a plaintiff's motion to
    dismiss a complaint objecting to discharge.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 7042                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VII - ADVERSARY PROCEEDINGS
 
-HEAD-
    Rule 7042. Consolidation of Adversary Proceedings; Separate Trials
 
-STATUTE-
      Rule 42 F.R.Civ.P. applies in adversary proceedings.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 7052                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VII - ADVERSARY PROCEEDINGS
 
-HEAD-
    Rule 7052. Findings by the Court
 
-STATUTE-
      Rule 52 F.R.Civ.P. applies in adversary proceedings.
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      Rule 52(a) F.R.Civ.P. refers to Rule 12 F.R.Civ.P. Pursuant to
    Rule 7002 this reference is to Rule 12 F.R.Civ.P. as incorporated
    and modified by Rule 7012.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 7054                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VII - ADVERSARY PROCEEDINGS
 
-HEAD-
    Rule 7054. Judgments; Costs
 
-STATUTE-
    (a) Judgments
      Rule 54(a)-(c) F.R.Civ.P. applies in adversary proceedings.
    (b) Costs
      The court may allow costs to the prevailing party except when a
    statute of the United States or these rules otherwise provides.
    Costs against the United States, its officers and agencies shall be
    imposed only to the extent permitted by law.  Costs may be taxed by
    the clerk on one day's notice; on motion served within five days
    thereafter, the action of the clerk may be reviewed by the court.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 7055                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VII - ADVERSARY PROCEEDINGS
 
-HEAD-
    Rule 7055. Default
 
-STATUTE-
      Rule 55 F.R.Civ.P. applies in adversary proceedings.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 7056                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VII - ADVERSARY PROCEEDINGS
 
-HEAD-
    Rule 7056. Summary Judgment
 
-STATUTE-
      Rule 56 F.R.Civ.P. applies in adversary proceedings.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 7062                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VII - ADVERSARY PROCEEDINGS
 
-HEAD-
    Rule 7062. Stay of Proceedings to Enforce a Judgment
 
-STATUTE-
      Rule 62Rule 9014 that renders this
    rule inapplicable in contested matters unless the court orders
    otherwise.  See also the amendments to Rules 3020, 3021, 4001,
    6004, and 6006 that delay the implementation of certain types of
    orders for a period of ten days unless the court otherwise directs.
      GAP Report on Rule 7062. No changes since publication.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 7064                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VII - ADVERSARY PROCEEDINGS
 
-HEAD-
    Rule 7064. Seizure of Person or Property
 
-STATUTE-
      Rule 62 F.R.Civ.P. applies in adversary proceedings.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 7065                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VII - ADVERSARY PROCEEDINGS
 
-HEAD-
    Rule 7065. Injunctions
 
-STATUTE-
      Rule 65 F.R.Civ.P. applies in adversary proceedings, except that
    a temporary restraining order or preliminary injunction may be
    issued on application of a debtor, trustee, or debtor in possession
    without compliance with Rule 65(c).
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 7067                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VII - ADVERSARY PROCEEDINGS
 
-HEAD-
    Rule 7067. Deposit in Court
 
-STATUTE-
      Rule 67
    11 USC APPENDIX - BANKRUPTCY RULES Rule 7068                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VII - ADVERSARY PROCEEDINGS
 
-HEAD-
    Rule 7068. Offer of Judgment
 
-STATUTE-
      Rule 68 F.R.Civ.P. applies in adversary proceedings.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 7069                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VII - ADVERSARY PROCEEDINGS
 
-HEAD-
    Rule 7069. Execution
 
-STATUTE-
      Rule 69 F.R.Civ.P. applies in adversary proceedings.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 7070                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VII - ADVERSARY PROCEEDINGS
 
-HEAD-
    Rule 7070. Judgment for Specific Acts; Vesting Title
 
-STATUTE-
      Rule 70 F.R.Civ.P. applies in adversary proceedings and the court
    may enter a judgment divesting the title of any party and vesting
    title in others whenever the real or personal property involved is
    within the jurisdiction of the court.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987.)
 
-MISC1-
           NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT
      The reference to court is used in the amendment because the
    district court may preside over an adversary proceeding.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 7071                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VII - ADVERSARY PROCEEDINGS
 
-HEAD-
    Rule 7071. Process in Behalf of and Against Persons Not Parties
 
-STATUTE-
      Rule 71 F.R.Civ.P. applies in adversary proceedings.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 7087                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VII - ADVERSARY PROCEEDINGS
 
-HEAD-
    Rule 7087. Transfer of Adversary Proceeding
 
-STATUTE-
      On motion and after a hearing, the court may transfer an
    adversary proceeding or any part thereof to another district
    pursuant to 28 U.S.C. Sec. 1412, except as provided in Rule
    7019(2).
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987.)
 
-MISC1-
           NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT
      The reference to the venue section of title 28 is amended to
    conform to the 1984 amendments to title 28.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES PART VIII - APPEALS TO
                  DISTRICT COURT OR BANKRUPTCY APPELLATE
                  PANEL                                          01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VIII - APPEALS TO DISTRICT COURT OR BANKRUPTCY APPELLATE PANEL
    .
 
-HEAD-
    PART VIII - APPEALS TO DISTRICT COURT OR BANKRUPTCY APPELLATE PANEL
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 8001                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VIII - APPEALS TO DISTRICT COURT OR BANKRUPTCY APPELLATE PANEL
 
-HEAD-
    Rule 8001. Manner of Taking Appeal; Voluntary Dismissal
 
-STATUTE-
    (a) Appeal as of Right; How Taken
      An appeal from a judgment, order, or decree of a bankruptcy judge
    to a district court or bankruptcy appellate panel as permitted by
    28 U.S.C. Sec. 158(a)(1) or (a)(2) shall be taken by filing a
    notice of appeal with the clerk within the time allowed by Rule
    8002. An appellant's failure to take any step other than timely
    filing a notice of appeal does not affect the validity of the
    appeal, but is ground only for such action as the district court or
    bankruptcy appellate panel deems appropriate, which may include
    dismissal of the appeal.  The notice of appeal shall (1) conform
    substantially to the appropriate Official Form, (2) contain the
    names of all parties to the judgment, order, or decree appealed
    from and the names, addresses, and telephone numbers of their
    respective attorneys, and (3) be accompanied by the prescribed
    fee.  Each appellant shall file a sufficient number of copies of
    the notice of appeal to enable the clerk to comply promptly with
    Rule 8004.
    (b) Appeal by Leave; How Taken
      An appeal from an interlocutory judgment, order, or decree of a
    bankruptcy judge as permitted by 28 U.S.C. Sec. 158(a)(3) shall be
    taken by filing a notice of appeal, as prescribed in subdivision
    (a) of this rule, accompanied by a motion for leave to appeal
    prepared in accordance with Rule 8003 and with proof of service in
    accordance with Rule 8008.
    (c) Voluntary Dismissal
      (1) Before Docketing. If an appeal has not been docketed, the
    appeal may be dismissed by the bankruptcy judge on the filing of a
    stipulation for dismissal signed by all the parties, or on motion
    and notice by the appellant.
      (2) After Docketing. If an appeal has been docketed and the
    parties to the appeal sign and file with the clerk of the district
    court or the clerk of the bankruptcy appellate panel an agreement
    that the appeal be dismissed and pay any court costs or fees that
    may be due, the clerk of the district court or the clerk of the
    bankruptcy appellate panel shall enter an order dismissing the
    appeal.  An appeal may also be dismissed on motion of the appellant
    on terms and conditions fixed by the district court or bankruptcy
    appellate panel.
    ((d) Effect of Taking a Direct Appeal to the Court of Appeals)
        (Abrogated Mar. 30, 1987, eff.  Aug. 1, 1987)
    (e) Election To Have Appeal Heard by District Court Instead of
        Bankruptcy Appellate Panel
      An election to have an appeal heard by the district court under
    28 U.S.C. Sec. 158(c)(1) may be made only by a statement of
    election contained in a separate writing filed within the time
    prescribed by 28 U.S.C. Sec. 158(c)(1).
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987; Apr. 30, 1991, eff.
    Aug. 1, 1991; Apr. 11, 1997, eff.  Dec. 1, 1997.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      These rules in Part VIII apply only to appeals to the district
    courts or bankruptcy appellate panels.  Subsequent appeals to the
    courts of appeals, or direct appeals by agreement of the parties
    under 28 U.S.C. Sec. 1293(b), are governed by the Federal Rules of
    Appellate Procedure.
      Subdivisions (a) and (b) require that a notice of appeal be filed
    whenever a litigant seeks to secure appellate review by the
    district court or bankruptcy appellate panel.  An appeal from an
    interlocutory order which will be heard only if leave is granted
    under 28 U.S.C. Sec. 1334(b) or 1482(b) is taken by filing a notice
    of appeal accompanied by a motion for leave to appeal which
    complies with the requirements set forth in Rule 8003. Rule 8003
    also governs other aspects of interlocutory appeals.
      Subdivision (c) is an adaptation of Rule 42 F.R.App.P.
      Subdivision (d) deals with the situation in which an appellant
    perfects an appeal to the district court or a bankruptcy appellate
    panel and also a direct appeal pursuant to 28 U.S.C. Sec. 1293(b)
    to the court of appeals.  This subdivision provides that once the
    appeal to the court of appeals is taken, a notice of appeal to the
    district court or bankruptcy appellate panel shall be dismissed
    and, if the first appeal is to the district court or bankruptcy
    appellate panel, the first appeal shall be dismissed.  Paragraph
    (3) gives an appellant or cross appellant an opportunity to file an
    appeal to the district court or bankruptcy appellate panel if the
    court of appeals dismisses the direct appeal because the judgment,
    order, or decree appealed from is not final.  Since the court of
    appeals has determined the judgment, order, or decree is not final,
    the new appeal is an appeal for which leave is necessary.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT
      Subdivisions (a) and (b) are amended to conform to the 1984
    amendments.
      Subdivision (d) is abrogated because there is no direct appeal to
    the court of appeals under 28 U.S.C. Sec. 158, as enacted by the
    1984 amendments.
      Subdivision (e) is new.  Section 158(b)(1) of title 28 authorizes
    the circuit councils to establish bankruptcy appellate panels.
    Appeals may not be heard by these panels unless the district court
    authorizes the referral and all parties to the appeal consent.
    This rule requires that the parties consent to such an appeal;
    however, the method of consenting to an appeal may be the subject
    of a rule promulgated by a circuit council under Rule 8018.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      Reference to the Official Form number is deleted in anticipation
    of future revision and renumbering of the Official Forms.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1997 AMENDMENT
      This rule is amended to conform to the Bankruptcy Reform Act of
    1994 which amended 28 U.S.C. Sec. 158. As amended, a party may -
    without obtaining leave of the court - appeal from an interlocutory
    order or decree of the bankruptcy court issued under Sec. 1121(d)
    of the Code increasing or reducing the time periods referred to in
    Sec. 1121.
      Subdivision (e) is amended to provide the procedure for electing
    under 28 U.S.C. Sec. 158(c)(1) to have an appeal heard by the
    district court instead of the bankruptcy appellate panel service.
    This subdivision is applicable only if a bankruptcy appellate panel
    service is authorized under 28 U.S.C. Sec. 158(b) to hear the
    appeal.
      GAP Report on Rule 8001. The heading of subdivision (e) is
    amended to clarify that it applies to the election to have an
    appeal heard by the district court instead of the BAP. The final
    paragraph of the Committee Note is revised to clarify that
    subdivision (e) is applicable only if a BAP is authorized to hear
    the appeal.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 8002                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VIII - APPEALS TO DISTRICT COURT OR BANKRUPTCY APPELLATE PANEL
 
-HEAD-
    Rule 8002. Time for Filing Notice of Appeal
 
-STATUTE-
    (a) Ten-Day Period
      The notice of appeal shall be filed with the clerk within 10 days
    of the date of the entry of the judgment, order, or decree appealed
    from.  If a timely notice of appeal is filed by a party, any other
    party may file a notice of appeal within 10 days of the date on
    which the first notice of appeal was filed, or within the time
    otherwise prescribed by this rule, whichever period last expires.
    A notice of appeal filed after the announcement of a decision or
    order but before entry of the judgment, order, or decree shall be
    treated as filed after such entry and on the day thereof.  If a
    notice of appeal is mistakenly filed with the district court or the
    bankruptcy appellate panel, the clerk of the district court or the
    clerk of the bankruptcy appellate panel shall note thereon the date
    on which it was received and transmit it to the clerk and it shall
    be deemed filed with the clerk on the date so noted.
    (b) Effect of Motion on Time for Appeal
      If any party makes a timely motion of a type specified
    immediately below, the time for appeal for all parties runs from
    the entry of the order disposing of the last such motion
    outstanding.  This provision applies to a timely motion:
        (1) to amend or make additional findings of fact under Rule
      7052, whether or not granting the motion would alter the
      judgment;
        (2) to alter or amend the judgment under Rule 9023;
        (3) for a new trial under Rule 9023; or
        (4) for relief under Rule 9024 if the motion is filed no later
      than 10 days after the entry of judgment.  A notice of appeal
      filed after announcement or entry of the judgment, order, or
      decree but before disposition of any of the above motions is
      ineffective to appeal from the judgment, order, or decree, or
      part thereof, specified in the notice of appeal, until the entry
      of the order disposing of the last such motion outstanding.
      Appellate review of an order disposing of any of the above
      motions requires the party, in compliance with Rule 8001, to
      amend a previously filed notice of appeal.  A party intending to
      challenge an alteration or amendment of the judgment, order, or
      decree shall file a notice, or an amended notice, of appeal
      within the time prescribed by this Rule 8002 measured from the
      entry of the order disposing of the last such motion
      outstanding.  No additional fees will be required for filing an
      amended notice.
    (c) Extension of Time for Appeal
      (1) The bankruptcy judge may extend the time for filing the
    notice of appeal by any party, unless the judgment, order, or
    decree appealed from:
        (A) grants relief from an automatic stay under Sec. 362, Sec.
      922, Sec. 1201, or Sec. 1301;
        (B) authorizes the sale or lease of property or the use of cash
      collateral under Sec. 363;
        (C) authorizes the obtaining of credit under Sec. 364;
        (D) authorizes the assumption or assignment of an executory
      contract or unexpired lease under Sec. 365;
        (E) approves a disclosure statement under Sec. 1125; or
        (F) confirms a plan under Sec. 943, Sec. 1129, Sec. 1225, or
      Sec. 1325 of the Code.
      (2) A request to extend the time for filing a notice of appeal
    must be made by written motion filed before the time for filing a
    notice of appeal has expired, except that such a motion filed not
    later than 20 days after the expiration of the time for filing a
    notice of appeal may be granted upon a showing of excusable
    neglect.  An extension of time for filing a notice of appeal may
    not exceed 20 days from the expiration of the time for filing a
    notice of appeal otherwise prescribed by this rule or 10 days from
    the date of entry of the order granting the motion, whichever is
    later.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987; Apr. 30, 1991, eff.
    Aug. 1, 1991; Apr. 29, 1994, eff.  Aug. 1, 1994; Apr. 11, 1997,
    eff.  Dec. 1, 1997.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      This rule is an adaptation of Rule 4(a) F.R.App.P. The time to
    appeal from a judgment, order, or decree of a bankruptcy judge is
    10 days, rather than the 30 days provided for in the civil
    practice.  The shortened time is specified in order to obtain
    prompt appellate review, often important to the administration of a
    case under the Code. If a timely notice of appeal is filed, other
    parties have an additional 10 days within which to file a notice of
    appeal.  A notice of appeal filed within the additional 10 day
    period by an appellee is a cross appeal, but there is a separate
    appeal if a non-appellee files a notice of appeal within that 10
    day period.  The district courts and bankruptcy appellate panels
    have inherent authority to consolidate appeals.
      Subdivision (b) is essentially the same as Rule 4(a)(4) of the
    F.R.App.P.
      Subdivision (c) is similar to former Bankruptcy Rule 802(c). To
    expedite the disposition of appeals the maximum extension of time
    is 20 days instead of the 30 days provided by Rule 4(a)(5) of the
    F.R.App.P. Subject to the exceptions set forth in subdivision (c),
    the court may extend the time for taking an appeal when a motion
    for extension is filed after the expiration of the original 10 day
    period but no later than 20 days after the expiration of the
    original 10 day period.  Orders of the bankruptcy court relating to
    the sale of property, extension of credit, confirmation of a plan,
    dismissal or conversion of the case, and approval of the disclosure
    statement are of such significance to the administration of the
    case, the parties in interest, and third parties that this
    subdivision requires that either an appeal or a motion for
    extension be filed within the original 10 day period.
      If a timely notice of appeal is not filed, no appeal may be taken
    later.  Former Bankruptcy Rule 803, which provided that a referee's
    judgment became final when the appeal period expired, has been
    omitted as unnecessary.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      Subdivision (a) is amended to conform to F.R.App.P. 4(a)(2) which
    is designed to avoid the loss of the right to appeal when a notice
    of appeal is filed prematurely.
      Subdivision (b)(1) is deleted because Rule 9015 was abrogated in
    1987.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1994 AMENDMENT
      These amendments are intended to conform to the 1993 amendments
    to F.R.App.P. 4(a)(4) and 6(b)(2)(i).
      This rule as amended provides that a notice of appeal filed
    before the disposition of a specified postjudgment motion will
    become effective upon disposition of the motion.  A notice filed
    before the filing of one of the specified motions or after the
    filing of a motion but before disposition of the motion is, in
    effect, suspended until the motion is disposed of, whereupon, the
    previously filed notice effectively places jurisdiction in the
    district court or bankruptcy appellate panel.
      Because a notice of appeal will ripen into an effective appeal
    upon disposition of a postjudgment motion, in some instances there
    will be an appeal from a judgment that has been altered
    substantially because the motion was granted in whole or in part.
    The appeal may be dismissed for want of prosecution when the
    appellant fails to meet the briefing schedule.  But, the appellee
    may also move to strike the appeal.  When responding to such a
    motion, the appellant would have an opportunity to state that, even
    though some relief sought in a postjudgment motion was granted, the
    appellant still plans to pursue the appeal.  Because the
    appellant's response would provide the appellee with sufficient
    notice of the appellant's intentions, the rule does not require an
    additional notice of appeal in that situation.
      The amendment provides that a notice of appeal filed before the
    disposition of a postjudgment tolling motion is sufficient to bring
    the judgment, order, or decree specified in the original notice of
    appeal to the district court or bankruptcy appellate panel.  If the
    judgment is altered upon disposition of a postjudgment motion,
    however, and if a party who has previously filed a notice of appeal
    wishes to appeal from the disposition of the motion, the party must
    amend the notice to so indicate.  When a party files an amended
    notice, no additional fees are required because the notice is an
    amendment of the original and not a new notice of appeal.
      Subdivision (b) is also amended to include, among motions that
    extend the time for filing a notice of appeal, a motion under Rule
    9024 that is filed within 10 days after entry of judgment.  The
    addition of this motion conforms to a similar amendment to
    F.R.App.P. 4(a)(4) made in 1993, except that a Rule 9024 motion
    does not toll the time to appeal unless it is filed within the
    10-day period.  The reason for providing that the motion extends
    the time to appeal only if it is filed within the 10-day period is
    to enable the court and the parties in interest to determine solely
    from the court records whether the time to appeal has been extended
    by a motion for relief under Rule 9024.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1997 AMENDMENT
      Subdivision (c) is amended to provide that a request for an
    extension of time to file a notice of appeal must be filed within
    the applicable time period.  This amendment will avoid uncertainty
    as to whether the mailing of a motion or an oral request in court
    is sufficient to request an extension of time, and will enable the
    court and the parties in interest to determine solely from the
    court records whether a timely request for an extension has been
    made.
      The amendments also give the court discretion to permit a party
    to file a notice of appeal more than 20 days after expiration of
    the time to appeal otherwise prescribed, but only if the motion was
    timely filed and the notice of appeal is filed within a period not
    exceeding 10 days after entry of the order extending the time.
    This amendment is designed to protect parties that file timely
    motions to extend the time to appeal from the harshness of the
    present rule as demonstrated in In re Mouradick, 13 F.3d 326 (9th
    Cir. 1994), where the court held that a notice of appeal filed
    within the 3-day period expressly prescribed by an order granting a
    timely motion for an extension of time did not confer jurisdiction
    on the appellate court because the notice of appeal was not filed
    within the 20-day period specified in subdivision (c).
      The subdivision is amended further to prohibit any extension of
    time to file a notice of appeal - even if the motion for an
    extension is filed before the expiration of the original time to
    appeal - if the order appealed from grants relief from the
    automatic stay, authorizes the sale or lease of property, use of
    cash collateral, obtaining of credit, or assumption or assignment
    of an executory contract or unexpired lease under Sec. 365, or
    approves a disclosure statement or confirms a plan.  These types of
    orders are often relied upon immediately after they are entered and
    should not be reviewable on appeal after the expiration of the
    original appeal period under Rule 8002(a) and (b).
      GAP Report on Rule 8002. No changes to the published draft.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 8003                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VIII - APPEALS TO DISTRICT COURT OR BANKRUPTCY APPELLATE PANEL
 
-HEAD-
    Rule 8003. Leave to Appeal
 
-STATUTE-
    (a) Content of Motion; Answer
      A motion for leave to appeal under 28 U.S.C. Sec. 158(a) shall
    contain: (1) a statement of the facts necessary to an understanding
    of the questions to be presented by the appeal; (2) a statement of
    those questions and of the relief sought; (3) a statement of the
    reasons why an appeal should be granted; and (4) a copy of the
    judgment, order, or decree complained of and of any opinion or
    memorandum relating thereto.  Within 10 days after service of the
    motion an adverse party may file with the clerk an answer in
    opposition.
    (b) Transmittal; Determination of Motion
      The clerk shall transmit the notice of appeal, the motion for
    leave to appeal and any answer thereto to the clerk of the district
    court or the clerk of the bankruptcy appellate panel as soon as all
    parties have filed answers or the time for filing an answer has
    expired.  The motion and answer shall be submitted without oral
    argument unless otherwise ordered.
    (c) Appeal Improperly Taken Regarded as a Motion for Leave To
        Appeal
      If a required motion for leave to appeal is not filed, but a
    notice of appeal is timely filed, the district court or bankruptcy
    appellate panel may grant leave to appeal or direct that a motion
    for leave to appeal be filed.  The district court or the bankruptcy
    appellate panel may also deny leave to appeal but in so doing shall
    consider the notice of appeal as a motion for leave to appeal.
    Unless an order directing that a motion for leave to appeal be
    filed provides otherwise, the motion shall be filed within 10 days
    of entry of the order.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      Subdivisions (a) and (b) of this rule are derived from Rules 5
    and 6 F.R.App.P. The motion for leave to appeal is addressed to the
    district court or the bankruptcy appellate panel, although filed
    with the clerk of the bankruptcy court.
      Subdivision (c) provides that if a party mistakenly believes the
    order appealed from is final and files only a notice of appeal, the
    appeal is not automatically dismissed.  The district court or
    bankruptcy appellate panel has the options to direct that a motion
    be filed, to decide exclusively on the papers already filed to
    grant leave to appeal, or to deny leave to appeal.  Cf. 28 U.S.C.
    Sec. 2103.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 8004                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VIII - APPEALS TO DISTRICT COURT OR BANKRUPTCY APPELLATE PANEL
 
-HEAD-
    Rule 8004. Service of the Notice of Appeal
 
-STATUTE-
      The clerk shall serve notice of the filing of a notice of appeal
    by mailing a copy thereof to counsel of record of each party other
    than the appellant or, if a party is not represented by counsel, to
    the party's last known address.  Failure to serve notice shall not
    affect the validity of the appeal.  The clerk shall note on each
    copy served the date of the filing of the notice of appeal and
    shall note in the docket the names of the parties to whom copies
    are mailed and the date of the mailing.  The clerk shall forthwith
    transmit to the United States trustee a copy of the notice of
    appeal, but failure to transmit such notice shall not affect the
    validity of the appeal.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987; Apr. 30, 1991, eff.
    Aug. 1, 1991.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      This rule is an adaptation of Rule 3(d) F.R.App.P.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      This rule is amended to keep the United States trustee informed
    of the progress of the case.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 8005                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VIII - APPEALS TO DISTRICT COURT OR BANKRUPTCY APPELLATE PANEL
 
-HEAD-
    Rule 8005. Stay Pending Appeal
 
-STATUTE-
      A motion for a stay of the judgment, order, or decree of a
    bankruptcy judge, for approval of a supersedeas bond, or for other
    relief pending appeal must ordinarily be presented to the
    bankruptcy judge in the first instance.  Notwithstanding Rule 7062
    but subject to the power of the district court and the bankruptcy
    appellate panel reserved hereinafter, the bankruptcy judge may
    suspend or order the continuation of other proceedings in the case
    under the Code or make any other appropriate order during the
    pendency of an appeal on such terms as will protect the rights of
    all parties in interest.  A motion for such relief, or for
    modification or termination of relief granted by a bankruptcy
    judge, may be made to the district court or the bankruptcy
    appellate panel, but the motion shall show why the relief,
    modification, or termination was not obtained from the bankruptcy
    judge.  The district court or the bankruptcy appellate panel may
    condition the relief it grants under this rule on the filing of a
    bond or other appropriate security with the bankruptcy court.  When
    an appeal is taken by a trustee, a bond or other appropriate
    security may be required, but when an appeal is taken by the United
    States or an officer or agency thereof or by direction of any
    department of the Government of the United States a bond or other
    security shall not be required.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      The first, third, and fourth sentences of this rule are
    adaptations of Rule 8(a) and (b) F.R.App.P. The second sentence of
    the rule is derived from Sec. 39(c) of the Bankruptcy Act and
    confers on the bankruptcy judge discretion respecting the stay or
    continuation of other proceedings in the case while an appeal is
    pending.
      The last sentence of the rule, which specifically subjects a
    trustee to the same kind of security requirements as other
    litigants, is derived from former Bankruptcy Rule 805. The
    exemption of the United States from the bond or security
    requirements is the same as the exemption contained in Rule 62(e)
    F.R.Civ.P.
      Sections 363(m) and 364(e) of the Code provide that unless an
    order approving a sale of property, or authorizing the obtaining of
    credit or the incurring of debt is stayed pending appeal, the sale
    of property to a good faith purchaser or a good faith extension of
    credit, with or without any priority or lien, shall not be affected
    by the reversal or modification of such order on appeal, whether or
    not the purchaser or creditor knows of the pendency of the appeal.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 8006                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VIII - APPEALS TO DISTRICT COURT OR BANKRUPTCY APPELLATE PANEL
 
-HEAD-
    Rule 8006. Record and Issues on Appeal
 
-STATUTE-
      Within 10 days after filing the notice of appeal as provided by
    Rule 8001(a), entry of an order granting leave to appeal, or entry
    of an order disposing of the last timely motion outstanding of a
    type specified in Rule 8002(b), whichever is later, the appellant
    shall file with the clerk and serve on the appellee a designation
    of the items to be included in the record on appeal and a statement
    of the issues to be presented.  Within 10 days after the service of
    the appellant's statement the appellee may file and serve on the
    appellant a designation of additional items to be included in the
    record on appeal and, if the appellee has filed a cross appeal, the
    appellee as cross appellant shall file and serve a statement of the
    issues to be presented on the cross appeal and a designation of
    additional items to be included in the record.  A cross appellee
    may, within 10 days of service of the cross appellant's statement,
    file and serve on the cross appellant a designation of additional
    items to be included in the record.  The record on appeal shall
    include the items so designated by the parties, the notice of
    appeal, the judgment, order, or decree appealed from, and any
    opinion, findings of fact, and conclusions of law of the court.
    Any party filing a designation of the items to be included in the
    record shall provide to the clerk a copy of the items designated
    or, if the party fails to provide the copy, the clerk shall prepare
    the copy at the party's expense.  If the record designated by any
    party includes a transcript of any proceeding or a part thereof,
    the party shall, immediately after filing the designation, deliver
    to the reporter and file with the clerk a written request for the
    transcript and make satisfactory arrangements for payment of its
    cost.  All parties shall take any other action necessary to enable
    the clerk to assemble and transmit the record.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987; Apr. 30, 1991, eff.
    Aug. 1, 1991; Apr. 29, 1994, eff.  Aug. 1, 1994.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      This rule is an adaptation of Rule 10(b) F.R.App.P. The last
    sentence of the rule is derived from Rule 11(a) F.R.App.P.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      The seven-day time periods are changed to 10 days to conform to
    Rule 75(b)(2) F.R.Civ.P. and Rule 10(b)(3) F.R.App.P. The amendment
    requiring a party to provide a copy of the items designated for the
    record is to facilitate the amendments to Rule 8007 providing for
    retention by the bankruptcy clerk of the original record.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1994 AMENDMENT
      The amendment to the first sentence of this rule is made together
    with the amendment to Rule 8002(b), which provides, in essence,
    that certain specified postjudgment motions suspend a filed notice
    of appeal until the disposition of the last of such motions.  The
    purpose of this amendment is to suspend the 10-day period for
    filing and serving a designation of the record and statement of the
    issues if a timely postjudgment motion is made and a notice of
    appeal is suspended under Rule 8002(b). The 10-day period set forth
    in the first sentence of this rule begins to run when the order
    disposing of the last of such postjudgment motions outstanding is
    entered.  The other amendments to this rule are stylistic.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 8007                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VIII - APPEALS TO DISTRICT COURT OR BANKRUPTCY APPELLATE PANEL
 
-HEAD-
    Rule 8007. Completion and Transmission of the Record; Docketing of
        the Appeal
 
-STATUTE-
    (a) Duty of Reporter To Prepare and File Transcript
      On receipt of a request for a transcript, the reporter shall
    acknowledge on the request the date it was received and the date on
    which the reporter expects to have the transcript completed and
    shall transmit the request, so endorsed, to the clerk or the clerk
    of the bankruptcy appellate panel.  On completion of the transcript
    the reporter shall file it with the clerk and, if appropriate,
    notify the clerk of the bankruptcy appellate panel.  If the
    transcript cannot be completed within 30 days of receipt of the
    request the reporter shall seek an extension of time from the clerk
    or the clerk of the bankruptcy appellate panel and the action of
    the clerk shall be entered in the docket and the parties notified.
    If the reporter does not file the transcript within the time
    allowed, the clerk or the clerk of the bankruptcy appellate panel
    shall notify the bankruptcy judge.
    (b) Duty of Clerk To Transmit Copy of Record; Docketing of Appeal
      When the record is complete for purposes of appeal, the clerk
    shall transmit a copy thereof forthwith to the clerk of the
    district court or the clerk of the bankruptcy appellate panel.  On
    receipt of the transmission the clerk of the district court or the
    clerk of the bankruptcy appellate panel shall enter the appeal in
    the docket and give notice promptly to all parties to the judgment,
    order, or decree appealed from of the date on which the appeal was
    docketed.  If the bankruptcy appellate panel directs that
    additional copies of the record be furnished, the clerk of the
    bankruptcy appellate panel shall notify the appellant and, if the
    appellant fails to provide the copies, the clerk shall prepare the
    copies at the expense of the appellant.
    (c) Record for Preliminary Hearing
      If prior to the time the record is transmitted a party moves in
    the district court or before the bankruptcy appellate panel for
    dismissal, for a stay pending appeal, for additional security on
    the bond on appeal or on a supersedeas bond, or for any
    intermediate order, the clerk at the request of any party to the
    appeal shall transmit to the clerk of the district court or the
    clerk of the bankruptcy appellate panel a copy of the parts of the
    record as any party to the appeal shall designate.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987; Apr. 30, 1991, eff.
    Aug. 1, 1991.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      Subdivision (a) is an adaptation of Rule 11(b) F.R.App.P.
      Subdivision (b) is similar to former Bankruptcy Rule 807. The
    duty of the clerk of the bankruptcy court to transmit the record as
    soon as the record is complete is derived from the second paragraph
    of Rule 11(b) F.R.App.P. The last sentence of the subdivision
    applies to appeals to bankruptcy appellate panels.  Additional
    copies of the record may be needed when the appendix to the brief
    required under Rule 8009(b) is not adequate in the judgment of the
    bankruptcy appellate panel for disposition of the appeal.  If
    additional copies are required, the appellant will arrange for the
    production of the copies; if the appellant fails to do so, the
    clerk of the bankruptcy appellate panel shall prepare the copies at
    the expense of the appellant.
      Subdivision (c) is derived from subdivisions (c), (e) and (f) of
    Rule 11 F.R.App.P. and subdivision (d) is essentially the same as
    Rule 11(b) F.R.App.P.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      This rule is amended to require that the bankruptcy clerk retain
    the original record and transmit a copy of the record to the clerk
    of the district court or bankruptcy appellate panel.  Transmission
    of the original documents may cause disruption in the continuing
    administration of the case in the bankruptcy court.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 8008                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VIII - APPEALS TO DISTRICT COURT OR BANKRUPTCY APPELLATE PANEL
 
-HEAD-
    Rule 8008. Filing and Service
 
-STATUTE-
    (a) Filing
      Papers required or permitted to be filed with the clerk of the
    district court or the clerk of the bankruptcy appellate panel may
    be filed by mail addressed to the clerk, but filing is not timely
    unless the papers are received by the clerk within the time fixed
    for filing, except that briefs are deemed filed on the day of
    mailing.  An original and one copy of all papers shall be filed
    when an appeal is to the district court; an original and three
    copies shall be filed when an appeal is to a bankruptcy appellate
    panel.  The district court or bankruptcy appellate panel may
    require that additional copies be furnished.  Rule 5005(a)(2)
    applies to papers filed with the clerk of the district court or the
    clerk of the bankruptcy appellate panel if filing by electronic
    means is authorized by local rule promulgated pursuant to Rule
    8018.
    (b) Service of All Papers Required
      Copies of all papers filed by any party and not required by these
    rules to be served by the clerk of the district court or the clerk
    of the bankruptcy appellate panel shall, at or before the time of
    filing, be served by the party or a person acting for the party on
    all other parties to the appeal.  Service on a party represented by
    counsel shall be made on counsel.
    (c) Manner of Service
      Service may be personal or by mail.  Personal service includes
    delivery of the copy to a clerk or other responsible person at the
    office of counsel.  Service by mail is complete on mailing.
    (d) Proof of Service
      Papers presented for filing shall contain an acknowledgment of
    service by the person served or proof of service in the form of a
    statement of the date and manner of service and of the names of the
    persons served, certified by the person who made service.  The
    clerk of the district court or the clerk of the bankruptcy
    appellate panel may permit papers to be filed without
    acknowledgment or proof of service but shall require the
    acknowledgment or proof of service to be filed promptly thereafter.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987; Apr. 23, 1996, eff.
    Dec. 1, 1996.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      This rule is an adaptation of Rule 25 F.R.App.P. Motions, briefs,
    appendices when required, statements, and any other filed paper
    must be accompanied by the specified number of copies.  Rules 8001
    and 8004 govern the number of copies of the notice of appeal which
    must be filed.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1996 AMENDMENT
      This rule is amended to permit, but not require, district courts
    and, where bankruptcy appellate panels have been authorized,
    circuit councils to adopt local rules that allow filing of
    documents by electronic means, subject to the limitations contained
    in Rule 5005(a)(2). See the committee note to the amendments to
    Rule 5005. Other amendments to this rule are stylistic.
      GAP Report on Rule 8008. No changes since publication, except for
    stylistic changes.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 8009                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VIII - APPEALS TO DISTRICT COURT OR BANKRUPTCY APPELLATE PANEL
 
-HEAD-
    Rule 8009. Briefs and Appendix; Filing and Service
 
-STATUTE-
    (a) Briefs
      Unless the district court or the bankruptcy appellate panel by
    local rule or by order excuses the filing of briefs or specifies
    different time limits:
        (1) The appellant shall serve and file a brief within 15 days
      after entry of the appeal on the docket pursuant to Rule 8007.
        (2) The appellee shall serve and file a brief within 15 days
      after service of the brief of appellant.  If the appellee has
      filed a cross appeal, the brief of the appellee shall contain the
      issues and argument pertinent to the cross appeal, denominated as
      such, and the response to the brief of the appellant.
        (3) The appellant may serve and file a reply brief within 10
      days after service of the brief of the appellee, and if the
      appellee has cross-appealed, the appellee may file and serve a
      reply brief to the response of the appellant to the issues
      presented in the cross appeal within 10 days after service of the
      reply brief of the appellant.  No further briefs may be filed
      except with leave of the district court or the bankruptcy
      appellate panel.
    (b) Appendix to Brief
      If the appeal is to a bankruptcy appellate panel, the appellant
    shall serve and file with the appellant's brief excerpts of the
    record as an appendix, which shall include the following:
        (1) The complaint and answer or other equivalent pleadings;
        (2) Any pretrial order;
        (3) The judgment, order, or decree from which the appeal is
      taken;
        (4) Any other orders relevant to the appeal;
        (5) The opinion, findings of fact, or conclusions of law filed
      or delivered orally by the court and citations of the opinion if
      published;
        (6) Any motion and response on which the court rendered
      decision;
        (7) The notice of appeal;
        (8) The relevant entries in the bankruptcy docket; and
        (9) The transcript or portion thereof, if so required by a rule
      of the bankruptcy appellate panel.
    An appellee may also serve and file an appendix which contains
    material required to be included by the appellant but omitted by
    appellant.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      Subdivision (a) of this rule is adapted from Rules 28(a) and
    31(a) F.R.App.P. The introductory clause of the rule recognizes the
    desirability of allowing local and individual variation in the
    filing of briefs.  The numbered paragraphs prescribe shorter
    periods than the corresponding periods allowed by Rule 31(a)
    F.R.App.P.
      Subdivision (b), which is similar to an interim rule for
    bankruptcy appellate panels promulgated by the Ninth Circuit,
    applies only when an appeal is to an appellate panel.  The
    appellant must prepare an appendix to the brief which contains the
    documents relevant to the appeal.  With the appendix available to
    each member of the appellate panel, it is unlikely that multiple
    copies of the record will be necessary.  The last sentence of the
    subdivision enables the appellee to correct an omission of the
    appellant.
      Rule 30 F.R.App.P., which governs the preparation of the appendix
    in appeals taken to the courts of appeals, specifies fewer
    documents which must be included in the appendix but permits the
    parties to include any other material.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT
      The amendment to Rule 8007(c) permits a rule of the bankruptcy
    appellate panel to provide that the record is to be retained rather
    than transmitted.  The new paragraph (9) of subdivision (b) of this
    rule complements Rule 8007(c) by authorizing a rule of the panel to
    require inclusion of the transcript or a portion thereof in the
    appendix.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 8010                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VIII - APPEALS TO DISTRICT COURT OR BANKRUPTCY APPELLATE PANEL
 
-HEAD-
    Rule 8010. Form of Briefs; Length
 
-STATUTE-
    (a) Form of Briefs
      Unless the district court or the bankruptcy appellate panel by
    local rule otherwise provides, the form of brief shall be as
    follows:
      (1) Brief of the Appellant. The brief of the appellant shall
    contain under appropriate headings and in the order here indicated:
        (A) A table of contents, with page references, and a table of
      cases alphabetically arranged, statutes and other authorities
      cited, with references to the pages of the brief where they are
      cited.
        (B) A statement of the basis of appellate jurisdiction.
        (C) A statement of the issues presented and the applicable
      standard of appellate review.
        (D) A statement of the case.  The statement shall first
      indicate briefly the nature of the case, the course of the
      proceedings, and the disposition in the court below.  There shall
      follow a statement of the facts relevant to the issues presented
      for review, with appropriate references to the record.
        (E) An argument.  The argument may be preceded by a summary.
      The argument shall contain the contentions of the appellant with
      respect to the issues presented, and the reasons therefor, with
      citations to the authorities, statutes and parts of the record
      relied on.
        (F) A short conclusion stating the precise relief sought.
      (2) Brief of the Appellee. The brief of the appellee shall
    conform to the requirements of paragraph (1)(A)-(E) of this
    subdivision, except that a statement of the basis of appellate
    jurisdiction, of the issues, or of the case need not be made unless
    the appellee is dissatisfied with the statement of the appellant.
    (b) Reproduction of Statutes, Rules, Regulations, or Similar
        Material
      If determination of the issues presented requires reference to
    the Code or other statutes, rules, regulations, or similar
    material, relevant parts thereof shall be reproduced in the brief
    or in an addendum or they may be supplied to the court in pamphlet
    form.
    (c) Length of Briefs
      Unless the district court or the bankruptcy appellate panel by
    local rule or order otherwise provides, principal briefs shall not
    exceed 50 pages, and reply briefs shall not exceed 25 pages,
    exclusive of pages containing the table of contents, tables of
    citations and any addendum containing statutes, rules, regulations,
    or similar material.
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      This rule is derived from subdivisions (a), (b), (c), and (f) of
    Rule 28 F.R.App.P.
      When an appeal is to a bankruptcy appellate panel and an appendix
    is filed pursuant to Rule 8009(b) and reference is made in a brief
    to parts of the record included in the appendix, the reference
    should be to the appropriate pages of the appendix at which those
    parts appear.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 8011                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VIII - APPEALS TO DISTRICT COURT OR BANKRUPTCY APPELLATE PANEL
 
-HEAD-
    Rule 8011. Motions
 
-STATUTE-
    (a) Content of Motions; Response; Reply
      A request for an order or other relief shall be made by filing
    with the clerk of the district court or the clerk of the bankruptcy
    appellate panel a motion for such order or relief with proof of
    service on all other parties to the appeal.  The motion shall
    contain or be accompanied by any matter required by a specific
    provision of these rules governing such a motion, shall state with
    particularity the grounds on which it is based, and shall set forth
    the order or relief sought.  If a motion is supported by briefs,
    affidavits or other papers, they shall be served and filed with the
    motion.  Any party may file a response in opposition to a motion
    other than one for a procedural order within seven days after
    service of the motion, but the district court or the bankruptcy
    appellate panel may shorten or extend the time for responding to
    any motion.
    (b) Determination of Motions for Procedural Orders
      Notwithstanding subdivision (a) of this rule, motions for
    procedural orders, including any motion under Rule 9006, may be
    acted on at any time, without awaiting a response thereto and
    without hearing.  Any party adversely affected by such action may
    move for reconsideration, vacation, or modification of the action.
    (c) Determination of all Motions
      All motions will be decided without oral argument unless the
    court orders otherwise.  A motion for a stay, or for other
    emergency relief may be denied if not presented promptly.
    (d) Emergency Motions
      Whenever a movant requests expedited action on a motion on the
    ground that, to avoid irreparable harm, relief is needed in less
    time than would normally be required for the district court or
    bankruptcy appellate panel to receive and consider a response, the
    word ''Emergency'' shall precede the title of the motion.  The
    motion shall be accompanied by an affidavit setting forth the
    nature of the emergency.  The motion shall state whether all
    grounds advanced in support thereof were submitted to the
    bankruptcy judge and, if any grounds relied on were not submitted,
    why the motion should not be remanded to the bankruptcy judge for
    reconsideration.  The motion shall include the office addresses and
    telephone numbers of moving and opposing counsel and shall be
    served pursuant to Rule 8008. Prior to filing the motion, the
    movant shall make every practicable effort to notify opposing
    counsel in time for counsel to respond to the motion.  The
    affidavit accompanying the motion shall also state when and how
    opposing counsel was notified or if opposing counsel was not
    notified why it was not practicable to do so.
    (e) Power of a Single Judge To Entertain Motions
      A single judge of a bankruptcy appellate panel may grant or deny
    any request for relief which under these rules may properly be
    sought by motion, except that a single judge may not dismiss or
    otherwise decide an appeal or a motion for leave to appeal.  The
    action of a single judge may be reviewed by the panel.
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      Subdivisions (a), (b) and (e) of this rule conform substantially
    to subdivisions (a), (b) and (c) of Rule 27 F.R.App.P. Subdivisions
    (c) and (d) are taken from Rule 13(c) and (d) of the Rules of the
    First Circuit governing appeals to bankruptcy appellate panels.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 8012                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VIII - APPEALS TO DISTRICT COURT OR BANKRUPTCY APPELLATE PANEL
 
-HEAD-
    Rule 8012. Oral Argument
 
-STATUTE-
      Oral argument shall be allowed in all cases unless the district
    judge or the judges of the bankruptcy appellate panel unanimously
    determine after examination of the briefs and record, or appendix
    to the brief, that oral argument is not needed.  Any party shall
    have an opportunity to file a statement setting forth the reason
    why oral argument should be allowed.
      Oral argument will not be allowed if (1) the appeal is frivolous;
    (2) the dispositive issue or set of issues has been recently
    authoritatively decided; or (3) the facts and legal arguments are
    adequately presented in the briefs and record and the decisional
    process would not be significantly aided by oral argument.
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      This rule is derived from Rule 34(a) F.R.App.P. The other details
    of oral argument which are covered by the remaining subdivisions of
    Rule 34 F.R.App.P are not in these rules and are left to local rule
    or order of the court.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 8013                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VIII - APPEALS TO DISTRICT COURT OR BANKRUPTCY APPELLATE PANEL
 
-HEAD-
    Rule 8013. Disposition of Appeal; Weight Accorded Bankruptcy
        Judge's Findings of Fact
 
-STATUTE-
      On an appeal the district court or bankruptcy appellate panel may
    affirm, modify, or reverse a bankruptcy judge's judgment, order, or
    decree or remand with instructions for further proceedings.
    Findings of fact, whether based on oral or documentary evidence,
    shall not be set aside unless clearly erroneous, and due regard
    shall be given to the opportunity of the bankruptcy court to judge
    the credibility of the witnesses.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      This rule accords to the findings of a bankruptcy judge the same
    weight given the findings of a district judge under Rule 52
    F.R.Civ.P. See also Rules 7052(a) and 9014.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT
      The amendment to this rule conforms the appellate review standard
    to Rule 52 F.R.Civ.P., as amended in August 1985.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 8014                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VIII - APPEALS TO DISTRICT COURT OR BANKRUPTCY APPELLATE PANEL
 
-HEAD-
    Rule 8014. Costs
 
-STATUTE-
      Except as otherwise provided by law, agreed to by the parties, or
    ordered by the district court or the bankruptcy appellate panel,
    costs shall be taxed against the losing party on an appeal.  If a
    judgment is affirmed or reversed in part, or is vacated, costs
    shall be allowed only as ordered by the court.  Costs incurred in
    the production of copies of briefs, the appendices, and the record
    and in the preparation and transmission of the record, the cost of
    the reporter's transcript, if necessary for the determination of
    the appeal, the premiums paid for cost of supersedeas bonds or
    other bonds to preserve rights pending appeal and the fee for
    filing the notice of appeal shall be taxed by the clerk as costs of
    the appeal in favor of the party entitled to costs under this rule.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      This rule is an adaptation of Rule 39(a), (c) and (e) of the
    F.R.App.P. Under this rule all costs are taxed by the clerk of the
    bankruptcy court.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 8015                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VIII - APPEALS TO DISTRICT COURT OR BANKRUPTCY APPELLATE PANEL
 
-HEAD-
    Rule 8015. Motion for Rehearing
 
-STATUTE-
      Unless the district court or the bankruptcy appellate panel by
    local rule or by court order otherwise provides, a motion for
    rehearing may be filed within 10 days after entry of the judgment
    of the district court or the bankruptcy appellate panel.  If a
    timely motion for rehearing is filed, the time for appeal to the
    court of appeals for all parties shall run from the entry of the
    order denying rehearing or the entry of a subsequent judgment.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      This is an adaptation of the first sentence of Rule 40(a)
    F.R.App.P. The filing of a motion for rehearing does not toll the
    time for taking an appeal to the court of appeals from the district
    court or the bankruptcy appellate panel.  Appeals from a district
    court or a bankruptcy appellate panel are to the appropriate court
    of appeals.  Under Rule 4(a)(4) F.R.App.P. the filing of post-trial
    motions in the district court has the effect of vitiating any prior
    notice of appeal and, on the district court's disposition of those
    post-trial motions, a new appeal period starts.  Rule 4 F.R.App.P.
    does not, however, contain any provision which stays or otherwise
    alters the time for taking an appeal to the court of appeals when a
    motion for rehearing is filed under Rule 8015 with the district
    court or bankruptcy appellate panel.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT
      The amendment, which is derived from Rule 8002(b), Rule 4(a)(4)
    F.R.App.P., and Rule 11.1 Sup.Ct.R., clarifies the effect of the
    filing of a timely motion for rehearing.  If a timely motion is
    filed, the appeal period to the court of appeals begins to run on
    the entry of an order denying the motion or the entry of a
    subsequent judgment.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 8016                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VIII - APPEALS TO DISTRICT COURT OR BANKRUPTCY APPELLATE PANEL
 
-HEAD-
    Rule 8016. Duties of Clerk of District Court and Bankruptcy
        Appellate Panel
 
-STATUTE-
    (a) Entry of Judgment
      The clerk of the district court or the clerk of the bankruptcy
    appellate panel shall prepare, sign and enter the judgment
    following receipt of the opinion of the court or the appellate
    panel or, if there is no opinion, following the instruction of the
    court or the appellate panel.  The notation of a judgment in the
    docket constitutes entry of judgment.
    (b) Notice of Orders or Judgments; Return of Record
      Immediately on the entry of a judgment or order the clerk of the
    district court or the clerk of the bankruptcy appellate panel shall
    transmit a notice of the entry to each party to the appeal, to the
    United States trustee, and to the clerk, together with a copy of
    any opinion respecting the judgment or order, and shall make a note
    of the transmission in the docket.  Original papers transmitted as
    the record on appeal shall be returned to the clerk on disposition
    of the appeal.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987; Apr. 30, 1991, eff.
    Aug. 1, 1991.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      Subdivision (a) of this rule is adapted from Rule 36 F.R.App.P.
    Subdivision (b) is similar to subdivisions (c) and (d) of Rule 45
    F.R.App.P.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      Subdivision (b) is amended to enable the United States trustee to
    monitor the progress of the case.  The requirements of this
    subdivision apply to an order of the district court or bankruptcy
    appellate panel staying its judgment pending appeal to the court of
    appeals pursuant to Rule 8017(b).
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 8017                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VIII - APPEALS TO DISTRICT COURT OR BANKRUPTCY APPELLATE PANEL
 
-HEAD-
    Rule 8017. Stay of Judgment of District Court or Bankruptcy
        Appellate Panel
 
-STATUTE-
    (a) Automatic Stay of Judgment on Appeal
      Judgments of the district court or the bankruptcy appellate panel
    are stayed until the expiration of 10 days after entry, unless
    otherwise ordered by the district court or the bankruptcy appellate
    panel.
    (b) Stay Pending Appeal to the Court of Appeals
      On motion and notice to the parties to the appeal, the district
    court or the bankruptcy appellate panel may stay its judgment
    pending an appeal to the court of appeals.  The stay shall not
    extend beyond 30 days after the entry of the judgment of the
    district court or the bankruptcy appellate panel unless the period
    is extended for cause shown.  If before the expiration of a stay
    entered pursuant to this subdivision there is an appeal to the
    court of appeals by the party who obtained the stay, the stay shall
    continue until final disposition by the court of appeals.  A bond
    or other security may be required as a condition to the grant or
    continuation of a stay of the judgment.  A bond or other security
    may be required if a trustee obtains a stay but a bond or security
    shall not be required if a stay is obtained by the United States or
    an officer or agency thereof or at the direction of any department
    of the Government of the United States.
    (c) Power of Court of Appeals not Limited
      This rule does not limit the power of a court of appeals or any
    judge thereof to stay proceedings during the pendency of an appeal
    or to suspend, modify, restore, or grant an injunction during the
    pendency of an appeal or to make any order appropriate to preserve
    the status quo or the effectiveness of the judgment subsequently to
    be entered.
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      This rule is derived from Rule 62 F.R.Civ.P. and Rule 41
    F.R.App.P.
      Subdivision (a) accords to the parties to an appeal 10 days
    within which to decide whether to pursue an appeal to the court of
    appeals.  In ordinary civil litigation there is a similar
    opportunity.  Rule 62(a) F.R.Civ.P. automatically stays enforcement
    of a district court's judgment in a civil action and Rule 41(a)
    F.R.App.P. provides that the mandate of the court of appeals shall
    not issue for 21 days, unless the court otherwise directs.  The
    district court or bankruptcy appellate panel may reduce the 10 day
    period of this subdivision.
      Subdivision (b) vests in the district courts and the bankruptcy
    appellate panels the same authority the courts of appeals have
    under Rule 41(b) F.R.App.P. to stay their judgments pending
    appeal.  Perfection of an appeal to the court of appeals while a
    stay entered by the district court or bankruptcy appellate panel is
    in effect results in the automatic continuation of that stay during
    the course of the appeal in the court of appeals.
      Subdivision (c) is the same as Rule 62(g) F.R.Civ.P.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 8018                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VIII - APPEALS TO DISTRICT COURT OR BANKRUPTCY APPELLATE PANEL
 
-HEAD-
    Rule 8018. Rules by Circuit Councils and District Courts; Procedure
        When There is No Controlling Law
 
-STATUTE-
    (a) Local Rules by Circuit Councils and District Courts
      (1) Circuit councils which have authorized bankruptcy appellate
    panels pursuant to 28 U.S.C. Sec. 158(b) and the district courts
    may, acting by a majority of the judges of the council or district
    court, make and amend rules governing practice and procedure for
    appeals from orders or judgments of bankruptcy judges to the
    respective bankruptcy appellate panel or district court consistent
    with - but not duplicative of - Acts of Congress and the rules of
    this Part VIII. Local rules shall conform to any uniform numbering
    system prescribed by the Judicial Conference of the United States.
    Rule 83 F.R.Civ.P. governs the procedure for making and amending
    rules to govern appeals.
      (2) A local rule imposing a requirement of form shall not be
    enforced in a manner that causes a party to lose rights because of
    a nonwillful failure to comply with the requirement.
    (b) Procedure When There is No Controlling Law
      A bankruptcy appellate panel or district judge may regulate
    practice in any manner consistent with federal law, these rules,
    Official Forms, and local rules of the circuit council or district
    court.  No sanction or other disadvantage may be imposed for
    noncompliance with any requirement not in federal law, federal
    rules, Official Forms, or the local rules of the circuit council or
    district court unless the alleged violator has been furnished in
    the particular case with actual notice of the requirement.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987; Apr. 27, 1995, eff.
    Dec. 1, 1995.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      This rule is similar to Rule 47 F.R.App.P. and Rule 83 F.R.Civ.P.
    Local rules governing procedure before the bankruptcy courts may be
    promulgated under Rule 9028.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT
      Rule 83 F.R.Civ.P. was amended in August 1985 to require greater
    participation by the public in the rule making process.  The
    amendment to Rule 8018 incorporates Rule 83 F.R.Civ.P. Under 28
    U.S.C. Sec. 158(b)(2), appeals may be taken to a bankruptcy
    appellate panel only if the district court so authorizes.  If a
    district court does not authorize appeals to the bankruptcy
    appellate panel, appeals will be to the district court.  This rule
    is amended to authorize district courts to promulgate rules for
    appeals.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1995 AMENDMENT
      The amendments to this rule conform to the amendments to Rule
    9029. See Committee Note to the amendments to Rule 9029.
 
-REFTEXT-
                             REFERENCES IN TEXT
      The Federal Rules of Civil Procedure, referred to in subd.
    (a)(1), are set out in the Appendix to Title 28, Judiciary and
    Judicial Procedure.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 8019                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VIII - APPEALS TO DISTRICT COURT OR BANKRUPTCY APPELLATE PANEL
 
-HEAD-
    Rule 8019. Suspension of Rules in Part VIII
 
-STATUTE-
      In the interest of expediting decision or for other cause, the
    district court or the bankruptcy appellate panel may suspend the
    requirements or provisions of the rules in Part VIII, except Rules
    8001, 8002 and 8013, and may order proceedings in accordance with
    its direction.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      This rule is derived from Rule 2 F.R.App.P.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 8020                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART VIII - APPEALS TO DISTRICT COURT OR BANKRUPTCY APPELLATE PANEL
 
-HEAD-
    Rule 8020. Damages and Costs for Frivolous Appeal
 
-STATUTE-
      If a district court or bankruptcy appellate panel determines that
    an appeal from an order, judgment, or decree of a bankruptcy judge
    is frivolous, it may, after a separately filed motion or notice
    from the district court or bankruptcy appellate panel and
    reasonable opportunity to respond, award just damages and single or
    double costs to the appellee.
 
-SOURCE-
    (Added Apr. 11, 1997, eff.  Dec. 1, 1997.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1997
      This rule is added to clarify that a district court hearing an
    appeal, or a bankruptcy appellate panel, has the authority to award
    damages and costs to an appellee if it finds that the appeal is
    frivolous.  By conforming to the language of Rule 38 F.R.App.P.,
    this rule recognizes that the authority to award damages and costs
    in connection with frivolous appeals is the same for district
    courts sitting as appellate courts, bankruptcy appellate panels,
    and courts of appeals.
      GAP Report on Rule 8020. No changes to the published draft.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES PART IX - GENERAL
                  PROVISIONS                                     01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART IX - GENERAL PROVISIONS
    .
 
-HEAD-
    PART IX - GENERAL PROVISIONS
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 9001                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART IX - GENERAL PROVISIONS
 
-HEAD-
    Rule 9001. General Definitions
 
-STATUTE-
      The definitions of words and phrases in Sec. 101, Sec. 902 and
    Sec. 1101 and the rules of construction in Sec. 102 of the Code
    govern their use in these rules.  In addition, the following words
    and phrases used in these rules have the meanings indicated:
        (1) ''Bankruptcy clerk'' means a clerk appointed pursuant to 28
      U.S.C. Sec. 156(b).
        (2) ''Bankruptcy Code'' or ''Code'' means title 11 of the
      United States Code.
        (3) ''Clerk'' means bankruptcy clerk, if one has been
      appointed, otherwise clerk of the district court.
        (4) ''Court'' or ''judge'' means the judicial officer before
      whom a case or proceeding is pending.
        (5) ''Debtor.'' When any act is required by these rules to be
      performed by a debtor or when it is necessary to compel
      attendance of a debtor for examination and the debtor is not a
      natural person: (A) if the debtor is a corporation, ''debtor''
      includes, if designated by the court, any or all of its officers,
      members of its board of directors or trustees or of a similar
      controlling body, a controlling stockholder or member, or any
      other person in control; (B) if the debtor is a partnership,
      ''debtor'' includes any or all of its general partners or, if
      designated by the court, any other person in control.
        (6) ''Firm'' includes a partnership or professional corporation
      of attorneys or accountants.
        (7) ''Judgment'' means any appealable order.
        (8) ''Mail'' means first class, postage prepaid.
        (9) ''Regular associate'' means any attorney regularly employed
      by, associated with, or counsel to an individual or firm.
        (10) ''Trustee'' includes a debtor in possession in a chapter
      11 case.
        (11) ''United States trustee'' includes an assistant United
      States trustee and any designee of the United States trustee.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987; Apr. 30, 1991, eff.
    Aug. 1, 1991.)
 
-MISC1-
           NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT
      The terms ''bankruptcy clerk'' and ''clerk'' have been defined to
    reflect that unless otherwise stated, for the purpose of these
    rules, the terms are meant to identify the court officer for the
    bankruptcy records.  If a bankruptcy clerk is appointed, all
    filings are made with the bankruptcy clerk.  If one has not been
    appointed, all filings are with the clerk of the district court.
    Rule 5005.
      The rule is also amended to include a definition of ''court or
    judge''.  Since a case or proceeding may be before a bankruptcy
    judge or a judge of the district court, ''court or judge'' is
    defined to mean the judicial officer before whom the case or
    proceeding is pending.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      Section 582 of title 28 provides that the Attorney General may
    appoint one or more assistant United States trustees in any region
    when the public interest so requires.  This rule is amended to
    clarify that an assistant United States trustee, as well as any
    designee of the United States trustee, is included within the
    meaning of ''United States trustee'' in the rules.
 
-REFTEXT-
                             REFERENCES IN TEXT
      The Bankruptcy Act of 1898 as amended, referred to in pars. (1)
    and (2), is act July 1, 1898, ch. 541, 30 Stat. 544, as amended,
    which was classified generally to former Title 11, Bankruptcy.
    Sections 1(10) and 2a of this Act were classified to sections 1(10)
    and 11(a), respectively, of former Title 11. The Act was repealed
    effective Oct. 1, 1979, by Pub. L. 95-598, Sec. 401(a), 402(a),
    Nov. 6, 1978, 92 Stat. 2682, section 101 of which enacted revised
    Title 11.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 9002                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART IX - GENERAL PROVISIONS
 
-HEAD-
    Rule 9002. Meanings of Words in the Federal Rules of Civil
        Procedure When Applicable to Cases Under the Code
 
-STATUTE-
      The following words and phrases used in the Federal Rules of
    Civil Procedure made applicable to cases under the Code by these
    rules have the meanings indicated unless they are inconsistent with
    the context:
        (1) ''Action'' or ''civil action'' means an adversary
      proceeding or, when appropriate, a contested petition, or
      proceedings to vacate an order for relief or to determine any
      other contested matter.
        (2) ''Appeal'' means an appeal as provided by 28 U.S.C. Sec.
      158.
        (3) ''Clerk'' or ''clerk of the district court'' means the
      court officer responsible for the bankruptcy records in the
      district.
        (4) ''District Court,'' ''trial court,'' ''court,'' ''district
      judge,'' or ''judge'' means bankruptcy judge if the case or
      proceeding is pending before a bankruptcy judge.
        (5) ''Judgment'' includes any order appealable to an appellate
      court.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987; Apr. 22, 1993, eff.
    Aug. 1, 1993.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      The Federal Rules of Civil Procedure, referred to in text, are
    set out in the Appendix to Title 28, Judiciary and Judicial
    Procedure.
 
-MISC2-
           NOTES OF ADVISORY COMMITTEE ON RULES - 1993 AMENDMENT
      This rule is revised to include the words ''district judge'' in
    anticipation of amendments to the Federal Rules of Civil Procedure.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 9003                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART IX - GENERAL PROVISIONS
 
-HEAD-
    Rule 9003. Prohibition of Ex Parte Contacts
 
-STATUTE-
    (a) General Prohibition
      Except as otherwise permitted by applicable law, any examiner,
    any party in interest, and any attorney, accountant, or employee of
    a party in interest shall refrain from ex parte meetings and
    communications with the court concerning matters affecting a
    particular case or proceeding.
    (b) United States Trustee
      Except as otherwise permitted by applicable law, the United
    States trustee and assistants to and employees or agents of the
    United States trustee shall refrain from ex parte meetings and
    communications with the court concerning matters affecting a
    particular case or proceeding.  This rule does not preclude
    communications with the court to discuss general problems of
    administration and improvement of bankruptcy administration,
    including the operation of the United States trustee system.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987; Apr. 30, 1991, eff.
    Aug. 1, 1991.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      This rule regulates the actions of parties in interest and their
    attorneys or others employed by parties in interest.  This
    regulation of the conduct of parties in interest and their
    representative is designed to insure that the bankruptcy system
    operates fairly and that no appearance of unfairness is created.
    See H. Rep. No. 95-595, 95th Cong., 1st Sess. 95 et seq. (1977).
      This rule is not a substitute for or limitation of any applicable
    canon of professional responsibility or judicial conduct.  See,
    e.g., Canon 7, EC7-35, Disciplinary Rule 7-110(B) of the Code of
    Professional Responsibility: ''Generally, in adversary proceedings
    a lawyer should not communicate with a judge relative to a matter
    pending before, or which is to be brought before, a tribunal over
    which he presides in circumstances which might have the effect or
    give the appearance of granting undue advantage to one party;'' and
    Canon 3A(4) of the Code of Judicial Conduct: ''A judge should . . .
    neither initiate nor consider ex parte or other communications
    concerning a pending or impending proceeding.''
           NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT
      This rule is amended to apply to both the bankruptcy judges and
    the district judges of the district.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      Subdivision (a) is amended to extend to examiners the prohibition
    on ex parte meetings and communications with the court.
      Subdivision (b) is derived from Rule X-1010.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 9004                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART IX - GENERAL PROVISIONS
 
-HEAD-
    Rule 9004. General Requirements of Form
 
-STATUTE-
    (a) Legibility; Abbreviations
      All petitions, pleadings, schedules and other papers shall be
    clearly legible.  Abbreviations in common use in the English
    language may be used.
    (b) Caption
      Each paper filed shall contain a caption setting forth the name
    of the court, the title of the case, the bankruptcy docket number,
    and a brief designation of the character of the paper.
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      Subdivision (b). Additional requirements applicable to the
    caption for a petition are found in Rule 1005, to the caption for
    notices to creditors in Rule 2002(m), and to the caption for a
    pleading or other paper filed in an adversary proceeding in Rule
    7010. Failure to comply with this or any other rule imposing a
    merely formal requirement does not ordinarily result in the loss of
    rights.  See Rule 9005.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 9005                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART IX - GENERAL PROVISIONS
 
-HEAD-
    Rule 9005. Harmless Error
 
-STATUTE-
      Rule 61 F.R.Civ.P. applies in cases under the Code. When
    appropriate, the court may order the correction of any error or
    defect or the cure of any omission which does not affect
    substantial rights.
 
-REFTEXT-
                             REFERENCES IN TEXT
      The Federal Rules of Civil Procedure, referred to in text, are
    set out in the Appendix to Title 28, Judiciary and Judicial
    Procedure.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 9006                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART IX - GENERAL PROVISIONS
 
-HEAD-
    Rule 9006. Time
 
-STATUTE-
    (a) Computation
      In computing any period of time prescribed or allowed by these
    rules or by the Federal Rules of Civil Procedure made applicable by
    these rules, by the local rules, by order of court, or by any
    applicable statute, the day of the act, event, or default from
    which the designated period of time begins to run shall not be
    included.  The last day of the period so computed shall be
    included, unless it is a Saturday, a Sunday, or a legal holiday,
    or, when the act to be done is the filing of a paper in court, a
    day on which weather or other conditions have made the clerk's
    office inaccessible, in which event the period runs until the end
    of the next day which is not one of the aforementioned days.  When
    the period of time prescribed or allowed is less than 8 days,
    intermediate Saturdays, Sundays, and legal holidays shall be
    excluded in the computation.  As used in this rule and in Rule
    5001(c), ''legal holiday'' includes New Year's Day, Birthday of
    Martin Luther King, Jr., Washington's Birthday, Memorial Day,
    Independence Day, Labor Day, Columbus Day, Veterans Day,
    Thanksgiving Day, Christmas Day, and any other day appointed as a
    holiday by the President or the Congress of the United States, or
    by the state in which the court is held.
    (b) Enlargement
      (1) In General. Except as provided in paragraphs (2) and (3) of
    this subdivision, when an act is required or allowed to be done at
    or within a specified period by these rules or by a notice given
    thereunder or by order of court, the court for cause shown may at
    any time in its discretion (1) with or without motion or notice
    order the period enlarged if the request therefor is made before
    the expiration of the period originally prescribed or as extended
    by a previous order or (2) on motion made after the expiration of
    the specified period permit the act to be done where the failure to
    act was the result of excusable neglect.
      (2) Enlargement Not Permitted. The court may not enlarge the time
    for taking action under Rules 1007(d), 2003(a) and (d), 7052, 9023,
    and 9024.
      (3) Enlargement Limited. The court may enlarge the time for
    taking action under Rules 1006(b)(2), 1017(e), 3002(c), 4003(b),
    4004(a), 4007(c), 8002, and 9033, only to the extent and under the
    conditions stated in those rules.
    (c) Reduction
      (1) In General. Except as provided in paragraph (2) of this
    subdivision, when an act is required or allowed to be done at or
    within a specified time by these rules or by a notice given
    thereunder or by order of court, the court for cause shown may in
    its discretion with or without motion or notice order the period
    reduced.
      (2) Reduction Not Permitted. The court may not reduce the time
    for taking action pursuant to Rules 2002(a)(7), 2003(a), 3002(c),
    3014, 3015, 4001(b)(2), (c)(2), 4003(a), 4004(a), 4007(c), 8002,
    and 9033(b).
    (d) For Motions - Affidavits
      A written motion, other than one which may be heard ex parte, and
    notice of any hearing shall be served not later than five days
    before the time specified for such hearing, unless a different
    period is fixed by these rules or by order of the court.  Such an
    order may for cause shown be made on ex parte application.  When a
    motion is supported by affidavit, the affidavit shall be served
    with the motion; and, except as otherwise provided in Rule 9023,
    opposing affidavits may be served not later than one day before the
    hearing, unless the court permits them to be served at some other
    time.
    (e) Time of Service
      Service of process and service of any paper other than process or
    of notice by mail is complete on mailing.
    (f) Additional Time After Service by Mail
      When there is a right or requirement to do some act or undertake
    some proceedings within a prescribed period after service of a
    notice or other paper and the notice or paper other than process is
    served by mail, three days shall be added to the prescribed period.
    (g) Grain Storage Facility Cases
      This rule shall not limit the court's authority under Sec. 557 of
    the Code to enter orders governing procedures in cases in which the
    debtor is an owner or operator of a grain storage facility.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987; Apr. 25, 1989, eff.
    Aug. 1, 1989; Apr. 30, 1991, eff.  Aug. 1, 1991; Apr. 23, 1996,
    eff.  Dec. 1, 1996; Apr. 26, 1999, eff.  Dec. 1, 1999.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      Subdivision (a). This rule is an adaptation of Rule 6 F.R.Civ.P.
    It governs the time for acts to be done and proceedings to be had
    in cases under the Code and any litigation arising therein.
      Subdivision (b) is patterned after Rule 6(b) F.R.Civ.P. and Rule
    26(b) F.R.App.P.
      Paragraph (1) of this subdivision confers on the court discretion
    generally to authorize extensions of time for doing acts required
    or allowed by these rules or orders of court.  The exceptions to
    this general authority to extend the time are contained in
    paragraphs (2) and (3).
      In the interest of prompt administration of bankruptcy cases
    certain time periods may not be extended.  Paragraph (2) lists the
    rules which establish time periods which may not be extended: Rule
    1007(d), time for filing a list of 20 largest creditors; Rule
    1017(b)(3), 30 day period for sending notice of dismissal for
    failure to pay the filing fee; Rule 1019(2), 20 day period for
    notice of conversion to a chapter 7 case; Rule 2003(a), meeting of
    creditors not more than 40 days after order for relief; Rule
    2003(d), 10 days for filing a motion for resolution of an election
    dispute; Rule 3014, time for the Sec. 1111(b)(2) election; Rule
    4001(b), expiration of stay 30 days following the commencement of
    final hearing; Rule 7052(b), 10 day period to move to amend
    findings of fact; Rule 9015(f), 20 day period to move for judgment
    notwithstanding the verdict; Rule 9023, 10 day period to move for a
    new trial; and Rule 9024, time to move for relief from judgment.
      Many rules which establish a time for doing an act also contain a
    specific authorization and standard for granting an extension of
    time and, in some cases, limit the length of an extension.  In some
    instances it would be inconsistent with the objective of the rule
    and sound administration of the case to permit extension under Rule
    9006(b)(1), but with respect to the other rules it is appropriate
    that the power to extend time be supplemented by Rule 9006(b)(1).
    Unless a rule which contains a specific authorization to extend
    time is listed in paragraph (3) of this subdivision, an extension
    of the time may be granted under paragraph (1) of this
    subdivision.  If a rule is included in paragraph (3) an extension
    may not be granted under paragraph (1). The following rules are
    listed in paragraph (3): Rule 1006(b)(2), time for paying the
    filing fee in installments; Rule 3002(c), 90 day period for filing
    a claim in a chapter 7 or 13 case; Rule 4003(b), 30 days for filing
    objections to a claim of exemptions; Rule 4004(a), 60 day period to
    object to a discharge; Rule 4007(b), 60 day period to file a
    dischargeability complaint; and Rule 8002, 10 days for filing a
    notice of appeal.
      Subdivision (c). Paragraph (1) of this subdivision authorizes the
    reduction of the time periods established by these rules or an
    order of the court.  Excluded from this general authority are the
    time periods established by the rules referred to in paragraph (2)
    of the subdivision: Rule 2002(a) and (b), 20 day and 25 day
    notices of certain hearings and actions in the case; Rule 2003(a),
    meeting of creditors to be not less than 20 days after the order
    for relief; Rule 3002(c), 90 days for filing a claim in a chapter 7
    or 13 case; Rule 3014, time for Sec. 1111(b)(2) election; Rule
    3015, 10 day period after filing of petition to file a chapter 13
    plan; Rule 4003(a), 15 days for a dependent to claim exemptions;
    Rule 4004(a), 60 day period to object to a discharge; Rule 4007(c),
    60 day period to file a dischargeability complaint; and Rule 8002,
    10 days for filing a notice of appeal.  Reduction of the time
    periods fixed in the rules referred to in this subdivision would be
    inconsistent with the purposes of those rules and would cause
    harmful uncertainty.
      Subdivision (d) is derived from Rule 6(d) F.R.Civ.P. The
    reference is to Rule 9023 instead of to Rule 59(c) F.R.Civ.P.
    because Rule 9023 incorporates Rule 59 F.R.Civ.P. but excepts
    therefrom motions to reconsider orders allowing and disallowing
    claims.
      Subdivision (f) is new and is the same as Rule 6(e) F.R.Civ.P.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT
      Subdivision (a) is amended to conform to the 1984 amendments to
    Rule 6 F.R.Civ.P.
      Subdivision (b). The reference to Rule 4001(b) in paragraph (3)
    is deleted because of the amendments made to Rule 4001. Rule 9033,
    which is new, contains specific provisions governing the extension
    of time to file objections to proposed findings of fact and
    conclusions of law.  Rule 9033 is added to the rules referred to in
    paragraph (3).
      Subdivision (c). Rule 4001(b)(2) and (c)(2) provide that a final
    hearing on a motion to use cash collateral or a motion for
    authority to obtain credit may be held no earlier than 15 days
    after the filing of the motion.  These two rules are added to
    paragraph (2) to make it clear that the 15 day period may not be
    reduced.  Rule 9033 is also added to paragraph (2).
      Subdivision (g) is new.  Under Sec. 557 of the Code, as enacted
    by the 1984 amendments, the court is directed to expedite grain
    storage facility cases.  This subdivision makes it clear this rule
    does not limit the court's authority under Sec. 557.
      The original Advisory Committee Note to this rule included the 25
    day notice period of Rule 2002(b) as a time period which may not be
    reduced under Rule 9006(c)(2). This was an error.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1989 AMENDMENT
      Prior to 1987, subdivision (a) provided that intermediate
    weekends and legal holidays would not be counted in the computation
    of a time period if the prescribed or allowed time was less than 7
    days.  This rule was amended in 1987 to conform to Fed. R. Civ. P.
    6(a) which provides for the exclusion of intermediate weekends and
    legal holidays if the time prescribed or allowed is less than 11
    days.  An undesirable result of the 1987 amendment was that 10-day
    time periods prescribed in the interest of prompt administration of
    bankruptcy cases were extended to at least 14 calendar days.
      As a result of the present amendment, 10-day time periods
    prescribed or allowed will no longer be extended to at least 14
    calendar days because of intermediate weekends and legal holidays.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      As a result of the 1989 amendment to this rule, the method of
    computing time under subdivision (a) is not the same as the method
    of computing time under Rule 6(a) F.R.Civ.P. Subdivision (a) is
    amended to provide that it governs the computation of time periods
    prescribed by the Federal Rules of Civil Procedure when the
    Bankruptcy Rules make a civil rule applicable to a bankruptcy case
    or proceeding.
      Subdivision (b)(2) is amended because of the deletion of Rule
    1019(2). Reference to Rule 9015(f) is deleted because of the
    abrogation of Rule 9015 in 1987.
      Subdivision (b)(3) is amended to limit the enlargement of time
    regarding dismissal of a chapter 7 case for substantial abuse in
    accordance with Rule 1017(e).
           NOTES OF ADVISORY COMMITTEE ON RULES - 1996 AMENDMENT
      Subdivision (c)(2) is amended to conform to the abrogation of
    Rule 2002(a)(4) and the renumbering of Rule 2002(a)(8) to Rule
    2002(a)(7).
      GAP Report on Rule 9006. No changes since publication, except for
    a stylistic change.
                 COMMITTEE NOTES ON RULES - 1999 AMENDMENT
      Rule 9006(b)(2) is amended to conform to the abrogation of Rule
    1017(b)(3).
      GAP Report on Rule 9006. The proposed amendment to Rule
    9006(b)(2) has been added as a technical change to conform to the
    abrogation of Rule 1017(b)(3). The proposed amendment to Rule
    9006(c)(2), providing that the time under Rule 1019(6) to file a
    request for payment of an administrative expense after a case is
    converted to chapter 7 could not be reduced by the court, was
    deleted.  The proposed amendments to Rule 1019(6) have been changed
    so that the court will fix the time for filing the request for
    payment.  Since the court will fix the time limit, the court should
    have the power to reduce it.  See GAP Report to Rule 1019(6).
 
-REFTEXT-
                             REFERENCES IN TEXT
      The Federal Rules of Civil Procedure, referred to in subd. (a),
    are set out in the Appendix to Title 28, Judiciary and Judicial
    Procedure.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 9007                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART IX - GENERAL PROVISIONS
 
-HEAD-
    Rule 9007. General Authority to Regulate Notices
 
-STATUTE-
      When notice is to be given under these rules, the court shall
    designate, if not otherwise specified herein, the time within
    which, the entities to whom, and the form and manner in which the
    notice shall be given.  When feasible, the court may order any
    notices under these rules to be combined.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987.)
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 9008                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART IX - GENERAL PROVISIONS
 
-HEAD-
    Rule 9008. Service or Notice by Publication
 
-STATUTE-
      Whenever these rules require or authorize service or notice by
    publication, the court shall, to the extent not otherwise specified
    in these rules, determine the form and manner thereof, including
    the newspaper or other medium to be used and the number of
    publications.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 9009                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART IX - GENERAL PROVISIONS
 
-HEAD-
    Rule 9009. Forms
 
-STATUTE-
      The Official Forms prescribed by the Judicial Conference of the
    United States shall be observed and used with alterations as may be
    appropriate.  Forms may be combined and their contents rearranged
    to permit economies in their use.  The Director of the
    Administrative Office of the United States Courts may issue
    additional forms for use under the Code. The forms shall be
    construed to be consistent with these rules and the Code.
 
-SOURCE-
    (As amended Apr. 30, 1991, eff.  Aug. 1, 1991.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      The rule continues the obligatory character of the Official Forms
    in the interest of facilitating the processing of the paperwork of
    bankruptcy administration, but provides that Official Forms will be
    prescribed by the Judicial Conference of the United States. The
    Supreme Court and the Congress will thus be relieved of the burden
    of considering the large number of complex forms used in bankruptcy
    practice.  The use of the Official Forms has generally been held
    subject to a ''rule of substantial compliance'' and some of these
    rules, for example Rule 1002, specifically state that the filed
    document need only ''conform substantially'' to the Official Form.
    See also Rule 9005. The second sentence recognizes the propriety of
    combining and rearranging Official Forms to take advantage of
    technological developments and resulting economies.
      The Director of the Administrative Office is authorized to issue
    additional forms for the guidance of the bar.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      Rule 9029 (9009) is amended to clarify that local court rules may
    not prohibit or limit the use of the Official Forms.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 9010                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART IX - GENERAL PROVISIONS
 
-HEAD-
    Rule 9010. Representation and Appearances; Powers of Attorney
 
-STATUTE-
    (a) Authority To Act Personally or by Attorney
      A debtor, creditor, equity security holder, indenture trustee,
    committee or other party may (1) appear in a case under the Code
    and act either in the entity's own behalf or by an attorney
    authorized to practice in the court, and (2) perform any act not
    constituting the practice of law, by an authorized agent, attorney
    in fact, or proxy.
    (b) Notice of Appearance
      An attorney appearing for a party in a case under the Code shall
    file a notice of appearance with the attorney's name, office
    address and telephone number, unless the attorney's appearance is
    otherwise noted in the record.
    (c) Power of Attorney
      The authority of any agent, attorney in fact, or proxy to
    represent a creditor for any purpose other than the execution and
    filing of a proof of claim or the acceptance or rejection of a plan
    shall be evidenced by a power of attorney conforming substantially
    to the appropriate Official Form. The execution of any such power
    of attorney shall be acknowledged before one of the officers
    enumerated in 28 U.S.C. Sec. 459, Sec. 953, Rule 9012, or a person
    authorized to administer oaths under the laws of the state where
    the oath is administered.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987; Apr. 30, 1991, eff.
    Aug. 1, 1991.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      This rule is substantially the same as former Bankruptcy Rule 910
    and does not purport to change prior holdings prohibiting a
    corporation from appearing pro se.  See In re Las Colinas
    Development Corp., 585 F.2d 7 (1st Cir. 1978).
           NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT
      Subdivision (c) is amended to include a reference to Rule 9012
    which is amended to authorize a bankruptcy judge or clerk to
    administer oaths.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      References to Official Form numbers in subdivision (c) are
    deleted in anticipation of future revision and renumbering of the
    Official Forms.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 9011                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART IX - GENERAL PROVISIONS
 
-HEAD-
    Rule 9011. Signing of Papers; Representations to the Court;
        Sanctions; Verification and Copies of Papers
 
-STATUTE-
    (a) Signature
      Every petition, pleading, written motion, and other paper, except
    a list, schedule, or statement, or amendments thereto, shall be
    signed by at least one attorney of record in the attorney's
    individual name.  A party who is not represented by an attorney
    shall sign all papers.  Each paper shall state the signer's address
    and telephone number, if any.  An unsigned paper shall be stricken
    unless omission of the signature is corrected promptly after being
    called to the attention of the attorney or party.
    (b) Representations to the Court
      By presenting to the court (whether by signing, filing,
    submitting, or later advocating) a petition, pleading, written
    motion, or other paper, an attorney or unrepresented party is
    certifying that to the best of the person's knowledge, information,
    and belief, formed after an inquiry reasonable under the
    circumstances, - (FOOTNOTE 1)
       (FOOTNOTE 1) So in original.  The comma probably should not
    appear.
        (1) it is not being presented for any improper purpose, such as
      to harass or to cause unnecessary delay or needless increase in
      the cost of litigation;
        (2) the claims, defenses, and other legal contentions therein
      are warranted by existing law or by a nonfrivolous argument for
      the extension, modification, or reversal of existing law or the
      establishment of new law;
        (3) the allegations and other factual contentions have
      evidentiary support or, if specifically so identified, are likely
      to have evidentiary support after a reasonable opportunity for
      further investigation or discovery; and
        (4) the denials of factual contentions are warranted on the
      evidence or, if specifically so identified, are reasonably based
      on a lack of information or belief.
    (c) Sanctions
      If, after notice and a reasonable opportunity to respond, the
    court determines that subdivision (b) has been violated, the court
    may, subject to the conditions stated below, impose an appropriate
    sanction upon the attorneys, law firms, or parties that have
    violated subdivision (b) or are responsible for the violation.
        (1) How Initiated.
          (A) By Motion. A motion for sanctions under this rule shall
        be made separately from other motions or requests and shall
        describe the specific conduct alleged to violate subdivision
        (b). It shall be served as provided in Rule 7004. The motion
        for sanctions may not be filed with or presented to the court
        unless, within 21 days after service of the motion (or such
        other period as the court may prescribe), the challenged paper,
        claim, defense, contention, allegation, or denial is not
        withdrawn or appropriately corrected, except that this
        limitation shall not apply if the conduct alleged is the filing
        of a petition in violation of subdivision (b). If warranted,
        the court may award to the party prevailing on the motion the
        reasonable expenses and attorney's fees incurred in presenting
        or opposing the motion.  Absent exceptional circumstances, a
        law firm shall be held jointly responsible for violations
        committed by its partners, associates, and employees.
          (B) On Court's Initiative. On its own initiative, the court
        may enter an order describing the specific conduct that appears
        to violate subdivision (b) and directing an attorney, law firm,
        or party to show cause why it has not violated subdivision (b)
        with respect thereto.
        (2) Nature of Sanction; Limitations. A sanction imposed for
      violation of this rule shall be limited to what is sufficient to
      deter repetition of such conduct or comparable conduct by others
      similarly situated.  Subject to the limitations in subparagraphs
      (A) and (B), the sanction may consist of, or include, directives
      of a nonmonetary nature, an order to pay a penalty into court,
      or, if imposed on motion and warranted for effective deterrence,
      an order directing payment to the movant of some or all of the
      reasonable attorneys' fees and other expenses incurred as a
      direct result of the violation.
          (A) Monetary sanctions may not be awarded against a
        represented party for a violation of subdivision (b)(2).
          (B) Monetary sanctions may not be awarded on the court's
        initiative unless the court issues its order to show cause
        before a voluntary dismissal or settlement of the claims made
        by or against the party which is, or whose attorneys are, to be
        sanctioned.
        (3) Order. When imposing sanctions, the court shall describe
      the conduct determined to constitute a violation of this rule and
      explain the basis for the sanction imposed.
    (d) Inapplicability To Discovery
      Subdivisions (a) through (c) of this rule do not apply to
    disclosures and discovery requests, responses, objections, and
    motions that are subject to the provisions of Rules 7026 through
    7037.
    (e) Verification
      Except as otherwise specifically provided by these rules, papers
    filed in a case under the Code need not be verified.  Whenever
    verification is required by these rules, an unsworn declaration as
    provided in 28 U.S.C. Sec. 1746 satisfies the requirement of
    verification.
    (f) Copies of Signed or Verified Papers
      When these rules require copies of a signed or verified paper, it
    shall suffice if the original is signed or verified and the copies
    are conformed to the original.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987; Apr. 30, 1991, eff.
    Aug. 1, 1991; Apr. 11, 1997, eff.  Dec. 1, 1997.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      Subdivision (a). Excepted from the papers which an attorney for a
    debtor must sign are lists, schedules, statements of financial
    affairs, statements of executory contracts, Chapter 13 Statements
    and amendments thereto.  Rule 1008 requires that these documents be
    verified by the debtor.  Although the petition must also be
    verified, counsel for the debtor must sign the petition.  See
    Official Form No. 1. An unrepresented party must sign all papers.
      The last sentence of this subdivision authorizes a broad range of
    sanctions.
      The word ''document'' is used in this subdivision to refer to all
    papers which the attorney or party is required to sign.
      Subdivision (b) extends to all papers filed in cases under the
    Code the policy of minimizing reliance on the formalities of
    verification which is reflected in the third sentence of Rule 11
    F.R.Civ.P. The second sentence of subdivision (b) permits the
    substitution of an unsworn declaration for the verification.  See
    28 U.S.C. Sec. 1746. Rules requiring verification or an affidavit
    are as follows: Rule 1008, petitions, schedules, statements of
    financial affairs, Chapter 13 Statements and amendments; Rule
    2006(e), list of multiple proxies and statement of facts and
    circumstances regarding their acquisition; Rule 4001(c), motion for
    ex parte relief from stay; Rule 7065, incorporating Rule 65(b)
    F.R.Civ.P. governing issuance of temporary restraining order; Rule
    8011(d), affidavit in support of emergency motion on appeal.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT
      The statement of intention of the debtor under Sec. 521(2) of the
    Code is added to the documents which counsel is not required to
    sign.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      Subdivision (a) is amended to conform to Rule 11 F.R.Civ.P. where
    appropriate, but also to clarify that it applies to the unnecessary
    delay or needless increase in the cost of the administration of the
    case.  Deletion of the references to specific statements that are
    excluded from the scope of this subdivision is stylistic.  As used
    in subdivision (a) of this rule, ''statement'' is limited to the
    statement of financial affairs and the statement of intention
    required to be filed under Rule 1007. Deletion of the reference to
    the Chapter 13 Statement is consistent with the amendment to Rule
    1007(b).
           NOTES OF ADVISORY COMMITTEE ON RULES - 1997 AMENDMENT
      This rule is amended to conform to the 1993 changes to F.R.Civ.P.
    11. For an explanation of these amendments, see the advisory
    committee note to the 1993 amendments to F.R.Civ.P. 11.
      The ''safe harbor'' provision contained in subdivision (c)(1)(A),
    which prohibits the filing of a motion for sanctions unless the
    challenged paper is not withdrawn or corrected within a prescribed
    time after service of the motion, does not apply if the challenged
    paper is a petition.  The filing of a petition has immediate
    serious consequences, including the imposition of the automatic
    stay under Sec. 362 of the Code, which may not be avoided by the
    subsequent withdrawal of the petition.  In addition, a petition for
    relief under chapter 7 or chapter 11 may not be withdrawn unless
    the court orders dismissal of the case for cause after notice and a
    hearing.
      GAP Report on Rule 9011. The proposed amendments to subdivision
    (a) were revised to clarify that a party not represented by an
    attorney must sign lists, schedules, and statements, as well as
    other papers that are filed.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 9012                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART IX - GENERAL PROVISIONS
 
-HEAD-
    Rule 9012. Oaths and Affirmations
 
-STATUTE-
    (a) Persons Authorized To Administer Oaths
      The following persons may administer oaths and affirmations and
    take acknowledgments: a bankruptcy judge, clerk, deputy clerk,
    United States trustee, officer authorized to administer oaths in
    proceedings before the courts of the United States or under the
    laws of the state where the oath is to be taken, or a diplomatic or
    consular officer of the United States in any foreign country.
    (b) Affirmation in Lieu of Oath
      When in a case under the Code an oath is required to be taken a
    solemn affirmation may be accepted in lieu thereof.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987; Apr. 30, 1991, eff.
    Aug. 1, 1991.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      This rule is derived from Rule 43(d) F.R.Civ.P.
      The provisions of former Bankruptcy Rule 912(a) relating to who
    may administer oaths have been deleted as unnecessary.  Bankruptcy
    judges and the clerks and deputy clerks of bankruptcy courts are
    authorized by statute to administer oaths and affirmations and to
    take acknowledgments. 28 U.S.C. Sec. 459, 953. A person designated
    to preside at the meeting of creditors has authority under Rule
    2003(b)(1) to administer the oath.  Administration of the oath at a
    deposition is governed by Rule 7028.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT
      Subdivision (a) has been added to the rule to authorize
    bankruptcy judges and clerks to administer oaths.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      This rule is amended to conform to the 1986 amendment to Sec. 343
    which provides that the United States trustee may administer the
    oath to the debtor at the Sec. 341 meeting.  This rule also allows
    the United States trustee to administer oaths and affirmations and
    to take acknowledgments in other situations.  This amendment also
    affects Rule 9010(c) relating to the acknowledgment of a power of
    attorney.  The words ''United States trustee'' include a designee
    of the United States trustee pursuant to Rule 9001 and Sec. 102(9)
    of the Code.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 9013                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART IX - GENERAL PROVISIONS
 
-HEAD-
    Rule 9013. Motions: Form and Service
 
-STATUTE-
      A request for an order, except when an application is authorized
    by these rules, shall be by written motion, unless made during a
    hearing.  The motion shall state with particularity the grounds
    therefor, and shall set forth the relief or order sought.  Every
    written motion other than one which may be considered ex parte
    shall be served by the moving party on the trustee or debtor in
    possession and on those entities specified by these rules or, if
    service is not required or the entities to be served are not
    specified by these rules, the moving party shall serve the entities
    the court directs.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      This rule is derived from Rule 5(a) and Rule 7(b)(1) F.R.Civ.P.
    Except when an application is specifically authorized by these
    rules, for example an application under Rule 2014 for approval of
    the employment of a professional, all requests for court action
    must be made by motion.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 9014                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART IX - GENERAL PROVISIONS
 
-HEAD-
    Rule 9014. Contested Matters
 
-STATUTE-
      In a contested matter in a case under the Code not otherwise
    governed by these rules, relief shall be requested by motion, and
    reasonable notice and opportunity for hearing shall be afforded the
    party against whom relief is sought.  No response is required under
    this rule unless the court orders an answer to a motion.  The
    motion shall be served in the manner provided for service of a
    summons and complaint by Rule 7004, and, unless the court otherwise
    directs, the following rules shall apply: 7021, 7025, 7026,
    7028-7037, 7041, 7042, 7052, 7054-7056, 7064, 7069, and 7071. The
    court may at any stage in a particular matter direct that one or
    more of the other rules in Part VII shall apply.  An entity that
    desires to perpetuate testimony may proceed in the same manner as
    provided in Rule 7027 for the taking of a deposition before an
    adversary proceeding.  The clerk shall give notice to the parties
    of the entry of any order directing that additional rules of Part
    VII are applicable or that certain of the rules of Part VII are not
    applicable.  The notice shall be given within such time as is
    necessary to afford the parties a reasonable opportunity to comply
    with the procedures made applicable by the order.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987; Apr. 26, 1999, eff.
    Dec. 1, 1999.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      Rules 1017(d), 3020(b)(1), 4001(a), 4003(d), and 6006(a), which
    govern respectively dismissal or conversion of a case, objections
    to confirmation of a plan, relief from the automatic stay and the
    use of cash collateral, avoidance of a lien under Sec. 552(f) of
    the Code, and the assumption or rejection of executory contracts or
    unexpired leases, specifically provide that litigation under those
    rules shall be as provided in Rule 9014. This rule also governs
    litigation in other contested matters.
      Whenever there is an actual dispute, other than an adversary
    proceeding, before the bankruptcy court, the litigation to resolve
    that dispute is a contested matter.  For example, the filing of an
    objection to a proof of claim, to a claim of exemption, or to a
    disclosure statement creates a dispute which is a contested
    matter.  Even when an objection is not formally required, there may
    be a dispute.  If a party in interest opposes the amount of
    compensation sought by a professional, there is a dispute which is
    a contested matter.
      When the rules of Part VII are applicable to a contested matter,
    reference in the Part VII rules to adversary proceedings is to be
    read as a reference to a contested matter.  See Rule 9002(1).
                 COMMITTEE NOTES ON RULES - 1999 AMENDMENT
      This rule is amended to delete Rule 7062 from the list of Part
    VII rules that automatically apply in a contested matter.
      Rule 7062 provides that Rule 62 F.R.Civ.P., which governs stays
    of proceedings to enforce a judgment, is applicable in adversary
    proceedings.  The provisions of Rule 62, including the ten-day
    automatic stay of the enforcement of a judgment provided by Rule 62(a) 
    and the stay as a matter of right by posting a supersedeas
    bond provided in Rule 62(d), are not appropriate for most orders
    granting or denying motions governed by Rule 9014.
      Although Rule 7062 will not apply automatically in contested
    matters, the amended rule permits the court, in its discretion, to
    order that Rule 7062 apply in a particular matter, and Rule 8005
    gives the court discretion to issue a stay or any other appropriate
    order during the pendency of an appeal on such terms as will
    protect the rights of all parties in interest.  In addition,
    amendments to Rules 3020, 4001, 6004, and 6006 automatically stay
    certain types of orders for a period of ten days, unless the court
    orders otherwise.
      GAP Report on Rule 9014. No changes since publication.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 9015                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART IX - GENERAL PROVISIONS
 
-HEAD-
    Rule 9015. Jury Trials
 
-STATUTE-
    (a) Applicability of Certain Federal Rules of Civil Procedure
      Rules 38, 39, and 47-51 F.R.Civ.P., and Rule 81(c) F.R.Civ.P.
    insofar as it applies to jury trials, apply in cases and
    proceedings, except that a demand made pursuant to Rule 38(b)
    F.R.Civ.P. shall be filed in accordance with Rule 5005.
    (b) Consent To Have Trial Conducted by Bankruptcy Judge
      If the right to a jury trial applies, a timely demand has been
    filed pursuant to Rule 38(b) F.R.Civ.P., and the bankruptcy judge
    has been specially designated to conduct the jury trial, the
    parties may consent to have a jury trial conducted by a bankruptcy
    judge under 28 U.S.C. Sec. 157(e) by jointly or separately filing a
    statement of consent within any applicable time limits specified by
    local rule.
 
-SOURCE-
    (Added Apr. 11, 1997, eff.  Dec. 1, 1997.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1997
      This rule provides procedures relating to jury trials.  This rule
    is not intended to expand or create any right to trial by jury
    where such right does not otherwise exist.
      GAP Report on Rule 9015. No changes to the published draft.
 
-REFTEXT-
                             REFERENCES IN TEXT
      The Federal Rules of Civil Procedure, referred to in text, are
    set out in the Appendix to Title 28, Judiciary and Judicial
    Procedure.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 9016                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART IX - GENERAL PROVISIONS
 
-HEAD-
    Rule 9016. Subpoena
 
-STATUTE-
      Rule 45 F.R.Civ.P. applies in cases under the Code.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      Although Rule 7004(d) authorizes nationwide service of process,
    Rule 45 F.R.Civ.P. limits the subpoena power to the judicial
    district and places outside the district which are within 100 miles
    of the place of trial or hearing.
 
-REFTEXT-
                             REFERENCES IN TEXT
      The Federal Rules of Civil Procedure, referred to in text, are
    set out in the Appendix to Title 28, Judiciary and Judicial
    Procedure.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 9017                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART IX - GENERAL PROVISIONS
 
-HEAD-
    Rule 9017. Evidence
 
-STATUTE-
      The Federal Rules of Evidence and Rules 43, 44 and 44.1
    F.R.Civ.P. apply in cases under the Code.
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      Sections 251 and 252 of Public Law 95-598, amended Rule 1101 of
    the Federal Rules of Evidence to provide that the Federal Rules of
    Evidence apply in bankruptcy courts and to any case or proceeding
    under the Code. Rules 43, 44 and 44.1 of the F.R.Civ.P., which
    supplement the Federal Rules of Evidence, are by this rule made
    applicable to cases under the Code.
      Examples of bankruptcy rules containing matters of an evidentiary
    nature are: Rule 2011, evidence of debtor retained in possession;
    Rule 3001(f), proof of claim constitutes prima facie evidence of
    the amount and validity of a claim; and Rule 5007(c), sound
    recording of court proceedings constitutes the record of the
    proceedings.
 
-REFTEXT-
                             REFERENCES IN TEXT
      The Federal Rules of Evidence and the Federal Rules of Civil
    Procedure, referred to in text, are set out in the Appendix to
    Title 28, Judiciary and Judicial Procedure.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 9018                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART IX - GENERAL PROVISIONS
 
-HEAD-
    Rule 9018. Secret, Confidential, Scandalous, or Defamatory Matter
 
-STATUTE-
      On motion or on its own initiative, with or without notice, the
    court may make any order which justice requires (1) to protect the
    estate or any entity in respect of a trade secret or other
    confidential research, development, or commercial information, (2)
    to protect any entity against scandalous or defamatory matter
    contained in any paper filed in a case under the Code, or (3) to
    protect governmental matters that are made confidential by statute
    or regulation.  If an order is entered under this rule without
    notice, any entity affected thereby may move to vacate or modify
    the order, and after a hearing on notice the court shall determine
    the motion.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      This rule provides the procedure for invoking the court's power
    under Sec. 107 of the Code.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 9019                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART IX - GENERAL PROVISIONS
 
-HEAD-
    Rule 9019. Compromise and Arbitration
 
-STATUTE-
    (a) Compromise
      On motion by the trustee and after notice and a hearing, the
    court may approve a compromise or settlement.  Notice shall be
    given to creditors, the United States trustee, the debtor, and
    indenture trustees as provided in Rule 2002 and to any other entity
    as the court may direct.
    (b) Authority To Compromise or Settle Controversies Within Classes
      After a hearing on such notice as the court may direct, the court
    may fix a class or classes of controversies and authorize the
    trustee to compromise or settle controversies within such class or
    classes without further hearing or notice.
    (c) Arbitration
      On stipulation of the parties to any controversy affecting the
    estate the court may authorize the matter to be submitted to final
    and binding arbitration.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987; Apr. 30, 1991, eff.
    Aug. 1, 1991; Apr. 22, 1993, eff.  Aug. 1, 1993.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      Subdivisions (a) and (c) of this rule are essentially the same as
    the provisions of former Bankruptcy Rule 919 and subdivision (b) is
    the same as former Rule 8-514(b), which was applicable to railroad
    reorganizations.  Subdivision (b) permits the court to deal
    efficiently with a case in which there may be a large number of
    settlements.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      This rule is amended to enable the United States trustee to
    object or otherwise be heard in connection with a proposed
    compromise or settlement and otherwise to monitor the progress of
    the case.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1993 AMENDMENT
      Subdivision (a) is amended to conform to the language of Sec.
    102(1) of the Code. Other amendments are stylistic and make no
    substantive change.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 9020                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART IX - GENERAL PROVISIONS
 
-HEAD-
    Rule 9020. Contempt Proceedings
 
-STATUTE-
    (a) Contempt Committed in Presence of Bankruptcy Judge
      Contempt committed in the presence of a bankruptcy judge may be
    determined summarily by a bankruptcy judge.  The order of contempt
    shall recite the facts and shall be signed by the bankruptcy judge
    and entered of record.
    (b) Other Contempt
      Contempt committed in a case or proceeding pending before a
    bankruptcy judge, except when determined as provided in subdivision
    (a) of this rule, may be determined by the bankruptcy judge only
    after a hearing on notice.  The notice shall be in writing, shall
    state the essential facts constituting the contempt charged and
    describe the contempt as criminal or civil and shall state the time
    and place of hearing, allowing a reasonable time for the
    preparation of the defense.  The notice may be given on the court's
    own initiative or on application of the United States attorney or
    by an attorney appointed by the court for that purpose.  If the
    contempt charged involves disrespect to or criticism of a
    bankruptcy judge, that judge is disqualified from presiding at the
    hearing except with the consent of the person charged.
    (c) Service and Effective Date of Order; Review
      The clerk shall serve forthwith a copy of the order of contempt
    on the entity named therein.  The order shall be effective 10 days
    after service of the order and shall have the same force and effect
    as an order of contempt entered by the district court unless,
    within the 10 day period, the entity named therein serves and files
    objections prepared in the manner provided in Rule 9033(b). If
    timely objections are filed, the order shall be reviewed as
    provided in Rule 9033.
    (d) Right to Jury Trial
      Nothing in this rule shall be construed to impair the right to
    jury trial whenever it otherwise exists.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987; Apr. 30, 1991, eff.
    Aug. 1, 1991.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      Section 1481 of Title 28 provides that a bankruptcy court ''may
    not . . . punish a criminal contempt not committed in the presence
    of the judge of the court or warranting a punishment of
    imprisonment.'' Rule 9020 does not enlarge the power of bankruptcy
    courts.
      Subdivision (a) is adapted from former Bankruptcy Rule 920 and
    Rule 42 F.R.Crim.P. Paragraph (1) of the subdivision permits
    summary imposition of punishment for contempt if the conduct is in
    the presence of the court and is of such nature that the conduct
    ''obstruct(s) the administration of justice.'' See 18 U.S.C. Sec.
    401(a). Cases interpreting Rule 42(a) F.R.Crim.P. have held that
    when criminal contempt is in question summary disposition should be
    the exception: summary disposition should be reserved for
    situations where it is necessary to protect the judicial
    institution. 3 Wright, Federal Practice & Procedure - Criminal Sec.
    707 (1969). Those cases are equally pertinent to the application of
    this rule and, therefore, contemptuous conduct in the presence of
    the judge may often be punished only after the notice and hearing
    requirements of subdivision (b) are satisfied.
      If the bankruptcy court concludes it is without power to punish
    or to impose the proper punishment for conduct which constitutes
    contempt, subdivision (a)(3) authorizes the bankruptcy court to
    certify the matter to the district court.
      Subdivision (b) makes clear that when a person has a
    constitutional or statutory right to a jury trial in a criminal
    contempt matter this rule in no way affects that right.  See Frank
    v.  United States, 395 U.S. 147 (1969).
      The Federal Rules of Civil Procedure do not specifically provide
    the procedure for the imposition of civil contempt sanctions.  The
    decisional law governing the procedure for imposition of civil
    sanctions by the district courts will be equally applicable to the
    bankruptcy courts.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT
      The United States Bankruptcy Courts, as constituted under the
    Bankruptcy Reform Act of 1978, were courts of law, equity, and
    admiralty with an inherent contempt power, but former 28 U.S.C.
    Sec. 1481 restricted the criminal contempt power of bankruptcy
    judges.  Under the 1984 amendments, bankruptcy judges are judicial
    officers of the district court, 28 U.S.C. Sec. 151, 152(a)(1).
    There are no decisions by the courts of appeals concerning the
    authority of bankruptcy judges to punish for either civil or
    criminal contempt under the 1984 amendments.  This rule, as
    amended, recognizes that bankruptcy judges may not have the power
    to punish for contempt.
      Sound judicial administration requires that the initial
    determination of whether contempt has been committed should be made
    by the bankruptcy judge.  If timely objections are not filed to the
    bankruptcy judge's order, the order has the same force and effect
    as an order of the district court.  If objections are filed within
    10 days of service of the order, the district court conducts a de
    novo review pursuant to Rule 9033 and any order of contempt is
    entered by the district court on completion of the court's review
    of the bankruptcy judge's order.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      The words ''with the clerk'' in subdivision (c) are deleted as
    unnecessary.  See Rules 5005(a) and 9001(3).
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 9021                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART IX - GENERAL PROVISIONS
 
-HEAD-
    Rule 9021. Entry of Judgment
 
-STATUTE-
      Except as otherwise provided herein, Rule 58 F.R.Civ.P. applies
    in cases under the Code. Every judgment entered in an adversary
    proceeding or contested matter shall be set forth on a separate
    document.  A judgment is effective when entered as provided in Rule
    5003. The reference in Rule 58 F.R.Civ.P. to Rule 79(a) F.R.Civ.P.
    shall be read as a reference to Rule 5003 of these rules.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      Subdivision (a). This rule is derived from Rule 58 F.R.Civ.P. The
    requirement that a judgment entered in an adversary proceeding or
    contested matter be set forth on a separate document is to
    eliminate uncertainty as to whether an opinion or memorandum of the
    court is a judgment.  There is no sound reason to require that
    every order in a case under the Code be evidenced by a separate
    document.
      Subdivision (b) establishes a procedure for entering a judgment
    of a bankruptcy court for the recovery of money or property in an
    index of judgments kept by the clerk of the district court.  It
    clarifies the availability of the same remedies for the enforcement
    of a bankruptcy court judgment as those provided for the
    enforcement of a district court judgment.  See 28 U.S.C. Sec.
    1961-63. When indexed in accordance with subdivision (b) of this
    rule a judgment of the bankruptcy court may be found by anyone
    searching for liens of record in the judgment records of the
    district court.  Certification of a copy of the judgment to the
    clerk of the district court provides a basis for registration of
    the judgment pursuant to 28 U.S.C. Sec. 1963 in any other
    district.  When so registered, the judgment may be enforced by
    issuance of execution and orders for supplementary proceedings that
    may be served anywhere within the state where the registering court
    sits.  See 7 Moore, Federal Practice 2409-11 (2d ed. 1971). The
    procedures available in the district court are not exclusive,
    however, and the holder of a judgment entered by the bankruptcy
    court may use the remedies under Rules 7069 and 7070 even if the
    judgment is indexed by the clerk of the district court.
      Subdivision (c) makes it clear that when a district court hears a
    matter reserved to it by 28 U.S.C. Sec. 1471, 1481, its judgments
    are entered in the district court's civil docket and in the docket
    of the bankruptcy court.  When the district court acts as an
    appellate court, Rule 8016(a) governs the entry of judgments on
    appeal.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT
      Former subdivision (a) was derived from Rule 58 F.R.Civ.P. As
    amended, Rule 9021 adopts Rule 58. The reference in Rule 58 to 
    Rule 79(a) F.R.Civ.P. is to be read as a reference to Rule 5003.
 
-REFTEXT-
                             REFERENCES IN TEXT
      The Federal Rules of Civil Procedure, referred to in text, are
    set out in the Appendix to Title 28, Judiciary and Judicial
    Procedure.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 9022                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART IX - GENERAL PROVISIONS
 
-HEAD-
    Rule 9022. Notice of Judgment or Order
 
-STATUTE-
    (a) Judgment or Order of Bankruptcy Judge
      Immediately on the entry of a judgment or order the clerk shall
    serve a notice of the entry by mail in the manner provided by Rule
    7005 on the contesting parties and on other entities as the court
    directs.  Unless the case is a chapter 9 municipality case, the
    clerk shall forthwith transmit to the United States trustee a copy
    of the judgment or order.  Service of the notice shall be noted in
    the docket.  Lack of notice of the entry does not affect the time
    to appeal or relieve or authorize the court to relieve a party for
    failure to appeal within the time allowed, except as permitted in
    Rule 8002.
    (b) Judgment or Order of District Judge
      Notice of a judgment or order entered by a district judge is
    governed by Rule 77(d) F.R.Civ.P. Unless the case is a chapter 9
    municipality case, the clerk shall forthwith transmit to the United
    States trustee a copy of a judgment or order entered by a district
    judge.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987; Apr. 30, 1991, eff.
    Aug. 1, 1991.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      Subdivision (a) of this rule is an adaptation of Rule 77(d)
    F.R.Civ.P.
      Subdivision (b) complements Rule 9021(b). When a district court
    acts as an appellate court, Rule 8016(b) requires the clerk to give
    notice of the judgment on appeal.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      This rule is amended to enable the United States trustee to be
    informed of all developments in the case so that administrative and
    supervisory functions provided in 28 U.S.C. Sec. 586(a) may be
    performed.
 
-REFTEXT-
                             REFERENCES IN TEXT
      The Federal Rules of Civil Procedure, referred to in subd. (b),
    are set out in the Appendix to Title 28, Judiciary and Judicial
    Procedure.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 9023                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART IX - GENERAL PROVISIONS
 
-HEAD-
    Rule 9023. New Trials; Amendment of Judgments
 
-STATUTE-
      Rule 59 F.R.Civ.P. applies in cases under the Code, except as
    provided in Rule 3008.
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      Rule 59 F.R.Civ.P. regulates motions for a new trial and
    amendment of judgment.  Those motions must be served within 10 days
    of the entry of judgment.  No similar time limit is contained in
    Rule 3008 which governs reconsideration of claims.
 
-REFTEXT-
                             REFERENCES IN TEXT
      The Federal Rules of Civil Procedure, referred to in text, are
    set out in the Appendix to Title 28, Judiciary and Judicial
    Procedure.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 9024                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART IX - GENERAL PROVISIONS
 
-HEAD-
    Rule 9024. Relief from Judgment or Order
 
-STATUTE-
      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(b), (2) a complaint to revoke a
    discharge in a chapter 7 liquidation case may be filed only within
    the time allowed by Sec. 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 Sec. 1144, Sec. 1230, or Sec. 1330.
 
-SOURCE-
    (As amended Apr. 30, 1991, eff.  Aug. 1, 1991.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      Motions to reopen cases are governed by Rule 5010.
    Reconsideration of orders allowing and disallowing claims is
    governed by Rule 3008. For the purpose of this rule all orders of
    the bankruptcy court are subject to Rule 60 F.R.Civ.P.
      Pursuant to Sec. 727(e) of the Code a complaint to revoke a
    discharge must be filed within one year of the entry of the
    discharge or, when certain grounds of revocation are asserted, the
    later of one year after the entry of the discharge or the date the
    case is closed.  Under Sec. 1144 and Sec. 1330 of the Code a party
    must file a complaint to revoke an order confirming a chapter 11 or
    13 plan within 180 days of its entry.  Clauses (2) and (3) of this
    rule make it clear that the time periods established by Sec.
    727(e), 1144 and 1330 of the Code may not be circumvented by the
    invocation of F.R.Civ.P. 60(b).
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      Clause (3) is amended to include a reference to Sec. 1230 of the
    Code which contains time limitations relating to revocation of
    confirmation of a chapter 12 plan.  The time periods prescribed by
    Sec. 1230 may not be circumvented by the invocation of F.R.Civ.P.
    60(b).
 
-REFTEXT-
                             REFERENCES IN TEXT
      The Federal Rules of Civil Procedure, referred to in text, are
    set out in the Appendix to Title 28, Judiciary and Judicial
    Procedure.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 9025                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART IX - GENERAL PROVISIONS
 
-HEAD-
    Rule 9025. Security: Proceedings Against Sureties
 
-STATUTE-
      Whenever the Code or these rules require or permit the giving of
    security by a party, and security is given in the form of a bond or
    stipulation or other undertaking with one or more sureties, each
    surety submits to the jurisdiction of the court, and liability may
    be determined in an adversary proceeding governed by the rules in
    Part VII.
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      This rule is an adaptation of Rule 65.1 F.R.Civ.P. and applies to
    any surety on a bond given pursuant to Sec. 303(e) of the Code,
    Rules 2001, 2010, 5008, 7062, 7065, 8005, or any other rule
    authorizing the giving of such security.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 9026                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART IX - GENERAL PROVISIONS
 
-HEAD-
    Rule 9026. Exceptions Unnecessary
 
-STATUTE-
      Rule 46 F.R.Civ.P. applies in cases under the Code.
 
-REFTEXT-
                             REFERENCES IN TEXT
      The Federal Rules of Civil Procedure, referred to in text, are
    set out in the Appendix to Title 28, Judiciary and Judicial
    Procedure.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 9027                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART IX - GENERAL PROVISIONS
 
-HEAD-
    Rule 9027. Removal
 
-STATUTE-
    (a) Notice of Removal
      (1) Where Filed; Form and Content. A notice of removal shall be
    filed with the clerk for the district and division within which is
    located the state or federal court where the civil action is
    pending.  The notice shall be signed pursuant to Rule 9011 and
    contain a short and plain statement of the facts which entitle the
    party filing the notice to remove, contain a statement that upon
    removal of the claim or cause of action the proceeding is core or
    non-core and, if non-core, that the party filing the notice does or
    does not consent to entry of final orders or judgment by the
    bankruptcy judge, and be accompanied by a copy of all process and
    pleadings.
      (2) Time for Filing; Civil Action Initiated Before Commencement
    of the Case Under the Code. If the claim or cause of action in a
    civil action is pending when a case under the Code is commenced, a
    notice of removal may be filed only within the longest of (A) 90
    days after the order for relief in the case under the Code, (B) 30
    days after entry of an order terminating a stay, if the claim or
    cause of action in a civil action has been stayed under Sec. 362 of
    the Code, or (C) 30 days after a trustee qualifies in a chapter 11
    reorganization case but not later than 180 days after the order for
    relief.
      (3) Time for Filing; Civil Action Initiated After Commencement of
    the Case Under the Code. If a case under the Code is pending when a
    claim or cause of action is asserted in another court, a notice of
    removal may be filed with the clerk only within the shorter of (A)
    30 days after receipt, through service or otherwise, of a copy of
    the initial pleading setting forth the claim or cause of action
    sought to be removed or (B) 30 days after receipt of the summons if
    the initial pleading has been filed with the court but not served
    with the summons.
    (b) Notice
      Promptly after filing the notice of removal, the party filing the
    notice shall serve a copy of it on all parties to the removed claim
    or cause of action.
    (c) Filing in Non-Bankruptcy Court
      Promptly after filing the notice of removal, the party filing the
    notice shall file a copy of it with the clerk of the court from
    which the claim or cause of action is removed.  Removal of the
    claim or cause of action is effected on such filing of a copy of
    the notice of removal.  The parties shall proceed no further in
    that court unless and until the claim or cause of action is
    remanded.
    (d) Remand
      A motion for remand of the removed claim or cause of action shall
    be governed by Rule 9014 and served on the parties to the removed
    claim or cause of action.
    (e) Procedure After Removal
      (1) After removal of a claim or cause of action to a district
    court the district court or, if the case under the Code has been
    referred to a bankruptcy judge of the district, the bankruptcy
    judge, may issue all necessary orders and process to bring before
    it all proper parties whether served by process issued by the court
    from which the claim or cause of action was removed or otherwise.
      (2) The district court or, if the case under the Code has been
    referred to a bankruptcy judge of the district, the bankruptcy
    judge may require the party filing the notice of removal to file
    with the clerk copies of all records and proceedings relating to
    the claim or cause of action in the court from which the claim or
    cause of action was removed.
      (3) Any party who has filed a pleading in connection with the
    removed claim or cause of action, other than the party filing the
    notice of removal, shall file a statement admitting or denying any
    allegation in the notice of removal that upon removal of the claim
    or cause of action the proceeding is core or non-core.  If the
    statement alleges that the proceeding is non-core, it shall state
    that the party does or does not consent to entry of final orders or
    judgment by the bankruptcy judge.  A statement required by this
    paragraph shall be signed pursuant to Rule 9011 and shall be filed
    not later than 10 days after the filing of the notice of removal.
    Any party who files a statement pursuant to this paragraph shall
    mail a copy to every other party to the removed claim or cause of
    action.
    (f) Process After Removal
      If one or more of the defendants has not been served with
    process, the service has not been perfected prior to removal, or
    the process served proves to be defective, such process or service
    may be completed or new process issued pursuant to Part VII of
    these rules.  This subdivision shall not deprive any defendant on
    whom process is served after removal of the defendant's right to
    move to remand the case.
    (g) Applicability of Part VII
      The rules of Part VII apply to a claim or cause of action removed
    to a district court from a federal or state court and govern
    procedure after removal.  Repleading is not necessary unless the
    court so orders.  In a removed action in which the defendant has
    not answered, the defendant shall answer or present the other
    defenses or objections available under the rules of Part VII within
    20 days following the receipt through service or otherwise of a
    copy of the initial pleading setting forth the claim for relief on
    which the action or proceeding is based, or within 20 days
    following the service of summons on such initial pleading, or
    within five days following the filing of the notice of removal,
    whichever period is longest.
    (h) Record Supplied
      When a party is entitled to copies of the records and proceedings
    in any civil action or proceeding in a federal or a state court, to
    be used in the removed civil action or proceeding, and the clerk of
    the federal or state court, on demand accompanied by payment or
    tender of the lawful fees, fails to deliver certified copies, the
    court may, on affidavit reciting the facts, direct such record to
    be supplied by affidavit or otherwise.  Thereupon the proceedings,
    trial and judgment may be had in the court, and all process
    awarded, as if certified copies had been filed.
    (i) Attachment or Sequestration; Securities
      When a claim or cause of action is removed to a district court,
    any attachment or sequestration of property in the court from which
    the claim or cause of action was removed shall hold the property to
    answer the final judgment or decree in the same manner as the
    property would have been held to answer final judgment or decree
    had it been rendered by the court from which the claim or cause of
    action was removed.  All bonds, undertakings, or security given by
    either party to the claim or cause of action prior to its removal
    shall remain valid and effectual notwithstanding such removal.  All
    injunctions issued, orders entered and other proceedings had prior
    to removal shall remain in full force and effect until dissolved or
    modified by the court.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987; Apr. 30, 1991, eff.
    Aug. 1, 1991.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      Under 28 U.S.C. Sec. 1478(a) ''any claim or cause of action in a
    civil action, other than a proceeding before the United States Tax
    Court or a civil action by a Government unit to enforce (a) . . .
    regulatory or police power'' may be removed ''if the bankruptcy
    courts have jurisdiction over such claim or cause of action.'' This
    rule specifies how removal is accomplished, the procedure
    thereafter, and the procedure to request remand of the removed
    claim or cause of action.  If the claim or cause of action which is
    removed to the bankruptcy court is subject to the automatic stay of
    Sec. 362 of the Code, the litigation may not proceed in the
    bankruptcy court until relief from the stay is granted.
      The subdivisions of this rule conform substantially to 28 U.S.C.
    Sec. 1446-1450 and Rule 81(a) F.R.Civ.P. pertaining to removal to
    the district courts.
      Subdivision (a)(1) is derived from 28 U.S.C. Sec. 1446(a).
      Subdivisions (a)(2) and (a)(3) are derived from paragraphs one
    and two of 28 U.S.C. Sec. 1446(b). Timely exercise of the right to
    remove is as important in bankruptcy cases as in removals from a
    state court to a district court.
      Subdivision (a)(2) governs the situation in which there is
    litigation pending and a party to the litigation becomes a debtor
    under the Code. Frequently, removal would be of little utility in
    such cases because the pending litigation will be stayed by Sec.
    362(a) on commencement of the case under the Code. As long as the
    stay remains in effect there is no reason to impose a time limit
    for removal to the bankruptcy court and, therefore, clause (B) of
    subdivision (a)(2) provides that a removal application may be filed
    within 30 days of entry of an order terminating the stay.  Parties
    to stayed litigation will not be required to act immediately on
    commencement of a case under the Code to protect their right to
    remove.  If the pending litigation is not stayed by Sec. 362(a) of
    the Code, the removal application must ordinarily be filed within
    90 days of the order for relief.  Clause (C) contains an
    alternative period for a chapter 11 case.  If a trustee is
    appointed, the removal application may be filed within 30 days of
    the trustee's qualification, provided that the removal application
    is filed not more than 180 days after the order for relief.
      The removal application must be filed within the longest of the
    three possible periods.  For example, in a chapter 11 case if the
    90 day period expires but a trustee is appointed shortly
    thereafter, the removal application may be filed within 30 days of
    the trustee's qualification but not later than 180 days after the
    order for relief.  Nevertheless, if the claim or cause of action in
    the civil action is stayed under Sec. 362, the application may be
    filed after the 180 day period expires, provided the application is
    filed within 30 days of an order terminating the stay.
      Subdivision (a)(3) applies to the situation in which the case
    under the Code is pending when the removable claim or cause of
    action is asserted in a civil action initiated in other than the
    bankruptcy court.  The time for filing the application for removal
    begins to run on receipt of the first pleading containing the
    removable claim or cause of action.  Only litigation not stayed by
    the Code or by court order may properly be initiated after the case
    under the Code is commenced.  See e.g., Sec. 362(a).
      Subdivision (b). With one exception, this subdivision is the same
    as 28 U.S.C. Sec. 1446(d). The exemption from the bond requirement
    is enlarged to include a trustee or debtor in possession.  Complete
    exemption from the bond requirement for removal is appropriate
    because of the limited resources which may be available at the
    beginning of a case and the small probability that an action will
    be improperly removed.
      Recovery on the bond is permitted only when the removal was
    improper.  If the removal is proper but the bankruptcy court orders
    the action remanded on equitable grounds, 28 U.S.C. Sec. 1478(b),
    there is no recovery on the bond.
      Subdivisions (c) and (d) are patterned on 28 U.S.C. Sec. 1446(e).
      Subdivision (e). There is no provision in the Federal Rules of
    Civil Procedure for seeking remand.  The first sentence of this
    subdivision requires that a request for remand be by motion and
    that the moving party serve all other parties; however, no hearing
    is required.  In recognition of the intrusion of the removal
    practice on the state and federal courts from which claims or
    causes of action are removed, the subdivision directs the
    bankruptcy court to decide remand motions as soon as practicable.
    The last sentence of this subdivision is derived from 28 U.S.C.
    Sec. 1446(c)
      Subdivisions (f) and (g), with appropriate changes to conform
    them to the bankruptcy context, are the same as 28 U.S.C. Sec.
    1447(a) and (b) and 28 U.S.C. Sec. 1448, respectively.
      Subdivisions (h) and (i) are taken from Rule 81(c) F.R.Civ.P.
      Subdivisions (j) and (k) are derived from 28 U.S.C. Sec. 1449 and
    Sec. 1450, respectively.
      Remand orders of bankruptcy judges are not appealable. 28 U.S.C.
    Sec. 1478(b).
      This rule does not deal with the question whether a single
    plaintiff or defendant may remove a claim or cause of action if
    there are two or more plaintiffs or defendants.  See 28 U.S.C. Sec.
    1478.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT
      Section 1452 of title 28, with certain exceptions, provides for
    removal of claims or causes of action in civil actions pending in
    state or federal courts when the claim or cause of action is within
    the jurisdiction conferred by 28 U.S.C. Sec. 1334. An order
    granting or denying a motion for remand is not appealable. 28
    U.S.C. Sec. 1452(b). Under subdivision (e), as amended, the
    district court must enter the order on the remand motion; however,
    the bankruptcy judge conducts the initial hearing on the motion and
    files a report and recommendation.  The parties may file
    objections.  Review of the report and recommendation is pursuant to
    Rule 9033.
      Subdivision (f) has been amended to provide that if there has
    been a referral pursuant to 28 U.S.C. Sec. 157(a) the bankruptcy
    judge will preside over the removed civil action.
      Subdivision (i) has been abrogated consistent with the abrogation
    of Rule 9015.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      The abrogation of subdivision (b) is consistent with the repeal
    of 28 U.S.C. Sec. 1446(d). The changes substituting the notice of
    removal for the application for removal conform to the 1988
    amendments to 28 U.S.C. Sec. 1446.
      Rules 7008(a) and 7012(b) were amended in 1987 to require parties
    to allege in pleadings whether a proceeding is core or non-core
    and, if non-core, whether the parties consent to the entry of final
    orders or judgment by the bankruptcy judge.  Subdivision (a)(1) is
    amended and subdivision (f)(3) is added to require parties to a
    removed claim or cause of action to make the same allegations.  The
    party filing the notice of removal must include the allegation in
    the notice and the other parties who have filed pleadings must
    respond to the allegation in a separate statement filed within 10
    days after removal.  However, if a party to the removed claim or
    cause of action has not filed a pleading prior to removal, there is
    no need to file a separate statement under subdivision (f)(3)
    because the allegation must be included in the responsive pleading
    filed pursuant to Rule 7012(b).
      Subdivision (e), redesignated as subdivision (d), is amended to
    delete the restriction that limits the role of the bankruptcy court
    to the filing of a report and recommendation for disposition of a
    motion for remand under 28 U.S.C. Sec. 1452(b). This amendment is
    consistent with Sec. 309(c) of the Judicial Improvements Act of
    1990, which amended Sec. 1452(b) so that it allows an appeal to the
    district court of a bankruptcy court's order determining a motion
    for remand.  This subdivision is also amended to clarify that the
    motion is a contested matter governed by Rule 9014. The words
    ''filed with the clerk'' are deleted as unnecessary.  See Rules
    5005(a) and 9001(3).
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 9028                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART IX - GENERAL PROVISIONS
 
-HEAD-
    Rule 9028. Disability of a Judge
 
-STATUTE-
      Rule 63 F.R.Civ.P. applies in cases under the Code.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      This rule is an adaptation of Rule 63 F.R.Civ.P.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT
      Rule 9028 has been changed to adopt the procedures contained in
    Rule 63 of the Federal Rules of Civil Procedure for substituting a
    judge in the event of disability.
 
-REFTEXT-
                             REFERENCES IN TEXT
      The Federal Rules of Civil Procedure, referred to in text, are
    set out in the Appendix to Title 28, Judiciary and Judicial
    Procedure.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 9029                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART IX - GENERAL PROVISIONS
 
-HEAD-
    Rule 9029. Local Bankruptcy Rules; Procedure When There is No
        Controlling Law
 
-STATUTE-
    (a) Local Bankruptcy Rules
      (1) Each district court acting by a majority of its district
    judges may make and amend rules governing practice and procedure in
    all cases and proceedings within the district court's bankruptcy
    jurisdiction which are consistent with - but not duplicative of -
    Acts of Congress and these rules and which do not prohibit or limit
    the use of the Official Forms. Rule 83 F.R.Civ.P. governs the
    procedure for making local rules.  A district court may authorize
    the bankruptcy judges of the district, subject to any limitation or
    condition it may prescribe and the requirements of 83 F.R.Civ.P.,
    to make and amend rules of practice and procedure which are
    consistent with - but not duplicative of - Acts of Congress and
    these rules and which do not prohibit or limit the use of the
    Official Forms. Local rules shall conform to any uniform numbering
    system prescribed by the Judicial Conference of the United States.
      (2) A local rule imposing a requirement of form shall not be
    enforced in a manner that causes a party to lose rights because of
    a nonwillful failure to comply with the requirement.
    (b) Procedure When There is No Controlling Law
      A judge may regulate practice in any manner consistent with
    federal law, these rules, Official Forms, and local rules of the
    district.  No sanction or other disadvantage may be imposed for
    noncompliance with any requirement not in federal law, federal
    rules, Official Forms, or the local rules of the district unless
    the alleged violator has been furnished in the particular case with
    actual notice of the requirement.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987; Apr. 30, 1991, eff.
    Aug. 1, 1991; Apr. 27, 1995, eff.  Dec. 1, 1995.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      This rule is an adaptation of Rule 83 F.R.Civ.P. and Rule 57(a)
    F.R.Crim.P. Under this rule bankruptcy courts may make local rules
    which govern practice before those courts.  Circuit councils and
    district courts are authorized by Rule 8018 to make local rules
    governing appellate practice.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT
      Rule 9029 is amended to authorize the district court to
    promulgate local rules governing bankruptcy practice.  This rule,
    as amended, permits the district court to authorize the bankruptcy
    judges to promulgate or recommend local rules for adoption by the
    district court.
      Effective August 1, 1985, Rule 83 F.R.Civ.P., governing adoption
    of local rules, was amended to achieve greater participation by the
    bar, scholars, and the public in the rule making process; to
    authorize the judicial council to abrogate local rules; and to make
    certain that single-judge standing orders are not inconsistent with
    these rules or local rules.  Rule 9029 has been amended to
    incorporate Rule 83. The term ''court'' in the last sentence of the
    rule includes the judges of the district court and the bankruptcy
    judges of the district.  Rule 9001(4).
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      This rule is amended to make it clear that the Official Forms
    must be accepted in every bankruptcy court.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1995 AMENDMENT
      Subdivision (a). This rule is amended to reflect the requirement
    that local rules be consistent not only with applicable national
    rules but also with Acts of Congress. The amendment also states
    that local rules should not repeat applicable national rules and
    Acts of Congress.
      The amendment also requires that the numbering of local rules
    conform with any uniform numbering system that may be prescribed by
    the Judicial Conference. Lack of uniform numbering might create
    unnecessary traps for counsel and litigants.  A uniform numbering
    system would make it easier for an increasingly national bar and
    for litigants to locate a local rule that applies to a particular
    procedural issue.
      Paragraph (2) of subdivision (a) is new.  Its aim is to protect
    against loss of rights in the enforcement of local rules relating
    to matters of form.  For example, a party should not be deprived of
    a right to a jury trial because its attorney, unaware of - or
    forgetting - a local rule directing that jury demands be noted in
    the caption of the case, includes a jury demand only in the body of
    the pleading.  The proscription of paragraph (2) is narrowly drawn
    - covering only violations that are not willful and only those
    involving local rules directed to matters of form.  It does not
    limit the court's power to impose substantive penalties upon a
    party if it or its attorney stubbornly or repeatedly violates a
    local rule, even one involving merely a matter of form.  Nor does
    it affect the court's power to enforce local rules that involve
    more than mere matters of form - for example, a local rule
    requiring that a party demand a jury trial within a specified time
    period to avoid waiver of the right to a trial by jury.
      Subdivision (b). This rule provides flexibility to the court in
    regulating practice when there is no controlling law.
    Specifically, it permits the court to regulate practice in any
    manner consistent with federal law, with rules adopted under 28
    U.S.C. Sec. 2075, with Official Forms, and with the district's
    local rules.
      This rule recognizes that courts rely on multiple directives to
    control practice.  Some courts regulate practice through the
    published Federal Rules and the local rules of the court.  Some
    courts also have used internal operating procedures, standing
    orders, and other internal directives.  Although such directives
    continue to be authorized, they can lead to problems.  Counsel or
    litigants may be unaware of various directives.  In addition, the
    sheer volume of directives may impose an unreasonable barrier.  For
    example, it may be difficult to obtain copies of the directives.
    Finally, counsel or litigants may be unfairly sanctioned for
    failing to comply with a directive.  For these reasons, the
    amendment to this rule disapproves imposing any sanction or other
    disadvantage on a person for noncompliance with such an internal
    directive, unless the alleged violator has been furnished in a
    particular case with actual notice of the requirement.
      There should be no adverse consequence to a party or attorney for
    violating special requirements relating to practice before a
    particular judge unless the party or attorney has actual notice of
    those requirements.  Furnishing litigants with a copy outlining the
    judge's practices - or attaching instructions to a notice setting a
    case for conference or trial - would suffice to give actual notice,
    as would an order in a case specifically adopting by reference a
    judge's standing order and indicating how copies can be obtained.
 
-REFTEXT-
                             REFERENCES IN TEXT
      The Federal Rules of Civil Procedure, referred to in subd.
    (a)(1), are set out in the Appendix to Title 28, Judiciary and
    Judicial Procedure.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 9030                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART IX - GENERAL PROVISIONS
 
-HEAD-
    Rule 9030. Jurisdiction and Venue Unaffected
 
-STATUTE-
      These rules shall not be construed to extend or limit the
    jurisdiction of the courts or the venue of any matters therein.
 
-SOURCE-
    (As amended Mar. 30, 1987, eff.  Aug. 1, 1987.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      The rule is an adaptation of Rule 82 F.R.Civ.P.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 9031                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART IX - GENERAL PROVISIONS
 
-HEAD-
    Rule 9031. Masters Not Authorized
 
-STATUTE-
      Rule 53 F.R.Civ.P. does not apply in cases under the Code.
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1983
      This rule precludes the appointment of masters in cases and
    proceedings under the Code.
 
-REFTEXT-
                             REFERENCES IN TEXT
      The Federal Rules of Civil Procedure, referred to in text, are
    set out in the Appendix to Title 28, Judiciary and Judicial
    Procedure.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 9032                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART IX - GENERAL PROVISIONS
 
-HEAD-
    Rule 9032. Effect of Amendment of Federal Rules of Civil Procedure
 
-STATUTE-
      The Federal Rules of Civil Procedure which are incorporated by
    reference and made applicable by these rules shall be the Federal
    Rules of Civil Procedure in effect on the effective date of these
    rules and as thereafter amended, unless otherwise provided by such
    amendment or by these rules.
 
-SOURCE-
    (As amended Apr. 30, 1991, eff.  Aug. 1, 1991.)
 
-MISC1-
           NOTES OF ADVISORY COMMITTEE ON RULES - 1991 AMENDMENT
      This rule is amended to provide flexibility so that the
    Bankruptcy Rules may provide that subsequent amendments to a
    Federal Rule of Civil Procedure made applicable by these rules are
    not effective with regard to Bankruptcy Code cases or proceedings.
    For example, in view of the anticipated amendments to, and
    restructuring of, Rule 4 F.R.Civ.P., Rule 7004(g) will prevent such
    changes from affecting Bankruptcy Code cases until the Advisory
    Committee on Bankruptcy Rules has an opportunity to consider such
    amendments and to make appropriate recommendations for
    incorporating such amendments into the Bankruptcy Rules.
 
-REFTEXT-
                             REFERENCES IN TEXT
      The Federal Rules of Civil Procedure, referred to in text, are
    set out in the Appendix to Title 28, Judiciary and Judicial
    Procedure.
      The effective date of these rules, referred to in text, is Aug.
    1, 1983. See Effective Date note set out prec.  Rule 1001 of this
    Appendix.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 9033                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART IX - GENERAL PROVISIONS
 
-HEAD-
    Rule 9033. Review of Proposed Findings of Fact and Conclusions of
        Law in Non-Core Proceedings
 
-STATUTE-
    (a) Service
      In non-core proceedings heard pursuant to 28 U.S.C. Sec.
    157(c)(1), the bankruptcy judge shall file proposed findings of
    fact and conclusions of law.  The clerk shall serve forthwith
    copies on all parties by mail and note the date of mailing on the
    docket.
    (b) Objections: Time for Filing
      Within 10 days after being served with a copy of the proposed
    findings of fact and conclusions of law a party may serve and file
    with the clerk written objections which identify the specific
    proposed findings or conclusions objected to and state the grounds
    for such objection.  A party may respond to another party's
    objections within 10 days after being served with a copy thereof.
    A party objecting to the bankruptcy judge's proposed findings or
    conclusions shall arrange promptly for the transcription of the
    record, or such portions of it as all parties may agree upon or the
    bankruptcy judge deems sufficient, unless the district judge
    otherwise directs.
    (c) Extension of Time
      The bankruptcy judge may for cause extend the time for filing
    objections by any party for a period not to exceed 20 days from the
    expiration of the time otherwise prescribed by this rule.  A
    request to extend the time for filing objections must be made
    before the time for filing objections has expired, except that a
    request made no more than 20 days after the expiration of the time
    for filing objections may be granted upon a showing of excusable
    neglect.
    (d) Standard of Review
      The district judge shall make a de novo review upon the record
    or, after additional evidence, of any portion of the bankruptcy
    judge's findings of fact or conclusions of law to which specific
    written objection has been made in accordance with this rule.  The
    district judge may accept, reject, or modify the proposed findings
    of fact or conclusions of law, receive further evidence, or
    recommit the matter to the bankruptcy judge with instructions.
 
-SOURCE-
    (Added Mar. 30, 1987, eff.  Aug. 1, 1987.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1987
      Section 157(c)(1) of title 28 requires a bankruptcy judge to
    submit proposed findings of fact and conclusions of law to the
    district court when the bankruptcy judge has heard a non-core
    proceeding.  This rule, which is modeled on Rule 72 F.R.Civ.P.,
    provides the procedure for objecting to, and for review by, the
    district court of specific findings and conclusions.
      Subdivision (a) requires the clerk to serve a copy of the
    proposed findings and conclusions on the parties.  The bankruptcy
    clerk, or the district court clerk if there is no bankruptcy clerk
    in the district, shall serve a copy of the proposed findings and
    conclusions on all parties.
      Subdivision (b) is derived from Rule 72(b) F.R.Civ.P. which
    governs objections to a recommended disposition by a magistrate.
      Subdivision (c) is similar to Rule 8002(c) of the Bankruptcy
    Rules and provides for granting of extensions of time to file
    objections to proposed findings and conclusions.
      Subdivision (d) adopts the de novo review provisions of 
    Rule 72(b) F.R.Civ.P.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 9034                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART IX - GENERAL PROVISIONS
 
-HEAD-
    Rule 9034. Transmittal of Pleadings, Motion Papers, Objections, and
        Other Papers to the United States Trustee
 
-STATUTE-
      Unless the United States trustee requests otherwise or the case
    is a chapter 9 municipality case, any entity that files a pleading,
    motion, objection, or similar paper relating to any of the
    following matters shall transmit a copy thereof to the United
    States trustee within the time required by these rules for service
    of the paper:
        (a) a proposed use, sale, or lease of property of the estate
      other than in the ordinary course of business;
        (b) the approval of a compromise or settlement of a
      controversy;
        (c) the dismissal or conversion of a case to another chapter;
        (d) the employment of professional persons;
        (e) an application for compensation or reimbursement of
      expenses;
        (f) a motion for, or approval of an agreement relating to, the
      use of cash collateral or authority to obtain credit;
        (g) the appointment of a trustee or examiner in a chapter 11
      reorganization case;
        (h) the approval of a disclosure statement;
        (i) the confirmation of a plan;
        (j) an objection to, or waiver or revocation of, the debtor's
      discharge;
        (k) any other matter in which the United States trustee
      requests copies of filed papers or the court orders copies
      transmitted to the United States trustee.
 
-SOURCE-
    (Added Apr. 30, 1991, eff.  Aug. 1, 1991.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1991
      Section 307 of the Code gives the United States trustee the right
    to appear and be heard on issues in cases and proceedings under the
    Code. This rule is intended to keep the United States trustee
    informed of certain developments and disputes in which the United
    States trustee may wish to be heard.  This rule, which derives from
    Rule X-1008, also enables the United States trustee to monitor the
    progress of the case in accordance with 28 U.S.C. Sec. 586(a). The
    requirement to transmit copies of certain pleadings, motion papers
    and other documents is intended to be flexible in that the United
    States trustee in a particular judicial district may request copies
    of papers in certain categories, and may request not to receive
    copies of documents in other categories, when the practice in that
    district makes that desirable.  When the rules require that a paper
    be served on particular parties, the time period in which service
    is required is also applicable to transmittal to the United States
    trustee.
      Although other rules require that certain notices be transmitted
    to the United States trustee, this rule goes further in that it
    requires the transmittal to the United States trustee of other
    papers filed in connection with these matters.  This rule is not an
    exhaustive list of the matters of which the United States trustee
    may be entitled to receive notice.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 9035                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART IX - GENERAL PROVISIONS
 
-HEAD-
    Rule 9035. Applicability of Rules in Judicial Districts in Alabama
        and North Carolina
 
-STATUTE-
      In any case under the Code that is filed in or transferred to a
    district in the State of Alabama or the State of North Carolina and
    in which a United States trustee is not authorized to act, these
    rules apply to the extent that they are not inconsistent with any
    federal statute effective in the case.
 
-SOURCE-
    (Added Apr. 30, 1991, eff.  Aug. 1, 1991; amended Apr. 11, 1997,
    eff.  Dec. 1, 1997.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1991
      Section 302(d)(3) of the Bankruptcy Judges, United States
    Trustees, and Family Farmer Bankruptcy Act of 1986 provides that
    amendments to the Code relating to United States trustees and
    quarterly fees required under 28 U.S.C. Sec. 1930(a)(6) do not
    become effective in any judicial district in the States of Alabama
    and North Carolina until the district elects to be included in the
    United States trustee system, or October 1, 1992, whichever occurs
    first, unless Congress extends the deadline.  If the United States
    trustee system becomes effective in these districts, the transition
    provisions in the 1986 Act will govern the application of the
    United States trustee amendments to cases that are pending at that
    time.  See Sec. 302(d)(3)(F). The statute, and not the bankruptcy
    court, determines whether a United States trustee is authorized to
    act in a particular case.
      Section 302(d)(3)(I) of the 1986 Act authorizes the Judicial
    Conference of the United States to promulgate regulations governing
    the appointment of bankruptcy administrators to supervise the
    administration of estates and trustees in cases in the districts in
    Alabama and North Carolina until the provisions of the Act relating
    to the United States trustee take effect in these districts.
    Pursuant to this authority, in September 1987, the Judicial
    Conference promulgated regulations governing the selection and
    appointment of bankruptcy administrators and regulations governing
    the establishment, duties, and functions of bankruptcy
    administrators.  Guidelines relating to the bankruptcy
    administrator program have been prescribed by the Director of the
    Administrative Office of the United States Courts.
      Many of these rules were amended to implement the United States
    trustee system in accordance with the 1986 Act. Since the
    provisions of the 1986 Act relating to the United States trustee
    system are not effective in cases in Alabama and North Carolina in
    which a bankruptcy administrator is serving, rules referring to
    United States trustees are at least partially inconsistent with the
    provisions of the Bankruptcy Code and title 28 of the United States
    Code effective in such cases.
      In determining the applicability of these rules in cases in
    Alabama and North Carolina in which a United States trustee is not
    authorized to act, the following guidelines should be followed:
        (1) The following rules do not apply because they are
      inconsistent with the provisions of the Code or title 28 in these
      cases: 1002(b), 1007(1), 1009(c), 2002(k), 2007.1(b), 2015(a)(6),
      2020, 3015(b), 5005(b), 7004(b)(10), 9003(b), and 9034.
        (2) The following rules are partially inconsistent with the
      provisions of the Code effective in these cases and, therefore,
      are applicable with the following modifications:
          (a) Rule 2001(a) and (c) - The court, rather than the United
        States trustee, appoints the interim trustee.
          (b) Rule 2003 - The duties of the United States trustee
        relating to the meeting of creditors or equity security holders
        are performed by the officer determined in accordance with
        regulations of the Judicial Conference, guidelines of the
        Director of the Administrative Office, local rules or court
        orders.
          (c) Rule 2007 - The court, rather than the United States
        trustee, appoints committees in chapter 9 and chapter 11 cases.
          (d) Rule 2008 - The bankruptcy administrator, rather than the
        United States trustee, informs the trustee of how to qualify.
          (e) Rule 2009(c) and (d) - The court, rather than the United
        States trustee, appoints interim trustees in chapter 7 cases
        and trustees in chapter 11, 12 and 13 cases.
          (f) Rule 2010 - The court, rather than the United States
        trustee, determines the amount and sufficiency of the trustee's
        bond.
          (g) Rule 5010 - The court, rather than the United States
        trustee, appoints the trustee when a case is reopened.
        (3) All other rules are applicable because they are consistent
      with the provisions of the Code and title 28 effective in these
      cases, except that any reference to the United States trustee is
      not applicable and should be disregarded.
      Many of the amendments to the rules are designed to give the
    United States trustee, a member of the Executive Branch, notice of
    certain developments and copies of petitions, schedules, pleadings,
    and other papers.  In contrast, the bankruptcy administrator is an
    officer in the Judicial Branch and matters relating to notice of
    developments and access to documents filed in the clerk's office
    are governed by regulations of the Judicial Conference of the
    United States, guidelines of the Administrative Office of the
    United States Courts, local rules, and court orders.  Also,
    requirements for disclosure of connections with the bankruptcy
    administrator in applications for employment of professional
    persons, restrictions on appointments of relatives of bankruptcy
    administrators, effects of erroneously filing papers with the
    bankruptcy administrator, and other matters not covered by these
    rules may be governed by regulations of the Judicial Conference,
    guidelines of the Director of the Administrative Office, local
    rules, and court orders.
      This rule will cease to have effect if a United States trustee is
    authorized in every case in the districts in Alabama and North
    Carolina.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1997 AMENDMENT
      Certain statutes that are not codified in title 11 or title 28 of
    the United States Code, such as Sec. 105 of the Bankruptcy Reform
    Act of 1994, Pub. L. 103-394, 108 Stat. 4106, relate to bankruptcy
    administrators in the judicial districts of North Carolina and
    Alabama. This amendment makes it clear that the Bankruptcy Rules do
    not apply to the extent that they are inconsistent with these
    federal statutes.
      GAP Report on Rule 9035. No changes to the published draft.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Rule 9036                 01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    PART IX - GENERAL PROVISIONS
 
-HEAD-
    Rule 9036. Notice by Electronic Transmission
 
-STATUTE-
      Whenever the clerk or some other person as directed by the court
    is required to send notice by mail and the entity entitled to
    receive the notice requests in writing that, instead of notice by
    mail, all or part of the information required to be contained in
    the notice be sent by a specified type of electronic transmission,
    the court may direct the clerk or other person to send the
    information by such electronic transmission.  Notice by electronic
    transmission is complete, and the sender shall have fully complied
    with the requirement to send notice, when the sender obtains
    electronic confirmation that the transmission has been received.
 
-SOURCE-
    (Added Apr. 22, 1993, eff.  Aug. 1, 1993.)
 
-MISC1-
                NOTES OF ADVISORY COMMITTEE ON RULES - 1993
      This rule is added to provide flexibility for banks, credit card
    companies, taxing authorities, and other entities that ordinarily
    receive notices by mail in a large volume of bankruptcy cases, to
    arrange to receive by electronic transmission all or part of the
    information required to be contained in such notices.
      The use of electronic technology instead of mail to send
    information to creditors and interested parties will be more
    convenient and less costly for the sender and the receiver.  For
    example, a bank that receives by mail, at different locations,
    notices of meetings of creditors pursuant to Rule 2002(a) in
    thousands of cases each year may prefer to receive only the vital
    information ordinarily contained in such notices by electronic
    transmission to one computer terminal.
      The specific means of transmission must be compatible with
    technology available to the sender and the receiver.  Therefore,
    electronic transmission of notices is permitted only upon request
    of the entity entitled to receive the notice, specifying the type
    of electronic transmission, and only if approved by the court.
      Electronic transmission pursuant to this rule completes the
    notice requirements.  The creditor or interested party is not
    thereafter entitled to receive the relevant notice by mail.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES (PART X - UNITED
                  STATES TRUSTEES) (Abrogated Apr. 30, 1991,
                  eff. Aug. 1, 1991)                             01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    (PART X - UNITED STATES TRUSTEES) (Abrogated Apr. 30, 1991, eff.
         Aug. 1, 1991)
    .
 
-HEAD-
    (PART X - UNITED STATES TRUSTEES) (Abrogated Apr. 30, 1991, eff.
    Aug. 1, 1991)
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES OFFICIAL FORMS            01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    OFFICIAL FORMS
    .
 
-HEAD-
    OFFICIAL FORMS
 
-MISC1-
      (Note: These official forms should be observed and used with such
    alterations as may be appropriate to suit the circumstances.  See
    Rule 9009.)
                   INTRODUCTION AND GENERAL INSTRUCTIONS
      Rule 9009 of the Federal Rules of Bankruptcy Procedure states
    that the Official Forms prescribed by the Judicial Conference of
    the United States ''shall be observed and used.'' The Official
    Forms, accordingly, are obligatory in character.
      Rule 9009 expressly permits the user of the Official Forms to
    make such ''alterations as may be appropriate,'' and the use of the
    Official Forms has been held to be subject to a ''rule of
    substantial compliance.'' Some rules, for example Fed.R.Bankr.P.
    3001(a), specifically state that the filed document need only
    ''conform substantially'' to the Official Form. A document for
    which an Official Form is prescribed generally will meet the
    standard of substantial compliance if the document contains the
    complete substance, that is, all of the information required by the
    Official Form.
      Rule 9009 also expressly permits the contents of Official Forms
    to be rearranged, and the format of the Official Forms
    traditionally has been quite flexible.  The forms of the voluntary
    petition, the schedules, and the statement of financial affairs are
    printed and sold by private publishers.  Design features such as
    type face, type size, layout, and side and top margins were not
    prescribed by the Judicial Conference, but rather left to the
    professional judgment of each publisher.
      A great deal of variation, accordingly, has developed.  Some
    publishers also add forms that are not official but which have been
    drafted by the publisher.  A form for a chapter 13 plan, for
    example, frequently is included with commercially printed packages
    of forms for filing cases under chapter 13, although there is no
    Official Form for this purpose.  The variety of formats has
    accelerated since the introduction of computer software for
    generating the petitions, schedules, and statements of affairs.  It
    is the policy of the Judicial Conference that such diversity is
    desirable and should be encouraged.
      The sheer volume of bankruptcy cases, however, has compelled the
    Judicial Conference, for the first time, to prescribe the format of
    certain Official Forms. In particular, the format of Form 1, the
    Voluntary Petition, now is prescribed.  This format is designed to
    assist the clerk of the bankruptcy court to enter the case in the
    court's computer database and ensures that all required information
    is available to both the clerk and the United States trustee at the
    inception of the case.  The rule of substantial compliance
    continues to apply, however.  Accordingly, publishers may vary the
    size and style of the type and may alter the size and shape of the
    boxes on the form, within the bounds of that rule.
      The Official Forms of the petitions, schedules, and statement of
    financial affairs, (Forms 1, 5, 6, and 7), are to be printed on one
    side of the paper only.  Each page is to be prepunched with two
    holes at the top, and sufficient top margin allowed so that neither
    caption nor text is destroyed or obscured.  Compliance with these
    standards will facilitate both the securing of the papers in the
    case file and review of the file by the public.
      Although Rule 9009 permits alteration, for most of the Official
    Forms, alteration will be appropriate only in rare circumstances.
    The special forms for chapter 11 cases, on the other hand, seldom
    will be used without alterations.  Forms 12 through 15, while
    legally sufficient in any chapter 11 case, are intended by the
    Judicial Conference, and most often will be used, as a framework
    for drafting a document specially tailored to the particular case.
    These alterations generally will take the form of additions to the
    prescribed elements.
      Rule 9009 provides for a balance of prescribed substance, to
    which full adherence is expected in all but the most unusual cases,
    and flexible formatting, under which requirements are kept to the
    minimum necessary for proper operation of the courts and the
    bankruptcy system.  While Rule 9009 recognizes the overall need for
    flexibility, Rule 9029 makes it clear that the Official Forms must
    be accepted in every bankruptcy court.
      Under Rule 9029, courts may not reject documents presented for
    filing in novel or unfamiliar formats if those documents contain
    the substance prescribed by the Official Form and meet the
    requirements for one-sided printing, pre-punched holes, and
    adequate top margins.  Nor are courts authorized to impose local
    forms which vary in substance from the Official Forms or reject
    papers presented for filing on Official Forms on the basis that the
    proffered documents differ from a locally preferred version.
             SPECIAL INSTRUCTIONS FOR COMPUTER-GENERATED FORMS
      In Form 1, the Voluntary Petition, if a box contains multiple
    choices, a computer-generated petition that shows only the choice
    made is acceptable for filing.  All sections of the petition must
    be shown and completed, however, unless instructions on the
    Official Form of the petition state that the box is applicable only
    to cases filed under a chapter other than the one selected by the
    debtor.  If the debtor has no information to provide for a
    particular box, for example if the debtor has no prior bankruptcies
    to report, a computer-generated petition should so indicate by
    stating ''None.''
      Form 6, the Schedules, on which the debtor reports all of the
    debtor's assets and liabilities, has been prescribed in a columnar
    format.  Columns help to organize the information which the debtor
    is required to report and should be used when the printed schedules
    are completed on a typewriter.  In a computerized law office,
    however, the organizational structure of the schedules can be built
    into the computer program, and a rigid columnar format may be a
    hindrance rather than a help.  Schedules generated by computer
    which provide all of the information requested by the prescribed
    form are fully acceptable, regardless of the format of the printed
    page.  The information must be appropriately labeled, however.  In
    Schedule B, for example, all of the categories of personal property
    must be printed on the filed document together with the debtor's
    response to each.  The space occupied by each category may be
    expanded, however, so that attachments are not needed.
    Instructions provided on the printed forms can simply be built into
    the computer program; they need not be reprinted on the filed
    document.
      Form 7, the Statement of Financial Affairs, contains a series of
    questions which direct the debtor to answer by furnishing
    information.  If the answer to a question is ''None,'' or the
    question is not applicable, an affirmative statement to that effect
    is required.  To assure that the trustee and the creditors can
    review the debtor's statement properly, the complete text of each
    question must be printed on the filed document.
      Form 9, the Notice of Filing under the Bankruptcy Code, Meeting
    of Creditors, and Fixing of Dates, will be prepared by the clerk of
    the bankruptcy court in most cases.  The form is designed for use
    with automated printing and mailing equipment.  Two free lines,
    which do not appear on the printed blank form, have been programmed
    into the form.  Courts may use this space to add local information,
    such as directions for obtaining copies of the debtor's schedules.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Form 1                    01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    OFFICIAL FORMS
    Form 1
    .
 
-HEAD-
    Form 1 - Voluntary Petition
 
-MISC1-
     Exhibit "A", Exhibit "C", Instructions, Committee Notes

    (Added Aug. 1, 1991; amended Mar. 16, 1993; Mar. 14, 1995; Oct. 1,
    1997.)
                NOTES OF ADVISORY COMMITTEE ON RULES - 1991
      Form 1, the Voluntary Petition, is to be used to commence a
    voluntary case under chapter 7, 11, 12, or 13 of the Bankruptcy
    Code. A chapter 9 petition requires other allegations, (see Sec.
    109(c) of the Code), but this form may be adapted for such use.
    The form also may be adapted for use in filing a petition ancillary
    to a foreign proceeding under Sec. 304 of the Code.
      The form departs from the traditional format of a captioned
    pleading.  All of the elements of the caption prescribed in Rule
    1005 have been retained.  Their placement on the page, however, has
    been changed to make the form compatible with electronic data
    processing by the clerk.  The form of the caption of the case for
    use in other documents, formerly incorporated in Official Form No.
    1, has been made a separate Form 16A.
      All names used by the debtor, including trade names, names used
    in doing business, married names, and maiden names should be
    furnished in the spaces provided.  If there is not sufficient room
    for all such names on the form itself, the list should be continued
    on an additional sheet attached to the petition.  A complete list
    will enable creditors to identify the debtor properly when they
    receive notices and orders.
      Redesign of this form into a box format also is intended to
    provide the court, the United States trustee, and other interested
    parties with as much information as possible during the 15-day
    period provided by Rule 1007(c), when schedules and statements may
    not have been filed.  The box format separates into categories the
    data provided by the debtor, and enables the form to be used by all
    voluntary debtors in all chapters.
      For the first time, the form requires both a street address and
    any separate mailing address, as well as any separate addresses
    used by a joint debtor.  Disclosure of prior bankruptcies is new to
    the petition but formerly was required in the statement of
    financial affairs; its inclusion in the petition is intended to
    alert the trustee to cases in which an objection to discharge
    pursuant to Sec. 727(a)(8) or (a)(9) or a motion to dismiss under
    Sec. 109(g) may be appropriate.  The information about pending
    related cases, also new to the petition, signals the clerk to
    assign the case to the judge to whom any related case has been
    assigned.
      Rule 1008 requires all petitions to be verified or contain an
    unsworn declaration as provided in 28 U.S.C. Sec. 1746. The unsworn
    declaration on page two of the petition conforms with 28 U.S.C.
    Sec. 1746, which permits the declaration to be made in the manner
    indicated with the same force and effect as a sworn statement.  The
    form may be adapted for use outside the United States by adding the
    words ''under the laws of the United States'' after the word
    ''perjury.''
      Exhibit ''A,'' to be attached to the petition of a corporate
    debtor, is for the purpose of supplying the Securities and Exchange
    Commission with information it needs at the beginning stages of a
    chapter 11 case in order to determine how actively to monitor the
    proceedings.  Exhibit ''B'' was added by Sec. 322 of Pub. L. No.
    98-353, the Bankruptcy Amendments and Federal Judgeship Act of
    1984. The references to chapters 11 and 12 of the Code found in
    Exhibit ''B'' and its related allegations were added by Sec.
    283(aa) of the 1986 amendments, (Pub. L. No. 99-554). This exhibit
    has been included in the form of the petition.
      The form effects a merger of the petition and the bankruptcy
    cover sheet to assist the clerk in providing the statistical
    information required by the Director of the Administrative Office
    of the United States Courts pursuant to the Congressional reporting
    mandates of 28 U.S.C. Sec. 604. The Director is authorized to
    change the particulars of the statistical portion of the form as
    needed in the performance of these statutory duties.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1993 AMENDMENT
      The form has been amended to require a debtor not represented by
    an attorney to provide a telephone number so that court personnel,
    the trustee, other parties in the case, and their attorneys can
    contact the debtor concerning matters in the case.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1995 AMENDMENT
      The form is amended to provide space for signing by a
    ''bankruptcy petition preparer,'' as required under section 110 of
    the Code, which was added by the Bankruptcy Reform Act of 1994. In
    addition to signing, a bankruptcy petition preparer is required by
    section 110 to disclose the information requested.  All signatories
    of Form 1 are requested to provide the clerk's office with a
    telephone number.
      A chapter 11 debtor that qualifies as a ''small business'' under
    section 101 of the Code, as amended by the 1994 Act, may elect
    special, expedited treatment under amendments made to chapter 11 by
    the 1994 Act. The court may order that a creditors committee not be
    appointed in a small business case.  Accordingly, the first page of
    the petition is amended to require a small business filing under
    chapter 11 to identify itself.  The petition also is amended to
    offer a small business chapter 11 debtor an opportunity to exercise
    its right to elect to be considered a small business at the
    commencement of the case.
      Several clarifying and technical amendments also have been made
    to indicate that a debtor is to check only one box with respect to
    ''Type of Debtor'' and ''Nature of Debt,'' to clarify the intent
    that the individual signing on behalf of a corporation or
    partnership is authorized to file the petition, and to require a
    debtor to represent that it is eligible for relief under the
    chapter of title 11 specified in the petition.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1997 AMENDMENT
      The form has been substantially amended to simplify its format
    and make the form easier to complete correctly.  The Latin phrase
    ''In re'' has been deleted as unnecessary.  The amount of
    information requested in the boxes labeled ''Type of Debtor'' and
    ''Nature of Debt'' has been reduced, and the reporting by a
    corporation of whether it is a publicly held entity has been moved
    to Exhibit ''A'' of the petition.  The box labeled ''Representation
    by Attorney'' has been deleted; the information it contained is
    requested in the signature boxes on the second page of the form.
      In the statistical information section, the labels on the ranges
    of estimated assets and liabilities have been rewritten to improve
    the accuracy of reporting.  The asset/liability range of $10
    million to $100 million has been divided into two categories to
    promote better statistical reporting of business cases.  Requests
    for information in chapter 11 and chapter 12 cases concerning the
    number of the debtor's employees and equity security holders have
    been deleted.
      The second page of the form has been simplified so that a debtor
    need only sign the petition once.  The request for information
    concerning the filing of a plan has been deleted.
      Exhibit ''A'' has been simplified.  In addition, the category of
    chapter 11 debtors required to file Exhibit ''A'' is modified to
    include a corporation, partnership, or other entity, but only if
    the debtor has issued publicly-traded equity securities or debt
    instruments.  Most small corporations will not be required to file
    Exhibit ''A.''
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Form 2                    01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    OFFICIAL FORMS
    Form 2
    .
 
-HEAD-
    Form 2 - Declaration under Penalty of Perjury on Behalf of a 
    Corporation or Partnership
 
-MISC1-
    Instructions, Committee Notes

    (Added Aug. 1, 1991.)
                NOTES OF ADVISORY COMMITTEE ON RULES - 1991
      This form is derived from former Official Form No. 4.
      Rule 1008 requires that all petitions, lists, schedules,
    statements, and amendments thereto be verified or contain an
    unsworn declaration conforming with 28 U.S.C. Sec. 1746. This form
    or adaptations of the form have been incorporated into the official
    forms of the petitions, schedules, and statement of financial
    affairs.  See Official Forms 1, 5, 6, and 7. The form has been
    amended for use in connection with other papers required by these
    rules to be verified or contain an unsworn declaration.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Form 3                    01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    OFFICIAL FORMS
    Form 3
    .
 
-HEAD-
    Form 3 - Application and Order to Pay Filing Fee in Installments

-MISC1-
    Instructions, Committee Notes

    (Added Aug. 1, 1991; amended Mar. 14, 1995; Oct. 1, 1997.)
                NOTES OF ADVISORY COMMITTEE ON RULES - 1991
      This form is derived from former Official Form No. 2.
      A statement that the applicant is unable to pay the filing fee
    except in installments has been added as required by Rule 1006(b).
           NOTES OF ADVISORY COMMITTEE ON RULES - 1995 AMENDMENT
      This form is a ''document for filing'' that may be prepared by a
    ''bankruptcy petition preparer'' as defined in 11 U.S.C. Sec. 110,
    which was added to the Code by the Bankruptcy Reform Act of 1994;
    accordingly, a signature line is provided for such preparer.  In
    addition to signing, a bankruptcy petition preparer is required by
    section 110 to disclose the information requested.  A signature
    line for a debtor's attorney also is added, as required by Rule
    9011.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1997 AMENDMENT
      The form has been reorganized and the paragraphs numbered.  The
    debtor's certification concerning payment for services in the case
    has been placed ahead of the statement of proposed terms for
    installment payment of court fees.  Acknowledgement by the debtor
    of the potential consequences of failure to pay any installment
    when due has been added. (See 11 U.S.C. Sec. 707(a)(2).) The
    language of the form also has been changed to conform to Rule 1006
    and to clarify that a debtor is not disqualified from paying the
    filing fee in installments because the debtor has paid money to a
    bankruptcy petition preparer.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Form 4                    01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    OFFICIAL FORMS
    Form 4
    .
 
-HEAD-
    Form 4 - List of Creditors Holding 20 Largest Unsecured Claims 
 
-MISC1-
    Instructions, Committee Notes

    (Added Aug. 1, 1991; amended Mar. 16, 1993.)
                NOTES OF ADVISORY COMMITTEE ON RULES - 1991
      This form is derived from former Official Form No. 9.
      In conformity with Rule 1007(d) and in recognition of the notice
    function served by this list under Rule 4001, governmental units
    must be listed if they are among the creditors holding the 20
    largest claims.
      Rule 1008 requires all lists to be verified or contain an unsworn
    declaration conforming with 28 U.S.C. Sec. 1746.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1993 AMENDMENT
      The form has been amended to delete reference to the specific
    subsection of 11 U.S.C. Sec. 101 in connection with the definition
    of the term ''insider.'' Section 101 of the Bankruptcy Code
    contains numerous definitions, and statutory amendments from time
    to time have resulted in the renumbering of many of its
    subsections.  The more general reference will avoid the necessity
    to amend the form further in the event of future amendments to Sec.
    101.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Form 5                    01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    OFFICIAL FORMS
    Form 5
    .
 
-HEAD-
    Form 5 - Involuntary Petition
 
-MISC1-
    Instructions, Committee Notes

    (Added Aug. 1, 1991; amended Sept. 22, 1992.)

                NOTES OF ADVISORY COMMITTEE ON RULES - 1991
      This form has been redesigned in a box format similar to that of
    Form 1. See Advisory Committee Note to Form 1.
      The allegations required under Sec. 303 are grouped together, and
    a separate section has been provided for additional allegations
    based upon the prohibitions and requirements set forth in Rule
    1003(a) concerning transfer of claims by petitioning creditors.
    Petitioners may wish to supplement the allegations set forth in the
    form with a further statement of facts.  Additional information
    concerning any allegation can be requested by the debtor as part of
    the discovery process.
      Each petitioning creditor, by signing on the line provided, signs
    both the petition and the unsworn declaration which 28 U.S.C. Sec.
    1746 permits instead of verification.  The addresses as well as the
    names of individuals signing the petition in a representative
    capacity are required, together with disclosure of which petitioner
    is represented by each signatory.
      This form is intended to be used in every involuntary case,
    including that of a partnership.  The separate form for a petition
    by a partner has been abrogated.  Pursuant to Sec. 303(b)(3)(A) of
    the Code, a petition by fewer than all of the general partners
    seeking an order for relief with respect to the partnership is
    treated as an involuntary petition.  Such a petition is adversarial
    in character because not all of the partners are joining in the
    petition.
      Section 303(b)(3)(B) permits a petition against the partnership
    if relief has been ordered under the Code with respect to all of
    the general partners.  In that event, the petition may be filed by
    a general partner, a trustee of a general partner's estate, or a
    creditor of the partnership.  This form may be adapted for use in
    that type of case.
      28 U.S.C. Sec. 1408(1) specifies the proper venue alternatives
    for all persons, including partnerships, as domicile, residence,
    principal place of business, or location of principal assets.
    Venue also may be based on a pending case commenced by an
    affiliate, general partner, or partnership pursuant to 28 U.S.C.
    Sec. 1408(2). Both options are set forth in the block labeled
    ''Venue.''
      28 U.S.C. Sec. 1746 permits the unsworn declaration instead of a
    verification.  See Committee Note to Form 2.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1992 AMENDMENT
      The form has been amended to require the dating of signatures.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Form 6                    01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    OFFICIAL FORMS
    Form 6
    .
 
-HEAD-
    Form 6 - Schedules 

-MISC1-
    Summary of Schedules

    B 6A Schedule A - Real Property
    Instructions, Committee Notes (6A-J)

    B 6B Schedule B - Personal Property Form
    Instructions

    B 6C Schedule C - Property Claimed as Exempt 
    Instructions

    B 6D Schedule D - Creditors Holding Secured Claims
    Instructions 

    B 6E Schedule E - Creditors Holding Unsecured Priority Claims
    Instructions

    B 6F Schedule F - Creditors Holding Unsecured Nonpriority Claims
    Instructions 

    B 6G Schedule G - Executory Contracts and Unexpired Leases
    Instructions 

    B 6H Schedule H - Codebtors 
    Instructions 

    B 6I Schedule I - Current Income of Individual Debtor(s)
    Instructions

    B 6J Schedule J - Current Expenditures of Individual Debtor(s)
    Instructions 

    B 6 Declaration Concerning Debtor's Schedules
    Instructions 

    (Added Aug. 1, 1991; amended Mar. 16, 1993; Mar. 14, 1995; Oct. 1,
    1997.)

                NOTES OF ADVISORY COMMITTEE ON RULES - 1991
      These schedules shall be used to comply with Sec. 521(1) of the
    Code and Rule 1007(b). Schedules A, B, D, E, and F constitute the
    schedule of assets and liabilities.  Schedules I and J constitute a
    schedule of current income and current expenditures for individual
    and joint debtors.  Two new schedules have been created, Schedule G
    - Executory Contracts and Unexpired Leases, and Schedule H -
    Codebtors.
      The order of the schedules has been arranged with the summary
    sheet in front and with the schedules of assets appearing first,
    followed by the schedules of liabilities.  This structure
    corresponds to the customary pattern by which trustees and
    creditors review these documents and to the format of the
    accounting profession for balance sheets.
      The schedules require a complete listing of assets and
    liabilities but leave many of the details to investigation by the
    trustee.  Instructions in the former schedules to provide details
    concerning ''written instruments'' relating to the debtor's
    property or debts have been deleted.  Section 521(3) of the Code
    requires the debtor to cooperate with the trustee, who can
    administer the estate more effectively by requesting any documents
    from the debtor rather than relying on descriptions in the
    schedules which may prove to be inaccurate.
      Leasehold interests in both real and personal property are to be
    reported in Schedule G - Executory Contracts and Unexpired Leases.
    This information should not be repeated in the schedules of assets.
      Generally in these schedules, a creditor's claim will be listed
    only once, even if the claim is secured only in part, or is
    entitled only in part to priority under Sec. 507(a) of the Code,
    with the remainder of the claim to be treated as a general
    unsecured claim.  For example, a partially secured creditor whose
    claim is reported in Schedule D - Creditors Holding Secured Claims
    will be listed together with the value of the property securing the
    claim and a notation of the amount of any unsecured portion of the
    claim.  Information concerning the unsecured portion should not be
    repeated in Schedule F - Creditors Holding Nonpriority Unsecured
    Claims. Any resulting overstatement of the amounts owed on secured
    and priority claims as reported on the summary sheet is offset by a
    corresponding understatement of the amount owed on unsecured
    claims.
      If a debtor has no property or no creditors in a particular
    category, an affirmative statement to that effect is required.
    Married debtors should indicate whether property is jointly or
    separately owned and whether spouses are jointly or separately
    liable for debts, using the columns provided in the schedules.
      Former ''Schedule B-3. Property not otherwise scheduled,'' has
    been deleted and its two questions moved.  Schedule B - Personal
    Property now includes at item 33, ''Other personal property of any
    kind not already listed.'' The only other question on former
    Schedule B-3 concerned assignments for the benefit of creditors; it
    has been moved to the Statement of Financial Affairs.
      Schedule A - Real Property. Instructions at the top of the form
    indicate the scope of the interests in property to be reported on
    the schedule.  Leasehold interests of the debtor are not reported
    here but on the Schedule of Executory Contracts and Unexpired
    Leases. The trustee will request copies of deeds or other
    instruments necessary to the administration of the estate.
      Schedule B - Personal Property. This schedule is to be used for
    reporting all of the debtor's interests in personal property except
    leases and executory contracts, which are to be listed on the
    Schedule of Executory Contracts and Unexpired Leases. Several new
    categories of property have been added to the schedule, i.e.,
    aircraft, and interests in IRA, ERISA, Keogh, or other pension or
    profit-sharing plans.  To minimize the potential for concealment of
    assets, the debtor must declare whether the debtor has any property
    in each category on the schedule.  The trustee can request copies
    of any documents concerning the debtor's property necessary to the
    administration of the estate.
      Schedule C - Property Claimed as Exempt. The form of the schedule
    has been modified to eliminate duplication of information provided
    elsewhere.  The location of property, for example, which formerly
    was required here, is disclosed in the schedules of real and
    personal property.  The requirement that the debtor state the
    present use of the property also has been eliminated as best left
    to inquiry by the trustee.  Exemptions in some states are granted
    by constitutional provisions; accordingly, the requirement that the
    debtor state the ''statute'' creating an exemption has been changed
    to request a statement of the relevant ''law.''
      This schedule adds a new requirement that the debtor state the
    market value of the property in addition to the amount claimed as
    exempt.
      Schedule D - Creditors Holding Secured Claims. Schedules D, E,
    and F have been redesigned with address boxes sized to match the
    number of characters which can be accommodated on the computerized
    noticing systems used by the courts.  The size also closely
    approximates that of standard mailing labels.  Space is designated
    at the top of the box for the debtor's account number with the
    creditor.  The design of the form is intended to reduce the volume
    of misdirected creditor mail.
      The form requires the debtor to state affirmatively that a claim
    is disputed, unliquidated, or contingent.  The existence of any
    type of codebtor is to be disclosed, but details are to be provided
    in Schedule H, as they are not needed here.  Duplication of
    information also has been kept to a minimum by deleting requests
    that the debtor indicate on this schedule whether a debt has been
    reduced to judgment and the date on which a creditor repossessed
    any collateral.  Requests for details concerning negotiable
    instruments and the consideration for a claim, formerly part of the
    schedule, are left to the trustee's inquiries.
      Schedule E - Creditors Holding Unsecured Priority Claims. The
    schedule lists all of the types of claims entitled to priority and
    requires the debtor to indicate the existence of claims in each
    category.  Continuation sheets are provided.  The type of priority
    claim is to be noted at the top of the continuation sheet, and each
    type must be reported on a separate sheet.  This schedule also
    requires the debtor to indicate the existence of any codebtors.  As
    in Schedule D - Creditors Holding Secured Claims, requests for
    information concerning judgments and negotiable instruments have
    been deleted.
      Schedule F - Creditors Holding Unsecured Nonpriority Claims. This
    schedule has been revised generally in conformity with the other
    schedules of creditors.  If a claim is subject to setoff, the
    debtor is required to so state.
      Schedule G - Executory Contracts and Unexpired Leases. Rule
    1007(b) requires the debtor to file a schedule of executory
    contracts and unexpired leases, unless the court orders otherwise.
    All unexpired leases of either real or personal property are to be
    reported on this schedule.  The schedule also requires the debtor
    to disclose specific information to assist the trustee in
    identifying leases which must be assumed within 60 days after the
    order for relief or be deemed rejected under Sec. 365(d) of the
    Code.
      Schedule H - Schedule of Codebtors. This schedule is designed to
    provide the trustee and creditors with information about codebtors
    of all types other than spouses in joint cases.  The completed
    schedule provides information concerning non-debtor parties, such
    as guarantors and non-debtor spouses having an interest in property
    as tenants by the entirety.  In chapter 12 and chapter 13 cases,
    the completed schedule also indicates those persons who may be
    entitled to certain protections from creditor action under Sec.
    1201 and 1301 of the Code.
      Schedule I - Schedule of Current Income of Individual Debtor(s)
    and Schedule J - Schedule of Current Expenditures of Individual
    Debtor(s). Former Official Form No. 6A has been divided into a
    schedule of current income and a separate schedule of current
    expenditures.  The language is substantially the same as in former
    Official Form No. 6A. In light of the abrogation of Official Form
    No. 10, the Chapter 13 Statement, style changes have been made so
    that these schedules can be used by individual and joint debtors in
    all chapters.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1993 AMENDMENT
      Schedule E (Creditors Holding Unsecured Priority Claims) has been
    changed to conform to the statutory amendment that added subsection
    (a)(8) to Sec. 507 of the Code. Pub. L. No. 101-647, (Crime Control
    Act of 1990), added the new subsection, which had the effect of
    creating an eighth priority for claims of certain governmental
    units based on commitments to maintain the capital of an insured
    depository institution.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1995 AMENDMENT
      Schedule E - Creditors Holding Unsecured Priority Claims is
    amended to add the new seventh priority afforded to debts for
    alimony, maintenance, or support of a spouse, former spouse, or
    child of the debtor by the Bankruptcy Reform Act of 1994. Statutory
    references are amended to conform to the paragraph numbers of
    section 507(a) of the Code as renumbered by the 1994 Act. Schedule
    E also is amended to add commissions owed to certain independent
    sales representatives and to raise the maximum dollar amounts for
    certain priorities in accordance with amendments made by the 1994
    Act to section 507(a) of the Code. The 1994 Act also amended
    section 104 of the Code to provide for future adjustment of the
    maximum dollar amounts specified in section 507(a) to be made by
    administrative action at three-year intervals to reflect changes in
    the consumer price index.  Schedule E is amended to give notice
    that these dollar amounts are subject to change without formal
    amendment to the official form.
      The Schedules are a ''document for filing'' that may be prepared
    by a ''bankruptcy petition preparer'' as defined in 11 U.S.C. Sec.
    110, which was added to the Code by the 1994 Act; accordingly, a
    signature line for such preparer is added.  In addition to signing,
    a bankruptcy petition preparer is required by section 110 to
    disclose the information requested.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1997 AMENDMENT
      The form is amended to add to the column labels a reference to
    community liability for claims.  The amendment is technical and
    corrects an editorial oversight.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Form 7                    01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    OFFICIAL FORMS
    Form 7
    .
 
-HEAD-
    Form 7 - Statement of Financial Affairs 
 
-MISC1-
    Instructions, Committee Notes

    (Added Aug. 1, 1991; amended Mar. 16, 1993; Mar. 14, 1995.)

                NOTES OF ADVISORY COMMITTEE ON RULES - 1991
      This form consolidates questions from former Official Forms No.
    7, No. 8, and No. 10. This form is to be completed by all debtors.
    An individual debtor engaged in business as a sole proprietor,
    partner, family farmer, or self-employed professional should
    provide the information requested on this statement concerning all
    such activities as well as the individual's personal affairs.
      The Chapter 13 Statement, former Official Form No. 10, has been
    abrogated.  Chapter 13 debtors are to complete this statement and
    the schedules prescribed in Official Form 6.
      All questions have been converted to affirmative directions to
    furnish information, and each question must be answered.  If the
    answer is ''none,'' or the question is not applicable, the debtor
    is required to so state by marking the box labeled ''None''
    provided at each question.
      See Committee Note to Form 2 for a discussion of the unsworn
    declaration at the end of this form.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1993 AMENDMENT
      The form has been amended in two ways.  In the second paragraph
    of the instructions, the third sentence has been deleted to clarify
    that only a debtor that is or has been in business as defined in
    the form should answer Questions 16-21. In addition, administrative
    proceedings have been added to the types of legal actions to be
    disclosed in Question 4.a.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1995 AMENDMENT
      This form is a ''document for filing'' that may be prepared by a
    ''bankruptcy petition preparer'' as defined in 11 U.S.C. Sec. 110,
    which was added to the Code by the Bankruptcy Reform Act of 1994;
    accordingly, a signature line for such preparer is added.  In
    addition to signing, a bankruptcy petition preparer is required by
    section 110 to disclose the information requested.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Form 8                    01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    OFFICIAL FORMS
    Form 8
    .
 
-HEAD-
    Form 8 - Chapter 7 Individual Debtor's Statement of Intention

-MISC1-
    Instructions, Committee Notes

    (Added Aug. 1, 1991; amended Mar. 14, 1995; Oct. 1, 1997.)
                *** ILLUSTRATIONS OR TABLE DATA OMITTED ***
                NOTES OF ADVISORY COMMITTEE ON RULES - 1991
      This form is derived from former Official Form No. 8A. Rule
    1007(b)(2) requires the debtor to serve a copy of this statement on
    the trustee and all creditors named in the statement.  In a joint
    case, if the property and debts of both debtors are the same, the
    form may be adapted for joint use.  If joint debtors have separate
    debts, however, each debtor must use a separate form.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1995 AMENDMENT
      This form is a ''document for filing'' that may be prepared by a
    ''bankruptcy petition preparer'' as defined in 11 U.S.C. Sec. 110,
    which was added to the Code by the Bankruptcy Reform Act of 1994;
    accordingly, a signature line for such preparer is added.  In
    addition to signing, a bankruptcy petition preparer is required by
    section 110 to disclose the information requested.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1997 AMENDMENT
      The form is amended to conform more closely to the language of
    the Bankruptcy Code. The amendments also make clear that the form
    is not intended to take a position regarding whether the options
    stated on the form are the only choices available to the debtor.
    Compare Lowry Federal Credit Union v.  West, 882 F.2d 1543 (10th
    Cir. 1989), with In re Taylor, 3 F.3d 1512 (11th Cir. 1993).
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Form 9                    01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    OFFICIAL FORMS
    Form 9
    .
 
-HEAD-
    Form 9 - Notice of Commencement of Case under the Bankruptcy Code, 
      Meeting of Creditors, and Deadlines
 
-MISC1-
    Instructions, Committee Notes (9A-I)

    B 9A Chapter 7 Individual or Joint Debtor No Asset Case
    Instructions

    B 9B Chapter 7 Corporation/Partnership No Asset Case
    Instructions

    B 9C Chapter 7 Individual or Joint Debtor Asset Case
    Instructions
 
    B 9D Chapter 7 Corporation/Partnership Asset Case
    Instructions

    B 9E Chapter 11 Individual or Joint Debtor Case
    Instructions

    B 9E (Alt.) Chapter 11 Individual or Joint Debtor Case
    Instructions

    B 9F Chapter 11 Corporation/Partnership Case
    Instructions

    B 9F (Alt.) Chapter 11 Corporation/Partnership Case
    Instructions

    B 9G Chapter 12 Individual or Joint Debtor Family Farmer
    Instructions

    B 9H Chapter 12 Corporation/Partnership Family Farmer
    Instructions

    B 9I Chapter 13 Case
    Instructions

    (Added Aug. 1, 1991; amended Sept. 22, 1992; Mar. 16, 1993; Mar.
    14, 1995; Oct. 1, 1997.)
                *** ILLUSTRATIONS OR TABLE DATA OMITTED ***
                NOTES OF ADVISORY COMMITTEE ON RULES - 1991
      The form has been redesigned to facilitate electronic generation
    of notice to creditors concerning the filing of the petition, the
    meeting of creditors, and important deadlines in the case.
    Adoption of a box format, with significant dates highlighted, is
    intended to assist creditors who may be unfamiliar with bankruptcy
    cases to understand the data provided.  Nine variations of the
    form, designated 9A through 9I, have been created to meet the
    specialized notice requirements for chapters 7, 11, 12, and 13,
    asset and no-asset cases, and the various types of debtors.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1992 AMENDMENT
      Forms 9B, 9D, 9F, and 9H are amended to make a technical
    correction in the reference to Rule 9001(5). Form 9H also contains
    a technical correction deleting the reference to a complaint object
    to discharge of the debtor.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1993 AMENDMENT
      The title page of the form has been amended to conform to the
    headings used on Forms 9A-9I. Alternate versions of Form 9E and
    Form 9F have been added for the convenience of districts that
    routinely set a deadline for filing claims in a chapter 11 case.
    When a creditor receives the alternate form in a case, the box
    labeled ''Filing Claims'' will contain information about the bar
    date as follows: ''Deadline for filing a claim: (date).'' If no
    deadline is set in a particular case, either the court will use
    Form 9E or Form 9F, as appropriate, or the alternate form will be
    used with the following sentence appearing in the box labeled
    ''Filing Claims'': ''When the court sets a deadline for filing
    claims, creditors will be notified.''
           NOTES OF ADVISORY COMMITTEE ON RULES - 1995 AMENDMENT
      The form is amended to provide notice of the claims filing period
    provided to ''a governmental unit'' by section 502(b)(9) of the
    Code as amended by the Bankruptcy Reform Act of 1994. A court that
    routinely sets a deadline for filing proofs of claim at the outset
    of chapter 11 cases and, accordingly, uses Form 9E(Alt.) or Form
    9F(Alt.) retains the option in any case in which no deadlines
    actually are set to substitute a message stating that creditors
    will be notified if the court fixes a deadline.
      The form also is amended to add, in the paragraph labeled
    ''Discharge of Debts,'' a reference to dischargeability actions
    under section 523(a)(15) of the Code, which was added by the 1994
    Act.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1997 AMENDMENT
      Forms 9A, 9I (and the alternate versions of Forms 9E and 9F) have
    been amended, redesigned, and rewritten.  Minor conforming changes
    have been made to respond to amendments made in the Bankruptcy
    Reform Act of 1994: the longer claims filing period for
    governmental units in section 502(b)(9) of the Code (see Forms 9C,
    9D, 9E(Alt.), 9F(Alt.), 9G, 9H, and 9I); and a reference to
    dischargeability actions under section 523(a)(15) (see Forms 9A,
    9C, 9E, and 9E(Alt.), 9G, and 9H). All of the forms have been
    substantially revised to make them easier to read and understand.
    The titles have been simplified.  Recipients are told why they are
    receiving the notice.  Explanations are provided on the back of the
    form and are set in larger type.  Plain English is used.  Deadlines
    are highlighted on the front of the form.  Recipients are told that
    papers must be received by the bankruptcy clerk's office by the
    applicable deadline.  The box for the trustee has been deleted from
    the chapter 11 notices (Forms 9E and 9F and the alternates).
    Various alternatives are set out in brackets in many of the forms,
    permitting each bankruptcy clerk's office to tailor the forms even
    more precisely to fit the needs of a particular case.  The court
    may use blank spaces on the form to include additional information
    applicable to the particular district.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Form 10                   01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    OFFICIAL FORMS
    Form 10
    .
 
-HEAD-
    Form 10 - Proof Of Claim
 
-MISC1-
    Instructions, Committee Notes

    (Added Aug. 1, 1991; amended Mar. 16, 1993; Mar. 14, 1995; Oct. 1,
    1997.)
                *** ILLUSTRATIONS OR TABLE DATA OMITTED ***
                NOTES OF ADVISORY COMMITTEE ON RULES - 1991
      This form replaces former Official Forms No. 19, No. 20, and No.
    21. The box format and simplified language are intended to
    facilitate completion of the form.
      The form directs the claimant to attach documents to support the
    claim or, if voluminous, a summary of such documents.  These
    include any security agreement (if not included in the writing on
    which the claim is founded), and evidence of perfection of any
    security interest.  See Committee Note to Rule 3001(d) concerning
    satisfactory evidence of perfection.  If the claim includes
    prepetition interest or other charges such as attorney fees, a
    statement giving a detailed breakdown of the elements of the claim
    is required.
      Rule 2002(g) requires the clerk to update the mailing list in the
    case by substituting the address provided by a creditor on a proof
    of claim, if that address is different from the one supplied by the
    debtor.  The form contains checkboxes to assist the clerk in
    performing this duty.  The form also alerts the trustee when the
    claim is an amendment to or replacement for an earlier claim.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1993 AMENDMENT
      The form has been amended to accommodate inclusion of the
    priority afforded in Sec. 507(a)(8) of the Code, which was added by
    Pub. L. No. 101-647, (Crime Control Act of 1990), and to avoid the
    necessity of further amendment to the form if other priorities are
    added to Sec. 507(a) in the future.  In addition, sections 4 and 5
    of the form have been amended to clarify that only prepetition
    arrearages and charges are to be included in the amount of the
    claim.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1995 AMENDMENT
      The form is amended to add the seventh priority granted by the
    Bankruptcy Reform Act of 1994 to debts for alimony, maintenance, or
    support of a spouse, former spouse, or child of the debtor.  The
    form also amends the Code reference to the priority afforded to tax
    debts and the dollar maximums for the priorities granted to wages
    and customer deposits in conformity with amendments made by the
    1994 Act to section 507(a) of the Code. The 1994 Act also amended
    section 104 of the Code to provide for future adjustment of the
    dollar amounts specified in section 507(a) to be made by
    administrative action at three-year intervals to reflect changes in
    the consumer price index.  The form is amended to include notice
    that these dollar amounts are subject to change without formal
    amendment to the official form.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1997 AMENDMENT
      Numbered sections 4. and 5. of the form have been reformatted to
    eliminate redundant information and make it easier to complete the
    form correctly.  A creditor will report the total amount of the
    claim first, and will report only that amount unless the claim is
    secured by collateral or entitled to a priority under Sec. 507 of
    the Code.
      Explanatory definitions and instructions for completing the form
    also have been added.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Form 11A                  01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    OFFICIAL FORMS
    Form 11A
    .
 
-HEAD-
    Form 11A - General Power of Attorney

-MISC1-
    Instructions, Committee Notes

    (Added Aug. 1, 1991.)
                NOTES OF ADVISORY COMMITTEE ON RULES - 1991
      This form previously was numbered Official Form No. 17.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Form 11B                  01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    OFFICIAL FORMS
    Form 11B
    .
 
-HEAD-
    Form 11B - Special Power of Attorney

-MISC1-
    Instructions, Committee Notes

    (Added Aug. 1, 1991.)
                NOTES OF ADVISORY COMMITTEE ON RULES - 1991
      This form previously was numbered Official Form No. 18.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Form 12                   01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    OFFICIAL FORMS
    Form 12
    .
 
-HEAD-
    Form 12 - Order and Notice for Hearing on Disclosure Statement

-MISC1-
    Instructions, Committee Notes

    (Added Aug. 1, 1991.)
                NOTES OF ADVISORY COMMITTEE ON RULES - 1991
      This form previously was numbered Official Form No. 28. The form
    is related to Rule 3017(a). Section 1125 of the Code requires court
    approval of a disclosure statement before votes may be solicited
    for or against a plan in either chapter 11 reorganization or
    chapter 9 municipality cases.
      Objections to the disclosure statement may be filed.  Rule
    3017(a) specifies that the court may fix a time for the filing of
    objections or they can be filed at any time prior to approval of
    the statement.
      Rule 3017(a) also specifies the persons who are to receive copies
    of the statement and plan prior to the hearing.  These documents
    will not be sent to all parties in interest because at this stage
    of the case it could be unnecessarily expensive and confusing.
    However, any party in interest may request copies.  The request
    should be made in writing (Rule 3017(a)), and sent to the person
    mailing the statement and plan which, as the form indicates, would
    usually be the proponent of the plan.
      This form may be adapted for use if more than one disclosure
    statement is to be considered by the court.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Form 13                   01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    OFFICIAL FORMS
    Form 13
    .
 
-HEAD-
    Form 13 - Order Approving Disclosure Statement and Fixing 
    Time for Filing Acceptances or Rejections of Plan, Combined 
    with Notice Thereof

-MISC1-
    Instructions, Committee Notes 

    (Added Aug. 1, 1991.)
                NOTES OF ADVISORY COMMITTEE ON RULES - 1991
      This form is derived from former Official Form No. 29. The form
    may be adapted for use if more than one disclosure statement is
    approved by the court.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Form 14                   01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    OFFICIAL FORMS
    Form 14
    .
 
-HEAD-
    Form 14 - Ballot for Accepting or Rejecting Plan

-MISC1-
    Instructions, Committee Notes

                                  FORM 14
                *** ILLUSTRATIONS OR TABLE DATA OMITTED ***
    (Added Aug. 1, 1991; amended Oct. 1, 1997.)
                NOTES OF ADVISORY COMMITTEE ON RULES - 1991
      This form is derived from former Official Form No. 30. The form
    has been amended to facilitate the voting of a debtor's shares held
    in ''street name.'' The form may be adapted to designate the class
    in which each ballot is to be tabulated.  It is intended that a
    separate ballot will be provided for each class in which a holder
    may vote.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1997 AMENDMENT
      The form has been substantially amended to simplify its format
    and make it easier to complete correctly.
      Directions or blanks for proponent to complete the text of the
    ballot are in italics and enclosed within brackets.  A ballot
    should include only the applicable language from the alternatives
    shown on this form and should be adapted to the particular
    requirements of the case.
      If the plan provides for creditors in a class to have the right
    to reduce their claims so as to qualify for treatment given to
    creditors whose claims do not exceed a specified amount, the ballot
    should make provisions for the exercise of that right.  See section
    1122(b) of the Code.
      If debt or equity securities are held in the name of a
    broker/dealer or nominee, the ballot should require the furnishing
    of sufficient information to assure that duplicate ballots are not
    submitted and counted and that ballots submitted by a broker/dealer
    or nominee reflect the votes of the beneficial holders of such
    securities.  See Rule 3017(e).
      In the event that more than one plan of reorganization is to be
    voted upon, the form of ballot will need to be adapted to permit
    holders of claims or equity interests (a) to accept or reject each
    plan being proposed, and (b) to indicate preferences among the
    competing plans.  See section 1129(c) of the Code.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Form 15                   01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    OFFICIAL FORMS
    Form 15
    .
 
-HEAD-
    Form 15 - Order Confirming Plan

-MISC1-
    Instructions, Committee Notes

    (Added Aug. 1, 1991.)
                NOTES OF ADVISORY COMMITTEE ON RULES - 1991
      This form is derived from former Official Form No. 31. The form
    has been simplified to avoid the necessity of repeating the
    statutory requirements of 11 U.S.C. Sec. 1129(a). In the case of an
    individual chapter 11 debtor, Form 18 may be adapted for use
    together with this form.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Form 16A                  01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    OFFICIAL FORMS
    Form 16A
    .
 
-HEAD-
    Form 16A - Caption

-MISC1-
    Instructions, Committee Notes

    (Added Aug. 1, 1991; amended Mar. 14, 1995.)
                NOTES OF ADVISORY COMMITTEE ON RULES - 1991
      This form has been transferred from former Official Form No. 1,
    which included the form of caption for the case.  Rule 9004(b)
    requires a caption to set forth the title of the case.  Rule 1005
    provides that the title of the case shall include the debtor's
    name, all other names used by the debtor within six years before
    the commencement of the case, and the debtor's social security and
    tax identification numbers.  This form of caption is prescribed for
    use on the petition, the notice of the meeting of creditors, the
    order of discharge, and the documents relating to a chapter 11
    plan, (Official Forms 1, 9, 12, 13, 14, 15, and 18). See Rule
    2002(m). In the petition (Official Form 1), and the notice of the
    meeting of creditors, (Official Form 9), the information required
    by Rule 1005 appears in a block format.  A notation of the chapter
    of the Bankruptcy Code under which the case is proceeding has been
    added to the form.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1995 AMENDMENT
      The form is amended to provide for the debtor's address to appear
    in the caption in furtherance of the duty of the debtor to include
    this information on every notice given by the debtor.  The
    Bankruptcy Reform Act of 1994 amended section 342 of the Code to
    add this requirement.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Form 16B                  01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    OFFICIAL FORMS
    Form 16B
    .
 
-HEAD-
    Form 16B - Caption (Short Title)

-MISC1-
    Instructions, Committee Notes
    (Added Aug. 1, 1991; amended Mar. 14, 1995.)
                NOTES OF ADVISORY COMMITTEE ON RULES - 1991
      This form of caption is prescribed for general use in filing
    papers in a case under the Bankruptcy Code. Rule 9004(b) requires a
    caption to set forth the title of the case, and Rule 1005 specifies
    that the title must include all names used by the debtor within six
    years before the commencement of the case and the debtor's social
    security and tax identification numbers.  This information is
    necessary in the petition, the notice of the meeting of creditors,
    the order of discharge, and the documents relating to the plan in a
    chapter 11 case.  See Rule 2002(m) and Official Form 16A. In other
    notices, motions, applications, and papers filed in a case,
    however, a short title containing simply the names of the debtor or
    joint debtors may be used.  Additional names, such as any under
    which the debtor has engaged in business, may be included in the
    short title as needed.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1995 AMENDMENT
      The title of this form is amended to specify that it can be used
    when section 342(c) of the Code, as added by the Bankruptcy Reform
    Act of 1994, is not applicable.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Form 16C                  01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    OFFICIAL FORMS
    Form 16C
    .
 
-HEAD-
    Form 16C - [Abrogated]
 
-MISC1-
    Instructions, Committee Notes
    (Added Aug. 1, 1991; amended Mar. 14, 1995.)
                NOTES OF ADVISORY COMMITTEE ON RULES - 1991
      This form previously was numbered Official Form No. 34. A
    notation of the chapter of the Bankruptcy Code under which the case
    is proceeding has been added to the form.  Rule 7010 refers to this
    form as providing the caption of a pleading in an adversary
    proceeding.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1995 AMENDMENT
      The form is amended to conform to the amendments made to section
    342 of the Code by the Bankruptcy Reform Act of 1994.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Form 16D                  01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    OFFICIAL FORMS
    Form 16D
    .
 
-HEAD-
    Form 16D - Caption for Use in Adversary Proceeding other than for a 
    Complaint Filed by a Debtor

-MISC1-
    Instructions, Committee Notes
    (Added Mar. 14, 1995.)
                NOTES OF ADVISORY COMMITTEE ON RULES - 1995
      This form of caption may be used in an adversary proceeding when
    section 342(c) of the Code, as added by the Bankruptcy Reform Act
    of 1994, is not applicable.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Form 17                   01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    OFFICIAL FORMS
    Form 17
    .
 
-HEAD-
    Form 17 - Notice of Appeal under 28 U.S.C. §158(a) or (b) from a Judgment, 
    Order or Decree of a Bankruptcy Court
 
-MISC1-
    Instructions, Committee Notes
    (Added Aug. 1, 1991; amended Mar. 14, 1995; Oct. 1, 1997.)
                *** ILLUSTRATIONS OR TABLE DATA OMITTED ***
                NOTES OF ADVISORY COMMITTEE ON RULES - 1991
      This form is derived from former Official Form No. 35. The form
    has been amended to indicate that a final order may be entered
    other than in an adversary proceeding.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1995 AMENDMENT
      The form is amended to reflect the amendments to 28 U.S.C. Sec.
    158 concerning bankruptcy appellate panels made by the Bankruptcy
    Reform Act of 1994. Section 158(d) requires an appellant who elects
    to appeal to a district court rather than a bankruptcy appellate
    panel to do so ''at the time of filing the appeal.''
      The 1994 Act also amended 28 U.S.C. Sec. 158(a) to permit
    immediate appeal of interlocutory orders increasing or reducing a
    chapter 11 debtor's exclusive period to file a plan under section
    1121 of the Code. The form is amended to provide appropriate
    flexibility.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1997 AMENDMENT
      The form has been amended to conform to Rule 8001(a), which
    requires the notice to contain the names of all parties to the
    judgment, order, or decree appealed from and the names, addresses,
    and telephone numbers of their respective attorneys.  A party
    filing a notice of appeal pro se should provide equivalent
    information.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Form 18                   01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    OFFICIAL FORMS
    Form 18
    .
 
-HEAD-
    Form 18 - Discharge of Debtor

-MISC1-
    Instructions, Committee Notes
    (Added Aug. 1, 1991; amended Mar. 14, 1995; Oct. 1, 1997.)
                *** ILLUSTRATIONS OR TABLE DATA OMITTED ***
                NOTES OF ADVISORY COMMITTEE ON RULES - 1991
      This form previously was numbered Official Form No. 27. The form
    has been revised to accommodate cases commenced by the filing of
    either a voluntary or an involuntary petition.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1995 AMENDMENT
      The form is amended to include debts described in section
    523(a)(15) of the Code, which was added by the Bankruptcy Reform
    Act of 1994, in the list of debts discharged unless determined by
    the court to be nondischargeable.
           NOTES OF ADVISORY COMMITTEE ON RULES - 1997 AMENDMENT
      The discharge order has been simplified by deleting paragraphs
    which had detailed some, but not all, of the effects of the
    discharge.  These paragraphs have been replaced with a plain
    English explanation of the discharge.  This explanation is to be
    printed on the reverse of the order, to increase understanding of
    the bankruptcy discharge among creditors and debtors.  The
    bracketed sentence in the second paragraph should be included when
    the case involves community property.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Form 19                   01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    OFFICIAL FORMS
    Form 19
    .
 
-HEAD-
    Form 19 - Certification and Signature of Non-Attorney Bankruptcy Petition 
    Preparer (See 11 U.S.C. §110)
 
-MISC1-
    Instructions, Committee Notes 
    (Added Mar. 14, 1995.)
                NOTES OF ADVISORY COMMITTEE ON RULES - 1995
      This form is new.  The Bankruptcy Reform Act of 1994 requires a
    ''bankruptcy petition preparer,'' as defined in 11 U.S.C. Sec. 110,
    to sign any ''document for filing'' that the bankruptcy petition
    preparer prepares for compensation on behalf of a debtor, to
    disclose on the document certain information, and to provide the
    debtor with a copy of the document.  This form or adaptations of
    this form have been incorporated into the official forms of the
    voluntary petition, the schedules, the statement of financial
    affairs, and other official forms that typically would be prepared
    for a debtor by a bankruptcy petition preparer.  This form is to be
    used in connection with any other document that a bankruptcy
    petition preparer prepares for filing by a debtor in a bankruptcy
    case.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Form 20A                  01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    OFFICIAL FORMS
    Form 20A
    .
 
-HEAD-
    Form 20A - Notice of Motion or Objection
 
-MISC1-
    Instructions, Committee Notes (20A-B)
    (Added Oct. 1, 1997.)
                NOTES OF ADVISORY COMMITTEE ON RULES - 1997
      These forms (20A and 20B) are new.  They are intended to provide
    uniform, plain English explanations to parties regarding what they
    must do to respond in certain contested matters which occur
    frequently in bankruptcy cases.  Such explanations have been given
    better in some courts than in others.  The forms are intended to
    make bankruptcy proceedings more fair, equitable, and efficient, by
    aiding parties, who sometimes do not have counsel, in understanding
    the applicable rules.  It is hoped that use of these forms also
    will decrease the number of inquiries to bankruptcy clerks'
    offices.
      These notices will be sent by the movant unless local rules
    provide for some other entity to give notice.
      These forms are not intended to dictate the specific procedures
    to be used by different bankruptcy courts.  The forms contain
    optional language that can be used or adapted, depending on local
    procedures.  Similarly, the signature line will be adapted to
    identify the actual sender of the notice in each circumstance.  All
    adaptations of the form should carry out the intent to give notice
    of applicable procedures in easily understood language.
 
-CITE-
    11 USC APPENDIX - BANKRUPTCY RULES Form 20B                  01/23/00
 
-EXPCITE-
    TITLE 11 - BANKRUPTCY
    TITLE 11 - APPENDIX
    BANKRUPTCY RULES AND OFFICIAL FORMS
    OFFICIAL FORMS
    Form 20B
 
-HEAD-
    Form 20B - Notice of Objection to Claim

-MISC1-
    Instructions
    (Added Oct. 1, 1997.)
                NOTES OF ADVISORY COMMITTEE ON RULES - 1997
      These forms (20A and 20B) are new.  They are intended to provide
    uniform, plain English explanations to parties regarding what they
    must do to respond in certain contested matters which occur
    frequently in bankruptcy cases.  Such explanations have been given
    better in some courts than in others.  The forms are intended to
    make bankruptcy proceedings more fair, equitable, and efficient, by
    aiding parties, who sometimes do not have counsel, in understanding
    the applicable rules.  It is hoped that use of these forms also
    will decrease the number of inquiries to bankruptcy clerks'
    offices.
      These notices will be sent by the movant unless local rules
    provide for some other entity to give notice.
      These forms are not intended to dictate the specific procedures
    to be used by different bankruptcy courts.  The forms contain
    optional language that can be used or adapted, depending on local
    procedures.  Similarly, the signature line will be adapted to
    identify the actual sender of the notice in each circumstance.  All
    adaptations of the form should carry out the intent to give notice
    of applicable procedures in easily understood language.
 
 
-CITE-


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