Federal Rules for Bankruptcy Procedures
- There are nine parts to the Federal Rules of Bankruptcy Procedures. Each part has a set of rules. The rules are numbered consecutively, starting with 1, but each rule number has its part number appended to the beginning of the number (i.e., Rule 1001). Rule 1001 is not part of any part (akin to a chapter), but contains the scope of the Rules and is published before the individual parts. Part I starts with Rule 1002. Each part thereafter starts with 1, for example, Part II starts with Rule 2001.
- Part I of the Federal Rules of Bankruptcy Procedure dictates how a case may be opened, including voluntary and involuntary petitions. Each petition must be filed with the bankruptcy clerk, and then it is forwarded to a chosen bankruptcy trustee. The Rules dictate what information should be included in the petition and what the filing fee for filing a Chapter 11 bankruptcy is. The filing may change from time to time, as dictated by the federal bankruptcy court.
- Part II of the Federal Rules of Bankruptcy Procedure dictates how notices to creditors are handled and other administrative actions taken during a bankruptcy, including the appointment of interim trustees before an order of relief is entered in a Chapter 7 bankruptcy. Debtor examination and apprehension and removal of a debtor to compel the debtor's attendance for the examination is also covered under Part II.
- Part III of the Rules are rules for creditors, including filing a proof of claim and filing proof of equity interest. The debtor and trustee may also file claims. Part III also governs objections to claims and reconsideration of claims. Most importantly, Rule 3009 of Part III dictates the payment of dividends in a liquidation case, a family farmer's debt adjustment and reorganization bankruptcy.
- When filing a bankruptcy case, the debtor also has duties and benefits. One of the benefits of filing bankruptcy for a debtor is the automatic stay. Rule 4001 determines when a creditor can obtain relief from an automatic stay. The automatic stay prevents any creditors listed in the bankruptcy from continuing or starting collections against the debtor.
Content of the Rules
Commencement of a Bankruptcy Case
Notices, Meetings and Administration
Claims and Distribution
Debtor's Duties and Benefits
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