Consumer Bankruptcy Law and Practice: Rule 7003. Commencement of Adversary Proceeding
Rule 3 F. R. Civ. P. applies in adversary proceedings.
Rule 3 F. R. Civ. P. applies in adversary proceedings.
(a) Summons; Service; Proof of Service.
(1) Except as provided in Rule 7004(a)(2), Rule 4(a), (b), (c)(1), (d)(5), (e)-(j), (l), and (m) F.R.Civ.P. applies in adversary proceedings. Personal service under 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.
Rule 5 F. R. Civ. P. applies in adversary proceedings.
Rule 7 F. R. Civ. P. applies in adversary proceedings.
(a) REQUIRED DISCLOSURE. Any nongovernmental corporation that is a party to an adversary proceeding, other than the debtor, shall file a statement that identifies any parent corporation and any publicly held corporation that owns 10% or more of its stock or states that there is no such corporation. The same requirement applies to a nongovernmental corporation that seeks to intervene.
(b) TIME FOR FILING; SUPPLEMENTAL FILING. The corporate ownership statement shall:
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 court, the complaint, counterclaim, cross-claim, or third-party complaint shall contain a statement that the pleader does or does not consent to entry of final orders or judgment by the bankruptcy court.
Rule 9 F. R. Civ. P. applies in adversary proceedings.
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.
(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 21 days after service.
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.
Rule 14 F. R. Civ. P. applies in adversary proceedings.
Rule 15 F. R. Civ. P. applies in adversary proceedings.
(a) PRETRIAL CONFERENCES; SCHEDULING; MANAGEMENT. Rule 16 F.R.Civ.P. applies in adversary proceedings.
(b) DETERMINING PROCEDURE. The bankruptcy court shall decide, on its own motion or a party’s timely motion, whether:
(1) to hear and determine the proceeding;
(2) to hear the proceeding and issue proposed findings of fact and conclusions of law; or
(3) to take some other action.
Rule 17 F. R. Civ. P. applies in adversary proceedings, except as provided in Rule 2010(b).
Rule 18 F. R. Civ. P. applies in adversary proceedings.
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 proceeding 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.
Rule 20 F. R. Civ. P. applies in adversary proceedings.
Rule 21 F. R. Civ. P. applies in adversary proceedings.
Rule 22(a) F. R. Civ. P. applies in adversary proceedings. This rule supplements—and does not limit—the joinder of parties allowed by Rule 7020.
2008 COMMITTEE NOTE
The rule is amended to conform to the changes made to the Federal Rules of Civil Procedure through the restyling of those rules effective on December 1, 2007.
Rule 23 F. R. Civ. P. applies in adversary proceedings.
Rule 23.1 F. R. Civ. P. applies in adversary proceedings.
2008 COMMITTEE NOTE
The rule is amended to conform to the changes made to the Federal Rules of Civil Procedure through the restyling of those rules effective on December 1, 2007.
Rule 23.2 F. R. Civ. P. applies in adversary proceedings.
Rule 24 F. R. Civ. P. applies in adversary proceedings.
Subject to the provisions of Rule 2012, Rule 25 F. R. Civ. P. applies in adversary proceedings.
Rule 26 F. R. Civ. P. applies in adversary proceedings.