Conditions of use · Every effort has been made to
reproduce these materials accurately. However there could be errors which
would change the effect of the materials. Permission to use these
materials is given only on the condition that the user will be solely
responsible for verifying the accuracy of the information contained herein.
Text size · You may adjust the size of the text from
your browser's control bar: View, Text Size.
Printing · Return the browser to the top of the page
before printing or the blue menu bar may obscure some text. You may print
selected pages of the web page by printing from File, Page Preview
instead of Print. More printing
Link to these materials · You may link your web page
directly to this materials, or any subsection. More link
PART V--BANKRUPTCY COURTS AND CLERKS
Rule 5001. Courts and Clerks' Offices
(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
Rule 5002. Restrictions on Appointments
(a) Approval of appointment of relatives prohibited.
The appointment of an individual as a trustee or examiner pursuant to § 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
attorney, accountant, appraiser, auctioneer, or other professional person
pursuant to §§ 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 §§
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 §
1104 of the Code or approve the employment of a person as an attorney,
accountant, appraiser, auctioneer, or other professional person pursuant to §§
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
Rule 5003. Records Kept By the Clerk
(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
(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) Register of mailing addresses of federal and
state governmental units. The United States or the state or territory in
which the court is located may file a statement designating its mailing
address. The clerk shall keep, in the form and manner as the Director of the
Administrative Office of the United States Courts may prescribe, a register
that includes these mailing addresses, but the clerk is not required to
include in the register more than one mailing address for each department,
agency, or instrumentality of the United States or the state or territory. If
more than one address for a department, agency, or instrumentality is included
in the register, the clerk shall also include information that would enable a
user of the register to determine the circumstances when each address is
applicable, and mailing notice to only one applicable address is sufficient to
provide effective notice. The clerk shall update the register annually,
effective January 2 of each year. The mailing address in the register is
conclusively presumed to be a proper address for the governmental unit, but
the failure to use that mailing address does not invalidate any notice that is
otherwise effective under applicable law.
(f) 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.
Rule 5004. Disqualification
(a) Disqualification of judge. A bankruptcy
judge shall be governed by 28 U.S.C. § 455, and disqualified from presiding
over the proceeding or contested matter in which the disqualifying
circumstances 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.
Rule 5005. Filing and Transmittal of Papers
(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.
§ 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 § 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
Rule 5006. Certification of Copies of Papers
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
Rule 5007. Record of Proceedings and Transcripts.
(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
(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.
Rule 5008. [Abrogated].
Rule 5009. Closing Chapter 7 Liquidation, Chapter 12
Family Farmer's Debt Adjustment, and Chapter 13 Individual's Debt Adjustment
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.
Rule 5010. Reopening Cases
A case may be reopened on motion of the debtor or other party in interest
pursuant to § 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 necessary to
protect the interests of creditors and the debtor or to insure efficient
administration of the case.
Rule 5011. Withdrawal and Abstention from Hearing a
(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. § 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. § 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.