Federal Rules of Bankruptcy Procedure

The Federal Rules of Bankruptcy Procedure (FRBP) implement the procedural framework for cases filed under Title 11 of the United States Code (the Bankruptcy Code). The bankruptcy courts are units of the federal district courts under 28 U.S.C. § 151, and bankruptcy judges handle every aspect of consumer Chapter 7 and 13 cases as well as the vast majority of Chapter 11 reorganizations and Chapter 12 family-farmer reorganizations.

FRBP is organized into nine parts. Part I (Rules 1001–1021) covers commencement of cases, including the petition, voluntary and involuntary filings, and conversion among chapters. Part II (Rules 2001–2020) addresses officers and administration, including the United States Trustee program. Part III (Rules 3001–3022) governs claims and distributions to creditors, plus confirmation of Chapter 11, 12, and 13 plans. Part IV (Rules 4001–4008) covers the automatic stay, exemptions, discharge, and reaffirmation. Part V (Rules 5001–5012) addresses the bankruptcy courts and clerks. Part VI (Rules 6001–6011) governs collection and liquidation of the estate. Part VII (Rules 7001–7087) handles adversary proceedings — separate lawsuits within the bankruptcy case. Part VIII (Rules 8001–8028) governs appeals to district courts, bankruptcy appellate panels, and circuit courts. Part IX (Rules 9001–9037) contains general provisions including service rules, sanctions, and electronic filing.

FRBP shares much DNA with the Federal Rules of Civil Procedure. Rule 7001 lists ten categories that must be brought as adversary proceedings, and Rule 7016 incorporates FRCP Rule 16 on pretrial procedure. Discovery in adversary proceedings runs largely under FRCP Rules 26 through 37. Contested matters — disputes that arise in the main bankruptcy case but are not adversary proceedings — are governed by Rule 9014 and use a more streamlined motion practice.

The bankruptcy estate is created the moment the petition is filed under § 541 of the Code, and the automatic stay under § 362 immediately halts collection actions, foreclosures, garnishments, and most litigation against the debtor. Rule 4001 governs requests for relief from the stay and use of cash collateral. Rule 1007 sets deadlines for the debtor to file schedules of assets and liabilities, statements of financial affairs, and means-test calculations.

Bankruptcy practice combines substantive expertise in the Code with procedural mastery of FRBP, local rules, and individual judges' chambers procedures. Filings are made through the CM/ECF system, and most courts publish detailed checklists and form requirements that supplement FRBP.