Federal Court Rules

Federal Rules of Bankruptcy Procedure

FRBP

Govern procedure in cases under the Bankruptcy Code in United States bankruptcy courts.

Federal & State Law Editorial TeamLast reviewed: May 2026

Overview

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.

Key Provisions

Rule 1007
Lists, Schedules, Statements, and Other Documents; Time Limits

Requires the debtor to file lists of creditors, schedules of assets and liabilities, schedules of executory contracts and unexpired leases, schedules of current income and expenditures, and a statement of financial affairs. Most schedules are due within 14 days of the petition; failure to file timely may result in dismissal or denial of discharge.

Rule 4001
Relief from Automatic Stay; Use of Cash Collateral; Obtaining Credit

Sets the procedure for motions seeking relief from the automatic stay under § 362, motions to use cash collateral under § 363, and motions to obtain post-petition credit under § 364. Hearings on stay relief must be held within 30 days unless the court extends the period.

Rule 7001
Scope of Adversary Proceedings

Lists ten categories of disputes that must be brought as separate adversary proceedings rather than by motion in the main case. These include actions to recover money or property, to determine the validity of liens, to obtain injunctions, to determine dischargeability of debts, and to revoke discharge or confirmation.

Rule 3015
Filing, Objection to Confirmation, and Modification of a Plan in a Chapter 12 or 13 Case

Governs the timing of plan filings (within 14 days of the petition), service on creditors, and the deadline for objections to confirmation. Confirmed plans bind all creditors who received notice and operate as a contract until completion or modification.

Rule 9014
Contested Matters

Establishes streamlined procedures for disputes arising in the main bankruptcy case that are not adversary proceedings. Relief is requested by motion, with reasonable notice and opportunity for hearing. Selected adversary rules apply to contested matters by reference.

Procedure Flow

  1. Petition and Schedules

    Debtor files a voluntary petition with the bankruptcy court along with a list of creditors. Schedules of assets, liabilities, current income, and a statement of financial affairs follow under Rule 1007 within 14 days.

  2. Automatic Stay and 341 Meeting

    The automatic stay under Bankruptcy Code § 362 takes effect immediately. The trustee convenes a meeting of creditors under § 341 within 21 to 50 days where the debtor is examined under oath.

  3. Claims Process

    Creditors file proofs of claim under Rule 3001. The bar date for filing claims is set by Rule 3002. Disputes over claims are resolved through claim objections under Rule 3007 or, for more complex disputes, through adversary proceedings.

  4. Plan Confirmation or Liquidation

    In Chapter 7, the trustee liquidates non-exempt assets and distributes proceeds. In Chapter 11, 12, or 13, the debtor proposes a plan that the court must confirm after notice and a hearing under Rule 3015 or Rule 3017.

  5. Discharge and Case Closure

    Upon completion (or eligibility under Chapter 7), the court enters a discharge under § 727 or § 1328, releasing the debtor from personal liability on most pre-petition debts. The case is then closed administratively.

Common Issues to Watch

  • Failing to file complete schedules within Rule 1007 deadlines, leading to dismissal or denial of discharge.
  • Filing motions in the main case for matters that Rule 7001 requires to be adversary proceedings, resulting in dismissal of the motion.
  • Missing the proof-of-claim bar date set by Rule 3002, with claims disallowed unless excusable neglect is shown.
  • Pursuing collection activity in violation of the § 362 automatic stay, exposing the creditor to actual damages, attorneys' fees, and potential punitive damages.
  • Failing to disclose income, assets, or pre-petition transfers on the statement of financial affairs, risking denial of discharge under § 727.
  • Improperly calculating the means test under § 707(b) and Rule 1007(b)(4), leading to a presumption of abuse and potential dismissal of a Chapter 7 case.

Official Source

U.S. Courts — Federal Rules of Bankruptcy Procedure
https://www.uscourts.gov/rules-policies/current-rules-practice-procedure/federal-rules-bankruptcy-procedure

Frequently Asked Questions

Last reviewed: 2026-05-02

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.