Federal Rules of Bankruptcy Procedure
Encyclopedia
The Federal Rules of Bankruptcy Procedure (abbreviated Fed. R. Bankr. P. or FRBP) are a set of rules promulgated by the Supreme Court of the United States
under the Rules Enabling Act
, directing procedures in the United States bankruptcy court
s. They are the bankruptcy law counterpart to the Federal Rules of Civil Procedure
.
Among the topics covered by the FRBP are adversary proceedings in bankruptcy, commencement of cases (by filing a voluntary or involuntary bankruptcy petition), how a creditor may file a proof of claim in bankruptcy
or a petition for relief from automatic stay
, the duties of the debtor, time periods for filing various types of motions
, and the procedures for appealing
a judgment to the United States District Court
or the Bankruptcy Appellate Panel
for the debtor's judicial circuit.
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
under the Rules Enabling Act
Rules Enabling Act
The Rules Enabling Act is an Act of Congress that gave the judicial branch the power to promulgate the Federal Rules of Civil Procedure. Amendments to the Act allowed for the creation of the Federal Rules of Criminal Procedure and other procedural court rules...
, directing procedures in the United States bankruptcy court
United States bankruptcy court
United States bankruptcy courts are courts created under Article I of the United States Constitution. They function as units of the district courts and have subject-matter jurisdiction over bankruptcy cases. The federal district courts have original and exclusive jurisdiction over all cases arising...
s. They are the bankruptcy law counterpart to the Federal Rules of Civil Procedure
Federal Rules of Civil Procedure
The Federal Rules of Civil Procedure govern civil procedure in United States district courts. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enabling Act, and then the United States Congress has 7 months to veto the rules promulgated or they become part of the...
.
Among the topics covered by the FRBP are adversary proceedings in bankruptcy, commencement of cases (by filing a voluntary or involuntary bankruptcy petition), how a creditor may file a proof of claim in bankruptcy
Claim in bankruptcy
A claim in bankruptcy, in United States bankruptcy law, is a document filed with the Court so as to register a claim against the assets of the bankruptcy estate. The claim sets out the amount that is owed to the creditor as of the date of the bankruptcy filing and, if relevant, any priority status...
or a petition for relief from automatic stay
Automatic stay
In bankruptcy law, an automatic stay is an automatic injunction that halts actions by creditors, with certain exceptions, to collect debts from a debtor who has declared bankruptcy. Under section 362 of the United States Bankruptcy Code, , the stay begins at the moment the bankruptcy petition is...
, the duties of the debtor, time periods for filing various types of motions
Motion (legal)
In law, a motion is a procedural device to bring a limited, contested issue before a court for decision. A motion may be thought of as a request to the judge to make a decision about the case. Motions may be made at any point in administrative, criminal or civil proceedings, although that right is...
, and the procedures for appealing
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
a judgment to the United States District Court
United States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
or the Bankruptcy Appellate Panel
Bankruptcy Appellate Panel
A Bankruptcy Appellate Panel is a group of judges of the United States bankruptcy courts who are appointed to hear appeals from certain bankruptcy cases under the supervision of the United States courts of appeals....
for the debtor's judicial circuit.
External links
- Full text of the Federal Rules of Bankruptcy Procedure from the Legal Information InstituteLegal Information InstituteThe Legal Information Institute is a non-profit, public service of Cornell Law School that provides no-cost access to current American and international legal research sources online at . The organization is a pioneer in the delivery of legal information online. Founded in 1992 by Peter Martin and...