Preliminary draft of proposed Benkruptcy rules and official forms under chapters I to VII of the Bankruptcy Act

목차 (Table of Contents)

• CONTENTS
• Letter of Submission to the Bench and Bar = xix
• Letter of Transmittal by Advisory Committee to Standing Committee on Rules of Practice and Procedure = xxi
• Introductory Note = xxv
• BANKRUPTCY RULES
• Rule 1. Scope of Bankruptcy Rules and Forms = 1
• PART Ⅰ. PETITION AND PROCEEDINGS RELATING THERETO AND TO ADJUDICATION
• Rule 101. Commencement of Bankruptcy Case = 2
• Rule 102. Reference of Cases ; Withdrawal of Reference and Assignment = 2
• Rule 103. Voluntary Petition = 6
• Rule 104. Involuntary Petition = 5
• Rule 105. Partnership Bankruptcy = 9
• Rule 106. Caption on Petition = 11
• Rule 107. Filing Fees = 11
• Rule 108. Schedules and Statement of Affairs = 13
• Rule 109. Verification of Petitions and Accompanying Papers = 19
• Rule 110. Amendments of Voluntary Petitions, Schedules, and Statements of Affairs = 19
• Rule 111. Service of Petition and Process = 20
• Rule 112. Responsive Pleading or Motion = 22
• Rule 113. Affirmative Defense of Solvency = 26
• Rule 114. Examination of Bankrupt on Issue of Insolvency or Inability to Pay Debts as They Mature = 27
• Rule 115. Hearing and Disposition of Petition = 28
• Rule 116. Venue and Transfer = 32
• Rule 117. Consolidation or Joint Administration of Cases Pending in Same Court = 38
• Rule 118. Death or Insanity of Bankrupt = 40
• Rule 119. Dismissal or Suspension of Case of Bankrupt Adjudged in a Foreign Jurisdiction = 41
• Rule 120. Dismissal of Case Without Determination of Merits = 41
• Rule 121. Applicability of Rules in Part VII = 44
• PART Ⅱ. OFFICERS FOR ADMINISTERING THE ESTATE ; NOTICES TO CREDITORS ; CREDITORS' MEETINGS ; EXAMINATIONS ; ELECTIONS ; ATTORNEYS AND ACCOUNTANTS
• Rule 201. Appointment and Duties of Receiver = 46
• Rule 202. Appointment of Marshal in Lieu of Receiver ; His Duties = 50
• Rule 203. Notices to Creditors and District Director of Internal Revenue = 51
• Rule 204. Meetings of Creditors = 59
• Rule 205. Examination = 61
• Rule 206. Apprehension and Removal of Bankrupt to Compel Attendance for Examination = 65
• Rule 207. Voting at Creditors' Meetings = 67
• Rule 208. Solicitation and Voting of Proxies = 69
• Rule 209. Selection of Trustee = 78
• Rule 210. Trustees for Estates When Joint Administration Ordered = 80
• Rule 211. Trustee Not Appointed in Certain Cases = 82
• Rule 212. Qualification by Trustee and Receiver = 83
• Rule 213. Limitation on Appointment of Receivers and Trustees = 86
• Rule 214. Creditors' Committee = 87
• Rule 215. Employment of Attorneys and Accountants = 87
• Rule 216. Authorization of Trustee to Conduct Business of Bankrupt = 92
• Rule 217. Ancillary Proceedings = 93
• Rule 218. Duty of Trustee to Keep Records, Make Reports, and Furnish Information = 94
• Rule 219. Compensation of Trustees, Receivers, Marshals, Attorneys, and Accountants = 96
• Rule 220. Examination of Bankrupt's Transactions with His Attorney = 105
• Rule 221. Removal of Trustee or Receiver ; Substitution of Successor = 106
• PART Ⅲ. CLAIMS AND DISTRIBUTION TO CREDITORS
• Rule 301. Proof of Claim = 108
• Rule 302. Filing Proof of Claim = 108
• Rule 303. Filing of Tax and Wage Claims by Bankrupt = 115
• Rule 304. Claim by Surety for Bankrupt = 116
• Rule 305. Withdrawal of Claim = 118
• Rule 306. Objections to and Allowance of Claims for Purpose of Distribution ; Valuation of Security = 120
• Rule 307. Reconsideration of Claims = 122
• Rule 308. Declaration and Payment of Dividends = 124
• Rule 309. Small Dividends = 125
• Rule 310. Unclaimed Funds = 125
• PART Ⅳ. THE BANKRUPT : DUTIES AND BENEFITS
• Rule 401. Adjudication as Automatic Stay of Certain Actions on Unsecured Debts = 127
• Rule 402. Duties of Bankrupt = 132
• Rule 403. Exemptions = 133
• Rule 404. Grant or Denial of Discharge = 137
• Rule 405. Waiver of Discharge = 141
• Rule 406. Implied Waiver of Discharge = 142
• Rule 407. Burden of Proof in Objecting to Discharge = 143
• Rule 408. Notice of Nondischarge = 144
• Rule 409. Determination of Dischargeability of a Debt ; Judgment on Nondischargeable Debt = 144
• PART Ⅴ. COURTS OF BANKRUPTCY : OFFICERS AND PERSONNEL; THEIR DUTIES
• Rule 501. Courts of Bankruptcy and Referees' Offices = 149
• Rule 502. Abolition of Referees' Bonds = 150
• Rule 503. Restrictions on Referees = 150
• Rule 504. Books, Records, and Reports of Referees = 151
• Rule 505. Nepotism, Influence, and Interest = 153
• Rule 506. Delegation of Ministerial Functions = 155
• Rule 507. Books and Records Kept by Clerks = 156
• Rule 508. Public Access to Records and Papers in Bankruptcy Cases = 157
• Rule 509. Filing of Papers = 158
• Rule 510. Issuance and Certification of Copies of Papers = 159
• Rule 511. Recording and Reporting of Proceedings = 160
• Rule 512. Designated Depositories = 163
• Rule 513. Special Masters = 167
• Rule 514. Closing Cases = 167
• Rule 515. Reopening Cases = 168
• PART Ⅵ. COLLECTION AND LIQUIDATION OF THE ESTATE
• Rule 601. Filing of Petition as Automatic Stay Against Lien Enforcement = 170
• Rule 602. Duty of Trustee or Receiver to Give Notice of Bankruptcy = 175
• Rule 603. Burden of Proof as to Validity of Post-Bankruptcy Transfer = 179
• Rule 604. Accounting by Prior Custodian of Property of the Estate = 179
• Rule 605. Money of the Estate : Collection, Deposit, and Disbursement = 180
• Rule 606. Appraisal and Sale of Property ; Compensation and Eligibility of Appraisers and Auctioneers = 182
• Rule 607. Assumption, Rejection, and Assignment of Executory Contracts = 185
• Rule 608. Abandonment of Property = 187
• Rule 609. Redemption of Property from Lien or Sale = 188
• Rule 610. Prosecution and Defense of Proceedings by Trustee or Receiver = 189
• Rule 611. Preservation of Voidable Transfer = 189
• Rule 612. Proceeding to Avoid Indemnifying Lien or Transfer to Surety = 190
• PART Ⅶ. ADVERSARY PROCEEDINGS
• Rule 701. Scope of Rules of Part VII = 192
• Rule 703. Commencement of Adversary Proceeding = 194
• Rule 704. Process ; Service of Summons, Complaint, and Notice of Trial = 195
• Rule 705. Service and Filing of Pleadings and Other Papers = 206
• Rule 707. Pleadings Allowed = 208
• Rule 708. General Rules of Pleading = 208
• Rule 709. Pleading Special Matters = 209
• Rule 710. Form of Pleadings = 210
• Rule 712. Defenses and Objections = 210
• Rule 713. Counterclaim and Cross-Claim = 214
• Rule 714. Third-Party Practice = 216
• Rule 715. Amended and Supplemental Pleadings = 218
• Rule 716. Pre-Trial Procedure ; Formulating Issues = 218
• Rule 717. Parties Plaintiff and Defendant ; Capacity = 219
• Rule 718. Joinder of Claims and Remedies = 220
• Rule 719. Joinder of Persons Needed for Just Determination = 220
• Rule 720. Permissive Joinder of Parties = 223
• Rule 721. Misjoinder and Non-Joinder of Parties = 223
• Rule 722. Interpleader = 224
• Rule 723. Class Proceedings = 224
• Rule 723.1 Derivative Proceedings by Shareholders = 225
• Rule 723.2 Adversary Proceedings Relating to Unincorporated Associations = 225
• Rule 724. Intervention = 225
• Rule 725. Substitution of Parties = 225
• Rule 726. General Provisions Governing Discovery = 225
• Rule 727. Depositions Before Adversary Proceeding or Pending Appeal = 227
• Rule 728. Persons Before Whom Depositions May Be Taken = 230
• Rule 729. Stipulations Regarding Discovery Procedure = 230
• Rule 730. Depositions upon Oral Examination = 230
• Rule 731. Depositions upon Written Questions = 232
• Rule 732. Use of Depositions in Court Proceedings = 232
• Rule 733. Interrogatories to Parties = 233
• Rule 734. Production of Documents and Things and Entry upon Land for Inspection and Other Purposes = 233
• Rule 735. Physical and Mental Examination of Persons = 233
• Rule 736. Requests for Admission = 234
• Rule 737. Failure to Make Discovery : Sanctions = 234
• Rule 741. Dismissal of Adversary Proceedings = 235
• Rule 742. Consolidation of Adversary Proceedings ; Separate Trials = 236
• Rule 744.1. Determination of Foreign Law = 237
• Rule 752. Findings by the Court = 237
• Rule 754. Judgments ; Costs = 239
• Rule 755. Default = 240
• Rule 756. Summary Judgment = 242
• Rule 762. Stay of Proceedings to Enforce a Judgment = 242
• Rule 764. Seizure of Person or Property = 243
• Rule 765. Injunctions = 243
• Rule 767. Deposit in Court = 244
• Rule 768. Offer of Judgment = 245
• Rule 769. Execution = 245
• Rule 770. Judgments for Specific Acts ; Vesting Title = 245
• Rule 771. Process in Behalf of and Against Persons Not Parties = 246
• Rule 782. Transfer of Adversary Proceeding = 246
• PART Ⅷ. APPEAL TO DISTRICT COURT
• Rule 801. Manner of Taking Appeal = 248
• Rule 802. Time for Filing Notice of Appeal = 248
• Rule 803. Finality of Referee's Judgment or Order = 251
• Rule 804. Service of the Notice of Appeal = 251
• Rule 805. Stay Pending Appeal = 252
• Rule 806. Record and Issues on Appeal = 253
• Rule 807. Transmission of the Record ; Docketing of the Appeal = 254
• Rule 808. Filing and Service of Briefs = 255
• Rule 809. Oral Argument = 255
• Rule 810. Disposition of Appeal ; Weight Accorded Referee's Findings = 256
• Rule 811. Costs = 257
• Rule 812. Motion for Rehearing = 257
• Rule 813. Duties of Clerk on Disposition of Appeal = 258
• Rule 814. Suspension of Rules in Part Ⅷ = 258
• PART Ⅸ. GENERAL PROVISIONS
• Rule 901. General Definitions = 260
• Rule 902. Meanings of Words in the Federal Rules of Civil Procedure When Applicable in a Bankruptcy Case = 265
• Rule 903. Rule of Construction = 266
• Rule 904. General Requirements of Form = 267
• Rule 905. Harmless Error = 268
• Rule 906. Time = 269
• Rule 907. General Authority to Regulate Notices = 272
• Rule 908. Publication = 273
• Rule 909. Forms = 273
• Rule 910. Representation and Appearances ; Powers of Attorney = 274
• Rule 911. Signing and Verification of Pleadings and Other Papers = 276
• Rule 912. Oaths and Affirmations = 278
• Rule 913. Habeas Corpus for Performance of Duties Under Act = 279
• Rule 914. Procedure in Contested Matters Not Otherwise Provided for = 280
• Rule 915. Objection to Jurisdiction of Court of Bankruptcy = 281
• Rule 916. Subpoena = 284
• Rule 917. Evidence = 285
• Rule 918. Secret, Confidential, Scandalous, or Defamatory Matter = 285
• Rule 919. Compromise and Arbitration = 286
• Rule 920. Contempt Proceedings = 287
• Rule 921. Entry of Judgment = 295
• Rule 922. Notice of Judgment or Order = 297
• Rule 923. New Trials ; Amendment of Judgments = 298
• Rule 924. Relief from Judgment or Order = 298
• Rule 925. Security : Proceedings Against Sureties = 300
• Rule 926. Exceptions Unnecessary = 301
• Rule 927. Local Bankruptcy Rules = 301
• Rule 928. Jurisdiction Unaffected = 302
• Rule 929. Title = 302
• OFFICIAL FORMS IN BANKRUPTCY
• Form No. 1. Petition for Voluntary Bankruptcy = 303
• Form No. 2. Application to Pay Filing Fees in Installments = 305
• Form No. 3. Order Permitting Payment of Filing Fees in Installments = 306
• Form No. 4. Verification on Behalf of a Corporation = 307
• Form No. 5. Verification on Behalf of a Partnership = 308
• Form No. 6. Schedules = 310
• Form No. 7. Statement of Affairs for Bankrupt Not Engaged in Business = 321
• Form No. 8. Statement of Affairs for Bankrupt Engaged in Business = 329
• Form No. 9. Creditors' Petition for Bankruptcy = 341
• Form No. 10. Summons to Bankrupt = 343
• Form No. 11. Adjudication of Bankruptcy = 344
• Form No. 12. Order for First Meeting of Creditors and Related Orders, Combined with Notice Thereof and of Automatic Stay = 345
• Form No. 13. General Power of Attorney = 348
• Form No. 14. Special Power of Attorney = 350
• Form No. 15. Proof of Claim = 351
• Form No. 16. Proof of Claim for Wages, Salary, or Commissions = 354
• Form No. 17. Order Approving Election of Trustee or Appointing Trustee and Fixing the Amount of his Bond = 356
• Form No. 18. Notice to Trustee of his Election or Appointment and of Time for Filing a Complaint Objecting to Discharge of Bankrupt = 357
• Form No. 19. Bond of Trustee or Receiver = 358
• Form No. 20. Order Approving Trustee's Bond = 359
• Form No. 21. Order That No Trustee Be Appointed = 359
• Form No. 22. Report of Exempt Property = 360
• Form No. 23. Order Approving Report of Exemptions = 361
• Form No. 24. Discharge of Bankrupt = 362
• Form No. 25. Caption for Adversary Proceeding = 363
• Form No. 26. Summons and Notice of Trial of Adversary Proceeding = 364
• Form No. 27. Subpoena to Witness = 365
• Form No. 28. Notice of Appeal to a District Court from a Judgment or Order of a Referee Entered in Adversary Proceeding = 366
• Form No. 29. Order and Notice for Final Meeting of Creditors = 367
• Form No. 30. Report of Trustee in No-Asset Case = 370
• Appendix Ⅰ.Table of Cross References from Bankruptcy Rules and Forms to Bankruptcy Act, General Orders, Official Forms, Federal Rules of Civil Procedure, and Federal Rules of Appellate Procedure = 372
• Appendix Ⅱ. Table of Cross References from Bankruptcy Act, General Orders, Official Forms, Federal Rules of Civil Procedure, and Federal Rules of Appellate Procedure to Bankruptcy Rules and Forms = 383