Determining Whether a Debt Is Dischargeable

Federal Rules of Bankruptcy Procedure

Rule: 4007

Jurisdiction: US

Bluebook Citation: Fed. R. Bankr. P. 4007

(a) WHO MAY FILE A COMPLAINT. A debtor or any creditor may file a complaint to determine whether a debt is dischargeable. (b) TIME TO FILE; NO FEE FOR A REOPENED CASE. A complaint, ex- cept one under § 523(c), may be filed at any time. If a case is re- opened to permit filing the complaint, no fee for reopening is re- quired. (c) CHAPTER 7, 11, 12, OR 13—TIME TO FILE A COMPLAINT UNDER § 523(c); NOTICE OF TIME; EXTENSION. Except as (d) provides, a com- plaint to determine whether a debt is dischargeable under § 523(c) must be filed within 60 days after the first date set for the § 341(a) meeting of creditors. The clerk must give all creditors at least 30 days’ notice of the time to file in the manner provided by Rule 2002. On a party in interest’s motion filed before the time expires, the court may, after notice and a hearing and for cause, extend the time to file. (d) CHAPTER 13—TIME TO FILE A COMPLAINT UNDER § 523(a)(6); NO- TICE OF TIME; EXTENSION. When a debtor files a motion for a dis- charge under § 1328(b), the court must set the time to file a com- plaint under § 523(a)(6) to determine whether a debt is discharge- able. The clerk must give all creditors at least 30 days’ notice of the time to file in the manner provided by Rule 2002. On a party in interest’s motion filed before the time expires, the court may, after notice and a hearing and for cause, extend the time to file. Rule 4008 FEDERAL RULES OF BANKRUPTCY PROCEDURE 72 (e) APPLYING PART VII RULES. The Part VII rules govern a pro- ceeding on a complaint filed under this Rule 4007. (As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 1, 1991; Apr. 26, 1999, eff. Dec. 1, 1999; Apr. 23, 2008, eff. Dec. 1, 2008; Apr. 2, 2024, eff. Dec. 1, 2024.)

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