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Fed. R. Bankr. P. 4007

Determining Whether a Debt Is Dischargeable

activein force · 2024-12-01 – presentact-effective-date

(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, except one under § 523(c), may be filed at any time. If a case is reopened to permit filing the complaint, no fee for reopening is required.

(c) C HAPTER 7, 11, 12, OR 13—T IME TO FILE A COMPLAINT UNDER

§ 523(c); NOTICE OF TIME; EXTENSION. Except as (d) provides, a complaint 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—T IME TO FILE A COMPLAINT UNDER § 523(a)(6); NOTICE OF TIME; EXTENSION. When a debtor files a motion for a discharge under § 1328(b), the court must set the time to file a complaint under § 523(a)(6) to determine whether a debt is dischargeable. 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.

72 Rule 4008 FEDERAL RULES OF BANKRUPTCY PROCEDURE

(e) APPLYING PART VII RULES. The Part VII rules govern a proceeding 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.)

Provenance

Source
uscourts.gov
Retrieved
2026-09-03
Edition
2026-08-19
Content hash
9572195f74e13aa2329d350faa71ddb9bdc155ac1e0c6e440bf31dfd9dfed972
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