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Fed. R. Bankr. P. 5009

Closing a Chapter 7, 12, 13, or 15 Case; Declaring Liens Satisfied

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

(a) CLOSING A CHAPTER 7, 12, OR 13 CASE. The estate in a Chapter

7, 12, or 13 case is presumed to have been fully administered when:

(1) the trustee has filed a final report and final account and

has certified that the estate has been fully administered; and

(2) within 30 days after the filing, no objection to the report

has been filed by the United States trustee or a party in interest.

(b) CHAPTER 7 OR 13—N OTICE OF A FAILURE TO FILE A CERTIFICATE

OF COMPLETION FOR A COURSE ON PERSONAL FINANCIAL MANAGEMENT. This subdivision (b) applies if an individual debtor in a

Chapter 7 or 13 case is required to file a certificate under Rule

1007(b)(7) and fails to do so within 45 days after the first date set

for the meeting of creditors under § 341(a). The clerk must promptly notify the debtor that the case will be closed without entering

a discharge if the certificate is not filed within the time prescribed by Rule 1007(c).

(c) CLOSING A CHAPTER 15 CASE.

(1) Foreign Representative’s Final Report. In a proceeding recognized under § 1517, when the purpose of a foreign representative’s appearance is completed, the representative must file a

final report describing the nature and results of the representative’s activities in the court.

(2) Giving Notice of the Report. The representative must send

a copy of the report to the United States trustee, give notice

of its filing, and file a certificate indicating that the notice

has been given to:

(A) the debtor;

(B) all persons or bodies authorized to administer the

debtor’s foreign proceedings;

(C) all parties to litigation pending in the United States

in which the debtor was a party when the petition was

filed; and

(D) any other entity the court designates.

(3) Presumption of Full Administration. If the United States

trustee or a party in interest does not file an objection within

30 days after the certificate is filed, the case is presumed to

have been fully administered.

78 Rule 5010 FEDERAL RULES OF BANKRUPTCY PROCEDURE

1 So in original. The heading probably should not be italicized.

(d) Order Declaring a Lien Satisfied .1 This subdivision (d) applies

in a Chapter 12 or 13 case when a claim secured by property of the

estate is subject to a lien under applicable nonbankruptcy law.

The debtor may move for an order declaring that the secured

claim has been satisfied and the lien has been released under the

terms of the confirmed plan. The motion must be served—in the

manner provided by Rule 7004 for serving a summons and complaint—on the claim holder and any other entity the court designates.

(As amended Apr. 30, 1991, eff. Aug. 1, 1991; Apr. 28, 2010, eff. Dec.

1, 2010; Apr. 16, 2013, eff. Dec. 1, 2013; Apr. 27, 2017, eff. Dec. 1, 2017;

Apr. 2, 2024, eff. Dec. 1, 2024.)

Provenance

Source
uscourts.gov
Retrieved
2026-09-03
Edition
2026-08-19
Content hash
b73ab23344de7df9eccf29f5d1cf7a3e422b3255ef448deea1acfbb87d8e6c27
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