US · rules
Fed. R. Bankr. P. 7013
Counterclaim and Crossclaim
Fed. R. Civ. P. 13 applies in an adversary proceeding. But a party
sued by a trustee or debtor in possession need not state as a counterclaim any claim the party has against the debtor, the debtor’s
property, or the estate, unless the claim arose after the order for
relief. If, through oversight, inadvertence, or excusable neglect, a
trustee or debtor in possession fails to plead a counterclaim—or
when justice so requires—the court may permit the trustee or
debtor in possession to:
(a) amend the pleading; or
(b) commence a new adversary proceeding or separate action.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 2, 2024, eff. Dec.
1, 2024.)
Provenance
- Source
- uscourts.gov
- Retrieved
- 2026-08-19
- Edition
- 2026-08-19
- Content hash
7c3ad8a0cc2f621d1d13aa8260bee5da34014fce9c059d405c239b2be1464720
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