Fed. R. Bankr. P. 9038

(a) C ONDITIONS FOR AN EMERGENCY. The Judicial Conference of

the United States may declare a Bankruptcy Rules emergency if

it determines that extraordinary circumstances relating to public

145 Rule 9038 FEDERAL RULES OF BANKRUPTCY PROCEDURE

health or safety, or affecting physical or electronic access to a

bankruptcy court, substantially impair the court’s ability to perform its functions in compliance with these rules.

(b) DECLARING AN EMERGENCY.

(1) Content. The declaration must:

(A) designate the bankruptcy court or courts affected;

(B) state any restrictions on the authority granted in (c);

and

(C) be limited to a stated period of no more than 90 days.

(2) Early Termination. The Judicial Conference may terminate a declaration for one or more bankruptcy courts before

the termination date.

(3) Additional Declarations. The Judicial Conference may

issue additional declarations under this rule.

(c) TOLLING AND EXTENDING TIME LIMITS.

(1) In an Entire District or Division. When an emergency is in

effect for a bankruptcy court, the chief bankruptcy judge may,

for all cases and proceedings in the district or in a division:

(A) order the extension or tolling of a Bankruptcy Rule,

local rule, or order that requires or allows a court, a clerk,

a party in interest, or the United States trustee, by a specified deadline, to commence a proceeding, file or send a

document, hold or conclude a hearing, or take any other

action, despite any other Bankruptcy Rule, local rule, or

order; or

(B) order that, when a Bankruptcy Rule, local rule, or

order requires that an action be taken ‘‘promptly,’’ ‘‘forthwith,’’ ‘‘immediately,’’ or ‘‘without delay,’’ it be taken as

soon as is practicable or by a date set by the court in a

specific case or proceeding.

(2) In a Specific Case or Proceeding. When an emergency is in

effect for a bankruptcy court, a presiding judge may take the

action described in (1) in a specific case or proceeding.

(3) When an Extension or Tolling Ends. A period extended or

tolled under (1) or (2) terminates on the later of:

(A) the last day of the time period as extended or tolled

or 30 days after the emergency declaration terminates,

whichever is earlier; or

(B) the last day of the time period originally required,

imposed, or allowed by the relevant Bankruptcy Rule,

local rule, or order that was extended or tolled.

(4) Further Extensions or Shortenings. A presiding judge may

lengthen or shorten an extension or tolling in a specific case

or proceeding. The judge may do so only for good cause after

notice and a hearing and only on the judge’s own motion or on

motion of a party in interest or the United States trustee.

(5) Exception. A time period imposed by statute may not be

extended or tolled.

(Added Apr. 24, 2023, eff. Dec. 1, 2023; amended Apr. 2, 2024, eff. Dec.

1, 2024.)

[PART X—UNITED STATES TRUSTEES] (Abrogated Apr. 30,

1991, eff. Aug. 1, 1991)

146 APPENDIX FEDERAL RULES OF BANKRUPTCY PROCEDURE

147 APPENDIX FEDERAL RULES OF BANKRUPTCY PROCEDURE

(As added Apr. 26, 2018, eff. Dec. 1, 2018.)

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