Rule Text
When the Code or these rules require or permit a party to give security and the party gives security with one or more security providers, each provider submits to the court’s jurisdiction. Liability may be determined in an adversary proceeding governed by the Part VII rules.
Amendment history: (As amended Apr. 26, 2018, eff. Dec. 1, 2018; Apr. 2, 2024, eff. Dec. 1, 2024.)
Plain-English Summary (for reference only — not a substitute for the rule text above)
This summary is not the rule. The rule text controls.
Security given by a party under the Code or these rules, whether required or permitted, brings each security provider under the court’s jurisdiction. The court may determine a provider’s liability in an adversary proceeding under the Part VII rules.
Committee Notes
Notes of Advisory Committee on Rules—1983
This rule is an adaptation of Rule 65.1 F.R.Civ.P. and applies to any surety on a bond given pursuant to § 303(e) of the Code, Rules 2001, 2010, 5008, 7062, 7065, 8005, or any other rule authorizing the giving of such security.
Committee Notes on Rules—2018 Amendment
This rule is amended to reflect the amendment of Rule 62 F.R.Civ.P., which is made applicable to adversary proceedings by Rule 7062. Rule 62 allows a party to obtain a stay of a judgment “by providing a bond or other security.” Limiting this rule’s enforcement procedures to sureties might exclude use of those procedures against a security provider that is not a surety. All security providers are brought into the rule by these amendments.
Committee Notes on Rules—2024 Amendment
The language of Rule 9025 has been amended as part of the general restyling of the Bankruptcy Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only.
