Rule Text
To the extent these rules incorporate by reference the Federal Rules of Civil Procedure, an amendment to those rules is also effective under these rules, unless the amendment or these rules provide otherwise.
Amendment history: (As amended Apr. 30, 1991, eff. Aug. 1, 1991; 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.
An amendment to the Federal Rules of Civil Procedure automatically applies under the Bankruptcy Rules whenever those rules incorporate the civil rule by reference. This happens unless the amendment itself, or the Bankruptcy Rules, say otherwise.
Committee Notes
Notes of Advisory Committee on Rules—1991 Amendment
This rule is amended to provide flexibility so that the Bankruptcy Rules may provide that subsequent amendments to a Federal Rule of Civil Procedure made applicable by these rules are not effective with regard to Bankruptcy Code cases or proceedings. For example, in view of the anticipated amendments to, and restructuring of, Rule 4 F.R.Civ.P., Rule 7004(g) will prevent such changes from affecting Bankruptcy Code cases until the Advisory Committee on Bankruptcy Rules has an opportunity to consider such amendments and to make appropriate recommendations for incorporating such amendments into the Bankruptcy Rules.
Committee Notes on Rules—2024 Amendment
The language of Rule 9032 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.
References in Text
The Federal Rules of Civil Procedure, referred to in text, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
