Rule 9014. Contested Matters — Inbound Citations

Citations to Fed. R. Bankr. P. 9014 as a whole

• Fed. R. Bankr. P. 1017(f)(1)

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  (1) In General. Rule 9014 governs a proceeding to dismiss or suspend a case or to convert it to another chapter—except under § 706(a), 1112(a), 1208(a) or (b), or 1307(a) or (b).

• Fed. R. Bankr. P. 1020(c)

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  (c) An objection or request under this rule is governed by Rule 9014 and must be served on:

  • the debtor;

  • the debtor’s attorney;

  • the United States trustee;

  • the trustee;

  • the creditors included on the list filed under Rule 1007(d)—or if a committee has been appointed under § 1102(a)(3), the committee or its authorized agent; and

  • any other entity as the court orders.

• Fed. R. Bankr. P. 2007.2(e)

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  (e) Rule 9014 governs any motion under this Rule 2007.2. The motion must be sent to the United States trustee and served on:

  • the debtor;

  • the trustee;

  • any committee elected under § 705 or appointed under § 1102, or its authorized agent; and

  • any other entity as the court orders.

  In a Chapter 9 or 11 case, if no committee of unsecured creditors has been appointed under § 1102, the motion must also be served on the creditors included on the list filed under Rule 1007(d).

• Fed. R. Bankr. P. 2015.1(b)(1)

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  (1) Motion to Review; Service. Rule 9014 governs a patient-care ombudsman’s motion under § 333(c) to review confidential patient records. The motion must:

  (A) be served on the patient;

  (B) be served on any family member or other contact person whose name and address have been given to the trustee or the debtor in order to provide information about the patient’s health care; and

  (C) be sent to the United States trustee, subject to applicable nonbankruptcy law concerning patient privacy.

• Fed. R. Bankr. P. 3015(h)(2)

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  (2) Objecting to a Modification. Rule 9014 governs an objection to a proposed modification. An objection must be filed and served on:

  • the debtor;

  • the trustee; and

  • any other entity the court designates.

  A copy must also be sent to the United States trustee.

• Fed. R. Bankr. P. 3019(c)

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  (c) In a case under Subchapter V of Chapter 11, Rule 9014 governs a request to modify the plan under § 1193(b) or (c), and (b) of this rule applies.

• Fed. R. Bankr. P. 4001(b)(1)(A)

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  (A) Motion. A motion for authorization to use cash collateral must comply with Rule 9014 and must be accompanied by a proposed form of order.

• Fed. R. Bankr. P. 4001(c)(1)(A)

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  (A) Motion. A motion for authorization to obtain credit must comply with Rule 9014 and must be accompanied by a copy of the credit agreement and a proposed form of order.

• Fed. R. Bankr. P. 4003(d)(1)(A)

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  (A) filing a motion under Rule 9014; or

• Fed. R. Bankr. P. 4004(d)

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  (d) The Part VII rules govern an objection to a discharge, except that Rule 9014 governs an objection to a discharge under § 727(a)(8) or (9) or § 1328(f).

• Fed. R. Bankr. P. 5011(b)

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  (b) Rule 9014 governs a motion asking the court to abstain from hearing a proceeding under 28 U.S.C. § 1334(c). The motion must be served on all parties to the proceeding.

• Fed. R. Bankr. P. 6004(b)

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  (b) Except as provided in (c) and (d), an objection to a proposed use, sale, or lease of property must be filed and served at least 7 days before the date set for the proposed action or within the time set by the court. Rule 9014 governs the objection.

• Fed. R. Bankr. P. 6004(c)

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  (c) A motion for authority to sell property free and clear of liens or other interests must be made in accordance with Rule 9014 and served on the parties who have the liens or other interests. The notice required by (a) must include:

  (1) the date of the hearing on the motion; and

  (2) the time to file and serve an objection on the debtor in possession or trustee.

• Fed. R. Bankr. P. 6004(d)

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  (d) If all the nonexempt property of the estate—in the aggregate—has a gross value less than $2,500, a notice of an intent to sell the property that is not in the ordinary course of business must be given to:

  • all creditors;

  • all indenture trustees;

  • any committees appointed or elected under the Code;

  • the United States trustee; and

  • other persons as the court orders.

  A party in interest may file and serve an objection within 14 days after the notice is mailed or within the time set by the court. Rule 9014 governs the objection.

• Fed. R. Bankr. P. 6004(g)(1)

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  (1) Request for a Consumer-Privacy Ombudsman. A motion for authority to sell or lease personally identifiable information under § 363(b)(1)(B) must include a request for an order directing the United States trustee to appoint a consumer-privacy ombudsman under § 332. Rule 9014 governs the motion. It must be sent to the United States trustee and served on:

  • any committee elected under § 705 or appointed under § 1102;

  • in a Chapter 11 case in which no committee of unsecured creditors has been appointed under § 1102, on the creditors included on the list filed under Rule 1007(d); and

  • other entities as the court orders.

• Fed. R. Bankr. P. 6006(a)

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  (a) Rule 9014 governs a proceeding to assume, reject, or assign an executory contract or unexpired lease, other than as part of a plan.

• Fed. R. Bankr. P. 6006(b)

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  (b) In a Chapter 9, 11, 12, or 13 case, Rule 9014 governs a proceeding by a party to an executory contract or unexpired lease to require the trustee, debtor in possession, or debtor to determine whether to assume or reject the contract or lease.

• Fed. R. Bankr. P. 9020

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  Rule 9014 governs a motion for a contempt order made by the United States trustee or a party in interest.