Source
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 23, 2008, eff. Dec. 1, 2008; Mar. 26, 2009, eff. Dec. 1, 2009.)
Notes of Advisory Committee on Rules—1983
Subdivision (a) continues the practice of former Bankruptcy Rule
712
(a) by requiring that the answer to a complaint be filed within 30 days after the issuance of the summons. Under Rule
7004
(f), the summons must be served within 10 days of issuance. The other pleading periods in adversary proceedings are the same as those in civil actions before the district courts, except that the United States is allowed 35 rather than 60 days to respond.
Rule
12
(b)(7) and (h)(2) F.R.Civ.P. refers to Rule
19 F.R.Civ.P. Pursuant to Rule
7002 these references are to Rule
19 F.R.Civ.P. as incorporated and modified by Rule
7019.
Notes of Advisory Committee on Rules—1987 Amendment
The amendment to subdivision (b) requires a response to the allegation that the proceeding is core or non-core. A final order of judgment may not be entered in a non-core proceeding heard by a bankruptcy judge unless all parties expressly consent.
28 U.S.C. §
157
(c).
Committee Notes on Rules—2008 Amendment
The rule is amended to conform to the changes made to the Federal Rules of Civil Procedure through the restyling of those rules effective on December 1, 2007.
Committee Notes on Rules—2009 Amendment
The rule is amended to implement changes in connection with the amendment to Rule
9006
(a) and the manner by which time is computed under the rules. The deadlines in the rule are amended to substitute a deadline that is a multiple of seven days. Throughout the rules, deadlines are amended in the following manner:
5-day periods become 7-day periods
10-day periods become 14-day periods
15-day periods become 14-day periods
20-day periods become 21-day periods
25-day periods become 28-day periods
References in Text
The Federal Rules of Civil Procedure, referred to in subd. (b), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.