This rule is derived from Rule
43
(d) F.R.Civ.P.
The provisions of former Bankruptcy Rule
912
(a) relating to who may administer oaths have been deleted as unnecessary. Bankruptcy judges and the clerks and deputy clerks of bankruptcy courts are authorized by statute to administer oaths and affirmations and to take acknowledgments.
28 U.S.C. §§
459,
953. A person designated to preside at the meeting of creditors has authority under Rule
2003
(b)(1) to administer the oath. Administration of the oath at a deposition is governed by Rule
7028.
Subdivision (a) has been added to the rule to authorize bankruptcy judges and clerks to administer oaths.
This rule is amended to conform to the 1986 amendment to § 343 which provides that the United States trustee may administer the oath to the debtor at the § 341 meeting. This rule also allows the United States trustee to administer oaths and affirmations and to take acknowledgments in other situations. This amendment also affects Rule
9010
(c) relating to the acknowledgment of a power of attorney. The words “United States trustee” include a designee of the United States trustee pursuant to Rule
9001 and § 102(9) of the Code.