Rule 9025. Security: Proceedings Against Security Providers

Primary tabs

Whenever the Code or these rules require or permit a party to give security, and security is given with one or more security providers, each provider submits to the jurisdiction of the court, and liability may be determined in an adversary proceeding governed by the rules in Part VII.

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.

Notes of Advisory Committee on Rules—2018

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.