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Rule 1003 United States Federal Rules of Bankruptcy Procedure

Rule 1003 United States Federal Rules of Bankruptcy Procedure

Rule 1003 of the Federal Rules of Bankruptcy Procedure is about Involuntary Petition: Transferred Claims; Joining Other Creditors; Additional Time to Join. It is under Part I (Commencement of Case; Proceedings Relating to Petition and Order for Relief) of the Rules.

​(a) Transferred Claims. An entity that has transferred or acquired a claim for the purpose of commencing an involuntary case under Chapter 7 or Chapter 11 is not a qualified petitioner. A petitioner that has transferred or acquired a claim must attach to the petition and to any copy:

(1) all documents evidencing the transfer, whether it was unconditional, for security, or otherwise; and

(2) a signed statement that:

(A) affirms that the claim was not transferred for the purpose of commencing the case; and

(B) sets forth the consideration for the transfer and its terms.

(b) Joining Other Creditors After Filing. If an involuntary petition is filed by fewer than 3 creditors and the debtor’s answer alleges the existence of 12 or more creditors as provided in § 303(b), the debtor must attach to the answer:

(1) the names and addresses of all creditors; and

(2) a brief statement of the nature and amount of each creditor’s claim.

(c) Additional Time to Join. If there appear to be 12 or more creditors, the court must allow a reasonable time for other creditors to join the petition before holding a hearing on it.

See also  2 U.S. Code § 132: Departments of Library

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