Rule 4007 Federal Rules of Bankruptcy Procedure

Rule 4007 of the Federal Rules of Bankruptcy Procedure is about Determining Whether a Debt Is Dischargeable. It is under Part IV (The Debtor: Duties and Benefits) of the Rules.

(a) Who May File a Complaint. A debtor or any creditor may file a complaint to determine whether a debt is dischargeable.

(b) Time to File; No Fee for a Reopened Case. A complaint, except one under

§ 523(c), may be filed at any time. If a case is reopened to permit filing the complaint, no fee for reopening is required.

(c) Chapter 7, 11, 12, or 13—Time to File a Complaint Under § 523(c); Notice of Time; Extension. Except as (d) provides, a complaint to determine whether a debt is dischargeable under § 523(c) must be filed within 60 days after the first date set for the

§ 341(a) meeting of creditors. The clerk must give all creditors at least 30 days’ notice of the time to file in the manner provided by Rule 2002. On a party in interest’s motion filed before the time expires, the court may, after notice and a hearing and for cause, extend the time to file.

(d) Chapter 13—Time to File a Complaint Under § 523(a)(6); Notice of Time; Extension. When a debtor files a motion for a discharge under § 1328(b), the court must set the time to file a complaint under § 523(a)(6) to determine whether a debt is dischargeable. The clerk must give all creditors at least 30 days’ notice of the time to file in the manner provided by Rule 2002. On a party in interest’s motion filed before the time expires, the court may, after notice and a hearing and for cause, extend the time to file.

(e) Applying Part VII Rules. The Part VII rules govern a proceeding on a complaint filed under this Rule 4007.