Rule 9033 Federal Rules of Bankruptcy Procedure

Rule 9033 of the Federal Rules of Bankruptcy Procedure is about Proposed Findings of Fact and Conclusions of Law. It is under Part IX (General Provisions) of the Rules.

(a) Service. When a bankruptcy court issues proposed findings of fact and conclusions of law, the clerk must promptly serve a copy, by mail, on every party and must note the date of mailing on the docket.

(b) Objections; Time to File.

(1) Time to File. Within 14 days after being served, a party may file and serve objections. They must identify each proposed finding or conclusion objected to and state the grounds for objecting. A party may respond to another party’s objections within

14 days after being served with a copy.

(2) Ordering a Transcript. Unless the district judge orders otherwise, a party filing objections must promptly order a transcript of the record, or the parts of it that all parties agree are—or the bankruptcy judge considers to be— sufficient.

(3) Extending the Time. On request made before the time to file objections expires, the bankruptcy judge may, for cause, extend any party’s time to file for no more than 21 days after the time otherwise expires. But a request made within 21 days after that time expires may be granted upon a showing of excusable neglect.

(c) Review by the District Judge. The district judge:

(1) must review de novo—on the record or after receiving additional evidence—any part of the bankruptcy judge’s findings of fact or conclusions of law to which specific written objection has been made under (b); and

(2) may accept, reject, or modify the proposed findings of fact or conclusions of law, take additional evidence, or remand the matter to the bankruptcy judge with instructions.