Bankruptcy Rules of Civil Procedure
The Federal Rules of Bankruptcy Procedure are basically the laws that govern the procedure of bankruptcy. The Rules explain everything about how to handle your bankruptcy case. The Rules are detailed and precise, and you are expected to know and follow the Rules when you appear in bankruptcy court.
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Generally
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Every lawsuit is governed by Rules of Civil Procedure that apply in that court. Bankruptcy courts are federal courts that use two different Rules of Civil Procedure, including both the Federal Rules of Civil Procedure and the Federal Rules of Bankruptcy Procedure. The Federal Rules of Bankruptcy Procedure are additional rules that apply only in Bankruptcy courts but not in other federal courts. The Rules are frequently updated and revised so you always need to be sure you have the current version.
Considerations
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The Rules detail how and when to file documents, how to respond to documents, how to request a hearing from the bankruptcy judge, and how to request a decision from the bankruptcy judge. The rules even explain how to format any documents you file with the court, including how to label the document, how long the document should be, what to call the document, and what should be included in the document.
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Benefits
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The nice thing about having a uniform set of rules to govern the bankruptcy proceeding is that it provides consistency in judicial decisions and proceedings. Parties appearing before the bankruptcy court know what to expect and how to proceed, and attorneys become experts because cases follow the same general pattern. This can provide reduced cost for bankruptcy filers.
Time Frame
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The Rules apply to the very first thing you file with the bankruptcy court, which is your petition for bankruptcy. This means the Rules should be consulted before your bankruptcy case even begins.
Warning
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Failure to follow the Rules can result in your case being dismissed, or more likely delayed. Judges expect all debtors to know and follow the Rules, and they have very little patience for failure to follow the Rules, even if you claim you are ignorant of the Rules because you can't afford an attorney. If you can't afford to hire an attorney, you need to be prepared to read, understand and follow the Rules on your own.
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