Section 2.25 Contested Matters

• Library: Bankruptcy Practice (2007 Ed. + 2015 Cum Supp)

B. (§2.25) Contested Matters

Contested matters, such as motions for relief from the automatic stay and for conversion or dismissal of a case, are not adversary proceedings under Federal Rules of Bankruptcy Procedure 7001 and 9014. In re Williams, 15 B.R. 655 (E.D. Mo. 1981), aff’d, 696 F.2d 999 (8^th Cir. 1982). The pleadings and procedures in contested matters are governed by the Federal Rules of Civil Procedure as incorporated by Part VII of the Federal Rules of Bankruptcy Procedure and, in part, incorporated by reference in Rule 9014.

Unlike adversary proceedings, which require a request for relief in the form of a complaint, contested matters require that relief be requested by motion, although the court may order that certain rules for adversary proceedings in Part VII of the Federal Rules of Bankruptcy Procedure apply. Rule 9014. Unless the court directs otherwise, the following Federal Rules of Bankruptcy Procedure apply in contested matters:

7009

7017

7021

7025

7026

7028–7037

7041

7042

7052

7054–7056

7064

7069

7071

Rule 9014(c); s...