Rule · Federal Rules of Bankruptcy Procedure
Fed. R. Bankr. P. 5008 — Chapter 7—Notice That a Presumption of Abuse Has Arisen Under § 707(b)
Fed. R. Bankr. P. 5008
- Type
- Rule
- Source
- Federal Rules of Bankruptcy Procedure
- Jurisdiction
- Federal
- Date
- 2026-10-22
- Current through
- Nov 10, 2026 (Office of the Law Revision Counsel)
(a) Notice to Creditors. When a presumption of abuse under § 707(b) arises in a Chapter 7 case of an individual debtor with primarily consumer debts, the clerk must, within 10 days after the petition is filed, so notify the creditors in accordance with Rule 2002. (b) Debtor’s Statement. If the debtor does not file a statement indicating whether a presumption has arisen, the clerk must, within 10 days after the petition is filed, so notify creditors and indicate that further notice will be given if a later-filed statement shows that the presumption has arisen. If the debtor later files such a statement, the clerk must promptly notify the creditors.
Citator
Fed. R. Bankr. P. 5008 — Chapter 7—Notice That a Presumption of Abuse Has Arisen Under § 707(b) is in force in the current edition of the Code, and nothing recorded condemns it.
(a) Notice to Creditors. When a presumption of abuse under § 707(b) arises in a Chapter 7 case of an individual debtor with primarily consumer debts, the clerk must, within 10 days after the petition is filed, so notify the creditors in accordance with Rule 2002. (b) Debtor’s Statement. If the debtor does not file a statement indicating whether a presumption has arisen, the clerk must, within 10 days after the petition is filed, so notify creditors and indicate that further notice will be given if a later-filed statement shows that the presumption has arisen. If the debtor later files such a statement, the clerk must promptly notify the creditors.