Rule · Federal Rules of Bankruptcy Procedure

Fed. R. Bankr. P. 7013 — Counterclaim and Crossclaim

Fed. R. Bankr. P. 7013

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)

Fed. R. Civ. P. 13 applies in an adversary proceeding. But a party sued by a trustee or debtor in possession need not state as a counterclaim any claim the party has against the debtor, the debtor’s property, or the estate, unless the claim arose after the order for relief.

Citator

Fed. R. Bankr. P. 7013 — Counterclaim and Crossclaim is in force in the current edition of the Code, and nothing recorded condemns it.

Fed. R. Civ. P. 13 applies in an adversary proceeding. But a party sued by a trustee or debtor in possession need not state as a counterclaim any claim the party has against the debtor, the debtor’s property, or the estate, unless the claim arose after the order for relief. If, through oversight, inadvertence, or excusable neglect, a trustee or debtor in possession fails to plead a counterclaim—or when justice so requires—the court may permit the trustee or debtor in possession to: (a) amend the pleading; or (b) commence a new adversary proceeding or separate action.