11 APPENDIX U.S.C. § 1013
NOTES OF ADVISORY COMMITTEE ON RULES-1983This rule is adapted from former Bankruptcy Rule 115(a) and (c) and applies in chapter 7 and 11 cases. The right to trial by jury under §19a of the Bankruptcy Act has been abrogated and the availability of a trial by jury is within the discretion of the bankruptcy judge pursuant to 28 U.S.C. § 1480(b). Rule 9015 governs the demand for a jury trial.Subdivision (b) of Rule 1013 is derived from former Bankruptcy Rule 115(c) and §18(e) of the Bankruptcy Act. If an order for relief is not entered on default, dismissal will ordinarily be appropriate but the court may postpone definitive action. See also Rule 9024 with respect to setting aside an order for relief on default for cause.Subdivision (e) of former Bankruptcy Rule 115 has not been carried over because its provisions are covered by §303(i) of the Code.
NOTES OF ADVISORY COMMITTEE ON RULES-1991 AMENDMENTReference to the Official Form number is deleted in anticipation of future revision and renumbering of the Official Forms.
NOTES OF ADVISORY COMMITTEE ON RULES-1993 AMENDMENTSubdivision (c) is abrogated because the official form for the order for relief was abrogated in 1991. Other amendments are stylistic and make no substantive change.