Rule 9012. Oaths and Affirmations

(a) Who May Administer an Oath. These persons may administer an oath or affirmation or take an acknowledgment:

• a bankruptcy judge;

• a clerk;

• a deputy clerk;

• a United States trustee;

• an officer authorized to administer oaths in a proceeding before a federal court or by state law in the state where the oath is taken; or

• a United States diplomatic or consular officer in a foreign country.

(b) Affirmation as an Alternative. If an oath is required, a solemn affirmation suffices.

(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 1, 1991; Apr. 2, 2024, eff. Dec. 1, 2024.)

Notes of Advisory Committee on Rules-1983

This rule is derived from Rule 43(d) F.R.Civ.P.

The provisions of former Bankruptcy Rule 912(a) relating to who may administer oaths have been deleted as unnecessary. Bankruptcy judges and the clerks and deputy clerks of bankruptcy courts are authorized by statute to administer oaths and affirmations and to take acknowledgments. 28 U.S.C. §§459, 953. A person designated to preside at the meeting of creditors has authority under Rule 2003(b)(1) to administer the oath. Administration of the oath at a deposition is governed by Rule 7028.

Notes of Advisory Committee on Rules-1987 Amendment

Subdivision (a) has been added to the rule to authorize bankruptcy judges and clerks to administer oaths.

Notes of Advisory Committee on Rules-1991 Amendment

This rule is amended to conform to the 1986 amendment to §343 which provides that the United States trustee may administer the oath to the debtor at the §341 meeting. This rule also allows the United States trustee to administer oaths and affirmations and to take acknowledgments in other situations. This amendment also affects Rule 9010(c) relating to the acknowledgment of a power of attorney. The words "United States trustee" include a designee of the United States trustee pursuant to Rule 9001 and §102(9) of the Code.

Committee Notes on Rules-2024 Amendment

The language of Rule 9012 has been amended as part of the general restyling of the Bankruptcy Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only.