Rule 402. Duties of bankrupt.

In addition to performing other duties prescribed by these rules, the bankrupt shall (1) attend and submit to an examination at the first meeting of creditors and at such other times as ordered by the court; (2) attend at the hearing on a complaint objecting to his discharge and, if called as a witness, testify with respect to the issues raised; (3) if he has not yet filed a schedule of property pursuant to Rule 108, immediately inform the receiver or, if no receiver is appointed, the trustee, in writing, as to the location of real property in which he has an interest and the name and address of every person holding money or property subject to his withdrawal or order; (4) if the court directs, file a statement of the executory contracts, including unexpired leases, to which he is a party; (5) cooperate with the receiver, if any, and the trustee in the preparation of an inventory, the examination of proofs of claim, and the administration of the estate; and (6) comply with all orders of the court.

Rule 403. Exemptions.

(a) Claim of exemptions.—A bankrupt shall claim his exemptions in the schedule of his property required to be filed by Rule 108.

(b) Trustee's report. The trustee shall examine the bankrupt's claim for exemptions, set apart such as are lawfully claimed and allowable, and report to the court the items set apart, the amount or estimated value of each, and the exemptions claimed that are not allowable. The report shall be filed with the court no later than 15 days after the trustee qualifies. If the trustee reports that any exemption claimed is not allowable, he shall forthwith mail or deliver copies of the report to the bankrupt and his attorney.

(c) Objections to report.-Any creditor or the bankrupt may file objections to the report within 15 days after its filing, unless further time is granted by the

court within such 15-day period. Copies of the objections so filed shall be delivered or mailed to the trustee and, if the objections are by a creditor, to the bankrupt and his attorney. After hearing upon notice the court shall determine the issues presented by the objections. The burden of proof shall be on the objector.

(d) Procedure if no trustee qualified.-If no trustee has qualified, the bankruptcy judge shall file the report prescribed by subdivision (b) of this rule within 15 days after the first date set for the first meeting of creditors. If the bankrupt files objections to the report, the court shall appoint a trustee or receiver, who shall represent the estate in the hearing on the objections.

(e) Approval of report if no objections.-If no objections are filed within the time provided by this rule, the report shall be deemed approved by the court. Оп request, the court may, at any time and without reopening the case, enter an order approving the report.

(f) Claim of exemption by person other than bankrupt. If the bankrupt fails to claim the exemptions to which he is entitled, or if he dies before his exemptions have been set apart to him, his spouse, dependent children, or any other persons who are entitled to claim the exemptions allowable to the bankrupt may, within such time as the court may order, file a claim for his exemptions or object to the report.

Rule 404. Grant or denial of discharge.

(a) Time for filing complaint objecting to discharge.The court shall make an order fixing a time for the filing of a complaint objecting to the bankrupt's discharge under § 14c of the Act. The time shall be not less than 30 days nor more than 90 days after the first date set for the first meeting of creditors, except that if notice. of no dividend is given pursuant to Rule 203 (b), the court may fix such time as early as the first date set for the first meeting of creditors.

(b) Notice.-The court shall give at least 30 days' notice of the time fixed for filing a complaint objecting to the bankrupt's discharge u' § 14c of the Act except that only 10 days' notice is required if notice of no dividend is given under Rule 203 (b). Such notice shall be given to all creditors in the manner provided in Rule 203, and to the trustee and his attorney, if any, to their respective addresses as filed with the court.

(c) Extension of time.-The court may for cause, on its own initiative or on application of any party in interest, extend the time for filing a complaint objecting to discharge.

(d) Grant of discharge.-On expiration of the time fixed for filing a complaint objecting to discharge, the court shall forthwith grant the discharge unless (1) a complaint objecting to the discharge has been filed, (2) the bankrupt has filed a waiver under Rule 405, (3) it appears that the bankrupt has failed to attend and submit himself to examination at the first meeting of creditors or at any meeting specially called for his examination, or (4) the prescribed filing fees have not been paid in full.

(e) Applicability of rules in Part VII.-A proceeding commenced by a complaint objecting to discharge is governed by the rules in Part VII.

(f) Order of discharge.-An order of discharge shall conform substantially to Official Form No. 24.

(g) Registration in other districts.-An order of discharge that has become final may be registered in any other district by filing in the office of the clerk of the district court of that district a certified copy of the order and when so registered shall have the same effect as an order of the court of the district where registered and may be enforced in like manner.

(h) Notice of discharge.-Within 45 days after an order of discharge becomes final, the court shall mail a

copy of such order to the persons specified in subdivision (b) of this rule.

Rule 405. Waiver of discharge.

Any bankrupt may waive his right to discharge by a writing filed with the court.

Rule 406. Implied waiver of discharge.

If the bankrupt fails to attend and submit himself to examination at the first meeting of creditors, at any meeting specially called for his examination, or at the trial on a complaint objecting to his discharge, the court on motion shall, or on its own initiative may, set a time for hearing to determine whether the bankrupt shall be deemed to have waived his right to a discharge. Notice of the hearing shall be given the bankrupt and such other parties in interest as the court may designate.

Rule 407. Burden of proof in objecting to discharge.

At the trial on a complaint objecting to a discharge, the plaintiff has the burden of proving the facts essential to his objection.

Rule 408. Notice of nondischarge.

If a waiver of discharge is filed, or if an order is entered denying or revoking a discharge or deeming the right thereto to have been waived, the court shall, within 30 days after the filing of the waiver or the entry of the order, give notice thereof to all creditors in the manner provided in Rule 203.

Rule 409. Determination of dischargeability of a debt; judgment on nondischargeable debt; jury trial. (a) Proceeding to determine dischargeability. (1) Persons entitled to file complaint; time for filing in ordinary case.-A bankrupt or any creditor may file a complaint with the court to obtain a determination of the dischargeability of any debt. Except as provided in paragraph (2) of this subdivision, the complaint may be filed at any time, and a case may be reopened without

the payment of an additional filing fee for the purpose of filing a complaint under this rule.

(2) Time for filing complaint under § 17c (2) of the act; notice of time fixed.-The court shall make an order fixing a time for the filing of a complaint to determine the dischargeability of any debt pursuant to § 17c (2) of the Act. The time shall be not less than 30 days nor more than 90 days after the first date set for the first meeting of creditors, except that if notice of no dividend is given pursuant to Rule 203 (b), the court may fix such time as early as the first date set for the first meeting of creditors. The court shall give creditors at least 30 days' notice of the time so fixed except that only 10 days' notice is required if notice of no dividend is given under Rule 203 (b). Such notice shall be given to all creditors in the manner provided in Rule 203. The court may for cause, on its own initiative or on application of any party in interest, extend the time fixed under this paragraph.

(b) Claim and demand for judgment on nondischargeable debt. If his claim has not yet been reduced to judgment, the creditor shall include in a complaint or answer filed under subdivision (a) of this rule a statement of his claim and demand for judgment on the debt as provided in § 17c (3) of the Act.

(c) Jury trial.-Either party may demand a trial by jury of any issue triable of right by a jury by serving on the other party and filing a demand therefor in writing at any time after the filing of a complaint under this rule and not later than 10 days after the service of the last pleading directed to such issue. Such demand may be indorsed on a pleading of the party. In his demand the party shall specify the issues which he wishes to be so tried. If he has demanded trial by jury for only some of the issues so triable of right, any other party, within 10 days after service of the demand or such lesser time as the court may order, may serve a demand for trial by jury of any other issues so triable of right in the proceeding.