Computation of Objection Period Under Rule 9006(f)

The following discusses application of Federal Rule of Bankruptcy Procedure 9006(f) when service is made by mail or other specified means.

1. Text of the Rule 9006(f).  Rule 9006(f) provides:

   When there is a right or requirement to act or undertake some proceedings within a prescribed period after service and that service is by mail or under Rule 5(b)(2)(D), (E), or (F) F.R.Civ.P., three days are added after the prescribed period would otherwise expire under Rule 9006(a).

2. When Rule 9006(f) Applies.
   
   
   1. Rule 9006(f) applies when service is effectuated by United States mail or certain other means, including service by use of CM/ECF.
   
   
   2. Rule 9006(f) applies only if a period is computed under Rule 9006(a).  A period is not computed under Rule 9006(a) if the period ends on a fixed date or at a fixed time.


3. Adding Three Days When the Last Day of the Period Falls on a Weekend or Legal Holiday.  If the last day of the objection period falls on a weekend or legal holiday without regard to the three days added under Rule 9006(f), then you go to the next business day before adding three additional days under Rule 9006(f).
   
   Rule 9006(f) provides that the three days added under Rule 9006(f) are added at the end of the “prescribed period” set forth in Rule 9006(a).  If the stated period (e.g., 14 days, 21 days, 28 days) ends on a weekend or a legal holiday, then the “prescribed period” ends on the next business day.  Thus, if the last day of the stated period ends on a weekend or legal holiday, the prescribed period ends on the next business day, and three days are added to the end of the prescribed period.


4. Examples.
   
   Example #1.  The objection deadline is 21 days after service of notice.  Notice was served by mail on Friday, December 4.  The 21-day period falls on Friday, December 25, which is a legal holiday.  Since the stated period of 21 days ends on a legal holiday, the deadline without reference to Rule 9006(f) is Monday, December 28 (which the next day after December 25 that is not a weekend day or legal holiday).  Because service was made by mail, under Rule 9006(f) three days are added to December 28 resulting in an objection deadline of December 31.  Note:  The same computation would occur if notice had been served via CM/ECF. See Fed.R.Civ.P. 5(b)(E).
   
   Example #2.  A court order specifies that the objection deadline is Monday, January 4. Rule 9006(f) does not apply.  The deadline is Monday, January 4, regardless of whether January 4 is weekend or legal holiday.
   
   Example #3.  A court order specifies that the objection deadline is Monday, January 4 at 4:00 p.m. Rule 9006(f) does not apply.  The deadline is Monday, January 4 at 4:00 p.m., regardless of whether January 4 is a weekend or legal holiday.

Prepared by Robert H. Jacobvitz, United States Bankruptcy Judge, District of New Mexico, and posted on his web page January 12, 2010.