Select Local Rule Series

You are here

Filing Proof of Claim or Interest in Chapter 7, 12, or 13 Cases

Local Rule Number: 
Rule 3002-1
3000 Series

(A)       Chapter 7 No-Asset Cases.  Claims Deadline in Cases Converted from Chapter 13 to Chapter 7.  Upon the filing of a “Notice of Assets”, a deadline for filing claims shall be established as provided by Bankruptcy Rule 3002(c)(5), and noticed pursuant to Local Rule 2002-1(C)(7).  Claims deadlines in chapter 13 cases converted to chapter 7 cases shall be established as provided by Bankruptcy Rule 3002(c)(5) and Local Rule 1019-1(I).

☞2016 Amendment: Citation to Local Rule 1019-1 amended to reflect adoption of Interim Local Rule 1019-1 by Administrative Order 2016-02.

 (B)       Modification of Claims Deadline.  The deadline in Bankruptcy Rule 3002(c) for filing a proof of claim in a chapter 7, 12 or 13 case is modified in the following circumstances for non-governmental unit claimants:

 [Comment: See 11 U.S.C. §502(b)(9) (claims deadline for governmental units).]

 (1)        Meeting of Creditors Untimely Noticed.  If service of the §341 or post-conversion meeting notice is not timely provided pursuant to Bankruptcy Rule 2002(a),  the deadline for filing a proof of claim or interest shall be 70 days after the service date of the §341 or post conversion meeting notice.

 (2)        Case Dismissed and Reinstated.  If a case is dismissed prior to the expiration of the claims deadline and subsequently reinstated the new deadline for filing a proof of claim or interest shall be 70 days from entry of the order reinstating the case.

Local Form “Order Reinstating Chapter 13 Case” is required for any reinstated chapter 13 case and Local Form “Order Reinstating Chapter 7 Case” is required for any reinstated chapter 7 case.

☞2017 Amendment: Local Rule 3002-1 has been amended to reflect adoption of Interim Local Rule 3002-1(B) by Administrative Order 17-04.

 (C)       Deadline for Claims Arising from Rejection of Contracts or Leases.  Unless otherwise ordered by the court, any proof of claim arising pursuant to 11 U.S.C. §502(g), from the rejection of an executory contract or unexpired lease, must be filed on or before the latest of: i) the time for filing a proof of claim pursuant to Bankruptcy Rule 3002(c) or Local Rule 3002-1(A), whichever is applicable; ii) 30 days after the entry of the order compelling or approving the rejection of the contract or lease; or iii) 30 days after the effective date of the rejection of the contract or lease.  The order of rejection shall contain the notice mandated by Local Rule 6006-1.

[Comment: See Bankruptcy Rule 3002(c)(4) (deadline for claims arising from rejection).]

(D)       Deadline for Filing Claims in Chapter 7 Cases Reopened to Administer Assets.  Upon the filing by a trustee of a “Notice of Assets” in a reopened chapter 7 case:

(1)        If no claims deadline was established in the original case or if a claims deadline was established and rendered moot by the filing of a “Report of No Distribution” by the trustee in the original case, the court shall set a deadline of 90 days from issuance of the clerk’s Notice of Deadline to File Claims.  For governmental units, the deadline shall be this deadline or 180 days after relief was ordered in the original chapter 7 case, whichever is later.  Any claims filed during the pendency of the original case shall be deemed filed in the reopened case.

(2)        If a claims deadline established in the original case expired prior to the filing of a “Report of No Distribution” by the trustee, or if a distribution was made to creditors by the trustee subsequent to the expiration of a claims deadline in the original case, no additional claims deadline shall be established.  Creditors considered for distributions shall be those creditors who filed claims in the original case.

(E)        Service of a Proof of Claim in Chapter 13 Cases.  In a chapter 13 case where the debtor is pro se, the party filing a proof of claim shall serve, via U.S. mail, a copy of the claim, including all attachments required upon the debtor.  Service on the chapter 13 trustee or the attorney for the debtor is not required since these parties will automatically receive access to the claim and attachments electronically in CM/ECF.

[Comment: See Local Rules 1019-1(J) (deadline for filing postpetition claim in reconverted case) and 2083-1(B) (additional review of claims and service of copies by attorney for chapter 13 debtor required).]

☞2015 Amendment: Technical amendment to conform text to related rule and to add reference to local chapter 7 form.
☞2016 Amendment: Citation to Local Rule 1019-1 amended to reflect adoption of Interim Local Rule 1019-1 by Administrative Order 2016-02.