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Filing Proof of Claim or Interest in Chapter 11 Cases

Local Rule Number: 
Rule 3003-1
3000 Series

(A)       Deadline.  Unless otherwise ordered by the court and except as provided by 11 U.S.C. §502(b)(9), the deadline for filing a proof of claim or interest required by Bankruptcy Rule 3003(c)(2) shall be 90 days after the first date scheduled for the meeting of creditors.  Notice of this deadline shall be provided, pursuant to Bankruptcy Rules 2002(a)(7) and 2002(f)(3) and Local Rule 2002-1(C)(1), in the §341 or post-conversion meeting notice.

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

(B)       Modification of Claims Deadline.  The deadline set pursuant to subdivision (A) of this rule or by order of the court for filing a proof of claim or interest in chapter 11 cases is modified in the following instances for non-governmental unit claimants:

(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) and Local Rule 2002-1(C)(1), and as a result of this failure to provide notice the §341 meeting must be rescheduled before another notice can be served, the deadline for filing a proof of claim or interest shall be 90 days after the rescheduled date of the §341 meeting.

(2)        Case Dismissed and Reinstated.  If a chapter 11 case is dismissed prior to the expiration of the claims deadline and subsequently reinstated:

(a)        In a case dismissed before the §341 meeting is held, the new deadline for filing a proof of claim or interest shall be 90 days after the rescheduled §341 meeting.

(b)       In a case dismissed after the §341 meeting is held, the new deadline for filing a proof of claim or interest shall be 90 days from execution of the order reinstating the case.

Any other proposed order reinstating a case submitted for consideration by the court in chapter 11 cases must contain the new deadlines prescribed by this rule for reinstated cases.  The clerk shall provide notice of the new deadline.

(C)       Deadline for Claims Arising from Rejection of Contracts or Leases.  Unless otherwise ordered by the court, a 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); 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 Local Rule 6006-1 (deadline notice to be included in orders rejecting executory contracts).]

☞2015 Amendment:  Subdivision (B)(2)(b) is amended to conform to text in related rules.