Filing a Proof of Claim or Interest

U.S Code last checked for updates: Jan 30, 2025

Rule 3002.

(a)

Need to File.

Unless Rule 1019(c), 3003, 3004, or 3005 provides otherwise, every creditor must file a proof of claim—and an equity security holder must file a proof of interest—for the claim or interest to be allowed. A lien that secures a claim is not void solely because an entity failed to file a proof of claim.

(b)

Where to File.

The proof of claim or interest must be filed in the district where the case is pending and in accordance with Rule 5005.

(c)

Time to File.

In a voluntary Chapter 7 case or in a Chapter 12 or 13 case, the proof of claim is timely if filed within 70 days after the order for relief or entry of an order converting the case to Chapter 12 or 13. In an involuntary Chapter 7 case, a proof of claim is timely if filed within 90 days after the order for relief is entered. These exceptions apply in all cases:

(1)

Governmental Unit. A governmental unit’s proof of claim is timely if filed within 180 days after the order for relief. But a proof of claim resulting from a tax return filed under § 1308 is timely if filed within 180 days after the order for relief or within 60 days after the tax return is filed. On motion filed by a governmental unit before the time expires and for cause, the court may extend the time to file a proof of claim.

(2)

Infant or Incompetent Person. In the interests of justice, the court may extend the time for an infant or incompetent person—or a representative of either—to file a proof of claim, but only if the extension will not unduly delay case administration.

(3)

Unsecured Claim That Arises from a Judgment. This paragraph (3) applies if an unsecured claim arises in favor of an entity or becomes allowable because of a judgment to recover money or property from that entity or a judgment that denies or avoids the entity’s interest in property. The claim may be filed within 30 days after the judgment becomes final. But the claim must not be allowed if the judgment imposes a liability that is not satisfied—or a duty that is not performed—within the 30 days or any additional time set by the court.

(4)

Claim Arising from a Rejected Executory Contract or Unexpired Lease. A proof of claim for a claim that arises from a rejected executory contract or an unexpired lease may be filed within the time set by the court.

(5)

Notice That Assets May Be Available to Pay a Dividend. The clerk must, by mail, give at least 90 days’ notice to creditors that a dividend payment appears possible and that proofs of claim must be filed by the date set forth in the notice if:

(A)

a notice of insufficient assets to pay a dividend had been given under Rule 2002(e); and

(B)

the trustee later notifies the court that a dividend appears possible.

(6)

Claim Secured by a Security Interest in the Debtor’s Principal Residence. A proof of a claim secured by a security interest in the debtor’s principal residence is timely filed if:

(A)

the proof of claim and attachments required by Rule 3001(c)(2)(C) are filed within 70 days after the order for relief; and

(B)

the attachments required by Rule 3001(c)(1) and (d) are filed as a supplement to the holder’s claim within 120 days after the order for relief.

(7)

Extending the Time to File. On a creditor’s motion filed before or after the time to file a proof of claim has expired, the court may extend the time to file by no more than 60 days from the date of its order. The motion may be granted if the court finds that the notice was insufficient to give the creditor a reasonable time to file.

(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 1, 1991; Apr. 23, 1996, eff. Dec. 1, 1996; Apr. 23, 2008, eff. Dec. 1, 2008; Apr. 27, 2017, eff. Dec. 1, 2017; Apr. 11, 2022, eff. Dec. 1, 2022; Apr. 2, 2024, eff. Dec. 1, 2024.)