U.S. CODE
Rulings
AD/CVD
Notices
HTSUS
U.S. Code
Regs
More
Ports
About
Updates
Apps
Larger font
Smaller font
CustomsMobile Pro
beta now open!
Apply for a FREE beta account. Spaces are limited so apply today.
SIGNUP FOR BETA
SEARCH
Toggle Dropdown
Search US Code
Search Leg. Notes
Sort by Rank
Titles Ascending
Titles Descending
10 per page
25 Result/page
50 Result/page
U.S Code last checked for updates: Jan 30, 2025
All Titles
Appendix 11a
Courtrules
Part III
Courtrule 3002.1 - Notice Relati...
Courtrule 3004 - Proof of Claim ...
Courtrule 3002.1 - Notice Relati...
Courtrule 3004 - Proof of Claim ...
U.S. Code
Rule 3003.
Chapter 9 or 11—Filing a Proof of Claim or Equity Interest
(a)
Scope
.
This rule applies only in a Chapter 9 or 11 case.
(b)
Scheduled Liabilities and Listed Equity Security Holders as Prima Facie Evidence of Validity and Amount.
(1)
Creditor’s Claim
. An entry on the schedule of liabilities filed under § 521(a)(1)(B)(i) is prima facie evidence of the validity and the amount of a creditor’s claim—except for a claim scheduled as disputed, contingent, or unliquidated. Filing a proof of claim is unnecessary except as provided in (c)(2).
(2)
Interest of an Equity Security Holder
. An entry on the list of equity security holders filed under Rule 1007(a)(3) is prima facie evidence of the validity and the amount of the equity interest. Filing a proof of the interest is unnecessary except as provided in (c)(2).
(c)
Filing a Proof of Claim.
(1)
Who May File a Proof of Claim
. A creditor or indenture trustee may file a proof of claim.
(2)
Who Must File a Proof of Claim or Interest
. A creditor or equity security holder whose claim or interest is not scheduled—or is scheduled as disputed, contingent, or unliquidated—must file a proof of claim or interest. A creditor who fails to do so will not be treated as a creditor for that claim for voting and distribution.
(3)
Time to File
. The court must set the time to file a proof of claim or interest and may, for cause, extend the time. If the time has expired, the proof of claim or interest may be filed to the extent and under the conditions stated in Rule 3002(c)(2), (3), (4), and (7).
(4)
Proof of Claim by an Indenture Trustee
. An indenture trustee may file a proof of claim on behalf of all known or unknown holders of securities issued under the trust instrument under which it is trustee.
(5)
Effect of Filing a Proof of Claim or Interest
. A proof of claim or interest signed and filed under (c) supersedes any scheduling of the claim or interest under § 521(a)(1).
(d)
Treating a Nonrecord Holder of a Security as the Record Holder
.
For the purpose of Rules 3017, 3018, and 3021 and receiving notices, an entity that is not a record holder of a security may file a statement setting forth facts that entitle the entity to be treated as the record holder. A party in interest may file an objection to the statement.
(As amended
Mar. 30, 1987
, eff.
Aug. 1, 1987
;
Apr. 30, 1991
, eff.
Aug. 1, 1991
;
Apr. 23, 2008
, eff.
Dec. 1, 2008
;
Apr. 2, 2024
, eff.
Dec. 1, 2024
.)
.list_box li,p,.cm-search-info,.cm-search-detail,.abt span,.expand-collapse_top
Get the CustomsMobile app!