Filing a Proof of Claim or Accepting or Rejecting a Plan by a Surety, Endorser, Guarantor, or Other Codebtor

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

Rule 3005.

(a)

In General.

If a creditor fails to file a proof of claim within the time prescribed by Rule 3002(c) or Rule 3003(c), it may be filed by an entity that, along with the debtor, is or may be liable to the creditor or has given security for the creditor’s debt. The entity must do so within 30 days after the creditor’s time to file expires. A distribution on such a claim may be made only on satisfactory proof that the distribution will diminish the original debt.

(b)

Accepting or Rejecting a Plan in a Creditor’s Name.

An entity that has filed a proof of claim on a creditor’s behalf under (a) may accept or reject a plan in the creditor’s name. If the creditor’s name is unknown, the entity may do so in its own name. But the creditor must be substituted for the entity on that claim if the creditor:

(1)

files a proof of claim within the time permitted by Rule 3003(c); or

(2)

files notice, before the plan is confirmed, of an intent to act on the creditor’s own behalf.

(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 1, 1991; Apr. 25, 2005, eff. Dec. 1, 2005; Apr. 2, 2024, eff. Dec. 1, 2024.)