Rule 3002 — Filing a Proof of Claim or Interest

Fed. R. Bankr. P. 3002

• Source: Federal Rules of Bankruptcy Procedure
• Rule: 3002
• PART X: [ABROGATED]
• Citation: Fed. R. Bankr. P. 3002

Text

(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 in-
terest 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 adminis-
tration.
(3) Unsecured Claim That Arises from a Judgment. This para-
graph (3) applies if an unsecured claim arises in favor of an en-
tity 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 Un-
expired 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 re-
lief; 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 be-
fore 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 credi-
tor a reasonable time to file.

Advisory Committee Notes

(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.)