Rule 3003 — Chapter 9 or 11—Filing a Proof of Claim or Equity In- terest

Fed. R. Bankr. P. 3003

• Source: Federal Rules of Bankruptcy Procedure
• Rule: 3003
• PART X: [ABROGATED]
• Citation: Fed. R. Bankr. P. 3003

Text

(a) SCOPE. This rule applies only in a Chapter 9 or 11 case.
(b) SCHEDULED LIABILITIES AND LISTED EQUITY SECURITY HOLD-
ERSASPRIMAFACIEEVIDENCEOFVALIDITYANDAMOUNT.
(1) Creditor’s Claim. An entry on the schedule of liabilities
filed under §521(a)(1)(B)(i) is prima facie evidence of the valid-
ity 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 in-
terest. Filing a proof of the interest is unnecessary except as
provided in (c)(2).
(c) FILINGAPROOFOFCLAIM.
(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 eq-
uity 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 trust-
ee 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 schedul-
ing 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 secu-
rity may file a statement setting forth facts that entitle the en-
tity to be treated as the record holder. A party in interest may
file an objection to the statement.

Advisory Committee Notes

(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.)