Rule 3005 — Filing a Proof of Claim or Accepting or Rejecting a Plan by a Surety, Endorser, Guarantor, or Other Codebtor

Fed. R. Bankr. P. 3005

• Source: Federal Rules of Bankruptcy Procedure
• Rule: 3005
• PART X: [ABROGATED]
• Citation: Fed. R. Bankr. P. 3005

Text

(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 credi-
tor’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.

Advisory Committee Notes

(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.)