(a) Necessity for Filing. An unsecured
creditor or an equity security holder must file a proof of
claim
or interest for the
claim
or interest to be allowed, except as provided in Rules
1019(3),
3003,
3004, and
3005.
(b) Place of Filing. A proof of
claim
or interest shall be filed in accordance with Rules
5005.
(c) Time for Filing. In a chapter
7
liquidation, chapter
12
family farmer's
debt adjustment, or chapter
13
individual's
debt adjustment case, a proof of
claim
is timely filed if it is filed not later than 90 days after the first
date set for the meeting of
creditors called under
341(a)
of the Code, except
as follows:
(1)
A proof of
claim
filed
by a
governmental unit, other than for a claim resulting from a tax return filed under § 1308,
is timely filed if it is filed not later than 180 days after the date of
the
order
for relief.
A proof of claim filed by a
governmental unit for a claim resulting from a
tax return filed under § 1308
is timely filed if it is filed no later than 180 days after the
date of the
order for relief or 60 days after the date of the
filing of the tax return. The court may, for cause, enlarge the time
for a
governmental unit to file a proof of claim only
upon motion of the governmental unit made before expiration of the
period for filing a timely proof of claim.
(2) In the interest of justice and if it
will not unduly delay the administration of the case, the
court may extend
the time for filing a proof of
claim
by an infant or incompetent
person or the representative of either.
(3) An unsecured
claim
which arises in favor of an
entity or becomes allowable as a result of a
judgment may be
filed within 30 days after the
judgment becomes
final if the judgment
is for the recovery of money or property from that
entity or denies or avoids the
entity's interest in property. If the
judgment imposes
a liability which is not satisfied, or a duty which is not performed
within such period or such further time as the
court may permit,
the
claim
shall not be allowed.
(4) A
claim
arising from the rejection of an executory contract or unexpired lease
of the
debtor may be filed within such time as the
court may direct.
(5) If notice of insufficient assets to pay
a dividend was given to
creditors under Rule
2002(e), and subsequently
the trustee notifies the
court
that payment of a dividend appears possible, the
clerk shall
give at least 90 days' notice by mail to
creditors of that fact
and of the date by which proofs of
claim
must be filed.
(6)
If notice of the time to file a proof of claim has been
mailed
to a creditor at a foreign address, on motion filed by the
creditor before or after the expiration of the time, the court
may extend the time by not more than 60 days if the court finds
that the notice was insufficient under the circumstances to
give the creditor a reasonable time to file a proof of claim.
(Amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff.
Aug. 1, 1991; Apr. 23, 1996, eff. Dec. 1, 1996; Aug. 22,
2005 (interim rules), eff. Oct. 17, 2005; April 23,
2008, eff. Dec. 1, 2008.)
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