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The Bankruptcy Protector

November 28, 2017

Creditors Have Less Time to File Claims under Amendment to Rule 3002

By Gregory M. Taube

Creditors should take note that the deadline for filing a proof of claim has changed in bankruptcy cases filed under chapter 7, chapter 12 or chapter 13. As of December 1, 2017, a proof of claim ordinarily must be filed not later than 70 days after the bankruptcy case is filed if the case is voluntarily filed under one of these chapters. The change in deadlines is one of many recent changes to the Federal Rules of Bankruptcy Procedure. A summary of all of these changes can be found at https://www.supremecourt.gov/orders/courtorders/frbk17_d18e.pdf. The new 70-day deadline can be found in amended Rule 3002(c). Notably, with respect to filing a proof of claim, Rule 3002(c)(6) now provides a procedure for extending the deadline for filing a proof of claim if the creditor did not receive sufficient notice of the bankruptcy filing. In this context, notice may be insufficient if the debtor failed to timely file the list of creditors’ names and addresses creditor as required by Rule 1007(a) or the notice was mailed to the creditor at a foreign address.

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