Local Rule RULE 3002-1: Late Filed Claims in Chapter 12 and 13 Cases.
Bankr. D. Mont. — General rule
RULE 3002-1. Late Filed Claims in Chapter 12 and 13 Cases.
Late filed proofs of claim in Chapter 12 or 13 cases shall be deemed disallowed without the need for trustee's formal objection or a hearing if trustee sends a notice of the late filing to creditor using Mont. LBF 21. If a creditor files a response and requests a hearing within 30 days of the notice date, creditor shall notice the contested matter for a hearing pursuant to Mont. LBR 9013-1, except that such notice shall provide that the hearing on the notice shall be scheduled at least 21 days after the date of creditor's response and request for a hearing. If creditor fails to file a written response to the notice within 30 days of the notice date, the failure to respond shall be deemed an admission that the proof of claim was filed late and shall be disallowed by the Court without further notice or a hearing. Trustee shall not pay on a claim filed after the claims bar deadlines described in Fed. R. Bankr. P. 3002(c) or 3004 without a Court order obtained by the claimant allowing such claim.
Related Authority: 11 U.S.C. § 502(b)(9) Fed. R. Bankr. P. 3002, 3004, and 3007