Local Rule Rule 3001-1: Claims—General.

Rule 3001-1. Claims—General.

(a) Asset Chapter 7.

(1) Tardy Proof of Claim. If a tardily filed nonpriority unsecured claim does not otherwise state a reason for being considered timely under § 726(a)(2)(C), the trustee must treat the claim under § 726(a)(3) unless the court orders that the claim be considered timely.

(2) Amended Proof of Claim. A claimant filing an amended claim after the claim deadline must mark the claim "Amended," and file the claim no later than the deadline in (3).

(3) Deadline to File. For a tardily filed nonpriority unsecured claim to share in the distribution under § 726(a)(2) or (3), the claim must be filed, and any order authorizing § 726(a)(2)(C) status for the claim must be entered, by the later of the date the trustee files a final report or any last date set for requesting a hearing on the final report.

(4) Surplus Assets. If a trustee determines that estate assets might exceed all timely allowed claims, the trustee may file a request that a notice of surplus assets be given to creditors. If a notice of surplus assets is sent after expiration of the filing deadline for tardy claims in (3), the deadline for filing tardy claims will be extended as set forth in the notice.

(b) Chapter 11.

(1) General. A proof of claim is timely if it is filed within the deadline set forth in FRBP 3002(c) for a similar claim in a case filed under chapter 7.

(2) Creditor Information Amendment. A debtor must file LBF 728 to amend any creditor information, and the pertinent provisions in that form apply to the deadline for filing a proof of claim.

(c) Chapter 12 or 13.

(1) Amended Proof of Claim.

(A) Notice Required Only if Debtor not Represented by an Attorney. A creditor must serve the notice on LBF 302.

(B) Objection. To prevent distribution, an objection to an amended claim must be filed no later than 14 days after the date the amended claim was filed.

(C) Distribution. The trustee must not make any distribution on an amended claim filed after the initial deadline for filing the claim until the later of either: (i) 21 days after it was filed or (ii) the resolution of an objection filed under (B).

(2) Motion by Debtor for Payment of Untimely Filed Claim. A debtor seeking to have a claim filed by the debtor on behalf of a creditor treated as timely must file a motion on LBF 1365.

Cross-references: • Compensation for Services Rendered & Reimbursement of Expenses – LBR 2016-1. • Copy—Claim – LBR 5078-1. • Representation of an Organization – LBR 9010-1(c).