Local Rule LR 3002-1: Supplemental Claims
Bankr. E.D. Wis. — General rule
LR 3002-1 Supplemental Claims
(a) Filing and administration of supplemental claims.
(1) When a debt-adjustment or reorganization plan provides for an allowed claim that is secured by a lien on the debtor's property, the holder of that claim may supplement its proof of claim to include amounts due and owing after the filing of the bankruptcy petition when authorized by court order or stipulation signed by the creditor, the debtor, and the trustee and filed with the court.
(2) A creditor filing a supplemental claim must use the Official Bankruptcy form for filing a proof of claim, modified at a minimum to identify it clearly as a supplemental claim, or the Local Supplemental Proof of Claim Form.
(b) Filing of supplemental claim after adjudication of motion for relief from stay. Unless the court orders otherwise,
(1) if a court order authorizes a creditor to file a supplemental proof of claim, the creditor must file any supplemental proof of claim no later than 70 days after entry of the order.
(2) if a stipulation authorizes a creditor to file a supplemental proof of claim, the creditor must file any supplemental proof of claim by the date provided in the stipulation or, if no date is provided, no later than 70 days after the stipulation is filed.
(c) Filing of supplemental claims by debtor or trustee. If a creditor fails timely to file a supplemental claim, the debtor or trustee may file the supplemental proof of claim pursuant to Federal Rule of Bankruptcy Procedure 3004.
(d) Objections to supplemental claims. An objection to a supplemental claim is governed by Federal Rule of Bankruptcy Procedure 3007 and Local Rule 3007-1; any order allowing or disallowing a supplemental claim may be reconsidered as provided in Federal Rule of Bankruptcy Procedure 3008.
(e) Effect of withdrawal, transfer, or assignment of claim on supplemental claim. If a claim that has been supplemented under this rule is withdrawn, the supplemental claim is also deemed withdrawn. If such a claim is transferred or assigned, a trustee must tender any payment on the supplemental claim to the transferee or assignee.
(f) Application of Rule 3002.1 to supplemental claims. Federal Rule of Bankruptcy Procedure 3002.1 applies to all supplemental claims that supplement claims to which that rule otherwise applies.