Local Rule Rule 3002-1: DEADLINE IN CHAPTER 7 CASES FOR ADMINISTRATIVE CLAIMS PURSUANT TO 11 U.S.C. § 503(b)(9)

Rule 3002-1 DEADLINE IN CHAPTER 7 CASES FOR ADMINISTRATIVE CLAIMS PURSUANT TO 11 U.S.C. § 503(b)(9)

Unless the Court orders otherwise, any request in a chapter 7 case for allowance of an administrative expense for the value of goods delivered to a debtor in the ordinary course of the debtor's business within twenty (20) days prior to the commencement of the case pursuant to 11 U.S.C. § 503(b)(9) shall be made by a written motion filed with the Court no later the bar date that has been set for the filing of claims in that chapter 7 case. Notice of the deadline established by this Rule shall be included in any notice of the chapter 7 bar date. Failure to file a timely request for allowance in accordance with this Rule will result in denial of administrative expense treatment for such claim unless the movant can show that it did not have proper notice.

Comment Local Bankruptcy Rule 3002-1 was adopted in 2024. It applies only in chapter 7 cases. In chapter 11 cases, the deadlines for the filing of claims or motions pursuant to 503(b)(9) will be set by court order. In chapter 7 cases in which it does not appear that assets will be available for distribution the setting of a bar date is usually deferred, and in such cases the deadline for the filing of motions pursuant to section 503(b)(9) will similarly be deferred.