Local Rule 3001-1: Claims and Equity Security Interests

Local Rule 3001-1 Claims and Equity Security Interests

(a) Where to File a Claim.

(1) In all cases, proofs of claim shall be filed by electronic means directly with the Clerk of Court according to those guidelines established and published by the court. A creditor may file a proof of claim electronically at the court's website (www.ncwb.uscourts.gov).

(2) When filing proofs of claim, the claimant shall comply with the requirements of Federal Rule of Bankruptcy Procedure 3001(c) and (d) regarding the attachment of documentation in electronic format sufficient to establish the validity and status of the claim asserted, pursuant to the Clerk's guidelines.

(3) The filing of a proof of claim by electronic means directly with the Clerk shall constitute the filing claimant's approved signature by law, and the provisions of 18 U.S.C. § 152(4) shall apply to the filing of a proof of claim under this procedure.

(4) The filing of a proof of claim by electronic means in accordance with the Clerk's procedures shall constitute entry of the proof of claim in the claims register maintained by the Clerk pursuant to Federal Rule of Bankruptcy Procedure 5003(b).

(b) Filing of Claims by Debtor or Chapter 13 Trustee. In Chapter 13 cases, if a creditor fails to file a proof of claim on or before the first date set for the § 341 meeting of creditors, the debtor or the Chapter 13 trustee may do so in the name of the creditor. If the debtor or the trustee files a proof of claim on behalf of a creditor, the creditor may file an amended proof of claim pursuant to Federal Rules of Bankruptcy Procedure 3002 or 3003(c) that will supersede the proof of claim filed by the debtor or the trustee.

(c) Time for Filing Proof of Claim or Interest in a Chapter 11 Case. Pursuant to Federal Rule of Bankruptcy Procedure 3003(c)(3) and unless otherwise ordered by the court, a proof of claim or interest shall be timely if filed:

(1) In a case filed under Subchapter V of Chapter 11, within 70 days after the order for relief;

(2) For entities other than a governmental unit in a standard (non-Subchapter V) Chapter 11 case, within 90 days after the order for relief; or

(3) For governmental units in a standard (non-Subchapter V) Chapter 11 case, within 180 days after the order for relief.

(d) Electronic Filing of Transfers of Claim. Creditors shall adhere to the following procedures when filing transfers of claim:

(1) In all cases filed under all chapters of the Bankruptcy Code, transfers of claim shall be filed by electronic means directly with the Clerk of Court according to those guidelines established and published by the Clerk.

(2) The filing of a transfer of claim by electronic means directly with the Clerk shall constitute the filing claimant's approved signature by law, and the provisions of 18 U.S.C. § 152(4) shall apply to the filing of a transfer of claim under this procedure. A creditor may file a transfer of claim electronically at the court's website (www.ncwb.uscourts.gov).

(3) The filing of a transfer of claim shall require the attachment of Official Bankruptcy Form B 2100A. Supporting documentation may be attached within the same filing.

(4) The filing of a transfer of claim by electronic means in accordance with the Clerk's procedures shall constitute entry of the transfer of claim pursuant to Federal Rule of Bankruptcy Procedure 5003(b).

(5) Any paper "hard copy" transfer of claim filed with the Clerk that has subsequently been scanned and docketed in CM/ECF may be destroyed at any time thereafter.