Chapter 9 or 11 – Filing a Proof of Claim or Equity Interest

U.S. Bankruptcy Court for the Southern District of Florida

Rule Set: Local Bankruptcy Rules of the U.S. Bankruptcy Court for the Southern District of Florida

Rule: 3003-1

Jurisdiction: SDFLB

Bluebook Citation: Bankr. S.D. Fla. R. 3003-1

(a) Time to File. Unless the court orders otherwise and except as provided by § 502(b)(9), the time under Bankruptcy Rule 3003(c)(3) to file a proof of claim or interest is 70 days after entry of the order for relief. (b) Exceptions. The time to file a proof of claim in a chapter 9 or chapter 11 case is modified as follows: (1) Meeting of Creditors Not Timely Noticed.

In a case where the debtor, the trustee, creditors, and all indenture trustees have not been given at least 21 days’ notice by mail of the § 341 meeting of creditors, a proof of claim is timely if it is filed no later than 70 days after timely service under Bankruptcy Rule 2002(a)(1) of notice of the § 341 meeting of creditors. (2) Dismissal Order Vacated. In a case that was dismissed before the time to file a proof of claim expired and the dismissal order is later vacated, a proof of claim is timely if it is filed no later than 70 days after entry of the order vacating the dismissal order.

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