DEADLINES FOR FILING PROOFS OF CLAIM IN REINSTATED CASES
U.S. Bankruptcy Court for the Middle District of Florida
U.S. Bankruptcy Court for the Middle District of Florida
AND FOR REJECTION DAMAGES; LATE-FILED PROOFS OF CLAIM; SERVICE OF PROOFS OF CLAIM ON PRO SE DEBTORS (a) Deadline for Filing Proofs of Claim in Reinstated Cases. If a case is dismissed before the deadline for filing proofs of claim under Fed. R. Bankr. P. 3002(c) has expired and the case is thereafter reinstated, a proof of claim is timely filed if it is filed no later than 70 days after the date of entry of the order vacating the dismissal and reinstating the case. (b) Deadline for Filing Proofs of Claim for Rejection Damages. Unless the Court orders otherwise, a claim arising from the rejection of an executory contract or unexpired lease must be filed within 30 days after entry of the order approving rejection or by the deadline for filing proofs of claim, whichever is later.
(c) Tardily Filed Proofs of Claim in Chapter 7 Cases. A creditor in a Chapter 7 case that failed to file a claim before the deadline under Fed. R. Bankr. P. 3002(c) may tardily file a proof of claim without first obtaining leave of Court. However, under 11 U.S.C. § 726(a)(3), tardily filed claims receive a distribution only if all claims that were timely filed under 11 U.S.C. § 726(a)(2) are paid in full. A creditor that did not have notice or actual knowledge of the case in time for timely filing of a claim before the deadline may file a motion seeking relief under 11 U.S.C. § 726(a)(2)(C) to have the claim deemed timely filed.
(d) Service of Proofs of Claim on Pro Se Debtors. A creditor filing a proof of claim in a Chapter 13 case where the debtor is not represented by counsel shall serve the proof of claim on the debtor at the address indicated on the docket and file proof of service in accordance with
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